HomeMy WebLinkAbout2010-03-03 Council PacketCOUNCIL MEETING DATE: 3 3 -30 I D
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Mayor /Council
Clerk
Police Department
Senior Center
Library (2)
Fire Department
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Attorney
City Manager
Finance
Airport
Parks Recreation
Student Rep.
Hall Binder
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Feltman /Floyd
Kebschull /Carver
Ogle
Christine
Clarion
Mellish
Schmidt
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LX
bC
AGENDA DISTRIBUTION
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MAKE n PACKETS
COUNCIL PACKET DISTRIBUTION
Sewer Treatment Plant
Shop
Building Maintenance
Water /Sewer
Streets
Dock
Animal Control
Counter
DELIVER
Council and Student Representative Packets to Police Department Dispatch desk.
The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The
portion of the agenda published by the Clarion should be emailed as soon as
possible on packet day. The camera -ready agenda
c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at
Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in
Contacts or lbell @acsalaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
to me and I hold them in my HTML file. Place information (meeting e- packet and
agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as
soon as possible before leaving the office for the weekend.
MARCH 3, 2010
REGULAR COUNCIL MEETING
REQUESTED ADDITIONS /CHANGES TO THE PACKET
CONSENT AGENDA
REQUESTED BY:
ADD AS: Information Item No. 7 R. Koch memorandum related
to the Library Expansion Bond. ADMINISTRATION
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COUNCIL MEETING OF
ITEM A: CALL TO ORDER
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
MARCH 3, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //w nw.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. David Caswell, State Director, Honor and Remember of Alaska Honor and
Remember Flag.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Resolution r n Amending the Administrative and
rV G. 2 ®10 r AiTaeiiuiiig uae Admxn2� ratter., Policies d
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
(Clerk's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
10
2. Resolution No. 2010 13 Authorizing a Budget Transfer of $$10,000 Within
the Water and Sewer Special Revenue Fund Sewer Department 17
3. Resolution No. 2010 14 Authorizing the City Manager to Enter Into a Bar
and Lounge Concession Agreement for the Kenai Municipal Airport 19
4. Resolution No. 2010 15 Opposing House Bill Number 266 21
5. Resolution No. 2010 16 Supporting Senate Bill Number 220 23
6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a
Alaskalanes Bowling Center, License #297 Recreational Site 41
ITEM E: MINUTES
1. *Regular Meeting of February 17, 2010 42
2. *January 4, 2010 Work Session Notes 56
3. *January 27, 2010 Work Session Notes 59
4. *December 8, 2009 Work Session Notes 62
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Bills to be Ratified 66
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2465 2010 Increasing Estimated Revenues and
Appropriations by $2,175 in the General Fund for a State Farm Insurance
Grant Awarded for the Purchase of an Educational 911 Simulator Phone
4. *Ordinance No. 2466 2010 Increasing Estimated Revenues and
Appropriations by $1,500 in the General Fund City Manager Department to
Prepare for the City's Application for the 2011 All- America City Award
5. *Ordinance No. 2467 2010 Increasing Estimated Revenues and
Appropriations by $1,481.45 in the General Fund for Ballistic Vest
Reimbursements from the U.S. Department of Justice
6. *Ordinance No. 2468 2010 Increasing Estimated Revenues and
Appropriations by $1.1,687.50 in the General Fund for the Police Department
to Purchase Equipment from Asset Forfeiture Funds Provided to the City of
Kenai
7. *Ordinance No. 2469 2010 Increasing Estimated Revenues and
Appropriations by $10,000 in the General Fund Non Departmental to
Provide a Grant for the Restoration of the Holy Assumption of the Virgin Mary
Russian Orthodox Church, a National Historic Landmark, Located in Old
Town Kenai
8. *Ordinance No. 2470 2010 Increasing Estimated Revenues and
Appropriations by $602 in the General Fund for Police Training
Reimbursements from Internet Crimes Against Children (ICAC)
67
69
71
73
75
77
83
9. *Ordinance No. 2471 2010 Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund Police Department to
Purchase Equipment 85
10. Approval Chevron North America Exploration and Production
Company /Extension of Lease Alaska Fire Training Center 89
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging 93
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks Recreation Commission 97
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 101
ITEM J: ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
ITEM K: DISCUSSION
1. Citizens (five minutes)
2. Council
ITEM L: PENDING LEGISLATION (Items listed below are legislation which
will be addressed at a later date as noted and are not action items
for this meeting.)
Ordinance No. 2412 2009 Amending KMC 13.40.040 to Provide for a Speed Limit
of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North
Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a
motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was
subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009
is active.)
