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HomeMy WebLinkAbout2009-01-07 Council PacketAGENDA KENAI CITY COUNCIL — REGULAR MEETING ' JANUARY 7, 2009 'UNddaxa 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci. kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance 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. 2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance, 3. Ordinance No. 2366-2008 -- 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, 4. 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). 5 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 Fund for Replacement of the Center's Heating System. 6. 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. 7. 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. 8. Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. 9. 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, 10.0rdinance No. 2372.2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Municipal Airport -- Float Plane Basin Rapist (Preliminary Plat) Approximately 162 Acres Within the Airport Reserve in the City of Kenai From Conservation and Rural Residential to Light Industrial. 11. Resolution No. 2009-01 --Authorizing a Budget Transfer of $30,000 From the General Fund Non -Departmental General Contingency to the General Fund City Manager Professional Services for Lobbyist Services in Securing Federal Funding for the City's Kenai River Bluff Erosion Project. ITEM G: UNFINISHED BUSINESS — None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15000, 3. *Ordinance No. 2373-2009 -- Donating Certain Foreclosed City - Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 Through 039- 102-27), to Habitat for Humanity for Construction of Housing. 4. *Ordinance No. 2374.2009 — Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility. 5. Approval --Assignment of Lease/Everts Air Fuel, Inc. to ENA LLC, Lots 5 & 6, Block 1, FBO Subdivision. 6. Discussion/Approval -- Reappointment of Commission, Committee Board Members. 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 Fidalgo Avenue, or visit our website at httI)1/www.ci.kenai, ak.us. Carol L. Freas, City Clerk D/211 TESTIMONY SIGN -IN SHEET COUNCIL MEETING OF: 1/ ,71� ��1�000 MOLLOY rcrnrz��■■��� rcrnrz��■■��� 7 Page / of a r�2t 000 ELDRIDGE ELTIMM• �. -. 1111■���� MOLD , m • � .. ELDRIDGE ROSS COUNCIL MEETING OF: �7��? �uGt��I� Page of a M S v JOHNSON BOYLE PORTER SMALLEY MOORE ELDRIDGE ROSS MOLLOY a%f1 �Q00 �•. ELDRIDGE ��� .kyj Lei I• _� Min• •� � f AGENDA KENAI CITY COUNCIL — REGULAR MEETING JANUARY 7, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenal.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *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) 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.) 1. Ordinance 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 ............................................. 1 2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance............................................................. 4 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........................................................................ 5 4. 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. 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 Fund for Replacement of the Center's Heating System .......................... 10 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 ............................ 12 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 .................................. 16 Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures................................................................................................. 19 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.................................................................................... 20 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 .................................... 24 11. Resolution No. 2009-01 -- Authorizing a Budget Transfer of $30,000 From the General Fund Non -Departmental General Contingency to the General Fund City Manager Professional Services for Lobbyist Services in Securing Federal Funding for the City's Kenai River Bluff Erosion Project .................................... 28 ITEM F: MINUTES *Regular Meeting of December 17, 2008.......................................................... 42 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS Billsto be Ratified.......................................................................................... 58 2. Approval of Purchase Orders Exceeding$15,000.............................................. 59 3. *Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat of Addn. 1 8a 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing............................................................ 60 4. *Ordinance No. 2374-2009 -- Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility.......................................................................................................... 65 5. Approval -- Assignment of Lease/Everts Air Fuel, Inc. to ENA LLC, Lots 5 & 6, Block 1, FBO Subdivision............................................................................... 76 6. Discussion/Approval -- Reappointment of Commission, Committee Board Members....................................................................................................... 82 ITEM I: COMMISSION/COMMITTEE REPORTS Councilon Aging............................................................. ..................... .......... AirportCommission........................................................................................ Harbor Commission....................................................................................... LibraryCommission....................................................................................... Parks & Recreation Commission.................................................................... . Planning & Zoning Commission...................................................................... Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. d. Advisory Cemetery Committee.................................................................... e. Kenai Convention & Visitors Bureau........................................................... f. Salmon Task Force..................................................................................... ITEM J: REPORT OF THE MAYOR ........................................................ III ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (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 15, 2008 in the council chambers, beginning at 5:30 P.M.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. (Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council meeting to allow for an ordinance to moue forward, 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 $1, 000 to $5, 000 and incorporate those amounts into the Statement form.) ITEM N: -- None Scheduled. INFORMATION ITEMS JANUARY 7, 2009 Page No. 1. 1/7/2009 Purchase Orders Between $2,500 and $15,000 for council review...... 117 2. 12/30/08 Public Works Department, Project Status Report ................................ 118 12/ 18/08 Department of Fish &, Game letter related to National Marine Fisheries Service listing of beluga whales in Cook Inlet as an endangered species........................................................................................................... 120 4. 12/22/08 Senator Murkowski letter related to closure of the Congressional DelegationOffice............................................................................................ 121 5. Article/New Proposed Land Additions for the Kenai River Special Management Area.............................................................................................................. 122 6. 2009 Alaska Gaming Permit Application/Friends of the Kenai Community Library........................................................................................................... 124 7. 1/6/09 Kenai Peninsula Borough Assembly Agenda ......................................... 127 2'fr�u � �a`��'° //-�=v &---- C (77 Ccic_e .vGi � C SG /� �C2S5 OF 6-�✓2c�5��7 � � c�� Page 1 of 1 From: annette villa lakvilla9@yahoo.coml Sent: Monday, November 10, 2008 9:15 PM To: Harold Piland Subject: Hi Hi Harold, I am sending a letter that you requested via e-mail . Hope all is well with you. Sorry to hear about the pace maker I know how much you did not want it.But hopefully it is helping you. I will try and stop by soon. Love ya bunches Annette To whom it may concern, I would like to express how wonderful it would be to have the kitchen at the visitors center become a legitimate Dec approved kitchen. It would be a great asset and would open up all kinds of possible buisness opportunites in our community. Thank you so much for considering this Annette Villa G Citizen Report of City of Kenai LC informational Meeting January 5, 2009 x . . Q: If the intent of the LC zone is to "provide transition areas between commercial and residential districts", then how is it applicable to change RR1 in order to bring in a LC zone? Q: If a RR1 lot with a currently occupied home on it is rezoned to LC, and is not then required to follow the LC landscaping rules and paving requirements, when does it become LC? If the home owner does not have to follow the requirements and rules, and the owner of the home does not desire or intend to sell and or turn the home into a business, why rezone the property? Q: Does property that is currently zoned RR1 that is rezoned to LC get assessed for tax purposes at a higher rate because it is now higher in value? (Question asked 3 times by 3 different individuals) Is it fair that a home owner who does not want to sell their home or go commercial now has to pay a higher tax on their home because it is no longer zoned residential? Q: Did the City contact property owners in this corridor and ask them if they would be interested in the rezone before establishing which properties to rezone as directed by Councilman Ross on December 3? Q. Is this meeting being recorded? A: No Q: The LC zone is characterized as beneficial because there are landscaping rules that are required before permitted. Are there regulations for continued compliance, for instance if all landscaping is live, and dies, would the commercial entity be required to replant or keep up the appearance for the continuation of the buffer? A: No Q: What kind of landscaping would you approve of that would be a lasting buffer? A: Fencing Q: If LC zoning has more in protection for residences than RR1, could RR1 zoning simply be changed to add those extra measures? A: Yes, you can write anything in to zoning restrictions Q: Does LC zoning have restrictions for commercial signs in regard to flashing lights or neon lights? A: No Q: Would rezoning 13 lots to LC in a RR1 area with the potential of 18 businesses increase traffic creating hazardous conditions for residences in the vicinity? A: Yes Q: Does Administration take into consideration the financial impact a rezone from RR1 to LC has on property owners within the district? A: No, that is not defined as part of the criteria to base the recommendation Q. Would rezoning RR1 to LC allow for businesses such as "Kinko's", Massage Parlors, Tattoo and piercing establishments, "Wendy's" restaurants? A: Yes, if those restaurants and entities could be established in the 3000 square foot limit. Q: Did you not recommend allowing a variance for a dentist office to 5000 square feet? A: ? (reporter does not know the answer given as there were several people talking at once) Suggested by: Building Official CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the City of Kenai has been operating on 2005 National Electrical Codes; and, WHEREAS, the National Fire Protection Association has updated the code 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, THEREFORE, 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 TEXT -1- Ordinance No. 2363-2008 Attachment "A" 4.30.010 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[518 Edition of the National Fire Protection Association, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein 4.30.015 Local Amendments to the National Electrical Code 200[518. [210.8(B) OTHER THAN DWELLING UNITS. ADD PARAGRAPHS 210-8(B)(6) AND 210-8(B)(7) AS FOLLOWS: (6) OUTDOORS WHERE ACCESSIBLE FROM GROUND LEVEL. (7) WITHIN 6 FEET OF THE OUTSIDE EDGE OF A SINK. 210.23(E) OUTLETS PER CIRCUIT. ADD A SUBSECTION (E) TO SECTION 210.23 TO READ AS FOLLOWS: OUTLETS PER CIRCUIT. IN DWELLING UNITS, NO MORE THAN 13 OUTLETS ARE ALLOWED ON ONE BRANCH CIRCUIT. ALL SMOKE DETECTORS ON A CIRCUIT MAY BE COUNTED AS A TOTAL OF ONE OUTLET. APPLIANCE CIRCUITS ARE LIMITED TO SIX DUPLEX RECEPTACLES PER CIRCUIT. EXCEPTION: FIXED LIGHTING CIRCUITS DESIGNED TO MEET THE APPROPRIATE SECTIONS OF THE CODE.] 250.118 Types of equipment grounding conductors Delete subsections (2) thru (141 and replace with: (2) The copper sheath of mineral insulated, metal -sheathed cable. (3) Metal enclosures of busways listed for grounding AMEND BY ADDING NEW SUBSECTION (G): (G) 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.] 300.4(H) Protection against physical damage. _2_ Ordinance No. 2363-2008 Attachment "A" Add a new subsection (H): [310.13 CONDUCTOR CONSTRUCTION AND APPLICATIONS. AMEND BY ADDING THE FOLLOWING SENTENCE TO THE END OF THE SECTION: THERMOPLASTIC TYPE INSULATION SHALL NOT BE INSTALLED WHEN THE TEMPERATURE IS LESS THAN -7C (20F).] 334.10 Uses permitted Delete the following subsection: (3) Other structures permitted to be of Types III, IV and V construction except as [334.16 NON -METALLIC -SHEATHED CABLE; INSTALLATION; INSTALLATION TEMPERATURE. ADD A NEW SECTION AS FOLLOWS: 334.16 INSTALLATION TEMPERATURE. NON-METALIC-SHEATHED CABLE SHALL NOT BE INSTALLED WHEN THE TEMPERATURE IN THE BUILDING OR WORK AREA IS BELOW 20 DEGREES - FARENHEIT (-7C)."I 410.17 Other closet or storage spaces Add a section 410.17 410.17 Other closet or storage spaces. Luminaries shall meet the location requirements for clothes closets or be of a totaliy enclosed fluorescent or LED type -3- 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 the City of Kenai $24,292 for purchase of essential equipment and deferred maintenance at its Senior Citizens Center; and, WHEREAS, it is in the best 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 $24,292 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, ATTEST: Carol L. Freas, City Clerk Approved by Finance:i PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 New Text Underlined; [DELETED. TEST BRACKETED] 13 Suggested by: Council V 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 positions at $1,000 per month for the Mayor and $500 per month 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: Setting: The Mayor shall receive a salary of [$900) 11,000 per month. The other members of the Council shall receive salaries of [$400] 500 per month. These salaries shall be in addition to the reimbursement for expenses as provided for by Charter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: October 7, 2009 (Kenai Charter Section 2-3) New Text Underlined; [DELETED TEXT BKACKETED) -5- • 210 FIDALGO AVE., KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 TO: { Mayor Porter and the Kenai City Council FROM: C ' 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 $900 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 Council 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 2365-2008 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 Kenai City Charter provides in part that, "The compensation, if any, of the Mayor and other councihnen shall be determined by a non -emergency ordinance; but no increase in such compensation shall become effective until after a regular City 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 election date could 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. a Suggested by: Council CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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). WHEREAS, KMC I.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 to increase the reporting threshold from one thousand dollars ($1,000) 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: 1.85.020 Contents 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 officer 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. (b) 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 ($5,000) 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 the 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 ($1.,000.00)) five thousand dollars ($5,000) in the stock of a publicly traded corporation need not be included; New Test Underlined; [DELETED TEXT BRACKETED) N 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 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 ($5,000) during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; (5) Any loan or loan guarantee of more than [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars ($5,000) 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 ($5,000}), and the identity of each lender, guaranteed party, payee, or other creditor to whom the covered individual owed more than [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars ($5,0001); this subsection requires disclosure of a loan, loan guarantee, note or indebtedness only if the loan, guarantee, or note was made, or 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 LONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars ($5.000) 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, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the covered individual; (8) A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding year which are made, offered or agreed to by the covered individual; (9) A description of each business or financial dealing, transaction, or arrangement over [ONE THOUSAND DOLLARS ($1,000.00)] five thousand dollars ($5,000) 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 or a member of a partnership or 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 New Text Underlined; [DELETED TEXT BRACKETED] -- 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 ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: February 7, 2009 New Test Underlined; [DELETED TEXT BRACKETED] in Suggested by: Administration t e`a of CITY OF KENAI ♦'. t AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA; [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. 