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2008-12-17 Council Packet
AGENDA KENAI CITY COUNCIL -REGULAR MEETING `~.' DECEMBER 17, 2008 n..~ / 7:00 P.M. "x81° KENAI CITY COUNCIL CHAMBERS h ttp:!/www. ci. ke n a i. a k. u s ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Resolution No. 2008.70 -- Confirming the Assessment Roll on the Shamrock Circle Improvement Special Assessment District. 2. Resolution No. 2008.71 -- Confirming the Assessment Roll on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District. 3. Resolution No. 2008-72 --Authorizing the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport. 4. Resolution No. 2008-73 --Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - 2009. 5. Resolution No. 2008-74 -- Authorizing a Budget Transfer From the City Shop Department to Various City Departments for Fuel Cost Being Charged Directly to City Departments but Originally Budgeted in the CIYy Shop. ITEM G: UNFINISHED BUSINESS -None ITEM H: NEW BUSINESS 7. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15000. 3. 'Ordinance No. 2363-2008 -- Amending KMC 4.30.010-.075 to adopt the National Electrical Code, 2008 Edition of the National Fire Protection Association with Local Amendments to the Above. 4. 'Ordinance No. 2364.2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance. 5. 'Ordinance No. 2365-2008 -- 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. 6. 'Ordinance No. 2366-2008 -- Amending KMC 1.85.020 to Change the Threshold Amount of Income, Business Interests, Loans, Trusts and Other Financial Transactions that Must Be Reported on the City's Financial Disclosure Form From One Thousand Dollars ($1,000) to Five Thousand Dollars ($5,000). 7. 'Ordinance No. 2361-2008 -- (1) Reducing Estimated Revenues and Appropriations by $166,442.60 in the General Fund Non-Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) and Reducing a Previous Appropriation in the Visitor Center Heating System Capital Projects Fund for Replacement of the Center's Heating System. 8. 'Ordinance No. 2368-2008 -- Increasing Estimated Revenues and Appropriations by $76,016 in the Airport Fund and by $640,681 in the Runway Improvement Capital Project Fund for Capital Improvements. 9. 'Ordinance No. 2369.2008 -- Increasing Estimated Revenues and Appropriations by $140,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Window Replacement at the City's Vintage Pointe Manor Congregate Housing Facility. 10. 'Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. 17. 'Ordinance No. 2371-2008 -- Amending the Official Kenai Zoning Map by Rezoning Thompson Park Bergholtz (Preliminary Plat) Consisting of Approximately 1.96 Acres From Rural Residential and Suburban Residential to Suburban Residential. 12. 'Ordinance No. 2372-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Municipal Airport -- Float Plane Basin Replat (Preliminary Plat) Approximately 162 Acres Within the Airport Reserve in the City of Kenai From Conservation and Rural Residential to Light Industrial. 13. Approval -- Memorandum of Agreement/State of Alaska Department of Transportation & Public Facilities -- Various Road Improvements in the City of Kenai (SAFETEA-LU Earmark, Sec. 1702, No. 3683/Extending Improvements Alonq Baron Park Lane From the End of the Existing Roadway at Lowes North to the Intersection with HEA Access Road and Rehabilitation and Paving of HEA Access Road From the Baron Park Intersection to Marathon Road). 74. Discussion -- Establishment of a City of Kenai Salmon Task Force. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidatgo Avenue, or visit our website at http://www.ci.kenai.akus. TESTIMONY SIGN-EN SKEET w O a 01 09 l4 0. O z N W W U z O v "~ ~ Z ~ W W W O W ~ ~ p 7~ J J J f- J O ~ ~ (n p ~ ~ O m O a Sc cn O ~ J w O ~ v ~ w C7 ~'O W W J W ~ ZJJI-J~~(n J O~OO~OmJO -~~macn~W~ '~ t` ~ \ W J- d' W ~ O W W J ~ . J J f J ~ to O ~ O O ~ O ~ O ~ ~ m ~ cn ~ w ~ a ~I w r ~ } Ur OJ J H J ~ ~ ~00~00 ~macn~w W W U ~ ~ ~ O p to ~ W ~ ~`' z W w Z O ~ W J W I- J J ~ O 0 ~ (n ~ ~ m a c~i~ ~ ~ ~ AGENDA KENAI CITY COUNCIL -REGULAR MEETING DECEMBER 17, 2008 7:00 P.M. I{ENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us YTEM A: CALL TO ORDER Pledge of Allegiance Roll Call Agenda Approval 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. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) TEM 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.) Resolution No. 2008-70 -- Confirming the Assessment Roll on the Shamrock Circle Improvement Special Assessment District ............................................ Resolution No. 2008-71 -- Confirming the Assessment Roll on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District ........................... 3. Resolution No. 2008-72 -- Authorizing the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport .................... 4. Resolution No. 2008-73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - 2009 .................................................................... 5. Resoffiution No. 2008-74 -- Authorizing a Budget Transfer From the City Shop Department to Various City Departments for Fuel Cost Being Charged Directly to City Departrnents but Originally Budgeted in the City Shop .......................... ITEM F: MINUTES 1. *Regular Meeting of December 3, 2008 ............................................................. 2. *Council Work Session Notes of December 3, 2008 ........................................... 13 15 16 18 35 ITEM G: UNFIPiIBHED BUSINESS ITEM H: 1. Bills to be Ratified .......................................................................................... 37 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 38 3. *Ordinanee No. 2363-2008 -- Amending KMC 4.30.010-.015 to adopt the National Electrical Code, 2008 Edition of the National Fire Protection Association with Local Amendments to the Above ............................................. 39 *Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance ............................................................. 42 5. *Ordinance No. 2365-2008 -- 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 ........................................................................ 43 6. *Ordinance No. 2366-2008 -- Amending KMC 1.85.020 to Change the Threshold Amount of Income, Business Interests, Loans, Trusts and Other Financial Transactions that Must Be Reported on the City's Financial Disclosure Form From One Thousand Dollars ($1,000) to Five Thousand Dollars ($5,000) ............................................................................................. 45 7. *Ordinance No. 2367-2008 -- (1) Reducing Estimated Revenues and Appropriations by $166,442.60 in the General Fund Non-Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) and Reducing a Previous Appropriation in the Visitor Center Heating System Capital Projects Viand for Replacement of the Center's Hea*ing System .......................... 48 *Ordinance No. 2368-2008 -- Increasing Estimated Revenues and Appropriations by $16,016 in the Airport Fund and by $640,681 in the Runway Improvement Capital Project Fund for Capital Improvements ............................ 50 *Ordinanee No. 2369-2008 -- Increasing Estimated Revenues and Appropriations by $140,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Window Replacement at the City's Vintage Pointe Manor Congregate Housing Facility .................................. 56 10. *Ordsnance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures ......................................................:.......................................... 59 11. *Ordinanee No. 2371-2008 -- Amending the Official Kenai Zoning Map by Rezoning Thompson Park Bergholtz (Preliminary Plat) Consisting of Approximately 1.96 Acres From Rural Residential and Suburban Residential to Suburban Residential .................................................................................... 60 12. *Ordinance No. 2372-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Municipal Airport -- Float Plane Basin Replat (Preliminary Plat) Approximately 162 Acres Within the Airport Reserve in the City of Kenai From Conservation and Rural Residential to Light Industrial .................................... 64 13. Approval -- Memorandum of Agreement/State of Alaska Department of Transportation & Public Facilities -- Various Road Improvements in the City of Kenai (SAFETEA-LU Earmark, Sec. 1702, No. 3683/Extending Improvements Along Baron Park Lane From the End of the Existing Roadway at Lowes North to the Intersection with HEA Access Road and Rehabilitation and Paving of HEA Access Road From the Baron Park Intersection to Marathon Road) .................... 68 14. Discussion -- Establishment of a City of Kenai Salmon Task Force ................... 75 YTEM I: COMMISSION/COMMYTTEE REPORTS 1. Council on Aging ............................................................................................ -- 2. Airport Commission ....................................................................................... . -- 3. Harbor Commission ...............:....................................................................... 78 4. Library Commission ....................................................................................... 82 5. Parks 8v Recreation Commission .................................................................... . -- 6. Planning 8r, Zoning Commission ...................................................................... 86 7. Miscellaneous Commissions and Committees a. Beautification Committee ........................................................................... -- b. Alaska Municipal League Report ................................................................ . -- c. Mini-Grant Steering Committee .................................................................. -- d. Advisory Cemetery Committee .................................................................... 93 e. Kenai Convention 8v Visitors Bureau ........................................................... ITEM J: REPORT OF THE MAYOR ....................................................... . 98 ITEM IC: 1. City Manager ................................................................................................. 102 2. City Attorney .................................................................................................. -- 3. City Clerk ...................................................................................................... -- ITEM L: DYSCUSSION Citizens (five minutes) Council ITEM M: PEND%NG LEGYSLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October I5, 2008 in the council chambers, beginning at 5:30 p. m.J EXECUTYVE SESSION -- None Scheduled.. YTEM N: INFORMATION ITEMS DECEMBER 17, 2008 Page No. 1. 11/19/2008 Purchase Orders Between $2,500 and $15,000 for council review. 165 2. 12/09/08 R. Molloy, Ordinance No. 2347-2008, Draft Substitute B, amending KMC 1.15.040 ................................................................................................ 166 3. i 1 /G8 Kenai t~unicipai Airport Eripiariertierit Report ......................................... 170 4. 11/ 10/08 University of Alaska Fairbanks, Festival of Native Arts letter requesting a contribution to the event .............................................................. 171 5. 12/ 10/08 S. H. Lovett application for appointment consideration to the Beautification Committee (currently two vacanciesj .....:..................................... 174 12 f 11 /08 Kenai River Special Management Area Advisory Board Meeting Agenda and 11/ 13/08 meeting minutes ........................................................... 1'75 7. 2009 Alaska Gaming Permit Applications • Pickle Hill Public Broadcasting, Inc. • Fraternal Order of Eagles Aerie #3525 • Kenai Senior Connection, Inc. • Fraternal Order of Moose, Peninsula Lodge 1942 .......................... 181 8. 2009 Alaska Pull-Tab Vendor Registrations • Rainbow Bar/Pickle Hill Public Broadcasting • 4 Royal Parkers/Pickle Hill Public Broadcasting ............................ 190' - DECEMBER 17, 2008 REGULAR COUNCIL MEETYNG REQUESTED ADDYTIONS/CHANGES TO TI3E PAGIiET ITEM REQUESTED BY: ADD TO: E-1, Resolution No. 2008-70 (Shamrock Circle LID) -- Gary & Margie Bogue (owners of Lot 7) letter of objection CONSENT AGENDA No changes. ~~, ,_..-/, CITY OF KENAI RESOLUTION Nq. 200-70 Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON THE SHAMROCK CIRCLE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT. WHEREAS, a public hearing has been held on the final assessment roll for the Shamrock Circle Improvement Special Assessment District; and, WHEREAS, Council find the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section l: The assessment roll attached to this Resolution is confirmed by the Council. Section 2: Assessments as identified. on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the General Fund. Section 3: Payment of Assessments: Assessments: A property Owner with assessments totaling: • $1,500.99 or less -- three equal annual installments • $1,SOlor more -- five equal annual installments When a property owner owns more than one lot in an improvement district, the total assessment of all the lots shall detei7nine the repayment schedule. Payment in. Installments: • Installments shall include interest at the rate of ten percent (10%) annually. • Installments shall be due on or before March 15 each year. • Pasnnents shall be delinquent if not received on or before the first business day after March 15 of each year. • Annual payments shall be in equal installments, including ten percent (l0%) interest. • Delinquent installments will be charged a penalty of ten percent (10%) on the entire installment with interest accruing at the rate of ten percent (10°ro} per year on the unpaid principal portion of the instalment. New Tent Underlined; (bELETED TEXT BRACKETED( -1- Resolution No. 2008-70 Page 2 of 2 Single Payment: Assessments may be paid in full without interest if received by March 1S, 2009. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Clf Approved by Finance:_.*s New Text Underlined; [DELETED TEXT BRACIfETED] -G- SHAM13®CK GIRGLE LID FIN AL ASSESSMENT 12~LL AN® CALGULATICN C?F AS-SltILT ASSESSMENTS 11 /26/01$. Unit Estimate Cost item Description Unit Quantity Cost Sub-Total Actual Asphalt 2" Ton 180 $ 100.00 $ 18,000.00 Crushed Aggregate Base Course Ton 350 $ 20.OG $ 7,000.00 Sur€ace Preparation LS 1 $ 2,500.D0 $ 2,500.00 Traffic Control LS 1 $ 500.00 $ 500.00 Adjust Sewer Clean-Out LS 1 $ 350.D0 $ 350.00 Adjust vVater Valve Box LS 1 $ 350.D0 $ 350.00 Sawcut Ex. Asphalt LS 1 $ 500.00 $ 500.00 Striping (Stop Bar) LS 1 $ 300.00 $ 300.00 Sub-Total $ 29,500.00 $24,561.40 Engineering @ 20% $ 5,900.00 $ 3,550.05 As-Built ASSESSMENTS Legal Description Owner Lot 1, Donnybrook-Shamrock* Gonzalez Lot 2, Donnybrook-Shamrock Eddens Lot 3, Donnybrook-Shamrock Wahl Let 4, Donnybrook-Shamrock Artrnan Lot 5, Donnybrook-Shamrock Calix Lot 6, Donnybrook-Shamrock Isaacs Lot 7, Donnybrook-Shamrock* Bogue Totats Lots Fronting Aliak Assessment Reduced 50% Contingency @ 15% $ 5,310.00 $ 844.20 Total $ 40,710.00 $ 28,955.65 Property City of Owner Kenai Share Share Total $ 1,206,49 $ 1,206.49 $ 2,412.98 $ 2,412.97 $ 2,412.97 $ 4,825.94 $ 2,412.97 $ 2,412.97 $ 4,825.94 $ 2,412.97 $ 2,412.97 $ 4,825.94 $ 2;412.97 $ 2,412.97 $ 4,825.94 $ 2,412.97 $ 2,412.97 $ 4,825.94 $ 1,206.49 $ 1,206.49 $ 2,412.98 $ 14,477.83 $ 14,477.83 $ 28,955.66 -3- November 28, 2008 RE: SHAMROCK CIRCLE SPECIAL ASSESSMENT DISTRICT -- FINAL ASSESSMENT ROLL/ Paroel(s) No. A public hearing will be held at 7:00 p.m. on December 17, 2008 in the Kenai City Council Chambers in the City Administration Building at 210 Fidalgo Avenue, Kenai, to hear objections to the final assessment roll on the Shamrock Circle Improvement Special Assessment District. Lots to be assessed are listed on the enclosed Final Assessment Roll. The final assessment rail is also on file in the office of the Kenai City Clerk. At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. KMC 16.10.160 provides, "The regularity pr validity of an assessment may not be contested by a person wkao did not file with the City Clerk a ~s~ri*.ten objectior. to the assessment Tali on or before its confirmation." Objections to the final assessment roll should be filed in writin¢ with the Citv Clerk. on or before December 17. 2008 {tne confirmation datel at 210 Fidaltro Avenue Kenai. 99611. or cfrea~ici.kenai.ak.us. Objections may also be voiced at the~ublic hearing The total amount of actual. assessments against properties which you own is shown in the Final Assessment Roll. It is the intention of the Finance Director to request the City Council to establish a three to five-year payment schedule with ten percent (10%} interest. Assessments less than $1,500.99 shall be repaid in three {3) equal annual installments and assessments greater than $1,50L00 shall be repaid in ten (10) equal annual. installments. The first annual installment would be due on March 15, 2009. As an inducement to pay earlier, the Council will be requested to accept payments in full with no interest if received by. March 15, 2009. CITY OF KENAI Carol L. Freas City Clerlt clf -4- Dec 17 08 09:1Ba Gary and Margie Bogue 1404 Diamond Street San Diego, CA 92109 (858) 272.9502 2akboguesCa)att.net December 17, 2008 Dear Ms. Freas, ~IItg~~ SEC 1 7 2008 KEN ~~` ~LE'IC known as 1717 Aliak (Lot 52402® olr Lote7t Donnybrook-Shamrock] in the Shamrock C cle Spec at pertY Assessment for paving. We lived on the Kenai Peninsula from 1976 until 1994. Except for a few years in Soldotna, we lived and owned real property in Kenai during that time period. Were it not far an aging parer-t here in San Diego, we would stilt be in Kenai. The purpose far purchasing the psopesty on Aliak is so we can ultimately move back to Kenai, along with our daughter and son•in•law. We purchased our property in late summer 2007, and the purchase price we paid was in part determined by the fact that the property was on an already-paved street. In our search for properties, we specifically did nat consider purchasing one on an unpaved street. Regardless of how os when Aliak was paved, when we purchased our properly it was on a paved street. The paving of Shamrock Circle in noway improves the accessibility or value of our property. We checked with the tax assessor's office, and we were told that the assessed value of a property in Kenai is in noway affected by whether the street is paved. The perceived value added by paving is not to the property itself, but to its accessibility. So the value of our property will not be improved by paving Shamrock Circle. Those property owners on Shamrock Circle acquired their properties when Shamrock Circle was an unpaved street. Therefore they will receive 100°!° of the benefit for Shamrock Circle beino paved, and should pav 100°!° of the cost of the imarovement. Including our property and Ms. Gonzalez' property (Lot 1 j in the assessment, simply because our lots are in the land subdivision, is completely arbitrary and unfair. There is no justifiable reason for the owners of Lot 1 and Lot 7 to be required to subsidize the accessibility of the properties of Lots 2 through 6. To include Lot 1 and Lot 7 in the assessment constitutes an error, or an inequality. We would like to formally request an amendment to the Shamrock Circle Special Assessment that excludes our property and Ms. Gonzalez' property from the final assessment roil. Thank you for your careful consideration in this matter. We are very fond of Kenai, and trust that fairness and justice will prevail. Please notify us If any further action on our part is required to object to or appeal the assessment. Respectfu ~~~~ Gary 8®gue Margie 8ogu p.2 ~" . ~~ ~~\ ;' ~/ OITY OF KENl4I RESOLUTION NO. 24018-71 Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON THE THOMPSON PARK, BEAVER CREEK ALASKA, MACK, VALHALLA HEIGHTS, AND SUNSET RIM SUBDIVISIONS STREET IMPROVEMENT SPECIAL ASSESSMENT DSSTRICT. WHEREAS, a public hearing has been held on the final assessment roll for the Shamrock Circle Improvement Special Assessment District; and, WHEREAS, Council find the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section l: The assessment roll attached to this Resolution is confirmed by the Council. Section 2: Assessments as identified on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the General Fund. Section 3: Payment of Assessments: Assessments: A property Owner with assessments totaling: • $3,500.99 or less -- five equal annual installments • $3,501.00 or more -- ten equal annual installments GVhen a property owner owns more than onelot in an improvement district, the total assessment of all the lots shall determine the repa}anent schedule. Payment in Installments: • Installments shall include interest at the rate of ten percent (10%) annually. • Installments shall be due on or before March I5 of each year. • Payments shall be delinquent if not received on or before the first business day after March IS of each year. • Annual payments shall be in equal installments, including ten percent (10%) interest. • Delinquent installments will be charged a penalty of ten percent (10°!0) on the entire installment with interest accruing at the rate of ten percent (10%} per year on the unpaid principal portion of the installment. New Text underlined; iI7ELETED'TEXT SkACKETEDI -5- Resolution No. 2008-71 Page 2 of 2 Single Pavment: Assessments may be paid in full without interest if received by March 15, 2009. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Clf Approved by Finance: New Text Uudertlned; (DELETED TEXT BL2ACIfETED] -6- ~~ zoos KENAI CITY OF 21D FIDALGO AVE STE 200 KENAI AK 99611 "c~'lfa9e wi t~t a Past ~e`t~ we"tl~ a Fr~tr~Ye •, 210 Fidalgo Avenue, Kenai, Alaska 9961.1-7794 Telephone: (907)283-7535! Fax:{907}283-3014 www.ci.kenai.ak.us RE: THOMPSOMPARK, SEAVER CREEHALA5KA. MACK, VALHALLA HEIGHTS, AND SUNSET RZM SUB'DIPISIONS STREET IMPROVEMENTS SPECIAL ASSESSMENT DISTRYCT •- FINAL ASSESSMENT ROLL ParceYNo. ~/fJRD/~fr//Oi~Dllo, 5~/DXIJ/fi" A public hearing will be held at ?:00 p.m. on December I7, 2008 in the Kenai City Council Chambers in the City Administration Building at 210 Fidalgo Avenue, Kenai, to heaz objections to the final assessment roll on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subditdsions Street Improvement Special Assessment District. Lnts to be assessed are listed on the enclosed Final Assessment Roll. The final assessment roll is also on file in the office of the Kenai Ciry Clerk. At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. KMC 16.10.160 provides; "Tlae regularity or validity of an assessment may not be contested by a person who did not fde with the City Clerk a written objection to the assessment roll on or before its confirmation." Obiections to the final esSessmPnr .-„n rh,.,,~,a ~a r.,e,a :...._:~__ ___~,_ The total amount of actual assessments against properties which you awn is shown in the enclosed Final Assessment Roll.. It is the intention of the Finance Director to request the City Council to establish a five to ten-year payment schedule with ter. percent (10%) interest. Assessments less than $3,500.99 shall be repaid in five (5) equal annual installments and assessments greater than $3,501.00 shall be repaid in ten {10) equal annual installments. The first annual installment would be due on March 15, 2009. As an inducement to pay earlier, the Council will be requested to accept payments in full with no interest if received by March 15, 2009. CITY OF KENAI C~Z~- Q~T7~,t~C--~_/ Carol L. 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I~h M1 1~ p• Q N NN N Y rnlo c>m tp O, r N rn m R m Ol O N M N M M1F QI O O OI OO O-: O tOV OIO O OO OHO OIO1 h M1 N N h h f~ I. ~mm m m m.mlm [O N N N N N N NIN NIN N N NjN N N m rn mlrn rn- m m l IN ^ 0 O O ! W m m NIN N R IP] IR,y _ ____ 'q' V' V' C _I ...~~~ < I T m m o op+ m m mil V V _ C C V _C V' V' ' V' ~f' V V-, `S V V P .~" ~ I_ I ~ ••• m o m V _V_' V 1 ~ N I~, e- e- c ,- I I m N m 1 N M. V Ip b h W pi O r'i^N N `~N:M M ~~y ~ N~ N M V MIM ffM - O F I 1 I I ~ ic M i ~~ ,, tIENA~ SNA Suggested by; Administration CITY OF IGENAI RESOLUTION NO. 2008-°72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A RESTAURANT CONCESSION AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, on October 31, 2008, the City of Kgn~ requested proposals *.o lease +ha airport terminal restaurant for a period five years; and, WHEREAS; two responsive Requests for Proposal were received an November 18; 2008, far the contract years January 1, 2009 through December 31, 2013; and, WHEREAS, the bid amounts received ware as follows: Bidder Roger & Liaada Petrey Staphen England and, Per Month $I, 706.25 $1, 205.00 WHEREAS, Roger and Linda Petrey submitted the highest responsible bid for the restaurant concession at the Kenai Municipal Airport; and, V~nIEREAS, the City Administration has determined this bid meets all requirements. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA the City Manager is authorized to enter into a restaurant concession agreement with Roger and Linda Petrey for the Kenai Municipal Airport for the period January 1, 2009 through December 31, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2008. ATTEST: Carol L. Frees, City Clerk PAT PORTER, MAYOR Approved by Finance: `~ .~-u,-L_ -13- f ~~(~ ..Ti Nlunicepat Aiwpa>rt ~~Jr2d'1/Wi.~~~'LP/~Y''~2Xlf~.t/ ~P. n 305 N. YYILLOW ST. SUITE 20D 6¢T1Al, ALASKA 9967'1 TIFJ.EPHONE ~7-?$'~7As1 EAX 907.2.833737 Ta: Rick. R. Koch -City Manager r~ , ~`` From: Mary L. Bondurant -Airport Mana~s,1~'G' Marilyn Kebschull - Planner!~~ ~~ ~ ~`, Earl Hicks -Operations Supervisr~ ~ Date: November 26, 2008 Subject: Recommendafiion - Airporf Gafe Concession The restaurant concession at the airport was advertised from October 31 to November 7, 2008. Six (6) interested parties picked up RFP packets with one party returning a packet. Two (2) cornpiete Regtaesis for Propvsak were received on Tuesday, Nover'nber 18. Proposals were reviewed and eva{uated for experience and qualifications, management and operation plans, customer service plans and the proposed annual rental rate. it is the recommendation of the selection committee that the Airport Restaurant Concession be awarded to Roger and Linda Petry. Ail RFP requirements were addressed; in connection with the offer they agree to pay a fee of $20,475.00 for each year of the agreement. They are proposing to open the restaurant on January 15t which will allow time for cleaning, painting, decorating, and setup of new equipment. www.ci.kenai.ak.us. ~t ~(~ ~ F ~~ ~~~ ~ ~0~' ~~- r~ -14- ~.~ ~'~' CITY OF KENAI KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION AGREEMENT ROGER PETREY and LINDA PETRY, individually (Concessionaire), P.O. Box 576, Alaska 99611, and the lessor CITY OF KENAI, a municipal corporation, organized and existing under the laws of the State of Alaska (City), 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611, hereby enter into this contract for restaurant concession services at the Kenai Airport, the term of which is January 1, 2009 December 31, 2013. INTRODUCTION A. The City owns and operates the Kenai Municipal Airport, located in Kenai, Alaska. B. In connection with the Airport, the City owns the Terminal. C. The City has determined that offering a Restaurant Concession Agreement by the competitive bid process is in the best interest of the City and the traveling public. D. The Concessionaire desires to operate the Restaurant Concession in the Terminal E. The City solicited competitive bids for the Restaurant Concession, and the Concessionaire was the successful bidder. ARTICLE I: DEFINITIONS The following definitions apply for this Agreement: A. Agreement: This Agreement, together with: 1. Certified Activity Report form (CAR} (Exhibit A) 2. Drawing of Airport Restaurant Space 8l8A (Exhibit B}; Restaurant Concession Agreement 12/17/2008 City Page 1 of 28 Concessionaire Concessionaire 3. List of city-owned equipment in the restaurant (Exhibit C); 4. Restaurant Safety & Maintenance List (Exhibit D); 5. Successful Proposal (Exhibit E): and 6. All future amendments or supplements executed by the parties to this Agreement. B. Agreement Year: This Agreement includes the following five agreement periods: 1. January 1, 2009 through December 31, 2009 2. January 1, 2010 through December 31, 2010 3. January 1, 2011 through December 31, 2011 4. January 1, 2012 through December 31, 2012 5. January 1, 2013 through December 31, 2013 C. Airport: The real property and facilities of the Kenai Municipal Airport, 305 N. Willow, Kenai, Alaska, as they exist on the execution date of this Agreement, together with any future additions or expansions. D. Airport Manager: The City's designated manager at Kenai Municipal Airport acting directly or through a duly authorized representative. E. Certified Activity Report: A report that lists the Gross Sales generated by the Restaurant Concession during the calendar month for which payment is made. The format of the Certified Activity Report is specified in Exhibit A. F. Concessionaire: The successful bidder for this Restaurant Concession Agreement, who enters into this Agreement, or any other subsequent Concessionaire as provided under Article XXI (Assignment or Subletting) of this Agreement. G. Disadvantaged Business Enterprise (DBEI: A business certified by the City of Kenai or the State of Alaska, as a disadvantaged business enterprise as defined in 49 CFR, Part 23. H. Entertainment Device: A mechanical or electronic device, video game, or similar item used for personal entertainment in a public place. Manager: That person described in Article VII and having authority to act for the Concessionaire. J. Premises: The floor space leased to the Concessionaire for the uses authorized under this Agreement is as shown below (also see Exhibit B): Restaurant Concession Agreement 12/17/2008 City Page 2 of 28 Concessionaire- Concessionaire The premises known as the restaurant area of the Kenai Municipal Terminal within the Northwest Quarter (NW '/<) of the Southeast Quarter (SE '/4), Section 32, Township 6 North, Range 11 West, Seward Meridian, in the Kenai Recording District, Third Judicial District, State of Alaska. And K. Term: The period of time specified under Article II of this Agreement. L. Terminal: The City of Kenai passenger terminal building at the Airport. M. Vendino Machine: Acoin-operated device for selling nonalcoholic beverages or food items. ARTICLE II: TERM A. Term: This Agreement is effective on the date it is signed on behalf of the City. The City grants the Concessionaire the rights listed in Article III beginning at 12:01 a.m., January 1, 2009 and ending at 12:00 midnight on December 31, 2013, with a possible 5-year extension if the concessionaire is, or during the first four years of the contract becomes, a State Certified DBE, and the FAA agrees to the extension, and said extension is mutually agreeable to both parties. Shorter extensions may be granted to non-DBE's if mutually agreeable and approved by the FAA. B. Holding Over: If the Concessionaire holds over without a written renewal of this Agreement after it expires, the holding over does not operate as a renewal or extension of the rights granted under this Agreement, but only creates amonth-to- month tenancy, regardless of any payment the City accepts. The Concessionaire's obligations to perform under this Agreement will continue until the City terminates the month-to-month tenancy. The City may terminate the holdover tenancy at any time by giving the Concessionaire at least 10 days' written notice. The monthly payment for any holdover period is the monthly rental fee. ARTICLE III: RIGHTS GRANTED RESERVATIONS AND PROHIBITIONS Subject to the rights and obligations under this Agreement, the City grants the Concessionaire the authority to exercise the following rights: A. Non-Exclusive Rights: The City grants the Concessionaire the following non- exclusive rights: 1. To prepare, serve, or sell food and beverage items, except vending machines. Restaurant Concession Agreement 12/17/2008 City Page 3 of 28 Concessionaire_ Concessionaire 2. To provide in-flight meal service for airline crews and passengers. 3. To provide delayed-flight meal service inside aircraft parked at the Terminal. 4. To prepare, serve, and sell food and nonalcoholic beverages to customers on the Airport other than in the Terminal or off the Airport. 5. To install and operate Entertainment Devices on the premises when approved in writing by the Airport Manager. B. General Rights: The City grants the Concessionaire the following general rights: 1. To ingress, egress, and occupy the premises by the Concessionaire, its officers, contractors, suppliers, service personnel, guests, patrons, and invitees, subject to the security rules of the Airport. 2. To construct and install fixtures, equipment, and other improvements necessary to operate the concession: subject to the prior written approval of the City (Article X of this Agreement). C. Reservations: The City reserves the following rights: 1. To authorize airlines to provide Restaurant service in airline VIP rooms. 2. To grant others any right or privilege not specifically and exclusively granted to the Concessionaire. 3. To allow airlines to provide complementary coffee and snacks during hours when food and beverage service provided under this agreement is not available. 4. The rights and privileges granted the Concessionaire under this Agreement is the only rights and privileges granted the Concessionaire. The Concessionaire has no easements, rights, or privileges, expressed or implied, other than those specifically granted under this Agreement. D. Prohibitions: This Agreement prohibits the Concessionaire from the following: 1. To provide any service or product not described in this Agreement without the prior written consent of the City. If a question or dispute arises concerning the sale of any service or product, the Concessionaire may submit a written request to the City asking for a review and decision concerning the dispute. Restaurant Concession Agreement 12/17/2008 City Page 4 of 28 Concessionaire_ Concessionaire The City will deliver a written decision to the Concessionaire, and the decision of the City is final. 2. To sell any item or service for which the City has granted exclusive concession rights to others. 3. To divert any business or cause or allow by its own actions any business to be diverted from the Airport. E. Hours/Days of Operation: The Concessionaire will be open for business with the hours of operations outlined in their proposal and attached as exhibit E. The airport manager must approve changes to hours of operation, in writing. If the concessionaire requests to operate for fewer hours then the City shall have the option of advertising for proposals and negotiating a new contract and terminating the existing contract if it is in the best interest of the City. F. Emergency Closures: The City recognizes that emergencies may occur that are beyond the control of the concessionaire. If an emergency arises that requires an unexpected closure then the Concessionaire will notify the Airport Manager of the circumstances in writing. If excessive closures occur, the City shall have the option of terminating this contract. G. Closure for Repairs: The parties recognize that major repairs of the building. may occur during the life of this contract. The City reserves the right to cause interruptions to the utilities and other amenities as necessary to conduct normal repairs. If such interruptions are minimal and notification of such work is provided the concessionaire then the City is not held liable for lost revenue. If the interruption lasts more that one working daythen appropriate adjustments will be made to the rent. ARTICLE IV: PREMISES A. The City will deliver the premises to the Concessionaire at 12:01 a.m. on January 1, 2009. The Concessionaire accepts the premises in its then-present condition and as is. The Concessionaire acknowledges that the City's obligation is limited to making the premises available to the Concessionaire for its use. ARTICLE V: FEES AND PAYMENTS A. Rental Fees: For the rights and privileges granted under this Agreement, the Concessionaire will pay the City a monthly fee of $ 1,706.25 plus applicable sales tax. Restaurant Concession Agreement 12117!2008 City _ Page 5 of 28 Concessionaire_ Concessionaire B. Timely pavment: Fees are due on the 1St and delinquent after the due date. Time is of the essence in meeting these requirements and the City will impose interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. The Concessionaire will make all payments using instruments denominated in United States of America currency. Each pavment specified in B above must be followed with a Certified Activity Report (CAR) that shows the Concessionaire's gross sales during the calendar month for which pavment is made. The Certified Activity Report (CAR) must be submitted to the Airport Manager's Office by the 15th of each month for the previous month. The Concessionaire will submit each CAR in the format shown in Exhibit A. Each CAR must separately itemize the Concessionaire's gross sales for the following: a) Food and nonalcoholic beverage sales in the Terminal; b} Entertainment devices; c) Gross sales attributed to a Disadvantaged Business Enterprise. 2. Gross sales numbers are confidential to the extent allowed by law. Payments must be submitted to City of Kenai, Finance Department, 210 Fidalgo, Kenai, AK 99611. 4. The Concessionaire will make its payments free from any claim, demand, setoff, or counterclaim of any kind against the City, and will make its payments in cash or by check, bank draft; or money order payable to the City of Kenai. C. Waiver of Monthly Rental: 1. The City will waive the monthly rent if any of the following events occur: a. Any event, not the fault of the Concessionaire that so damages the Terminal and prevents the normal operation of the Concessionaire's business for more than 30 consecutive days. If the normal operation of the Concessionaire's business is prevented for more than 30 consecutive days, this. waiver is effective from the first day following the period of 30 consecutive days and will continue until normal operations can resume. b. Complete closure of the Airport to the commercial air transport of passengers for more than 30 consecutive days. If complete closure of the Airport exceeds 30 consecutive days, this waiver will be effective from the first day following the period of 30 consecutive days and will Restaurant Concession Agreement 12/17!2008 City Page 6 of 28 Concessionaire- Concessionaire continue until the Airport is reopened to the commercial air transport of passengers. 2. For the purposes of this Section, if the waiver period does not fall on the first or last day of the month, the minimum rent may be prorated on a daily basis to determine the Concessionaire's correct monthly fee. 3. At its discretion, the City will either credit any overpayment resulting from a waiver toward future .payments due the City or refund the overpayment to the Concessionaire. D. Fees Vest in the City: Whether for cash or credit, the fees due the City for the services the Concessionaire is authorized to provide under this Agreement immediately vest in and become the property of the City. The Concessionaire is responsible for those fees until delivered to the City. E. Unpaid Fees: Any rent, charge, fee, or other consideration due but unpaid at the expiration or voluntary or involuntary termination or cancellation of this Agreement is a charge against the Concessionaire and its property, real or personal, and the City has any lien rights allowed by law. Either the City or its authorized agent may provide enforcement. F. Proposal Deposit: The City will cash the Concessionaire's proposal deposit and apply the funds to the fees due the City beginning with the first payment required under this Agreement. G. Closure Fees: Concessionaire shall be open 12 hours aday/6 days a week. The City may require the Concessionaire to pay a penalty of $100 per week for any week the Concessionaire is not open a minimum 72-hours unless the City authorizes in writing a reduction of hours for that week. This penalty will be in addition to normal fees due the City under this concession agreement ARTICLE VI: DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION DISADVANTAGED BUSINESS ENTERPRISES (DBE's): The City of Kenai's policy is to ensure that DBE's have the maximum opportunity to participate in the performance of Airport concession contracts. (a) Concessionaire's obligation: The Concessionaire will ensure that DBE's have the maximum opportunity to participate in the performance of this agreement. Restaurant Concession Agreement 12/17/2008 City Page 7 of 28 Concessionaire_ Concessionaire This agreement is subject to the requirements of the United State Department of Transportation's regulations, 49 CFR, Part 23, Subpart F. The Concessionaire-Agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR, Part 23, Subpart F. The Concessionaire agrees to include the above statements in any subsequent concession arrangements that it enters and cause those businesses to similarly include the statements in further agreements. The Concessionaire will comply with all applicable laws and .regulations regarding the fair and equitable treatment of DBEs now in effect or which may subsequently take effect during this Agreement. The Concessionaire will include a provision to this effect in any subcontract or other arrangement for DBE participation entered into under this Agreement. ARTICLE VII: PERSONNEL The Concessionaire will maintair an adequate staff with the experience necessay to meet the provisions of this Agreement. A. Manager: The Concessionaire will select and properly train a Manager responsible for the general day-to-day operations under this Agreement. The Manager must reside in the Kenai area and be ordinarily available during regular business hours. At ail times during the Manager's absence, a responsible subordihate must be in charge and available. B. Other Personnel: The Concessionaire's personnel will meet the standards set forth in this Agreement and will conduct the Concessionaire's operations in accordance with the standards set forth in Article IX of this Agreement. ARTICLE VIII: OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS A. City-owned Equipment: The City holds title to certain restaurant equipment that is located on the premises and is listed on Exhibit C. B. Concessionaire-owned Equipment 1. Title to afl Concessionaire-owned personal property, trade fixtures, equipment, furniture, vending machines, and entertainment devices remains vested in the Concessionaire. Restaurant Concession Agreement 12/17/2008 City _ Page 8 of 28 Concessionaire- Concessionaire 2. Entertainment Devices: The City will approve the locations, maximum number, and kinds of entertainment devices it will allow on the premises. The Concessionaire will relocate or remove any Entertainment Device at its sole expense when requested to do so by the City. C. Ownership of Permanent Improvements On expiration, cancellation, or termination of this Agreement, title to any structural or other improvements that the Concessionaire cannot, in the City's determination, remove without damage to the premises vests in the City. These improvements include interior walls, ceilings, carpeting, finished flooring, electrical wiring, air-conditioning ducts and equipment, and all interior decorations and finishing erected or installed by the Concessionaire. ARTICLE IX: SERVICE AND OPERATION The Concessionaire's operation under this Agreement is a service to terminal employees; the traveling public and other users of the Airport. The Goncessionaire will operate its Concession in accordance with the highest standards and practices of the food and beverage industry. The Concessionaire will take all reasonable measures to maintain, develop, and increase its business within the Terminal. Accordingly, the Concessionaire will provide service in afirst-class, businesslike, efficient, courteous, accommodating manner and will comply with the following: A. Service Quality: The Concessionaire will provide terminal employees and the traveling public and other users of the Airport with high-quality service and products. B. Orderly Operation: The Concessionaire will conduct all business in a quiet, orderly, and courteous manner, so as not to annoy, disturb, or offend customers, patrons, or tenants of the Airport. C. Health Standards and Facilities' Cleanliness 1. The Concessionaire will comply with all established health standards as monitored by the local governmental health department. 