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 Financial matters, disclosure of which could have an adverse
effect on the City.
ITEM M: ADJOURNMENT
*x*
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MARCH 3, 2010
Page
No.
1. 3/3/2010 Purchase Orders Between $2,500 and $15,000 for Council
Review 105
2. Budget Transfer in Capital Projects in Excess of 5,000
3. 2/8/2010 M. Hill, Amundsen Educational Center related to Mommsen
Subdivision Properties 106
4. 2/ 19/2010 K. Wasserman letter of transmittal for 2010 Municipal Officials
Directory, 2010 AML Legislative Resolutions and 2010 AML Policy Statement 107
5. 3/2/2010 Kenai Peninsula Borough Assembly Meeting Agenda... 109
6. Kenai Peninsula Borough Ordinance No. 2010 -14, enacting KPB 21.18.071
providing for staff -level permits for certain activities within the Anadromous
Stream Habitat Protection District, and amending KPB 21.181140 to add the
definition of River Center 114
Offered February 25, 2010
City of Kenai, Alaska
RESOLUTION
Resolution by the City Council of Kenai, Alaska, designating the Honor and Remember Flag as
the city of Kenai 's emblem recognizing the service and sacrifice by our brave sons and
daughters in service to our nation, of the United States Armed Forces, who have given freely of
their lives in the line of duty.
Citizen— David Caswell
Referred to Kenai City Council
WHEREAS; while war deaths, exceeding one million, have been a part of our heritage since the
birth of this nation, the United States has never instituted an official symbol commemorating
fallen servicepersons; and
WHEREAS; Congressman Randy Forbes has introduced House Resolution No. 1.034 to the
11] th Congress, which proposes to change Chapter 9 of Title 36 of the United States Code, to
designate the Honor and Remember Flag, created by Honor and Remember, Inc., to officially
recognize and honor fallen members of the armed forces; and
WHEREAS, the Honor and Remember Flags' red field represents the blood spilled by brave men
and women who sacrificed their lives for the freedoms we enjoy;. and
WHEREAS; the Honor and Remember Flags' blue star is a symbol of active service in military
conflict that dates back to World War I; and
WHEREAS; the Honor and Remember Flags' white border recognizes the purity of sacrifice;
and
WHEREAS; the Honor and Remember Flags' gold star signifies the ultimate sacrifice of a
warrior in active service who is not returning home and reflects the value of that life given; and
WHEREAS; the Honor and Remember Flags' folded flag element highlights this nation's final
tribute to a fallen serviceperson and a family's sacrifice; and
WHEREAS; the Honor and Remember Flags' eternal flame element symbolizes the spirit that
lives on in memory of the departed; and
WHEREAS; the City of Kenai calls for a unifying symbol recognizing this nation's solemn debt
to the estimated 1.6 million fallen servicepersons throughout history, and the families and
communities who mourn their loss; now, therefore, be it
RESOLVED by the Kenai City Council here assembled, that the Honor and Remember Flag be
designated as the City of Kenai's emblem of service and sacrifice of our brave sons and
daughters in the United States Armed Forces who have freely given their lives in the line of duty;
and, be it
FURTHER RESOLVED, that a copy of this resolution be forwarded to the Alaska State
Legislature and the Representatives of the United States Senate and House of Representatives, so
that they may be apprised of the sense of the Kenai City Council in this matter.
ADOPTED by the Council of the City of Kenai, Alaska, this day of
2010.
Attested:
Clerk of the Council
Approved:
Pat Porter
Mayor
AO ATEO
U.S IN MATION
GPO
I CONGRESS R.. 1034
I.ST
SESSIUN
To amend title 36, United States Code, to designate the Honor and Remem-
ber Flag created by Honor and Remember, Inc., as a.n official symbol
to recognize and. honor members of the Armed Forces who died m
the line of duty, and for other purposes.
IN THE HOUSI +E OF REPRESENTATIVES
FEBRUARY 1.2, 2009
Mr, I <'ulu.ES intr oduced the following bill; whieb w referre to the
Committee on the Judiciary
A SILL
To amend title 36, United States Code, to designate the
Ho and. Remember Flag ereated by Honor and Re-
member, Inc., as an official sytinbol to recognize and
honor members of the Armed Forces who died in the
line of duty, and for other purposes.
1 Be it enacted by the Senate and House of I?ep'resenta-
2 Lives of the United States of America, in Congress assembled,
3 SECTION 1. DESIGNATION OF HONOR AND REMEMBER
4 FLAG FOR FALLEN MEMBERS OF THE ARMED
5 FORCES.
6 (a) I +1[NDINGS.— Congress finds the following:
1 (1) Since the }tevolutionary War, more than
2 one million. members of the United States _Armed.