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 Ordinance 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 Estimated revenues and appropriations be decreased as follows: General Fund Decrease Estimated Revenues: Appropriation 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 Heating Svstem Capital Proiect Fund Decrease Estimated Revenues: Transfer from General Fund $166,442.60 Decrease Appropriations: Construction $166,442.60 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2359-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: `%• Imo°• PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 New Text Underlined; [DELETED TEXT BRACKETED) M Suggested by: Administration CITY CE KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the FAA has approved funding for additional work to be included in the Runway Improvement Project; and, WHEREAS, the estimated cost of the additional work is $640,681; and, WHEREAS, the FAA will fund 95%, the State of Alaska will fund 2.5% and the Airport Fund will provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $16,016 Increase Appropriations: Transfer to Capital Project Fund $16,016 Runway Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant $608,649 State Grant $16,016 Transfer from Airport Fund $16,016 $640 68 Increase Appropriations: Engineering $86,281 Construction $554,400 $640,681 New Text Underlined; [DELETED TEXT BRACKETED] -12- Ordinance No. 2368-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 New Test Underlined; [DELETED TEXT BRACKETED) -13- f Aia Municipal Alrp�rt E. 0M 9.1 i -. FAX 9D7-223-37Zr To: Rick Koch — City Manager From: Mary Bondurant — Airport Manage Wayne Ogle — Public Works Dlrecto Date: December 10, 2008 Subject: Airport Improvement Projecfs 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 projects and construction overruns. Projects identified as "safety, lighting, and pavement rehab" could be funded with contingency dollars. The FAA 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: 1. General 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 in 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 all 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 Clearing - Engineer's estimate $50,000 Recent mapping during the Airport Layout Plan (ALP) process identified tree obstructions 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 winter. Wince-Corthell-Bryson has prepared scaled details for the FAA and requested advice on what impacts may occur. The Migratory Bird Act requires that any necessary clearing be completed by May 1st or after July 15. This project is approved for 95% FAA reimbursement (see attached). I recommend these improvements and appropriating funds from the Airport Fund to the Runway Improvement Capital Project Fund. The City submits monthly reimbursement requests to the FAA for the initial grant monies (95%) and payment is received in 30 days or less. Contingency funded projects however are funded up front by 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 City 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 -15- Me ciLyof � KENAI, ALASKA CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA 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. WHEREAS, windows from original construction at the City's Vintage Pointe 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 the facility remains in good operating condition; 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 BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Retained Earnings $140,000 Increase Appropriations: Transfer to Congregate Housing Capital Projects Fund $140,000 Congregate Housing Capital Projects Fund Increase Estimated Revenues: Transfer from Congregate Housing Capital Projects Fund $140,000 Increase Appropriations: Construction $140,000 New Text Underlined; [DELETED TEXT BRACKETED] -16- Ordinance No, 2369-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced; December 17, 2008 Adopted: January 7, 2009 Effective: January 7, 2009 New Test Underlined; [DELETED TEXT BRACKETED] -17- Ike aZy o/ "Villaye witha Past Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 >> t992 �■ r TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: 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 life. 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 parts for the mechanisms have also been difficult to obtain. The new windows will be highly energy efficient 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 conditions for the residents. so CITY OF KENAI Suggested by: AdminisAdministrationthe u'1y �' RIRAL ALASKA 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 a two -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: Police - Overtime $2,000 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 New Text Underlined; ;DELETED TEXT BRACKETED] -19- Suggested by: Planning & Zoning �\ Mll'ryof// CITY OF KENAI KENAI,UASKA ORDINANCE NO. 2371-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, 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 a split -zone was discovered; and, WHEREAS, having a split -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, WHEREAS, 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 split -zone situation; and, WHEREAS, the Planning and Zoning Commission held a public hearing on December 10, 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 Suburban Residential zone (RS). New Text underlined; [DELETED TEXT BRACKETED] -20- 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. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: February 7, 2009 New Text Underlinefl; (DELETED TEXT BRACKETED) -21- - CITY OF KENAI PLANNING AND ZONING COMMSSION l RESOLUTION NO. PZ08-60 Erec,'ryvf REZONE PERMIT 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: Michael Beruholtz and Peggy Gill Thompson ADDRESS: 4040 and 4010 Lupine Drive, Kenai, Alaska 99611 LEGAL: Preliminary Plat - Thompson Park Subdivision - Bergholtz Replat No 2 PARCEL #: 04907023 04907024. 04907004 04907005 0490706. 04907019 and 04906006 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential & Rural Residential 2. The present land use plan designation is Rural Residential 3. The proposed zoning district is Suburban Residential 4. An appropriate public hearing as required was conducted December 10, 2004 5. That the following additional facts have been found to exist: a. That the proposed rezone will eliminate a split -zone situation created by the preliminary plat. b. Recommend rezone effective upon recording of the preliminary plat. 6. Applicant must comply with all 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 Preliminary Plat - Thompson Park Subdivision — Ber2hoW. Replat No. 2 is hereby recommended to the Kenai City Council. *F TAEy i -. 10. 2008. CHAIRPERSON � ATTEST: -22- n i i J /j ry Ordinance No. 2371-2008 Proposed (rezone ® Attachment Conservation General Commercial Rural Residential Suburban Residential 2 (� Limited Commercial Light Industrial Rural Residential 1 Urban Residential Central Mixed Use Heavy Industrial Suburban Residential 0 Historic Townsite Central Commercial Recreation Suburban Residential 1 _ Education -23- Suggested by: Planning & Zoning r.tr �s # ��• AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the City of Kenai is replatting this property to prepare for future development of the Float Plane Basin; and, WHEREAS, the plat creates a split -zone situation; and, WHEREAS, having split -zoned parcels 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 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 (FAA) authorized uses; and, WHEREAS, the Airport Commission unanimously approved resolution AC2008-01 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 (C); and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA) and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on December 10, 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 Tent Underflned; [DELETED TEXT BRACKETED) -24- 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. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: December 17, 2008 Adopted: January 7, 2009 Effective: February 7, 2009 New Test Underlined; (DELETED TEXT BRACKETED] -25- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-62 t&«r of REZONE PERMIT 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 City Manager, City of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai. AK 99611 LEGAL: See Attachment A PARCEL #: Portion of 04318041 04101014 & 04101006 & all of 04101010 WHEREAS, the Commission finds the following: I. The subject properties are currently zoned Conservation & Rural Residential 2. The present land use plan designation is Airport Industrial & Airport -Dependent Development District 3. The proposed zoning district is IL _ Lisht Industrial 4. An appropriate public hearing as required was conducted December 10, 2008 S. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Kenai Municipal Airport — Float Plane Basin Replat as shown on Attachment A is hereby recommended to the Kenai City Council. CHAIRPERSOII'I; ATTEST:' 1 4 Wel Suggested by: Administration • • • • - *i; A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $30,000 FROM THE GENERAL FUND NON - DEPARTMENTAL GENERAL CONTINGENCY TO THE GENERAL FUND CITY MANAGER PROFESSIONAL SERVICES FOR LOBBYIST SERVICES IN SECURING FEDERAL FUNDING FOR THE CITY'S KENAI RIVER BLUFF EROSION PROJECT. WHEREAS, the City has designated the Kenai River Bluff Erosion project its number one federal and state funding priority; and, WHEREAS, $500,000 is currently proposed in a federal clean water initiative bill to continue the engineering and design phase of the project by the Federal Corps of Engineers; and, WHEREAS, Governor Palin has proposed $5,000,000 in State funding within her 2010 capital budget; and, WHEREAS, combined with the City's $2,000,000 in authorized but unissued bond proceeds, the City is in an unprecedented position to match potential federal funds to complete the project estimated to cost in excess of $20,000,000; and, WHEREAS, procuring the services of professionals to present and represent the City's interests to secure federal funding to complete the project at this critical time is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund - Non -Departmental General Contingency $30,000 To: General Fund - City Manager Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: �. hew Text Underlined; [DELETED TEXT BRACKETED] v �7 "'Village with a past, C# wGi`lt a Fafare 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-3014 lr�l 1992 t�1C Gt�Of KENAI,ALASKA \V OfXL74— "I TO: City Council FROM: Rick Koch DATE: December 31, 2008 SUBJECT: Resolution 2009-01 The purpose of this correspondence is to discuss and recommend Council approval of the above referenced Resolution. This resolution will transfer funding ($ 30,000) from the general fund, non -departmental general contingency to the general fund, city manager professional services. This funding will support a professional services agreement with Jefferson Consulting Group, LLC (JCG). The agreement will structure compensation as time and materials not -to -exceed $ 10,000 per month for a period of three months. We estimate the probable funding source for the bluff erosion project, the federal economic stimulus package, will be complete by March 2009. JCG will assist the City of Kenai in obtaining legislative authorization and federal funding to eliminate bluff erosion near the mouth of the Kenai River. Our point of contact at JCG is Nathan Butzslaff. Nathan is an !Alaskan who as a previous senior member of Senator Murkowski's staff is very familiar with our project. He has already submitted to our Congressional delegation a communication to the Chairs and ranking members of the Senate and House Committee on Appropriations. I have attached that information for your review. In previous communications with you, I informed you I believe we have an opportunity to secure federal funding for the bluff erosion project as a result of Governor Palm's proposed capital 'budget and the federal economic stimulus package, and that I believe the City will be well served by contracting with a Washington DC based lobbying firm to represent us on this single issue. _29_ Rick Koch From: Nathan Butzlaff[nbutzlaff@jeffersonconsulting.com] Sent: Tuesday, December 23, 2008 9:52 AM To: Leslie Ridle Cc: Rick Koch Subject: Kenai Bluff Erosion Project Request Form - For Inclusion in Economic Stimulus Legislation Attachments: Kenai Bluff Erosion Project 2009 Economic Recovery Package Request Form.doc; DRAFT Kenai Bluff Erosion Ltr to Senate Approps.doc; 12-22-08 Murkowski-Young-Begich Appropriation Request Letter FINAL.pdf; Kenai Bluff Erosion Background FINAL.pdf; ATT22184. txt Good Morning Leslie, Our firm represents the City of Kenai on the federal level. The City is seeking funding in the economic stimulus bill for the Kenai Bluff Erosion Project. Per your instructions, we have filled out and attached your office's request form for economic stimulus bill requests. Also, I have included three attachments that I emailed to Susanne Fleek-Green yesterday. The first is a letter that we are asking Senator Murkowski and Senator -Elect Begich to send to the leadership of the Senate Appropriations Committee requesting funds for this project in the economic stimulus bill. The second attachment is a letter from Kenai City Manager Rick Koch - dated yesterday - that formally requests funding for this project in the stimulus. Please note that the city is requesting both funding and authorization legislative language (required by the Corps of Engineers to move forward on project construction). The last attachment includes a bit of background on the project, including previous requests to the State of Alaska, a project budget, a breakdown of the financial damage incurred by the erosion, several erosion -related photos, supportive resolutions from the City of Kenai and the Kenai Peninsula Borough and a letter of support from the Kenaitze Indian Tribe. Of course, please let us know if you have any questions. Regards, Nathan -30- 2009 Economic Recovery Package Project Request Form Project Name: Kenai River Bluff Erosion Project Community: Kenai, Alaska Project Contact Name &Title: Rick Koch, Ciiy Manager (also Nathan Butzlaff, Federal Lobb isC for the City of Kenai Contact Email: rl.c>clr a>,ei ktinai^ak_us (Nathan's email address is: nbutzlaffa effersonconsulting,com) Contact Phone: Rick's Contact Information: 907-283-8222 (Direct), 907-398- 01.90 (Cell) Nathan's Contact Information: 202-558-5988 (Direct), 202- 746-5202 (Cell) Contact Address: Cif of Kenai; 210 Fidalgc Avenue, Kenai, AK 99611-7794 Mayor's Name: Ms. Pat Porter Project Description: The City of Kenai requests both authorization language and (250 word limit) $13 million in appropriations for a project to mitigate the ongoing erosion along one mile of the north shore of the Kenai River near Cook Inlet, Alaska. We request the following bill language in the economic stimulus bill: "$13, 000,000 is provided and the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to design and construct a project for the reduction of erosion and coastal storm damage at Kenai, Alaska. Section 1.17 ofPublic Law 108-447 will apply to this project. The non -Federal sponsors' cost share shall be 37, 000, 000 toward the total cost of the project, " Several hundred feet of the original townsite of Kenai, Alaska, has eroded over the last century. In fact, numerous buildings, roads and utility systems have been lost due to this massive erosion problem. The U.S. Army Corps of Engineers has estimated that the bluff will continue to erode at a rate of three feet per year. The Corps also estimates that over the next half -century, in excess of $32 million of property and improvements will be lost, unless the bluff is stabilized (the cost/benefit ratio of the project is 1.63). The U.S. Army Corps of Engineers have nearly finalized the design and environmental documentation required for this project and is ready to move forward on construction of the project if full -31- funding is secured Federal Funding Account (if Corps of Engineers — Construction General known): Funding Requested: — _ $13,000,000� Total Funding Needed: $13,000,000 Total Funding Secured (money $1,500,000 — Funding in Energy & Water Development committed from government or Appropriations Laws for a feasibility study, a cost/benefit private sources) to Date: j analysis, a design study report and a preliminary environmental analysis. $2,000,000 — City of Kenai General Obligation Bonds for project construction Note: Governor Palin has included $5 million in construction funding in her state Fiscal Year 2010 capital budget request, which has been submitted to the Alaska Legislature. Also, $500,000 has been included in the US. Senate version of the FY09 Energy & Water Development Appropriations bill under the "Corps of Engineers — General Investigations" account and would be far finalizing the project design. and the environmental inepactstaternent. This legislation was approved by the Senate Appropriations Committee on July 10, 2008, but has not yet been approved by the full Senate. Estimated Jobs Created Short- 35 Full Time Jobs k term (starting summer 2009): Estimated Jobs Created or The aforementioned 35 jobs are estimated to last for two Retained Long-term: ears. Community Support: Approved City of Kenai Assembly Resolution that requests (ie. City Council/Assembly state and federal funding for this project. approval) Approved Kenai Peninsula Borough Resolution that requests state and federal funding for this project. Kenaitze Indian Tribe Letter that supports federal finding for this project. Is this project construction Yes. If full finding is secured in early 2009, construction. —� ready in summer 2009? work could begin as early as May 2009. Priority Ranking: 1 (This is the City of Kenai's only request for the economic stimulus bill.) Please return this form to Leslie Ridle, Office of Senator Mark Begich no later than 5:00pm AK time, Monday, December 29, 2008 to leslie_ridle@transition.senate.gov. Contact for Leslie Ridle after January 6, 2009: Leslie Ridle@begich.senate.gov -32- [Insert Date here] The Honorable Chairman Committee on Appropriations U.S. Senate Washington, DC 20510 The Honorable Byron Dorgan Chairman. Subcommittee on Energy & Water Development U.S. Senate Washington, DC 20510 Dear Colleagues: The Honorable Thad Cochran Ranking Member Committee on Appropriations U.S. Senate Washington, DC 20510 The Honorable Ranking Member Subcommittee on Energy & Water Development U.S. Senate Washington, DC 20510 On behalf of the City of Kenai, Alaska, we are writing to you to respectfully request that you include S 1.3,000,000 in funding for the Kenai River bluff erosion project in the "Corps of Engineers — Construction General" account in the economic stimulus legislation that Congress will consider early in 2009, as well as language authorizing the construction of this project. If authorized and funded, the intent of this project is to halt the ongoing erosion along one mule of the north shore of the Kenai River near Cook Inlet in Alaska. Several hundred feet of the original townsite of Kenai, Alaska has eroded over the last century. In fact, numerous buildings, roads and utility systems have been lost due to this massive erosion problem. The U.S. Army Corps of Engineers has estimated that the bluff will continue to erode at a rate of three feet per year, The Corps also estimates that over the next half -century, in excess of $32 million of property and improvements will be lost, unless the bluff is stabilized. This project has the support of the citizens of Kenai, the Kenai peninsula Borough, the State of Alaska and the fecal Kenai ze Indian Tribe. 