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HomeMy WebLinkAbout2009-12-02 Council PacketMAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: 2— 0 9 Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department bC A Attorney City Manager Finance Airport Parks Recreation Student Rep. Hall Binder K K Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt Lgflt- 4 c be- AGENDA DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, 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 form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @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 HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. TESTIMONY SIGN -IN SHEET K PG Gitki a,1/6 /5/1/14 241/49 {NJ5 4 4-7-7-Epo k i l La ro, F Yom! NI E ukr f Va Migio H I e, S (kdIC{ "JZ1 Z (a (ti nyge LoJaj A 1 1 s 3 IN JOHNSON PORTER SMALLEY [MOORE ELDRIDGE N, MARQUIS MOLLOY/ BOYLE l a. ME EMI EMI III II pr w -J 0) w 0 0 0) 0 cc Q 0 J 0 w J 0 CO 0 d w J J Q w 0 0 5 0 0 -J J 0 w J 0 CO 2 0w Z 0 w -J J Q w 0 0 w 0 0 J w a 0 -J J 0 w -J 0 CO 2 w 0 0 w F- 0 a w J CO 5 a r 0 J 0 w -J 0 CO z 0 Z Z C 2 Ex w 0 a w 0 0 0 cc 0 0 2 w -J 0 COUNCIL MEETING 0 ELDRIDGE ELDRIDGE ELDRIDGE ELDRIDGE ADD TO: Item D -4, Resolution No. 2009 -67, M. Bondurant memorandum Recommending Tyler Distributing Company, Inc. bid. CITY CLERK No changes. DECEMBER 2, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET CONSENT AGENDA REQUESTED BY: ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenatak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brian Meissner, ECI /Hyer Architects Library Expansion 2. John Bost, Mikunda, Cottrell and Company Comprehensive Annual Financial Report 3. Sal Mattero, Friends of the Kenai Community Library Check Presentation for the Building Expansion Fund 4. Natasha Ala Laura Forbes, Kenai Convention Visitor Center Performance Management Survey /Association of State Local Histories 14 ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime 45 2. Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly 47 3. Ordinance No. 2458-2009 Increasing Estimated Revenues and Appropriations by 5825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council 50 4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility 52 5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact 53 6. Resolution No. 2009 -69 Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In- Library Laptop Loans 99 7. *APPROVAL OF LIQUOR LICENSE RENEWALS Uptown Motel /Back Door Lounge #2237 (Beverage Dispensary Tourism/ Duplicate) Uptown Motel /Louie's #1859 (Beverage Dispensary Tourism) 102 ITEM E: MINUTES 1. *Regular Meeting of November 24, 2009 105 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 117 2. Approval of Purchase Orders Exceeding $15,000 118 3. *Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc 119 4. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals 5. Approval Utility Easement to Homer Electric Association, Inc. Fiber -Optic Cable Placement /Ten Foot Wide Strip of Land Situated Within Tract A -1 -B, Baron Park Subdivision Fire Addition 134 6. Discussion Schedule Board of Adjustment Hearing 139 ITEM H: COMMISSION /COMMITTEE 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 124 ITEM L: a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: ADJOURNMENT 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. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled. INFORMATION ITEMS DECEMBER 2, 2009 Page No. 12/2/2009 Purchase Orders Between $2,500 and $15,000 for council review 143 2. 2010 Alaska Gaming Permit Application Kenai Senior Connection Pickle Hill Public Broadcasting 144 3. 2010 Alaska Pull -Tab Vendor Registration Pickle Hill Public Broadcasting /Four Royale Parkers Pickle Hill Public Broadcasting /The Bow (Rainbow Bar) 148 4. December 1, 2009 Kenai Peninsula Borough Assembly Meeting Agenda 150 CITY OF KENAI, ALASKA Federal and State Single Audit Reports Year Ended June 30, 2009 Mikunda, Cottrell Co., lnc, Certified Public Accountants Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor and Members of the City Council City of Kenai, Alaska We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Kenai as of and for the year ended June 30, 2009, which collectively comprise the City of Kenai's basic financial statements and have issued our report thereon dated October 30, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting RSM McGiadreyNetwork An indeperdentlyOwned Member Offices in Anchorage Kona( In planning and performing our audit, we considered City of Kenai's internal control over fmancial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Kenai's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of Kenai's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. 1 3601 "C" Street, Suite 600 Anchorage, Alaska 99503 (907) 278 -8878 Fax (907) 278 -5779 www.mcc- cpa.com -2- Honorable Mayor and Members of the City Council City of Kenai, Alaska Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Kenai's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the City of Kenai's management, Honorable Mayor and City Council, others within the entity, federal and state awarding agencies, and, if applicable, pass through entities, and is not intended to be and should not be used by anyone other than these specified parties. Anchorage, Alaska October 30, 2009 2 Compliance Mikunda, Cottrell Co., Inc. Certified Public Accountants 8 Consultants Honorable Mayor and Members of the City Council City of Kenai, Alaska RSM McGladreyNetwork Indeperdently o-.med Member Offices in Anchorage Kenai Independent Auditor's Report on Compliance With Requirements Applicable to Each Major Program and on Intemai Control Over Compliance in Accordance with OMB Circular A -133 We have audited the compliance of City of Kenai, Alaska with the types of compliance requirements described in the OMB Circular A -133 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 2009. City of Kenai's major federal programs are identified in the summary of auditor's results section of the accompanying Schedule of Findings and. Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of City of Kenai's management. Our responsibility is to express an opinion on City of Kenai's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A -133, Audits of Sitates, l G Locar Governments, and Non- r "rojti Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City of Kenai's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of City of Kenai's compliance with those requirements. In our opinion, City of Kenai complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2009. 3 3601 "C" Street, Suite 600 Anchorage, Alaska 99503 (907) 278 -8878 Fax (907) 278 -5779 a www.mcc-cpa.com Honorable Mayor and Members of the City Council City of Kenai, Alaska Internal Control Over Compliance The management of City of Kenai is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs In planning and performing our audit, we considered City of Kenai's internal control over compliance with the requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of City of Kenai's internal control over compliance. A control deficiency in an entity's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a federal program on a timely basis, A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer a federal program such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of a federal program that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a federal program will not be prevented or detected by the entity's internal control. consideration of i n t erna l compliance for _i. Our CGnSiucaa Ga internal control over compliance 'w was lVl the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. .We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. Schedule of Expenditures of Federal Awards We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Kenai as of and for the year ended June 30, 2009, and have issued our report thereon dated October 30, 2009, Our audit was performed for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by OMB Circular A -133 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. 4 Honorable Mayor and Members of the City Council City of Kenai, Alaska This report is intended solely for the information and use of the City of Kenai's management, Honorable Mayor and City Council, others within the entity, federal awarding agencies, and pass through entities, and is not intended to be and should not be used by anyone other than these specified parties. 722.<,.& 2o2r-1,e€ 4' 6. Anchorage, Alaska October 30, 2009 5 Federal Grant Title DEPARTMENT OF HOMELAND SECURITY Passed through the State of Alaska Depanment of Military and Veteran Affairs: Law Enforcement Terrorism Prevention Program Emergency Operations Center Homeland Security Program Total Department of Homeland Security DEPARTMENT OF THE INTERIOR Tidal. Marsh Rehabilitation Dock Improvements Kenai Dunes Restoration Total Department of the Interior DEPARTMENT OF LABOR Passed through the State of Alaska Department of Labor MASST-Mature Alaskans Seeking Skills Training DEPARTMENT OF TRANSPORTATION Airport Improvement Runway Safety Area Phase 2 Airport Improvement Runway Safety Area Phase 3 ConswctUrea Storage Hailding Acquire Snow Removal Equipment Acquire Aircraft Rescue Fire Fighting Vehicle Rehabilitate Apron, Phase 1 ARRA Rehabilitate Apron (Recovery Act) CITY OFKENAI, ALASKA Schedule of Expenditures of Federal Awards Year Ended June 30, 2009 DEPARTMENT OF HEALTH AND HUMAN SERVICES Passed through the State of Alaska Department of Health and Social Services: Nutrition, Transportation, and Support Nutrition, Transportation, and Support Nutrition, Transportation, and Support Passed through the State of Alaska Department of Adminisirati NSW-Kenai Senior Services Total Department of Health and Human Services DEPARTMENT OF JUSTICE Passed through the State of Alaska Department of Public Safe Bulletproof Vest Partnership Gr Nurnber 607 -09 -108 607 -09 -108 607 -09 -108 607 -09 -PA -108 07LETPP- GR34238 2007 -GE -T7 -0003 2006 -GE -T6 -0015 701818J734 701818J731 7018183735 2009 -420 17,235 24,631 13,086 3 -02- 0142- 035 -2006 3 -02 -0142- 037 -2007 3- 02- 01.42 038 -2008 3 -02- 0142- 039 -2009 3 -02 -0142- 040 -2009 3 -02 -0142- 041 -2009 3 -02- 0142 -043 -2009 Catalog of Federal Domestic stance Number 93.043 5,625 5,625 93.044 29,949 29,949 93.045 67,500 67,500 93.053 15,030 15,030 97.074 97.073 97.073 15.631 15.631 15,631 16.607 20.106 20.106 20.106 20.106 20.106 20.106 20.106 Total Grant Award 58,640 234,094 4,000 25,000 25,000 25,000 4,132 Federal Share of Expend- itures 118,104 29,290 116,218 4,000 149,508 940 24,500 19,000 44,440 880 8,432,329 73,777 3,541,997 994,442 488,769 390,865 52,840 51,841 872,954 21 721,837 192,341 2,888,253 217,325 Federal Grant Title DEPARTMENT OF TRANSPORTATION, continued Passed through the State of Alaska Department of Transportation and Public Facilities: AK Highway Safety Grant Training AK Highway Safety Grant Seat Belt AK Highway Safety Grant DUI AK Highway Safety Grant Staying on the Road AK Highway Law Enforcement Liaison AK Highway Safety Grant Datamaster Training Total Department of Transportation INSTITUTE OF MUSEUM AND LIBRARY SERVICES Passed through the State of Alaska Department of Education and Early Development: Continuing Education Improving Service to Russian and Spanish CITY OF KENAI, ALASKA Schedule of Expenditures of Federal Awards, continu Grant Number Dare Program 402PT 09 -06 -03 154AL 09 -01 -01 154AL 08 -00 -13 Catalog of Federal Domestic Assistance Number Total Grant Award Federal Share of Expend- itures 20.600 2,000 2,000 20.600 10,310 10,310 20.600 4,022 4,022 20.600 41,604 14,651 20.600 2,077 2,077 20.600 1,092 1,092 1,954,764 LS- 00 -08- 0002 -08. 45.310 1,000 1,000 Speaking Residents ILC -09- 747 -126 45.310 4,796 4,796 Total Institute of' Museum and Library Services 5.796 Department of Agriculture Kenai Dunes Restoration WHIP- 72015008024 10.914 73,030 20,764 Total Federal Financial Assistance 2,307,342 Note 1: Basis of Presentation The Schedule of Expenditures of Federal Awards includes the Federal grant activity of the City of Kenai, Alaska and is presented on the modified accrual basis of accounting. The information in the schedule is presented in accordance with the requirements of OMB Circular A 133, Audits of States, Local Governments, and Nonprofit Organizations. Mik rrtt 1e u.n 1 d 11 a 44 Cottrell 11.11 Co., Inc. Certified Public Accountants &Consultants Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with the State of Alaska Audit Guide and Compliance Supplement for State Single Audits Honorable Mayor and Members of the City Council City of Kenai, Alaska Compliance RSM McGladrey Network An Independently Qxnetl Member Offices in Anchorage Kenai We have audited the compliance of City of Kenai, Alaska with the types of compliance requirements described in the State of Alaska Audit Guide and Compliance Supplement for State Single Audits that are applicable to each of its major state programs for the year ended June 30, 2009. City of Kenai's major state programs are identified in the accompanying Schedule of State Financial Assistance. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major state programs is the responsibility of City of Kenai's management. Our responsibility is to express an opinion on City of Kenai's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits, Those standards and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major state program occurred. An audit includes examining, on a test basis, evidence about City of Kenai's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of City of Kenai's compliance with those requirements. hi our opinion, City of Kenai complied, in all material respects, with the requirements referred to above that are applicable to each of its major state programs for the year ended June 30, 2009. 8 3601 "C" Street, Suite 600 Anchorage, Alaska 99503 (907) 278 -8878 Fax (907) 278 -5779 www.mcc- cpa.com -9- Honorable Mayor and Members of the City Council City of Kenai, Alaska Internal Control Over Compliance The management of City of Kenai is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to state programs. In planning and performing our audit, we considered City of Kenai's internal control over compliance with the requirements that could have a direct and material effect on a major state program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of City of Kenai's internal control over compliance. A control deficiency in an entity's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a state program on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer a state program such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of a state program that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a state program will not be prevented or detected by the entity's internal control. Our consideration of internal control over compliance was for the limited purpose described in L first of this section d 1 not necessarily ident F nern the arst paragraph o, t„t; sec.,..,, and would n.. i y all deficiencies ....t....... control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. Schedule of State Financial Assistance We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Kenai as of and for the year ended June 30, 2009, and have issued our report thereon dated October 30, 2009. Our audit was performed for the purpose of forming opinions on the financial statements that collectively comprise City of Kenai's basic financial statements. The accompanying Schedule of State Financial Assistance is presented for purposes of additional analysis as required by the State of Alaska Audit Guide and Compliance Supplement for State Single Audits and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. 9 -10- Honorable Mayor and Members of the City Council City of Kenai, Alaska This report is intended solely for the information and use of the City of Kenai's management, Honorable Mayor and City Council, and the State of Alaska, and is not intended to be and should not be used by anyone other than these specified parties. Anchorage, Alaska October 30, 2009 State Grant Title DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT Street Improvement Program Shop Site Remediation Project *Kenai Public Improvements "Kenai Road and Sewer Improvements *Public Road, Water and Sewer Improvements *Marathon Drive Reconstruction *Municipal Roadway Paving Wildwoud Drive Reconstruction and Marathon Road Imp. *Public Safety Garage Boat Launch Parking Area Paving Shared Fisheries Easiness 'Tax *Public Improvements Kenai Soccer Park Maintenance Building Water Quality and Quantity Development *Revenue Sharing Passed through Kenai Peninsula Borough Revenue Sharing Kalifornsky Total Department of Commerce, Community and Economic Development DEPARTMENT OF ADMINISTRATION •State PERS Relief DEPARTMENT OF ENVIRONMENTAL CONSERVATION Wellhouse 4 DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT Public Library Assistance DEPARTMENT OF HEALTH AND SOCIAL SERVICES Nutrition, Transportation, and Support Equipment and Deferred Maintenance Total Department of Health and Social Services DEPARTMENT OF TRANA?ORTa AND PUBLIC FACILITIES Acquire Snow Removal Equipment Rehabilitate Apron Runway Safety Area Phase 3 Runway Safety Area Phase 2 Urea Storage Building Total Department of Transportation and Public Facilities DEPARTMENT OF REVENUE Liquor Licenses Electric and Telephone Shared Revenues •Raw Fish Tax Aviation Fuel Tax Total Department of Revenue Total State Financial Assistance CITY OF KENAI, ALASKA Schedule of State Financial Assistance Year Ended June 30, 2009 11 -12- Grant Number 03 -MG -026 05 -RR -005 06-DC -127 06-DC -128 07 -DC -231 08 -RR -025 08 -RR -024 08 -RR -026 08 -DC -299 08 -DC -062 09 -DC -214 09 -DC -213 98/587 -4-001 49547 1,697,000 29,224 PLA -09- 747 -37 6,350 6.350 607 -09 -108 65C- 06 51958 51958 50947 53305 51758 Total Grant Award 142,569 151,314 290,000 790,000 322,000 1,150,139 888,562 592,541 150,000 70,000 4,419 1,000,000 25,000 147,180 455,457 State Share of Expenditures. 