3 Forces have paid the ultimate price by sacrificing
4 their lives in the line of duty.
5 (2) The contributions of those fallen. members
6 of the Armed Forces are deserving, of national rec-
7 ognition.
8 (3) Currently, there is no officially recognized
9 symbol that acknowledges members of the Armed.
10 Forces who died in the line of duty.
11 (b) DESIGNATION.— Chapter 9 of title 36, United
12 States Code, is amended by adding at the end the fol-
13 lowing new section.:
14 904. Honor and Remember flag for fallen members
15 of the Armed Forces
16 "(a) DESIGNATION. —The. Honor and Remember
1.7 Flag created by Honor and Remember, Inc., is designated
18 as the symbol of our Nation's concern and commitment
19 to honoring and remembering the lives of all 'members of
20 the United States Armed Forces who have lost their lives
21 in the line of duty.
22 "(b) REQUIRED DISPLAY. —(1.) The Manor and Re-
23 member Flag shall be displayed at the Locations specified
24 in subsection (e) on the days specified in paragraph (2):
•RA 1034 IH
3
1 "(2) The required Honor and Remember Flag display
2 days are the following:
3 "(A) Armed Forces Day, the third Saturday in
4 May.
5 "(B) Memorial Day, the last Monday in May.
6 "(C) Flag Day, June 14.
7 "(D) Independence Day, July 4.
8 "(E) National. POW /MLA Recogiition Day.
9 "(F) Veterans Day, November 11.
10 "(3) In addition to the days specified in paragraph
11 (2), Honor and Remember Hag display d.ays include-
12 "(A) in the case of display at the World War
13 II Memorial, Korean War Veterans Memorial, and.
14 Vietnam Veterans Memorial (required by subsection
15 (e)(3)), any day on which the United States flag is
16 displayed;
17 "(B) in the case of display at medical centers
18 of the Department of Veterans Affairs (required by
19 subsection (e)(7)), any day on which the flag of the
20 United States is displayed; and
21 "(0) in the case of display at United States
22 Postal Service post offices (required by subsection
23 (e)(8)), the last business day before a day specified
24 in paragraph (2) that in any year is not itself a
25 business day.
*BR 1034 IR
4
1 "(c) LOCATIONS For FLAG DISPLAY. —The locations
2 for the display of the Honor and Remember Flag Lauder
3 subsection (b) are the following:
4 "(1) The Capitol.
5 "(2) The White House,
6 "(3) The World War H Memorial, th.e Korean
7 War Veterans Memorial, and the Vietnam Veterans
8 Memorial,
9 "(4) Each national cemetery.
10 "(5) The buildings containing the official. office
11 of-
12 "(A) the Secretary of State;
13 "(13) the Secretary of .Defense;
14 "(0) the Secretary of Veterans Affairs;
15 and
16 "(D) the Director of the Selective Sertee
1.7 System.
18 "(6) Each major military installation, as des
19 ig-nated by the Secretary of Defense.
20 "(7) Each medical center of the Department of
21 Veterans Affairs,
22 "(8) Each. United States Postal Service post of-
23 five.
24 "(d) DISPLAY To BE IN A MANNER VISIBLE TO TI3E
25 PUBLIC.— Display of the Honor and Remember Flag 'pur-
.HR 1034 EH
5
1 suant to this section shall he hi a manner designed to en-
2 sure visibility to the public.
3 '`(e) Li?UTATION. —This section may not be con
4 strued or a plied so as to require any employee to report
5 to work solely for the purpose of providirig for the display
6 of the Honor and Rernember Flag or any other flag.
7 (e) CLERICAL AMENDMENT. —The table of sections
8 at the beginning of such chapter is amended by adding
9 at the end the following new item:
"904. Honor and Remember flag for fallen members of the ArmeA'. b oroes.
10 (d) REG[marmONS FOR IMPLEMENTATION. N ot
11 later than 180 days after the date of the enactment of
12 this Act, the head of each department, agency, or other
13 establishment responsible for a location specified in sub
14 secti.on. (c) of section 904 of title 36, United States Code,
15 as added by subsection (a), shall prescribe such regala-
16 tions as necessary to carry out such section.
17 (e) PROCUREMENT ANI) DISTRIBUTION OF FLAGS.—
18 Not later than 30 days after the date of the enactment
19 of this Act, the Administrator of General Services shall
20 commence the procurement of Honor and Remember
21 Flags and distribute them as necessary to permit cornpli-
22 ante with section 904 of title 36, United States Code, as
23 added by subsection (a).