1n 2007, Kenai voters approved $2 000,000 in general obligation bonds for this project. The Kenai Peninsula Borough Assembly unanimously passed a resolution in support of seeking state and federal funding for this project in July 2008. In addition, Alaska Governor Sarah Palin recently requested the Alaska Legislature fund this project at a $5,000,000 level in state fiscal year 2010. Also, the Kenaitze Indian Tribe has written a letter in support of this project. The total project cost is $20,000,000. The U.S. Army Corps of Engineers have nearly finalized the design and environmental documentation required for this project. This agency is prepared to move forward on the project as soon as construction funding is available. If this project is fully funded in early 2009, the City of Kenai estimates that construction could commence in spring 2009. The City also predicts that this project will create 35 full time jobs. We appreciate your consideration of this important project. If you have any questions, please contact either at 4-6665 in Senator Lisa Murkowski's office or at 4-XXXX in Senator -Elect Mark Begich's office. Lisa Murkowski United States Senator Sincerely, Mark Begich United States Senator -Elect -33- ""Villa ,�e wA a fast, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 December 22, 2008 The honorable Lisa Murkowski U.S. Senate Washington, D.C.20510 The Honorable Don Young U.S. House of Representatives Washington, DC 20515 The Honorable Mark Begich U.S. Senate Washington, D.C. 20510 Subject: Kenai River Bluff Erosion Project Bear Senator Murkowski, Congressman Young & Senator -Elect Begich; The purpose of this correspondence is to provide supplemental information and to modify the City of Kenai's previous request regarding the Kenai lover Bluff Erosion Project, In my previous correspondence, we requested a capital budget appropriation in the amount of $ 18 -$ 20 million to supplement $ 2 million of local match which was approved as a bond proposition by the Kenai voters, Recently, we met with the U,S. Army Corps of Engineers, Their representatives and consultants delivered a status report to the Kenai City Council, and various regulatory agencies regarding the design and NEPA (environmental) documents being prepared for the project. Given the advanced status of the design and environmental documentation, we feel this project would be an ideal candidate for federal funding under the proposed economic stimulus legislation, The Governor's capital budget request, made public on December 15`h, includes a $ 5 million appropriation for the Kenai River Bluff Erosion Project. This added to the $ 2 million bond authorization approved by the voters in Kenai in October 2007 provides 35% of the project funding as is often required on Corps project. In order to provide both authorization and funding, the City of Kenai respectfully requests your efforts in including authorization and appropriation language similar to the following in the economic stimulus bill to be considered by Congress in early 2009: "$ 13,000,000 is provided and the Secretary of the Army, acting through the Chief of Engineers is authorized and directed to design and construct a project for the reduction of erosion and coastal storm damage at Kenai, Alaska. Section 117 of Public Law 108-447 will apply to this project. The non -Federal sponsors cost share shall be $ 7,000,000 toward the total cost of the project'." Assuming a federal appropriation of $ 13 million, the project funding would be as follows: Source City of Kenai State of Alaska U.S. Government Total Project Amount Percentage $ 2,000,000 10% 5,000,000 25% 13,000.000 65% $ 20,000,000 The U.S. Army Corps of Engineers is prepared to undertake the project as soon as project funding is available. They continue to finalize the design and environmental documentation. utilizing funding provided through previous federal appropriations. Approximately $ L5 million was previously appropriated by the federal government to support a feasibility study, cost&enefit analysis, a design study report, and a preliminary environmental analysis. An additional $ 500,000 is contained in the Senate version of the Energy and Water Development Appropriations Bill, 2009 under the Corps of Engineers general investigation account. If full project funding were available, construction activities could begin in 2009, and the project could be completed in 2011..1 have attached a preliminary schedule based on funding being available in early 2009. We estimate the labor component of this project to be approximately 50% of the project total, or $ 10 million. This results in approximately 140,000 hours of employment, or the equivalent of 35 full-time positions for two years. As stated in my previous correspondence, ties is and has been the City of Konai's number one capital priority for many years. Buildings and infrastructure have been lost as a result of the erosion, and capital investment in an area which would otherwise be significant is negligible. This project would immediately create increased property values and investment in a unique area. -35- Again, thank you. 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 is (907)398-0190, and my e- mail is rkochf3ci.kei7ai,ak.us, please feel free to contact me. at anytime. Sincerely, ATY F K NAI Rick . Cod/c�(hj/ City Manager cc: Kenai City Council BOB KENAI RIVER BLUFF EROSION PROJECT ID Task Name Duna Son I Stag i Finish (2009 ;2010 i2011 6, — A _._�.,�`.—,—L y�1Q`r2J--Q'.tr��3��''Qtr 4 iiQ-tr--1-1Qtr2�Qtr3 Qtr4'Qh 11Qtr2 Qtr3 Qtr4iQtr 11Qtr 2'QIr3�Qfr 4' ,__ 1—^ Completion oft EIS 239 days Thu 5511M Tue 3131/09 �"V-` }— I2 Completion of Design 8 262 da s Y Thu 511/08 Fri 5M109 ""';�'—`•' j r j 3 Bid Construction Packages 1 Manufacture Rip�Rap 72 days ... - 60 days _ Mon 5/11109 Tue 8/18109 ; _ Mon 5111109 Fri 7/31109 i 4 5 6 i Construct Erosion Control Structure Construction - 57 days 510 days Mon 6/t/08 Tue 81181091 i Toe 911109 Mon $115111 ;- i ----------------111111------ i ManuFature Rip -Rap 103 days i Tue 91'i%04 Thu 1121110, i 7 8 1 Place Rip -Rep 1 Est. No -Construction Window .......... 52 days _... 121 days Mon 2J1/10 Tue 4/t3/103 :- Wed 4/14M0 Wed 9t29/101 p?.:: 9 Place Rip -Rap I Backfill & Construct Slopes i Topsoil & Seeding_ -. 60 days 216 days 54 days Thu 9(30110 Wed 12l22/10 1 Fri 1011110 Fri 7129/11 j Wed 611/1 i Mon 6M 511 i ,r � M 10 j ii 11 12 Task mi a � Milestone ® Odemal Tasks I"�G' �-�,*'•; - Project 12-21-08 Scheduie Att to You Split Summary External Milestone Date: Sun 12121108 Progress Project Summary Deadline --- --- _ Page 1 [Insert Date Here] The Honorable David Obey Chairman Committee on Appropriations U.S. House of Representatives Washington, DC 20515 The Honorable Peter V isclosky Chairman Subcommittee on Energy & Water Development U.S. House of Representatives Washington, DC 20515 Dear Colleagues: The Honorable Jerry Lewis Ranking Member Committee on Appropriations U.S. House of Representatives Washington, DC 20515 The Honorable Ranldng Member Subcommittee on Energy & Water Development U.S. House of Representatives Washington, DC 20515 On behalf of the City of Kenai, Alaska, I am writing to you to respectfully request that you include $13,000,000 in funding for the Kenai River bluff erosion project in the "Corps of Engineers — Construction General' account in the economic stirmilus legislation that Congress will consider early in 2009, as well as language authorizing the construction of this project. If authorized and funded, the intent of this project is to reduce the ongoing erosion along one mile of the north shore of the Kenai River near Cook Inlet in Alaska. Several hundred feet of the original townsite of Kenai, Alaska has eroded over the last century. In fact, numerous buildings, roads and utility systems have been lost due to this massive erosion problem. The U,S. Army Corps of Engineers has estimated that the bluff will continue to erode at a rate of three feet per year. The Corps also estimates that over the next half -century, in excess of $32 million of property and improvements will be lost, unless the bluff is stabilized. This project has the support of the citizens of Kenai, the Kenai Peninsula Borough, the State of Alaska and the local Kenaitze Indian Tribe, In 2007, Kenai voters approved $2,000,000 in general obligation bonds for this project. The Kenai Peninsula Borough Assembly unanimously passed a resolution in support of seeking state and federal funding for this project in July 2008. In addition, Alaska Governor Sarah Palm recently requested the Alaska Legislature fund this project at a $5,000,000 level instate fiscal year 2010. Also, the Kenaitze Indian Tribe has written a letter in support of this project. The total project cost is $20,000,000. The U.S. Army Corps of Engineers have nearly finalized the design and environmental documentation required for this project. This agency is prepared to move forward on the project as soon as construction funding is available. If this project is fully funded in early 2009, the City of Kenai estimates that construction could commence in spring 2009. The City also predicts that this project will create 35 full time jobs. I appreciate your consideration of this important project. If you have any questions, please contact Jeremy Price on my staff at 5-5765. Sincerely, Don Young Member of Congress Biel REPRESENTATION AGREEMENT This document sets forth the essential terms of the Agreement between CITY OF KENAI (CITY OF KENAI) and JEFFERSON CONSULTING GROUP, LLC (JCG). The effective date of this agreement shall be December 18, 2008 and will extend through March 31, 2008, Scope of Services Assist CITY OF KENAI in obtaining legislative authorization and federal funding to eliminate or mitigate bluff erosion at the mouth of the Kenai River in Alaska. Compensation (1) Charges for the services of JCG will be made at the standard hourly rates (see attached fee schedule) for participating officers and staff as required. Charges will not exceed $ 10,000 per month without the prior written approval of CITY OF KENAI. (2) CITY OF KENAI will reimburse JCG for all reasonable expenses and disbursements made in the performance of its services under this Agreement. Routine disbursements include travel, messengers, photocopying, express delivery services, and ordinary communications (e.g., telephone, facsimile, and postage). (3) An invoice for services, expenses and disbursements incurred on behalf of CITY OF KENAI will be submitted monthly and shall be payable upon receipt. JCG retains the right to suspend all work on CITY OF KENAI's account in the event that any invoice remains outstanding for a period. of more than thirty (30) days. JCG reserves the right to charge CITY OF KENAI. a one and one half percent (1 1I2%) late charge for payments not received within sixty (60) days of invoice. Miscellaneous (1) JCG will maintain accurate records of all time and expenses incurred on behalf of CITY OF KENAI and, during the term of this Agreement and for one year thereafter. CITY OF KENAI may examine such records upon reasonable notice and during normal business hours. This does not include JCG salary data, overhead and other internal JCG costs or non -billable expenses. (2) JCG acknowledges its responsibility, both during and after the term of this Agreement, to use all reasonable efforts to preserve the confidentiality of any proprietary information of CITY OF KENAI, or data developed by JCG on behalf of CITY OF KENAI, except as required by law. It is understood that JCG is not responsible for the acts of CITY OF KENAI or representations made by CITY OF KENAI upon which JCG relies in providing services under this Agreement. I oft -39- page two: CITY OF KENAI Representation Agreement (3) If disputes related to payment of fees or expenses occur and result in legal fees or costs for JCG, CITY OF KENAI will pay legal fees and costs incurred by JCG in connection with the collection of fees or expenses. (4) CITY OF KENAI agrees that during the term of this Agreement, and for a period of one year after its termination, CITY OF KENAI will not solicit or hire any employee of JCG, either directly or indirectly, without written authorization of JCG. (5) This Agreement represents the entire Agreement of the parties and may be amended only in writing signed by all parties. It shall be governed by, and construed in accordance with, the laws of the District of Columbia. If you concur with the terms set forth above, please signify your acceptance by signing and returning this Agreement to JCG. ACCEPTED: CITY OF KENAI By: Name: Title: Date: JEFFERSONCONSULTING GROUP,'LLC G Name: Thomas A. Daffron Title: Chief Operating Officer Date: Page 2 of 2 -40- co�srt,'rtyc 2008 FEE SCHEDULE PROFESSIONAL STAFF TIME CHARGES WILL BE BILLED AT THE FOLLOWING RATES: PRESIDENT & CHIEF EXECUTIVE OFFICER, CHIEF OPERATING OFFICER, SENIOR VICE PRESIDENTS AND DIVISION PRESIDENTS $375-485/HR. VICE PRESIDENTS AND DIRECTORS $290-350/HR. MANAGERS, ASSISTANT MANAGERS AND RESEARCH ASSISTANTS $125-200/HR. ADMINISTRATIVE SUPPORT STAFF $95-150/HR. Note. JCG reserves the right to periodically, and no less than annually, review and revise its billing rates. Any changes will be prospective from the effective date of the change. mm KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 17, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4, Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Resolution No. 2008-70 -- Confirming the Assessment Roll on the Shamrock CircleIiiiprovemient 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. 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. ITEM F: MINUTES MN *Regular Meeting of December 3, 2008, *Council Work Session Notes of December 3, 2008. ITEMi K: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance 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. 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). *Ordinance No. 2367-2008 -- (1) Reducing Estimated Revenues a -rid 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 $16,016 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. -43- 11. *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 AIong 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). 14. Discussion -- Establishment of a City of Kenai Salmon Task Force. ITEM I: COMMISSION/COMNRTTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau 1. City Manager 2. Attorney 3. City Clerk I. Citizens (five minutes) 2. Council in 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 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 - Developent-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 15, 2008 in the council chambers.) Ordinance No. 2362-2008 -- 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). Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT -45- A ' COUNCIL MEETING DECEMBER 17,2008 7.00 KENAI CITY COUNCIL CHAMBERS MAYORaPRESIDING ITEM 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 took roll. Present were: Robert Molloy Mike B------------- oyie Hal Smallev j Joe Moore Absent was: Rick Ross, Vice Mayor A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: ADD TO: E-1, Resolution No. 2008-70 (Shamrock Circle LID) -- Gary & Margie Bogue (owners of Lot 7) letter of objection MOTION: Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council :Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: o KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 2 Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT, Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (1.0 minutes) Mark Schrag, 312 Princess lane, Kenai -- Stated he was there to advocate for more collaborative ways for the city to work with neighborhoods and requested council instruct the public hearing on the rezone issue be postponed from the first January Planning & Zoning Commission in order for the neighborhood to have more time to prepare and submit information for the packet. Schrag also suggested the city consult mediation experts when there are controversial issues. Council briefly discussed the request to postpone the public hearing and whether an informational meeting should be held on January 14 and the issue moved to the Commission's January 28, 2009 meeting or an informational meeting held on January 5 and the public hearing held on January 14. It was clarified the informational meeting would be with administration and property owners to discuss the limited commercial zone. iI+FC�T�:SC���A Council Member Boyle MOVED for Administration to submit the information to Planning & Zoning Commission to hear on January 28, 2009. Council Member Molloy SECONDED the motion. *Student Representative Johnson: Yes Molloy Yes _ Boyle Yes Porter I No Smalley Yes _ Moore N Eldridge I No Ross Absent T— 1 Direction of council was to hold the informational meeting on January 5 or 6, the public hearing held on January 14, 2009 as previously scheduled, and if needed, the Commission could postpone the issue. -47- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 3 REPORTSITEM D: OF O ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Resolution No. 2008-70 -- Confirming the Assessment Roll on the Shamrock Circle Improvement Special Assessment District. !i!fCi5�7ia Council Member Molloy MOVED to approve Resolution No. 2008-70 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. Chris Merritt, 306 Baker, Kenai -- Read into the record the letter of objection submitted by Gary & Margie Bogue, 1717 Aliak Street, Kenai. There being no one else wishing to speak, the public hearing was closed. The following was noted: • The corner lots were charged half of the cost charged to other property owners because of those properties having two frontages. • The cost of the project came in less than was estimated. ® Both owners of the corner properties objected to paying the assessment. *Student Representative Johnson: Yes Molloy Yes _[Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Absent—� MOTION PASSED UNANIMOUSLY. E-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. MOTION: KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 4 Council Member Smalley MOVED for adoption of Resolution No. 2008-71 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Harold Brown, 230 Eisenhower Lane, Kenai -- Brown stated he had no objections to the assessment method or amount but inquired as to the ten percent interest rate, adding he understood interest would only accrue if a timely payment would not be made and asked how the interest rate was decided. It was explained, the standard interest rate was been ten percent; code required the resolution to include the interest rate; council had flexibility to set the interest rate; the rate was consistent with all other assessment districts; and, interest would be accrued on the unpaid balance. There being no one else wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes Mollo Yes Boyle 7 Yes TPorter Yes Smalley Yes Moore !Yes Eldridge Yes Ross Absent E-3. Resolution No. 2008-72 -- Authorizing the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport, Council Member Eldridge MOVED to approve Resolution No. 2008-72 and requested UNANIMOUS CONSENT, 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. A copy of the agreement was distributed to council and it was noted the agreement was mostly the same, but with requirements with regard to days and hours to be open and a schedule of payment for damages (holes in walls, etc.). Attorney Graves recommended the contract for form and content. VOTE: O KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 5 There were no objections. SO ORDERED. E-4. Resolution No. 2008-73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals— 2009. Council Member Eldridge MOVED to approve Resolution No. 2008-73 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed, There were no council comments. VOTE: There were no objections. SO ORDERED. E-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. Council Member Smalley MOVED for approval of Resolution No. 2008-74 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of December 3, 2008 -- Approved by consent agenda. F-2. Council Worts Session Notes of December 3, 2008 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. -50- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 6 H-1. Bills to be Ratified Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. NWO There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 u-Ti[iy#iC�ili7 Council Member Eldridge MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2363-2008 -- Amending KIvIC 4.30.010-.015 to adopt the National Electrical Code, 2008 Edition of the National Fire Protection Association with Local Amendments to the Above. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. -51- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 7 H-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). Introduced by approval of consent agenda. H-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 Fund for Replacement of the Center's Heating System. Introduced by approval of consent agenda. H-8. 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. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-10. Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. Introduced by approval of consent agenda. H-11. 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. Introduced by approval of consent agenda. -52- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 8 H-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. Introduced by approval of consent agenda. i-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). t: • Council Member Molloy MOVED for approval of the Memorandum of Agreement with the State of Alaska DOT/PF and Council Member Smalley SECONDER the motion and requested UNANIMOUS CONSENT. City Manager Koch noted, funding for the project came over five years at $170,000 a year and, this is the last year of funding; and, pass -through grants are not allowed, but the agreement would allow the city to manage most of the project and would allow more money to be available for the project. VOTE: There were no objections. SO ORDERED. H-14. Discussion -- Establishment of a City of Kenai Salmon Task Force. Council Member Moore reviewed the information included in the packet, noting the individuals and organizations willing to participate. Council Member Molloy suggested representation from the value-added sector be considered for inclusion on the task force. Jim Sutler, 1711 Kaknu, Kenai -- Noted, the purpose of the task force would be to provide a unified information process, oriented to issues and suggested directions in a three or four page document for council use. In addition, Butler noted, the life of the task force would be short term. If council would want to go further with the information produced, that would be its prerogative. -53- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 9 Council Member Moore MOVED to create the Kenai Salmon Task Force as outlined in the packet synopsis (pages 75 and 76). Council Member Molloy SECONDED the motion. Council Member Smalley reported the borough mayor would be creating a similar task force and suggested a representative from Kenai's be a liaison to the borough group. VOTE: There were no objections. SO ORDERED. r ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- No meeting. I-2. Airport Commission -- No meeting I-3. Harbor Commission -- Council Member Smalley noted the December 8, 2008 meeting summary was included in the packet and reviewed actions/discussions from the meeting. I-4. Library Commission -- Smalley noted the next meeting would be held January 6, 2009, 1-5. Parks & Recreation Commission -- Council Member Moore noted the next meeting was scheduled to be held January 9, 2009. I-6. Planning & Zoning Commission -- Council Member Eldridge noted the December 10, 2008 meeting and reviewed items discussed and actions taken. 1-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported a special meeting would be held in January and noted the application of Susan Lovett for appointment to the committee. There were no objections stated and Lovett was confirmed to the membership. I-7b. Alaska Municipal League Report -- Smalley reported he attended a teleconference meeting related to plans for the January 27-29 meeting in Juneau. He also noted the availability of a District 3 Board of Director position. -54- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 10 I-7e. Mini -Grant Steering Committee -- No report. I-7d. Advisory Cemetery Committee -- Eldridge reported the next meeting would be held January 15, 2009 and noted, Dennis Gregory would be resigning from the Committee as well as the Harbor Commission. I-7e. Kenai Convention & Visitors Bureau -- Smalley reported a meeting would be held during the next week. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: o Clarion article, Understanding Tolerance with Others by Maya Johnson. A quilt piece was submitted to the Statehood celebration from the City of Kenai. Porter requested a picture be included in the next council packet. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: e Board of Fisheries Proposal 379 was postponed to 2011. o The Governor's budget included a stimulus package with $13 million being requested for the bluff erosion project. A brief discussion took place related to lobbying for the federal funding. Koch reported he would bring forward a request for funding for council consideration. Administration was directed to bring back a proposal related to information or. the cost, process and what to expect from a lobbyist, etc. s He received an EPA grant application and would be putting information together for $288,000 for the water project. • He would be attending a statewide compensation board meeting in Anchorage during the week. ® The borough mayor reported he wanted to divest the borough from the Firewise Program and forward the funds to Homer Electric for its use. The city still had need for the program. e A 24-hour test would be developed on the new test well -- if the well was good, it could be on line by October or November. • He was planning to travel to Juneau for the AML winter meeting January 28-29, 2009, Council Member Eldridge suggested another work session be scheduled with the legislators. Koch stated he would work with Clerk Freas to set one up. ® Reminded all of the alumni hockey game on Saturday. K-2. Attorney -- Wished all happy holidays. -55- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 11 K-$. City Clerk -- Noted a draft letter to legislators was included in the packet which had been requested by the Library Commission. It was suggested the letter also be sent to Senator Gary Stevens, President of the Senate. A brief discussion followed and concerns were stated that requesting the funds may have an effect on other funds requested by the city. Council agreed the letter should be delayed. ITEM Lr DISCUSSION L-1. Citizens (five minutes) Bois Peters, Old Town, Kenai -- Wished all happy holidays and thanked Koch for his efforts with regard to the library expansion and bluff erosion projects. Porter requested Administration to compile a list of accomplishments for inclusion in the next newsletter. L-2. Council Smalley -- Wished all happy holidays and stated his appreciation of staff and employee efforts throughout the year. Moore -- o Thanked council and administration for support of the Salmon Task Force. • Stated he was disappointed in the public testimony related to holding a public information work session, noting he thought it was a good idea and the city should move forward with it. ® Wished all happy holidays. Eldridge -- Wished administration, employees happy holidays. Johnson -- Wished all happy holidays. Molloy -- • A draft substitute ordinance related to changes to agendas, packets, etc. was included as an information item and noted he wanted it brought back on the agenda for the second January meeting. There were no objections, ® Wished all happy holidays and thanked staff and employees for their services. Boyle -- Wished all happy holidays. Porter -- Wished all happy holidays. -56- KENAI CITY COUNCIL MEETING DECEMBER 17, 2008 PAGE 12 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 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 15, 2008 in the council chambers.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential I (RRI) to Limited Commercial (LC). Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. -- None Scheduled s There being no further business before the council, the meeting adjourned at approximately 9:02 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion: Advisory votes shall be cast prior to the of council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -57- PAYMENTS OVER $18,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 7, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 457 PLAN DECEMBER 457 PLAN VARIOUS LIABILITY 23,318.84 PERS DECEMBER PERS VARIOUS LIABILITY 157,564.65 ENSTAR GAS USAGE VARIOUS UTILITIES 28,328.47 U1 VENDOR DESCRIPTION - MATURITY DATE AMOUNT Effect. Int. OJ RBC CAPITAL MARKETS US GOVT SECURITY 1212/2013 1,016,340.67 1.19% RBC CAPITAL MARKETS US GOV'T SECURITY 8/5/2013 1,024,856.36 0.79% RBC CAPITAL MARKETS US GOUT SECURITY 5/612013 1,030,821,44 1,20°% PIPER JAFFRAY & CO. FDIC INSURED CERTIFICATE OF DEPOSIT 12131/2009 1,960,784.31 2.00% PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JANUARY 7, 2009 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT JEFFERSON CONSULTING LOBBYING CITY MANAGER PROFESSIONAL SERVICES 30,000,00 UNIVAR CHEMICALS INCREASE OF EXISTING PURCHASE ORDER OPERATING SUPPLIES VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT i CSn to ECIIHYER KENAI LIBRARY EXPANSION 89204 -LIBRARY IMPS. AS -BUILT DRAWINGS 7,500.00 89,320.00 KACHEMAK ELECTRIC STREET LIGHT REPAIRS 88224 - STREET LIGHTS STREET LIGHT REPAIRS 10,000.00 20,000.00 83102 - RUNWAY SAFETY CHANGE ORDER WINCE, CORTHELL, BRYSON RUNWAY SAFETY AREA IMPS_ AREA IMPS. ITEMS/PROJECT CLOSEOUT 81,550.00 1,033,697.22 40 °t��,''`Suggested by: Council .: theaityrf // CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING CERTAIN FORECLOSED CITY -OWNED PROPERTIES DESCRIBED AS LOTS 9-13 BLOCK 12, MOMMSENS SUBDIVISION REPLAT OF ADDN. 1 & 2 (PARCELS 039-102- 23 THROUGH 039-102-27), TO HABITAT FOR HUMANITY FOR CONSTRUCTION OF HOUSING. WHEREAS, KMC 22.05.125 allows the Council, by ordinance, to donate foreclosed real property no longer needed by the City for public purpose to a non-profit corporation, for a consideration agreed upon between the City and grantee without a public sale if it is advantageous to the City; and, WHEREAS, Habitat for Humanity is a non-profit charitable housing organization and has identified Lots 9 - 13, Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 through 039-102-27 - see Attachments A-C) as properties meeting the needs of their organization; and, WHEREAS, the referenced properties were acquired through tax and special assessment foreclosures (judgment year was 1987); and, WHEREAS, Ordinance No. 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the properties have been included in several public foreclosure sales where no bids to purchase were received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed City -owned properties described at Lots 9 - 13, Block 12, Mommsens Subdivisions Replat of Addn. 1 & 2, (Parcels 039-102-23 through 039- 102-27), be donated to Habitat for Humanity for construction of housing, subject to the following conditions: 1) Habitat for Humanity is willing to pay the sum of taxes owed to the Kenai Peninsula Borough, and the City of Kenai assessments owed, at the date of closing of the sale to the new owner; and, 2) Up to three parcels will be granted for construction in the 2009 calendar year and once the dwellings are completed (or near completion), the taxes and assessments are paid, a deed for the remaining parcels will be granted, with the stipulation that dwellings be constructed on the properties by December 31, 2012, or the properties will be returned to the City. New Text Underlined; IDELETED TEXT BRACKETED] m Ordinance No. 2373-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 7, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 Attachments Approved by Finance: I LZ-e- New Text Underlined; [DELETED TEXT BRACKETED] -61- Attachment A -62- FORECLOSED PROPERTIES OF INTEREST Assessed Amount Due Parcel ID Physical Address Le al Acres Value KPB I CoK S/A Total Due 3910223 1127 Second St 'Mommsens S/D Replat of Add. 1 & 2 L9 B12 0.34 12,000 00! 2 955.25 236050 5,315.75 3910224 1125 Second St jMommsens S/D Replat of Add. 1 & 2 L10 B12 - 0.26 10,600 00; 2 641.09L — 1 927.82 4,568.91 3910225 — 1123 Second St Mommsens S/D Replat of Add — 1 & 2, L11 B12 --- 0.26 10,600 00 . 2 641.091 1,927.82 4,568.91 _— 3910226 - 1121 Second St 7 I Mommsens SID Replat of Add 1 & 2, L12 B12 026 10600001 2,641.091 1,927.82 3910227 1119 Second St _ j Mommsens_SID Replat of Add. 1 & 2, L13 B12 9 0.26 10,600 00 2 641.091 1,927 82! _4,568.91 4,568.91 Total 54,400.00, 13,519.61 10,071.78! 