2. Within five (5) days of any health standards inspection, the Concessionaire will provide the City with a copy of the inspection report. 3. The Concessionaire will have an ongoing cleaning program for both the public and non-public areas within the premises. The program will include Restaurant Concession Agreement 12/17/2008 City _ Page 9 of 28 Goncessionaire_ Concessionaire cleaning of carpets, floors, equipment, trade fixtures, furniture, entertainment devices, vents, and service areas. D. Standard of Conduct for Emoloyees: The Concessionaire will maintain a standard of conduct for its employees that include the following: 1. Employees must be well groomed and maintain a pleasant attitude toward the public. 2. Employees may not display their grievances in public, use improper language or conduct, or drink any alcoholic beverage while on duty or in uniform. E. Janitorial and Cleaning Services: The Concessionaire will provide, at its own expense, the day-to-day janitorial and cleaning services and supplies necessary to maintain the premises except for those services provided by the City under Article XI of this Agreement. The Concessionaire will maintain the premises in a clean, neat, and sanitary condition. F. Trash, Garbage, and Refuse: The Concessionaire. will provide for the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of the Concessionaire's operations. The Concessionaire will coordinate a schedule and procedure of trash removal with the City. The Concessionaire will provide and use suitably covered or sealed receptacles for all garbage, trash, and other refuse from its operations inside the Terminal. G. Security: The Concessionaire will adhere to all applicable responsibilities of the federal airport security program set out in Federal Aviation Regulations Part 107 and the Airport Master Security Program. The Concessionaire will procure any required identification badges necessary to access the premises or the Concessionaire`s operations authorized under this Agreement. Any fine that results from a violation of the federal airport security program by the Concessionaire, its agents, officers, suppliers, sub lessees, vendors, guests, customers, or employees, whether on or off the premises, that is found by the Federal Aviation Administration or the City to be the fault of the Concessionaire will be the sole responsibility of the Concessionaire. If the City pays any such fine to meet the Federal Aviation Administration deadlines,. the Concessionaire will reimburse the City within 30 days after written notice by the City. The Concessionaire will coordinate any Airport security matter with the City. H. Smoking: Neither the Concessionaire, employees, or customers may smoke in the Terminal except in designated smoking areas. Restaurant Concession Agreement 12/17/2008 City Page 10 of 28 Concessionaire_ Concessionaire Complaints, Questions or Concerns: The City will forward to the Concessionaire for response any complaints, questions, or concerns regarding the Concessionaire's operations. The City reserves the right to address and resolve any problems arising out of the Concessionaire's operations. J. SipnS: The Concessionaire may, after consent by the Airport Manager, install signs at its premises identifying its business. The Concessionaire will request the City's advance written approval through the City's building permit process (Article X, Section B of this Agreement) before installation of any signage. The City will approve or disapprove the names selected for the restaurant. ARTICLE X: MAINTENANCE AND CONSTRUCTION ON THE PREMISES A. Maintenance 1. The Concessionaire will, at its sole expense: a. Maintain the premises, furniture, trade fixtures, equipment, and Entertainment Devices in good repair and appearance and in a safe condition at all times. A Restaurant Safety & Maintenance List, Exhibit E, will be strictly monitored and enforced by the City. b. Do or cause to be done without delay all those things which in the determination of the City are necessary or desirable in the interest of safety or to maintain the premises, furniture, trade fixtures, equipment, and Entertainment Devises in good repair and appearance. c. Make necessary repairs, structural or otherwise, including doors, entrances, signs, floor coverings, interior walls, ceiling, counters, and cupboards. d. Repair and paint the walls as their condition may require so that the premises are maintained in a first-class condition. e. Pay for damage to the facilities of any other Airport tenant or the City caused by the Concessionaire's lack of adequate maintenance of any equipment, fixture, or system installed by the Concessionaire. f. That NO sticker-type wall hangers will be used in the leased premises. NO decals, wall paper, self-stick mirrors or contact paper are allowed. Concessionaire agrees that if Concessionaire desires to affix pictures, posters, etc., they may do so only to the walls of the leased premises and only by using small pins or small hang-type nails. Concessionaire Restaurant Concession Agreement 12/17/2008 City _ Page 11 of 28 Concessionaire_ Concessionaire understands that use of sticker-type wall or tape hangers will cause damage to the leased premises, and this is why the Gity forbids the use of sticker-type wall hangers. There is a ten ($10.00) dollar charge per piece of tape. Nail holes beyond normal wear and tear will be charged twenty-five ($25.00} dollars per nail hole for repair. There are products available to hang posters without damaging walls. If a nail hole or tape mark is found on a door, the entire door will be replaced at Concessionaire's expense. NOTE: If any person tries to repair their walls and does not do it correctly (EXAMPLE: toothpaste to fill a nail hole) there will be an additional $20.00 per nail hole or tape mark. 2. The City may require the Concessionaire to perform necessary repairs to the premises; furniture, trade fixtures, equipment, and vending machines, and entertainment devises at the Concessionaire's own expense. 3. If, after 30 days following notice, or in shorter periods if an emergency exists, the Concessionaire fails or refuses to perform any action required by this Agreement, the City has the right, but not the obligation, to perform any or all actions required by this Agreement at the sole expense of the Concessionaire. The City will not take action if the Concessionaire begins and continues expeditious action to perform any action required by this Agreement that cannot be reasonably completed within 30 days. If the City performs any action required of the Concessionaire, the Concessionaire will reimburse the City within 30 days from the date of billing. B. Terminal Buildino Permit Process: 1. The Concessionaire may not make repairs or alter the premises without first obtaining the City's prior written consent through the building permit process. The Concessionaire will complete a Terminal Building Permit Application form obtained from the City. Repairing and altering the premises include the following: a. Installation, maintenance, repair, or removal of trade fixtures, equipment, entertainment devices, locks, antennae, counters, shelving, signs, posters, telephone lines, data circuits, floor coverings, wall coverings, painting, electrical, plumbing, and refrigeration work; and b. Any other repair or alteration that the City deems necessary to be approved through the building permit process. 2. The City may withhold its approval if the Concessionaire is in violation of any requirement under this Agreement. Restaurant Concession Agreement 12/17/2008 City Page 12 of 28 Concessionaire_ Concessionaire 3. The Concessionaire will make all repairs and alterations to the premises at its own expense. The City has the right to approve the final repair or alteration. C. General Construction Reouirements 1. Any alteration, repair, construction, or improvement performed by the Concessionaire will be neat, presentable, and compatible with the architecture of the Terminal, as determined by the City, and performed at no cost to the City. 2. The Concessionaire will deliver detailed as built drawings to the City within 30 days after completion of any permanent .improvement. The as built drawings must show the location and dimensions of any permanent improvement made by the Concessionaire. ARTICLE XL CITY SERVICES A. City Services 1. The City will perform the following services: a. Maintain the structure of the Terminal, the roof, and exterior walls. b. Agrees to pay all commercially reasonable public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises. c. Wash the outside of all exterior Terminal windows as well as clean and maintain the public areas in the Terminal d. Maintain the Terminal's existing and future utility systems in good condition and repair. Utility systems include systems to supply heat, electricity, water, sewage disposal, fire alarm, fire protection, sprinkler, air conditioning, and telecommunications services. The City has the right to maintain lines, pipes, mains, wire, conduits, and equipment connected with or appurtenant to any system. However, the City may refuse to maintain any system installed by the Concessionaire and may charge the Concessionaire for any repair necessary due to negligence by the Concessionaire during any such installation or as the result of any such installation. 2. The City will invoice the Concessionaire and the Concessionaire will pay for any extraordinary lighting, power, utility bills, or cleaning services used by the Restaurant Concession Agreement 12(17!2008 City _ Page 13 of 28 Concessionaire Concessionaire Concessionaire that, in the determination of the City, are beyond the scope of normal services provided by the City. B. Hold Harmless: The Concessionaire will waive any claim and hold the City harmless for damages from any failure or interruption of utility or other service furnished by the City, including failure or interruption of electrical energy, space heating or cooling, or any public or passenger convenience. In addition, the City may make any repair or alteration necessary for the proper functioning of the Terminal without liability to the Concessionaire for any damages. ARTICLE XII: CITY'S RIGHTS OF INSPECTION AND ACCESS A. Inspection: The City, by its. officers, employees, agents, representatives, and contractors, may at any reasonable time enter the premises to inspect or observe the Concessionaire's performance of its obligations under this Agreement, or to take any action that the City is obligated to take under this Agreement or otherwise. The Concessionaire will neither claim nor does the City allow an abatement of fees if the Gity exercises this right. Except in an emergency, the City will coordinate all inspectioris with the Concessionaire to minimize interference with the Concessionaire's activity on the premises. B. Access: 1. The Concessionaire will assure the City of emergency access to the premises by providing emergency telephone numbers by which the Concessionaire or the Concessionaire's Manager may be reached on a 24-hour basis. 2. Without limiting the generality of the foregoing, the City, by its officers, employees, agents, representatives, and contractors, has the right to maintain the existing and future utility systems or portions of them on the premises as listed in Article XIII of this Agreement. The City has the right to enter the premises at any reasonable time to make repairs, alterations, or replacements that are, in the determination of the City, necessary or advisable, and, from time to time, to construct or install over, in, or through the premises new lines, pipes, mains, wires, conduits, and equipment. Any repair, alteration, replacement, or construction will not unreasonably interfere with the use of the premises by the Concessionaire, and nothing in this Article may be construed to relieve the Concessionaire of any obligation to maintain the premises and improvements. Restaurant Concession Agreement 12/17/2008 City _ Page 14 of 28 Concessionaire Concessionaire 3. At any time during ordinary business hours within the 12 months preceding expiration of this Agreement, the City has the right to enter the premises to measure, photograph, show, and view all parts of the premises. ARTICLE XIIP: ADDITION OR REDUCTION IN SRACE If the Concessionaire requests additional terminal space and the City determines that suitable space is available and needed, the City may lease the additional space subject to the requirements of law concerning leasing of Airport Terminal space. ARTICLE XIV: CITY-DIRECTED RELOCATION The Concessionaire acknowledges that the City may require the relocation of the premises, in whole or in part, if the City determines that relocation is necessary to meet the needs of the traveling public or the City. If the City requires relocation of the premises, the following applies: A. City's Responsibilities: The City, at its sole expense, wil! provide the new space with interior permanent improvements including floors, ceiling, carpeting, lighting, electricity, wall finishes, heating and cooling, ventilation, and permanent fixtures similar to those in the premises. B. Concessionaire's Responsibilities 1. The Concessionaire, at its sole expense, will relocate all nonpermanent fixtures, furnishings, and equipment from the premises; provide any additional fixtures, furnishings, and equipment that the Concessionaire finds necessary or desirable to fully use the new lease space; and vacate and surrender the former lease space to the City when the new space is completed. Concessionaire will continue to be liable for rental fees and payments as provided in Article V. 2. .The City and the Concessionaire will perform their respective obligations in an expeditious manner, excluding any delay that is beyond the control of either party. The new lease space will have a floor area similar in size to the area being vacated by the Concessionaire. The City will make every reasonable effort to ensure that the new lease space will provide access and exposure to passenger traffic similar to that of the former lease space. However, the City will not be responsible for any financial losses that the Concessionaire may incur due to relocation under this Article unless the losses are the result of a breach by the City of its obligations under this Article. Restaurant Concession Agreement 12/17/2008 City Page 15 of 28 Concessionaire_ Concessionaire ARTICLE XV: LAWS AND TAXES This Agreement is subject to all City of Kenai laws and regulations, including those relating to leasing facilities and granting privileges at city airports. A. Laws 1. At no expense to the City, the Concessionaire will comply with all federal, City, and local laws, ordinances, regulations, and Airport rules that are either now or in the future in force that may apply to the business authorized under this Agreement, or to the use, care, operation, maintenance, and protection of the Airport, including matters of health, safety, sanitation, and pollution. The City is neither liable to the Concessionaire for any diminution or deprivation of the Concessionaire's rights due to the exercise of any authority, nor is the Concessionaire entitled to terminate the whole or any portion of this Agreement by reason of the City's exercise of any authority. 2. The Concessionaire will comply with all City and federal regulations .governing hazardous substances, including hazardous wastes, and will comply with all instructions of the City with regard to environmental concerns and requirements, regardless of whether based on specific law, regulation, or order of any governmental authority. In addition, the Concessionaire assumes responsibility for any spill of oil, oil-based substance, or hazardous substance attributable to its operation under this Agreement. With respect to any such occurrence, the Concessionaire will indemnify, defend, save, and hold the City and its employees harmless from any loss, claim, suit, or judgment. 3. The Concessionaire will properly handle its spills of hazardous substances. The Concessionaire will immediately notify the City of any spill that occurs on the Airport, as well as the action taken, while performing under this Agreement. The Concessionaire will forward copies of any written spill reports and reports regarding action taken to the City as soon as they are available. B. Taxes: The Concessionaire will obtain all necessary licenses, permits, pay all taxes and special assessments lawfully imposed on its business, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. C. Disputes: In any dispute between the parties, the Taws of the State of Alaska will govern and any lawsuit must be brought before the courts of the State of Alaska. Restaurant Concession Agreement 12/17/2008 City Page 16 of 28 Concessionaire_ Concessionaire D. Claims: Concessionaire will notify the City df any claim, demand, or lawsuit arising out of the rights granted to the Concessionaire under this Agreement. At the City's request, the Concessionaire will cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit that affects the rights granted the Concessionaire under this Agreement. ARTICLE XVI: DEFENSE OR ENFORCEMENT OF AGREEMENT The Concessionaire will pay all reasonable actual expenses, costs, and attorney fees the City may incur, with or without formal action, to enforce, defend, or protect this Agreement or the City's rights under this Agreement, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Concessionaire, the Agreement, the premises, improvements, or property on the premises. The Concessionaire will make payment within 30 days of the date of each notice from the City of any amounts payable under this Article. Any amount not timely paid under this Article will constitute a default of the Agreement and will accrue interest from the date of the notice as provided in Article V of this Agreement. ARTICLE XVII: INDEMNIFICATION AND INSURANCE A. Indemnification 1. The Concessionaire will indemnify, defend, and hold the City, its agents, officers, and employees harmless from any liability, action, claim, suit, or loss for property damage or personal injury of whatever kind resulting from or arising out of any act or omission by the Concessionaire or the Concessionaire's agents, employees, or clients or arising from or connected with the Concessionaire's rights and privileges granted under this Agreement. 2. In any litigation brought by a third party against the City or the Concessionaire that specifically challenges the rights granted in Article III, the Concessionaire would assume the responsibility to defend the City and the Concessionaire unless the City elects to defend itself. The City will assist in the defense of the rights granted. The City is not required to indemnify the Concessionaire for any attorney fees the Concessionaire incurs to defend the City. B. Insurance 1. The Concessionaire will, throughout the term of this Agreement and at its own expense, secure and keep in force adequate insurance, as stated below, to protect the City and the Concessionaire. Where specific limits are Restaurant Concession Agreement 12/17/2008 City _ Page 17 of 28 Concessionaire Concessionaire stated they are the minimum acceptable limits. If the Concessionaire's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. a. Comprehensive genera! liability insurance with coverage limits nat less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence where generally applicable,. including in-Terminal operations, independent contractors, products, and completed operations, broad-form property damage, blanket contractual, and personal injury endorsements. b. Worker's Compensation insurance with coverage for all employees engaged in work under this Agreement as required by AS 23.30.045. The Concessionaire is responsible for Worker's Compensation insurance for any subcontractor who directly or indirectly provides services under this Agreement. c. Comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. 2. All insurance required by this Article must meet the following requirements: a. For comprehensive general liability insurance, name the City additionally insured. b. For worker's compensation insurance, general liability and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of subrogation against the City for payments made under the policy. c. Provide the City notification at least 20 days before any termination, cancellation; or material change in insurance coverage. d. All policies will be by a company/corporation currently rated "A-°or better by A.M. Best. C. Evidence of Insurance Coverage 1. The Concessionaire will submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. Restaurant Concession Agreement 12/17/2008 City Page 18 of 28 Concessionaire- Concessionaire 2. Evidence of insurance coverage must be submitted to the City by January 1, 2009. The effective date of the insurance will be no later than January 1, 2009. D. Obligation: The indemnification and insurance-coverage requirements stated in Sections A and B above do not relieve the Concessionaire of any other obligation under this Agreement. E. Increase or Revision: The City may increase the amount or revise the type of required insurance on written demand without requiring amendment to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, the Concessionaire will submit to the City evidence of insurance coverage that meets the requirements of the City. ARTICLE XVIII: CANCELLATION BY CITY A. Breach of Agreement 1. The City may cancel this Agreement and recover possession of the premises by giving the Concessionaire 30 days' advance written notice from the postmark date of the written notice if any of the following events occur and the breach is not cured within the above-specified 30 days: a. The Concessionaire fails to pay when due any rent, fee, penalty, or other charge specified under this Agreement. b. A check for any payment to the City is returned for insufficient funds. c. The Concessionaire uses the premises for purposes not authorized under this Agreement. d. A petition in bankruptcy is filed by or against the Concessionaire. e. A court enters a judgment of insolvency against the Concessionaire. f. A trustee or receiver is appointed for the Concessionaire's assets in a proceeding brought by or against the Concessionaire. g. Alien is filed against the premises because of any act or omission of the Concessionaire and the lien is not removed, enjoined, or a bond of satisfaction of the lien is not posted within 60 days. Restaurant Concession Agreement 12/17/2008 City Page 19 of 28 Concessionaire_ Concessionaire h. The Concessionaire fails to operate the business authorized under this Agreement for a period of more than seven consecutive calendar days without the City's prior written approval. The cessation ar deterioration of any service for any period, which, in the determination of the .City, materially and adversely affects the service the Concessionaire, is required to perform under this Agreement. j. The Concessionaire fails to perform any provision or covenant under this Agreement. 2. In the case of a breach, which is not reasonably curable within 30 days, a cancellation notice under this Article may be stayed by the City if the Concessionaire begins and continues expeditious acfion to cure the breach within the 30-day notice period. The determination of "expeditious action" and "not reasonably curable" is at the City's sole discretion. B. City's Right of Reentry: As an additional remedy, on giving written notice of cancellation or termination, the City may reenter any part of the premises on the effective date of cancellation or termination without further notice of any kind, remove any persons or property, and regain and resume possession with or without the institution of summary or legal proceedings or otherwise. Any reentry, however, will not in any manner affect, alter, or diminish any obligation of the Concessionaire under this Agreement. C. Additional Rights of the City 1. On termination or cancellation of this Agreement or on reentry, the City may regain or resume possession of the premises, may occupy the premises, and may permit any person, firm, or corporation to enter on and use the premises. Others may occupy any part of the premises or the entire premises or a part of the premises together with other space for the time remaining under this Agreement, and on terms and conditions the same as or different than those set forth under this Agreement. 2. The City also has the right to repair or to make any structural or other change in the premises that is necessary, in the City's sole judgment, to maintain the suitability of the premises for the uses and purposes similar to those granted under this Agreement without affecting, altering, or diminishing the obligations of the Concessionaire under this Agreement. The City will charge, and the Concessionaire will pay to the City within 30 days of billing, the cost of these repairs. Restaurant Concession Agreement 12/17/2008 City Page 20 of 28 Concessionaire- Concessionaire D. Survival of Concessionaire's Obligations: 1. If the City cancels or terminates this Agreement, all of the Concessionaire's obligations under this Agreement will survive in full force for the entire term of this Agreement. Subject to the City`s obligatioh to mitigate damages, the fees and charges become due and payable to the City to the same extenf, at the same time, and in the same manner as if no termination or cancellation had occurred. The City may maintain separate actions to recover any monies then due, or at its option and at any time, may sue to recover the full deficiency. 2. The amount of damages for the time subsequent to termination or cancellation will be the sum of the following: a. Title to all improvements as provided in Article IX, Section C of this Agreement. b. The total monthly rental obligation that would have been paid by the Concessionaire during the balance of the Term of this Agreement if no termination or cancellation had occurred. However, the amount will be offset by any fees or charges received by the City from a succeeding concessionaire. E. Waiver of Redemption and Damages 1. The Concessionaire waives any right of redemption granted by or under any present or future law or statute if the Concessionaire is dispossessed for any cause, or if the City obtains or retains possession of the premises in any lawful manner. 2. The Concessionaire acknowledges that if it is necessary for the City to gain possession of the premises, the total amount of damages to which the Concessionaire is entitled is the sum of ONE DOLLAR ($1.00). The Concessionaire also acknowledges that this provision may be filed in any action as its stipulation fixing the amount of damages to which it is entitled. F. Surrender of Possession 1. The Concessionaire will yield possession of the premises to the City on the date of the termination, cancellation, or normal expiration of this Agreement promptly, peaceably, quietly, and in as good order and condition as the same now or later improved by the Concessionaire or the City, reasonable use and wear-and-tear accepted. Restaurant Concession Agreement 12/17/2008 City Page 21 of 28 Concessionaire Concessionaire 2. The Concessionaire will be allowed a maximum of three calendar days after the effective date of the expiration of this Agreement to remove all of its personal property, equipment, furniture, trade fixtures, and Entertainment Devices from the premises and from the Terminal subject to the previsions of Article VIII, Section C of this Agreement. The Concessionaire and the City agree, as part of the consideration for this Agreement, that all property remaining on the premises after these three calendar days will become the sole property of the City, with full title vested in the City, and the City may remove, modify, sell, or destroy the property as it sees fit. The Concessionaire will reimburse the City for any cost the City incurs in removing and disposing of the property. ARTICLE XIX: CANCELLATION BY CONCESSIONAIRE The Concessionaire may cancel this Agreement by giving the City advance written notice of ten (10) days if any of the following events occur: A. The permanent abandonment of the Airport by all passenger airlines or the removal of all passenger airline service from the Airport for a period of at least 90 consecutive days. B. The lawful assumption by the United States government, or its authorized agent, of the operation, control, or use of the Airport, or any substantial part of the Airport, that restricts the Concessionaire from operating its business under this Agreement for a period of at least 90 consecutive days. C. A court of competent jurisdiction issues an injunction that prevents or restrains the use of the Airport by all airlines provided the injunction remains in force for at least 90 consecutive days. ARTICLE XX: CANCELLATION BY CONCESSIONAIRE Subsequent Agreement Award: The Concessionaire acknowledges that on the expiration, cancellation, or termination of this Agreement, the City may award any subsequent concession agreement by any legal means then available to the City. ARTICLE XXI: ASSIGNMENT OR SUBLETTING A, Citv's Consent: The Concessionaire will not assign this Agreement or any interest, and will not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person, agents and employees of the Concessionaire excepted, to occupy or use the premises or any portion Restaurant Concession Agreement 12/17/2008 City _ Page 22 of 28 Concessionaire- Concessionaire thereof without first obtaining. the written consent from the City. A consent by the City to one assignment, subletting, occupancy, or use by another party will not be deemed to be a consent to any subsequent assignment, subletting, accupancy, or use by another person or entity. Any such assignment, subletting, occupancy, or use by another person or entity without such consent by the Gity will be void and will, at the option of the City, terminate this Agreement. This Agreement will not, nor will any interest, be assignable as to the interest of the Concessionaire by operation of law without the written consent of the City. The City agrees that it will not unreasonably withhold its consent required hereunder. B. Approval Process: The Concessionaire will submit to the City copies of any proposed assignment, encumbrance, or sublease bearing the original notarized signatures of all parties. All covenants and provisions in this Agreement extend to and bind the legal representatives, successors, and assigns of the parties. C. Merger, Consolidation, or Reorganization: 1. The City will not unreasonably withhold its consent to an assignment of this Agreement by the Concessionaire to a corporation that results from a merger, consolidation, or reorganization of the Concessionaire to a corporation that purchases all or substantially all of the assets of the Concessionaire or to any corporation that controls or is controlled by or is under common control with the Concessionaire. 2. For purposes of this Section, "control" of any corporation is deemed vested in the person or persons owning more than 50 percent of the voting power for electing the board of directors of the corporation. ARTICLE XXII: GENERAL COVENANTS A. Execution by City: This Agreement is not effective until signed by the City Manager. B. Approval by City: The City may not unreasonably withhold any approval required under this Agreement. C. Notices: Any notice required under this Agreement must be hand delivered., sent by certified mail or by electronic transmission in such a way as to confirm receipt to the appropriate party, or delivered by a reliable overnight delivery service to the appropriate party at the address set forth on page one of this Agreement or to any other address that the parties subsequently designate in writing. All notice periods begin on the date the notice is mailed. Restaurant Concession Agreement 12/17/2008 City _ Page 23 of 28 Concessionaire_ Concessionaire D. Modification: The Concessionaire acknowledges that the City may make any modification to this Agreement necessary to meet the revised requirements of federal or City grants, to operate the Airport, or to conform to the requirements of any revenue bond covenant to which the City of Kenai is a party and may do so without formal amendment. However, a modification may neither reduce the rights or privileges granted the Concessionaire under this Agreement nor cause the Concessionaire financial loss. E. Interrelationship of Provisions: All provisions of this Agreement and the associated proposal documents are essential parts of this Agreement and. are intended to be cooperative, to provide for the use of the Airport, and to describe the respective rights and obligations of the parties to this Agreement. In the event of any irreconcilable conflict between the Agreement and the incorporated proposal of the Concessionaire, the provisions of Agreement will prevail. Each party will fully perform all provisions of this Agreement and the associated proposal documents. F. Validity of Parts: If any part of this Agreement is declared invalid by a court of competent jurisdiction, the remaining parts continue in full force. G. Radio Interference: At the City's request, the Concessionaire will discontinue the use of any machine or device that interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. H. Discrimination: The Concessionaire may not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or City law. The Concessionaire recognizes the right of the City to take any action necessary to enforce this covenant, including actions required by any federal or City law. Nondiscrimination: The Concessionaire will undertake a nondiscrimination program required by 14 CFR, Part 152, Subpart E, to insure that no person will be excluded from participating in any employment activity covered by 14 CFR, Part 152, Subpart E, on the grounds of race, creed, color, national origin, or sex. The Concessionaire may not exclude any person on these grounds from participating in or receiving the services or benefits of any program or activity covered by the Subpart. The Concessionaire further understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake nondiscrimination programs and require assurances from their sub organizations, as required by 14 CFR, Part 152, Subpart E. Restaurant Concession Agreement 12117/2008 City Page 24 of 28 Concessionaire_ Concessionaire J. National Emergency: If the federal government declares a national emergency, the Concessionaire may not hold the City liable for its inability to perform any part of this Agreement resulting from the national emergency. K. Vacation: At the expiration, cancellation, or termination of this Agreement, the Concessionaire must promptly, peaceably, and quietly vacate the premises, remove all personal property, and return possession to the City. The premises must be left in a clean, neat, and presentable condition, except for reasonable wear and tear, to the satisfaction of the City. L. No Waiver: The City's failure to insist in any one or more instances on the strict performance by the Concessionaire of any provision in this Agreement is not a waiver nor relinquishment for the future, but the provision will continue in full force. A City waiver of any provision in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. M. Disasters: If, in the determination of the City, a fire, flood, earthquake, or other disaster damages the Airport so extensively as to render it untenantable, either party may elect to terminate this Agreement on 30 days' written notice to the other party. If this Agreement is terminated because of a disaster, the City will prorate the fees payable under this Agreement up to the time the Airport becomes untenantable. N. Condemnation: If the Airport is condemned by any proper authority, this Agreement ends on the date the Concessionaire is required to leave the Airport. The City is entitled to all condemnation proceeds. However, the City will pay the Concessionaire the portion of proceeds attributable to the fair market value of any improvements placed on the Airport by the concessionaire, according to the provisions of the then-current Alaska Administrative Code. O. Liens: The Concessionaire will keep the premises free of all liens, pay all costs for labor and materials arising out of any construction or improvements by the Concessionaire on the premises, and hold the City harmless from liability for any liens, including costs and attorney fees. By this provision, the City does not recognize that it is in any way liable for any liens on the premises. P. Quiet Eniovment: The City covenants that it has full, unencumbered title to the Airport; that it has the right and lawful authority to execute this Agreement; and that the Concessionaire will have, hold, and enjoy peaceful and uninterrupted use of the premises. Q. Captions: The captions of the Articles and Sections of this Agreement are for convenience only and do not necessarily define, limit, describe, or construe the Restaurant Concession Agreement 12/17!2008 City- Page 25 of 28 Concessionaire_ Concessionaire contents of any Article or Section. The use of the singular or plural form of words is intended to include the singular and plural, as appropriate. R. Proposal Documents: The Request for Proposals, the Notice Inviting Proposals, the General instructions to Proposers, the Proposal Submiftal Form, including the Specific Proposal Requirements, the Concessionaire's proposal, any addenda, and the required proposal deposit are parts of this Agreement, and each party will fully perform its obligations under all provisions of these documents. S. Entire Agreement: This Agreement, including any amendments and all items {fisted under Section R of this Article, constitutes the entire agreement between the parties. No modification or amendment of this Agreement is effective unless in writing and signed by both parties, except as Stated in section D. above. T. Force Maieure: Except for the payment of fees, neither the :City nor the Concessionaire is in violation of this Agreement if it is prevented from performance by reason of strike, boycott, labor dispute, embargo, shortage of energy or materials, act of God, act of public enemy, act of superior governmental authority, weather condition, riot, rebellion, sabotage, or any other circumstance for which it is not responsible and which is beyond its control. U. Time: Time is of the essence in the performance of all rights and obligations of the parties to this Agreement. V. Empioyee Parking: Restaurant employees may use non-exclusive employee vehicle parking facilities at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive a vehicle-parking permit to park while on the jnh, Cnnr_.es8ionaire ghall he held acr_.ountable fnr Cnnr_.essinnaire'S employees' use of designated vehicle parking facilities and shall assure that employees comply with ail applicable Airport Directives.. W. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Concessionaire. Restaurant Concession Agreement 12/17!2008 City Page 26 of 28 Concessionaire_ Concessionaire IN WITNESS WHEREOF, the parties have set their hands the day and year stated in the acknowledgment below. (If the Concessionaire is a partnership or joint venture, all general partners or members of the joint venture must sign; if the Concessionaire is a corporation, the signature of one authorized representative is sufficient unless the corporation requires two or more signatures.) LESSOR: CITY OF KENAI Rick R. Koch, City Manager CONCESSIONAIRE: Roger Petrey -Owner/Manager Linda Petrey- Owner/Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of December, 2008, ROGER PETRY, Owner/Manager (CONCESSIONAIRE), 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. Notary Public for Alaska My Commission Expires: Restaurant Concession Agreement 12/17/20D8 City _ Page 27 of 28 Concessionaire Concessionaire STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of December, 2008, LINDA PETRY, Owner/Manager (CONCESSIONABRE), 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. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICAL DISTRICT ) THIS IS TO CERTIFY that on this day of December, 2008, personally appeared before me, RICK R. KOCH, known to me and to me known to be the City Manager of the City of Kenai, Alaska, and who acknowledged before me that the foregoing instrument was freely and voluntarily executed on behalf of the City of Kenai, for the uses and purposes set forth and with full authority of the City of Kenai to do so. Notary Public in and for Alaska My Commission expires: Approved by Kenai Gity Council on Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Return to: Cary R. Graves -City Attorney City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai. AK 99611-7794 Restaurant Concession Agreement 12/17/2008 City _ Page 28 of 28 Concessionaire- Concessionaire ~~i` Suggested by: Administration '_, U'eu~°l` CITY OF KENAI f(ENA gALASRA RESOLUTION Nf7, 2008-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO UNIVAR USA, INC. FOR MISCELLANEOUS CHEMICALS - 2009. WHEREAS, the following bid was received on December 9, 2008: __ Bidder Chemical Amount Unit Univar Sodium Bisulfite 318.75 55- al. drum Sodium H ochlorite 207.50 ~ 55- al. drum Standard H drated Lime ~ 26.75 SO-lb. ba Calcium Chloride 787,70 1-ton sack Potassium Acetate Not Available I anon ;and, WHEREAS, Univar USA, Ine.'s bid was the only bid; and, WHEREAS, Univar USA, Inc.'s bid meets the bid specifications; and, V4~E-IEREAS, the term of this contract is January 1, 2009 to June 30, 2009; and, WHEREAS, the recommendation from the City Administration is to award the bid to Univar USA, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Univar USA, Inc.'s hxd xB a reSpORSxI;Ie bxd and a"ward t0 this biddet Wuilid be In the best Sritel'eSI of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Miscellaneous Chemicals be awarded to Univar USA, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ ~=-~-G- -15- - ~''" ` Suggested by: Administrafion -t tt:e ~<ry ~` CIT'Is' pF KENAT ICERAI, ALASKA ~~ RESt'~LUTfON 1Vt3. 208-4Q~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER FROM THE CITY SHOP DEPARTMENT TO VARIOUS CITY DEPARTMENTS FOR FUEL COST BEING CHARGED DIRECTLY TO CITY DEPARTMENTS BUT ORIGINALLY BUDGETED IN THE CITY SHOP. WHEREAS, during preparation of the FY2009 budget, fuel expenditures for all City departments except Police, Fire, Senior Services and Airport Equipment were budgeted in the City Shops departmental budget; and, WHEREAS, reporting fuel costs in the departments utilizing the fuel will provide a more accurate cost of the services being provided by the various city departments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made; From: General Fund -Shop Department Operating and Repair Supplies $120,250 To: General Fund -Animal Control Operating and Repair Supplies $2,500 General Fund -Public Works Administration Operating and Repair Supplies $250 General Fund -Streets Department Operating and Repair Supplies $70,000 General Fund -Buildings Departr~.er.t Operating and Repair Supplies $4,250 General Fund -Parks Department Operating and Repau- Supplies $13,000 General Fund -Beautification Department Operating axed Repair Supplies $10,000 General Fund -Water Department Operating and Repair Supplies $7,500 General Fund -Sewer Department Operating and Repair Supplies $7,500 General Fund -Wastewater Treatment Plant Operating and Repair Supplies $5,250 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2008. PAT PORTER, MAYOR ATTESfi: Carol L. Frees, City Clerk Approved by Finance: .r -16- ;~~;\ ~~ - --~ = _.,-~ \~ Eke ci'fy u f ~~ KENp1~LQSKA To: Rick Koch, City Manager „C/~fl~~e t-vi~>Lr a p~~t Gi y witti ~ ~~t~re„ FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 /FAX: 907-283-3014 Froa1: Terry Eubank, Finance Director °,~.~`. Date: December I1, 2048 Re: Resolution 2008-74 distribution of budget for fuel purchases. For many years the cost of fuel for city departments, with the exception of Police, Fire, and the Airport equipment, have been budgeted in the operating & repair supplies line of the City Shop budget Finance is now dish~ibuting the cosC of fuel Co the departments who are consuning it. Distributing these costs to the consuming department provides a more accurate picture of the true cost associated with the operations of the various City departments. In order to avoid negative budget impacts in these departments we must else move the budget for these costs that was originally budgeted in the City Shop department. 1"he end result will be a reduction in the City Shop budget for account 001-432-2022 operating ~'c Repair Supplies by a12~ 250. Based u13cn the current dc-eiittc in Ftu;i cost i do believe these amounts are adequate for the current 'fiscal years operations. Should it be determined that these amounts are not adequate an additional budget revision may be necessary as we approach The end of the fiscal year. These amounts should also serve as the budgetary starting point for work on the FY2010 budget. -17- AGENDA KENAI CITX COUNCIL -REGULAR MEETING DECEMBER 3, 2008 7:00 P.. KENAI CITY COUNCIL CHAMBERS httn: / Iwww.ci.kenai.ak.us WORK SESSION: LIBRARY EXPANSION PRESENTATION/ECI/flyer Architects -- 5:36 p.m., Council Chambers ITEM A: GALL 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) I. John Bost, Mikuada Cottrell 8c Company -Presentation of the FY2008 Comprehensive Annual Financial Report (20 minutes) 2. Jim McConnell, Ken Duffy -- Frontrer Community Services Ugdate. 3. Robert Ruffner, Executive Director, Kenai lldatershed Forum -- Convening of the Kenai Peninsula Fish Habitat Partnership. 4. Emily DeForest, Sat Mattero/Friends of the Library -- Presentation/ Library Expansion Project. 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.) Ordsnance No. 2360-2008 -- Increasing Esfimated Revenues and Appropriations by $2,500 in the General Fund for Police Drug Abuse Resistance Education {DARE) Expenditures. 2. Ordsnance No. 2$61-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Peninsula Borough Parcel 1\;umber 04701009, the -18- Kenai National Guard Armory (TSNRl1W SEC 6 Seward Meridian KN Commencing at the Nl /4 Corner Run S 0 Deg 13 Min E 77.88 Ft Th S 8b Deg OS Min E 35.09 Ft Along the Southerly ROW of the North Kenai Rd to the POB Th S 0 Deg 13 Min E 683.85 Ft Th N 89 Deg 47 Min E 330 Ft Th NO 0 Deg 1) From Conservation (C) to General Commercial (CG). Ordinance No. 2362-200$ -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Churnley Replat Fram Rural Residential 1 (RRI) to Limited Commercial (LC). 2. Resolution No. 200$-68 -Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. 3. Resolution No. 2008-69 - Approving a Contract to Blazy Construction for the Project Entitled Kenai Visitors Center Heating System Upgrade - 2009 for the Total Amount of $462,551.00. ITEM F: MINUTES *Regular Meeting of November 19, 2008. *Work Session Notes of November 19, 2008. ITEM Cr: UNFINISHED BUSINESS %TEM H: NEW BUSINESS 1, Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 ITEM I: COMMISSI®NlCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commissioh 5. Parks 8v Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report o. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K• 1. City Manager 2. Attorney -19- 3, 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 noted.) Ordinance No. 247-2008 -- Repealing the Existing KMC 1.15.04D and KMC L 15.050(c) Regarding Preparation, Distributson and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.04D Entitled, Agenda and Packet - Develapment-Preparations-Distsibotior_-P~~bT_cation-La*_e Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC i.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.1.040 Entitled, Agenda and Packet - Development-Preparatison-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance Rro. 2347-2008 are pending: The original Ordinance IVo. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to moue Substitute Ordinance No. 2347-2008 is on the table from the September ! 7, 2008 meeting; a motion to postpone {with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers.) EXECUTI~TE SESSION -- None Scheduled ITEM N: ADJOURNMENT -20- a~NAa CITY cpa~Uy~r,r{cpq~psp-,irzy^arL.pAR n~tl+;~T;lla~ D1:+6.~Sd391.69~yL` ytgL }a~]gy 4®00 7i®Y! S.lYl. I{ENAI CITY COUNCIL CI3AMSERS http: J /www.ci.kenai.ak.us MAYOR PAT. PORTER, PRESIDING MINUTES ITE~h A: CALL TO ORDER, Mayor Porter called the meeting to order at approximately 7:00 p.m, in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in. the Pledge of Allegiance. A-2. ROLL CALL The City Clerk tools roll. Present were: Rick Ross, Vice Ma or ~ Robert Mollo ~ i Mika Bo le ~ Pat Porter,. Mayor i Hal Smalley .Joe Moore A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following items were requested to be added to the packet: ADD TO: E-3, Ordinance No. 2362 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Ghumley Replat from Rural Residential I (RR1} to Limited Commercial (LC): • 12/ 1/08 F. Braun note requesting retraction of his 11/25/08 letter. • 11 J27/08 R. Espy email opposing the rezoning of the property. • 1.1/30/08 D. Wright email opposing the rezoning of the property, • 12/ 1/08 K. Carson letter supporting the rewne. • 12 f 2/08 P. Falkenberg email requesting postponement of action. -21- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 2 • 12/3/08 R. Malloy email forwarding Ordinance No. 2145-2006 and its Attachments A and B. + 12/3/08 J. Twait (Chair, Kenai Planning & Zoning Commission} letter of support of the rezone. MOTION: Council member Smalley MOiTED for approval of the agenda urit_}1 the added materials and requested UNANYI4IOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Smalley MOVED for approval of the consent and requested UNANYMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM S: SCHEDULED PUBLIC COMMENTS (10 minutes} B-I. John Bost, Mikunda Cottrell $s Company -Presentation of the FY2008 Comprehensive Annual Financial Report (20 minutes} Mr. Bost reviewed the Comprehensive Annual Financial Report and the Statement of Audit Standards Report distributed to council with their meeting packets, noting their opinion was a clean report and they felt the reports very accurate; no audit adjustments were found to be needed; there were no major issues needing to be discussed; there ware no difficulties in doing their work; and, the city was found to be financially healthy. B-2. Jsm McConnell, Kea Duffq -- Frontier Community Services Update. Mr. McConnell and Anne Shirnberg, from Frontier Community Services provided an update of information related to the development of their new facility project and distributed an information packet with cost estimates, description of the project, etc. A brief question and answer period took place during which it was noted the long- range plan included an assisted living facility, probably as a second or third phase {in five to seven years}. A request was made for Frontier to keep the city and senior groups updated with regard to the assisted living phase. B-3. Robert Ruffner, Executive Director, Kenai Watershed Forum -- Converiing of the Kenai Peninsula Fish Habitat Partnership. -22- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 3 Mr. Ruffner discussed. the establishment of a Kenai Peninsula Fish Habitat Partnership to work with the National. Fish Habitat Action Plan in finding better priorities to protect fish habitat and encouraged the City of Kenai's participation. Ruffner requested the City to submit a contact person prior to December 25, 2008 and noted, it was anticipated the Partnership would be submitting its information with a six month period. B-4. Em9ty 7)eF~rSSt; SaI Mattero%Friensls gf the f•ibra*_y -- presentation/ Library Expansion Project. On behalf of the Friends of the Library, Emily DeForest and Sal Mattero presented the City of Kenai with a check for $170;000 collected by fundraising activities of the Friends to be used toward the library expansion project. ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes) C-1. Mark Schrag, 312 Princess Lane, Kenai -- Stated his disappointment of time allotted to speakers with regard to the public hearing on the Papa Joe's Subdivision rezoning. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS D-1. Assembly Member Bal Smalley -- Reported on actions taken at the December 2, 2008 Assembly meeting. ITEM E: PUSLYC BEARINGS (Testimony Iisnited to 3 minutes per speaker.} E-1. Ordananee Na. 2360-2008 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Drug Abuse Resistance Education (DARE} Expenditures. MOTYON: Council Member Eldridge MOVED for adoption of Ordinance Na. 2360-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson:. Yes -23- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 4 Ross Yes Mollo Yes . Bo le Yes Porter ;Yes Smalle Yes ;Moore Yes Eldrid e ~ Yes MOTION PASSED UNANIMOUSLY. i~REAK TAHEN: 8:05 P.M. a~iA~+Ia T~ s~I;\DE~i.: ~i:I ~. P. si. E-2. Ordiaaxxee No. 236I-2008 -- Amending the Official. Kenai Zoning Map by Rezoning Kenai Peninsula Borough Parcel Number 04701009, the Kenai National Guazd Aimory (TSNRl IW SEC 6 Seward Meridian KN Commencing at the Nl/4 Corner Run S 0 Deg 13 Min E 77.88 Ft Th S 86 Deg OS Min E 35.09 Ft Along the Southerly ROW of the North Kenai Rd to the POB Th S 0 Deg 13 Min E 683.85 Ft Th N 89 Deg 47 Min E 330 Ft Th NO 0 Deg lj From Conservation (C) to General Commercial {CGj. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2361-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. A brief history of the property was presented by City Planner Kebschull. Interest was also expressed in having the Planning & Zoning Commission investigate a suitable zone for governmental or military facilities. MOTION TO AMEND: Council Member b4olloy MOVED to amend the sixth 'whereas' paragraph by adding "and will provide a benefit to the community in accomplishment of its mission" after "conditional use permit." Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Ross Yes i Mollo i Yes Bo Ie Yes Porter ± Yes Smalle Yes ;Moore Yes Eldrid e ~ Yes -24- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 5 MOTION TO AMEND PASSED UNANIMOUSLY. ~7OTE ON MAIN MOTION' AS AMENDED: *Student Representative Johnson.: Yes Ross Yes Mollo i Yes i Bo rle Yes Porter Yes Smalley Yes 114eore Yes _ Eldridge Yes MOTION TO AMEND PASSED UNANIMOUSLY. E-4. Ordinance No. 2862-2005 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). MOTION: Council Member Ross MOVED for adoption of Ordinance No. 2362-2008 and Council Member Eldridge SECONDED the motion. Kebschull reviewed Administration's supportive information included in the packet, noting: • The application met the requirements of the code. • F7urinu llrvPlnnm ani~ of the 2003 (.'`~m••,-~~'• ni., _, a,,..,..i__r -a ^--^-r---~---~ ~-• N.°ueaioiVe i ip.i.i, ucvcivjJtuertt concerns along the Kenai Spur Highway corridor were discussed and criteria and standards for a Limited Commercial zone, to be used as a mixed use zone, were prepared and subsequently approved by the city council. • Landscape requirements were updated for use in relation to a Limited Commercial zone. • The proposed rezone would complement the area and would be what the Limited Commercial zone was provided to do. • Currently, up to six U~iplexes could be placed on the property with no landscaping requirements. • A conditional use permit would restrict expansion of the use of the property or future sale of the property. • If the rezone was referred back to the Planning &, Zoning Commission to sun>ey property owners along the corridor with regard to rezoning additional property to Limited Commercial, the process would take appro~mately three months. The floor was opened for public hearing. Mayor Porter noted, three minutes per speaker would be allowed. Clerk Freas read the following correspondence into the record, which had been added to the packet at the beginning of the meeting: • 12/ 1/08 F. Braun note requesting retraction of his 11/25J08 letter; -25- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 6 • 11/30/08 D. Wright email opposing the rezoning of the property; • 12/ 1 /08 I. Carson letter supporting the rezone; • 12/2/08 P. Falkenberg email requesting postponement of action; and, • 12/3/08 J. Twait letter supporting the rezone. Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the rezone; requestefl no decision be made at the meeting to allow additional time to collect information; and; stated the issue would move into Iitigation if the rezone was approved. Espy distributed a document entitled, Response Regarding Application Rezone Ordinance No. 2362-2008 (opposing the rezone) and began reading it into the record. The following people continued reading the Response document opposing the rezone: Roy Espy, 403 McCollum Drive, Kenai Becky Espy, 903 Magic Avenue, Kenai Xristie Lawson, 36706 Chinulna Drive, Kenai Brsttany Kiser, 38140 Sandlin Street, Sterling Madison Cheesenan, 503 Cinderella Streat, Kenai Clifford Smith, 319 Rogers Road, Kenai -- Spoke in support of the rezone noting, residences would not be a good fit and felt a dental office or professional building would be a good fit far the property. Zanyce Berg, 412 Haller Street, Xenai -- Stated her mother lives in the area of the rezone and spoke in support of the rezone. Xaren Xoester, 848 Set Piet Drive, Xenai -- Stated she was a member of the Planning & Zoning Commission and read into the record her letter of support of the rezone. The following continued reading the Response opposing the rezone, into the record: 5T7alt Waxd, 708 Magic Avenue, Kenai Debbie Sanberg, 410 Cinderella Street, Kenai Mazk Schrag, 312 Princess Lane, Kenai Kelly Kelso, 117 Walker Lane, Kenai (also requested the decision be postponed) Robin Li7right, 604 McCollum Drive, Kenai Ben Matson, 43575 Eagle Lake Drive, Kenai Ramon C. Roger, 808 Aliak, Xenai -- Stated his opposition to the rezoning and noted litigation would follow if the rezone was approved. The following continued reading the Response opposing the rezone, into the record: Patricia Falkenberg, 399 McCollum Drive, Kenai (also submitted "Petition to Stop a Zoning Change to Our Community") -26- KENAI CZTY COUNCIL MEETING DECEMBER 3, 2008 PAGE 7 Karen Rogers, 808 Aliak, Kenai Russell Sonberg, 410 Cinderella I3rive, Kenai Krssten Lawrence, 1670 lndaan Weils, Kenai Thomas Hammelman, 4570 Kenaitze Court, Kenai Colleen Ward, ?08 Magic Avenue, Kenai Todd Worthaua, 47566 Grant Avenue, Kenai -- (Applicant) Spoke in support of the rezone and noted: + The planned facility would be a home for his clinic and he believed it would be a good fit. • After discussing the inclusion of a playground with his attorney; etc., decided it would not be a good idea. • He had lots of open discussion with the adjoining property owners. • He did not believe there would be a lot of traffic caused by the situating of the facility at that property. • Asked if he could wait three months until the Commission revisited the issue and collected additional information, Wortham answered yes. There being no one else from the public wishing to he heaxd, the public hearing was closed. Council comments included: • Referring to the 2406 ordinance submitted as additional information, believed it was a precedent of how to vote, disagreed with admnzistration, and, believed would be arbitrary zoning. • Agreed with the earlier suggestion the issue be referred back to the Commission for additional process; did not think the lot should be destined for residences-, and, the area was already a mixed use. • Belief the Wortham plan would be a buffer for the residential area; does not like spot zoning; suggested a conditional use permit could be developed to be favorable to both groups; and, would be in favor of tabling the issue for further process. • Stated support of the rezone as a realistic way for developing property along the highway; there were no new homes built in the area for many years; belief the process should include informsng the neighborhood about the Limited Commercial Zone and collecting input from other property owners along the highway; and, table the ordinance and within three months, bring back a substitute to tie in other interested properties. • Stated support of the rezone; the property would be better used zoned Limited Commercial; and, supported tabling of the ordinance for further processing. • Stated support of tabling the ordinance for further process. • Stated support of the rezone and felt it would be unfair to draw Dr. Wortham into litigation; would support directing administration to gather additional -27- KENAI CITY COUNCIL MEETING .DECEMBER 3, 2008 PAGE 8 inforrnatian; and, would Iike the issue taken back to the Commission by January 9, 2009. MOTION TO TABLE: Council Member Moore MOVED to table Ordina~~ce No. 2362-2008 and direct administration to bring back a mare comprehensive plan for rezoning of the area in accordance with the Comprehensive Plan by January 9. Council. Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Yes Ross j Yes Molloy No i Bo le No j Porter Yes Smalley ,Yes !Moore Yes Eldridge Yes MOTION TO TABLE PASSED. SREAK TAKEN: 10:29 P.M. BACK TO ORDER: 10:37 P.M. E-5. Resolution No. 200$-68 -Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers a_*!d Candidates Pursua.^t to KMC 1.85. MOTION: Council Member Smalley MOVED for adoption of Resolution No, 2008-68 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Debbie Sonbesg, 410 Cinderella Lane, Kenai -- Stated her support of the resolution. There being no one else wishing to be heard, the public hearing was closed. Council Member Smalley stated his desire to change the Ievel of reporting from $1,000 to X5,000. MOTION TO POSTPONE: -28- KENAI CTTY COUNCIL MEETING DECEMBER 3, 2008 PAGE 9 Council Member Smalley M43VED to postpone Resolution Na. 2008-68 and return it to administration and legal for rewrite. Council Member Eldridge SEC®NDED the motion. V®TE ON POSTPONEMENT: *Student Representative Johnson; Yes Ross Yes Mollo Yes Boyle Yes Porter .Yes Smalley j Yes Moore ;Yes Eldridge ~ Yes ~ __ - MOTYON PASSED UNANYMOUSLY. E-6. Resolution No. 200$-69 - Approving a Contract to Blazy Construciion for the Project Eniitled Kenai Visitors Center Heating System Upgrade - 2009 for the Total Amount of ~462,SS 1.00. MOTYON: Council Member Smalley MOVED for adoption of Resolution No. 2008-69 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to be heard, the public hearing was closed. Council Member Moore disclosed the owner of Blazy Construction was a client of his firm, though he had no direct financial interest. City Attorney Graves stated Moore abstain due to the size of the contract. Discussion followed with comments including: • Question whether placement of heated sidewalk at the facility was being considered. It was explained, because approximately 82% of the visitors to the facility visited during warmer months, it was not believed to be critical to the operation of the facility; the cost for heated sidewalks was estimated at $60,000; and, no heated sidewalks would be included. • Consideration for placement of a different kind of flooring other than carpet in the lobby should be given. It was explained, after the contract was approved the issue would be discussed with the construction company rpresentalive. voaE: *Stixdent Representative Joluison: Yes -29- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 10 Ross Yes Mollo Yes Bo le 'Yes Porter Yes Smalley Yes Moore ', Abstain Eldridge Yes MOTION PASSED UNANIMOUSLY. ITEM F• MINUTES F-l. Regular Meeting of November 19, 2008 -- Approved by consent agenda. F-2. Work Sessiose Notes of November 19, 2008 -- Approved by consent agenda. ITEM G: UNFINISfIED BUSYNESS -- None. YTEM H: NEW BUSINESS H-l. Bills to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. II-2. Approval of Purchase Orders Exceedsng $15,000 MOTION: Council Member Molloy MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM Y: COMMISSION/COMMITTEE REPORTS I-1. Council an Aging -- No meeting. I-2. Airport Commission -- No meeting. Mayor Porter noted the application for appointment to the Commission submitted by Chris Hayes was in the packet and reviewed. Porter stated she would delay an appointment in order for administration to find other candidates. Y-3. Harbor Commissiott -- Council Member Smalley reported the next meeting would be held on Monday, December 8, 2008. -30- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 11 I-4. Library Commission -- Council Member Boyle reported on actions and discussions held at the December 2, 2008 meetuig, including a request fora letter of thanks be sent to the Legislature funding received. I-5. Parks &, Recreation Commission -- Council Member Moore reported the neat meeting would be held on January 15, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reported the next meeting would be held on December 10, 2008. I-7. Miscellaneous Commissions and Committees T-7a. Beautification Committee -- No meeting. %-'7b. Alaska Municipal League Report -- Council Member Smalley reported he was appointed to the By-Laws c~ Legislative Committees who would be investigating the potential of the Anchorage/Fairbanks JJuneau circuit, and noted the AML Winter Legislative Meeting would be held January 28-S0, 2009 in Juneau. I-7c. Mini-Grant Steering Committee -- No meeting I-?d. Advisory Cemetery Committee -- Cauncil Member Eldridge reported the next meefrng would be held on January 15, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported the next meeting would be held an the last Monday of the month. ITEM J: REPORT CF THE MAYOR -- Mayor Porter thanked Vice Mayor Ross for filling in during her absence and distributed holiday gifts to the council members. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • He was reworking the request for funding to be submitted to the Legislators, Governor and Office of Management & Budget. • He would be participating in statewide Compensation Committee meetings in December and January before finalizing its report to the Legislature. • The FY2010 budget preparations would begin soon and requested council to forward requests to him. • Several grants had been received for purchase of permanent fencing on the north shore for dune protection efforts. • He met with representatives of Habitat for Humanities who stated their interest in acquiring city properties in the same manner the Amundsen Group -31- KENAi CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 12 received properties. Further information would be brought forward for the January 7, 2009 council meefing. • Reported two proposals for rental of the airport restaurant were received and the contract would be awarded to Roger 8s Linda Petry. • The Alumni Hockey Game was scheduled for December 20, 2008 at the Soldotna Sports Center. • Agreed the City should respond to the Board of Fisheries proposal. • City took possession of the MAPTS building along Marathon Road; the first phase of the environmental clearance had. not yet been received. I-2. Attorney -- Attorney Graves noted the timeline for the hiring process of a new city attorney was included in the packet along c~rith a job description, Council requested the position be advertised for two weeks and Attorney Graves submit a proposal to council with regard to wlro would screen the applicants. I-3. City Clerk -- No report ITEM L: DISCTISSION L-1. Citizens (five minutes) Debbie Sonberg, 412 Cinderella Avenue, Kemmai -- Referring to the earlier discussion of the Papa Joe's Subdivision rezoning, asked what would happen prior to January 9, 2009. City Manager Koch stated, the Planning & Zoning Department would send out information. to affected property o~*rners about tY:e Limited Commercial zaae and gather further information. L-2. Council Boyle -- • Thanked administration for clearing the sidewalks. • Thanked administration far providing food at the work session. Molloy -- No comments. Ross -- • Referring to the Papa Joe's rezone, he stated it was his understanding administration would provide a plan of the process and submit it to Planning 8v Zoning by January 9, 2009, then begin the process with noticing, and sending out information to the property owners. Johnson -- Reported a blood drive would be held at the high school on December 9, 2008. Eldridge -- Thanked Porter for her gift. -32- KENAl CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE 13 Moose -- • Congratulated administration for the clean financial report. s Stated he believed the city should respond to the Board of Fisheries proposal. o Briefly discussed the establishment of a Salmon Task Force to take an inventory of the City of Kenai's interest in the fishery and it affected the city and requested the issue be included on the December 17, 2008 council meeting agenda. Moore indicated he would provide information to include in the packet. Smalley -- + Reported birch trees were being stripped of their bark at Municipal Park and that he had already discussed the issue with Koch. s Suggested signage at Municipal Park was needed. s Reported. he believed the beach signage was confusing. • Referring to the Board of Fisheries Proposition 375, he noted manage:~~ert was biological and allocation was political -- th,e political portion had a very bad impact to the city. • Thanked Porter for the gift. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2347-2008 -- Repealing the Existing K1vIC 1.15.040 and KMC 1.15.OS0(cj Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publicatson-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.I5.050(ej Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Developmeut-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance Rro. 2347-2008 are pending: The original Ordinance No. 2347-2D08 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-200$ is on the tttble from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 1 S, 2005 in the council chambers.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the council, the meeting adjourned at approximately 11:24 p:m. -33- KENAI CITY COUNCIL MEETING DECEMBER 3, 2008 PAGE I4 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 votes shalt be cast prior to the official council vote and shall not a.,fect the outcome oJfa vote. A_dviser+y votes shall be recorded in the minutes. A student representative may not move or second items during a council meefing. -34- KENAI CITY COUNCIL wORIi SE$~ION vy~Mee$}}EyRg .3, ZdQ$ J:aDID C~lY1. KENAI CITY COUNCIi, CHAM$ERS MAYOR EAT EORTEI2, ERESIDING NOTES Council present: P. Porter, R. Ross, M. Boyle, R. Molloy, B. Eldridge, J. Moore, H. Smalley Staff present: C. Freas, C. Graves, M. Joiner, C. Hall, R. Koch, and W. Ogle Also present: Brian Meissner, ECI/H,yer, Architect Mr. Meissner reviewed the preliminary plans for the library expansion which his company had been working on for approximately three eueeks. He noted: • He had spent the day with Library staff discussing options for the expansion and working them into preliminary schematics, as well as the Library Commission the evening before. • Final concept design would be presented in a few weeks, along with a cost estimate (after the holiday>s). • Budget was $5 million, which included an approximate 10,040 square foot addition. • Final concept would have a 'shopping list' of recommended upgrades that could be included as additive alternates if so desired. • He believed summer wo~?~d be a great dme to build d:ae to tl;e drop in prices of supplies, etc. Meissner presented digital drawings of the floor plan developed to date. A brief discussion followed with comments including: • Present addition design would not connect to City Hall, however it would preclude a future connection. • Presently, $4.~ million was available for the project and there would be other funding sources to cover the project cost. • Discussion related to funding the project would be held at the next council meeting. • Friends of the Library were working an fundraising efforts. • Currently, the design did not include a basement. • Floor of the addition would be designed for a future upper floor addition. -35- KENAI CITY COUNCIL WORK SESSION DECEMBER 3, X008 PAGE 2 s General discussion related to the project should take place, however no big decisions should be made until after receiving and reviewing the cost estimate was suggested by Council Member Ross. • Consideration for a partial basement for additional storage should be discussed. • Security concerns were briefly discussed. It was noted, Meissner would meet with the council again around the end of February, as well as the Library Commission. The work session ended at 6:00 p.m. Notes prepared by: Carol L. Freas, City Clerk -36- '~ .J V ~ C d o g} a ® A" iS ~ Z W U W 2 ''r W © ~ 0 a .. ® LL Hi (~ ~ ~r W F:. {} W 1~- ~ J va V ,~ z R U O F a. O ~ N M N h 4 ~ ~ cV N CO CA L1A (/? Z ~ = W_ j F. w J W z N F `W S W 4 f/3 w U W U W J W w O T w :~ V V7 IU }" Q 'a F \° 0 O M O O O Ct O O c+> O N m r U W 7 H Y d' N a U m fY -37- Q O d v O U CO W ~ ~ ~ o U N ~S ~ o° tau °o g ~ ~ H3 ~ LLi ~ [e: ~ I d ~ t3 ~ m ~ J v a ~ a U 2 ~ O^i N d ~ c( Q U? W N ~- CD tP °~ a N ~ N ~ CNO a ~ r- p c Z h N N e ~ ~ M ° ~" ~ ° ~ ~ a co N i I J '¢ U J f- ~ V3 a O W J ~ O O ~ ~ ~ 2 G 6 aa u3 ~ ~ U ¢ tK C7 U V S ~ ~ ~ d q "} C ~ CC U ~` Z a Z ~ ~ ~ ~ a ~ p a . a. Q¢ cn U 4 ¢ > ~ te 0 N 0 d M ~ o U a a . w m ~ ~ .! Q Z ~ d O O O ~ S ~ ~- ua a O u ~ ~ w O W ~ d o ~ ~ O t i? U C% ~ 4 V a' Z ~ d O ~ Z ~ m u} ~ .J w z x ~ o ~ w ~ ~ ~ ~ ~ n ~ ® ~ z w z > ~ z z > a c~ _ S ¢ ~ -38- Suggested by: Building Official GITY CBF KENAI NO. B3Cs3-ZOQ8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 4.30.010-.01 S TO ADOPT THE NATIONAL ELECTRICAL CODE, 2008 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION WITH LOCAL AMENDMENTS TO THE ABOVE. WHEREAS, the City of Kenai has been operating or. 2005 National Electrica? Codes; and, WHEREAS, the Nafional Fire Protection Association has updated the wde promulgated by them; and, WHEREAS, it would be most beneficial and in the best interest of the City if the latest code was adopted. NOW, fiHEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the above-named codes are adopted by the City of Kenai, and KMC 4.30.010-.015 is amended to read as presented on Attachment A of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: February 7, 2009 New Text Underlined; (DELETED TERT BRACKF,TEDj -39- Ordinance No. 2363-2008 Attachment "A" 4.34.414 Adoption. There is hereby adopted for the purpose of establishing standards governing the installation of electrical equipment within or on public and private buildings and premises, that certain code known as the "National Electrical Code," 200[5]8 Edition of the National Fire Protection Association, except for such portions as aze hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fuliy as if set out verbatim herein 4.34.415 Locale Amendments to the Plational Electrical Code 244[58. [2i4.S(II) i~~3riER TliAiv faVw~iLING UiSITS. ADD PARAGRAPHS 210-8(B)(6J AND 210-8(B)(7J AS FOLLOWS: (6) OUTDOORS WHERE ACCESSIBLE FROM GROUND LEVEL. (7) WITHIN 6 FEET OF THE OU"I'SIDE EDGE OF A SINK. 214.23(E) dUTLETS PER CII2CUIT. ADD A SUBSECTION (E) TO SECTION 210.23 TO READ AS FOLLOWS: OUTLETS PER CIRCUIT. IN DWELLING UNITS, NO MORE THAN I3 OUTLETS ARE ALLOWED ON ONE BRANCH CIRCUIT. ALL SMOKE DETECTORS ON A CIRCUIT MAY BE COUNTED AS A TOTAL OF ONE OUfiLET. APPLIANCE CIRCUITS ARE LIMITED TO SIX DUPLEX RECEPTACLES PER CIRCUIT. EXCEPTION: FIXED LIGHTING CIRCUITS DESIGNED TO MEET THE ArPRO`rRiATE SECTIONS OF THE CODE.] 254.1 I8 Tvoes of equipment sraundina conductors Delete subsections 121 thru (l4) and replace with• (21 Th.e conger sheath of mineral insulated metal-sheafihed cable (31 Metal enclosures of buswavs listed for erounding [340.4 PROTECTIt3I~l AGAIidST PAS'SYCAL ISAMAGE. AMEND BY ADDING NEW SUBSECTION (G): (Gj ROOFS. RACEWAYS RUN ON THE SURFACE OF A ROOF OR SUBJECT TO DAMAGE FROM SNOW, ICE, OR FOOT TRAFFIC, SHALL BE RIGID METAL OR INTERMEDIATE METAL CONDUIT ONLY.] 300.4tH) Protectson aaaiust physical damage. -40- Ordinance No. 2363-2008 Attachment "A" Add a new subsection {I-I}: (H} Roofs. Raceways run on the surface of a roof or subiect to damaee from snow, ice, or foot traffic. shall be rigid metal or intermediate metal conduit onlt [310.13 CONDUCTOR CONSTRUCTION AND APPLICATIONS.. AMEND BY ADDING THE k'OLLOWING SENTENCE TO THE END OF THE SECTION: THERMOPLASTIC TYFE INSULATION SHALL NCT BE ISTALLED WHEN THE TEMPERATURE IS LESS THAN -7C (20F).) 334.10 Uses permitted Delete the followine subsection• 131 Other structures permitted to be of Types III IV and V construction except as prohibited in 334.12. Cables shall be concealed within walls floors or ceilin s that provide a thermal a barrier of material that has at least a IS-minute finish ratin as identified m hshngs of fire-rated assemblies [334.16 NON-METALLIC-SHEATHED CABLE; YNSTALLATION; INSTALLATYON TEMPERATURE. ADD A NEW SECTION AS FOLLOWS 334.16 INSTALLATION TEMFERATuRE. NON-METALIC-SHEATHED CABLE SHALL NOT BE INSTALLED WHEN THE TEMPERATURE IN THE BUILDING OR WORK AREA IS BELOW 20 DEGREES FARENHEIT (-7C).") 410.17 Other closet or stora a stxaces Add a section 410.17 410.17 Other closet or storage suaces Lumniaries shall meet the location requirements for clothes closets or be of a totally enclosed fluorescent or LED type -41- rF\ ~t Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2364-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,292 IN THE SENIOR CITIZENS FUND FOR ESSENTIAL PROGRAM EQUIPMENT AND DEFERRED MAINTENANCE. WHEREAS, the State of Alaska Department of Health & Social Services (DHSS) has awarded tl:e C2ty of Kenai. $24,2C3'vJ fpr p~ire$a9e of acSeF171a1 equipment artd deferred maintenance at its Senior Citizens Center; and, WHEREAS, it is in the hest interest of the City of Kenai to accept these funds to perform deferred maintenance and purchase essential equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated. revenues and appropriations be increased as follows: SENIOR CITIZENS FUND Increase Estimated Revenues: State Grant X24,292 Increase Appropriations: Improvements $10,767 Machinery & Equipment $10,446 Small. Tools/Minor Equipment $3,079 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ - Introduced: December 17, 2008 Adopted: Janixary 7, 2009 Effective: January 7, 2009 New Text Underlined; [DEITTED TEXT BPu4CKETEI'J] -42- z "' Suggested by: Council - -~-' the c;tyaf ~~ CITY fDF KB.NAI ORDINANCE NO. 2365-2003 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 $1,000 PER MONTH AND COUNCIL MEMBERS' SALARIES FROM $400 TO $500 PER MONTH. WHEREAS, based upon the substantial time devoted to the duties of the positions of Mayor and Council Members, it is equitable to establish compensation for the posit=ons at :$1:000 per mnnth for the Mayor end $SDO per rnon±h for 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 following the increase; and, WHEREAS, pursuant to the Charter, the pay raise for the Mayor and Council in this ordinance will not begin until October 7, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, that: KMC 1.80.010 be amended to read as follows: Bettina: The Mayor shall receive a salary of [$900] 1 000 per month. The other members of the Council shall receive salaries of [$400] S00 per month. These salaries shall be n1 addition to the reimbursement for expenses as provided far by Charter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 2008 Adopted: January 7, 2D09 Effective: October 7, 2009 (Kenai Charter Section 2-3) New Test ilnderlined; [DELETED TEXT BRACF.~TEDj -43- CI`Cl( ®F EN1 210 FiDAt60 AVE., IEENA7, ALASKA 99611.7794 ~`'~ l'ELEPAONt3: 4G7-2$7-7535 PAX' 907-?&i30t4 1F1 .i:J 171 1Z ~ LJ 1rA TO: ~ Mayor Fetter and ±he 1Senai City Council F120M:~~ 'Cary R. Graves, City Attorney DATE: December 10,2008 RE: Ordinance 2365-2008 Ordinance 2365-2008 contains a pay raise for the Mayor and Council Members. It would amend KMC 1.80.010 to raise the pay of Council Members from $400 to $500 per month. and the Mayor from $400 to $1,000. The money to fund the pay raise is already in the budget for FY 2008-2009. A draft of the ordinance was placed in the packet for the May 7; 2008 meeting. The minutes of the meeting reflect that the Cowrcil was asked to inform the staff if any member wanted the ordinance to be introduced. There was no direction to introduce the ordinance. At the November 19, 2008, meeting the staff again asked if Council wanted it to proceed with introduction of the pay raise ordinance. After a request from a Council Member, Ordinance 2365-2v08 was placed in this packet for introduction. The effective date of Ordinance 2365-2008 is listed as October 7, 2009. Section 2-3 of the Kenji City Charter provides in part that, "The compensation, if any, of the Mayor and other councilmen shad be determined by anon-emergency ordinance; but no increase in such compensation shall become effective until after a regular Ciiy election has been held." Section 2-3 means that there must be a regular City election between the passage date of a pay raise ordinance and the effective date of it. Therefore, any pay raise ordinance passed after the October 7, 2008 regular City elecfion date cotdd not be effective until after the next regular City election (October 6, 2009). That is why the effective date of the ordinance is listed as October 7, 2009. -44- _' ~"~~ Suggested by: Council -, the <try' f // CITY OF KEloIAI ORI7INAI3CE NO. 2366-200 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85.020 TO CHANGE THE THRESHOLD AAQOUNT OF INCOME, BUSYNESS INTERESTS, LOANS, TRUSTS AND OTHER FINANCIAL TRANSACTIONS THAT MUST BE REPORTED ON THE CITY'S FINANCIAL DISCLOSURE FORM FROM OA?E THOUSAND DOLLARS 01,000} TO FIVE THOUSAND DOLLARS ($5,000}. TUHEREAS, KMC 1.85.020 requires the Mayor, Council Members, candidates for elected office, the City Manager, City Clerk and City Attorney to file an annual financial disclosure statement; and, WHEREAS, KMC 1.85.020 requires reporting of income, business interests, loans, trusts and other financial transactions valued at one thousand dollars ($1,000) or .more; and, WHEREAS, KMC 1.85.020 should be amended io increase the reporting threshold from one thousand dollars 01,000) to five thousand dollars ($5,000}. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.85.020 is hereby amended as follows: I.SS.A20 Coateats of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal offscer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non- dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (bj The statement filed shall include the following information relating to the covered individual. {1) The source of all income over [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars t$5,0001 during the preceding calendar year, received by the covered individual, including taxable and nontaxable capital gains, except that a source of income that is a gift must be included if tl2e value of the gift exceeds two hundred fifty dollars ($250.00); (2} The identity, by name and address, of each business in which the covered individual has an interest or was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year, except that an interest of less than [ONE THOUSAND DOLLARS (~u1,000.00)] five thousand dollars lS5,000) in the stock of a publicly traded corporation need not be included; New Test Underlined; [DELETED TEXT BRACKETED] -45- Ordinance No. 2366-2008 Page 2 of 3 (3} The identity and nature of each interest in real property, including leases, rentals and options to buy, which is owned, held, or possessed at any time during the preceding calendar year by the covered individual; (4) The identity of each trust or other fiduciary relation in which the covered individual held a beneficial interest exceeding [ONE THOUSAND DOLLARS ($1,000.00)) five thousand dollars ($5,0001 during the preceding calendar year, a description and identification of the property contained ui each trust or relation, and the nature and extent of the beneficial interest in it; {5j Any loan or loan guarantee of more than [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars 155,0001 made to the covered individual, and promissory note signed or debt obligation incurred by the covered individual of more than [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars ($5.00011, and the identity of each lender,. guaranteed party, payee, or other creditor to whom the covered individual owed more than [OArE THOUSAND DOLLARS ($1,000.00)] five thousand dollars (55.0001); this subsection requires disclosure of a loan, loan guarantee, note or indebtedness only if the loan, guarantee, or note was made, ar the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, note or indebtedness was more than [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars (55,000) at any time during the preceding calendar year. Credit cards accounts, revolving charge accounts, health care bills and obligations, and Internal Revenue Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported; (6) A List of all contracts and offers to contract with a municipality, the state or a political subdivision or instrumentality of the state during the preceding calendar year held, bid, or offered by the covered individual; (7) A list of all mineral, fimber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the coverefl uidividual; (8) A list of all contracts, bids, or afters to contract cc~ith the City of Kenai during the preceding year which are made, offered or agreed to byy the covered individual; (9) A description of each business or financial dealing, transaction; or arrangement over [ONE THOUSAND DOLLARS ($1,060.00)] five thousand dollars ($5 OOOj by a covered individual entered into with any municipal officer of the City of Kenai; (10) If a covered individual as defined in KMC 1.85.070{b) is a sole proprietor ar a member of a partnership ar limited liability company, or a shareholder in a corporation or a professional corporation in which the covered individual holds a controlling interest, or the owner of a controlling interest in another business entity, then the disclosures required by KMC 1.85.020 apply to the covered individual's sole ew 2'exE Underlined; [DELETED TEXT BRACISETED) -46- Ordinance No. 2366-2008 Page 3 of 3 proprietorship, partnership, limited liability company, corporation, professional corporation, or other business entity. (c) The statement shall be filed on a form prescribed by the City Clerk and approved by a resolution of the Kenai City Council PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTF,ST: Carol L. Freas, City Clerk Introduced: December I7, 2008 Adopted: January ?, 2009 Effective: February 7, 2009 New Text Underlined; !DELETED TEXT BRACKETED) -47- Suggested by: Administration CSTY ~F I{ENAI ORDNANCE Nm. 23fa7-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF IiENAI, ALASKA; [1] REDUCING ESTIMATED REVENUES AND APPROPRIATIONS BY $156,442.60 IN THE GENERAL FUND NON-DEPARTMENTAL FOR TRANSFER TO THE VISITOR CENTER HEATING SYSTEM CAPITAL PROJECTS FUND; (2] AND REDUCING A PREVIOUS APPROPRIATION' IN THE VISITOR CENTER HEATING SYSTEM CAPITAL PROJECTS FUND FOR REPLACEMENT OF THE CENTER'S HEATING SYS1`EM. WHEREAS, the heating system at the City's Visitors Center is failing and needs to be replaced; and, WHEREAS, bids were received and a contract has been awarded that was less than amounts previously estimated and appropriated by Ordiaiance 2359-2008; and, WHEREAS, the excess funds of $166,442.60 are not needed to complete the project and should be returned to the City's General Fund. NOW, THEREFORE, BE iT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1 Estrrnated revenues and appropriations be decreased as follows: General Fund Decrease Estimated Revenues: P>pprapriation of Fund Balance '~ 166,442.60 Decrease Appropriations: Transfer to Visitor Center Heating System Capital Project Fund $166,442.60 Section 2 Estimated revenues and appropriations be decreased as follows: Visitor Center Heatine Svstem Capital Proiect Fund Decrease Estimated Revenues: Transfer from General Fund $165,442.60 Decrease Appropriations: Construction $166,442.60 New Text Underlined; (DELL~TED T~il'T BR4CL~TGDI -48- Ordinance No. 2359-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 2009. PAT PQRTER, MAYOR ATTEST: Carol L. Freas; City Clerk Approved by Finance: ~ __ Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 New Text Underlined; [BELETED TEXT BRACI{EYED) -49- v ~, ~;-. /, Suggested by: Administration CITY QF KENAI ORDINANCE NQ. 2368-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRTATFONS BY $16,016 IN THE AIRPORT FUND AND BY X640,681 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS. WHEREAS, the FAA has approved funding for additional work to be included in the F.uncvay 7rr:pro~rement Project; nom, WHEREAS, the estimated cost of the additional work is $&40,681; and, WHEREAS, the FAA will fund 9S%, the State of Alaska will fund 2.5% and the Airport Fund will provide 2.S%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airoort Fund Increase Estimated Revenues: Appropriation of Fund Balance $16,016 Increase Appropriations: Transfer to Capital Project Fund $16,016 Run~xa:~ Improbement Capital Project Fund Increase Esdrnated Revenues: Federal Grant $608,649 State Grant $16,016 Transfer from Airport Fund $16,016 64 Ei~ l Increase Appropriations: Engineering $86,281 Construction $$$4.400 640 681 New Text Underlined; ~DELETEtJ TEXT SRACICETED~ -50- Ordinance No. *-2008 Page 2 of PASSED BY THE COUNCIL OF THE CITY OF K.ENAI, ALASKA, this 7rt~ day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~~~~-- Introduced: December 11, 2008 Adopted: January 7, 2009 Effecfive: January 7, 2009 New Text Underlined; [DELETED TEXT BRACKETED) -51- 66^ _ _ .+a~y ey,1S_ - ~nI GV1+4~YN a\+/~ Nnr~/ 'j,GT BM E6/w.v/' .~. i~.mnuovd ~. ~i~~1 {~~,ALASKA ~fi'~ FELEPHONE X7,2$3.7959 FAX ~'7-2833?37 I • To: Rick Koch -City fU~anager ~~~"j ' From: Mary Bondurant-Airport Manage Wayne Ogle -Public Works Directo da4e: December 10, 2008 >ubjec4: Airport improvement Pr©fects In September 2007, the Airport Manager, City Engineer, and Wince-Corthell- Bryson met with the FAA to identify several improvements that were felt to be incidental and eligible for funding through the existing Runway Safety Grants. These grants have an additional 15% available in contingency dollars for such projecfs and construction overruns. Projects idenfified as "safety, lighting, and pavement rehab" could be funded with contingency dollars. The FAR agreed to fund the improvements (see attached) and several improvements proceeded to change order's that have been completed. Contingency dollars are still available and the airport would like to proceed with these improvements: Genera! Aviation Lighting -Engineer's estimate $450,000 Drainage/Grading -Engineer's estimate $150,000 *`This project was included in an RFP to the prime contractor but was dropped due to excessive mark up. The FAA indicated a standalone project could be approved subject to available funding. The taxiway lighting in the general aviation area is a continual maintenance problem. Some of this light system is up to 40 years old; the regulator is over 28 years old. The drainage in this same area is very poor -52- Mue'icipal Airport due to sand buildup and drainage deficiencies in the taxiway safety areas. The sand buildup contributes to standing water on the light system which eventually gets into the light cans causing outages. An outage takes out ail taxiway lights in the general aviation area and a portion of main taxiway foxtrot. Troubleshooting and repair takes several days. This project will be setup with the lighting as the basic bid and the drainage/grading as an additive alternate. This project is approved for 95% FAA reimbursement {see attached}. 2. Obstruction Glearing -Engineer's estimate X50,000 Recent mapping during "the Airport Layout Pian (ALP} process identified tree obstruc#ions in the approach and departure paths. These obstructions into the airspace can impact approach minimums and departure procedures and could affect airport operations particularly during the vrinter. Wince-Cortheii-@ryson has prepared scaled details far the FAA and requested advice on what impacts may occur. The Migratory Bird Act requires that any necessary clearing be completed by May 15i or after July 15. This project is approved far 95% FAA reimbursement (see attached). I recommend these improvements and appropriating funds from the Airport Fund to the Runway improvement CapitaF Project Fund. The City submits monthly reimbursement requests to the FAA far the initial grant monies (95 o) and payment is received in 30 days ar less. Contingency funded projects however are funded up front t;y the City and reimbursed to the City when the grant is closed out. These projects are anticipated to be bid in February 2009 with construction over the summer and the grant closed out in September of 2009. The FAA will amend the grant up to 15% for the additional improvements and the Gity will receive reimbursement from the contingency fund. The State will also amend their matching grant upon receipt of the closeout documents and payment will follow. The Airport and City staff and Project Engineer are closely monitoring project costs to ensure we do not exceed the 15% contingency limitations. Attachments -53- Mary Bonduranfi From: eric.g. helms@faa-gov Sent: Monday, November 24, 2008 9:21 AM 70: Gasey Madtlen Cc: 'Jan Taylor'; 'Mary BonduraunY; 'Wayne Ogle' Subject: RE: 2D06 Grant Close out - Kenas Casey No problem with the scope or facets of the work. I agree that the obstruction clearing holds higher priority than the lighting. I will again caution that the amendment Eimitation is 15°!o so please do not commit to mae than car. be funded. G. Eric Helms Project tsanager Alaska Region Airports Division AAL-622 907-271-5202 "Casey Madden" acmadden~wtbalaska.coms 11/20!2008 08:63 PM To Eric GHelms/AALIFAA@FAA cc "'Jan Taylor"' <jtaylorGmG.kenai.akus>, "'Mary Bontluraunt"' <mbnntlurant@ci.kenai.ak.us>, "'vVayne Ogle"' <wogle@ci.kenai.ak.us> Subject RE: 2006 Grant Close out -Kenai The City wi!I be processing the Final Pay Estimate and we are looking at closing out the 2006 grant by mid December while holding Yha contract open over the paint withholding issue unfit Spring when we will close out the 2007 grant. VVe will be closing out work items totaling the 2006 grant plus 15% to pick up most the change orders to date. !t appears there would st?II be funds available in the 2007 grant and together with its corrcingency we might be able fo separatety contract to remove tree obstructions and possibly complete the General Aviation area lighting reconstruction previously approved by Brad but dropped due to the contractors excessive markup an subs. What do you think? The plans era bid ready and there is time to bid the work and complete it early in the summer From: eric.g.helms@faa.gov [mailto:ericg,helms@faa.gov] Sent: Thursday, November 2D, 2008 9;07 AM To: Casey Madden Subject: 2006 Grant Close out -Kona( Casey, Just touchjng base to see how the close out preparation is coming. The last draw on Kenai 2006 grant, 3-02-D142-035-2008, was back in August of 2007. The Zack of accounting activity for -54- 12 months places the grant on an "Inactive" list at my Division level, Once the lack of activity hits 18 months, it pops up on the radar at our HQ level in Washington DC. I know the circumstances as well as the fact that there is an impending close out and amendment. There is no problem with the reporting but if possible I would like to get the close out processed before it hits our HQ "Inactive" listing at 18 months. It is self serving, but the extra scrutiny and reporting when it hits 18 months is a bit of a pain. Much appreciated, G. Eric Helms Project Manager Alaska Region Airports Division AAL-622 907-271-5202 "Casey Matlden" <cmadden@wc6alaska.com> 10/31/2006 0'1:32 PM Thanks Eric To Eric G HeimWAAUFAA@FAA cc Suhjecl RE: Kenai Close out Prorcc: eric.g.helms@faa.gov [mailto:eric.g.helmsCfaa.gov] Sent: Friday, October 31, 2008 1:22 PM To: Casey Madden Cr. 'A. E. Goodrick" Cary Graves; Don Douglas; 'Ian Taylor'; 'Mary Bonduraunt'; 'Wayne Ogle' Subject; RE: Kenai Close out Casey, On the tree cutting, provided it stays under 100k, no problem from this end with using sma(I procurement procedures for the clearing. I agree if is a better approach than adding to the QAP contract and eating the additional overhead and profit layer I reviewed your breakdown between the FY06 and D7 grants. Please proceed with close out of the FY06 grant. f also agree with the scope and items proposed for the change order Please let me know when you have complefed your negotiations and any pricing implications. Thank You, -55- i ~~\ _ --= Eke utv of l/ Suggested by: Administration CITY QF I{ENAI 01'dT3INANCE N0. 2369-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS SY $140,000 IN'PHE CONGREGATE HOUSING ENTERPRISE FUND AND THE CONGREGATE HOUSING CAPITAL PROJECT FUND FOR WINDOW REPLACEMENT AT THE CITY'S VIA?TAGE POINTS MANOR CONGREGATE HOUSING FACILITY. WHEREAS, ccnndaws from original construction at the City's Vintage Faisite Manor Congregate Housing Facility have reached the end of their useful life are need of replacement; and, WHEREAS, replacement of these windows is in the best interest of the City to assure tYte facility remains in good operating conditian; and, WHEREAS, the new windows will provide for a more energy efficient facility; and, WHEREAS, funds are available in the retained earnings of the Congregate Housing Enterprise Fund. NOW, THEREFORE, BE IT ORDAINED SY THE COUNGIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriatians be increased as follows: Conere~ate Housing Enterprise F~xnd Increase Estimated Revenues; Appropriatiar, of Retained Earnings $140,000 Increase Appropriations: Transfer to Congregate Housing Capital Projects Fund $140,000 Congregate Housing Capital Projects Fund Increase Estimated Revenues: firansfer from Congregate Housing Capital Projects Fund $140,040. Increase Appropriations: Construction ~ 140,000 ivcw iexc unuerunen~ (llGLAJTEU TEXT BRACKETEB] -56- Ordinance No. *-200$ Page 2 of PASSED $Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ S`~-.~~~. Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 new Text Underlined; jllELETED TEXT BRACFSETED) -57- rr~ll ra/R ~' ~UC8~1 G~ ~~ t' drtlCr~ tt FGtuYe r h~ny 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ Telephone: {907} 283-7535, Ext. 236 /FAX: {907) 283-3014 ,~I~~r FROM: Wayne Ogle, Public Works Director l7ATE: 11 December 2008 SUBJECT: CONGREGATE HOUSING; FUNDING FOR WINDOW REPLACEMENT PROJECT Rick, I recommend the $140,000 increase to the Congregate Housing Capital Projects Fund to support the project to replace the building's original wood casement windows. This project will replace windows which are at the end of their useful Eife. Residents have experienced difficulty using the open/close mechanism by not being able readily open windows or close them for a tight seal. Also, replacement p....,, ..,. arts fnr±he mechanisms have also been difffcuit fO Obtain. The new WIndOWS Wlli be highly energy effioient and low maintenance will hold down operating costs. During our condition survey of all the Congregate Housing by the Building Official and the City's Lead Building Maintenance foreman, the condition of these windows received many negative comments from the residents. Most of the comments on the condition of the windows were directed at problems working the mechanisms and the drafts from poor window seals. This project will help ensure the Congregate Housing remains in good operating conditians for the residents. -58- Rr~~, Suggested by: Administration .- t~'°~~h'°T CITY OF KENAI KERIA~ SKA ORDINANCE NO. 2370-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,000 IN THE GENERAL FUND FOR POLICE OVERTIME EXPENDITURES. WHEREAS, Drug Abuse Resistance Education (DARE) is a valued crime prevention program taught by police officers to youth in Alaska; and, WHEREAS, the DARE State Coordinator's Office agreed to pay the Kenai Police Department $2,000 for the services of Kenai Police Officer Kelly George to act as a DARE mentor for atwo-week DARE Officer Training class September 29 -October 10, 2008 in Anchorage; and, WHEREAS, during Officer George's two-week training commitment the Kenai Police Department had to pay other officers overtime to help cover shifts. 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: Miscellaneous Revenue $2,000 Increase Appropriations Pnlioe -Overtime ~'^ ^^^ a~,~~~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 -59- x - ~ Suggested by: Planning 8v Zoning CL2`Y QF KENAI NO. 237I-2®~8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAT, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING THOMPSON PARK BERGHOLTZ (PRELIMINARY PLAT) CONSISTING OF APPROXIMATELY 1.96 ACRES FROM RURAL RESIDENTIAL AND SUBURBAN RESIDENTIAL TO SUBURBAN RESIDENTIAL. WHEREAS, the owners of this property are in the process of replatting this property and as result of that plat asplit-zone was discovered; ard, WHEREAS, having asplit-zoned parcel creates problems for Land use planning; and, WHEREAS, the Planning and Zoning Administration recommended and the Commission concurred that prior to recording the final plat, a rezone should be initiated to eliminate the split-zone situation; and, WHEREAS, the owners of this property have initiated the request to rezone the property; and, WHEREAS, the property is currently zoned Suburban. Residential 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 Suburban Residential zone would accommodate the existing land uses on the property and allow for further development; and, Vi/HEREAS, the request is to rezone the parcel to Suburban Residential; and, WHEREAS, rezoning the property would enlarge the adjoining Suburban Residential zone; and, WHEREAS, the rezone will eliminate a splzt-zone situation; and, WHEREAS, the Planning and Zoning Commission held a public hearing on December 10, ?00& and voted unanimously to recommend the properties be rezoned; and, 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 Suburban Residential zone {RSj. New Text Underiined; ~DELF,TED TEXT BRACKETED; -60- Ordinance No. 2371-2008 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAI'OR ATTEST: Carol L, Freas, City Clerk Introduced; December I7, 2008 Adapted: January 7, 2009 Effective: February 7, 2009 New Test Underlined; [DELETED TEXT BRACKETED] -61- 4 ~~~r s, CI'$'I' OT KENAI PLANNING ANI2 Z®NL'+tG COIVIIVIISSI®N IiF;SCeLUTION N®. r~os-~a Ia~~aN~ P~IZIVIra~ A RESOLUTION OF THE PLAiv`i`tING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Michael Bereholtz and 'Peggy Gill Thomnson ADDRESS: 4040 and 4010 Lupine Drive, Kenai Alaska 94611 LEGAL: Preliminary Plat -Thompson Park Subdivision - Ber~holtz Replat No 2 PARCEL #: 04907023 04907024 04907004, 04907005. 0490706 04907019 and 04906006 WHEREAS, the Commission finds the following: 1. The subject property is currently coned Suburban Residential & Rural Residential 2. The present land use plan designation is Rural Residential 3. The proposed zoaaing distriet is Suburban Residential 4. An appropriate public hearing as requis•ed was wnducted December 10.2008 5. That the following additional facts have been found to exist: a. That the proposed rezone will eliminate asplit-zone situation created by the preliminary plat. b. Recommend. a~ezone effective upon recording of the prelimhxary plat. 6. Applicant must camply with all Federal, State, and Iocal regulations. NOW, THEREFORE BE I'I RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned b2EZf9I~'I1VG of Prelimncnarv Plat - Tleontpson Park S~abalivision - Per~lnolta. I2ea~lat No. B is hereby recommended to the Kenai City Council PASSE+Jd I~I''I'I-IE PI,AI~I®TIl®'G A1NI> Z®NII®TG CG1VfiIVIISSIGN GF `I'IIE CIT'I' fBI+ KEl®TAI, ALASKA, IBi!/+ CEIYIBEIB 10, 2008, ~E CIiAI-ZPEIZSQN~ ®A1"FES1•.` rff ~''~~~,~.~~..._ ~ ~~ , -62- Ordinance No. 2371-2008 Prapcsed F~ezone -Attachment A -63- Conservation ~ General Commercial Rural Residential ~ Suburban Residential 2 Limited Commercial Light Industrial ~] Rural Residential 7 ®Urban Residential. Central Mixed Use Heavy Industrial Suburban Residential ~ Historic Townsite Central Commercial Recreation Suburban Residential 1 Education Suggested by: Planning & Zoning CITY f7F KENAI C?RDINANCE NO. 2372-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING KENAT MUNICIPAL AIRPORT - FLOAT PLANE BASIN REPEAT (PRELIMINARY PLAT) APFROXIMATELY 162 ACRES WITHIN THE AIRPORT RESERVE IN THE CITY OF KENAI FROM CONSERVATION AND RURAL RESIDENTIAL TO LIGHT INDUSTRIAL. WHEREAS, the City of Kenai is replatting this property to prepare for future development of the Float Plane Basin; and, WHEREAS, the plat creates asplit-zone situation; and, WHEREAS, having split-zoned parcels creates problems for land use plaiu7ing; and, WHEREAS, the Planning and Zoning Administration recommended and the Commission concurred that prior to recording the final plat, a rezone should be initiated to eliminate the split-zone situation; and, WHEREAS, the City of Kenai has initiated a request to rezone the property; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal Aviation Authority lFAAI authorized uses; and, WHEREAS, the Airport Commission unazlimously approved resolution AC2008-0 l requesting the Council initiate a rezone of airport properties within the Airport Reserve; and, WHEREAS, the area to be rezoned includes parcels zoned Rural Residential (RR} and Conservation (Cj; and, WHEREAS, the rezoning to Light Industrial would permit uses as aIlowed by the Federal Aviation Authority (FAAj and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing an December l0, 2008 and voted unanimously to recommend the properties be rezoned; and, 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 Light Industrial zone (IL). New Text Underlined; (DELETEB TEXT BRACKETED) -64- Ordinance No. 2372-2008 Page 2 of 2 NOW; THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: February 7, 2009 New Tent Underlined; (DELETEll TEXT SRACKLTEDI -65- .,,;s ~_~ CITY OF ICENAI PLANNING 4NI3 ZONII°dG CG1vIMISSION RP;S®LI;`CION NO. P'Lt18-62 REZONE PEdtMIIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch. Citv Manauer City of Kenai ADDRESS: 310 Fidal~o Avenue. Kenai AK 99611 LEGAL: See Attachment A PARCEL #: Portion of 04318041 04107.014, & 04101006 & alI of 04101010 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation & Rural Residential 2, The present land use plan designation is Airport Industrial &Airport-Dependent Develonment District 3. Tha proposed zoaeiaxg distract is IL-Licit Industrial 4. An appropriate public hearing as required was conducted December 10. 2008 5. T:.at the following additional fads have been found to exist: 6. Applicant must comply with alt Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Kenai Municipal AirporC-Float Plane Basin Replat as shown on Attachment A is hereby recommended to the Kenai City Council. PA95F,dI I$Y T, dIE I'I.ELitTNING ANI} ZONF_NTG COII'IIVII3SION OI+ TFIE CITY OP' I{ENAI, ALr~.SICAy fl3ecexnber b0, 200&. n { 6 a3 ~ ~ "k =. ~ ` CFIAIRI'ERSON:~ ~ Y ~_~-~d ~ ATTEST: _~~~'ll~,' ; ~Aa.,.s~' ~. ~ ~ 1 -66- Ordinance No. 2372-2008 -67- Conservation ~ General Commercial Rural Residential '~ Suburban Residential 2 ,~ Limited Commercial Light Industrial ~ Rural Residential 1 ®Urban Residential Central Mixed Use Heavy Industria! Suburban Residential ~ Historic Townsite Central Commercial Recreation Suburban Residential 1 Education ~~±1b PUCy A ~..~. Y SJA.% -...,, °F^~°~`~ STATE OF ALASKA DEPARTMENT of TRANSPORTATION & PUBLIC FACILiT4ES CENTRAL REGION IViEM®RAh1DUM CiF AaGREE19AlENT Federal Project No: State Project Ne: 59774 Project: Various Raad Improvements in the ~it~r of Kenai SAFETEA-LU Earmark, Sec. 1702, No. 3683 This AGREEMENT is made and entered into this _ day of , 2008 between the State of Alaska, acting by and through the Department of Transportation and Public Facilities, hereafter called the DEPARTMENT, and the City of Kenai, acting by and through the Office of the City Manager, hereafter called the CITY. The DEPARTMENT and the CITY, in the interest of the public, propose to improve project area traffic capacity and connectivity, enhance safety, improve drainage, and extend the existing water utility for future development of adjacent parcels, hereafter referred to as the PROJECT. The DEPARTMENT and the GiTY do hereby agree to the following: 1. SCOPE OF WORK The PROJECT will extend the improvements along Baron Park Lane from the end of the existing roadway at Lowes north to the intersection with HEA Access Road. HEA Access Road will be rehabilitated and paved from the Baron Park intersection to Marathon Road. The improvements to both roadways will include grading, drainage, curb & gutter, paving, signing & striping, illumination, and water line extensions. The preliminary engineering /design of the PROJECT is being accomplished by a private consuifant (Contractor) selected by the CITY in accordance with the DEPARTMENT's approved procedures. AH preconstruction costs for the PROJECT are being paid for by the CITY. The CITY will complete all preconstruction work products on the PROJECT in conformance with the DEPARTMENT's Preconstruction Manual and Federal Highway Administration (hereafter FHWA} requirements. This includes al# applicable phases ProjectName» Memorandum of Agreement Pagel -68- such as location, environmental, utilities, right of way, and design. All work for this project is in accordance with the established or accepted standards of the State of Alaska and the DEPARTMENT. The DEPARTMENT will review and approve all preconstruction work products. The PROJECT is located within CITY-owned right-of-way that is presently maintained by the CITY. The CITY shall administer, operate and maintain the PROJECT for the design life of the facility. 2. FUNDING Congress authorized in SAFETEA-LU (Public Law 109-59), a Section 1702 High Priority Project earmark for a project titled "Various Road Improvements in the City of Kenai" in the amount of $1,000,000 with a local matching fund requirement of 9.03%. The appropriation is expected to be reduced by 15°I°. The project is appropriated at 20% per year, from FFY'05 through FFY'09. a, Obligation Authority: The federal-aid amount available from FFY'05 through FFY'08 is $680,000, a.td the amount expected in FFY'09 is $170,000. The CITY will provide obligation authority (OA) to the project to advance of the FFY'09 appropriation {total amount is $170,OOD} so that total earmark funding wilt be available to the PROJECT at the time of contract award. This OA is made with the understating that the full amount will be reimbursed to the CITY as the funds become available in FFY'09 b. Local Match The CITY agrees to provide $84,374 to the DEPARTMENT to fulfill its local match obligation. The total available federal-aid funds to this PROJECT are fixed and are anticipated to be fully expended to complete the PROJECT, therefore this amount does nvt include a Contingency fur balancing potential cost overruns in the fine! project cost. c. Additional CITY Contribution The CITY agrees to provide additional funding to cover bid and construction contingencies. This amount will cover the potential for the low bid being higher than the engineer's estimate and for possible cost overruns and change orders during construction. This amount cannot be increased except by an amendment to this agreement. The CITY agrees to provide additional project funding beyond this amount, if required, to cover mutually agreed upon, approved cost overruns and Change Order expenses. Upon PROJECT completion and final PROJECT closeout, actual Construction Phase cost will be compared to the total construction funding available to the PROJECT through this Agreement. Any excess funds remaining in the Additional CITY Contribution shall be refunded to the CITY. d. Summary aProjectName» (vlemorandum of Agreement Page 2 -69- Federal Funds and Match A uthorized ~ Federal Funding Estimated Actual Federal Cit Y Source Federal ~ Federal Amount Match Total match Amount through FFY 2009 Rate SAFETEA-LU Sec ~ i i ! i 1702. No. 3683 I st.0oaooo sasn nnn I can q~o~ pan awe ~ xo~n ~~~ ! AIf funds designated in parts a. b. and c. shall be appropriated to the DEPARTMENT prior to contract award. Total CITY payments due prior to contract award are summarized as follows: GITY Funds Obligafion Authority Loca! Match Total: $ 170,600 (reimbursable) $ 84,374 $ 254,374 e. The federal funds and match shall be reduced by the DEPARTMENT's indirect Cost rate of 4.66%. The CITY's funds shall be reduced by the DEPARTMENT'S Indirect Cost rate of 4.66. The DEPARTMENT's Construction Administration rate is estimated fo be 8% of the construction contract amount, as awarded. 2. RIGHT OF WAY and UTILITIES The CITY will certify that adequate right-of-way exists to contain the PROJECT and its construction. The CITY will acquire or dedicate right-of-way as necessary to accomplish certifiication for the use of FHWA funds. The CITY will coordinate with the appropriate utility companies and prepare any necessary utility agreements covering the disposition of utility facilities. The design and constr~~ction of utilities required by the PROJECT will be accomplished by the appropriate utility company on a reimbursable basis. 3. PROJECT MANAGEMENT The construction contracf wi[I be between the DEPARTMENT and the construction contractor. The DEPARTMENT's Construction Project Manager is in responsible charge, and will monitor the contractor's work and progress through the DEPARTMENT's on-site Project Engineer for the duration of the PROJECT through final records approval. All additional project staff shall be provided by the City at no direct cost to the project. The CITY's Project Manager shall also designate a CITY PROJECT person to act as the CITY's On-site Coordinator (OSC) and to represent the CITY. Slhe shat! be the single-point-of-contact between the DEPARTMENT's Project Engineer and the CITY. This person shall be responsible for keeping all branches of the CITY informed of any increased bid quantities or potential contract changes that could adversely affect the a ProjectName» Memorandum of Agreement Page 3 -70- contract price or the functionality of the facility after final acceptance by the CITY. After the OSC has briefed the CITY, the CITY's Project Manager will prepare a Letter of Non- objection to be appended to the contract change document. 5. INDEMNIFICATION The CITY shall hold the DEPARTMENT, its officers, employees, and agents {collectively "the DEPARTMENT"} harmless from and defend and indemnify the DEPARMENT for liability, claims, or causes of action arising out of this AGREEMENT or relating to the property and facilities being deeded and the obligations being assigned. 5. TERMINATION ff due to changed circumstances, the DEPARTMENT or the CITY wishes to terminate this Agreement prior tc its completion, the initiating party shall nctify the other party in writing of its reasons for requesting early termination. This request must be made at least fifteen (15) days prior to the proposed termination date. If both parties agree that it is in their mutual best interest to terminate this Agreement early, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become the DEPARTMENT's property. If the Agreement is terminated as provided herein, the CITY shall be reimbursed for these actual expenses not otherwise reimbursed under this Agreement which were incurred by the CITY during the Agreement period and which are directly attributable to the CiTY's performance of this Agreement. If the Agreement is terminated as provided herein, the DEPARTMENT shall also reimburse the CITY in honoring convenience termination clauses in the Agreement with its contractors as long as these clauses conform to the standard convenience termination clauses used by the DEPARTMENT for similar type contracts. ProjectName» Memorandum of Agreement Page 4 -71- AGREED and SIGNED BY: CfTY OF KENA( Approved: City Manager Or Authorized Designee Fund Certification: Date DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES Recommend: James Amundsen P.E Project Manager Central Region Approved: Date Date Gordon Keith, P.E Chief Fiscal Officer Regional Director ProjectName» Memorandum of Agreement Page 5 -72- Date ~` ~>~l~~~e wit~i ~ Post, Gi~ wit~t ~ Fr~tuYe" ~~ ~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~ !1 ~, -= Telephone: 907-283-7535 /FAX: 907-283-3014 (~ 1997 fire ~c~'yuf KENA~ SKA MEMO: TO: City Council FROM: Rick Koch DATE: December 10, 2008 SUBJECT: HEA Access Road & Baron Park Lane Upgrade & Construction The purpose of this correspondence is to discuss the above referenced project and. recommend Council approval of the proposed Memorandum of Agreement {MOA) between the Alaska Department of Transportation & Public Facilities (ADOT/PF) and the City of Kenai. This project will provide an alternative route from Marathon Road to the Kenai Spur Hlghu`ay {HF.A AccesslRarnn Park/A,rporr ~7ay) Berl, ugA Access Road u,:,d Baron Park Lane are platted. right-of--ways. HEA Access Road is currently a gravol roadway. A portion of Baron Park lane was constnicted by Lowes Home Improvement and the major7ty is presently unin2proved. The City of Kenai received a federal earmark for $ 1 million for various Road Improvements in the Cityy of Kenai {Congressman. Young was the Chair of House Transportation at this time) beginning in FFY05. The FHWA appropriation was reduced internally by 15%, resuhing in an effective appropriation to the City of $ 850,000. The appropriation came from the federal. government as $ 170,000 nor year beghnung h~ F'FY05 through FFY09. ADOTIPF is the conduit for FHWA funding to Alaska and as you are aware ADOTIPF's policy is to 1VOT' pass through FHWA funding to the named recipient, but to administer the project themselves. The City's position was that ADOT/PF should pass through the FHWA funding via a reimbursable services agreement {RSA). The City was unsuccessful in getting A.DOT/PF -73- to agree. After much discussion and negotiation with ADOTlPF a compromise was reached, and the terms are contained in the MOA. The federal appropriation. requires a local match. of 9.03% of the total project funds (including local match) of $ 934,374. The MOA also requires the City pay far design and a project inspector. The Iocal match will be funded by a State Grant (09-DC-214). The funding ana]ysis is as fol]ows: Project Component Federal Funding Local Match Totals I SAFETEA=LCJ Sec. ~ ADCCED Grant 1702, No. 3683 09-DC-214 Design $ 0 $ 81.,787 _ _ $ 81,787 ADOT/PF Indirect $ 39,610 $ 3,948 $ 43,588 ~ Costs (4.66°/a ~ ~ Project ~ $ 65,886 $ 40,000 I $ 105 886 ~~ Management ~ Constru_c_tion $ 744,504 $ 80,326 $ 824,839 Totals $ 850,000 $ 206 061 $ 1,056;061 Tf the FFY09 funding of $ 170,000 has not been received by ADOT/PF by the time construction is midertalcen the City will need to provide the funding and. will be reimbursed when funding is received by ADOT/PF. 'T`here is sufficient funding in the ADCCED grant For this purpose if necessary. The project is scheduled to be bid in Mu•eh-Apri12004 with construction begimring in May 2009, and project completion by September 2009. if YOA 1~wS.any gUeSts4nS pease Ccntaot me at y^v i[T Cvnveni Tice. -74- I°T ~` ~I I L 'I` PROBLEM: The various aspects of the fishing industry have always been a large (significant) part of both the quality of life and economy of the City of Kenai. Ten years ago, three of the top ten taxpayers in the city were seafood processors. Today, the processors are absent from that list. The city and fishing industry have changed over the past 30 years. There has been no effort to understand that change and determine how best the city of Kenai can participate in ensuring the long term health of fisheries so various sectors of local industry that depend. on fish can continue .their businesses or so that city residents and guests can enjoy local fisheries in the long term. ISSUE: The Kenai City Council seeks uzformation and opinions from experienced Leaders in various sectors of the local fishing industry in order to guide the Council in determining the best direction to develop policy, positions and action steps to ensure the long term health of the local fishing industry. METHOD; The Mayor will identify various representatives of the local fishing community and industry to serve on a commission to provide a written product to give guidance, direction, and recommendations to the Council to support the local fishing industry. The Council will ratify the appointments to ensure the entire Council can go an record to support the effort. Commission Objectives: 1. Collect and distill information that provides a common history of the role of the fishing industry in the City of Kenai, i.e. economic activity, relative importance to Kenai, etc. 2. Identify current trends in fishing in the City of Kenai (commercial harvest and processing, sport, and other fisheries, environmental, regulatory). 3. Identify trends in state management that directly impact the fishing industry and, by extension, City of Kenai fish-related industry (tax base, employment base, investment, etc.) 4. Identify current threats facing the fishing industry and how those threats might impact City of Kenai interests. S. Recommend action steps the City of Kenai might consider to ensure the long term ~~iability of the local fishing industry. Timeframe {short): _75_ January 2009 to March 2009 -- pbjective is to have information/recommendations prior to management/city decisions made for the upcoming season. State Legislature could/should look to City for guidance or positions on Task Force recommendations. Goat: The Council will have a common body of information agreed to by locals experienced in local fisheries to utilize in poficy mal,-ing decisions and positions in order to more responsibly participate in policy issues related to local fishing issues. Potential Participants: L Commercial fishing (drift, set) 2. Processing 3. Spart 4. Support industry 5. Tourism 6. Chamber of Commerce 7. Other -- at large 8. Council representative 9. Kenai Peninsula Economic Development District 10. KEDS Strategy City will offer staff and meeting support for the commission. The Mayorf Council will formally request the suppart of the Alaska Department of Fish & Game with access to department data and department personnel. 12/4/08 -76- C[TY OF KENAI SALIViCON TASK FORCE Individuals /organizations expressing interest/commitment in participating: - JAMES BUTLER Ill-SET NETTER/CITYT(DELAND LEASE HOLDER - ROBERT SC07T-CEO SALAMATOF SEAFOODS INC./CITY LEASE HOLDER - I<EN TARBOX-RETIRED ADF&G BIOLOGIST - DWIGHT KRAMER-PRESIDENT, KENAI AREA FISHERMANS COALITION-Joe FISHERMAN - PETER MICCICHE- MAYOR CITY OF SOLDOTNA - ROBERT RUFFNER- KENAI WATERSHED FORUM - JOHN TORGERSON- KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT - ROSS HARDING- RIDDLES FISHING LODGE, ANGLER DRIVE Not confirmed but wanted: - KENAI CHAMBER OF COMMERCE - KENAI ECONOMIC DEVELOPMENT STRATEDGY GROUP - NATIVE COMMUNSTY REPRESENTATIVE -77- I~ENAI HARBOR COMMISSION MEETING DECEMBER 8, 20m8 CITY COUNCYL CHAMBERS a:oo P.M. AGENDA ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING 5UM Y -November 10, 2008 ITEM 4; PERSONS SCHEDULED TO BE BEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Dlscrission - r Y2G 10 Budget YTEM ?: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTSIOUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of ATOVember 5 and l9, 2008. ITEM 11: ADJO'U'RNMENT _78_ KEN'ALogR Cg4O8MMppIS/S~[[I~~O//yyP~~I9 MEETAVG DECEMSSER 4, 2i.iV0 CITY COUNCIL CHAMBERS 9:0(i P.M. CHAIR TOM THOMPSON, PRESIDII+iG MEETING SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: ~OmrPlBcionF+rg nrecan t: P. Mar+n, ~. ~Sllarn ~'-. Faste ~ Poynor D. Cr° r- ~ .,.ga.^,~, T. Thompson, R. Peters Others present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Council Member H. Smalley A quorum was present ITEM 2: AGENDA APPROVAL MOTION: Commissioner Poynor MOVED to approve the agenda with the addition of Angie Parrish under Persons Scheduled to be Heard. Commissioner Peters SECONDED the motion. There were no objecflons. SO ORDERED. ITEM 3: APPROVAL OP MEETING SUMMARY -November 10, 2008 MOTION: Commissioner Poynor MOVED to approve the meeting summary of November 10, 2008 and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Angie Parrish, Caring €or the Kenos Project -- Reported she would be including the drift boat pull-out as part of her project, noting she had contacted Jack Sinclair with State Parks who suggested she contact Representative Kurt Olsan, and asked for suggestions on other key players to contact. The Commission suggested the fallowing: • Kenai River Special Management Association + Kenai Watershed Forum • Kenai River Sports Fisherman • Representative Mike Chenault + Senator Tom Wagoner ITEM 6: OLD BUSINESS -- None _79_ ITEM 6: NEW BUSINESS ~-a. Discussion - FY20I0 Budget Frates reviewed a draft FY10 budget and noted significant changes based on administration recommendations. No further changes were recommended at this time. ITEM 7: REPORTS 7-a. Director -- Frates reported Kenai Welding would be continuing a>ork on the bird viewing platform and briefed the Commission on the North Beach Restoration progress, 7-b. City Council Liaisou -- Council Member Smalley noted his pleasure to be working with the Commission and reviewed the Council's recent actions. ITEM 8: COMMISSIONER COMMENTS/(TUESTIONS Gregory -- Expressed his happiness c~~ith the City's direction and efforts with respect to the drift boat pull-out, beach restoration and protection, and the bluff stabilization project. He noted he would be resigning due to moving from the area. Commissioners -- Thanked Gregory for his service and welcomed Smalley as the Commission liaison. Thompsan -- Inquired about the status of a bridge for Meek's Trail and the status of KRSMA boundary. Mori!? -- S11A Pete d la~inn tl~e KRSMA board°'"" as a discussion iteiu un ttie ag--- p __-._~, .. ,..y January meeting agenda. ITEM 9: PERSONS NOT SCHEDULED TO SE HEARD YTEM Y0: INFORMATION 10-a. Kenai City Council Action Agendas of November 5 and 19, 2008. ITEM 11; ADJO'U'RNMENT MOTION: Commissioner Osborn MOVED to adjourn and Commissioner Gregory SECONDED the motion. There were no objecfions. SO ORDERED. HARBOR COMMISSION MEETING DECEMBER 8, 2008 PAGE 2 -~~- There being no further business before the Commission, the rneedng was adjourned at approa:imately 8:05 p.m. Meeting summary prepazed and submitted by: Lorene Hall, Deputy City Clerk HARBOR COMMISSION MEETING DECEMBER 8, 2008 PAGE 3 -81- KENAY LLBRARY c~MMYSSaoN KENAI COUNCIL CHAMBERS DECEMBER 2, 2008 7:00 P.M. AGENDA ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPRO'i1AL YTEM 3: ApIsRO`VAL OF MEETING SUMMARY -November 4, 2008 YTEM 4: PERSONS SCHEDULED TO BE HEARD a. Yravited Legislators -- State Law AS 14.56.355-56 b. ECI/HYER Architects -Proposed Library Expansion YTEM 5: OY,D BUSINESS ITEM 6: NEW BUSINESS a. Discussion -Budget Preview FY10 ITEM 7: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/C1UESTYONS YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM Y0: YNFORMATYON a. Kenai City Council Action Agendas of November 5 and 19, 2008. ITEM Y I: ADJOURNMENT -82- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS DECEMSER 2, 2008 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING ITEM I: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, E. Bryson, R. Peters, C. Brenckle Commissioners absent: M. Graves, C. Cook Others present: Library Director M. Joiner, Council Member M: Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTEON: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- November'4, 2008 i~!9'PFE4N• Commissioner Peters MOVED to approve the meeting summary of November 4, 2008 and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Invited Legislatars -- State Law AS 14,56.355-56 Chair Bryson thanked the legislators for the $1 miIIion they allocated to public improvements far the City of Kenai last yeaz; X250,000 of which went to the library. Bryson urged support of AS 14.56.355-356 and requested a similar appropriation of $1 million be allocated this year. Mary Jaaksan, Aifle to Senator Waganer -- Reported the Senator was doing well, that he supported and preferred allocations in lump sums so cities could decide what to fund, and noted funding the new law might best be accomplished by approaching the Governor. -83- Commissioner comments included: • Inquiry if Representative Chenault would have more influence as Speaker of the House. Jackson stated she expected he would be vocal in his support. • Inquiry about the regulations the Department of Commerce needed to write. Jackson defined the process a division might take in defining regulations. • Inquiry if the statute precluded requesting funds for the library from the Legislature. Jackson stated she did not believe it would. • Inquiry if funding would be unlikely without regulations. Jackson stated she was sure if funding was available, the regulations would be ccnitten, noting all decisions were dependerxt on the price of oil. • Request for a letter to be sent to the Legislators not: present. MOTYON: Commissioner Brenckle MOVED to request Council. write a letter noting the Library Commission appreciates the legislature's allocation of $1 million for public improvements in 2008 and encouraging them to allocate similar funds in this session in order to support and finish the library project Commissioner Peters 5ECONDED the motion. There were no objections. SO ORDERED, 4-b. ECI/EIYER Architects -- Proposed Library Expansion .Brian Meissner, ECIJfTyer Architects -- Summarized the proposed library expansion plans, showed hand-drawn proposed plans, and answered questions from the Commission. ITEM 8: OLD BUSINESS -- None ITEM €s: idE~ BUSINESS 6-a. Disoussion -Budget Preview FY10 Library Director Joiner summarized possible budget requests that may appear in the FY2010 budget. ITEM 7: REPORTS 7-a. Director -- Joiner summarized her monthly report. 7-b. Friends of the Library -- Heus reported on activities of the board, including membership drive and newsletter information. 7-c. City Council Lsaisord -- Boyle noted he was looking forward to working wiih the Commissioners and urged them to contact him when they had concerns. LIBRARY COMMISSION MEETING DECEMBER 2, 2008 PAGE 2 -84- ITEM 8: COMMISSION' COMMENTS/QUESTIONS The Commissioners welcomed Boyle as the new Council liaison, ITEM 9: i~ERSONS NOT SCIiEDIJLED TO BE HEARD -- None ITEM 1C3: INFORMATION 10-a. Kenai City Council Action Agendas of November 5 and 19, 2008, ITEM I1: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SQ ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:55 p.m. Meefing Summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING DECEMBER 2, 2008 PAGE 3 -85- CITY OF KENAI PLANNING c& ZONING COMMISSIOII~ AGENDA CITY COUNCIL CHAtViBERS December I0, 2008 - 7:00 p.m. 1. CALL TO ORDER: a. Roil Ca11 b. Agenda Approval c. Consent Agenda d. xExcused Absences ® Commissioner Romain *Ali items listed with an asterisk (*) are considered to be routine and non-conh•oversial 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. *Novernber 12, 2008 3. SCHEDULED PUBLIC COMMF,NT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ08-59 -Thompson Park -Bergholtz Replat #2 (Replat of Lots 1-A & 1-B Thompson Park Subdivision - Resubdivision of Lots 1-3, Block 4 and Lots 4-6 and NW '/: of Lot 7, Block 4 7'hnmpsnn Perk Subdivision). Plat submitted by Lntegi:tsy Surveys, 8145 Kenai Spur Flighway, Kenai, Alaska. S. PUBLIC HEARINGS: a. PZ08-60 - An application to rezone the property known as Thompson Park -Bergholtz Replat #2 (Replat of Lots 1-A & 1-B Thompson Park Subdivision -Resubdivision of Lots 1-3, Block 4 and Lots 4-6 and NW '/ of Lot 7, Block 4 Thompson Park Subdivision). Application submitted by Michael Bergholtz & Peggy Gill Thompson, 4040 & 4010 Lupine Drive, Kenai, Alaska. b. P708-62 - An application to rezone the properly known as Kenai Municipal Airport - Float Plane Basin Replat (Located within the W 1J2 Sec. 32, SW 1!4 & SW '/< SE ~i4 Sec. 29 T6N, Rl l W, SM, AK). Application submitted by Rick Koch, City Manager, Cify of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZO8-61 -Transfer of Conditional Use Pem7it -Veronica's Coffee Shop - 602 Petersen Way. Transfer requested by Diane E. Hooper, P.O. Box 71, Soldotna, Alaska. -86- 8, PENDING ITEMS: a. P207-25 - Recomrnending Council enact KMC 9.10.015 to require dumpsters be screened on at Least three sides. 9. REPORTS: a. City Council b. Borough Planning a Administration • Draft Ordinance -Setbacks for Commerciat, Industrial and Central Mrxed Use Zones 1®. PERSONS PRESENT NOT SCHEDULED: {3 Minutes) I1. INFORMATION ITEMS: a. City of Kenai 2009 Public Official Financial Disclosure Statement b. Commissioner Reappointrnent letters c. P & Z Commission Application I2. COMMISSION COit~IMENTS & (pUESTIONS: I3. ADJOURNMENT: -87- MEETYNG SITMMARY ITEM 1; CALL T4 ORDER Chair fiwait called the meeting to order at approximately 7:01 p.m., I-a. R@Ll Call Ro11 was confirmed as follows: Commissioners present: K. Rogers, J. Brookma~~, K. Koester, R. Wells, J. Ta~ait, P. Bryson Commissioners absent: S. Romain (excused) Others present: City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member B. Eldridge 1-b. Agenda Approval MOTION: Commissioner Brockman MOVED to approve the agenda as presented and Commissioner Wells SECONDED the moton. There were no objections. SO ORDERED. 1-0. Corisent Agenda MOTION: Commissioner We11s MOVED to approve the consent agenda and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Esscused Ahsences • C@rnmissl@aer R@main Approved by the consent agenda. *All items listed with asi 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 wiIl be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. -88- ITEM 2: *APPROVAL OF MINUTES -- November 12, 2008 Approved by the consent agenda. ITEM 3: SCb'E33ULEI5 PiTBLIC COMMENT -- None ITEM 4a CONSI23ERATION OF PLATS 4-a. PZQ8-59 -Thompson Park -Bergholtz Replat #2 (Replat of Lots I-A & 1- B Thompson Park Subdivision - Resubdivision of Lots 1-3, Block 4 and Lots 4-6 and NVJ %2 of I,ot 7, Block 4 Thompson Park Subdivision). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet and recommended approval with the legal description corrected. Twait read the rules for public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve PZOS-59 with staff recommendations and Commissioner Rogers SECONDEI? the motion. Commissioner Bryson recused himself as the matter would come before the Borough Planning Commission. VOTE: a ers x ~,~ i Brookman YES Koester ' YES Romain 'EXCUSED Wells I YES Twait I Y'ES MOTION PASSE23 UNANIMOt3SLY. ITEM 5: FUBLIC HEARINCrS 5-a. PZ08-60 - An application to rezone the property known as Thompson Park -Bergholtz Replat #2 (Replat of Lots 1-A & I-B Thompson Park Subdivision - Resubdivision of Lots 1-3, Block 4 and Lots 4-6 and NW '/z of Lot 7, Black 4 Thompson Park Subdivision). Application submitted by Michael Bergholtz & Peggy Gill Thompson, 4040 & 4010 Lupine Drive, Kenai, Alaska. PLANNING AND ZONING COMMISSION MEETING DECEMBER 10, 2008 PAGE 2 -89- Kebschull reviewed the staff report included in the packet. Twait opened the floor to public hearing. There being no comments, the public hearing was closed. HOTYON: Commissioner Bryson MOVED to approc>e PZ08-60 with staff recommendations and Commissioner Wells SECONDED the motion. VOTE: Ro ers YES Brookman .YES Koester YES ~' Romain ~ EXCUSED ( Wells 'DYES Twait ~~ YES I ( Bryson ~ YES ( j ' ~ ~ -'~-! MOTYOOT PASSED UNANIMOUSLY. 5-b. PZ08-62 - An application to rezone the prope?-ty known as Kenai Municipal Airport -Float Plane Basin Replat (Located withui the W 1 / 2 Sec. 32, SWl/4 8v SW ~/4 SE ~/a Sec. 29 T6N, Rl IW, SM, AK). Application submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet. Twait opened the floor to public hearing. There being na comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve PZ08-62 and Commissioner Brookman SECONDED the motion. Commissioner Bryson recused himself as the matter would came before the Borough Planning Commission. VOTE: + xo ers ~ Yr 5 ' Brookman YES Koester I YES ' Ramain EXCUSED Wells ;YES Twait YES HOTFOOT PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING DECEMBER 10, 2008 PAGE 3 -90- STEM 6: OLD BUSINESS -- Nave ITEIJL ?: t~°E6iF BUSINESS 7-a. P208-E 1 -Transfer of Conditianat Use Permit -Veronica's Coffee Shop - 602 Petersen Way. Transfer requested by Diane E. Hooper, P.O. Box 71, Saldotna, Alaska. Kebschull reviewed the staff report included in the packet. MOTION: Commissioner Bryson MOVED to approve PZ08-61 and Cammissioner Brookman SECONDED the motion. Twait opened the meeting to public hearing. Father Thomas Andrew, Reefer, Holy Assumptions a£ the Virgin Mary Russian. Orthodox Church -- Read a letter to the commission concerning the chapel parking lot. There being no further comments, the public hearing was closed. VOTE: ITEM 8: PENDING ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. City Council -- Council Member Eldridge reviewed the action agenda of the December 3, 2008 Council meeiing, included in the packet. PLANNING AND ZONING COMMISSION MEETING DECEMBER 10, 2008 PAGE 4 -91- MOTION PASSED UNANIM®USLY. ~3-b. Baraugh Planniag -- Bryson reviewed the actions taken at the November 24, 2008 Borough Planning Commission meeting, included in the packet. 9-c. Administration Draft Ordinance -Setbacks for Commercial, industrial and Central Mized Use Zones Kebschull reviewed the draft ordinance included. in the packet, and noted if there were no concerns, the ordinance would be brought forward at the next meeting. ITEM 10: ITEM 11• 11-a. 11-b. 11-c. ITEM 12• ITEM 13: MOTION: PERSONS PRESENT NOT SCEIEDULED -- None INFORMATION YTEMS City of Kenai 2009. Public Official Financial Disclosure Statement Commissioner Reappointment letters P E~ Z Commission Application COMMISSION COMMENTS & pUESTIONS -- None AIIJOURNMENT Commissioner Wells MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meefing was adjourned at appro~,i.~.ately':34 p.u~. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING DECEMBER 10, 2008 PAGE 5 -92- ADVISORffXT~~99CTTE~gMB8}}ETE~~Ryy~~YyC~Oy/N~IpNlITTEE NifYLMZSER GVy 2I)OS KENA% CITY yCO!U1NCqI~pL CHAMBERS t:OV P.ApAe AGENDA ITEM 1: CALL TO ORL'iER ANIS ROLL CALL ITEM ~: AGENDA _APPR~VAL ITEM 3: APPROVAL OF MEETING SUMMARY -- None ITEM 4: PERSONS SCHEDULED TO $E HEARD ITEM S: OLD BUSINESS %TEM 6: NEW $USINESS a. ELECTION OF CNQiY77 AND VICE CHA%R (Chair takes over the meeting from here) b. Dxscussiaxi -Conceptualization of Cemetery Expansion (review of submittals from committee members) LTEM 7: REPORT a. Committee Chair b. Director c. City Council Liaison %TEM 8: COMMISSIONER COMMENTS AND ®I7ESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for October 15 and November S, X008. LTEM 11: ADJOURNMENT -93- ADVISORY CEMETERY COMMITTEE NOVEMBER '~0 2008 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE DENNIS GREGfSRY, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER AND ROLL CALL Chair Pro Tempore Gregory called the meeting to order at approximately 7:07 p.m. Roll was confirmed as follows: Committee Members present: B. Elder, J. Buffington, D. Gregory; R. Harrison Committee Members absent: K. Mohn Others present: Parks & Recreation Director B. Frates, Deputy City Clerk C. Hall, Public Works Director W. Ogle, Parks & Recreation Commission Liaison D. Sandahl, Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Elder MOVED to approve the agenda as presented and requested UNANINdOUS CONSENT. Member Gregory SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: .@~PI?_ttVei. raF Il+IEE?'I:';G ~rmr1S.ARY -- Noiie ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS 6-a. ELECTYON OF CHAIR AND VICE CHAIR MOTION: Parks & Recreation Director Frates MOVED to elect B.J. Elder as Chair and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member. Gregory MOVED to elect Judy Buffington as Vice Chair and Frates SECONDED the motion. There were no objections. SO ORDERED. -94- 6-b. Discussson -Conceptualization of Cemetery Expansion (review of submittals from committee members` The following suggestions were made by members: • A cement stand with six to eight benches for services. • Keep roads to a minimum. + Cremations make up 65 - 7S% of the current requests. • Suggested a sculpture similar to the Seafarer's Memorial in Homer where family members could purchase a brick for the column. • Soldotna Task Force calculated 750 plots per acre with three feet between plots. Think the number is high. • Suggested the Anchorage Cemetery Curator visit at a future meeting. • Suggested areas for flat and upright headstones to make maintenance easier. • Suggested signage for the entrance with a map of the cemetery. • Suggested lighting for flags at the memorials. • Suggested checking with FAA on height restrictions far flagpoles. • Suggested electricity for services on Veteran's Day. Frates reported he would consolidate all materials for the next meeting's packet. ITEM 7: RETORT 1-a. Commsttee Chair -Elder thanked everyone for coming. ?-b. Director -Frates expressed his appreciation of everyone's involvement. 7-e. City Council Liaison -None ITEM S: COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM iQ: INFORMATION ITEMS IO-a. Kenai City Council Meeting Action Agendas for October 15 and November 5, 2008. ITEM II: ADJOURNMENT MOTION: Memlaer Gregory MOVED to adjourn and. Director Frates SECONDED the motion. There were no objections, SO ORDERED. ADVISORY CEMETERY COMMITTEE MEETING NOVEMBER 20, 2008 PAGE 2 -95- There being no further business before the Committee, the meeting was adjourned at approximately 8:32 p.m. Meeting summa_*y prepared and submitted by: Corene Hall, Deputy City Clerk ADVISORY CEMETERY COMMITTEE MEETING NOVEMBER 20, 2008 PAGE 3 -96- P' T F T Y "~i'lla~e wcz~~r a Past, G~ty wit~t a Futr~re" -~-~.,~• , 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _~ = w, Telephone: (907} 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us theufyof KENA~ ~N{t ~`~,1~' December 8, 2008 . ,/j~^.r /•~f'~~P ~ G'Gd Honorable Lisa Murkowski United States Senate 709 Hart Building C~,rashington, DC 20510-0202 RE: ANTICIPATED RELOCATI(3N OF THE CONGRESSIONAL DELEGATI®N OFFICE FROM THE CITY OF IfENAY Dear Senator Murkowska: We recently learned of the temporary closure of the Congressional Delegafion Office in Kenai and opening first in fhe private residence of the office administrator and then to another location out of the City of Kenai, opening again in March, 2009. Initially, we want you to know, the City of Kenai is very pleased to have been the home of the Delegation's office since the early 1980's and we want the office to remain in Kenai's city limits and close to the Kenai Municipal Airport. Hearing of the intention to move the office from Kenai is obviously of great concern to the City of Kenai and raises some issues, including the following: • A reason for the move is the down-sizing of office space allotment with the new senatorial representafion. accommodate the public. • Locating the office temporarily in a private residence is not the most appropriate location or the most convenient location far a congressional office to Because of the identification of Delegafion's office in the City of Kenai for approximately 28 years, we believe it essential for the office to remain in Kenai to provide the most consistent, convenient and beneficial location for your constituents. We also offer our assistance, along with our local real estate agents, to find appropriate office space in Kenai to accommodate the new reduced space allotment. -98- Senator Lisa Murkowski December 8, 2008 Page 2 We hope you will give the decision to close and relocate the Congressional Delegation Office out of the City of Kenai further consideration. If you have any questions or want to discuss this issue further, please contact me at (907j 283-8245, CITY Oli KENAI ~°~~~ Pat Porter Mayor -99- ~,~~ ~~ ._ tl~e city of // 17ecember 18, 2008 `>~iffr~e ~`tl~ ~ r~e~~ l° a~e't ~r~t~~e >` 210 Fidalgo Avenue, Kenai; Alaska 99611-7794 Telephone: {907) 283-7535 /Fax: {907} 283-3014 www.ci.kenai.ak.us Senator Tom Wagoner State of Alaska State Capitol Building, Room 423 Juneau, AK 9981 1-1 182 RE: ~b+ d99 On behalf of the Kenai Library Commission, we are writing to thank you for your support of the library through: + the $1 Million the City of Kenai received in public improvement funding, of which. $250,000 was appropriated toward the Kenai Library Expansion Project and a portion used for the design phase now in progress. + SB 199 {now AS 14.56.355-56~, related to construction funds for public libraries. in addition, the Commission encourages you to pursue funding and regulations to allow iibraries to apply for assistance. However, please recognize thai because funding in this legislation may come too late for the City's library expansion project, urge your assistance in obtaining an additional public improvement appropriation of $1 MiAion to the City of Kenai this year to assist in launching the constriction of the project. Again, we thank you for your support and assistance and look forward to working with you again during this legislative session. CITY OF KEIVAI Pat Porter Mayor ec: Representative Mike Chenault Representative Kurt Olson -100- p ITT F TH I DIANA E ®f~,i. jade Lvi~~i ast, Gi wit a use °® "'~"~"tom' _, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: {907) 283-7535, Ext. 236 /FAX: (907) 283-3014 1~~f~1 1992 tlrecetyof PUBLIC tArOR14S DEPARTMEtdT KE~ ~~/~•S~~ DECEMBER REPORT TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: December 10, 2008 SUBJECT: Mid -Month Report; Public Works Department The status of previously reported prpjecfs is as follows: • The Public Safety Garage Improvement Proiect {Hoiden Company) still has project closeout documents that the contractor must submit prior to final payment. • Submittal of the final contract documents by the contractor is pending for tha Airport Urea Storage Building Proiect (Sterchi Corporation}. • Thompson Park LID and Shamrock Circle L1D paving project (Alaska Roadbuilders) costs are being tabulated se assessments can be calculated. Public hearings on the proposed assessments are underway. The Marathon Road Improvement Project {Southcentral Construction Inc.} is substantially complete with street lights currently being installed with a couple minor punch list items which are being held over until spring. The construction contract for the Kenai Visitor's Center Heating System Upgrade (engineering by RSA Engineering, tnc. to include: Installation, replacement & upgrades to heating, control, ventilation, boiler, carpeting and painting) was awarded to Blazy Construction, Inc. Council will consider a proposal by RSA Engineering to provide construction administration for the project. The Visitor Center staff is currently working with consultants and City to assist with the proper storing of exhibits and. taxidermy items during the project. • EC!lHyer, inc conducted a work session with Council on 3 December to discuss progress an their professional design services for the Kenai Community Library Expansion Proiect. Their `concept plan' is due to be submitted to the City by 19 December. • Kenai Court House Parking Expansion Proiect is in final design by Wince-Corthel(-Bryson. • Council approved Amendment 9 to HDL, Inc. contract for Arsenic Groundwater Studv. This is for further drilling and evaluation of a well at NW corner of Spruce Street and 2nd Avenue: drilling additional footage to existing well to 500 feet, screen and develop the well, conduct water qualify testing and reporting, • Army Corps of Engineers provided a presentation at the River Center to regulatory personnel regarding the Bluff Erosion Proiect. Later that evening the ACOE participated in a work session with Council regarding the project. Page 1 of 2 -102- • The contract for engineering design services for the South Ames Road LfD project was awarded to Nelson & Associates. • The City continues to work with the Historical Society regarding the Cabin Relocation Project. Other Public Works Actkvities: • OSHA made another site visit to City buildings as part of their voluntary compliance program. This visit included the Parks and Recreation Building, Airport Terminal and Animal Gantroi building. We are resolving the relatively few non-compliance items which were identified by the inspector. • A request for a quote went out to Coffman Engineering to provide consulting services to prepare bid documents for a cathodic protection system for the City Dock. The installation of a cathodic protection system had been recommended by Norton Cathodic during their annual inspection of the City dock. • Council is considering a bid for chemical purchases for the Water Department, Waste Water Treatment Pant, S#reets Department and Airport chemicals. • We await a third quote for building inspection services when the Building Official is not available. • The Water & Sewer Department and the Waste Water Treatment Plant Department undenuent Three days of intensive on-site training by an expert in plant operations. • We are putting together bid documents far a project to replace ail of the original woad casement windows at Vintage Pointe. Page 2 of 2 -103- °`G i'~Cl~~e wit1~ a Fast, Gi~ wit~i a ~utr~~e'• 210 Pidalgo Avenue, Kenai, Alaska 996 1 1-7794 ~~ ~~~. Telephone: 907-283-3692 /FAX: 907-283-3693 r, ~~t . _ ~ v: tie u'~ u~ KENAt, kLASRA MEMORANDUM To: Rick Koch, Kenai City Manager Thraugh: Wayne Ogle, Public Works Manager From: Robert J. Prates, Parks & Recreation Director Date: December l 1, 2008 RE: Mid-month Report A total of 120.75 hours were reserved at the ice rink during the month of November. The fourth warming shack was completed and. one glass panel replaced. Daily inspections for vandaCism, cleanup and. trash removal continue, however, we are experiencing stgniflcantly loss trash issues since the closure last month. Shop mechanics were called upon to service tUe new zamboni a couple times throughout Novetnbee although no major issues. Old. zamboni was put into service a few times in order to keep ]n top shape and no problems noted. Four overhead lights (burned out) were servr`ced. Director (earned of bark being stripped from birch h•ees located in Municipal Park. After consultation with Public Works Director and City Manager Koch, a public service announcement was compl©ted whioh led to an article by the Peninsula Clarion. New pole decoration5along the Kenai Spur Highway wero installed third week of November with assistance coming from Street Department personnel. Sustained high winds experienced the second week of December led to some decorations shifting and a couple fell from Yheir brackets. Needed repairs anal refastening of brackets are underway. A couple flags were also replaced. Old furniture was removed from the Library and relocated to the Teen Center. Discussions concerning the north beach restoration/protection project continue with USFW Service. Kelly Wolf, Youth Conservation Corps, has been contacted regarding transplanting of beach rye. Ms. Wolf is assisting with researching best method for hansplanting based on his experience and contacts. Director Frates will be meeting with Mark Blannittg (Winne-Corthell-Brysonj on cost estimates for engineered drawings for the parkstrip shelter expansion and obtaining cost estimates from Tri-City Construction on costs associated with renovating the veteran's memorial wall at Leif Hansen Park. Work on the bird-viewing platform is ongoing. Kenai Welding will be installing more ramps and platforms sometime later this month. Director Frates and Ogle met with Mim Updike concerning the field projoct across from Walanart property. Discussion centered on desire for a bridge connecting this area to the existing bike path and overall scope of project. The gazebo is currently at Peterkin's yard and behtg painted. We will also be meeting with Peninsula Construction regarding the replacement of a portion of concrete ramps at the dock facility. Trail grooming at the Kenai Golf Course is ongoin~ pnd recent weather has caused constant maintenance Kenai Commnnity Library 1l~Ionthly T3eport December 2008 November Circulation Figures Adult Fiction 1,734 Internet Access 872 Adult Non-Fiction 1;415 Music 151 Periodicals 77 Puzzles 0 Juvenile Fiction 410 Videos 437 Juvenile Non-Fiction 188 DVDs 2.095 Easy Fiction 1,171 Audio books 111 Easy Non-Fiction 268 Miscellaneous 30 Interlibrary Loan 22 Computer Programs 18 Total Print 5,285 Total Non-Print 3,714 j Total Circulation 8,999 Internet Express Use 418 Total Catalog Searches G,008 Library Boor Count....... 6,459 In-House circulation 131. Downloadable Audio 114 Income Pines and Rental Books Xerox LostlDarnaged Test Proctoring Fee lotCLl lrlliVrrte 311V0 Additions to collection Withdrawals from collection Interlibrary Loans Ordered Received Returned Loaned by us $1,176.51 245.00 82.94 40.00 .°ni,544.45 102 Books 24 21 26 31 Library Cards Issued November 2008 ICasilof I Kenai 50 Nikiski 12 Soldotna 14 Sterling 5 Non-Resident 5 Internet Use 1 OrQaxxization & Other 7 Total 95 The new furniture we were able to purchase with the Rasmuson Tier 1 grant has arrived and we were able to assemble and arrange it with help from the Buildings and Park and Recreation departments. We will hold an open house with refreshments on Tuesday, Dec. 9 from 4:30 p.m. - 6:30 p.m. to officially show off our new Look. The Friends of the Library wi11 hold their monthly meeting that evening at 5:45 p.m. -105- ., _~ ._. ___ -,: .:.~~ tlaeu~af KENA~ SKp ~~~~~. To: Rick Koch, City Manager From: Terry Eubank, Finance Director "f ~",' Date: December 11, 2008 Re: Monthly Report The past month has been a busy one with many projects underway or being completed. The City's 2008 Comprehensive Annual Financial Statement was completed with a presentation from the City's auditors, Mikunda, Cottrell & Co. The finance department filled its vacant position with the hiring of Tina Williamson. With the addition of Ms. Williamson the finance department is fully staffed. Installation of the City's new exchange server was completed as well. This upgrade expanded the City's email capacity as well as a faster platform for many or our other applications. Preparation for the 2010 Budget is underway with information to be distributed to City departments in the next couple of weeks. The budget will most certainly dominate the majority of finance time over the next few months. "U°lla~e wit~t ~ Past, Gc°ty wit~t a ~r~tr~re ~~ FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 i FAX: 907-283-3014 -106- MIJMOILANDUM To: Rick Koch, City Manager From: Rachael H. Craig, Senior CenterDirector Date: December 8, 2008 Subject: November Monthly Report Total number of days rented in November 2008: November Monthlg~ Meal Count 2008 Served: Total Congregate Meals Served: 1,238 Total Honie Meals Served: 1,525 Total Non-Seniors Meals: 4 November 2007 Monthly Meal Count Served: Total Congregate Meals Served: 1,146 Total Home Moais Served:. 2,200 Total Non-Senior Meals: 5 Total Volunteer Hours for November: 760 State Health Insurance Assistance Program (SHIP) is upon us. This open season runs until the 31 s~ of December. From November 1 through December 12 we served the following clients: Client Contact Summery Report Number of Client Contacts 36 Type of Client Benefici~uy (self) 26 Couple 9 Caregiver 2 Average Minutes Spent with Beneficiary 31 Total minutes spent w(beneficiary for all contacts I,S86 Beneficiary Age: Under 65: 7 65-74: 17 75- 84: 8 On Tuesday, November 25, l I5 seniors participated in our Thanksgiving luncheon. Tim Wisniewski entertained on his trumpet. The Seniors made and donated cookies for Santa to distribute at the Kenai Chamber's "Christmas Comes to Kenai" event. The seniors entered a float in the parade. Thanksgiving Day, Joanna Flollier and son Gary, Dave Merrill and son, and Kenai River Brown Bears opened the senior center and prepared turkey, mashed potatoes for the Thanksgiving dinner potluck. 40 seniors attended. -107- Toa Rick Koch, City Manager From: Gus Sandahl, Police Chief rag Crate: 12/10/2008 Re: Police & Communications Department Activity -November 2008 Police handled 600 calls far service. The Communications Center received 114 emergenoy 9-1-1 calls. Officers made 87 arrests and wrote 277 reports. Police investigated the following sign cant felony cases in November. An adult male was arrested for Assault 3ftl, Assault 4"' and attempted Arson when he poured gasoline on his house and threatened to light the house on fire. Three adults were arrested for felony theft and burglary after they broke into a residence off of Beaver Loop. An adult male was arrested far slashing tires on 7 parked cars at a focal bar. Traffic enforcement resulted in 120 warnings, 12 speeding tickets, 15 seatbelt tickets, 15 citations for equipment violations, and 57 citations for "ether" traffic violations. There were 4 DUI arrests. Police investigated 18 vehicle crashes {4 injuries}. Those investigations resulted in 2 DUi arrests and 8 citations. Officer Langseth (school officer} had another active month at the schools. He handled 15 investigations (11 criminal). He gave a 90-minute presentation on intemet Safety to 20 parents at Kaleidoscope. He also started teaching 5'~' grade DARE classes at Mountain View Elementary. Oftcer Langseth also provided annual instruction on Terrorism and Community Safety to the Community Emergency Response Team at the Beacon Center. Dispatcher, Jayms Harris, accepted a job officerfor the position of police officer (starting date 12!1/08). With the hiring of Jayms, this brought the department to full staff (18 sworn officers}. However, this created a new vacancy in Dispatch. On November 17th, Oftcer Tumage attended a 2-day course on the Alaska Meth Education Project. He teamed a new curriculum to educate the local community on meth prevention. Officer Tumage has extensive training and knowledge on meth labs and meth use. This course will enhance his abilities to educate the community on the harmful effects of methamphetamine. On the evening of November 18'", aficers participated in an annual night shoot at Snowshoe gun range. The beneficial training focused on shooting, moving, and target acquisition in low light and cold weather conditions. On November 25"', Officer Tumage instructed 5 dispatchers on Drug Awareness and K-9 operations. On November 28th, 8 officers provided trafficJcrowd control for the annual electric light parade and fireworks event. -108- r~.I~IMAL CONTR®L REI~~RT Nomember 2008 aaos 200 aoos 2007 STRAY 74 78 ADOPTED 52 89 Dogs 53 44 Dogs 31 47 Cats 20 33 Cats 20 33 Other Animals i 1 Other Animals 1 9 RELEASED BY OWNER 48 79 CLAIMED 20 8 Dogs 33 42 Dogs 20 8 Cats 15 29 Cats 0 0 Other Animals 0 8 Other Animals 0 0 D.O.A. 18 7 EUTIIANIZED 48 56 Dags 7 4 Dogs 33 31 Cats 11 3 Cats 1S 25 Other Animals 0 0 Other 0 0 WILDLIFE RELEASE 4 2 Borough Animals 48 67 Field Investigations 49 5~ Total Dogs 93 90 Volunteer hours 43.5 112 Total Cats 46 65 Total phone calls 623 832 Total Other 1 9 Kernel Pea•mits 0 0 -109- Airport Managersa Monthly Report December 10, 2p08 Mun rtxort Urea Storage Building: The project is complete with the exception of minor grading to be completed in the spring. The airport Drew suocessfuliy stored over 80 ton (about a 3 year supply} of urea in the building. Airport Cafe -The airport cafe concession was awarded to Roger and Linda Petrey. They plan to open for business on January 1 as PJ's. For those of you who may not know, Roger and Linda were previous airport cafe tenants d/b/a Wings. Welcome back! Airport "Virtual Tour" -The airport "Virtual Tour" has been added to the homepage of the airport website - kenaiairport.com. Check the tour over and let us know what you think. We are always open to your suggestions and comments. Winter Operations -The airport crew is busy with snow removal. The high winds and cold created some icing issues but the crew worked very diligently to ensure safe operations. Automated External Defibrillator (AED} -The airport now has an AED in the terminal building. The AED is located at the north end of the terminal on the wall betwpele~n the/~ women's and men's bathroryom.{~ AE~D.c/~om and the Am4..rIVQ11 iieQrt llsJVlila lion have Ioln Vd together t4 increase p4Ni'V access to defibrillaticn. With over 90,000 enplanements plus visitors and employees at the airport, we felt it was necessary to establish an AED program. Thank you to Captain Tony Pryor for setting up the unit and meetina with airport employees on use and maintenance procedures. tenants trained on AED's. Captain Pryor will also be meeting with other airport Annual Winter Operations Meeting - A requirement of Federal Aviation Regulations 139 is establishing a Snow and (ce Control Committee (SICC} to review winter operations at the airport. That meeting was held on December 9 with 21 people in attendance. The Tower Chief and Operations .Supervisor from the Flight Service Station spoke. Also Earl Nicks, Operations Supervisor, spoke to surface movement, radio communications, snow removal priorities and equipment rules. Happy Holidays -The airport staff would like to wish a "Safe & Happy Holiday' to all and Best Wishes far the Mew Year! 2008-12 -110- 1RITEFt FFICE Ni~IVIF~AN~IJM KENAZ FIRE DEPARTMENT Dato: October 8, 2008 To: City Manager From: fire Chief Tilly Subjeet: Midmonth report Runs far the timeframe of 11-15 to 12-11: Run total for the year 1396 requests for service Total iast year at this time 1284 requests for service 9% increase aver 2007 Last 30 days 123 runs Summary of activities far least month: 1) Completed the Community Emergency Course for local citizens on 11-22-2008 2) Participated with Paramedic ride a Tong program through KPC 3) Participated in Christmas. comes to Kenai 4} Certified all KFO members in Advanced Pediatric Life Support 5} Provided a home visit and a ride on fhe fire truck for the winner of the Oktoberfest auction 6) FM Wilcox attended training in Anchorage for Commercial hood and vent systems 7) Involved with Alaska Fire Department Leadership Conference Scheduled for August 2009 1 -111- :. ~: ~~~-, ,, ., i `, __ _~. th G(~j/Df KENAV SItA December 10, 2008 The Honorable Don Young United States Hbuse of)tepresentatives 522 Hart Building Washington, DC 20510-0201 ~~ 5~ >; SPruca~ f ~~~ yr ~Jr~a ~r 5~ u,~ ~` '~ tt.~s Subject: State and Tribal Assistant Grants (STAG), E~3 7110 Dear Congressman Young: The purpose of this correspondence is to discuss the above referenced federal legislation and respectfully request that you support the City of Kenai for a STAG grant to support ongoing water and sewer projects. HB 7110 contained $ 7.5 billion a:f firnding for STAG grants. The City of Kenai has been the recipient of a STAG grant in the past in support of a water quality/dishibution project. The City has a phased, ongoing project to develop a new water source meeting the EPA 2006 water quality standards for arsenic 1n 2006 the water quality standards for arsenic were lowered from 50 ppb to 16 ppb. Unfortunately two of the Three City water sources produced water containing 20-30 ppb or arsenic. During our exploration for new water sources we found the majority of the private wells in the City produced water that exceeded the limits for arsenic. The individuals that were served by those private wells, in most cases, had no knowledge that their water oontained high levels of arsenic as testing far private wells only requires testing for coliform bacteria. W a found that water produced by private wells general,Iy contained arsenio in the 15ppb to 200 ppb range. The City's ongoing project addresses two issues, the first being developing a new water source meeting the EPA water quality standards or constructing a treatinent process to remove arsenic, and the second being The construction of water transmission mains to provide drinking water meeting .EPA water quality standards to areas presently served by private wells producing water exceeding EPA arsenic limits. "lliffa~e wit~i a Past Gity wit~t a Future `~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 , Telephone: 907-283-7535 /FAX: 907-283-3014 1~~~~1 1997 -112- The project is divided. into seven phases (identified as components). Components number one and two are fully funded and underway. Components number tlu~ee and four are partially funded by the Alaska Departsvant of Environmental Conservation (ADBC) ?~3unieipal Matching Cn-ant (.MMG) program, a local match, and an existing STAG grant. T`he fu~~ding analysis for the project components is as follows; Project Description Tota} Existing Existing Present Requested future Local ~ Comp. ~ Estimate ADEC Local STAG STAG MaYCL>/ADEC MMGIState Match I Grant' ~ Grant /State 1 New Well #4 i $2,0$4,000 $ 1,042,000 i $ 1,042,600 $ 0 $ 0 $ 6 & Wellhouse __ i ~ 2 tipgrade Well $ 302,000 $ 1.51,000 $ 151,600 $ 0 $ 6 $ 0 3 New ]6" $4,294,660 $3,OOG,000 $531,000 $288,600 $ 469,000 $ 0 Wafer 'fransnussion. ~ i Main ~' i C 4 Replace 10" $1,181,000 $ 826,000 ~' $ 22?,006 $ 0 $ 128,000 $~ AC Watex ~ ~ ['ransutission ~ i Mart (3.200 1. f) 5 New 16" l $2,818,006 $ 0 $ 0 $ 6 $1,550,000 __ $1,268,000 Water 'Cransmission I ' Main 7,000 l.f. 6 New 10" $ 923,000 ( $ 0 $ 0 $ 0 $ 508,000 i $ 4(5,000 Water j Transmission I ' ' Main ~ ' ~ ~ (2,5001.£) ~ I 7 ~ New I G" $7,233,000 $ 6 $ 0 $ 0 $ 3,978,600 33,255,000 Water Transmission ( ~~ { i C Mam (17,8001,f~ ' __ ~ __'~ TOTALS $1.8,835,640 $5,025,060_ _$1,95],000 $288,000_ L$6633,000 ~4,938,060 The City of,Kenai respectfully requests your support for the appropriation of a STAG grant in the amount of $ 3,147,000 to support project com'pot,7ents three, four, and five, or grants to support any or all of the project components individually. This important project is ongoing and the City of Kenai has local matching funding available to support projects components one through five. Construction. will begin during the 2009 construction season.. -113- I have enclosed the application submitted to AUEC .for a competitive SFY 2010 Mmiicipal Matching Grant. I have'been told by ADEC that we scored high enough to receive MMG funding in the amotmt of $ 2,070,000. This appiieatian includes descriptions of tha specific project components scope, acid other supplemental information. If you or your staff have any questions, please contact me at your earliest convenience. My direct phone number is (907)283-8222, my cell phone is (907)398-0190, and my e-mail address is rkoch alci.kenai_als,us, Thank you very much for your attention in this matter. Sincerely, rCITY OF KENAI V ~t~ ~~~ Rrck R, I4och City Manager -114- ND . ~:' : a' ~a m` N,': ~:( . L`- ~':' N.- C:' . 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This project provides for the construction of a new production water well (Well No. 4} and a new well house, and upgrading Well No. 2 to a Variable Speed Drive (VFD). The work involves driving a new 16-inch diameter water well in the vicinity of Well No, 2 and constructing a new well house No. 4 that encloses the well, piping, controls, stand-by power generator, and chlorination equipment. The work also includes retrofitting Well No. 2 to a VFD drive and making minor mechanical and electrical code and safety improvements to Wel( House No. 2. Well House No. 2 is over 25 years old. 2. The project provides for the construction of a new 16" HDPE transmission main from Well No. 2 & the new Well No. 4, under the Kenai Spur Highway, along Beaver Loop to Lawton Drive, then along Lawton Dive to the connection with the existing grid at Swires Road, a distance of approximately 10,500 It. This new connection to the grid provides a second transmission main to the grid. This decreases the risk of catastrophic failure, increases volume and serves an area in which private wells ware found to contain arsenic levels significantly greater that EPA water quality standards. Gonstructian of the new 16"main will also allow for the replacement of the 40 year old, failing, AC transmission main without the need for a costly temporary by-pass system. 3. This project will abandon and de-commission municipal production wells No. 1 and No. 3. The water produced by those wells no longer meets EPA water quality standards {high arsenic), and production has dropped significantly over the life of the weAs, despite periodic re-development 4. This project will replace approximately 3,200 If of an asbestos cement piped water main, which is presently the sole connection from our water production facilities. The piping is approximately 40 years old and failures have become more frequent. Any failure of this transmission main is catastrophic to supplying water to the distribution grid. It is undersized to meet demand, however the construction of the second transmission main, described in Number two above, will allow for the pipe sizing to remain at 10". Issues and Benefits The purpose of the improvements is to provide a more reliable water supply to Kenai water system. A recent study by the City of Kenai indicates that many of the area's private wells have poor water quality andlor contain arsenic, which is a significant public health concern. Page 1 of 4 -121- The construction of a new production wed(s) producing water meeting the EPA water quality standards wiH eliminate the need for water production from the existing municipal production wails No. 1 and No. 3, thereby bringing the City of Kenai s water production in compliance with the EPA water quality standards. ADEC has granted the City of Kenai a variance to the EPA water quality standards until December 31, 2009. The Kenai area is currently growing. New developments include a new Home Depot, t.owes, Target and residential homes. The City's single well which meets water quality standards, in it's. current capacity, is unable to supply sufficient water to the community on warm sunny days when outdoor water use is at a maximum. The City is concerned about adequate water supply for fire flows, and standby power generation is needed to energize Weil 2 in the event of an extended power outage. The Ci#y has instituted rationing in the past to assure sufficient water storage. They will continue to ration during warm periods in the summer until the well can be brought on line. This project will provide badly needed production to their water supply and will increase available fire flows. The standby generator for the new well (Wall No. 4) wiii also provide backup power for existing Weli No. 2. The benefit of this project wiii be a more reliable supply of drinking water and fire fighting water to residents, and important community facilities. The construction of new transmission mains will provide municipal water to areas served by private wells, the majority of which produce water greatly exceeding the EPA water quality standards for arsenic, and in a number of cases, manganese, iron and/or chlorides as well. The construction of the new water mains will also provide a more reliable connection between the City well(s) and the City's. water distribution system. The City of Kenai's water supply well{s) are connected by one aging, undersized water main. In the event that the single water line folks (by aging, inadvertent damage,. or earthquake) the City's wells will be cut off from the avatar distribution system. This new line will provide for a more-conventional Voaped-style design that will feed water to the distribution system should one of the mains fail The Kenai area is currently growing. The City is concerned about adequate water supply in the event of an earthquake or major fire. This project will provide the needed redundant connection between the water wells and distribution system. The benefit of this project will be a more reliable supply of drinking water and fire fighting water to residents, and important community facilities. The existing 10-inch AC water main along the Kenai Spur Highway, is undersized and constructed with AG pipe which is brittle and fragile. The purpose of this improvement is to replace this main with HDPE water pipe to improve its capacity and reliability. The line is the only connection between the City wells and the City's water distribution system. In the event that this water line fails (by aging, inadvertent damage, or earthquake) the City's wells wiii be cut off from the water distribution system. This new line in conjunction with an proposed new additional looped water line in Lawton drive wiii provide a reliable redundant connection between the wails and distribution system. The benefit of this project will be a more reliable supply of potable drinking water and fire- fighting water to the community. Page 2 of 4 -122- FUTUF2E PRQJE~1' RH,4~E~ New 16" Water Main, Bridge Access Road (Kenai Spur Highway to Beaver Loop Road) Project Description This project phase provides for approximately 7,000 lineal feet of new 16-inch HDPE water main along Bridge Access Road between the Kenai Spur Highway and Beaver Loop Road. tssues and Benefits The City dock area is growing and there is significant interest for development along Bridge Access Road and the waterfront. Piped utilities are Headed to support the anticipated developments. The waterfront area is currently served with wells and septic systems, which are not adequate for the higher densify developments. Private water wells have poor quality water, not meeting EPA water quality standards for arsenic, manganese, iron, and/or chlorides. New 10" HDPE Water Main from Kenai Spur Highway to Lawton Drive along Swires Road Project Description This project provides for the construction of 2,500 lineal feet of new wa#er line in Swires Road batween the Kenai Spur Highway and Lawton prive. tssues and Benefits This provides an additions! connection between the existing transmission main and the new transmission main proposed in this application. It also will provide water meeting the EPA water quality standards to a developing area in which the several private wells produce water not meeting the EPA water quality standards for arsenic and manganese. Page3of4 -123- New 16" ~Uater Main, Beaver Loop Road (Bridge Access Road to Lawton Drive} Project Description Construction of a new 16" HDPE water transmission main, approximately 17,800 Yf in length, along Beaver Loop Road. Issues and Benefits The area which would by served by this transmission main is primarily residential with commercial development along the Kenai River. The majority of private wells in this area produce water of poor quality which does not meet EPA drinking water standards. There are a large number of residential subdivisions in this area, and the area is rapidly developing. The construction of this transmission main would provide municipal water meeting EPA drinking water standards, fire protection, and would provide another transmission main loop to serve the core area of the distribution grid. Page 4 of 4 -124- E E 4 O D W O G N O O N P..- O I O ~ / , O= /Q SFY 2U10 1v1or2ooa Cost Estimate ADEC Municipa l Matching Crrant Program Project Component U nft Number Cost Item Description Unit Quantity Cost Sub-Total 1 New Production Well No. 4 and Welihouse 16"Well LF 450 250 $ 1^,2,500.110 Well Development HR 60 300 $ 18,000.Otl Well Screen LF 100 500 $ 50,000.00 Well Pump EA 1 75,000 $ 15,000.00 Class A Water Quality Testing EA 5 2,500 $ 12,500.00 Duplex Pressure Pumps LS 1 60,000 $ 60,000.00 Yartl Piping LF 600 300 $ 180,000.00 Pressure Tank LS 7 15,000 $ 15,000.00 Standby Power LS 1 150AOG $ ?50,000.00 50,000 Gai Storage Tank GAL 50,000 2.50 $ 725,000.00 New Well House SF 1,200 200 $ 240,000.00 Access Rd and Site Improvements LS 1 i W,000 $ 199,000.00 Electrical Controls & Switchgear LS 1 350,000 $ 350,000AO Wellhouse Piping LS 1 50,000 $ 50,000.00 Chlorination Equipment LS 1 75,000 $ 75,000.00 Consfiuction $ 1,553.000.00 Design @ 70% $ ^55,300.00 Construction Administratlon @ 12% $ ?86,360.00 Contingency@10% $ ?89,466.00 Total $ 8,084,126.00 ? U rude Fxistin Well No. 2 P m s and E ui ment DemoLticn LS t 20,000 $ 20,000.00 VPD Well Pump EA 7 25,000 $ 25,000.00 Vpgrade Pressure Pumps and Piping LS 1 75,090 $ 75,000.00 Upgrade Elecmcai & Controls LS 1 30,900 $ 30,000.00 Upg,^ade Ghlorination Equipment LS 1 75,000 $ 75,000.00 Constmction $ 225,000.00 Design @ 701 $ 22,500.00 Construction Adminlstrafion @ 12 % $ 27,000.00 Contingency @ 70% $ 27,450.00 Total $ 301,950.00 3 Construct New 16" Wate( Main From Well # 2 to Lawton Drive &Swires Road, New 16" HDPE Water Main, Beaver Loop (Kenai Spur Hwy to Lawton Drive) and Lawton Drive (beaver Loop to Swires Road) LF 40,500 300 $ 3,150,000.00 Roatl Boring EA 1 50,000 $ 50,OOO.pq Construction $ 3,200,000.00 Design @ 10°I $ 320,000.00 Construction Adminlshation @ 12% $ 384,000.00 Conitngency @ 70 % $ 390,400.00 Total $ 4,294,400.00 Page i of 3 -128- SPY 2010 Cost Estimate ADEC Municipal Matching Grant Program Project Campanent Unit Number Cost hem Description Unit Quantity Cosf 4 Re Race 10" AC Water Main with 10" HDPE Water Mafn Upgrade i0" HDPE Water Main Kenal Spur Highway (Wall Nc. 1 to Lawton Drive) antl Swires Raatl (Kenai Spur Hwy to Lawton Drive LF 3,200 Constnicfion Design @ 10% Constmc[icn Administration @ 12 Contingency @ 10% Total 5 Construct New 16" Water Main Alon Brid a Access Road from Kenai S ur Yo Beaver Loo New i 6" HOPE Water Main, Bridge Access Road {Kenai Spur Highway to Beaver Loop Road) LF 7,000 ConsWction Design @ 10% Construction Adminisiradon @ 12% Contingency @ 10% Total 6 Construct New 10" HDPE Water Mafn Alon Swires Roatl Prom Kenai S ur to Lawton Drive Upgrade 10" HDPE Water Main Kenai Spur Highway (Well No. 1 to Lawton Drive) and Swires Road (Kenai Spur Hwy to Lawton Drive LF 2,500 Constmetion Design @ 10% Construction Administration @ 12°/a Contingency @ 10% Total 1vloizooa Sub-Total 275 $ 880,000.00 $ 880,000.00 $ 88,000.00 $ 105,600.00 $ 107,360.00 $ 1,180,960.00 300 $ 2,100,000.00 $ 2,100,000.00 $ 210,000.00 $ 252,000.00 $ 256,200.00 $ 2s1s,2oo.oa 275 $ Ga7,500.00 $ 687,500.00 $ 6A,750.00 $ 82,500.00 $ 83,875.00 $ 922.G25.00 7 Construct New 16"Water Main Alon Beaver Loo Road from Brid a Access to Lawton Drive New 16" HDPE Water Main, Britlge Access Roatl (Kenai Spur Highway to Seaver Loop Road) LF 17,600 300 $ 5,34Q000.00 Roatl Boring EA 1 50,000 $ 50,000.00 Construction $ 5,390,000.00 Design @ io % $ 539,000.00 Construction Administration @ 12°/ $ 646,800A0 Contingency @ 1a% $ 857,580.00 Total $ 7.233,380.00 Page 2 of 3 -129- SFY 2010 Cost Estimate ADEC Municipal Matching Grant Program 12/10/2808 Pmject .St~MMnt~6Y component Number PhaselCamponent Description Sub-Total 1 New Production Well No. 4 and WoOhouse $ 2,084,726.00 2 Upgrade Existing Wzll Na, 2 Pumps and Equipment $ 301,950.00 Construct New 16" Water Main From Welt # 2 to 3 Lawton Drive &Swires Road $ 4,294,400.00 Replace 10" AC Water Maln with 10" HDPE Water 4 Main $ 1,180,960.00 Construct New 16" Water Main Along Bridge Access 5 ftcatl from Kenal Spur to Beaver Laop $ 2,8f 8,200A0 Construct New 10"HDPE Water Main Along Swires 6 Road From Kenai Spur to Lawton Drlve $ 922,625.p0 Construct New 16" Water Main Along Beaver Loop 7 Roatl from Bridge Access to Lawton Drive $ 7,233,380.00 Total for All Phases/Companents $ 7Q835,641.00 Less Unspenf/Unencumbsrad Funding in ExistSng Grants with Municipal Match ADCCED 08-RR-022 $ (50,000.00) ADCCED 07-DC-231 $ (121,795,56) ADEC 47547 $ (2,08fi,16i.53). ADEC MMG SFY 2008 $ (1,254,000.00) ADEC MMG SFY 2009 $ (1,397,250.00} Total $ (4,809,207.09) ADEC Grent Konai Match EPA STAG Total 70°l0 30% Grant Funding requ ired for Project Components One Through Four $ 2,952,228.91 $ 2,066.56024 $ 597,668.67 $ 288:000.00 Funding req uired far Project Component Number Five $ 2,818,200.00 $ 1,972;740.00 $ 845,460.00 $ - Funding req uired for Project Component Number Six $ 922,625.06 $ 645,837.50 $ 276,787.50 $ Funding req uired for Project Components Number Seven $ 7,233,380.00 $ 5,063,366.00 $ 2,170,014.00 $ - $ 13.926,433.91 $ 9,748,503.74 $ 3,889,930.17 $ 288,D00.00 Page 3 of 3 -130- NATIONAL ~~~ ~~~~ ACTfC3N PLAN Mare than40 percentof U.S. fish populations are ih dedine and Half of our waters ace Impaired.:Fragmented. conservadon efforts are not reversing the trend cif dedining fish popufaEons, Some of the prdncipal :factors contribudng tq these declines include e Habitat eles6•uctfon and fragmentaaan - • To~dc°sufstantes Nltragen.cantamination + AaidlticaHon + invasive speGes ®Harmfdl algal blooms ' • Rshinggearimpaats The Na6'onaf Aslr HabYtat Rcrian Fion is an investment strategy to make wnservation doUms ga farther in,tesiartng our waterways to sustainable hedfdr. Rocognizing their shared Inieresu are at stake, hundreds of pubftc and private banners are coming Eo• gether w fonn reglanaf ash habitat partnerships In areas where America's aquatc Lfe is most valnerabte. ('~~~ F'~t"~E?I_.E C3Fa6Cj6`~Cs FC}@~ FC)R~ FESF6 The National Fish Habitat Action Plan is a national investment st; ategy to maximize the impact of conservation dollars on the ground. Under the Action Pfan, Federal, state; and privately-raised funds wi(I be the foundation far building regional partnerships that address the Nation's biggest fish habitat problems. This is the mast comprehensive effort ever attempted to treat the causes of fsh habitat decline, not just the symptoms. ay 2010 the National Fish Habitat Action Man will: ® Assess the cond'Rion of a!! $sh !iabltau in the U.S. • Prepare a Status of Fish Habitats in the U.S. report • Establish 12 ar more Fish Habitat Partnerships in priority areas • Fund projects to protect, restore, and enhance priority habitats. By 2015 the Action Plan wi(I protect all healthy and intact fish habitats. By 2024 the Action Man will improve the condition of 90 percent of priority habitats and species targeted by Fish Habitat Partnerships, More than 450 ocganizadons-state and federal agendes;•.scores of non-profit organitations, along nrtth carparatibns,:academia institutions:; and native.Amerfcan tribes- are warking'togetherto_conserveand :protect aquatic habitat. f'lease;jdin!the thousands of. Americans who share.yaur passion for'flcHing and healthy fish Habitat Visirour webstte fbr-mare information: 9flt:~ S ~,~EB irk ~.