•RR 1034 114
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RESOLUTION NO. 2010 -16 Supporting Senate Bill Number
220.
AMENDMENT QUIRED:
I MOVE TO AMEND RESOLUTION NO. 2010-16 IN THE FIRST
WHEREAS, BY CHANGING "HOUSE" TO "SENATE."
Paragraph should then read,
"Whereas, Senate Bill 220 would establish a state energy policy;
and,"
KEN Al, ALASKA
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, KMC 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 to time it is necessary to amend those policies and procedures
to provide additional direction to City administration to implement 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 March,
2010.
ATTEST:
Carol L. Freas, City Clerk
-10-
PAT PORTER, MAYOR
Resolution No. 2010 -07
Attachment A
ADMINISTRATIVE POLICIES AND PROCEDURES
AGENDA AND PACKET PREPARATION, DISTRIBUTLON, AND PUBLICATION [AND
LATE MATERIALS]
JADMINISTRATIVE 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 Publjg Qomment. 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, 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]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:
New Text Underlined [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02 /03 /10)(JULY 1, 2009]
-11-
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 Hearings 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 peg Witted 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. 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 shal] 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.
[3]2. 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 M.unicipal 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. "Day" [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)
(est. 07/01/09; rev. 02 /03 /101]JULY 1, 2009]
-12-
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 fa) through (dl 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 /10)[JULY 1, 20091
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u�
KENA
MEMO:
TO: Mayor Porter and Councilors
FROM: Krista S. Stearns, City Attorney
DATE: January 28, 2010
RE: Resolution 2010 -07
with a Past, Gc with a Future
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 Hearings. 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]
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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]
-16-
"`fr CITY OF KENAI
KENal, ALASKA
RESOLUTION NO. 2010 -13
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
BUDGET TRANSFER OF 10,000 WITHIN THE WATER AND SEWER SPECIAL
REVENUE FUND SEWER DEPARTMENT.
WHEREAS, the department experienced unbudgeted repairs to lift station pumps;
and,
WHEREAS, the Sewer Department Repair and Maintenance budget is depleted and not
sufficient to cover the estimated cost through the end of FY201D; and
WHEREAS, contingency funds are budgeted for just such occurrences.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the following budget transfers be made:
From:
Water and Sewer Fund
Sewer Department Contingency
To:
Water and Sewer Fund
Sewer Department Repair and Maintenance
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March,
2010.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
-17-
Suggested by: Administration
10,000
$10,000
the of
KEN I, ALASKA
MEMO:
TO: Rick Koch, City Manager
FROM: Wayne Ogle, Public Works Director t%4t
DATE: February 25, 2010
Rick,
Village with a Past, CI with a Future"
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210 FideIgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
SUBJECT: Resolution 2010 -13; Budget Transfer within Sewer Department
from the Contingency Account to the Repair and Maintenance
Account
This is in support of Resolution 2010 -13 which is requesting Council approval of the
budget transfer of $10,000 from the Sewer Department Contingency account (010 -466-
4999) to the Sewer Department Repair and Maintenance account (010- 466 4538).
In addition to normal maintenance and repair work to the sewer system, we had
unanticipated essential repairs that had to be made to lift station pumps. The cost of
these repairs had also increased,
There are sufficient funds in the Contingency account for this transfer. I believe this
budget transfer will cover expenses in the Repair and Maintenance account for the
remainder of FY2010.
a
1 11 1
1992
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A BAR AND LOUNGE CONCESSION
AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT.
WHEREAS, on February 7, 2010 the City of Kenai advertised for bids for a Bar and
Lounge Concession in the Airport Terminal for a period of five (5) years; and,
WHEREAS, one responsive bid was received on February 23, 2010 from Rosin
Investments, Inc., for the contract year March 1, 2010 through February 28, 2015;
and,
WHEREAS, the bid amount received was as follows:
Bidder Per Year
Rosin Investments, Inc. Base Rent
plus a monthly percentage rate of gross sales
WHEREAS, the City Administration has dete ined that this bid meets all the
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City Manager is authorized to enter into a Bar and Lounge
Concession Agreement with Rosin Investments, Inc., for the period March 1, 2010
through February 28, 2015.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March,
2010.
Al I'E ST:
Carol L. Freas, City Clerk
Approved by Finance: 7 1-1,-
CITY OF KENAI
RESOLUTION NO. 2010 -14
-19-
Suggested by: Administration
PAT PORTER, MAYOR
14,000
1.1%
Memo
"Serving- the.Greater Kena.v Peru rtwu.Iai'
www,ci.kenai.ak.us.
305N. WILLOW SI'. SUTIE 7A^ KENAI, ALASKA 99611
l}LEPHONE 7.783 -7951
FAX 907- 283-3737
To: Rick R. Koch City Manager
From: Mary L. Bondurant Airport Manager
Date: February 24, 2010
Subject: Recommendation Bar and Lounge Concession
Bids were solicited on February 7, 10 12, 2010, for the right to operate a Bar and
Lounge Concession in the airport terminal building.
One (1) individual picked up a bid packet and one bid was received at 2:OOpm on
Tuesday, February 24.
In connection with the offer, the bid was as follows:
Rosin Investments, Inc. $14,000 per year base rent plus a
monthly percentage rate of 1.1% of gross sales
Bid documents were reviewed for completeness and determined to be a responsive bid.
It is recommended the City Manager enter into the Bar and Lounge Concession
Agreement with Rosin Investments, Inc.
-20-
CITY OF KENAI
RESOLUTION NO. 2010 -15
Suggested by: Councilor Moore
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING
HOUSE BILL NUMBER 266.
WHEREAS, House Bill 266 would establish restrictions on all other fisheries before
restricting personal use fisheries to achieve an escapement goal; and,
WHEREAS, when the han'est of a stock or species is limited to achieve an escapement
goal, House Bill 266 would specifically provide a priority for personal use fisheries
above commercial and sport fisheries; and,
WHEREAS, sport and commercial fishers live, work and /or pay taxes in the City of
Kenai and the State of Alaska, and build businesses; and,
WHEREAS, establishing a subsistence -like priority for personal use fisheries will
cause grave economic harm to residents and businesses in the City of Kenai and State
of Alaska; and,
WHEREAS, establishing a new class of priority for personal use fisheries will
significantly increase the conflict between various Alaskan user groups.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the City of Kenai opposes House Bill Number 266 and any legislation that
would establish a priority for personal use fisheries when the harvest of a stock or
species is limited to achieve an es c a pe me nt g o a l anri,
BE IT FURTHER RESOLVED, a copy of this resolution be transmitted to Governor
Sean Parnell, State Senator Thomas Wagoner, State Representatives Mike Chenault
and Kurt Olson, the House Special Committee on Resources, and the House Resources
Committee.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March,
2010.
AI TEST:
Carol L. Freas, City Clerk
-21-
PAT PORTER, MAYOR
HOUSE BILL NO. 266
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY -SIXTH LEGISLATURE SECOND SESSION
BY REPRESENTATIVES STOLTZE, KELLER, AND NEUMAN, Fairclough, Gate, Johnson
Introduced: I/19/10
Referred: House Special Committee on Fisheries, Resources
26- LSI1991R
A BILL
FOR AN ACT ENTITLED
1 "An Act providing %r priority for a fishery that is restricted to residents when fishing
2 restrictions are implemented to achieve an escapement goal."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 Section 1. AS 16.05.251 is amended by adding a new subsection to read:
5 (j) Notwithstanding the subsistence provisions of AS 16.05.258, when the
6 harvest of a stock or species is limited to achieve an escapement goal, the Board of
7 Fisheries shall place restrictions on all other fisheries before restricting personal use
8 fisheries. In this subsection, "escapement goal" means the escapement, or annual
9 estimated size, of the target stock that provides the greatest potential for maximum
10 sustained yield as established by the board.
H602662 -1- FIB 266
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-22-
the uy of
KENAI,
Suggested by: Councilor Moore
CITY OF KENAI
RESOLUTION NO. 2010 -16
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
SENATE BILL NUMBER 220.
WHEREAS, House Bill 220 would establish a state energy policy; and,
WHEREAS, the energy policy relating to energy efficiency and alternative energy would
establish an energy efficiency grant fund, an emerging energy technology fund, a
renewable energy production tax credit, and an energy use index; and,
WHEREAS, the energy policy will also establish a fuel purchasing cooperative, energy
codes and efficiency standards, energy conservation targets in public buildings, and a
state energy use reduction plan; and,
WHEREAS, the energy policy promotes the development of renewable energy resources
including geothermal, wind, solar, hydroelectric, hydrokinetic, tidal and biomass
energy; and,
WHEREAS, the energy policy promotes the development, transport, and efficient use of
nonrenewable energy resources, including natural gas, oil, gas hydrates, and heavy
oil.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, supports Senate Bill Number 220 establishing a state energy policy, and,
BE IT FURTHER RESOLVED, a copy of this resolution be transmitted to Governor
Sean Parnell, State Senator Thomas Wagoner, State Representatives Mike Chenault
and Kurt Olson, the Senate Resources Committee, and the Senate Finance Committee.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March,
2010.
ATTEST:
Carol L. Freas, City Clerk
-23-
PAT PORTER, MAYOR
SENATE BILL NO. 220
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY -SIXTH LEGISLATURE SECOND SESSION
BY THE SENATE RESOURCES COMMITTEE
Introduced: 1/19/10
Referred: Resources, Finance
A BILL
FOR AN ACT ENTITLED
1. "An Act declaring a state energy policy; relating to energy efficiency and alternative
2 energy; establishing the energy efficiency grant fund, an emerging energy technology
3 fund, a renewable energy production tax credit, and an energy use index; and relating to
4 a fuel purchasing cooperative, to energy codes and efficiency standards, to energy
5 conservation targets in public buildings, to a state agency energy use reduction plan, to
6 the alternative energy revolving loan fund, and to the renewable energy grant fund."
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
26- LS1197 \C
8 Section 1. The uncodified law of the State of Alaska is amended by adding a new section
9 to read
10 SHORT TITLE. This Act may be known as the Alaska Sustainable Energy Act.
11 Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
12 read;
13 LEGISLATIVE INTENT. For AS 44,99.115, enacted by sec. 19 of this Act,
S130220A -1- SE 220
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SB 220 -2- S80220A
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26- LS11 \C
1 intent of the legislature that the state
2 (1) achieve a 10 percent increase in energy efficiency on a per capita basis by
3 2015 and a 15 percent increase in energy efficiency by 2020;
4 (2) receive 50 percent of its electric generation from renewable energy sources
5 by 2025;
6 (3) work to ensure a reliable in -state gas supply for residents of the state.
7 Sec. 3. The uncodifred law of the State of Alaska is amended by adding a new section to
8 read:
9 PURPOSE. The purpose of secs. 14 16, 18, 27, and 28 of this Act is to reduce the
10 amount of energy consumed by public facilities by 20 percent not later than 15 years after the
11 completion of the energy use index database, thereby reducing costs to the state and
12 increasing jobs in energy efficiency industries.
13 Sec. 4. AS 18.56.090 is amended by adding a new subsection to read:
14 (t) In furtherance of its corporate purpose, the corporation may, in cooperation
15 with the Alaska Energy Authority, provide technical assistance to municipalities
16 related to residential and commercial building energy codes and energy efficiency
17 standards.
18 Sec. 5. AS 1.8.56 is amended by adding a new section to read:
19 Sec. 18.56.310. Energy efficiency grant fund. (a) An energy efficiency grant
20 fund is established in the corporation as a separate fund to provide grants for energy
21 efficiency projects.
22 (b) The corporation shall administer the energy efficiency grant fund as a fund
23 separate from other funds of the corporation. The energy efficiency grant fund consists
24 of money appropriated to the fund by the legislature to provide grants for energy
25 efficiency projects.
26 (c) The energy efficiency grant fund is not a dedicated fund.
27 (d) The corporation may provide grants from the energy efficiency grant fund
28 to
29 (1) municipalities and unincorporated communities for energy
30 efficiency improvements of municipal or unincorporated community buildings or to
31 enhance the energy efficiency of buildings to be constructed;
-25-
1 (2) school districts for energy efficiency improvements of schools or
2 other school district buildings or to enhance the energy efficiency of schools or other
3 school district buildings to he constructed; and
4 (3) the University of Alaska for energy efficiency improvements of
5 university buildings or to enhance the energy efficiency of university buildings to be
6 constructed.
7 (e) For a new construction project to qualify for a grant under this section, the
8 project must be designed and constructed in accordance with applicable standards
9 listed in the most recently published edition of the ASHRAE/IESNA Standard 90.1,
10 Energy Standard for Buildings Except Low -Rise Residential Buildings, as published
I 1 by the American Society of Heating, Refrigerating, and Air- Conditioning Engineers or
12 the minimal standards listed in the Leadership in Energy and Environmental Design
13 rating system for a certified building.
14 (0 In awarding grants from the energy efficiency grant fund under this
15 section, the corporation shall give priority to projects that
16 (I) propose the highest level of energy savings for each dollar spent;
17 (2) have obtained funding for the project from sources other than state
18 sources.
19 (g) The corporation shall adopt regulations necessary to carry out the
20 provisions of this section.
21 Sec. 6. AS 35.10 is amended by adding a new section to article 1 to read:
22 Sec. 35.10.085. Alternative energy for public works. (a) When preparing and
23 adopting plans and specifications and determining standards for the construction of a
24 public work under AS 35.10.010, the department shall review the option of using a
25 viable alternative energy system for heat or electrical power for the public work.
26 (b) If a viable alternative energy resource is available and can be used as a
27 primary or secondary source of heat or electrical power or the department determines a
28 viable alternative energy source will become available, a public work constructed
29 under this chapter shall be constructed to accommodate or be compatible with the
30 viable alternative energy system.
31 (c) In this section, "viable alternative energy system" means a system that uses
SB0220A -3- SB 220
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-26-
26- LS1197 \C
SB 220 -4- SB022OA
New Text Underlined (DELETED TEXT BRA Ci:ETEDI
26- LS1197 \C
1 a nonfossil fuel fired system for heat or electrical power that, if used over the course of
2 the life of the facility, will cost not more than a fossil fuel fired system to purchase,
3 install, maintain, and operate and will have less measurable adverse effect on the
4 environment than a fossil fuel fired system.
5 Sec. 7. AS 36.30 is amended by adding a new section to read:
6 Sec. 36.30.323. Preference for energy efficient appliances, equipment, and
7 vehicles. (a) The commissioner shall, by regulation, provide for a preference for
8 appliances and equipment that have received an Energy Star under the Energy Star
9 program of the United States Environmental Protection Agency and the United States
10 Department of Energy when equipment and appliances are being procured by the state.
11 If Energy Star equipment or appliances are not available for a procurement, preference
12 shall be given to the most energy efficient equipment or appliances that are available.
13 (b) The commissioner shall, by regulation, set standards for the procurement
14 of energy-efficient vehicles when state vehicles are being replaced.
15 Sec. 8. AS 42.45,045(d) is amended to read:
16 (d) The authority shall, in consultation with the advisory committee
17 established under (i) of this section and the Department of Natural Resources,
18 (1) develop a methodology for determining the order of projects that
19 may receive assistance, including separate requirements for grant eligibility, and adopt
20 regulations identifying criteria to evaluate the benefit and feasibility of projects for
21 which an applicant applies for support from the legislature, with the most weight being
22 given to projects that serve any area in which the average cost of energy to each
23 resident of the area exceeds the average cost to each resident of other areas of the
24 state, and significant weight being given to a statewide balance of grant funds, [AND]
25 to the amount of matching funds an applicant has verified to the authority that are
26 [IS ABLE TO MAKE] available for a project. and to projects that are likely to
27 have a financial benefit that exceeds the amount of grant funds received;
28 (2) make recommendations to the legislature for renewable power
29 production reimbursement grants; [AND]
30 (3) not later than 10 days after the first day of each regular legislative
31 session, submit to the legislature a report summarizing and reviewing each grant
-27-
1 application submitted under this section and a recotmnended priority for awarding
2 grants; and
3 (4) require activity reports for each project funded at intervals
4 determined by the authority.
5 Sec. 9. AS 42.45.045 is amended by adding a new subsection to read:
6 (m) The authority shall enter into a contract or agreement with an economist
7 with experience in the area of renewable energy for the economist to prepare a written
8 evaluation for each project the authority reconnnends under (e) of this section. and
9 submit a report to the legislature detailing the results of the evaluation.
10 Sec. 10. AS 42.45 is amended by adding a new section to article 5 to read'
11 Sec. 42.45.260. Fuel purchasing cooperative. (a) The authority shall organize
12 or provide for the organization of a statewide fuel purchasing cooperative, or may
13 participate with others in the organization of a statewide fuel purchasing cooperative,
14 and shall adopt regulations to allow communities, utilities, and school districts to
15 participate in a statewide fuel purchasing cooperative.
16 (b) The authority shall create a procedure by which a community that is not
17 eligible initially to participate in the fuel purchasing cooperative under this section
I8 may join the cooperative at a later date by providing satisfactory proof to the authority
19 that good standing has been restored.
20 Sec. 11. AS 42.45 is amended by adding a new section to read:
21 Article 7A. Emerging Energy Technology Fund.
22 Sec. 42.45.375. Emerging energy technology fund. (a) The emerging energy
23 technology fund is established. The fund consists of
24 (1) money appropriated to the fund by the legislature to provide grants
25 for energy projects; and
26 (2) gifts, bequests, contributions from other sources, and federal
27 money appropriated to the fund.
28 (b) The fund is not a dedicated fund.