23,591.39 W Amounts through 2121/09 12/30/08 w C S +YP:. July 8,2008 Mayor Pat Porter Kenai City Council Members 210 Fidalgo St.' Kenai, AK 99611 �P �F iS xe'1l t u � Ii;aWatr".;. i;.li: Habitat for i® Re: Request for: .Foreclosed City Properties—Mommsens Subdivision Parcels 3910223 - 3910227 Dear Mayor Porter and City Council Members: Previously we had asked for future building lots in the Kenai area and were offered five blocks of land under the caveat of paying the back city assessments andborough taxes. We took the offer to our Board. Since we are a small non-profit organization we did not have the financial ability to accept your offer and still be able to build our 15' home in the Kenai-Soldotna area this year. As we are running out of lots to build on that are affordable to the target families we are trying to help, we ask you to reconsider your offer and eliminate the payment of back taxes and assessments. .Again, I would like to stress we have added over 1.5 mOlion dollars to the City and Borough tax assessments over the years. We estimate that each home we build and sell to a selected family adds approximately $110,000.00 to the city assessments. Naturally, once inhabited the taxes are paid. Thank you Bill Radtke President TO Attachment C Suggested by: Administration tknulvaP // AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $130,000 IN THE CONGREGATE HOUSING ENTERPRISE FUND AND THE CONGREGATE HOUSING CAPITAL PROJECT FUND FOR REPLACEMENT OF THE DRY PIPE SPRINKLER SYSTEM AT THE CITY'S VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY. WHEREAS, the existing dry pipe system at the Congregate Housing has experienced air leakage and general deterioration; and, WHEREAS, the City's consulting engineer examined the system and issued a report recommending its replacement; and, WHEREAS, system replacement will ensure the dry pipe sprinkler system for Congregate Housing remains in good operating condition for the protection of the residents; and, WHEREAS, funds are available in the retained earnings of the Congregate Housing Enterprise Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund increase Estimated Revenues: Appropriation of Retained Earnings Increase Appropriations: Transfer to Congregate Housing Capital Projects Fund Congregate Housing Capital Projects Fund Increase Estimated Revenues: Transfer from Congregate Housing Capital Projects Fund Increase Appropriations: Construction New Text Underlined; [DELETED TEXT SPACKETED] -65- $130,000 $130,000 $130,000 $130,000 Ordinance No. 2374-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: January 7, 2009 Adopted: January 21, 2009 Effective: January 21, 2009 New Text Underlined; .(DELETED TEXT BRACKETED] 'Villaye with a Past Ciy with Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 tag Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 I`t�'f 992 A KE AI, LASKA MEMORANDUM U TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directorx/A DATE: 19 December 2008 SUBJECT: CONGREGATE HOUSING; FUNDING FOR DRY PIPE SPRINKLER SYSTEM REPLACEMENT Rick, I recommend the $130,000 increase to the Congregate Housing Capital Projects Fund to support the project to replace the building's dry pipe sprinkler system. This project will replace building's entire dry pipe sprinkler system which has experienced air leakage and general deterioration. This dry pipe sprinkler system protects that part of the building in which the ambient temperature is too cold and would freeze the water in a wet pipe system i.e. the attic and drive -through canopy. An Alaska Registered Professional Engineer, Jerry Herring, has examined the dry pipe system at the Congregate Housing and has recommended in his report that this dry pipe system be replaced, This project will ensure the dry pipe sprinkler system for Congregate Housirg remains in good operating condition for the protection of the residents. 11 14t IV " I R101rIG ■ t^ Prepared for City of Kenai, Alaska December 11, 2008 Prepared by CENTRAL AEASKAA ENGINEERING COMPANY 32266 Lakefront Drive Soldotna, Alaska 99669 Phone (907) 260-5311 Fax (907) 260-5312 Email: akenwineer(W�starband.net • 0 A limited visual inspection of the dry pipe sprinkler system was completed at the Vintage Pointe Manor located at 381 Senior Court in Kenai, Alaska. This report is intended to evaluate the dry pipe sprinkler system. The fire protection sprinkler system was designed by Southeast Fire Protection with the drawings dated November 14, 1991. Drawing sheet 6 of 6 shows the attic Dry Pipe System design which indicates the area of application is 1,950 square feet and the system is designed to meet NFPA 1.3. The routine 2008 annual testing of the sprinkler system completed by ACCFL Fire Systems on September 5, 2008 at the Vintage Pointe Manor identified issues involving the dry piping system. The report findings concluded: "Integrity of system is poor due to the piping system having large quantity of scaling and corrosion inside_ mire have made multiple leak repairs over the last 4 years and the piping is leaking now as well. If system is fully tripped, concern is that the piping will end up leaking more because the internal scaling will be disturbed while filling and draining the system. Recommend replacing main piping throughout," The key to the longevity of a good dry system is being graded properly and following maintenance and inspection procedures as outlined in NFPA 25. It appears this may have been an issue in this system. Picture of the backside of the Vintage Pointe Manor: December 11, 2008 Page 2 of 8 Central Alaska Engineering Company -69- VINTAGE POINTE MANOR SENIOR. DRY PIPE SPRINKLER SYSTEM REPLACEMENT The following provides a. description of the system: 4 From the 2007 NFPA 13, an automatic dry pipe system can be described as follows: "A sprinkler system employing automatic sprinklers that are attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) permits the water pressure to open a valve known as a dry pipe valve, and the water then flows into the piping system and out the opened sprinklers. " The problem with a leaky dry pipe system is that if the system air compressor cannot keep up with the air leak rate, then the system could inadvertently be charged with water which would then be subject to freezing in the cold attic space. This would also set off the fire alarm which would require a building evacuation effort. In addition, fully charging the system could cause the system to leak more as indicated in the test report, so it was not fully tested by ACCEL Fire Systems. The dry pipe system is required to be wet tested every 3 years per NFPA 25 requirements for system inspection and maintenance. 4 From the 2006 IBC, Section 903.3.1.2 requires an NFPA 13R sprinkler system: "Where allowed in buildings of Group R, up to and includingfour stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. " @ From the 2007 NFPA 13R, Section 5.3.2 requires: "Piping in areas that cannot be maintained reliably above 40-F shall be protected by use of an Antifreeze System, Dry Pipe System, or a Preaction System. " The Vintage Pointe Manor has a Dry Pipe System installed to protect the attic space and the vehicle drive -through canopy. The remainder of the sprinkler system in the Vintage Pointe Manor is a Wet Pipe System. ® From the 2007 NFPA 13R, Section 5.3.3 requires: "Where dry pipe systems are installed, they shall be installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. " This is important to note because NFPA 13 would then be the governing standard for the dry pipe system in question. s Southeast Fire Protection drawing dated November 14, 1991, sheet 6 of 6, has a revision note as follows: "A11 piping pitched per NFPA 13 for drainage. " This is important to note because with a dry pipe system, the ability to drain the system when wet tested, out through the low point drains, is necessary for freeze protection of the system. Unlike a wet system, the dry pipe system then has air in the system which subjects the piping and fittings to internal corrosion, scaling and pitting from residual water in the system if not adequately drained. Inadequate grading may have contributed to residual water remaining in the system. a Internal corrosion is likely the source of the air leak problem as was noted in the ACCEL Fire Systems report "the piping system having large quantity of scaling and corrosion inside. " During repair work on the dry pipe system by ACCEL Fire Systems over the past years, the scaling and corrosion of the pipe threads were noted to be a problem. No sample of the cut-out material was available for inspection for this report. The condition of the system and description of the repair work was provided by Mike Warner with ACCEL Fire Systems who has hands on experience with the maintenance and testing of the subject system. The use of Allied "XL" thin - wall steel pipe is used in 2" and under applications throughout the system. There is a caution noted stamped on the pipe about proper threading of this type of pipe. December 11, 2008 Page 3 of 8 Central Alaska Engineering Company -70- System Pictures: The following are pictures of the subject dry pipe system: System low point drain and testpord. ivoie me rnreaaea ,)ratings and XL pipe. Allied "XL " Thin -Wall Pipe with Caption note about intproper threading. December 11, 2008 Page 4 of 8 Central Alaska Engineering Company -71- VINTAGE POINTE MANOR SENIOR HOUSING DRY fr w PIPE ' s SPRINKLER c w REPLACEMENT S®stem Pictures Continued; The following are more pictures of the system components: 4 " main to 2-112 "riser tee with grooved GRIJVLOK,fitting, Dry pipe installed in the attic. Properly graded fir- drainage? December 11, 2008 Page 5 of 8 Central Alaska Engineering Company -72- The following options are available: Do nothing at this time and continue to Iet the system deteriorate. Make repairs as the compressor system does not meet the standard ofNFPA 13, Section 24.2.2.1 which calls for an air pressure leakage test at 40 psi with a loss of no greater than 1-1/2 psi over the 24 hour test period. As a minimwn, proper monitoring of the air system should be completed on a routine basis and repairs made when the standard is not met. This could turn into a worst case scenario if the system were to inadvertently charge which could cause further system deterioration. If the system were to go off in the middle of winter and at night, this could cause freezing damage to the charged system, would cause evacuation of the building and. undue stress on the occupants. The existing dry pipe sprinkler system has been at risk for the past four years. ® The recommendation by ACCEL Fire Systems in the September 5, 2008, inspection report is to replace the main piping throughout the dry pipe system. The extent and cost of this modification varies on how the work is to be done. There are estimated to be over 175 sprinkler heads supplied by the dry pipe system. One way would be to abandon the existing system in place as much as possible and install all new piping and sprinkler heads throughout. Project cost would depend on the time of year the work is done, the extent of tolerance the occupants will be subjected too, dedicated space for construction on the third floor, and the types of material to be used in the installation. It is recommended Schedule 10 galvanized pipe with grooved fittings be used on the cross mains and Schedule 40 dyna- thread steel pipe be used in the feed mains. A rough order of magnitude cost estimate for replacement of the dry pipe system is $101,263 +/- 30% and is provided on page 7. The use of alternative materials such as CPVCto reduce the installation cost is prohibited by NFPA 13 in a dry pipe application. CPVC pipe is not designed for this application being exposed in a cold attic space. December 11, 2008 Page 6 of 8 Central Alaska Engineering Company -73- Unit Direct Cost Item Description Unit Quantity Cost Subtotal 4" Horizontal Sch 40 Steel Main LF 125 $10 $1,250 4" Vertical Sch 40 Steel Main LF 25 $10 $250 4'W" GRUVLOK Tee's # 2 $40 $80 3" Horizontal Sch 40 Steel Main LF 90 $8 $720 2-1/2" Vertical Sch 40 Steel Main LF 60 $7 $420 3"4-1/2" GRUVLOK Tee's # 12 $38 $456 V-2" Vertical Sch 10 Allied XL Pipe LF 50 $6 $300 2"xl-VT' Cast Iron Tee's # 10 $20 $200 1%2" Horizontal Sch 10 Allied XL Pipe LF 1400 $6 $8,400 1"-2" Tee's # 200 $5 $1,000 Sprinkler Heads # 175 $20 $3,500 1-1/2" Drip Drums # 4 $85 $340 1" Drip Drums # 4 $80 $320 4 Man Crew HR 640 $55 $35,200 30% Demolition LF 525 $10 $5,250 Total Estimate of Direct Costs Indirect Cost Item Description $57,686 Project Superintendent Month 1 $10,000 $10,000 Project Engineer Month 0.5 $8,000 $4,000 Bond # 1 $2,500 $2,500 Mobilization & Demobilization # 1 $5,000 $5,000 Job Shack Month 1 $800 $800 Pick -Ups Month 1 $400 $400 Lodging & Subsistence Month 1 $4,000 $4,000 Total Estimate of Indirect Costs $26,700 Contractor Overhead @ 10% $8,439 Contractor Profit @ 10% $8,439 Total Project Estimate +/- 30% $101,263 Assumptions: The building will remain fully occupied during the job. Staging areas will be provided outside and on the third floor. Limited access to third floor to one route for workers. 40 man-hour workweek, hours and days allowed for construction to minimize disturbing the residents. December 11, 2008 Page 7 of 8 Central Alaska Engineering Company -74- s ,WHa '; . r 1 UPWWWA Mel, Scope of Work: The scope of work is to provide design -build construction services by a qualified contractor to replace the dry pipe sprinkler system in the attic (approximately 1950 SF) and the vehicle drive -through canopy (approximately 784 SF) at the Vintage Pointe Manor, Kenai, Alaska. The dry pipe sprinkler system requires replacement due to air leakage of the existing system. The replacement system shall be designed and installed with proper grading and drainage to allow for testing and maintenance. The new system shall be flushed and pressure tested at 200 PSI for 2 hours. Demolition of the existing piping shall be completed as necessary as to permit installation of the replacement piping. Installation of drip drums and piping necessary to assure proper drainage of the dry pipe system shall be required. Specifications: The replacement dry pipe system shall be designed and installed to meet NFPA 13 requirements for this type of application. All pipe and fitting materials, proper grading and drainage for testing shall meet NFPA 1.3 standards. Supporting Assumptions and Information: The building will remain fully occupied during the construction effort. Staging areas will be provided outside and on the third floor. Care must be taken to protect floor coverings, walls, etc. Limit access to the third floor to one route for the workers. Note hours and days allowed for the construction to minimize disturbing the residents. Contact Rachael (on -site manager) at 283-4156 to work out specifics. December 11, 2008 Page 8 of 8 Central Alaska Engineering Company -75- "�/illa e with a Fast, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us EI�C Lt� O f KENALALASKA Date: December 3 t, 2005 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager "Y RE: Assignment of Lease — Everts Air Fuel, Inc. to ENA LLC Lots 5 & 6, Block 1, F.B.Q. Subdivision Everts Air Fuel, Inc. has requested an assignment of their lease for the above referenced property to ENA LLC. Everts Air Fuel will still utilize the property but the name on the lease will change upon the City's approval. The parcels are shown on the attached map. The 35-year lease was entered into on April 1, 2008, The lessee is authorized to use the premises for aircraft parking, aircraft maintenance, cargo storage, FRO,, office space and ground maintenance. Storage of fuel tanks on the property is not an allowed use. The lease states the lessee shall not assign, sublet, or grant a security interest in, by grant or implication, the whole or any part of this lease, the premises, or any improvement on the premises without the written consent of the City. The City Attorney has reviewed the attached documents and has no objection as to the forms. The parties are in compliance with the City and real property and personal property taxes with the Kenai Peninsula Borough. They are working with the Borough to come into compliance regarding sales tax registration. If Council approves the assignment, the consent can be executed. Cc: Everts Air Fuel, Inc. Attachments -76- ueC, i0, LGU6 1 53rv1 to. VUIN r, L A I RF L1 EL. December 16, 2008 City of Kenai Attn: Kim Howard, Asst to the City Manager 210 Fidalgo Ave Kenai, Alaska 99611-7794 Fax:(907) 283-3014 RE: Tots 5 & 6, Block 1, F.B.O. Subdivision Dear Kim: Per our telephone conversation last week, Everts Air Fuel, Inc. would like to request an Assignment of Lease for the above referenced property to ENA LLC. Everts Air Fuel, Inc. will continue to be the entity utilizing the property but the name on the lease should be RNA LLC, P.O, Box 60908, Fairbanks, Alaska 99706. I have enclosed the requested documents fox your review. Thank you for your consideration in this matter. Very truly yours, EVERTS Alit FUEL, RNIC. By. CIif£o i Everts Presi en# Encls. . ., (007) 656.2395 •Fax (967)391-82.6 • FA Bnu 88988, 5525 Airport Industrial Road • Fairbanks, AK 88706.8908 UeC. !A. LUNb I:jjrtw No, UU19 P, j ASSIGNMENT OF LEASE AGREEMENT Everts Air Fuel, Inc., hereinafter called the Assignors, (Telephone: (907) 450- 2375) whose address is P.O. Box 60908, Fairbanks, Alaska 99706, do hereby assign and transfer to ENA LLC, hereinafter called Assignee, (Clifford R. Everts — Telephone (907) 450-2375), whose address is P.O. Box 60908, Fairbanks, Alaska 99706, all of Assignors' rights, title and interest in and to Lease Agreement 2008-003907-0, dated April 1, 2008 described as follows: Lots 5 & 6, Block 1, F.B.O. Subdivision Assignee's intended use of the premises includes flight operations offices, aviation related activities, administration activities, and general aviation related activities. DATED at Fairbanks, Alaska this 16t' day of December, 2008. ASSIGNOR: _fir f Cliffo dk Everts� STATE OF ALASKA ss. FOURTH JUDICIAL DISTRICT THIS IS TO CERTIFY that on this 16t" day of December, 