16,566 15,675 89,048 120,235 102,668 943,544 835,307 633 135,276 4,216 4,419 87,198 24,225 29,310 455,457 6,534 6,534 2,870,311 783,292 783,292 34,358 3 4,358 24,292 6 710 41,068 1,390 18,996 93,210 221,903 12,863 17,700 31,038 143,247 22,241 1,364 5,062 26,170 2,002 10.286 44,884 17,700 31,038 143,247 22,241 214.226 3 ,989,355 Major program Note 1: Basis of Presentation The Schedule of State Financial Assistance includes the State grant activity of the City of Kenai, Alaska and is presented on the modified accrual basis of accounting. The information in the schedule is presented in accordance with the requirements of the State of Alaska Audit Guide and Compliance Supplement for State Single Audits, CITY OF KENAI, ALASKA Corrective Action Plan Year Ended June 30, 2009 There are no current year findings; therefore, no corrective action p 14 -13- is required. Alaska Group Project 2007 -2008 Important Note: The findings and questionnaire within this report are limited to internal use by the Client. Neither the Client nor any other institution, corporation, or individual may use any part of its visitor questionnaire, including individual questions, for future visitor surveys or any other project nor may the Client release any part of its questionnaire publicly through any medium including news releases, web pages, or publications without prior express written consent from AASLH and the Center for Nonprofit Management. C F t center for no nprofit ma na3errzent AASLH CNM 2008 1 -14- The Program Outline Objectives Collect perception and performance feedback from visitors Maintain respondent confidentiality Identify strengths and areas for improvement consideration Compare the individual museum to the average of all participating museums Measure perception and performance over time Specific Concerns Measure tangible attributes (e.g. ease of getting around, staff Measure intangible attributes (e.g. opportunity to connect with others, trustworthiness) Demographic Information Visiting information (e.g. season, first vs. repeat visit) Respondent information (e.g. gender, age) Perception and Performance (Means and Frequencies) Measure performance from the viewpoint of visitors Means (average ratings) Frequencies (percentages "top" vs, percentage "negative Identify strengths Identify areas for consideration for improvement Benchmark comparisons with other museums Trending from year to year Identification of areas warranting attention and/or consideration for improvement Relatively low average ratings or relatively high percentage of "negative" visitors Items positioned in the "opportunity" sections on the quadrant map Items identified as key drivers Root Cause Analysis and Continuous Improvement Staff involvement Deciding which attributes to consider for improvement Conduct further investigation (root cause analysis). Bear in mind, sometimes the issue is one of lack of awareness and perception, hence a communication issue rather than an execution issue. Recommendation: repeat survey in accordance with timing of strategic planning to monitor performance and measure change AASLH CNM 2008 2 -15- 2008 AASLH CNM -16- Executive Overview Strengths For the most part, the Kenai Cultural Center (KCC) performed fairly well among its visitors. Of the 33 attributes /attitudes tested, 17 received "top" ratings (those which round to a "9" or a "10 Only 2, those relating to media, received a "neutral" rating (those which round to a "4" to "6 The other 14 items received "good" ratings (those which round to a "7" or an "8 (See page 5.) vs. Other museum groups For the most part the Center performed at parity when compared to the group of participating Alaska museums as a whole. It outperformed the group in 8 areas (including intention to return) but it fell short of the Alaska group in 3 other areas (see pages 7 8). When comparing the Kenai Cultural Center to the group of all participating museums as a whole, it outperformed that group in 9 of the 27 areas common to all and was outperformed by the group in 3 others. Similar patterns, to varying degrees, occurred when comparing KCC to its benchmarking groups: history and art museums, museums with similar -sized budgets, private nonprofit museums, and museums not accredited by AAM (see pages 9 -16).' Consider improving` Although ratings for KCC are fairly good, there are some areas to consider for improvement. These include those areas receiving "low" ratings from at least 10% of visitors some of which are those mentioned above as receiving "neutral" mean ratings. There was only one other area. (Only) 10% reported preferring other area cultural attractions to the Kenai Center (see pages 24 26). Other opportunities for improvement may be found on the quadrant map (see page 30). Although only -2 -of the measures fell into the first opportunity quadrant, 14 others (some of which are attitudinal in nature) fell into the next opportunity quadrant. Of course any areas in which ratings fell short of those of the aggregate /s should be considered for possible improvement as well. Note: It is important to note that as these areas are addressed, it is frequently not the "issue" itself that needs fixing, but rather improved communication regarding the Issue," Key Drivers Executive Overview Because of Alaska's unique seasonal situation, separate key driver analyses were performed: one for those living within Alaska and one for out -of -state visitors. In KCC's case, 5 key drivers for Alaska residents and 4 key drivers for out -of -state visitors emerged. Only "makes a difference in the community" showed up on both lists. These 8 areas are critical those with high ratings should be protected and communicated to the public and funders; those with relatively low ratings become even more important to address (see page 28). Categorical Information Most respondents visited during the week, had visited KCC before (65% vs. the average of the Alaska group of 47 were female, and /or at least 55 years of age. About'/ had a child with them (vs. the average of the AK museum group of 21 and 37% for all participating museums). Few of those from out -of -state were on a cruise and about 1 /2 were visiting Alaska for the first time. Visitors reported having visited an average of 7.6 museums over the past 2 years (vs. the average of the AK museum group of 6.3). Most came to see the exhibit galleries (38% primarily to see the exhibits and another 37% came for the exhibits and to get information equally). Not surprisingly, there were some differences by season. And not surprisingly there were some demographic differences by survey period as well (see pages 32 39). Differences** in respondent ratings There were some differences by season /survey period and between those who live in AK vs. out -of- state visitors (see pages 20 23). There were a few other differences across other groups as well. First -time visitors gave higher ratings than repeat visitors in several areas. This is unusual (see pages 41 44). Other Special Concerns For the most part, people liked the type and mix of exhibits...91 in fact, Most were also pleased to learn that articles for sale were made by Alaskan artists (83% to varying degrees). There is some room for improvement in the selection and price of the merchandise however...35% were very pleased, 45% somewhat pleased, while the remaining gave the merchandise a "neutral" rating (see page 23). *Note: Sometimes it's the differences between types of respondents that are revealing but many times the fact that there are no /few differences is even more interesting. -17- q3:not disappointed* 9.4 Top -rated Items g25a:well -kept 9.3 g11:feel welcome 9.2 g6:recommend 9.2 g8:value 9.2 g19:staff/volunteers 9.1 q5:return 9.1 g1:overall 9.0 q25b:exhibits 9,0 q18:makes a difference 8.9 g2:impact 8.8 g26b:pleased with information 8.8 g12:learning 8.7 q25c:museum focus 8.7 q27:good mix of exhibit types 8.7 g15:easy to get around* 8.7 q26a:AK insight 8.6 Mid -rated Items Lowest -rated Items q26c:deserves funding 8.4 q14:uncomfortable aspects 8.4 g13:presentation 8.3 q23:trustworthy 8.3 q4:vs expectations 8.3 g28c :produced by Alaskans 8,3 q16 :connecting with others 8.2 q24:stimulating 8.1 q9:personally affected 8.0 q28b:merchandise 7.8 q20:conducive environm't 7.8 g17:my history 7.7 q10 :vs other attractions* 7.3 q7:reputation 7.3 g21:media* 5.3 q22:ads vs. others 5.2 Visitors' Ratings n =176 *On a scale of 0 to 10 where 10 is "best." Statements originally presented in the negative form an the survey have been reversed so that 10 is always best and are noted with an AASLH CNM 2008 -18- 2008 Ratings vs. Bench,. arking groups AASLH CNM -19- QUALI Performance Core Measures vs. AK Museum Group gl:overall g3:not disappointed' q4:vs expectations _»y 's OUTCOMES g2:impact q9:personally affect VALUE LOYALTY q5:return q6.recommend IMAGE q7:reputation g10:vs other attractions* INTERPRETATION: The Kenai Cultural Center (KCC) was rated higher than the Alaska Museum Group as a whole in 5 of the core areas. 2008 Kenai ®AK group (n =11) O avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. AASLH CNM -20- Performance .Other easures vs. AK Museum Group g11:feel welcome g12:leaming g13:presentation g14:uncomfortable aspects g15:easy to get around` g16:connecting with others q17:m y history g18:rnekes a difference g26c:deservesfunding g19:stafflvolunteers r. W' 5 q20:conducive environmY 8 g21:media* q22:ads vs. others q23:trustworthy g24:stimulating g25awell kept 3 g25b:e ibils 1 g25c:museum focus u g26aAKinsight 68f 1 q26b:pleased with information r,:ai 0 8.8 III Kenai AK group (n =11) D avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. INTERPRETATION: The Kenai Cultural Center (KCC) was rated higher than the Alaska Museum Group as a whole in 3 of these areas: ease of getting around and media, Conversely, it was rated lower than the Alaska Group in 3 others: importance of uncomfortable aspects, trustworthiness, and gaining insight into Alaska. 2008 AASLH CNM -21- 8 QUALI VALUE Performance Core easures vs. all museums OUTCOMES g2:impac LOYALTY q5:return g6:recommend IMAGE g7:reputation g10:vs other attractions 2008 z ui -rrzx" +s� .a0 gl:overall g 3 g3:not disappointed` 5 g4:vs expectations ersonail affected 8 Q q p Y as kc� �a.�� w ,li ,P, s.2 q8 :value 9.3 Kenai all (n =67) 0 avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. INTERPRETATION: KCC was rated higher than the all museums group as a whole in 5 core areas. AASLH CNM -22- 9 Performance Other Measures vs. all museums g1l;fed w eicore q12:learning g13:presenlation g14:uncomforlable aspects q15:easy to get around' q t 5:connecting with others g17:my history g18:makes a difference q 19:staf f /volunteers q20:conducive environm' q21 media* q22:ads vs. others g23:trustw orthy g24:slimulaling g25a:w elk' g25b:exhibis g25c maseum focus 2008 96 92 87 87 AASLH CNM -23- Kenai El all (n =67) 0 avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. 10 INTERPRETATION: KCC was rated higher than the all museums group as a whole in 4 of these other areas and lower in 3 others. Performance Core Measures vs. history art museurr►s QUALITY g1:overall q3:not disappointe q4:vs expectations VALUE q8 :value LOYALTY q5:return g6:recommend IMAGE q7:reputation g10:vs other attractions 2008 OUTCOMES g2:impaat r g.8 ao q9 :personally affected 0 18,3 .3 7.4 7. 17.4 8.5 M Kenai M History Art (n =12) avg top 3 9 11- Indicates a statistically significant difference between the museum and the group at he 90% Confidence Level. 2 INTERPRETATION: The Kenai Cultural Center was rated higher than the group of history and art museums as a whole in 5 core areas...including value and likelihood to return. AASLH CNM -24- 11 Performance Other Measures vs. history art museums g11:feel welcome g12:learning g13:presentation 91 8.9 q 14:uncomfortable aspects 91 g15:easy to get around 87 g16:connecting with others r 2 8 5 g17;my history g18:makes a difference q 19:s taff /volunteers g20:conducive environm't g21:media* q22:ads vs. others g23:lrustworih g24:stimulating g25e:w eH-kep g25b:exhibits g25c:museumfocus 2008 54 5 .2 II Kenai History Art (n =12) 0 avp top 3 indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. AASLH CNM -25- 12 INTERPRETATION: The Kenai Cultural Center was rated higher than the group of history and art museums as a whole in 4 of these areas,..but lower in terms of importance of learning about uncomfortable aspects. Performance Core Measures vs. budgets $100 -$200K QUALITY q 1 :overall q3:not disappointed* q4:vs expectations OUTCOMES q2:impac q9:personally affected VALUE LOYALTY q5:retum q6:recommend IMAGE g7;reputation g10:vs other attractions* 2008 AASLH CNM -26- Kenai budgets $100 -200K (n =7) o avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. 13 91 INTERPRETATION: It was also rated higher that the group of museums with similar sized budgets in 4 core areas. Performance Core Measures vs. budgets $100 -$200K g11:feel welcome g12:learning q 13:presentation g14:uncomfortable aspects g15:easy to get around* g16:connecting with others q17 :my history q18:makes a difference ql 9:staff/volunteers q20:conducive environm't g21:media* q22:ads vs. others q23:trustworthy q24:stimulating g25a:well -kept g25b:exhibits g25c:museum focus 2008 Kenai budgets $100,001 -200K (n =7) 0 avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. INTERPRETATION: it was also rated higher that the group of museums with similar sized budgets in 3 of these other areas but was rated lower in 7 areas. AASLH CNM _27_ 5.3 5.2 0 o .9 9 Y.3 Q.2 9.2 14 9 Performance Core Measures vs. private nonprofit museums QUALITY VALUE LOYALTY q6:recommend IMAGE g7:reputation g10:vs other attractions 2008 q1 :overall q3:not disappointed" OUTCOMES 8 g2:impact 9.1 g9:personally affected 0 8.5 944 2 a max., 9,4 Kenai Ike p np (n =39) 0 avg top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. AASLH CNM -28- 15 INTERPRETATION: The Kenai Center was also rated higher that the group of private nonprofit museums as a whole in 7 core areas Performance Other Measures vs. private nonprofit museums q i 1:feei welcom g12:leaming q13:presentation g14:uncomfortable aspects q15:easy to get around* g16:connecting with others q17:my history g18:makes a difference g19:staff!volunteers g20:conducive environm't q21:media* q22:ads vs. others q23:trustworthy g24:stimulating g25a:well -kept q25b:exhibits q25c:museum focus 2008 'r Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. AASLH CNM Kenai p np- (n =39)- D avq top 3 INTERPRETATION: And it was rated higher that the group of private nonprofit museums as a whole in 6 other areas but was rated lower in 3 others. 16 Performance Core Measures vs. non accredited museums QUALITY gl:overall q3:not disappointed* q4:vs expectations OUTCOMES q2:impact q9:personally affected VALUE g8:value LOYALTY g5:return q6:recommend IMAGE g7:reputation g1O:vs other attractions 2008 "E rEEE Kenai 9 non accredited (n =41) 0 avg top 3 8 9.2 Indicates a statistically significant difference between the museum and the group a the 90% Confidence Level. INTERPRETATION: When comparing the Kenai Cultural Center to the group of AAM non- accredited museums as a whole, it outperforms that group in 6 core areas. AASLH CNM -30- 17 2.4 Performance Other Measures vs. non accredited museums g11:feel welcom g12:leaming g13:presentation g14:uncomfortable aspect g15:easy to get around q16:connecting with others q17:my history qi6 :makes a difference g19:staff /volunteers q20:conducive environm't g21:media* q22:ads vs. others q23:trustworthy g24:stimulating q25a:well-kept g25b:exhibits g25c:museum focus 2008 T. tcrege.711 .Ilraa'VLZ: ;M at m,...c:i_._ .m*" ?5:. 8:B AASLH CNM -31 5.3 2 g 9.3 Kenai non- accredited (n =41) -0 avq top 3 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level, INTERPRETATION: When comparing the Kenai Cultural Center to the group of AAM non accredited museums as a whole, it outperforms that group in 4 of these areas and rated lower in 4 others. 18 2008 Season Residence Ratings Response Frequencies AASLH CNM -32- 19 gl:overall g2:impac q3:not disappointed* q4:vs expectations q5:retum q6:recom m end g7:reputation q8:value q9:personally affected q1 D:vs other attractions ql1 :feel welcome gl2:leaming q13:presentation g14:uncomfortable aspects ql 5:easy to get around* g16:connecting with others 2008 Performance Measures by season spring summer (n =86) winter (n =91) AASLH CNM -33- Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. 20 INTERPRETATION: Those visiting the Kenai Cultural Center during the spring /summer season /survey period rated the museum higher than winter visitors in 7 of these 16 areas. Winter visitors rated it higher on reputation. Performance Measures by season q17 :my history q18:makes a difference g19:staffholunteers g20:conduchte erniranm't q21:media* q22:ads vs. others q23 :trustworthy q24:stimulating g25a:well -kept g25b:exhibits g25c:museum focus g26a:AK insigh g28b:pleased with information g26c:deserees funding g27:good mix of exhibit types Among the 43% 30% (respectively) who had shopped the retail area... q28b:merchandise q28c:produced by Alaskans 2008 8.0 5.4 5.6 LLt AASLH CNM -34- 8.3 8, 7^ spring summer (n =86) winter (n =91) 8.7 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. INTERPRETATION: Those visiting the Kenai Cultural Center during the spring /summer season /survey period rated the museum higher than winter visitors in 9 of these 17 areas. 21 q 1:overall g2:impac q3:not disappointed q4:vs expectations g5:return g6:recommend g7:reputation q8:value g9:personally affected g10:vs other attractions g11:feel welcome g12:learning g13:presentation q14:uncomfortable aspects q15:easy to get around* q16 :connecting with others 2008 Performance Measures by residence AASLH CNM -35- 5 8.0 .2 0 outside AK (n =68) in AK (n =104) 19.2 9,0 8 2 9. Indicates a statistically significant difference between the museum and the group at the 90 Confidence Level. 4 9 4 49.04 ..6 IN I tRNKt l A I ION: Those not living in Alaska rated KCC higher than Alaska residents in 8 of these 16 areas. Conversely and not surprisingly, AK residents gave a higher rating on rare itatinn 22 Performance Measures by residence g17:my history q18:makes a difference g19:staffkolunteers q20:conduche environml g21:media* q22:ads vs. others q23:trustworthy g24:stimulating g25a:well -kept g25b:exhibits g25c:museum focus g26a:AK insight q26b:pleased with information g26c:deserves funding q27:good mix of exhibit types j 2008 Among the 43% 30% (respectively) who had shopped the retail area... g28b:merchandise 89 q28c:produced by Alaskans 0 outside AK (n =86) in AK (n =91) AASLH CNM -36- 1 5 '1 2 5.5 5, 8.1 8.2 8.9 Indicates a statistically significant difference between the museum and the group at the 90% Confidence Level. 19.5 9.1 4-- 4 9 4 87 6...a 9.2-.;x.... .6 INTERPRETATION: Those not living in Alaska rated KCC higher than Alaska residents in 9 of these 17 areas. Conversely and not surprisingly, AK residents gave a higher rating on amount of media. 23 y9.I29.5 2 3 4 5 6 7 8 9 2 Visitor Survey 2007 Please tell us about your visit to the Kenai Cultural Center today. We need your feedback as we continue to improve our facilities. Please complete this survey and hand it to a representative in the return envelope provided (or simply drop the envelope in a mailbox). To assure confidentiality, the Center for Nonprofit Management, a nonprofit evaluation and research organization, wit be analyzing the results for us. There are no right or wrong answers. If you feel uncomfortable answering any question due to limited experience or any other factor, just write "DK" or "Don't Know' instead of an answer, and move to the next statement We encourage you to answer as many as you can. Thank you for helping us serve you better. INSTRUCTIONS: Circle the ONE number following each statement that best indicates the extent to which you agree 0r disagree with it For statistical purposes, some statements are positive and some negative. so read 00017 item carefully before you respond. OVERALL RATING: I would rata the Kenai Cultural Center programs and exhibits overall as excellent. OVERALL IMPACT: usiting the Kenai Cultural Center has had a very positive Impact on me /my family. DISAPPOINTED: I'm very disappointed in my museum experience. EXPECTATIONS: My experience overall was even better than I expected. RETURN: If I were choosing again today, I would definitely choose to visit the Kenai Cultural Center. RECOMMEND: I highly recommend the Kenai Cultural Center to my family and friends, REPUTATION: Before I actually visited, I'd heard really good things about the Kenai Cultural Center. VALUE: Visiting the Kenai Cultural Center is an excellent value in terms of my time, effort, and cost. PERSONALLY AFFECTED: I realty have been personally affected by something 1 saw /experienced at the museum. FEEL WELCOME: I feel very welcome and very comfortable when I visit the Kenai Cultural Center. LEARNING: always learn something when I visit the Kenai Cultural Center. NAl Visitors Cultural Center Strobl* Dtsaglee Neutral S agree 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 o 1 2 3 4 5 6 7 8 9 10 10 OTHER ATTRACTIONS: Other historical museums /cultural 0 1 2 3 4 5 6 7 8 9 10 attractions in the area are better than the Kenai Cultural Center. 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 (over) AASLH CNM 2008 46 -37- PRESENTATION: The way history was presented at the Kenai 13 Cultural Center really held my attention making It an interesting 0 1 2 3 4 5 6 7 8 9 10 way to learn. UNCOMFORTABLE ASPECTS: It is extremely important to 14 learn about all aspects of history even those which are 0 1 2 3 4 5 6 7 8 9 10 unpleasant or might involve conflict. 15 HARD TO GET AROUND: It was very difficult to find my way 0 1 2 3 4 5 6 7 6 9 10 and gel where I wanted to go. CONNECTING WITH OTHERS: The Kenai Cultural Center 16 provides an excellent opportunity to have a memorable shared 0 1 2 3 4 5 6 7 8 9 10 experience with my family and friends. 17 18 27 MY HISTORY: The Kenai Cultural Center does a great job of preserving and presenting history as it relates to me. MAKES A DIFFERENCE: The Kenai Cultural Center is an important contributor to the quality of life in this community. STAFFNOLUNTEERS: The staff /volunteers at the Kenai 0 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5 6 7 8 9 10 19 Cultural Center are always available, friendly, knowledgeable. 