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2010-01-06 Council Packet
d MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING BATE: /4/2 /o Mayor/Council Clerk Senior Center Library (2) Fire Department V- Police Department Attorney Cit Manager Finance Airport Parks Recreation Student Rep. Hall Binder d Feltman /Floyd Kebschull /Carver Ogle Christine r Mellish Y. Schmidt (7" a�- K AGENDA DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell @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. MEI A 1 I(-L? I /f 1 s I fiT II '`r II II 1 IN 1111 1 III 1 li ©»e7 ©ate JOHNSON 3JOOIN I ELDRIDGE 1 MARQUIS 1 MOLLOY 1 BOYLE IPORTER SMALLEY 1 1 I(-L? 77/1 ivri I fiT II '`r II II s I 1 1 li 2 1 1 II 2 1111 II 1 4.0 02..&,re9 JOHNSON MOORE IMOORE I ELDRIDGE 1 MARQUIS 1 MOLLOY 1 BOYLE PORTER I SMALLEY NOSNHO( A 1 I(-L? I I 11 I 1 of s I 1 1 1 II 2 1111 1 4.0 02..&,re9 JOHNSON MOORE C 1 MARQUIS 11 1 BOYLE PORTER 11-6)' 1 9oow NOSNHOr' 1 ELDRIDGE sl(lbuvw 1 MOLLOY IBOYLE I PORTER SMALLEY A HMI b 11 I I s I 1 1 1 II 1111 1 4.0 02..&,re9 JOHNSON MOORE 1 ELDRIDGE 1 MARQUIS MOLLOY 1 BOYLE PORTER I SMALLEY A HMI 011 I ME 1 NOSN )RE 1 ELDRIDGE I MOLLOY I BOYLE 1PORTER SMALLEY as co C 2 O J J 0 2 w J 0 OJ W 0 d COUNCIL MEETING OF: ELDRIDGE TESTIMONY SIGN -IN SHEET I h 4a 1 1 j' V RI Q4 r. Y 7 78� Men A (e' ca. 1(03 P a rI s Yr c2 0 x 7'6 to-i I ,f (o4 Li B 1vo 7 y D 6 Ay i d ok) C, a.e_' 734-7— K., t1 t i r icS 7 )CcI6( i r r 1 i I J �l L 61O 1 0> 4 I /LPL yrao C-Att -e -0-4 TESTIMONY SIGN -IN SHEET ral e4 tY CC^ 0,k r 2 ADD TO: ADD TO: ADD TO: No changes. JANUARY 6, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET SUBSTITUTE: ITEM D -2, Resolution No. 2010 -01, the substitute. ADMINISTRATION ITEM D -3, Resolution No. 2010 -02 12/22/09 Commissioner Lloyd's letter to National Marine Fisheries Service requesting the comment period on the designation of critical habitat for Cook Inlet Beluga Whales be extended and a hearing be held in the Kenai Peninsula Borough. ADMINISTRATION ITEM G -2, Purchase Orders Exceeding $15,000 Increase of existing purchase order Nelson Associates ADMINISTRATION ITEM G -5, Discussion /Council Liaison Commission/ Committee Appointments Communication from Kenai Convention Visitors Bureau, Inc. CONSENT AGENDA REQUESTED BY: CLERK ITEM A: CALL TO ORDER AGENDA ITEM B: ITEM C: ITEM D: KENAI CITY COUNCIL REGULAR MEETING JANUARY 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.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. SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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 2. Resolution No. 2010 -01 Approving a Contract to for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of 3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to Extend the Comment Period Regarding the Proposed Rule Designating Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and Request a Public Hearing be Held in Kenai, Alaska ITEM E: MINUTES 1. *Regular Meeting of December 16, 2009 8 ITEM F: UNFINISHED BUSINESS 1. Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals 31 (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the previous postponement to January 6, 2010.) 2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted, amended and passed Resolution No. 2009 -68. Subsequently, a motion for reconsideration was made and passed. The resolution is now before the Council in exactly the same condition it was in before taking the vote on the resolution as amended. The resolution is open to debate and amendment. Because the public hearing was held and closed, there is no further public comment or hearing.) ITEM G: NEW BUSINESS Bills to be Ratified 47 1. 2. Approval of Purchase Orders Exceeding 3. 15,000 *Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by 534,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study 4. Approval Commission /Committee Term Reappointments 52 5. Discussion Council Liaison Commission /Committee Appointments 6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease 77 ITEM H: COMMISSION /COMMITTEE REPORTS 43 48 1. Council on Aging 84 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM 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. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 6, 2010 Page No. 1. 1/6/2010 Purchase Orders Between $2,500 and $15,000 for council review 88 2. Budget Transfer in Capital Projects in excess of 5,000 89 3. 12/29/2009 S. Walden communication related to Incident Command Training /Alaska Shield Earthquake Exercise 90 4. Alaskan Wind Industries Packet of Information 94 CITY OF KENAI ORDINANCE NO. 2460 -2009 Suggested by; Administration 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 million 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 $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: 7, ,6 2 PAT PORTER, MAYOR Introduced: December 16, 2009 Adopted: January 6, 2010 Effective: January 6, 2010 e KENA� SKA To: Rick. Koch, City Manager k. From: Terry Eubank, Finance Director Date: December 9, 2009 Re: Ordinance 2460 -2009 V ilaye with a Past, Ct y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 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 House 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. BIDDER Base Bid Add alt #1 Add Alt #2 Add Alt #3 Add Alt #4 TOTAL and, CITY OF KENAI RESOLUTION NO. 2010 -01 WHEREAS, the following bids were received on December 30, 2009: Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO FOR THE PROJECT ENTITLED BRIDGE ACCESS WATER AND SEWER 2009 FOR THE TOTAL AMOUNT OF WHEREAS, 's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to for the total cost of and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Bridge Access Water and Sewer 2009 be awarded to for the total amount of COUNCIL OF PASSED nY THE OUN CI THE CITY OF KENAI, ALASKA, +his sixth day of PASSED 4V Vt January, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] 4 the of KENAA ALASKA Rick, "Villaye with a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1 111 l l MEMO NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: December 30, 2009 SUBJECT: AWARD OF CONTRACT; BRIDGE ACCESS WATER AND SEWER 2009 This project will extend sewer and water service along Bridge Access Road from approximately Tern Avenue to Beaver loop by installing 4,150 feet of water main, 4900 feet of gravity sewer main, 1600 feet of pressure sewer main and a lift station. This project is funded by two loans administered by Alaska Department of Environmental Conservation's Alaska Drinking Water Fund and the Alaska Clean Water Fund; these loans are currently eligible for 90% forgiveness by utilization of the American Recovery and Reinvestment Act (ARRA) funds. Due to the utilization of the Federal ARRA funds, specific procurement and contract award requirements are required for the project. To fully comply with these requirements, this project will need to be awarded by the council no later that the January 6 meeting. However to meet notice requirements the bid day could not be scheduled prior to December 30 Due to the holiday packet schedule this resolution is presented in blank form. There will be a memo and completed resolution presented as a lay down at the January 6 packet meeting, requesting award of the contract to the lowest responsive bidder. 1992 he c# f KE AL ALASKA Rick, "Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 II I ME Rick Koch, City Manager UM TO: FROM: Kevin Lyon, Capital Projects Manager DATE: December 31, 2009 SUBJECT: AWARD OF CONTRACT; BRIDGE ACCESS WATER AND SEWER 2009 Attached is the completed resolution that was submitted in blank form due to the holiday packet schedule detailed in my previous memo dated December 30, 2009. On December 30 bids for the project were opened and seven bids were received. These bids have been reviewed and it has been determined that North Star Paving Construction was the lowest bidder. The bid documents were complete and responsive and sufficient funds are available to award all four additive alternates as listed below: Basic Bid for the water main begins at Tern Avenue Childs Avenue and includes crossing of Bridge Access Road with water main at Childs Avenue. The sewer main begins at Frontage Road and ends at Childs Avenue. Additive Alternate 1 extends the basic bid so the water main begins at Childs Avenue and ends at Beaver Loop. Additive Alternate 2- extends the basic bid so the sewer begins at Childs Avenue and ends at Beaver Loop. Additive Alternate 3 extends the basic bid so the sewer main crosses Bridge Access Road at Childs Avenue. Additive Alternate 4 extends the additive alternate one and two so the water and sewer main cross Bridge Access Road at Beaver Loop Road. The attached completed Resolution 2010 -01 recommends award of the contract to North Star Paving and Construction for the total cost of $3,218,000.80. 1992 CITY OF KENAI RESOLUTION NO. 2010 -02 Suggested by: Adminis atio A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESPECTFULLY REQUESTING THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE, TO EXTEND THE COMMENT PERIOD REGARDING THE PROPOSED RULE DESIGNATING CRITICAL HABITAT FOR COOK INLET BELUGA WHALE TO APRIL 30, 2010 AND REQUEST A PUBLIC HEARING BE HELD IN KENAI, ALASKA. WHEREAS, the proposed rule was published on December 2, 2009; and, WHEREAS, written comments and infolnlation regarding the proposed rule must be received by close of business on January 31, 2010; and, WHEREAS, December 2, 2009 to January 31, 2010 is a short time period to draft comments, especially given both the Christmas and New Year's holidays fell within the comment period; and, WHEREAS, the City of Kenai desires to work cooperatively with the National Marine Fisheries Service, and it will be difficult to submit complete, accurate, and useful comments by January 31, 2010; and, WHEREAS, requests for public hearings must be made in writing and received by January 16, 2010; and, 6 WHEREAS, the City of Kenai is home to, and supports, commercial fishing, fish processing, sport fishing, and the oil gas industry; and, WHEREAS, the City of Kenai's number one capital improvement priority is the Kenai River Bluff Stabilization Project at the mouth of the Kenai River; and, WHEREAS, each of these activities may be affected by the proposed rule designating critical habitat for Cook Inlet beluga whale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to respectfully request the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to extend the comment period regarding the proposed rule designating critical habitat for Cook Inlet beluga whale to April 30, 2010 and to request a public hearing be held in Kenai, Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of January, 2010. Resolution No. 2010 -02 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR SEME [US December 22, 2009 Dear Ms. Brix: Sincerely, Denby S. Lloyd Commissioner DEPARTMENT OF FISH AND GAME OFFICE OF THE COMMISSIONER Ms. Kaja Brix, Assistant Regional Administrator Protected Resources Division, Alaska Region National Marine Fisheries Service P.O. Box 21668 Juneau, AK 99802 -1668 SEAN PARNELL, GOVERNOR P.O. BOX 115526 JUNEAU, AK 99811 -5526 PHONE: (907) 465 -4100 FAX: (907) 465 -2332 The State of Alaska formally requests that the National Marine Fisheries Service (NMFS) schedule public hearings on the proposed regulations at 50 CFR Part 226 to designate critical habitat for beluga whales in Cook Inlet (74 FR 63080). The State requests that, at a minimum, hearings be held in the Municipality of Anchorage, the Matanuska Susitna Borough, and the Kenai Peninsula Borough. Given the remoteness of the west side of the Kenai Peninsula, we also request that a hearing be held in the Village of Tyonek. Because of the potential economic and social impacts from this proposed action, the NMFS has an obligation to hold hearings in affected communities. It is important that residents of these areas understand the proposed rule and its potential to affect them. It will also provide them an opportunity to comment on the proposal. We suggest these hearings be scheduled to avoid the holiday season, but as far in advance of the comment deadline as possible. To accommodate the public hearings, we also request the comment period be extended by 30 days. Given the likely level of impacts to the Cook Inlet region that such a designation could result in, we feel that an extension is warranted. This will allow people to be better informed in the development of their comments on the proposed rule. Thank you for your consideration of our request. Please contact Doug Vincent -Lang to advice us of your decision or if you have any questions. D -3 ITEM A; CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www ci. kenai, ak.0 s 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 noimal 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. 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. 