2009, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared CLIFFORD R. EVERTS, known to me to be the Assignor referenced in the foregoing Agreement, and who each acknowledged to me that the foregoing instrument was executed freely_ and voluntarily for xe uses and p,q oses therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. Notary Public in and for AlAka My Commission Expires: c 3 t 200' OMCM1 SEAL IMNNYM SIMINGTON NOTARY PUBLIC STATG OP ALASKA My t;ummisabd Eupiees: MaV 9r, zoo9 -79- UeC. 10, 1 H d 1,33PM No, 0019 P. 4 ACCEPTANCE OF ASSIGNMENT BNA LLC, Assignee, (Clifford R. Evens — Telephone (907) 450-2375), whose address is P A Box 60908, Fairbanks, Alaska 99706, does hereby accept the assignment of Lease Agreement 2008-003907-0, dated April 1, 2008 and agrees to accept responsibility for all of the Assignor's obligations under this lease, including the environmental liability and responsibility, DATED at Fairbanks, Alaska this 26`h day of December, 2008. STATE OF ALASKA ss. FOURTH JUDICIAL DISTRICT ENA LLC, Assignee Clifford R. Everts Manager THIS IS TO CERTIFY that on this 16t" day of December, 2008, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared CLIFFORD R, EVERTS, known to me to be one of the Managers of ENA LLC, referenced in the foregoing Agreement, and who acknowledged to me that the foregoing instrument was executed freely and voluntarily on behalf of ENA LLC for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. Notary Public and for Alaska My Commission Expires; zoo--- � Dec.16, 200E 1.33PM No, 0019 P, 5 CONSENT TO ASSIGNMENT The City of Kenai, Lessor in Lease Agreement 2008.003907.0, dated April 1, 2008 described as Lots S & 6, Block 1, F.S.O. Subdivision, hereby consents to the assignment dated December 16, 2008, of the right, title, and interest of the Lessee in the above referenced agreement to ENA LLC, whose address is P.O. Box 60908, Fairbanks, Alaska 99706. This consent is given subject to and providing that if there is a conflict between Lease Agreement 2008-003907-0 and the assignment or its underlying documents, Lease Agreement 2008.003907-0 governs. It is a further condition of this consent that nothing in the assignment or its underlying documents, to include any sale, release or indemnification provision or agreement between the Assignee and Assignor, will operate to diminish the Assignee's or Assignor's obligations to the Lessor, grant the Assignee or Assignor greater rights, diminish Lessor's rights, or obligate the Lessor to greater obligations, that the respective rights and obligations set out in Lease Agreement 2008. DATED this day of BY STATE OF ALASKA } ss. FOURTH JUDICIAL DISTRICT � City of Kenai THIS IS TO CERTIFY that on this _ day of J , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me to be a representative of the City of Kenai, referenced in the foregoing Agreement, and who acknowledged to me that the foregoing instrument was executed freely and voluntarily on behalf of City of Kenai for the uses and purposes therein set forth, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written above. Notary Public in and for Alaska My Commission Expires: one Ir<IM.0,0 lviltaye WA a Fast Cilly wick a Future ®® 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenaLak.us \O the ciyof !// E At� MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City erk DATE: January 2, 2009 RE: COM USSION/COMMdTTEE TERM RENEWALS Following are the members of city commissions, committees, and boards who have terms ending in January, 2009. All these members were sent a letter requesting they complete an application form as requested by council (2006). Those who have submitted their application are listed as "Want to continue terms." Attached for your information are the attendance records for 2008 meetings, along with the applications for reappointment. " WANT TO CONTINUE TERMS NO RESPONSE OTHERS ON FILE Library Commission Bob Peters I Carol Brenckle ' Parks & Recreation Commission Parks & Recreation Parks & Recreation Al Hull Fins. Keifer Gary Oliver Jim Beeson Harbor Commission. Gary Foster Tommy Thompson Beautification Committee Kay Shearer Airport Commission Airport Commission Larry Porter Chris Hayes Doug Haralson Glenda Feeken (expressed interest/no application received at time of printing, Council on Aging Council on Aging Bill Osborn Fiocla Wilson Margaret Milewski Planning & Zoning Commission Planning & Zoning Karen Koester Tim Wisniewski Kurt Rogers Jeff Twait Does Council wish to renew appointments or make new appointments of the above persons to the Commissions/Committee? -82- FROM LAW OFFICE -CAROL SKENCKLE 80T-288-4484 CWED)NOV 18 2008 10: 401ST. 10140INo. 7524838822 P t CITY OF KENAI "i/igage with a past --City with a future. " BACKGROUND AND PERSONAL DATA - ,.. CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 DATE: I 1 ©ii FAX: 283-5068 NAME: CAIZQ L A g RED GkLE Resident of the City of Kenai? f �tt How long? 99 9s � rs Residence Address 502' M L bLK- Mailing Address Same. -as Z[-601j(t Home Telephone No. Home Fax No. t'.i � C` _ J Business Telephone No Business Fax No, a A 3 — 44� Email Address: May we include your contact information on our Web page? ALL C1 If not all, what information may we include? �n` i EMPLOYER: S �6_P Job Title ATTbY-n e NAME OF SPOUSE: Wj A Pnet nvewniva+innm8 mr+mhnvch9ne! kme_ri r-'z_n �,L6rfJx4 A-S%0CLQ.- 0 fl/ TO BE WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU COMMISSION OR COM1tW EEt TAW19FF� �5JfYa S M(SSI dA - We BRAYG TO THE � Signature -83- CITY OF KENAI "pillage with a past — Cio} with a_future. BACKGROUND AND PERSONAL DATA - -_ CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Eire cUy o f KENO ALASKA RETURN TO: KENAI CITY CLERK 210 FIDALOO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 g FAX: 283-6068 DATE: �;JcCcaw2��.r'- I- Zd8:i�i' NAME: Z Co h &- + e-y S Resident of the City of Kenai? e- now Zang? — 30 + Xeav i Residence Address 0 2- % l fb l @ < 1u � Mailing Address Home Fax No. — Business Fax No. Bo'k4 i� Li Home Telephone No. Business Telephone No Email Address: May we include your contact information on our web page? ALL X If not all, what information may we include? r Job Title Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: t l b rc v iA f WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Y C S Z -Q-r pie L WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? .Q l` - 9_A,) VEP-065' 0A) L Signature [$J -84- Dec 12 08 09:59a R1 Hull Rstech 907-335-2783 p.l CITY OF IKL%rjvvNAI ,p= .ae >BACXG1tOUND AND PERSONALDATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS acme,. nueNRETURN TO: KENAI CITY CLERK 210 F3DAL4GO AVFAqIM KENAI, AK 99611 PHONE: 283-7535, EXT. 231 IRATE. l:t��•l® Qa FAX: 283.5068 NAME- Resident of the City, of Kenai, /vd Raw tong? Residence Address el crm o ry G A / Address wee Home Telephone No. Z8 3 - 9 0gG Home Fax No. art /r Business Telephone No zm-S - Z va k Business Fax No. Email Address: Al R��lets�yc+ 9t•gsra.nier7 May we include your contact information on our web page? ALL if not all, what information may we include? __ VE-S ZVPLOYFP— P C. S. 2 Job Title NAME OF SPOUSE- moll, t-Ut Current membership in organizations: WILY /.. YOU * WANT TO BE INVOLVED WITH :. .1 T 1d• d . A ; OR • lir/ NOW -85- CITY OF KEAI " village with a past — City with a future. " \' BACKGROUND AND PERSONAL DATA - ,::., CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS the 'd y of RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-SO68 DATE: NAME: Resident of the City of Kenai? fV U 1061... /�fGe /'ACekHow long? Residence Address 3�5 aeerjlL C:O /%��G✓$ ��l�<i/e Mailing Address Home Telephone No. Zt1,2' 9 Home Fax No. Business Telephone No Business Fax No. Email Address: /l, G(S' May we include your contact information on our web page? ALL X if not all, whaf information may we include? EMPLOYER: LY n l� � %) Job Title _ /t C c NAME OF SPOUSE: Current membership in organizations: l4/z� 6o n'-'q (Z s Past organizational memberships: OR COMMISSIONS IN WHICH YOU ARE INTERESTED: GGh S 1 'etfG- WANT TO THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, Signat r -88- CITY OF KENAI "Village with a past — City with a future. " BACKGROUND AND PERSONAL ,. OCT - 92008 DATE: /0-,6 - e945 NAME: RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? `t How Lang? 9-5 ' J F-A r,-S Residence Address 9,70 5 Z+ Mailing Address ce-In 5g Home Telephone No. - 746 7 Home Fax No. Business Telephone No Business Fax No. Email Address: 51 w! rty @: 'ZE Ii, di5 `k = tv May we include your contact information an our web page? ALL If not all, what information may we include? _AIM9. ddg- nbn tis ud n�Ff� EMPLOYER: NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: Job Title ,GDVA4)0, 7—Qj/QIC-Arj COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: A '45 ti' ka i�3/ iVi YOU WANT TO BE INVOLVED WITH THIS CQMMI$,SION,OR, COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? / : , _ OM NOV-20-2009 10:52 AM 4279126315284S3361367837 907 283 9055 P.01 er Mage with a past — City with a furure." BACKGROUND AND PBROONAL DATA - ,r. DATE: NAME: -CAP-1 F" , •1 zk Resident of the city of Kenai? How long? to YIZS �" Residence Addreee koq �C-Wn-t Mailing Address gog Z5Oti KE5VAJ Nome Telephone No._ Home Fax No. _• Business Telepho No - .&V`T Business Fax No. Email Address: t2c n rr May we include ,your contact information on our web page? ALL not all, what information may we include? MPLOYER: h7 Z0 Job Title Current membership in organizations: Past organizational momborshipe: COMUrr=ES OR COMMISSIONS IN WHICE YOU ARE INTERESTED: 001104E CZW,44. • KENAL AL SKA CITY OF KENAI "Village with a past -- City with a future. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS REC ErVED DEC - 2 2008 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 CM FAX: 283-5068 DATE:w,- NAME: Resident of the City of Kenai? %s { How long?v 7 r + S Residence Address I ff tf4 V I P9 S% 7 Mailing Address S r Home Telephone No. i F 3 Home Fax No. Business Telephone No Business Fax No. Email Address: k�R % (s 45K 4 •,or r-r May we include your contact information on our web page? ALL .3If not all, what information may we include? -- EMPLOYER: 'r ne�rG.�/ `c � .'.. o+rr s /3 l r 5k's^9 Job Title 5 e7e 4.�"'c NAME OF SPOUSE: X /-S �: P k1 % ._h Der? / St H Current membership in organizations: l i r9 i3or2 C°C urc 4 S ira Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: tfl'lefe'lzIJ a�rY7r Sit WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? lafY? s rt c v(rrrc riv TA-N 14/9/0'4z1/'Z- WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? r4liA2! aL F° a fi V ✓'2 (/5�'✓"j" f l /E'✓✓1'7.�6'"7 t. p s f'i I%( A v in- 7 r ?v-r 'io Y 5ia 5 x/rv/Par r75 i7 122F_'1 I--'iV- ',Lk 7- L4-A . , S< y7 Signatur U< -89- I r< DATE: NAME: Resident of the City of Kenai? Residence Address _ 140'1. "r( CITY OF KENAI "V1ilage with a past — City with a,future." A'-CXGP,OUXD AND PERSONAL Malling Addrecc ', l `TV I: U iT LM L Horne Fax No. 1 Business Telepl Business Fax No. FmeiI Address: May we include your contact information on our web page? ALL include? " b f PHONE: 283.7535, EXT. 231 FAX: 283.SO68 How Iong? Telephone No. ` Flrzi1 I . all, may we EMPLOYER: Gll _ Job Title NAME OF SPOUSE: 1 SIA Current membership in organizations: Pact organizational memberships: •� «r . . �-r , -, 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? Signature TOOM UAL 2[vH Z9689LLL06 YV3 99:OT B00Z/9T/ZT CITY OF KENAI "Village with a past —City with a future. " BACKGROUND AND PERSONAL DATA - t CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS KENAI. ALASKA R6CIE� RETURN TO: KENAI CITY CLERK DEC — Z008 210 FIDALGO AVENUE KENAI, AK 99611 LENAI CM C ERA � PHONE: 283-7535, EXT. 232 DATE: December 9, 2008 Amy— FAX: 283-5068 NAME: Larry E Porter Resident of the City of Kenai? Yes How long? ^„40 years Residence Address310 RcgerTL Road Mailing Address same Home Telephone No, 283 - 4 3 4 8 Home Fax No. Business Telephone No Business Fax No. Email Address: leT)9932@hotmail.com _ May we inclu syour contact information on our web page? ALL If not all, what information may we include? YY EMPLOYER: NAME OF SPOUSE: Job Title Current membership in organizations: _u Airlines Owners.Pilot Association Past organizational memberships: American Petroleum Institute, various youth COMMITTEES OR COMMISSIONS I '�'nFe'cP , Airport Commission _. �is� WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 1 WHAT BACKGROUND, EMX TTPTERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSppoyff byO Fh-i77iEE1 M� eRSH ? over 36 years. Retired as the plant superintendent vn extensive managemen experience in c ice management an uman resources, I currently hold a commerical, multi -engine, instrument, and float plane certicate from the FA -A. My plane has been parked at the Ken P_1rport since the opening of_ the float_plane basin all -the services I have needed to maintain and fuel the plane have been obtained at the airport. Signature _91- the a'yaf� KENAI. ALASKA DATE: ia' 31 - CS ``I.(A60 Resident of the City of Kenai? Residence Address CITY OF KENAI "Village with a past — City with a future. BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 How long? �e Mailing Address I D)a-1 a HDLP 1,Pl4 ZQ 3 k ilyu4ioi Home Telephon�e,N�o. 139' _ Home Fax No. Business Telephone No aSi,S-_s?isii� Business Fax No. e2 - 5 3 Email Address: May we include your contact information on our web page? ALL not all, what information may we include? UP 5 EMPLOYER: � //'! f3 Y e F -Eh e t?e A e tl S L,) 96. Job Title � f p ( C( - / C7 to Act - NAME OF SPOUSE: Da y i J Eec-- K- n ( dee ea sects ) IM Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 11X41 Ant DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, Signature "rillage with a past -- City with a future. " BACKGROUND r PERSONAL ► tieu>��f DATE: 20 December 2008 NAME: Douglas Haralson Resident of the City of Kenai? No Residence Address 36889 Cranwood Place PHONE: 283-7535, EXT. 231 FAIL: 283.5068 Mailing Address PO Box 2881 Home Telephone No. 907-283-4623 Horne Fax No. Business Telephone No 9 0 7- 2 8 3- 3 73 5 Business Fax No. Email Address: Haralson@gci.net May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER. Federal Aviation Administration Job Title Front -Line Manager N OF SPOUSE: Cindy Haralson Current membership in organizations: Alaska Airmens' Association, Alaska Aviation Safety Foundation, Aircraft Owners' and Pilots' Association, National Officer for the FAA Supervisor Committee 1"PICAVvyr IN WHICH YOU ARE INTERESTED: Airport commission WHY DO YOU WANT TO BE INVOLVED WITH THIS COZY MSSION OR COMMITTEE? Continue to help the community. This is a way I can bring my background to give something back to our community. 2 will serve as long as the council wishes me to act in this capacity. VMAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEEMEMBERSHIP? 25 years with FAA Management, 30 years as a pilot, private business owner, strong interpersonal skills. Member of the local community for 15 years. CITY OF KENAI Village with a past -- City ioith a future. " sAcxGRouNn AND PERSONAL DATA - °. CANDIDATES FOR APPOINTMENT COMMITTEES AND !YltAkl6rtYCCrYhATL t& tnaary% "/ RECEIVED KENAL ALAW RETURN TO: �✓�✓/ KENAI CITY CLERK OCT 13 2008 2I0 FIDALGO AVENUE KENAI, AK 99611 ���L L PHONE: 283-7535, EXT. 231 DATE: >�q p � FAX. 283-5068 �tJ ._EV "Ci �1 NAME: �t L x4 e,S Resident of the City of Kenai? How tong? Residence Address , 1 kx-t" Mailing Address ��D6i oX N, P- - `'� � � �� i v`i"���� Home Telephone No' qQ-)43`�N Home Fax No. Business Telephone No— ai _ .-$t5' Business Fax No. 90D -�1R 9 -- I `l l Email Address: L L _�ss± May we include your contact information on. our web page? ALL If not all, what info ation may we include? EMPLOYER: $ Ott �,� � vS _ L,)Q A I,hL l ot , 6�R Job Title h Di u NAME OF SPOUSE: 1E k 7 c, fiN . Past organizational-nember.-hir ,A:` �3 :< : �� i �4 l 2 : 'c"1 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO HE INVQLVED WITH THIS COMMISSION OR COMMITTEE? 17� WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, Signature -93- CITE' OF KENAI "Village with a past —City with a future. " BACKGROUND AND PERSONAL DATA - rE<x.— CANDIDATES FOR APPOINTMENT COMMITTEES AND RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 293-7535, EXT. 231 DATE: FAX: 283-5068 NAME: Resident of the City of /Kenai? � 5 How long? `41 14 5 Residence Address s /- .2. '�� t5 t2 S F - (j — Mailing Address i s 3/ t ! 3 lv-il Telephone No. 6 Home Fax No. c — Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL G If not all, what information may we include? EMPLOYER: e `T 4^/2 z5b Job Title NAME OF SPOUSE: 1 4% 'T� Current membership in organizations: C t,)A l- / L_ o n ( /�1_fr / /^ Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 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? Signature the <iiy�af KENAI, ALASKA DATE: f'Q " a d NAME- /�, .K. - !Wdv✓1-1A- Resident of the City of Kea Residence Address CITY OF KENAI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND ONS RETURN TO: DEC 2006 KENAI CITY CLERK 210 FIDALGO AVENUE EAI CLERK KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 \l e a How long? 19d� w1 Mailing Address etc 2s /y /t &-°e p— ,. Home Telephone No. Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL ❑ If not all, what information may we include? Job Title NAME OF SPOUSE: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 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? -95- CITY OF KENAJ " Fillage with a past -- 00with a future. " BACKGROUND AND PERSONAL DATA - ;> CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS flre c<Ey a f KENALALASKA RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 293-7535, EXT. 231 DATE: \ �Gt l� 5 FAX: 293-5065 xAME: Cca� ed, �c�es jam- Resident of the City of Kenai? �-1 <' How long? " st Residence Address V LJ S .S9k' N e-e Mailing Address 5e0 �- Home Telephone No. 293 -2 D'-lq Home Fax No. Business Telephone No J&T-Z 75�f Business Fax No. Email Address: May we include your contact information on our web page? ALL 0 If not all, what information may we include? EMPLOYER: 5 ram- Job Title S� NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: �Pn W4t COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? .