0 1 2 3 4 5 6 7 8 9 10 and helpful. CONDUCIVE ENVIRONMENT: The Kenai Cultural Center is 20 one of the few places where It's conducive to team about, 0 1 2 3 4 5 6 7 8 9 10 discuss, and explore difficult issues in history, MEDIA/ADVERTISING: I never see or hear about the Kenai 21 Cultural Center from television, radio, the Internet, newspapers, 0 1 2 3 4 5 6 7 8 9 10 or other printed material. ADVERTISING vs. OTHERS: I see or hear a lot more about the 22 Kenai Cultural Center than I do about other cultural attractions in 0 1 2 3 4 5 6 7 8 9 10 the area (historical museums, galleries, etc.). 23 TRUSTWORTHY: I completely trust the information that the 0 1 2 3 4 5 6 7 8 9 10 Kenai Cultural Center presents in Its programs /exhibits. STIMULATING: Programs /exhibits at the Kenai Cultural Center 24 really stimulate me to learn more and delve Into topics I might 0 1 2 3 4 5 6 7 8 9 10 not otherwise have explored. WELL -KEPT FACILITIES: The Kenai Cultural Center's 25a museum/grounds /restrooms are always clean and well- 0 1 2 3 4 5 8 7 8 9 10 maintained. 25b EXHIBITS: The way exhibits were presented made it very easy 0 1 2 3 4 5 6 7 8 9 10 for me /my family to see and understand them. VISITOR FOCUS: I really felt valued as a visitor to the Kenai 25c Cultural Center. 0 1 2 3 4 5 6 7 8 9 10 26a INSIGHT: The focus of the exhibits gave me a lot of insight into 0 1 2 3 4 5 6 7 8 9 10 Alaska, its culture, and its history. INFORMATION: I am very pleased with the amount of 26b information I received at the Kenai Cultural Center today— 0 1 2 3 4 5 6 7 8 9 10 especially in the areas in which I was most Interested. FUNDING: The Kenai Cultural Center deserves some 26c additional public funding and I would happily support that if I 0 1 2 3 4 5 6 7 8 9 10 could. TYPES of EXHIBITS: The Cultural Center has a really good mix of exhibits: history, natural history, and art. 28a Did you shop at the retail area in the Center? 26b MERCHANDISE: quality of mercha yes answer #26b as very pleased with the selection and se for sale as well as the prices. -38- 0 1 2 3 4 5 6 7 8 9 10 1 no skip to #29a 0 1 2 3 4 6 5 7 8 9 10 2008 47 ARTISTS: I was extremely pleased to learn that much of the 28c merchandize offered for sale is produced by Alaskans. JUST A FEW QUESTIONS FOR BACKGROUND PURPOSES. 29 Did you come to the Center primarily,,..? (Mark one answer only.) for visitor information 34 Are you..,? 35 1 1 30 On which day of the week did you visit the museum? Monday 1 I Tuesday 1 I Wednesday I I Thursday Friday I 1 Saturday I 1 Sunday 31 a Where do you currently reside? Within 60 miles of the museum in Alaska but more than 60 miles away In the US outside of Alaska I In Canada n Somewhere other than Canada/US 31b If you don't live in Alaska, are you on a cruise? yes 31c If you don't live in Alaska, about how often do you visit Alaska? Several times a year In Once a year 1 1 Less than once a year I 1 This Is my fir visi 31 d About how often do you visit the Kenai Cultural Center? Several times a year 1 1 Once a year Female 1 1 to visit the exhibit gallery 1 1 both equally 1 1 32a Please tell us how many were In your party visiting the Kenai Cultural Center today. And don't forget to include yourself. of adults (over 19) of teens (13-19) tF of children 6-12 under 8 32h Were you with a tour group when you visited the museum today? 33 Into which group does your age fait? 19-34 Native American/Alaskan Native 1 1 36d What is the ONE most important idea or piece of today? Male I 1 1 Do you consider yourself to be...? (Check all that apply) African American I 1 Asian 1 1 Caucasian 36a In the past 2 years or so, how many museums have you visited? -39- 0 1 2 3 4 5 6 7 8 9 10 1 1 1 1 Pacific Islander 35.54 1 1 no 36b If you had not visited the Kenai Cultural Center today, what would you have done instead? 1 1 I Less than once a year 1 1 This is my first visit Yes 1 1 no Hispanic/Latino Other: 36e What, if anything, could the Kenai Cultural Center have done to make your experience better? Other: 55+ 1 1 How, if at all, did your visit to the Kenai Cultural Center today help you understand Alaska /Alaskan history? (Please be as 36c specific as you can.) mation that you took away from your visit to the Kenai Cultural Center Thank you for your help. Copyright 2007, AASLH /Center for Nonprofit Management, Nashville, TN 2008 48 Visitors Cultural Center Community Survey -2009 Please tell us a bit about yourself. The demographic information you provide will be kept confidential, and helps us to better understand the nature of our community. The data gathered here is used for the purposes of expressing our position to potential funders and other stakeholders. Circle the responses that most closely reflect you. 1.1 am a... Life -long resident of Kenai. Life -long resident of Alaska. Resident of Kenai 30 or more years. Resident of Kenai 15 or more years. Resident of Kenai 5 or more years. Resident of Kenai for less than 5 years. 2. I am a,.. male female 3. 1 am... between the ages of 18 and 25. between the ages of 26 and 40. between the ages of 41 and 55. over 55 years old. 4. My education level is... Primary School. High school diploma or GED. Some undergraduate work. Completed bachelors degree. Some graduate work completed masters level or above. 5. My income level is... $15,000 a year or less, $15,001- 25,000 a year. $25,001 $40,000 a year. $40,000 560,000 a year. $60,000 $100,000 a year. $100,001 a year or more. Prefer not to answer. -40- Please tell us a bit about your experience with the Kenai Visitors and Cultural Center. 6. Please circle one. I attend the Kenai Visitors and Cultural Center... Once every few years. Once a year. Once every few months. Once a month. Once a week. More than once a week. 7. Please circle. one. I usually attend the Kenai Visitors and Cultural Cente By myself. With my children. With my grandchildren. With a guest or guests outside my family. With a school group. With a training or meeting group. 8. Please check one. The first time I came to the Kenai Visitors and Cultural Center, I learned about it... _because I saw it from the highway. _through a friend. in print advertising (newspaper, visitors guide, etc.) on the radio. on the intemet. Where? from another source. Where 9. Please check one. When I attend the Kenai Visitors and Cultural Center it is usually because... I have business with the staff. I am participating in a meeting orlraining with another organization. _I want to visit the gift shop. I am bringing family or friends to see an exhibit. Which exhibit? I am bringing students to see an exhibit. Which exhibit? The opening of a particular exhibit or performance event. -41- 10. Please circle one. 1 am familiar with the mission and function of the Kenai Convention and Visitors Bureau. agree agree agree agree agree agree neutral disagree 11. Please circle one. I am familiar with the mission and function of the Patrons of the Kenai Visitors and Cultural Center. neutral disagree 12. Please circle one. I am familiar with the objects, archives and other materials ineluded in the City of Kenai Collection. neutral disagree 13. Please circle one. I trust that the staff of the Kenai Visitors and Cultural Center handle and display the City of Kenai Collections in an appropriate and professional manner neutral disagree 14. Please circle one. I see the Kenai Visitors and Cultural Center as a place to learn about art, culture and history of Kenai and Alaska. neutral disagree 15. Please check all that apply. When I attend the Kenai Visitors and Cultural Center, I expect to see exhibits and programs in the following categories... Kenai history Alaska Native arts and artifacts art by Alaskan artists stories about the people of Kenai /Alaska performing arts events (music, dance, drama) _community, holiday- themed. events film presentations lectures /workshops natural history exhibits Please list any topics you would like to see us focus on more in the future. 16. Please circle one. I expect high quality arts and cultural experiences from the Kenai Visitors and Cultural Center. neutral disagree -42- 17. Please circle one. The programs and exhibits at the Kenai Visitors and Cultural Center create a desire for me to connect with my family and friends through conversation. agree 18. Please circle one, I am able to relate the programs and exhibits to me and my history, personally agree neutral disagree 19. Please circle one. I recommend to other people that they should attend the Kenai Visitors and Cultural Center. agree agree Volunteer Docent Programs Volunteer neutral disagree neutral disagree 20. Please circle one. I believe the programs and exhibits at the Kenai Visitors and Cultural Center add value to my life. neutral disagree 21. Please circle all that apply. If given the opportunity, I would participate in the Kenai Visitors and Cultural Center in the following ways... Research Volunteer Visitors Services Volunteer Membership Sponsor -43- 22. Please take a moment to tell as a few things that you really like about the programs and /or exhibits at the Kenai Visitors and Cultural Center. 23. Please tell us a few things that you think might improve the programs and/or exhibits at the Kenai Visitors and Cultural Center. 24. Anything else you would like us to know about your experience with the Kenai Visitors and Cultural Center. Thank you! If you would be interested in discussing your survey responses with the Director of Programs and Exhibits at the Kenai Visitors and Cultural Center, please call Laura at 283 -1991. Your participation is most appreciated, and we look forward to seeing you again soon at the Center! -44- 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 28 October 9, 2009 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: Grants State of Alaska PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 2009. ATTEST: CITY OF KENAI ORDINANCE NO. 2456 -2009 Increase Appropriations: Police Overtime $2,000 Carol L. Freas, City Clerk Approved by Finance: r Z New Text Underlined [DELETED TEXT BRACKETED] -45- Suggested by: Administration HAL SMALLEY, VICE MAYOR $2,000 Introduced: November 24, 2009 Adopted: December 2, 2009 Effective: December 2, 2009 Memorandum Kenai Police Department To: Rick Koch, City Manager From: Gus Sandahl, Chief of Police Date: 11/16/2009 Re: Request for Ordinance Increasing Revenues and Appropriations for Police Overtime From September 28` to October 9' Officer Kelly George was a mentor at the state D.A.R.E, officer training in Anchorage. As a mentor he is one of the primary instructors at the demanding two -week training for police officers from around the state to become new D.A.R.E. officers. The Alaska State D.A.R.E. Coordinator's office has compensated the Police Department with a $2,000 check for Officer George's two -week absence from the City of Kenai. During that two week period, the Kenai Police Department had to pay officers overtime to help cover shifts. Since the $2,000 check is deposited into the City of Kenai general fund, I am requesting an appropriation of $2,000 back into the police overtime account. Page 1 -46- the ay f KENA ALASKA CITY OF KENAI ORDINANCE NO. 2457 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,719.15 IN THE GENERAL FUND FOR REPAIRS MADE TO THE DEPARTMENTS POLICE RECORDS MANAGEMENTS SYSTEM THAT FAILED UNEXPECTEDLY. WHEREAS, the Communications and Police Departments utilize an IBM, proprietary records management system to maintain department data on virtually all police and dispatch functions; and, WHEREAS, the system is absolutely vital to the daily operations and investigative functions of both departments; and, WHEREAS, the current system was purchased in 2004 and is now estimated to have a total replacement cost of 342,000; and, WHEREAS, repairs to the system have been made at a cost of $14,345.15 by IBM and were a completely unexpected and unbudgeted item; and, WHEREAS, the communications repair and maintenance account does not have enough funds to pay for the repair, and additional funds of $8,719.15 are needed to help cover the costs of the repair. 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 Revenue Appropriation of Fund Balance Increase Appropriations Communications Repair and Maintenance PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance• 7- HAL SMALLEY, VICE MAYOR New Text Underlined. [Da?TED TEXT BRACKETED[ 8,719.15 $8,719.15 Introduced: November 24, 2009 Adopted: December 2, 2009 Effective: December 2, 2009 4 mil Waal i rr lll l I IW,' To: Rick Koch City Manager From: Gus Sandahl Chief of Police Date: 11/4/09 Re: Spillman RMS Server Repair KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET IENAI, AK 99611 Telephone (907) 283 -7879 Fax (907) 283 -2267 -48- The Spillman police records management system utilizes a five -year old IBM server and contains 11 years of police data. It is a critical server that is used daily by dispatchers and officers for both inputting data and researching data. The information helps officers investigate crimes and helps the police administration gather important statistical data. In the last five days the Spillman server has spontaneously rebooted (errantly) at increased frequency, causing significant disruptions to data entry and data research. The Spillman server is manufactured by IBM, and on 11/3/09 we provided error codes to IBM tech support. IBM determined that the most likely cause for the reboot is a failing motherboard which will need to be replaced at a total estimated cost of $13,853. By comparison, the cost for replacing the entire server (including migrating data from the old server to a new server) is quoted at nearly $42,000. In talks with IBM on 11/3/09, they required an initial purchase order of $3,257 before a tech would attempt to diagnose the problem. IBM id d the purchase d of 25 xou_d a.. he p... was prvV'aue t u u ic purchase order pi on Tuesday, 11/3/09, and then subsequently diagnosed the motherboard as the likely problem. Per IBM that $3,257 purchase order will be cancelled and we will receive a new invoice at the completion of the repair. We should then make payment on the new invoice with a new purchase order, The Communications repair and maintenance account has a remaining balance of $7,626 of which approximately $1,000 is needed for dispatch equipment repairs in the next three months, This leaves $6,626 available in the Communications repair and maintenance account to contribute to the $13,853 in unexpected repairs to the Spillman server motherboard. I am requesting an appropriation of $7,228 into the Communications repair and maintenance account in order to have IBM immediately repair the Spillman server. Total Repair Costs $13.853 Amount available in Repair and Maint, $6,626 *Leaves $1,000 avail. for other expected dispatch equip. repairs. Additional Appropriation needed $7,227 To: Rick Koch City Manager From: Gus Sandahl Chief of Police ../P) Date: 11/17/09 Re: Spillman RMS Server Repair Total Repair Costs Amount available in Repair and Maint.* Additional Appropriation needed KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283 -7879 Fax (907) 283 -2267 $14.345.15 $5,626.00 "Lea 52,000 avail. for other dispatch repairs. $8,719.15 -49- After this repair was completed, the communications center also experienced a hard drive and touch screen monitor failure in a dispatch radio computer. This is a completely separate unexpected equipment repair. Since the repair costs to the Spillman server were higher than estimated, and we have had an additional equipment failure, I am requesting an appropriation of $8,719.15 into the Communications repair and maintenance account This will leave $2,000 available in this account for the ongoing repair costs to the dispatch radio computer and monitor, and will also leave some funds available for future repair costs. I wrote a memo on 11/4/09, which indicated IBM's repair to the Spilhnan records management server would cost $13,853. A purchase order for $13,853 was approved and the repair was completed on 11/9/09. At the completion of the repair we received a repair invoice of $14,345.15 (higher than the estimated repair cost on the purchase order). e c' ij KENALALASVA CITY OF KENAI ORDINANCE NO. 2458 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 5825 IN THE GENERAL FUND FOR TRAINING FUNDS PROVIDED BY THE ALASKA POLICE STANDARDS COUNCIL. WHEREAS, from November 2 -6, 2009 one Kenai Police officer attended precision rifle instructor training in Las Vegas, NV; and, WHEREAS in July, 2009 the Kenai Police Department received a check from the Alaska Police Standards Council to pay for the rifle course tuition and per diem costs, totaling $825; and, WHEREAS, the Police Department is requesting appropriation of the grant to the Police Transportation account to cover the costs of the training's travel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows. General Fund Increase Estimated Revenues: State Grant Police $825.00 Increase Appropriations: Police Transportation $825.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 2009. A'T'TEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined- [DELETED TEXT BRACKETED) -50- HAL SMALLEY, VICE MAYOR Introduced: November 24, 2009 Adopted: December 2, 2009 Effective: December 2, 2009 KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283 -7879 Fax (907) 283 -2267 To: Rick Koch City Manager From: Gus Sandahl Chief of Police Date: 11/18/09 Re: Request for Ordinance Increasing Revenues and Appropriations for Police Training In July of 2009, the Alaska Police Standards Council (APSC) provided the Kenai Police Department with an $825 check to help fund costs associated with sending one officer to precision rifle instructor training in Las Vegas, NV. -51- The officer attended the training November 2 -6, 2009, which had tuition costs of $525, and per diem costs of $300. This training has enhanced the officer's manipulation of precision rifles. The officer is also one of the KPD firearms instructors, and the skills learned from this training will improve his ability to train KPD officers on the use of firearms. The $825 check from APSC was deposit into the City of Kenai general find. I ain requesting an ordinance to appropriate $825 from the general fund back into the police transportation account. The appropriation will assist the police department with providing other officer training for the remainder of this budget year. th<c <lyof KENALALASU CITY OF KENAI RESOLUTION NO. 2009 -67 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A VENDING MACHINE CONCESSION AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT AND ALASKA FIRE TRAINING FACILITY. WHEREAS, on November 8, 2009 the City of Kenai required bids for a Vending Machine Concession in the Airport Terminal and Alaska Fire Training Facility for a period of one (1) year with the option to extend for an additional four (4) years if the City and the Concessionaire mutually agree in writing to a minimum monthly fee plus a percentage of Gross Receipts based on the previous years' accounting of Gross Receipts; and, WHEREAS, one responsive bid was received on November 20, 2009, for the contract year December 1, 2010 through November 30, 2010; and, WHEREAS, the bid amounts received were as follow: Bidder Tyler Distributing Airport Terminal Alaska Fire Training Facility Per Month $211.00 10% of Gross Receipts after taxes WHEREAS, Tyler Distributing, Inc. submitted a responsible bid for the Vending Machine Concession at the Kenai Municipal Airport and Alaska Fire Training Facility; and, WHEREAS, the City Administration has determined this bid meets all the requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Manager is authorized to enter into a Vending Machine Concession Agreement with Tyler Distributing, Inc. for the period December 1, 2009 through November 30, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 2009. ATTEST: Carol L. Freas, City Clerk Finance: 7 6Lc-- -52- HAROLD V. SMALLEY, VICE MAYOR Me uryof NENA, NA CITY OF KENAI RESOLUTION NO. 2009 -68 Suggested by: Council Member Molloy A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT. WHEREAS, people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Homer, Alaska, on February 24 -26, 2009; and, WHEREAS, participants in the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, and discussed with presenters the recommendations of the Intergovernmental