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HomeMy WebLinkAbout2009-12-16 Council PacketCOUNCIL MEETING DATE: Mayor/Council Clerk Police De artment Senior Center i Attorney City Manager Finance Airport r / / Feltman/Flo d Kebschull/Carver Ogle Christine Library (2) Parks & Recreation Clarion Fire Department Student Pee. Mellish Hall Binder Schmidt AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop Dock Building Maintenance Animal Control Water/Sewer 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 Peninsula 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. 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CITY CLERK • 12/ 16/09 email message from Stephen W. Hansen, Tesoro Alaska Refinery opposing Resolution No. 2009-68. CITY CLERK ADD TO ITEM D-2(B), Resolution No. 2009-68, Substitute B -- Council Member Molloy memorandum with attached Associated Press news report. CITY CLERK No changes. KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www,ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (HEA) -- HEA Interconnection Guidelines...................................................................... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc....................................................................................... 1 a. Substitute Ordinance No. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc.(KCVB)............................................................................ 6 2. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact................................................................................ (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009-68 for a second public hearing to be held at its December 16, 2009 meeting.) 0 a. Substitute A, Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact .......................... 58 KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us IY��c'rls • • - � 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. Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (HEA) -- HEA Interconnection Guidelines...................................................................... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc....................................................................................... 1 a. Substitute Ordinance No. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc.(KCVB)............................................................................ 6 2. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact................................................................................ 9 (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009-68 for a second public hearing to be held at its December 16, 2009 meeting.) a. Substitute A, Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact .......................... 58 b. Substitute E, Resolution No. 2009-68 -- Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri-Borough Commission........................................................... 63 3. Resolution No. 2009-70 -- Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the HIN1 Virus ......................... 76 4. Resolution No. 2009-71 -- Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough......................................................................................... 77 S. Resolution No. 2009-72 -- Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library ExpansionProject.......................................................................................... 84 6. Resolution No. 2009-73 -- Approving the Facilities Management Agreement for the Kenai Visitors & Cultural Center to the Kenai Convention & Visitors Bureau From January 1, 2010 to December 31, 2013................................................ 89 7. Resolution No. 2009-74 -- Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade-2009 for the Total Amount of 29,881.94...................................................................................................... ill 8. Resolution No. 2009-75 -- Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security................................................................... 113 9. *LIQUOR LICENSE RENEWAL -- Country Liquor # 1308/Package Store............ 116 ITEM E: MINUTES 1. *Regular Meeting of December 2, 2009............................................................. 118 ITEM F: 1. 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.................................................................... 132 (Clerk's Note: At its December 2, 2009 meeting, the City Council referred the Extension of Construction Schedule to the Airport Commission for review and comment and requested the item be returned for Council consideration at its December 16, 2009 meeting.) 1. Bills to be Ratified......................................................................................... 143 2. Approval of Purchase Orders Exceeding$15,000............................................. 3. *Ordinance No. 2460-2009 -- Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program .................................................. 144 4. Approval -- Mutual Rescission of Lease/Arctic Barnabas Ministries, Inc. -- Lot 9A, Block 5, General Aviation Apron Subdivision No. 5.................................... 147 5. Discussion -- Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas ........................ 153 ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission........................................................................................ 156 3. Harbor Commission....................................................................................... 157 4. Library Commission....................................................................................... 160 5. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 163 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... 169 b. Alaska Municipal League Report................................................................ c. Mini -Grant Steering Committee.................................................................. d. Kenai Convention & Visitors Bureau........................................................... 170 e. Reports of KPB Assembly, Legislators and Councils .................................... ITEM I: REPORT OF THE MAYOR ........................................................ ITEM J: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 176 2. City Attorney................................................................................................. 3. City Clerk...................................................................................................... ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: 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. (Cleric'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.) -- Pending Litigation and Financial Matters INFORMATION ITEMS DECEMBER 16, 2009 Page No. 1. 12/16/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 188 2. 11 / 1 1 /09 W. Hogan, Commissioner, Department of Health & Social Services letter commending the City of Kenai staff for its dedication ................................ 189 3. 2010 Alaska Gaming Permit Applications -- • BPOE Kenai Elks #2425 • Fraternal Order of Eagles Aerie#3525.......................................... 190 4. 2010 Alaska Pull -Tab Vendor Registration -- BPOE Kenai Elks #2425................ 196 5. ivovember, 2009 Kenai Municipal Airport enpianement Report .......................... 198 6, 12/10/09 Kenai River Special Management Area Board of Directors meeting agenda and I1/12/09 meeting minutes........................................................... 199 7. 2009 Planning & Zoning Resolution Report ...................................................... 200 Suggested by: Administration tea} yn p,��5p{gy IIfG L!% 0/ CITY O2' �YL` NAI 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 16t day of December, 2009, PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2459-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: ✓ ,� New Text Underlined; Introduced: December 2, 2009 Adopted: December 16, 2009 Effective: December 16, 2009 TEXT BRACFMTEDJ AMENDMENT MAINTENANCE AND OPERATION AGREEMENT BETWEEN CITY OF KENAI 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 By: Rick R. Koch City Manager AMENDMENT TO MAINTENANCE AND OPERATION AGREEMENT -3- KENAI CONVENTION AND VISITORS BUREAU, INC. By: Natasha Ala Executive Dir 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. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )Ss THIRD JUDICLA.L DISTP CT ) 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 Down 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: 53 H vilta e with a Past Cd "wit/ a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611 7794 bftd �f� i Telephone: 907-283-7535 / FAX: 907-283-3014 1 1992 u TO: City Council FROM: Rick Koch DATE: November 24, 2009 Zq 59 SUBJECT: Ordinance -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. -5- J 46 � me ' f // KENAAL SKA CITY OF KENAI SUBSTITUTE Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $31,000 IN THE GENERAL FUND 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 operations 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 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 performs the services under the scope of the Maintenance and Operation Agreement; and, WHEREAS, the City has agreed to increase compensation for the six months ending December 31, 2009 to a rate of $95,000 per year for operations of the Center, including advertising in the KCVB Annual Visitors Guide; and, WHEREAS, pursuant to a new Maintenance and Onerat_on Agreement effective January 1, 2010, the City will compensate the KCVB $125,000 per year for operations of the Center, including advertising in the KCVB Annual Visitors guide; and, WHEREAS, the total amount in excess of budgeted amounts for the aforementioned increases is $31,000 through June 30, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Visitor Center — Professional Services New Text Underlined; [DELETED TEXT BRACKETED] -6- $31,000 $31,000 SUBSTITUTE Ordinance No, 2459-2009 Page 2 of 2 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: PAT PORTER, MAYOR Introduced: December 2, 2009 Adopted: December 16, 2009 Effective: December 16, 2009 New Text Underlined; [DELETED TE)Cr BRACKETED] -7- FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 1 FAX: 907-283-3014 KENAIAAL SKA To: Rick Poch, City Manager I /, From: "ferry Eubank, Finance Director Date: December 9, 2009 Re: Substitute Ordinance 2459-2009 Subsequent to preparing Ordinance 2459-2009 an agreement was reached with the Kenai Convention and Visitors Bureau, Inc., (KCVB) the operator of the City's Visitor Center, on a new operating agreement. In addition to the increase in annual compensation proposed to the KCVB in the original version of Ordinance 2459-2009, the new operating agreement has an additional increase in compensation. The FY201.0 Budget included annual compensation for KCVB of $79,000 including advertising in the KCVB Annual Visitor Guide, The original version of Ordinance 2459-2009 increased the amount of compensation to $95,000 annually and included advertising in the Annual Visitors Guide. The annual difference. is $16,000 or a FY2010 increase of $8,000 for the period July 1, 2009 through December 31, 2009. Effective January 1, 2010 the annual compensation for the operating agreement will be $1.25,000 annually. The FY2010 increase need to fund this change will be $23,000 for the period January 14, 2010 through June 30, 2010. The total FY2010 increase needed for these changes is $31,000. in Suggested by: Council Member Molloy �\ rke ty°f ✓/ CITY OF KENAI KENAI, ALASKA RESOLUTION NO, 2009-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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 regarding the potential for development of renewahle energy in Alaska �* a s .. 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, IN 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 Iighting 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 loth day of December, 2009. 6n Resolution No. 2009-68 Page 3 ATTEST: Carol Freas, City Clerk -11- PAT PORTER, MAYOR BOB MOLLOY (907) 283-7373 (VOICE) - 283-2835 (FAX) bob@molloyforcouncil.com TOMayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley FROM- Bob Molloy DATE- 11-24-09 SUBJECT: 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 concern 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 mitigate 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. 7 /� ! Bob Molloy Yi -12- AI.,ASKA'COASTAL COMMUNITIES GLOBAL. 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 bologi- cal ocean resources for survival. Today, the cultural identity and survival of Alaska's coastal communities still depend on the ocean resources that support cammerciat frsbing; tourism, recreation and subsistence. We, the undersigned Alaskan local and regional governments and elected officials, express our deep concern abouthunuta trd scez o&alsbitWe change and ocean acidification and issue a cat{ to policymakers to take strotsg: Ynd amtts dta e,alctton Eo prevent catastrophic impacts from greenhouse gas emussunxs. We recognize the ems. rarv�. r.,.�vsauwaraa awuaa�narpa# x-t� aW Cin �3rC k. n �. ��Ueett ��yt'��t`r�a6�m'r�s"L4lis�o�stl�,��ie�rah"��Sc�id�krio�p[or , ti:a$laserctvA3ti`�itsa"lto'titil!(1 faizeddr'3tlrcenr°cam, fi.: 2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating. `the Bail y uptake of a. r 22 million tons cf carbon di- Xide into the ocean is caustxig 6Ceai1 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 climate 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 climate 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 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 I -13- 6. 'Ihe 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 levels 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 levels by 2050. 2. Reengage at the national level 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 dramatically 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 clean -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 farther express our commitment to: 1. network with other Alaskan coastal communities 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 City of Homer City of Petersburg City of Dillingham City of Gustavus Kenai Peninsula Borough City of Seward Bruce Borelho, Mayor of Juneau Al Dwyer, Mayor of Petersburg Scott McAdams, Mayor of Sitka Alaska Coastal Communities Global Climate Change Compact, page 2 -14- 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, Iocal 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 Silks, Alaska endorses the U.S. Mayor's Climate Protection Agreement and urges mayors from around the nation tojoin this effort. PASSED, APPROVED AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska, on this 8th day of January 2008. A T` Marko Dapeevich, Mayor A it Tens CMC Acting Municipal Clerk -15- ic7al.'Til91841t 1 3 A RESOLUTION ESTABLISHING A CLIMATE ACTION PLAN TASK FORCE TO ADVISE THE ASSEMBLE' 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 sm 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 of June, 2008. ATTEST: Colleen Pellett, MMC Municipal Clerk Marko Dapcevich, Mayor -17- romllr.13_171TIT•. 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), andthose 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 ACMP 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 ACMP'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 representing coastal districts and 5 commissioners of resource agencies to make ACMP policy decisions. • Establishes duties of the Board to approve ACMP 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 an Resolution 2009-32 Page 2 addressing a wide range of coastal uses. 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, v Sco McAdams, Mayor ATTEST: Colleen Ingman, MMC� Municipal Clerk -19- Introduced by: Smith, Martin Date: 09/15/09 Action: Adopted Vote: 6 Yes, 0 No, 3 Absent A RESOLUTION 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, 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, 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 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; and Kenai Peninsula Borough, Alaska Resolution 2009-085 Page I of 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; • THEREFORE, RBY THE ASSEMBLY ESOLVED O. THE KENAI PENINSULA :O. SECTION I. 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: '4hni Blankenship, Borough Clerk Milli Martin, Assembly President Yes: Long, Pierce, Smalley, Smith, Sprague, Martin No: None Absent: Fischer, Knepp, Superman q�v;�ggUL.q vc go Resolution 2009-055 Kenai Peninsula Borough. Alaska Page 2 of 2 . - crry OF HOMER HOMER, Ai ASKk Mayor RESOLUTION 09-38(A) A RESOLUTION OF THE CITY COUNCIL OF HOTVIER. ALASKA, SUPPORTING THE ALASKA COASTAI COMM' NITIES GLOBAL CLIMATE CHANGE COMPACT. WHIF.'REAS, People frorn Alaska coastal c0rinnunifies, including Horner, canie together for the Alaska Coastal Gathering held in Homer, Alaska, February 24-26,2009: and WHEREAS, Participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of oJohal climate chat,,,. and ocean acidification, including recommendations of tile Intergoverruncrital Panel oil Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of clitinue change; and WHEREAS, Participants of the Mask a Coastal Gathering received presentations from experts regarding the Potential for development of renewable energy in Alaska such at; wind, I soiar, goothentral, hydro, and Ocean energy generation; and WHEREAS, Pailicipanis of the Alaska Coastal Gathering received orcsentations regarding the economic oppomitities associated with the transition from "business as usual" to a sustainable economy: and WHEREAS, Participants of the Alaska Coastal Gathering received a presentation front congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and econornies; and WHE-RE'AS, Presenters and participants of the Alaska Coastal Gathering discussed ill 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, arid the uniqUCTICSS Of People living in Alaska coastal commurnfics whose way of fife and economy depend on a healthy ocean; and WHE.REAS, Participants or the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact. C NOW, THERE"FORE, IT BE RESOLVED that the '-try of Horner, Alaska, supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. PASSEDAND ADOPTED by the Homer City Council this 13"' day of April, 2009. -22- ATTES'l'. j6T.W.OiNSON, CMC, CITE' CI Fiscal Note: N/A C IT I V OF HOMER r. JAME - S . I C. HORNADAV, MAY0'R -23- Meeting Date. June 4, 2009 CITY OF DILLINGHAM, ALASKA Will ;KMft;UQM It 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 Page 1 of 2 -24- Resolution No. 2009-37 Meeting Date: June 4, 2009 SEAL! ATTEST: Keggje,7jk6�Major p'rd "rempore Karen McCambly, City Clerk ZFky of 6jllingham Page 2 of 2 Resolution No, 2009-37 -25- Sponsored lay: Cates CITY OF SEWARD, ALASKA RESOLUTION 2009-I20 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE, CHANGE COMPACT WHEREAS, global climate change represents one of the he greatest threats of our time; WHEREAS, ocean acidification is caused by increased carbon dioxide ccmecntrations front the burning of fossil fuels and is accelerating; and, WHEREAS, global climate change and ocean acidification threaten comnwnities 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: SECTION I. The City of Seward supports the Alaska Coastal Communities Global Climate Change Compact arid hereby adds its name as a signatory to the Compact. SECTION 3. The City of Seward will seek to support initiatives and projects that limit adverse climactic changes and reduce ocean acidification. SECTION 3. This resolution takes effect immediately upon its adoption. -26- 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. THE CITY OF SEWARD, ALASKA 40 f Willard E. Dunham, Mayor AYES: Vaidatta, Bardarson, Smith, Keil, Shafer, Amberg, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: Johanna Dollerhide, CMC '/ActJn1g City Clerk (City Seal) -27- Dr Ian M. Dutton President and CEO, Alaska SeaLife 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 1997-1995 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 Barrier Reef Marine Park Authority and from 1981- 83 worked with Kinhil'l on envirorunental assessment of mining, '.eater r esCureIa and coastal development projects. Between 1979-81 he worked with the Australian Federal government on soil and water management programs. Memberships Ian was awarded a Matsumae Fellowship in 1.990 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. 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: 1-(907) 224-6349 E-mail: ian duttim0alaskasealife.org Web: www.alaskasealife.ore Select Publications Dutton, Ian M., Kerrie Wilson and I-ledley Grantham 2009, Making marine spatial planning real: bridging the gap from planning to action, PICES Conference 25-30 October, Join, S. Korea. (in prep,) Dutton, 1 M. 2009, Promoting Climate Change Resilience: Learning Pa musbips With indigenous Communities, Indigenous People's Global Summit on Climate Change, Dena'ina Center Anchorage, April 24'". 2009. Anderson, J. and I.M. Dutton (2009). Climate Change Training: A Key Need for Aquarium Staff, Association of Zoos and Aquaria Annual Conference, Portland OR, September 14-17, 2009. Dutton, 1. M. 2007 Climate Change and Business Sustainability, Presentation to Goldman Sachs-.M Were Annual Parmer Retreat, Coolum Queensland, 24 February, 2007. Holmes, N. and I. M. Dutton (1989) The Greenhouse Effect: Do We Live in a Rational Society't, Source, Vol.1:6, 4.5.* ON Aieska SeaLife 6enter- Presentation to City of Kenai, 24th November, 2009 Alaska ! e Center € as?fl0WS IFMI RVIMi� 1 ian duttongalaskasealife.org Mhy i re we Concerned.? 'Alaska,abellwcanaryeather,, What we see over decade -, r in the Arctic, the rest of the world will see in the -, Robert Corell, chair of the Arctic Climate Impact Assessment for the International Arctic Council r �1 e believe thatscience is quite o i eij.. i iclimate change ` attributed i activityhuman and to the substantial of fossil fuels." 98% of agree, who is Shell to a debate the science'[about global warming]? ).. November2006 ti Costs of Ac I on i • at • i' i % of ,P i w • Costs of Inaction N = 5 - 20% of GDP, now and forever (io% GDP is central prediction) W W ffa f Ds.. _� ittt{ 41Q 390 .� Humans have tmOsp7~ric Carbon Dioxide' increased carbon _d 380 dioxide (CQ2) in the Measured at Mauna boa, lipwa i r Increased -____ `_-e____e_- __ 370 atmosphere by O •! 00s M more than /� ----;--- _m_,_ . 360 s.. 00 since the Industrial _i___ ------- 350 Revolution. ; (NOAA2008) ------ .,_.'-_ AnnualCycle 340 The most carbon dioxide (385 ppm) _ 3 �n_s2t_T__.__.._ in 800,000 years _ m 30 I[`T JIIN. (Prof. Thomas Blunier, i i Jars Apt Jul Oct Jan Univ. of Copenhagen; Monaco_10 Declaration Zoos) 1960 1070 1980 1990 2000 W v, !: 0 (IPCC 2007) i • 11 warmest years on occurredall in the last 12 years (EPCC 2007) �,2006 was warmest recordyear on in continental US year on • Northin America • " 1i if; ninth warmest year on record(NASA) AVERAGE GLORA.L TEMPERATURES "UTICE 1950 QTLII AVUJ;rtG 7JF,A ^-,i.RFACF � tiet��� Culp s"�uth-e Cl 1� .ks 01 `,C ,t7 fCFm Ix g - ^-� E','p lr 9 l"T ftt� xre Ir �r _.,,�a _0 QA, FT- NOAA 1 Alaska: 40F overall (National Assessment Synthesis Team) F i t. IM (iPCC 2007) W J fq r r � 'r r I , i Im Kot(lilk g Change 1 61--go to op--6o 33 1 I i Animals with calcium carbonate shells -- corals, sea urchins, snails, mussels, clams, certain plankton, and others -- have trouble building skeletons and shells can even begin to dissolve. "Within decades these shell -dissolving conditions are projected to be reached and to persist throughout most of the year in the polar oceans." {Monaco Declaration Impacts s 4, Weather ( Relocation • • Infrastructure Kivalina Newtok Shishmaref e o Bethel Dillingham Kaktovik Unalakleet How Long Does The Community Have 10 — 15 years Costs of Future Erosion Protection off, its •1 of 11! Cost to Relocate 4i •million 1 million ii 1/ million N/A N/A $ 20 — 40 million N/A I Impactsk. 2. Animals lenai Salmon Streams Warming HIN v 80 60 0 >w, 40 0 Anchor River (6121-9/11) w above 15C ® air temperature 2002 2003 2004 2005 2006 2007 2008 Source: Cook Inletkeeper Temperatures in Kenai Peninsula streams now 14 Consistently exceed 13 Alaska's standard to protect salmon 12 CL spawning areas (13° C / 55° F) and 11 a migratory routes c 10 (15°C) 9 I C111 M�Z171,1711,M111 A 81 % of Alaskans are convinced that global warming is happening ➢71 % of Alaskans think that global warming is a serious threat to people in Alaska )�;-93% of Alaskans support more renewable energy )�> 81 % of Alaskans favor federal regulations of greenhouse gas emissions from power plants A 63% of Alaskans trust environmental organizations to tell the truth about global warming - 23 % trust corporations - 29% trust Alaskan politicians - 82% trust scientists - 86% trust family and friends National Securityand Climate Ch rs i . r. ': The changing Arctic environment is a significant consideration of the roadmap. The Arctic is warming twice as fast as the rest of the globe. While significant uncertainty exists in projections for Arctic ice extent, the current scientific consensus indicates the Arctic may experience nearly ice free summers sometime in the 203O's. As mentioned in CS21, this opening; of the Arctic may lead to increased resource development, research, tourism, and could reshape the global transportation system. These developments offer opportunities for growth, but also are potential sources of competition and conflict for access and natural resources. Reducing the uncertainty in these projections will enable the Navy to make better - informed investment and policy decisions. October 2009 It's a different world now + it"ll be different ain in next decade • I. ' — We need to and act differently (=adapt) 2 at unprecel"Iented scales m I So what can we do? ndividuals/( mt '�C,tifi x l 091MM-110 CAPITAL ,` , ®ANNUAL HEATING OIL, SAVED: $1131000 c e Upcoming Building r a r at r • . Center, 17 thjanuary, 2009 Please join us! e U7 O unr i7 Alasl a e� of Center, 7. u' i , Y o Ce t Alaska Conservation Solutions - http://www.alaskaconservationsolutions.com Alaska SeaLife Center - www alaskasealife.org Alaska Climate Change Strategy - http://www.climatechanp-e.alaska.izov/ Indigenous People's Global Summit on Climate Change http://www.indigeiioussummit.coin/servlet/content/­home.html 2oo9 National Climate Change Assessment (with Alaska Chapter) http://www.globalchatige.gov/publications/re orts/scientific- assessments /us -impacts / dc►wnload-the-report United Nations Climate Change Conference - zoo9 httD://en.copiS.dk/ Re: Agenda Item B 2 Council, L KENAI C11 ITY CLERK Rick Ross 1505 Kittiwake Kenai AIaskka 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. If 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 concerns 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, 44 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 be 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 Iocal 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. me 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 environmental 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 -53- 1''w: jwncj "Cliriiategate" and the Real Meaning of the Ulobal Warming "Consensus" -- Robert It... Page 2 of 4 "Cli ate ate" and the deal Meaning of the Global Warming "Consensus" by Robert Traeinski TIA Daily 23 November 2009 In early October, I covered a breaking story about evidence of corruption in the basic temperature records maintained by key scientific advocates of the theory of man-made global warming. Global warming "skeptics" had unearthed evidence that scientists at the Hadley Climatic Research Unit at Britain's University of Bast Anglia had cherry -picked data to manufacture a "hockey stick" graph showing a dramatic —but illusory —runaway warming trend in the late 20th century. But now newer and much broader evidence has emerged that looks like it will break that scandal wide open. Pundits have already named it "Ctimategate." A hacker —or possibly a disillusioned insider —has gathered thousands of e-mails and data from the CRU and made them available on the Web. Officials at the CRU have verified the breach of their system and acknowledged that the e-mails appear to be genie. Yes, this is a theft of data —but the purpose of the theft was to blow the whistle on a much bigger, more brazen crime. The CRU has already called in the police to investigate the hacker. But now someone needs to call in the cops to investigate the CRU. Australian journalist Andreww Bolt has a good overview of the story, with a selection of incriminating e-mails that have already been discovered in the hacked data. Note that these e- mails reveal more than just what it going on at the CRU, since they involve numerous leading British and American climate scientists outside of the CRU. These e-mails show, among many other things, private admissions of doubt or scientific weakness in the global warming theory. In acknowledging that global temperatures have actually declined for the past decade, one scientist asks, "where the heck is global warming?... The fact is that we can't account for the lack of warming at the moment and it is a travesty that we can't." They still can't account for it; see a new article in Der Spiegel: "Climatologists Baffled by Global Warming Time -Out." I don't know where these people got their scientific education, but where I come from, if your theory can't predict or explain the observed facts, it's wrong. More seriously, in one e-mail, a prominent global warming alarmist admits to using a statistical "trick" to "hide the decline" in temperatures. Anthony Watts provides an explanation of this case in technical detail; the "trick" consists of selectively mixing two different kinds of data --temperature "proxies" from tree rings and actual thermometer measurements —in a way designed to produce a graph of global temperatures that ends the way the global warming establishment wants it to: with an upward "hockey stick" slope. Confirming the earlier scandal about cherry -picked data, the e-mails show CRU scientists conspiring to evade legal requests, under the Freedom of Information. Act, for their underlying data. it's a basic rule of science that you don't just get to report your results and ask other people to take you on faith. You also have to report your data and your specific method of analysis, so that others can check it and, yes, even criticize it. Yet that is precisely http://us.mcl I,15.mail.vahoo.com/me/showMessage?sMid=42&filterBy=&.rand=1773356207&mi... 12/5/2009 -54- what the CRU scientists have refused. But what stood out most for me was extensive evidence of the hijacking of the "peer review" process to enforce global warming dogma. Peer review is the practice of subjecting scientific papers to review by other scientists with relevant expertise before they can be published in professional journals. The idea is to weed out research with obvious flaws or weak arguments, but there is a clear danger that such a process will sirnply reinforce groupthink. If it is corrupted, peer review can be a mechanism for an entrenched establishment to exclude legitimate challenges by simply refusing to give critics a hearing. And that is precisely what we find. In response to an article challenging global warming that was published in. the journal Climate 'Research, CRU head Phil Jones oomolains that the journal needs to "rid themselves of this troublesome editor" —hopefully not through the sarne means used by Henn, 11's knights. Michael Mann replies: 1 think we have to stop considering "Climate Research" as a legitimate peer - reviewed journal. Perhaps we should encourage our colleagues in the climate research community to no longer submit to, or cite papers in, this journal. Note the circular logic employed here. Skepticism about global warming is wrong because it is not supported by scientific articles in "legitimate peer -reviewed journals." But if a journal actually publishes such an article, then it is by definition not "legitimate." You can also see from these e-mails the scientists' panic, at any dissent appearing in the scientific literature. When another article by a skeptic was published in Geophysical Research Letters, Michael Mann comnlams, "It's one thing to lose Climate Research. We can't afford to lose GRL." Another CRU scientist, Tom Wigley, suggests that they target another troublesome editor: "If you think that Saiers is in the greenhouse skeptics camp, then, if we can find documentary evidence of this, we could go through official AGU channels to get him ousted." That's exactly what they did, and a later e-mail boasts that "Ile GRL leak ri.ay have been plugged up now w/new editorial leadership there." Not content to block out all dissent from scientific journals, the CRU scientists also conspired to secure friendly reviewers who could be counted on to rubber-stamp their own work. Phil Jones suggests such a list to Kevin Trenberth, with the assurance that "All of them know the sorts of things to say... without any prompting." So it's no surprise when another e-mail refers to an attempt to keep inconvenient scientific findings out of a UN report: "I can't see either of these papers being in the next IPCC report. K and I will keep them out somehow -even if we have to redefine what the peer -review literature is!" Think of all of this the next time you hear someone invoke the authority of peer review —or of the UN's IPCC reports —as backing for claims about global warming. This scandal goes beyond scientific journals and into other media used to promote the global warming dogma. For example, RealClimate org has been billed as an objective website at which global warming activists and skeptics can engage in an impartial debate. But in the CRU e-nnails, the global warning establishment boasts that RealClimate. is in their pocket. 