8 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 H1N1 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 E: MINUTES 1. *Regular Meeting of December 2, 2009. ITEM F: UNFINISHED BUSINESS 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.) 9 ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 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. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Libraxy Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council 10 15,000 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No, 2412 -2009 is active.) EXECUTIVE SESSION Pending Litigation and Financial Matters ITEM M: ADJOURNMENT 11 Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. A quorum was present. A -3. MOTION: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.alc.us MAYOR PAT PORTER, PRESIDING ROLL, CALL The City Clerk took roll. Present were: Also present: Student Representative Maya Johnson AGENDA APPROVAL The following changes were requested: MINUTES ADD TO ITEM D -2, Resolution No. 2009 -68 12/15/09 email message from Bill Lois Nelson opposing Resolution No. 2009 -68 A 86B. 12/16/09 email message from Stephen W. Hansen, Tesoro Alaska Refinery opposing Resolution No. 2009 -68, Substitute A. ADD TO ITEM D -2(B), Resolution No. 2009 -68, Substitute B Council Member Molloy memorandum with attached Associated Press news report. MOVE: Resolution No. 2009 -71, Resolution No. 2009 -72, and Resolution No. 2009 -73 to be heard prior to Ordinance No. 2459 -2009. 12 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 2 Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Moore MOVED to remove Resolution No. 2009 -68, Substitute B fro the agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4, CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (REA) HEA Interconnection Guidelines. Brad Hibberd, 46883 Runners Avenue, Kalifornsky Beach Road Discussed and presented an update of the Homer Electric Association's alternate energy program, noting there were currently 25 alternative sites on the Peninsula, including solar and wind, and of the 25, 22 were Sustainable Natural Alternate Power (SNAP( program producers. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Bill Walker, Anchorage Mr. Walker introduced himself as a candidate for governor in the 2010 state election, noting his concerns of fiscal stability of the state and support of an all- Alaska gas line. 13 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 3 Heidi Chap, 37306 Cetacea Lane, Kenai Suggested the City consider initiating an energy conservation commission using the Haines Borough's commission as a. model with regard to emergency energy for the future. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -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. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009 -71 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public hearing, Michelle Martin, 11 Lantern Circle, Kenai Reported she was a member of the Board of Directors of the Kenai Peninsula Food Bank and thanked council for its support, both individually and as a council and encouraged support of the resolution. With no others wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -3. Resolution No. 2009 -70 Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H 1 N 1 Virus. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -70. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. 14 Smalley Yes Moore Yes Eldridge 1 Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 4 Doreen Lovett, 46335 Woodland Drive, Kenai Ms. Lovett noted she worked at the Kenai Public Health Center and thanked council for the resolution, thanked the Kenai Fire and Police Departments for their support, and urged its support of the resolution. With no one else wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -1. D -la. MOTION: Council Member Eldridge MOVED adoption of Ordinance No. 2459 -2009, the substitute and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. With no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. 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). 15 Smalley Yes Moore Yes Eldridge Yes Marquis Yes i Molloy Yes 1 Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 5 Council Member Smalley MOVED for adoption of Resolution No. 2009 -73 and Council Member Eldridge SECONDED the motion.. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Notation of typographical errors on page 99 and 100. Preference for more time for council to review the contract. Council should investigate and discuss the concept of a museum, operation of a museum, and preservation of artifacts. The approval of the annual visitors guide should include criteria for approval. Suggestion to discuss the responsibility of the museum, whether the city is declining responsibility of the care of the items, and receive a report from the city attorney to that regard. Belief the city was rnicromanaging. Notation that anything in the document could be revisited by either party. Belief the previous comments should be discussed, however the document was reviewed by both parties. Concern of charging fees of patrons to see the artifacts because of the fee to see the yearly art show. Suggestion the museum be separated from the art show. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -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.) The floor was opened to public hearing. 16 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 6 Senator Tom Wagoner, 440 Primrose Place, Kenai Senator Wagoner stated he served as the national chair of the Center for Legislation on Environment and Energy Research and spoke in opposition to the resolution. Wagoner cautioned to be careful of how cap and trade should be handled; he believed if the Compact would be put in place; and, he believed signing the Compact would be harmful to the Peninsula and the State. Don Erwin, 1603 Fathom Drive, Kenai Spoke in opposition to the resolution, rioting he believed the Compact would be disastrous to the State and needed further consideration. Bill Osborn, 423 Rogers Road, Kenai Stated he was concerned about cap and trade and was opposed to the resolution. Nan Parks, 5055 Nearly Level Avenue, Homer Parks explained he was a commercial fisherman and was a member of the Alaska Marine Council, related to ocean acidification and climate change; explained the Compact did not endorse any specific legislation which was being discussed currently; being a signor would give the ability to network and speak on issues that were concerns to everyone; and, spoke in support of the resolution. Tim Navarre, 608 Ponderosa, Kenai Spoke in opposition to the resolution, noting he believed the politics should be removed and science dictate, and suggested a letter be sent to the Kenai Peninsula Borough Assembly requesting it reconsider its action on the resolution. Rick Ross, 1505 Kittiwake, Kenai Spoke in opposition to the resolution, referring to his letter submitted and included in the packet and suggested Council adopt the Tri- Borough Report instead of the Compact; he believed the Compact a political document; and, the Tri- Borough Report supported alternate energy and energy-use goals. Mark Schrag, 312 Princess Lane, Kenai Spoke in support of the resolution, Substitute A. Jason Carroll, 52875 Home Road, Nikiski Explained he was representing the Kenai Chamber of Commerce Board of Directors that passed a resolution opposing Resolution No, 2009 -68 and noted, the Board believed the Compact would result in job losses in the community. Heidi Chay, 37306 Cetacea Lane, Kenai Referred to information she had read related to United States businesses who were calling for carbon reduction; noted local businesses taking action; and, supported Resolution No. 2009 -68, Substitute A and the Tri- Borough Report. 17 Smalley Yes Moore No Eldridge Boyle No Yes Marquis Yes Molloy Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 7 Michelle Martin., 311 Lantern Circle, Kenai Spoke in support of the resolution, Substitute A, stating she felt there were real benefits to the other coastal communities who had signed on to the Compact; felt signing on to the Compact would be symbolic and practical; and, did not believe the Compact would lessen the need for industry. Kate Veh, 34506 Commerce Street, Soldotna Stated she was concerned about climate change; spoke to 150 community members and heard only two comments disagreeing there was climate change; and, supported the resolution, Substitute A. Stephen Hansen, Refinery Manager, Tesoro Alaska, 401138 Sutherlin Road, Soldotna Stated he believed the Compact was broad and vague; was aware legislation was coming; did not believe the Compact would be good for the community or State; and, was opposed to the resolution and the substitutes. Clerk Freas read into the record comments received from: Milton Allen, Project Manager, Udelhoven Oilfield System Services, Inc. comments opposing Resolution No. 2009 -68 Laura Sievert comments supporting Resolution No. 2009 -68 an Lois Nelson, 209 Susienana Lane, Kenai comments opposing Resolution No. 2009 -68. With no one else wishing to speak, the public hearing was closed, D -2a. Substitute A, Resolution TTn. 2n09 6R Supporting t ei k n Coastal the Alaska .,oas,� Communities Global Climate Change Compact. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2009 -68 by substituting with Resolution No. 2009 -68, Substitute A. Council. Member Marquis SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: Yes MOTION PASSED Council discussion followed with comments including: 18 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 8 Support of the resolution, referencing items of commitment from the Compact; reference to differences between the original resolution and the substitute; the Compact did not endorse any cap and trade legislation; and it was important for the City of Kenai to be involved with other coastal communities. Opposition to the resolution, as the Compact was a political statement, not scientific, the economy depended on resource energy, and agreed there was a need to research renewable energies. Opposition to the resolution, noting it was a not a consensus of scientists related to global warming and the City could still network with other signatories of the Compact. Support of the resolution, noting the Council would not be voting on legislation in Washington, DC or endorsing cap and trade legislation; recognizes problems and looks for responsible solutions, and believed it was necessary to begin at the local level. The Kenai Peninsula Borough resolution was passed with approval of the consent agenda. Support of the resolution, noting belief climate change did exist; this was a time issue; the City needed to lead; and, the Compact did not want to put industry out of business. Opposition to the resolution; felt the issue was out of the Council's league as they were not scientists; felt Council's passage of the resolution would be insulting to industry; felt signing the Compact would adversely affect the City of Kenai and the oil and gas industry; did not see the urgency of passing the resolution; and, constituents who made contact, spoke in opposition to the Compact. Support of the resolution, noting belief it would not he insulting to the industries; it was the responsibility of Council to vote on the resolution; there were issues with acidification and it was Council's responsibility to act; and, had faith industry would deal with the concerns. BREAK TAKEN: 9:15 P.M. BACK TO ORDER: 9:25 P.M. MOTION TO POSTPONE: Council Member Moore MOVED to postpone Resolution No. 2009 -68 for 90 days. Council Member Eldridge SECONDED the motion. Comments with regard to postponing included: Not in support of postponement as it was a sensitive issue and needed to move forward. Suggestion to hold a work session or schedule presentations from industry to comment on legislation for council's knowledge and consideration. Support of several to hold a work session. 19 Smalley No Moore Yes Eldridge Yes Marquis No Molloy No LBoyie No Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes No Molloy Yes Bovle Yes Porter KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 9 VOTE ON POSTPONEMENT: *Student Representative Johnson: No MOTION FAILED. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2009 -68 by inserting "and the State of Alaska Energy Policy as proposed by the Tri- Borough Commission" after Compact in the title paragraph. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO AMEND: Council Member Smalley MOVED to amend by inserting the following 'whereas' paragraphs after the eighth 'whereas' paragraph: "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: promote the development of nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; 20 Smalley Yes Yes Moore Molloy Yes Yes Eldridge Boyle No Yes Marquis Porter No KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 10 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," Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED. A motion to amend the "now therefore" paragraph was proposed but was not seconded. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2009 -68 by inserting "the City of Kenai supports the goals and objectives of the Alaska Coastal Communities Global Climate change Compact and supports the State of Alaska Energy Policy as proposed by the Tri- Borough Commission" to the "Now, Therefore" paragraph, after "Alaska Coastal Communities Global Climate Change Compact." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes 21 Smalley Yes Moore Yes Eldridge Boyle Yes No Marquis No Molloy No Porter Yes j Porter l Smalley 1 Yes Moore ;Yes Eldridge No Marquis 1 Yes Molloy Yes Boyle Yes j Porter 1 No KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 11 1 Smalley j Yes Marquis Yes Porter No MOTION PASSED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO RECONSIDER: Council Member Smalley MOVED for reconsideration of Resolution No. 2009 -68 as amended, to be reconsidered at the next council meeting. Council Member Moore SECONDED the motion. A brief recess was taken to confer with City Attorney Stearns related to correct parliamentary procedure with regard to the motion to reconsider. VOTE ON MOTION TO RECONSIDER: *Student Representative Johnson: No MOTION PASSED. D -2b. 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. Removed from the agenda. Moore No Eldridge No Molloy Yes Boyle Yes 22 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 12 D -3. Resolution. No. 2009 -70 Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. Heard prior to D -1. D -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 Banks Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. Heard prior to D -1. D -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. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -72 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion, The floor was opened to public hearing. Bob Peters, Old Town, Kenai Spoke in support of the resolution. There being no one else wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -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. Heard prior to D -1. D -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. 23 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 13 MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -74 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D-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. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -75 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -9. *Liquor License Renewal Country Liquor #1308/Package Store Approved by consent agenda. ITEM E: MINUTES E-1. *Regular Meeting of December 2, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS 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. 24 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 14 (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 .76, 2009 meeting.) City Manager Koch requested extension of the postponement due the Airport Commission's recommendation to treat the am.endments as a new lease and he agreed with that recommendation. Koch reported he would discuss the issue with the applicant and would bring a new lease to council for consideration at its next meeting. ITEM G: 0-1. MOTION: NEW BUSINESS Ratification of Bills Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 None. G -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 Introduced by approval of the consent agenda. G -4. Approval Mutual Rescission of Lease /Arctic Barnabas Ministries, Inc. Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. MOTION: Council Member Eldridge MOVED for approval of the mutual rescission of lease with Arctic Barnabas Ministries, Inc., Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. Administration confirmed the lessee was current with landing fees. 25 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 15 VOTE: There were no objections. SO ORDERED. G -5. Discussion Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas. City Manager Koch explained that if council wished for administration to investigate an annexation of the area suggested by Council Member Eldridge, it would be in depth, would include several hundred hours of work or the hiring of a consultant to prepare a study, which would be brought back to council for review and consideration. Koch added, he had not received any requests to be annexed from residents in the areas delineated on the map. Eldridge noted he had received comments from residents in the area to be annexed, reviewed infouiiation in the packet, and added he believed it was time to discuss and investigate annexing some of the area delineated or all of it. He suggested administration be directed to investigate the issue, but not do a financial analysis, but a report from departments that would be affected and report back to council. A suggestion was made to do an informal poll of residents, i e a mail -out poll with self addressed envelopes. There was no support from council to move forward with any annexation study. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on .Aging Council Member Molloy reviewed actions and discussions held at the December 10, 2009 meeting and noted the letter of commendation included with the Infoiniation Items in the council meeting packet. 11-2. Airport Commission Council Member Moore reported on actions and discussions held at the December 10, 2009 meeting. Mayor Porter noted the application of Randy Rogers included in the packet and explained the FAA position on the Commission had been vacated. Porter appointed, with the approval of council, Randy Rogers to the Airport Commission. H -3. Harbor Commission Council Member Smalley reviewed the December 7, 2009 meeting summary included in the packet. Smalley noted the next meeting would be held January 11, 2010. 11-4. Library Commission Council Member Marquis reported the next meeting would be held January 5, 2010. 26 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 16 H -5. Parks Recreation Commission Council Member Moore reported the next meeting would be held January 7, 2010. H -6. Planning Zoning Commission Council Member Eldridge reviewed the December 9, 2009 meeting minutes which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported he would travel to Washington, DC in February as a member of the AML Board of Directors. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting would be held January 5, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Presented oxygen masks for animals to Fire Chief Tilly. Attended the Library 's `Breakfast with Santa" fundraiser. Presented hats and gift cards to council to 'pay forward' to others. Wished all happy holidays. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: He was reading the critical habitat for beluga whales and discussing the issue with NOAA. If NOAA did not respond, he would prepare a resolution for the January 6, 2010 meeting requesting NOAA to extend the comment period. Had received a suggested sketch for a podium design from Clerk Freas and would follow through in the near future. J -2. Attorney No report. J -3. City Clerk Clerk Freas reported the following: The public information search had been launched and was available to the public on the city's website. 27 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 17 Freas was requested to research the use of paid postage envelopes for absentee by- mail voting, as well as the number of signatures needed for certification of by -mail envelopes. Porter suggested charging public for council packets. There was no support of Council to charge for copies. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Lane, Kenai Noted he read Anchorage had been excepted from the beluga whale critical habitat area and suggested the City should encourage Anchorage be held to the same standards of others and noted Shell Oil stated the climate change debate was over. Bob Peters, 01d Town, Kenai Discussed public's ability to request copies of the council meeting packets; stated he believed the identification of the critical habit of beluga whales would have more impact to the coastal climate change of Kenai; and, asked when the City of Kenai would be recognized as a member of the Compact (answer was when the resolution was passed). K -2. Council Porter Reported Student Representative Johnson had been accepted at Dartmouth. Boyle Requested an opinion from City Attorney Stearns of the responsibilities of care of museum pieces, values, etc. Thanked Porter for the pay forward gift. Molloy Thanked Porter for the gift card, Council Member Eldridge for attending the Planning Zoning Commission meeting for him, and congratulated Johnson on her acceptance. Smalley Thanked the audience for the public comments, wished all happy holidays, thanked Porter for the gift card, and congratulated Johnson. Moore Wished all a Merry Christmas and thanked Porter for the gift card. Eldridge Thanked the audience for the comments, congratulated Johnson, and wished all Merry Christmas Johnson Thanked Porter for the gift card, reported $22,000 had been raised for the recent fundraiser, and wished all happy holidays. 28 Smalley r Yes Moore Yes Eldridge I Yes Marquis Yes Molloy i Yes j Boyle Yes Porter j Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 18 Marquis Thanked Porter for the gift card and congratulated. Johnson. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Pending Litigation and Financial Matters MOTION: Council Member Boyle MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters related to pending litigation and financial matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Boyle requested Attorney Stearns and City Manager Koch to attend. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION CONVENED: 10:44 P.M. BACK TO ORDER: 10:55 P.M. Council Member Boyle reported the Council met in executive session and gave direction to City Attorney Stearns and City Manager Koch to move forward with some issues dealt with in the executive session. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 10:56 p.m. 29 KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 19 Minutes submitted by: Carol L. Freas, City Clerk *The student may case advisory notes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. 30 fhe ad/ of KENAv ALASKA MEM laye with a Past, Cc 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 p (1 0: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: December 29, 2009 SUBJECT: New Lease Lot 14, Block 1, Cook Inlet Industrial Air Park Dave Schilling and Michael Schilling, d /b /a Schilling Rentals have been contacted regarding the status of the request for an extension of the construction completion date in the development schedule for the above referenced property. A Lease Application Form and Instructions as well as a copy of Title 21 with regard to the leasing of Airport Land outside of the Airport Reserve were also provided. with a Future 'II1I•I 1992 Since the lease was entered into December 4, 2004, changes to the City code have increased the rental rate that would be applicable under any new lease, as opposed to an extension of an existing lease. In general, lease rates increased from 6% to 8% of fair market value since 2004, and the higher rental rate would be applicable under any new lease. In addition, an applicant would be required to pay a $4,000 good faith deposit to be applied to the City's engineering, appraisal, and consulting costs related to the processing of the application and entering into the lease. Any unused balance of a deposit would be applied to rent payable under the lease. Based on the new information provided, the lessee will need additional time to review the application materials to determine whether or not to submit an application for the referenced property at this time. the 4, of KENAI, ALASKA MEMO: 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: 'Village with a Past, a w a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -30 Illir 1992 /4C171734%-et Ao 4470/7 alrn/ /PPM y a COUNC. o ..e vII L ease Construct Dead 12/9/06 12/9/04 Amendment #1- Extend Construction Deadline 8/7/06 to 12/9/07 Amendment #2- Extend Construction Deadline 5/8/08 to 12/31/09 Amendment #3 -Lease Rate Renegotiation 5/29/09 The present lease rate is $9,600 per year, the lease is for a 55 -year term, and the size of the parcel is 52,500 s.f., or 1.21 acres. The lessee is current in all lease payments. The following are attached for your information: 1. A letter from Mr. Schilling to the City dated March 31, 2008 describing the proposed development. cc: Mary Bondurant, Airport Manager David Michael Schilling d/b /a Schilling Rentals 2. A letter from lessee David Schilling requesting a one -year extension of the construction completion date for the above referenced leased properties. 3. A vicinity map The City has not been approached by other interested parties in regards to this property. If the City Council agrees to extend the construction completion date for the referenced property to December 31, 2010, the attached Amendment to Lease would be executed. Attachments 33 NOV 19 ,2009 Dear Sirs: re: Lot 14, Block 1, Cook Inlet Industrial Air Park (Plat #k -1448) Lease 2150.01 Enclosed please find a $100, 00 filing fee for this lease and we ask that the $2000.00 appraisal cost recovery deposit and the $2000.00 engineering, surveying and consulting cost be waived as this does not apply as we are requesting an extension on this lease. Thank You Dave Schilling Schilling Rentals 47 Spur View Dr Kenai, Ak 283 -3660 34 March 31, 2008 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Re: Amended Lease for Lot 14, Block 1, Cook Inlet Industrial Airpark Subdivision Attn: Mrs. Kim Howard Dear Mrs. 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 Landscaping Plan Item E Drainage Snow Storage f� 47 Spur View Dr Kenai, Alaska 99611 907- 283 -3660 Very little clearing will be needed as this property was fully site graded by the city after testing was completed in late 1996. There are a row of trees along the north boundary of the property. We intend to retain as many of these trees as possible during construction. Please see the landscaping plan submitted with the original lease application. We will make our lot conform esthetically with the courthouse parking area on Lot 13. 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 snow storage lot across Trading Bay Drive that can be utilized if needed. Snow will be transported to this lot via loader to minimize impact to city streets. 35 1111111 III►I 1111111111 60 8 2008 -005065 0 Zoning Comprehensive Pion The proposed development appears to meet the goals set out in the City's Comprehensive Plan dated Nov 5, 2003. 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 (CG). If you have any additional needs or have questions regarding this letter or our Development Plan please feel free to contact my office at 283 -3660. DLS /mik Very truly yours, David Schilling, Partner SCHILLING RENTALS 36 plop 2008 -005065-0 i- van -zv x<>- 37 4 .q ^u. E 0 it V J OZ 2 0 t o t z z w W K J o u 0 0 'J J V III IIIIIIIIIIIII IIIIIIIIIIIIIII 8 o 8 2008.005065 -0 J Lot 14, Block 1 Cook Inlet Industrial Air Park Subdivision 38 November 24, 2009 AMENDMENT TO LEASE That certain lease dated December 9, 2004 and recorded at Book 2004 012817 -0, between the CITY OF KENAI and DAVID SCHILLING AND MICHAEL SCHILLING d/b /a SCHILLING RENTALS, whose address is 47 Spur View Drive, Kenai, Alaska 99611, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska: Lot 14, Block 1, Cook Inlet Indusliial Air Park, according to Plat No. K -1448 is hereby amended to reflect that the.completion date of construction is hereby extended to December 31, 2010. AMENDMENT TO LEASE PAGE LESSOR: 39 CITY OF KENAI By LESSEE: Rick R. Koch City Manager SCHILLING RENTALS By: David Schilling Approved as to form: ICrista S. Steams, City Attorney STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss By: Michael Schilling 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. AMENDMENT TO LEASE PAGE 2 OF 3 Notary Public for Alaska My Commission Expires: 40 STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. 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 City. Return to City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 AMENDMENT TO LEASE PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: 41 enai Municipal Airport Memo t6 www.ci. kenai. ak. us. the/Greater Kenai: Pevu maize 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907 -283 -7959 FAX 907 2633737 42 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 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. °"tq CITY OF KENAI KENAI. SKd RESOLUTION NO. 2009 -68 Sponsored by: Council Member Molloy A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING 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, 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 43 Resolution No. 2009 -68 Page 2 of 4 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 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: and, 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; 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 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, 44 Resolution No. 2009 -68 Page 3 of 4 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, 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 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 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 supports the State of Alaska Energy Policy as proposed by the Tri- Borough Commission and hereby adds its name as a signatory to the Compact. 45 Resolution No. 2009 -68 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this sixth day of January, 2010. ATTEST: Carol Freas, City Clerk 46 PAT PORTER, MAYOR U z 0 0 U W a w z a U ct S o z Z o Q 0 O fie 0 w Z O w N L Z W 0 0. 0 i F z 0 z z O U U z 0 d 0 U 0) w w I H rl H CO D D 47 1— z 0 z 0 a 0 O z z J O 0 a d J z 0 0 U 0 W Z S U o S N 0 O O O Er a Z d} Q W O u. co O 0 0 Z M- W O w w 2 U J 4 2 0 O 0 d U z 0 a z 0 U Q a w 0 ce O 0 Z W ti 0 0 0 c0 CO CO 0 the c# of KENAI. ALASKA "Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 mss! Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 tILIIi 1992 @N. TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: December 31, 2009 Rick, MEMO NDUM SUBJECT: Increase of Purchase Order amount for Inspection Services for the Bridge Access Water and Sewer Engineering Contract The purchase order 90429 to Wm. J. Nelson and Associates will need to be increased by $260,660.00. This amount is part of the original proposal dated April 28, 2009 that was entered into after the passage of Ordinance 2411 -2009 on May 20, 2009. This will bring the purchase order total to $417,634.00. This was not awarded previously, as work required was only necessary after a successful project award. The award of this section of the proposal was scheduled for the January 20"' meeting following the successful award of the construction contract at the January 6` council meeting; however, the council approval will need to occur at the January 6 meeting to meet the deadline imposed by ADEC of January 18. The city was notified of this requirement to be under contract for this work at 5:13 PM on December 30` ADEC considers this engineering contract to be under the "construction" category and therefore must meet the construction contract deadline of January 18 as required for the American Recovery and Reinvestment Act funding for this project. This memo requests approval of this increase to occur prior to the deadline, keeping this expenditure eligible for reimbursement. arc ciy of KENA ALASKA ORDINANCE NO. 2461 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $34,000 IN THE WATER AND SEWER FUND FOR THE PERFORMANCE OF A UTILITY RATE STUDY. WHEREAS, the City last conducted a Utility Rate Study in 2003; and, WHEREAS, the Alaska Department of Environmental Conservation recommends utility rate studies at least every five years and provides additional points in the municipal matching grant program application evaluation for entities with current rate studies; and, WHEREAS, based upon budgeted cost, the cost of water service significantly exceeds the revenue generated through current user rates; and, WHEREAS, it is in the best interest of the utility that the rate for utility service reflect the cost for providing the service. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $34,000 Increase Appropriations: Water Professional Services $17,000 Sewer Professional Services 17,000 $34 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of January, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] 48 Suggested by: Administration Introduced: January 6, 2010 Adopted: January 20, 2010 Effective: January 20, 2010 MEMO: TO: City Council FROM: Rick Koch DATE: December 29, 2009 SUBJECT: Ordinance 2461 -2010, Funding for Utility Rate Study The purpose of this correspondence is to recommend your approval of the above referenced ordinance, While preparing the applications for the ADWF and ACWF loan programs it was necessary to calculate the performance of the City of Kenai's water utility and sewer utility separately. The 2010 Water Sewer Fund Operating budget shows anticipated revenues over expenses of $50,123. My analysis which calculated the financial performance of the individual water and sewer utilities showed that in FY 2010 the water utility will operate at an anticipated deficit of 5101,104, and the sewer utility will operate at an anticipated surplus of 5151,226. The City has not conducted a utility rate study since 2003, and ADEC recommends that a study be performed every five years. The water and sewer utilities have absorbed significant operating cost increases since the last increase in user fees approximately five years ago. A new rate study will provide the following information: "Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 w Telephone: 907 -283 -7535 FAX: 907- 283 -3014 III, 1. Determine if expense revenue allocations are accurate 2, If existing rates are sufficient to provide for: a. systems obsolescence b. anticipated capital expenditures c. future systems operation costs 3. Proposed future rate structure (if appropriate) Attached find the summary financial performance for the water and sewer utilities as contained in the FY 2010 budget. 1992 CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? N/A What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond sale. Date: Rating: Amount: Please provide the following information regarding your current annual water utilities budget. Operating revenues: 52 Operating expenses: 1,212 222 ,311,220 AnniiiFdebt service: 0 User fe' TOTAL Revenues: Na g CURRENT CLEAN WATER FINANCING ,363,448 I certify the above information is correct and current. Rick Koch ACWP Form 02 Pagu2 of 2 7/01 ther non operating expenses: 50 0 TOTAL Expenses: 1,212,222 Reserves: 1,017,145 USER FEES If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the collection of user fees Current fee structure Pertinent portions of your budget documents Most recent State single audit. Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users:. Number of proposed residential and commercial users How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees. City Manager Title September 8, 2009 Date S.edw er CURRENT DEBT INFORMATION Does your community have a debt ceiling? If so, what is it? N/A How much remains available? NIA What is your current level of bonded indebtedness? 0 Please indicate the date, rating and amount of your last bond sale. Date: Rating: Amount User fees collected: CURRENT DRINKING WATER FINANCING Please provide the following information regarding your current annual water utilities budget. Operating revenues: 52 22 8 Operating expenses: 617,892 u. .e•tservice: her non operating expenses: 0 TOTAL Expenses: 617, 892 Reserves: 1,017,145 USER FEES If User Fees are intended to repay any portion of this loan, please submit: Existing ordinance that authorizes the.collection of user fee Current fee structure Pertinent portions of your budget documents Most recent State single audit Most recent rate study or rate analysis Also, please complete the following: Number of existing residential and commercial users: Number of proposed residential and commercial users. How much will this loan repayment increase user fees? For example, how much will the average residential users monthly fee increase? This loan will not increase user fees I certify the above information is correct and current. Rick Koch Name vV\ ADW F Form 02 7/97 Title e Date Page 2 51 City Manager September 8, 2009 WANT TO CONTINUE TERMS Library Commission NO RESPONSE Kathy Heus Resigned OTHERS ON FILE 1 Blaine Gilman (05) Jonathon Sanchez (03) Parks Recreation Commission Todd Wortham No response Kim McDonald No response Gary Oliver (08) Harbor Commission Bill Osborn Alan Poynor Resigned Magdalano Dominguez (09) Mark Cialek (02) Beautification Committee Tricia Canady Marilyn Dimmick No response Leah Stanford No response Airport Commission James V. Zirul Henry Knackstedt James Bielefeld Magdalano Dominguez (09) Chris Hayes (08) Cindi Parsons (05) John Parker (05) John Mellish (03) Council on Aging Lois Mae Nelson Richard Jurgensen Resigned Velda Geller No response Planning Zoning Commission Phil Bryson Roy Wells No response Tim Wisniewski (08) Tim Navarre (09) Ile uty o f t KEN ALASKA 1/ Village with a Past, Gc with a Future" Mayor and Council Members MEMO NDUM TO: nn(n FROM: Carol L. Freas, City Clerk C aS�' DATE: December 18, 2009 RE: COMMISSION /COMMITTEE TERM RENEWALS 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.el,kenal.ak.us Following are the members of city commissions, committees, and boards who have terms ending in January, 2010. All these members were sent a letter requesting they complete an application foiui as requested by council (2006). Those who have submitted their application are listed as "Want to continue terns." Attached for your information are the attendance records for 2009 meetings, along with the applications for reappointment. Does Council wish to renew appointments or make new appointments of the above persons to the Commissions /Committee? What action does Council wish to take wit§ltose who did not respond? Carol Freas From: Cliff Kathy jheus- 2 @ak.netj Sent: Monday, November 30, 2009 4:35 PM To: Carol Freas Cc: Mary Jo. Joiner Subject: library commission As my term is up in January, I will not be applying to renew. I have been a member since the commission was created and have enjoyed serving on it. However it is time for someone else to have the opportunity. If I need to do more than send this email, please let me know. Sincerely, Kathy Heus 1 53 the of KENAI A1AS KA November 9, 2009 Todd Worthatn Darks Recreation Commission P.O. Box 1284 Kenai, AK 99611 RE: COMMISSION/COMMITTEE TERM REAPPOINTMENT Dear Commissioner Wortham: Your term on the Parks Recreation Commission ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Commission for another three year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfrea a,ci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk clf cc: Parks Recreation Director Bob Prates "Tillage with a Past, Gay with a Fisttsre" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us 54 /a /r /c9 /1/ore-rveye the CL v of KENAIALASKA November 9, 2009 Kim McDonald Parks Recreation Commission 51380 Biscayne Drive Kenai, AK 99611 RE: COMMISSION/COMMITTEE TERM REAPPOINTMENT Dear Commissioner McDonald: CITY OF KENAI Carol L. Freas City Clerk clf cc: Parks Recreation Director Bob Frates Village with a Past a with a Future" 55 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us r/09 e 44 A s55 Your term on the Parks Recreation Commission ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Commission for another three year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreasnci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! the ay °f KEKALALASKA V (\J AM_: I N F. F e;. DATE Resident of the City of Kenai? Residence Address CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS How long? RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 RECEIVED NOV 1 7 2009 HONE: 283-7535, EXT. 231 KENAI cay CLERK FAX: 283-5068 Mailing Address /9 l Home Telephone No...2(4? Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? Pi/ v A /,t C.I A1) if to EMPLOYER 1r. Job Title NAME OF SPOUSE: Current membership in organizations: r- COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: A./ A/ C d s0 Past organizational memberships: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? the ALASKA November 9, 2009 Alan E Poynor Harbor Commission 4560 Wolfe Street Kenai, AK 99611 RE: COMMISSION /COMMITTEE TERM REAPPOINTMENT Dear Commissioner Poynor: Your term on the Harbor Commission ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Commission for another three -year teuli. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your A will r desi iC for contact information aarid iu �.vc uo iiG lice of yVlyou,. UGA'l 1V3 teappClirti:tl3enl. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreas(aci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk clf cc: Bob Frates, Parks Recreation Director Village with a Past, Gi y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us 57 flee city u f' KENAALASKA November 9, 2009 Marilyn Dimmick Beautification Committee 1113 Walnut Avenue Kenai, AK 99611 RE: COMMISSION /COMMITTEE REAPPOINTMENT Dear Committee Member Dimmick: Your term on the Beautification Committee ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Committee for another three year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to rne. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreasnci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk clf cc: Parks Recreation Director Frates Villaye with a Past, Gity with a Futwi 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us 58 42// DATE: th« ryaj NE AL LALLASKA 1 NAME: 1 C t4 C rod Resident of the City of Kenai? \irj CITY OF KENAI "linage with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS How long? 1 1 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AR 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 Residence Address i 517 7 r) r) +51.Vvi Mailing Address ?o 'DOA- 2.S 7 1<Uok- Home Telephone No 7,- S 1 0 Herne-Ea Business Telephone No Business Fax No. Email Address: Fr {CPr.,gi u %(5 aI i SJU net" May we include your contact information on our web page? ALL If not all, what information may we include? r) EMPLOYER �J ((��4 �II Sob Title T4 NAME OF SPOUSE- &UJ C&j nrrent membership in organizations: Past organizational memberships: ES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTED:? l i r) J' tw\vol ue,4 ?(✓2,,, /.Unsi i rr,YJ f 31 A YIP aa6 bui -rcu w 1rm., WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? r frl 59 Me ct of KENAI, ALASKA November 9, 2009 Leah Stanford Beautification Committee 430 Rogers Road Kenai, AIt 99611 RE: COMMISSION/COMMITTEE TERM REAPPOINTMENT Dear Committee Member Stanford: Your term on the Beautification Committee ends in January, 2009. This letter is written to inquire if you want to be reappointed to the Committee for another three year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreasr<uci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk clf cc: Parks Recreation Director Frates V2Uaye with a Past Gay with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us 60 /e5 /Palk DATE: NAME: EMPLOYER: CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA TES FOR APPOINTMENT COMMITTEES AND D MMISSIONS tAe my of NENALALASKA RETURN TO: NO v 2 ZQOg KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 I 2 /V 9 1/6- T' xAti Lie SYe D T Resident of the City of Kenai? f How long? Residence Address �J Ca 8 34 -4 De 1 t' NAME OF SPOUSE: Mailing Address et, C Home Telephone No.2 Home Fax No. Business Telephone No 6=2-2o 2-1 Business Fax No. Email Address: '4cat'Saf©ra/-/a cc 4x c May we include your contact information on our web pagCALI) If not all, what information may we include? <3 4/CC r Current membership in organizations. C A P PHONE: 283 7535, EXT. 231 FAX: 283 -5068 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Pc A-a- 'i WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Job Title R ©.S f 6•41ett Past organizational memberships: WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Mafling Address 27-c r- Vr•tiA7 O- Home Fax No. NAME OF SPOUSE: 0 r" JA-- ve— jr v "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS R ECEIVED DEC 0 3 P009 CITY R 1 DATE: /r ,iLi C 1 NAME: Resident of the City of Kenai? How long. Residence Address `f )1 '7 7 f- z L Business Fax No. V? y-Li May we include your contact information o include'? !ctt,rve.s� S -V" t EMPLOYER: c h ›,-°—t G-- CITY OF KEN AI Current membership in organizations; ti y,, a r ..p itr`s, ch, J!' 11�SK..n rw�^?r rn Home Telephone No. 9f17 -93—S c Business Telephone No 961'7 '3 c5^o ri Email Address: J7- ir..J r. S. re, I lAr- eh our web page? ALL C If not all, what information may we Job Title PHONE; 283 -7535, EXT. 231 FAX: 283 -5068 Past organizational memberships: COMMITT OR COMMISSIONS IN WHICH YOU ARE INTERESTED; '4prY /r, a7. c, WIII° DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 3- zv RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI,AK 99611 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MFx7BERSHIP? '1 n,ti %rr'+ .a J"`.c'!'� o r -1 i L iC t4. 0• rj ,r f r Sao“ L. zoo/ ?00•d 9OOLo J ;vQnI pu t eso 'fg vinstTUe$ 9•e3LOe st:at eoorso a the cny KENAL, ALASKA RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 DATE: 12 U NAME: T —,—,r) L {j,e ie:{efcl Resident of the City of Kenai? v0 Residence Address 1'` `1""' 5 NAME OF SPOUSE: CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS ature 63 Mailing Address 0,0, BOX Lf L Ke r c Home Telephone No. 2 ec) 3/(4$ Horne Fax No. Business Telephone No 2_ E °1/2y Business Fax No. 2n- 5 Email Address: kcnc3 %nv May we include your contact information on our web page? ALL A If not all, what information may we include EMPLOYER: Ken el.; pi..- 4 w ,�we Job Title 1 re5 ra`'4- Korce.-- er Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR C OMMITTEE? S :.Jwk c< 'fie. 0, r a.•- i.,, r"(t, �-c.:� l.nv ct Sa r ca 4+. PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 How long? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Me a'Ly o f KENAI, ALASKA DATE: MJL' C3 /1, NAME: Resident of the City of Kenai? Residence Address„b9 a—cc-a-4 fl Q -n J 3 c'X. c?L J Mailing Address cc b J Rri n Home Fax No. Business Fax No. CITY OF KENAI "[tillage with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS R ECEIVED DEC 11 2009 KENAI CITY a Home Telephone No. 3 5/9 cf Business Telephone No Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: 1i e -T.rn -zc NAME OF SPOUSE: h-Le -e .t.&j dC COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: How long? RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 283 -7535, EXT. 231 FAX: 283-5068 Job Title C„ rent membership organizations: CIS c c, 5 P 1za 7J T/I !7 n u b K 6 5 o Past organizational memberships: C D O YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? ik WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? fi the of K NAL ALASKA November 9, 2009 Richard Jurgensen Council on Aging 351 Senior Court, #201 Kenai, AK 99611 RE: COUNCIL ON AGING TERM REAPPOINTMENT Dear Member Jurgensen: Your teuu on the Council on Aging ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Council for another three -year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by MONDAY, DECEMBER 15, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreas2)ci.kenai.alc.us. Thank you for the time and effort you have given thus far. We appreciate your continued. interest! CITY OF KENAI Carol L. Freas City Clerk Vi'ulaye with a Past, Gity with a Future" clf cc: Senior Director Rachael Craig 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us 65 RECEIVED L DEC 0 9 P009 NAI C.IT;` CLER a�of KENAI, ALASKA November 9, 2009 Velda Geller Council on Aging 1315 Fourth Avenue Kenai, AK 99611 RE: COUNCIL ON AGING TERM REAPPOINTMENT Dear Member Geller: Your term on the Council on Aging ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Council for another three -year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact infoiuiation and will give us notice of your desire for reappointment. If y ou are interested in reappointment, please return the completed Application to inc by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreas%ci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest) CITY OF KENAI Carol L. Freas City Clerk clf cc: Senior Director Rachael Craig 'Villa e with a Past, City with a Futgye" 66 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us /02/ f/ er/r5P Resident of the City of Kenai? Residence Address NAME OF SPOUSE: BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Ac-e Ian s- Mailing Address Home Fax No. Business Fax No !t r iS 4 h May we includ� conta formation include? nOlr l� p yQ Current membership in organizations: CITY OF KENAI "Village with a past City with a future." EMPLOYER: (a IF^CP® M A or E t_sati 'esoK COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Signature 67 How long? r RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 HONE: 283-7535, EXT. 231 FAX: 283 -5069 Home Tele.hone No. 7 -SS 4ktC Business Telephone No Email Address: on our web page? ALL If no Job Title Ot"..I IB- 3404 rpe.t. Past organizational memberships. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE M BERSHIP? a Elie a of KENAI, SKA November 9, 2009 Roy Wells Planning Zoning Commission 410 Lawton Drive Kenai, AK 99611 RE: COMMISSION/COMMITTEE TERM REAPPOINTMENT Dear Commissioner Wells Your term on the Planning Zoning Commission ends in January, 2010. This letter is written to inquire if you want to be reappointed to the Commission for another three year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by WEDNESDAY, DECEMBER 23, 2009. If you have any questions, please contact me at 283 -7535, extension 231 or email me at cfreas@ci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! CITY OF KENAI Carol L. Freas City Clerk clf cc: City Planner Marilyn Kebschull /1 V llaye with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ei.kenai.ak.us 68 /009 -tr 0/00/43& 2 2 U t fiSA z w w X U 2 0 44 m 0 a R1 4 k Q. 0 co a N F a 70 Q O a W W O W O rD Era I d MU d d d d d d d 1 d d v b// $76 ME rd I 041 I 1 I d d 1 d d I SEEM i ISM Ma re NM it f I a J I I gig, d I d d 6/c A M i r i r s be d COMMISSIONERS TOM THOMPSON 2IS.LSO3 MIVD 1 ALAN POYNOR BOB PETERS IRON[ IIHd DENNIS GREGORY BILL OSBORN I rD Era I 111 I 11 ME= MEE 1 1 MI Ell, 11111 0 U U z W C cA OW NF z 0 0 4w U V F d a U a II fr6% pity 0 I %9 d d11 1 d d d c% 1 d d d re/ L d 0' 6 d 1 1 d d [d 6 elf d 0 1 d d' d d d d d' d l 8 d d d d d sl Id d COMMISSIONERS JEFF TWAIT PHIL BRYSON SCOTT ROMAIN ROY WELLS KAREN KOESTER 1 JERRY BROOKMAN KURT ROGERS 75 cg 0 U OW OF fV 44 z Q 00 w 1 0 U z z O c8 CS z a a w w 0 a w z 0 O 76 From:KENAI VISITORS CULTURAL CNTR 907 283 2230 01/04/2010 13:06 Convention Visitors Bureau, Inc. To: Mayor Pat Porter and Kenai City Council Members From: Jacquie Steckel, KCVB Board President Date: December 30, 2009 RE: KCVB City Liaison RECEIVED JAN 4 ?010 SCE AI CITY CLERK On behalf of the Board of Directors for the KCVB, I would like to encourage you to continue sending a Council representative to our monthly Board meetings. Having direct contact with a Council member is invaluable for us at our meetings when questions and issues arise during discussions. 