Panel on Climate Change, one of the leading scientific bodies on global climate change; and, WHEREAS, presenters and participants in the Alaska Coastal Gathering discussed in detail the problem of ocean acidification and its impact on people living in Alaska's coastal communities whose economic life depends on a healthy ocean through the fisheries that provide food, jobs, and cultural identity to many Alaskans; and, WHEREAS, congressional staff gave a presentation to Alaska Coastal Gathering participants regarding pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and, WHEREAS, Alaska Coastal Gathering participants also received presentations from experts regarring the pntential for development of renew energy in Alaska, such as wind, solar, geothermal, hydro, and ocean energy generation, and the economic opportunities for Alaska's coastal communities in making a transition from "business as usual" to a more sustainable economy; and, WHEREAS, participants in the Alaska Coastal Gathering also developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact (Compact); and, WHEREAS, several Alaska municipal governments have passed resolutions supporting the Compact, including the Kenai Peninsula Borough, the City of Homer, the City of Seward, the City and Borough of Sitka, the City of Petersburg, the City of Dillingham, and the City of Gustavus; and, WHEREAS, the City of Kenai recognizes the importance of the oil and gas industry as an integral part of the energy sector of the local, state, national, and global economy, and that the oil and gas industry and renewable energy systems will be a part of the long -term solutions and actions in the energy sector to mitigate the adverse effects of climate change; and, -53- Resolution No 2009 -68 Page 2 WHEREAS, the City of Kenai recognizes that Homer Electric Association's Sustainable Natural Alternative Power program called "SNAP" makes small-scale solar, wind, geothermal or biomass power more cost- effective for customers, and connects customers who want to produce alternative power with other local members who want to support the development of new, renewable energy and that this is a type of local program that contributes to a sustainable local economy and is that is encouraged by the Compact; and, WHEREAS, the City of Kenai has initiated its own efforts to support a sustainable local economy by enacting an ordinance allowing for the construction and siting of wind energy systems in the City of Kenai, thereby supporting the development of renewable wind energy in the City of Kenai, a type of local initiative the Compact encourages; and, WHEREAS, the City of Kenai also has initiated a lighting system replacement program to replace older lights in the City's streetlights with LED lights to improve the City's energy efficiency, a type of Local program the Compact encourages; and WHEREAS, the City of Kenai applied for and was awarded a grant under the Energy Conservation Block Grant Program to fund a lighting system replacement project at the City's Multipurpose Facility to improve energy efficiency in that building and to reduce energy consumption, again a project the Compact encourages; and, WHEREAS, the City of Kenai has recognized the importance of a clean Kenai River to its cultural identity and to the economic health of commercial, sport and subsistence fishing activities, tourism, and recreation and, therefore, the City has supported limitations on the use of two stroke engines on river boats in the Kenai River, another type of local action the Compact encourages; and, WHEREAS, the City of Kenai also recognizes its cultural identity and economic health depend in part on healthy ocean resources that support commercial, sport and subsistence fishing activities, tourism, and recreation; and, WHEREAS, the City of Kenai received a presentation by Dr Ian Dutton, President and CEO of the Alaska SeaLife Center, regarding the important role the local government of an Alaska coastal community plays through supporting the Compact; and, WHEREAS, the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification, which is another type of action the Compact encourages. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of December, 2009. -54- Resolution No. 2009 -68 Page 3 ATTEST: Carol Freas, City Clerk -55- HAL SMALLEY, VICE MAYOR TO FROM: DATE: SUBJECT: BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob@molloyforcouncil.com Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley Bob Molloy 11 -24 -09 Resolution No. 2009 -68: A Resolution Of The Council Of The City Of Kenai, Supporting The Alaska Coastal Communities Global Climate Change Compact The adverse, negative effects of climate change and ocean acidification on the economic well -being of residents and on the economic health of commercial, sport and subsistence fishing activities, tourism, and recreation present one of the most important issues of mutual concem to the City of Kenai, the Kenai Peninsula Borough, the City of Homer, the City of Seward, and other Alaska coastal communities throughout the State of Alaska. What the City of Kenai can do on these issues of mutual concern to our coastal communities, not only by itself, but also through networking with the coastal communities in the Borough and elsewhere in Alaska, the City of Kenai should do. The Alaska Coastal Communities Global Climate Change Compact recognizes several statements, policies, actions, and initiatives, and is an agreement to commit to: 1. Networking with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2. Encouraging actions within our own community to miti gate climate change and ocean acidification and to adapt to unavoidable changes; 3. Making wise and effective use of resources provided by the state and federal governments for such actions; and 4. Supporting community efforts to educate the public on theses issues. Resolution No. 2009 -68 supports the Compact and adds the City of Kenai as a signatory to the Alaska Coastal Communities Global Climate Change Compact. The Kenai Peninsula Borough, the City of Homer, and the City of Seward are now signatories to the Compact. Your approval of Resolution No. 2009 -68 is most important, and I respectfully request your support and approval of Resolution No. 2009 -68 before and at the second public hearing on December 16, 2009. -56- JG /1 Bob Molloy ALASICA COASTAL COMMUNITIES GLO AL CLIMATE CHANGE COMPACT Alaska has more miles of coastline than all the rest of the United States. The vast majority of our state's residents call our coastal communities home. These communities generate billions in economic activity. From Metlakatla to Kaktovik, people have lived along Alaska's vast coast for thousands of years and depended on rich biologi- cal ocean resources for survival. Today, the cultural identity and survival of Alaska's coastal communities still depend on the ocean resources that support commercial fishing, tourism, recreation and subsistence. he under€iigtied Alaskan local and regional governments and elected officials, express our deep concern change and ocean acidification and issue a call to pdicymakers to take t catastrophic impacts from greenhouse gas emissions. Vic recognize 2. Ocean acidification is caused by increased carbon dioxide concentrations from the bunting of fossil fuels a nd i accelerating, The daily uptake of o 22 million tons of carbon dioxide into the ocean is causing ocean acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades to severely affect marine organisms, food webs, biodiversity and fisheries. 3. Global dimate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been described as 'ground zero" for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle infestations are evidence of climate change in Alaska. In addition; ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities. 4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate dimate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. 5. There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. Page 1 -57- 6. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7. For the well-being of current and future generations, immediate action must be taken at all Ievels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources, We hereby express support for the following policies, actions and initiatives: 1. At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 Ievels by 2050, 2. Reengage at the national Ievel in the international process of dealing effectively with global climate change. 3. At the national and state levels, enact legislation and fund initiatives that will dramatic-41y increase energy efficiency and the production of renewable energy. 4. Utilize a significant portion of the proceeds from national cap- and -trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will: develop renewable energy resources improve energy efficiency in buildings, transportation, etc., in all sectors of the economy increase public knowledge of issues related to greenhouse gas emissions create a skilled workforce for a new dean energy economy help vulnerable communities adapt to unavoidable climate- related impacts protect or rebuild infrastructure that is threatened by climate impacts enhance research in the area of ocean acidification enhance research in the areas of energy efficiency and renewable energy. We further express our commitment to: 1. network with other Alaskan coastal cotnmmnities on the issues of climate change and ocean acidification; 2. encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to unavoidable changes; 3. make wise and effective use of resources provided by the state and federal governments for such actions; and 4. support community efforts to educate the public on these issues. Signatories: City and Borough of Sitka Bruce Botelho, Mayor of Juneau City of Homer Al Dwyer, Mayor of Petersburg City of Petersburg Scott McAdams, Mayor of Sitka City of Dillingham City of Gustavus Kenai Peninsula Borough City of Seward Alaska Coastal Communities Global Climate Change Compact, page 2 -58- CITY AND BOROUGH OF SITKA RESOLUTION NO. 2008-04 A RESOLUTION OF THE CITY AND BOROUGH OF SITKA ENDORSING THE U.S. MAYOR'S CLIMATE PROTECTION AGREEMENT WHEREAS, the U.S. Conference of Mayors has adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, scientific consensus has developed that carbon dioxide and other greenhouse gases released into the atmosphere have a profound effect on the earth's climate; and WHEREAS, in 2006, the U.S. National Climatic Data Center confirmed clear evidence of human influences on climate due to changes in greenhouse gases; and WHEREAS, the United States, joined by 161 other countries, pledged to reduce greenhouse gas emissions under the United Nations Framework Convention on Climate Change; and WHEREAS, recent, well documented impacts of climate disruption include average global sea level increases; a decline in Arctic sea -ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate change poses a long term threat to Alaska, including the possible need to relocate coastal villages, damage to infrastructure, the availability of groundwater and surface water, and contributing to increased erosion along coasts and rivers; and WHEREAS, Alaska glaciers are retreating at an increasingly rapid pace due to temperature increases; and WHEREAS, local governments influence communities' emissions through land use, transportation, construction, waste management, and energy management decisions; and WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement as amended at the 73rd Annual U.S. Conference of Mayors meeting; NOW, THEREFORE, BE IT RESOLVED that the Assembly of the City and Borough of' Sitka, Alaska endorses the U.S. Mayor's Climate Protection Agreement and urges mayors from around the nation to join this effort. PASSED, APPROVED AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska, on this 8th day of January 2008. Marko Dapcevich, Mayor ArfilJensen CMC Acting Municipal Clerk -59- CITY AND BOROUGH OF STTKA RESOLUTION NO. 2008 -19 A RESOLUTION ESTABLISHING A CLIMATE ACTION PLAN TASK FORCE TO ADVISE THE ASSEMBLY ON METHODS TO PLAN FOR AND MITIGATE THE IMPACTS OF CLIMATE CHANGE AND REDUCE THE EMISSION OF GREENHOUSE GASES WHEREAS, scientists and public policy experts generally agree that climate change will have profound impacts on the economy, infrastructure, finances, and future development of cities within the State of Alaska; and WHEREAS, Mayors and local governments throughout the state and the nation are studying ways to predict and measure the impacts of climate change, plan for and mitigate those impacts, and reduce emissions of greenhouse gases, and WHEREAS, the Mayor and Sitka Assembly have endorsed the U.S. Mayor's Climate Protection Agreement in recognition that global warming may present serious challenges for the City in the future and wish to be proactive with respect to climate change in order to mitigate the impacts to Sitka's environment, economy and quality of life, and WHEREAS, parties to the U.S. Mayor's Climate Protection Agreement agreed to strive to reduce global warming emissions by inventorying local emissions, setting emissions reduction targets and creating an action plan; and WHEREAS, the Mayor and the Sitka Assembly have taken the first step by authorizing the emissions inventory; and WHEREAS, the Mayor and the Sitka Assembly recognize the willingness of citizens of the City and Borough of Sitka to volunteer their time to completing the further steps of setting emissions reduction targets and creating an action plan. NOW, THEREFORE BE IT RESOLVED, that the Sitka assembly hereby authorizes a Climate Action Plan Task Force, which shall be a special committee established under Sitka General Code 2.04.040A and 2.04.150C, and BE IT FURTHER RESOLVED, that the Task Force shall consist of at least 7 but no more than twelve diverse members appointed by the Assembly, which will attempt to -61- Resolution No. 2008-19 Page 2 of 2 appoint those who have climate change concerns, such as representatives from various groups including the youth, science, business, construction, tribal government, utilities /energy, environmental, fishing, tourism, land use /management and economic developments sectors of the community; and BE IT FURTHER RESOLVED, that the Task Force shall be responsible for studying and making recommendations to the Sitka Assembly on ways to plan for and mitigate the impacts of climate change on the City and Borough of Sitka's economy, infrastructure and future development, and methods the City and Borough of Sitka can employ to reduce the emission of greenhouse gases, and BE IT FURTHER RESOLVED, that the Task Force shall work closely with and provide periodic updates and draft work products for the Assembly. BE IT FURTHER RESOLVED, that the Task Force selection process be completed by July of 2008 if feasible and that the Task Force meetings begin in September of 2008. PASSED, APPROVED, AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska this 26 day ofJune, 2008. ATTEST: Colleen Pellett, MMC Municipal Clerk -62- o Dapcevich, Mayor CITY AND BOROUGH OF SITKA RESOLUTION 2009 -32 A RESOLUTION OF THE ASSEMBLY OF THE CITY AND BOROUGH OF SITKA, ALASKA, SUPPORTING LEGISLATION TO ENABLE ALASKA'S COASTAL COMMUNITIES TO MORE EFFECTIVELY PARTICIPATE IN THE ALASKA COASTAL MANAGEMENT PROGRAM (ACMP) WHEREAS, the "streamlined ACMP process" which resulted from the passage of House Bill 191 in 2003, and its implementation by regulations and statutory amendments, forced the complete revision of all Alaska Coastal Management Plans in Alaska, including Sitka's; and WHEREAS, as a result, Sitka lost more than half of its enforceable policies (the only section of coastal plans which had standing to be considered as part of the ACMP review process for permits and management decision making affecting coastal communities), and those policies remaining were so restricted as to be virtually un- usable in coastal comments; and WHEREAS, there has been an increasing, widespread effort to revise the RCMP to help coastal Alaskan communities regain a "seat at the table" in management decision making affecting Alaska's coastal zone, and reign in the Department of Natural Resources which is charged with managing the State's resources but now also makes all coastal management decisions on developing those same resources; and WHEREAS, prior to the ACIvIP's revisions, the Sitka Coastal Management Program had been a model of effective coastal management, allowing the Sitka community to have due deference and protect local resources and activities while permitting responsible development; and WHEREAS, House Bill 74 sponsored by Representative Joule and Senate Bill 4 sponsored by Senator Olson are being considered by the Alaska Legislature, and this legislation could help restore a meaningful role for coastal municipalities such as Sitka in the ACMP, including the following key provisions (among others): Establishes Alaska Coastal Policy Board with 5 public members coastal districts and 5 commissioners of resource agencies to make ACMP policy decisions. Establishes duties of the Board to approve ACM? standards and criteria for district plans. Adds subsistence to the list of resources included in the ACMP objectives. Restores local plan ability to write meaningful enforceable policies by enabling policies to be either prescriptive or performance based, stricter or more specific than state or federal laws, and clarifies policies apply to all land and water uses subject to the plan. Eliminates the "DEC carve -out" exempting DEC permits from consistency reviews. Allows ACMP consistency reviews of projects inland of the coastal zone if there would be direct and significant impacts to coastal uses or resources; Permits meaningful local participation in the ACMP through expanded enforceable policies -63- Resolution 2009 -32 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Assembly of the City and Borough of Sitka, Alaska, supports the revision of the Alaska Coastal Management Program to restore these key provisions and permit the City and Borough of Sitka to better manage its coastal zone per the Alaska State Constitution's provision for maximum local self government. PASSED AND APPROVED by the Assembly of the City and Borough of Sitka, Alaska, on this twenty fourth day of February, 2009. ATTEST: addressing a wide range of coastal uses. Colleen Ingman, MMC Municipal Clerk c McAdams, Mayor -64- V WHEREAS, WHEREAS, WHEREAS, Kenai Peninsula Borough, Alaska Introduced by: Date: Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2009 -085 Smith, Martin 09/15/09 Adopted 6 Yes, 0 No, 3 Absent A RESOLUTION SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Horner, Alaska, February 24 -26, 2009; and participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and Alaska Coastal Gathering participants also received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and WHEREAS, participants of the Alaska Coastal Gathering were given presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, congressional staff gave a presentation to the participants of the Alaska Coastal Gathering regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economises; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovemmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; and Resolution 2009 -085 Page 1 oft WHEREAS, the local governments of Homer, Sitka, Petersburg, Dillingham and Gustavus have officially signed the Alaska Coastal Communities Global Climate Change Compact; and WHEREAS, the Kenai Peninsula Borough Assembly received a research report from Dr, Jeremy Mathis, Chemical Oceanographer UAF, on the increasing acidity of Alaska's coastal ocean waters; and WHEREAS, the Kenai Peninsula Borough Assembly received a presentation by Dr. Ian Dutton, President Alaska SeaLife Center, on Renewable Ocean Energy, Climate Change and Ocean Acidification Research and Education Programs; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Kenai Peninsula Borough supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact, SECTION 2. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 15TH DAY OF SEPTEMBER, 2009. ATTEST: l 64" L ohni Blankenship, Borough Clerk Yes: Long, Pierce, Smalley, Smith, Sprague, Martin No: None Absent: Fischer, Knopp, Superman illi Martin, Assembly Presiden 41.\\ NSULA P Resolution 2009 -085 Kenai Peninsula Borough, Alaska Page2of2 CITY OF HOMER HOMER, ALASKA RESOLUTION 09-38(A) A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHA.NGE COMPACT. WHEREAS, People from Alaska coastal communities, including 8omorcame together 6>rthe /\|vokoCoastal Gathering held in}foo�or, Alaska, February 24-26,208V; �YV��i£%I�/\S,P^rtitipuntso[Uhe/\!askxCousta|(�uthnrin& /�ectiv,dprrstn1udnnx6on� sc/^nUoonUexperts regarding the causes and effects o[ global climate. change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regardin.g the need to reduee greenhouse gas emissions to prevent catastrophic i/upuctuuf climate change; and WHERE,AS, Participants of the Alaska. Coastal Gathering received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydzo, and ocean energy generation; and WHEREAS, Participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual to a suskainable economy; and WHEREAS, Participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape arid pending legislation iu Congress that could osvin1d|usku. communities inreducing greenhouse gas emissions, savin' money, and developing sustainable economies; and \@f{Ek1�A�.Pn*xoter000d participants nf the �Juuku(�oxskd(}uU)e�o&d�cusoedio 8otm]i6ecauses and effect's n[ global climate change, ocean acidification, 1bertcon1v)cxdutious of the Intergovernmental Panel on Climate Change, renewable energy anid economic opportunity, state and federal legislation, and the. uniqueness of people living, in Alaska coastal communities whose way o[ life and toun000y depend on" healthy ocean; and. \0H2R8AD, Participants nf the Alaska Coastal Gathering developed statements, positions, and r,connotnda1'for x by consensus to the content of the Alaska Coastal Cn/nruuo/\/u�Global Climate Change Compact. NOW, TT 11. B}2 RESOLVED that the City of Homer, Aiaska, supports 'he Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. PxSS l3 day of April, l009. -67- Mayor Ntgc. 2 of 2 Rwn.iynoN 033(A) (2.2rY or HOMER ATTEST 1 11 72 2 t7 7( 1 itSt CMC CITY CLERK Fiscal Note: N/A -68- CITY OF HOMER J'AMES C. HORNAD. MAYOR CITY OF DILLINGHAM, ALASKA RESOLUTION NO. 2009 -37 Meeting Date: June 4. 2009 A RESOLUTION OF THE DILLINGHAM CITY COUNCIL SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT. WHEREAS, people from Alaska coastal communities, including Dillingham, came together for the Alaska Coastal Gathering held in Homer, February 24 -26, 2009; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and WHEREAS, participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; NOW, THEREFORE, BE IT RESOLVED that the City of Dillingham, Alaska fully supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the compact. PASSED and ADOPTED by the Dillingham City Council on June 4, 2009. City of Dillingham Resolution No. 2009 -37 Page 1 of 2 -69- SEAL ATTEST: n McCambiy, City Clerk City of Dillingham Page 2 of 2 -70- Meeting Date: June 4, 2009 KeggieJ,T Tempore Resolution No. 2009 37 and, Sponsored by; Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -120 A RESOLUTION OF THE SEWARD CLTY COUNCIL OF THE CITY OF SEWARD, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, global climate change represents one of the greatest threats of our time; WHEREAS, ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating; and, WHEREAS, global climate change and ocean acidification threaten communities in Alaska; and, WHEREAS, Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification; and, WHEREAS, there are compelling economic arguments to act now; and, WHEREAS, the United States has an obligation to take a leadership role in addressing global climate change; and, WHEREAS, for the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: SECTION 1, The City of Seward supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. SECTION. 1 The City of Seward will seek to support initiatives and projects t adverse climactic changes and reduce ocean acidification. SECTION 3. This resolution takes effect immediately upon its adoption. -71- CITY OF SEWARD, ALASKA RESOLUTION 2009 -120 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of November, 2009. AYES: Valdatta, Bardatson, Smith, Keil, Shafer, Ambcrg, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: „Johanna Dollerhide, CMC 'Acting Ci y Clerk (City Seal) -72- THE CITY OF SEWARD, ALASKA itlard E. Dunham, Mayor Re: Agenda Item B 2 Council, RECEIVED Nov 2 4 2009 KENAI CITY CLERK -73- Rick Ross 1505 Kittiwake Kenai, Alaska Nov 24, 2009 I am unable to attend tonight's council meeting when a presentation is being made to you on the Alaska Coastal Communities Climate Change Compact. Please consider this my testimony if you determine to make a decision on becoming a signatory to the Compact at this, or at a subsequent meeting. During the six years I was on council I served as your representative on two State appointed oil and gas advisory committees. During the Last two years I was a Kenai Peninsula Borough representative on the Tri- Borough Energy Commission. Many of the energy conservation and alternative energy goals set forth in the Compact are addressed in the report issued by the members of this commission. Recommendations in this report are being considered in legislative committee, and the report is available to this council for your review, It is also available online. Please review this document and consider your endorsement of it as an alternative to being signatory to the Compact. I have several concems with the Compact, one of which I am asking you to consider at this time prior to taking any action toward becoming a signatory: By becoming signatory to the Compact you are recognizing the validity of the statements contained within it. This is clearly stated in the last sentence, of the second paragraph, of the first page of the Compact. On page 2, #4 of the Compact is a statement in which you would be supporting the use of cap- and -trade revenues and carbon tax. I would consider this a back door endorsement of the cap- and -trade legislation before the Senate. To state you support the use of the revenues, will he interpreted reasonably by others as an endorsement of the legislation, especially when you have no record to the contrary. The Waxman- Markey cap- and -trade legislation is a very important consideration for this city and state because of its potential negative impacts on the local and state economy. While all refined products, domestically produced as well as foreign imported will be subject to taxation based on end use, domestic refineries will be subject to operational energy taxation and environmental constraints that offshore facilities will not be. This is a good reason, among other considerations, that will further the movement of refineries offshore. Not only can this unequal playing field result in the eventual demise of the three refineries in Alaska, but also possibly others on the West Coast. If this were to occur the value of Alaska's North Slope oil would suffer and cost of refined products would escalate significantly. Alaska this year has already had layoffs in the industry and announcements of decisions to forgo further investment. Ross Nov 24 09 Passage of cap- and -trade will only be exacerbating this situation in the future. At the same time as Valero is announcing this month the closure of an East Coast refinery, India is spending massively on building exporting refineries. What is the benefit to the global environment for us to lose jobs and close refineries so we can import refined product at higher costs which are produced from refineries that do not meet our enviromnental standards? There is presently a very large national media campaign in support of "Climate Change" legislation. This effort is being directed at the US Senate where Waxman .Markey is stalled for very good reasons. There is little doubt that by signing this Compact the City of Kenai will be counted as onboard on this issue and this document will be represented as your position to our legislature and congressional delegation on this climate change legislation. Even if you disagree with my views on the potential impacts of the present cap- and -trade legislation, why not wait until you get the facts? Why not wait until the Alaska legislature has had hearings and taken a position, or hearings are held in the Senate and you know more fully what the issues are? You requested a presentation on the Compact, why not invite Tesoro and The Alliance to give presentations on the impacts they project if the current legislation is adopted? This is not a time sensitive issue and you do have time to see how this develops and become more informed before becoming signatory to a Compact, the use of which, and the ramifications of which may not be fully understood at present. Thank you for your consideration of these comments. Rick Ross -74- Dr Ian M. Dutton President and CEO, Alaska Sea Life Center Biography Ian was appointed CEO of the ASLC in December 2008 and oversees the world's northernmost public research aquarium and Alaska's major marine tourism facility. The Alaska SeaLife Center employs >100 staff and is a global leader in marine research and education. Ian was previously Deputy Director for the Asia Pacific Region of The Nature Conservancy, managing programs in nine countries employing more than 400 staff. Prior to joining TNC, Ian was the Asia Coordinator for the Coastal Resources Center of the University of Rhode Island, based in Indonesia. From 1987 -1995 he was Senior Lecturer in Planning in the School of Applied Science at Southern Cross University, NSW, Australia where he taught planning and management courses and led research and capacity building projects throughout the Asia-Pacific region. From 1984 -87 he was Senior Park Management Officer with the Great Banier Reef Marine Park Authority and from 1981- 83 worked with Kinhill on environmental assessment of mining, water resources and coastal development projects. Between 1979 -8I he worked with the Australian Federal government on soil and water management programs. Memberships Ian was awarded a Matsumae Fellowship in 1990 and undertook his research at Nihon University in Tokyo. He has also received several engineering and science awards for innovation. He serves on a range of Alaskan and global advisory committees, including the North Pacific Research Board, Pacific Congress on Marine Science and Technology and the Biodiversity Committee of the Global Reporting Initiative. Alaska SeaLlfe Center -75- Education B. App. Sc., Geography, Uni. Canberra M.Sc., Environmental. Planning, Griffith University Ph.D. Environmental performance monitoring, University of Queensland Contact Information Alaska SeaLife Center 301 Railway Ave. Seward AK 99664 Phone: 14907) 224 -6349 E-mail: ian dutton@alaskasealife.org alaskasealife.org Web: www.alaskasealife.ora Select Publications Dutton, Ian M., Kerrie Wilson and Medley Grantham 2009. Making marine spatial planning rest: bridging the gap from planning to action, PICES Conference 25 30 October, Jeiu, S. Korea. (in prep) Dutton, I.M. 2009. Promoting Climate Change Resilience: Learning Partnerships With Indigenous Communities, Indigenous People's Global Summit on Climate Change, Dena ina Center Anchorage, April 24 2009. Anderson, J. and LM. Dutton (2009), Climate Change Training: A Key Need for Aquarium Staff, Association of Zoos and Aquaria Annual Conference, Portland OR. September 14 -1.7 2009. Dutton, I. M. 2007 Climate Change and Business Sustainability, Presentation to Goldman Sachs -JB Were Annual Partner Retreat, Coolum Queensland, 24 February, 2007, Holmes, N. and I. M. Dutton (1988) The Greenhouse Effect: Do We Live in a Rational Society Source, Vol. 1:6, 4 -5.* E E V 4' ca 0 V ca c 4' 0 CL CL 41 6? ca Q E 0 V b3�O ca t V 0) ca V ca O w -76- v v U rd v VD re u1 rd E U E v z CZ CZ CU 'Zs CI, v v v o,, v 4-, Z cu v C -77- et u 0 U v o ckk o b v 0 0 u y o4' 0 C y CU 0 L _0 c C U (B N >1 C C Cr F6 4C131 U TD N O -78- 0 -79- cu 0 V cid ro Cit Q v Q o fq O 11 Eso -80- V) U FL co C E smo f6 O C9 -81- ea a E CO 2 a CD E ram 613 CID CD 1■1 0. 0 "ra 7 —=7" W 0 LN N 6 6 ri 0 47= LO -82- 0 3 c CO f1) 0 0 CD 0 0) Q r A CO N Q U U Qt a) 0) c r U -83- 0) ca a 0 t 0 2 a) E LL a) o a) U a) F— .c /5 -c Id= -84- D CD y 0 u) k cn 1 c 5 T c \2: -a c 0 o 2 we E c 12 0 2= o 2 0 k la m g c 6 0 r c C cu .0 2 E m c _c/� n m I D m 2 ƒ r m 2 0') ƒ T D k E A -85- 0) E O ti C fQ COD y C�{S 0 0 1� 0 0 J a i v CC A A 4 Q z -86- A A D (saaepaq)eaiy snoaoegiap -87- 8 G c CO 03 0 CO CO c o a) a) U X t C co 0 4) c O N LL C (LS 0 2 rn m r g �U C CD o acO 2) Lc) (3) ein }eiedwey ueew 4 C N t- O -88- 3.91, enogy s/Cep 0 O N O N 0 0 0 0 N.r t6 N Rs O -c 0 C C Y N CD 0 Q cn 07 E Q p O 4— 0 C to C c O O to 7 D7 A E 0 -c 4-^ 0 c as o TS N u> c O c a ;o C Q u) N .7+ CCs �S o ca .5 E 1 0 C I 0f L 0 0 0 E 0 CO C) N CO c SO N N CO CO 0 RS B 1 1 I ...c C C CD .1. -89- -90- CV 0 0 -C v o c I a, .c a k- O al O CO i 4 c, C .f V O "0 N 6 4— E C CO E a C 2, u .6 C u o O vi N L u c" N O C O E O O w u CU "0 aJ a1 C V a) N i=1 Q.� 03U N U 0 a sN O to C 2 G O vs, C r j U co O v- C O f6 U i°_ 3 to v) o c a.) cc r -f-1 O 'C c u v) O u a! E U O y a; M U y C7 CO cu tg p, 'C al C X E bD O t6 C 3 .0 C 0 •p Q7 v O w v c cu 4 C O aD C ar O_ v c v, O R E 5, .Q O a J .1-e C1 C U Eb .H i E aJ U to N Z Q `i C E ^L uE 7 6' _c L. E t C� atu Q c n Q<"0 4 uc C -91- Q fa 11 >t CIO W CO L J Q) c 4- L 4 Pla O V 0 CD 0 c 0 4-' c 0 L -92- 0 r w Ca tfl R tar: 5 U cL in -93- q qtt O m 13 00 03 CO C R U -94- -95- firma MINIM W -96- O v o re U N re C.) -5 r A _97_ 0 ft .-98- ke city ut KENA` ALASKA IN- LIBRARY LAPTOP LOAN POLICY CITY OF KENAI RESOLUTION NO. 2009 -69 New Text Underlined' [DELETED TEXT BRACKETED] -99- Suggested by Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE KENAI COMMUNITY LIBRARY POLICIES TO ADOPT RULES REGARDING IN- LIBRARY LAPTOP LOANS. WHEREAS, the Kenai Municipal Library has received grant monies for the purchase of laptop computers for use by library patrons and has acquired these new computers; and, WHEREAS, the Library Commission has recommended new policies for loans of the newly- acquired laptop computers and recommends these additional policies be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, a new section governing the loan of laptop computers be added to the Kenai Community Library Policies to read as follows: (a) Laptop computers are available to patrons for use in the library only. A valid Kenai Community Library card must be presented at check out and a Laptop Liability form must be filled out and on file. (b) Patrons must be at least 13 years of age to borrow a laptop, Patrons 13 -17 years of age must have a parent or legal guardian sign a liability form in person before first check -out. Patrons 13 -17 years old who do not have a Kenai Community Library card because of parental choice, must provide written authorization from a parent or legal guardian. The parent /legal guardian assumes responsibility for the laptop on their Kenai Community Library card. A library card is considered valid if the patron's information is current and the account is in good standing. (c) Laptops are available for loan on a first come, first served basis. Holds or advance bookings are not available. Laptops should never be left unattended. Users must abide by the Internet Safety Policy. (d) No food or drink is allowed when using the laptop. (e) The loan period is two (2) hours. Laptops are checked out and returned to the circulation desk. Upon return of the laptop, users are required to wait while the computer is checked to ensure all equipment is intact. Loan period may be extended subject to staff approval. Laptops must be returned at least 30 minutes prior to Library closing. Resolution No. 2009 -69 Page 2 of 3 (f) Documents should be saved to a USB drive. The Library does not provide these devices. All user files will be deleted when the laptop is turned off. Printing from the laptop is not available. The Library is not responsible for lost files for any reason. (g) The user agrees to assume any and all liability for the cost of repair or replacement in the event of loss due to theft, damage whether intentional or unintentional, negligence or misuse. A repair fee will be levied for damaged laptops based on the cost of the repairs plus an administrative fee. Any laptop equipment malfunctions should be reported immediately to Library staff. Fees for the laptop computer, power cord or adapter will be charged based on replacement cost. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 2009. ATTEST: Carol Freas, City Clerk HAL SMALLEY, VICE MAYOR New Text Underlined; [DELETED TEXT BRACKETED -100- the of KEN L ALASKA MEMO: "Village with a Past, CI y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch FROM: Mary Jo Joiner DATE: November 24, 2009 SUBJECT: Resolution regarding In- Library Laptop Loan Policy At their meeting on November 3, the Library Commission considered and approved an In- Library Laptop loan policy which they now recommend to Council. Our program here at the library is funded through a Tier 1 Rasmuson Grant and modeled on a successful program at the Anchorage Public Library. The loan policy that we hope to adopt is virtually identical to the one used in Anchorage and met with the approval of the Rasmuson Foundation. This policy as well as other documentation cluded in application packet. The D Foundation �:'aS L app ...at10r,. pa., u.. XUairnuSOn FUULLU LL J1J utu verify these documents and the success of the Anchorage program with the Library Director in Anchorage. We hope to begin the in -house circulation of laptops in January 2010. These laptops will have security software installed that is intended to protect against theft and includes technology to help in the recovery of an individual machine if it leaves the building. 1992 the city o/ MUUMUU December 3, 2009 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RENEWAL(S) At its regular meeting of December 2, 2009, the Kenai City Council considered the following renewal of the liquor license applicant(s) listed below and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Beverage Dispensary Tourism /Duplicate Beverage Dispensary Tourism Uptown ivlotei /Back Door Lounge 42237 Uptown Motel/ Louie's #1859 If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) "Village with a Past, Gi with a Future II -102- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us November 12, 2009 Dear Ms. Williams: Sincerely, KENAI PENINSULA BOROUGH LP p 144 North Binkley Street a Soldotna, Alaska 99669 -7520 I PHONE: (907) 714 -2160 o FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800- 478 -4441, Ext 2160 i EMAIL: assemblyclerk @borough.kenai.ak.us JOHN! BLANKENSHIP, CMC BOROUGH CLERK Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #2237 Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Beverage Dispensary Tourism Duplicate Uptown Motel Back Door Lounge #2237 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Johni Blankenship CMC Borough Clerk c: Applicant City of Kenai KPB Finance Department File -103- NOV 1 6 2009 1 KENA CITY CLERK November 12, 2009 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #1859 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Beverage Dispensary Tourism Uptown Motel Louie's 1859 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: '(907) 714 -2388 Toll -free within the Borough: 1- 800 478 -4441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, CMC BOROUGH CLERK -104- RECEIVE NOV 1 6 2009 L5 P CITY CLERK ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 24, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httr,: wwv.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda. Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bert Wagnon, Senior Vice President, Investments /Alaska Permanent Capital Management Review and Update 2. Ian Dutton, Alaska SeaLife Center, Seward Coastal Compact and Local Government's Role 3. Peter Klauder, Architect Proposed Cemetery Expansion Plan ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. *APPROVAL /LIQUOR LICENSE RENEWAL Restaurant Eating Place Public Convenience /Acapulco Mexican Restaurant #4740 ITEM E: MINUTES 1. *Regular Meeting of November 4, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 -105- *Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by 52,000 in the General Fund for Police Overtime. 4. *Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. 5. *Ordinance No. 2458 -2009 Increasing Estimated Revenues and Appropriations by $825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council, 6. Approval Renewal of Medallion Foundation Special Use Permit Airport Terminal 7. Approval Authorization for Leasing of Terminal Space by Chircop Realty /Airport Terminal Space 21 Kathy Chircop 8. Approval Classification of Tidelands for Shore Fishery Lease 9. Discussion Schedule January Work Session /Kenai Fire Departmen Needs, Billing and Collection Policies ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning ez Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and. Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM 11: DISCUSSION 1. Citizens (five minutes) 2. Council -106- ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT -107- Mike Boyle Pat Porter, Mayor (telephonic participation) Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis Robert Molloy ITEM A: CALL TO ORDER Vice Mayor Smalley 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 roil. Present were: KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 24, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MINUTES A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item B -2, Ian Dutton, Alaska SeaLife Center, Seward, Alaska Coastal Communities Global Climate Change Compact (Update) ADD TO: Information Item 5, 11/24 /09 R. Ross letter related to the Alaska Coastal Communities Climate Change Compact MOTION: Council Member Marquis MOVED to remove the November 4, 2009 council meeting minutes from the consent agenda and place them on the regular agenda. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. -108- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 2 MOTION: Council Member Eldridge MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. ITEM 13: SCHEDULED PUBLIC COMMENTS (10 minutes) 13-1. Bert Wagnon, Senior Vice President, Investments /Alaska Permanent Capital Management Review and Update Mr. Wagnon reviewed and updated council with the City of Kenai Airport Endowment Fund information distributed to Council, including portfolio review, asset allocation review and recommended no changes be made in investment strategies. 13-2. lan Dutton, Alaska SeaLife Center, Seward C ua.sicu CviiiNuca, and Local Government's Role. Dr. Dutton spoke in support of the City of Kenai signing on to the Alaska Coastal Communities Global Climate Change Compact and reviewed information related to the issue which was included in the packet, i.e. climate change, ocean acidification, and national security issues. He noted industries were involved in the development of the Compact and urged Council's support of the Compact, noting Alaska communities coming together on the issue would send a clear signal of concern. B -3. Peter Klauder, Architect Proposed Cemetery Expansion Plan Mr. Klauder stated his business address as 606 Petersen Way, Kenai, Klauder reviewed the three -phase design (included in the packet) developed through working with Administration and the Advisory Cemetery Committee. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. -109- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 3 ITEM D: PUBLIC HEARINGS (Testimony Limited to 3 minutes per speaker.) D -1, APPROVAL /LIQUOR LICENSE RENEWAL Restaurant Eating Place Public Convenience /Acapulco Mexican Restaurant #4740 Approved by consent agenda. ITEM E: E -1. MOTION: MINUTES Regular Meeting of November 4, 2009. Council Member Marquis MOVED to correct the minutes on Page 1, Item A -3, by amending to read "Council Member Marquis nominated Council Member Hal Smalley and Council Member Molloy Seconded the nomination" and to approve the minutes as corrected. Council Member Molloy SECONDED the motion. Council Member Marquis requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council member Molloy MOVED for approval of the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -110- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 4 VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. Introduced by approval of the consent agenda. G -4. Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by S8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. Introduced by approval of the consent agenda. G -5. Ordinance No. 2458 -2009 Increasing Estimated Revenues and Appropriations by r.825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. Introduced by approval of the consent agenda. G -6. Approval Renewal of Medallion Foundation Special Use Permit Airport Terminal MOTION: Council Member Moiioy MOVED to approve th e renewal of the Special Use Permit to Medallion Foundation at the Airport Terminal. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -7. Approval Authorization for Leasing of Terminal Space by Chircop Realty /Airport Terminal Space 21 Kathy Chircop MOTION: Council Member Eldridge MOVED for the approval to authorize leasing the glassed -in space (Space 21) at the Airport Terminal to Kathy Chircop (Chircop Realty) and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 5 There were no objections. SO ORDERED. G -8. Approval Classification of Tidelands for Shore Fishery Lease MOTION: Council Member Moore MOVED to approve tidelands to be made available for lease and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. It was noted both the Harbor and Planning Zoning Commission recommended the tidelands be made available for lease. VOTE: There were no objections. SO ORDERED. G -9. Discussion Schedule January Work Session /Kenai Fire Department Needs, Billing and Collection Policies A work session was scheduled for January 12, 2010 and beginning at 6:00 p.m. It was also requested the topics include the Kenai Fire Department needs and billing and collection polices, as well as credit card use (if information is not brought forward before the work session date). A light dinner was requested. ITEM H: COMMISSION /COMMITTEE REPORTS H- Council on Aging Council M_ ouna.l o... "�ur,��� Member Boyle reported the next meeting would be held on December 10, 2009 at 4:30 p.m. H -2. Airport Commission Council Member Eldridge reviewed the November 12, 2009 meeting summary which was included in the packet. 11-3. Harbor Commission Vice Mayor Smalley reviewed the November 9, 2009 meeting summary which was included in the packet and noted the letter of resignation received from Commissioner Poynor.. H -4. Library Commission Council Member Marquis reviewed the November 3, 2009 meeting summary which was included in the packet. He also noted the Commission's next meeting would be held on Wednesday, December 2, 2009 at 5:00 p.m. in order to hear the library expansion presentation by the architect prior to the council meeting H -5. Parks Recreation Commission Council Member Boyle reported the next meeting would be held on January 7, 2010. -112- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 6 H -6. Planning Zoning Commission Council Member Molloy reviewed the November 10, 2009 meeting minutes which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. 11-7b. Alaska Municipal League Report Mayor Porter, Vice Mayor Smalley, and Council Members Molloy and Marquis commented on seminars, workshops and meetings they attended while at the Annual AML Conference and Alaska Conference of Mayors. It was noted, the resolution forwarded by the Council related to second -hand smoke in the workplace, was not forwarded to the body for consideration. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Vice Mayor Smalley reported the next meeting would be held November 30, 2009 at 5:30 p.m. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions and discussions held at the November 10, 2009 Borough Assembly Meeting. ITEM I: items: Scheduled a dinner for commission /committee members for March 25, 2009 at the Challenger Center. Invitations would include the commission /committee member and one guest. Council and Administration, Department Heads would also be invited. She attended the rededication of the National Guard Armory. She finished the winter newsletter which would be mailed in the next few days. REPORT OF THE MAYOR Mayor Porter noted the folloadng She would accept the resignation of Doug Haralson from the Airport Commission. Ownership of the Woodridge Apartments recently changed hands and the building, parking lot, etc. would be renovated. Thanked Administration for finishing the coloration of the city logo. She attended the Veterans Day ceremony. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: Referred to his memorandum and cost estimate included in the packet related to possible improvements to the Central Heights Subdivision. He suggested he send out information to the residents and collect comments of what improvements they would like to have and whether they would be willing to pay for any portion of the costs. Council had no objections to beginning that process. -113- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 7 Referred to info uuation included in the packet related to raising the parking fees at the airport. He noted, the new fee would be based on a 24 -hour period, $5.00 fee, and would be effective January 1, 2010. It was also noted, the new computerized equipment for accepting payments would eliminate customers having to place tickets, receipts, etc. on the dash of their automobiles. On December 3, 2009, he would be meeting with representatives from TransCanada Pipeline Company about their project with Enstar. On February 3, 2010, which in Juneau for an Executive Compensation Committee meeting, he would also visit with legislators about City of Kenai issues. He was preparing the final paperwork on issuance of ADEC municipal matching grants. Council comments included concern related to raising parking fees at the airport. J -2. Attorney City Attorney Stearns noted she attended the Municipal Attorneys portion of the AML Conference and presented a workshop on attorney ethics. J -3. City Clerk City Clerk Freas reported she attended the Alaska Association of Municipal Clerks seminars, workshops, etc. and the AML Conference. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, Old Town, Kenai Wished all Happy Thanksgiving and stated he felt Kenai had a lot for which to be thanul. K -1. Council Porter Wished all a happy Thanksgiving. Moore Commented on the colored logo and removal of the All- America City logo and fish from the letterhead. Koch stated he would investigate. Eldridge Reported he understood Wal -Mart would be hiring management positions during the next week. Requested Koch assist the Visitors Center and Chamber in having State informational signs be placed on Kalifornsky Beach Road and the Spur Highway. Council stated no objections to the request. Wished all a happy Thanksgiving. Johnson Reported a fund drive for Ivy Howland would be held on December 5, 2009. Marquis Urged all to drive safely and wished all a happy Thanksgiving. -114- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 8 Molloy Thanked the presenters for their information. Thanked the clerk's Office for making his travel arrangements to attend the AML Conference. Wished all a happy Thanksgiving. Boyle Wished all a happy Thanksgiving and thanked all for their service to the City. ITEM L: PENDING LEGISLATION (This item Lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT Vice Mayor S tefd th next Cott l 1`,Ieeting would be held ey nC. nCl u would be Held on LICt;CiiUer 2, 2009 at 7:00 p.m. in the council chambers. MOTION: Smalley Thanked the presenters for their information. Thanked Clerk Freas for her assistance with meeting preparation. Wished all a happy Thanksgiving. Council Member Molloy MOVED to adjourn and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Council, the meeting adjourned at approximately 9:00 p.m. Minutes submitted by: Carol L. Freas, City Clerk -115- KENAI CITY COUNCIL MEETING NOVEMBER 24, 2009 PAGE 9 *'The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official 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. -116- z 0 U Z 0 e A N W N Z S W U 00 I w W o w o 0 0 o u. r2 Q w( Z W O W a F z 0 0 D 0 0 re J F co c7 J -117- J 0 0. a a -J z 7 O U 0 W W m U CD N 3N o m O a G W to w 0 w W a' Q W O ii co 0 cp w Z W O W L11 J 0 Z U 0 ree KEN ALASKA CITY OF I{ENAI ORDINANCE NO. 2459 -2009 Suggested by Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING SIXTEEN THOUSAND DOLLARS ($16,000.00) TO INCREASE THE COMPENSATION TO THE KENAI CONVENTION AND VISITORS BUREAU, INC. (KCVB). WHEREAS, the City of Kenai and the KCVB entered into a Maintenance and Operation Agreement effective July 1, 1998; and, WHEREAS, the amount of compensation for operation of the Center under the Agreement was amended October 2004 to 64,000; and, WHEREAS, the Council of the City of Kenai adopted the Annual Budget for the Fiscal Year Commencing July 1, 2009 appropriating 69,000 to Professional Services for compensation for operation of the Center; and, WHEREAS, the KCVB requires additional funds to perform the services under the scope of the Maintenance and Operation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that sixteen thousand dollars ($16,000.00) is appropriated for the purpose of increasing the compensation to the KCVB. General Fund Increase Estimated Revenues Appropriation of Fund Balance 16,000 Increase Appropriations Visitor Center Professional Services 16,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of December, 2009. PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED' -119 Ordinance No. 2459 -2009 Page2of2 ATTEST: Carol L. Freas, City Clerk Approved by Finance New Text Underlined' DEL ETED TEXT BRACKETED] -120- Introduced: December 2, 2009 Adopted: December 16, 2009 Effective: December 16, 2009 MEMO: TO: FROM: DATE: SUBJECT: City Council Rick Koch November 24, 2009 "Village with a Past, Gc y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1 11 1 Telephone: 907- 283 -7535 FAX: 907 283 -3014 Ordinance 2549 -2009, Amendment to Maintenance Operations Agreement between the City of Kenai and Kenai Visitors Convention Bureau (KCVB) The purpose of this correspondence is to recommend that Council approve an Amendment increasing the level of compensation for the KCVB under the above referenced Agreement effective July 1, 2009. I have conducted an analysis of the costs associated with the operations and maintenance of the facility as required by the City and find expenses incurred by the KCVB exceed income by approximately 16,000 annually. The KCVB and the administration are finalizing a new Management Agreement but in the interim I recommend this amendment be approved by the City Council. -121- 1997 AMENDMENT MAINTENANCE AND OPERATION AGREEMENT BETWEEN CITY OF IENAI AND KENAI CONVENTION AND VISITORS BUREAU, INC. Paragraph 9 of the Agreement effective July 1, 1998 between the City of Kenai ("City") and the Kenai Convention. and Visitors Bureau, Inc "Bureau is hereby amended as follows: 9. In addition to the fees collected by the Bureau as described in Paragraph 4 above, as compensation for operation of the Center, the City will pay the Bureau 85,000 per fiscal year, effective July 1, 2009. Any compensation due for portions of a month or fiscal year will be prorated based on the number of days the agreement is in effect during that year. The compensation described above will be paid in monthly installments upon billing by the Bureau. with all the other terms and conditions to remain the same. DATED this of 2009. CITY OF KENAI KENAI CONVENTION AND VISITORS BUREAU, INC. Bv: By: Rick R. Koch Natasha Ala City Manager Executive Dir AMENDMENT TO MAINTENANC AND OPERATION AGREEMENT -122- STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of December 2009, RICK R. KOCH, City Manager of the City of Kenai, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. STA I'E OF ALASKA )ss THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of December 2009, Natasha Ala, Executive Director of the Kenai Convention and Visitors Bureau, Inc., being personally known to being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. AMENDMENT TO MAINTENANCE AND OPERATION AGREEMENT Notary Public for Alaska My Commission Expires: -123- he eiy of KENAI, ALASKA MEMO: Village with a Past, Cit with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 TO: City Council It ik FROM: Rick Koch DATE: November 24, 2009 SUBJECT: Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park The purpose of this correspondence is to recommend Council approval of a one -year extension of the construction completion date for the lease of the above referenced property to David Schilling, on behalf of himself and Michael Schilling d/b /a Schilling Rentals. The milestone dates /actions regarding this lease are as follows: Original Lease Construction Deadline 12/9/06 12/9/04 Amendment #1- Extend. Construction Deadline 8/7/06 to 12/9/07 Amendment #2- Extend Construction Deadline 5/8/08 to 12/31/09 Amendment #3 -Lease Rate Renegotiation 5/29/09 The present lease rate is $9,600 per year, the lease is for a 55 -year term, and the size of the parcel is 52,500 s.f., or 1.21 acres. The lessee is current in all lease payments. The following are attached for your information: 1. A letter from Mr. Schilling to the City dated March 31, 2008 describing the proposed development. listod 1111 1992 -124- 111 2. A letter from lessee David Schilling requesting a one -year extension of the construction completion date for the above referenced leased properties. 3. A vicinity map. The City has not been approached by other interested parties in regards to this property. If the City Council agrees to extend the construction completion date for the referenced property to December 31, 2010, the attached Amendment to Lease would be executed. cc: Mary Bondurant, Airport Manager David Michael Schilling d/b /a Schilling Rentals Attachments -125- NOV 19 ,2009 Dear Sirs: re: Lot 14, Block 1, Cook Inlet Industrial Air Park (Plat #k -1448) Lease 2150.01. Enclosed please find a $100. 00 filing fee for this lease and we ask that the $2000.00 appraisal cost recovery deposit and the $2000.00 engineering, surveying and consulting cost be waived as this does not apply as we are requesting an extension on this lease. Thank You Dave Schilling Schilling Rentals 47 Spur View Dr Kenai, Ak 283 -3660 -126- March 31, 2008 City of Kenai 210 Fdalgo Street Kenai, Alaska 99611 Re: Amended Lease for Lot 14, Block 1, Cook inlet Industrial Airpark Subdivision Attn: Mrs. Kim Howard Dear Mrs. Howard: Landscaping Plan Item E ©rainoge Snow Storage 47 Spur View Dr Kenai, Alaska 99611 907- 283 -3660 -127- Rentabk The following information regarding our proposed amended development plan is being submitted pursuant to your request: No. 1. Devebpment Plan Item C Areas to be cleared Very little clearing will be needed as this property was fully site graded by the city after testing was completed in late 1996. There are a row of trees along the north boundary of the property. We intend to retain as many of these trees as possible during construction. Please see the landscaping plan submitted with the original lease application. We will make our lot conform esthetically with the courthouse parking area on Lot 13. AU areas around the proposed building will be paved to conform to the parking requirement. Code compliant storm drains will be installed and tied into the city system to prevent runoff into city streets. Areas along the north boundary of the building site will be used for snow storage. Additionally, we have a snow storage lot across Trading Bay Drive that can be utilized if needed. Snow will be transported to this lot via loader to minimize impact to city streets. 