~~' -131- Combining the collective efforts of state and federal agencies with iocaE partners is oar best chance to achieve steecess. <~ ~~ F ~~ ~ ; m~,~ ",,~ k 260 a:~~~k .. _~~. ~:~~ .._ ~. ~~~,..~. f..~ ~ ~ ;:. ~ ~~ :.m.y',~ : iS3 4N`~rEres p~ t .. acs. ATGEi ~~~`~~`~`" f~~~~~~~~~ 10 Waters to Watchare We ten most ptondsing rooters for demoashatiggfihe suecessfiil protection end restoration ofbs6 - habitat. ~T§resepmJenks ate part dfdhere~ Regional ash Habitat Partnerships are the work units of the Action Plan. This is gional efforts of We five Fish Habitat Pan- whet-e it atl happens-the assessmern aF regional needs, the planning and nersfiips. prioritization, and the leveraging of resources to implement local pro}acts to prated, restore, or enhance Fish habitat and population. National efinrtc will AnronRUm,.Mar•yland provide logistical and some financial support far the Partnerships, but dedsions Partners are wortdng together to restore are always made at the regonal level. water quality conditions irrforv mites of abeam. The Faction Plan envisions 12 dish Na6itat Partnerships 6y 2010. Six regional BigSpt4ng Branch, Wiscaetsin partnerships are already demonsn•ating that we can produce real results. They - .Partners are engaged crcahng scow are: pools, increase stream velocity, end • Southeast Aquatic Resources Partnership enbance.sinuosfty. • Eastern Brook Trout Joint Venture • Western Native Trout lni dative La1te L5cance iatend, Georgia • Driftiess Area Rastoratian Effort .Island ahorehne along a third of a mile is • Matanusica~Susitna basin Safman Conserwat'ion Partnership ;, rip.rappedtoproventerosion and enhance neer•siiore'hebftat • SouthwestAtaskaSalmon Habitat Pas^tnership 'Little 6usitna River, A[eska Watch for new Partnershps farrning in your region-and became involved! Partners arereplacing culverts to atlow satmon to agerd moveupslxeam entire- ' a cleiin cost roaring and spaaming . gmunds;, ~' o°Dtq 9prfug Creek, Montane i Partners erereshaping the natural stream -- - - coutseend renuniag tirc.floodp3ains to ._,. a ' riparian wotiands. ~r„»,~,- Sovth-FarL-Chn[kCreek,.Uialr a v s Aculvert will bereptaced withasmalt iy: bddt-e toreconnect 2:6 new:m4es of stream with.dotvnsiream are¢s. 6tinky Crcei:, Arizona Apache trout:and apeckleii-dace will bexe- _ ~ _ , '` ~ introduced a8er non,nafivef'ish ure re- . _ ~,_. t moved from tivo~mites ofastream: ~~r rv.~ ~~~ '~ ~` TampaBey:<orcling, F'imaddn ~'; Pmtners-consuuctod near-shareoyster t~eefe.along the coasttineto proUidehahitat - forSsliandndra~.marineafe. Trout Run, Miarresaie Partners re-sloped and stnbilized~erodirig har[Iss and narrowed the stream charutet in key areas to:improve Iaabitak:forbrown trouf. EI }ill .n~l'i c tH ! ZYI~[flnla T2tdrl~PtnriaPlD~ti}t , ' Thisprotect wtlt treatacid mine drainage ~iri5 ~ '.• ~~ ~ ~ forbrook trout populeHons on nice miles of an Appalachian steam in Northwestern '. PA. -132- yr :, NATkf,; N.M1! e _ ...._.__ _.._._. d'd!! ~` „~'„. ix. 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' r"~..=CCCU:i .B1JifR"zS n:'1 (,~fU3'!Clifit~7 Ii7 I ] r,J.4' f..2~i Y fjf„„~, h;• C:n a 'rqe rnca tila'fe - tits Yp,~d;idE;'7N.e.}I('. S. ' Sportfishing in hmerica, American ipor+,fithing Association i29C?;'. Commercial landia2s represent dockside dues frnc, Fisheties of Che United States 2098, Nn±ionnl N(arine pishevies Service, (Can'enA Fisheries Statistics, k"20^4, ,.aoven>lyer 29Q3}. "rot aeample, it it es[isnated that evezy;adizl mile of intact musuei we8anda reduces petantiel storm ,urge rei~hts bs : iverticat.eot (Suuue: C'40 Ite}>oC--GAO 36-'283'P,At;vy Corps of Engineer.: History c,`the%ake Pnnrci]artrain end Ucinii~y Hurricane Pro7ec Jcm ProjsetJ. ~ ~ 35- '. .__.... www.nshhabitat.orq c z E i4] NATIONAL FISH HACs T. AT ACTION Pt/rN ~ S~re~~s~ ~"~1•rr~ea°sh6p Determined to reverse the declines of America's fish habitats, a growing number of fisheries professionals, state and federal agencies, tribes, foundations, conservation and angling groups, businesses and industries havejoined together in support of the National Fish Habitat Action Plan (See Exhibit 1 for list of naztners.). CKE063 Ri1TER RECOVERY is fiver of .his fishing he poor f and water., ly,~none..of ndertaken .kfootRiver. In its design, the pion encompasses five important lessons that emerge from America's past efforts to protect and restore fish habitat: ~- Monitor and he accountable for scientifi- cally somid and measurable results. a Share information and knowledge at all levels from local canmunities to Congress. Development of the plan began in 2Q01 when an ad lioc group of fisheries inter- ests, led by the Sport Fishing and Boating Partnership Council, explotvd the concept of developing a partnership for fish hahitat sirniiar to that undertaken for water-fowl and their habitat in the 1980s through the North American Waterfowl Management Plan. (See Exhibit 2 fox a history of the initiative). Forged from past conservation successes and failures, tkte National Fish Habitat Action Plan is built on a set of principles that are integral to its mission '.. and goals. The plan is: PARTNERSHEP-6RNEN The plan works at federal, state, Tribal and local levels to target new and existing funding and technical resources for nsh habitat projects. SCIENCE-SASED JN W tANDSCRPESCALE The plan uses existing and emerging science-based tools to target priority _..._ areas and implement needed proiects, address causative Factors and use best practices. Project outcomes will be monitored and evaluated. ~ Ae strategic rather than merely opportunistic. ~ Address the causes of and. processes behind fish habitat decline, rather than. the symptoms. Provide increased and sustained. invest- ment to allow for long-term success. N'JN-REGULATpPcY The plan funds and supports proiects that are developed. voluntarily bywilling part- ners and stakeholders. Tnese voluntary projects will supplement the existing foundation of regulatory programs that protect aquatic habitats from pollution and degradation. www.fishhabitat.org '. -~ ~~- NATIONAL FISH hIABIrAT ACTInN PLAN [5] SUSTAfhI[D & RCCf3UNFASLE Ge'3A15 obatlCY9'ial 1'(Sli FiaE3aYaY 867asd The plan recognizes the need to support '. ~ Protect and ~__~.. regianat fish habitat initiattvcx on a long- maintain intact term, sustained basis. It also understands i-{ aC TI V7Tt E5 ]--1 and healthy coordination Funding Progress Help Establish the need to evaluate and report each. aquatic systems. &4upport Measuremen*. NewFHPs project's performance and demonstrate ! '~ L_ -` as PrevanC further -- t overall results to Congress, partners and degradation the general public. of fish habt- '~, FederalAgencies.~ '~_.-~"~~StazeF&W - - 'Phe lan offers an tm r.cedented a p p ° ppor- . _~ tats that have ~ / % ~ ~ ' ~ tunny to meet the chaIlerges of protecting; been adversely !/ q Industry restoring and enhancing aquatic habitats on Fribes~ affected. i ~ ~ t' I a national scale. The plan's vision of healthy ~ a= Peverse declines '~ ~ is Academia ~ ~ ~ , habitats, heattlry fish, healthy people and in the quality ~ ' t d s i/'j "" c ~'~, healthy economies will be adveved through ao owner ~. and quantity of ,a onservation Groups i i ceoperaticn, investment and stewardship. aquatic habitats This vision will result in local actions p voiects & P artners to improve the _ HaSicat !. that yield measurable social, economic _ I I overall. health ~ b I I S and ecological benefits-and mote fish! of fish and soda! Eco!ogica! Benefits Benefits other aquatic ,+~6~51€SS'3r B~~S ~G ~~3~~~'~E~~S organisms. a Ina ease the aua3iry and quantity of I ~zP t Pl F'F! far4u S ', N(1.,566N fish habitats that support a broad ~! The fSaiionai Fi>h Habitat Action !, The mission of the National Fish Habitat natural diversity offish and other ' pfar~ fetuses on frsPF and ti~eir '; Action Plan is to protect, restore and ~. '', aquatic species, habaats as keystones far the j enhance lire nation's fis'n avd aquatic com- fufE rancle of_ quatic bloa'ivei->ity munities through partnerships that foster OBIECTIt1E5 !, and aquaiit habitats in ', fish habitat conservation. and improve the a^ Conduct a condition analysis of all fish the liniCed States. ' quality of life for the tlrnerican people. habitats wsthin the united States by 2010. n focus os+ f'751^ Includes the ~ro- This mission will be achieved by: ~ -identify priorityfish habitats and estab- I tec4:ion,'resteratio;i anc;enhance- ~' ~ Supporting existing fish habitat lish Fish Idabitat Partnerships htrgering ~ A nTesrt of freshvwaier aad marine partnerships and fostering new efforts. li these habitats b}' 2010. species, including sheSi`!s?'~ and ~ Mobilizing and focushrg national and a Establish 12 or more Fish Habitat crustaceans. Local support for achieving fish habitat Partnerships throughout United States F4 focus an habitat c,ncomlTasses conservation goals. f by 2610. '~ the prrYSCtiOn, reaatatfon and ' enhancement of ~ reshwatee, se Setting national and regional fish habitat ~ Prepare a "Status of Fish Aabita[s in the estuarine and marine habitats. Ii conservation goals. United States" report in 2010 and every a Measuring and communicating the status five years thereafter. ~' and needs of fish labitats. a Protect all healthy andintad fish II~' a Providing nationat teaderslup and habitats by 201.5. 1, rcoordination to consen~e fsh habitats. a~ Improve the condition of 90 percent of priorityhabitatsandspeciestargeted '~ by Pish Habitat Partnership3 by 2020. _ -137- __ .__..._. _.__.. ._.___....._ .,___.._...._ __._._._.~__...__.__.._ ....-.._......._.._.__.; www.fishhabitat.arg [61 NATtO NAC FISN HABiiAT ACTION ALAN 2~' 'o s~. k " -f A ~. Scm~n~e ~ €~~t~ S~r~~eg~ The National Fish Habitat Action Plan's science and data strategy is built on four associated activities conducted cooperatively with plan partners: ~ Identify causative.faaors for declining fish populations in aquatic systems. a Use an integrated landscape approach that includes the upstream/downseream linkages of Large-scale habitat condition factors. x Assess and classify the nations fish habitats. a~ Pmvide partners easy access to information to support their work. The plan will assist all. partners in under- standing priorities for projects and how to prevent and reverse declines !n both freshwater and marine systems. St will use an integrated landscape approach to link upland and marine systems. ItwiI1 further the ongoing effort to determine the condition of the nation's waters byclassify- ing waters based on published landscape classification systems. Please see Exhibit 3 for more information. ~c~I~~~~v>~i~~~~~ss~t S~r~~ea~~° The plan kri$ be implemented through four key activities. Together, these approaches will lead to actions that are strategically employed and. results that can be mea- suredagainst protection, restoration and enhancement goals. The National Fish Habitat Action Plan will; Support existing Fish FEabitat Partnerships and foster new eforts. s< Oxganize a system of regional. Fish Habitat Partnerships around important aquatichabitats and species. Partnexships w!Il be focused on efforta that engage a wide range of partners to urotect, restore and enhance fish habitats. ~ Support Fish Habitak Partnerships in identifying priority habitat areas withht focus areas, developing action plans and conservation strategies, and implement- ingprojects. The plan will help local and regiona! efforts garner the necessary resources and provide decision analysis and other evaluation tools necessary to succeed. Woridng with partnerships to demonstrate successfiil on-the-ground habir<at improvement projects is - recognized as critical to the success of the national effort, a Provide science-based methods and tools to laclp partnerships measure .and demonstrate progress. Existing and established state, federal, tribal and local agency monitoring programs will be used to the greatest extent possible. Mobilize and focus national and local support for achieving fish habitat conservation goals. rc Build strong grassroots support that places fish habitat conservation high on the public agenda. Fartners at all `levels-federal, tribal, state and local-will help bring new and sustained www.fishhabltat.org NATIONAL ASH HABlT'AT ACPON PLAN [71 attention to the need for action and will e mobilize diverse stakeholder groups to REST43~6IdG ~~tFP6f&<G&~~~¢' advacate for fish habitat protection, restoration and enhan Bahia Grande!is an t 7,000?acre complex of three estuarine basins on the Texas ' cement. ' a: Increase fundhtg for fish habitat coastthatwereflnceafiighlyprodactiveshaliawwatersystem. nthe7830s,the conser- vation efforts at the national regional Port of Brownsville dredged the Brownsville ship channel, and the resulting~spoil b , and local levels by cultivating sufficient anks cut oYf flxe water su I for this tidal s stem.8ahia Grande than ed mta :. ~ pP Y - y ~ ~ ~ g public andprivate fund sources to an and ecosystem that nb longer provides extensive aquatic n ursegy areas for ~ achieee necessary actiorz. National and diverse~aqua$c organismsand valuable fisheries. Instead, its driBeing sands are regional fundraising campaigns, corpo- The sourceof numerous health and industrial problems inihe'Brownsviliearea. , rate sponsorships, restitution and setfle- The Bahia Grande Estuary ~~Rastoration project is bringing together a signtficaht ment fimding, and other approaches public-private r:oalltion to support one of the largest restoratior!;~projects in the will be used to increase the amount f United States. The wide array of partners and the various restoration techniques o funding available for cost-effective used to implement this project have made It rmfeworihy in theeyes of the ' &sh habitat conservation. ~~ Joca1 community and The conservation communhy. •=veryone is working toward a Focus existing resaurces to increase the common goal of restoring a productive nurseryfor recreationafly antl effectiveness in athievingYesults.Actas commercialiyimportantfishandshellfishspecies,birdsandwildlife. a caTafys-t for increased cooperatimi .~ - among federal, state, Tribal and local s - ~~` '°, ~-~"°'~'~Srr. Asearfyas20D0,4cean7rustbegan ~ ~'~gencies and increased collaboration _'~ working with federal partners. '. with conservation organizations ~,~W ~ to tut 2 system of channels antl , landowners and ether stakeholders, re-flood this esfuary;returriinjit Measure and Communicate the status to its natural state antl relieving and needs of aquatic habitats. Brownsville of its blowing du3t.The x Continue to refine quan"tative mettles +`~~stnf several planned channels to track the progress toward improving was opened in July 2005. In ~« the nation's fish habitats with a natianal ;'. addition, a plant nursery has been' "Status o£Fish Habitats" report issued constructed to prodide native `- every five years. vegetation, such as mangroves and ....,..r. ----- ., v Encourage and promote regional habitat '9 ~'~ e$ort.To date, 100 Vocal communit planning guided by the best available y members and students have information and science. - volunteeeed more-tijah 400 hours -- aEnhance existing data networks for use to plant mangroves. The planfingevenis.will be an ongoing efforT oncethe by habitat conservation partners. Create channels are reopened and the iocakion'liegins to return to an estuarine area linkages to share data,conservation ~abundantwithfishand±aifdli~e.'~ approache; and. other habitat informa- and replicated and less successful strate __-~~ "- - ---~~` tion among partners. gies to he improved upon ar abandoned. n' Assist parfnezships in developing base- a Communicate project resuhs and lessens j lines, nxdicators and measures of success, learned. Enable and facilitate learnin i 'emote objective and consistent assess- ......rent of projects allowi g among all partners about aquatic I ng successful and cost-effective strategies to be re sated ecosystems and how to be good stewards P of aquatc resources. -139- [8] NATIONAL %ISH hIA61TFT ?.t TION PiAN z ACS4pN PLAt~I l~Efl3EFi55 ~ Clean and sufficient amounts of water, a a-it;cal measure of landscape health and the well-being of people. ~ Healthy, resilient habitats that are critical to fish and wildlfe, water conservation,11ood control anti people, g Improved recreational, commerdal and subsisten e tishing, boaT.ing and other uses of aquatic resources. ~ Taraeting of Limited funding to produce measurab(e benetts to fish and people. a Improved undemanding of habitat cann=::tivity and havJ aquatic systems function and are n•~aintained. Provide national leadership and coordination to conserve fish habitats. a Work with. states and the Association of Fish and Wildlife Agencies to identify, coordinate and focus incentives at the state level to protect, restore and enhance aquatic habitat ~ Work with states and the Association of Pish and Wildlife Agencies to identify and ensure linkages, consistency between plan-supported fish habitat efforts and linkages with State ~4flldlife Action Plans and other simitar programs. Specifically use the National Fish HabftatAction Plan to leverage and implement appropriate fish habitat conservation programs out- lined in the State Wildlife Action Plans and other relevant programs. ~ Work with otltex habitat conservation programs, such as north American Wetlands Conservation Act Joint Ventures, to promote cooperation and coordination leading to enhanced protection offish habitats. ~ Through a Federal Caucus, coordinate existing federal program efforts to ben- efit fish habitat. Federal agencies have an important role as land, water and wildlife managers tluouglr a wide array of federal actions and responsibilities: Awareness of fish habitat opportunities, coordination of agency actions and follow-through oia successful strategies will enable federal agencies to maximize program benefits fox fish. habitat. Establish a National Fish Habitat Board to promote, support a,nd coordinate implementation of the plan. This board will oversee action and follow through. on all strategies ot` the plan. F~s~l ab~t~t gar~r~~~shi~s Fish Habitat Partnerships ace the primary work units of the National Fisk Habitat Action Plan.'I'hese partnerships are formed around important aquatic habitats and distinct geographic areas (e.g, Southeast Aquatic Resources Fartnership,) "keystone" fish species (e.g., eastern brook trout and western native trout) or system types (e.g., large lakes, impoundments, estuaries.) Fish Hahitat Partnerships: ss Provide leadership and help to develop fish. habitat projects at regional. and local levels. ~ Work with other regional habitat corner- nation programs to promote cooperation and coordination leading to the enhanced;: protection of fish habitass. a Engage the grassroots to build support s= fnr fish habitat conservation. - a Snvolve diverse groups of public and private partners and focus them on conservation offish habitat. n Collaboratively develop a-compelling strategic vision and implementation plan` that is scienfifically sound and achievablet m Leverage National Fish Habitat Action Plan and other sources of funding by building local and regional partnerships,:,; ra Ilse adaptive management principles. a Have the ability to develop appropriate regional habitat evaluation measures = and criteria that are compatible with nations( measures. o Address fish habitat conservation at a scale necessary to make a difference. ^) -140- www.fishhabiiat.org ,._„-,,,, _.,_- ___ 4ki9~1•@'a~Cb~~ Through the Association of Fish and Wildlife Agencies, tlxe states led develop- ment of the National Fish Habitat Action Plan in cooperation with the U.S. Fish and Wildlife Service (PWS), NOAA Pisheries Service and other key partners. The two federal agencies with lead fishery man- agement responsibility, PWS and NOAA Fisheries Service, served as the primary liaisons with other federal agences and the Federal Caucus. Federal, state and private organizations provided. personnel to assist in the deaelopment and. implementation of the plan. Trfoal governments also were invited to participate. The adopted. pier, will serve as the basis for i implementation. P, goterning board and small staff will be established to provide he support structure necessary for 1 effective implementation afthe plan at i the national level. GQVEP,NING BCIARD P, National Fish Habitat Board (Board) will be established with responsibility to promote, oversee and coordinate imple- mentation of the plan. Tkte Board wlll ,consist of up to 20 members drawn equally from the following s~ekeholder groups: ~ StatelAssociation cf Pish and Wildlife Agencies representatives (regional and at-large). a Federal agency representatives. (Depart~neni oEAgriculture, Department of Commerce, Department of Defence, Environmental Pzotection Agency, Depa~~ tment of the Interior) NATIONAL FISH hi Hl3f?AT ACTION ULAN [9] sr Conservationlscience/academicmembers, including one representative fi~om the National Fish and Wildlife Foundation. a At-large members representing tribal governments, interstate management agency representatives, industry {fishing, kaoating, ecctourism, etc.), elected officials and other interests. The initial Board wfll be appointed jointly by the leadership of Association of Fish and Wildlife Agences in consukatinn with PWS and NO_AA Fisheries Service. A state representative will-serve as the chaieper- son. Terms, processes, succession and other details will be laid out in bylaws developed by the Board. and action plan partners. Roles of the Board include: a Coordinate agency and. stakeholder involvement at the national level. a Develop appropriate policies and guidance for recognizing partnerships and criteria for allocating national finding and related resources. a Work to establish national partnerships the*, provide funding and other resources to the Fish Habitat Partnerships and other efforts of the plan, rz.. Develop processes to prioritize and deliver National Fish. Habitat Action Plan. funds tothe partnerships. ca Establish national measures of success and. evaluation criteria guideLuxes for partnerships. a Report to Congress, states and other part- ners on. th.e status and accomplishments of the National Fish Habitat Action Plan. -141- www_fishhabitat.org s a [70j AATIOPlAL P!SN HABITAT ACTION P'_tiN 34 percent of North American fish mussel species designatedas end. ~;. SFAFF Gore administrative staff from states (through the Association of Fish and Wildlife Agencies), FWS and NOAA Fisheries Service will he co-located and ini- dallyassist the Board in administering all federal and related foods and implement- ing programs designed by the Fish Habitat Partnerships. Additional federal agency staff will be provided to operate and mauztain the Geographic Information System (GIS) and other data systems required to ensure proper plan implementation, the produc- tion of "Status of Fish Flabitat"reports (eveiy five years,) The Conservation and Habitat Priorities Data Base, and to report on the success of die plan's efforts. Staff wilt be supplemented by additional agency and stakeholder representatives working ehrough interagency personnel agreements. Funding for these staff positions will be provided by federal appropriations ane partner contributions. FE6ERAf. CAEiCUS N ATIONkI P:SH HABITAT nCTtON PLAN [1tJ 1 I t# Provide communication links among ~: ~ ;: federaiagenciescooperatingunder 'E~~'pE~~'~~~~~~R~b.3'R.t~INT'L!EF~T:i#R!= the plan. ~ The Eastern The caucus also serves as a conduit for information How between federa] partners and the National Fish Habitat Board. (See Exhibit 4.) sclEl~ci= sr ts~,Ta ct1MMtTTEe The role of the Science and. Data Committee is to provide timely recom- mendations to the Board and partnerships I on teciuiical or science policies, processes, methodology or issues as regctested by the ' Board. related to die plan. Chaired by a state representative, membership will consist o€ two state agency representatives, two federal agency representatives, tevo non-govern- ': mental agency representatives, and twn 'academic representatives. All committee iSnembers will have demonstrated knowl- edge of pIan's science foundation. Terms, ~~''~, processes, succession and. other details wHl be Laid out in the committee's Terms o€ Reference to be developed by the Board ~~.d j dxe Silence and Data Committee within the first year of establishment. k RYttP1p~iRYffiIW, WMl,vu'MU,ux '%G+e.r' ,~ .. lm~,.wu.ww>ra max. a~..,a,.~:,.a,~' ®rv,rnawvr wxw2~sn f! "1 to Maine, forthe.health ofi riu the eastern United States:Rei excellent opportunitytoshare scientific resource strategies anij work together to raise the pub8c:'j -'which is an excellent indicator of healthy stream venture has developed the first ever range-wide trout, Tritiated development ofsirategic action:,K efforts to other partners. The Eastern, BrookTroutJointVentureisagn collaborative Fish Habitat Partnerships. ft 6ri scientific, management and communication ~: organizations. Based on a careful scientific a: partners arejoining to develop strategic acti -. at the focal level andthrough regional work f =Y interesfedpartners veorking on cormmonty agreed upon priorities, resources are leveraged,and focused~to niaximiie benefits on the ground far fish and pepple. _' The difference will be measurable. =~°iJ,G......._....______._.___....._._ www.fishhabYtat.org U21 rvnnonini. Fist r+aeirpr ncnoM P~F.N ~3C~'§@~7&~5 1: Sam~Ee of Partners CaaEiciri~ members 2: Kati®na! Fish habitat Actian Plan ~iiestones 3: Sc€enee and €~ata Strategy www.5shhabitat.org 4: Strateg€es-and Resaurces of Federal Agencies Erh6€~'st 1.5~~~~:: a~ P~~t~a~rs ~c~~~st~as~ 1~E~r~b~~s as ofAprt120O6** FEDERR!/TR4BAL Association of Fish and Wildlife Agencies j American Heritage Rivers Initiative" Atlantic States Marine Fisheries Commission I Coastal America" California Resources Agency I, Confederated Tribes of the California State University Umatilla Indian Reservation Central Valley Project Confederated Tribes of Warm Springs Chelan County Public Utility District(WA) Council an Environmental Quality Chickaloon Village, Alaska Department of Agricuhure Colorado Division of Wildlife ~, Farm Service Agency* Natural Resources Conservation Service* Colorado River Fish and Wildlife Council U.S. Forest5ervice* Commonwealth of Massachusetts ~, Department of Defense* Connecticut Department of Department of Housing and EnvironmentalPmtection Urban Development* Connecticut River Joint Commissions Departmentof the interior Comeil University Bureau of LandNanagement" Delaware De artment of Natural Resources p Bureau of Reclamation* NationalParL Service* District of Columbia Environmental Health ' 0(frce Of Surface Mining* Administration U.S. Fish and Wildlife Service* ~~ Elk'nar[, Indiana, City of . U5. Geological Survey" Florida Fish & Wildlife !Department of State Conservation Commission Department of Transportation Georgia Department of Natural Resources ~, Federal Highway Adminlstrafion" Governor's Advisory Coundf for Hunting, Environmental Protection Agency* eishing and Conservation (PA) .Federal Emergency Management Agency* Grant County Public Utilities Distritt (WA) ~!~ Federal Energy Regulatory Commission Great Lakes Fishery Gommissian I Klamath River Inter-Tribal Fish & Water Comm. Gulf of Mexico Fishery Management Council Lac Courte Oreilles Fisheries Gult States Marine Fisheries Commission National Oceanic and Atmospheric Hawaii Department of Land and Administration* Natural Resources National Marine Frsheries Service '~.~ Holyoke Gas & Electric Department {MA) '~. National Science Foundation* Idaho Department of Fish and Game N isquaily Tribe ' Illinois Department of Natural Resources Northwest Indian Fisheries Commissian Iffinois Natural History Survey Pyramid Lake Paiute Tribe Fisheries Indiana Department of Natural Resources i U.5 Army Corps of Engineers" ~,, Indiana University-Purdue University ~I fart Wayne INtTeRSrAr€rsTATErc€TY/uvly€RSeTr ' international Boundary & Alabama Departmentof Conservation Water Commission, US Section and Natural Resources Interstate Commission on The - Alaska Department of Fish and Game PatomaC River Basin Alaska Resources Library & Information Services Iowa Department of Natural Resources ' Allegany Sail Conservation District Kansas Department of Wildlife and Parks jArizona Cooperative Fish&Wildlife Research Unit Kentucky Department of Flsh and Arizona Gameand Fish Department Wildlife Resources Arkansas Game and Fish Commission Lake Champlain Basin Program _1 dF,_ iJ ATION AL FiSY, HABiTAt ACTIO N PLAN [13j www.fishhaixitat.org (14] 'V AFIONAt FrSH NA BIFAT ACTI9~ PLAN `c www.fishhabitat.org Louisiana Department of Wildlife and Fisheries Louisiana Sea Grant College Program Maine Department of Inland Fisheries and Wildlife Maryland Deptartment of Natural Resources Massachusetts Division of Fisheries and Wildlife Metro Wastewater Reclamation District (CO) Michigan Deptartment of Environmental Quality Michigan State University Mid-Atlantic fishery Management Council Michigan Department of Natural Resources Minnesota Department of Natural Resources Mississippi Department of Marine Resources Mississippi Department of Wildlife, Fisheries and Parks Mississippi Interstate Resource Association Missduri Cooperative Wildlife Research Unlt Missouri Department of Conservation Mono County (CA) Montana Department of Fish, Wildlife and Parks Montgomery County, Maryland Nebraska Game & Parks Commission Nevada Department of Wildlife New England Fishery Management Council New England interstate Pollution Control Commission New Hampshire Fish and Game Department New Jersey Department of Environmental Protection New Mexico Department of Game and Fish -146- New York State Department o€ Environmental Conservation North Carolina WiidfifeResources Commission North Central Educational Service District (WA) North Dakota Game and Fish Department Northeast Association of Fish and Wildlife Agencies Northwest Indian College Ohio Departmenk of Natural Resources Oklahoma Department ofNfildiife Conservation Oregon Department of Fish and Wildlife Oregon State University Oregon Watershed Enhancement Board Pacific States Marine Fisheries Commission Penn State University Pennsylvania Department of Environmental Protection Pennsylvania Fish and Boat Commission Pennsylvania Game Commission Plattsburgh State University Potomac River Fisheries Commissior. Rhode Island pepartment of Environmental Management -- South Atlantic Fishery Management Cauncit South Burlington High School, VT South Carolina Department of Natural Resources South Dakota Deptartment of Game, Fish and Parks St Croix International Waterway Commission State University of New York Susquehanna River.Basin Commission Tehama County R=_source Conservation District (WA) Tennessee Cooperative Fishery Research Unit Tennessee Wildlife Resources Agency Texas Wildlife Deptartment Trinity Management Council (CA) University of Georgia University of Houston CVear Lake University of Kentucky University of Maine University of Maryland Eastern Shore University of Massachusetts University of Minnesota University of Rhode I;fand University of Southern Mississippi Utah Division of Wildlife Resources. N A.TIONA;. FISH FVi BITAr RCTION i'LAN {fij Vermont Department of Fish & Wildlife Virginia Department of Game & Inland Fisheries Virginia Marine Resources Commission Virginia Institute of Marine Science Virginia Tech Washington Association of Conservation Districts Washington Department of Fisfi and Wildlife Washington Governor's Salmon Recovery Office West Virginia Division of Natural Resources Western Shasta Resource Conservation District Wisconsin Department of Natural Resources Wyoming Game & Fish Department P~fVATE Adams County Trout Unlimited Alabama B.P,.S.S. Federation Allegany Soil Conservation District Alliance forthe Chesapeake Bay American Fisheries Society "meriCan Fiy Fishing Trade Association :ierican Land Conservancy American Rivers American Sportfishing Association Anglers Unlimited Ann Lake Sportsman's Club Arizona Council of Trout Unlimited Association of Northwest Steelheaders Atlantic Salmon Federation Bass Anglers Sportsman Society B.ASS.'rederation Nation of Virginia Inc, B.A.55. Federation Nation of Washington Bass Pro Shops Bass Federation Nation of Washington The Bay Institute Beaver Leek Watershed Association (MD} Blackhawk Bassmasters Blue Hil! Hydraulics Incorporated BOAT/LL5. Botanical Developments Brightwood improvement Group Buckeye Angler Multimedia "~ •-ks County Chapter of Trout Unlimited tomia BASS Federation California Trout Canaan Valley Institute Catoctin Land Trust CH7M HILL Inc. Chesapeake Bay Foundation Clark-Skamania Flyfishers Coastal Conservation Association Coldwater Heritage Partnership Program Collegiate Bass Anglers Association Colorado Bass Federation Nation Colcrado Rio Grande Restoration Foundation Common Ground for Conservation Inc. Connecticut River Watershed Council Conservation'risheries Inc. The Conservation Fund Cook Inlet Aquaculture Association Crappie Unlimited Dauphin Wildlife Rescue Denver Trout Unlimited Desert Fishes Councli Ducks Unlimited inc. Eastern Buckeye Crappie Club ecosystem Solutions Inc. ENSR Federation of Fly Fishers Federation of Fly Fishers, Mld-Atlantic Council Fish Hmerica Foundation Fsharias Forever FoodSource Lure Corporation Friends of Big Hunting Creek Friends of the Rappahannock Friends of the River Friends of iha Upper Mississippi Fishery Services Front Range Anglers G.Laamis Inc. Garcia and Associates Georgia Power Company God's Green Earth Gomez and Sullivan Granite Ecological Services Great Lakes Sport F}shing Council HandMade in America Hatehmateher Guide Service HDR/LMS Engineering Hoh River Trust Hood Canal Salmon Enhancement Group Horizons Engineering _~~~~ www.fishhabitat.oro tte7 n~nrioNAL si,u; HnsrrnT ac~noN FLna Hudson River Foundation Icicle Creek Watershed Council ~~ {daho BASS Federation (daho Conservation League.. ', Idaho Outfitters and Guides Assodation ' Idaho Power Company Idaho Rivers United ', Idaho Salmon and S±eeihead United I[Iinois Smalimouth Alliance Indianapatis Flycasters Inland Aquacuiture Group LLC International Paper c` z c v Iowa BASS Federation ' Iowa Conservation Alliance lzaak Waltoa League of America Jamez River Association Jersey Shore Trout Unlimited Kansas Bass Chapter Federation Kaplan Associates Katmai Fishing Advenxures LLC Kenai River Sportfishing ICimfey-HOm Kinzua Fish & Wildlife Association ICnik Rlver+Flatershed Group Kooskaoskia Commons (WA) take Champlain Walleye Association Lake Gaston Striper Club Loire Havasu Fisherie~i~wement Partnership Land Trust Alliance Loftus Associates Luhr Jensen Litt4e Juniata River Association Long Live The Kings Louisiana B.A.S.S. Federation Nation Maine Aquacuiture innovation Center . Maine B.A.S.S. Federation Nation Maine Puip & Paper Associaton Maine Wood Products Association Management Systems international Marine Fish Conservation Network Maryland Saltwater Sportfisherman's Association Maryland Mraterman's Association Michigan Natural Features inventory Mid-Atlantic Council-rederation of Fiy Fishers Minnesota 6.A.S5. Chapter Federation Missirippi B.A.5.5. Federation Nation Missouri Smalimouth Alliance Moldy Chum Monocacy & Catoctin Watershed Alliance Montana B.A.S.S. Federation Nation Montana Cound) atTrout Unlimited Montana Watershed Coordination Council Muskies Inc. National Aquarium in Baltimore National Association of Conservation Districts National Auduhon Society National Energy & Gas Transmission Inc. National Fish and Wildlife Foundation National Marine Manufacturers Association National Wildlife Federation National Wild Turkey Federation Native American Fish & Wildlife Society Native Fish Conservancy Native Fish Society The Nature Conservancv The Nature Conservancy- eastern U.S. Freshwater Program The Nature Conservancy in Alaska The Nature Conservancy of Montana NamreServe NEIWPCC New Hampshire Bass Federation Naoksak Salmon Enhancement Association Normandeau Associates inc. wWV~.nshha6itat.org N ATID+~AI. FISH I?AH!TA7 AftIUN PLAN 17T] Northeast Generation Services Northeast Utilities Northeast-Midwest Institute Northvest Power and Canservation Counci4 North American Lake Management Society Northwest Marine Technology Inc. Northwest Sportfishing Industry Association Oklahoma B.A.S.S. Federation Nation Old Fueblo Trout Unlimited The O'Neal Schaol ;~ O.N.E.W.LLD.W.O.R.L.D. The Orvis Company Outdoor Heritage Education Center I ~I Outdoor Spedafty Products ~~~ Pacific Coast Federation of Fishermen's Associations Pacific Coast Joint Venture Pacific Rivers Council The Pantagraph ~,, Patagonia -... Pennsylvania Bass Federation >ennsyivania Biodiversity Partnership 'i Pennsylvania Federation of Sportsmen's Clubs Pennsylvania Institute for Conservation Education I Pennsylvania League of Conservation Voters Pennsylvania Trout Unlimited Pheasants Forever inc. Pizzo & Assocates Ltd. Potomac Fly Fishers PPL Corporation Professional Anglers Associarlon Pure Fishing Pyramid Lake Fisheries (NV) QEA LLC Quail Unlimited REC.Components Recreational Boating and Fishing Foundation Restore America's Estuaries Richmond Times-Dispatch Sacramento River Discovery Center j Samuel Tisdale Society j Shenandoah Valley Pure Water Forum ~~5lerra Club '-1' Silver Steep Partners Simms Fishing Products Smith River Advisory Council South Burlington Hlgh School, Vermont South Dakota Bass Federation Southeast Aquatic Resources Partnership Southeast Watershed Forum Southern Company Southwest Alaska Conservation Coalition Southwest Walleye Anglers of Arizona Sport Fishing and Boating Partnership Council Spring Creek Chapter of Trout Unlimited Steward and Associates 5treamsid<_ 5ystems Inc. St. Croix Rods Texas B.A.SS. Federation Texas Black Bass Unlimited Theodore Roosevelt Conservation Partnership ThorpeWood Trout Uniimhed Trout Unlimited, Arizona Chapter Trout Unlimited-Forks of the Delaware Chapter 482 Trout Unlimited-Long island Chapter 069 Truckee Tahoe Trout Fund Trust for Public Land Upper Nolichucky WatershedAlliar,ce Utah BASS Federation Utah Council of7rout Unlimited Washington rout Waterbody Builders WDawsons Inc. West Virginia B.A.S.S. Federation Nation Westem Maryland RC&D Western Pennsylvania Conservancy Wild Flsh Habitat Initiative Wildlife Forever Wildlife Management Institute Wolftree Inc. World Wildlife Fund 3 F 3 i `Member agencies of the Federal Caucus *'Partners list as of Apri14, 2006. This list provides an illustration of the variety of partners who pledge their interest and energy to the National Fish Habitat Action Plan. This list is anticipated to grow into a large and diverse conserva- tion coalition. www.fishhabita%.org [1$J NATIO NAi FISH HA 61TAi ACTION PiAN i7xhibi~ ~: i~~~i~srs~€ Fish F€~~xit~~ ~ac~i~~l PE~I~ fVii~est€~~~s The National Fish Habitat Initiative, w}tieh preceded the National Pish Habitat Action Plan, began in 2061 when an ad hoc group, inivally led by the Spnxt Fishing and Boating Partnership Council, explored the concept of developing a partner- ship effort for fish habitat on die scale of what was done foz waterfowl in the 1980s attended regional meetings and unani- monslysupparted a~ctiwt. Subsequently, momentum for developing a National Fish Habitat Action Flan surged. N121estanes include: ~ The Southeastern Aquatic Resources Partnership begins work on developvtg comprehensive habitat plans in 2001. Regional fish partnerships such as the White River Fisheries Partnership and Eastern Brook Trout Joins Denture also begin to emerge at this tone. a In 2004, Association of Pish and Wildlife Agencies {then the International Association of Fish and Wildlife Agencies) votes to take the lead role in the initiative and applies fox a multistate conservation grant to develop and beginimplemenrn- tion of the plan, Management Plan. Since its creation in 1986, the waterfowl plan successfully has forged partnerships and invested more than $3.2 billion to protect, restore and enhance more than 13.1 mlllion acres of waterfowl habitat. By 2004, afrer a series of meetings around the country, fisheries professionals and stakeholders were discussing a parCner- ship-driven, non-regulatory, science-based, landscape-scale fish habitat conservation cffart. Hundreds of individuals from the fisheries management community, conser- vation organizations and angling groups www.fishhabitat.org -150- a The National Pish and Wildlife Fnundatinu and, private partners, such as Bass P-ro Shops, pledge funds and align grant-making in support of the National Fish Habitat Action Plan to ensure that the plan's conservation. priorities and innovative appraaclres result in on-the-ground actions. ~ The U.5. Fish and Wildlife Service con- venes aFederal Caucus comprised of major federal agencies to coordinate federal efforts to develop and implement the plan. e. Beginning in 20114, dre Sportr'isfiing and Boating Partnership Council works with a variety of industry, conservation and agricultural groups to expand a parurership coalition dedicated to helping develop and ensure the success ofthe plan. °r A websit2, www.fishlaabitat.org, provides a commuttication link between plan working groups and a growing list of partners and stakeholders, which currently numbersmore than 250 organizations. es In 2005, the United States Geological Survey provides $100,000 to fund fish habitat data coIlection efforts at the IAFVJA, ~++ hr 2005, five tVIulCistate Conservation Grants are awarded to fund about $1.8 million far on-the-ground projects and continue development of the plan. ~ In 2005, IAFWA initiates the National Fish Habitat Initiative Project with multistate grant funds, The National Piste Habitat Initiative Core Work Group and supporting teens aze created and charged with leading development of an action plan by March 2006. es Congress appropriates $1 million in FY I I 2006 to the U.S. Piste and Wildlife Service for five recognized pilot partnerships to implement fish habitat initiative project; and to further develop the nian. The five recognized pilot fish habitat partner- ships u~e: Southeast Aquatic Resources Plan, Eastern Brook Trout Joint Venture, Western Native Trout Initiative, Midwest Driftless Area Restoration Effort, and Matanuska Susitna Basin Salmon Conservation Partnership. a The Bush Administration requests $3 million for the National Fish Habitat Action Plan in the hesident's formal budget proposal to Congress for Fiscal Yeas 2007 tct support fish habttaC partnerships envisioned under the plan. N ATtONAI FISN HA6!TAt ACTION PL ~N [791 ~ Plan approved fox implementation by the : Association of Fish and Wild&fe Agencies on March 24, 2006. ffi Plan endorsed by die secretaries of Commerce and Interior along with Association of Fish and WildlifeAgeucies leadership on AprIl 24, 2006. -~I~~- www.fisbhabitatorq 3 izo-l nancnA! rrsa hnairsr boron ptwm a+r~~,+a.