1 think it must be valuable to the City as well to have an "inside perspective" of the workings of the KCVB from one of your councilmember to share with the rest of the group when pertinent matters arise at your Council meetings. Thank you for your consideration of this possibility. www.visftke:nal.com 11471 Kenai Spur Highway Kenai, Alaska 99611 (907) 283 -1991 Fax (907) 283 -2230 E -mail: kenaicvb @visitkenai.com MEMO: Nita e with a Past, Gi with a Fattsre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ,4 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 f �i1► TO: City Council FROM: Christine Cunningham, Assistant to City Manager6" THROUGH: Rick Koch, City Manager DATE: December 18, 2009 SUBJECT: Amendment to Salamatof Seafoods, Inc. Dock and Adjoining Lease Salamatof Seafoods, Inc. currently leases the City's dock and adjoining lands. The current Lease was entered into May 15, 1978 for a term of 54 years. A portion of the above referenced property has been identified as being necessary for the City's use as part of the Bridge Access Water Sewer Project 2009. The location would be utilized as a utility easement and lift station location. Based on the need to access and maintain the lift station, the lease would need to be amended to remove the portion identified in the attached map. Pursuant to KMC 1120.210 "No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval." Should Council approve the attached Amendment to Lease, the original would be forwarded to the Lessee for signature. The project this Amendment affects is scheduled to be awarded at the January 6 Council Meeting. 1992 Salamatof Seafoods, Inc. Lease Properties .1 402 4 C> Portion depicted or ti Attachment A to be 78 December 14, 2009 FOURTH AMENDMENT TO LEASE THIS Fourth Amendment to Lease is made as of the day of 20 by and between the CITY OF KENAI, a municipal corporation (City) whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and SALAMATOF SEAFOODS, INC., an Alaska corporation (Lessee) whose address is P. O. Box 1450, Kenai, Alaska 9961 I. WITNESSETH WHEREAS, in 1978 the City executed a Lease with Lessee for City -owned lands which lease was recorded at Book 129 Pages 6 -25, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, the parties to the Lease have amended the Lease over the years to adjust rent and to modify the property descriptions covered by the Lease, which amendments are summarized as follows: Amendment to Lease between City and Lessee recorded at Book 352 Pages 861 -862 on August 22, 1989, in the Kenai Recording District; Amendment to Lease between the City and Lessee recorded at Book 390 Pages 488 -489 on October 8, 1991, in the Kenai Recording District; Amendment to Lease between the City and Lessee recorded at Book 397 Pages 377 -378 on April 3, 1992, in the Kenai Recording District; and, WHEREAS, the parties wish to further amend the Lease to remove a portion of land from the leasehold estate to allow the City to utilize those removed lands for a sewer lift station. NOW THEREFORE, the parties agree as follows: 1. The lands subject to the Lease are described as: Parcel No. 1: GOVERNMENT LOT TEN (10), Section 4, T5N, RI I W, S.M., being 79 located within the Kenai Recording District, Third Judicial District, State of Alaska. Excepting therefrom an easement granted to KENAI NATIVE ASSOCIATION for private road and as more particularly described in the instrument recorded July 27, 1978 in Book 129 at Page 6. Excepting therefrom, Lot Five (5), WALKOWSKI DELAND SUBDIVISION, Section 4, TSN, R11 W, S,M, formerly known as a portion of Lot Ten (10), Section 4, T5N, R11 W, S.M., Kenai Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM, that portion of Government Lot Ten (10), AK., depicted on Attachment `A" and described as follows: Commencing at the northeast corner of said Government Lot 10, said corner is designated as the CW 1/16 section 4; thence South 00 degrees 08 minutes 00 seconds East along the east line of said Government Lot 10 a distance of 309.68 feet to the southerly right -of -way line of Bridge Access Road and the point of beginning of the parcel being described; thence northwesterly along the southerly right -of -way line of Bridge Access Road a distance of 383.28 feet to the westerly line of said Government Lot 10; thence South 32 degrees 03 minutes 03 seconds West along the westerly line of said Government Lot 10 a distance of 51.00 feet; thence South 69 degrees 54 minutes 09 seconds East a distance of 390.28 feet to the point of beginning. Parcel contains 11.417 SF more or less. Parcel No. 2: LOTS TWO (2) and FOUR (4) of AMENDED U.S. Survey 4563, according to the official plat thereof, dated June 19, 1978, on file with the Bureau of Land Management, Anchorage, Alaska being located in the Kenai Recording District, Third Judicial District, State of Alaska, EXCEPTING THEREFROM a twenty foot (20') right of way for access road as more particularly described in instrument recorded July 27, 1978 in Book 129 at Page 6; EXCEPTING THEREFROM that certain Truck Fill Stand Parcel, being more particularly described in instrument recorded July 27, 1978 in Book Fourth Amendment to Lease agree. (eases. s atam.4th. amend 121509f 80 Page 2 of 4 129 at Page 6; which lease was recorded July 27, 1978, in Book 129 at Page 6, of the Kenai Recording District, Third Judicial District, State of Alaska. According to GOVERNMENT LOT TEN (10) and AMENDED U.S. SURVEY 4563, Section 4, TSN, Rl1 W, S.M., being located within the Kenai Recording District, Third Judicial District, State of Alaska. 2, Except as expressly modified or stated herein, all other tenns and conditions of the Lease (as previously amended) remain in full force and effect. (If Lessee is a corporate -style entity) ATTEST: Name Title Approved as to form: ris'Ta S. Stearns City Attorney CITY OF KENAI By: Rick R. Koch Its: City Manager SALAMATOF SEAFOODS, INC. By: Its: Fourth Amendment to Lease Page 3 of 4 agree.lcasses.salam.4th.amend f 21509f 81 State of Alaska Third Judicial District State of Alaska Third Judicial District RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Fourth Amendment to Lease agree.leases.salam.4th.amend 127 509f ss The foregoing instrument was acknowledged before me this day of 20 by Rick R. Koch, City Manager for the City of Kenai. ss The foregoing instrument was acknowledged before me this day of 20 by of an Alaska Corporation, on behalf of the corporation. 82 Notary Public of Alaska My Commission Expires: Notary Public of Alaska My Commission Expires: Page 4 of 4 ATTACHMENT A A O CF CW 1/16 SEC. 4 V L V 1 L I I 28 That portion of Gov't Lot 10 Section 4, T5N, R11 W, SM., AK, described as follows: Commencing at the northeast corner of said Gov't Lot 10, said corner is designated as the CW 1/16 section 4; thence South 00 degrees 08 minutes 00 seconds East along the east line of said Gov't Lot 10 a distance of 309.68 feet to the southerly right -of -way line of Bridge Access Road and the point of beginning of the parcel being described; thence northwesterly along the southerly right -of -way line of Bridge Access Road a distance of 383.28 feet to the westerly line of said Gov't Lot 10; thence South 32 degrees 03 minutes 03 seconds West along the westerly line of said Gov't Lot 10 a distance of 51.00 feet; thence South 69 degrees 54 minutes 09 seconds East a distance of 390.28 feet to the point of beginning. Parcel contains 11,417 SF more or less. 83 SW 1/16 AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY October 8, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion FY11 Budget ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison COUNCIL ON AGING MEETING DECEMBER 10, 2009 KENAI SENIOR CENTER 4:30 P.M. ITEM 8: QUESTIONS COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agendas of November 24 and December 2, 2009. ITEM 11: ADJOURNMENT 84 ITEM 1: Members present: Members absent: Council Liaison /Staff: A quorum was present. ITEM 2: AGENDA APPROVAL ITEM 6: NEW BUSINESS 6 -a. Discussion FY11 Budget COUNCIL ON AGING MEETING DECEMBER 10, 2009 KENAI SENIOR CENTER 4:30 P.M. CHAIR JOANNA HOLLIER, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Horner called the meeting to order at 4:30 p.m. Roll was cant as: J. Horner, L. Flowers, E. Jones, R. Jurgensen, V. Geller, B. Osborn, L. Nelson, M. Milewski and R. Fullinck None. Senior Director R. Craig and Council Member R. Molloy It was requested to add to Old Business, Item 5 -a, Meal Prices. MOTION: Member Milewski MOVED to amend and approve the agenda and Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY October 8, 2009 There were no changes to the October 8, 2009 meeting summary and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD None. ITEM 5: OLD BUSINESS 5 -a. Discussion Meal Prices This item was added to the agenda at the beginning of the meeting Discussion included whether to increase the suggested donation for meals at the Senior Center. The membership agreed no change should be made until more information was received related to possible Medicaid rate increases. The suggested meal donation would remain at $5.00 /meal. 85 Director Craig requested suggestions of items for inclusion in the Center's draft budget. Suggestions included folding tables, table cloths, and an increase in advertising. It was noted, revenue would stay the same with a possible increase in the N.T.S. Grant. ITEM 7: REPORTS 7 -a. Council on Aging Chair Ropier reported a Christmas Tea was held on December 10 with a very good turnout. She added there were lots of new seniors. 7 -b. Director Craig reported the following: She attended a Medicaid Regulations Workshop in Anchorage. A public hearing would be held before the new Medicaid regulations and rates would be sent to the Legislature. If the Legislature approved the bill, the Medicaid rates would increase for meals and transportation. 7 -c. Council Liaison Council Member Molloy reviewed the action agendas of the November 24 and December 2, 2009 council meetings, noting the Dip Net Report, library expansion, and Walmart opening. ITEM 8: OUESTIONS es COMMENTS Osborn Suggested a letter be sent to legislators supporting the increase in Medicaid rates. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 10: INFORMATION 10 -a. City Council Action Agendas of November 24 and December 2, 2009. ITEM 11: ADJOURNMENT MOTION: Member Jones MOVED for adjournment and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the membership, the meeting was adjourned at approximately 6:47 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk 86 COUNCIL ON AGING MEETING DECEMBER 10, 2009 PAGE 2 INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 6, 2010 1. 1/6/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $5,000. 3. 12/29/2009 S. Walden communication related to Incident Command Training /Alaska Shield Earthquake Exercise. 4. Alaskan Wind Industries Packet of Information. 87 LL7 5 w J U z 7 0 U re 0 O 0 0 O O h 0 z Q 0 O r O O O N O f0 Let Vi K Z w CO u: O w 0 z r O w w 2 co S U re O a O z z i 0 0 0 0 w 0. c LL U) 0 oo 88 Project: Bridge Access W S "Vi /lage with a Past, Gc with afittare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us Budget transfers in Capital Projects in excess of five thousand dollars ($5,000). (Ordinance No. 2428 -2009) Transfer From Transfer To Amount Explanation 627 -8098 Construction 627 -8092 Administration $7,000.00 Funds needed for advertising, binding and postage. Carol Freas From: Walden, Scott [SWalden @borough.kenai.ak.us] Sent: Tuesday, December 29, 2009 8 :40 AM Subject: FW: Alaska Shield Tabletop Exercise: 2 February 2010 Attachments: TTX #2 Invitation Travel Form.doc Good Morning Here is an outstanding training opportunity for local appointed and elected officials to participate in incident command training in preparation for the Alaska Shield Earthquake Exercise that your emergency personnel will be a part of this spring. If your local officials are interested, please complete the attached Invitation to Travel Request form and fax it to the number at the top of the printed form. Alaska Division of Homeland Security will pay for travel, lodging and possibly per diem for participation. The deadline to submit the ITR is January 7'. Contact Pat Bonser at pat.bonserC©alaska.00v or 907 -428 -7055, or Kathy Dawson at kathv.dawsonCEalaska.gov or 907- 428 -7049 for further information or with questions. From: &onser, Patrick E (MVA) [mailto:pat.bonser ©alaska.gov] Sent: Tuesday, December 29, 2009 8:10 AM To: Anchorage- George Vakalis; Anchorage -Rob Fitch; Anchorage -Kevin Spillers; Bonser, Patrick E (MVA); Cordova EM Planner Richard Groff; Cordova- Michael Hicks; Cordova -Chris Canaski; Cordova -Joan Behrends; Cordova -Mark Lynch; Dawson, Kathy M (MVA); Denali -David Talerico; Denali -Rusty Lasell; Drummond, Michael L (MVA); Fisher, Brian 3 (MVA); Walden, Scott; Carey, Dave; Kodiak Island Borough -Duane Dvorak; Kodiak Police Chief Kamai; Kodiak -Aime Kniaziowski; Kodiak -Fire Chief Rome Kemal; KPB: Homer City Manager Walter Wrede; KPB: Homer Fire Chief Bob Painter; Mat-Su Dennis Brodigan; Mat -Su EM Tom Smayda; Mat -Su -John Duffy; Mat -Su: Palmer Bill Allen; Mat -Su: Palmer- Jon Owen; Mat -Su: Palmer -John McNutt; Mat -Su: Wasiila Verne Rupright; Unalaska, Dir Pub Safety Jamie Sunderland; Unalaska Chris Hladick; Unalaska- Jonathan Fulton; Valdez Fire Chief George Keeney; Valdez -Eric Philips; Valdez -John Hozey; Whittier Fire Douglas Maliski; Whittier Police Fred Whittingham Subject: Alaska Shield Tabletop Exercise: 2 February 2010 Greetings: The Alaska Division of Homeland Security and Emergency Management (DHS &EM) Exercise Section would like to invite your community emergency management personnel, as outlined in your Emergency Operations Plans, to participate in a Table Top Exercise (TTX) being held February 2, 2010 in Anchorage in preparation for Alaska Shield 2010. This exercise will focus primarily on assisting your local appointed and elected officials by providing an orientation to the Incident Command System by integrating the ICS 402 course (Incident Command System (ICS) Overview for Executives /Senior Officials) with a response to an earthquake event. We welcome your participation as we strive to provide realistic training opportunities to improve Alaska's Emergency Preparedness culminating with the Alaska Shield Full Scale Exercise in Apr /May 2010. Please complete and return the attached Invitation Travel Request (ITR) form by January 7, 2010. Anchorage participants we need only your RSVP. 1 90 For planning purposes, please let us know if your community will participate in this TTX by January 7, 2010. Contact Pat Bonser at pat.bonser©alaska.gov or 907 -428 -7055, or Kathy Dawson at kathy.dawson@alaska.gov or 907 428 -7049. 2 91 DRS &EM INVITATIONAL TRAVEL REQUEST FORM INSTRUCTIONS e Traveler must fill out the attached Invitational Travel Request Forth completely, and return to DHS &EM: FAX: (907) 428 -7009 or MAIL: DHS &EM Travel Coordinator Division of Homeland Security and Emergency Management P. O. Box 5750 Fort Richardson, Ai{ 99505 -5750 The following Invitational Travel Request form must contain the following information: Name, Home or Business address, phone number, and Social Security Number (for reimbursements) Requested date and time of departure and return to home or workstation (with preferred form of travel) Required number of nights for hotel reservations and type of room (i.e. smoking, etc.) If you will need a travel advance for per diem, please be sure to request it on the following form. You will receive your advance check once you attend and register for the event. If you do not request an advance, you will be reimbursed for per diem when DHS &EM processes your completed Travel Authorization form after you travel is completed. After receiving your completed travel request form, DHS &EM will begin internal approval for your travel. If you need confirmation of the receipt of this form, please indicate your request in the comments section of the form. If that are any questions regarding information you have provided on the form, or concerns regarding your request, DHS &EM will contact you directly. If you are deviating from the state approved travel dates or the most direct route to or from your destination, you must fill out the justification portion of the request form. A Deviation form will be filled out and sent to you for signature. If approved you will be responsible for making your own travel reservations and submit for reimbursement once travel is complete. DHS &EM will make your airline reservations (unless you are deviating) and a -mail you your flight confirmation data. Flights that are not purchased. by DHS &EM are not reimbursable unless permission has been received from the DHS &EM Administrative Manager in advance. Please indicate in the comments section on the travel request form if you would like the confirmation data another way (i.e. fax). TSA Secure Flight Program: Homeland Security /Transportation Security Administration (TSA) has mandated that all travelers on commercial airlines will provide their legal name, date of birth (DOB), and sex. The information will be used to compare travelers to current "watch lists." One of the results will be to avoid identity confusion and delays in security screening. In order to make a reservation in advance or online, this information must be supplied at the time of booking. Airlines have been requested to supply the information as soon as August 15, 2009 with a mandatory date of January 1, 2010. Rental cars must be justified on the navel request form and approved by the DHS &EM Administrative Manager PRIOR to renting a vehicle. In most instances a rental car will not be required because the hotel shuttle will pick you up and drop you off at the airport. If a hotel shuttle is not available, the next choice is a taxi. If you are approved for use of a rental car you must include the receipt with your completed travel authorization fonn in order to receive reimbursement. At the completion of travel, mail or fax your travel authorization form back to DHS &EM with all original receipts. If you received an advance in per diem, you have 5 working days to complete and return your travel authorization form. If you did not receive an advance, you have 10 working days to complete and return your travel authorization. form. Travel payments will be processed and mailed within fifteen working days of receipt by DHS &EM, providing all receipts and signatures are included with your travel authorization form., Pursuant to the Internal. Revenue Service, the State of Alaska travel guidelines have been revised. Effective 12/16/94 all SERC, LEPC, and non employee travelers shall be reimbursed actual expenses only. Without receipts you will only be reimbursed for meals (per diem). The meal rate is 560.00 per day. The meal rate is prorated according to the time you arrive on the first day and the time you leave on the last day. Effective 01/01/09 the mileage rate has changed to .550 per mile, you have any questions on your travel or on this form, please contact a DHS &EM Travel Coordinator at 1- 800 -478 -2337. C.:'Documents and SeningskfreaLCTTYHALL \Local Settingsnemporary tntemet Files1Coumt.0uflook v ESGVTTx d2lnvitation 1'rmzl aonn.doc INVITATIONAL TRAVEL REQUEST FORM EVENT Workshop/Course/Meeting: Dates Times of Event: February 2, 2010 0800 -1600 Location: Anchorage Sheraton Hotel Al I LNDEE Attendee Legal Name (as it appears on official ID): P osition: Representing: Business/Home Mailing Address: Fax Number: Business /Home Phone: Email: TRAVEL Date, Time, &Destinations: Form of Travel: (Please Check One) _Airfare Ferry Personal Vehicle City/Borough Vehicle f Airfare or Ferry reservations are needed please supply the following information: Gender. Date of Birth: H otel? Y N *Rental Car? Y N Advance? Y N JUSTIFICATION: The State of Alaska requires all travel be completed in the most cost-effective manner possible. Please indicate any reasons for a deviation in lowest cost travel, i.e., private vehicle verses airlines, or extended travel dates and the reason: Attendee Signature: Division of Homeland Security and Emergency Management's Approval: Approval Date: Comments: *Social Security Number's are required to establish traveler in the Alaska Accounting System. This information is safeguarded through state systems and this document is kept in secure files. If you have not traveled with the State of Alaska before you will he contacted by one of the administrative staff members to request this information. *If the traveler needs airfare or ferry reservations and does not wish to supply the requested information on the form please note for us to call to obtain the required information. If the traveler does not wish to supply the information at all, them the traveler will be responsible for making their own reservations and seeking reimbursement. Reimbursement will only be authorized for the amount the State would have paid. *If rental cars are approved the traveler will be notified and be responsible for making rental car reservations. Once travel is complete the traveler can submit for reimbursement. It is the traveler's responsibility to re -fuel the car before turning it back in. It is the traveler's responsibility to re -fuel the car before turning it back in. All optional rental car costs will not be reimbursed including additional insurance, fuel charges, gps systems, etc. Separate fuel receipts from gas stations will be reimbursed. C: \bocomcros and Sceinas\cfeas.CITYaArnocat S s \Tenporny lmcnet Fdes\C VF(gati\TTX 52 Imitation Tiavet Fom.doc Alaskan Wind Industries Packet for: situ_ Ker 471 Kenai for your Area: 12MPH 15MPH 6y: Nadia Et Jaynes Daggett PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 vtmrw.akwindindustries.com ALASKAN WIND INDUSTRIES Power to our Alaskan people{ 94 City of Kenai, Thank you for your interest in Alaskan Wind Industries (AKWI) Renewable Energy Technologies. We have placed in this packet the following information: Wind Information for your specific area Information about our company Stimulus Rebate Information Informational Packet 1 55 Smith Way Soldotna AK 99669 9 ©7 infit@twindindustri,es.com www.akwindindustrics.com Purchase Procedure The next step towards watching your wind turbine spin and produce energy is to decide if this is the right product for you. Below is an estimate of how long an installation can take: During your installation process, Alaskan Wind Industries as your certified installer can take care of all phases of construction associated with your new turbine. As the home or business owner you may choose to fulfill some of the duties yourself, if this is the case please contact us and we will be happy to acconunodate your request to participate and lower your installation costs. AKWI does require 30% of the total project upon signing of construction contract. Once a contract is signed we will start the pemritting and funding phase, Thank you for your interest in our products and services. We are here to answer any questions, and help in any way possible. Wind Energy the Power of Freedom! Sincerely, Permitting Research grant possibilities, Request pennits, Establish with FAA, utility Funding: company and more (approximately 2 3 week). Foundation Work: Start Foundation of Wind Turbine Turbine Installation: Turbine Installation (I -3days depending on tower and weather). Sales/Installer Alaskan. Wind Industries PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (858)325.9981 www.akwindindustries.com ALASKAN WIND INDUSTRIES Power to our Alaskan people) 95 Alaskan Wind Industries consists of a staff that has been immersed in aspects of renewable energy for most of their life's, from a collegiate sailor, experimental aircraft association member and Air Force academy trained glider pilot who's Life depended on understanding wind speeds and its reactions to the landscape, to a leading manager of a prominent technology business that spanned the globe and delivered data to all comers via fiber optics, where loss of power is not an option and successful integration of all resources is the only answer this member excelled, and now lives an off grid lifestyle here in Alaska. With our grant writers on staff, Alaskan Wind Industries will make sure you qualify and receive all grants and tax incentives that you deserve for helping our communities and country become more energy efficient, self reliant and prosperous. Alaskan Wind Industries partnered with Standard. Steel in 2008, the goal was to take the knowledge that AKWI's personnel had in regard to design and implementation of green technologies and develop a relationship with personnel that had the experience to bring a project from paper to a solid structure standing in your backyard. Standard Steel has been involved in construction projects across the state of Alaska, their employees live and work daily in the Alaskan environment. As a specialty contractor for steel erection, welding and rebar foundations Standard Steel was a natural match to ensure the successful construction of projects both large and small. Some of the great benefits that AKWI has over the competition are: Local Kenai Peninsula Company Tower Rescue Safety Training Certified Manufacture Certified Installers Administrative Electrician for all installations Licensed, Insured and Bonded Installed 90% of the turbines connected to the BEA grid so far Consistently researching Wind/Solar data in AK Grant Writer on staff Locally Stamped Plans for foundations Technical Assistance Support during and after installation The mission of Alaskan Wind Industries is to be the .Alaskan leader as a dealer and installer for renewable energies that are of high quality, extreme weather tested, reliable, aesthetically pleasing, and quiet, thereby accelerating the Alaskan adoption of renewable energy systems. Alaskan Wind Industries staff is constantly looking for ways to help support the producers that have joined our community, with the best possible installations, grant process, technical assistance and more. We look forward to having you join our community in our fight for energy independence. Sincerely, c Owner Alaskan Wind Industries ABOUT Alaskan Wind Industries PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 www.akwindlndustries.com ALASKAN WIND INDUSTRIES Power to our Alaskan people! 96 97 Wind Energy System Performance Estimates *Due to the unpredictability and changing wind speeds, site specific conditions, and electrical usage, we cannot accurately predict how much energy you will be producing in the future. However, by knowing the peak rated power output of a turbine in combination with the best siziug and placement of your wind turbine, we are able to optimize energy production to fit your needs. As for your area of 11471 Kenai Sour Hwy the wind average over the past year has been 12MPH 15MPH However, because Alaska has lower temperatures the wind density is greater providing you with a greater energy production. The amount of electricity produced by your system will vary according to the exact installation and future weather patterns. Although you may use more or less electricity during some months than the wind system produces, your electric utility company will provide credit toward all excess electricity at a current wholesale rate that adjusts with the wholesale costs. Net Metering was also approved by the RCA which states: Your Location for Renewable Energy Production After reviewing your specific area for solar and wind we feel your location is Feasible for Solar and Wind technologies. Below is a copy of our research on your specific location: 24m Mean Annual W r (4- 1,32.. t&' i3C' t35" 162 D.5(0 005. 000 wad Bpel Wmospee 0E50 in MSS on& m9' 66.5.4 DA 119 49■3.7 8.1. 131.15,8 153.464 73'. 77 084.117 012.108 s•66 >183- Wind Directrion 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I ANN KENAI AP, AA (PAEN). WINE R I NNE NNE NNE N SSW SSW SSW u NNE NNE NNE NNE NNE PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 www.akwindindustries.com ALASKAN WIND INDUSTRIES Powertu our Alaskan people! Screw Anchor Foundation system provides an efficient, cost effective method for installing the foundations for supporting monopole, guy wire and lattice -type structures. Benefits of our foundation system include: SPEED Installation typically takes a single day and is immediately ready to support a structure. COST-EFFECTIVENESS This system costs no more than conventional foundation systems and will oftentimes provide significant cost savings. ADAPTABILITY This system. can be removed and reused at another location so customers can keep their capital investment. STRENGTH This system uses high strength, galvanized steel. Third party testing has been performed which exceeded the requirements of the international building code. EFFICIENCY With a these screw anchor foundations, all subcontractors are effectively eliminated. INNOVATION Using tried and true, code- accepted technology, our system can be accurately installed in all weather conditions in Alaska while generating real-time geotechnical reports. SIMPLICITY Installation i accomplished using tools that can be attached to different types of construction equipment. SCALAB.ILITY This system can support various structure sizes by simply increasing or decreasing the number of required support anchors. ECO- FRIENDLY INSTALLATIONS This system is essentially a shallow foundation connected to helical anchors, so there is little disturbance of the soils. Basic Screw Anchor Technology ,Indrirs INA ‘MP) PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325-9931 www.akwindindustries.com ALASKAN WIND INDUSTRIES Power to our Alaskan people) 98 American Recovery and Re- investment Act (2009 Stimulus Package) Background On February 17, 2009 President Obarna signed into law the American Recovery and Re- investment Act of 2009. With a significant el2mph 15mphasis on renewable energy technology deployment and job expansion, the bill improved upon the 2008 small wind tax credit by removing "cost caps: This change allows consumers and small businesses to deduct from their tax liability 30 percent of the installed cost of a wind turbine. Additionally, businesses will have the option of receiving their credits in the form of cash grants. 0: What does this mean to me? A: The entire cost of a Skystream system (plus installation) is reduced by 30 percent provided you have a tax liability. The credit can be claimed over the course of two years. Depending an where you live, you could save even morel Some states have also implemented rebates for small wind systems which can be used in addition to the Federal credit. Furthermore, in the last two months alone, more than 30 states have introduced legislation that either expands incentives Incentives halo reduce costal energy Cost/kWh-compered to wind speed (Actual costs win vary) Federal Incentive't3a%$ NOM 62+818d88si bnauvt ona, ueropa mot uaig 28' Inver: 4tp288neir bemcadepeadna 'xi Iowa- kesiq Imvaan en6288 a+mW Ot 2: 6lnta Fe00v0em c an todoe tcau funi,er i. Game mesa. $0.10 $0:00 2: Cott clam*,/m,:,arrmia bard cc' :d aawcvnaMna .88•+12 My.wfria dlMpmlu+l'Pim ra+r»enenan MiW Sane pethonrenevmll2wylt bs notate. a How it helps with small wind y 15 17.2 20 Wind, speed (MPHr 0: How does a lax credit wet A: Typically, a tax credit is money that you can deduct from any money owed to the federal government at tax time (tax liability). The small wind tax credit can be carried over two years after the product is installed. For more information on how to take advantage of the credit, we suggest that you speak to a tax specialist. don't normally owe taxes how can I cdeirn the credit? .A.: You ran what only claim the credit based on you would owe in taxes t liability Jeans (your tax li. for two years). If you do not normally receive a refund, you may want to consult with a tax specialists to understand better what opportunitiesare to you. 0: How do I claim the credit? A: You will be required to file the long forrn and itemize your deductions. The IRS form 5695 must be completed and filed with your taxes. Please contact AKWI for this current form CJ; Can someone who already owned a Renewable Energy claim the tax credit? A: If you purchased a Renewable Energy Product in 2008, you qualify for the federal -level tax credit, passed as part of the October 2008 bailout legislation, up to $2,400 per wind turbine with a cap of $4000. If you purchased a RE Product in 2008 but your dealer did not install it until 2009, ask your dealer to write a letter indicating that the wind turbine was not "commissioned" in 2008 and became operational 2009. You would qualify for the 30 percent tax incentive in your 2009 filing. Q: What if I want to purchase and install more than one Renewable Energy Product? A: The stimulus package allows for a 30 percent tax credit on the total cost of multiple units. The is no cap on the 30 percent tax credit: Businesses may quality for a grant from the US Treasury in lieu of a tax credit. Q: I heard I can get cash back rather than a tax credit.— how does that work? A: Businesses can apply for a grant from the US Treasury and rather than a tax credit., receive a cash grant. With our grant writer on staff we will complete this for you at no additional costs. 0: Does this work for ali small vend systems, even Whisper and Air Breeze? A: Yes. The incentive is available to all users of small wind systems,. PI,*1oo 0100 unto Thal 88112,2: inforrnation, Alxsbnn wind lodu;ntlec,'a not providitsp, ncrinle Yc prnv{du,to;al advice orbsnelevrt you hove tueer'fa 0008 0 104iyuv or acn ,I8181 shall bu reapmhlhlo foe yon• oee of Ihio iniarnw$on er lue ony fJorns es ra,eettlnp pare iror PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 www.akwindindustries.com ALASKAN WIND INDUSTRIES Power to our Alaskan people& 99 PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 www.akwindindustries.com ALASKAN WIND INDUSTRIES— Power to our Alaskan people! 100 (Appendix A) Monitoring System from Turbine from inverter Will Provide Monitor right in gallery for actual wind turbine production PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (888)325 -9981 www.akwindindustries.com ALASKAN WIND INDUSTRIES Power to our Nasken people! 101 System loss factor Alaskan. Wind ittd in US I Proven 15kW x Enter a Recent Electric Bill Dollar Amount x Enter Number of Kilowatt hours used System Rated Generation Peak power windspeed Cut-in windspeed Zero power windspeed Average Wind Speed for Year looatiorn System generation at your average windspeed 0 Results with Overage with Net Meteri Enter Your Annual Electricity Usage Dallvgu Attn'u'al 2�+ I dustrics Pro \yen l SkW Dollars kwh k kw MPH MPH MPH MPH 3300.0 kw 0 95 5 7620 kwh N x Enter Your Turbine System Cost $82,700.00 Dollars JTotaI Materials Costs Enter installation Cost (Donated by city) Dollars Jfi anstallatittttandAtaterials Costs 2 ,700_.00' 1 Stimulus Plan Rebate Program 24,810,00 Dollars Total Grant funds 24,817.00 Dollars Include "delivery charges" T is is voile -cost per kilowatt tour Check your bill for your history estimate it This is�laar urnated daily- etectrc4ty t Gage, This ia' rsttr esti ,mated =artrafil lei c Proven l5klft/ with 49' Monopefe rand ktstatkation Estimated excavation, Concrete and Electrical Stimulus Rebate Program of 30% with no cap Total Grant Funds This accounts for power conve Default value for turbine Full Power Production at or above this speed Turbine begins spinning at this wind speed Reliable Power begins at this wind speed Your Wind Data kw based an 12mph on and line losses idl n riff ossas 9 Payoff Wt 0 Dollars Net Metering with current wholesale ra out SNAP or Net Metering Program 7,679 Dollars msst pat kualstime id"ed' by ahittral sa otet,systere;'.s osf diui! Notes: Flat energy cost. If energy cost rises, payback will be faster Sellback would likely occur at night when your usage is low until net metering comes into affect. Green -e Programs are not calculated yet and will make payoff faster SNAP Program is based solely on contributions and amount of producers/production. This can be up to $1.50 kW Wind data for your property is from http: /Ifirstfook.3tier.com PO BOX 8271, Nikiski AK 99635 Tel (907) 776 -7664 Fax (858)325 -9981 wunb.akwindindustries,com ALASKAN WIND INDUSTRIES Power to our Alaskan people; 102 1 MIS 22 MPH 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. 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. 2. Resolution No. 2010 -01 Approving a Contract to North Star Paving Construction for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of 53,218,000.80. 3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to Extend the Comment Period Regarding the Proposed Rule Designating Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and Request a Public Hearing be Held in Kenai, Alaska. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: January 7, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JANUARY 6, 2010 CITY OF KENAI NOTICE OF PUBLIC HEARING JANUARY 6, 2010 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 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. 2. Resolution No. 2010 -01 Approving a Contract to for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of 3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, to Extend the Comment Period Regarding the Proposed Rule Designating Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and Request a Public Hearing be Held in Kenai, Alaska. 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, 9961.1. 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. Corene Hall, Deputy City Clerk December 30, 2009