1 wanted you guys to know that you're free to use RC in any way you think would be helpful. Gavin and I are going to be careful about what comments we http://us.mcl 115.mail.yahoo.com/me/showMessage?sMid=42&filterBy=&.rand=i 773356207&mi... 12/5/2009 -55- Fw: (wric] "Climategate" and the Real Meaning ofthe Global Warming "Consensus" -- Robert Tr... Page 4 of 4 screen through.... We can hold comments up in the queue and contact you about whether or not you think they should be screened through or not; and if so, any comments you'd like us to inchrde, [T]hink of RC as a resource that is at your disposal.... We'll use our best discretion to make sure the skeptics don't get to use the RC comments as a megaphone. And anyone doubting that the mainstream media is in on it, too, should check out New York Times reporter Andrew Revkin's toadying Apologia for the CRU e-mails, masquerading as a news report. The picture that emerges is simple. In any discussion of global warming, either in the scientific literature or in the mainstream media, the outcome is always predetermined. Just as the temperature graphs produced by the CPU are always tricked out to show an upward - sloping "hockey stick," every discussion of global warming has to show that it is occurring and that humans are responsible. And any data or any scientific paper that tends to disprove that conclusion is smeared as "unscientific" precisely because it threatens the established dogma. For more than a decade, we've been told that there is a scientific "consensus" that humans are causing global warming, that "the debate is over" and all "legitimate" scientists acknowledge the truth of global warming. Now we know what this "consensus" really means. What it means is: the fix is in. This is an enormous case of organized scientific fraud, but it is not just scientific fraud. It is also a criminal act. Suborned by billions of taxpayer dollars devoted to climate research, dozens of prominent scientists have established a criminal racket in which they seek government money —Phis Jones has raked in a total of f 13.7 million in grants from the British govermuent—which they then use to falsify data and defraud the taxpayers. It's the most insidious kind of fraud: a fraud in which the culprits are lauded as public heroes. Jud a Frorn thin canhe of e-maile fb, ,, ,. . n +r.,.,,..sel-..-_ �... ,__: Ta .,..,.,......^.a�e tC 'eei uiciAidcxvcs tract tnexr manipulation of the data is intended to protect a bigger truth and prevent it from being "confused" by inconvenient facts and uncontrolled criticism. The damage here goes far beyond the loss of a few billions of taxpayer dollars on bogus scientific research. The real cost of this fraud is the trillions of dollars of wealth that will be destroyed if a fraudulent theory is used to justify legislation that starves the global economy of its cheapest and most abundant sources of energy. This is the scandal of the century. It needs to be thoroughly investigated —and the culprits need to be brought to justice. http://us.mel 115.mail.yahoo.eom/me/showMessage?sMid=42&filterBy=&.rand=1773356207&nu... 12/5/2009 -56- DEC 0 0 2009 I<ENAI CHAMBER OF COMMERCE f Resolution 2009-01 E AX CITY CLERK A resolution of the Kenai Chamber of Commerce Board of Directors Opposing the City of Kenai signing or endorsing the Alaska Coastal Communities Global Climate Change Compact (ACCGCCC). Whereas: Although well intentioned, ACCGCCC is predicated on the false belief that proposed climate change legislation at the national level will have an impact on emissions from fossil fuels and therefore on global climate change. Whereas: ACCGCCC seeks legislation that will put restrictions on American firms that will not be imposed on foreign competitors. Whereas: The net effect would be increased emission of green house gases. Whereas: Restrictions in America will force companies to operate in countries where there is little or no regulation of emissions. Whereas: Until all countries agree to curb their emissions and create a level playing field, the restrictions implied by ACCGCCC will only put American firms at an economic disadvantage, American jobs will be lost and no reduction in emissions will have been accomplished. Whereas: The local economy in Kenai is supported to a large degree by the oil and gas industry Whereas: At this crucial time for our local community and as our nation struggles to recover from an economic downturn, additional restrictions will only make a bad situation worse. Whereas: A more responsible approach would include provisions that ensure that foreign companies are subject to the same regulation and emission controls that American firms must comply with. "dhereas; 'Without such a provision there will be no actual reduction of emissions and no impact on climate change. NOW, THEREFORE, BE IT RESOLVED that the Kenai Chamber of Commerce Board of Directors hereby oppose the signing or endorsing the Alaska Coastal Communities Global Climate Change Compact (ACCGCCC). Directors This c�3 Day of vit-. -e 2009 Penny Furnish; President Kenai Chamber of Commerce Kenai Chamber of Commerce 402 Overland Kenai, AK 99611 -57- Tina Baldridge Executive Director SUBSTITUTE A <<A Sponsored by: Council Member Molloy KEHAI, ALASKA CITY OF KE NAi RESOLUTION NO. 2009-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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, 2004; 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 regarding the potential for development of renewable energy in Alaska, such as wind, solar, geothermal, hydro, and ocean energy generation, and regarding 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; and, WHEREAS, several Alaska municipal governments have adopted resolutions supporting the Alaska Coastal Communities Global Climate Change Compact (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 global economy, and further supports that all renewable and non-renewable energy sources remain on the table for policymakers no SUBSTITUTE A Resolution No, 2009-68 Page 2 of 3 in the development of viable energy plans as part of any long-term approach to mitigate the adverse effects of climate change while maintaining a vibrant economy; and, 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 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 that 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 that 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 that the Compact encourages; and, vv'i lEREAS, u,c C ty 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 that the Compact encourages; and, WHEREAS, the City of Kenai also recognizes that 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, concerning the adverse effects of climate change and ocean acidification, the importance of support of the Compact by Alaska coastal communities such as the City of Kenai, and the energy industry's need for any new laws imposing carbon taxes or "cap and trade" requirements to apply universally to all producers, both foreign and domestic; and, WHEREAS, any federal "cap and trade" or carbon tax legislation should apply universally to all oil and gas producers, foreign and domestic, and not solely to -59- IWG UIUL1U11 INV. Gvv I�VV Page 3 of 3 domestic producers in Alaska and elsewhere in the United States, so that jobs are preserved and so that domestic refineries do not re -locate to foreign countries; and, WHEREAS, the Compact supports the utilization of proceeds from any federal "cap and trade" or carbon tax legislation that may be adopted by the U.S. Congress to fund initiatives in Alaska, but does not endorse specific bills pending in the U.S. Congress; and, WHEREAS, the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification, including lobbying Alaska's congressional delegation to help influence the content of any federal legislation. 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 16th day of December, 2009. PAT PORTER, MAYOR ATTEST: Carol Freas, City Clerk TO: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley FROMDATE: Bob Molloy 1�� I}12 �0-04 SUBJECT: Resolution No. 2009-68 Substitute A: A Resolution of the Conned of The City of Kenai Supporting the Alaska Coastal Communities Global Climate Change Compact The changes made in Resolution No 2009-68 Substitute A from that resolution presented on November. 24, 2009, are made in response to comments and questions asked about the Alaska Coastal Communities Global Climate Change Compact. Below is a summary of the changes to the original resolution embodied in Substitute A and the rationale for each change. 1. The Substitute replaces the last paragraph on the first page of the Resolution with the following paragraph: WHEREAS, the City of Kenai recognizes the importance of the oil and gas industry as an integral part of the energy sector of the global economy, and further supports that all renewable and non-renewable energy sources remain on the table for poiicymakers in. the development of viable energy plans as a part of any long-term approach to mitigate the adverse effects of climate change while maintaining a vibrant economy; and, Rationale: The Compact issues a call to policymakers to take strong and immediate action to cc veal �atabuct`uie lni �a�w IWItit greenhouse gas emissions and supports the development of Prey_. _ ._.-p p g " 6 renewable energy resources. But the Compact does not take non-renewable energy sources off the table for consideration by policymakers, and does not express opposition to the creation of energy plans that support the development of both renewable and non-renewable energy sources, The Substitute, therefore, reflects that development of fossil fuels will continue to play a significant role in our economy and in satisfying energy needs in the future. 2. The Substitute replaces the last 2 paragraphs of the Resolution with the following 4 paragraphs: WHEREAS, the City of Kenai received a presentation by Dr. Ian Dutton, President and CEO of the Alaska SeaLife Center, concerning the adverse effects of climate change and ocean acidification, the importance of support of the Compact by Alaska coastal communities such as the City of Kenai, and the energy industry's need for any new laws imposing carbon taxes or "cap and trade" requirements to apply universally to all producers, both foreign and domestic; and, Me WHEREAS, any federal "cap and trade" or carbon tax legislation should apply universally to all oil and gas producers, foreign and domestic, and not solely to domestic producers in Alaska and elsewhere in the United States, so that jobs are preserved and so that domestic refineries do not re -locate to foreign countries; and, WHEREAS, the Compact supports the utilization of proceeds from any federal "cap and trade" or carbon tax legislation that may be adopted by the U.S. Congress to fund initiatives in Alaska, but does not endorse specific bills pending in the U.S. Congress; and WHEREAS the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification, including lobbying Alaska's congressional delegation to help influence the content of any federal legislation. Rationale: In answers to questions during his presentation on 11/24/09, Dr. Ian Dutton discussed how industry often is ahead of government in ideas and initiatives on mitigation of climate change. He discussed a Conoco -Phillips project in Australia as an example, and emphasized the energy industry's need for any new laws imposing carbon taxes or "cap and trade" requirements to apply universally to all producers, both foreign and domestic. The Compact supports the utilization of proceeds from any federal "cap and trade" or carbon tax legislation, that may be adopted by the U.S. Congress, to fund initiatives in Alaska; but, neither the Compact nor the 'Resolution endorses specific bills pending in the U.S. Congress. The changes in the Substitute emphasize that a predictable playing field, which does not currently exist, is critical for the energy industry to join in malting changes to address climate change. On 11/24/09,1 participated in a teleconference that several of the mayors, city managers, and assembly and council members representing the signatory coastal communities (and also those communities with pending resolutions of support) held with Sen. Begich. The participants discussed with Sen. Begich that the Compact signatories did not support several provisions in the House's Waxman -Markey bill. Instead, the signatories wanted any federal legislation to preserve jobs and support the creation of new green economy jobs. The signatories also wanted significant federal research funds on climate change directed to Alaska -based research facilities since Alaska is ground zero for climate change and has the research facilities and scientists to do high quality work on the issues. The Substitute, therefore, emphasizes the needs of the signatories and expressly rejects the notion that the City supports any pending legislation or any particular legislative "solution." The City of Kenai will benefit from networking with other Alaska coastal communities on issues of climate change and ocean acidification, including lobbying Alaska's congressional delegation to help influence the content of any federal legislation. Your approval of Resolution No. 2009-68 Substitute A is most important. I respectfully request your support and approval of the resolution at the second public hearing on December 16, 2009. _2 sm SUBSTITUTE B Suggested by: Council Member Moore :he Cd&of // CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE GOALS AND OBJECTIVES OF THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE- CHANGE COMPACT AND SUPPORTING THE STATE OF ALASKA ENERGY POLICY AS PROPOSED BY THE TRI-BOROUGH COMMISSION, 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, the Alaska Coastal Communities Global Climate Change Compact formulated at the Alaska Coastal Gathering identifies the following policies, goals, actions, initiatives, and commitments: • 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 now • lear-. 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; and, • enhance research in the areas of energy efficiency and renewable energy; and, WHEREAS, the Tri-Borough Commission, comprised of the Mayors of the Kenai Peninsula Borough, Matanuska- Susitna Borough, and Municipality of Anchorage, established a task force in September 2007 to develop an energy policy and strategic goals document; and, WHEREAS, the task force met repeatedly from September 2007 through January 2008 to develop, through a consensus process, a proposed State Energy Policy; and, WHEREAS, the State of Alaska Energy Policy, as proposed by the Tri-Borough Commission, asks the State of Alaska actively to: 10 SUBSTITUTE B Resolution No. 2009-68 Page 2 of 2 • promote the development of nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; • promote the development of renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; • pursue, promote and reward energy efficiency; ® promote the rational development of resources and infrastructure sufficient to meet the state's growing energy demand, while contributing to the national energy supply, thus reducing dependence on international energy sources; • promote energy security for its economy; • seek solutions that address global climate change; and, • seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio; and, WHEREAS, the Tri-Borough Commission set specific goals and criteria for energy efficiency in public construction, for use of zero -fuel renewable energy resources, and for per capita residential energy conservation; and, WHEREAS, the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification and the responsible development of natural resources. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the goals and objectives of the Alaska Coastal Communities Global Climate Change Compact and supports the State of Alaska Enemy Pnliny ae nrnposerl by tha Tri_Rnrnirtorh L'`(}mmigg:<;n. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 2009, ATTEST: Carol Freas; City Clerk PAT PORTER, MAYOR e Matanuska-Susitna Borough Municipality of Anchorage Kenai Peninsula Borough 350 E. Dahlia Avenue 632 W. 6" Avenue 144 N. Binkley Palmer, AK 99645 Anchorage, AK 99501 Soldotna, AK 99669 (907)745-4801 (907)343-7100 (907}7i4-2335 Tri-Borough Commission Tri-Borough Commission Proposed Energy Policy For the Southcentral Region of Railbelt Alaska The mayors of Anchorage and the Matanuska-Susitna and Kenai Peninsula Boroughs have formed the Tri-Borough Commission to coordinate common action, leverage resources, and aggressively pursue solutions to common problems on a regional level. Together, this region has a combined population of more than 400,000 residents, in excess of 60 percent of the state's entire population. These local governments encompass the vast majority of Alaska's roads and other public infrastructure and serve as the state's commercial headquarters. The availability of adequate, reliable, affordable, and sustainable energy resources that are vital to the current and future economic health of the Southcentral region and Alaska has reached a critical juncture. The current uncertainty created by shrinking energy . ca sappl eg and RC1nP ..^_. .^,tg In +he: Southcen a? re -on and Al-1-a re c- be addr. -se , immediately. If not addressed now, these energy issues risk the future economic health of the Southcentral region and Alaska. For the last decade, the State of Alaska has lacked a comprehensive energy policy and has had no strategic plan or direction for securing Alaska's energy future. This leaves the many divisions of state government operating without a clear and unified direction, resulting in current critical state of energy affairs. The current condition of Alaska's enemy supply Alaska's energy situation is changing rapidly. In the last decade, several regional and global forces have begun to affect both energy supply and demand in Alaska. These forces include: • Rising global demand for energy with a corresponding increase in the cost of key energy sources such as natural gas, diesel and electricity. • A growing concern for the security and reliability of energy supplies. -65- • The growing influence of market forces on the supply and cost of energy. • Increased global competition in world energy markets affecting energy producer investment decisions. • A growing awareness of the global environmental impact of fossil fuels and the increasing likelihood that public policies will put a price on carbon emissions. When combined with these regional and global forces, the following factors underline the need for a comprehensive energy policy for the State of Alaska: • Alaska is now a net importer of key energy resources including jet fuel (31% of demand), distillate fuels (54% of demand), propane (50% of demand), and foreign crude oil for in -state refineries (16% of demand). • Several major energy related projects are being proposed for development at various levels of state and local government without an energy policy and corresponding strategic energy plan in place to evaluate and prioritize those projects to best serve Alaska's future energy needs. • The Railbelt electricity generation infrastructure needs significant new investment to replace aging equipment and meet future demand. • Electricity and natural gas markets in Alaska are isolated. If not properly managed, this situation could inhibit critical private investment in infrastructure and new supplies. • Rising costs for Cook Inlet natural gas and declining Alaska oil production have caused significant declines in industrial energy demand and erosion of Alaska's vital hydrocarbon processing industries. • State regulatory policy affecting in -state energy use has not been updated significantly in decades and may be inadvertently stifling innovation and development of new energy supplies. In comparison to other U.S. states with similar economies, environmental conditions, populations and energy profiles, Alaska lags in several key areas including the cost of key energy sources such as electricity and gasoline. Alaska also lags in energy related activity such as active rotary drill rigs, growth in producing oil & gas wells, and increased use of renewable energy and improved energy efficiency. Montana, Utah and Wyoming are states that Alaska can be compared to, given the current state of their economies, populations and environmental conditions. When examining those states on several key indicators, several key facts become apparent. While Alaska still enjoys the benefit of less expensive natural gas for residential heating all of these states enjoy significantly less expensive rates for gasoline and more so for electricity. All of these states have strategic plans based on adopted state policies that guide the efforts of state government to promote and develop both non-renewable and renewable energy sources and infrastructure. Utah in particular has taken a strong position on the issue of energy with the adoption of a state energy policy in 2006. -2- Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 State to State Comparisons of Key Statistics Alaska Wyoming ! Utah Montana j Date Population rounded 700,000 500,000 2,600,000 1 1,000,000 2007 Per Capita Income $37,271 $40,576 $29,108 1 $30,688 2006 Gross Domestic Product $41.4 billion $29.6 billion $97.7 billion $32.3 billion 2006 1s` purchase Crude Price $82.551bbl $76.23/bbi $83.21/bbl $83.81/bbi 11/07 Regular Gasoline/ Galion $2.79 $2.60 $2.50 i $2.61 11/07 Residential Natural Gas $8.62 mcf $8.36 mcf $8.98 mcf $9.15 mcf 11107 Residential Electric $0.158 Kwh $0.0822KWh $0.0795 KWh $0.0909 KWh 10/07 Total Electric 1 Generation 553,000 MWh 3,894,000MWh ! 3,830,000 MWh 2,171,000 MWh 10/07 -Petroleum Generation 89,000 MWh 5,000 MWh 6,000 MWh 1,000 MWh 10/07 -Nat. Gas Generation 343,000 MWh 40,000 MWh 496,000 MWh T 8,000 MWh 10/07 -Coal Generation 46,000 MWh 3,724 000 MWh 3,269,000 MWh ! 1,601,000 MWh 10/07 -Hydro Generation 73,000 MWh 26,000 MWh 40,00D MWh 470,000 MWh 10/07 -Renewable Generation 1,000 MWh 68,000 MWh 19,000 MWh 55,000 MWh 10107 Annual Nat. Gas Prod. 444.7 Bcf 1,816.2 Bcf 348.0 Bcf ( 112,8 Bcf 2006 Annual Crude Oil Prod. 266.3 million bbl 63.4 million bbl . 20.1 million bbl 32.5 million bbl 2007 Annual Coal Production 1.43 million short tons 446.7 million short It 26.0 million short tons 41.8 million short tons 2006 Operational Rotary Rigs I 8 99 40 22 2006 Producing Oil Wells 2,766 10,205 2 401 4,078 2006 ProducingGas Wells 231 25,052 4,506 6,578 2006 (Source: U.S. Department of Energy, Energy Information Administration, State Profiles, www.eia.doe.00vJ The greed for a comprehensive enerw policv The Tri-Borough Commission believes that the State of Alaska must first adopt a comprehensive energy policy and corresponding set of strategic goals. This policy and these goals should then be used to guide and direct. all divisions of state government in immediately developing and executing a coordinated comprehensive energy plan that will secure affordable and plentiful energy resources for the Southcentral region in the future. Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -67- In light of this firm belief, the Tri-Borough Commission established a task force in September, 2007 to develop an energy policy and strategic goals document. This task force was comprised of 11 representatives appointed from the three municipalities by each mayor. This highly respected group of individuals brought significant expertise in the areas of utilities, energy production and supplies, renewable energy, energy efficiency, energy policy, industrial demand and municipal interests. The task force members included: Steve Colt, Interim Director, institute for Social and Economic Research (ISER) Rick Eckert, Mgr. Business Development & Regulatory Affairs, Homer Electric Assoc. Tony Izzo. Energy Consultant Rolf Manzek, Operations Manager, Tesoro Alaska Company Donald Page, Commercial Manager, Chevron/Union Oil Company of California Jim Palin, Former General Manager, Matanuska Electric Association Chris Rose, Executive Director, Renewable Energy Alaska Project Rick Ross, City Council Member, City of Kenai Jim Senn, Business Support Manager, Agrium U.S. Inc. Eric Yould, Principal, wood Canyon Group, Inc. Bill Popp, President & CEO, Anchorage Economic Development Corporation The task force met repeatedly September through January of 2008 to develop through a consensus process a proposed State energy policy and 16 strategic goals that have been endorsed by the mayors of the Tri-Borough Commission. This balanced policy and corresponding goals, focused on both non-renewable and renewable energy sources, offers a clear and concise structure to guide all divisions of state government in the development and implementation of a strategic energy plan for Southcentral Alaska. This over -arching energy policy will guide all levels of state and local government in the fbi ai6n of consistera legislation, re,,ulation and initiatives that directly impact the exploration, development and delivery of necessary energy sources to serve residents, businesses and industries into the future. A state energy policy will also provide clarity and stability to energy development companies and energy dependent industries and businesses, thereby promoting healthy economic growth for Alaska. The Tri; Borough Commission offers this proposed energy policy and goals as a component of a broader energy policy that should be developed for the entire State of Alaska. The energy issues currently afflicting other regions of Alaska, especially in rural Alaska, are too complex and unique to be addressed by the Tri-Borough Commission. Rather, the Commission believes that the proposed policies contained in this document could be applicable to other regions of Alaska, but should be carefully considered through a collaborative regional process first before being adopted for those regions. -4- Tri-Borough Commission Proposed Southeentral Energy Policy, February ?, 2008 • State ofAlasa EneE g oliey (As Proposed by the Tri-Borough Commission) It is the policy of the State gfAlaska to reach the goal of an adequate, reliable, affordable, and sustainable supply of energy as a foundation of well-being and long - run prosperity. • The State of Alaska will actively promote the development of: i. nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; and ii, renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; • The State of Alaska will pursue, promote and reward energy efficiency. • The State of Alaska will promote the rational development of resources and infrastructure sufficient to meet the state's growing energy demand, while contributing to the national energy supply, thus reducing dependence on international energy sources. • The State of Alaska will promote energy security for its economy. • The State of Alaska will seek solutions that address global climate change. • The State of Alaska will seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio. • The State of Alaska will allow market forces to drive prudent development and use of energy resources, although incentives and other methods can and should be used appropriately to ensure the optimal long-term development and use of energy resources for the benefit of current and future generations of Alaskans. • The State of Alaska regulatory processes should be thoroughly reviewed and streamlined to balance economic costs with the level of review necessary to ensure protection of the state's various interests; • When necessary, The State of Alaska will encourage expedited federal action and will collaborate with federal agencies to expedite review; and • The State of Alaska will create and maintain an environment that provides for reasonable and stable consumer and industrial prices while providing producers and suppliers a fair return on investment, recognizing that: i. Economic prosperity is linked to the availability,, reliability,, and affordability of consumer and industrial energy supplies; and ii. Investment in new supplies will occur only when adequate financial returns can be realized. -5- Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 •s Strategic EnergyPolicE Goals (As proposed by the Tri-Borough Commission) 1. The State of Alaska should immediately adopt the State Energy Policy. a. Before any strategic planning can be developed and executed, there must be a guiding policy to link all divisions of State government to work in concert towards the successful implementation of any broad based energy plan for Southcentral Alaska. 2. The State of Alaska should perform a complete review of all regulations in all divisions of State government and identify and implement any necessary statutory changers to assure compliance with the State Energy Policy. a. All divisions and agencies of State government must conform their regulations, rules, and practices to conform with the adopted energy policies of the State of Alaska if that policy is to ultimately be successful. 3. Immediately reform utility regulatory processes to support efficiency and conservation, including efficiency -based pricing and demand side management practices, rather than inefficient and outdated volume -based pricing in Railbelt Alaska. a. The State should develop guidance for rate -makers (RCA) to change volume -based utility rate structures and implement conservation/efficiency based rate designs. 4. Reform regulatory processes to provide a more efficient and reliable permitting system to better support investment and expedited exploration and development of non-renewable energy supplies in the Railbelt region. a. The Southcentral region still has significant potential for the discovery and development of non-renewable energy reserves in the form of natural gas and crude oil. Given the long history of oil and natural gas exploration and production in Cook Inlet, and the corresponding development of best practices for safely extracting those resources, the State of Alaska should develop streamlined permitting systems and Regulatory Commission processes that recognize and favor accepted best practices for on and offshore oil and gas activities in an effort to expedite needed permitting for oil and gas exploration and production. 5. Provide encouragement and incentives to promote additional Cook Inlet natural gas and crude oil drilling and infrastructure improvements. -6- Tri-Borough Commission Proposed Southcentral F,nergy Policy, February 7, 2008 -70- a. Cook Inlet natural gas will provide the bulk of the Railbelt region's energy needs, especially heating, for many years to come. And there are still significant potential crude oil reserves that should be developed to stem the rising levels of foreign crude oil that is currently being imported to meet in -state refinery demands. In addition, Cook Inlet's natural gas and crude oil pipeline infrastructure will likely need significant upgrades and expansion as new reserves are developed in the coming years. The State of Alaska should continue to encourage, support and provide incentives as necessary to promote continued exploration, development, production and delivery of Cook Inlet natural gas and crude oil. 6. Develop a coordinated plan for natural gas storage that will most efficiently address peak demands in the Railbelt area to eliminate or reduce the possibility of supply interruption. a. Given the aging natural gas fields of the Cook Inlet region, deliverability of natural gas during peak demand periods in winter has become one of the most pressing issues that must be addressed immediately, The State of Alaska should seek immediate and long-term solutions in partnership with producers and utilities to provide adequate stored natural gas reserves for meeting winter power generation and heating utility needs in the short and long term. b. DeveIop a coordinated program with producers and utilities to address peak demands for the Southeentral region. This could alleviate Cook Inlet shortages, increase reliability, and reduce the probability of major service interruptions. 7. To better serve Railbeft customers, utilities must coordinate planning of generation sources and energy infrastructure in the Railbelt region. a. Coordinated planning of large energy infrastructure should include a, best - interest finding for all Southeentral consumers. Long-term low cost and reliable energy solutions will require coordination and resource sharing among utilities and fuel suppliers, 8. Require full Hfe cycle costs, in particular life cycle energy cost analysis be included and considered as part of the design engineering of publicly financed building projects. a.. Over 50% of a building's lifetime costs are energy related, while initial construction costs are typically less then 15%. Therefore, for publicly financed building projects over a designated threshold life cycle energy costs should be evaluated as part of the design engineering and pre -bid conferences. Such a process would encourage the incorporation of state of 7 Tri-Borough Commission Proposed Southcentral Energy Policy, February, 7, 2008 -71- the art windows, insulation, lighting and appliances, and would save the public millions of dollars over the Iifetime of the building. 9. Perform a comparative energy use impact analysis of publicly funded transportation projects and include the analysis as part of existing planning and approval processes. a. The state currently relies heavily on federal transportation dollars to subsidize the cost of building roads across the state. The building of such roads presupposes that using motor vehicles is always the most efficient way to move people and goods around the state, As gasoline prices move higher (at $3 per gallon prices are still well less than half of what Europeans are currently paying) alternative public transportation projects make more and more economic sense. If the state is going to use precious government funds to build transportation infrastructure it makes good economic sense to analyze the energy impacts of publicly funded transportation projects when deciding which projects to move forward with. 10. The State of Alaska and Railbelt utilities shall initiate a collaborative effort to achieve 30% of electricity supply from zero -fuel renewable energy resources by 2018. a, The Railbelt currently generates about 10% of its electricity from zero fuel renewable energy resources, while the state generates about 24% of its electricity from non -fuel resources. Nearly all of this non -fuel generated electricity comes from hydroelectric projects. A 30% goal for the Railbelt by 2018 could be achieved, especially if plans for several currently proposed projects are moved ahead aggressively. Topping the list of projects that could help the Railbelt meet this goal are large hydro projects either at Lake Chackachamna or on the Susitna River, a large (50- 100 MW) geothermal project near Mount Spurr, and large wind projects on Fire Island and near Healy (between 50 and 100 MW each). There are also current proposals to generate electricity from tidal power in Knik Arm. The Railbelt currently uses about 5 billion kilowatt hours (10'Whs) of electricity per year, A 330 MW hydro project atChackachamna with a 45% capacity factor could produce approximately 1.3 billion kWhs of non -fuel electricity per year. A 50 MW geothermal project with a 95% capacity factor could produce approximately 416,000,000 kWhs of non - fuel electricity per year. Two 75 MW wind projects, each with 33% capacity factors, could produce approximately 433,000,000 kWhs of non- fueI electricity per year. And, a 50 MW tidal project with a 30% capacity factor could produce approximately 131,000,000 kWhs of non -fuel electricity per year. The hydro projects have a lead time of approximately -8- Tri-Borough Commission Proposed Southeentral Energy Policy, February 7, 2008 -72- 10 years. The geothermal project would take approximately eight years to complete. The wind projects could be producing power in three years from the time the decision is made to build them, and a tidal project of the size described would probably not be possible for ten years. However, it can be seen that if all the projects were pursued and completed by 2018 that an additional 2.28 billion IcWhs of non -fuel electricity (almost half of current demand) could be generated. 11. Reduce Railbelt per capita residential consumption of electricity 10% by 2020 and natural gas for heating 10% by 2015 through regulatory reforms and state energy efficiency programs and incentives. a. Through a combination of carefully considered measures this goal can be met in 12 years. Heating appliances, electrical appliances and lighting all exist that are far more efficient than those most popularly in use today. The Ivey to meeting this goal will be the adoption of utility, local government, and state incentives and programs to rapidly convert to the more efficient appliances, and to encourage reduced energy usage during peak demand periods. A range of such policies exist in other jurisdictions that Alaskans can examine, tailor and adopt. 12. Develop regulations, initiatives & incentives to promote, encourage and establish economically viable CO2 underground sequestration infrastructure & industries in Cook Inlet by 2020, including processing facilities, pipelines, Enhanced Oil Recovery (EOR). a. The federal government has estimated that, through the use of CO2 enhanced oil recovery (EOR) techniques, Cook Inlet could produce an additional 300 million barrels of oil from up to 13 existing, aging oil fields in the region. Any likely expansion of the industrial base in the Southcentral region that takes advantage of North Slope natural gas liquids or Alaska coal resources will, generate significant volumes CO2 as a byproduct of the manufacturing processes. This green house gas will need to be seouestered in some form if any future ANS natural gas or Southcentral coal -based industrial expansion in the region is to take place. CO2 FOR offers tremendous potential to cost effectively capture and sequester CO2 waste streams from these industrial processes. CO2 FOR in Cook Inlet also would have the added benefit of generating significant new volumes of oil production, while generate a net gain in total sequestration of CO2 waste streams generated by the use of ANS natural gas liquids, Alaska coal and any crude oil generated by the CO2 FOR processes. The State of Alaska should take a leading role in promoting the development of economically viable CO2 FOR usage in the Cook Inlet region. -9- Tri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 -73- 1.3. The State of Alaska should support and invest in upgrades and extension of the existing Railbelt transmission grid system to prepare for and promote future economic growth in the region. a„ The Railbelt region of Alaska hosts over 60% of the population of Alaska and will likely see significant economic growth in the coming decades. Infrastructure, and especially electrical transmission systems, will be vital to encouraging and promoting that growth. The 23rd Alaska State Legislature established the Energy Policy Task Force to develop a long terra energy plan enhancing Alaska's economic future, evaluate our Iong term energy needs, consider how to use State owned electrical assets in the most efficient manner and determine policy that addresses the State's long term energy needs. Those recommendations remain applicable today and should be addressed as part of a long-range energy plan. 14, Seek through market processes to connect Southeentral Alaska to North Slope natural gas reserves by 2020 and engage in the recruitment of industrial users of North Slope natural gas and liquids to promote project economics. a. The future energy security and economic growth of the Southcentral region of Alaska is vital to economic future of Alaska. North Slope natural gas and natural gas liquids (NGL's) offer tremendous potential to secure that future. The State of Alaska and the communities of the South Central Alaska should seek to promote and support an economically viable pipeline connection to North Slope natural gas reserves. To maximize economies of scale, the State of Alaska and communities of the Southeentral region should also seek to engage and recruit industrial users for North Slope natural gas and NGL's to establish a long-term industrial z , —the Scathe tral region. 15. Encourage distributed generation of renewable electricity at the customer level through a comprehensive "net metering" program established by the State of Alaska. a. Distributed generation allows individual utility customer to generate all or a portion of their own power, generally by way of renewable energy resources such as wind and solar, thereby offsetting power that they would receive from the utility system. During periods when the customer's self - generation exceeds their use the excess power is fed back into the grid system and the customer receives credit that may be used to offset future energy used from the system. "Net metering" rules have been adopted by most states and are an effective means for establishing uniform policies for allowing individual customers to participate in distributed generation. The program allows individual customers to make local and global contributions to the environment and economv. -10- Z'ri-Borough Commission Proposed Southcentral Energy Policy, February 7, 2008 M 16. A School Of Energy should be established within the University of Alaska to promote energy research, education and workforce training focused on supporting the energy goals of the State of AIaska. a. Recognizing the need for applied energy research and testing to achieve many of the recommendations set forward in this report, an interdisciplinary energy program should be established at the University of Alaska and organized as a statewide program. The school could be modeled on existing programs at other institutions, such as the Energy and Environment Research Center at the University of Nor Lb Dakota or the Wyoming School of Energy; however Alaska has a unique set of challenges and assets which must be addressed. These include renewable energy resources as well as new approaches to fossil fuel extraction, and opportunities for developing stranded energy resources. Existing programs such as ISER (Institute of Social and Economic Research,), INE (Institute of Northern Engineering), the Geophysical Institute, the International Arctic Research Center and the Agriculture and Forestry Experiment Station are all important potential participants within the UA system. -11- Tri-Borough Commission Proposed Southcentral Enero) Policy, February 7, 2008 IM Conservation & Efficiency Links http://www. hnsboroesc.outlierproductions.c om/c onser,vationeffa.t Dnks to Information About Conserving Energy and Saving Money Upper Lynn Canal Programs/Reports Haines Borough Energy Conservation Plan [Downbad NEwt Peak OrI & Energy Transition: Preparing for Challenges& Opportunities, Haines Peak Oil Task Force Reportto Assembly. February 2008 EneLigy Tattc Mondays, 8:45-9:00 AM, KHNS, 91.9/102.3 FM, ES Coordinator Stephanie Scott shares energy conservation & efficiency tips and news. Follow the link to info for each show. Cnn=e rvatioo pfai; Commercial grade wind turbines in the Chilkat Valley: tvnraceanyv1111� LFD t ^c'bghC NOW! Bi;...r. NFIA:' IPEC Energy Plan 2009, presented 2128/09 at the Haines Energy Fair [Jcwnicad Sustainable Skagway, pv'w 4t st ti xbL'ak aatc Meeting the first and third Sundays or the month, 3 PM, at the Skagway Library. Sustainable Skagway biog h`tn i n. a,`,1- k tisy'.h.�c4.ii;t-orr. Chris Rose, Executive Director of Renewable Energy Alaska Project (REAP), Haines Presentation, April 18, 2009. Did you miss it? Here is the Alaskan Programs/Reports AHFC Home Energy Rebate Program 1-877-257-3228 wwvr.akrnabate ecm% AHFC Weatherization Program Alaska Community Development Corporation 1-800-478-8080 11- %,r 1129kard` Alaska Building Science Network H r r w.abs rrrr.' Alaska Center for Energy and Power, University of Alaska. Fairbanks v-11 uef I Cold Climate Housing Research Center, Fairbanks, Alaska w rw c-hre trot Alaska t ,rt,rrrn I!cme PBnc.-source of workshops promoting cost-effective energy efflctenct housing. Alaska Fnernx,nurh�•i,;y 813 West Northern Lights Blvd. Anchorage, Alaska 99503 Other DSIRE: Database of State incentives for Renewables & Efficiencyyn,, Interstate Renewable Energy Council (IREC) ENERGY STAR Program & Products Federal government -backed program helping businesses and individuals achieve superior energy efficiency ENERGY STAR Guide for Small Business: Putting Energy into Profitsf,Dowcload Cost Calculators • Incandescentto CFL Bulbs'-- r f-ufa'cr • T12 Magnetic Ballast to TB Electronic Ballast ,or Catcu;;,tcr • Incandescent Exit Signs to LED Ex!t Signs Cost Calculator • Savings if IT Power Management Features are Enabled Cost Calculator • Appliance Cost Calculator {^,r ur. gad NIEtYt Federal Tax Credos for Energy Efficiency Credits for Consumers, Home Builders, and for Commercial Buildings. Links to the IRS forms you will need. tax ream Table C.m� ,a:.ir Gas. EI 3 i"-nx o * !;S. Also includes the formulas to adjust current heating cost calculations to local prices in Haines. 907-771-3000 or in Alaska School Operations and Maintenances Best Practices to 888-300-8534 Save Energy Costs (Dca,,,Ocad , prepared by Princeton Energy Resources International for the US Department of Renewable EnardV Fund Energy. 1 of 3 12/16/2009 05:13 Page I of I Patricia Porter From: "Tina 8aidhdgo"<dna@kenuichennber.orQ> To: "' Pat Porter" ,kenainnaynr1 .00ro>,"'Pa\Pnder283-7535"`/juab)ut44@hotnoui|.00no` Sent: Wednesday, December 1O.2OO94:41 PM Subject: Milt A||en'oStatement Pat, this took mowlong Nget to you, Below ioustatement from KfikAllen atWde\hmoo: All, It is difficult for metocomprehend the thought that our city leaders would support aresolution that does not support the industries that have sustained the community itself. While I am all for alternate energy sources, the functional reality is years away. Our community needs the oil and gas industry for our very existence today as well as into the future, until alternate energy sources have been established and proven an effective option.. The message our city leaders need to send is that the Kenai Peninsula is "open for business". Aocommunity leaders they are compelled 8odu everything they can tobring new industry tothe peninsula for future generations. With that said, I am unable to support the resolution as written. Milton Allen Project Manager UdelhwmnOilfield System Services, Inc. South District Office i/4Mile NikiskiDock Road NiNoki.A|*^ha 98635 {>Kioe 87)776'5111 Direct (0O7)77O'77U5 cell (087)384-1234 Tina Baldridge Executive Director Kenai Chamber ofCommerce 40%Overland Avenue Kenai, /\<{996ll Phone: 907-%837089 Fux:907'%83-7lA3 www,kcnaichaQober,org Business With Community* l2/l6/2A0V Carol Freas From: Hansen, Stephen W [Stephen.W.Hansen@tsocorp.com] 'ent: Wednesday, December 16, 2009 3:09 PM o: Carol Freas Subject: RE: Resolution No. 2009-68 Substitute A Preferred submittal if time allows. I am submitting the following lay down comments for tonight's City Council Meeting in regards to the Alaska Coastal Communities Global Climate Change Compact. My name is Steve Hansen and I am the Vice President and Refinery Manager for Tesoro Alaska. While I applaud the Kenai centric language In the resolution, I cannot support it because Kenai will remain a signatory to the Compact. I believe this Compact has far more downside than upside regardless of whatever additional language is inserted. The communities signing on to this may add their own "job protection" language, but it will likely not be utilized in a forward agenda. The Compact will be held up and used to rally support for proposed legislation. And yes, the broadly worded statements in this Compact support "immediate" legislation to combat climate change. This is what you are signing onto; immediate legislation with a cut of any money generated. The devil is in the details and we do not know what these details are. Would any of you support an ordinance with such vague and broad statements? Unfortunately, neither proposal being debated in Congress recognize reducing greenhouse gas emissions on a global scale without disadvantaging U.S. companies. All legislation 1 have seen to date is disastrous for a refinery like the one here in Kenai. The special assistant to the governor for energy and natural resources bluntly reports that this -roposed legislation could sink a natural gas line and the in state refineries. I continue to see jobs and businesses aving the Kenai Peninsula that will not be replaced. The Oil & Gas industry is amongst the largest taxpayers to the Borough as well as providing premium employment to its residents. What are we doing to stem these job losses? Regardless of opinions regarding human contribution to climate change, Tesoro has its own goals above and beyond the tremendous regulation we currently operate under and face before us. I see all proposed legislation indirectly supported by this Compact as a threat to our existence as well as driving up energy costs for all residents. 1 do believe all of you are committed to protecting the jobs potentially impacted by "immediate" legislation. Regardless of what passes tonight, 1 do hope that you utilize your influence as a Council to drive our Congressional and State delegations to make wise decisions. From my view, the Peninsula and Kenai are losing bedrock jobs for its residents and the Council would be wise to express concern and foresight into attracting as well as retaining these positions. Regards, Steve Hansen BOB MOLLOY (907) 283-7373 (VOICE) - 283-2835 (FAX) bob@molloyforcouncil.com TO: Carol Freas, City Clerk CC: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley FROM: Bob Molloy DATE: 12-15-09 SUBJECT: Lay Down for 12/16/09 Council Meeting, Agenda Item D-2: Resolution No. 2009-68: A Resolution Of The Council Of The City Of Kenai, Supporting The Alaska Coastal Communities Global Climate Change Compact The attached document is a copy of a news report by the Associated Press downloaded from this link: http: / /www.google.com/hostednews/ ap/ article/ ALegM5gRa5F7Lv_zOOZKaH mbQENIyV3KdgD9CHUS980 This Associated Press report was published in the Sunday Peninsula Clarion on 12-13-09 and in the Anchorage Daily News, Section B Nation & World, on 12-13-09. Please make this item a lay down for 12/16/09 Council Meeting Agenda Item D-2. Thank you. -r- AP IMPACT: Science not faked, but not pretty (AP) 2 days ago LONDON E-mails stolen from climate scientists show they stonewalled skeptics and discussed hiding data .... but the messages don't support claims that the science of global warming was faked, according to an exhaustive review by The Associated Press. the 1,013 a -mails examined by the AP show that scientists harbored private doubts, however slight and fleeting; even as they told the world they were certain about climate chango.'Howevar, the exchanges don't undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions. The scientists were keenly aware of how their work would be vlswed and used, and, just like poiltiblans; went to great pains to shape their message. Sometimes, they sounded mote like schoolyard taunts than scientific tenets. The scientists were so convinced by their own science and so driven by a cause "that unless you're with them, you're against them," said Mark Frankel, director of scientific freedom, ' responsibility and law at the American Assoolation for the Advanoerheht-of Science. He also reviewed the communications. Frankel saw "no evidence of falsification or fabrioation of data, although concerns could be raised about some instances of very'generous Interpretations,'" Some e-mails. expressed doubts about the quality of Individual temperature records or why models and data didn't quite match. Part of this is the normal give-and-take of research, but skeptics challenged how reliable certain data was. The "ails were stolen from the computer network server of the climate research unit at the University of East Anglia in southeast England, an Influential source of climate science, and were posted online last month. The university shut down the server and contacted the police. The AP studied all the a -mails for context, with five reporters reading end rereading them — about 1 million words in total One of the most disturbing elements suggests an effort to avoid sharing scientific data with critics skeptical of global warming. it is not clear if any data was destroyed; two U.S. researchers denied IL The a -malls show that several mainstream scientists repeatedly suggested keeping their research materials away from opponents who sought it underAmerican and British public records law. it raises a science ethics question because free access to data is important so others can repeat experiments as part of the scientific method. The University of East Anglia Is investigating the b164199 of information requests. I believe none of us should submit to these'requests; " declared the university's Keith briffa. The center's chief, Phil Jones, wrote: "Data is covered by all the agreements we sign with people, so l will be hiding behind them." When one skeptic kept filing FOI requests; Jones, who didn't return AP requests for comment, told another scientist, Michael Mann: "You can delete this attachment if you waht, Keep this quiet also, but this is the person who is putting FOI requests for all a -mails Keith (Briffa) and Tim (Osborn) have written" Mann, a researcher at Penn State University, told The Associated Press: "I didn't delete any e- mails as Phil asked me to. I donl believe anybody else did," The e-mails also show how professional attacks turned very personal. When former London financial trader Douglas J. Keenan combed through the data used in a 1990 research paper Jones had co-authored, Keenan claimed to have found evidence of fakery by Jones' co-author. Keenan threatened to have the FBI arrest University at Albany scientist Wei-Chyung Wang for fraud. (A university investigation later cleared him of any wrongdoing.) "I do now wish I'd never sent them the data after their FOIA request!" Jones wrote in June 2007 In another case after initially balking on releasing data to a skeptic because it was already public, Lawrence Livermore National Lab scientist Ben Santer wrote that he then opted to release everything the skeptic wanted — and more. Santer said in a telephone interview that he and others are inundated by frivolous requests from skeptics that are designed to "tie-up government - funded scientists." The e-mails also showed a stunning disdain for global warming skeptics One scientist practically celebrates the news of the death of one critic, saying, "In an odd way this is cheering newsl" Another bemoans that the only way to deal with skeptics is "continuing to publish quality work in quality journals (or calling in a Mafia hit.)" And a third scientist said the next time he sees a certain skeptic at a scientific meeting, "I'll be tempted to beat the crap out of him. Very tempted." And they compared contrarians to communist -baiting San. Joseph McCarthy and Somali pirates. They also called them out-and-out frauds. Santer, who received death threats after his work on climate change in 1996, said Thursday: "I'm not surprised that things are said in the heat of the moment between professional colleagues. These things are taken out of context." When the journal, Climate Research, published a skeptical study, Penn State scientist Mann discussed retribution this way: "Perhaps we should encourage our colleagues in the climate research community to no longer submit to, or cite papers in, this journal." That skeptical study turned out to be partly funded by the American Petroleum Institute. The most provocative a -mails are usually about one aspect of climate science: research from a decade ago that studied how warm or cold it was centuries ago through analysis of tree rings, ice cores and glacial melt. And most of those e-mails, which stretch from 1996 to last month, are from about a handful of scientists in dozens of e-mails. Still, such research has been a key element in measuring climate change over long periods. As part of the AP review, summaries of the a -mails that raised issues from the potential manipulation of data to intensely personal attacks were sent to seven experts in research ethics, climate science and science policy. "This is normal science politics, but on the extreme end, though still within bounds," said Dan Sarewitz, a science policy professor at Arizona State University. "We talk about science as this pure ideal and the scientific method as if it is something out of a cookbook, but research is a social and human activity full of all the failings of society and humans, and this reality gets totally magnified by the high political stakes here." In the past three weeks since the a -mails were posted, longtime opponents of mainstream climate science have repeatedly quoted excerpts of about a dozen e-mails. Republican congressmen and former vice presidential candidate Sarah Palin have called for either independent investigations, a delay in U.S. Environmental Protection Agency regulation of greenhouse gases or outright boycotts of the Copenhagen international climate talks. They cited a "culture of corruption" that the e-mails appeared to show. That is not what the AP found. There were signs of trying to present the data as convincingly as possible. One e-mail that skeptics have been citing often since the messages were posted online is from Jones. He says: 'I've just completed Mike's (Mann) trick of adding in the real temps to each series for the last 20 years (from 1981 onward) and from 1961 for Keith's to hide the decline." Jones was referring to tree ring data that indicated temperatures after the 1950s weren't as warm as scientists had determined. The "trick" that Jones said he was borrowing from Mann was to add the real temperatures, not what the tree rings showed. And the decline he talked of hiding was hot in real temperatures, but in the tree ring data which was misleading, Mann explained,, Sometimes the data didn't line up as perfectly as scientists wanted. David Rind told colleagues about inconsistent figures in the work for a giant international report: "As this continuing exchange has clarified, what's in Chapter 6 is inconsistent with what is in Chapter 2 (and Chapter 9 is caught in the middle!). Worse yet, we've managed to make global warming go away) (Maybe it really is that easy._:)," But in the end, global warming didn't go away, according to the vast body of research over the years. R Not of the a -mails flagged by the AP and sent to three climate scientists viewed as moderates in the field changed their view that global warming is man-made and a threat. Nor did it alter their support of the conclusions of the Intergovernmental Panel on Climate Change, which some of the scientists helped write. "My overall interpretation of the scientific basis for (man-made) global warming is unaltered by the contents of these e-mails," said Gabriel Vecchi, a National Oceanic and Atmospheric Administration scientist. Gerald North, a climate scientist at Texas A&M University, headed a National Academy of Sciences study that looked at — and upheld as valid — Mann's earlier studies that found the 1990s were the hottest years in centuries. "In my opinion the meaning is much more innocent than might be perceived by others taken out of context. Much of this is overblown," North said. Mann contends he always has been upfront about uncertainties, pointing to the title of his 1999 study: "Northern Hemisphere Temperatures During the Past Millennium: Inferences, Uncertainties and Limitations." several scientists found themselves tailoring their figures or retooling their arguments to answer online arguments — even as they claimed not to care what was being posted to the Internet "I don't read the blogs that regularly," Jonathan Overpeck of the University of Arizona wrote in 2005. "But I guess the skeptics are making hay of their (sic) being a global warm (sic) event around 1450AD." One person singled out for criticism in the a -mails is Steve McIntyre, who maintains Climate Audit. The blog focuses on statistical issues with scientists' attempts to recreate the climate in ancient times. "We find that the authors are overreaching in the conclusions that they're trying to draw from the data that they have," McIntyre said in a telephone interview. McIntyre, 62, of Toronto, was trained in math and economics and says he is "substantially retired" from the mineral exploration industry, which produces greenhouse gases. Some a -mails said McIntyre's attempts to get original data from scientists are frivolous and meant more for harassment than doing good science. There are allegations that he would distort and misuse data given to him. McIntyre disagreed with how he is portrayed. "Everything that I've done in this, I've done in good faith," he said. He also said he has avoided editorializing on the leaked e-mails. "Anything I say," he said, "is liable to be piling on." The skeptics started the name-calling said Mann, who called McIntyre a "bozo," a "fraud" and a "moron" in various e-mails. "We're human," Mann said. "We've been under attack unfairly by these people who have been attempting to dismiss us as frauds as liars," The AP is mentioned several times in the e-mails, usually in reference to a published story. One scientist says his remarks were reported with "a bit of journalistic license" and "I would have rephrased or re -expressed some of what was written if I had seen it before it was released." The archive also includes a request from an AP reporter, one of the writers of this story, for reaction to a study, a standard step forjournalists seeking quotes for their stories. Associated Press writers Jeff Donn in Boston, Justin Pritchard in Los Angeles contributed to this report. Troy Thibodeaux in Washington provided technical assistance. Satter reported from London, Borenstein from Washington and Ritter from New York. EDITOR'S NOTE Find behind -the -scenes information, blog posts and discussion about the Copenhagen climate conference at http://www.facebook.com/theclimatepool, a Facebook page run by AP and an array of international news agencies. Follow coverage and blogging of the event on Twitter at: http://www.twitter.com/AP_ClimatePool. Page 1 of 1 Patricia Porter From: "Laura Sievert" <LSievert@KPBSD.k12.ak.us> To: <ryan@marquisforkenai.com>, <cpajoe@altrogco.com>; <barry_eldridge@yahoo.com>; <hvsmalley@yahoo.com>; <mboyle@alaska.com>; <kenaimayor10@msn.com> Cc: <bob@molloyforcouncil.com> Sent: Wednesday, December 16, 2009 3:27 PM Subject: please support Climate change Compact I can't attend the meeting tonight, or I would be there speaking in support of the Alaska Coastal Communities Global Climate Change Compact. Please help make Kenai a forward -thinking community, as well as one that is diversifying in the face of declining oil supplies. Thanks- Laura Sievert 12/16/2009 Carol Freas From: lent: Subject: FYI Joe Moore goem@altrogco.com] Tuesday, December 15, 2009 7:08 PM Carol Frees; Krista Stearns Fwd: City Council Meeting ---------- Forwarded message ---------- From: Bill or Lois Nelson <wrnelsonO(ci.nct> Date: Tue, Dec 15, 2009 at 6:14 PM Subject: City Council Meeting To: e�frogco.com Dear Councilor Moore, We are writing you to express our desire that you not support passage of Resolution 2009-68 A&B at the the Kenai City Council meeting on December 16, 2009. We have a number of concerns with this resolution as we feel it will certainly impact local industry and the trickle down effects it will have on our local economy. We do not feel the opposing views to the claims are not being considered, the proposal is too open-ended and looks to us as just an effort to do something to make the communities "feel good". Little thought seems to be have been done to think this through, and if the proposal becomes a national issue, what it will cost )u, I and citizenry of America. And while we can agree with the use of alternate sources of energy, renewables, etc. ?se just aren't reliable or productive enough to satisfy the demand of South Central Alaska or the 48 United States. For ..,stance, given the weather of the past 2-3 weeks I doubt that wind power has produced of nickel's worth energy, nor would have solar. Hydro is a great source if it didn't require dams. If you would propose hydro utilizing the tides of Cook Inlet, we could support that 100% as we could nuclear which is utilized in many European countries without a problem. Please do not vote in haste in favor of an issue that eventually would have serious consequences to our city and state. Respectively yours, Bill and Lois Nelson 209 Susienana Lane Kenai, AK 283-5194 Joseph L. Moore CPA Altman Rogers & Co. 907-262-7478 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE KENAI PUBLIC HEALTH CENTER FOR ITS RECENT EFFORTS IN PREPARING THE COMMUNITY FOR THE H1N1 VIRUS. WHEREAS, the Kenai Public Health Center provides a wide variety of health assessments, health promotion and disease prevention services and program management for the Central Peninsula; and, WHEREAS, the Kenai Public Health Center has continued to adhere to its core principals of preventing epidemics and the spread of disease, preventing injuries, promoting and encourage healthy behaviors, and assuring the quality and accessibility of health services; and, WHEREAS, the Kenai Public Health Center recently formed a special HINT Task Force to prepare for and oversee the monumental task of immunizing residents of the Central Peninsula for the HINI Virus; and, WHEREAS, the Kenai Public Health Center has shown to be proactive in taking aggressive steps toward keeping our citizens, children and community healthy through distribution of vaccine and reducing the impacts locally. NOW, THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALAgKA; the Kenai Public Health C. r-T r C. ..b� ,..,.....C....0 recent efforts in preparing the community for the HINT Virus. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16t', day of December, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR IN Suggested by: Councilor Smalley CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE EFFORTS OF THE KENAI PENINSULA FOOD BANK `BUILDING TO NOURISH" CAMPAIGN TO SECURE BOTH PUBLIC AND PRIVATE FINANCIAL SUPPORT TO MATCH A RASMUSON FOUNDATION GRANT FOR BUILDING RENOVATIONS AND UPGRADES THAT WILL ENHANCE THE FOOD BANK'S EFFORTS TO PROVIDE MORE FOOD TO THE INCREASING NUMBERS OF HUNGRY WITHIN THE KENAI PENINSULA BOROUGH. WHEREAS, for 22 years the Kenai Peninsula Food Bank has helped feed hungry residents within the Kenai Peninsula Borough because no one deserves to be hungry; and, WHEREAS, the Food Bank now processes and distributes, vrith the help of their 55 member agencies, over one million pounds of food annually which monthly touches over 20% of Borough residents, including children who account for 30% of those served; and, WHEREAS, the Food Bank has had to turn away food donations due to the lack of available on -site cold storage; and, WHEREAS, the Kenai Peninsula Food Bank is now processing at least 45% More food than at the time of building construction in 1997; and, WHEREAS, after an in-depth space needs study in December 2008 the Kenai Peninsula Food Bank was awarded a $395,000 challenge grant from the Rasmuson Foundation to help fund half of the building upgrades, including a warehouse addition with a new energy efficient cooler/freezer; and, WHEREAS, the Kenai Peninsula. Food Bank must match the Rasmuson Foundation grant dollar for dollar to pay for the needed building improvements which will make it possible to receive and distribute more food to fight hunger within the Kenai Peninsula Borough; and, WHEREAS, the Kenai City Council acknowledges that in these harder economic times hunger is a growing problem and no one deserves to be hungry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Kenai Peninsula Food Bank's efforts to secure both public and private funding to match the Rasmuson Foundation grant for building renovations and. upgrades that will enhance the Food Bank's efforts to provide more food to the increasing numbers of hungry within the Kenai Peninsula Borough. -77- RESOLUTION NO. 2009-71 PAGE 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Te# Underlined; (DELETED TEXT BRACKETED] WN December 9, 2009 Kenai City Council Members City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Because no one deserves to be hungry Dear Mayor and Council Members: The Kenai Peninsula Food Bank has undertaken the Building to Nourish campaign to raise $395,000 to match dollar for dollar a Rasmuson Foundation challenge grant to help fund much needed building improvements. An important consideration in our grant applications is proof of local support. Therefore, the campaign cabinet join me in asking for your support of the attached Resolution. Your approval will publlc!y recognize our campaign and enhance our efforts to obtain both private and public donations in order reach our goal. Hunger is a growing problem! However, in recent years the Food Bank has had to turn away food donations due to the lack of cold -storage space at our warehouse just off of Kafifonsky Beach Road. The campaign will fund an addition to the warehouse, which will include a much larger energy efficient cooled freezer unit. Other renovation/repairs include a new heating system, an upgraded 3-phase electrical system, foundation repairs, an arctic entry and waiting area, a deep sink and restroom in the warehouse, a delivery area canopy, and enhanced safety features and equipment in the food processing area, it is our desire that the improvements will allow us to obtain and process more food for the increasing numbers of hungry on the Kenai Peninsula because no one deserves to be hungry! Over a quarter of the Food Bank's agencies, including the Kenai Senior Center, provide food to Kenai residents. We feed people because no one deserves to be hungry. For more information on the improvements and the Building to Nourish campaign, please visit our website at www kpfoodbank orebm, t have also included a copy of our two campaign brochures. Please contact me if I can provide additional information or answer your questions. *inda Swarner Executive Director L 'nited Way 33955 Community College Drive Soldorna, Alaska 99669 (90) 262-3111 fax (907) 262-6428 -79- vd�d 1h 1 f r y (5 li U'F C�� I Y, R N d o rmF ." i.» D u -- 1 ,. )very year, the !Pooh Bank touches, morn than 6 peis,n' or the Kenai Peninsula's S,i,000 residents, a diverse popu,5imoi that is slaread. over an area about the size of West Virginia. 1,11mt hunger resolts from poverty or lanan.cial constraints. While cerfain groups are at greaten risk, hunger arts across the income spectrum, at] demographic^., and the urhan-rural eontinu,um. m 4 1 t !vdajor improvcmerts to the Prod Hanle builiiing arc far :,'aching asd will allow us to serve our clients is x rnoru me:uifaAgFnl wary. "the go l is to develop a {.-,chit- Chat cconnfeytkly tucommodites more dkmts and volimaeers. D) ign and constwctmn will rruczimize the existing f icility Nw;md renovated spaces will b¢ enci p effident'and imei friendly. Growing the Base Naire. tsr; tal: t'Jeld Growing the Menu P>E svu 4e zor andh Growing the Base i r %ofF r -raarn Growing the Service Nf,'w canapty rsieS Growing the Menu .:Y Vlp, 31< Nevv entry .and}'gitcMfS rtK am!i dI r II Growing Within ;ie( 5c d2 0l Ri"w'st Vrtv.k.} 7 1 `1and �...4 Growing the Base i J R pw' ..miJa i.o: t'- Growing the Menu Growing the Service >G'JtFrS. ^sti.nzge f4tT'.if --`' Growing the Base Growing Within Ul a, -a de Pad.€i r3 r - wide' zoir Sift p allo' tyiE>`.%Ytx,^,>;i se5'J;ces lFF d-,ma _x_- 11 0 Every contribution is appteclated and recognized, All donors will be recognixed in the newslettor; ill prir„ ads, oft our well site, and permanently on loctnon,'iluise aon[ributing 47,000 or more will receive a wooden. plaque, Donors contribotin,g SIS,000 or maxi will receive special recognition at the iy�ronna breaking ceremony. eIl a µ }v� N ryo, �i i Zlj t Por morn tlsan two deeades,thePoociB nia.as re Iied on ill("' of i,tdivictuals anti carlpanies nn the Kenai heninsuhl and statewide. Raising die ,noneY to increase wrirchouse space and add an energy s(hciunt, freezer land cooler unit to the evarehouse facility without nnertupfing service is the No. f priority of oic Food Bank Board of Directors. We :vie asking you and the, to dor:ate money to ibis important capital campaign so that we can raise any addihmail $39S,000 andbegin. construction in 2010, 0,,te3zrr, ---go to kpfbodbank,org/btii N, it>; _.-fill out this card and mail it with 'a check or credit card information rw Kenai ('e r sla Fo... i Bank, 33955 Ccrmmuntty College Dr,vc, So.donna, AIz 99669. 04�__c011e. to theXersai P runsul2 Food Bank at 33955 Community College Drive, ,Soidotna, AK 99669, or call (907) 262-111 I . Fo* more information, go to kpfoodhank.ore email cu at food help(opB nsluwrcz, or ual7 907-262-311 L 9r e. Pood 11arltis a --Sol (c) (3) non-pro$t and donations may be o¢a deductibio. C+m.sultwith your tax professional '^ A M E rF'c3 > C A -83- Narme b,nr. Hmati Amount n Ca,d Ise e[r. lej ':umber �r rh"�rty"f// KENAIALASKA Suggested by: Administration A RESOLUTION OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH TO ALLOCATE $2,000,000 OF ITS VOLUME CAP OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS TO THE CITY OF KENAI FOR ISSUANCE TO FUND THE CITY'S LIBRARY EXPANSION PROJECT. WHEREAS, the American Recovery and Reinvestment Act of 2009 added §§ 1400U-I through 140OU-3 to the Internal Revenue Code authorizing state and local governments to issue up to $10 billion in Recovery Zone Economic Development Bonds ("RZEDBs"); and, WHEREAS, the Internal. Revenue Service has allocated RZEDBs among the states and counties and large municipalities; and, WHEREAS, the Internal Revenue Service by Announcement 50-2009 has allocated $4,877,000 of RZEDB volume cap to the Kenai Peninsula Borough ("Borough"); and, WHEREAS, the Internal Revenue Service has determined that counties and large municipalities to which RZEDB volume cap has been allocated may allocate such volume cap to ultimate beneficiaries in any reasonable manner as they shall determine in good faith in their discretion; and, WHEREAS, the City of Kenai ("City") is requesting the Kenai Peninsula Borough re- allocate $2,000,000 of the Borough's RZEDB volume cap to the City for the financing of the City's library expansion project; and, WHEREAS, the voters of the City have authorized the City to issue up to $2,000,000 of general obligation debt to finance the City's library expansion project, it appears that the project would qualify for financing with RZEDBs, and allocation of $2,000,000 of the Borough's RZEDB volume cap to the City for that purpose would be in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: SECTION 1: The City requests the Borough to allocate $2,000,000 of the Borough's RZEDB volume cap to the City of Kenai for the financing of the City's library expansion project. SECTION 2: The City Manager hereby is authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of this resolution. SECTION 3: This resolution shall become effective immediately upon adoption. no Resolution No, 2009-72 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: W New Text Underlined; (DELETED TEXT BRAC{ETED1 i \ X y theci�c�,f� E A1� A A To: Rick Koch, City Manager 11K&ye witk a Fast, C# witk a Ftme" FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 �z. From: Terry Eubank, Finance Director Date: December 7, 2009 Re: Recovery Zone Economic Development Bonds As part of the American Recovery and Reinvestment Act (ARRA) the Kenai Peninsula Borough has been allocated the right to issue up to $4,877,000 of Recovery Zone Economic Development Bonds. The entire State of Alaska was allocated $90,000,000. The allocation areas were determined by the Internal Revenue Service. As a jurisdiction within the Kenai Peninsula Borough, the Borough can allocate all or aportion of its bond allocation to City. i Recovery Zone Economic Development Bonds are taxable bonds that governmental entities may issue on which the Federal Government has promised reimbursement of 45% of the bonds' interest payments. This structure has proven to reduce the effective interest rate on bonds issued by governments below that of traditional tax-exempt bond issuances. It appears the City Library Expansion Bonds will be a good fit for this program. In order to explore this option the City is requesting the Kenai Peninsula Borough allocate $2,000,000 of its $4,877,000 bond allocation to the City. This will allow the City to move forward with the project's debt issuance as construction is planned for spring 2010. Estimated savings to the City for issuance of Recovery Zone Economic Development Bonds versus traditional tax exempt municipal bonds is $424,640 for a 20 year bond. The present value of that savings is $265,605 discounted at 5%. Attached is a draft resolution, prepared by the City's Bond Counsel, that will be submitted to the Kenai Peninsula Borough with the passage of this resolution. The draft resolution provides the necessary Iegal language for the Borough to allocate the City its desired bond allocation. Attachment No Introduced by: Mayor Date: Action: Vote KENAI PENINSULA BOROUGH RESOLUTION 2009- A RESOLUTION ALLOCATING $2,000,400 OF RECOVERY ZONE ECONOMIC DEVELOPMENT BOND VOLUME CAP TO THE CITY OF KENAI WHEREAS, the American Recovery and Reinvestment Act of 2009 added §§ 140OU-1 through 1400E-3 to the Internal Revenue Code authorizing state and local governments to issue Recovery Zone Economic Development Bonds ("RZEDBs"); and WHEREAS, the volume of RZEDBs that may be issued is limited to $10 billion, which the Internal Revenue Service has allocated among the states and counties and large municipalities; and WHEREAS, the Internal Revenue Service by Announcement 50-2009 has allocated $4,877,000 of RZEDB volume cap to the Kenai Peninsula Borough ("Borough"): and WHEREAS, the Internal Revenue Service has determined that counties and large municipalities to which RZEDB volume cap has been allocated may allocate such volume cap to ultimate beneficiaries in any reasonable manner as they shall determine in good faith in their discretion; and WHEREAS, the City of Kenai ("City") has requested that the Borough allocate $2,000,000 of the Borough's RZEDB volume cap to the City for the financing of the City's library expansion project; and WHEREAS, it appears that the City's library expansion project would qualify for financing; with RZEDBs, and that the allocation of $2,000,000 of the Borough's RZEDB volume cap to the City for that purpose would be in the best interest of the Borough and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Borough hereby allocates $2,000,000 of the Borough's RZEDB volume cap to the City of Kenai for the financing of the City's library expansion project. Resolution 2009-_ Kenai Peninsula Borough, Alaska Page 2 of 3 -87- SECTION 2. The Mayor hereby is authorized, empowered and directed to do all acts and things and to execute all documents as may he necessary to carry out and comply with the provisions of this resolution. SECTION 3. This resolutions shall become effective immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TINS _ DAY OF DECEMBER 2009. Milli Martin, Assembly President ATTEST: John Blankenship, Borough Clerk Yes: No: Absent: Resolution 2009 Kenai Peninsula Borough, Alaska Page 3 of 3 i I << CITY OF KENAI Suggested by: Administration KENAI, ALASKA RESOLUTION NO. 2009-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER WITH THE KENAI CONVENTION & VISITORS BUREAU, INC. WHEREAS, the Kenai Convention &, Visitors Bureau, Inc. (KCVB) has managed the Kenai Visitors and Cultural Center (KVCC) since January 1, 1.992; and, WHEREAS, the KCVB desires to continue to manage the KVCC and provide visitor and cultural related services for the City of Kenai; and, WHEREAS, the City is satisfied with the performance of KCVB and desires to have KCVB continue to manage the facility; and, WHEREAS, the new management agreement more clearly defines the scope of work and the responsibilities of the contractor; and, WHEREAS, the City Administration has conducted an independent analysis of the cost of managing the KVCC and providing visitor and cultural services; and., WHEREAS, the City Administration and KCVB has found $125,000 per year to be a fair and reasonable compensation for the services required; and, WHEREAS, the effective date of the new management agreement will. be January 1, 2010, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Council approves the Facilities Management Agreement for the Kenai Visitors and Cultural Center with the Kenai Convention & Visitors Bureau, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of December, 2009. ATTEST: Carol Freas, City Clerk PAT PORTER, MAYOR 0 a "Village with a Past, C# witk a Fug ure" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 f FAX: 907-283-3014 KENAI, ALRSKA TO: Council FROM: Rick Koch DATE: December 9, 2009 SUBJECT: Resolution 2009-73, Facilities Management Agreement for the Kenai Visitors and Cultural Center The purpose of this correspondence is to recommend Council approval of the above referenced facility management agreement with the Kenai Convention & Visitors Bureau, Inc. (KCVB). Administration performed a detailed analysis of a proposal submitted by the KCVB and of the 2009 KCVB Budget. The analysis is attached as a letter dated November 18, 2009. My analysis determined that a fair level of compensation to the KCVB for the management services required by the City to be in a range of $95,000 to $115,000 per year, this includes $ 10,000 for adveris ng i ..,, visitors Guide. After several exchanges of additional information and several meetings to define the scope of the management agreement an agreement in principal was reached defining both the scope, and level of compensation. Attached please find the form of the management agreement which includes compensation in the amount of $125,000 per year. While the compensation is slightly in excess of my analysis, there are many tasks performed by the KCVB which justify this level of compensation. The KCVB will submit quarterly reports to the administration identifying work performed in the previous quarter. Thank you for your attention in this matter. if you have any questions, please contact me at your convenience. me I'Villa e uaiik gz Past Ci# iwiek a Fa are oo 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 4 �'dn Telephone: 907-283-7535 / FAX: 907-283-3014 1gpP 992 November 18, 2009 Ms. Natasha Ala, Executive "Director Kenai Convention & Visitors Bureau, Inc. l I471. Kenai Spur highway Kenai, AK 99611 Subject: Facility Management Contract for Kenai Visitors & Cultural Center Dear Ms. Ala: The purpose of this correspondence is to discuss my review of your proposal for a Facility Management Contract for the Kenai Visitors & Cultural Center dated September 11, 2009, as well as provide a detailed explanation of the analysis used to determine the scope and an appropriate level of compensation, While it does appear the current level of compensation should be increased, the City proposes a substantially smaller increase than what is being proposed by the KCVB. The level of financial detail in the KC,VR proposal and supplemental information dated September 18, 2009, was insufficient to analyze the proposed income and expenses for services required by the City. The KCVB financial documents did not delineate between revenue/expense for services required under the proposed management contract and those that are not required under the proposed management contract. Because it is not appropriate for the City to share in revenue/expense outside the scope of the management agreement, revenue/expense for services required by the City and other KCVB activities must be separated. As a result, i used the KCVB 2009 budget document (as of 11/3/09) as the base data for my analysis. My analysis shows the estimated expense for services required by the City to be approximately $251,600, and the estimated income to be $238,400 (includes City funding of $79,000). The KCVB 2009 Budget does not identify separate budgets for services required by the City and for other KCVB activities (not required under management: contract). I have attempted to alkocate. an appropriate expense to each category. The budget line items most affected by shared d -91- allocation of expenses are salaries and other personnel costs. "There are a few broad categories of services that are required by the City, and Other KCVB Activities. These would be as follows Services Required by the City L Recreation/Visnors Guide 2. Ad sales 3. Fundraising 4. MASS'T Grant 5. Membership 6. Retail Sales 7. Advertising foa Visitors & Conventions 8. Cultural Exhibits & Displays Other KCVB Activities (Not Required by City) 1. Saturday Market 2. Meetings (Rentals) 3. Art Shows 4, Charitable Gaming 5. Operation of a Museum 6. Restoration of Museum Artifacts 7. Kenai river Marathon The table below provides a summary of the attached analysis of the 2009 KCVB budget, identifying revenues and expenses for activities required by the City, other KCVB activities, and excess expenses in the KCVB budget: b dget 2t 09 KC'VB Est,ucllget for psi. aAkd4gdG for c xcess Expenses Category Budget Activities Other KCVB in KCVB Required by AcLkvAtaes Y Budget i Q,PV.v Total Income $ 433,739 $ 238,356 $ 195,383 $ 0 Total Expense I $ 447,589 $ 251,589 $ 189,5251 $ 6,475 filet Income ($ 13,850) i _ ($ 13,233) $ 5,858 ! ($ 6,475) (loss) *Some expenses shown no this category, such as 60000-Advertising may be excess expenses either in whole or in part which would increase the net income in this category and increase the loss in the. ]Excess Expenses category. M Following my analysis, I have some specific questions as to the purpose/scope of some line items in the KCVB 2009 Budget. I do not believe the conclusions put forth in my analysis will be significantly affected by the answers to these questions: 1. (N/A -Admissions) Budget is $0, income and expense, includes note stating "Moved to Patrons Budget". In 2009 did the KCVB charge admission to the Visitors Center? If so, for what activities? 2. (4080i-Saturday Market Grant Income) Budgeted income is $5,000. ghat grant provides this income? What organization is the grant recipient? 3. (41300-matrons of the KVCC) Roes this represent income from admissions? If so, what is admission charged for? 4. (60000-Advertising) Budgeted expense is $40,000. Using advertising expenses from the KCVB proposal I have determined there may be excess expenses budgeted (for activities required by the City) in the amount of $21,534. ,I am unable to determine if these the +/- $21,534 is advertising to support the Saturday Market, Art Shows, Museum, etc., or is an over estimation of the cost of advertising for activities required by the City. I have calculated advertising for city required activities to be $18,466. Do you agree with this analysis? 5. (60600-Community Relations) Budgeted expense is $4,500, What does this expense represent? 6. (60950-Dry Cleaning) Budgeted expense is $500. What does this expense represent? 7. (61850-Membership/Dues/Subscriptions) Budgeted expense is $4,550, What does this expense represent? Vdhat are the specific memberships/dues/subscriptions? 8. (62300-Professional Pees) Budgeted expense is $1,000, What professional service(s) does this represent? in my analysis, some expense items have been allocated between "Services Required by the City", and "Other KCVB Activities." The majority of these have been allocated 70% to required services and 30% to other KCVB activities, as I estimate that is the sprit of staff time. One major exception is (61520) Insurance -Employee Health. My analysis recognizes 700/c, or $7,000 of the cost of Insurance -Employee health as was provided for in the KCVB 2008 budget as a required service. The KCVB 2009 budget has increased health insurance from $ 9,910 (2008) to $39,573 (2010), an increase of $29,663 or 300%. The City does not require its contractors to maintain any specific level of health insurance and the 2009 budgeted expense is significantly in excess of what I believe the market cost for this item under a typical. contracted management agreement. M While appropriately not included in the KCVB budget document, I believe it is important to recognize and to quantify the City's contributions to supporting the KCVB's other activities not required by the City. The table below attempts to identify and quantify the City's in -kind contributions to the KCVB. Description of in -Kind Contribution by City to KCVE (Annual) Antitunt Meeting Space for KCVB Events and Rentals ($100 x 20) $1000 Saturday Market Space ($100 x 1.4) � $1,400 r Janitorial Service (30% of total) _ $1,440 i _ _ Office Space for KCVB (30% x 400s.f. x $1.65 x 12) _ $ 2 376 Kitchen Space far KCVB Events & Rentals ($100 x 20) $2,000 Art Show Space ($1,500 x 4) $6,000 Snow Removal (30% x $2,500) $ 750 Building Utilities (30% x $ 24,000) $7,200 Total Estimated In -Kind Contribution $23 166 i In summary, my analysis shows the City presently pays the KCVB approximately $13,233 less than what it costs the KCVB to perform the services the City requires under the proposed Facilities Management Contract. Linder the present agreement, the City pays the KCVB $69,000 annually, and an additional $10,000 for advertisement in the Visitors Guide, or $ 79,000 total. The City proposes to increase the overall level of compensation to $95,000 per year, inclusive of the Visitor Guide advertising. Please find attached a spreadsheet showing my financial analysis and an amended draft of the Facilities Management Contract. I look forward to your response to the ouesdo ns I have aqk,-,d in. this Ct?rr e_=prn:?an�,n_ and subsequent. meeting with you and your executive board. Sincerely, C Q� -Y OF IC�ENAI � R. Koch City Manager o Analysis of KCVB 2UL 3udget & Proposal 1, )091:36PR,h Budget Code Income Item Description -- 2009 KCVB Budget - - - - — Estlrciated Income From Services Requized by City Estimated Income from Other KCVB Activities ... __ .............� �,..m....—.. Notes/Remarks NfA Admissions $ - $ - $ - KCVB budget shows moved to Pat.rons? 40100 Ad Sales Rec. Guide $ 20,000,00 $ 20,000.00 $ - Income Reduced to S 20K from $ 35K by KCVB. $ 1QK Income from City 40150 Ad Sales - Lobby LCD Screen $ 500,00 $ 500.00 $ N/A Art Show Auction $ - _ $ - $ - __ T Moved to Patrons Budget 40250 Brochure Distribution $ 300.00 _ $ 300.00 $ - 40300 City of Kenai $ 69,0Omo $ 69,000.00 $ - 40400 Commissions $ 30.00 $ 30.00 $ - 40700 Donation Bor. $ 700.00 $ _ 700.00 $ - _ 40750 Fundraising $ 25,876.00 $ 25,876.00 $ 40900 Grants $ - $ - $ - 40801 Saturday Market Grant Income 5 5,000,00 S - $ 5,000.00 what grant provides this income? 40902 MASST Grani Income $ 16,550.00 $ 16,550.00 $ - 40804 AASLN Grant income $ - $ - $ - -------------------------------------- 40900 Kenai River Marathon $ fi,000.00 _ $ - $ 6,omoo 41000 _ Membership Dues $ 35,000.00 _ $ _ 35,000.00 _ 41100 Membership Programs- 41200 Gaming - Old Town Bingo $ 155,000.00 $ - $ 155,000.00 41300 Patrons of the KVCC $ 11,883,00 $ - $ 11,883.00 41400 Program _ 415010 41600 Rental</Meetings $ 6,000.00 - $ 6,000.00 41700 Retail Sales $ 65,000.00 _$_ $ 65,000.00 $ - _ J� 41800 Retail5ales Art $ - $ - $ - Patrons Budget SAS09 41900 Retail sales- Commission Sales- $ S,000.00 _ $ 5,0Drrm $ 42000 Saturday Market $ $009.00 _ $ - $ 8,000.00 42100 Sponsorships S _ _ 42300 80000 81000 84000 _ Vending income Interest income _ Sales tax Discount NSF Fees _. Total lnrome $ 100.00 $ 3,500-00 $ 300.00 $ 433,73q.00 $ 100,00 $- $ 300.00 $ 238,356.00 I $ 3,500,00 $ - $ 195,383.00 _ Page 1 of 4 naiysis of KCVB 206_. Budget & Proposal 3.1, 1091:36 PM Budget Code 50000 Expense Item Description ,s. _ _ �. COGS-P,etail 2009 KCVB Budget - — $ 32,50090 Estimated Expenses for Services Required by ..w.s.,,..._ $ 32,500.00 Estimated Expenses for Other KCVB Activities Estimated Excess Expenses for Services Required by City Notes/Remarks _.. �.,.,- 51000 COGS -Retail -Art $ 51100 _ Freight and Shipping Cost $ Sun $ 50.00 $ - 52000 COGS Retail - Commission Sales $ 3,750.00 $ 3,750.00 $ 60000 _ Advertising $ 21,534,00 $ - $ 21,534.00 Combination of Excess & Non Visitor & Cultural, KPTMC is appropriate organization for lower 48 marketing for Kenai Peninsula destination marketing Rack Cards $ 880.00 $ 880.W $ Fllaska Magazine -June Visitors $ 357.00 $ 357.00 $ - KenaiMunicipalAirportSign $ 1,620.00 $ 1,620.00 $ Milepost $ 1,940.00 $ 1,940.00 $ - KPTMC Discovery Guide $ 3,750.00 $ T 3,750.00 Gordon's Travel Guide $ 2,500.00 $ 2,500.00 Bells Travel Guide $ 1,195.00 _ $ 1,195,00 ATIA Official State Vacation Planner $ 3,574,00 _ $__ 3,S74.00 Vacation Country Travel Guide S 650.00 $ 650.00 $ - LocalPrint&Radio $ 2,000.00 $ 2,000.00 60000 Advertising- Museum $ - $ - $ - Moved to Patrons Budget 60100 Bank Pees $ 480,00 $ 480.00 60200 Bank Fees - Gaming $ 65.00 $ _- $ 55.00 60300 Bank Fees - Retail $ - $ - $ - 60350 Bankcard Fees $ 7700.00 _ $ 1,700.00 60400 Board Enrichment $ 3,000.00 $ - < 60500 Building MainLJLandscaping $ 1,6U0.00 _ S 1,600.00 60600 Community Relations $ 4,500.00 _ $ - $ 4,500-00 _ What is this? 60700 al Computersfiechnogy $ 4,000,00 $ 1,5moti $ 2,500.00 60900 Donations $ 100.00 $ 100.00 $ - 60950 Dry Cleaning $ SW.00 _ _ $ - $ 500.00 What is this? 61000 Equipment Lease $ 3,715.00 $ 2,600.50 $ _ 1,114,50 70%Visitors & Cultural Center, 30% Other Activities 61100 Equip- Repairs(Maiot. $ S00-00 $ 350.00 $ 150.00 70°6 Visitors &Cultural Center, 30% Other Activities 61150 ESC Expense- Employer $ 1,706.00 $ 1, 194.20 $ __ 511.80 709� Visitors &Cultural Center, 30l Other Activities 61160 FICA Expense - Employer $ 14,355.00 $ 10,048.50 $ 4,306.50 ^� 70%Visitors & Cultural Center, 30%Other Activities 61170 FUTA Expense - Employer $ 422.00 $ _ 295 A0 $ 126.60 _ 70%Visitors &Cultural Cantor,30% Other Activities 61251 MA55T Grant Expense $ 16,SSO.00 $ 16,550.00 $ - 61400 Insurance - Board Liability $ 1,836.00 _ $ 1,285.20 $ 550.80 _ 70°h Visitors & Cultural Center, 30% Other_ Activities 61500 Insurance - General Liabiiy --_ $ _1,785-00 5 _1,785.00 61520 insurance-Finployee Health $ 39,573,00 $ 7,000,00 $ 32,S73.00 City supports health care as in 2008 hudget, 70% Visitors &Cultural Center,30% Other Activities _ Page 2 of 4 I 4 t Analysis of KCVB 200, Budget & Proposal 111 309136 PM 61521 Insurance -Employee Life _ $ 279.00 $ 195.30 $ 83.70 70%Visitors & Cultural Center, 30_% Other Activities 61525 Insurance - Workman s Comp. _ $ 3,677,00 $ 2,573.90 S 1,103.10 70% Visitors & Cultural Center, 30%Other Activities 61526 Internet/051- $ 900.00 _ $ 900.00 61527 Interest Expense _ 61550 IRA - Employer $ 3,286.00 3,286.00 i 100°10 Other Activities 61600 Kenai River Classic $ 300.00 5 30U.00 61700 Kenai Rive, Marathon $ 6,000.00 $ - $ 6,000.00 61750 License/Pees $ 260.00 $. 260.00 $ _ - _ V 61750 License/Fees - Gaming $ 100.00 $ - $ 100.00 61800 Meals & Entertainment $ 1,000.00 $ -_ $ 1,000.00 61850 Membership/Dues/Subscriptions $ 4,550.00 $ 4,550.00 $ - What Are these? W61850 Memb.7Dues/Subs. - Museum $ - $ _- $ - Moved to Patrons Budget 61855 _ Museum Collection Maintenance $ - $ - $ - Moved to Patrons Budget 61900 Office Expense $ 2,000.00 $ 1,400-00 $ 600.00 70-A Visitors & Cultural Center, 30%Other Activities. What are these, how is these different from Office Supplies (62656) 61252 Portrait Project 5 - _ $ - $ - _ 62000 Postage $ 5,800.00 $ 4,060.00 $ 1,740.00 70% Visitors & Cultural Center, 30%Other Activities 62000 Postage -Museum $ - $ - $ - _ Moved to Patrons Budget ^j 62100 Printing $ 500.00 $ 350.00 $ 150.00 70% Visitors & Cultural Center,30% Other Activities 62100 Printing - Museum 5 - $ - $ - Moved to Patrons Budget 62200 Product Development $ 62300 PrOfeSS10031 Development $ 500.00 $ - $ 500.00 _ ` 100% Other Activities 62300 Professional Dev. - Museum $ - S - $ - to Patrons Budget _ 62300 Professional Fees $ I,U00.00 $ - $ 1,000.00 _Moved 100% Other Activities, What is UnS5 Financial staement Review 5 700.00 $ 700.00 $ - 62350 Professional Fees -Museum 62400 Program Expense $ - $ $ - Moved to Patrons Budget 52500 Raffle Expense $ $ _ 62525 Rec Guide Expense ('091 $ 20,000.00 $ ZQ000.00 62550 Salary- Executive Director $ 44,000.00 $ 30,800.00 $ 13,IU0,00 _ -_ 70°%Visilm s & Cultural Center,30% Other Activities 62550 Salary -Dir. Membership &Marketing. $ 33,280.00 _ $ 23,29&00 $ 9,984.00 70',5 Visitors & Cultural Center, 30% Other Activities 62550 Salary -Dir. Programs & Exhibits 5 33,280-00 $ - $ 33,280,00 100% Other Activities 62550 Dic-Retail& Visitors Services $ 31,200.00 _ _ $ 21,840.00 5 9,360.00 _ 70% Visitors &Cultural Center, 30% Other Activities 62550 Dir. Finance &Human Resources $ 18,720.00 $ 13,104.00 $ 5,616,00 70% Visitors & Cultural Center, 30%Other Activities _ 62550 Dir. Saturday market/Visitor Asst. $ 15,360,00 _ $ - $ 25,360.00 62550 Visitor Info Asst. Summer $ 7,600.00 $ 7,600,00 $ - 62550 Visitor Info Asst. Summer $ 3,800,00 $ 3,800.00 $ - 62555 Saturday Market Expense $ 6,500.00 $ $ 6,500.00 100 o Other Activities _ 62560 Staff RelationVEevelopment $ 500.00 $ - 5 500.00 100% Other Activities 62575 Staff Training $ 500.00 $ - $ 1007b Other Activities 62600 15torage - Museun ,500-00 100% Other Activities 52650 Supplies $ $ - $ - Movetl to Patrons Budget Page 3 of 4 Analysis of KCVB 206- 3udget & Proposal 11/ 7091:36 PM 52651 Cleaning &Maintenance $ 250.00 5 250.00 $ �" 62652 First Thursday $ - $ - $ Moved to Patrons Budget 62653 Kitchen $ - _ $ - $ - Moved to Patrons Budget _ 62654 _ _ Meeting $ 3,500.00 $ - $ 3,500.00 _ 100%Other Activities 62656 Museum $ - $ - $ - Moved to Patrons Budget 62656 Office _ $ 5000.00 $ 3,500.00 $ 1,500,00 _ _ 70% Visitors & Cultural Center,30% Other Activities 62657 Retail $ 1;500.00 $ T 1,500.00 $ _ 62658 Moving/1100cation $ - $ - N/A Summer Show $ - $ - 62800 1% State Gaming Tax $ 2,000.00 $ - $ 2,000.00 100% Other Activities 62900 telephone - $ 4,100.00 $ 2,870.00 $' 1,230 00 70% Visitors & Cultural Center, 3Cr%Other Activities 63W0 Trade Shows $ 4,640.00 4,6gU 00 $ 4,640 !s budgeted excess to need Great Alaska Sportsman Show ANC $ 995.00 $ 995.00 $ - _ T Matsu Outdoorsman Show $ 475.00 $ 475.00 $ - ATIATrade Show Brochure Distribution $ 750,00 $ 750.00 Travel & Lodging $ 3,500,00 $ 1,665.00 $ 1,835.00 $ 1,835 budgeted in excess to needs r632OO Website $ 2,500.00 $ 2,500-00Cash Short/Over $ 100.00 $ 100.06 $ - Total Expense $ 447,589.00 $ 251,589.00 $ 189,525.00 $ 6,475.00 Documents Used in this Analysis 1. Maintenance & Operations Agreement effective July 1, 1998 & 3 Amendments 2_ Letter from Koch to Ala w/attach. DatedAugust25, 2009 3. Wasilla Visitors Center Agreement dated June 13, 2007 ($100,000) 4, Palmer Vfstars Center Agreement effective 2009 ($ 51,000) 5. KCVB 2009 Budget, as of November 3, 2009 6. KCVB financial Statements, December 31, 2008 7, KCVB Balance Sheet -December 31, 2008 and Profit & Loss January through December 2008 8. E-mail w/attach, Ala to Koch dated September 28, 2009 9.Lettcr Ala to Koch dated September 29, 2009 10. Letter Ala to Koch dated September 18, 2009 11, KCVB Letter/Proposal w/attach Ala to Koch dated September 11, 2009 Page 4 of 4 FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER The parties to this Agreement are the City of Kenai (City), whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and the Kenai Convention and Visitors Bureau, Inc. (KCVB), whose address is 11471. Kenai Spur Highway, Kenai, Alaska 99611. The purpose of this Agreement is to define the roles and obligations of the parties regarding the management of the Kenai Visitors and Cultural Center (Center) owned by the City and located at 11471 Kenai Spur Highway in Kenai, Alaska. The parties agree as follows: Section 1--General The KCVB agrees to perform the services set forth in this Agreement. The KCVB agrees to perform the services under this Agreement with due diligence and care and in a good and professional manner. Section 2 -- Period of Performance This Agreement shall be in effect from January 1, 20'10, through December 31, 2013, unless terminated earlier as specified in Sections 7- 9, below. Section 3 -- Scope of Services The KCVB shall manage the Center and shall, in addition, provide the following services which services shall take priority over its other activities it performs at or in relationship to the Center: I) Specific Services A. Create, design, and produce an annual visitor's guide as well as other brochures and related sales materials designed to attract both instate and out-of-state visitors to the City of Kenai. The City of Kenai will receive pages in the annual visitor's guide, the, design of which shall be provided to the City and approved by the City Manager in advance of publication. The cost to the KCVB to provide this service regarding the annual visitor's guide is estimated to be $10,000 annually, plus the cost it incurs for design of the pages, and compensation for this service is included as part of the compensation provided for under this Agreement. B. Maintain a website designed to provide visitor information to attract both in -state and out -of -state visitors to Kenai. FACILITIES MANAGEMENT AGREEMENI FOR THE KENAI VISITORS AND CULTURAL CENTER Page 1 of 12 EW 0 designed to allow KCVB members to display brochures for distribution to the general public. The KCVB will also produce and display materials advertising the City for inclusion in, the city rack card display areas. D. Annually attend a minimum of two (2) in -state trade shows to distribute materials, answer questions, and provide a face-to-face experience with potential visitors to the City of Kenai. Examples of appropriate trade shows that would satisfy this requirement include the Great Alaska Sportsmen Show and Mat -Su Outdoorsman Show. E. Provide for advertisements in print and in online media in commercial quality publications and/or websites, such as: 1. Alaska Magazine; 2. The Milepost; 3. Kenai Peninsula Tourism Marketing Council (KPTMC) Discovery Guide; 4. Bell's Travel Guide/AIaska Mapbook; 5. Alaska Travel Industry Association (ATIA) Official State Vacation Planner; 6. Vacation Country Travel Guide; 7. ATIA Trade Show Brochure; and, 8. Gordon's Travel Guide. 2) General Services A. KCVB shall target consumer groups to encourage their members to visit and lodge in the City of Kenai through the distribution of press releases. Examples of the types of groups and/or interests the KCVR shall target are: Wildlife and bird viewing; 1 Kenai sport, commercial, and personal use fisheries; and, Attendees of conferences and conventions to be held in Kenai. B. Promote various City special events to attract visitors to the City of Kenai. C. Encourage tour groups to spend more time in the City of Kenai for visits, meals, andlor overnight lodging. 3) Hours of Operation A. The KCVB shall provide visitor information services at the Center no less than between the hours of 10:00 AM to 6:00 PM, seven (7)days per week during the summer season of Memorial Day through Labor Day. FACILITIES MANAGEMENT .AGREEMENT FOR'IHE KENAI VISITORS AND CULTURAL CENTER Page 2 of 12 B. The KCVB shall provide visitor information services at the Center no less than between the hours of 9:00 AM to 5:00 PM, Tuesday through Friday, and between the hours of 11:00 AM — 4:00 PM on Saturdays during the off-season after Labor Day to Memorial Day. The City Manager may agree to modifications to the hours of operation. 4) Kenai Visitor and Cultural Center Displays. As time and funding allows, the KCVB will provide exhibits and displays relevant to the Kenai area, including: A. General Information about the area B. Historical and Cultural 1, Display(s) informing the viewer of the cultural history of the Kenai'tze Indians, including present day presence in the community. 2. Display(s) informing the viewer as to the past and present Russian contributions and involvement in the community. 3. Display(s) informing the viewer about the Federal and State Homestead programs and the contributions of homesteaders and pioneers in the community. C. Industry 1. Display(s) informing the viewer of the history of oil and gas industries and about the importance and contribution of the oil and gas industries to Kenai. 2.Display(s) informing the viewer of the history of commercial fishing in the Kenai and Cook Inlet and of its importance to the cultural and financial development of the area. D. Sport Fishing —displays) informing the viewer of the history and importance of sport fishing in the Kenai area and in Cook inlet. 5) The City Collection of historical artifacts. A. By January 15 of each year of this Agreement, the KCVB shall provide the City Manager with an inventory of all items in the Center's collection and shall designate whether such items are owned by the City, the KCVB, or another person or entity. B. The KCVB may not accept either additions to the City's collection, or loans of items to the City. without the. written permission of the City Manager. C. By January 15 of each year of this Agreement, the KCVB shall provide the City Manager with a list of all items in the City's collection which the KCVB considers surplus or not needed. 6) Visitor Outreach Reporting - The KCVB shall provide the City Manager with a quarterly report of its activities under this Agreement containing at least the following information: A. Visitor Contacts — Track the number and nature of visitor contacts to the Center. This should FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 3 of 12 -101- include contacts made by phone, mail, and other forms of communication. B. Visitors at Center — Track the number of visitors to the Center by month. C. Website Traffic — Track the number of visits to the Center website by month. D. Mailings — Track the number of communications mailed from the Center. E. Requests for Information — Track the total number of requests for information per month. 7) Fee/Donations—The KCVB is permitted to charge fees for special events held at the Center, 8) Annual Budget Requests - The KCVB shall submit any budgets requests, including any requests for additional funding for the services it is required to provide under this Agreement, by January 15 of each year for consideration in the City of Kenai fiscal year budget beginning on July 1. Budget requests should be of sufficient detail to be fully analyzed by the City and should include back-up information and an explanation of why the KCVB desires additional compensation or funding to perform services. The City is Linder no obligation to approve supplemental budget requests. 9) Sales of merchandise — Revenues derived by the. KCVB from the sales of merchandise shall be used to defray the KCVB's operating expenses in managing the Center. Section 4 -- Other KCVB Activities The KCVB may undertake the other following activities at the Center. These activities are subordinate to those the KCVB is required to provide under Section 3, above: 1) Leasing of the Center (or portion of the Center) for events A. The KCVB may lease the Center, or portions of it, for events such as meetings, weddings, receptions, and other gatherings. The KCVB is solely responsible for all expenses and liabilities incurred in these leasing activities. The KCVB may retain any revenues earned in these leasing activities. B. The KCVB shall use a standard lease form to be approved by the City Manager for its leasing activities. C. Commercial lessees must have a current valid State of Alaska business license and be registered for sales tax with the Kenai Peninsula Borough. 2) Saturday Market A. The KCVB may hold a Saturday Market at the Center. The KCVB is solely responsible for all expenses and liabilities incurred in this activity. The KCVB may retain any revenues earned in this activity. B. The KCVB shall use a standard vendor application form approved by the City Manager for its Saturday Market activities. FACILITIES MANAGEMENT AGREEMENT FOR ITIE KENAI VISITORS AND CULTURAL CENTER Puce 4 of 12 -102- C. Saturday Market vendors must have a current valid State of Alaska business license and be registered for sales tax with the Kenai Peninsula Borough. 3) Art Exhibits/Shows A. The KCVB is authorized to hold art exhibits and/or shows at the Center. The KCVB is solely responsible for all expenses and liabilities incurred in this activity. The KCVB may retain any revenues earned in this activity. B. If any cultural exhibits/displays need to be temporarily removed to accommodate art exhibits/shows, the KCVB shall submit a written request for authorization to the City Manager. The request shall include a. schedule identifying the display, when the display will be removed and replaced, and shall be made to the City Manager at least fourteen (14) days in advance of the exhibitishow. 4) Sales of merchandise exclusive to other KCVB activities are allowed at the Center and the expenses and liabilities incurred and revenues earned belong to the KCVB, 5) Any other use of the Center must be approved in advance by the City Manager. Section 5 — Building Maintenance, Operation & Capital Improvements 1) The City shall be responsible for maintenance of the Center, including making building repairs and maintenance, providing restroom, plumbing and electric supplies, and incurring other costs ordinarily incidental to the maintenance of a public facility (except as expressly provided herein). The City shalt provide the utility service (water, sewer, electricity, heat and garbage removal) for the Center. 2) The City, its officers, employees, agents, and representatives shall be permitted to enter the Center during operating hours to examine the premises in furtherance of these obligations. The City will aneciipt to notify the KCVB by telephone to the Executive Director or to another designated person (as appropriate to the nature of the emergency) if the City requires emergency entry after operating hours; notwithstanding; the City has a right to enter the Mechanic's Room during all hours and without prior notice in order to perform necessary maintenance and repairs. 3) The KCVB shall take all reasonable precautions to prevent unauthorized entry by third parties into the Center, including the placing of signs or other devices intended to deter or restrict such entry. The KCVB shall develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening and closing the Center, and dealing with difficult patrons. 4) The KCVB shall not to make any alternations or renovations to the Center premises without prior written consent of the City. Approved projects will require an actual cost report to be filed with the City at completion of the project. FACILITIES MANAGEMENT AGREEME?NT FOR THE KENAI VISITORS AND CULTURAL CENTER page 5 of 12 -103- 5) The KCVB shall keep all facilities of the Center in a clean and sanitary condition during the period of operation, 6) The City shall be responsible for providing janitorial services, snow removal and landscaping, and grounds keeping for the Center. 7) Smoking will not be allowed within the Center or within twenty (20) feet of its doors. 8) The City shall be responsible for the maintenance of any exhibits displayed on the exterior of the Center, including on the grounds. KCVB shall not place or accept outside exhibits to be displayed out of doors without the prior permission of the City. Section 6 -- Insurance 1) The KCVB shall maintain in good standing the insurance described in subsection 2 of this Section. Before rendering any services under this Agreement, KCVB shall furnish proof of insurance required by this Agreement in a form acceptable to the City Manager. 2) The KCVB shall maintain a Comprehensive General Liability policy with a minimum coverage of $1,000,000 per occurrence and an Employer's Liability and Worker's Compensation policy for its own employees (as required by statute), Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance written notice to the City prior to cancellation or change in insurance amount, and shall also include a waiver of subrogation against the City. The City shall be named as an additional insured on the Comprehensive General Liability policy. 3) The City shall maintain a museum contents policy with a minimum coverage of $1,600,000 for its property located at the Center. The City shall also maintain broad form property damage insurance for the sr, uG urG o, the Center in at, amount equal to the estimated replacement cost of the facility. 4) The KCVB shall be responsible to maintain insurances on all property, goods, and materials owned by KCVB or accepted by it at the Center (other than that owned by the City). 5) All policies acquired under this Section 6 shall be written by an insurer rated "A-" or better by A.M. Best, 6) The KCVB shall promptly report all incidents of accident or injury at the Center in writing to the City Manager. 7) Each party hereto shall give to the other prompt and timely written notice of any claim made or suit instituted within its knowledge that is related to either party's performance under this Agreement. Section 7 -- Compensation FACILITIES MANAGEMENT AC{REEMENf FOR THE KENAI VISITORS AND CULTURAL CENTER Pap 6of12 m I) The City will pay KCVB One Hundred Twenty -Five Thousand Dollars ($125,000) per calendar year for the services provided by the KCVB under this Agreement. The City shall pay this amount in prorated mmtthly payments within 14 days after billing by the KCVB. Any compensation due for portions of a month for which services are provided shall also be prorated. 2) The obligation of the City to provide funding under this Agreement is subject to the availability of funds lawfully appropriated for that purpose. The termination of this Agreement due to fiscal necessity and/or non -appropriation of funds by the City shall not constitute a breach or default of the City. In the event of a non -appropriation of funds, the City may terminate this Agreement under Section 4, below, however termination shall not be subject to 60 days' notice. Instead, the City shall give reasonable advance notice as soon as practicable but in no case shall notice be less than ten (10) days in advance of the effective termination date. 3) Except as otherwise provided in this Agreement, the City shall not provide any additional compensation, payment, service, or other thing of value to the KCVB for its performance under this Agreement. The parties understand and agree that administrative overhead and any of its costs the KCVB may incur in the performance of its obligations under this Agreement have already been included in computation of the KCVB's fee and may not be charged separately to the City. Section 8 -- Termination of this Agreement for Cause If, through any cause, the KCVB shall fail to perform any of KCVB's covenants, agreements, stipulations, and/or obligations hereunder, and the KCVB has not cured the default(s) within 14 days after delivery of written notice from the City to the KCVB specifying the default(s), the City shall have the girt, at its eieetion, trien, or at any time thereafter while such default(s) continue(s), to give the KCVB notice of termination of this Agreement which termination may then be of immediate effect or of a later date as may be determined by the City. All finished or unfinished documents, data compilations, studies, surveys, reports, and/or other material prepared by the KCVB under this Agreement are the property of the City and the KCVB hereby agrees to peaceably return all such items to the City by or upon the effective date of termination and as may be further instructed by the City. The KCVB shall be entitled to receive compensation in accordance with the payment provisions of Section 7, pro rata to the effective date of termination. Section 4 -- Termination for Convenience of the City The City may terminate this Agreement at any time by giving written notice to the KCVB of its intent to terminate this Agreement. The City shall provide the KCVB with at least 60 days' advance FACILITIES MANAGEMENTAGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER page 7 of 12 -105- notice of its election to tenninate under this Section, except as set out in Section 8, above. All finished or unfinished documents, data compilations, studies, surveys, reports, and/or other material prepared by the KCVB under this Agreement are the property of the City and the KCVB hereby agrees to peaceably return all such items to the City by or upon the effective date of termination and as may be further instructed by the City. The KCVB shall be entitled to receive compensation in accordance with the payment provisions of Section 7, pro ram to the effective date of termination. hereto. Section 10—Modification/Amendment This Agreement may not be modified or amended except by a writing signed by both parties Section 11 -- Equal Employment Opportunity The KCVB shall operate in compliance with all federal, state, and local equal employment and civil rights laws and regulations. Section 12 -- Assignability The KCVB may not assign any interest in this Agreement or delegate or subcontract work or services tinder this Agreement without the prior written consent of the City. Section 13 -- Non Waiver The failure of the City to enforce a provision of this Agreement shall in no way constitute a waiver of the provisions of this Agreement or a waiver of any subsequent breach of the same or similar condition or provision of this Agreement, nor shall it in any way affect the validity of this Agreement. Any forbearance by a parry in seeking a remedy for any breach by the other party shall not be deemed a waiver by the non -breaching party of its rights or remedies with respect to such breach. Section 14 — Permits, Laws and Taxes The KCVB shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to the performance of this Agreement. All actions taken by the KCVB under this Agreement shall comply with all applicable statutes, ordinances, rules, and regulations. The KCVB shall collect and/or pay, if applicable, any taxes pertaining to its performance under this Agreement. FACILITIES MANAGEMENT AGREEMENT FOR THE KBNAI VISITORS AND CULTURAL CENTER Page 8 of 12 m Section 15 -- Relationship of the Parties The KCVB shall perform its obligations under this Agreement as an independent contractor of the City. This Agreement is not intended to create, and nothing herein should be construed to create, a joint venture between the City and the KCVB. Section 16-- Contract Administration The Kenai City Manager, or the Manager's designee, shall be the representative for administering this Agreement on behalf of the City. The Executive Director of the KCVB shall be the representative for administering this Agreement on behalf of the KCVB. Section 17—Integration This Agreement contains the entire agreement of the parties. All prior negotiations, statements, representations, warranties, and assurances, whether oral or written, and which are in any way related to the subject of this Agreement, are merged and integrated in this Agreement. Section 18 -- Defense and Indemnification The KCVB shall indemnify, hold harmless, and defend the City from and against any claim of, or liability for, negligent acts, errors or omissions of the KCVB under this Agreement. KCVB shall not be required to indemnify the City for a claim of, or liability for, the independent negligence of the City. If there is a claim of. or liability for, the joint negligent error or omission of the KCVB and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "KCVB" and "City," as used in this section, includes their respective officers, employees, agents, and other legal representatives. The term "independent negligence" is negligence other than in the City's selection of KCVB as its contractor and the City's administration, monitoring, or review of the KCVB and its work under this Agreement. Section 19 -- Interpretation and Enforcement This Agreement is being executed by the parties following negotiations between them and both have had an equal opportunity to provide language for this Agreement. Accordingly, any rule of construction or interpretation allowing for construction or interpretation against the drafter of this Agreement shall not apply. The Agreement shall instead be construed according to the fair intent of the FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 9 of 12 -107- language as a whole, not for or against any party. The titles of sections in this Agreement are solely for convenience of reference and shall not affect meaning, construction, or effect of this Agreement. Section 20 --Understanding The KCVB acknowledges that its governing board has authorized the Director to sign this Agreement. Section 21 -- Sevenabitity If any section or clause of this Agreement is held invalid by a court of competentjurisdiction, or is otherwise invalid under the law, it is the intent of the parties that the remainder of this Agreement shall remain in full force and effect. Section 22 -- Jurisdiction, Choice of Law This Agreement shall be construed and governed by the ;a-vvs of the State of Alaska. Any disputes related to this Agreement shall be litigated in the superior courts for the State of Alaska, Third Judicial District at Kenai. Section 23 -- Notices Any notice required to be delivered under the terms of this Agreement shall be personally delivered or mailed by prepaid first class, certified mail, to the following addresses and shall be effective upon receipt: FOR THE CITY: FOR THE KCVB: City Manager Executive Director City of Kenai Kenai Visitors and Convention Bureau 21.0 Fidalgo 11471 Kenai Spur Highway Kenai, Alaska 99611 Kenai, Alaska 99611 Section 24 — Counterparts and Effective Date This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. This Agreement shall be effective upon the later of signature by both parties or January 1, 2010. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 10 of 12 41 Section 25 -- Survival of Representations and Warranties The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants and agreements by the other party, shall survive the execution and termination of the contract. Section 26 -- Financial Reporting The KCVB agrees to keep reliable accounting records and to prepare annual financial statements in accordance with generally accepted accounting principles. The City may require such financial statement to be reviewed by a certified public accountant; provided, however, that should the City require the KCVB's annual financial statement to be reviewed by a certified public accountant, the City shall pay costs of this review in excess of one -thousand dollars ($1,000). The KCVB shall arrange for such review and submit for approval to the City the cost proposal from the certified public accountant prior to the work being undertaken and after which review the City may determine to proceed with the KCVB's proposal or seek other quotes for the work or elect some other review. The KCVB agrees that its accounting records shall be available for inspection by the City of Kenai upon reasonable notice. The City may request a cony of the KCVB's accounting records and the City may direct an audit of the KCVB's books and records at the City's expense, The KCVB shall provide to the City its annual budget when adopted or amended by its Board of Directors. The KCVB shall annually provide the City a copy of its federal income tax return when completed. Section 27 -- Board Meetings The KCVB agrees that it will hold its meetings of its Board of Directors in public and open to the public; however, the KCVB Board of Directors may move into executive session to discuss matters that public bodies may discuss in executive session as outlined in Alaska Statute 44.62.310. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) shown below. CITY OF KENAI KENAI CONVENTION AND VISITORS BUREAU By: By: Rick Koch Natasha Ala FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 11 of 12 City Manager DATE: ATTEST: Carol L. Freas, City Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Executive Director DATE: Approved as to form: Krista S. Stearns City Attorney The foregoing instrument was acknowledged before me this _ day of 20_, by RICK KOCH, City Manager for the City of Kenai. Notary Public for the State of Alaska. My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT } The foregoing instrument was acknowledged before me this _ day of 20 , by `dATASHA ALA, Executive Director of the Kenai Convention and Visitors Bureau, Inc., an Alaska Corporation, on behalf of the corporation. Notary Public for the State of Alaska. My Commission Expires: FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 12 of 12 -110- ,. Suggested by: Administration CITY OF KENAI KENAKk RESOLUTION NO. 2009-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO WRIGHT LINE LLC FOR THE KENAI COMMUNICATION CENTER ERGONOMIC UPGRADE - 2009 FOR THE TOTAL AMOUNT OF $29,881.94. WHEREAS, the following bids were received on November 24, 2009 Bidder Tatal Watson Furniture Group Non -responsive Wright Line LLC $29,881.94 �� WHEREAS, although Watson Furniture Group was the apparent low bidder, its bid did not meet the City of Kenai bid specifications and, therefore, the bid was rejected as non -responsive; and, WHEREAS, the recommendation from the City Administration is to award the bid to Wright Line, LLC; and, WHEREAS, the Council of the City of Kenai has determined that Wright Line, LLC's bid is the lowest responsible bidder adhering to the bid specifications and award to this bidder would be in the best interest of the City; and, WHEREAS, suf ixient monies are appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Communication Center Ergonomic Upgrade - 2009 be awarded to Wright Line, LLC for the total amount of $29,881,94, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: "Z�_ New Text Underlined; [DELETED TEXT BRACKETED] -111- "Vil R e L ilk R Past, Ci witk R Future rr ` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext, 2361 FAX: (907) 283-3014 1����P the a# of 7952 KENAI,ALASKA MEMORANDUM NDUM TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director XI DATE: 9 December 2009 SUBJECT: AWARD OF CONTRACT; KENAI COMMUNICATION CENTER ERGONOMIC UPGRADE-2009 Rick, The following sealed bids were received at City Hall on November 24, 2009 at 2PM for the subject project: Bidder Total Watson Furniture Group Non -responsive Wright Line LLC $29,881.94 i This project includes procurement, assembly and installation of two intensive use 2417 ergonomic sit - to -stand dispatch workstations and one securable server storage cabinet in the Kenai Police Department Communications Center. The apparent low bid is from Watson Furniture Group. However, our analysis of the Watson Furniture ,• F' bid {ndecates oign'ficanI non �cnfcrmance Vv'(th the C y'$ bid Jpa {fS aLIUI I. Tlllee DHel If{ furniture items were required in the City's bid specification but not included in Watson Furniture Group's bid: 1. Server storage cabinet. 2. Slat wall. Watson Furniture Group offered to provide a separate quote for this item. 3. Third table. Watson Furniture Group offered to provide a separate quote for this item. Additionally, Watson Furniture Group did not provide material and color samples of their product line with their bid offering as required by the City's bid specification. Watson Furniture Group did not request clarification of any bid specification from the City prior to submitting their bid offering. Based on this, I recommend the apparent low bid by Watson Furniture Group be considered non -responsive and not considered further by the City. Our examination of the bid offering of Wright Line, LLC indicates they fully complied with the City's bid specification. I recommend City Council approve the award of this contract to Wright Line, LLC. -112- Suggested by: Administration the ct�of CITY OF KENAI KENALALASKA RESOLUTION NO. 2009-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AN APPLICATION FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (S.A.F.E.R.) GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY. WHEREAS, the U.S. Department of Homeland Security (Department) continues to offer S.A.F.E.R. Grants; and, WHEREAS, the purpose of the grants is to provide 100% of the funding required for a period of two years to pay for the salaries and benefits for newly created fire and emergency response personnel; and, WHEREAS, there is a requirement that grant recipients must fund the position(s) for a period of one year following the grant; and, WHEREAS, the call volume at the Fire Department has increased by eight to ten percent (8% -10%) in each of the previous five years; and, WHEREAS, there has been no increase to the Fire Department staffing level since 1995; and, WHEREAS, budgetary limitations for the neat two years make it difficult to increase staffing levels to meet service demands in accordance with OSHA and NFPA requirements; and, WHEREAS, a S.A.F.E.R. Grant will provide the funding to support an increase in the staffing level of the Fire Department by three positions; and, WHEREAS, the S.A.F.E.R. Grant will provide funding of approximately $540,000 over two years to support three new positions; and, WHEREAS, the City budget will be able to support the salaries and benefits of the three additional positions beginning in Fiscal Year 2013; and, WHEREAS, the grant application deadline is December 18, 2009. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Council approves the application for a Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. -113- Resolution No. 2009-75 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of December, 2009, ATTEST: Carol Freas, City Clerk PAT PORTER, MAYOR -114- Date; December 2, 2009 To: City Manager From: Fire Chief Tilly Subject: S.A.F.E.R Grant The purpose of this memo is to outline the attached grant request. Pearly, the U.S. Department of Homeland Security has offered grants to fire departments for equipment, vehicles, training aids and the like. This particular grant is known as a S.A.F.E.R Grant. The Staffing for Adequate Fire and Emergency Response program has been offered in years past but with recent changes to the program, we feel it is a well suited grant for our Department and the City, Funds made available under this grant to fire departments are for salaries and benefits to hire new, additional firefighters The goal of the SAFER Grants is to enhance local fire departments' abilities to comply with staffing, response, and operational standards established by the National Fire Protection Association (NFPA) and the Occupational Safety and Health Administration (OSHA). Specifically, the grants focus on standards included in the deployment and assembly sections of NFPA 1710 andfor AtFPA 1720, and the respiratory protection section of OSHA 1910.134. Grants for the hiring of new firefighters have a two-year period of performance that provides fire ` °unding - pay 106 percent GI the salaries" and bauciita of uvwl -hired firefi nterS departments "wxiu xuuuux� w pay p y (exclusive of overtime). Departments awarded grants for hiring new firefighters are required to commit to retaining the SAFER -funded firefighters for one full year after the two-year period of performance. The. American Recovery and Reinvestment Act of 2009 (ARRA) waived the prescribed cost -share for the SAFER grantees receiving awards from the FY 2009 appropriations. Therefore, there is no required cost sharing, matching, or cost participation for the Hiring of Firefighters Activity of the 2009 SAFER Grants. One hundred percent of the actual salary and benefits for the SAFER -funded firefighters will be fully funded for the 2-year period of performance. Award decisions will be made on a rolling basis over the entire period the funding is available. The bulk of the awards will be announced as decisions are made within six months of the panel review. For the FY2009 funding cycle, the final awards will be made prior to September 30, 2010. Awards will not be made in any specified order, i.e., not by State, program, or any other characteristic. -115- December 17, 2009 M& Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 RE: LIQUOR LICENSE RENEWALS` At its regular meeting of December 16, 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. Package Store Country Liquor #1308 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) -116- 1.4 North Binkley Street 0 Soldotna, Alaska 99669-7520 PHONE: (907) 714 2160 a FAX: 1907) 714-2388 oil -free within the Borough: 1.800-478-4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak.us December 1, 2009 DEC 0 4 2009 Ms. Dawn Holland -Williams Records & Licensing Supervisor LKENAX CITY CLERK Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License: 91308 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 Icense for the establishment within the City of Kenai, Alaska: Package +tore Country Liquor #1308 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 -117- DECEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS bttp: l I www. ci.kena . ak. u s s Sri 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) 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. Natasha Ala & Laura Forbes, Kenai Convention & Visitor Center -- Performance Management Survey/Association of State & Local Histories ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) 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. 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. 3. Ordinance No. 2458-2009 -- Increasing Estimated Revenues and Appropriations by 8825.00 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. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. Resolution No. 2009-69 -- Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In -Library Laptop Loans. *APPROVAL OF LIQUOR LICENSE RENEWALS -- Uptown. Motel/Back Door Lounge #2237 (Beverage Dispensary - Tourism/ Duplicate) Uptown Motel/Louie's #1859 (Beverage Dispensary -Tourism) ITEM E: MINUTES *Regular Meeting of November 24, 2009. ITEM F: 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-I-B, Baron Park Subdivision Fire Addition. 6. Discussion -- Schedule Board of Adjustment Hearing 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4, Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission -119- 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 J: City Manager Attorney City Clerk ITEM K: 1. Citizens (five minutes) Z. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a Iater 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. (Cleric'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 -120- DECEMBER 2,2009 ►► MAYORKENAI CITY COUNCIL CHAMBERS VICE ► 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. Vice Mayor Smalley led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Smalley, Vice Mayor ' Joe Moore Barry Eldridge THal LRyan Marquis Robert Molloy (telephonic Mike Boyle Absent was: Pat Porter, Mayor A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: ADD TO: Item D-4, Resolution No. 2009-67, M. Bondurant memorandum Recommending Tyler Distributing Company, Inc. bid. Council Member Molloy MOVED to remove the November 24, 2009 meeting minutes from the consent agenda and place them on the regular agenda. Council Member Marquis SECONDED the motion. ♦ ,.0 s►D a Council Member Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. -121- PAGE 2 MOTION: Council Member Eldridge MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. r Council Member Eldridge MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Brian Meissner, ECl/flyer Architects -- Library Expansion Meissner reviewed the updated library expansion project plans, noting the development of the construction documents was moving forward with a planned completion date of March 9, 2010. The project would hopefully be put out to bid on March 10; bid award date would follow in mid -May; completion date of the addition in May, 2011; and, remodel of the current building completed by September, 2011. B-2. John Bost, Mikunda, Cottrell and Company -- Comprehensive Annual Financial Report John Bost, Mikunda Cottrell and Company, 3601 C Street, Suite 600, Anchorage, AK -- Bost distributed a copy of the Report to the City Council which, he explained was required by law, and summarized matters required by professional standards. Bost also reviewed the Federal and State Single Audit Reports and the Comprehensive Annual Financial Report, included with the council's packets. Bost noted the auditor's opinions were clean and the city was in great shape. B-3. Sal Mattero, Friends of the Kenai Community Library -- Check Presentation for the Building Expansion Fund. Sal Mattero, 1315 Chinook Drive, Kenai -- Mattero introduced himself as a representing the Friends of the Kenai Community Library and presented administration with a check for $60,000 toward the building expansion fund. -122- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 3 B-4. Natasha Ala & Laura Forbes, Kenai Convention & Visitor Center -- Performance Management Survey/Association of State & Local Histories. Natasha Ala & Laura Forbes, Kenai Convention & Visitor Bureau, 11471 Kenai Spur Highway, Kenai -- Ala and Forbes reviewed the results of the Alaska State Museum Survey which included the program outline, executive overview, benchmarks/strengths, opportunities for improvement, key drivers, goals, etc. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) C-1. Jim Butler, 1711 Kaknu Way, Kenai -- Butler discussed development and potential consequences to the City related to the identification of the Cook Inlet Beluga Whale Critical Habitat Area. Butler urged council to become educated and believed it very important the City submit written comments requesting the City of Kenai be excluded from the critical habitat area by the end of January as he believed. the area identification could impact the bluff erosion project, fish canneries and waste water treatment permit renewals, MOTION: Council Member Eldridge MOVED to direct Administration to gather information and research as to what should be done, including getting necessary expertise needed to prepare written comments for submittal. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D-1. Ordinance No. 2456-2009 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2456-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: * Student Representative Johnson: Yes -123- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 4 Porter TAbsent Smalley Yes Moore re Yea Eldridge Yes Marquis Yes MoI 132yle Yes _ D-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. MOTION: Council Member Eldridge MOVED to enact Ordinance No. 2457-2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing, There being no one wishing to speak, the public hearing was closed. There were no council comments. * Student Representative Johnson: Yes Porter Absent Smalley Yes ;Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes I D-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. Council Member Eldridge MOVED to enact Ordinance No. 2458-2009 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. �1 * Student Representative Johnson: Yes -124- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 5 Porter Absent Smalley Yes Moore Yes Eldrid e Yes Mar uis Yes Molloy Ye�� Boyle � Yes D-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. Council Member Moore MOVED for approval of Resolution No. 2009-67 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public 'nearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. There were no objections. SO ORDERED. D-5. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. Council Member Molloy MOVED for adoption of Resolution No. 2009-68 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. Kate Veh, 34506 Commerce Street, Soldotna -- Veh congratulated Kenai for passing the wind turbine ordinance and urged passage of Resolution No. 2009-68, Martz Schrag, 312 Princess Lane, Kenai -- Spoke in support of Resolution No. 2009- 68. Nadia Daggett, KPARE (renewable energy) -- Spoke in support of Resolution No. 2009-68. Andy Long, Kenai -- Stated he believed people needed to be educated in the science of wind generation and the economics involved. Council comments included: -125- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 6 • Belief Council's approval of the resolution very important • Kenai Peninsula Borough adopted its resolution in September (Borough's energy study identifies impacts of climate change to the Borough and its industries). MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2009-68 to the December 16, 2009 council meeting in order to hold a second public hearing. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. D-6. Resolution No. 2009-69 -- Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In -Library Laptop Loans. MOTION: Council Member Marquis MOVED to adopt Resolution No, 2009-69. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. Mark Schrag, 312 Princess Lane, Kenai -- Stated his concerns with the user's assuming any and all liability for replacement or repair due to damages caused by the user, D-7. *APPROVAL OF LIQUOR LICENSE RENEWALS -- Uptown Motel/Back Door Lounge #2237 (Beverage Dispensary - Tourism/ Duplicate) Uptown Motel/Louie's ff 1859 (Beverage Dispensary - Tourism) Approved by consent agenda. ITEM E: MINUTES E-1. Regular Meeting of November 24, 2009 MOTION: Council Member Molloy MOVED to correct the November 24, 2009 council meeting minutes at Item A-1, amending to read: "Vice Mayor Smalley led those assembled in the Pledge of Allegiance" and to approve the minutes as corrected. Council Member sm PAGE 7 Marquis SECONDED the motion. Council Member Molloy requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: G-1. Ratification of Bills Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections, SO ORDERED. G-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G-3. Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. Introduced by approval of the consent agenda. G-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. City Manager Koch reviewed the information included in the packet and noted the following: -127- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 8 ® The lessees were requesting another year in order to construct on the lot. There had been no other interest shown by another party to lease the property. Because there was no other interest expressed for lease of the property, he believed it was in the best interest of the airport to have the City extend the lease. ® If construction would not take place in a year, the City could then terminate the lease or negotiate for another extension. A question arose of whether the property was located in the Airport Reserve and whether the issue had been reviewed by the Airport Commission. It was noted, the property was not located within the Airport Reserve and the Airport Commission had not reviewed the request for extension because it was not within the Reserve. Council Member Moore MOVED to send the administrative request to the Airport Commission for its review and comment. Council Member Boyle SECONDED the motion. VOTE: Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. It was requested the issue would be placed back on the December 16, 2009 council meeting agenda. G-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. Council Member Molloy MOVED to approve the utility easement to Homer Electric Association, Inc. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. A brief discussion followed related to the City of Kenai being able to connect to the fiber -optics. It was explained, the easement would house a service line to the Fire Training Building and would service that building only, and the city could always attach additional conditions to the easement. WOM KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 9 There were no objections. SC ORDERED. G-6. Discussion -- Schedule Board of Adjustment Hearing The Board of Adjustment Hearing with regard to the Murrieta appeal was scheduled for January 21, 2010 at 6:00 p.m. in the council chambers. ITEM H: COMMISSION I COMMITTEE REPORTS H-1. Council on Aging -- Council Member Boyle reported the next meeting was scheduled to be held December 10, 2009. H-2. Airport Commission -- Council Member Moore reported the next meeting was scheduled to be held December 10, 2009. H-3. Harbor Commission -- Council Member Smalley reported the next meeting was scheduled to be held December 7, 2009. H-4. Library Commission -- Council Member Marquis reviewed discussions held at the Library Commission's December 2, 2009 meeting. H-6. Parks & Recreation Commission -- Council Member Boyle reported the next meeting was scheduled to be held January 7, 2010. H-6. Planning & Zoning Commission -- Council Member Molloy reported the next meeting was scheduled to be held December 9, 2009. H-7. Miscellaneous Commissions and Committees H-7a. 'Beautification Committee -- No report. H-7b. Alaska Municipal League Report -- No report. H-7c. Mini -Grant Steering Committee -- No report. H-7d. Kenai Convention & Visitors Bureau -- Vice Mayor Smalley reviewed discussions held at the November 30, 2009 meeting, including the management agreement which would be before council for consideration at its December 16, 2009 meeting. H-7e. Reports of KPB Assembly, Legislators and Councils -- Assembly Member Smalley reviewed discussions and actions taken at the December 1, 2009 Kenai Peninsula Borough Assembly meeting. ITEM 1: REPORT OF THE MAYOR -- No report ME KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 10 J-1. City Manager -- City Manager Koch reported the following: • He, with Vice Mayor Smalley, met with representatives of Trans -Canada to discuss their planned compressed natural gas project. • He was finalizing DEC grant paperwork. J-2. Attorney -- No report. J-3. City Clerk -- Clerk Freas noted the following items: • The deadline for submitting items to be included in the December 16, 2009 meeting packet was 4:00 p.m., Thursday, December 10, 2009. • The search link for webpage access to public records search was being finalized and the contractor would be available the afternoon of December 15, 2009 for review and questions. • Reminded council of the December 8, 2009 work session related to the Dip Net Fishery, beach management, use of off -road vehicles in the city. The work session would begin at 6:00 p.m. K-1. Citizens (five minutes) -- None. K-2. Council Molloy -- Thanked the presenters and commended administration for the clean auditor report. Boyle -- • A fundraiser would be held on December 5 for Ivy Howland. • Was encouraged by citizens speaking of wind energy and renewable resources; potentials for City projects, and planned to bring information items of alternate forms of energy. Marquis -- Thanked the presenters and those who testified on the public hearings, as well as the Visitors Center survey results report. Johnson --Encouraged all to attend the Saturday fundraiser. Eldridge -- Congratulated administration for the clean audit report and reminded council members of the group picture to be taken before the December 16 meeting, Moore -- No report. Smalley -- • Thanked the presenters and the employees working on the streets and decorating the city. -130- KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE I I Reminded all of volunteer opportunities at the Kenai Peninsula Food i ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 24I2-2009 -- 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 dune 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 Smalley reported the next council meeting would be held December 16, 2009 at 7:00 p.m. There being no further business before the Council, the meeting adjourned at approximately 10:01 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the of cial 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. -131- 'IV ill4 e With a N,5tC# wN a Fu%v°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 the city o f KENp TO: City Council 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 areas follows: Original L.eaae-Construetinn Dearllinr 72/9/06 12/9/v4 Amendment #1-Extend Construction. Deadline 8/7/06 to 12/9/07 Amendment #2-Extend Construction Deadline 5/8108 to 12/31/09 Amendment 43-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. -132- 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.4mendment to Lease would be executed. cc: Mary Bonduram, Airport Manager David & Michael Schilling d/b/a Schilling Rentals Attachments -133- Recelved NOV 19 ,2009 Dear Sirs: re: Lot 14, Block 1, Cook Inlet Industrial Air Park (Plat 4-1448) Lease {# 2150.01 Enclosed please rind a $100. 00 filing fee for this lease and we ask that the $2000.00 appraisal cost recover} deposit and the $2000.00 engineering, surveying and consulting cost he 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 -134- `Iff 2 47 Spur View Dr Kenai, Alaska 99611 907-203.3660 March 31, 2008 City of Kenai 210 Fldalgo Street Kenai, Alaska 99611 Re: Amended Lease for Lot 14, Block 1, Cook inlet industrial Airpark Subdivision Attm Mrs. Kim Howard Dear Burs. Howard: The following information regarding our proposed amended development plan is being submitted pursuant to your request: No. 1. Development 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. Landscoafnq Plan 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. item E Dr®inaoe Snow Staragee All 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 snowy 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, 6 of a 200MOS065-0 -135- c'oninc 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 QCGj. Comarehensfve Plan The proposed development appears to meet the goals set out in the Citlr's Comprehensive Plan dated Nov 5, 2603, If you have any additional needs or have questions regarding this letter or our Development Plano please feel free to contact rely office at 283-366a OLSJmIk Very truly yours, David Schilling, Partner SCHILLING RENTALS -136- iil II�I�I��III� IIIfliilll���I 7 of g 200e-0o5065-0. k -d.�o_=� .II C <7,-z- --- ---41 - UK yC 0 >� ZSy — Wu w-tn w n o- LL(Y� O d J V 8 of 8 2008-005065-0 J -137- -1 J8- 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/bla 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. APIEENDMENT TO LEASE PAGE 1 OF 3 LESSOR: CITY OF KENAI By: Rick R. Koch City Manager LESSEE: SCHILLING RENTALS By: David Schilling -139- RN Approved as to form: Krista S. Steams, City Attorney Michael Schilling STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT } 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. Notary Public -for Alaska My Commission Expires: 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. Notary Public for. Alaska My Commission Expires: AMENDMENT TO LEASE - PAGE OF 3 m STATE OF A.LASKA } ) ss. THIRD JUDICIAL DISTRICT ) THIS IS 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 Cigr. Notary Public for Alaska My Commission Expires: Retum to: City of Kenai, 21.0 Fidalgo Avenue, Kenai, AK 99611 AMENDMENT TO LEASE - PAGE OF 3 -141- Municipal ASrport TMJ5'MNE907-M3-7951 FAX 9D7-283,3737 To: Rick R. Koch - City Manager From: Mary Bondurant —Airport Manag Date: December 11, 2009 Subject: Construction Schedule Extension — Schilling Rentals At the direction of City Council, the Airport Commission reviewed the request from David and Michael Shilling, d/b/a Shilling Rentals to extend the construction date on their lease for one year. Councilman Moore relayed Council comments from the December 2"d meeting and a discussion followed. Airport Commission recommends not approving the extension and having the Lessee sign a new Airport lease with the new guidelines and construction requirements, www.dkenai.ak.us. M PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: DECEMBER 15, 2000 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 457 PLAN NOVEMBER 457 PLAN VARIOUS LIABILITY 19,473.30 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 73,55256 PERS NOVEMBER PERS VARIOUS LIABILITY 167,320.32 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect, int. RBC CAPITAL MARKETS U.S:. GOV7 SECURITY 9/23/2011 2,010,700.00 1,30% RBC CAPITAL MARKETS U.S. GOV'T SECURITY 3/15/2012 2,000,000,00 1.20% RBC CAPITAL MARKETS U.S. GOV7 SECURITY 12/15/2011 1,000,000.00 1.04% RBC CAPITAL MARKETS U.S. GOV7 SECURITY 6/9/2011 999,250.00 .6% RBC CAPITAL MARKETS U.S- GOV'T SECURITY 12/2212011 1,000,000,00 .5% RBC CAPITAL MARKETS U.S. GOV'T SECURITY 6/912011 999,250.00 .65% KERAV SKA Suggested by: Administration CITY OF KENAI �•• rt •.t •ay. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $214,390.30 IN THE GENERAL FUND FOR AN AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) GRANT RECEIVED THROUGH THE STATE OF ALASKA COMMUNITY REVENUE SHARING GRANT PROGRAM. WHEREAS, the State of Alaska received funds in excess of $20.7 mIlIion through the Federal/ARRA Stimulus Bill to be allocated to local governments by the Alaska Legislature's House Bill 199; and, WHEREAS, the State has elected to administer this funding utilizing the existing Community Revenue Sharing Grant Program as the vehicle for disbursement with all communities receiving FY09 Community Revenue Sharing being eligible; and, WHEREAS, the City's entitlement is $214,390.30 of the statewide allocation, and, WHEREAS, the intended use of the funds will be to purchase utilities for the operation of City facilities. 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: Non -Departmental - Federal Grants Increase Appropriations: Visitor Center - Utilities Land - Utilities Non -Departmental - Utilities Police - Utilities Fire - Utilities Animal Control - Utilities Shop - Utilities Streets - Utilities Street Lights - Utilities Library - Utilities Recreation - Utilities Parks - Utilities Beautification - Utilities Dock - Utilities m $214,319.30 $ 14,977,57 1,104.10 18,551,75 14,812.04 17,204.88 9,717.44 25,916.47 3,040.47 42, 821.63 10,973.69 46, 514.70 4,612.13 1,146.92 2,996.51 $214,390.30 Ordinance No. 2460-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of January, 2010, ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 16, 2009 Adopted: January 6, 2010 Effective: January 6, 2010 -145- 5 lla�lCy c� f i/ KENA1, ALASKA 1 To: Rick Koch, City Manager ""K6 layf e wdk a last �iGV Bfi dk a Fa of LE FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 "- r From: Terry Eubank, Finance Director Date: December 9. 2009 Re: Ordinance 2460-2009 Ordinance 2460-2009 appropriates funds received from the American Reinvestment and Recovery Act (ARRA) through the State of Alaska Department of Commerce. The State through Douse Bill 199 selected the Community Revenue Sharing Program as the disbursement vehicle for these funds. All communities receiving FY2009 Community Revenue Sharing were allocated a portion of the $20.7 million received by the State. The City's share is $214,390.30 and will be used to pay utilities for city buildings. "llllaaye wiA a Past C# wA a Futar°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „U,„aMw Telephone: 907-283-75351 FAX: 907-283-3014 t111fl 1992 dx 'of`!/ KENALALAK MEMO` j TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: December 8, 2009 RE: Mutual Rescission of Lease — Arctic Barnabas Ministries, Inc. Lot 9A, Block 5, General Aviation Apron Subdivision No. 5 Attached is a letter from Jonathan Peters on behalf of Arctic Barnabas Ministries, Inc. requesting to rescind its lease for the above -referenced property. The parcel is in the Airport Reserve and shown on the attached vicinity map. Arctic Barnabas Ministries, Inc. is current in payments to the City and Borough. The City Attorney has reviewed the Mutual Rescission of Lease and has no objections to the form. If the Council approves the rescission, the document can be signed and recorded. Cc: Arctic Barnabas Ministries, Inc. Attachments -147- MIN11'; I NIL December 8, 2009 Mr. Rick Koch Kenai City Manager 210 Fidaigo Ave. Kenai, Alaska 99611 Dear Mr. Koch, The purpose of this letter is to formally request a Mutual Rescission of Lease effective December 30, 2009 for the above referenced property. Due to current economic conditions, ABM has been forced to refocus on our mission of serving the pastors and missionaries in Bush Alaska and will be unable to complete the originally designed improvements as required by the lease. The staff of the city of Kenai, the airport commission and assembly members have been exceedingly gracious and patient with ABM for the last several years as we have endeavored to build on this lot. Thank you! We are grateful for our present location on the airport and consider it a privilege to be part of the community. Thank you so much for your understanding and your desire to see us succeed. Best Regards, /OLP�-� Jonathan Peters Executive Director 135 NORTH WILLOW .STREET, KENA9, ALASKA 9961 5 TRL (907) Z83-2377 PAX (907) 283-3347 WWW.ARCT;jffl4 {VABAS.ORS • December 8, 2009 -149- ARCTIC BARNA13AS MINISTRIES, INC., whose address is 135 N Willow Street, Kenai, Alaska 99611 (hereinafter "Lessee"'), and the CITY OF KENAI, an Alaska municipal corporation, 210 Fidalgo Avenue, Kenai, AK 99611-7794, do hereby mutually rescind that certain lease dated October 20, 2007, and recorded at 2007-011713-0 in the Kenai Recording District at Kenai, Alaska, on November 2, 2007, which real property is described as: Lot 9A, Block 5, GeneraI Aviation Apron Subdivision No. 5; according to Plat No. 2006-62 (formerly known as Lots 8 & 9; Block 5, General Aviation Apron) in the Kenai Recording District, State of Alaska. In consideration of the mutual rescission of said lease; ARCTIC BARNABAS MINISTRIES, INC. and the City of Kenai are each and finally discharged as to the other on said lease. Lessee will be responsible for payment of 2009 property taxes on the above -described property. This mutual rescission shall be effective on December 30, 2009. IN WITNESS WHEREOF, the parties hereto have set their bands and seals the day and year first above written. LESSOR: CITY- OF KENAI al Rick R Koch City Manager Page 1 of 3 -150- LESSEE: ARCTIC BARNABAS.MINISTRIES, INC. By Title: (if Lessee is a Corporation) ATTEST: Name Title ApprovpO as to form by: Krista S. Stearns, City Attorney STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of 2009, RICK. R. KOCH, Kenai City Manager, being personally known to me or havingproduced satisfactory evidence of identification, appeared before.me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Page 2 of 3 -151- STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2009, , the of Arctic Bamabas Ministries, Inc., 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 the corporation.' Notary Public for Alaska My Commission Expires: Return to: City of Kenai, 210 Fidalgo Ave., Kenai, AK 9961I Page 3 of 3 -152- Memo To: Mayor porter and Kenai City Council From: Council Member Eldridge The City of Kenai often has difficulties with the Borough when discussing access and fee collection for the dip net fisheries at South Leach. The only vehicle access to South Leach is off Cannery Road and Beach Access road which are in the Borough. Expansion of the city limits to include this area would eliminate fixture problems with access and law enforcement. As we look at an expansion in the Cannery Road area, it would be good to also look at bringing in the Snug Harbor Processing plant for fish tax revenues and some of the other commercial activities along K Beach Road for sales tax revenue and property taxes. I have attached a list of Pros and Cons on such an expansion, you may have others to add. My request is for you to review this proposal and send the proposal to administration to have Public Safety, Public Works and Finance take a look at potential impact on their departments and get back to the City Manager and have Administration then give Council their assessment of this expansion of City limits. If their comments are favorable, then bring it back to Council and we will decide at that time if we want to send it to P&Z for a public hearing or series of public hearings and receive public comments. My feeling is that one day the cities of Kenai and Soldotna will expand to close the gate along Spur Highway and K Beach Road and open up opportunities for joint water and sewer systems taking advantage of our access to the Inlet for our discharge and combining efforts to provide better water for all. We are making progress on the water effort but Soldotna still has only the Kenai River to discharge into. This expansion may only be a first step toward closing the gap and I would like to see us explore this with the help of our department heads and City Manager. Often people living in this area think they live in Kenai until it comes time to vote, they have 283 phones and 9961.1 zip codes and access to Kenai's services and amenities. Discussing this expansion will give them an opportunity to be heard on the subject, I ask for your favorable consideration of this proposal to begin exploring this subject. -153- U - City access to South Beach would be within city limits for enforcement purposes - Police already patrol VIP Subdivision, Kenai Landing and South Beach - Fire response already required for VIP Subdivision, Kenai Landing and Inlet Fisheries Sales tax revenue increase from following businesses: Spenard Builders Supply, Vagabond Inn, Old Robinson Mall, ATEC Aluminum, Alaska's Best Water, Diamond M B&B and RN Park, Snug Harbor Seafood's retail store and others. - Commercial property tax revenue increase: Those above businesses plus Snug Harbor Processing Plant - Fish tax increase: Snug Harbor Processing - Add many high value homes along Inlet for desirability and property tax revenues - Cbilulna Point Drive and Ocean Entrance Drive recently paved by Borough - Cannery Road maintained by State DOT - Population increase as a result may increase state funds to city - Mutual Aid already exists with CES and Kenai already responds to fares in this area - Will provide better taw enforcement response to area - Will provide better street maintenance for area Coats - Increased area to patrol although much of area is covered now by several police living in VIP Subdivision and 8.ch.. Bay Estates - Increased area for fire coverage though no distance greater than Kenai Landing and VIP Subdivision - Estimate 12 more miles of Road to plow in winter - Estimate 10 more miles of road to grade and dust control in summer -154- GVuY" IG" I I uY::)J Kenai AraoLaGll mj Yur'Goo—ti7i — 'ut Guarvuca r tZ I m UP . ,v ws wflo car. &"v x A. y uz xmszacaar eS ....,...