-'ram� WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ` eti.C, Signature -96- CITY OF KENAI Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND OMMISSIONS Eheciiyuf RECEIVED KENAI, ALASKA RETURN TO: KENAI CITY CLERK NOV 2 0 2008 210 FIDALGO AVENUE KENAI, AK 99611 KENAI CITY MERK I /LZ/�J �gj� (PHONE: 283-7535, EXT. 231 /y,� iFAX: 283-5068 rk"70JA Resident of the City of Kenai? Residence Address i Mailing Address Horne Telephone No. ,4=9-� Home Fax No, 6Uy— Business Telephos}eNo_ r Business Fax No. 5'f Email Address: LV9 IJ t tv� May we include your contact information on our web page? ALL le� If not all, what information may we include? EMPLOYER: NAME OF SPOUSE: Current membership in organizations: !c'rntR' Past organizational memberships: /11G 'o - oez Job Titte ¢' flit � COM'f1,i'1 MITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ✓Rf` el'o � M'i h'4 (55" WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, no CITY OF KENAI AND PERSONAL �� ,a M CANDMATES FOR APPOINTMENT COMMITTEES COMMISSIONS KENRL AILASKARETURN TO: KENAI CITY CLERK 210 FIHALGO AVENUE KENAI, AX 99611 PHONE: 283.7535, EXT. 231 DATE: �'°' FAX, 283-5068 N F~ Resident of the City of Kenai? - �� :� How long? Residence Address l g off; Melling Address r� A rh Home Telephone No. t� Home. Fax No.Business Telephone No Business Fax No. � F.maii Addre ti `c May we include your contact information on our web page?�LL�,t f not all, what information may we include? .q EMPLOYER: �?�E•+�""F .lob Title C.J k! NAME OF SPOUSE: Past orPg'@nfiQEtional memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE RESTED: ElhfiW-"irLr ra® You �1A.Nx �°�a sE 1N47®I.vED WIxE xli�� COM�'lI8SPClN m E ��-� ��.!�-~ �"� Fh'�`'�-�.•T-�"%#� ��`�-k-e.:.s� t i � � {mot C ,3C.€ � . �C'..r�J �li� / "Tim • DCT-093.-2004 12:51 PM PENINSULA MEM. CHAPEL.O. 19072836116 P.01 CITY C)F KENAI rillage with a past --City with a future." ;n BACKGROUND AND PEASONAY. DATA T CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS thr. j DATE: RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AX 99611 PHONE: 283.7536, EXT. 231 FAX: 283•3068 Resident of the City of Xenai? , Sec—� 4 �_ How longs Residence Address Mailing Address Qreq k E <a, - L J ems.. Home Telephone No, Yla d 1 Hoene Fax No. Lr-,9.611 h ' Business Telephone No Business Fax No. .. —Email Address: ------ May we include your contact information on our web page? ALL Of not all, what information may we include? EMFLOYEP- _,59,tE _ _--_-- Job Title JL,-- NAME OF SPOUSE: Cent membership in organizations: G, �, , yf _ ,, h �_. / f •�w �c ¢a � _� F _�._. Past organisational memberships, COMMITTEES OR IN WHICH YOU ARE INTERESTED: commismoN OR •x u�.,.. "Village wick a Past C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.ci.kenai.ak.us November 16, 2008 Doug Haralson Airport Commission N P.O. Box 2881 Kenai, AK 99611 I.' • r�X r t ut,if 1/ '.,17��I,3a7•f.�xQ-'italSr Dear Commissioner Haralson: Your term on the Airport Commission ends in January, 2009. This letter is written to inquire if you want to be reappointed to the Commission for another three-year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by e sTE :. DECEQ e:BElt 15, 2008. If you have ary questions, please co ntact me at 283-7535, extension 231 or email me at cfreasrci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk elf cc: Airport Manager Bondurant -100- COUNCIL ON AGING 2009 ATTENDANCE RECORD MEETING DATES BILL OSBORN WIINDA FLOWERS AIRPORT COMMISSION 2008 ATTENDANCE RECORD MEETING DATES COMMISSIONERS (� �� 3� I �irn/f�o8 g� � �lu�� 9iri DOUG HARALSON �ynni JAMES BIELFELD ! g I JAMES ZIRUL CHIP VERSAW HENRY KNACKSTEDT ERIC MAYER i A 1 LARRY PORTER BEAUTIFICATION_ COMMITTEE 2008 ATTENDANCE RECORD MEETING DATES r MARILYN f PEGGY :3 p� ����'� HARBOR COMMISSION 2008 ATTENDANCE RECORD MEETING DATES COMMISSIONERS TOM THOMPSON LIBRARY COMMISSION 2008 ATTENDANCE RECORD MEETING DATES COMMISSIONERS 8 � p Q ��IQ `��g ;a lQg / CAROL BRENCKLE EILEEN BRYSON CHRIS TINE COOK / �I F ✓ i KATHY HEUS q� J / d p� i j%� 9 l REBECCA GILMAN / BOB PETERS ( 1 �9 y�J MILY DE FOREST ! / 14 MOLLOY GRAVES 14 C�J PARKS & RECREATION COMMISSION 2004 ATTENDANCE RECORD MEETING DATES COMMISSIONERS /fD� ��( ���"%P 8 if�3 /E / !`lp� q/ %��� °ff ejt �A�%�✓�� f ��f DALE SANDAHL TODD WORTHAM JOE FOGLIA � � p� � Qsl �} JIM BEESON f�%% KIM MCDONALD / fJ MEGAN GABRIEL J � HULL z �R v1 ' L. 1� %� PLANNING & ZONING COMMISSION 2008 ATTENDANCE_ RECORD MEETING DATES PHIL s Jfi:ii3iiA PLANNING & ZONING COMMISSION 2008 ATTENDANCE RECORD COMMISSIONERS �f �23�3h�a$ Tlof� JEFF TWAIT PHIL BRYSON A SCOTT ROMAIN A ROY WELLS (c- A(F— KAREN KOESTER r A(e) ��a y1� 6 j� /0 P JERRY BROOKMAN KART ROGERS t f i ",q Chapter 1.90 STANDARD PROCEDMS FOR BOARDS, COMMISSIONS A1. • i f Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Quallficatioas. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific requirements of boards, commissions and committees. 1,90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one 4Council Member elected by the Council as ex. officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member ofCouncil or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. 1.90.020 Duties. (a) Members of boards, commissions and connnittees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the board, commission or committee. (b) If the board, commission or corrumttee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City NCouncil. 1.90.030 Qualifications. (a) A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or cormnitme is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. L° any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor. Library, and Parks and Recreation Commissions may at the discretion of the Council have up to two non-resident members each. (Ord. 1948-2002) 1.90.040 Terms. (a) A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, corn:csssion or committee member shall be staggered so that three (3) members will be appointed for one year, two members will be appointed for two years; and two members will be appointed for three years. Teems shall commence on January 1 of each year. 1.90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of 32 (S84-7126@4) -109- 1.90.050 boards, commissions and committees are subject to the paramount authority of the City Council. (b) If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of three (3) consecutive calendar months, he/she shall thereupon cease to hold the seat. A commission, committee or board member may not have more than three (3) excused absences during a twelve month calendar year. (c) In all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610-94; 2017-2003; 2050.2004; 2140- 2006) 1.90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ords. 1223, 1239) 33 -110- (Kenai Supp. No. 87.4-06) 1 ! � LL"113_ Kenai Peninsula Economic will r _ f -'_ $ _ 11 9 E Whereas, the Kenai Peninsula Economic Development District is an incorporated non profit entity; Whereas the Board of Directors has changed its policy from time to time; Whereas, the Board of Directors at its regular scheduled meeting of August 25, 2008, did by unanimous consent pass the following policy for the appointment of Board Members: 1. Individuals with an interest to serve on the Board of Directors of the Kenai Peninsula Economic Development District shall submit the following to the Secretary of the Board: a. Letter of interest outlining past experience and ability to serve on the Board: b. A Minimum of two letters of recommendation from any combination of the following business types located in the area in which the vacancy occurred: 1. For profit business 2. Not for profit business 3. Community Development Organizations 4. Recognized Community Leader. The Board shall use Public Service Announcements, Chamber News Letters, and other local media for the announcement of the Vacancy. Kristine Holdridge John Torgerson President Interim Executive Director NMI Carol Freas From: Linda Swarner [Iswarner@hotmail.coml Sent: Wednesday, November 05, 2008 9:11 PM To: Carol Frees Subject: FW: State block This was in my junk mail. Sorry I couldn't find it earlier. Rick Ross should probably sign the form. From: Kenai Fabric Center (907) 283-4595 [maitto:kfc@acsalaska.net] Sent: Wednesday, November 05, 2008 3:57 PM To: Iswamer@ hotmail,com Subject: State block "Old Kenai" My block was created with Old Kenai in mind. To the Dena'ina, the Raven was an important figure in their mythology with "Yaghali du" being a greeting. The Kenai River provided them with sufficient salmon which they would hang to dry and store for the winter months. The knife is an artifact of the Dena'ina made of iron with quillwork on the handle. Kenai is located at the mouth of the Kenai River on the Cook Inlet, with Mt Redoubt watching over us. Many residents over the years have made their living by commercial fishing. Gwen Woodard 702 Cypress Dr. Kenai, AK 99611-7519 907-283-7708 woodard(8acsalaska. net -116- PURC..__ of ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNQ, EVIEW COUNCIL MEETING OF: JANUARY T, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT FARINA'S RESTAURANT SUPPLY KENAI SELF STORAGE ANCHORAGE DAILY NEWS FRYER TERMINAL SMALL TOOLS 5,000.00 4V CONEX VISITOR CENTER HEATING CONSTRUCTION 3,200.00 AD FOR ATTORNEY POSITION LEGAL ADVERTISING 3,184.00 '. Project Status Report NC -Non -Construction RK - Rick Koch F=Future WO -Wayne Ogle STIP=State Trans. imp MK- Marilyn Kebschuil w/Ne/F/ City Contact Project Nara States Sir A WO Airport Runway Safety Project complete except for re -painting. Zone/Extension Completion 6/15/09. WCB engineering GAA Lighting/Drainage/Grading and Obstruction. Clearing. A WO AP Apron Rehabilitation Wince-Corthell-Bryson engineering, A WO Courthouse Parking Lot Wince-Corthell-Bryson engineering. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. A WO Library Expansion ECl/Hyer, Inc. working on design. A WO Marathon Rd. impr. Phase 11 - Baron Park & HEA Access Road. HOL engineering. A RK Marathon Road Improvements Final completion by 5/15/09, Winter shutdown. A WO A WO n A S. Ames LID Thompson Park LID WO Vintage Pointe Window Replacement RK Water System Tuesday, December 30, 2008 Wm. J. Nelson is engineering. -118- Project complete except for minor items in spring. Drafting bid documents. HDL drilling and evaluating test well by Spruce and Second Avenue. A/NC/E/ City Contact Projoct Name Status srIr WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. WO Contaminated Soils - Shop Further work in progress Tuesday, December 3o, 2008 Page 2 of 2 -119- OFFICE OF THE COMMISSIONER December 18, 2008 Mr. Rick Koch City Manager of the City of Kenai 210 Fidalgo Kenai, AK 99611 -7794 Dear City Manager Koch: tI YV •L�/6� n... i.. r SARAH PALIN, GOVERNOR P.O. BOX 115526 JUNEAU, AK 99811-5526 PHONE: (907) 465-4100 FAX (907) 465-2332 As you know, the National Marine Fisheries Service (NMFS) recently decided to list beluga whales in Cook Inlet as an endangered species under the federal Endangered Species Act (ESA). The State has expressed its disappointment with this decision and continues to explore legal and other options. in the meantime, we would like to offer State assistance to communities and other stakeholders as they navigate the new administrative and consultative processes this listing requires. The listing triggers several actions the NMFS must undertake. First, under Section 7 of the ESA, federal agencies must work with the NMFS to ensure that activities they authorize, fund, or carry out will not likely jeopardize the continued existence of beluga whales in Cook Inlet or result in adverse modification to any critical habitat. If an action may affect the species or its designated critical habitat, the federal agency must enter into formal consultation with the NMFS. Under Section 9, the ESA also prohibits activities that might harass, harm, pursue, or kill beluga whales or adversely modify their habitat. Overall, this will make it more time consuming and difficult to obtain federal permits in Cook Inlet and adjacent areas. Second, under Section 4 of the ESA, the NMFS must designate critical habitat for beluga whales in Cook Inlet. The Service has a year from its listing decision to designate critical habitat. The designation of critical habitat must consider the biological needs of the species. However, economic and national security impacts must also be considered as part of the designation process. This information will need to be consolidated within the next several months. Finally, the NMFS must develop a recovery plan that identifies recovery objectives and research needs. While not on a mandated timeline, this process is expected to occur over the next year. The NMFS will likely solicit interested and knowledgeable persons to participate on the Recovery Team. The State has an Endangered Species Program housed in the Alaska Department of Fish and Game. This program is available to assist you in navigating the Section 7 consultation process, the critical habitat designation process including the identification of economic and national security issues, and the recovery planning process. Mr. Doug Vincent-Lang(doualas.vincent-lang(a?.alaska.gov; 907-267-2139) is the lead for this group. I urge you to contact him so that interested parties can coordinate efforts and exchange information that may be useful in these processes of mutual concern. Sincerely, Denby S. Lloyd Commissioner sm LISA MURKOWSKI AIASKA COMMITTEES: ENERGY AND NATURAL RESOURCES RANKING MEMBER SUBCOMMITTEE ON ENERGV FOREIGN RELATIONS RANKING MEMBER, SUBCOMMITTEE ON EAST AS. AUG PACIFIC AFFAIRS HEALTH, EDUCATION, LABOR, AND PENSIONS INDIAN AFFAIRS VICE-CHAIRMAN The Honorable Pat Porter Mayor The City of Kenai Alaska 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Dear Pat: 'United Mates ennte WASHINGTON, DC 20510-0203 (202) 224-6666 (202) 224-6301 PAX December 22, 2008 P°.�T,.�4,8• 5tSTREET, �Sul550 ANCHORAGE, AK 99501= 956 (907)271-3736 1 DI 12-H AVBNUE, ROOM 216 FAIRBANKS, AK 99701-6278 (9071456-0233 P,0. Box 21247 JUNEAU, AK 99802 (9071586-7400 110 TRADING BAY ROAD, SUITE 105 KENAI, AK 99611-7716 (907)283-5808 540 WATER STREET, SUIT- 101 KETCHIKAN, AK 99901-6376 (907) 225-WM 851 EAST WEGTPOINT DNIVE, SUITE 307 WASILEA AS 99654-7142 19071376-7665 P.O. Box 1030 311 WILLGW STREET, BUILDING 3 BETHE4 AK 99559-1030 9071543-1639 I received your letter regarding the Kenai office. I know you spoke with my Chief of Staff, Karen Knutson, earlier this month as well. As you know, this office had been shared between the three members of the Delegation. Due to a change in our Delegation, that is unfortunately no longer possible, We are looking at all options to maintain a strong level of service to the Kenai Peninsula and reaffirm our commitment to serving this vital part of our State. My State Director, Kevin Sweeney, will be in Kenai on a regular basis, and I will make sure he touches base with you after the first of the year. Sincerely, ° Lisa Murkowski United States Senator HOME PAGE AND WEB MAIL MURKOWf2jATE.GOV UB buying the creation nfdac KRSMA in 1984, the Slate had or ya received title frrnn Ilse federal mat emmem m lands surrounding Upper muI Lo,raTord takes, Trail Rives and adjacent land, around the upper Kenai River and Kenai Lake. The original Kenai Riser Compechem siyc Minagcn+cni Plan directed the state to designate these lands for the KRSMA once the) became available_ Since dot tihm, these lands have been con, c,cd in the state. The recent plan re -vision re-empha4zes the intent that these imprinter habitat lands and wavers should he included in the honndmics ofihe Special Management Area. t N N Where are these lands? The largest blocksofpmposed lands am it the south aide ofKenai Lake along$nug fiadNr Roadand no to Cooper Lake -and aonndmoct, of l 1pperand Lmver Trail lakes aal Trait Rirerin theNest Pasvarea, Of lay isninnaaver. iM nuncrms rdhuiovstreams ibaining itrtotlq upper Aerial Rislrand Kenai Iaka Theo are mpnrtanl canpibuinrs ro the naurshed's fidmry and sowo,s, un,es. A 200-fird cortidor has been retained along each style ol'nx+st of Ole tnhularies:red is proposed for KRSMA additionlongwith couch aibmarr,. The mineral closing order fur the KRSMA does net include these streams math of Cooper (`seek. Doa, ulter n f nto Skilak lake an, a few hurtled additions proposers, prinawHY hard: acquiieff as habitat and recreation imaisionic, the Pxson Mo&'Oil Spill sttlerne"It fording m isniated It of state land everlooked during die 1984 KRSNIAlernsla ieo �- ra• -(, •' a ar • r s; During public meetings to revise the Kenai Ricer Comprehensive M.rrigenrcw Plan (KRUM P) and subsequent pablit rcYiew of the Kenai Area Plan, cpmntents clearly suggested that the Slate should manage the Kenai River as a. watershed spsiem. The health of the entire Kenai River scsiem, including its many eormnmriliev depends on sustaining adequate water co ald, :red gaan,il). and healthy riparian fish and wildlife habitat thmnghoa d,e water..hed's hasin, The region'=-emoomj depends on the 37 million in direr spending by nun -locals visiting rim Kenai River_ River guides, RV Park owners, motels, R&It and resaummr ofaemtorS. car and M+at renal dealers, and manyother local Kenai Peninsula busior=,es depend upon a la aldo Kenai River for economic ;usmimahility. the Kenai River SPerial Mann mend Area (KRSMA). tinder dinrotto,, ",If the ,Alaska Ixgielamry (AS 41 21.500), is managed as a and of the. Alaska Sinn: Park system by the Division of Parks and Outdoor Recreaurov Depmrmcol of Natural Resources. To pan ide theprolenien and an n rgemem called for in the management plan revision, 7939 acres ofgeneud mate lands. Tt upper Kenai River or Kenai Lake tributaries, and the waters of Upper and Lower Trail Lakes roust be legislatively added to the bound,,, of KRSi4A. Tidy inclodcs almost all the public lands and a-aters that contribre' to snmaioing die Kenai Rtver'rimpudarr fish, wild- life, and recreational resources. The level and consis- renq ofnonanemenr to adequately protect the valu- able resources of these lands and wvers is currcndro nor possible wirhonr KRSXIA de6wradmr. Paisiing park staff assigned to KRSMA,s adequate to cover additional managcnwndrespnr nulirics- Nonew facilhaex are planned fur thepnrposra add ionat ands. LEGEND [andJYM o»raersmp: 'O AiiaN.Nn.aJp.l to Va5ke 51dy Usks (11hF+Nr. fMnM PtilmigM1 Uwcu¢'S 5YIr24v' a 'ya'a`,- ([rlpral [Aaf iarera rteR:g[. nS:rlrvncssl Rha•r fmpm[C AJ011lonv' In KRSR4: SIOm '$- AamraaeS emrJrol msV�a9rp flap t<almas —�_—nLtill Naaz KenaiLake Department use only 2009 Alaska Gaming Permit ica io' UandatinnN A 2008 82E g )rganization Wormat(on Date stamp �_ €ederobHN IFrenewing,entergamingpermit8 -a/ ? � l 3 Pbone number qa7 ��3 - � Fax umGer..