111111111 6 of 8 2008 005065 0 1 Zoning Comprehensive Plan The proposed development appears to meet the goals set out in the City's Comprehensive Plan dated Nov 5, 2003. DLS /mllt The subject lease property is located in the commercial business district of the city adjacent to the Third Judicial District Courthouse. The proposed use conforms to the applicable code for this area of (CC). If you have any additional needs or have questions regarding this letter or our Development Plan please feel free to contact my office at 283 -3660. Very truly you David Schilling, Partner SCHILLING RENTALS -128- II! 1111111p1 7 2008 -0050654 I- MKS- coc e -129- 4 0 II III80 1111111 2008 005065 0 Lot 14, Block 1 Cook Inlet Industrial Air Park Subdivision -130- November 24, 2009 AMENDMENT TO LEASE That certain lease dated December 9, 2004 and recorded at Book 2004- 012817 -0, between the CITY OF KENAI and DAVID SCHILLING AND MICHAEL SCHILLING d/b /a SCHILLING RENTALS, whose address is 47 Spur View Drive, Kenai, Alaska 99611, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska: Lot 14, Block 1, Cook Inlet Industrial Air Park, according to Plat No. K -1448 is hereby amended to reflect that the completion date of construction is hereby extended to December 31, 2010. AMENDMENT TO LEASE PAGE 1 0 LESSOR: CITY OF KENAI By: Rick R. Koch City Manager LESSEE: SCHILLING RENTALS By: David Schilling Approved as to form: Krista S. Stearns, City Attorney STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this day of 2009, DAVID SCHILLING, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2009, MICHAEL SCHILLING, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. AMENDMENT TO LEASE PAGE 2 OF 3 Notary Public for Alaska My Commission Expires: Notary Public for Alaska My Commission Expires: -132- By: Michael Schilling STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS LS TO CERTIFY that on this day of 2009, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Return to: City of Kenai. 210 Fidalgo Avenue, Kenai, AK 99611 AMENDMENT TO LEASE PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: -133- the ci v of RENAL ALASKA MEMO: TO: City Council FROM: Christine Cunningham, Assistant to City Manage/b Rick Koch, City Manager DATE: November 23, 2009 SUBJECT: HEA Fiber Optic Easement Homer Electric Association (HEA) has requested a l0 -foot utility easement for the purpose of installing an underground fiber optic cable. The easement will cross Airport Land, but the subject land is not part of the Airport Reserve.. The City Attorney has advised that because the grant of an easement is legally a "disposal" of City-owned property, KMC 22.05.010 requires the City Council to declare that the subject lands are not needed for a public purpose. The easement is non exclusive and should not prevent the City from using the easement for other utilities or purposes. Any disturbance of sidewalks, landscaping and other improvements in the easement area must be repaired or replaced by HEA in the event that it, or any of its contractors, work in the easement area. Planning Zoning, the Airport, City Lands and the Public Works Department have completed their review and approval of the easement application as required by the application process and submitted it to the City Manager for approval. It is the recommendation of Administration that Council declare the easement area described in the attached Utility Easement to Homer Electric Association, Inc. as not needed for a public purpose so that, the City Manager may grant the easement on behalf of the City. Attachment "Vcflaye with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 with a Future" trail 1997 UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee HOMER ELECTRIC ASSOCIATION, INC., with an address of 280 Airport Way, Kenai, AK 99611, and its successors and assigns, a utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, electric and telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services and for the transmission of electric current, under lands which the Grantor owns or in which the Grantor has an interest, and to construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace two above ground transformers upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width for the purpose of installing an underground fiber optic cable situated within. TRACT A -1 -R RA RCN PARK CrTRDIVISJON FIRE DDITION according plat number 97 -51 Kenai Recording District situated west Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai. and Kenai Peninsula Borough and more particularly described; Commencing at the northwest comer said Tract A -1 -B marked by 5/8" diameter rebar with yellow plastic cap found; thence S01 °38'23 "E 569.23 along the west boundary to the southwest comer of said Tract A -1 -B marked by 5/8" diameter rebar with yellow plastic cap found; thence N88 °22'27 "E 72.55 feet along north right of way line of Avenue to the intersection with the Homer Electric Association Inc. fiber optic cable route, the Point of Beginning being easement corner 1; Thence N01°42'42" W 82.11 feet cross said tract to easement comer 2; Thence N01°33 '43"W 111.59 feet across said tract to easement corner 3; UTILITY EASEMENT -135- Page 1 Thence N85 °57'25 "E 42.95 feet across said tract to easement corner 4; Thence N49 °54' 14 "E 36.26 feet across said tract to easement corner 5, Thence N34 °25'41 "E 10.51 feet across said tract to easement corner 6, the termination point of said easement. This easement is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement, after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of' Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above- described land and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this day of November, 2009. GRANTOR: CITY OF KENAI By: Rick Koch Its: City Manager UTILITY EASEMENT Page 2 -136- STATE OF ALASKA THIRD .IUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of November; 2009, RICK KOCH, KENAI CITY MANAGER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. ATTEST: Carol L. Freas, City Clerk SEAL: APPROVED AS TO FO Krista S. Stearns, Thy After Recording Return to: Homer Electric Association, Inc. 280 Airport Way Kenai, AK 99611 Notary Public for the State of Alaska. My Commission Expires: MENT Page 3 -137- -138- E. F'S -8 9651 9 a7r.�',9 hf5 3 969 P5-3 X 1 w igi Map Display zs mm 4 f r M mg 0 c y 11 tr.00a -i0 I rM np i T 4C0 irt+ z N I o 4 c< -138- THIRTY -DAY END DATE December 28, 2009 (actual would be December 25, a holiday) COUNCIL MEETING DATE (within 30 -day requirement) Wednesday, December 16, 2009 (not enough time for 15 -day notice to be sent and received) SIXTY -DAY END DATE Monday, January 25, 2010 (actual is Saturday, January 24, 2010) Ja nuary Council Meeting Dates Within t he Sixt. -Da- Period January 6 and January 20, 2010 cif of KENAIII. ALASKA TO: Mayor and Council Members FROM: DATE: November 25, 2 3 09 RE: KMC 14.20.290(6)(1), "Appeals Board of Adjustment" provides, cif Carol L. Freas. P Clerk City of Kenai 'Village with a Past, cit with a Future' MEMORANDUM 210 Fidatgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us Appeal Of Planning Zoning Commission Denial of PZ09.48, Encroachment Permit (17' Rear Yard) Lot 17, Block 2, Inlet View Subdivision 1st Revision 405 Rogers Road. Application submitted by Mark Diana Murrieta, 405 Rogers Road, Kenai, Alaska. A letter of appeal was received on Wednesday, November 25, 2009 for the above referenced matter. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Due to Mr. Murrieta's work schedule, he is requesting the hearing be scheduled between January 13 and 26, 2010 in order for him to be present. Please set a Board of Adjustment hearing for the above- referenced matter using the following information: Note: There were comments from council after more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. -139- Sunday Monday T esday Wednesday Thursday Friday Saturday 1 HOUDAY City Offices Closed 2 nu, S ti 1 W I F S h?ua; S 1 ,1 T W T F S 7 3 9 i,t 11 i? Li 1-0 i( 10 i7 18 14 2 9I 119 7 1 24 2 ?4 27 211 Yr 3_0 S, I :l 1 4 9 IU 11 12 1 14 12. ll 27 I$ 14 21 2l '.'d .`ti 24 Library Commission 7p, Council Chambers 6 City Council Meeting 7p, Council Chambers Parks Rec. Commission 7p, Council Chambers 10 11 Harbor Commission 7p, Council Chambers 12 G4A0'!"4 6cv Ip,N r 9 Pre. ate f ay ^T do 13 Planning and Zoning Commission 7p, Councii Chambers 14 Airport Commission 7p, Council Chambers Council an Aging 4:30 p, Senior Center 15 16 17 18 19 20 City Council Meeting 7 p, Council Chambers 21 22 23 24 25 26 27 Planning and Zoning Commission 7p, Council Chambers 28 29 30 3 1 January 2010 COUNCIL /COMMISSION MEETING CALENDAR -140- INFORMATION ITEMS 111 INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 1. 12/2/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 2010 Alaska Gaming Permit Application Kenai Senior Connection Pickle Hill Public Broadcasting 3. 201.0 Alaska Pull -Tab Vendor Registration Pickle Hill Public Broadcasting /Four Royale Parkers Pickle Hill Public Broadcasting /The Bow (Rainbow Bar) 4. December 1, 2009 Kenai Peninsula Borough Assembly Meeting Agenda. -142- J U Z O U O 0 0 0 0 0 M 0* 1fl c 4 0 N 0 fV O Q W to m Z 5 W W W co LL co O re 0 O Z O! W O uj N 5 Q J I 0 ce 0 a 2 O d U w O z 0 0 cc 0 O a. z U w 0 2 K 0 ct a 0) fz U z O m 0 -J -143- Prima yM m hang s+gn:tare Irimarvmembei [mail lag: namb Punted C.L. JWtf ne,.t^ Use y Pfe9 P +aIP.w4lcel rnahi se Srru 0 'State »t'r,0.:t. I AK Ploted name Fran 74,1 -1,e_/n y k D ate /5- cc/ -r2tt u t leimfrm Aet in asp ^sudnatur,, D sYarcC Paten same 08antgta bfianies slghat /re dederal ?IN. 4 'i2 -c /3/dz9 If ruY1¢w n;, enlei srnin per m /37, rPilntextr.ueu fists Firm niPntol nrskaine Ie101dri 56005Pd:ih:VllthlS, Irimarvmembei [mail lag: namb G $20001- s'c $510 Daytime Krone notes 40:5! 22,0 Mobile1umhri Florae mailing address :3 8 I .%ter, cot^ C- 0 'State »t'r,0.:t. I AK hp ‘797/ i Has the primary member passed the et? Ye, 0 11e n( un whim ,rs taken 0 New applicant $20 S0 $20,000 $20 G $20001- s'c $510 0 $100,001 or more $100 2010 Alaska Gaming Perm it ,A Organization information Bic ion REC 1!ED CLE Gr esmifine(x d seONy alpla ii V 17 D sYarcC ?A. a. dederal ?IN. 4 'i2 -c /3/dz9 If ruY1¢w n;, enlei srnin per m /37, p hone nineieoi cic' v/S ra IPaxnumbN 1 90/ b:3 5 ;P lSiyariilailb PER J� s.. te gV ^U Sii2 dL'{ireif Ma rling add 1s t2,Ca ,Le r Coo t -6- Oily 're.i aLe >I11 1 'Ili 1 AK i 3 ce knYl#ykype check on Qrgaaniaebon type (Cheek one) for dchnnorfn see AS 0> 15.690 ,na15A 600 Q DPdllce or lira &Tarn:ieot Poinicai ❑kelpp01A OWtero;vs 0 IRA/Native villas r A Cbrourailun El Pannersiiip 0 Mandolin Critgatitable 0 P5511mal 0 Pith or service ❑tabor 0 Dog rrtusnMS'1moti0n MUSClp /lily 0 Eituaiiona5 C3 Natpion•oae amriaucn 0Fisl/ng derby a1saaann 0 Outboard rrbta >?sxnbon Yes :Mg Dandle organization have i$ of more motets who aie,Aiasta reOmorras d,efinedin sour art pa of incorporation oibylavi3? Members in Charge e :Games. Mail to Al aska bepartlnent of Revenue Ta PO Rok 110420 Juneau, AK 99811.0N20 Phone (907)4634320 Fag (9071465•3008 wWwraxalaska.gov/gaming &26 14emceks3i chSd}emust henatoral norms and actfvemehlbeo 02 the osganka60n, or employ u8idOeility, anti a registered vetjdoi or ah employee bt a ven3orfdr this organization, ir mnrp than gine alternate, atlae1 a separate sh Leg a l Questions These questions mu he answered IryouanswotYestoe her au Otes No Does any mentor of management or any person who Is responsible for gaming ❑yes acuvtlres have a prohibited whiner oflraerest as defined by 15 AAC 16P9541 onitime Ado: Rota! `107- 2,13 •'rpaf L3 Ho palling ftddroy> 3$ L uty Kr- -144- rnafemerncOr firslname I MI Cta`t"r L 5055 1eMit'v 55111011 Division Ohe Copy of the application must be tent to the nearest muny See•insiruatona far man'd1tcry attahhmentf Pay online withr'OPS at wannetae.alask,gov or make check payable to State of Alaska. New applicants mutt pay by check. Retain a copy for your records 55 by She nrganizagG at h:(r 150 h at he 111111x1155 ssan'operamC Alternate member Iasi name N u Malley ('mill) f AK 9 cerrnt/ l vl which too was laden bias t'he allnnaie meniau pa std me rest? G Nn p 7 J for a e Msmidons ohs any me nber of management oral) person who isresocinsible for gamin) 5001111/01 evor been co.vkseJ of n felony, 00500 ion or a vioiMion of a lawn 555010900105155/51150150 1111iSdiCirri, Ihashaoime, Invoivinymelt ❑r dV,Nmnestyor a violation of garishhnq laws? We del s aderpendeyD[anSwctn {dl1ip(a501 sisal we Wee oxomssed dill applindison, Hte /ud5Pp any a mintier it and dial so the heft 0/sot knowledge and belief st i; /germ,' =Mete We widen one thosefi)> Use toddled! nstidenrrthespplieaton ad nay rnm6rmen[s is tru5BtriOle byksw ifv000r oignumte'4tselo:v we the pnwmryskernktt the 55/1 YSr 511050595115 mid05;mwLte, the manor al goes, agrfr(deirmethe Depprtln�ta iNieww winsinnl/Nttory we mass knee Motor/knee I51u1C Hip 9 Permit Fee 111e porini! fee is based on 2009 animater? moss Therms. Check the s,psopriatebog PoltliNGS -82.01 Web P>ev'n/09 Cii 2019. yogi: Opera:cc license a mai Ability name j m e 0 /Pet4 PliyalcaladdiesS Ithy ',isle Zip a- 4 MO perttlit 1.- I NAB? narne 1 tecility name Berne lype(s) Thysicaladosess e ted) ir c A more thaeltwo facilities, attath City l i State Pip 4 I Osq i is Wm Mlle t A K fl&J e c-'e 77ntteit4 i fialelea Penh R 7 3 1 2010 ALASKA GAMING PERMIT APPLICATION1 WSW 0 ill sisIC A 'Bs Ulalcilts 0' bstIll hi i s i 826 aci r y- ase Gaines se F It b ,c1 G if d e ted) ir c A more thaeltwo facilities, attath separate sheet *NO creme Sei7cev (ImpLur PlaySical address 6 5e-i rAA 1- CI City K. er- ,,f,,,■. %Be I Zip .1 4 I AK I 4, I'r C' 6, 7/ Fmk sype (them:Apes 'Pwntas, OttbSed Boated Gene )ype icna (k Il Mai apply) 0 any We 0P41 (P3 ikiumal dab's' (eluclenr 0 Anna' WW( liattMer Dsn a draw iriin* 0 batcdttairm Mobile phone 1 Biddy name Blysicelscloiest tey MX^ AK LII Cathay tpa (check one) CtOwited 0 teased DDonatatI Game type (check all Mat apply) 0 aingo ED Raffle C21 Blel-tarla ba Ananal etissK {cwt er 0 Aniniiii :wig (14 racer ED Bp cial thasetifle". :0 (Mama me' Area Game type (check all Mai applyj 0 Baffle 'D)fsentast SI Skill El I ist, derby 0 DOA isis ither: arm tem 0 Classic ltp+tifyl A rea Beme type idled, all JAMapply) M Raffia aloniffe, Oman Illeist) delay ID Doc heat coin 0 Classic ',specify) IViana er of GarliS Rn d on 1 .df-d r id o 11-zab a nd bingo quite y o. s RC I LI 5 a Msnabet MST name ha ananaciant name Spada misty flIntifl 1 ijely'jfilt ChM number Koine mailbag addteM Email Mobile phone 1 City State Zip 4 1 Has the matlager of carimt paSsed me semi 1 0 Yes 0 Me i Permit 1 under wilieli tssl moil 1 Vendor information era li 2010 vendor registration foriu(s) arid fee(s) fur nath vendor limed below Bar bi liquot ante name anysical address City State AK j 24-4. 4 at or liquor more name Physicalseptets up/ Stale Pip -A 4 AK 1 Bar or liquor store name Physical address City Same AK l bp 4- 4 Bar or liquor store name Physical Addiess Cily State i ,jip 4- a AK I 1 Ber et liquor store name Physical address thy StMA aip Area-based Games limcie than wile zdean, attach a separate sheet Operator rifternatiOn DOI nate 0 erarrir Who wffl conduct advities on the orgAnizalion's behalf. Attalth signed upending rontrand(s). If more than one oonfains path a se mate sheet, Multiple-beneficiary Perrnittee InformatiOn (MBP) Deatanati th t Br W ith Mich the organtza0on ha soneo a es r iottIventureaoren1ant Dedication of Net Proceeds Describe in detail how the organization Mil use gin het proce.ids inn) gaming actleilleC 0' 17e, d 4 le-A e.... 1- /e) ey 4t retcslei P el& C is. 7 1 R i i le 4 V i 4 7 n s t e n s -fry -like_ /-7 dte ea t l; e t\k/t 5 e. r /my- Con 7c-tr Vifroce-td Ik I IF I I\ e- 17rE 5 Paid n i derbeh CV..e.sfrt, ,5 r ce'n-17 -Cyr A> tjcp- Aid-y.4/J, 826 777 r Rota In p copy for yo ur 113 cords -145- r" Vitt tvjat anitttwolooso n:andaiwy oundimem isms 0405 -Sta6.2 web Rey 10/04 fis 2010 page 0 -4 -Arfrigne President or Other, "crlsignalure Instrntn MI Alt rte member asr name !S 6 G Primer •am Tail Bbk'e �.ar r Datlme phone number I 07� 3 9 1- o?O D ate /F Vri� name Dr ro17 cv ,i l /i P 71 Dai 0 r E Ahew( eM b. Char s signal is T Wim'r e P I^ tc [?o A D ate l l Managero(Games signalnre Printed name -0ate Altermemberfirst name 8 1^ MI Alt rte member asr name !S 6 G r'I'1I, Tail Bbk'e �.ar r Datlme phone number I 07� 3 9 1- o?O 27/06 MD H4 number c07- q� t0e70 Nom ilin itss cv ,i l /i P 71 State AK bp 9%/7-° Vb Nas the alternate member passed the [es[? e ❑Nc Permit 8 under which was taken X3 9'3 Primary member fits ti name Af•Ps1 1c5 Pt arymember last name vxl ev— Sneialsecurtrvnumber Email D O7 2 3' 3— iL /.33 M c ?number_ 9,I,'-ne2 No mailmgaddress 1, v 0, 13-c�"x ).5 City pwt2?! AK Zip +4 q6l )5g) Permit(u d which test was taken Hostile prirtwrymember passed the test? Yes 0 No 2010 Alaska Gaming Permit Application Organization Information FIN newing enter naming permit8 2 0/00717 /:317) O r y �anieaien ric1 name t1 11 Psii;c Pvoa I eep$i-in d v; )mac l 1 Entity type (check one) Organizatio XCeryoratinn G Partnership Association Wes 0 No Does the organization have 2S or Members in Charge of Games Mail to Alaska Department of Revenue -Tax Division PO Sox 110420. Juneau, AK 99811 -0420 Phone (907)465 -2320 -Fax (907)465 -3098 www. raealeska. gov /goming n 826 REC NOV 1 9 2009 KENAI CITY CLERK YPe G Charitable o Nicer service Deg mushers'assuclaten duration! Phone number 9O7 -a 3- s We bane address Q 11 fr-n cl l0- �k City e/t/L 7 t eck one) for definl ions, see AS 05.15,590 and 15 AAC 160.995 G Fraternal tabor o Municipality Nonprofit trade association 0 Fishing derby association Dulacard motor assodatlmt more members who are Alaska residents as defined inyaur articles of Incorporation or bylaws? Members In clxrgemust be natural persons and activemembers of the organization, or employees el the municipality, and designated by the organization. Membersi merge may not be licensed as ax operaru be registered wrldoe or anernpdoyee of a vendor for this organization. If more than one alternate, attach a separate sheet. Legal Questions These questions musfbe answered. If you answer Yes to either qu estio see instructions. 0 Ras any member of management or any person who is responsible for gaming aaNities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state, or another jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling lawn? We dedarq smderpenalty%unswrom (WSthmuon t rat we have examinedrhrs app(kmion, including anyanaehments another to the bestof our knowledgeand belie/ lr is tree and complete, WeuMcatand that oey foist statemenr made an the application crony attecMmnls is punisMblebylow. 8yowsignatures belova we the the atfemate member; and if applicable, the manager of games, agree mallow the Department of Revenue tamkw any criminal history we may hove, in accordance with LS Aril 093ra ❑Yes No Does any member of management or any person who is responsible for gaming GYes activities have a pwhibiled conflict of imerest as defined by 15 MC 160.954? One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory attachments. Pay online with LOPS at wwwtax.o/oska.gov or make check yabfe to State of Alaska. New applicants must pay by check. Retain a copy for your records -146- Department use only Validation 4 Date stamp Faxnumber 9°2- 28'3 -6 7G7 a K 2i G6 -021 Police Or fire tlep Political GRellgious G Veterans !RAMativevllag merit Permit Fee he permit fee is based on 2009 estimated gross receipts. (heck the appropriate box. form 0405 -026.1 web Rev 10109 for 2010 part 826 New app ficanl G 50- 520,000 '$20,001 5100,000 520 520 550 $i00,001ormore 5100 1 f al UN 2 (.2 /007)7 If renewing, enter gaming permit d /.3 l?) Phone number 9o7- ;.8'3-8t/33 1 Fax number 2.23 701 Or�°anizauonname r" i' c i.Up HO/ Pvb C I>>r o a cie c7 5 -t h y ,967- Websire address t R r o k <t r o d b i^ 9 Marro address J R. o, 11-3-2c 92) l City 0 7 State S AK tip +4 ciq /7 Entity type (check one) Organization type (check one) for define ions, see AS 05.15.690 and 15 AAC 160.995 X Cniporauon. 0 Partnership o Assodation 0. Charitable ❑Fraternal Police or fire department 0 Civic or service ❑labor ❑Political 0 Dag mushersassociation ❑Municipality' i ❑Religious duatIonat Nonprofit trade association ❑Veterans Fishing derby association Outboard motor association OIRA /Natvevillage 9 es ❑No Doe he organization haw 25 or t em ho Ala sid defined in your es of In rporation Pr •+y in �t Presrdentor other in signature .,s. i� cerS slgnamm iron Ah m to memberlas }name IS 6 D if 6' r Mi Print° am /;1 Y l n ame 5'1- a h Pa eJ e r r 4 ©o K Wt l y coq pate Date IP? /e9' Age, b r n Chary TSSigndl e 7' of if Manager ebonies signature Printed name Date Alter member first name Efr AR Ah m to memberlas }name IS 6 D if 6' Social seebdty rib Email Q r Daytime phonenumber 9 07 3 9Ll -'v4O Mobile number Moil 9'07- 31 -'CL/0 Rom ing address 7/ 6, V City D St t'p 9 —CVo Hasshe alernate member passed lnrtea7 ❑nip Permit a under which test was taken Primary member fim name A11eh ICI Nip ry member lass name vxi E' Y Email 1 I r /[her r�R ll lc ode O.OV Snrul warily wmbn -0 ime phone number 107 -a 8 3 fi x /3 3 allc number .71 D7 -3 fr -fly 3 Ho mating address P, 0, lax 13" City /�ealt 7/ State AK trp 9 g611-i3eJ Permit #undLr.wMch taw was taken 1 5t1 Has the primary member passed the rest? Yes ON 2010 Aiaska Gaming Permit Application Organization Information Members in Charge of Games Members in ehargemnstbenatural persons and active members of the organization, or employees of the muNdpallty, and designated by the organizaton. Members In charge may not be fcensed operator, be registered vendor or an employee of a vendor for this organization. if more than one alternate, attach a separate sheet Legal Questions These questions must be answered. If you answer Yes to ei her question, see instructions. .❑Yes No Does any member of management or any person who is responsible fof gaming 09451/1‘ Has any member of management or any person who is responbble for gaming acuvllies have a prohibited conflict of interest as defined by 15 AAC 160.954? activities ever been convicted of a felony, extortion, or a violation cia law ur ordinance of this state, or another jurisdiction, that is a crime involving thee, or on_ 1 D10111'011 „f gamb!i taws? die, P: y, y y We dean u n d e r penalty of utswornlarslhmtimtmar we have e x a m i n e d Mrs a p p l i c a t i o n Including any aaathmenrs, and rhetro thebesrafoalknowledgeandbeliefd u e is tr Band compete We understand that any vise torment modem theapplicat iazaranyallachmedrs a penehablebylaw 8y ow signatures below, weflrepimary member, the °trernalemembea and if applicable the manager olgamea agreeto alloy the DepanmenrofRm'muell renew onymminal history wemayhav, in cameo/ice with 15 AA 3t Mail to Alaska Department of Revenue Tax Division PO Bar 110420- Juneau, AK 99811 -0420 Phone (907)465 -2320 Fax (907)465 -3098 www.razalaska gov /gaming 826 RECEIVED NOV 1 9 2009 KENAI an CLERIC One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory attachments Pay online with TOPS at www taxalaska.gov or make check yable to State cr Alaska. New applicants must pay by check. Retain a copy for your records -147- Permit Fee The permit fee is based on 2009 estimated gross receipts. Check the appropriate box Form 0405- &26.1 web Rev 101 for 2010 page 1 826 N ew applicant 520 $C $20,000 520 5 20,001 5100,000 550 5100,001 or more 5100 Federalf.114 or Social SecurltyNumbe" —O/ `7 L Bevengn d ispensary licenser x— Business license e and Package sore bane 8,—,.. t) 1 X t' O r Owrii0e 7 Pk You n_2 &ai essname d I q Per) r 1 P W 5 Phone mm�ber 5 6 2- /4 7 0 Ph i ca l addressofvenQorlg ni 5 (a !R 5 /�AN F number 70? 50o Stare AK -X) 3 757 I ba/ p 'Iton Mailin s g t ft T r 30 Or t 5rito7 St k Zir+ c %(o? CGt lvendor long ton 3 0 ICoshc) 2010 Alaska Pull -tab Vendor Registration A reg stration is required for each vendor location. A permittee may not contract with mare than five vendors at one time. Apply online at ww:tax.alaskagov/gaming. Permittee Information ll 94 2 -0 1007 17 Ph rO e 7' 2 8- 3 2 L/ 3 Gaming p ermit c J Men9 r ing^p rqe t7 n i A tJXl e l 854 nenniree e nam 1',ctkr P; P��lrc 1 ro cj Ca5hIfl M tuber lb harg p hone number r o 7 S'3 L egal Questions 'lf your buslnesshos not been issued a lederal Elk, you ore rgdrmd to prove de your soda security nurnyet These questions must be answered by the vendor, the vendor answers Yes to any question, please submit the person's name, date of birth, nodal security number and post ion or responsibility. oYes No Has any member of management or any person who is responsible for gaming activities ever been convicted ofa felony, extortion, or a violation ofa law or ordinance of this state or another jurisdiction, that is a crime involving theft or dishonesty, or a violation of gamhing Taws? oYes No Do you employ or have a contract with the primary or alternate member in charge, officer, board member or manager of gaming for the above organization? oYes`q'R Do you have a contract other than a vendor contract with the organiaatron listed above? Vendor Contract to Sell Pull -tabs Pursuant to AS 05.15388, the vendor listed above hereby agrees to -sell pull -tabs as a vendor on behalf of the perrnittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs On behalf of the permitteeN 3 0 of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall he paid by check by the vendor to the permittee upon delivery of a pull -tab series. AS 05.15.1880). It Is further agreed that the vendor will ensure pull -tab winners of 550 or more will complete prize receipt forms; that prize winner summary form will be completed for each cull -tab game and retained with those winning pull -tabs AS OS.15.187(i); and these records of pull -tab winners will be given to the permittee to retain for the required two or three years. AS 0515.187(0. It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor Is no longer eligible to sell pull -tabs, then all unopened and opened pub tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull -tab games must be treated In accordance with 15 ArftC 150490. We under Penalty of unsworn falsification, that we have examined this form, mduding attachments, and that to the best of our knowledge and belief, it rs true and complete. We understand thatanyfatse statement made on this document or attachments is punishable by taw. Pr riodoame f Da Signature of vendor 51 i 854 Ib firkin na7 Department use only, validation n Department use only: Registration Fee is $50 Pay online with TOPS at wwty rax.alasko.gov or make die k payable to State of Alaska. This registration form must be attached to a permit application form and will not be processed until the fee is received. Retain a copy for your records -148- 1 6eK o leh Aux; e w Fenn 0405 -2541 web Rev 10709 for 2010r page 1 Federal El N l 2- 01 0071 7 Gaming permit 13 '3 tnemriuee name P ;LckTe -dill Pub l; Broa cltE's l in1 Phone be U7 ;S ty33 Member •mza s vi l er M ar m charge phenenumher G 7 2 53 Vendor Information FederalEl Social Security Ntmber a Li -oi Beverage dispensary license p Packages tore licenser Own e MM /C zr ei /1c CrF2h HI 6 siness licensed dg S pone number �07-z�3 y65 6 7 Faz number "Business name T /1f a w Milling dddlPSS SU S; i nn physica ddress of render lncallnn l sea 5, /qa dyat o ene ln a h Stale 'I 976 GIY 1 er 1 'L� I L t't j Zp I Il0 2010 Alaska Pull -tab Vendor Registration A registration is required for each vendor location. A perminee may not contract with more than five vendors at one time, Apply online at wwwtox "oMskagov /gaming. Permittee Information Legal Questions These questions must beanswered by the vendor. if the vendor answers Yes to any question, please submit the person's name, date of birth, octal security number and position of responsibility. ❑Yes )(No Has any member of management or any person who is responsible for gaming activifies ever been convicted of a felony, extortion, or a violation of law or ordinance of this state or another jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? OYesNo Doyou employ or have a contract with the Ornery or alternate member in charge, officer, hoard member or manager of gaming for the above or nizati oYes t4 No Do you have a contract other than a vendor contract with the organization listed above? Vendor Contract to Sell Pull -tabs Pursuant to AS 05.15.188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permitt The vendor further agrees that, as compensation thr expenses incurred in selling pull-tabs Oft behalf of the permitteeN of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the perminee upon delivery of a pull -tab series. AS 05.15.188(1). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that prize winner summary form will be completed for each pull -tab game and retained with those winning pull -tabs AS 05.15,1870); and these records of pull -tab winners will be given to the perminee to retain for the required two or three years. AS 05.15,187(f It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, If the vendor Is no longer eligible to sell pull -tabs, then all unopened and opened pull -tab games shall be returned to the permitee within 10 days. If the perminee loses the privilege to conductgaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160A90. We dedare, under penalty of unswom falsification, that we have examined this form, including attachments, and that, to the best of our knowledge and belief, It is true and complete. We understandthatanyfalse statement snad'' this document erattachments Is punishable by raw. or Pn e 4 aame Dam 5grjnp. v ven a r G till 776, Srgr pp rt o�l��t in drargp Nrindnam Dale C/C L l r i �.i. H i i e 1 V Xr t P //47-09 l Registration Fee is $50 Pay online with TOPS at wwwiax.alaskagov or make check payable to State of Alaska. This registration form must be attached to a permit application form and will not be processed until the fee is received. 854 Retain a copy for your records Form U405 -354.1 weh Per 16/1)7 for 7010• page I -149- "If your business has not been issued a federal Elk, gnu are required m provide your social sec Department use only: validation Deparrrnent ese my date stamp 854 lynrmbe Kenai Peninsula Borough December 1, 2009 7:00 PM ere Sprague ssembly President eat 4 Soldotna erm Expires 2010 !al Smalley ssembly Vice President at 2 Kenai 'erm Expires 2011 aul Fischer ssembly Member eat 7 Central 'erm Expires 2010 fako Haggerty ssembly Member eat 9 South Peninsula "pires2012 Knopp ssembly Member eat 1 Katifornsky Cm Expires 2012 ue McClure ssembly Member eat 6 East Peninsula 'erm Expires 2012 harlie Pierce ssembly Member eat5- Sterling/FunnyRiver 'erm Expires 2011 711 Smith ssembly Member 'eat 8 Horner erm Expires 2011 >ary Superman !ssembly Member 'eat 3 Nikiski erm Expires 2010 A. 13. C. INVOCATION D. F. G. H. 1. K. CALL TO ORDER Regular Meeting PLEDGE OF ALLEGIANCE ROLL CALL COMMITTEE REPORTS Assembly A APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to he routine and non controversial by the 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 Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES 1. November 10, 2009 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. South Peninsula Hospital Quarterly Report (10 minutes) 2. Tim O'Brien, "Winter Access into Gray Cliff and Moose Point Subdivisions" (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 13 1 Agreements and Contacts a. Authorization to Award Contract for 4x4 Medic Unit(s) and Equipment for Anchor Point Volunteer Fire Department and Central Emergency Services 14 Borough Assembly Chambers, Soldotna, Alaska December 1, 2009 Page 1 of 5 -150- b. Authorization of Award of Contract to Hopkins Brothers Construction for Rocky Ridge Landfill Operations and Maintenance 16 Other Authorization to Award Contract for Greer Road Fuel Reduction Project to AAA Ranger 18 a. Spruce Bark Beetle Mitigation Program Monthly Status Report for October, 2009 20 b. Revenue Expenditure Report October, 2009 23 c. Budget Revisions October, 2009 26 d. Enstar correspondence re: contract with Anchor Point Energy, LLC 28 e. Latest School District Enrollment Numbers Funding to the Cap L. I'1'EMS'NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2009- 19 -15: Accepting and Appropriating a S13,000 Donation from Chevron for the Purchase of Firefighting Equipment (Mayor) (Referred to.Finance Committee) 29 2. Ordinance 2009- 19 -16: Accepting and Appropriating Grant Funds from the U.S. Department of Energy in the Amount of $192,200 and Appropriating Borough General Funds in the Amount of $150,471 to Complete the Ninilehik School Re- Roofing Project (Mayor) (Referred to Finance Committee) 34 3. Ordinance 2009- 19 -18: Accepting and Appropriating Funding from the State of Alaska in the Amount of $993,996.85 for General Government Purposes under the State's 2009/2010 Community Economic Stimulus Program (Mayor) (Referred to Finance Committee) 43 4. Ordinance 2009- 19 -19: Appropriating $187,302.57 from the General Fund Through the Solid Waste Department to Partially Fund the Constuction of a Turn Lane on the Sterling Highway (Knopp) (Referred to Finance Committee) 51 5 Ordinance 2009- 19 -20: Appropriating $19,000 for Payment of Lobbying Services (Mayor) (Referred to Finance Committee) 54 December 1, 2009 Page 2 of 5 -151- 6. Ordinance 2009- 19 -21: Appropriating $10,054 of CES Funds to Fund Costs Associated with Central Emergency Services Funny River Station Living Quarters (Mayor) (Referred to Finance Committee) 57 O. NEW BUSINESS Ordinance 2009 -50: Requiring Retail Sellers of Liquid Petroleum Products to File a Monthly Report with the Kenai Peninsula Borough Concerning the Quantity of Such Products Sold (Kropp) (Referred to Finance Committee) 61 N. UNFINISHED BUSINESS 1. Postponed Item a. Resolution 2009- 105: Authorizing the Road Service Area to Allocate Funding in the Amount of $374,605.14 to the Alaska Department of Transportation and Public Facilities for a Portion of the Costs Associated with the Construction of Turn Lanes on the Sterling Highway at the Central Peninsula Landfill Milepost 98.5 (Mayor) (Referred to Finance Committee) 65 1. Resolutions Resolution 2009 -112: Approving the 2010 Labor Negotiation Procedures for a New Collective Bargaining Agreement (Mayor) (Referred to Policies and Procedures Committee) 75 Resolution. 2009 -113: Authorizing South Peninsula Hospital, Inc. to Enter into a 5 -year Lease for Infusion Pumps (Mayor) (Referred to Finance Committee) 81 Resolution 2009 -114: Authorizing the Administration to Amend the Lease and Operating Agreement for Central Peninsula Hospital, Heritage Place, Kenai Health Center, and Other Health Facilities to Add Additional Properties to the Leased Facilities (Mayor) (Referred to Finance Committee) 84 Resolution 2009 -115: Authorizing the Mayor to Extend the Agreement for Health Benefit Administration with Meritain Health until June 30, 2010 (Mayor) (Referred to Finance Committee) 90 Resolution 2009 -116: Authorizing Community Revenue Sharing Program Expenditures for Unincorporated Communities (Mayor) (Referred to Legislative Committee) 93 December 1, 2009 Page 3 of 5 -152- Q. 2. Ordinances *b. Ordinance 2009- 19 -23: Appropriating $50,000 from the Seward -Bear Creek Flood Service Area for Repayment of Funds Advanced by the Borough's General Fund in FY2009 (Mayor) (Hearing on 01/05/10) (Referred to Finance Committee) 107 Other *c. Confirming an Appointment to the KPB Planning Commission (Referred to Policies and Procedures Committee) 130 Cindy Ecklund City of Seward Term Expires: July 30, 2011 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. January 5, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS Resolution 2009 -117: Supporting Efforts to Mitigate Highway Impacts on Wildlife from Mile 58 to Mile 79 of the Sterling Highway by the Alaska Department of Transportation and Public Facilities, the U.S. Fish and Wildlife Service, and the Federal Highway Administration (Mayor) (Referred to Legislative Committee) 99 Ordinance 2009- 19 -22: Appropriating $4,960,000 in General Obligation Bond Proceeds to the Bond Capital Projects Fund for Central Peninsula Landfill Expansion Project (Mayor) (Hearing on 01/05/10) (Referred to Finance Committee) 104 Ordinance 2009 -53: Authorizing the Sole Source Purchase of Vehicle Maintenance Equipment for Central Emergency Services from Chumley's, Inc., and Waiving the Requirement to File a Notice of Intent to Do Business with the Borough (Knopp, Pierce) (Hearing on 01/05/10) (Referred to Policies and Procedures Committee) 110 Confirming Appointments to the Board of Adjustment (Referred to Policies and Procedures Car/unit 115 Confirming Appointments to the Board of Equalization (Referred to Policies and Procedures Committee) 122 December 1 2009 Page 4 of 5 -153- PENDING LEGISLA'1'ION (Th s item lists legislation which will be addressed at a later date as noted.) 1. Resolution 2009 -109: Approving Job Descriptions for Legislative and Confidential Service Employees in the Clerk's Office (Pierce, Smalley) (Postponed until 01/05/10) (Referred to Policies and Procedures Committee) Ordinance 2009 -51: Authorizing an Amendment to the Tsalteshi Trails Association Lease to Provide a Ten Year Extension of the Term (Mayor) (Hearing on 01 /05 /10) (Referred to Lands Committee) 3. Ordinance 2009 -52: Amending Title 16 Service Areas, to Allow for Board Members to Be Appointed by the Mayor and Confirmed by the Assembly When a Vacancy Occurs Outside of the Election Cycle (Pierce) (Hearing on 01 /05 /10) (Referred to Policies and Procedures Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on January 5, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This inesting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201 AO -FM 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.boroughkenai.akus for copies of the agenda, meeting summaries, ordinances and resolutions. December 1, 2009 Page 5 of 5 -154- NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. 2. Ordinance No. 2457 -2009 Increasing Estimated Revenues and. Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. 3. Ordinance No. 2458 -2009 Increasing Estimated Revenues and Appropriations by $825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. 4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility. 5. Resolution No. 2009 -69 Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In.- Library Laptop Loans. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: Decen2ber 3, =2009 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF DECEMBER 2, 2009 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. 2. Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. 3. Ordinance No. 2458 -2009 In.creasing Estimated Revenues and Appropriations by $825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. 4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility. 5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. 6. Resolution No. 2009 -69 Authorizing Amendment of the Kenai Commun Library Policies to Adopt Rules Regarding In- Library Laptop Loans. 7. *APPROVAL OF LIQUOR LICENSE RENEWALS Uptown Motel /Back Door Lounge #2237 (Beverage Dispensary Tourism/ Duplicate) Uptown Motel /Louie's #1859 (Beverage Dispensary Tourism) 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 and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: November 25, 2009 CITY OF KENAI NOTICE OF PUBLIC HEARING DECEMBER 2, 2009 y AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENT 1. Brian Meissner, ECl/Hyer Architects Library Expansion 2. John Bost, Mikunda, Cottrell and Company Comprehensive Annual Financial Report 3. Sal Mattero, Friends of the Kenai Community Library Check Presentation for the Building Expansion Fund. 4. Natasha Ala Laura Forbes, Kenai Convention Visitor Center Performance Management Survey /Association of State Local Histories ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. 2. Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. 3. Ordinance No. 2458-2009 Increasing Estimated Revenues and Appropriations by $825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. 4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility. 5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. 6. Resolution No. 2009 -69 Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In- Library Laptop Loans. 7 *APPROVAL OF LIQUOR LICENSE RENEWALS Uptown Motel /Back Door Lounge #2237 (Beverage Dispensary Tourism/Duplicate) Uptown Motel/ Louie's #1859 (Beverage Dispensary Tourism) ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. 4. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals. 5. Approval Utility Easement to Homer Electric Association, Inc. Fiber -Optic Cable Placement/Ten Foot Wide Strip of Land Situated Within Tract A -1 -B, Baron Park Subdivision Fire Addition. 6. Discussion Schedule Board of Adjustment Hearing EXECUTIVE SESSION None Scheduled ITEM M: 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 http: /www.oi.kenai.ak.us. Carol L. Freas, City Clerk D/211