—uw.,...._,.__..., Alow dttY wr Rusidonuv a'"xosv d lax El . ,,.. _ _ � °t l plzc,t lVct�., A ame BI'mirxxsaa Raz Add May w o ltxaiWde y our waxmt iiiforma-t€ram crra, xaceF �wr b duo- e"� s,�, If w4)f all, wh a Infgwrnoliou mtx y c� > tcxx i,urk? _- ..... _ . . =FLOYcru Job Title t ae:rront inesubersbip in orNaMmatiorma ,"uw4 o�tsiaf%t7cp�g aax�rsx��reaxf�s; WHY Jai ffi _t'd`ANT TO RD INVOLVED ` rrif THTS 1f2HAT BAUXORCiUND. MM. OR CREDENTIALS DO YOU PQSM'rO WRIX TO THE 80AM -156- KENAI HARBOR COMMISSION MEETING DECEMBER 7, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- November 9, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- FYI 1 Draft Budget ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of November 4 and 24, 2009. ITEM 11: ADJOURNMENT -157- DECEMBER R 7� 100�9 I 9 CITY COUNCIL CHAMBERS Pf CHAIR f_. THOMPSON, Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: R Morin, B. Osborn, G. Foster, A. Poynor, R. Peters, T. Thompson, W. Niederhauser Staff/Council Liaison present: Acting Parks Director D. Hernandez, Public Works Director W. Ogle, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Morin MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- November 9, 2009 MOTION: Commissioner Morin MOVED to approve the meeting summary of November 9, 2009 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. MYV sl �i l.eyqI'm :iAA-9ixf abQGST:1 6-a. Discussion -- FY t 1 Draft Budget Acting Parks Director Hernandez reviewed the FY10 budget included in the packet. General discussion occurred. Commission recommended adding to the advertising budget. sm 4-a. Director -- None Z-b. City Council Liaison -- Council Member Smalley reviewed the action agenda items of the November 4 and 24, 2009 meetings which were included in the packet. ITEM 8: Osborn volunteered to attend meetings regarding the beluga whales and bring information back to the commission. Poynor reported his term would be ending and December 7, 2009 was his last meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of November 4 and 24, 2009, ITEM 11: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approLmately 8:09 p.m. Meeting summary prepared and submitted by: Corene Hail, Deputy City Clerk -159- HARBOR COMMISSION MEETING DECEMBER 7, 2009 PAGE 2 KENAI LIBRARY COMMISSIOI KENAI COUNCIL CHAMBERS DECEMBER 2, 2009 5:00 P.M. AGENDA ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- November 3, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Brian Meissner, ECl/Hyer Architects -- Library Expansion ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSION COMMENTS[¢UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of November 4, 2009. b. Friends of the Library Board Meeting Minutes of November 10, 2009. C. "Why I Love the Library" Comments d. Statewide Public Library Construction Projects Matrix ITEM II: ADJOURNMENT es ?de AAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS DECEMBER 2, 2009 ! ITEM 1: CALL TO ORDER & ROLL CALL Chair Bryson called the mecting to order at approximately 5:05 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, C. Brenckle, E. Bryson, R. Peters, S. Harris Commissioners absent: M. Graves, K. Glidden Staff/Council Liaison present: Library Director M. Joiner, Council Member R. Marquis A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Peters MOVED to approve the agenda with meeting date corrected and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- November 3, 2009 MOTION: Commissioner Brenckle MOVED to approve the meeting summary of November 3, 2009 and Commissioner Peters SECONDED the motion. There were no objections, SO ORDERED. 4-a. Brian Meissner, ECI(Hyer Architects -- Library Expansion Meissner gave an update of the expansion plan; noting changes made and reported bid documents would be ready prior to March 9, 2010. Commissioner concerns included: • Air Exchanger • Parking Spaces • Computer Stations • Donor Opportunities • Rest Rooms and Changing Tables -161- ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None 7-a. Director -- Library Director Joiner reported an increase in circulation from last year; the lap top lending ordinance would be on the Council agenda later that evening; and, reviewed the customer service workshop held last month. 7-b. City Council Liaison -- Council Member Marquis reviewed the action agenda items included in the packet. ITEM 8: COMMISSION COMMENTS/QUESTIONS Peters, Heus, Brenckle and Bryson welcomed new commissioner Harris. Hens reported there would be a breakfast with Santa fund raiser later in the month. Barris thanked the commissioners for their warm welcome. ITEM 9- PERSONS NOT y, TO HE HEARD ITEM 10: a 10-a. Kenai. City Council Action. Agendas of November 4, 2009. 10-b. Friends of the Library Board Meeting Minutes of November 10, 2009. 10-e. "Why I Love the Library" Comments 10-d. Statewide Public Library Construction Projects Matrix ITEM 11 s ADJOURNMENT LOTION: Commissioner Peters MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED, There being no further business before the Commission, the meeting was adjourned at approximately 6:17 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING DECEMBER 2, 2009 PAGE 2 am CITY OF KENAI • ' t CITY COUNCIL CHAMBERS December 9, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda. d. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *November 10, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ09-50 — Preliminary Plat —Michael J. Pelch Homestead Jr. Addition No. 2 -A subdivision of the NEIA, SEU4 hying Southeasterly of Beaver Loop Road, Section 2, T5N, RI 1 W Seward Meridian. Plat submitted by Whitford Surveying, P.O. Boa 4032, Soldotna, Alaska, 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ09-18 — A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title t4 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration sm 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai Cemetery Expansion Project b. 2009 Commission Meeting & Work Session Report c. Zoning Bulletin (10/25/09) 12. COMMISSION COMMENTS &QUESTIONS: 13. ADJOURNMENT: sm CITY OF KENAI PLANNING & ZONING COMMISSION DECEMBER 9, 2009 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING: ITEM 1: CALL TO ORDER Vice Chair Romain called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. I-b. Agenda Approval J. Brookman, K. Koester, S, Romain, R. Wells, P. Bryson, K. Rogers J. Twait City Planner M. Kebschull, Council Member B. Eldridge, Deputy City Clerk C. Hall Commissioner Wells read the following changes to the agenda: ADD TO: I-d. Excused Absences • Gerald Brookman (who was present at the meeting) • Jeff Twait I1-d. Information Items • Planning and Zoning Commission 2010 Meeting Schedule Commissioner Wells MOVED to approve the agenda as amended and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. -165- I-d. *Excused Absences Approved by consent agenda. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- November 10, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None 4-a. PZ09-50 — Preliminary Plat — Michael J. Pelch Homestead Jr. Addition No. 2 - A subdivision of the NE J4, SE J4 Lying Southeasterly of Beaver Loop Road, Section 2, TSN, RI 1W Seward Meridian. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with the following contingency: Prior to the final plat being recorded, the property owner would be required to formalize an agreement with the City of Kenai to prorate the assessment due to the City and when the agreement was finalized, the City of Kenai would notify the Kenai Peninsula Borough the plat could be recorded. Remain read the rules of public hearing and opened the meeting to public hearing, There being no one wishing to speak, the public hearing was closed. it*f•3 cola Commissioner Wells MOVED to approve PZ09-50 with staff recommendations and Commissioner Rogers SECONDED the motion. Commissioner Bryson RECUSED himself as the plat would go before the Borough Planning Commission, of which he was a member. Kebschull noted the lots met minimum lot size for the zone. Brockman YES Koester I YES Rema n YES Wells YES Twait I EXCUSED Bryson R =SED j Rogers YES �� PLANNING AND ZONING COMMISSION MEETING DECEMBER 9, 2009 PAGE 2 -166- MOTION ITEM 5: PUBLIC HEARINGS -- None ITEM 7: NEW BUSINESS -- None 8-a. PZ09-18 — A resolution of the Planning 8, Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9-a. City Council -- Council Member Eldridge reviewed the action agenda items of the November 24 and December 2, 2009 City Council meetings which were included in the packet. 9-1a. Borough Planning -- Bryson reviewed the agenda of the November 23, 2009 Borough Planning Commission meeting which was included in the packet. 9-c. Administration -- Kebschull reported she would be on vacation from December 15, 2009 through January I I, 2010; the issue of front yard parking would be set aside; and, reminded the Commission they would elect a chair and vice chair at the January 13, 2010 meeting. ITEM 11: INFORMATION ITEMS II -a. Kenai Cemetery Expansion Project 11-b. 2009 Commission Meeting & Work Session Report 11-c. Zoning Bulletin (10/25/09) Koester, Wells, and Rogers noted the training held at the AML Conference was very beneficial and thanked Administration for the opportunity. ITEM 13: PLANNING AND ZONING COMMISSION MEETING DECEMBER 9, 2009 PAGE 3 -167- Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:18 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING DECEMBER 9, 2009 PAGE 4 dr. CITY OF IAtD5: " Village with apart —City with a, fj�� N��a9BACKGROUND AND PERSONAL C. - CANDIDATES FOR APPOINTMENT COMMITTE - COMMISSIONS t/�e co�af KENAI, ALASKA RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 HATE: pOC'C. F.O, q' 1 409 FAR.: 293-5068 NAME: 6 1 a \ Resident of the City of Kenaiy?� nor e �n y� How long? 2 �� Residence Address U4 1' oo 4 � 0" t''t; V" I� (1� � ` l Y-` f r� Mailing Address Home Telephone No. Home Fax No. Business Telephone No��7 _ Business Fax No ; h ' l G G EmailAddress: May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYERk'{ f l \J "' C"1 0 y)t/� `�'g€'A7-I�-e"y- Job Title b ( NAME OF SPOUSE: � %n Y I, l b 4 C'G�1� Ci in Current membership in organizations: _ Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Y DOi>;YOU InTO� E ID WITH THIS COMM SS ON OR PS IMITTE o CG m�} b2.C���c WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 6 0y C' �&Vci nll'l n j 0 t REGULAR MEETING — August 31, 20099 N� s�u`"" President JacsluieSteckel Convention & Visitors Bureau,, - AGENDA Board of Directors faec.uic Steckel, Prey+.dent CALL TO ORDER Ea. ROLL CALL Deci n her, 2010 B. APPROVAL OF AGENDA Marion Nelson, Vice President. December, 2009 C. APPROVAL OF MINUTES Shawn Maltby, Secretai ylTreasurer D. PERSONS SCHEDULED TO BE BEARD Deceinlecr, 2fJ7 E. FINANCIAL REPORT Prod Braun, 7;rector 1, Monthly Financials Decesn6er, 2011 Ray Ormi, Director F. UNFINIS14ED BUSINESS December, 2009 1. New Board Member - Janet Schmidt. 2. Management Agreement with the Citv o"Kenai Celia Anderson, Director December, 2011 G, NEW BUSINESS i. New Board Member Recruitment Sharon Brower, Director 2. KCVB Marketing Plan December, 2010 3. Standard Operating Procedures (Museum Collection) itobin West, D;rector 4Executive Directors Report Decemhe.: , 2009 !. ROtaRlvi COTFIMENTS Ron Mabton Director 2010 J. ADJOURNMENT hnmediate Past President —Next Meeting September 28, 2009 Councilman. Hal Smalley City of Kenai Liaison MISSION To promote the membership o''rhe Kenai Conrenoon &Yientirs Burton and the u-ay gf Keee, rhmugh destination markeung, Zo support ecoriornic development of the city of`Kenai rhrough aim visitors tnduag, To nrrre. as the prpfessionalfaciltr ,, manager of the Kenai Ficrore &Cultural Center. Tr prornoie the hmorr. arts and culrure ojKenai and diaska. -170- Kenai Visitors & Convention Bureau, Mc Regular Board Meeting — August 31, 2009 MINUTES CALL TO ORDER A. Call to Order and Roll Cali Present: Directors Braun, Malston, Steckel, Nelson, Anderson, Brower Also present: Kenai City Councilmember Hal Srnalley and Natasha Ala, Executive Director B. APPROVAL OF AGENDA The agenda was approved as distributed C. APPROVAL OF MINUTES Minutes of the meeting of July 27, 2009 were approved as distributed D. PERSON PRESENT SCHEDULED TO BE HEARD None E. FINANCIAL REPORT I. Approved as submitted F. UNFINISHED BUISNESS I. New Board Member — Janet Schmidt Motion: Director Braun motioned to accept Janet Schmidt's nomination to the KCVB Board of Directors. Director Nelson seconded the motion. The motion passed with unanimous consent. 2. Management Contract with the City of Kenai The KCVB Board of directors spent significant time reviewing the draft contracts presented by the Kenai City Manager for consideration. AIa presented the Board with recommendations to consider in evaluating the contract, as well as possible response to the contract. Ala was instructed to incorporate the changes and recommendations of the Board, and submit a new contract to the City Manger. G. NEW BUISNESS New Board Member Requirement The KCVB discussed the need to require new board members. Candidates with experience in finance and law were suggested. li. REPORTS I. Executive Director Ala provided an overview of her report. -171- BOARD COMMENTS ADJOURNMENT The next scheduled KCVB Board meeting will take place on Monday, September 28, 2W9 am Board of'Directors Jacquie Steckel, President December, 2010 Marion Nielson, Vice President December, 2009 Shawn Maltby, Secretarv, "1'reasurer December, 2011 Fred Braun, Director December, 2011 Celia Anderson, Director December, 2011 Sharon Brower, Director December, 2010 Janet Schmidt, Director December, 2011 Ron Malston Director 2010 iYrIIPiCdiote Post president Councilman Hal Smalley City of Kcaw Liaison REGULAR MEETING— October 27, 2009 President Jacquie Steckel AGENDA CALL TO ORDER & ROLL CALL B. APPROVAL OF AGENDA C. APPROVAL OF MINUTES D. PERSONS SCHEDULED TO BE HEARD E_ FINANCIAL REPORT 1. Monthly Financials F. UNFINISHED BUSINESS 1. Management Agreenient with the City of Kenai 2. 2010 Kenai Visitors Guide. G. NEW BUSINESS 1. Orgarrieational Restructuring 2. Programs & Exhibits A. 2010 sununer show B. Kenai Industry Museum ---Johan Williams 2. Executive Directors Report I. BOARD COMMENTS J. ADJOURNMENT —Next Mecting Nove;nbe-r 30,2009 MISSION To promote the membership of the Kenai Conrention & Iri5uars Bureau and she city of Keia! Chroogh de=rnonon marketing. To .ntppmt economic derelopm¢nr ofthe. mm ufKanai rhrough the rmirors induarJ,, 7o score as the pro{esemnol fpcilit� manager the Kenai 1!ncrore &Cultural Cenrer. Ia promote the hisrary, arts and culture fKenai and llaaha. -173- (��PrGtlec} Kenai Visitors & Convention Bureau, Inc Regular Board Meeting — October 27, 2009 Jacquie Steckel Presiding MINUTES CALL TO ORDER A. Call to Order and Roll Call. Present: Directors Braun, l alston, Steckel, Nelson, Anderson, Brower, Schmidt, Maltby Also present: Kenai City Councilmember Bob Molloy and Natasha Ala, Executive Director B. APPROVAL. OF AGENDA The agenda was approved as distributed C. APPROVAL OF MINUTES No minutes available D. PERSON PRESENT SCHEDULED TO BE HEARD None E. FINANCIAL REPORT 1. Approved as submitted UNFINISHED BUiSNESS Management Contract with the City of Kenai Ala presented the Board with a packet of infonnation which included every correspondence to date between the KCVB and the City of Kenai. Ala, to date had not received a response from the City of Kenai regarding the KCVB letter and contract submitted to the City Manager on September 11, 2009. Ala and Steckel stated that they had met with the City Manager on October 20`h regarding the 2010 Kenai Visitor Guide and the management contract. The City Manager was not positive regarding the prospect of moving forward im the negotiations. The City Manager told Ala and Steckel that the City would put the contract out for RFP by January if the negotiations did not progress. The City Manager said he would be writing the KCVB a formal letter of response (to our September i 1 Letter) by October 30`h. 2, 2010 Kenai Visitor Guide The Kenai City Council unanimously voted to approve S10,000 for the 2010 Kenai Visitors Guide, Thor Evanson has been commissioned to produce artwork for the 2010 cover. -174- G. NEW BUiSNESS I. Organizational Restructuring Due to the serious financial difficulties experienced by the KCVB, Ala presented the Board with options to restructure the organization for the purpose of reducing expenses. The Board instructed Ala to make the following changes. The KCVB Finance Director position would be illuminated. KCVB accounting and finance will be handled by Ala who will work with Hammer Accounting to conduct the finances for the organization. The Center would remain close on Mondays, but remain open under normal operating hours Tuesday though Saturday. All full- time hourly staff would be reduced to working four days per week. Programs & Exhibits a. 2010 Surmner Show The 2010 summer show will be an exhibit of the icons, objects, paintings and historic photographs of the Russian Orthodox Church. A conanittee comprised of Peggy Artless, Dorothy Grey, Laura Forbes, Father Thomas and Natasha Ala has been meeting and developed a project description for the exhibit scheduled to open April 23, and run through September 2010. h. Kenai Industry Museum — John Williams John Williams had been asked to curate a permanent exhibit at the Center on the history of oil and gas in Kenai. Williams is interested in perhaps creating a museum in Kenai dedicated to industry. The Board discussed this idea and supports Williams in moving forward with the project. H. REPORTS IU Ala provided an overview of her report. BOARD COMMENTS ADJOURNMENT The next, scheduled KCVB Board meeting will take place on Monday, November 30, 2009 -175- � r � � � i 4 AM r Date: December 16, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 11-17-09 to 12-19-09: Requests for service YTD 1503 Total fast year at this time 1395 7.8% over this time last year Last 30 days 126 requests for service Summary of activities for last month: 1) Participated in Paramedic ride along program with Kenai Peninsula College 2) Did multiple station tours for schools 3) 5 members attended the State of Alaska EMS symposium in Anchorage 4) All department members training with Airport operations for winter preparation and runway checks. 5) Fire Department participated in mass immunization clinics at Kenai Middle, Soldotna Middle, Saidotna High and the National Guard Armory. 6) Participated in Christmas come to Kenai Electric light parade. 7) Started hydrant shoveling after heavy snow and street plowing. -176- a 6• .4 1 ...* 0... } Taxiway F G. & H Lighting Grading & Drainage Improvement: Winter shutdown. Apron Rehabilitation: Winter shutdown. Float Plane Basin Facility Improvement Project: The consultant is receiving and responding to Agency questions. The next step is to summarize agency and public comments, complete draft Supplemental Environmental Assessment and circulate for review and comment. Christmas Play: The Academy of Higher Learning will present The Plane Truth About Christmas in the airport terminal on December 19th at 3pm. This is the second time students have held their play in the terminal to the enjoyment of patrons and tenants. Winter Operations — The airport crew was very busy with the recent winter storm and worked very diligently to ensure safe operations. All flights arrived in Kenai as scheduled. Several tenants expressed their appreciation for the crew's hard work. Happy Holidays — The Airport staff would like to wish a °Safe & Happy Holiday" to all and Best Wishes for the New Year.! Ioth Annual Kenai Peninsula Air Fair: Date is set for Saturday, .tune 5, 2010. 2009-12 ko Rick Koch, City Manager From: Gus Sandahi, Police Chief tjS Date: 12/912009 e. Police & Communications Department Activity —November 2009 Police handled 541 calls for service. The Communications Center received 81 emergency 9-1-1 calls. Officers made 64 arrests and wrote 298 reports. Officers and investigators were busy with multiple ongoing investigations. Remarkably, there were no domestic violence arrests for the month of November. There were no incidents involving bears. Traffic enforcement resulted in 124 warnings, 18 speeding tickets, 1 seatbeit ticket, 16 citations for equipment violations, and 35 citations for "other"traffic violations. There were 8 DUI arrests (two of which were felony). Police investigated 12 vehicle crashes (2 injury crashes). None of the crashes were DUI - related. Three crashes were vehicle vs. moose from mile 4 to mile 14 of the Spur Highway. One of the crashes involving a moose killed a 71 year -old male passenger near mile 5 of the Spur Hwy. In the schools. SRO Mitoh Langseth handled 7 calls for service involving criminal offenses, and handled 2 other calls for service. At KMS he participated in the ongoing mentorship program. He and Chief Sandahl participated in a lock down drill at Kaleidoscope Elementary School. SRO Langseth provided internet safety instruction at KMS. He provided weekly DARE instruction to 75 students at Mt. View Elementary, On Nov V, Officers Harris, Prins, Smith, and Russell attended a 3-day interview class in Anchorage. On Nov. 81h, Officer Todd Hamilton successfully graduated from the DPS law enforcement training academy. On Nov. 9t , Officers Smith and Harris attended a computer investigations course in Mississippi. There was no cost to the City of Kenai for the tuition, lodging, and food expenses at the school. On Nov. 16t", Inv. Whannell attended a domestic violence/stalking conference in Fairbanks. On Nov. 27t°, eight officers ensured traffic control and crowd control for the annual electric light parade and fireworks display. Officer Hershberger completed his 5t" month with the AST Bureau of Highway Patrol. AST has sent him to 5 different training classes since he began participation with the BHP, and he is scheduled to attend more training. Officers continue to work Click it or Ticket and DUI overtime patrols, reimbursed to the City of Kenai by the Alaska Highway Safety Office. -178- ! November 09 2009 2008 2009 2008 STRAY 60 74 ADOPTED 58 .52 Dogs 26 53 Dogs 38 31 Cats 34 20 Cats 20 20 Other Species 0 1 Other Species 0 1 RELEASED BY OWNER 42 48 CLAIMED 8 20 Bogs 24 33 Bogs 8 20 Cats 18 15 Cats 0 0 Other Species 0 0 Other Species 0 0 D.O.A. 5 18 EUTHANIZED 46 48 Dogs 4 7 Dogs 14 33 Cats 1 11 Cats 32 15 Other Species 0 0 Other Species 0 0 Other disposition 1 4 TOTAL ANIMALS 107 140 Borough Animals 21 48 Field Investigations 37 49 Total Dogs 54 93 Volunteer hours 71 43.5 Total Cats 53 46 Total phone 611 623 Total Other 0 1 Isennel Permits 0 0 November 2009 news: 11/2/2009—11/612009 Christi Matti attended the National. Animal Control Association officer certification training. 11/19/2009 3 clients and caregivers from the hope Center braved subzero weather to work with some homeless dogs. 11/2112009 7 girls attended the Farch family birthday party at our shelter cleaning kennels and partying with puppies 6`M IlVi lave wN a Fast C# wA a fiduYe rr 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 �tfty Telephone: (907) 283-7535, Ext, 2361 FAX: (907) 283-3014 the clyof PUBLIC WORKS DEPARTMENT KENAIALASKA December 2009 REPORT TO: Rick Koch, City Manager f FROM: Wayne Ogle, Public Works DirectorA DATE: December 8, 2009, 2009 SUBJECT: Mid - Month Report; Public Works Department The status of previously reported projects is as follows: • Cabin Relocation Project - Historical Society is coordinating work. All five cabins are at new site. Dolchak cabin will require some replacement logs near the foundation. Project is in winter shutdown. • Kenai Municipal Airport Rehabilitate Apron — 2009-2010. Design by Wince-Corthell-Bryson, Construction by Alaska Roadbuilders. Upgrades aprons, addresses drainage issues and lighting. Part of the project utilizes 'Stimulus' funds. Work is completed for the 2009 construction season with final work to be completed in 2010, -- rainage —(Design byWince-Gorthell-Bryson, construction by Alaska Roadbuilders). Construction complete; project closeout is underway. • Vintage Pointe Dry Sprinkler System Replacement — 2009 4/1/09 Council awarded contract to Alaska Automatic Fire Protection, Inc. Construction started 7/7. Project complete with project closeout underway. • Kenai: Various Road Improvements — 2009 (Baron Park Lane & HEA Access) (Design by Hattenburg, Dilley & Lmnell (HDL)) Phase 2 to Marathon Road Improvements: Grading, Drainage, Paving, Signing & Striping, Illumination and Water. ADOT is to bid the contract & HDL to do construction management. Project is under review at ADOT. • South Beach Fence Materials — 2010 Project is being planned for a permanent fence (6"x6'x8' wooden pasts and two bp'yr4es of 3/8" na1eani7nrl .•hair;\ fgr the +...,+!on s So tBeach Dune_. , l that' 1- -� • _ - i prvie�.uvu vi .�uJiti venue Dunes similar to installed on North Beach. Bid documents are being prepared. • Kenai Fire Department Flooring Replacement -2009 Project to remove and replace approximately 5,000 square feet of carpet and replace with carpet and the started on 12 October. Project is complete with project closeout underway. • Kenai Communications Center Ergonomic upgrade — 2009 Project is for the assembly & installation of two intensive use 2417 ergonomic sit -to -stand dispatch workstations and one securable server storage cabinet. Bids were opened 24 November 2009- City is considering the bids. • Small Projects —the concrete pad and sidewalk for the Gazebo is complete with the Gazebo placed on site. • Public Works Operations — Snow Removal. Our first significant winter snow storm dumped wet snow followed by rain and then freezing temperatures. This was challenging to the Street's crew. Our crew followed our snow removal plan which hits high priority areas first and then onto other areas. Typically a snow removal operation takes about 14 hours of work. We use our 'snow gates' as much as possible to minimize drive way 'berms'. After the initial clean-up we go back and touch up areas that might need more attention. We also push snow back as much as possible to make way for new snow. We are especially appreciative of the citizens remembering to not park vehicles or put items in the street right of way. This speeds up snow removal greatly and avoids accidental damage to property and possible danger to our operator and equipment. We are also busy sanding roads except when it is still snowing or during windy weather. We stock -pile up to 5 thousand cubic yards of sand before winter and end up using 3 to 4 thousand cubic yards. We rarely miss areas but if we do, we encourage the public to call City Hall and let us know, We will pass the information onto the crews. ____ _J December 2009 November Circulation Figures Adult Fiction 2,188 Internet Access 1,150 - Adult Non -Fiction 1,479 Music 212 Periodicals 106 Puzzles 0 Juvenile Fiction 665 Videos 430 Juvenile Non -Fiction 241 DVDs 2.400 Easy Fiction 1,377 Audio books 139 Easy Non -Fiction 519 Miscellaneous 28 Interlibrary Loan 29 Computer Programs 10 Total Print 6,604 Total Non -Print 4,369 1 Total Circulation 10,973 In -House circulation 138 Library Door Count....... 6,993 Downloadable Audio 225 The total circulation for November of 2009 was 22% higher than the circulation in November 2008. The library website had 2,658 visits by 1,590 visitors. We have been working with the Friends on a fundraising `Breakfast with Santa" event for December 12. Please note that the library will be closed on the entire weekend for both the Christmas and New Year's Holidays. Income Frees and Rental Bect:s $ 808.>6 Xerox 154.50 Lost/Darnaged 59.99 Test Proctoring Fee 40.00 Total income 11/09 $1,063.05 Volunteers Hours 7 36 Interlibrary Loans Books Ordered 43 Received 38 Returned 48 Loaned by us 22 Library Cards Issued November 2009 internet Only 13 Clatn Gulch 1 Homer 2 Kasilof 5 Kenai 109 Nikiski 24 Ninilchik I Soldotna 32 Sterling 4 Non -Resident 17 Organization & Other 6 Total 214 Adult Programs .......... 1 Persons .............. 62 Children's & Family Programs.... 19 Attendees ................................. 289 -181- IK114�e with a Past Gay with a Future •, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 I FAX: 907-283-3693 To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Director From: Robert I Frates, Parks & Recreation Directo Date: December 2, 2009 Mid-monthReport A total of 109.75 hours were reserved at the multi -purpose facility during November. This is slightly less than what was reserved last year at this time. The decrease is a result of Nikiski High School not utilizing the facility this season as they did not field a team this year, Building Maintenance assisted the department with repositioning the City of Kenai 1 ConocoPhillips Multi -Purpose facility sign. Pole decorations were installed in November with the assistance from Public Works. Dave Hernandez also installed wetter lights at Leif Hansen Park, i,i'orary, Senior Center and City Hail. Dave is currently working on designing some small static tree displays for four of the concrete circle planters. We are inching closer to being able to begin our winter trail grooming efforts at the Kenai Golf Course. Once there is enough snow for use of the snowmachine, staff will evaluate and document several trees that the operator of the Kenai Golf Course would like to see removed. Work will not begin until after City administration has an opportunity to review. The Director has been working with Jim Russell (Russ's Construction) on a Rec. Center gymnasium floor evaluation. Estimated timeframe for his evaluation is toward the end of December. Director has been working on budget matters and will be on leave December 3-15. Efforts have been made toward updating the Kenai River Marathon web site. Pictures have been updated and Director has been coordinating with the KCHS Art Department for a video to be included. The metal -framed gazebo project was completed and will be a nice addition to the scenic bluff area east of the Senior Center. "'Villaye W d h a Past GL with a fif rUre `® t 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 :-. Telephone: (907) 283-7535, Ext, 236 / FAX: (907) 283-3014 Ike eefy 1r KEN E AIASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: December 9, 2009, 2009 SUBJECT: Capital Projects Department — Project Status Update The status of the projects are as follows: • Kenai Community Library Expansion Project — Architecture by ECl/Hyer, Inc, - Completed Design Development (65%) Documents on December 2, 2009. Started Construction Document phase with the Bid scheduled for release in early March 2010. • Bridge Access Road Water & Sewer Main Extension — Engineered by Wm. J. Nelson & Associates. Invitation to bid was advertised on November 30, with bids due on December 30, Award is scheduled for the January 6, 2010 Council Meeting. • Lawton Drive Water Extension Project — Engineered by Wm. J. Nelson & Associates is underway. All Permits are in place, and Bid Documents are nearing completion, the project will be advertised following the winter holidays (early January 2010). • Arsenic Ground Water Study —Engineered by HDL with Pilot studies by HDR. Amendment 12 was approved by ADEC and testing is scheduled to begin in early January with test equipment scheduled to arrive in mid December. -183- 15181 [�327 i I l�Ti To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: 12/09/09 Subject: December Monthly Report Total November Meal Count 2009 Served: Total Congregate Meals Served: 1,021 Total Home Meals Served: 1,415 Total November Meal Count 2008 Served: Total Congregate Meals Served: '1,068 Total Home Meals Served: 1,475 We were rented twice in November. There were 609 volunteer hours for the month of November. November is float building month for the "Christmas Comes to Kenai." Six seniors built the float. The seniors received "honorable mention." A new crocheting class was started by our outreach worker. She is teaching crocheting, as well as providing space for experienced crafters to come and share what they are creating, help each other with patterns, color choices, and enjoy the socialization of being in a group, Twelve youth from the Peninsula Grace Brethren Youth Group gave up a Saturday to help hang garland and Christmas lights in the dining room. They also tackled decorating big trees with lights along the bluff, hang lights and garland outside Vintage Pointe and the Senior Center's canopies. A big thank you to Parks and Rec. staff for helping us decorate Vintage Pointe cache and trees along Senior Court. The Director attended a "Home Community Based" Medicaid and rate regulations workshop. The state HCB regulations are being revised and before they are presented at a public hearing, the commissioner decided to ask for provider input. There will be two more workshops before the regulations go back to be reviewed and revised for public comment. The senior center kicked off their annual "Toys for Tots" drive. Toys will be collected until the 16`h of December and then someone from Mountain View Elementary and the middle school will pick up our toys and distribute them to kids in need for Christmas. Volunteers were at the senior center to provide a dinner on Thanksgiving Day to seniors that did not have anywhere else to go. They cooked a turkey, ham, mashed potatoes and gravy for seniors in our community. Seniors who participated brought a side dish to share. There were thirty people who participated. • "Viilraye wick a Past C# witk a Fay are FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 thEciy0f Telephone: 907-283-7535 ext 221 1 FAX: 907-283-3014 KENU ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director,,-z Date: December 10, 2009 Re: Monthly Report The past month has been a busy one with much of the department's focus on the preparation of the FY2011 Budget. Information for budget preparation will be distributed to City Departments by December 21st. The Council will receive its first draft of the FY2011 budget on March 29`h. There is much work to be done by all City departments over the next couple of months. With design almost complete for the Library Expansion Project, preparations are being made to issue the $2,000,000 in debt authorized by the voters of Kenai. There are some exciting programs created by the American Recovery and Reinvestment Act (ARRAj that may henefit the City in the debt issuance process. These programs may reduce the cost of debt below the traditional tax-exempt debt rate available to governments. WOM � $ �� I Wel lq�k 0 -1 1. 12/ 16/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 11/ 11/09 W. Hogan, Commissioner, Department of Health & Social Services letter commending the City of Kenai staff for its dedication, 3. 2010 Alaska Gaming Permit Applications -- BPOE Kenai Elks #2425 Fraternal Order of Eagles Aerie #3525 4. 2010 Alaska Pull -Tab Vendor Registration -- BPOE Kenai Elks #2425. 5. November, 2009 Kenai Municipal Airport Enplanement Report. 6. 12/ 10/09 Kenai River Special Management Area Board of Directors meeting agenda and 11 / 12/09 meeting minutes. 7. 2009 Planning & Zoning Resolution Report. 5M■ PURCt,-.sE ORDERS BETWEEN $2,500.00 AND $15,000.01) FOR COUNL,., REVIEW COUNCIL MEETING OF: DECEMBER 16, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT OLT SOLUTIONS AUTOCAD SOFTWARE CAP PROD MGT SOFTWARE 3,125.74 SEAN PARNELL, GOVERNOR i i ".,.-h .a e.'� ! ,,.`xx1 P.O. BOX 770601 DEPT. OF HEALTH AND SOCIAL SERVICES JHONE.' 907)ALA46A 3030 0607 e� PHONE.' (907f 465-3030 OFFICE OF THE COMMISSIONER FAX (907) 465-3066 November 11., 2009 Rick Koch, City Manager Kenai, City of 361 Senior Court Kenai, AK 99611 Dear Rick Koch: On behalf of the Department of Health and Social Services, I would like to share my sincere appreciation for the hard work and continuing commitment to the health and wellness of Alaskans shown by the dedicated staff of Kenai, City of. Your services provided through the Nutrition, Transportation and Support Services successfully met grant project goals for grant number: 607-09-108. Your grant program was nominated by Joan Gone from the Division of Senior and Disabilities for meeting or exceeding the Department's expectations in demonstrating successful outcomes to Alaskans. This effort exemplifies the overall aim of the Department in helping individuals and families create safe and healthy communities. We encourage you to share this recognition with fellow employees and other key individuals, agencies, and organizations that support this program. Again, please accept my earnest gratitude for your enduring dedication to improving the welfare of Alaskans. We look forward to continuing our partnership in the future. Sincerely, William H. Hogan Commissioner cc: Rebecca Hilgendorf, Division Director Joan. Gone, Program Manager Marlyn Carrillo, Grants Administrator 2010 Alaska Gaming Permit Application ival ppGale stamp Organization Information fedeal €IN— If emitting, entergamirg permit R Phoneorn nher I fax number -v¢y tart' i 92-0038291 162 907-283-7776 1 907-283-7729` �'`�w"',v organtaarmn name Webs!te address BPOE Kenai Elks k2425 idai;ingaddress GAy State Zip+S 205 Barnacle Kenai I AK 99611Ir ° Entity type (check, one) Organization t e(checkone)fordefinitions,seeAS05.1S.690and15AAC160.995 6 Comorarioe. ❑ Chantatc O 4aternal ❑Partnership ❑CNic✓service ❑labor 0 Police or fire department ❑Political j ! 0Assonation ❑ Dog meshes'issodarlon OMun;dpality ❑9englous 06moshohal ❑ frorpronf raceassodatlon ❑Vemfans D rlshlno dany association O Cutboacrecor association DIRA/runve village EbYe,Dun Jo hearganitarion haee 25 at more Members who are Alaska resloentsas dered h Am articlesotoaporatmn or bylaws? � Members in Charge of Games Himoir in urge must be natural persons and anyi,membersofthe organization, or employees of the momentarily, she itispilatedby the organl2anon.Member> In charge may not be licensed as an optenor,be e regisreedvendor or an employee of a vornex for ha crgardLeen_ [ii Than one alnemah' anon a separate sheet. Dimity mernber firs) name, Pld Pro oat member last name Konrad Q Jackson !Seciai sewny number imail kgjackChotmaiLcom uhnnne phone number Mobiienuhi 907-283-2690 907-398-9121 _ Horne maiGna addcess PO Box 2935 city Star- lIP+4 Soldotna AK 99669 Eats 7heprararymembtn paszdthe tear? ©Yes ONo Permltd u�erwhiCh test was taken 528 Alternaie member P,rsi name MJ Alternate member last name. Daniel L Aaronson Social security number Email ' I kenaieiks@alaska.net I Daytime phone number 'Mobile number 907-283-7187 dome mailing address PO Box 1681 C!ty gravel j 71p+4 Kenai AK 99611 Has the all, mass member passed thensi? ! PermitA�mderw!;ichtestwatraken� CIYes ❑lVo � 1172 I I Legal Questions Ihesequestionsmustbeansweredlfyou answervestoeither question, seeInstructions. ❑tes Lt1No Does any msmioTofmanmememoranyperson who's returnable ioraamigg Does Eno Has any member of management crony person wife eresponsible for gammg activities aveaprchibited mnBi¢of interest as d¢fined by i5 AAC 160.9;4? activities ever been convicted of felony, exmrdon, or a violation of a law or ordinance of this state, or, another iurisdictior, That Is a crime involving the or dishone�ry,oraviohGonofgambiinglasr�=.? Ndedarrjade, Penally aiunswan(alevTonionthat veehme exominedThoopc.,caot,indurrfory any rhoeforn r, and rhorto she lest orour knowledge and bil isloveono mmpleW- We undefsmndrhatany lake smremem modr on the nOPlication oronyarrochnnents sabnonoxa 6yksix, 9yowsigoorumsbelova werheglmarymemhe{ the olmmah membea ondil appontole rhemareoger algames, agree inexv the Uearirtmrfi al Revettve to review any cim,7nalhimay we amyhpve, in acmxdanre wfh 7S.4AC 160,934. memberlq ChSaq afore 1Drifted l �d( V - name Date I Konrad Q.Jackson Dec.2,2009 resit h rorhet office', on ire (see Ies lutlonsi �\ v Printed name Joe( Macrander l Dare Dec. 2, 2009 �At that at in Chargers Litypsine t--e. Printed name Daniel L. Aaronson Date Dec. 2, 2009 ,h.. Iofcam .➢ng re. .Printed name- Konrad Q.Jackson )Dare 1 j Dec.2,2009 Mail to Alaska Department of Revenue -Tax Division PO Box 110420->jrv-au, AK 99811-0420 Phone )907)465-2320 . Fax (907)465-3098 www! tax aLoakoigov/gamino 826 One copy of the application must be sent to the nearest municipality orborough. See instructions for mandatory attachments. Pay online with TDPS at www mxalaskaoov or make check payable to State of Alaska, New applicants must pay by check. Retain a copy foryour records -190- Permit Fee The permit fee is based on 2009 estimated gross receipt:. Check the appropriate box. Netw applicant T $20 ❑ $0- $ZC JDO S20 0 $20,001-5100,000 S50I El SIOU 1ormone S1C0 orm 0405-926 1 web Rev16109 for2010•page1 826 B POE Kenai Elks #2425 1 162 1 GAMES OF -CHANCE AND CONTESTS N SKILL acility-based Games (self-directed)If, oreanniofa<ili e5, attlChase2arates ea[ Facilay bane Physlcal address (hy State Zip+4 BPOE Kenai Elks #2425 205 Barnacle Kenai AK 99611 _ Eadllry type check oat-! Game Type gheckaP that apphy) ©Ovrned ❑Leased ElDonated 08ingo EIRdBIe ff?ullaabs ❑,Anlmalelassuc hlCaen)" ❑ Animal dz5ac(rat race)' 0Spedaldrawra^le" ©Cakurapod- facility name — address City Srte 2rp-4 AK iFacnnytype nheckone) Game type apply) EIOwned ❑Ceased ❑Donated ❑Bmgo ❑MFFle ❑Pull -tale 0 Arfimal classic Schiateni" ❑ Animal dasoc(rat ravel` ❑ Special draw raffle•' ❑Capita pool"" I Terarredgame type — see lravunlooa yr mmdororyanordmenees r Area -based Gamesfirorethantwoareas, auachaseparate sheet 1 Area Game type hheck all mat apply) ❑Raffle ❑Canturofekill 0Herr derby ❑Dog mushedmntrest ❑Casrac(speoi ) Area Game type(checkall that apply) ❑.Raffle ❑Coatestotskal ❑Nshdl ,JDog mshers'macest 0 Isaaic(spedly) Ma nage r of Games Required only for self-dlrect'o pull -tabs and bingo j Manager firsiname MI Manager iast Rant Seoal security number Daytime phone numhr Konrad Q Jackson 907-283-2690 I Nome mailing address Lmaa. Me— b� le phone PO Box2935 kgjack@hotmaii.com I 907-398-9121 ruty State iZIP 2, Pemlt d unoer whlhtest taken Kenai AK 99611 INasrhemawgeroFyamespassedrnzresr? t�Yes OA'a 528 Vendor Information Arpach 2010 vendor recri5tradonforrin(s) and feels) for each vendor listed below I bar or liquor store name The Bow Physical address 502 South Main Street Clry Kenai state AK TIP +4 99611 Baron liquor store name ,406 Family Sports Cate Physical address 10800 Kenai Spur Hwy City Kenai State AK Zip+4 99611 i Bar or licaf store name Physkaladdress fGy Stare AK Zip+4 Bar Of noor stor� ename Physical address. Cry State AK Zip+4 ' Bar or liquor eore name 'hpsiral a^dress CLy ;> AK (Zip Operator Information DFSle;tate ooerafat Who will Conduct activities on the omanlzatlon's behalf Attach sioned aneratlnc rnntrut(s1. If more than nne nnaratnratrorh a aer>>arara thee. 6ceraroarcen<.e5 Cperams Facility name Gamerype(s) Physical address cry Stale Zlp-+4 Multiple -beneficiary Permittee Information (MBP) 6esianep the WsP with Vehlch the nrnanieatlnn has sinner) .a narrne« nn or inlnt-wntive anrar+rnant MBP permit 00. #MBPname Ioolity name Game rype(s) Physical address Oy Stare ZIP ;4 I Dedication of Net Proceeds Descrbeindetalihow the organization 41usethe let proceeds from Charitable, Civic, Educational, Need, Scholarships 826 Retain a copy for your records actitnhes. Form 04OS-A26.2 web Rev I(VO or 2010 • page 2 -191- CALCUTTA POOL PERMIT INFORMATION AUCTION: JUNE 18, 2010 p@ KENAI ELKS, 205 BARNACLE, KENAI, AK 99611 EVENT: JUNE 19, 2010 C@t KENAI GOLF COURSE, 1420 LAWTON DR., KENAI, AK 99611 Molm Attn: Tax Division, Alaska Department of Revenue _ f PO Box 110420 Juneau, Ali 9981.1.-0420 Fax: 907-465-3098 w Year 2010 S. Gaming PermitiLicense 528 Permittee Name Fraternal Order Of Ea^les Aerie # 3525 EINtATIN 920D450t0, Application Number Electronically Paid Amount Payment Receipt We declare, under penahy of unworn falsification, that we have examined this application, including any attachments, and that, to the best afour knowledge and belief, it is true and complele. We understand that any false statement made an the application or any attachments is punishable by low, By our signatures below, we, the primary member, the alternate member, and if applicable, die manager ofgames, agree to allow the Department of Revenue to review any criminal history we may have. in accordance with 15 AAC 160934, M https://rnyalaska.state,ak.Lis/TAXOPAI.,/Signature.lp 12/9/2009 OPA Signature Page Page 2 of 3 Organization Information Year Permit requested for 2010 Federal EIN or Alaska Tax Identification Number 920045010 Name of Organization or Municipality Fraternal Order Of Eagles Aerie 3525 Mailing Address One 5765 Spur Hwy City, State Zip +4 Kenai, AK 99611 +7406 Telephone Number (All numbers include area code) (907) 283-4938 Fax Number (All numbers include area code) (907) 2834904 Organization Website Address Of available) Type of Organization Fraternal Organized As Corporation Specify the organization type How will activities be conducted? Self -Directed by the Organization Does the organization have 26 or more members who are Alaska residents as defined in your articles of Yes incorporation or bylaws? Have the organization's articles of incorporation No changed? Have the organization's bylaws changed? No Estimated gross receipts for year prior to application $100,001 or more year: Game Types Facility or Location -Specific - Unrestricted Pult-Tabs Area Based - Unrestricted Raffles Self -Directed facility or Location -specific Game Type(s) PuII-Tabs, Raffles Facility or Location Name FOE 3525 Kenai Address 5765 Kenai Spur Highway City, State, Zip Kenai, AK 99611 +8340 Ownership Owned Area -based Information Area Kenai Game Types) Raffles Vendor r nfrmation Operator Information i'Indriple-benefneiary PermUtee (MOP) Members in Charge /Manager of Carnes What position does this person serve? Alternate and Manager First name Kelly Middle Initial J Last Name Bookey Address 115 Walker Ln City, State, Zip Kenai. AK 99611 +7406 Daytime Telephone (907) 283-4433 Mobile Number Email Address kfj@acsaiaska.net Has this person taken the test? Yes Permit number under which the test was taken VJnat positiondoes this person serve? Primary Mamber in Charge First name Brett Middle Initial d Last Name Holt Address 5210 Mink Ct City, State, Zip Kenai, AK 99511 Daytime Telephone (907) 283-3239 Mine•//mval acba otala oY nc/TA YOPA1 /Cio-narnr194v 77/Q (0 (1t1Q OPA Siguatuce Page Page 3 of 3 Mobile Number Email Address Has this person taken the test? Yes Permit number under which the test was taken Legal information Persons convicted of a felony, extortion, or a violation of a law None Persons with a prohibited conflict of interest None Net Proceeds Dedlcatioty Details Scholarships, school activities, local charities, veterans organizations, and many others Attac/mteats Title (Tppe), Description -195- hYtnc•lir•nvalacUo cI Div oU norF A Yf11>AT /Q;...,.+,— 1 1 In I�nno 2010 Alaska Pull -tab Vendor Registration A registration is required for each vendor location. A permittee may not Contracrwith mare than five vendors at one time. Apply online al wwwafax.alcoska.gou/gaming. Permittee Information rrdbrslUN IGaming permit# Peolottee name i 92-0038291 162 BPOE Kenai Elks #2425 r 2hone number Member in charge Member of choice more number 907.283.7776 j Konrad Q.Jackson 907-398-9121 85A FeGeal F!N or social securiry furmin, severants Sgmnsarylicense k Package store forts R 20-3172154 0607-4555 Owner name 0usuess ilcerie a Lindsey Olson 312601 �- atrSin.55 ndRIN Fhone➢umbel _ lax nurDb& I Mitak LLC r 907-283-6101 907-283-6217 Nwaing adbwss Fhasual address ofvendor location 10800 Kenai Spur Hwy 10800 Kenai Spur Hwy ity dare IeprA 01YONendolloUtlon ISId".P tip+4 Kenai AK 99611 1 Kenai ( AK 99611 Legal Questions 'f our 6usfnmiress recover issued o Assam By,, ye) are man edtopovl0e rsodm`semi y tuber. These quesuns must be answered by rhevendor if thevedor answers Yosto any goesdon, please wDmitthe parser's name, bare of birth, social sectri y number and position of respoesibiiry_ ❑Yes ©No Yas any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, of a violation of a law or ordinance of this state or angtherjunsdiction, that is a crime Involving theft or dishonesty, or a violation of gambling laws? ❑'fes oPlo !;oyou employo haveacontract with the primary oralternate member 'ncharge ,office,, board member or manager of gaming for the abovecoganizafionf ❑Yes oNo Do you have a contractoirberthan a vendor contract with the organization listed above s Vendor Contract to Sell Pull -tabs Pursuant 10 AS 05.15.188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor farther agrees that, as compensation for expenses Incurred in selling pail -tabs on behalf of the permitteeA 30% of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 701/6 of the ideal net from each game, AS D5.188(h). ?he vendor further agrees that an amount equal to the idea; net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon Qe!ivety of a pull -tab <eriei AS OS.15188pi. It is further agreed ihat the vendor wf ll ensure pull -tab winners of $50 officers will complete prize receipt forms; that prize winner summary `arm will be completed for each pull -tab game and retained with those winning pull -labs AS 05.15187(i); and these records of pull -tab winners will be given to the permittee to retain for the required two or three years, AS 05.15.1871f). It is further agreed that it is the vendors 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 puil-tabs, then all unopened and opened pull -tab games shall be returned to the permittee within 10 days, if the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-rab games must be treated in accordance with 15 AAC 160 490, We declare, 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 understand that any false statement made on this document or attachments is punishable by law. Primed name Mike Konrad Q.Jackson e only vesication k Registration Fee is $50 Pay online with'OPS at wlewtax. alaska.govof 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. �Sq Retain a copy for your records Dec.2,2009 Forns 0405-85M web Rev 10/00 for 2010-page t M 2010 Alaska Pull -tab Vendor Registration A registration is required for each vendor location A permidee may not contratt with more than fvevendors at one time Apply online at www rox olasko gov/gom7ng Permittee Information u eoeiaM env aamrng rmirp Permitree name 92-0038291 162 BPOE Kenai Elks #2425 Pnaoenumber !Member in change Member in diphone number 907-283-7776 ('Konrad 0.Jackson �907-398-9121 M 854 Federal EN or Soria[ Sevity Number' Beverage dispensary trove Potbage store license 92-0152924 1312 Gvrne "ame Business tensea Dianne Ireland & Elton McGahan _� 202190 Busmoss name Pro ne puma; IFax number 1 The Bow 907-283-4656 Mailing address Physical address ofwredot location 502 South Main Street 502 South Main Street I city ( Aare � tiff 4 Gtyofveno r,:c!arter 1 State Did 4 �r Kenai AK 99611 Kenai AK 99611 Legal (questions * eyourbusiness nrs notbenoiDuredo fedeio!Ehrt you ore required toprovideyoorsodolsecu(jry number I'nese questions must be answered by toe vecbmfine vendor answers Yes tc any question, please Sanml[ the person's We, are Of birth, sonal security number and position of rucionslbllity ❑Yes ©No Has any memberof managementor any person who is resporad efor gaming activities ever been convicted of a felony, extortion, at a violation of a law or ordinance of this state or another judsdieion, that is a came involving theft or dishonesty, or a violation of gambling jaws? ❑Yes 19No Do youempioyorhaveacomraawiththearimaryoralternarememberincharge,off er,boardmemberormanageratgamingfortheaboveorganizabon? ❑Yes aT No Do you have a contract other than a vendor motract with the organization listed above? Vendor Contract to Sell Pull -tabs Pursuant to AS D5-15188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permute, listed above. ihevendor froheragreesthat, ascompensation for expenses incurred inselling puil-tabs orbehalf ofthepermittioN 300% %oftheidealnetofeachgamemay be retained by the vendor as compensanson. Permittee must receive at least 70%ofthe Ideal net from each game, A5 05.188(h}. 1'he vendor farther 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 pern ittee upon delivery of a null -tab series. AS 05.15.188{ i?. It Is furtherer agreed that the vendor will ensure Dili -tab winners of S50 or rrwre will complete prize receipt forms that prize winner summary form will be completed foreach poll -tab game and retained with those winning pull -tabs AS 05.15.187(i); and these records of pulkiab winners will be given to the perrur ee to retain for the required two or three years. AS C515.187(f It is further agreed that it is the vendor's responsibility to ensure gaming activity atthis 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, tfien all unopened and opened Dub -tab games shall be returned m the bass ee within 10 days, If the permittee loses the prsriiege to conduct gaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160 a90. We ded near pena[tyof unswom falsification, thatwe have examined this form, including attachments, and that, to the best of our knowledge and belief, it is true and complete, weu erstand that any false statement made on the document or attachments is uumindarfe bylaw. aign torecry eon �, / / r, I Prided came ! spade '10 Y;/ ', t %,>L /l I Dec. 2. 2ao9 Konrad 0.Jackson Registration 1 ee is $50 Pay online with FOPS at wwwhsx.alasda.gov or make check payable to State of Alaska, This registration form must be attached to a permit application form and i will not be processed until the fee is received. 854 Retain a copy for your records I Dec. 2, 2009 use onlydate sump Corm 0405-854.1 web Bev m/N for 201G- pane t -197- ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2008 from AVIATION Month Total 2008 January 5,063 1,761 6.824 7,752 -928 322 7,146 Pebrua 4,369 1,602 5.971 7,032 -1,061 316 6,287 March 4,592 1437 6,029 6,911 -882 328 6,357 April 4,233 1,571 5,804 7,057 -1,253 277 6,081 May 1 4,968 1,643 6,611 7.572 -961 248 6,859 June 1 5,069 1,788 6,857 6,020 -1,163 313 7,170 July 1 7,368 2,244 9,612 11,274 -1,662 390 10,002 August 1 6,881 2,272 9,153 10.492 -1,339 352 &505 September 1 5,445 1,934 7,379 T761 -382 246 7.625 October 4,961 1,958 6,919 7,105 -886 159 7,07$ November 4,836 1,818 ! Q714 6,738 -24 134 6,848 December 0 7, 183 Totals 57.785 20,088 77873 95.597 1 -10 541 3.085 80 058 5-year Comparison Chart 2007 2006 2006 2004 2003 7,417 6,466 6,023 6,326 6.454 6,667 6;,�8y08 6,1 B4 5,993 5,280 7.391 7.071 5.974 fl700 6 R4R 7 11.370 10.860 10,654 83,523-82,009 76,729 95000 � i 90000 , 85000 ®Senesi�ij L__..� 80000 75000 70000 j2007 2006-....... 2005 2004 ......._ 2003 _._._-._._......_....._-_.� 5NL�� 2009 Planning Zoning 14 12 10 6 4 2 0 b PfiecB e e`er sQe�t` Old Jy e a r'� z e w i a a,�a e<e OG ac�yGa v e -Z� PZ Resolutions for the fear 2009 TYPEOFPEI?411T ResoIutiort# T17PE MEETINGDATE ACTION Amend KMC Thursday, December 10, 2009 200902 14.20.020 Development Requirements 1128/2009 Approved 200903 14.20.255/14.22010 Coll Towers 1/2812009 Postponed 200904 14.20.260 Enforcement 2/11/2009 Approved 200908 14.20.240(c)(6) - Mobile Homes 2/25/2009 Approved 200919 14.25 Landscape 4/22/2009 Approved 200920 14,22.010 Land Use Table 4/22/2009 Approved 200925 14.15 House Numbering 5/27/2009 Approved 200927 14.22.010 Land Use Table 5/27/2009 Approved 200934 14,22.010 LC Zone 6/2412009 Approved 200935 14,20.050 Non -Conforming Uses 612412009 Approved 200939 14.99 Retention Basins 8/1212009 Annmved 200940 14.22.010 TSH Zane 8/12/2009 Approved/Falied @ Council 200946 Establlsh 14.20.235 WES 10/1412009 Approved Page 1 of 4 -200- TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Conditional Use Permit 200905 Vocational Center 2/11,12009 Approved 200907 Gift Shop - in residence 212512009 Approved 200915 Assisted Living Facility - Senior Living 312512009 Approved 200930 CUP for Outside Storage 6/10/2009 Approved 200941 Guide Service 8/12/2009 Denied 200945 Private Family RV Park 919/2009 Approved 200947 Daycare/Preschool 8/26/2009 Denied Encroachment Permit 200936 Side Setback- Existing Building 7/8/2009 Approved 200948 Rear Setback 11/1012009 Denied Home Occupation Permit 200921 Daycare 4/22/2009 Approved Thursday, December 10, 2009 Page 2 of d -201- TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION LandscapelSite Plan Preliminary Plat Thursday, December 10, 2009 200914 AK Digital - Stanley Chrysler 3/512009 Approved 200917 Span Alaska -Kenai 3111MOB Approved 200924 Merit Plaza - Coffee Cart 5113/2009 Approved 200926 Kenai National Guard Armory 5/15/2009 Approved 200928 Public Picnic Pavillin 5/21/2009 Approved 200931 Office building 5/2912009 Approved 200932 Cross Country Ski Shack 512912009 Approved 200938 ProposedAircraft Hanger 6/26/2009 Approved 200943 Kenai Hanger, LLC 8112/2009 Approved 200913 Kenat Cemetery Expansion 3/11/2009 Approved 200916 Holier Subdivision No. 6 3/25/2009 Approved 200922 Sungate Park SO Randall Addn. 512712009 Approved 200923 FBO Subdivision No. 9 5127/2009 Approved 200942 Pinwood SD - Gerow Addn. 8/1212009 Approved 200944 AK St, Land Survey #2008-45 8/1212009 Approved 200949 L1A, Black Gold Estates - Bock Rapist 11/10J2009 Approved 200950 Michael J. Pelch Homestead Jr. Addn. #2 12/9/2009 Approved -202- Page 3 of 4 TYPE OF PERMIT Resolution 4 TYPE MEETING DATE ACTION Rezone VatZanCe Thursday, December 10, 2009 200901 RR1 to LC 1t14/2009 Removed 200906 RR1, C to LC 2/11/2009 Failed/Approved @ Council 200918 MAPS Special Zoning District 4/8/2009 Postponed 200929 Spilt- RR (Glen Estates) 6/1012009 Approved 200933 6' High fence 6/10/2009 Approved 200937 Side Setback -Proposed Building 718/2009 Approved -203- Page 4 of 4 KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /wwcv.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) Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (HEA) -- HEA Interconnection Guidelines. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) TTLWR T. LTesiini44XTL". P BC HEARINGS t�ia:ied t0 minutes per speaker.) Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. PASSED UNANIMOUSLY. Substitute Ordinance No. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). 2. AMENDED BY SUBSTITUTING SUBSTITUTE A. Resolution No. 2009- 68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009-68 for a second public hearing to be held at its December 16, 2009 meeting.) Supporting the Alaska Coastal Communities Global Climate Change Compact. b. WITHDRAWN. Substitute B, Resolution No. 2009-68 -- Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska. Energy Policy as Proposed by the Tri-Borough Commission. 3. PASSED UNANIMOUSLY. Resolution No. 2009-70 -- Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. 4. PASSED UNANIMOUSLY. Resolution No. 2009-71 -- Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. PASSED UNANIMOUSLY. Resolution No. 2009-72 -- Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library Expansion Project. 6. PASSED UNANIMOUSLY. Resolution No. 2009-73 -- Approving the Facilities Management Agreement for the Kenai Visitors &, Cultural Center to the Kenai Convention & Visitors Bureau From January 1, 2010 to December 31, 2013. 7. PASSED UNANIMOUSLY. Resolution No. 2009-74 -- Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade- 2009 for the Total Amount of 29,881.94. PASSED UNANIMOUSLY. Resolution No. 2009-75 -- Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. *Liquor License Renewal -- Country Liquor #1308/Package Store ITEM E: MINUTES ITEM F: *Regular Meeting of December 2, 2009. POSTPONED TO 116110. 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. (Clerk's Note: At its December 2, 2009 meeting, the City Council referred the Extension of Construction Schedule to the Airport Commission for review and comment and requested the item be returned for Council consideration at its December 16, 2009 meeting.) ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2460-2009 -- Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program. 4. APPROVED. Approval -- Mutual Rescission of Lease/Arctic Barnabas Ministries, Inc. -- Lot 9A, Block 5, General Aviation Apron Subdivision No, 5. 5. NO DIRECTION GIVEN. Discussion -- Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas. ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks &, Recreation Commission 6. Planning 8s 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 J: ADMINISTRATION REPORTS ITEM K: City Manager Attorney City Clerk Citizens (five minutes) Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 24.12-2009 -- 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 -- Pending Litigation and Financial Matters ITEM M: ADJOURNMENT C�M'�i73i�i�/11 ADOPTED AT THE COUNCILKENAI CITY OF DECEMBER 16, 2009 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. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). 2. Resolution No. 2009-70 -- Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. 3. Resolution No. 2009-71 -- Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. 4. Resolution No. 2009-72 -- Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library Expansion Project. 5. Resolution No. 2009-73 -- Approving the Facilities Management Agreement for the Kenai Visitors &, Cultural Center to the Kenai Convention a Visitors Bureau From January 1, 2010 to December 31, 2013. 6. Resolution No. 2009-74 -- Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade-2009 for the Total Amount of 29,881.94. 7. Resolution No. 2009-75 -- Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. 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. 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. Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. a. Substitute Ordinance No. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). 2. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009-68 for a second public hearing to be held at its December 16, 2009 meeting.) a. Substitute A, Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. b. Substitute B, Resolution No. 2009-68 -- Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri-Borough Commission. 3. Resolution No. 2009-70 -- Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the BIN Virus. 4. Resolution No. 2009-71 -- Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. 5. Resolution No. 2009-72 -- Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development. Bonds to the City of Kenai for Issuance to Fund the City s Library Expansion Project. 6. Resolution No. 2009-73 -- Approving the Facilities Management Agreement for the Kenai Visitors & Cultural Center to the Kenai Convention & Visitors Bureau From January 1, 2010 to December 31, 2013. 7. Resolution No. 2009-74 -- Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade-2009 for the Total Amount of 29, 881.94. 8. Resolution No. 2009-75 -- Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. 9. *Liquor License Renewal -- Country Liquor #1308/Package Store 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. AGENDA KENAI CITY COUNCIL —REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. aExnsxn KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENT 1. Brad Hibbard and Joe Gallagher, Homer Electric Association, Inc. (HEA) -- HEA Interconnection Guidelines. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2459-2009 -- Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. a. Substitute Ordinance No. 2459-2009 -- Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). 2. Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009-68 for a second public hearing to be held at its December 16, 2009 meeting.) a. Substitute A, Resolution No. 2009-68 -- Supporting the Alaska Coastal Communities Global Climate Change Compact. b. Substitute B, Resolution No. 2009-68 -- Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri-Borough Commission. 3. Resolution No. 2009-70 -- Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1 N1 Virus. 4. Resolution No. 2009-71 -- Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. 5. Resolution No. 2009-72 -- Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library Expansion Project. 6. Resolution No. 2009-73 -- Approving the Facilities Management Agreement for the Kenai Visitors & Cultural Center to the Kenai Convention & Visitors Bureau From January 1, 2010 to December 31, 2013. 7, Resolution No. 2009-74 -- Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade-2009 for the Total Amount of 29,881.94. 8. Resolution No. 2009-75 -- Approving an Application for a Staffing For Adequate Fire and Emergency Response (S,A.F.E.R.) Grant from the U.S. Department of Homeland Security. 9. *Liquor License Renewal -- Country Liquor #1308/Package Store ITEM F: UNFINISHED BUSINESS --None 1. 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. (Clerk's Note: At its December 2, 2009 meeting, the City Council referred the Extension of Construction Schedule to the Airport Commission for review and comment and requested the item be returned for Council consideration at its December 16, 2009 meeting.) ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2460-2009 -- Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program. 4. Approval -- Mutual Rescission of Lease/Arctic Barnabas Ministries, Inc. -- Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. 5. Discussion -- Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas, EXECUTIVE SESSION -- Pending Litigation and Financial Matters 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.ci.kenai.ak.us.