�,..,....._.,.....„„, �7'�. - Organization name Wthsite address r{� s as °'7� 1��l [44 r, ° 4i WY 1LI�7 y, 097 -' � Malttngaddress City - Start Z!44 / Entity (check one) Organization type (check one) for definitions, see AS 05.15.690 and 15 AAC 16U95 X Corporation ❑ Charitable O Fraternal O Poln e or fire department ❑Partnership IfGvic or service ❑Labor ❑Foiltkal ❑ Association ❑ Dog mu5ners'assodation ❑ Municipality ❑freligious ❑Educational O Nomprontmadeassochtion Oveorans ❑ Fishing derby association ❑ Outboard morar association 01RA/folWovhlae ❑Yes❑No Does meorgaoizatien have 25 mmore members who are Alaska residents as defined yourarticles of incorporation, or bylaws? Members in Charae of Games Members in charge must be natural persons and active members of the mgamization, or employees of the municipality, and designated by the organization. Members in charge may not be licensed as an operator, be a registered vendor or an employee of vendor for this organization. if more than one alternate, attach a separate sheet Primary member First name MI �69� P Primary member last name W6�� Email Mobile number DaytMephone number g67-.Re3 - 39f9 i HOme I ng address ,.....�` State IZip +4 I 4q,/ _AK Hastheprmarymembe=passedt7e test? Yes ONO Permit# under us wastaken- Alternate member first name MI Alter nate member last name --' N%,Pph 7" cVi5. L5CsA4 Social Da tlmenhone number 1'OF Mobile number 7a era Home mating address Cty�"'� 9i'! State Zip4i LG/ AK / Has the altematemember passed the test? Kies ONO Permit Sunder which testwasraken 1 Legal Questions These questions must be answered. If you answer Yes to either question, see instructions OYes ONO Does any member ofmanagememorany Person, who isresponsible for gaming Oyes ONo Has any member of management or any person who is responsible for gaming activitieshaveaprehibfteticanfiidefirterestasdefinedby?SAP,C?6J.454? activities ever been convidedofafeiony,extortion, oraiiatatiotofalawor ordinance of this state, or anotherjunstliction, that is a crime involving frail: or dishonesty, Ora violation of gambling laws? We declare, uaderpenalyofumwom fvls fir a xin that wehaveexamined rhlsappllcarion, including any artachmems, and Marto the best ofoorknowledgeand bellefitis true and complete We undersmnd rharany false sememenrmadean the application oronyamorrhmenmis punishable bylaw, iycursigaatunxs below, we theprimary member thealtemoosmember, condor appYkable the managerafgames, ogreetoallow the Department o(Revenue m rwiewany aiminal history we may hmat in accordance with 154AC 1609.14 Primary ber in Charges si U l � Frintetl name 71 9� � {q/fl"L.,2�. - Date lR/,3o Presl n other rssignaNn {see lnsttutf nsl s �� Printed me -th/c, � NEWS Date «3a Alternate Member in Changess signature Printed name Date Manager of Games signature Printed Dame Date Mail to Alaska Department of Revenue -Tax Division One copy of the application must be sent to the PO Box 110420 - I does u, AK 99811 -0420 nearest municipality or borough. See instructions for Phone (907)465-2320 = Fax (907)465-3098 mandatory attachments. www tax.olosko.go✓/gaming Pay online with TOPS at www.tax.olo5ko.gov or make check payable to State of Alaska, New applicants must pay by check. 826 Retain acop)dfjrf eecords Permit Fee The permit fee is based on 2008estimated gross receipts. Chedt the appropriate box. O Newspplicant $20 ❑ $0-$20,000 520 X $20,001- $100,000 $50 O $100,001ormore 5100 Farm 0405-826.1 web Rev 10108 for 2009 • page 1 SPECIAL DRAWING RAFFLE: .1`. BALLOON (CANDY ! BAR) SALE PRIZE RAFFLE KMMJMEF�-61 It inflated balloons at a single, fixed unit price. It is possible that candy bars will be substituted for the balloons. Each balloon r i.r) will have a number associated with ft. numbera number matching one of the balloons (candy bars). When the balloons (candy bars) are sold, each purchaser will determine the s -• with their•. • i r d claim the corresponding prize. -125- FRMENDS OF T HE,' KA- I � 01"MUN TY LIBRARY 163 IWAINSTREETLOOP KENAI, A 996 1 December 30, 2008 1 RECE7VED DEC 2 i 2QQ8 Alaska Department of Revenue — Tax Division P.Q. Box 110420 LAl M CLERK Juneau, AK 99811-0420 "---- _--. To Whom it May Concern. The following enclosed material is to seek renewal of gaming permit #1833. This letter has the following attachments. a completed 2009 Alaska Gaming Permit Application a check in the amount of $50.00 We are submitting copies of this application to both the City of Kenai and the Kenai Peninsula Borough. Sincerely, Ti Thomas P. Walker Member in Charge -126- Kenai Peninsula Borough 6, 2009 - 7:00 Alaska Milli Martin issembly President ;eat 9 - South Peninsula berm Expires 2009 A. CALL TO ORDER 'ete Sprague lsse»zbly Vice President B. PLEDGE OF ALLEGIANCE " ,eat 4 - Soldoina Perm Expires 2010 C. INVOCATION assembly Member tssembly Me D. ROLL CALL Teat 7 - Central ^erm Expires 2010 E. COMMITTEE REPORTS iary Knapp assembly Member F. APPROVAL OF AGENDA AND CONSENT AGENDA teat 1 - Kaliifornsky (All items listed with an asterisk (*) are considered to be routine and non -controversial by the erm Empires 2009 Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the for '?ng Consent Agenda and considered in its normal sequence on the agenda) (al..,......ly Member - 'e:East Peninsula G. APPROVAL OF MINUTES "ermExpires 2009 :harlie Pierce * 1. December 2, 2008 Regular Assembly Meeting Minutes ........ 1 tssembly Member 'eat rm Erertis 2011nyRirer erm Empires 201! H. COMMENDING RESOLUTIONS AND PROCLAMATIONS lal Smalley I. PRESENTATIONS WITH PRIOR NOTICE (2o minutes total) tssembly Member 'eat 2 - Kenai erm Expires 2011 1. Lew Dennis of Chevron, "Pipeline Presentation" (So Minutes) 411 Smith J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE !ssembly Member 'eat 8 -Homer AGENDA (3 minutes per speaker; 20 minutes aggregate) 'spin Expires 2011 K. REPORTS OF COMMISSIONS AND COUNCILS iary Superman tssembly Member 'eat 3 - Nikiski "arm Expires 2010 January 6, 2009 Pape i of 6 -127- L. January 6, 2009 MAYOR'S REPORT...................................................13 1.: Agreements and Contracts a. Memo to support sole source contract with National Fire Protection Association................................................15 b. Request for waiver of formal bidding procedures for Cisco IP Telephone Equipment .... :....... :.......................... 16 c. Sole Source Request - CES Emergency Lighting ................... 17 d. Request to waive formal bidding procedure - tanker equipment for CES.....................................................18 e. Anchor Point EMS authorization to purchase demo or late model tanker................................... ...............19 f. Sole Source approval request-UAA Engineering Department ........ 20 g. Authorization to award contract for Central Peninsula Landfill Recycle Hauling ...... . . ..... . .............................. 21 h. Authorization to award contract for 2,000 gpm triple combination pumper for Nikiski Fire Service Area .. . ........................ 22 i. Authorization to award contract for limited liability reports .......... 23 j. Authorization award of contract for solid waste & recycling container hauling, Area 2..................................... . ..... . . 24 k. Authorization award of contract for solid, waste R recycling container hauling, Ana 1.............................................25 1. Contract extension for Corea Bend Enterprises / snow removal and sanding...... :................. ......... .................. 26 in. Contract extension for Chugach Snowplowing and Sanding Enterprises / snow removal and sanding ... . ..................... 28 n. Extension for Central Peninsula Community Wildfire Protection Plan .........................................................30 o. Approval of contract CAT D9 with North Star Paving ....... ...... 32 p. Approval of contract for training course with Clerkworks Alaska ..... 33 Page 2 of 6 -128- q. Approval of contract with Paul's Services for Oil", It 43 ROW project... ............................................... .34 r. Approval of contract with Frigid North Services for snow plowing andsanding...............................................35 S. Approval of contract with Whitford Surveying for land surveying Sand Hill Subdivision ....................................... 36 t. Approval of contract with Fire Control Systems to replace digital voice command circuit at Nikisl i Pool .............. :.......... .. 37 U. Approval of contract withNorthern Superior Construction for Nikiski Beach Access ROW project........... 38 V. Approval of contract with AMC Engineers for professional design services.................................................39 W. Approval of contract with Mullikin Surveys for land surveying and platting services............................................40 X. Approval of contract with Floor -Ever, Inc, for restroom floor replacement at Kenai Middle School .. . ......................... 41 Y. Approval of contract with D&L Construction Company Inc. for CPL recycle hauling ............................................. 42 2. Other a. Revenue Expenditure Report - November 2008 ................... 43 b. Litigation Status Report ............................. 53 C. Mayor's Narrative Reports ................................... 56 d. Federal Stimulus Package List ......................... . ....... 61 M. ITEMS NOT COMPLETED FROM PRICER AGENDA - None N. PUBLIC BEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2008-19-36. Appropriating $80,392 to the Special Assessment Fund for the Cardwell Subdivision Natural Gas Line Utility Special Assessment District (Mayor) (Referred to Finance Committee) ............. 62 January 6, 2009 Page 3 of 6 -129- 2. Ordinance 2008-19-38: Accepting $653,193 from the Alaska Housing Finance Corporation for Teacher Housing in Tyonek and Appropriating the Grant and Matching Funds in the Amount of $300,000 to a Capital Project Account (Mayor) (Referred to Finance Committee) ............... . ...... 65 3, Ordinance 2008-34: Authorizing the Repeal of an Educational Use Deed Restriction with Reversionary Rights on a Parcel of Land in the City of Seward that was Deeded to the State of Alaska by the Kenai Peninsula Borough (Mayor) (Referred to Lands Committee) .... . .................. 72 4. Ordinance 2008-35: Amending KPB Chapter 14.31, Special Assessments - Road Improvements; (Mayor) (Referred to Policies and Procedures Committee) . ......_.........................................84 O. UNFINISHED BUSINESS - None P., NEW BUSINESS January 6, 2009 1. Bid Awards *a. Resolution 2009-003: Authorizing Award of a Contract for the Central Peninsula Hospital 2008 Imaging Project (Mayor) (Referred to Finance Committee)......................................103 2. Resolutions *a. Resolution 2009-001: Confirming the Appointments of Assembly Members to Non -borough Committees and Boards (Martin) (Referred to Policies and Procedures Commii ee) ............... 101 *b. Resolution 2009-002: Deleting the Economic Analyst and the Grants Manager and Adding a Community and Fiscal Projects Manager in the Mayor's Department (Mayor) (Referred to Policies and Procedures Committee).....................................109 *c. Resolution 2009-004: Authorizing Community Revenue Sharing Program. Expenditures for Fox River, Lowell Point and Port Graham (Mayor) (Referred to Finance Committee) ...................... 113 3. Ordinances *a. Ordinance 2008-19-39: Authorizing the Acquisition of Lot 12, K-B Subdivision Part 4, KRD 85-34, for Expansion of the Poppy Lane Borough Maintenance Yard and Appropriating Funds for the Acquisition (Mayor) (Hearing on 02/03/09) (Referred to Finance Committee)..............................................118 Page 4 of 6 -130- January 6, 2009 *b. Ordinance 2008-19-40: Appropriating $642,564 from the Central Kenai Peninsula Hospital Service Area for Replacement of the River Pavilion Heating and Hot Water System at Central Peninsula Hospital (Mayor) (Shortened Hearing on 01/20/09) (Referred to Finance Committee) ...... .... ..........................127 *e. Ordinance 2009-01: Amending KPB 5.12.050 and 5.12.055 Regarding Board of Equalization Procedures and Eliminating the Sunset Date of the AppointedBoard Board of Equalization (Mayor) (Hearing on 02/03/09) (Referred, to PoIicies and Procedures Committee)' ........ ....... ............ ........143 *d. Ordinance,2009-02: Authorizing aFive-Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and PacRim Coal; LP (Mayor) (Hearing on 02/03/09) (Referred to Lands Committee)..............................I...............148 *e. Ordinance 2009-03: Amending KPB Chapter 5.35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knopp) (Hearing on 02/03/09) (Referred to Policies and Procedures Committee)..............................................156 4. Other a. Mayor's Veto of the Postponement of Resolution 2008-089: Establishing Necessity for the South Kalifornsky Beach Road Utility Special Assessment District (USAD) for the Construction of a. Natural Gras Main Line (Mayor) (Postponed Until 03/03/09) (Referred to Policies and Procedures Committee) ......................... 161 *b. Petition to Vacate a Portion of Tina Drive; a 60-foot right-of-way dedicated within the unsubdivided remainder of Youngsto Am Subdivision (KN1745); within Section 12, Township 2 North, Range 12 West; Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB 2008-255 (Referred to Lands Committee) .......... 169 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled December 15, 2008 meeting.] -131- Page 5 of 6 Q. R. S. T. L�! V *e. Confirming an Appointment to an Advisory Planning Commission (Mayor) (Referred to Policies and Procedures) ................... 188 Moose Pass Advisory Planning Commission Bernard "Ben"' Ikerd Seat B Term Expires: 09/30/11 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. January 20, 2009 Regular Assembly Meeting 7:00 PM Soldoma ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Resolution 2008-089: Establishing Necessity for the South Kalifornsky Beach Road Utility Special Assessment District (USAD) for the Construction of a Natural Gas Main Line (Mayor) (Hearing on 03/03/09) (Referred to Lands Committee) 2. Ordinance 2008-19-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase of a New Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 3. Ordinance2008-lei-3 : Appropriating $2i9,500.28 to the Special Assessment Fund for the South Kalifomsky Beach'Road Natural Gas Line Utility Special Assessment District (Mayor) (Bearing on 03/03/09) (Referred to Finance Committee) The next meeting of the Kenai Peninsula Borough Assembly will be held on January 20, 2009, at 7:00 P.M. in the Borough Assembly Chambers, Soldoma, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), IK6B1-AM 890 (South Peninsula), K201,40-PM 88.1(East Peninsula), Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160, Visit our website at www.borough.kenai.akus for copies of the agenda, meeting summaries, ordinances and resolutions. January 6, 2009 -132- Page 6 of 6 CITY OF KENAI NOTICE OF PUBLIC HEARING 3ANUARY 7, 2009 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of January 7, 2009. 1. Ordinance 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. 2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance. 3. 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. 4. 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). 5. 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 Fund for Replacement of the Center's Heating System. 6. 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. 7. 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. S. Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. 9. 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, 10. 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. 11. Resolution No. 2009-01 -- Authorizing a Budget Transfer of $30,000 From the General Fund Non -Departmental General Contingency to the General Fund City Manager Professional Services for Lobbyist Services in Securing Federal Funding for the City's Kenai River Bluff Erosion Project. 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 are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. Carol L. Frea�nai City Clerk Posted: January 2, 2009 MAKE 26 PACKETS La ET O' COUNCIL MEETING DATE: / Mayor/Council Attorney Clerk _ / Ci Mana er Police be artment Finance Senior Center Air ort Librar / Parks & Recreation Fire De artment Schmidt Student Rep. AGENDA DISTRIBUIZON or/Spri Kebschul I/Carver Kim_ Clarion Mellish KSPM Sewer Treatment Plnni Streets Shop Dock Building Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda farm for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTMI- file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend.