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HomeMy WebLinkAbout2010-02-03 Council Packet(COUNCIL MEETING DATE: F AGENDA DISTRIBUTION MAKE l PACKETS COUNCIL PACKET DISTRIBUTION 3, .2_3 I c Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department PC Attorney City Manager Parks Recreation Student Rep. Hall Binder Finance Airport pC Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt lic Dt. 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 Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. TESTIMONY SIGN -IN SHEET 12 3i A, S q p TESTIMONY SIGN -IN SHEET 12 H x a z O 1 H z W 2 O U 0 o Po to 5 1 0 0 F w a a ritC z N S ;II fi r 111111 t77 J 1 _/1 1 r 1 S 5 1 10 JOHNSON 2 1 MOLLOY NOSNHOP 1 MOLLOY IBOYLE e13TbOd 1 SMALLEY 1 MOORE ELDRIDGE A P I 111111 co 1. 19 _/1 1 r/ 1 S II1 10 JOHNSON 2 1 MOLLOY 11111 PORTER 1 MOORE ELDRIDGE Sri *a NSON I QUI 1 MOLLOY BOYLE 1 PORTER 1 SMALLEY 1 MOORE ELDRIDGE 1 ELDRIDGE A P I 111111 co 1. 19 _/1 1 1177• 1 f s pr 47 /'¢LA JOHNSON MARQUIS 1 1 MOLLOY IBOYLE PORTER SMALLEY MOORE ELDRIDGE I I NOS,NHOJ MARQUIS 1 MOLLOY BOYLE 1 PORTER SMALLEY 1 MOORE 1 ELDRIDGE 1 P I 111111 co 1 11 1 1111 pr 47 /'¢LA JOHNSON MARQUIS 1 1 MOLLOY IBOYLE PORTER SMALLEY MOORE ELDRIDGE 1 A 11 S M 1 MARQUIS I_ 1 MOLLOY 1 BOYLE 1 J 1 1 PORTER 1 SMALLEY 1 1MOORE ELDRIDGE COUNCIL MEETING 0 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 3, 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Ryan Huss Oil Runoff /Ryan's Creek ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Resolution No. 2010 04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials 2. Resolution No. 2010 05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale 3 3. Resolution No. 2010 06 Designating the City as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds 17 4. Resolution No. 2010 07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment 5. Resolution No. 2010 08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of $619,580.00 19 26 6. *Liquor License Renewals 28 Pizza Hut #9, License #2596 Restaurant /Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store ITEM E: MINUTES 1. *Regular Meeting of January 6, 2010 2. *Regular Meeting of January 20, 2010 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 71 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2462 2010 Increasing Estimated Revenues and Appropriations by 51,000 in the General Fund for Library Travel and Transportation 4. *Ordinance No. 2463 2010 Increasing Estimated Revenues and Appropriations by $7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures 34 51 72 74 5. *Ordinance No. 2464 2010 Increasing Estimated Revenues and Appropriations by $8,524.80 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 76 6. Approval Fourth Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease /Non Exclusive License to Allow Access to Leased Properties 78 7. Approval Arctic Barnabas Ministries Lease Application /Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision 86 8. Discussion Schedule Budget Work Sessions 98 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 101 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 104 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention 8s 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 107 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) 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 January 20, 2010 meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) EXECUTIVE SESSION Consultation with City Attorney regarding pending litigation and strategy, disclosure of which could have an adverse impact upon the finances of the City. ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 Page No. 1. 2/3/2010 Purchase Orders Between $2,500 and $15,000 for council review 110 2. Budget Transfer in Capital Projects in excess of 5,000 3. 2011 -2013 Federal Subsistence Fishery Proposal Questionnaire 111 4. 1/21/2010 C. Campbell, Fisheries Policy Advisor letter related to scheduling a Board of Fisheries regulatory meeting for the Upper Cook Inlet regulatory meeting 113 5. 1/26/2010 Senator M. Begich letter related to proposed program funding allocation to local governments to provide additional assistance to create jobs within the sectors of small business, public safety, education, summer youth employment, community-based energy and conservation, and neighborhood infrastructure 116 6. 1/15/2010 Department of Commerce Community and Economic Development letter related to FY 1 1 Population Determination 118 7. 1/22/2010 T. Eubank memorandum /Quarter Ending December 31, 2009 Inve Report 119 8. 1/26/2010 C. Cunningham memorandum related to new lease /Lot 14, Block 1, Cook Inlet Industrial Air Park (Dave Schilling and Michael Schilling, d /b /a Schilling Rentals) 134 9. 1/28/2010 T. Eubank memorandum /Quarterly Financial Report 135 10. 2/2/2010 Kenai Peninsula Borough Assembly Meeting Agenda 139 11. 1/28/2010 Alaska Department of Law Press Release, "State Acts Promptly to Safeguard Alaskans Against Potential Identity Theft." 144 CITY OF KENAI RESOLUTION NO. 2010 -04 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE REGULATIONS OF THE KENAI COMMUNITY LIBRARY TO ELIMINATE HANDLING CHARGES TO BORROWERS FOR REPLACEMENT OF LOST OR DAMAGED MATERIALS. WHEREAS, the City Council has adopted regulations governing the fines and charges assessed by the Kenai Community Library when a borrower does not timely return an item or when an item is damaged or lost; and, WHEREAS, when an item is lost or damaged, the Library regulations require the Library to collect from the borrower handling charges of $5.00 and $10.00, depending upon the type of material lost or damaged, in addition to requiring payment for the cost of the item lost or damaged; and, WHEREAS, due to industry discounts the Library sometimes receives when acquiring new materials, the handling charge is not necessary to compensate the Library for its additional overhead cost and time (handling) expended to obtain replacements for loaned materials; and, WHEREAS, the Library Commission recommends the handling charges be eliminated from its fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that paragraph 3 of the regulations for the Kenai Community Library is hereby amended to read as follows: 3. SERVICE CHARGES a. Full replacement cost[S] of books or other materials that are lost or damaged beyond repair[, PLUS EITHER A FIVE DOLLAR ($5.00) HANDLING CHARGE FOR PERIODICALS, IRS PUBLICATIONS, MAPS AND PAMPHLETS OR A TEN DOLLAR ($10.00) HANDLING CHARGE FOR BOOKS AND OTHER MATERIALS THAT ARE LOST OR DAMAGED BEYOND REPAIR. THE HANDLING CHARGE IS DUE IN ADDITION TO THE FULL REPLACEMENT COST OF THE LOST OR DAMAGED ITEM]. b. If the current replacement cost of the lost or damaged item is unavailable, the default replacement cost for each item is as follows: Twenty -five dollars ($25.00) for hardback books Thirty -five dollars ($35.00) for juvenile reference materials Twenty dollars ($20.00) for music CDs Five dollars ($5.00) for periodicals Forty dollars ($40.00) for CD -ROMs New Text Underlined; [DELETED TEXT BRACKETED[ Resolution No. 2010 -04 Page 2 of 2 Forty -five dollars ($45.00) for Alaskan government documents Twenty dollars ($20.00) for audio books Twenty -five dollars (S25.00) for videos and DVDs Twenty-five dollars ($25.00) for Interlibrary Loan materials or the actual cost charged to the City of Kenai by the lending library, whichever is higher Forty -five dollars ($45.00) for adult reference materials Twenty dollars ($20.00) for juvenile kits Thirty -five dollars (335.00) for microfilm reels or for microfiche flat films Fifteen dollars ($15.00) for paperback books Sixty dollars (60.00) for fishing rods and reels c. Actual cost for rebinding a damaged book that may be rebound PLUS A FIVE DOLLAR ($5.00) HANDLING CHARGE. THE HANDLING CHARGE IS DUE IN ADDITION TO THE COST OF REBINDING THE DAMAGED BOOK]. d. Twenty dollars ($20.00) for proctoring tests. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol Freas, City Clerk PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED) ehe a4y of CITY OF KENAI KENAL ALASKA RESOLUTION NO. 2010 -05 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,000,000 TO PROVIDE FUNDS FOR THE PLANNING, DESIGNING, ACQUIRING PROPERTY FOR, AND CONSTRUCTING LIBRARY CAPITAL IMPROVEMENTS, FIXING CERTAIN DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE WHEREAS, the City of Kenai, Alaska (the "City is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or the charter of the City, and it has been determined that the matters set forth in this resolution are not prohibited by law or the charter; and, WHEREAS, pursuant to authorization by the City Council, adopted July 3, 2007, a question whether the City should issue general obligation bonds in the principal amount of not to exceed $2,000,000 for the purpose of financing the planning, designing, acquiring property for, and constructing library capital improvements in the City, referred to at the regular City election held on October 2, 2007 as Proposition No. 2 "Proposition 2 was passed and approved; and, WHEREAS, said election has been duly canvassed and the results thereof certified and confirmed in accordance with law, and $2,000,000 principal amount of general obligation bonds remains unissued under Proposition 2; and, WHEREAS, the Council finds that it is in the best interest of the City to plan, design, acquire property for, and construct the library capital improvements described in Proposition 2 (the "Project and to issue not to exceed $2,000,000 principal amount of general obligation bonds referred to in Proposition 2 to pay costs of the Project and costs of issuing the bonds; and, WHEREAS, under the Internal Revenue Code of 1986, as amended, the City may issue bonds for the Project as tax- exempt bonds, as taxable "Build America Bonds," or as taxable "Recovery Zone Economic Development Bonds;" and, WHEREAS, by Resolution 2010 -008 adopted January 19, 2010, the Kenai Peninsula Borough allocated $2,000,000 of Recovery Zone Economic Development Bond volume cap to the City; and, WHEREAS, the Council finds that it is necessary and appropriate to delegate to each of the City Manager and the City Finance Director authority to determine whether to issue the bonds as tax- exempt bonds, taxable "Build America Bonds," or taxable "Recovery Zone Economic Development Bonds," or as a combination thereof with each type of bonds being issued in a separate series, to determine the maturity amounts, New Text Underlined DELETED TEXT BRACKETED] Resolution No. 2010 -05 Page 2 of 14 interest rates and other details of each series of bonds, and to determine other matters that are not provided for in this resolution; and, WHEREAS, the City intends to sell the Bonds to the Alaska Municipal Bond Bank, which will purchase the Bonds with the proceeds of an issue of its general obligation bonds; and, WHEREAS, there has been presented to the City the form of a Loan Agreement between the Alaska Municipal Bond Bank and the City, which provides for the Alaska Municipal Bond Bank to purchase the bonds on the terms and conditions set forth therein and in this resolution, and it is in the best interest of the City that the City sell the bonds to the Alaska Municipal Bond Bank under such terms and conditions. NOW, THEREFOR, BT IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. Definitions. In addition to terms that are defined in the recitals above, the following terms shall have the following meanings in this resolution: (A) 'Bond" or "Bonds" means any of the "General Obligation Bonds" of the City of Kenai issued in one or more series, the issuance and sale of which are authorized herein. (B) "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation of the State of Alaska. (C) "Bond Bank Bonds" means the series of general obligation bonds issued by the Bond Bank, all or part of the proceeds of which are used to purchase a series of th Bonds. (D) "Bond Register" means the registration books maintained by the Registrar, which include the names and addresses of the Registered Owners of the Bonds or their nominees. (E) "Build America Bonds" means Bonds that are described in Section 54AA(d)(1) of the Code. (F) "City" means the City of Kenai, a municipal corporation of the State of Alaska, organized as a home rule city under Title 29 of the Alaska Statutes. (G) "Code" means the Internal Revenue Code of 1986, as amended from time to time, together with all regulations applicable thereto. (H) "Cost" or "Costs" means the cost of planning, designing and construction of the Project, including interest on the Bonds during the period from the date of the Bonds until the Project is placed in service, the cost whether incurred by the City or New Teat Underlined ]DELETED TEXT BRACKETED] Resolution No. 2010 -05 Page 3 of 14 by another of field surveys and advance planning undertaken in connection with the Project properly allocable to the Project, the cost of acquisition of any land or interest therein required as the site or sites of the Project or for use in connection therewith, the cost of any indemnity and surety bonds and premiums on insurance incurred in connection with the Project prior to or during construction thereof, all related direct administrative and inspection expenses whether incurred by the City or by another in connection with the Project prior to or during construction thereof, and allocable portions of direct costs of the City, legal fees, costs of issuance of the Bonds by the City, including financing charges and fees and expenses of bond counsel, financial advisors and consultants in connection therewith, the cost of any bond insurance premium and bond ratings, the cost of audits, the cost of all machinery, apparatus and equipment, cost of engineering, architectural services, designs, plans, specifications and surveys, estimates of cost, the reimbursement of all moneys advanced from whatever source for the payment of any item or items of cost of the Project, and all other expenses necessary or incidental to the acquisition and development of the Project, the financing thereof and the putting of the same in use and operation. (I) "Council" means the Council of the City of Kenai, as the general legislative authority of the City of Kenai, as the same shall be duly and regularly constituted from time to time. (J) "Government Obligations" means obligations that are either (i) direct obligations of the United States of America or (ii) obligations of an agency or instrumentality of the United States of America the timely payment of the principal of and interest on which are unconditionally guaranteed by the United States of America. (K) "Loan Agreement" means the Loan Agreement between the City and the Bond Bank concerning the Bonds. (L) "Recovery Zone Economic Development Bonds" means Bonds that are described in Section 1400U -2(b) (I of the Code. (M) "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. (N) "Registrar" means the City Finance Director or any successor that the City may appoint by resolution. (0) "Reserve Fund Obligations" means Bond Bank Bonds whose proceeds are allocated to fund a reserve to secure the Bond Bank Bonds. (P) "Resolution" means this Resolution No. 2010 of the City. (Q) "Tax- Exempt Bonds" means Bonds the interest on which is excludable from gross income under Section 103 of the Code. New Text Underlined; ;DELETED TEXT BRACKETED 5 Resolution No. 2010 -05 Page 4 of 14 Section 2. Authorization of Bonds and Purpose of Issuance. For the purpose of providing part of the funds required to pay the Costs of the Project, to provide for original issue discount, if any, and to pay all costs incidental thereto and to the issuance of the Bonds, the City hereby authorizes and determines to issue and sell the Bonds in one or more series in the aggregate principal amount of not to exceed $2,000,000. Section 3. Obligation of Bonds. The Bonds shall be direct and general obligations of the City and the full faith and credit of the City are hereby pledged to the payment of the principal of and interest on the Bonds. The City hereby irrevocably pledges and covenants that it will levy and collect taxes upon all taxable property within the City without limitation as to rate or amount, in amounts sufficient, together with other funds legally available therefor, to pay the principal of and interest on the Bonds as the same become due and payable. Section 4. Designation, Maturities. Interest Rates. and Other Details of Bonds. The Bonds shall be desigated "City of Kenai, Alaska, General Obligation Bonds." The Bonds shall be in the denomination of S5,000 or any integral multiple thereof, shall be numbered separately in the manner and with such additional designation as the Registrar deems necessary for purposes of identification, and may have endorsed thereon such legends or text as may be necessary or appropriate to confo ui to the rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Bonds shall be issued in one or more series in one or more of the following categories: Tax- Exempt Bonds, Build America Bonds or Recovery Zone Economic Development Bonds. The Bonds shall mature in one or more years commencing no earlier than 2010 and ending no later than 2031. The Bonds shalt bear interest from their date, payable commencing on or after January I, 2010, and semi annually thereafter. Interest will be computed on the basis of a 360 -day year consisting of twelve 30 -day months. Subject to Section 2 and the remainder of this section, the dated date, the principal and interest payment dates and the record dates for principal and interest payments on each series of Bonds, the aggregate principal amount of Bonds and of each series of Bonds, and the principal amount of each maturity and the interest rates for each series of Bonds, shall be determined at the time of execution of the Loan Agreement under Section 17. Section 5. Optional Redemption. The Bonds, if any, subject to optional redemption by the City, the time or times when such Bonds are subject to optional redemption, the terms upon which such Bonds may be redeemed, and the redemption price or redemption prices for such Bonds, shall be determined at the time of execution of the Loan Agreement under Section 17. New Text Underlined' IDELt,TED TEXT BRACKETED] Resolution No. 2010 -05 Page 5 of 14 Section 6. Selection of Bonds for Redemption; Notice of Redemption. (A) Selection of Bonds for Redemption. When the Bond Bank is the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in the Loan Agreement.. When the Bond Bank is not the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in this subsection (A). If the City redeems at any one time fewer than all of the Bonds of a series having the same maturity date, the particular Bonds or portions of Bonds of such series and maturity to be redeemed shall be selected by lot (or in such other manner determined by the Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City shall treat such Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal amount of a Bond is redeemed, upon surrender of such Bond at the office of the Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered. Owner, a Bond or Bonds of like series and maturity and interest rate in any of the denominations authorized herein. (B) Notice of Redemption. When the Bond Bank is the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be given as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be made as provided in this subsection (B). Notice of redemption shall be mailed not less than 30 nor more than 45 days prior to the date fixed for redemption by first class mail to the Registered Owners of the Bonds to be redeemed at their addresses as they appear on the Bond Register on the day the notice is mailed Notice of redemption shall be deemed to have been given when the notice is mailed as herein provided, whether or not it is actually received by the Registered Owners. All notices of redemption shall be dated and shall state: (1) the redemption date; (2) the redemption price; (3) if fewer than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office of the Registrar. Official notice of redemption having been given as aforesaid, Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date, such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as provided herein for the payment of interest. Upon surrender of any Bond for partial redemption, there shall be prepared for the Registered Owner a new New Text Underlined DELETED TEXT BRACKETED; -7- Resolution No. 2010 -05 Page 6 of 14 Bond or Bonds of the same series and maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. Each check or other transfer of funds issued to pay the redemption price of Bonds shall bear the CUSIP number, if any, identifying, by maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Section 7. Form of Bond. Each Bond shall be in substantially the following form, with such variations, omissions and insertions as may be required or permitted by this Resolution: New Text Underlined' [DELETED TEXT BRACKETED] -8- Resolution No. 2010 -05 Page 7 of 14 Year UNITED STATES OF AMERICA STATE OF ALASKA CITY OF KENAI (A Municipal Corporation of the State of Alaska) NO. GENERAL OBLIGATION BOND, 2010 SERIES Registered Owner Principal Amount The City of Kenai (the "City a municipal corporation of the State of Alaska, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or its registered assigns, the principal amount shown above in the following installments on of each of the following years, and to pay interest on such installments from the date hereof, payable on 2010 and semiannually thereafter on the days of and of each year, at the rates per annum as follows: Principal Interest Amount Rate When this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank payment of principal and interest shall be made as provided in the Loan Agreement between the Bond Bank and the City (the "Loan Agreement When this Bond is not owned by the Bond Bank, installments of principal and interest on this Bond shall be paid by check or draft mailed by first class mail to the Registered Owner as of the close of business on the day of the month each installment payment date; provided that the final installment of principal and interest on this Bond shall be payable upon presentation and surrender of this Bond by the Registered Owner at the office of the Registrar. Interest will be computed on the basis of a 360 day year consisting of twelve 30 -day months. Both principal of and interest on this Bond are payable in lawful money of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is one of the General Obligation Bonds, 2010 Series of the City of Kenai,•Alaska, of like tenor and effect except as to interest rate, serial number and maturity, aggregating in principal amount, and constituting Bonds New Text Underlined [DELETED TEXT BRACKETED[ 9 DOLLARS Resolution No. 2010 -05 Page 8 of 14 authorized for the purpose of paying the cost of library capital improvements in the City, and is issued under Resolution No. 2010 of the City entitled: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING THE CITY TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,000,000 TO PROVIDE FUNDS FOR THE PLANNING, DESIGNING, ACQUIRING PROPERTY FOR, AND CONSTRUCTING LIBRARY CAPITAL IMPROVEMENTS, FIXING CERTAIN DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE (the "Resolution Installments of principal of this Bond due on and after 20 shall be subject to prepayment on and after 20_, at the option of the City (subject to any applicable provisions of the Loan Agreement), in such principal amounts and from such maturities as the City may determine, and by lot within a maturity, at a redemption price equal to the principal amount to be prepaid, plus accrued interest to the date of prepayment. This Bond is transferable as provided in. the Resolution, (i) only upon the bond register of the City, and (ii) upon surrender of this Bond together with a written instrument of transfer duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and maturity shall be issued to the transferee in exchange therefor as provided in the Resolution and upon the payment of charges, if any, as therein prescribed. The City may treat and consider the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemplion price, if any, hereof and interest due hereon and for all other purposes whatsoever. This Bond is a general obligation of the City of Kenai, and the full faith and credit of the City are pledged for the payment of the principal of and interest on this Bond as the same shall become due. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the constitution or statutes of the State of Alaska and the home rule charter of the City to exist, to have happened or to have been performed precedent to or in the issuance of this Bond exist, have happened and have been performed, and that the series of Bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by said constitution, statutes or charter. IN WITNESS WHEREOF, THE CITY OF KENAI, ALASKA, has caused this Bond to be signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to be impressed or otherwise New Text Underlined' [DELETED TEXT BRACKETED' -10- Resolution No. 2010 -05 Page 9 of 14 reproduced hereon and attested by the manual or facsimile signature of its Clerk, all as of the day of 2010. ATTEST: Clerk [SEAL] Section 8. Execution. The Bonds shall be executed in the name of the City by the manual or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) shall be impressed or otherwise reproduced thereon and attested by the manual or facsimile signature of the City Clerk. The execution of a Bond on behalf of the City by persons who at the time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such person shall have ceased to hold office at the time of delivery of the Bond or shall not have held office on the date of the Bond. Section 9, Payment of Principal and Interest. The Bonds shall be payable in lawful money of the United States of America which at the time of payment is legal tender for the payment of public and private debts. When the Bond Bank is the Registered Owner of the Bonds, payment of principal and interest on the Bonds shall be made as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, installments of principal and interest on the Bonds shall be paid by check mailed by first class mail to the Registered Owner as of the record date for the installment payment at the address appearing on the Bond Register; provided that the final installment of principal and interest on a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner at the office of the Registrar. Section 10. Registration. The Bonds shall be issued only in registered form as to both principal and interest. The City designates the City Finance Director as Registrar for the Bonds. The Registrar shall keep, or cause to be kept, the Bond Register at the principal office of the City. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. The City and the Registrar may treat the person in whose name any Bond shall be registered as the absolute owner of such Bond for all purposes, whether or not the Bond shall be overdue, and all payments of principal of and interest on a Bond made to the Registered Owner thereof or upon its order shall be valid and effectual to satisfy and New Text Underlined• [DELETED TEXT BRACKETED] Mayor Resolution No. 2010 -05 Page 10 of 14 discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. Section 11. Transfer and Exchange. Bonds shall be transferred only upon the books for the registration and transfer of Bonds kept at the office of the Registrar. Upon surrender for transfer or exchange of any Bond at such office, with a written instrument of transfer or authorization for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, the City shall execute and deliver an equal aggregate principal amount of Bonds of the same series and maturity of any authorized denominations, subject to such reasonable regulations as the City may prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in connection with such transfer or exchange. All Bonds surrendered for transfer or exchange shall be canceled by the Registrar. Section 12. Bonds Mutilated. Destroyed, Stolen or Lost. Upon surrender to the Registrar of a mutilated Bond, the City shall execute and deliver a new Bond of like series, maturity and principal amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity satisfactory to it, the City shall execute and deliver a new Bond of like series, maturity and principal amount. The person requesting the execution and delivery of a new Bond under this section shall comply with such other reasonable regulations as the City may prescribe and pay such expenses as the City may incur in connection therewith. Section 13. Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the Bonds representing accrued interest on the Bonds shall be applied to pay a portion of the interest due on the Bonds on the first interest payment date for the Bonds. The sale proceeds of the Bonds representing original issue premium on the Bonds shall be applied to pay issuance costs of the Bonds, a portion of the interest due on the Bonds on the first interest payment date for the Bonds, or Costs of the Project, and shall be deposited in such manner, as the City Manager or the City Finance Director may deteuuine, The remaining sale proceeds of the Bonds shall be applied to pay Costs of the Project and issuance costs of the Bonds, and shall be deposited in the appropriate funds or accounts of the City for such purposes. New Text Underlined; !DELETED TEXT BRACKETED) -12- Resolution No. 2010 -05 Page 11 of 14 Section 14. Tax Covenants. The City covenants not to take or omit to take any action that if taken or omitted would cause (i) the interest on any Tax Exempt Bond to be includable in gross income for federal income tax purposes; (ii) any Build America Bond not to qualify as a Build America Bond; or (iii) any Recovery Zone Economic Development Bond not to qualify as a Recovery Zone Economic Development Bond. Without limiting the generality of the foregoing, the City covenants that it will make no use of the proceeds of the Bonds that would cause the Bonds (if they were Tax- Exempt Bonds) to be "arbitrage bonds" subject to federal income taxation by reason of Section 148 of the Code, and that it will not take or permit any action that would cause the Bonds (if they were Tax Exempt Bonds) to be "private activity bonds" as defined in Section 141 of the Code. Section 15. Amendatory and Supplemental Resolutions. (A) The Council from time to time and at any time may adopt a resolution or resolutions supplemental hereto, which resolution or resolutions thereafter shall become a part of this Resolution, for any one or more of the following purposes: (1) To add to the covenants and agreements of the City in this Resolution, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of curing any ambiguity or curing, correcting or supplementing any defective provision contained in this Resolution or in regard to matters or questions arising under this Resolution as the Council may deem necessary or desirable and not inconsistent with this Resolution and which shall not adversely affect the interests of the Registered Owners of the Bonds. Any such supplemental resolution may be adopted without the consent of the Registered Owner of any of the Bonds at any time outstanding, notwithstanding any of the provisions of subsection (B) of this section. (3) With the consent of the Registered Owners of not less than 60 percent in aggregate principal amount of the Bonds at the time outstanding, the Council may adopt a resolution or resolutions supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Resolution or of any supplemental resolution; provided, however, that no such supplemental resolution shall: (1) Extend the fixed maturity of any of the Bonds, or reduce the rate of interest thereon, or extend the time of payment of any installment of principal or interest from its due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the Registered Owners of each Bond so affected; or New Text Under d• [DELETED i EXT BRACKETED] -13- Resolution No. 2010 -05 Page 12 of 14 (2) Reduce the aforesaid percentage of Registered Owners of Bonds required to approve any such supplemental resolution without the consent of the Registered Owners of all of the Bonds then outstanding. It shall not be necessary for the consent of the Registered Owners of the Bonds under this subsection to approve the particular form of any proposed supplemental resolution, but it shall be sufficient if such consent approves the substance thereof. (C) Upon the adoption of any supplemental resolution under this section, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the City and all Registered Owners of outstanding Bonds shall thereafter be subject in all respects to such modification and amendment, and all the terms and conditions of the supplemental resolution shall be deemed to be part of the terms and conditions of this Resolution for any and all purposes. (D) Bonds executed and delivered after the adoption of any supplemental resolution under this section may bear a notation as to any matter provided for in such supplemental resolution, and if such supplemental resolution shall so provide, new Bonds modified so as to conform, in the opinion of the City, to any modification of this Resolution contained in any such supplemental resolution may be prepared by the City and delivered without cost to the Registered Owners of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. Section 16. Defeasance. In the event money and /or non callable Government Obligations maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any or all of the Bonds in accordance with their terms are set aside in a special trust account to effect such redemption or retirement and such moneys and the principal of and interest on such Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made to pay or secure the payment of the principal of and interest on such Bonds and such Bonds shall be deemed not to be outstanding. Section 17. Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond Bank as provided in the Loan Agreement. Subject to the limitations provided in Sections 2 and 4, each of the City Manager and the City Finance Director is hereby authorized to determine whether to issue the Bonds as Tax Exempt Bonds, Build America Bonds or Recovery Zone Economic Development Bonds, or as a combination thereof with each type of Bonds being issued in a separate series, the aggregate principal amount, maturity amounts, interest rates, yields, dated date, principal and interest payment dates, redemption terms, if any, for each series of Bonds, and other details of each series of Bonds; provided that the true interest cost of a series of Tax Exempt Bonds, if any, expressed as an annual rate, shall not exceed 5.0 percent, the true interest cost of a Series of Build America Bonds, if any, shall not exceed 7.5 percent, and the true interest cost of a Series of Recovery Zone Economic Development New Text Underlined. [DELETED TEXT BRACKETED] -14- Resolution No. 2010 -05 Page 13 of 14 Bonds, if any, shall not exceed 7.5 percent. In determining the maturity amounts, sinking fund installments, if any, interest rates, yields, and redemption terms, if any, for a series of Bonds, the City Manager or City Finance Director shall take into account those factors which, in his judgment, will result in the lowest true interest cost on the series of Bonds to their maturity, including without limitation current financial market conditions and current interest rates for obligations comparable in tenor and quality to the series of Bonds. Based upon the foregoing determinations, the City Manager and the City Finance Director each is authorized to execute the Loan Agreement, in substantially the form presented at this meeting. Section 18. Authority of Officers. The Mayor, the acting Mayor, the City Manager, the acting City Manager, the City Finance Director, the acting City Finance Director, the Clerk and the acting Clerk each is authorized and directed to do and perform all things and determine all matters not determined by this Resolution, to the end that the City may carry out its obligations under the Bonds, the Loan. Agreement and this Resolution. Section 19. Prohibited Sale of Bonds. No person, firm or corporation, or any agent or employee thereof, acting as financial consultant to the City under an agreement for payment in connection with the sale of the Bonds is eligible to purchase the Bonds as a member of the original underwriting syndicate either at public or private sale. Section 20. Designation of Tax- Exempt Bonds as Qualified Tax Exempt Obligations. The series of Tax Exempt Bonds, if any, plus the portion of the proceeds of the Reserve Fund Obligations that are used with respect to the series of Tax Exempt Bonds, are hereby designated as "qualified tax exempt obligations" in accordance with Section 265(b)(3) of the Code, and the City hereby covenants that during the calendar year 2010 it shall not issue or designate as "qualified tax exempt obligations" under Section 265(b)(3) of the Code an aggregate principal amount of tax- exempt obligations (other than tax exempt obligations described in Section 265(b)(3)(C)(ii) of the Code) exceeding $30,000,000. Section 21. Ongoing Disclosure. The City acknowledges that, under Rule 15c2 -12 of the Securities and Exchange Commission (the "Rule the City may now or in the future be an "obligated person" with respect to the Bond Bank Bonds. In accordance with the Rule and as the Bond Bank may require, the City shall undertake to provide certain annual financial information and operating data as shall be set forth in the Loan Agreement. Section 22. Miscellaneous. (A) All payments made by the City of, or on account of, the principal of or interest on the Bonds shall be made on the several Bonds ratably and in proportion to the amount due thereon, respectively, for principal or interest as the case may be. New Text Underlined' [DELETED TEXT BRACICETED) -15- Resolution No. 2010 -05 Page 14 of 14 (B) No recourse shall be had for the payment of the principal of or the interest on the Bonds or for any claim based thereon or on this Resolution against any member of the Council or officer of the City or any person executing the Bonds. The Bonds are not and shall not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the City, and do not and shall not create or constitute an indebtedness or obligation, either legal, moral or otherwise, of said state or of any political subdivision thereof, except the City. Section 23. Severability. If any one or more of the provisions of this Resolution shall be declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions of this Resolution and shall in no way affect the validity of the other provisions of this Resolution or of the Bonds. Section 24. Effective Date. This resolution shall become effective upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -16- PAT PORTER, MAYOR New Text Underlined' !DELETED TEXT BRACKETED] he tr of K v SNA CITY OF KENAI RESOLUTION NO. 2010-06 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE CITY AS A RECOVERY ZONE FOR THE PURPOSE OF ISSUING RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS. WHEREAS, the American Recovery and Reinvestment Tax Act of 2009 (the "Act enacted Section 1400U -2 of the Internal Revenue Code of 1986, as amended (the "Code which authorizes the issuance of Recovery Zone Economic Development Bonds; and, WHEREAS, under the Act and Internal Revenue Service Notice 2009 -50, issued on June 12, 2009, the Kenai Peninsula Borough (the "Borough has received a volume cap allocation in the amount of $4,877,000 for Recovery Zone Economic Development Bonds; and, WHEREAS, by Resolution 2010 -008 adopted January 19, 2010, the Borough allocated $2,000,000 of Recovery Zone Economic Development Bond volume cap to the City of Kenai (the "City and, WHEREAS, Recovery Zone Bonds are to be issued to finance certain expenditures in a "Recovery Zone," which the Act describes as an area within the City that the City designates as having, among other things, a significant level of one or more of the following factors: poverty, unemployment, home foreclosures, or general distress; and, WHEREAS, the Council finds that the entire City has a significant level of unemployment, and should be designated as a "Recovery Zone" in which expenditures may he made from the proceeds of Recovery Zone Bonds. NOW, THEREFORE, BT IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1, Characteristics of Recovery Zone. The Council hereby finds and determines that the Recovery Zone identified in Section 2 suffers from a rate of unemployment significantly greater than that of the State of Alaska as a whole. According to the Alaska Department of Labor and Workforce Development, Alaska's November seasonally adjusted unemployment rate was 8.5 percent, while the unemployment rate for the Borough was 11.6 percent. Section 2. Designation of Recovery Zone. Based upon its finding and determination that the conditions described in Section 1 are present in the Recovery Zone, the Council hereby designates the entire area within the jurisdictional boundaries of the City as a "Recovery Zone." New Text Underlined; [DELETED TEXT BRACKETED] -17- Resolution No. 2010 -06 Page 2 of 2 Section 3. Effective Date. This resolution shall become effective upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined ]DELETED TEXT BRACKETED] -18- PAT PORTER, MAYOR CITY OF KENAI RESOLUTION NO. 2010 -07 Suggested by: Mayor Pat Porter A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR THE PREPARATION, DISTRIBUTION AND PUBLICATION OF THE CITY COUNCIL AGENDA AND PACKET, INCLUDING PROVIDING DIRECTION REGARDING THE TIME AND RULES FOR TAKING PUBLIC COMMENT. WHEREAS, KWIC 1.15, Rules of Order, establish the City of Kenai's rules for the exercise of its legislative power and further provide for the adoption of policies and procedures to guide City administration in implementing those rules of order; and, WHEREAS, to assure that the business of the City is conducted in an orderly and open manner, it is in the best interests of the City of Kenai to establish policies for City administration to follow in preparation of the Council agenda for City Council meetings under KMC 1.15.040; and, WHEREAS, public participation is essential to good government and informed decision making by public officials and it is in the best interest of the City to formalize the times and process for hearing public comment and discussion on its City Council meeting agenda; and, WHEREAS, on July 1, 2009, the City Council approved of administrative policies and procedures to implement the City's Rules of Order in conjunction with Ordinance No. 2347 -2008, which ordinance made changes to KMC 1.15.040 -.050; and, WHEREAS, from time it time it is necessary to amend those policies and procedures to provide additional direction to City administration to implement the KMC 1.15.040. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that City of Kenai Administrative Policies and Procedures for the preparation, distribution, and publication of the City Council agenda and packet are hereby amended to read as set forth on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol L. Freas, City Clerk Ncw Text Underlined [DELETED TEXT BRACKETED -19- PAT PORTER, MAYOR Resolution No. 2010 -07 Attachment A ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET PREPARATION, DISTRIBUTION, AND PUBLICATION [AND LATE MATERIALS] ['ADMINISTRATIVE POLICIES AND PROCEDURES] A. Agenda Preparation and Format 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The City Clerk shall circulate a [A] draft agenda [SHALL BE CIRCULATED] to the Mayor, to [AND] other Council Members, and to the City Manager. [1]2. Scheduled Public Comment. The agenda shall include time f ^r scheduled public comment "Persons Scheduled to be Heard with an aggregate time of 20 minutes for all speakers. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard. AND] A person who desires to address the Council under Persons Scheduled to be Heard shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted ten (10) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing and state their name and address for the record. [THE REQUEST SHALL BE MADE TO THE CITY CLERK ON THE PRESCRIBED FORM, A MINIMUM OF EIGHT (8) DAYS IN ADVANCE OF THE COUNCIL MEETING.] The person may speak on any topic except jTHE CITY CLERK SHALL INFORM THE REQUESTOR THAT REQUESTS TO BE PLACED ON THE AGENDA TO ADDRESS THE FOLLOWING TOPICS SHALL NOT BE ACCEPTED]: a. [I]items scheduled for public hearing on [THE] that agenda[]; b. [P]personnel matters[], and, c. [I) tems upon which litigation involving the person or his /her representative and the City is currently pending. 3. she Wed Public Comment The agenda shall include time for unscheduled public comment "Unscheduled Public Comment with an aggregate time of 30 minutes for all speakers, Any member of the public may address the Council during the scheduled time, subject to the 30 minute aggregate time period. The speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: New Text Underlined; [DELETED TEXT BRACKETED] (est. 07/01/09; rev. 02 /03 /10)IJULY 1, 2009] -20- Resolution No, 2010 -07 Attachment A a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. items upon which litigation involving the person or his /her representative and the City is currently pending 4. Public Hearines Any member of the public may be heard at public hearings on resolutions and ordinances at the time designated on the agenda for the public hearing or as that time may be extended at the discretion of the Council. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak to the issue that is the subject of the public hearing. 5. Ci_ en Discussion. The agenda shall include time for citizen discussion "Discussion Any member of the public may be heard under an agenda section for "Citizens" under agenda item "Discussion." The speaker will be permitted five (51 minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic. B. Agenda and Council Packet Publication and Distribution [2] 1. Notice of the date, time and place, and [FINAL] of the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY PUBLICATION] shall be published in a newspaper of general circulation no later than three (3) days prior to each regular [THE] Council meeting. [312. Notice of the date, time and place, and [FINAL] of the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY POSTING TO] shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular [THE] Council meeting. [4]3. The City Clerk shall post a copy of the meeting packet to the City's web site and shall also provide a copy of the packet to the Kenai Municipal Library, no later than six (6) days prior to each regular [THE] Council meeting. [5]4. Any [MEMBER OF THE PUBLIC OR] person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical [6]5. "Dad" [WILL BE CONSIDERED] is a calendar day. [7.] The day of posting and /or publication and the day of the [c]Council meeting each shall be counted for the purpose of computing compliance with the posting and publication [ESTABLISHING] deadlines. New Text Underlined; [DELETED TEXT BRACKETED] Jest. 07/01/09; rev. 02 /03 /101[JULY 1, 2009] -21- Resolution No. 2010 -07 Attachment A C. Special Meetings The agenda format, posting, publication and public participation policies set forth in sections A and B, above, do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable. The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs fat through (d) of KMC 1.15.040. The agenda for a special meeting will not include time for Persons Scheduled to be Heard, Unscheduled Public Comment or Discussion (Citizen) unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adoption of ordinances and resolutions. New Text Underlined; [DELETED TEXT BRACKETED] (est. 07/01/09: rev. 02 /03 /101[JULY 1, 2009] -22- the crt of KENAI, ALASKA MEMO: TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attorney fr DATE: January 28, 2010 RE: Resolution 2010 -07 "Village with a Past, Ge with a Future" uwe.vaar I I II 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 In your packet is proposed resolution 2010 -07 amending the policies and procedures for administration in preparation, distribution, and publication of the Council agendas. These policies provide guidance to City administration to put into effect the rules of order in KMC 1.15.040. The attachment for the resolution, Attachment A, is typed in legislative style as is the City's custom when amending existing codes, regulations, and policies. For ease of reading, I have enclosed a "clean" version of Attachment A. Resolution No. 2010 -07 Attachment A ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET PREPARATION, DISTRIBUTION, AND PUBLICATION A. Agenda Preparation and Format 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to other Council Members, and to the City Manager. 2. Scheduled Public Comment. The agenda shall include time for scheduled public comment "Persons Scheduled to be Heard with an aggregate time of 20 minutes for all speakers. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard." A person who desires to address the Council under Persons Scheduled to be Heard shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted ten (10) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. items upon which litigation involving the person or his /her representative and the City is currently pending. 3. Unscheduled Public Comment. The agenda shall include time for unscheduled public comment "Unscheduled Public Comment') with an aggregate time of 30 minutes for all speakers. Any member of the public may address the Council during the scheduled time, subject to the 30 minute aggregate time period. The speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. items upon which litigation involving the person or his /her representative and the City is currently pending. 4. Public Hearines. Any member of the public may be heard at public hearings on resolutions and ordinances at the time designated on the agenda for the public hearing or as that time may be extended at the discretion of the Council. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to (est. 07/01/09; rev. 02/03/10) New Text Underlined; [DELETED TEXT BRACKETED] -24- Resolution No. 2010 -07 Attachment A speak shall identify themselves in writing and state their name and address for the record. The person may speak to the issue that is the subject of the public hearing. 5. Citizen Discussion. The agenda shall include time for citizen discussion ("Discussion Any member of the public may be heard under an agenda section for "Citizens" under agenda item "Discussion." The speaker will be permitted five (5) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic. B. Agenda and Council Packet Publication and Distribution 1. Notice of the date, time and place, and of the agenda for each regular Council meeting shall be published in a newspaper of general circulation no later than three (3) days prior to each regular Council meeting. 2. Notice of the date, time, and place, and of the agenda for each regular Council meeting shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular Council meeting 3. The City Clerk shall post a copy of the meeting packet to the City's web site, and shall also provide a copy of the packet to the Kenai Municipal Library, no later than six (6) days prior to each regular Council meeting 4. Any person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical. 5. "Day" is a calendar day. The day of posting and /or publication and the day of the Council meeting each shall be counted for the purpose of computing compliance with the posting and publication deadlines. C. Special Meetings The agenda format, posting, publication, and public participation policies set forth in sections A and B, above, do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable. The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The agenda for a special meeting will not include time for Persons Scheduled to be Heard, Unscheduled Public Comment, or Discussion (Citizen) unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adoption of ordinances and resolutions. (est. 07/01/09; rev. 02/03/10) New Text Underlined [DELETED TEXT BRACKETED] -25- BIDDER TOTAL BID Alaska Excavating 822,300.00 Twin Peaks Construction $1,606,050.00 South Central Construction, Inc. 712,830.00 North Star Paving 619,580.00 Foster Construction 945,625.00 GMC Contracting 735,321.37 Wolverine Supply, Inc 696,900.00 Peninsula. Construction $1,278,252.50 ENGINEER'S ESTIMATE 765,750.00 KENAI Hp CITY OF KENAI RESOLUTION NO. 2010 -08 Suggested by: Administration A RESOLUTION OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO NORTHSTAR PAVING AND CONSTRUCTION, INC. FOR THE PROJECT ENTITLED LAWTON DRIVE WATER MAIN EXTENSION 2010 FOR THE TOTAL AMOUNT OF $619,580.00. WHEREAS, the following bids were received on January 28, 2010: and, WHEREAS, North Star Paving Construction, Inc. 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 North Star Paving Construction, Inc. for the total cost of $619,580.00; and, WHEREAS, sufficient monies are appropriated NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled Lawton Drive Water Main Extension Project 2010 is awarded to North Star Paving Construction, Inc. for the total amount of $619,580.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 -26- PAT PORTER, MAYOR arc ufy of KENAv ALASKA Rick, "Village with a Past, a with a Fture" 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO s N DUM Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: January 28, 2010 SUBJECT: AWARD OF CONTRACT; Lawton Drive Water Main Extension Project 2010 This project will extend water service across the wetlands from the Swires Street Lawton Drive intersection to near the Togiak Street Aleen Way intersection by installing 6,250 feet of water main. This is the first phase in a multiphase project to upgrade the tie in from Well House 2 to the main line. This project is funded by a 50% Alaska Department of Environmental Conservations Municipal Matching Grant and the City of Kenai's water and sewer fund. On January 28, 2010 bids for the project were opened and 8 bids were received. These bids have been reviewed and it has been determined that North Star Paving Construction, Inc was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to award the project: The attached is Resolution 2010 -08 recommending award of the contract to North Star Paving Construction, Inc. for the total cost of $619,580.00. -27- Pizza Hut #9, Licens Frate Ame Upp s¢' ck, License rt Supercenter February 4, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RENEW At its regular meetin renewal of the liqu based on unpaid t If you ha CITY OF Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) -28- ai City Council considered the following and raised no objections to the renewals ns of the premises to the City. staurant /Eating Place Club 80 Club Beverage Dispensary- Tourism 4878 Package Store e confact me at 283 -7535, extension 231. January 25, 2010 Ms, Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #44878 Dear Ms, Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Packaee Store Wal-Mart Supercenter4474 Lic #4878 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Joh.ni Blankenship CMC Borough Clerk Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street e Soldotr.a, Alaska 99669 -7520 PHONE: (907) 714-2160 a FAX: (907) 714 -2388 Toll -free within the Borough: 1 -800 -478 -4441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, CMC BOROUGH CLERK _29_ January 25,2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #2596 Dear Ms, Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Restaurant/Eatin Place Pizza Hut #9 License 42596 The Kenai Peninsula Borough Finance Department has based on unpaid or delinquent taxes. Sincerely, Johns Blankenship CMC Borough Clerk c: Applicant City of Kenai KPB Finance Depot unent File KENAI PENINSULA. BOROUGH 144 North Binkley Street e Soldotna, Alaska 99669 -7520 PHONE:. (907) 714-2160 m FAX: (907) 714 -2388 Toll -free within the Borough: 1 800 478 4441, Ext 2160 EMAIL.: assemblyclerk@borough.kenal.ak.us JOHNI BLANKENSHlP. CMC BOROUGH CLERK -30- viewed its files and has raised no objection January 25, 20R) Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: 4337 Dear Ms, Williams: Club Eagles 43525, Fraternal Order of License #337 Sincerely, Jolmi Blankenship CMC Borough Clerk c: Applicant City ofKenai KPBFinance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1 -800- 478 -4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak us JOHN! BLANKENSHIP, CMC BOROUGH CLERK Please be advised that the Kenai Peninsula Borough has reviewed the following Liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. -31- January 25, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the fallowing liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Beverage Dispensary- Tourism Upper Deck #2993 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Kenai K Finance Department File KENAI PENINSULA BOROUGH 144 North Einkley Street m Soldotne, Alaska 99659 -7520 PHONE: (907) 714 -2160 0 FAX: (907) 714 -2388 Toll -free within the Borough: 1 -80G -478 -4441, Ext 2160 EMAIL: assernblyclerkC bcrough.kenataKus ,k OHM BLANKENSHIP. BOROUGH CLERK cense -32- 2993 January 25, 2010 Ms. Dawn Holland-Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #1380 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Cl American Legion Post #20 License #1380 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, ohni Blankenship CMC Borough Clerk Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669-7520 PHONE: (907) 714 -2160 e FAX: (907) 714 -2388 Toll -free within the Borough: 1 -800 478 -4441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak-us JOHN1 BLANKENSHIP. CMC BOROUGH CLERK -33- ITEM A: CALL TO ORDER AGENDA 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: 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 Am.ount 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. ITEM F: UNFINISHED BUSINESS -34- Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals (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 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. 4. Approval Commission /Committee Term Reappointments 5. Discussion Council Liaison Commission /Committee Appointments 6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees 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 -35- 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 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT -36- Joe Moore (telephonic) Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: ADD TO: ADD TO: KENAI CITY COUNCIL REGULAR MEETING JANUARY 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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. ROLL CALL A quorum was present. It was noted Council Member Moore was participating telephonically from Ha Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: ITEM D -2, Resolution No. 2010 -01, the substitute. 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. ADD TO: ITEM G -2, Purchase Orders Exceeding $15,000 Increase of existing purchase order Nelson Associates ITEM G -5, Discussion /Council Liaison Commission/ Committee Appointments Communication from Kenai Convention Visitors Bureau, Inc. -37- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 2 MOTION: Council Member Smalley MOVED for approval of the agenda with the additional information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: None. ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) Paul Morrison, 805 Auk Avenue, Apt #12, Kenai Started to speak with regard to the Climate Change Compact. A point of order was requested by Council Member Boyle, noting he believed discussing the Compact at that point on the agenda would be inappropriate as the resolution had not been advertised for public hearing and discussing it at that time would be unfair to others who did not attend the meeting because a public hearing was not advertised. Discussion followed during which City Attorney Stearns advised Council Member Boyle raised a point of order, which did not require a second, required a ruling of the Chair, and was not debatable. Mayor Porter stated she would allow public testimony to continue on the issue. MOTION TO APPEAL THE RULING OF THE CHAIR: -38- Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes M oore Yes Eldridge Yes Marquis I No Molloy No Boyle No Porter j Yes Smalley No KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 3 Council Member Boyle MOVED whether the body stood behind the ruling of the Chair Steams advised the motion was close to the code wording to appeal the ruling of the Chair, the motion was not debatable, a majority vote would be needed to support the decision of the Chair, and, an affirmative vote would be to go forward with comment and a negative vote would be to not allow public comment on the issue at Unscheduled Public Comment. VOTE ON THE APPEAL: Student Representative Johnson: No MOTION FAILED. MOTION TO SUSPEND THE RULES /POSTPONE RECONSIDERATION: Council Member Molloy MOVED to suspend the rules regarding reconsideration of Resolution No. 2009 -68 so that Council postpones Resolution No. 2009 -68 for a properly noticed additional public hearing at the next meeting, January 20, 2010, so that the public hearing is reopened and additional public comment can be taken. All written emails, resolutions and memos received since the December 16, 2009 meeting can be included in the public record on this resolution. Council Member Boyle SECONDED the motion, Stearns advised, the motion was non debatable. VOTE: Student Representative Johnson: Yes MOTION PASSED. It was noted, Resolution No. 2009 -68 would be included on the January 20, 2010 council meeting agenda with an additional advertised public hearing. -39- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 4 BREAK TAKEN: 7:35 P.M. BACK TO ORDER: 7:45 P.M. Council Member Moore stated his objection to not allowing public comment on the issue and ended his telephonic participation. Council Member Molloy explained his actions with the motion to suspend the rules and postpone the reconsideration of Resolution No. 2009 -68, noting he believed to allow comment on Resolution No. 2009 -68 at "Unscheduled Public Comment' would have been a public hearing on the issue without a public hearing having been advertised. The passage of the motion would insure the public to be able to speak to the issue during a properly advertised public hearing and would include all materials received on the issue to be a part of the record. Council Member Smalley apologized for any misunderstanding or misconception of the public and noted, public comment could be given on any subject, whether on the agenda or not, at the end of the meeting at which time each person would have five minutes in which to speak. The public hearing scheduled for January 20, 2010 would allow everyone to come and speak. Council Member Eldridge stated he felt it appropriate that public comments should have been taken on any subject. ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 2460 -2009 Increasing Estimated Revenues and Appropriations by 8214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program Council Member Eldridge MOVED for adoption of Ordinance No. 2460 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Student Representative Johnson: Yes -40- Moore Absent Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 5 MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2010 -01 Approving a Contract to for the Project Entitled Bridge Access Water and Sewer 2009 for the Total Amount of D -2a. 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 $3,218,000.80. MOTION: Council Member Eldridge MOVED to adopt Resolution No, 2010 -01, the substitute and requested UNANIMOUS CONSENT. Council Member Smalley 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 -3. MOTION: 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. Council Member Eldridge MOVED for the adoption of Resolution No. 2010 -02 and requested UNANIMOUS CONSENT. Council Member Smalley 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. S ORDERED. -41- Moore Absent Eldridge Yes Marquis j Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 6 ITEM E: MINUTES E-1. agenda. ITEM F: UNFINISHED BUSINESS F -1. (Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the previous postponement to January 6, 2010.) City Manager Koch explained the extension request was time certain in returning to council for consideration. However, administration had not been able to fully discuss the issue with the lessor but would be able to do so within 30 -45 days. MOTION: Regular Meeting of December 16, 2009 Approved by consent Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals Council Member Boyle MOVED to table the request for extension of construction schedule for Lot 14, Block 1, Cook Inlet Industrial Air Park with a status report at every meeting. Council Member Marquis SECONDED the motion. VOTE ON TABLING MOTION: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. F -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.) -42- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 7 Item was postponed at the beginning of the meeting to the January 20, 2010 council meeting. ITEM G: G -1. MOTION: VOTE: 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 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. G-3. Ordinance No. 2461-2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. Introduced by approval of the consent agenda. G -4. Approval Commission /Committee Term Reappointments Referring to information included in the packet, Mayor Porter stated she wanted to reappoint the following commission /committee members: Bill Osborn Harbor Commission Tricia Canady Beautification Committee Marilyn Dimmick Beautification Committee Jim Zirul Airport Commission Henry Knackstedt Airport Commission -43- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 8 MOTION: Jim Bielefeld Airport Commission Lois Mae Nelson Council on Aging Phil Bryson Planning Zoning Commission Roy Wells Planning Zoning Commission Council Member Smalley MOVED for approval of the continuation of terms suggestions on various commissions and committees and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion, VOTE: There were no objections. SO ORDERED, Mayor Porter requested a letter thanking Leah Stanford for her services to the Beautification Committee be prepared and noted she would seek applicants for other openings on the commissions and committees, G -5. Discussion Council Liaison Commission /Committee Appointments Discussion followed related to whether council wished to continue council liaison appointments to commissions /committees of contractors to the city, i.e. Kenai Convention Visitors Bureau (KCVB), Boys Girls Club, etc. Council comments included: There had been a liaison to the KCVB Board since its inception and a memo added to the packet earlier in the meeting indicated the Board's wish for a liaison position to continue. Desire to not have liaisons to contractors' boards as it was felt the lack of a liaison would be helpful to the independence of those boards. Belief it would be appropriate to have the city manager interact with the contractors and not have a liaison, Question of why there had been a liaison assigned to the KCVB and not the Boys Girls Club. Answer given was one was never established with the Boys Girls Club. Responsibilities and involvement of the city with regard to the KCVB is different than other contractors. Request of Clerk to investigate the history of liaison appointments to the KCVB and report back at the January 20, 2010 council meeting. Depending on desire of council, a code change could be required. Liaisons could be staff members instead of council members. -44- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 9 G -6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease. City Manager Koch explained the lease amendment was a housekeeping issue, i.e. a portion of the leased property, owned by the city, would be used for the bridge access road water /sewer project. The amendment to the lease would remove that portion of the property from the lease. There would be no reduction in lease payments as the old lease cost was set at a figure much less than what would be current fair market value. MOTION: Council Member Smalley MOVED for approval of the amendment to lease to Salamatof Seafoods, Inc. Dock and Adjoining Lease pursuant to the recommendations of City Manager Koch in his memorandum. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting would be held on Thursday, January 14, 2010. H -2. Airport Commission No report. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held on January 11, 2010. Smalley stated he would be unable to attend and Mayor Porter stated she would attend. H -4. Library Commission Council Member Marquis reported on the meeting held Tuesday, January 5, 2010. H -5. Parks as Recreation Commission It was noted the next meeting would be held on January 7, 2010. H -6. Planning Zoning Commission Council Member Molloy reported the next meeting would be held on Wednesday, January 13, 2010. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No report. -45- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 10 H -7b. Alaska Municipal League Report Council Member Smalley reported he would be traveling to Washington, DC with other AML Board of Directors for training and meetings. The trip would be sponsored by AML and there would be no cost to the city. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Es Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions taken by the Assembly at its January 5, 2010 meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: There would be a reception for Governor Parnell at the Visitors Center on Monday, January 11, 2010 sponsored by the city. She, Koch and Council Member Molloy were working with other city residents related to preparation of an All- America City application. Thanked the Parks Recreation Department for the Christmas decorations in the parks, etc. Was pleased to read the Fire Department had applied for a grant to fund costs to hire three additional firefighters. She attended the Don Young open house. She attended the Alumni Hockey game. She and Koch met with the manager of Wal -Mart. They were informed the grand opening was scheduled for early morning of March 31, 2010. Requested an overview of playgrounds be prepared and include needs for improvements or new playgrounds. Reminded Koch of the request for a new podium. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: The All- America City working group have discussed ideas and agreed to apply next year in order to complete some current projects and allow more time to prepare the application. It was suggested one person from the city travel to Kansas City to attend the All- America presentations this year. To find a suitable solution, he would be contacting property owners who were pushing snow onto and were trespassing city property. Requested council to forward suggestions for projects in order to consider them in the upcoming budget process. Reported he would be meeting with Governor Parnell on Monday and with Office of Budget Management personnel on Tuesday. -46- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 11 Reported a presentation by Brad Smith, National Marine Fisheries Services would be held on Thursday, January 14, 2010 at the Kenai Central High School auditorium, Noted the Administrative Budget Transfers information would continually be included as a Information Item No. 2 in the packet. Consultants were working on testing water color. Kenai Central High School would be the host team for the Regional Hockey Tournament. Comments of council included: Thank you to city crews for keeping the streets in good shape. A citizen asked why the graders did not lift gates when plowing close to fire hydrants to avoid burying the hydrants Thanked the crews for clearing sidewalks in the city. Citizen contact stated concern the fire hydrants on Lawton Drive were buried in snow. J -2. Attorney City Attorney Stearns reported: She was considering attendance at an Endangered Species Act continued education seminar. She received a notice of payout on the KCVB building radiant heating class action case. It was expected the payoff would be completed by July. She was investigating collection matters. Porter suggested reminders be forwarded to those commission /committee members who meet on a quarterly basis prior to packets being sent. J -3. City Clerk Clerk Freas reminded Council of the Board of Adjustment Hearing scheduled for January 21, 2010, beginning at 6:30 p.m. She noted, the infoi illation packets for the hearing were available in their office mailboxes. ITEM K: DISCUSSION K -1. Citizens (five minutes) Barbara Rudman, 1109 Colonial Drive, Kenai Commented on the Compact and referred to an article she submitted in which the writer expressed his disbelief of climate change. Mike Mendenhall, 4700 Sockeye Circle, Kenai Stated he would be out of town on January 20 and encouraged Council to remove the City of Kenai as a signatory to the Compact. It was noted, the council had riot signed onto the Compact because the resolution had been scheduled for reconsideration and that Mendenhall's comments would be made a part of the record. -47- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 12 Susan Smalley, 105 Linwood Lane, Kenai Stated she agreed with evaluating the playgrounds and need for additional playgrounds in the city; she noted there were two sides and many facets to the discussion of the Compact; and, noted the need for respecting each other's opinions. Heidi Chay, 3306 Cetacea Lane, Kenai Agreed with the need to respect opinions, the Compact was a difficult issue; proposed to postpone action and hold public hearings on what people could do in the city and households, without discussing cap and trade, and focus on what could be done that reflected climate changing and envisioning the economy after oil. Dennis Gifford, 312 Rogers Road, Kenai Stated he felt the message was overlooked; did not disagree about reduction of CO2 emissions; did not think the Compact represented the area; there was a need to include more stakeholders, including industry, in the discussions; and opposed the resolution supporting the Compact. Mike Beck, 406 Lawton Drive, Kenai Commended Molloy for the resolution; felt the resolution was fairly presented; and, agreed with everything in it except the cap and trade. Mark Schrag, 312 Princess Lane, Kenai Stated he appreciated the comments, thought the postponement was the best solution, and felt collaboration would bring the best solution. Jackie McGahan, 517 Maple Drive, Kenai Stated he appreciated the ability to discuss and comment and felt the Compact and cap and trade would be detrimental to the community. Kate Vey, 34506 Commerce Street, Soldotna Thanked Molloy for presenting the resolution; would like to have the Compact passed but felt there was need to discuss it; felt renewable energy development important; wanted to keep the dialog open; and, supported the Compact resolution. MOTION: Council Member Molloy MOVED to add to the record of the public hearing, or the series of public hearings that may be held on the issue, the testimony of all those who gave public comment at this time (to be part of what council would consider). Council Member Smalley SECONDED the motion. Council Member Eldridge requested UNANIMOUS CONSENT. VOTE: -48- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 13 There were no objections. SO ORDERED. A request was made for all the testimony to be placed on the webpage under "hot topics." K -2. Counci Smalley Thanked the public for staying and speaking at the end of the meeting and added, regardless where one was on the issue, being able to speak was what democracy was about. Hopefully, the dialog that was held and would be held would work toward a solution. Eldridge Thanked the people for attending and he appreciated the input and added the importance of the oil industry to the community and how the industry impacted the state. Reminded all of the economic development forum to be held on January 14 -15. Johnson Thanked the public for attending and stated she was impressed by the testimony presented. Marquis Thanked the public for speaking and felt there were good points made on both sides. He apologized for the confusion as a public hearing had not been advertised. He voted against taking public testimony because he wanted to see the issue on the record with all people notified. Molloy Stated reconsiderations were not done often; felt there were really good comments given at the end of the meeting which was very informative; reminded all there would be an additional public hearing on January 20, 2010; and more information had been submitted since December 16 that the public had not been able to review. Thanked all for their patience. Boyle Apologized for the confusion; the government needed to operate under strict rules; it was not his intent to restrict people from speaking; the motion to postpone would allow people to speak; and, it was council's responsibility to uphold the rules to be fair to everyone. Referred to information included in the packet related to costs involved for a wind energy project for a city building. Porter Stated she did not do anything wrong at the beginning of the meeting; she conducted the meeting as normally conducted; she consulted with the city attorney; when the city clerk made the recommendation to not allow this to happen, that it was not in the code; it was not in the code that it could not be done; what she did was not -49- KENAI CITY COUNCIL MEETING JANUARY 6, 2010 PAGE 14 illegal; and, she did nothing that was incorrect. Thanked all for coming and added, if more information was received, it would be helpful for council's deliberations. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:02 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the 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. -50- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: wav✓. 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 normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses. 2. Paul D. Morrison. Patriotism /Free Speech ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. 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 was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/ 16/ 09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) -51- 3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. 4, *Liquor License Renewal George's Casino Bar ITEM E: MINUTES 1. *Regular Meeting of January 6, 2010. ITEM F: UNFINISHED BUSINESS 1. Discussion Council Liaison Commission /Committee Appointments ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees 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 -52- 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT _53_ Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor Joe Moore ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: ADD TO: ADD TO: KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL MINUTES 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 quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: D -2, Resolution No. 2009 -68 1/19/10 Comments of Susan Smalley. 1/19/10 J. Blankenship email transmission with copy of Kenai Peninsula Borough Resolution No. 2010-002/Rescinding KPB Resolution 2009 -05. 1/19/10 Kevin Robin Dix email transmission 1/20/10 William Lois Nelson email transmission 1/20/10 Jenifer Lockwood email transmission 1/20/10 Celia Anderson email transmission D -3, Resolution No. 2010 -03 R. Frates Memorandum related to Marathon Park Master Site Plan -54- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 2 REMOVE FROM CONSENT AGENDA: ADD AS: MOTION: Council Member Smalley MOVED for approval of the agenda with the listed changes and Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Item E -1, January 6, 2010 Council Meeting Minutes, to the next meeting Council Member Eldridge SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. VOTE ON MOTION TO POSTPONE: There were no objections. SO ORDERED. MOTION: Council Member Smalley MOVED to approve the consent agenda as amended. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. Item E-1, January 6, 2010 Kenai City Council Meeting Minutes Correction to page 3, Vote on the Appeal. Information Item 9, Draft Amendments Agenda and Packet /Preparation, Distribution, Publication and late materials /Administrative Policies and Procedures Council Member Moore apologized to Administration and the public for his comments made at the last council meeting. -55- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 3 ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses. Mr. Zak stated his address as 2525 Sterling Highway, Homer. Zak reviewed services provided by the Alaska Small Business Development Center, noted the Center receives funding through the federal government, and the Center services were free except some workshop materials. B -2. Paul D. Morrison Patriotism /Free Speech Mr. Morrison gave his address as 805 Auk Avenue, Kenai and discussed freedom and reviewed written information provided in the council packet. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mark Schrag, 312 Princess Lane, Kenai Thanked council for keeping the discussion related. to Resolution No. 2009 -68 open; thanked Council for the apologies related to inconvenience and accommodation of the public; and, hoped civil dialog would continue during the meeting. Tim Navarre, 608 Ponderosa, Kenai Referencing the January 6, 2010 council meeting, suggested changes to the council meeting agenda and commented on parliamentary procedure related to suspension of the rules. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 24.61 -2010 Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. Council Member Eldridge MOVED for adoption of Ordinance No. 2461 -2010 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: Cost of survey seemed like a lot. Question of whether raising rates was appropriate when water quality standards were not being met. -56- Eldridge Yes Marquis No Molloy No Boyle No 1 Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 4 Suggestion the cost be discussed during the budget process. The Alaska Department of Environmental Conservation (ADEC) liked rate studies performed on a five -year basis. The information would be helpful in acquiring grant funds for the Bridge Access water line project. Additionally, a rate increase would be a council decision. Having the rate study completed would allow use of the information in the grant application. Support of the study. The $34,000 cost was provided by the engineering firm who did the last rate study. Difficult time to increase the rates and may be appropriate to poll the public to learn if there is interest in ordering a rate study. Suggestion made to postpone the issue, however it was pointed out the information would then not be available for the grant application and without the info, ui.ation, the city's application would have points deducted. The study would be used as a planning tool and there would be no discussion of rate increases during the upcoming budget process. Discussion of a rate increase would not take place until the 2011 process, if at all. VOTE: *Student Representative Johnson: Yes MOTION PASSED. D -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 was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/16/09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) The floor was opened to public hearing. -57- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 5 Justin Broyles, 222 Susieanna Lane, Kenai Stated his opposition to the City's support the Compact and preferred council to vote the resolution down at this meeting. Paul Morrison, SO5 Auk Avenue, Kenai Questioned who was the head of the organization, what would be the cost to the city if it signed on to the Compact, etc. and stated his opposition to the resolution. Dennis Gifford, 312 Rogers Road, Kenai Stated his appreciation for the support of the Compact as the motives were good; his company was working hard to lower CO2 levels; the Compact was not a business plan; the city resolution would not save the Compact; did not believe anyone would see the city's resolution; there were not enough stakeholders involved in developing the Compact; and, believed the resolution needed to be defeated. David Lee, 345 Dolchok Lane, Kenai Spoke in opposition to the resolution, noting the amendments to the resolution would not be read, but only noted the City of Kenai was a signor to it. Charlie Jones, 2730 Set Net Court, Kenai Stated he believed the compact was too generic; there were a lot of jobs weighing on the Compact; believed signing it would give away the City's voice; it would be better to be more environmentally prepared locally; and believed the resolution should be defeated. Scott Griffith, 51545 Blockade Glacier Road, Kenai Stated his support to rescind the resolution; was concerned the effect the cap and trade would have on the area; the state was very dependent on the gas and oil industry; and, encouraged council to vote on the issue and rescind. Heidi Chay, 37306 Cetacea Lane, Kenai Stated she believed the discussion had gone off tract; believed the city should take specific action, i.e. promote energy efficiency, economic and renewable energy; and, encouraged council to keep the resolution on the table because it would give more motivation to take from it something new and add to be of broader support. Susan Smalley, 105 Linwood Lane, Kenai Referred to information distributed to council at the beginning of the meeting which included comments from industry websites and stated she did not recommend passing or failing the resolution, but was hopeful council would remain committed to doing some from now and into the future. Alan Parks, 65055 nearly Level Road, Homer Stated he worked for the Alaska Marine Counsel, was a commercial fisherman, etc.; believed council was doing a great job in discussing the options; stated the Compact was not an endorsement of cap and trade; the Compact directed revenues to come back to the communities; and, -58- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 6 encouraged council to discuss the issue in a respectful, and meaningful way to create a process to move forward. Ken Cox, 47204 Lexington Court, Kenai Stated he believed the Compact was tied to cap and trade; if council would pass the resolution, the message would be the community was supporting it; and, encouraged council to vote the resolution doism and protect the U.S. businesses. Laura Sievert, 33290 Beaver Loop Road, Kenai Encouraged Council to either approve the resolution or postpone it; believed the Compact had some good points; was the job of government to look ahead; the Compact spoke directly to looking for alternative energies, etc.; and, hoped conversation would continue on a local level. Zak Moore, 808 Auk Avenue, Kenai Stated he was a junior in high school and looked forward to returning to the area after college and was concerned career opportunities for him would be less if the oil industry would move out to another country. Jonathan Mann, 333 Keystone Drive, Soldotna Stated he was a student at Kenai Peninsula College and a member of the Sustainability Club there; noted he believed all people should be getting involved in consideration of energy efficiency, etc.; and, believed discussion on the resolution needed to continue. Tim Navarre, 608 Ponderosa, Kenai Believed the resolution should be voted down; if voted down, it would not be saying climate change was not occurring; suggested starting with a new resolution from the community; and, a resolution could be amended, but the Compact could not. Pete Goggia, 33333 Community College Drive, Soldotna Believed all agreed there was a need to explore renewable energy; believed the federal government and others wanted to penalize the oil industry; and, believed in a free market, renewable energy sources would be developed. Mark Schrag, 312 Princess Lane, Kenai Stated he believed climate change was occurring; believed opposition to the resolution was due to economic concerns; did not agree with the unwillingness to acknowledge changes; and, added, change was coming, so work with it. Christa Timlin, 48395 Johns Road, Soldotna Stated she appreciated the city's efforts in discussing and considering the resolution; was concerned if the resolution failed, starting over would not happen; hoped, whatever the outcome of the resolution, the city would continue to encourage the community to be involved in the discussion; hoped some of the strong language in the Compact would not be lost, especially -59- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 7 collaboration with other coastal communities; and, believed the Compact would be more powerful if the communities worked together Kevin Dix, 306 Princess Lane, Kenai Requested council withdraw support of the resolution and the Compact; stated he opposed the resolution because it supported cap and trade and thought it would be very dangerous for the Peninsula and country's economy; believed it was important to vote the resolution down at the meeting and encouraged more discussion and work sessions. Rodney Hobby, 36125 Ebb Tide Drive, Kenai Stated he was a marine biology student at Kenai Peninsula College; sources of information needed to be creditable; had seen change on the Peninsula, including weather; there was a need to begin addressing the problems; and, believed discussions on climate change needed to continue. Dustin Blum, 303 McKinley Street, Kenai Stated his opposition to the resolution, wanted council to vote on it and vote it down, and, did not believe signing the Compact would fix anything. Kate Vey, 34506 Commerce Street, Soldotna Referred to her association with Kenai Resilience, "A group gathering and celebrating Local skills, knowledge and resources toward cultivating a more sustainable community'; stated she believed the Compact was making a lot of people uncomfortable but was also motivating people to discuss it; believed it would be okay to vote the resolution down, but would not want to lose the Compact as a motivator; and, distributed information related to Kenai Resilience. BREAK TAKEN: 9:00 P.M. BACK TO ORDER 9:06 P.M. Jim Tapley, 406 Portside Drive, Kenai Stated he felt the resolution was moving against the oil and gas industry; concerned oil and gas industries would pull out if industry pulled out, it would move to other countries with less environmental restrictions, and felt the vote should go forward on the resolution, vote it down, and start with a new resolution. There being no one else wishing to speak, the public hearing was closed. Council comments included: Reminder the question was whether to be a signor on the Compact; when a signor, the document would be taken to governmental entities whose goals would not be the same as industry; the City did not need to be a part of a group to have an opinion; concerned who the messenger would be and what message it would represent; felt it was time to defeat the resolution and start fresh; if defeated, -60- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 8 Administration could be directed to arrange a town hall meeting and use a facilitator to take information to assist in writing a new resolution; and, would not support the Compact or postponement of the resolution. It was not the intent of bringing the resolution forward for it to be so divisive; the City had not ever been a signatory to the Compact because the matter had been reconsidered; believed additional public process was needed; suggested a 120 day postponement during which time a substitute or replacement resolution could be prepared for consideration identifying action steps all could support; and, postponing the issue would allow time to discuss how to move forward, recognizing being a signatory to the Compact would be moot. The Tri- Borough Commission reference had been included in the resolution; the City had not become a signatory to the Compact; all had learned a lot through comments and information provided; did not want to throw out the resolution because of the testimony given; would support a postponement in order to create a much better document that would not be the Compact. Did not believe the City should be a signatory to the Compact; believed the City had done a lot on its own and was moving forward to conserve energy; the City was in the forefront of many communities with regard to renewable energy; was concerned with the reference of cap and trade; and, would not support postponement and felt Council should start fresh. The issue of being a signatory was moot; lots of diverse comments were received; the resolution was well written and based on commentary from both sides of the debate; believed the important issue was looking ahead to what needed to be done; and, supported postponing to keep reminded of the issue. The issue of being a signatory was not moot if the resolution would be postponed. The City would not be a signatory until the resolution was passed; did not believe it would be a problem to postpone while developing amendments or a new resolution; and, would support the postponement. The resolution could be amended to remove the city as a signatory. Disagreed with the majority of Council, believed the resolution was inconsistent and bad, and was adamantly opposed to the resolution, MOTION TO AMEND: Council Member Moore MOVED to amend the "now, therefore" paragraph (page 8 of the packet) by removing "and hereby adds its name as a signatory to the Compact: Council Member Eldridge SECONDED the motion. Comments on the amendment included: Opposed the amendment as it would be a reminder. Clarification was requested with regard to a previous motion to amend to remove that statement and the motion was defeated. Was it proper to allow the amendment motion. City Attorney Stearns stated it was proper. -61- Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No 1 Eldridge Yes Marquis Yes Molloy Yes Boyle No Yes Porter Yes Smalley Yes !Moore KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 9 Support of the amendment. Encouraged council to support the amendment as industry maybe would be more involved in developing a new resolution or amending the current resolution. VOTE: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2009 -68 as amended to the May 19, 2010 council meeting, the second meeting in May. Council Member Boyle SECONDED the motion. Council Member Molloy suggested that prior to the May 19, 2009 meeting, a town hall meeting could be planned and held; council work sessions could be held to develop a resolution from information and comments received at the town hall meeting, as well as previous comments made; and, a planning committee for the town hall meeting would include Mayor Porter, Vice Mayor Smalley, City Attorney Stearns, and City Clerk Fleas. Additionally, a moderator could be used to chair the meeting and Council would be members of the public, no vote would be taken, and the intent would be to develop a viable action to take at the local level. He added, preliminary information could be brought back to council at the February 3 meeting. It was noted, the resolution could be postponed further if needed. VOTE: *Student Representative Johnson: Yes MOTION PASSED. BREAK T N: 9:47 P.M. -62- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 10 BACK TO ORDER: 9:53 P.M. D -3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -03 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. Janine Espy, 403 McCollum Drive, Kenai Stated she was very supportive of a new park; wanted to see the design plans; and, concerned the location would include connecting Magic Avenue through to Marathon Road City Manager Koch explained, to the best of his knowledge there was no plan or thought to open Magic Avenue through to Marathon Road and never had been; the development would be used as an opportunity to replat and vacate a portion of the Magic Avenue right of way; and, the park would include seven to eight and one -half acres with a lake. VOTE: There were no objections. SO ORDERED. D -4. Liquor License Renewal George's Casino Bar Approved by consent agenda. ITEM E: MINUTES E-1. Regular Meeting of January 6, 2010. Removed from the consent agenda and postponed to the February 3, 2010 meeting for approval. ITEM F: UNFINISHED BUSINESS F -1. Discussion Council Liaison Commission /Committee Appointments Koch referred to his memorandum included in the packet and noted: -63- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 11 The four entities providing facility management services for the City were the Kenai Convention and Visitors Center (KCVB), Fire Training Center, Kenai Recreation Center, and the Multipurpose Facility. All the facility management contracts were managed by the Administration with the city manager as the point of contact. Only the KVCB had a Council ex- officio member /consultant. To avoid conflict between the City and a council member as a liaison, confusion to whom a contractor needed to communicate with and /or to whom to be accountable, conflict between the council member and the city manager during contract negotiation or resolving of an issue, Administration recommended the policy of Council be limited to what was provided by the Kenai Municipal Code, no council member be assigned as a liaison to the KCVB Board of Directors, and if necessary a staff member be assigned to attend board meetings and provide reports to the city manager who would provide the report to Council. Council discussion followed with comments including: Disagreement with statement related to conflict when a council member was a liaison to the board. Disagreement with assignment of a staff member. A liaison to the KVCB should continue, belief the system was currently working, and the relationship between the City and KVCB was different than those with other contractors, Suggestion to discuss whether or not to have a liaison to the KVCB in another year, but in general would like independence. No one had been appointed as a liaison. A code change would not be necessary to allow for a liaison to the KVCB. MOTION: Council Member Boyle MOVED that a member of the city council continue to act as a liaison with the Kenai Convention Visitors Bureau Board of Directors and appoint Council Member Smalley as the liaison. Council Member Marquis SECONDED the motion. Discussion on the motion included: It was not up to the city to foster; when the KVCB was opened, the City did not want to be involved in managing it; felt recently it was not working well; and, if council decided to keep a liaison, felt there was a need to discuss the protocol with that relationship. Council recently approved a much more stringent contract with the KCVB; felt it would cloud the issue if appointment of a liaison was continued; thought it would be inappropriate; and, the KCVB needed to run on its own and if problems arise, they should be taken to the city manager. -64- Eldridge No Marquis Porter Yes No Molloy 1 Smalley Yes Yes Boyle Yes Moore No KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 12 A liaison had been appointed since 1991 when the facility opened; the new contract had major changes and took a long time to process; and, supported the liaison assignment. Suggestion Mayor Porter be liaison; if not her, preference would be for Administration to send a staff person as well; and, felt it extremely important for council to get a total view of all commissions /committees. Mayor Porter was already an ex- officio member of the Board and would not be excluded for attending meetings. A staff person could also be assigned by the city manager to attend the meetings. VOTE: *Student Representative Johnson: Yes MOTION PASSED. ITEM G: G -1. Ratification of Bills MOTION: 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 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: NEW BUSINESS -65- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 13 There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS 0-1. Council on Aging Council Member Boyle reviewed the January 14, 2010 meeting summary which was included in the packet. H -2. Airport Commission Council Member Moore reviewed the January 14, 2010 meeting summary which was included in the packet. H -3. Harbor Commission Mayor Porter reviewed the January 11, 2010 meeting summary which was included in the packet. 0-4. Library Commission Council Member Marquis reported the next meeting was scheduled to be held February 2, 2010 and rioted a vacancy existed on the Commission. Mayor Porter noted the applications included in the packet and appointed Jessica Bookey without objection from Council. H -5. Parks as Recreation Commission Council Member Boyle reported a joint work session was held immediately prior to the January 7, 2010 Parks Recreation Commission between the Commission and the Beautification Committee. Boyle reviewed the Commission meeting summary which was included in the packet. Mayor Porter reviewed applications included in the packet and appointed Gary Oliver to the Commission without objection from Council. Clerk Freas was requested to prepare a thank you letter for Commissioner Wortham. H -6. Planning Zoning Commission Council Member Molloy reviewed the January 13, 2010 minutes which were included in the packet; reported the January 27 meeting had been cancelled; and, reported he would be absent from the February 24, 2010 meeting and Council Member Eldridge would attend. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter noted a work session was held with the Parks Recreation Commission and special meeting had been scheduled for February 4, 2010. H -7b. Alaska Municipal League Report Council Member Smalley reported on the following: His attendance at a Washington, DC conference sponsored by National Association Counties and paid for by the Alaska Municipal League. The AML Winter Legislative Meeting in Juneau, February 1 -3, 2010 (costs were shared between the Borough and City). -66- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 14 meeting. He would participate telephonically for the February 3, 2010 council H -7c. Mini -Grant Steering Committee Mayor Porter noted a meeting had been scheduled for January 29, 2010. H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed discussions and actions taken at the January 19, 2010 Assembly Meeting, ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Appointment of Craig Fanning to the Personnel Arbitration Board with no objections from Council. Referred to the added draft amendments to the Administrative Policies for preparation and distribution of council packets, etc. She noted she had requested the draft amendments be provided to Council and a resolution would be before the Council at its February 3, 2010 meeting for consideration. She and City Manager Koch met with the Governor, as well as Commissioner Schmidt, Division of Corrections, during their recent visit to the area. She attended the Proposed Critical Habit for Beluga Whales presentation and found it very interesting. She would be traveling to Juneau in February to attend the AML Winter Legislative Meeting. She attended and made a presentation at the Economic Development Forum. The forum was well attended and very informative. She and Koch met with a Senator Murkowski aide related to capital improvement needs. She and Koch would be meeting with representatives of the Kenaitze Indian Tribe and Salamatof Native Association. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following: Requested a work session be held to discuss the history of the Marathon Road property leased by the University of Alaska, a portion used for location of the Fire Training Facility, etc. and to discuss timelines for bonding and possible funding from the General Fund for the library expansion project. A work session was scheduled for January 27, 2010, to be held in the council chambers and begin at 7:00 p.m. Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals No report. -67- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 15 Met with the Governor and members of his staff and discussed the bluff erosion project, dipnetting issues, and capital improvement needs. Discussed the need for a small pad for five wells with the Deputy Commissioner of the Department of Natural Resources related to a Trans -Canada reinjection facility. Met with Commission Schmidt of the Department of Corrections related to a new 32 -bed transitional housing unit being constructed at Wildwood Correctional Facility. legislators. Discussed findings of new wells and tests related to color. Met with some local contractors related to wind generation. He planned to include funding in the upcoming budget to research economic feasibility for wind generation in the City. The Beluga Whale comment time was extended to March 3, 2010 and Administration would be preparing comments to submit. An award of bid would be coming forward in approximately 45 days for the proposed Marathon Park development. Would be traveling to Juneau in mid February to meet with area J -2. Attorney City Attorney Stearns reported the following: She would be attending a seminar in February related to the Endangered Species Act. She was attending local Bar Association meetings She was researching policies and procedures and possible amendments to them. She had reviewed pre -filed legislative bills and provided initial information to Council. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Lane, Kenai Stated he had been requesting collaboration over a year and believed it a good idea; Council had been realigned after the October election; and, Council needed to work together for the good of the City. Tim Navarre, 608 Ponderosa, Kenai Stated he believed Council had muddied the water related to Resolution No. 2009 -68; did not think the public should be involved in formulating a new resolution because the Council was elected to do that; the Compact should go away; and, would rather the Council voted the resolution up or down. K -2. Council -68- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 16 Smalley Thanked the public for their comments. Moore No comments. Eldridge Stated the recently held economic forum was well- attended and very informative. Johnson. No comments. Marquis Thanked the public for attending the meeting and Brian Zak for his presentation. Molloy No comments. Boyle No comments. Porter No continents. 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:14 p.m. -69- KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 17 Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the 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. -70- 2 0 U w H to co O) ID co co o N 4 0 O t+ [7 N 0 W J P f— J 4: 0 7 0 O 0 0 0 0 CC CC CC CC CC -71- Z 0 W 0 K 0 S hc i KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2462 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE GENERAL FUND FOR LIBRARY TRAVEL AND TRANSPORTATION. WHEREAS, the City of Kenai has received $1,000 Continuing Education Grant from the Alaska State Library; and, WHEREAS, these funds shall pay for one staff member to train at the 2010 Alaska Library Association Conference in Anchorage; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its employees. 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: Library State Grants Increase Appropriations: Library TraveI Transportation $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of February, 2010. ATTEST: Carol L. Freas, City Clerk j� Approved by Finance: it New Text Underlined IDELETED TEXT BRACKETED' -72- PAT PORTER, MAYOR $1,000 Introduced: February 3, 2010 Adopted: February 17, 2010 Effective: February 17, 2010 A7 l Dear Mary: Sincerely, AR/pbm DEPARTMENT OF EDUCATION EARLY DEVELOPMENT January 19, 2010 Kenai Community Library 163 Main Street Loop Kenai, AK 99611 Attn: Mary Lucia White DIVISION OF LIBRARIES, ARCHIVES MUSEUMS Linda S. Thibodeau, Director 65aRazumn Continuing Education Coordinator -73- SEAN PARNELL, GOVERNOR Congratulations! The State Library has reviewed your FY2010 continuing education application and has awarded Federal funds in the amount of up to $1,000.00 for you to attend the March 2010 AkLA Conference in Anchorage. We are delighted that your library will receive this grant. The State Library uses federal funds received from the Institute of Museum and Library Services (IMLS) to pay for continuing education grants. Please read the second page in this packet carefully. In order to use IMLS funds to reimburse your continuing education costs, you must attend at least one training session that falls under the topics listed on that form. Once you have completed your continuing education, you must submit the grant reimbursement form, any required receipts, and your final report about the training you attended. These forms are available at http: library .state.ak.us /dev /arants.html You must submit a final report form in order to be reimbursed. If you have questions or need more information, please call me at 907 465 -2458. Once again, congratulations and good luck with your continuing education. ALASKA STATE LIBRARY LIBRARY DEVELOPMENT 344 W. THIRD, SUITE 125 ANCHORAGE, ALASKA 99501 -2337 PHONE (907) 269 -6570 FAX (907) 269 -6560 KENQ KA CITY OF KENAI ORDINANCE NO. 2463 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,092.12 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic- related overtime funds require no local match and allow the department to show a strong traffic presence, as well as allowing a KPD officer to work overtime hours as a regional Law Enforcement Liaison (LEL) between AHSO and other law enforcement agencies; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols and law enforcement liaison duties totaled $7,092.12 from July 1 to December 31 of 2009, and, WHEREAS, the Police Department is requesting appropriation of $7,092.12 to Police Overtime for reimbursement of overtime paid for through the Department's participation in the State of Alaska traffic safety program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 2010. ATTEST: Increase Appropriations: Police Overtime $7,092.12 Carol L. Freas, City Clerk Approved by Finance: -74- PAT PORTER, MAYOR $7,092.12 Introduced: February 3, 2010 Adopted: February 17, 2010 Effective: February 17, 2010 the et Uf KEN I. ALASKA MEMO: DUI Overtime Click it or Ticket Overtime Law Enforcement Liaison (LEL) Total Requested Appropriation "Village with a Past, Gity with a Future $3,931.00 $2,911.28 $249.84 $7,092.12 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief /'t DATE: 1/26/10 SUBJECT: Ordinance requesting appropriation into Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). Additionally, the Kenai Police Department continues to have Officer Jay Sjogren participating in the Law Enforcement Liaison (LEL) program, in which he is a regional liaison between the Alaska Highway Safety Office and law enforcement agencies. As an LEL he facilitates and coordinates traffic safety programs which help keep Kenai Peninsula highways safer. The City of Kenai is reimbursed for any overtime he works as part of his LEL duties. All of the above AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $7,092.12 into the police overtime account for actual AHSO related overtime costs for the first half of this budget year (July 1, 2009 to December 31, 2009). The actual overtime costs for the AHSO related programs for the first 6 months of this budget year are as follows: 1997 the ciy KENAALASKA CITY OF ICENAI ORDINANCE NO. 2464 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,524.80 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $11,826.80 for the time period of July 1, 2009 to December 31, 2009, and those funds are paid out of the Police Overtime account; and, WHEREAS, the FY2010 Police budget included an estimate of $3,302 in overtime for the BHP officer; and, WHEREAS, the Police Department is requesting appropriation of the overtime reimbursement received in excess of the amount budgeted, $8,524.80. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant Police Increase Appropriations: Police Overtime $8,524.80 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 A -76- PAT PORTER, MAYOR $8,524.80 Introduced: February 3, 2010 Adopted: February 17, 2010 Effective: February 17, 2010 the city v KEN I. MEMO: "Vtlla e with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 1/26/10 SUBJECT: Ordinance requesting appropriation into Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police overtime account, which is now significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai general fund. Actual BHP overtime costs for the Kenai BHP officer for the first half of this budget year (July 1 to December 31, 2009) are $11,826.80. The FY2010 budget estimated overtime expenditures and revenue from the BHP Grant at $3,302 for the officer. An appropriation of the revenue in addition to what was budgeted ($8,524.80) is being requested to replenish the departments depleted overtime budget. the 4' of KEN \vLLASKA MEMO: "Village with a Past, CI t with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 lathil Telephone: 907 283 -7535 FAX: 907- 283 -3014 1 1111 1 1992 TO: City Council FROM: Christine Cunningham, Assistant to City Manager THROUGH: Rick Koch, City Manager DATE: January 27, 2010 SUBJECT: Amendment to Salamatof Seafoods, Inc. Dock and Adjoining Lease At its January 6 Council. Meeting, the City Council approved an Amendment to the Dock and Adjoining Lands Lease between the City and Salamatof Seafoods, Inc. Through that action, the Council approved a lease amendment to delete a portion of the leased premises from the Lease. The slice of land to be deleted from the Lease was needed by the City to install, access, and maintain a new sewer lift station to support water and sewer extension to the areas along Bridge Access Road. Salamatof Seafoods, Inc. has subsequently and reasonably requested license be included in the Amendment for the purpose of allowing access to its lease property. Since, by deleting the particular part of the leasehold, Salamatof Seafoods' direct access to /from the leased premises to Bridge Access Road was eliminated. Attachments A and B to the Fourth Amendment to Lease depict both the deletion of the land and the new license area. Attached is a revised Fourth Amendment to Lease, This revised amendment includes a license for ingress and egress to the leased premises. Under the license, Salamatof Seafoods would continue to be able to drive over the property and maintain its access to the property. The license is not exclusive as the City will also need to travel and use the license area Should Council approve the Fourth Amendment to Lease, as revised, the original would be forwarded to the Lessee for signature. Attachments _78_ FOURTH AMENDMENT TO LEASE THIS Fourth Amendment to Lease is made as of the day of February, 2010, 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. 0. Box 1450, Kenai, Alaska 99611. 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 L ease b e t ween th cit and T essee 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 and to provide a right of access to the leased premises for Lessee. NOW THEREFORE, the parties agree as follows: 1: The lands subject to the Lease are described as: Parcel No. 1: -79- GOVERNMENT LOT TEN (10), Section 4, T5N, R11 W, S.M., being 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, T5N, R11 W, S,M, formerly known as a portion of Lot Ten (10), Section 4, T5N, R11W, 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 Fourth Amendment to Lease Page 2 of 5 -80- more particularly described in instrument recorded July 27, 1978 in Book 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, T5N, R11W, S.M., being located within the Kenai Recording District, Third Judicial District, State of Alaska. For ease of reference, the leased premises is depicted on Attachment A hereto, reflecting Kenai Peninsula Borough parcel numbers of the leased premises and showing a triangular area of property along Bridge Access Road which, by this Fourth Amendment to Lease, is excluded from the leasehold estate. 2. During the term of this Lease, and so long as Lessee is not in default of its obligations under the Lease, the City grants Lessee a license for travel over and across the area depicted on Attachment B to this Fourth Amendment to Lease (approximately, a 50' x 51' area along the southerly right -of -way line of Bridge Access Road and the westerly line of Government Lot 10). This license includes the right of ingress and egress for vehicular and foot traffic and permits Lessee's maintenance of the area licensed to allow for that access. With the exception of Lessee conducting routine maintenance of this area consistent with the purposes of maintaining its vehicular access to the leased premises, Lessee shall not erect any improvements in this area unless otherwise agreed to in writing by the City. This license is non- exclusive and is for the limited purpose of ingress and egress to the leased premises. The City has no obligation to maintain the licensed area for Lessee's purposes. 3. Except as expressly :codified or stated Herein, all Gther terms and conditions of the Lease (as amended) remain in full force and effect. CITY OF KEN'AI By: Rick. R Koch Its: City Manager SALAMATOF SEAFOODS, INC. By: Name: Its: Fourth Amendment to Lease Page 3 of 5 -81- (If Lessee is a corporate -style entity) ATTEST: Name Title Approved as to form: lrista S. Stearns City Attorney State of Alaska Third Judicial Distric ss The foregoing instrument was acknowledged before me this day of February, 2010, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: Fourth Amendment to Lease. Page 4 of 5 -82- State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of February, 2010, by the Seafoods Inc., an Alaska Corporation, on behalf of the corporation. RETURN TO: CITY OF -KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 ss Fourth Amendment to Lease Page 5 of 5 -83- of Salamatof Notary Public of Alaska. My Commission Expires: achment A Fourth Amendment to Lease Portion of lease removed by 4th Amendment. A r 4. /ne. ....,r:-...1.% 77- I k`rd iL 4 'r j- r, 1 *r,, Th .orry Art et 771- 1404-- 4. -1/4 4 4,:•-k-,,, A A -.4 :1r li ci•-;..), I;, A ..1. 41 t, Z ii i ::ali I llffi ll kik imp r". .4 161 it,) A 9 -N., -1-../ v4i. ai :f 1 4,\ -..';t' %%tic .at -4.6-. 1,-,A 6' 1'17 tit, i. -----jr 1: A. 4: as SL.Ibiect ,,t 7P-4„2..r..rarile. i 'I. \1/41 4 ,L I t. .2 4 14, S'fl /C. -84- 4 t 1i b st 16, tr.,' ATTACHMENT B FOURTH AMENDMENT TO LEASE CW. 1/16 SEC, I 4 -85- KPB Parcel 4901131. Attachment B Fourth Amendment to Lease SW 1/16 the of KEN I.ALASKA Attachments e with a Past, City with a &tare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 1111 MEMO: TO: City Council FROM: Christine Cunningham, Assistant to City Manager THROUGH: Rick Koch, City Manager DATE: January 27, 2010 SUBJECT: Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 -86- 1992 Attached is the lease application and letter from Jonathan Peters, on behalf of Arctic Barnabas Ministries, Inc., requesting a 35 year lease extension for the referenced property located inside the Airport Reserve. The location of the property is shown on the attached map. Pursuant to KMC 21.10.080 and 21.10.040, Arctic Barnabas Ministries submitted a new lease application for the extension and the required non refundable filing fee. Since there are only 13 years remaining for the term, based on the proposed investment of $425,000, a 30 year lease extension would be appropriate under the table provided in KMC 21.10.090 (d)(1). The lease rate was re- negotiated in 2006, prior to the Kenai City Council's adoption of an 8% rate of return for the lease of Airport Land (KMC 21.10.100). The lease rate is not due to be renegotiated again until July 1, 2011. The application has been reviewed by Administration, the Planning Zoning Commission at its January 13 meeting and the Airport Commission at its January 14 meeting. The lease extension was recommended for approval by Council provided the following terms are included in the Amendment to Lease: The lease rate is adjusted to reflect the 8% rate of return adopted by Council in 2007. The rate adjustment cycle is changed to reflect a five (5) year adjustment with years ending in zero (0) or five (5). The attached Amendment to Lease has been reviewed by the City Attorney and approved as to form. Should Council approve the Amendment, the original would be forwarded to the Lessee for signature. 12 -15 -2009 Mr. Rick Koch Kenai City Manager 210 Fidalgo Ave. Kenai, Alaska 99611 RE: Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Dear Mr. Koch, The purpose of this letter is to formally request a 35 year lease extension for the above referenced property on the basis of ABM constructing a new 80'x80' aircraft hangar at a cost of approximately $425,000. The hangar is scheduled to be dried -in with the heat on by the end of December 2009 with a goal of occupancy by February 2010. ABM possesses all the necessary funds for project completion. The $4,000 appraisal and engineering deposits are not included with the application as we are not applying for a new lease but rather an extension of an existing lease. A description of Arctic Barnabas and usage of the lease property is attached. The planning and zoning department has a copy of the site plan and a complete set of hangar drawings. Please see the attached lease extension application. We are very grateful for our past years of operation on the Kenai Airport and look forward to many more years in the future. Thank you so much for your consideration in this matter. Please do not hesitate to contact me with any questions. Best Regards, Jonathan Peters Executive Director 1 M S NEZORT&d Wa-L t. W STREET, KENAt, ALASKA 99611 TEL D7 ZB3•3377 FAX £9D9) 263 -3349 W W W.ARGT9GBARNASA9.®RE _87_ CITY OF KENAI 210 Fidelgo Avenue, Kenai, Alaska 99641 -7794 (907) 283-7535 Ext. 223 LEASE APPLIC TION For Land Inside the Kenai IthinicipaV Airport Reserve 1. Name of Applicant ,r t dIrz. it or LI v'it`as "sJriie 2. Business Name. Arr, rt �a�afaG 3. Business Type (circle one) sole proprietor partnership or ora on L.L.C. 4. AK Business License No. S. Mailing Address 13C NO 4h ✓c' Ptd� 699 k�k 9?se)' 6. Telephone 907 2ej 3377 7. Email Address j c:41∎4 •4,pa e 8. Kenai Peninsula Borough. Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal description by Ray e 32 ,d", [/�t 6','hd aomy es3 a t ylv;rt�i dyT x If not platted, attach a site plan showing the proposed dimensions and location on the Airpo 10. Proposed Use of the Propeny (Be specific) ni nt1L S e 11. Lease Tenn Desired n r ,t y i-I —ears 12. If you plan to base or service aircraft on the property, give pp a. Make, type, wingspan of the largest aircraft i� +'�R,1 h am- a 0l 2 h. Total number of aircraft you expect to he based or serviced on the property at one time 13. If you plan to construct itprovements or otherwise develop the property: a. Attach a Development Plan (see attached checklist) b. Describe the building type, construction materials, size, etc. c. Construction beginning date r- o rs d. Construction completion date (maximum of two years) e. Estimated total cost of the proposed development improvements d42 5 caber 14. If you plan to operate a business on the property, attach a business plan (See application instructions). 15. If you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGNATURE: Printed name: APPLICANT'S SIGNATURE: Printed name: -88- 6— 2° H Date: Title: ENc� Date: Title: FOR CITY USE ONLY Date k --f f ".4,': Signature (p!I eF, tit KENAI MUNICIPAL AIRPORT Lease Application for Land Inside the Kenai Municipal Airport Reserve DEVELOPMENT PLAN CHECKLIST (All items must be included before a lease application will be accepted.) A DEVELOPMENT' PLAN MUST INCLUDE A DRAWING AND A NARRATIVE. 1. Drawhngs must be drawn to scale, but need not be prepared by an architect or engineer. Drawings must show the following: a. The layout of the lot showing the height(s), size(s) and location(s) of all Existing buildings Proposed buildings Existing and proposed antennas, poles, and towers FAA. Form 7460 -1 Notice of Proposed Construction (This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http: /www.faa.gov/ airports_airtraffic/ airports /regional_guidance /alaskan The site has a menu for forms at the bottom of the page.) Lease requires evidence of compliance prior to development. 4 b. Parking facilities (location and number of spaces) gc Highway vehicles Aircraft support vehicles (non highway) Aircraft c. Site improvements d e Areas to be cleared and method of disposal Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and /or proposed planting areas) d. Building set backs e. Drainage plan and snow storage areas f. Traffic circulation plan (all entrances, exits and on -site access) g. Location of sign(s) (sign permit required before installation) ae h. Fencing (permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) Z. Narrative must explain how your proposed use and development of the property will conform with: a. the zoning ordinance of the City b. the comprehensive plan of the City c, the latest FAA- approved Airport Layout Plan for the Airport d. the latest Land Use Plan for the Airport Page 3 of 2 -89- A DESCRIPTION OF ARCTIC BARNABAS MINISTRIES AND USAGE OF LEASE PROPERTY Description of the Business Arctic Barnabas Ministries, Inc. (ABM) is a 501(c)(3) non -profit corporation that controls and operates such business activities as are promulgated by its Board of Directors. ABM is financed entirely by individuals, business donors and churches who support ABMs stated purposes and strategies. Its governance is vested in the ABM Board, and the property, activities and business of the Corporation is managed under the board's direction. ABM was incorporated in 2000 in the State of Alaska, and exists to provide leadership training, practical support and encouragement to ministry workers, primarily in remote Alaska. Because the focus of ABM is providing services to those who are off -road in the Arctic, owning and operating aircraft is critical to the functioning of the business. Mission Statement The mission of Arctic Barnabas Ministries is to nurture vitality in pastors and missionary families serving throughout remote Alaska. Location As stated in the Articles of Incorporation, the principle office of the Corporation shall be located in the City of Kenai, Kenai Peninsula Borough, Alaska. The main office is located at 135 North Willow St. Facility and Space Reauirements In keeping with the comprehensive plan for the City of Kenai, this business is strongly aviation related and airport- dependent. Currently there are four primary aircraft that are owned by, or related to operations of ABM. The current staff is at 9 full -time employees involved in carrying out the primary mission statement and functions of the non- profit corporation. Staffing is expected to increase to 11 by spring 2010. The current hangar project will add the much needed space for the aircraft, and will be an attractive and viable aviation related business addition to the Kenai airport lands and surrounding business community. The hangar is scheduled to be dried in with the heat on by the end of December with a goal of occupancy by February 2010. ABM has all of the funds necessary for completion. Jonathan Peters, Executive Director December 2009 135 8S cwarH WELWCIW STREET KEINASp ALASKA 996 1 1 TEL (9D9) 2S3 ^2377 FAX 194277283-M341 WWVU.ASZSTVt ARNAEAS. DR£.v -90- MEMO: FROM DATE: Std .SECT: he city n /l KENAl,ALASKA "Village with a Past, et 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535/FAX: 907 283 -3014 Christine Cunningham, Assistant to the City Marrger Marilyn Kebschull, Planning Administratio January 15, 2010 with a Futisre" Lease Application Arctic Rarnabas Ministries, Lot 5, :-lock 5, Arnended Plat of General Aviation Apron No. 1 At their meeting on January 13", the Planning and Zoning Commission reviewed the above referenced lease application. The Commission found that the lease conforms to the Airport Land Use Plan, Comprehensive Plan, and Zoning. The Commission recommended the Council approve the lease extension and that the lease include the two additional terms recommended in your memo dated December 29, 2009. 1992 Municipal Airport Memo "Serving 305 N. Vi L LCW' ST. SUITE 200 KE AI, ALASariA X11 TaEnONE 987,283.7851 FAX 4o7- 2833737 To: Rick R. Koch City Manager From: Mary Bondurant Airport Manager:: Date: January 20, 2010 Subject: Lease A piication Arctic arnabas Ministries, Lot 5, Blo 5, Amanda Vat of General Aviation Apron No. 1 Subdivision At the January 14, 2010 Airport Commission meeting, Commission reviewed the lease application from Arctic Barnabas Ministries along with review and recommendation memos from the Planning and Zoning Assistant, Assistant to City Manager, and Airport Manager. Airport Commission recommends Council approve the lease application for Arctic Barnabas Ministries with the recommended additional terms. Cc: Christine Cunningham Assistant to City Manager Nancy Carver Planning and Zoning Assistant www.ci.kenai.ak.us. -92- Qte Kenai. Peons 44Al a y TENTH AMENDMENT TO LEASE THIS Tenth Amendment to Lease is made as of the day of 2010, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and ARCTIC BARNABAS MINISTRIES, INC. (Lessee), whose address is 135 Granite Point Court, Kenai, AK 99611. WITNESSETH WHEREAS, on May 23, 1967, the City entered into a lease with Dia Log Company for City -owned lands identified as Lot 5, Block 5, Small Aircraft Apron, Kenai, Alaska, which lease was recorded at Book 94 Pages 339 343 on April 20, 1976, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since May 23, 1967, the rights under the Lease have been assigned or transferred to various Lessees and the current Lessee is Arctic Bamabas Ministries, Inc.; and, WHEREAS, since May 23, 1967, the premises let under the Lease has changed and the leased premises is now described as Lot 5, Block 5, Amended Plat of General Aviation Apron No. i, according to Plat No. 2004 20; and, WHEREAS, the parties to the Lease have amended the Lease over the years which amendments are recorded in the Kenai Recording District and summarized as follows: Amendment to Lease between the City and Dia Log Company, recorded at Book 170 Pages 417 418 on May 4, 1981, correcting the square footage; Amendment to Lease between the City and Dia Log Company, recorded at Book 291 Pages 872 873 on July 28, 1986, redetermining the rent; Amendment to Lease between the City and Dia Log Company, recorded at Book 381 Pages 506 507 on April 26, 1991, redetermining the rent; Tenth Amendment to Lease Page 1 of 5 -93- Assignment and Amendment to Lease between DiLo, Inc. fk.a. The Dia Log Company and Wedge Dia Log, Inc., recorded at Book 487 Pages 87- 90 on June 21, 1996, assigning the Lease to Wedge Dia Log, Inc. and amending the Lease to add insurance and indemnification obligations; Amendment to Lease between the City and Wedge Dia Log, Inc., recorded at Book 488 Pages 538 539 on July 12, 1996, redetermining the rent; Amendment to Lease between the City and Robert J. Johnson, recorded at Book 608 Pages 139 140 on May 25. 2001, redetermining the rent; Amendment to Lease between the City and Franklin G. Wortham, recorded at 2006- 003127 -0 on April 7, 2006, reflecting that the purpose for which the leased premises is permitted to be used to "Flying Instruction Business;" Assignment and Amendment to Lease between ZYX Holdings Incorporated, Franklin G. Wortham, and Charles B. Versaw and Arctic Barnabas Ministries, Inc., recorded at 2009- 004127 -0, assigning the Lease to Arctic Barnabas Ministries, Inc. and amending the Lease to change the purpose for which the leased premises is permitted to be used to "Hangar and office facility;" Amendment to Lease between the City and Arctic Bamabas Ministries, Inc., recorded at 2009 004947 -0 on May 22, 2009, redetermining the rent. WHEREAS, the parties wish to further amend the Lease to extend the lease term provided certain improvements are made by Lessee and to amend the renegotiation process. NOW THEREFORE, the parties agree as follows: 1. TERM: Subject to paragraphs 4 and 5, below, the Lease term is extended for an additional term of thirty (30) years extending from the 1st day of July. 2022 to the 30 day of June. 2052. 2. RENT: Rent for the leased premises is $3,720.00 per annum, plus applicable sales tax, and is established pursuant to KMC 21.10.100. Rent is subject to periodic adjustment as set out in paragraph 3, below. Rent is payable annually in advance of the first day of each lease year during the term (and any extended term) of this Lease. All rent payments must be made in U.S. dollars. If the annual rent Tenth Amendment to Lease Page 2 of 5 -94- exceeds $2,400.00, the Lessee may, upon written notice to the City, choose to pay the rent in equal monthly installments, payable in advance on or before the anniversary date of the term of this Lease (July 1 of each year) and thereafter in monthly installments. No change in the payment schedule from an annual to a monthly payment shall result in the City receiving less rent than it would have received had the conversion not taken place. 3.. RENT ADJUSTMENT: Beginning July 1, 2010, and, thereafter, at intervals of five (5) years, the City shall, in its sole discretion, adjust the rent payable by the Lessee. The amount to which the City increases or decreases rent shall be established in accordance with KMC 21.10.100(a) and 21.10.160. Fair market value shall be determined under KMC 21.10.100(c) and 21.10.160. No rent or fee change shall be effective until thirty (30) days after the date of the City's written notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the leased premises, the Lessee may appeal the rent change to the City under KMC 21.10.160. 4. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to commence and complete land development and construction of additional permanent improvements on the leased premises which improvements shall include an 80' x 80' steel hangar (consistent with or better than that proposed by Leseee in its Lease Application for an extension of lease term receipted by the City on December 17, 2009). These improvements must be completed by no later than June 30 2010, unless agreed to in writing by the City. The Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the leased premises. The City- approved appraisal value of these additional permanent improvements must be equal to at least $425,000. 5. FAILURE TO COMPLETE IMPROVEMENTS: The 30 -year lease extension is contingent upon Lessee commencing and completing construction of additional improvements on the leased premises by June 30, 2010. If the Lessee fails to timely complete the improvements identified in paragraph 4, above, the 30- year Lease term extension shall automatically terminate regardless of Lessee's investment in the anticipated improvements, and the Lease will instead terminate on June 30, 2022, as originally set forth in the Lease. 6. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. Tenth Amendment to Lease Page 3 of 5 -95- (If Lessee is a corporate -style entity) AT 1'EST: Name Title Approved as to form: Krista S. Stearns City Attorney CITY OF KENAI By: Rick R. Koch Its: City Manager ARCTIC BARNABAS MINISTRIES, ENC. By: Name. Its: Tenth Amendment to Lease Page 4 of 5 -96- State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of 2010, by Rick R. Koch, City Manager for the City of Kenai.. State of Alaska Third Judicial District RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 ss ss The foregoing instrument was acknowledged before me this day of 2010, by (Name), (Title) of ARCTIC BARNABAS MINISTRIES, INC., on behalf of the company. Notary Public of Alaska My Commission Expires: _97_ Notary Public of Alaska My Commission Expires: Tenth Amendment to Lease Page 5 of December 21, 2009 January 11, 2010 January 18 January 18 Feb 01 CITY OF KENAI FY 2011 BUDGET CALENDAR Budget Preparation Packets Distributed Overtime and New Positions Due to Finance City Administrator Decides On New Position Requests By This Date Finance Department Develops Revenue and Personnel Expense Estimates, Budget Formats 8 Tables January 18 Departmental Budget Submissions Due to Finance January 27 29 Budget Draft Reviewed by Department Heads February 15 Consolidated Budget Submitted To Administrator Feb. 22 March 5 Department .Head Meetings With Administrator March 22 Administrator's Budget Draft Finalized March 29 Budget Package to Council April 14 Council Budget Work Session Additional meetings to be scheduled as needed May 5 Motion to Set City Attorney and City Clerk Pay, if Changing May 7 Council Work Sessions Completed May 19 Introduction of Budget Ordinance May 26 Publish Notice 7 days prior to Public Hearing June 2 Public Hearing of Budget Ordinance June 2 Mill Rate Resolution Adopted Must be provided to the Borough by 6/15 June 18 Publication 8 Distribution of Budget Completed Finance website updated -98- Sunday Monday TuesdaY W dnesday Thursday PaekS Recre:ion Commission, 7p, Council Chambers Friday Saturday 8 thy Mil 8 A 7 I 7 A 8 74,, 7 ..70 8 'A' 1 ■1/4 7 1 A 7 I i n A '7 0 I, H, 4 8 6 8 Library Commission Meeting, 7p, Council Chambers CITY COUNCIL MEETiNG, 7P, COUNCIL CHAMBERS Airport Commission Meeting, 7p, Council Chambers Council on Aging Meeting, 7p, Senior center 0 1 0 11 12 Harbor Commission Meeting, 7p, Council Chambers 13 14 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 15 Advisory Cemetery Committee NO MEETING SCHEDULED 16 A 17 18 19 20 21 CITY COUNCGL MEETING, 7P, COUNCIL CHAMBERS 22 23 24 25 26 27 28 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 29 30 weer April 2010 COUNCIL/COMMISSION MEETING CALENDAR -99- Sunday Monday Tuesday Wednesday thursday Fnday Saturday 1 uy Io y u yi 1 iri 1 i l um i I li 0 %I 1 V, 1 1 0 I 1 4. ll Q 4 1 10 11 12 l' 14 l' li, l l JO 2, 'I 2 2 91 1 20 21.. 20 10 I i 4 0 4 9 10 II 1 i Ii is I. I In 1) 71 1 1 2 2i 0 2' 111 2 10 o. 2 3 4 Library Commission Meeting, 7p, Council Chambers CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 9 1 0 Harbor Commission Meeting, 7p, Council Chambers 1 1 Beautification Committee Meeting, 7p, Council Chambers 12 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 13 Airport Commission Meeting, 7p, council ciumbers Council on Agin maims, ia Senior Center 14 15 16 17 18 19 CITY COUNCIL HIFETING, 7P, COUNCIL CHAMBERS 20 Advisory Cemetery Committee NO MEETING SCHEDULED. 21 22 23 24 25 26 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CRAMEERS 27 28 29 I 3 31 HOLIDAY/CITY OFFICES CLOSED May 2010 COUNCIL/COMMISSION MEETING CALENDAR -1 Council Member Name and Address Home Phone Business Phone Email Address Term Ends Joanna Hollier Council on Aging 381 Senior Court, #307 Kenai, AK 99611 283 -7756 2011 Linda Flowers Council on Aging P.O. Box 763 Kenai, AK 99611 283 -8361 283 -7294 1 lowers(Thcpcservices.org 2011 Earl T. Jones Council on Aging 381 Senior Court, #107 Kenai, AK 99611 283 -4076 2011 Vacant 2013 *Velda Geller Council on Aging 1315 Fourth Avenue Kenai, AK 99611 283 -4329 hgandvi a ci.net 2013 Lois Mae Nelson Council on Aging 209 Susieana Lane Kenai, AK 99611 283 -5194 2013 Bill Osborn Council on Aging P.O. Box 3003 Kenai, AK 99611 283 -7936 2012 Margaret R. Milewski Council on Aging 36395 Pingo Street Soldotna, AK 99669 262 -5419 2012 `Ronald E. Fullinck Council on Aging P.O. Box 2398 Kenai, AK 99611 283 -5361 2012 Council Member Mike Boyle City of Kenai 1516 Stellar Drive Kenai, AK 99611 283 -0820 mboyiefilialaska.com Council Liaison City Clerk Carol. Frees 283 -4936 283 -8231 ctreasfaci.kenai ak. us COUNCIL ON AGING Meets second Thursday Kenai Senior Center 7:00 p.m. (May through September 4:30 p.m. (October through April) *Chair *Vice -Chair -1 01 9/20101 Home Telephone No Business Telepho e No No. Email Address: How long po WO 7/ ob Title N Resident of the City of Kenai? Residence Address Mailing Address Home Fax No. Business Fax f!/ CITY OF KENAI COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ‘Village with a past City with a future.' BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: J' 249 Ll/ EMPLOYER: NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: WHY DO YOU W T TO BE II WIT THIS OMMISSION OR g7DMMx N I C� Me9i P. 4 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ISIAINWEIrSaiir gnatur e -102- WHY DO YOU WANT TO B NAME: Resident of the City of Kenai? Residence Addres CO DATE: Mailing Address 3 1 7 r Ai /n (17 fi Horne Telephone No' 3 -053E) Horne Fax No. Business Telephone No 7 2y3 .5 .n Business Fax No. Email Address: EMPLOYER: "5.5 iC'D ;q.4 Job Title 2, C r NAME OF SPOUSE: t di Current membership in organizations• "Village with a pest City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND RECEIVED I 4n/0 JAN I 9 2010 V I r /A �I/i�:�it�LZ�in 4 4 EES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ix x- 3 INVOLVED WITH THIS COMMISSION OR COMMITTEE? Past organizational memberships: A: WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? -103- CITY OF KENAI How long? y,L Cct Me_ Committee Member Name and Address Home Phone Business Phone Email Address Term Ends Marilyn Dimmick Beautification Committee 1113 Walnut Avenue Kenai, AK 99611 283 -3910 (p) 283 -3973 (.1) 2013 Megan Coleman Beautification Committee 204 Pamela Court Kenai, AK 99611 398 -1840 283-7410 (p) 283 -6156 (f) Megan.ak),hotmail.com 2011 Peggy Baxter Beautification Committee 1619 Toyon Way Kenai, AK 99611 283 -6186 mlbax(iacsalaska.net 2011 Tricia Canady Beautification Committee P.O. Box 987 Kenai, AK 99611 283 -5810 690 -0637 triciakenaiaiacsalaska.net 2013 Lisa Gabriel Beautification. Committee 2305 Watergate Way Kenai, AK 99661 283 -4519 Gabriell 2012 Susan Lovett Beautification Committee 604 Laurel Drive Kenai, AK 99611 283 -9469 283 -21D1 (p) 283 -3230 (f) slovet>li,kpbsd.k12.ak.us 2012 Vacant 2012 Mayor Pat Porter City of Kenai 310 Rogers Road Kenai, AK 99611 283 -4348 kenaimayorl0( rnsn.com Council Liaison BEAUTIFICATION COMMITTEE Meets Second Tuesday March, May, July September 7:00 p.m. Kenai City Council Chambers *Chair "Vice-Chair -104- (1/15 /2010) 01/10/2010 11:41 DATE: l i t W 1 2010 NAME: MiLhe 9072636156 Melon K W 5 Resident of the City of Heusi? 1(h Bow long? Residence Address Ch Iinu�/ha p(^. kehal I1/( 9'76 Mailing Address 5n me. Horne Telephone No. 2-S2 3q3-9 Home Fax No.. Business Telephone No Business Fax No. Finail Address: Yin i CHrllr. vna won f nim May we include your contact information on our web page? ALL If not all, what infaimation ruay we include? EMPLOYER: P na i Vi ioi' CPnkr NAME OF SPOUSE: Current mem in organizations: "Village with a past City with a flint BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Past organizational memberships: COMMITTEES OR CO MMISSIONS IN WHICH YOU ARE INTEREST/3D: seaK1I ICi'GTIo 1 WHY DO YOU; WANT TO BE INVOLVED WITH THIS t1OM.MISSION OR COMMITTEE? �Llr,v Sri b more, tnut1Urd a'n I-M[ 1 U?V2 i v} WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE ME BE IjIP? l hAvf vnlv,h Uniteti IJgI{ KENAI VISION CENTER CITY OF KENAI Job Title Fm vl j n es PAGE 01/01 RETURN TO: KENAI CITY CLERIC 210 FIDALGO AVENUE KENAI, AK 99611 PIIO 2S3 -7535, EXT. 231 FAX! 283 -E068 REPORT OF THE CITY CLERK 100 CITY BOARDS, COMMISSIONS es COMMITTEES CURRENT LIAISON ASSIGNMENT 1 Council on Aging Council Member Mike Boyle Airport Commission Council Member Joe Moore Harbor Commission Council Member Hal Smalley Library Commission Council Member Ryan Marquis Parks Recreation Commission Council Member Mike Boyle Planning Zoning Commission Council Member Bob Molloy Alternate: Council Member Barry Eldridge Beautification Committee Mayor Pat Porter Mini -Grant Steering Committee Council Member Joe Moore Advisory Cemetery Committee Council Member Barry Eldridge OTHERS: Kenai River Special Management Advisory Board (KRSMA) Public Works Director Wayne Ogle Alternate: City Manager Rick Koch Economic Development District (EDD) John Mellish Cook Inlet Regional Citizens Advisory Council (CIRCAC) John J. Williams Kenai Visitors Convention Bureau Board Council Member Hal Smalley Kenai Economic Development Strategy Barr Eldridge /Mayor Porter Alaska Municipal League Council Member Hal Smalley 2010 -2011 CITY OF KENAI BOARDS, COMMISSIONS It COMMITTEE CURRENT LIAISON ASSIGNMENTS -107- (1/29/2010) INFORMATION ITEMS 1�O INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 1. 2/3/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. 2011 -2013 Federal Subsistence Fishery Proposal Questionnaire. 4. 1/21/2010 C. Campbell, Fisheries Policy Advisor letter related to scheduling a Board of Fisheries regulatory meeting for the Upper Cook Inlet regulatory meeting. 5. 1/26/2010 Senator M. Begich letter related to proposed program funding allocation to local governments to provide additional assistance to create jobs within the sectors of small business, public safety, education, summer youth employment, community -based energy and conservation, and neighborhood infrastructure. 6. 1/15/2010 Department of Commerce Community and Economic Development letter related to FY11 Population Determination. 7. 1/22/2010 T. Eubank memorandum /Quarter Ending December 31, 2009 Investment Report. 8. 1 /26/2010 C. Cunningham memorandum related to new lease /Lot 14, Block 1, Cook Inlet Industrial Air Park (Dave Schilling and Michael Schilling, d /b /a Schilling Rentals). 9. 1/28/2010 T. Eubank memorandum /Quarterly Financial Report. 10, 2/2/2010 Kenai Peninsula Borough Assembly meeting agenda. 11. 1/28/2010 Alaska Department of Law Press Release, "State Acts Promptly to Safeguard Alaskans Against Potential Identity Theft." -109- z 0 0 0 LL O O i0 Q 0 z Q O N o M N Z w re LL W m LL y 0 W (7 Z 1L' 0 w w E Z J cc K z O a U w o co 0 0 ri 0 z a cc w 0 0 0 a 0 -110- 2011 -2013 ;Federal Subsistence Fishery Proposal The following information should be provided when submitting a proposal. Name: Organization: Address: Phone: Fax: E -mail. ubmit proposals' March 24, 2010 Qu estions? Call (800) 478.1456 or (907) 786-3888 E mail: subsstsnce@fws.gov This informatiors `also available on the Off ce of Subsistenc webslte http /lalaska' /asm homs.html Management 2 How should the new regulation read? Write the regulation the way you would like to see it written. Address the following questions: 1 What regulation do you wish to change? Include fishing district, area, species, Quote the current regu- lation if known. If you are proposing a new regulation, please state "new regulation." 3 Why should this regulation change be made? 4 W hat impact will this change have on fish populations? 5 How will this change affect subsistence uses? 6 How will this change affect other uses, such as sport/recreational and commercial? Federal Subsistence, Board Office of Subsistence Management 1011 E. Tudor Rd., MS -121 Anchorage, AK 99503 The Office of Subsistence Management is accepting proposals through March 24, 2010 to change Federal regulations for the subsistence harvest of fish and shellfish in Federal public waters. The proposed changes are for the 2011 -2013 regulatory years, effective April 1, 2011 throueh .March 31, 2013. You may submit proposals to change harvest limits, season dates, methods and means of harvest, or customary and traditional use determinations. Please submit a separate proposal for each change. if you live sident zone community of a national park or national monument, or i.f you already hold a Section 13.44 subsistence use permit issued by a National Park Servi superintendent, you may apply for an •individual customary and traditional use determination throuuh the National Park Service. 1111,,t:IlIllnu llmIllw City Of Kenai 210 Fidalgo Ave Ste 200 Kenai AK 99611 -7794 Ca -112- II it. IhIlEeLd dte,l for 2011 2013 Presorts Std US Postage PAID Permit 500 Anchorage, P.K. tibsjstt nrn Fisheries Proposals Submit proposals: By mail or hand delivery Federal Subsistence Board Office of Subsistence Management Attn: Theo Matuskowitz 1011.E. Tudor Rd., MS -121 Anchorage, AK 99503 M At any Federal Subsistence. Regional Advisory Council meeting On the Web at http: /www.regulations gov Questions? Ca4t,(800) 478 -1455 or (907) 786-3898 r All proposals and comments, including personal information provided, are posted on the Web at http://www.regulations.gov STATE, CAPITOL, PC.) Box 110001 Juneau, Alaska. 99811 -0001 907- 465 -3500 fax; 907 -405 -3532 January 21, 2010 Ms. Carol Freas City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Ms. Freas, Thank you for your letter to Governor Parnell and the resolution regarding the recent decision by the Board of Fish.eries to hold the Upper Cook Inlet regulatory meeting in Anchorage rather than on the Kenai Peninsula. The Governor has asked that I respond on his behalf. While the decision about where to hold regulatory meetings is within the purview of th.e board, we believe that the board should hold its meetings in the area most affected by its decisions. Governor Parnell recently sent a letter to the board requesting that they schedule their regulatory meetings in the affected region to allow as much public participation as possible. I have enclosed a copy of that letter for your information. In th.e case of the Upper Cook Inlet meeting, residents of the Kenai Peninsula, Anchorage, and the Matanuska- Susitna Borough are all affected by the board's actions, making the decision of where to hold a meeting a difficult one for the board. Each regulatory meeting affects the residents of a number of Alaskan communities, and the board considers many factors in scheduling meeting locations, including logistics and convenience for members of the public who wish to participate. I have shared your resolution with the members of the Alaska Board of Fisheries so that they are aware of your concerns and recommendations should they choose to revisit their previous decision about where to hold this meeting. I appreciate you bringing these concerns to our attention and look forward to working with you on this and other fishery issues. Sincerely, Cora Campbell Fisheries Policy Advisor Enclosure Office of Governor Sean Parnell STATE OF ALASKA -113- R C E JAN 26 2010 KENAI CITY CLEK 550 West 7th Avenue 1700 Anchoragc,.4laska 99501. 907- 269 -7450 fax 907- 269.7463 www.gov..alaska.gov Govemor@alaska.gov alaska.gov Ms. Carol Freas January 21, 2010 Page 2 cc: The Honorable Gary Stevens, President, Alaska State Senate The Honorable Mike Chenault, Speaker, Alaska Stare House of Representative The Honorable Tom Wagoner, Alaska State Senate The Honorable Bryce Edgmon, Alaska State House of Representatives The Honorable Kurt Olson, Alaska State House of Representatives The Honorable Paul. Seaton, Alaska State House of Representatives The Honorable Denby Lloyd, Commissioner, Department of Fish and Game Jim Marcotte, Executive Director, Board of Fisheries Jason Hooley, Director, Boards and Commissions, Office of the Governor -114- STATE CAPITOL. F� eln. t 10001 /Lanai". Ara.4k;,t 99811-0001 907-465-3500 fax: 907.465-3532 October 30, 2009 Mr. Vince Webster Chairman Alaska Board of Fisheries P.O. Box 115526 Juneau, AK 99811 Re: Regular() ty Board of Fish Meetings Dear Chairman Webster and Board Members, Governor Sean Parnell STATE OF ALASKA cc: The Honorable Lyman Hoffman, Alaska State Senate The Honorable Bryce Edgmon, .Alaska State House of Representatives The Honorable Daniel O'Hara, Mayor, Bristol Bay Borough Robin Samuelson, President and Chief Executive Office, Bristol Bay Econon Development Corporation Joseph ChythIook, Board Chairman, Bristol Bay Native Corporation The Honorable Denby Lloyd, Commissioner, Department of Fish and Game -115- 550 Wexi 71N Avenue #1700 Anchorage. AO:uka 9950; 907- 269.7450 fay 907-2h9-7463 rnaw.tiov.u1aska,gov Govcrnor@aia ka. ,ov I am cvriting to personally request that the Alaska Board of Fisheries schedule and hold your regulatory meetings in the region of Alaska. most affected by your actions As you know, one of the srrcngths of the Board of Fisheries' process is that it relies on input from the public to make informed decisions. In order for Alaska residents that depend. on fisheries for subsistence, personal use, recreation, and commercial purposes to have the best possible avenue to provide their input to the board, regulatory meetings should be held in the affected region. 1 appreciate the efforts made by the bond to hold regional listening sessions when the board meeting is scheduled elsewhere. However, these sessions are not a complete substitute for die opportunity to participate fully in a meeting, give oral public conuncnts, and serve on board comtaittees. The art «id expense required for rural Alaskan fishermen to travel. to Anchorage for regulatory meetings is daunting at best and cliscaurages participation. In closing, I value your service on the Alaska Board of Fisheries. I appreciate the personal sacrifice and dedication your service provides to the people and resources of Alaska. MARK BEGICH AkA5KA COMMITTEE ON ARMED SERVICES COMMITTEE ON iE RCE, SCIENCE, AND TRANSPORTATION COMMO1T_S ON VETERANS' AFFAIRS The Honorable Harry Reid Majority Leader United States Senate S -221, the Capitol Washington, D.C. 20510 The Honorable Byron Dorgan Chairman Democratic Policy Committee 419 Hart Senate Office Building Washington, D.C. 20515 tl tat WASHINGTON, DC 20510 January 26, 2010 jibe Honorable Richard Durbin Assistant. Majority Leader United States Senate 309 Hart Senate Office Building Washington, D.C. 20515 Dear Majority Leader Reid, Assistant Majority Leader' Durbin, and Chairman Dorgan, I. urge you to support legislation creating jobs for communities across America. The nation's unemployment rate is at an all time high and requires we move now t.o provide additional assistance to create jobs within the sectors of small business, public safety, education, summer youth employment, community -based energy and conservation, and. neighborhood infrastructure. To expedite job creation, 1 propose program finding in the above sectors he allocated directly to local governments, avoiding costly federal and state bureaucratic delays, and to projects hiring workers in the summer and fall of 2010, Funds failing this test should he re- programmed to other job-producing recipients. This year is expected to be the toughest test for local government budget shortfalls, forcing many jurisdictions to lay offcriticai workers at a time when high un.employment and housing foreclosures continue to erode local revenue bases. It is imperative we take action to help communities avoid laying. off additional critical workers such as police officers, firefighters, and teachers. Through contracts to small businesses, local governments can implement neighborhood infrastructure projects this summer creating, millions of new private sector jobs to help put their unemployed residents back to work. I propose the following programs he included in the Senate jobs Package, which will enable immediate job growth. -116- SUITE 99 -44 FIUS 0LL BUILDING WASW rJGTON, 00 29510 12921 -;i0O4 51.919 bah, T, i AN C4 C U 07 271 -5915 January 26, 2010 Page 2 Funding for the COPS program to retain.and rehire laid -off police officers Funding for firefighters and the critical. equipment they need to fight fires Funding for Summer Youth .Jobs to provide disadvantaged. youth meaningful employment this summer Funding for Neighborhood Infrastructure projects to resurface streets, repair sidewalks, replace leaky pipes, renovate bus stops, and upgrade public transportation facilities and other community -based infrastructure projects Funding for local energy conservation. and efficiency projects to promote green jobs Funding for hiring and retaining teachers (funded through states) General Targeted Fiscal Relief to assist cities with high rates of unemployment and budget shortfalls Funding for School Construction Increased Funding for TIGER Grants Incentives for small businesses Again, by legislative mandate, federal agencies would be required to obligate and disburse funds to local governments within 30 days of enactment. Local governments'would then he required to commence projects within 60/90 days of receipt of funds and to hire /retain public safety officials and teachers by the fall of 2010, With these criteria I believe the jobs package under consideration by the Senate would create jobs quickly for communities across America, Sincerely �7 Mark Ber •h United States Senator -117- The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611 -7794 STATE OF ALASKA D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community and Regional Affairs RE: FY 11 POPULATION DE 1 ERMINATION January 15, 2010 Dear Mayor: The Department of Commerce, Community, and Economic Development annually certifies the population of each municipality for use in various financial assistance programs based upon population estimates prepared by the State Demographer at the Department of Labor and Workforce Development, The 2009 population of the City of Kenai has been determined to be 7,115. If you do not agree with this figure, you may request an adjustment by documenting your own population. Municipalities with a population of less than 1,000 must conduct a "head count census Municipalities with 1,000 or more residents may use a "head count census" or the "housing unit method which includes specific statistical measures. The department requires that the population adjustment request by fully documented, that the Council or Assembly pass a resolution adopting the results, and that the process be completed and postmarked by April 1, 2010. If you choose to request a population adjustment, please contact the department for a copy of the January, 2010, Head Count Census Instruction Manual or the Housing Unit Method Population Estimate Instruction Manual. These manuals provide additional information on the procedures and documentation required. Contact Brigitta Windisch -Cole, Research Analyst, (phone: 907- 269 -4521, email: brigit ta.windisch- cole(a)alaska:gov) or Bill•Rolfzen (phone: 907 -465 -4733, email: bill.rolfien@ataska.gov) for additional information. Sincerely, areJollie Director Sean Parnell, Governor EmilNotti, C.ommirrioner TaraJollie, Director RECEIVED JAN 19 2010 KENAI CITY CLERK P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (90 465 -5550 4654733 Fax: (907) 465 -4761 Text Telephone: (907) 4655437 Email: questions@alaska.gov Websit i. t, p:/ /www.commerce.stare.ak,us /dcra/ ccunc;l KK doo8 °'11341 "KfIa e with a Past, Gift' with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext221 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: j Terry Eubank, Finance Director DATE: January 22, 2010 SUBJECT` Quarter ending December 31, 2009 Investment Report City of Kenai Investment Portfolio At December 31, 2009 the City had investments with a market value of $23,243,970 that is up from $22,564,809 at September 30, 2009. The City's portfolio is yielding 1.71% the same as September 30, 2009. City's Investment Portfolio US Agency Securities 19,023,990 AML Investment Pool 260,047 Wells Fargo Money Market 1,172,757 FDIC Insured Certificates of Deposit 1,750 Bank Balance 1.037.176 Total 2 970 Airport Permanent Fund Investment Portfolio The forth quarter of 2009 saw continued recovery of the equities markets and positive returns for the fund. For the quarter, the portfolio returned 3.42% and was 0.11% above its benchmark for the same period. Since inception the portfolio has earned 14.92 Based upon earnings through May 31, 2009, $289,136 was withdrawn from the fund and transferred to airport operations. Management of the fund allows actual earnings or a maximum 5% to be transferred from the permanent fund to operations for the first two years of the funds existence, Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio CITY OF.KENAI INVESTMENT PORTFOLIO SUMMARY December 31, 2009 December 31, 2009 Fair Market Current Value Yield Cash Cash Equivalents Wells Fargo Checking 1;037,176 0.04% Wells Fargo Secured Money Market 1,172,757 0.15% FDIC Insured Certificates of Deposit 1,750,000 2.00% Alaska Municipal League Investment Pool 260,047 0.08% Total Cash Cash Equivalents 4,219,980 0.89% Average Yield 7,016,060. 2.64% 6,026,250 1.46% 5,981,680 1.44% 19,023,990 23,243,970 1.89% Investment Portfolio- Purchase Price $18,974,383 Investment Portfolio Fair Value 6/30/09 19,101,873 Fair Value Adjustment 6/30/09 127,490 Fair Value Adjustment 12/31/2009 (77,883) Cummulative Change in Fair Value 49 607 Portfolio Liquidity 2°% Minkwm Many 1- 2 years Maturely over 2 years 30% Maximum ElPoilcy Minimum/Maximum ■AWUal CITY OF KENAI INVESTMENTS 12/31/2009 SECURITY FHLB 2.625 Step Annually FHLB 1.125 Step 10/15112 to. 3. FFCB 1.2 3/15/12 FFCB 1,04 12/15/11 FFCB 0.6 6/9/11 FHLB 0.5 6/22/10. Step FHLMC 2.0 Step Annually FHLMC FHLB 1.3 9/23/11 FHLMC 3,25 FNMA 2.0 FNMA 2.0 FHLMC 3.0 FNMA 4.125 CUSIP 3133XU2J5 0 3133XV2R1 313310508 31331 G5P0 31331G5N57 3133XVYA32 3128X8401 3128X8TX0 3133XUR96 3128X6K54 3136FHA08 3136FHBB0 3128X7FG4 3136F44K7 CITY OF KENAI Investments 12.31.09 COK 12/31/09 Unrealized Gain EFFECT. DATE DATE ori ginal cost Market Value 'or Loss RATE PURCH. DUE 2,000;000 2,000;620.00 :620.00 2.625 10/8/2009. 10/82014 2,000,000 1 (2,500.00) 1,125 10/15/2009 10/15/2012 2,000,000 L983,760.00 (16,240.00) 1.200 12/15/2009 3/15/2012 1,000000 991,880.00 (8,120.00) 1.040 12/15/2009 12/12/2011 999,250 .995,000.00. (4,250.00) 0550 12/9/2009 6/9/2011 1500,000 999,060,00 (940.00) .0.500 1222/2009. 1222/2011 1,000,000 1,000,190.00 190.00 2.000 7/8/2009 7/82014 1,000,000. 1,000;230.00 (10.00) 2.000 4/8/2009 4/18/2014 2,01.5583 2,003,120.00 (12,563.33) 0.634 12/2/2009 9/23/2011. 1,000000. 1,001,920.00 (12,520.00) 3.250 1/312008" 1/29/2010 1,000,000 1,001,56050 (4,380.00) 2500 2/172009 2/17/2012 1,000,000 999,38050 11,250.00 2.000. 226/2009 2/26/2014 2,000,000 2.012,580.00 (15;920.00) 3.000 4/232008 4/23/2010 959,450 1,037,190.00 (12,500.00) 5.150 8242006 2/17/2011 CITY OF KENAt AIRPORT PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY December 31, 2009 Current or Current Pair Market Value Average Portfolio Target Portfolio 31- Mar -08.. 30-Jun-09 30-Sep-09 31.Dec -09 Yield Weight. Weight Maximum Fixed Income Cash Cash Equivalents Wells Fargo Secured Money. Market 142089 85,719 482,780 187.867. 0.15 Total Cash Cash Equivalents 142089 85,719 482,789 187,867 Government Corporate Securities Government Securities 4,785,343 4,465,296 4,544,478 4,754,201 2.77% Corporate Securities 3,293425 2,950,446 3.063.481 3,290,374 5.59% Total Government Corporate Securities 8.078 788 7,415.744 7,607,939 8,044 575 3.93% Total Fixed income 8,220,857 7,501,463 8,090,728. 8,232,442: 354% 4298% 45.00% 555.00% EquIties Domestic Equities Standard Poors SOO lndex 2,995,996 3,706,958 4,031,109 4,254,445 2124% 20.00% 25,00% Standard Poors 600 Small -Cap Index 941,027 1,108561 1,158,970 529% 5.00 1000% Standard Poors400 Mid-Cap Index 1,370,060. 1,852,170 2,209,847 2,320,741 10.81% 10.00% 15 00% Total Domestic Equities 4,366,056 6,500,155 7,349,517. 7,734,155 3724% 3500% 5000% International Equities Vanguard Europe Pacific ETF 1,504,923 1,867,910 Vanguard Emerging Market ETF 995 966 Total International Equities. 1,504,923 2263876 Real Estate Vanguard REIT EfF Total Real Estate Total Equities Total Portfolio 122 2,041,982 2,038,029 1,205,989 1 283,300 3,247,971 3,319,329 10,70% 10.00% 15.00% 571% 5.00% 1000% 1841% 15.00% 25.00% 10.00% el .m a Pears wo 588,345 906221 978,151. 589,345 906,221 978,151 5270,979 9,953,376 11,503,709 12,031 634: 14.091, 17454.839 19,594,437 20,264.077 Partfolio Contpo&Rion i Poms IMO 0 *-5 PmIa eM V.mpmVEUVq VPneuue Eme,pino N,an0 Pat CaPmn^ M5A iflt. PWpa ETP Merstaw Po M1folio Welgm ®Tend POMOpo WoMdhl OMaxlmum Po: POrtfoilo Perfnrma Cermnl5wttor Year One Lead Yes Inmpeon to I 3,42% 15.5814 1559% 14.9210 381% 15051..' 15.42% 14.70% 3.38% 500% 1000% 338% 500% '10,00% 100.00% 100.00% 15000% January 13, 2010 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; Enclosed is our December 2009 report for the Airport .Permanent. Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. At month -end, the market value of the portfolio was $20,264,072 which includes $63,661 in accrued interest. Based upon the composition of the portfolio at month -end the annual cash flow would be $302,707. Anything you need or comments let me know.. Bert Wagnon Senior Vice President E r f5 t »..'A«£ t e 2 t 0) 0.4 c? W U 1— Q I 1 k 0 cEnz m m §(y) 7 R2 2 F( t z( &\E o p. gym® D ƒ u u...p ƒ. E o (s) Um c 184 I adiats i O o 1 c c E m rn- c c P N d tt3 2-r a 4i F U d U 4 .e C N c W Q O E r�� sn O Q O O O O m O Co.. trl N Co N n 0 C 00 M M O b Q O N M1 a o 0 Q 0 N m a O O 0Q m G O va a U O O N 00 R 0 G 0 N 0.0 01 N O O O O o--'. 00 eM1 N N N N., V1' N 4i et 0 M P C 01 h M11 N C 'M1 IN l{ N N I 01 M 0 b N Ce 00 0 00 h 0 00 a° 0' N m O O P O. O O O O O 0 W M O N c0 Q M t M T V N N N N Q N- n N �U T O 01 'D b W 9 N M b 0 'D O N T n D O O N O O W 4 M M P O O 0 O O O. O b' a P N Po 1 00 N C. b rYi. a n O t"' N 0 01 O t+ M c 0.c 00 N N N 0) N' N en t`1 O O O O p b O N N N Y O -125- M1 O O O N 0' O r Q C N N N C O O M p O 9 �O N 00 m '0 C O. O' O 6 0D Q V N a z C7 o' C7 :J U O J C W 4 m Q U L- b a Z N 'F :v a C.J� r Y V' �Ct r ONO J —Yar PPPN N< �o N 0 0 tin a. G- 4 V i O `�O b 6 O b b i 0 O:"^r.6 'E `L 0 7 N 0 oco" U zs z c i° a.y U S 0. 8 p v i v i W'^<00000cN NW 0. cP< 4 ri ��_o F�.H�ae.i�to 0.<r0CCl 000F^ r o 0 °o o 0 G G O O O O C O 2' p 04 (-4 b ry 0 U m. E 0 m tn h 0 6 v o b 0 0 N M N C N N ry N p M U S 0 N. O 0 N O t- N rn 0 m N r O .r M m G O O O 0 O. O 0 M N .-i O b N 0 T O 0 0 p C V d, t' _t d' y". .s 00 to M M O C 00 0 N 0 N O 'l tT R m N O 0 0 0 0 0 0 b P 00 O 00 N 0 0 W 0' b Ur. 0 V 0 N CO M Nh a w co w m 0 -126 0 N N a z V G o 4 N c a gl'Aigg2E2gAIWZ cis 4411. p 67 8 O'0 2° 'W C5 2F42-r O 00ZZi3On0 0,tgE e' u— a z 0 0 0: °8 0 0 8 0 0 U N o 0 0 0' 0 0 0 0 0 0 Le i 00 ANT G N 0 N N N N N 0 N m M 4,1 4, 6 3 M o 0 N 0 23 t ao� n p❑ m M �z 4 am. N g" o' 4 a N ,0 n" m y M N en ƒ ƒ 4;y c6‘, ag. 3 0 g. yc%\§(@, 2 /7 5 p.a`m ON GIN ON ON r4 -129- t- Ew (11 uu,,u, n ON L ON u» to 0 m 00 0 CO d rt 2 ƒ 4 2 2 ra as 7 M ,5), f\ 1 yr- -7 4 g 01 ƒ} 5 D r4 g e d <ON a! O VS 2 C\J�/ «s w e -130- O CO CO C` O 0 10 CO O c¢ C- b M h O N O. n h CY' O 0 e0 eft V O M 5 N O N 0 'a N N' V_ M F +n N w T y vJ C g' y p u tw,. v a o c w 6 C4 4 a 61 d v L w 'w az q 'f;7 W ar on Q m i a. D p„ 4: c C\ O\ in h an an N 0 0 0 .-n YR [xl O GO 4- N C N S OA lot .y M O O G a 0a 0 O 0 O 0 O O C1 0 b W C P✓> r O O O r t■I el -132- j osi z U o a a. gy�p!+. U1 U; V� Vi on. p iG W toc M. O w O ti O P Q w 00 a =co Q�.y tun grgrn.2d= a 'M'ie v c. e .<o go W e, e• e U c 'r d-10 ƒ st 2 a A 5. "r 7 ct ft\%±\ c n l 3t K Ak CA \tj j a. a 2; w [.I. K KEISL MEMO: cc: Tina Williams, Finance Department Villa, with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 -134- TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: January 26, 2010 SUBJECT: New Lease Lot 14, Block 1, Cook Inlet Industrial Air Park At its January 6, 2010 Council Meeting, Council tabled the approval of a new lease for the above referenced property to Dave Schilling and Michael Schilling, d /b /a Schilling Rentals. I spoke with Dave Schilling today and he indicated that he will not be filing an application for a new lease for the above referenced property. Pursuant to our discussion, a Mutual Rescission of Lease effective December 31, 2009 will be prepared and will be forwarded to the City Attomey for her review and approval as to form. The filing fee received November 30, 2009 with Schilling Rental's request for an extension of its construction schedule will be refunded. S K I 11 1992 KENAI ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 28, 2010 Subject: Quarterly Financial Report "I/iflage with a Past, C# with a Fuutw'e FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water /sewer fund as of December 31, 2009: This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through November. The forth quarter 2009 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of January or early February. State and Federal is'below budget in all funds because of PERS aid. The State doesn't actually give us any money. Instead they make an `on- behalf payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non- Departmental department is way under budget. At year -end we will record revenue and expenditures for these items. Interest and miscellaneous appears to be higher than anticipated this early in the year; however, interest revenue is recorded in the General Fund until year -end at which time we allocate it to the various funds that eam interest. Further; this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year -end. -135- Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2009 Original FY2009 FY2010 Amended YTD Actual Budget Budget Actual Variance REVENUES Appropriation of Fund Balance 5 620,589 988,246 (988.246) 0.00% Taxes 8,101,263 8,059,685 8,059,685 4,137,192 (3,922,493) 51.33% Licenses/Permits and Ambulance 447,192 374,000 374,000 240,124 (133,876) 64.20% State /Federal 1,437,055 1,091,375 1,257,008 719,559 (537,449) 57.24% Dock/Multipurpose/Miscellaneous 168,247 234,000 234,000 110,755 (123,245) 47.33% Fines and Forfeitures 87,138 296,850 297,276 43,714 (253,562) 14.70% Interest and Miscellaneous 1,194350 796,185 814.609 454,702 (359,907) 55.82% Transfers /Central Admin Fees 1,400,074 1,162.613 1,162,613 579,807 (582,806) 49,87% Total Revenues 12,835,319 12,635,297 13,187 437 5.285.853 (6,901,5841 47.67% EXPENDITURES TRANSFERS General Govemment 01 City Clerk 206,006 228,057 230,339 111,650 118,689 51.53% 11 Legislative 137,295 175 925 190,925 111,892 79,033 41.39% 12 Legal 259,558 286,865 286,865 136,718 150,147 52.34% 13 City Manager 230,388 248,075 255,238 119,994 135,244 52.99% 15 Finance 429,198 401,349 401,349 189,053 212,296 52.90% 16 Land Administration 9,915 22,392 25,892 5,609 20,283 78.34% 18 Non Departmental 999,142 840,314 945,231 397,452 547,779 57.95% 19 Planning and Zoning 198,806 227,004 227,004 98,354 128,650 56,67% 20 Safety 2,227 8,560 8,560 611 7,949 92,86% Total General.Govemment 2,472.535 2.438.541 2,571,403 1 171 333 1,400,070 54.45% Public Safety 21 Police 2,301,634 2,623,696 2,740,574 1,348,207 1,392,367 50.81% 22 Fire 1,885,886 2,094,870 2,094,870 974,676 1,120,194 53.47% 23 Communications 632,541 688,404 706,123 394,451 311;672 44.14% 29 Animal Control 280 156 306,490 306,490 156.230 150260 49,03% Total Public Safety 5,100 217 5713.460 5,848.057 2,873,564 2,974,493 50.86% Public Works 31 Public Works Administration 196,507 221,410 221,410 106,264 115,146 52,01% 32 Shop 596,380 674,522 674,522 216,256 458,266 67.94 33 Streets 711,247 849,525 849,525 361,091 488.434 57,49% 3 4 Bu ildings 394,314 512,6 467,680 178,648 309,032 63.37% 35 Street Lighting 218,944 188,527 188,527 49,744 138,783 73.61% 36 Dock 90,961 126.925 126,925 48,723 78,202 61.61% Total Public Works 2,208,353 .2.573.589 2 548.589 960 726 1,587,863 62.30% Parks and Recreation Culture 03 Visitor Center 114,790 125,977 156,977 61,802 95,175 60.63% 40 Library 639,520 642,778 671459 298,041 373,418 55.61% 45 Recreation 405,000 461,951 453,623 177,363 276,260 60.90% 46 Parks 379755 420,139 411,639 215,834 195,805 47.57% 47 Beautification 142.735 108633 12.5461 70,967 54,494 4344% Total Parks and Recreation 1,681.800 1 759 478 1.819,159 824,007 995 152 54.70% Total Operating Expenditures 11,462,905 12.485,068 12,787.208 5,829,630 6.957,578 54,41% Transfer to other funds Senior Citizen 182,679 149,229 149,229 74,615 74,614 50.00% Visitor Center Heating Capital Projects 466,026 #DM0! Library Expansion Capital Project 250,000 250,000 Other non- operating 43.319 1,000 1,000 1.000 100,00% Total Transfer to other funds 691.024 150.229 400,229 324,615 75,614 18.89% Total Expenditures Transfers 12,153,929 12,635,297 13,187,437 6154,245 7.033.192 5833% Net Revenues over(under) Expenditures 681,390 5 131,806 131,608 Note: The original budget includes outstanding encumbrances at 6130 /2009: -136- REVENUES Appropriation of Fund Balance State /Federal Interest Leases Fees Terminal Revenues Landing Fees Transfers in Total Revenues EXPENDITURES TRANSFERS Terminal Area Airfield Administration Other Buildings Areas Training Facility Total Expenditures Transfer to other funds Airport Improvement Capital Projects 64,376 Courthouse Parking Capital Project 291,250 Total Transfer to other funds 355.626 Total Expenditures Transfers 3.341,826 Net Revenues over Expenditures Quarterly Airport Fund Expenditure Report For Quarter Ended December 31, 2009 Original' FY2009 FY2010 Actual Budget 64,935 774,275 568,493 221,188 291,937 828,521 26,782 618,300 544,300 247,500 311.000 1,920,828 2.576.403 507,768 573,331 573,331 1,553,326 1,463,726 1,463,726 282,024 266,061 266,061 478,944 172 825 172,825 164,138. 100,460 102.978 2,986,200 2,576.403 Z578,921 (1,420,998) Note: The original budget includes outstanding eneum 2576,403 nces at 6/30(2009. -137- Amended Budget 999,022 26,782 618,300 544,300 247,500 311,000 167,983 167,983 167 983 167,983 YTD Actual Variance 230,132 343,199 581,713 882,013 108,540 157,521 56344 114,481 37,244 65734 1,015,973 1,562,948 (999,022) 0.00% (26,782) 0.00% 342,543 (275,757) 55.40% 283,831 (260,469) 52,15% 118,311 (129,189) 47,80% (311,000) 0.00% 2,746,904 744.665 r2 002,2191 27.11% 59,86% 60.26% 59.20% 66.24% 63.83% 6Q.80% 0,00% 0.00% 2.746,904 1,183,956 1,562,948 56.90% (439,271) (439,271) REVENUES Appropriation of Fund Balance State /Federal Water/Sewer Fees Penalty and Interest Interest and Miscellaneous Total Revenues EXPENDITURES TRANSFERS Water Sewer Wastewater Treatment Plant Total Expenditures Transfer to other funds Water Sewer Capital Projects Total Transfer to other funds Total Expenditures Transfers Net Revenues over Expenditures Quarterly Water Sewer Fund Expenditure Report For Quarter Ended December 31, 2009 FY2009 Actual 56,640 1,775,002 13,614 151,017 1 996 273 748396 676,670 676.870 382,496 380,458 380;458 829,296 907,430 907,430 1,952,188 1.964,758 1.964.758 1,952,188 44,085 Original FY2010 ud et 84,521 25457 1 ,775,780 26,000 53,000 Note: The original budget includes outstanding encumbrances at 6/30/2009, 1,964,758 2,430,978 896.478 (1,534,500) 36.88% 1.984.766 2.430.978 1,265,658 1.166.320 47.94% (369,180) (2,699,820) -138- Amended Budget 550,741 25,457 775,780 26,000 53,000 YTD Actual 882,414 12,688 1,176 466,220 466,220 466 220 466 220 Variance (550.741) 0.00% (25,457) 0.00% (893,366) 49,69% (13,112) 4857% (51,824) 2.22% 266,324 410,546 60.65% 152,846 227,612 59.83% 380.268 527,162. 58.09% 799.438 1,155,320 59.31% 0.00% 0,00% Kenai Peninsula Borough February 2, 2010 7 :00 PM Pete Sprague Assembly President Seat 4 Soldatna Term Expires 2010 Hal Smalley Assembly Vice President Seal 2 Kenai Term Erpires2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Make Haggerty Assembly Member Sear 9 South Peninsula Term Expires 2012 'nopp ably Member Kalifornsky Term Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Seat 5- Sterling /Funny River Term Expires 2011 Bill Smith Assembly Member Seat 8 Homer Term Expires 2011. Gary Superman Assembly Member Sear 3 Nikiski Tenn Expires 2010 February 2, 2010 B. PLEDGE OF ALLEGIANCE C. D. F. G. J. K. CALL TO ORDER LNVOCATION ROLL CALL COMMITTEE REPORTS Assembly Agenda Regular Meeting Borough Assembly Chambers, Soldotna, Alaska APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk Co) are considered to be routine and non controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES 1. January 19, 2010 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) None PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 8 1. Assembly Requests/Responses Travel Expenditure Report for Appendix A Personnel (requested by Assembly Member Smith, from list of identified Appendix A Personnel, report of January 19, 2010, to include specific training attended to be provided to the Assembly on the day of the meeting) -139- Page 1 of 5 Agreements and Contracts a. Authorization to Award Contract to Calence for the Cisco Unified. Communication Essential Operate Service, Cisco Unified Communications Software Subscriptions and Cisco Smartnet Services 9 b. Authorization to Award Contract to Central Valley Presort, Inc., for Assessment Notice, Mass Mailing Project 11 Other a. FY2011 Population Determination Letter from State of Alaska, Department of Commerce Community and Economic Development dated January 15, 2010 12 ITEMS NOT COMPLETED FROM PRIOR AGENDA None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2009- 19 -24: Appropriating $30,000 in Supplemental Funding to Cover the Cost of Vehicle Maintenance and Individual Physical Examinations for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Referred to Finance Committee) 13 2. Ordinance 2009- 19 -25 Appropriating $666,636.93 for the Buildout Plan to Finish Shell Space in the Mountain Tower at Central Peninsula Hospital (Mayor) (Referred to Finance Committee) 3. Ordinance 2010 -01: Authorizing Land. Conveyance to the City of Soidotna of a 10 -Acre Borough Parcel on West Redoubt to Support a City Cemetery (Sprague, Mayor) (Second Hearing on 02/16/10) (Referred to Lands Committee) 29 4. Ordinance 2010 -02: Eliminating the Sunset Date of the Appointed Board of Adjustment (Sprague) (Referred to Policies and Procedures Committee) 45 Ordinance 2010 -06: Amending KPB Chapter 5.28 Regarding Proprietary Procurement (Sprague) (Referred to Policies and Procedures Committee) 48 UNFINISHED BUSINESS None February 2, 2010 Page 2 of 5 -140- r NEW BUSINESS 2. Ordinances 3. Other Resolutions *a. Resolution 2010 -009: Accepting $25,000 from the Alaska Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management, for Emergency Management Operations (Mayor) (Referred to Finance Committee) 51 *b. Resolution 2010 -010: Designating the Newspaper and Authorizing Award of a Contract for the Publication of the 2010 Property Tax Foreclosure List, and the Delinquent Personal Property Tax and Delinquent Real Property Lease Lists for the Tax Year 2009 (Mayor) (Referred to Finance Committee) 58 *c. Resolution 2010 -011: Supporting the Decision of South Peninsula Hospital, Inc. to Discontinue Providing Personal Care Attendant Services (Mayor) (Referred to Policies and Procedures Committee) 61 *d. Resolution 2010 -012: Adding Fern Forest Street in the Road Service Area Board Capital Improvement Project Five -Year List as a Fiscal Year 2011 Capital Improvement Project #C6BON (Mayor) (Referred to Legislative Committee) 66 Ordinance 2009- 19 -28: Appropriating Supplemental Funding of $136,165 for Costs Associated with Asbestos Abatement at the South Peninsula Hospital Expansion Project (Mayor) (Hearing on 03/02/10) (Referred to Finance Committee) 71 Ordinance 2010 -08: Enacting KPB 16.20.210 Authorizing Billing for Ambulance and Emergency Medical Services by the Kachernak Emergency Service Area (Mayor) (Hearing on 03/02/10) (Referred to Finance Committee) 74 Request for Formal Assembly Objection to the Renewal of the Following Liquor License Due to Unpaid Taxes (Referred to Finance Committee) 77 Business Name Location Decanter Inn Clam Gulch, Alaska rebruary 2, 2010 Page 3 of 5 -141- *b Confirming an Appointment to the KPB Moose Pass Advisory Planning Commission (Referred to Policies and Procedures Committee) 79 Appointment Board Seat Term Expires Michael Cooney Seat F September 30, 2010 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND ITARIN'G ANNOUNCEMENTS 1. February 16, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Motion to Direct the Legal Department to Pursue a Civil Remedy Against Hugh Chumley, KPB Chief of Staff, .Pursuant to Alaska State Statute 29.25.070 (b) Regarding the Borough's Purchase of Equipment from Chumley's, Inc Without a Notice of Intent to Do Business Form Being Filed Tabled 12/01/09 Ordinance 2009- 19 -26: Accepting and Appropriating a Grant of $250,000 from The Alaska Department of Environmental Conservation for the Purpose of Conducting the Cook Inlet Marine Vessel Traffic Risk Assessment Study, and Authorizing the Mayor to Contract v,Tith Cook Inlet Regional Citizens i 02/16/10) Advisory �ouncCouncil P to Provide the Services (2v`iayor) �riean ng on (Referred to Finance Committee) 3, Ordinance 2009- 19 -27: Appropriating. Cruise Ship Passenger Tax Proceeds Received from the State of Alaska for FY2009 to the City of Seward in the Amount of $345,747.50 and to the City of Homer for $2,897.50 (Mayor) (Hearing on 02/16/10) (Referred to Finance Committee) 4. Ordinance 2009 -52: Amending Title 16 Service Areas, to Allow for Board Members to Be Appointed by the Mayor and Confirmed by the Assembly When a Vacancy Occurs Outside of the Election Cycle (Pierce) (Postponed until 02/16/10) (Referred to Policies and Procedures Committee) 5. Ordinance 2010 -01: Authorizing Land Conveyance to the City of Soldotna of a 10 -Acre Borough Parcel on West Redoubt to Support a City Cemetery (Sprague, Mayor) (Second Hearing on 02/16/10) (Referred to Lands Committee) February 2, 2010 Page 4 of 5 -142- 6. Ordinance 2010 -03: Amending KPB 17.10.100, Methods of Disposition, By Adding Subsection 17.10.100 (J), Oil and Gas Leasing (Mayor) (Hearing on 02/16/10) (Referred to Lands Committee) 7. Ordinance 2010 -04: Authorizing the Mayor to Amend the Aardvark Septic Waste Disposal Lease to Modify the Lease Boundary, Adjust the Rent, Suspend the Lease, and Provide an Option to Reinstate the Lease for a Period of 10 Years (Mayor) (Hearing on 02/16/10) (Referred to Finance Committee) 8 Ordinance 2010 -05: Authorizing a Land Exchange with the City of Soldotna to Provide for Soldouta Ads-port Expansion Through the Realignment of Funny River Road and Providing Additional Parlcing Area for the Donald E. Gilman River Center (Mayor) (Hearing on 02/16/10) (Referred. to Lands Committee) 9, Ordinance 2010 -07: Amending KPB 4.30.060 to Prohibit a Person from Serving Simultaneously as a Member of the Assembly and Member of a City Council within the Borough (Fischer) (Hearing on 02/16/10) (Referred to Policies and Procedures Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 16, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldoma, Alaska This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBB1 -AM 890 (South Peninsula), K201AO -FM 88.1 (East Peninsula). Copies of agenda items arc available at the Borough Clerk's Off in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478- 4441, &t. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. iebruary 2, 2010 Page 5 of 5 -143- Press Release State Acts Promptly to Safeguard. Alaskans Against Potential Identity Theft Page 1 of 2 About the Department; Law Newsroom; Legal Resources; Contact Us Press Release Department of Law> News Announcements FOR IMMEDIATE RELEASE January 28, 2010 Juneau, Alaska Attorney General Dan Sullivan announced today that the State of Alaska has reached a settlement with PricewaterhouseCoopers LLP to provide credit protection for about 77,000 former and current public employees whose names and confidential information were misplaced by the professional services firm. The lost personal information is for the public employees and retirees who were participants in the Public Employees Retirement System and the Teachers Retirement System in 2003 -2004. "In this settlement, PricewaterhouseCoopers has accepted responsibility for this security failure," the attorney general said. Most importantly, the firm has agreed to protect Alaskans by paying for identity theft protection and credit monitoring, or a security freeze, for each of the 77,000 Alaskans who are potentially affected by this failure and by ensuring that Alaskans are reimbursed for losses that they might incur as a result of ID theft caused by this breach." Sullivan also noted that other provisions of the settlement protect the state's finances by, for example, requiring PricewaterhouseCoopers to pay for up to $100,000 of the cost of notifying affected individuals. "However, our overriding goal has been to make sure that our citizens who might be at risk are protected," he said. "We have achieved that." The information on Alaska public employees and retirees originally was maintained by Mercer, the former !onetime actuary for the state, who provided financial projections for the state's retirement systems. The state is suing Mercer in connection with the services it had previously provided the state. As part of the discovery process in the lawsuit, a law firm representing the state requested Mercer's modeling and analysis of the state's future retirement obligations. This modeling information contained the personal data. In the ongoing litigation, the law firm then turned that information over to the state's experts, PricewaterhouseCoopers, for use in evaluating Mercer's actuarial models. In early December, PricewaterhouseCoopers discovered that the information was missing. The state was notified of PwC's security failure last week and obtained the data files containing specific information about the Alaskans involved Friday. As soon as officials in the Department of Law became aware of this breach, they began intensive discussions and negotiations with PricewaterhouseCoopers regarding efforts to locate the missing information and to put in place protections for Alaskans. The Alaska Department of Administration is preparing notices that will go out to affected individuals with details on how to obtain the protections afforded through the settlement with PricewaterhouseCoopers. In the meantime, public employees and retirees who have concerns can contact the Department of Administration at 1 -800- 821 -2251 during normal business hours. More Headlines... NEY GE.NERAUS °FACE State Acts Promptly to Safeguard Alaskans Against Potential Identity Theft http: /www.law.state.ak.us/ press /releases /2010 /01i244lDtheft.html 1/28/2010 NOTICE OF PUBLIC HEARING FEBRUARY 3, 2010 CITY OF KENAI COUNCIL MEETING 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. Resolution No. 2010 -04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials. 2. Resolution No. 2010 -05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale. 3. Resolution No. 2010 -06 Designating the City as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds. 4. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. 5. Resolution No. 2010 -08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of 5619,580.00. 6. *Liquor License Renewals Pizza Hut #9, License #2596 Restaurant /Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review, Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted. ".January 29,,`2`010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Resolution No. 2010 -04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials. 2. Resolution No. 2010 -05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale. 3. Resolution No. 2010 -06 Designating the City as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds. 4. Resolution No. 2010 -08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of $619,580.00. 5. *Liquor License Renewals Pizza Hut #9, License #2596 Restaurant /Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store 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: .,February 4, CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF FEBRUARY 3, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Ryan Huss Oil Runoff /Ryan's Creek ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Resolution No. 2010 -04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials. 2. Resolution No. 2010.05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale. 3. Resolution No. 2010-06 Designating the City as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds. 4. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. 5. Resolution No. 2010 -08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of $619,580.00. 6. *Liquor License Renewals Pizza Hut #9, License #2596 Restaurant/Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2462 -2010 Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 4. *Ordinance No. 2463 -2010 Increasing Estimated Revenues and Appropriations by $7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures. 5. *Ordinance No. 2464 -2010 Increasing Estimated Revenues and Appropriations by $8,524.80 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. Approval Fourth Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease /Non Exclusive License to Allow Access to Leased Properties. 7. Approval Arctic Barnabas Ministries Lease Application /Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision. 8. Discussion Schedule Budget Work Sessions EXECUTIVE SESSION Consultation with City Attorney regarding pending litigation and strategy, disclosure of which could have an adverse impact upon the finances of the City. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211