€rch4ianirx5.~:n E~habs~ ~: Scie~c~ ~: ~~~~ Str~~eg~ The science and data strategy is built on four associated activities conduefed cooperatively with paxtiaers: o Riparian zone alteration that is the amount of land adjacent to cur waters no longer intact or in a natural state;. 1. Identify causative factors fox declinhtg f sh populations in aquatic systems. 2. Utilize an intcgrated.landscape approach that includes the upstream/downstream linkages oflarge-scale habitat candirion factors. 3. Assess and dassify the nation's fish habitats. 4. Provide partners easy access to science and data information. The plan will assist all. pu•tners in under- standing the causative factors behind the decline in fish and aquatic resources in both freshwater and marine systems. It will work with. partners to focus on process-level issues and work to reverse the decline in 5sheries and aquaflc resoxu-ces by directly addressing controlling factors. The key Target-scale ez,usative agents that will be included are: Cmnrectivity of habitats thaT am. be thought of as whether fish can reach all of the habitats they need to complete their life cycle and maximize their producti.ou. ~ fiydrologis alteration that refers to how the annual and daily flow cycles that many aquatic organisms key in on and need to maximize production have been changed by our actions. a< Direct habitat alterariov that examines the amount of aquatic habitat that has been physically changed on a large scale by our actions. a Water qualify alteration that is the change in icev water quality parameters from system norms that result in rednccd aquatic productivity. These are all process-level factors that are the underpinning of most of the fisheries and habitat problems we see today but are and have been unable to address by lust treat- ing local habitat conditions. The plan will use an integrated landscape approach that will allouw appropriate lirilc- ages to occu_* between upland and marine systenvs. Thus, what happens upstream in wnnected systems will affect down- sn:evn systems to the sea. To facilitate this approach, amap-based interactive data system will be built using web-based Geographic information System (GIS} teehnologry so any partner can see what vhe current status of their local waters is, what is impairing their local waters, possible app'taaches to improve their wagers, who has similar restoration. ayproaches so they can Learn front them, and to learn how their waters are changing in response to activities of the plan. To properly determine the candition of the nation's waters, all waters will be classified into similar groups based on published landscape classification systems from The Nature Conservancy (,TNC} and the Aquatic GAL' Prograns for upland systems and fi~om the National Oceanic and Atmospheric Administration, TNC and NatureServe for "i$e ripaeian wne protecis~u~a}i~syscemsirom many imynirmeneva~d when olteren often rand[ in lowed'fi6h and aquaria production, JGG marine systems. All waters wits be assessed with respect to their habitat condition using a suite of factors that address the process-level factors described above along with some of the biotic indicators of eco- system stress. l4raterswrithin a particular group wilt be compared on a 100-point scale with the best possible score in their classified group and to the best current waters in their group as atl waters have a target for our partners to achieve. Ail of the Factors will have direct linkages to rehabilitation measures so improvements from plan project activities should change the score of the system. This tnethod will allow far: ~ The direct and rapid assessment of the condition of tike nation's waters. a The evaluation of plan project success using a standardized approach. ~ The ability to compare and learn €rom activities of. others on similar systems within their classified group. ~ The ability to integrate data from all levels into one informatian system. Th.G plan will provide a mechanism to cIas- sify aIl waters and grade all waters with respect to their condition; insights into how to change the Yrajectary of their scores, provide options to address key factors, and provide methods and mecha- nisms to properly evaluate Their protects along with summing these evaluations nationally as a scaring of the effectiveness of the plan as a whole. N ATIOVAi F15H FIABiTFT ACTI6N PLP.N 1271 One key component of the plan s data system will. be to provide our partners ready access to existing conservation and habitat priorities. Information on exist- ing priorities can help guide partners in designing projects. Examples are found in the State Comprehensive Wildlife Action Plans, State Pisheries Management Plans, Marine Fisheries Council Plans, Watershed Assessments and TNC ConseivaYian Flans, to name a few. Much of this information is currently unavailable to our partners, thus integrating these priorities into a GiS system wtli allow partners access to this in.foarzation along with their source materials. Plan partners can then consider existing priorities as they design their partnership action plans and associ- atedprojects, whidt will increase Che timeliness and effectiveness of their efforts. Ensuring successful implementation of the plan's science and data system will require a detailed structural system desigat and computer system requirements. The data system is currently being desgned tc integrate distributed information and data systems into a stogie accessible gateway of National Fish Habitat Action Plan informa- tion, such as the state of fish habitat report, tracking of individual plan projects, access to conservation priorities and information about current habitat restoration projects. www.fishha6itat.org a £, [22j NA?ZONAL PIShi HABITgT ACTrpN PCgN E~~aa~~t 4: ~r;~~~~~i~~ ~ ~tescs~re~s a€ Federa@ ,4c~el~e~es sc,cwGROUrvo 7"he National Fish Habitat Action Plan addresses cooperative conservation of the nation's fish and aquatic communities and the habitat that supports them. iJiany fed- eral agencies have direct or indirect respon- sibilities for aquatic habitat conservation. These agencies have diverse missions and stakeholders. Conservation is not a primary goal of a}I agencies with a role in the plan; however, the benefits of effective conserva- tion contribute to the needs of each agency and the American public they serve. Goordiratian among agencies to achieve common goals is a challenging task, To facilitate interactions among federa( agencies and. with.other partners, the Federal Caucus was created to: ~ Provide a mechanism through which federal parrirers cur jointly identify strategies and resources to support tlxe plan. a Ensure that the plan provides _ benefts2o all agencies involved. ~ Provide communication links aznong federal agencies waperating under the plan. m; Serve as a conduit: for infm~mation flow between federal partners, the National Fish Habitat Board, and other pardzers implementing the plan, The Federal Caucus also provided a means for federal partners to offer input to the Core Work Group as the plan ivas drafted. FEDERA! CAUEUS tvtEMSERSHIP Since its inception, interest among Federal Caucus agencies in the plan has been high. Agencies have contributed. ideas for making aquatic habitaf conservation more effective. and some have committed on-*.he-ground resources. The following agencies have panic*.pated, and others tnayjoin the caucus as it develops. American Heritage RF•ers hnitiadve Bureau of Land Management Bureau of Reclamation Coastal America Department of Defense Depar#menY of Housing and Urban Development Environmental Protection Agency Farm Service Agency Federal Emergency Management Agency Federal Highway Administration National OceaNc and Atmospheric Administration National Park Service National Science Foundation Natural Resources Conservation Service Office of Surface Mining U.S. Army Corps of Engineers U.S. Fish and Wildlife Service (chair) LLS. Geological Survey U.S, "rorest Service -154- www.nshhabitat.arg -,,__.___._. NATIONAL FISH HA9ITP.T ACiIGN PLAN [23j STRATEGIES & P.ES'JURCES Federal Cancun participants will continue to jointly identity opportunities to contrib- ute to the goals of the plan. Table 1 identi- fies strategies and resources that agencies may commit.'Phese do not necessarily represent new strategies or commitment of resaurcea. Agenry actions may already be contributing to aquatic habitat conser- vation; however, tine Federal Cavcus will seek ways to share commor. strategies and resources £or m~axi,mum efficiency and effectiveness. Contributions have been divided. Into sev- eralcategories, listed belowwith examples. funds to partners that axe matched or leveraged. Under leveraging, stakehold- ers agree to match a percentage of funds received, either in direct financial resources or in-kind services. 0 Funding (Actual/Encourage leveraging): An agency's ability to provide financial. support to projects that contrib- ute to meeting the goals of the plan. It 'also includes an agency's ability to provide a" Example: The LJ.S. Fish and Wildlife Seevice was appropriated3,1 million in PY06 to conduct and support activities under the National Pish Habitat Action. Plan.'fhe funding will help establish the National Pish Habitat Board and conduct on-the-ground activities through Fish Habitat Paz-tnerships. Example: The National Oceanic and AtmpsphericAdministration (NOAH) Restoration Center has existing programs that find fish habitat projects, and these programs can be expected to fund projects under the identined by Fish Habitat Partnerships. Table 1: Strategies and ResourcesContributedby Federal Rgencies to the National Fish Habitat ActiorrPlan ' Encourage locei Committee FUpding partlGY WtIDN MOnltOr{n0 pattldpatiop InCDrperat2 CantlUCt 'A<tuat7 data-sharing/ Identify of pilot (in atldltion irsm lmemai proJetes an Encourage data fuse partners psojec[s/ to Fetlerei atrategtc Techniol fetleral Agency IeverngMg) development Etlucahon InoMetleral} M-situ help Cau<us) p6nnirtp expertise lends American Herfage Rivers lNflative ~ fa ~ I ~ i ~ a Bureau oPLend'Management ~ - ~ I CaartzfAmerir ~~~^--' Department of Defense --14m Department of Housing and'Urban Development t Environmental'Protectibn Agency Eh ~_- ~ ~ i ~ ~ i a e: ~ e3 at st ~ ~ ' i ~ EA ~ ~ _ ~ ~ b `~ ~ tR Farm Service Aoenty I~ ~ +5 . _. FederalEmergen<y Management Agency ~ I: n I _ _ a i xt i -~~ i -Federdl Highway Administration ~ s!. I~[- ~ v.! ~~ ii~ w j - NatlonerOCeanic antl Atmosphef¢A'dministraUlon ~ ~,' I R, ~ III u ~ at_ fR ~ j al , --- ~ NaHOnalPark Service ~ ~ ac ~ - ~ ~ ~' ~ ! R I R Nanon815tlence Foundation _' 'i i ~ - -' ('~ E ''~ L a'+ , € ,_ ~ .___ OFfice pt 54rFdCe Mining { ss:' i nt ( i86 I 55 ~ J ~ ~~ U.E-Army Corps of Engineers ~ #i ~ ~ m ~ ~ ~ ad US: Bureau of ftedamaticn ~ -- I to -_ ' Et I - ~ i U:5. Fish and WildiFe Service aF p. ~. ~ ~ - :s ~ R+ ~ rv: €r, U.S. Fares[ Service ~ ~- ~i ~- ~ ~ .., as I U5 Geolcgital5urvey -_- ~. IN 92 i i Ez I &r &. ` USDA Naturzi Rescurces Conservation>ervixe w~~~~ i _ ~ ~ a< www.fishhahitat.org Izal manoo~t sisH rneitnr ncrou rtgN 6ata Sharing /Data Base Development: Agencies agree to share data they collect, where applicable and appropriate, relevant to assessing habitat conditions and ont- comes of projects. Such data may be linked or combined. in an integrated data base. Agencies may also contribute information technology expertise to build or integrate data bases. Example:l7ie U.S. Geological Survey is a leader in the effor to establish a unified national. data bare for aquatic habitat conservation. '~~ The Environmental Protection Agency maintains a number of data bases related to water quality, a key component of aquatic habitat health. Education: Agencies wilt contribute to the development of materials far students, stakeholders and the general public to raise awareness of the values of aquatic habitat and the plan. Materials may include dass- roomlesson plans, presentations; websites, and other instructional items- a Example: NOAA publishes numerous outreach and education documents about the importance of fish and. aquatic habitats. y'< Example: Coastal America wit': encourage CoastalEcosystem Learning Centers to share the plan message and themes. Encourage focal partcipation /Identify partners (non-federal}; Federal. agencies will help identify partners who can bring ideas and capabilities to implementing the plan and encourage them to become active in its implementation. a Example: The U5DA ?vaturat Resources Conservation Service has identified con- tacts in the agricultural convnmtitg who could become valuable partners in imple- menting the plan. a Example: The Federal Highway Administration will help state depart- ments oftransportation protect aquatic habitat through technical. information and assistance Monitoring of pilot projects / in-situ heEp: Federal. agencies with field capabi&tieswill consider participating in ou-the-ground monitoring and evaluation of Fish Habitat Partnership projects. a Example: U.S. Forest Service has provided leadership and staff for the range-wide assessment of brool: trout and is working on field projects in. support of the Eastern Brook Trout Joint Denture. www,fishha5ltat.arg !: °~ 56° I<ATIONAI 615Y, itA BITAT ACi'i0N PtAM [251 Committee pareieipationrPederal agenry staff agrees to serve en other plan teams in addition to the Federal Caucus. ~ F,xample: The U.S. Geological Survey chairs the Data Team, which has been aificai in identifying opportunities to integrate data bases to assist with irnplementatian of the plan, Incorporate into strategic planning: Federal agencies will consider incotporat- ingthe goals and objectives of the plan, not necessarily by name, into their strategic plans. ''~ as Example: The National Fish Habitat Action Plan arose, in part, as one means through which the U.S. Fish and Wildlife i Service ran address aquatic habitat wnservation and management in its strategic plan. ~~ Example: The mission of the National. Fish Habitat Action Plan is reflected in the Strategic Ylan of the NOAA Fisheries Service. Technical expertise: Federal agencies con- sider committing staff resources to develop- ing processes to effectively implement the plan. Such activities include, but axe not limited to, working with project partners to identify best management practices and techniques for aquatic habitat consen*aflon, conducting research needed to reach plan goals, and analyzing data to evacuate pxojeczsuccess. ® E}:ample: The Office ofSnxface Mining will contribute its knowledge to develop- ', ing projects with partners to effectively '~ address acid mine drainage. - ua Example: The U.S. Army Corps of Engineers will contribute its design and construction expertise to rebuilding aquatic habitats. Conduct projects on Federal lands: To the extent possible, federal agencies will support projects emtducted under the Fish Habitat Partnerships that need to be carried out on federaIly administered lands. w Example:The Bureau of Land Management's 264 million-acre [and base includes a considerable amount of impaired fish habitat. The agency will work with plan partners to imple- ment fish habitat restoration projects on its lands. www.fishbabiYat.org [2fi] NATIONAL FISH HA91TAi ACl'ION PLAN Ex€~'sbi~ ~. [~at6~i~ia€ sish ~€ab>t~~ r~~t6€s~a pia6'~ ~ead~rsFt~~r Srsa~~a~t ~ R~~~~t Aa~~Ea~s~s~~p s EXECUTtVE LEAD'cRSHIP TERM John Baughman, Executive Vice President, Association of Fish and Uviidlife Agencies John Cooper, President, Association of Fish and Wildlife Agencies/Secretary, South Dakota Game, Fish and Parks Department Da{e Hatl, Director, U.S. Fish and 4Viidlife Service Bill Hogarth, AssistanE Administrator, National Oceanographic and Atmospheric Administration Fisheries Service CORE WORK GROUP Bang Austen, Chair, Pennsylvania Fish and Boat Commission Douglas Board, US. Geological Survey ban Bonneau, Iowa bepartment of Natural Resources Tmm Busiahn, U.S. Fish and Wildlife Service Christopher Estes, Alaska Department cf Fish and Game (Core Group National Coordinator) Jim Martin, Pure Fishing Stan Moberly, American Fisheries Society Laury Parramore, L'.5. Fish and Wildlifa Service Bill Reeves, Tennessee Wildlife Resources Agency lefP Restes, Gulf States Marine Fisheries Commission Larry Riley, Arimna Game and Fish Deparment Gordon Robertson, American Sportfishing Association Mark P. Smith, The Nature Cpnservancy Susan-Marie Stedman, NOAA Fisheries Service Mike Stone, Wyoming Game and Fish Department Norm Stucky, Bass Pro Shops William Taylor, Michigan State University Krys#yna Woiniakowski**, National Fish and Wildlife Foundation Gary Whelan, iVii~higan Department of Natural Resources Core Work Group Support Provided By. Eric Schwaab, Association of Fish and VJiidlife Agencies (Action Plan AFWA Coordinator) Andy Loftus, Loftus Consulting Dave Case and staff, DJ Case and ASSOCIates Wfiitney Tilt, Sonoran Institute *ABernate: Doug Hobbs, U.S. Fish and Wildlife Serve *"Alternates: Greg Watson, Marlton Llvingood and Liz Madison, National Fish and N.ildlife Foundation ACTION PLAN COPdTRtBUTtNIG AUTHORS Doug Austen, Pennsylvania Fish and Boat Commission Douglas Beard, U.S. Geoogical Survey Hannibal Balton, U5. Fish and Wiidiife Service Don Bonneau, lawn t7epar[ment of Natural Resources Tom Busiahn, U.S. Fish and Wiidiife Service Christopher Estes, Alaska Departmzrt of Fish and Game Jason Goldberg, U.S. Fish and Wildlife Service Eric Schwaab, Association of Fish and Wildlife Agencies Mark P. Smflh, The Nature Conservancy Susan-Marie Stedman, NOAA Fisheries Service Mike Stone, Wyoming Gzme and Fish Department Norm Stucky, Bass Prn Shops William Taylop Michigan State 'Jniversity Krystgna Woiniakowski, National Fish and Wildlife Foundation Gary Whatan, Michigan Department of Natural Resources WhiCney Tllt.Spnoran InsYttuY2 Janet Tennyson, Private Contractor Larry Whdteley, bass Pro Shops Mary Jane Williamson, American Sportfishing Association 3oshua Winched, U.S. Fish and Wildlife Service Tirn Zink, Theodore Roosevelt Conservation Partnership f1AT}t TEAM Douglas Beard, Chair, U.S. Geological Survey Stan Allen, Pacific States Marine Fisheries Commission ChaNes Brenta. U.S. Fish and Wiidiife Service Christopher &tes, Alaska Department of Fish and Game Margarete Hebar, Environmental Protection Agency Jeff Kopeska, Iowa Department of Natural Resources Andy Loftus, Lcfkus Consulting Kevin Madley, Florida Flsh and Wildlife Conservation Commission Dirk Mllier, Wyoming Game and Fish Department Beisy Nightingale, The Nature Conservancy Andrea Ostroff, Association of Fish. and Wildlife Agencies Ryan Smith, The Nature Conservancy Jeff Waldon, Conservation Management Institute, Virginia Tech Gary Whelan, Michigan Department of Natural Resources Pace VJitber; National Oceanic and Atmospheric Hdministraeion Brian Gratwicke, National Fish and Wildlife Foundation Doug Hobbs, U.S. Fish and VJiidlife Service Andp Loftus, Loftus Consulting Jim Martin, pure Fishing Phil Million, U.S. Fish and Wildlife Servirn Sean Moberly, American Fisheries Society Laury Parramore, US. Fish and Wildlife Service Bitl Reeves, Tennessee WOdllfe Resources Agency Jeff Rester, Gulf States Marine F!sheries Commission Lsrry Riley, Arizona Game and Fish Department Gordon Robertson, American Spottfishing Association -158- COMMUNICATIONS TEAM Laury Parramore, Chair, U.S. Fish and Wildlife Service Beth Beard, American Fisheries Society Hann'abai Bolton, U.S. Fish and Wildlife Service Rachet Briton, Association of Fish and Wiidiife Agenci=s Dave Case, DJ. Case and Associates Bob Elarke, U.S. Fish and Wildlife Service Forbes Darby, NOAA Fisheries Service Cindy Delaney, Delaney Meeting antl Event Management Kirk Gillis, Recreational Boating and Flshing Foundation Doug Hobbs, U.S. fish and W Idiife Service Stephanie Hunt, NOAA Fisheries Service Jason Goldberg, U,S, fish and Wildlife Service MariLou Llvingood, National Fish and Wiidiife Foundation Phil Mllfion, U.S. Fish and Wildlife Service Laura Nelson, National Fish and Wildlife Foundation Patrick O'ROUrke,AmerTcan Sportnshing Association Robert Ramsay, American Fly Fishing Trade Association Eri<Scharaab, Association of Fish and Wiidiife Agencies DEVELOPMENT TEAM Krystyna Woiniakowski, Chair, National Fish and VJI(dIlfe Foundation MariLmu Livingcad, National Fish and Wildiffe Foundation Liz Madison, National Fish and Wildiffe Foundation NAnon!AL Fisa I1AaITAT Acnonl PLAN ivl I ClENCE TEAM Gary Whelan, Chair, Michigan Department of Natural Resources Douglas Beard, U.S. Geological Survey Hat Beecher, Washington Department of Game and Fish Zachary Bowen, U.S. Geological Survey Mark Browder, U.S.'rish and Wildlife Service Christopher Estes, Alaska Department of Fish and Game Parry Gayaldo, NOAA Brian Gratwicke, National Fish and Wildlife Foundation Jonathan Higgins, The Nature Conservancy James McKenna 1n, U.S. Geological Survey bouglas Norton, U.S. Environmental Protection Agency Andrea Oxtroff, Association of Fish and Wildlife Agencies Cmig Paukert, U.5. Geological `~ ~rvey/IW nsas Cooperative Fish & tliife Research Unit Mark Peterson, University of Southern Mississippi Paul Seeibash, Michigan Department of Natural Resources vyRiTING TEAiU! Norm Stucky, Chair, Bass Pro Shops Doug Austen, Pennsylvania Fish and Baal Commission Tom Busiahn, U.S. Fish and Wildlife Service Christopher Estes, Alaska Department of Fish and Game Brian Gratwicke, National Fish and Wildlife Foundation Doug Hobbs, U.S. Fish and Wildlife Service Rndy Loftus, Loftus Consulting Phil Million, U.S. Fish and Wildlife Service Stan Moberly, American Fisheries Society Larry Parramore, t).5. Fish and Wildlife Service Eric Schwaab, Association of Fish and Wildlife Agencies Mark P. Smith, The Nature Conservancy Susan-Marie Stedman, NOAH Fisheries Mike Stone, Wyoming Game and Fish Department Whitney Tilf, Sonoran Institute FEDERAL CAUCUS t5ee page ZZ) PARTNER COALITfgN William Taylor, Chair, Sport Fishing and Boatino Partnership Council/ Michigan State University Doug Hobbs, Sport Flshing and Boating Partnership Council/ LL5. r'ish and Wildlife Service AFWA F[SH ERIES AND WAFER RESOURCES POLICY COMMETTEE Doug Hansen, Chair, SD GFPD. Kelly Hepler, Vice Chair, AK DFG Dave Alien, OR-USFWS Mike Armstrong, AR GFC Doug Austen, PA FBC Noreen Clough, AL, BA55 Gordon C. Colvin, NYSDEG Mike Conlin, IL DNR Stan Cook, AL DWFf Chuck Coomer, GA WRD Dave Cross, DC, USFS Ron Dent, MO, DOC Walt Donaldson, UT, DWR Steve Edar, M0, DOC Christopher Estes, AK DFG Carol Frorthman, VA, ASA Mike Gibson, AR GFC Ken Haddad, FL, F1NCC Bruce Hawkinson, MN, ASSOC Chris Hunter, MT DFWP Gary Isbell, OH DOW William James, IN, DNR Robin Knoz, CO, DONJ larrad Kola, DC, BLM Johanna Laderman, VA, FAF Anne Lange, MD, NOAA-F Wayne Laroche, Vi DFW Cindy Loeffler, TX PWD Ronald R. Lukens, M5, GSMFC Catherine Martin, DE DFVJ Bruce Matthews, VA, RBFF Stan Moberly VJA, NMTi Virgil Moore, ID DFG Gary T.Myers;TN WRA Kirk Nelson, NE GPC Doug Nygren, KS PWD Mamie Parker, DC, USFWS Ron Payer, MN pNR Ray Petering, OH DOW BFiI Provine, TX PWU Bill Reeves;TN WRA Larry Riley, AT GFD Gordon Robertson, VA, ASA Rudy Rosen, CA, DU Larry B. Simpson, MS, GSMFC Michael Sloane, NM GFD Kelley Smith, MI DNR Mike Staggs, WI DNR Doug Stang, NYSDEG Susan-Marie Stedman, Mb, NOAA, Fisheries Service Mike Stone, WY GFD Jim Tilmant, CO, NPS Ollie Torgerson, WI,.MAFWA Rod Wentworth,VT DFW Gory Whelan, MI DNR Eric 5<hwaab, Committee Staff Contact Fina! Interim Strategies and Targets for Nationa[ Fish Habitat Action Plan November 8, 2007 Introduction -The following are revised draft interim strategies and targets for the National Fish Habitat Action Plan (NFHAP} that could be implemented prior to completion of the first national fish habitat assessment in 2010. The draft interim strategies and targets were initially presented to the Board at its March 2007 meeting. Subsequent to the March Board meeting, the Committee leadership worked closely with NFHAP Board Liaisons (Mike Andrews and Kelly Hepler} to further develop the initial draft of interim strategies. Tire draft interim strategies and targets have been reviewed by the Science and Bata Committee (Committee), the NFHAP Board Staff, the Pilot and Candidate Fish Habitat Partnerships, and were broadly presented to the NFHAP Federal Caucus on June 26, 2007, for input. The interim targets were revised based on the strategies approved by the National Fish Habitat Board (Board) at its 3une 2007 meeting, and approved with amendments shown below by the Board during a conference call on November 2, 2007. Although our charge suggested we should not set numeric targets, we have provided possible numeric targets for each goal. for each partnership to achieve as an option for the Board's consideration. The numeric targets are based on "best" professional judgment and should be multiplied by the number of approved partnerships to achieve the national numeric target for each strategy. RTe have also provided a set of measures for each goal to allow success tracking to be done by the Board. The described numeric targets are proposed for the interim time period before the national fish. habitat assessmentrs completed in 2010. Partnerships should strive to meet the targets thaf are most relevant far meeting their strategic priorities, during this interim time period. Partnerships are not expected to meet the numeric goal under every target. The terns "pro±ectien ' "restore, and ` „ nha..,,,,' are ° ~ +--_ _. r >' deilnEd in nitaetzrttcut A. -160- natural pattern. iii. Acreages of reservoirs with enhanced habitat. iv. Optional measure -For each of the above, document whether the key target f sh or invertebrate populations remained constant or increased in distribution or relative abundance abundance. 3. Strategy 3 -Reconnect fragmented river, stream, reservoir, wastal, and lake habitat to allow access to historic spawning, nursery and rearing grounds. a. Connectivity targets for each Partnership, as applicable i. identify key systems where fish movement barriers are a key impediment to improved fish populations along with the key target fish species for thaw systems. ii. Restore full fish access to 500 miles of rivers and streams. iii. Restore full fish access to 10,000 acres of lake, reservoir, or coastal (freshwater, estuarine, or marine) habitat. b. Success measures for each Partnership, as applicable i. Miles of reconnected river and stream habitat with full fish movement restored. ii. Acreage of lakes, reservoirs, or coastal (freshwater, estuarine or marine) habitat with restored full fish movement. iii, Optional measure -For each of the above, document whether the key target fish or invertebrate population increased in distribution or relative abundance. 4. Strategy 4 -Reduce and maintain sedimentation, phosphorus and nitrogen runoff to river, stream, reservoir, coastal, and lake habitats to a level within 25% of the expected natural variance in these factors ar above numeric State `3Jater Quality ~:riteria a. Sedimentation, phosphorus and nitrogen targets for each Partnership i. identify key degraded systems whose sediment, phosphorus or nitrogen inputs have been modified by more than 25% above numeric State Water Quality criteria or from the natural and expected inputs. ii. Reduce sediment, phosphorus or nitrogen inputs into 100 miles of degraded river and stream habitat degraded waters to a level within 25% of the natural rates or above numeric State Water Quality criteria. iii. Reduce sediment, phosphorus or nitrogen inputs into 1000 acres of degraded lake, reservoir, estuary, or hay habitat to a level within 25% of the natural rates or above numeric State Water Quality criteria. b. Success measures for each Partnership, as applicable i. Miles of river and stream habitat with sediment, phosphorus or nitrogen inputs rehabilitated to within 25% of natural or other desired levels such as numeric State Water Quality criteria. ii. Acreage of lakes, estuaries, or bays with sediment, phosphorus or nitrogen inputs rehabilitated to within 25% of the natural ar other desired levels -161- Attachment A National Fish Habitat Acton Plan Science & Data Committee Protect, Restore, Enhance Terminology The definitions below are derived, in part, from the Federal Geographic Data Committee, Wetlands Subcommittee, composed of I S federal agencies involved in wetland related. activities. This Subcommittee developed definitions for restoration and related work to aid agencies in accurately reporting their program activities. These definitions also include a component of the "restoration" definition used by the Partners for Fish and Wildlife {U.5. Fish and Wildlife Service) and comments made by National Fish Habitat Board members at the June 2007 Board meeting. Protection; : The removal of a threat to, or preventing the decline of, aquatic habitat by an action in or neaz a waterbody. Protection may include, but is not limited ta: • the purchase and monitoring of land or easement; • repairing water control structures; • • assisting local units of government in zoning riparian corridors ar saltwater marshes for non-development; • establishing best management practices for agriculture and forestry; • allocating water to protect ecological stream flows and lake/reservoir surface water elevations; • acquisition and transfer of water rights; and • riparian zone fencing; • maintenance of structures. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning naturalJhistoric attributes or functions to degraded aquatic habit"f Habitat restoration includes, but is noY limited to: practices ecrnducted with the goal of resuming a site, to the extent practcable, to the ecological condition that Iikely existed prior to loss or degradation, such as restoration of riparian area's aquatic vegetation or woody debris, restoration of channel sinuosity, re- creation of reefs and spawning shoals ar recreation of freshwater inflows ; practices conducted when restoration of a site to its original ecological conditionrs not practicable, butwhiah will partially repair original habitat functions, such as, dredging to reduce sedimentation or developing of new spawning shoals; and removal of the disturbingJdegrading element to enable the native habitat to re-establish or become fully functional, such as removal ofbarriers to flow (such as dams or culverts), control of point and non-point source inputs or removal of breakwaters and bank armoring. Entrancement: The manipulation of the physical, chemical, or biological characteristics of a waterbody that heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement, flood water retention or increased fish productan/habitat. -162- INFORMATION ITEMS INFGRft+itil'ION I'I`EMS KENAS CITSf COUAdCII. NdEETING DECEMY;ER 3?, 20(b$ 12/I7J2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 12/09/08 R. Malloy, Ordinance No. 2347-2008, Draft Substitute B, amending KMC 1.15.040. 3. 11 f 08 Kenai Municipal Airport Enplanement Report. 4, ll / 10/08 University of Alaska Fairbanks, Festival of Native Arts letter requesting a contribution to the event. 5. 12/ 10/08 S. H. Lovett application for appointment consideration to the Beautification Cornmitiee (currently two vacancies), 6. 12/ 11/08 Kenai River Special Management Area Advisory Board Meeting Agenda and 11J 13/08 meeting minutes. 2009 Alaska Gaming Permit Applications • Pickle Hill Public Broadcasting, Inc. • Fraternal Order of Eagles Aerie #3525 • Kenai Senior Connection, Inc. • Fraternal Order of Moose, Peninsula Ladge 1942 2009 Alaska Pull-Tab hendor Registrations • Rainbow Bar/Pickle Hill Public Broadcasting • 4 Royal Parkers/Pickle Hill Public Broadcasting -164- W O O ~ O ~ O ~ V n rn m y M CV d 'a t~jtW Fk: J v 0 0 0 c a 0 0 ur" ~ o d cav c w a ~ ~ Z !IJ d W ~ . ~ ti tts fl W ~ Q Z ~ ~ Q IL r~ra ~ r ~o 4. tJ w w ~ ~ ~ ~ ~ ~ ca ~ q ~ N ~ a O O ¢ ~ C7 a U 2 ttJ Q J ~" LLt ~ ~ ~ W Z - ¢ ~ IiJ rte m ~ ~ ~ ~ .7 U <E Q t- j c~ ~- '~ Q O r•, ~ m K UKKKU 4 z ~ ~ p,, W ~ ~ a¢. ~ U Z c=i t m W w c¢i ? w U U ~ Z LLt ~ o c~ C7 z z ~ a ~ a ~ W ~ = U ~ U d -165- l~tl~I~m TO: Mayor, Conncil Members, & Administration FROM: Bob Molloy l7/~A /-~ DATE: 121091bS t~f(Gw SUBSECT: Information Item Ordi~sance 2347-2008, IJraftSubstitute B Based on the unitten comments received, and the comments and discussion during the work session of 10-15-08, I have made some additional changes to Ordinance 2347-?008, and have submitted a Draft Substitute B as an information item. The additional changes are the following: Page I. KMC 1.15.040. Section ltrl• 1. Pasting will be "to Clae a~ciczl bulletin hoard at City Hall," ur addition to the City's web site. 2. Posting will be done na later than "five (Sws" prior to tb,e date of tIse Council meeting, which is on a Friday for a Wednesday meeting. "[5:00 PM SIX (6) DAYS" is deleted. Page 2. KMC I.15.G40. Section i 1. The meeting packet is to be distributed to the Mayor, other Council members, and Che City Manager, six (6) days prior to the date of the Council meeting, which is on Thursday ~r a Wednesday meeting. "[B`l NC LATER THAN x:00 P.ivl.]" is deieied. 2. Methods of distribution -[DISTRIBUTION SHALL, BE BY MAIL, UNLESS TILE RECIPIENT OPTS FOR ANOTHER METI-IOD OF DISTRIBUTION, SIJCH AS PERSONAL PICK C;P, ELECTRONIC MAIL, FAX OR COCJRIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WINO WILL BE OI7T OF THE CITY OF KENAI DURING THE WEEK PRECEDINU A COUNCIL MEETING] -are deleted. a e 2 KIv[C 1.15 040, Section r 1. The meeting packet is to be posted on flee City's web site and to be pravidad to the Kenai Community Library, in order to be made available for public viewing, " zve (5 day,,r" prior Yo the date of the Courzci.t meeting, which is on a Friday for a Wednesday meeting. "[BY 5:00 P.M. SIX (6) DAYS]" is deleted. 2. A paper copy or electronic copy of the meeting packet is to be provided to any member of the public, or to any organization, upon request, five (5} days prior to the date of the Council meeting. "[BX 5:00 P.M.]" is deleted. . - -166- Pa¢e 2, KMC 1.15.640, Section (kl: I. Except for written public comment on agenda items, and emergency agenda item materials, any written material related to ate agenda item that is submitted too late to be included in tho meeting packet shall nat be considered by Council members, unless such late materials are submitted to the City Clerk no later than "3:00 pm the day_~' the meeting, and the Council affnnatively votes to add such late materials to the agenda item at the meeting. "[ L~LESS]" and "[12:00 P.M. TIIE DAY BEI ORE]" are deleted. r ;;; rv Bob ?vloiloy r r -~- -167- Submitted by Council Member Malloy -Information Item -DRAFT SUBSTITUTE B, Ordinance 2347-2008 L KMC 1.15.040 Agenda is repealed and re-enacted as follows: 1..15.040 Agenda and Packet - l3evelapment -Preparation - I3istributiun- Publicatinn- I.ate MMaterials, (a) The Mayor or other Council member may sponsor an ordinance Ior introduction or a resolution for adoption, and such ordinance or resolution shall be plaoed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council member may request a disettssion item be placed nn the agenda of a regular Council meeting, and such. discussion item shall be placed an the agenda of the regular Council meeting requested by the sponsor. (c) For Administration, the City Manager may propose an ordinance far introduction or a resolutionfar adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting, requested by the City Manager. For Administration, the City Manager may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review ar action by Council (d} A member of the public may request that a matter be placed. or. the agenda of a regular Council meeting for comment or presentation, and the matter shall be placed on the agenda of the regular Council meeting requested or agreed to by the requester, for scheduled puhlic comment or presentation by the requester, subject to policies and procedures adopted Linder paragraph (1) below. Being placed. on the scheduled public comment portion of"the agenda does not limit or restrict the requester's ability to speak on any other issue{s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings arld citizen discussion, or as otherwise allowed by the Mayor nr other chair of the meeting. (e) A sponsor, all co-sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published as provided in paragraph (g), and such item shall be removed from the agenda, unless the item has been carried over ar postponed from a previous agenda. (f) The City Clerk shall prepare the agenda for each Council meeting, after. consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shai,l he circulated to the Mayor and other Council members, and the City Manager, before finalization. (g) Notice of the date, tune, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the o~cial bulletin board at City hall, with publication to be dane no later than five (5) days prior to the date of the Council meeting, and posting to be done no later than five ;Si dm~ [S:UO PM SIX (6) DAYS] prior to the date of the Council meeting. In addition, notice of the date, time and place of each Council meeting may be given by broadcast media. The date of the Council meeting shall not be counted for purposes of calculating these deadlines. ,_ -168- Submitted by Council Member Malloy -Information Item - DP..A.PT SUBSTITUTE B, Ordinance 2347-2008 (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (i) A meeting pac:Icet, containing the final agenda, alt iegislatve items, and all supporting documentation for all agenda items, shall be distxibuted to the. Mayor, other Council members, and the City Manager, [BY NO LATER THAN 5:00 P.M.] six (6) days prior to the date of the Council meeting. (DISTRIBUTION SHALL BE BY MAIL, UIv"LESS THF, RECIPIF.,NT OPTS FOR ANOTHER METHOD OF DISTRIBUTION, SUCH AS PERSONAL PICK UP, ELECTRONIC MAIL, FAX OR COURIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WHO WILL BE OUT OF THE CITY OF KENAr Dt,RING TFIE WEEK I'RECEDiNG A COUNCIL MEETING]. (j} The City Clerk shall cause a copy of the meeting paci<et to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing,,{ive (5) days [BY 5:00 P.M. SIX (6) DAYS] prior to the date of the Council meeting. The Ciiy Clerk shall cause a paper copy or electronic copy of the meethng packet to be provided to any member of the public, or to any organization, upon request, [BY 5:00 P.M.] five (~) days prior to the date of the Council meeting. At Ieast one paper copy of the meeting packet shall. be made available to the public at the meeting. (k) Except for written public comment on agenda items, and emergency agenda item materials, any written material related to an agenda item Lhat is submitted too laic to be included in the meeting packet shall not be considered by Council members, unless such Late materials aze submitted to the City Clerk no later than 3:00 nni the day of [12:00 AM. THE DAY BEFOKE] the meeting, and jUNLESS] the Council affirmatively votes to add such laic materials to the agenda it,°,m at the meeting. The City Clerk shall provide paper copies of such Iate material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Cterlc also shall provide to Council, and make available to the public of Cho meeting, paper copies of written public comments on agenda items u,at arc submitted too iate to be included in the meeting packet: (1) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Cowxcil. 2. ICMC 1.15.050 Order of Business, paragraph (ej is repealed. r ,o. -169- >. ~~tC~® Muwicip®i Airport W~du~b~r ZQ.',B;. 6~7F38?, 27.04% GRANT t,822 ...ne.~.~, . •, F. ERA 4,386 72.98% ERA GRANT CHANGE KENAI Combined Month AVIATION AVIATION Total FROM 2007 AVIATION Month Total ~nn> Janua 6,011 1,741 7,752 335 7,A17 263 8.Oi5 Fehrua I 5.431 1,601 7,p32 601 6,431 297 7,329 March 5,306 1,605 6,911 244 6,667 285 7196 April 5,435 1,522 7,057 559 6,498 334 7.391 Ma 5.773 1.799 7.572 181 7,391 416 7,99D June 6,177 4,843 8,620 785 7,835 398 8,418 JuI 9,165 2,109 11,274 -332 11,606 444 i17t8 Au ust 8,417 2,075 10,492 I 281 10,211 486 10.697 Se tember 5.891 1,870 7,761 163 7,598 494 6,255 October 5,772 2 033 7,805 -41 7,846 452 8,257 Ncvamber 4,916 1,622 6.738 -675 7,413 36i 7 099 December G 6,771 Totals 66.294 20,120 88 414 1 501 93.684 4 232 92 365 5-year Comparison Chart 2007 2006 2005 2004 2003 January 7,417 ,y6,466 6,023 6,32E 8,454 t~~+.r~+&Yi `. ~"~,"'~'~r;~3~. t sse+, t~.Jr'H;1~.. ~t~;~~-, °a"~`~*a F ..,`ma .2~.7is~r;;r 27.4 ,.f`. ~v . '" „a, ~, , ~ i~ ii Marc5ch 6r6y.~6y7 ,~6?~fiGa ie6184 5393 5280 i~/H<~ '"`~h'""~'xa4m v,FIs~13±~.~~~"2ic i. ~4. FtM.+.~t''`, 4!`, '~ r4 rd'i,. .,. ,rr 5L f } f`1a: May 7391 7,.y07~1 ~p5,974 5,70p 66~5s,H6r~~4~~8yy ~~i'$'~I)sdl'`er": ,~~+, rFy, ,'~:f~. t c,l, iF_..:/ ~~/,..I~u..:~~~M`awf.?++Ix ,~~ a-,i .. ,. ., ?~ July 11,606 11,370 10,860 10,654 9,445 i~W4.~n,r<,,;~1a'~r~~~i F?;, rnL'~*i4'F'' cE` i„fv`.~~ `". ~"~~,~.ra~'~. %"~;U'"~~ .fi, , r. ,,. `'.. .U ..- ur,,s September 7.598 7,359 6,886 6,838 6,435 ~,,, - ~~.,1eZTL.IS~r.2.7.,±~;trs'~",~.r.~rY'..h~'.s. nrmfiykw3.,~Q~ my ~'a~, ~a~~~~~~'~~~,1~7b~cy~,.:>.,:?*!`;n av, v. '~.,.' November 7,413 7,068 6,938 6,245 5,820 ~F T°.?J'~,ti~`Y~, .~'.,~~;. y~}i.h'~J1i u ~ ass, i'~',nx vv r? a•, fv ~ N ! Jd i., ., . Totals 93,684 90,070 83,523 82,009 76,729 ~r ~~ ~ nl ''d i~t% x x y 'i f`' t lgu . ~+, 000 n 'v"" r`1 ~2ya "~`.'^-nyj~ ~~y r~„iS.fic~ .,'.. ~RJ;,r~' d~ r d„' ~' ^a n~`..~r~ ~,''~~''~b3~~~`ap.<~~ t°NV.E~~~r~~'K'i^``~''+~:G "x~~l t~'^%'°t~Y". ', .z .tisl1+~"si r' ix~'° ~+' ~+ A ,,?~ u'n h° g r r~ 90000 ~t ~ u 9 e6~ if' ro''~ 1 rs.t'".8 +"Ff~ ~~ +M3~ ~~u ~ ,.La '*-'r<3di'`r'~`Sa1.w~`~,~,sv'a'~r~rl~~-a"sx2 `,, s -, 85000 -..__-, rca ,',~, '.. ~' Ir y ~: ,...y.~„r v ' a*'~".~J. 80000 ®Seriest..~i I Y3F rv/T ~~~z F~ r M"dreY Y"~,,a ~~~,", ~~~ .`~ ,.N Z r/Ia r+''z3r ~.~~a~es? { f Prz. -s e ''. 75000 t ru r b p ^ir ~ `4 u"ivnl~a ~ :=°7T~ !Y, 7 rf .r J r ~ t~ E~^i"w 5~ K r~ ut it v ~~r 4 i ~:. _. , ~~! °}s ~.Wr r,; ^:a~- f .Y 70000 2007 2008 2005 200A 2003 ' -170- L-Ol/8vc// f ~estival of Native ~rts University of Alaska Fairbanks 315 Brooks Bu(Iding P.O. Box 75b3D0 Fa(rbanks, AK 99775-6300 (907) 474-7 i 81 • FAX (907) 474-5866 -._s.r_--- G _ ~. November 10, 2008 City of Kenaf ~"°~` 210 Fidaiga Avenue ;.__._.__.__.._,._....,__...._._,_._,! Kenai, AK 9961 1-7 7 94 ~,9'i ,' r?i c<d.y; Dear Sir or Madam, The Festival of Native Arts would (Ike to extend an invitation to City of Kenai to participate in the 36'n Festival of Native Arts will be held on March 19 - 21, 2009 at the University of Alaska Fairbanks. For the past 35 years, the Festival of Native Arts has brought to Fairbanks as many as 12,000 Alaska Native dancers and artisans for the sole purpose of cultural expression and education. Unfortunately, due to budget cuts and dwindling donation proceeds over fhe past year, the Festival of Native Arts is in need of support of Clty of Kenai for the upcoming Festival. Many reasons to contribute to the 2009 Festival of Native Arts: • Supporting Alaska Native cultures and the Arts; • Widespread exposure through media covering our event, in our Festival booklet, and on the Festival of Native Arts website (Check us out at: httpa/www.uaf.edu/festival) Distinguishing your establishment from most other corporations. The Annual Budget for the Festival is approximately 540,000. in this way, you may be assured that your contribution will be responsibly spent. Your contribution will be used to offset the following costs: • Housing the Native dancers and artisans when they arrive to Fairbanks; • ProvidPng the iJatlve dancers and artisans wiitiri7ree rneais throughout their stay; • Printing costs associated with creating our souvenir booklet; • Rental of vehicles to transport Native dancers and artisans from the hotel to campus; • Telephone and fax costs accrued to communicate with the Native dance group leaders. Festlval of Native Arts would Tike to respectfully request that City of Kenaf would be inclined to join us this year as a partner in our endeavors to bring to the Fairbanks community this significant celebration of Native culture for the 36m consecutive year. If you are in need of any further Information to assist you in considering our request, please do not hesitate to contact the Festlval office at {907) 474-7181. Your consideration with regard to this request is greatly appreciated. Thank you very much! Sincerely, Sarah Villalon Student Coordinator 3bm Annual Festiva( of Native Arts Attachments: Clyde of Giving Flyer Potluck Donation Flyer Roben Congdon Student Coordinator 36m Annual Festival of Native Arts ~h ; SPONSORED BY THE UNIVERSITY OF-~7A~IZA FAIRBANKS, FAIRBANKS, ALASKA 99775-6300 4/g F t v ~ Native Arts i to Giving !3y CYlC)OSH"?C~ %0 C~!\/C' ~'~ COI"1"irlh!.at!Gr! 1C) ia1E'. rC'SJV~lI C)if Nr'a.!V~ /~I"i:C ~/Oi.1I" C(~f ~JOr:_i`LiC)I ' b'Vlil `:)(-_` ~)i-ilJliCay !{~C~I"l:f`"IE'C~ r~S ~~r'. Ci(C~<IliZdl:O'~ 1;' lc~l: ~?a~)G)C~its I~laiiv(~ c~.?ICi_ar~l exF:)r~ssic)r ~Ir~d vn/ilf r~~( (~ivc ~!)OIk: <)do~c,yn/l- Pc1C~Er;'Ient 1J"lr~(_u~l~l distinyuiSl~lir~l~~ yC)tlr esi:~;r~,li~shrrt~r~7~ ~rorn !~1«st C::rtl'lr~r I~irc~E°r C~>!~~)~?ratiol~s w!r;c~s~rC-~:1(.~ ~x~)c?sul~e ;n C:)ur l e;tiv~ii I:)ooldet~~~~d or,~ o!_ar FeS~av~~i Ii~r7!el,)~~c~c. 1~r1 r~:f~'\rv_~n/~,n!.u~~F,~c~u~i ~stiv~~loft~~ltvr'_~~r?_s ~, ~ ~ ~ x { L; ~ ,II¢ ~ i ~ ~ _ py ti '• ° ~ L -172- ~_ ~ ~ ~: - Volzzntcers tocook aiicl i~re~?~:Ii-c, fro{~s ~sorn~"ca11 E~ec?c~>l~le at Iat~1~~nE>j - V~1 unteers 'to lzetp serv{~, set-u~7, and clean-Ilp - 1:)~~~~osalale ~»'cz~ic; itez7~ls ~~~l~z.t{~s, literlsils, l~a~~Itil~is, etc.) - l3z°ead. cz•ackers V{~~E~tal~l~~s, ve~etak>le~tr~~zy -~ ;1'uz<:e, tea ba~;s,cof~ee - (~:;c,oled l~lain~el~islies ol~ side dis}ales - hl~;y other food hems suitah~le fo.i" a potluck dinner yr a nionet~ary dozz~l.t~ic7.~ f;or t1~7~ purcl~lasE: o1'slu.ii zten°ls TJ~e c~.z;~ected atfenc~trrace it a~i1>a"oxi~n.al~ely ~~°CiC)~c~a~~le. I' Ol" 111C>I"E: 1~~1{{>"11"1~1tIOll, IJleF15E: C;OIljFiCl". ~i<;tt'$,'1 ~%11111~0i1 -- t)C) / 4~/=1^- % 1 f~ 3 O1' ~eSLIV 1~~1(),I,i.<1~.C'.ClU 173- ;:~~\ _ _~ - .,..,-,=...i s',. f CITY ®F I~El~AI "Village with apast -- City with a fieture. " SACKCrROUND AND PERSONAL BATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS _ RETURN TO: KENAI CITY CLERK ~~~~~ 2IO FIDALGO AvENUE KENAF, AK 99611 DATE: /~-~o-c, `b NAME: ~ ~ ~ ~:..:~ l-~ L__n ~' Resident of the City of Kenai? Residence Address _ Cr{~_ o~c x a Zoos PHONE: 283-7535, EXT. 231 ~~~ ~ FAX: 283-5068 How song? ~ ~. ~-r r.~"`~ ~--' Mailing Address rl ij~ ~ 4~=Z.~S~, _ :rte ~<2. ~_ ~4 fn l Home Telephone No. ~4, 1 r(~~~~c_-___w Home Fax No. _,_ ~ ~" r Business Telephone No ~~' `~ d- ~ O Business Fax No. ~-~~ ~~ Email Address: ~i~A~~r7 !~>~~ 13~3St"~~. K' !' ~_. 6~!<, l± S May we include your contact informafion on our web page? ALL If not all, what information may we include? ~!r S _ ___. _ ~~ - EMPLOYER: __ ~ ~ 1 ~~ ~ Job Title ,~ ?.~~. lT~ ___ NAME OF SPOUSE: ~ -(.~N I:9~`s I j-_ ~t1,J~.~~t~ Current membership in organizations: Fast organizational memberslxigs: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~~-i I ,r A)-C~Ciu.~` -1-- ~~1.'f - ~ ~~_~ »-~ r -174- WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? K ~Q~ IV Special Management Area "Working together...for the river" Kenai River Special Management Area Advisory Soard *** Meeting Agenda*** Thursday, December I i, 2008 5:30 p.m. Kenai River Center I. CALL TO ORDER A. Roli Call B. Minutes Approval C. Agenda Changes and Appraval II. Public Comments Special Presentation- HEA- Brad Zubeck- Hydroelectric research permits in the Kenai River Drainage III. REPORTS A. Agency Reports a. State Parks -Sinclair, Russell b. DEC- Stevens o, ADF&G- Vania/ Begich d. USF&WS- West e. USFS/Chugach- Skibbo B. Committee Reports a. Guide Advisory b. Habitat a River Use d. Permits e. Legislative/Government Activities f. Board Development g. Agenda f Board Structure/Housekeeping IV. OLD H[3SINESS ACTION ITEMS A. Discussion on Legislative briefing priorities. -Board B. Dates for Comp Plan review and Board Development training- Sinclair V. IUEVd S?I7SIIJESS Doug Whittaker- Confluence Research and Consulting- KR Recreation Use Study f.~1 Kenai Area OtTce, PO Box 1247, Soldofia. AK 99669, 907-262-5581 - - a!^` ~- ~'~rc.. Kenai Peninsula Borough, 144 N. Bfnkley, Soldoina, AK 99669 9Db262.4441 °~„ Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907-260.4882 Alaska Division of Panes antl OUtEOar Recr¢sdon. Department of~Wa'ural Resources,in cooperation wRrt the Kensi Peninsula BOmugh nv _ ~ ... . r u r e a VI. CO P89NI)EPICE VIE. PUBLIC CdRRMENT VIII. ADJ63I7R.NMEN'T A. Board Comments B. DateJAgenda of Next Meeting January 8, 2009 5:30 p.m. -176- I{enai I2sver Special Managemeat Area Advisory Board Minutes Kenai River Center Thursday, November 13, 2008 5:30 p,m. I. CALL TQ ORI,ER A. Members Present: Joe Connors, Brenda Trefon, Carol Padgett, Richard Dykema, Adam Reimer, James Czarnezki, Bruce King, David Carey, Wayne Ogle, Robert Begich, Jack Sinclair, Tim Stevens. Members Absent: Gary Knopp, Robin West, Ted Wellman, George Heim. B. The minutes for the October 9, 2008 meeting were approved as written. C. Agenda Clxanges and Approval: Dave Carey announced that the Legislative open house that was to be held this evening was cancelled. The agenda was modified from a legislative reception agenda to the regular meeting agenda. Chugach Electric was changed to Homer Electric Association. The agenda was approved ~.vith changes. D. Public Comments: Steve Meyer made public comment concerning reducing the distance that a Firearm {shotgun) may be discharged on the lower Kenai River, Kenai River Flats from 1/2 mile to i/a mile. The river use committee assigned to this subject dzd not meet. Jack shared that the Kenai River staff is working on a map of the existing and proposed area and will make it available soon. II. REPt?RTS A. Agency Reports Jack Sinclair, DPOR Superintendent gave a power point presentation example of the legislative briefing that was presented in Fairbanks. For KRSMA it was recommended that the board's "top ten" list be divided among the various committees. Dave Carey added that he has contact with all of the legislators and stated that it is very difficult to get all of them together at one time. It was suggested that is may be easier to get a partnership with another organization such as the Kenai Peninsula Borough. This would be a mare efficient use of the legislator's time. Jack passed around the "New Proposed Land Additions for the Kenai River Special Management Area". This information is being provided in anticspation of developing legislation for the coming session. The Cooper Landing Community Club recently voted in favor of sending a letter to Sen. Seaton encouraging that the state lands around Kenai Lake be added to the KRSMA. A similar letter from the Kenai River Special Management Board is recommended. -177- Tsm Stevens, DEC reported that the Kenai River hydrocarbon draft report is due before December 1 gc, This report will be fleshing out more of the interim report containing more statistics about the monitoring collected in July. DEC has received the Kenai Watershed Forum's first quarter report that includes the preliminary data. Review of this data will help in determining if there are any turbidity problems on the river. As least 2 years of data vrill need to be collected before a final determination will be made. Robert $egioh, ADF&G reported the meetings for the sport fish guide service board are still being presented around the state. The next step will be to summarize these findings from the public comments and provide them to the guide task force. Then, determine what changes are to be incorporated and review with ADFG leadership. iTSFS was not present Robin West, Kenai NWR, USA&WS was not present. $. Committee Reports Guide Advisory 11/ 13/08, Joe Connors reported six members were present. There were five items on the committee agenda; three were postponed for next month. First item on the agenda was developing some suggestions for the Education Program for users on the river. The second item was a report from the District Ranger Jacques Kosto concerning complaints, citations and written warnings. The third item was regarding the recreational use study and how the committee will participate. Habitat 11f 13/08 met at 12 pm today. There were nine members present. Bruce King was appointed new chairperson and Brenda Trefon will be vice chairperson. The group is putting together a draft legislative briefing report; the final draft will be presented to the full board. The committee will have an additional meeting prior to the regular committee meeting on December i 1. A letter signed by Borough Mayor Carey was circulated titled "Kenai Peninsula Fish Habitat Partnership". The letter describes the development of the Partnership. The group is in their beginning stage, currently meeting twice a month. It was recommended that KRSMA board participate and that one person from the habitat committee and one from the full board be included in the Partnership meetings. River Use l I/ 13/08 A Notice of Intent to Award was issued to Confluence Research and Consulting. Company to conduct the Kenai River Recreation Use Study. Mr. Doug Whittaker is the Company's Anchorage contact and will be here on December 11~ to do focus group interviews as well as meet with the different committees. Permits 11/ 13/08 did not meet. Kenai River Special Management Area Advisory Board Minutes - NovemHer Y3, 20D8 Page 2 of 4 -178- Legislative/Government Activities did not meet. Board Development Jack Sinclair extended his appreciation to Curt Shuey far his presence at the meeting and for serving the last two years on the board. There were two items of importance; finding a date the board can convene for a board development workshop and setting a date for the Kenai River Comprehensive Plan review. Agenda/Board Structure/Housekeeping did not meet. C. ®LD BUSINESS ACTIC)N ITEMS A. Board Develapxnent proposal, NaruirSee selection guidelines and By Laws chasages. The proposal was forwarded to the board members to approve the by-law changes for Nominations, Appointments, Membership, Meetings and Officers and Committees. James Czarnezki moved and Jae Connors second. Proposal approved with no audible opposition. In light of the recommendation made by President Carey regarding presentations to the legislature, Joe Connors moved that the KRSMA Advisory $oard partner with the Kenai Peninsula $orough relative with making a presentation to members of the legislature. Seconded. Approved c~rith no audible opposition NEW BUSINESS A. Homer Electric Associatian hydroelectric explanation in the KRSMA- Jack Sinclair brought to the board's attention that Homer Electric Association has applied for four hydroelectric exploration permits in the Kenai River water shed; Crescent Creek, Ptarmigan Creek, Falls Creek and Grant Creek. The Kenai River Special Management plan on page 82, specifically talks about impoundment structures. It was recommended that HEA come and give a presentation at the next meeting. Moved and seconded. Approved with no audible opposition. B. Lands Additions KRSMA- Sinclair. These were lands asked for before but were removed in committee. Discussion of lands and the map. C. CORRESPONDENCE -None D. PUBLTC COMMENT -179- E. ADJOURNMENT Berard Comments Bruce welcomed the two new members of the board. Joe Connors introduced Larry Mill founder of the now Kenai River Professional Guide Association and Iong time guide. Dave Carey submitted his KRSNIA Board seat resignation to the City of Soldotna; the new City of Soldotna's new Mayor will appoint a new representative to the KRSMA Advisory Board. Until that time, Mr. Carey will continue to serve for the City. B. Date/Agenda a£ Nest Meeting December 11, 2008 5:30 p.:n. Kenaf River 8pecsaY Managemeest Ares Advisasy Baasd Mfinntes - Novembes E3, 2008 Page 4 of 4 -180- 2009 Alaska Gaming Permit Application Organization Information Departmrm uu only Validationa i Ga[rscamp 826 Fetl IEIN f ory,anizatlon name ~ ~ F'ie 0 r ~ ~rJ U(renewinq, enter gaming permitR tt ~ ~ J 1 t ~r zt~cc"} ~~p Phone rmmher ~i Fax nwnber -' " ~d7- ~'~'-O `'~~ ~ D7-'oz ~~~- ~' 7C~ ~ ~ Iwebsheaadress f d cm, OL^t Mailing address o i3 0 ~ I ~ 1 riry ~ l~t'~~ r' Sla:e [ip+C ; aK 99'Gi/-~ 1l f Entity type (check one) +Or anization type (check one) tordefinittons, see AS 6S.IS.b90 and i S AAC ifi0.995 .orporation ^ Charitably ^ Fraternal ^Polke ar fire tlepanmem ^ Partnership ^ i.ivi; a servire ^ labor d Political ^ Assodation ~ Dog musheri assorratlon ^ ManfcipalitY ^AeGgious FY4'fdtrzarionai ^ Nonpmhr title associarimt ^Veterans ^fishtngdetl)ydSSOeiafW ^DaSbodld malal dSIDCiffiiOrY OIRAINJtlvr vdgP Yes^No Does the nrganitmicn have 2S or more members whb are Alatza residents as defined h[your amides of ht;orpomcor. or bylaws% n~emoers In tnarge of Games tAembers in charoe must be natural persons and alive me;nbers o(rhe organization, or employees o(Ihy mmtitipality, and tle6~gnated 6y the aganizmicn. Member; in [harge may not Ge licensed at an operator, be a regis[eretl veedorar an employee 4(a vendor for this organizatrort I! mom Iha+t are aRensme, anadr a separate sheet. Prlmarymerogerfirst name MI Primary member iasl name ~ J a n ~ t. ?~ + e r I r dt rr~e~;d,vs,. Gayr!me prone number ~ ~~7-~~3- ~~/33 ~MObile nemoer Some ma5ing address i (' ~ i3.ox '~ ~ Su' l City" - ~ State Zip+4 rldslheptkmdry;>t,~sn6ef pa5zetlthe fes0 ;~(YF5 ^NC Permi[AUndPr which!e5f wa5talon i Airymue member nrst name MI Ah..nate member fdsf name ' ~ '~Sociaiseurrirveu~.. imatl I ~~ F Da imCphonenumbe+ (( Mobl)ew , i~4 -3 °~,'Uyb 9D7-35' -8'oyC~ Hnm>e ma;lini7tldr^~ ~~ O ~~ l1 U I tirY `1~!~z~ Safe AK Z' +4 ~9G11-C~yU~ Has the a''"rernale member passed rile tesd ~4es ^Ilo permi4SUntlet which rese was taken ~ 93 Leal {~F1eStI0n5 The<e questions must Ge answered. !f ycu answer Yes m elrher quest;gn, see instrurtiens ^Yes ~No Ooes any member a(management or any peaon who is responsible forpaminy ^res No Has any meml8er of management or any person whols respnnv6le forgaroing aaivpieshaveaprohibiredconlliaotinteresfasdefinedbylSAAC160.954? artivftleseverbeenronviaetlofafelony,exronion,oravfolatlanofalawor ordinance of this state, or another jurisdlnion, that is a crime invDlvirg theft or dishonesty. ar a viafation of gambling laws? Wededarc underpenalryolnnsworn lols,Ynation rha wehavecxominedthls applimrlaq rnduding onyann;hwenrs, and char ralhebgrolaorknow/edgeand beliefiris nuenndmmplete We vndrrnan4rhatany lake srareaentmadeon the opp(rerMo aPnyINmrhmenrs h p^nishoble by law Byour sigr[olures bPlnur we rheprimory member, lnenlternm<. memher, and r(appl7rable, the managerolgomes, agree roaAOw the fkpaament ofR¢venneta mvlewanytrimrnal history we maY have in orradanr<w,rh t i R?I I6G 8i4. Prima emrlr. arge'ssignatus ,p!Inttln;!t; Ikte ~~ ~ ~ x; ~-- //-~ ~ President pr/o erafficer's si tore ee ins as _.,,,,, r Printed name Date - ~_a ~ ~ l 5._ NternaM e berlnCharge'ssig amre "'° r ro Prinsetlcame Dafe „-'"-- ~-' ~ ~F ^ l l - ~- c~ ! N o -ManagerotGames signature Grimed acme ' Dale Mail to Alaska Department ofRevenue -Tax Division PO Boz 11042D • Juneau, AY, 99811-0420 Phone (901)405-2320 • fax (90J)465-3048 www tax,alaska.gov/gaming 826 One copy of the application must be sent to the nearest municipality orborough. See insfruuians far mandatory attachments. Pay online with LOPS at wwwtax.o!aska.gov or make chew payable to State of Alaska. New applicants must pay by check. Retain a copy for your records -181- Permit fee the permit fee is baseC on 200& estimated gross receipts. Check the appropriate box. ^ Newappiicant SZO SO-520,000 520 S?0,001- $100,000 SSO ^ St00,001ormnre 5100 4arn 0405-826.1 web Hev 19!08 for 2009 ~ page I urgannanonname ___ Gamin permitq M rt~{}2 I-,Et 1} P ~i)u t3rD~dCt7Sftd e I ~~i I i Facility-based Games tself-directed ~r___,~_. , K~n~rcA6aMINGPERMfTAPPIlCATI6N ~ $j6 Of CHANCE AND (ON1ESiS Of iKll!~ i Farilityname ~ . ~~ ~~„~~ ~~~a~r rwu inuuueo, aue:n a se and Ce SOPCL Physical aAtlress - fit t I JScJ ~ S, u ~ 5}e jC~~ e n ~ a Srare L +a AK ~~ ~(a[ility type fthe[.k one) ' ~ Game type Rheck all [hat apply) _ C Owned ~'I ,eased ^DooateG ^Bingo Raffle ^Puli-tabs ^Animalchss'r (thitkesf' ^Animal dassiUrm rate,` ^Spetial hrawraffle'" ^(ala¢a goo Fatl6ry name Physi<dl address 7 GtY Slat 'Zip+a fa:iliry type ;dre<k one) Game type {theta all that apply) ~ AK '. ^Owiutl ^Leas>d p0onaced ^Bingo ^Hafhe CiPult-rys ElAnintalUassit{thirtral` ~Ar.,maldassir(ralrace)' OSpecfaldrawrafAe" ^Cahmtaa;,nr^^ I Area-based Grimes Ifmore(hanlvro areas, attachoseparatesheet •rerra,e,urfarr~e(,•r; ••sr~e,mrr~r,r~t~m,rmr,aoro~ya„allw,rntt Area // ~T ipps (checkalf rhzt aPP'Yl -- ~9 "Q VS ~t ~~~TRaffie ^COntcsto(skill Fish drby OUoy mushars'mntesr ^Ciassia (speti(yJ (Area 1 J ~acm-,e~type gt,eck all @ar apply) ~' ~Q iCi C}TY1~~ I et'safGe p(uat^sl ofsklll ^fish tlerhY ^Goy muzhers mnrezt ^Ozssrt (sGeciCyt __ Manager of Games RP~tr,re~ ~n,v (nt trl(.r#irartcrl n„u_r~h~ ,~~ ~,,, Manager first name M1 Manager last na+ne ~, Social seauity rumuer Daytmephoaenumber Hame mailingadtlress Email Mobile phone C'tY hate lip+a Permileunrlei wlneh lest ta6.enl liar the manager ofyaroes passed the lesB ^Yes ONo venpor}ntormation a!taAhzooq,e~~r:eni<trali~~fnrmi~,a,,~fA>,~,t~,o,,.~.,o~~~.,;.,_ar,_,_ . Bar or liquor store name - ~ ~t~• P6ys~~mess ~ ~ ~~~~ ~ ~ ~ ~~~~~~<,;y~~~~~~~ itare llp+ c AK ~ ~~ Bara ipua re namz a 1~p e Pirvs&aladdress ~ 3fa1$5 ~ , S> ~- City S~~Ic~ Stare ~ AK Zlg+q-s Cf Barror liquor storm e PhysitaladGess !City ~ Slate •trp+a 8aro:llquor store name P6yssal address ~Ciry RatAeK j2p+4 Bat orliquo: ztae name Physicaladdress iity ~ ~ AK Slate j Zip+4 AK operator intarmatian Oesi nateoperatorwhowilironduaattivitiesonlneorganizarion'sbehalCAfta,hsignedoperatinq(untraa(s!-limoretrtanoneaperator,atta(haseparatesheet Operaroiname Business name GamerypeLs) Operarorlkense~M Multiple-beneficiary Permittee Information (MBP) rJesignate the MBP wl(h which,heorganizafion has signed a partnership orjoini-ventcre agreement. MBP name ivame type!<.; MBPpermi,k ~e{Tat}{3no'fNe~P~a~~~ 6es(tribeindetaiihlowtheorga/n¢auonwill~us~thenelproceedsFrom~ninga<tivitie;. ('~ ~) ~y/ ~ T Pcl{lCZ'lTtOfa ~C~fYt /PS GT f~Ut,~ ~~~~~~ ~ ~~~•ewa ( o p~ra~~'~•y 816 ( Retainacopyforyourrecords formoaosate.twehfievm/o8mr2W9•page2 -182- L?PA 'Flt7nwture Frage £'ixgc ~46~~9wY £Pe~¢a¢rteutesat a€atvenu~ P'ernrisPee :s6gnaelure Fade "thank wr.~u Cex using tiee ~C7t~ C3et~Finz~ Permit rl}rpFicsntion 4~ysteret lrt tlrder ecA oomplete> w¢r p©ezniE apalicntioe:, gssu muro~t se~erd t&ny ~sFgrts~4 (irem tm 4h@~(}p,{tSWitAg R(PIXir@SA: e~t,[Ld: 'P'ath .`3ia•esFeetu, r13Ra&a Dapea~t`neen% m}'~,rvereue PCY ESox 8144ZF} .6estseasp, ~F6 !-9~1 €•6aZ4 P~ m r, : 55} 7wSt.F'r-34~>8 veer Zt~a~ Y,.J.y G~rreirsl K'crrrei±ItiCSnse ~.~___~__~~..-__...__._. 528 FarmitFae: Rlaraa Fraiem8l ~t~tler of E fas ABda # 3$15 ~_~-~______,_.__._.~,. F:tt~FfA.71N 92D045Utt) -._..___-._._._.__.._~. .'~RPiIG2i81Q!1 NU?nbEl' 2879 .., .._..__.._...._.._..-~.~_.r~. firz;Ynerrt Rss:cipt LE3$100bDf)~ Ci Y ,~ hairs:/!mp~afawkssY :Se_wk es/Tk,pF.C?F'Ai_f5ignaevre.ixspa i 1i16/'7pflPt d..l~.i351r~.A -183- E7~'e da9clxrre, s+nsfer nrna(C,r of uraswerrn fpls~ealltrn tC`,ci! w, nave ax,.emined this r.F+ptlraetart, irarlrrrfrep; anv artuc~hmenxs arx/ shrz., tca tke besF of our k:aawCedge ancF e+edief, tz is trrae and canrpleRCr. FW'e s.ndersAand that urayfad.a stair,•rrreent tnaac on the a~3t,*licattorvt yr pny rXttachmer:ts is raunixdaa-,*1a b,7: Xaru~. 5y otsr sipmaztrrea betsa;r,, xve, ake yrirm,ary memzfrar. dhe rxCternurt: ;member, rind f,{ctr~rlaecrhle, iYze manager t!fgrzrne,t, agree w a!i^w rhr. ltepart>nant q;'J2eeversue to review a>r/ crtrninat Pofstorir we, n+rnyr iussre, fn avcrrraCunce w~iRh / s ,~q(_' t d'C1.9.34. C?iT,a P3ignraeure:G'a~e t'a~e eFr~;arokeatieaa In"vrmezdivn ,. voar PEarmlt resquested far 2Qii8 FedRra? F.Irii ar Ataska Taz Iderrtificaticm lu;nnller ft2t7f1~6Qt6 ;.lame O1 t~rp~a n+XdYldn ar ttlturilai()ai4t}+ FraYemad QrdSr df Efu-1P6's AQrik ~ 3515 Maflin5 Aovr~rs t7ne BhiS .anyactr' Hwy City, SFafe Zip * 8 Kanal, AK 99G11 + 7dUB Tt>ispteo5ne ~urnher (Alt nurntrats IrTaVUde 5r¢R cr~drE) (&U7} .^.U+'3-P936 Fa:c Number {AIP numtsa*s Irrlade area c;xie) (5(17i 2S3+S9tM Crpaxnizatian Weaskie Address {7F avavYebYe) -Cype of :JrSaruxaNartr Fratemsf ilrypavelzad Ps CaPat'ISQFan `~"yst~,~aify ttre arganizatiran 4ype E•.ow w1Sl ecxiviees trE Carldue:ted'7 5e(f-t7irecCad Gy the Organizztiorv floes ihr, organisatlon h&ve 75 or mare. members Yuba are .Kaska r5akfeMV as~ defined in youF ertScies of Ye:; 'inL"prpCTeliUa aP YYy(aw@.F Navk, :f!a nrpArtization's aei4c4es of inc;:rpdrRPlan Nn rtYx~ed7 6-lave YI?e &raaMzRPian's krylaws changers? Na EsVimasxd grnss racalpfs her yersr prier Iu a1apllcsPlerue gfCO.Qgs m' mute year: ~darrncr T3~~pres r ac6'ity or Laa2tlCNa~,4'pee.IPiG - Ur;resdiaiyd PuiF.Tmiss Area Qastr:9 - 4)nrastda'aed Re3rics CCa<p ^1t1CF!'1'f:fl ~UC'ld"tfV OA'1./1CCdt3f3-8-Sj3£`f.'tj l'!.' c~arne'i yprxtsy PerlLTakx+s, ~aENsra F~attty rn' Location Kama PCE 36ZG Kena9 Pz4rrress. 5765 Kenai SPU! Highway Git}°, 9RSEa. 2iry Kr,~mal, AK 99Cii T + L}340 imr>een,hip Cvmetl A, ~1rdR^V/i~wb °ot' lff~E3rMitR£lUR _. Area Kama! (>ame 1'yPe(c) Rafi9es ri'erxrdnr ln}'rr,>mratiur. - _ _ . f7p,Pra'Par trefor.+stralivw ~ ... ls~cakkz/x&e-Irn.nr°ficiav9, #*as'mrelydq /1Nda'F°) r9n!'r. rse5ea°s ita R"'ha'r~r /-Nluna~=er u(CFtttrreu Whai pcai;ieFn doers his prZrson serve? hskemmta rand Pvianager First r~orrtd' KaiVy hBiddla Irut~l J L.a~t Naras Baakey Fltidress i i 5 ~'Vaiker Ln Ci(y, q}tass, Zip Kenai. AK 98511 + 74~Uf~ Ueaytirna'Takapha~na (?D07} 268-da38 Iwa~zWEe Number F'mai€ ,Adtlrass kf l~II~„salaska.net 'ryas this penxm Ea#sn the tesk? Yea F~amrFt nureaher rxnder +.M~ich the test w~es Gsazn _.......-. .-_~ .. V4lha: "ttkslti6 i tlae5 ihf%_ _ __.........../_ _,._, _. _,....~... _4.-~_ ps.son sendE,' . ..._~.,.. . Pn`r:a (Netr,berR t.harge Firs; etasme Brett Yw5i5dle !n!*Jat J Lent t3afne Holi Aridrems r:?9U Pv!rnk LI City. 58ate. 7;f~ Kenai. AK 956'11 Lett;56'. /enyalvsrsfi:ast:aEe.ak,.us/: gT;.C)PA L.(Sigrrt¢ure.aspx ! 1:36 T*701 ~?:~"a,Ki ('Ibi -184- t7~fe 4ii~{1t:~Ct3r'v' ff9,~,'L" Daytime TelephanP {307) iB3-32:18 Rhobi(e Number Emai! P,dtSress Has this p~cr~aun taker Ina leaf? Y¢sa Permit number under which Cha fast vats taken Lei>rdf Lrefornrxresan f~ersans canviand of a felony, eXlnrYion, or a viMa4ion of a law N6r1A ~e~srns Wi~'I 3 l}YUh115ifCd SYJn}IiCS 0}3liteC4°3t Ner)e h'er Fs•ocedrte Pedrra€don, Yaerrsdds scnaakarchips, school ac2iviffes, local charities, veteran's orgeniz2tions and many a§hsrre ~£tribchaarenat' 7"elle f2"Yt~eA ~AescrijrPioa iae,, s.llany~zi;~skn.aeaze.ak.us/"t :41{t?I'',RL/Si!„ttature.aspx ~.E~t i Il1,'a."1;1G$ ~7:3'?:~Jb 1?Rl1 -185- 2009 Alaska Gaming Permit Applicafiian Organization Information Repamnenluseonly Ihlldation A Dare sump 8~6 ~ederaCUd 92-0068633 IPrenewingzrtergaming~ermitM 0424 Phone number lfaxnm'nber 283-91 Al ! 283-5417 (Ngani~[ioename R+ebsiceaddress ;'enirL>ula Jrxicte 1942 UX?in __ k~naitmxnse.org_ Mailin Ic address X5 t!tv ~~' i S[a[n Zip+4 .0. Xkax 1902 t;~~ai- , AK 99511 Entity type (check one) Organization type (check onel for def**-nit n ^Charirahle ~ ~C [i zons, zee AS D5.1S.64G and U AAC 160 ®Earemal ~ °95 ^Policearfaede artmenl arpora o ^Parnrershlp ^Civica~rvice ^Labor p ^Polltlcal u shers ^ asociatlon o an ^ Muniip Gry ^Religiges ^ Educe Ibnal ~ ~ D Non mfitrrade r,odatlon f ^Vererns o ^ ismn assu ri cl g ^y or '=70utbaartl mororassadatlon ^~RAlluaive village Members in Charge of Games Members in charge must be natu!al persons and naive members o`.he agantzarinn, or employees of the munlrpality, tnddeslgrrated by the oryaniianon, A~rnbers'n charge may norbe flcens°d o. rn ~eratur, 6e a regtsf^red venGor or an emnlnyee of a vender far thls crganlzadon. if more thm=oee dltenrdm, a!tarh a separate sheet. Primary memb•r firs[name 1M1I Primary member last name Jaclc ~ 1A roller ~ 'zo'cial ~^m~xa mrmBPr _ ~ rinai! - j carjacl~,00112@yahoo. ~~ayt;me pher:z ,umber tv~o+alieneoHUer 2A3-9161 394-0423 li Hom=mai9ing address 601 Gibson tea ~ ` Ity State lip+4 Kenai _ AK 99611 rWas the primary member casedffie test? BYe<. ^yd Perrrita under whleh lesrwas taPen 0424 FI[ernam memberfirstnam= MI plmrnare memberlast nam Robert , L ~ Monroe Jr Serial semrim m:mhFr Email QCs /'tOir/'C r' 0213 C"%~~i°P`t" CDaynme phone number Mobile number 776-5519 690-2135 Home maillny address 53410 Mark F31vd City I, State 21p+4 Kenai ; AK 99611 was the alternate. member passed{h=rest? i ^Yes x-1No Permitaonder whlith test was taken Legal QUe$tEOns (heseGuestion,mustbeanswered IfyauanstirerYestoeitherquestion,s°elnst;u<tions ^Y<s L~No Does any member of managemen[oranypersonwhoisresoonsi5ieforaaming ^yes ~No Has any member ofmana9ementoranypersonwhoisresporstsleforoamirg activitleshaoeaprohiblfetlcon0idofmte~estasdefined6y'15AAC1609S4? aaivltieseverbeenrpnvicredofaFeleny,eecortlon,oravtoladonofalawor - ortlinanceofthtsstate,oranothcrjuns6icYmn,[hatlsa[rlmelnvolvinatheflor dshone;ty, cr a vioktion ofgamLiloy laws? VJe declnle, urrde; peno7ry ofonsrmra Caklfimncn fhatwBhave examined This oppficotion, indutlrng onq urtorhmerris, ond;nar ro rha hesrol our knawleGg°aad belief Iris trueond romplete~ We undentoMrhm any lolsestme~nenr madecn the apphrntlon aranyarrorhmentt!tpun&habie by low &}' ows,gndWres below, we rte prnrory member, me ule+raaremembet oad i! applicable, themunngerofgomes, agree~roeftow the fieportrrmn?of oenuerofepdewany rnmirolY,hro+ywemay!}a/e, in ocmrdanretritG i_AAC 16P.93?, ~'7. Priina~y Me erir C= :ge's ee ~ ~~ ~.- % 5° ~ f,.(,,..r' Prln[ed name ; rTskD. Roller i Date 11/10p`0^ Prea;_~rother oRicer's;lynamre lsec iratwcoo j Printed name Ua[e ~~ ~~_ ~+ RcbextL Monroe Sr 11 j10/08 hltrrnat Member Sr Charge4 sigirator=, ~wa& Prlntetl name Robert 7 . Monroe Jr Date 11 /10/0£l ~ '• Aanager !Game gnature ~ i `~- "_ Printed name Dare --I %,~- J C" ~ Jack D Pollen 11 /10J08 I~ail~ Alaska Department ofRevenue-iaK Division PO D,9x 110420 • Juneau, AK 998 t 1-0420 Phone 40T ar6S-1320 • Faz ;4G7; 465-3098 wwwPax.ataska.gov/gaming -~ ~ ~~ 825 ~10V ~ ~ 2008 --~...__ One copy of the application must be sent to the nearest municipality or borough.5ee Instrunions for mandatory attachment. Pay aline wlth TOPS at www.tox olaska.aor ar make cheat payable to State of Alaska. Neh applicants must pap 5y cheek Retain a copy far your records -188- Permit Fee the permit fee is based on 2068 estimated gross receipts Cherkrhe appropriate bdz_ ^ NevJappiicant S20 C SO S2O,OD0 r S20 ^ 520,00;-S10C,DO0 S50 i IE $i00,001armcre 5100 7brmodas-a1fi.t web aev locos r«aoDP • page, Organitationname -- GammgpermliW 2449 ALASKA Peninsula Moose 1942 hOCCk4 0424 GAMES OFCNgNt FaciVity-based Games (self-directed),I~orethantworatllltles,attachasepatatesheet. Facility name Physlcal address qry Peninsula T~xige 1942 ~ a251Fi Spur Hiway ~ Renai faalttytype(dmtr.one) Game type(c6eckalLhatapplpi ®Owned Ci(eased C10onated ~ ~Bingc ®RaP;e ~Paii-tabs ^Animal dassic,chirkeni" ^Anlmaklasslt Facility name 'Physical address ~~ rity Fa(illry type fehece one! Gamefype ltheik ail that apply} N Gwoed gk¢aseG C]Dawtetl Ottingo ^kaBle ©Pull-tabs ~Anlmai ckasslc ~<hickznl"~OPruma(daszr Area-ba$BdGameS If more than two areasattathas~aratesheet GAMING PERMIT APPLICATION I S26 E qND CONTESTi OF SRfL6 -_ i Std~K i tip+A 99611 ettacei° ^SoecialUawraf,`le`" ~Caltura pool" Stale Zip+4 AK at rare)` ~ Speda3 tlrawraffle`" ^ talruza pool"' 'cesvirre0yame rp~x= °•seeiawrxnnnslamaMOrnyottodunanrs Rrea Garoe type {check alf [bar appryl ~' ^Baffle ~~rrest of skdl7 ^Flsh tleroy ^Dog musfietstortett OClassic(speclfy) Fvea Game type icheckall t8ar apply) t ORaffle ^Conte,tolsf 111 ^Gish tle(oy ^Oog musher'conrerr ^<Iasshsped;yJ Manat~er0! G~meS Regttlre~'onlyforself-directed,~ull-tausanGbirga Managerfirst name ?71 'Manager lass name Social security number ~Daytlmephone number. Sack D Roller 283-9181 Norge maiiirgatldress ~ email ~MObile phone -{I 601 G,abson Way carjack2b0112C~yahoo 394-0423 it=Y (State tip+4 Permit k'cntler which msuaken pKen/ai yy /~ iAIi 99611 NasthemanageroFgamespassedthe;est? fives ^Na 0424 Vendor it l~~rmat~V~ ~TtdC(1 ~fl~9 VAf1?~N rPniShBilnn{n[mi<{and fa~ld fnr mrn ~mnan. lfarod rw h~., Bar ot!IGcor stem name Pnysirelaadress Ciry Srcre iZlp+4 I AK ~ ~~ i Baror6quorstorename ~, Phys¢a, aodress , try State i Z'to+4 I i ~ I AK Bar arliqua=store name i ;=hysi:af addr?ss City jStat? 'i Zip+k AK I Bar or~i uorsrure name q Phys([al atltiress I Gty Sa[e lip+A ~ AK ~°arxlicvo:ro~name Physicaiaddrvss Ciry iSate ~ i AK l!p+4 Operator Information Designate operato? whowiil conduct actiaiCles cn the organization's behalf. Atrch si9red operating mntraafsi. If more than cne ogeramr, attach a segarare sheet. Operarot name ~ Business name ~ Game rypfl(s) Opemtm license h' I I Multiple-beneficiary Permittee Information (MBP) Designate tfie FdBP with which the organization has sinned a oartnershio or iainr-vpnhrta anraan,une Dedication E26 yr rat, t tyli,eu~ ue)tIIUE'ul OE4dII ROW the OrgdNZdCl6i7 W(II US2 ih2 get pYBCB°hS ITOID gdn7ll"~dLtiVll'IQS Educational scholarships, food far needy, medical & health assistance and community service functions. ReTain a copy for your records -189- formp4C5-816,2 web Rev lClD2for Z909•oape2 2409 Alas6ca Gaming Permit Apps Organization information Deparm;emus4cnly i~ati~n vareatronr Dd(4 Stdmp 826 I Fetlerai E1N If renewing, enrer gaming permit p Phone number fdx Dumber ' ~2-~7 .t2-9~° /$`73 `fi~•)_2 3, s'Ge o ~ 3 ~ Oro ri anon name 4a'e6site addiess i ~~ t~or'i ,Se.nc..oV Ld n r,e-~'~ir n r. c.. hlaiiing aadress 3 ~ ~ wv,~Y ~ ~ ~ ~t City i!ate aK ;ip+a - i 9 ~ ~,~ i tntrzy type (cnetk one) ~ Organfza6on type kheck one) for dehnitions see AS 05.15.690 and 1S AAC 160 945 ~ -,i--.,: - , ~:<•~.: : Cl .,"t*"a! ~ ^Pnpre as nr4 bendrTlenl !1 i u: - I ~ ^ Parmerssip ^ t:ivlc ai servir° ^ Labor ^4oliikai j ^ Assotimlon ^ Dog mushers'assodatioc ^ Munitipaliry ^8eligiocs ! ^Fducalional ^Nonprofiuratleaswc~a!ion ^4=.terans I ^rishing oerbyassotiatron ^Oa:6oartl motor assctianon ^iPAtnativ4 village ) ~Y4s^NO Does meoreanlta[inn Bave2So!mote memberswhuare Ahaska resldentsasdefined In yoerarutlesof7rtmpnratico ur bglaws? - Members in Charge of Games Members to rnargemus; be natural persons antl auive nrembers of the orgaN2atlan, oremployees of me monicipahry, antl de,lgnatetlt the organlaaaon. MemGers in Marge maynol be iirensetl assn opera;a, be a rpgS!Ptetl ven[~t or an Pmpl0yPP of a Ve0O0t (oi (his Orgdniad6on. (mofP [Aa0 OnE dlPrnafe, dlldeh a Sepa2[2 sheet. f'dmarv member nrsi name MJ ~ Primary member lair name Salta s4<nnry nmmaet Email J ~ /~ Da yimepha~eoum6er Mebilenum0 9 fig. - U -5o'7G HamQ mdi6'Ca ddd[eeS 1 U• '1,~~a' lb'/ Cry stare Lp~a ~ JCrr-ra;c AK 9 ~ e, ~ ~ Has!firprkmary memGerpassed tflf test? Yes 6NO ~PermJtMU~~~e~es!wasuken 1 L I '.. Alternate member first name Mi Alternate member last name 1 ~. 5-~y e n'7~-Y ' Serial security n~Jnher Email Daytime phone number Mobile number ~ ~ ~ 3 - 7~-zv Herne mailing adorers 3~ J ~,~ov . City, ' Vam Zip+a c ne.i AK ~' ~l Hds the alternate membPi pa5S4d IhP'!ei!? Permit q unoei which ter! was taken Yes ^NO /~ egd QUeStlOnS?hesequezlicnsmustbeansweredltyouanswerYestoeitherquestion,seeinsnut?ions. Ores Nc Does any membero(managementoranypetsonw~hoisresponsible(orgamiog ^ves'~51o Has any memberoimanagementoranypersonwhoisresporu~b@(oraanin9 aaivlrieshaveapmhlbitedcon~aefinrerestasoefinedbylihAC160.954? activh[eseverbeemm~vi¢eabfalelony,ezronion,oravlalatronotalawor ordlnante o([hls State, or another jurisdiction, Char is a rime lm•olv~nq theft c Gs"oiery, cr a vialaticn of gambling lzvs7 We dednre, uncle: perehyo(unswom fo(s(fimnbr, lhur we have exomineC fAis opptimrion, including any o¢o(bmenu, Dad rhar ra the bes! al our knowledgeendbefrefit tt rrth pnOmrrrplere. Y1eunGersrond rho? any lolz rmtemeet made on the appGmrion aranyartochmerts u nunishablebvlow Bq oursignarurea below, we the primorymemGer, rfie atrerncre member, and n" applicable, tte monager ofgames, agree ro albw the DeDOrrmem c(Reveoue rc mviewon}• rrrmina(hFSmry wemay have, In atmrAenre whh t i AAC t6D.93A. name name In Chary~e'i signature signature Mai! .o Alaska Department of Revenue - 7aK Division PO Boz 110420 • Juneau, AY.99811-0420 Phone (907)455-2320 • Fax X907)465-3098 r~~c~rax.aiaska.govlyaming I __ -_ ...-,.. P tk'd c•P.~gv r„Wa~. -~ i~~v ~ s zoos 826 ~ ~: ~~ PrinreA name ,, ~ I l- 1 7- XPb` i/-l7 _1; name ;Dave Dne copy of the application must be sent to the nearest municipakity or borough. See instructions for mandatory attachments. Pay online with TOPS at www.tox,o?asko.gov a make check ~yable to State of Alaska New applicants must pay by check. Retain a mpyfor your records -186- Permit Fee IDe permit fee isbased on 2008 estimared gross receip!s. Check the appropriate box. ^ Newapplicant S20 SO 52400D ~~ S2D ^ 520,001- $100,000 $SO ^ S I OO,C01 or more 5100 ham DdD5~8t6. i web Rev ?OtOft !a iW4-page 3 l~rg n aticnname 'Gamin ermitM I ( 4J' ~ 9a 2009ALASKAGAMINGPERMITAPPLICATIONI 826 i 71P4'tcM. ~~'P.nc r' ~or~nec'=~`an c /R`~'3 ~`An+rsoF~entr~tataa~aN*ESUOtsK(tr (~ Facility-based Games (self-directed)Ifmorethantm~ofaciiities,attachase aratesheet. f tdilyname phy>ICaladdress City Smte Zip+4 n" ,.,-rte r Ct rr 1 ~~Y r e t AK E3tllity type (?hrtY, one) Gametype;ihetk all tnatapofy'1 i30~:ned ^Leasetl dDonated ~Bingo Fa`Ge ^Pul!-tabs ^Anlma!tWssic {rnicken)" ^Antmal classic (tar race)' ^Specialorn raffle" OCalmna peal" tacitlry name Physi[al atldres a Gty State 21p+? ~ AK ~Faccityrype ,che&dnn„ (Game type icheckall tna[applpV OOwneO teased ^porated ~ ~Binge ^BatFle nJ PJII-tabs ^Anlmal(fasslc (chl;kenl` ^An[n',al dassi<(ranarel' ^Speca(tlrawrafA,e" GCaku~r;a pool"' 'mvrdu~dgorrwry{u~ "Nr~atrtuumn~~rrr nundonvyarromnt ms Area-based Ga mes It mere than twc areas, attach a separare sheet, Area I Game typ€ (checkall that apply) ( " ^Rah~e ^Contesroffdll ^ilshtlelby ^Oogmushertcon;e;r ^tlassitgpe<i(yl kred Gdmery7e Bhe(k all Ehdl apply) ORaHIe ~Con!estdP skBl ^Pisr tlelhy ^Dog rmasherSeonresr ^C:assic (speci(y)_ Mena erafGameSRequiredoniyfnrsel!-dlrectedpul(-taosandhingo Manager first name MI Manager last name Saciel securlry number Daytlmz phone number dome rcalling address (mall `MCOlie phdn~ Cdy State IA+4 ~Permitduntler which test taken ~Nas the manager otoames passed the res,? ^Yes ~No Vendor information Attach 2009veroorregistradon(ormis;and(eels)ioreaGhvendorlistedbelov~. Bar cr lipuor!mre Dame Phys;cal adtlres UY Stare Zip+4 AK Bar a liquorsrore Dame Physical address CnY ~ . 4ate 1i +4 a AK ~ Bar or lipuorsrore name Phy eel address jUtY State lip+a AK Bar er liquor store name Physi!al address Clry j Stare Zip+a ~ I ~ AK ' ~ 3ar a Gpua smr=none Pbysira; address ~ Cry State J 2rp+4 ( ( i AK ~ __ Operator Information Designate operator who w(H conduct activities an the organiiation`z beheli. Attach signed operating conuacts).11 more than oneoperator, attach a separate <heet, Cpe<arorname 8uslnesscame Gome;gpe(s) ~Qtxratarlicenseq Multiple-beneficiary Permittee information (MBP) Desienatethe~>hBi'withwhirhihearoanization has sianedaoartneahioorioint-venmraaareemanr G~ametypelS) ~MBPpermitp Dedication I 826 f in detail how the orgarizalion will use the net Retain a copyfor your records -187- krm 040x826.1 vueb aeti 10/0& lcr 2GG9 •page 2 2009 Alaska Pull-tab 1~enar Registration ~ 854 A reg'sstratian is required for each vendor location. A permittee may not mntrztt with more. than five vendors at ane time. ' Apply online at www.mx.alaskagov/gamrng, 1 Perrnittee Information Fede al ElN ~-- ~ - ~ oo Z~_ Camini3 permi!q l3 i 3_ ~ Peunntee name ~ C r N,' / Pv~i>~ I3j-n ~~ ~,~F i Pho enumber Memb tin rhnr9e i ~07 28'3-~y33_ ~~ ~Ux'~~~- i Vendor Information Memberin;hargephmte numUe~ 9U7-~2 3~~'~13:3 Federal Ely.atS Ial Seturlly Number~~~ ~ Beverage dispensary (irens~H Package smle licenseN iDwner na /~r (/idt1P 1r~ ~~~C~ I Business itrensep .~0~ Business e ~ Zt ~ n ~ ~~ ~ ~ t'' (Phone mm~her I tax number g47-a~S'- C-/G~'~ Co Mailing addren p~~ ~ i ~ Ghyvcal ss olvxtdor lecati i City ~ h~ e ~ ~ i State f 11p+4 `~~/~ ~ Gry vendor loranon < ~'e j~f~, Stale Zip+4 r ! aK 9yrr, yr i Legs 1 l jueSt~o n S "Ilgnui basinesr hat nor teen i~suerl o /ederal flN ycumerequimd tnpronde your snaol serunrynumbet i hose queaions msusl he ansxmred by the vender, If the vendor arawen Yes to any question, plea= submit the poison's name, date of binh, social secarity numbw and poA!lan o(respors!biliry- ^Yes ~No Hasanymemberolmanagementoranypersonwhois;espansibleiorgamingartivitieseverbeentonuictadofafelany,extortion,oraviolationofalawor ordinance of this state or another jurisdrction, that is a crime involving theft or dlshonesry, of a violation of gambling laws? oyes ~NO De you employ or have a coniraa with the primary or alternate member in charge, o`ficer, beard member or manager of gaming for the above organ¢ation? oYes~No Doyou'haveamntrattotherthanavenaorrontracrwilhiheorganizaiionlistedabove? 'Vendor Contract to Seli Pull-tabs Pursuant to ASdS.I5.188, the vendorlisted above hereby agrees to se(! pull-tabs as a vendac on behalf of the permittee listed above The vendor further agrees that, as compensation for expenses intu«ed in se111ng pull-tabs on hobo!' of the permittee 3 ~ %cf fire Ideal net of eacfl game may be retained by the vendor as compensation. Permittee must receive at least 70~ of the ideal net from each game. AS OS.188(h), the vendor further agrees that an amountequal to the Ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor ro the permittee upon delivery of a pull-tab series. AS 05. i 5. i 88(ii. It is further agreed Chat the vendor will ensure pull-tab winners ofSSO or more will femplete prize re.elpt forms; that prize winner smnmary form will be rompletetl for each pull-tab game and retainedwith those winning pull-tab> r1S 05.15-187f1?,and these records of pull-tab winners wil4 oe given to the permittee to retain for the required two or three years. fiS 6S.i.S.187(f;. It is further agreed that it is the vendor's responsibility to ensure gaming aaivity at this vendor locatior Is conduced In aaordance with all applicable slate statutes and regulations It is further agreed that if the vendor is nn longer eligible to sell pull-tabs, then all unopened and opened pull-tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to tonduCl gaming activities, then all unopened and opened pull-?ab games must be heated in acrordance wi(h 15 AAC 160A90. We declare, and alty ofunswom fafsificatiart, that we ha~apmined this fottn, including attachments, and that, to the best of aurknowYedge and belief, it is true and complete. We uncle dthat try faiseRatement madgatryStis docum~q rattachmemsis punishable by law. _ Printed name t/X i Registration Pee is $50 I _ Pay ooline with FOPS at www,!ax.alaska.govor make dtetk payable to State ai Alaska. This registration font must be attached to a permit application form and will not be processed until the fee Is received. 854 ~ Aetain a copy for your records -190- Oepanment form 0405-85ks stb Rev 10108 fa 2009 ~ page r 2009 Alaska Pu(I-tab Vendor Regestration A registration is required far each vendor location. A permittee m<;y no! mnUact with more titan five vendors at one Gme. Apply online a( www.tna:alornn.govigoming. 854 '!'edetal El ) ) ~y ~Gamatg permliH ) (Petminee navme ~( 1 1 -~1~~~1 / I 1~~~ ! ~iCn1C'/'~i ~! ~UD~if ~Y'n l7 r~Cdi~l Atl atian Federal ffN Sonar Security Number` ~o ~ ~~~.~~ Bav,raye dispensary hcenseu Package store rcense3 ~ sa 7 ---~ y~ ~ I i z G Dwner Dam Business Eirense k `1~ou~, ~~e ~~~~7 Basin x5 i1P ~ ~~ /~o~ l ~ Maiifitgad ss _ _ PhNt' UWnL'el `--- tda' n°ntbet ~_ z~ r ~Pi^ s _ 407- 2 2- ~~-7d---- yv)-2~2-~' 75 Ph si(aiadJt^55nrvendat locmron i ~ i3 ~ 3 y City so~dn~ ~ i to Zip-I-A nyof~end° la Vint, Btai^ Zip ~*4 .~y~~ ~ ~s'~I~~o~~~____ A~ y~ ~ Leg a l Q uestl on s ' l(yonr businx+fs dos not beenissueda (ederol flN, you orerequireR ra provrde yum sotivl femrity number Thou q~enions mu;1 be answered by the vendor. Ihhe vendor answerz Yes to any question, please submit the persmfs name, date of Bit th. social security number and position of wsp°nsbiliry_ ^Yes Flo Nas any member of management or any per>on who is responsible far gaming activities ever beer, catvieted o(a feimny, extortion, or a violation ota law or ordinance of this state or another jurisdlctipn, tha[ is a crime involving [heft or dishonesty, or a violation of gambling laws? Yes ~'Nn 6ogouempioyorhavearontractw(rhtheprimaryoralterna(emcmbenncharge,officer, hoard memberounanagetofgamingiartheairovearganizztlon? ^Yes ~No Go you have a contract other than a vendor rontraa with the organization listed above? VendarContractto Sell Pull-tabs Pursuan(!o AS OS. i SJ88, the vendor I!sted above hereby agrees to seli'pull-tabs as a vendor on behall of the permittee listed above, the vendot fiutheragrees that, as compensation for expenses incurred in seI!ing ouB-tabs on behalf of the permittee~~9'a ahhe idea(net of each game may be retained by the vendor axompensation, permittee must receive at !east i0%of the ideal net from each game AS OS 1$8ih1. the vendor (urfher agrees that an amount equal to the ideal rot, Tess :he cotnpensatim awed to the vendor, shall be paid by check ny the vendor to the perm!Ctee upon deliver, efa put!-iabseries. AS OS.?S.1E8{il, Ii is further agreed that the vendor wtii ensure pu11-tab winners of SSO or more wi;l complete prize rereipt forms. chat prize winner summary form will be completed for each pu!I-tab game and mtained with those winning pull-tabs AS 05.15.187(1); and these records ofpull-tab winners will he given to the permittee ro retain for the required Imo or three years. AS D5.15.1&,'{f). k is firrther agreed that ii is the vendor's resconsibili(y to ensuregariing aaivitp at this vendor Iocatior is conducted in accordance with all applicable state statutes and regulations. IC is further agreed that, if the vendor is no longer eligible to sell pull-tabs, then a(I unopened and opened pu(I-tab games shall be returned to the permittee within 10 days. if the permittee loses the privilege to conduct gaming auiviues, [hen alt unopened and opened pull-tab games roust be treated in aaordance with 15 AAC 160 A9D. We dectate, under pewtry at unswom tatsification, that we have examined this form, including attachments, and that, to the best of our knowieGge and belief, it is true and tompleto. We understand thatanv false statement made on this domment or attachments is punishable by Ww. Sigaamre ~_~-~- Dep~use only valtdati°ra Det>Jnmenr use orly~. date stamp Registration fee is $50 ____ Pay online with TOPS at vlww, rax.alosko,gav or make dteck payable m State o(Aiaska. This registration form must be attached to a permit application form and will not be processed until the fee is received. ~ 85G ~ Retainacopyforyoarrecords tarmo-aos-85e.twebp°vtcroator2~i9•pag=t -191- MAKE PACKET COUNCIL PACKET ®ISTRIBUTION 1 COUNCIL MEETING DATE: Ia/,~/~ ~ Ma or/Council Attorne Ta for/Sprin er Clerk Cit Mana er ®'° Kebschull/Carver Police De artment Finance En ineer _ Senior Center Airport Kim Librar Parks & Recreation Clarion Fire De artment Schmidt Mellish Student Rep. KSRM AGENDA DISTRIBUTION DELIVER Council and Student Representntive 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 emniled as soon ns possible on pocket dny. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinnnces 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 ngenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before lenving the office for the weekend. CITY OF KENAI NOTICE OF PUBLIC HEARING DECEMBER 17, 2008 NO'T'ICE 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 December 17, 2008. Resolution No. 2008-ZO -- Confirming the Assessment Roll on the Shamrock Circle Improvement Special Assessment District. 2. Resolution No. 2008-71 -- Confirming the Assessment Roll on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District. 3. Resolution No. 2008-72 -- Authorizing the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport. 4. Resolution No. 2008-73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - 2009. 5. Resolution No. 2008-74 -- Authorizing a Budget Transfer From the City Shop Department to Various City Departments for Fuel Cost Being Charged Directly to City Departments but Originally Budgeted in the City Shop. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances ~. mailable 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 Co ncil prior to adoption without further public notice. ~,~~~ Carol L. Freas, Kenai City Clerk