29 (c) The fund shall be administered by the interdisciplinary research, unit of the
30 ann of the College of Engineering and Mines of the University of Alaska known as the
31 Alaska. Center for Energy and Power, whose mission is to research energy sources and
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_28_
26- LSI1971C
SB 220 -6- SB0220A
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26 -LSI 1971C
1 the way in which energy fits into the states economic development, but the Alaska
2 Center for Energy and Power may contract for the investment of money appropriated
3 to the fund but not disbursed for a grant. The Alaska Center for Energy and Power, in
4 consultation with the advisory committee established under (f) of this section, may
5 make grants from the fund to eligible applicants for
6 (1) research, development, or demonstration projects designed to
7 (A) test new energy technologies or methods of conserving
8 energy; or
9 (B) improve an existing energy technology; and
10 (2) applied research projects that employ energy technology with a
11 reasonable expectation that the technology will be commercially viable in not more
12 than five years.
13 (d) In making grants under this section, the Alaska Center for Energy and
14 Power, in consultation with the advisory committee established under (f) of this
15 section, shall give priority to
16 (1) Alaska residents, associations, organizations, or institutions;
17 (2) projects that demonstrate partnership with the University of Alaska
18 or another Alaska postsecondary institution; and
19 (3) projects supported by matching funds or in -kind partnerships.
20 (e) If the University of Alaska alters the status of the Alaska Center for Energy
21 and Power, the president of the University of Alaska shall promptly notify the revisor
22 of statutes and the presiding officer of each house of the state legislature of that
23 change.
24 (f) An advisory committee is established and consists of five members. Each
25 member of the committee shall have a degree in science or engineering and at least
26 two years of experience working in the state. Members of the committee shall be
27 appointed by the governor to staggered three -year terms. The committee consists of
28 one representative of each of the following groups:
29 (1) a business or organization engaged in the renewable energy sector;
30 (2) a business or organization engaged in the fossil fuel energy sector;
31 (3) the Alaska Power Association or an Alaska electric utility;
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26- LS1197 \C
l (4) the Denali Commission established under P.L. 105 -277 and
2 mentioned in a note at 42 U.S.C. 3121;
3 (5) a department or agency of the state.
4 (g) A member of the advisory committee appointed under (f) of this section
5 serves without compensation but is entitled to per diem and travel expenses as
6 provided in AS 39.20.180.
7 (h) In this section,
8 (I) "eligible applicant" means
9 (A) an electric utility holding a certificate of public
10 convenience and necessity under AS 42.05;
1 I. (B) an independent power producer;
12 (C) a local govermnent, quasi governmental entity, or other
13 governmental entity, including a tribal council or housing authority;
14 (D) a business holding an Alaska business license; or
15 (B) a nonprofit organization.
16 (2) "energy technology" means technology that promotes, enhances, or
17 expands the diversity of available energy supply sources or means of transmission,
18 increases energy efficiency, or reduces negative energy related environmental effects;
19 "energy technology" includes technology related to renewable sources of energy,
20 conservation of energy, enabling technologies, efficient and effective use of
21 hydrocarbons, and integrated energy systems;
22 (3) "fund" means the emerging energy technology fund.
23 Sec. 12. AS 43.20.021(d) is amended to read'
24 (d) Where a credit allowed under the Internal Revenue Code is also allowed in
25 computing Alaska income tax, it is limited to 18 percent for corporations of the
26 amount of credit determined for federal income tax purposes that [WHICH] is
27 attributable to Alaska. This limitation does not apply to a special industrial incentive
28 tax credit under AS 43.20.042 or to a renewable energy production tax credit
29 under AS 43.20.046.
30 Sec. 13. AS 43.20 is amended by adding a new section to article 1 to read:
31 Sec. 43.20.046. Renewable energy production tax credit. (a) An energy
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t producer that produces renewable energy may claim a renewable energy production
2 tax credit in the amount of 15 percent of the retail rate for each kilowatt-hour of
3 electricity charged by the energy producer, as determined by the Regulatory
4 Commission of Alaska; however, a tax credit may not be less than 2.1 cents for each
5 kilowatt -hour of renewable energy produced or more than five cents for each kilowatt-
6 hour of renewable energy produced.
7 (b) An energy producer may claim a renewable energy tax credit under this
8 section for each kilowatt-hour of renewable energy produced or sold for each of the
9 first five tax years after the date the capital investment used to produce renewable
10 energy is placed into service if the energy producer sells all or part of the energy
11 produced.
12 (c) A renewable energy tax credit under this section may be claimed only for a
13 capital investment
14 (1) to produce renewable energy that is placed into service on or after
15 July 1, 2009; or
16 (2) to expand production of renewable energy if the investment for
17 production expansion is made on or after July 1, 2009.
l 8 (d) An unused renewable energy tax credit under this section may be carried
19 forward and applied against the tax liability of the energy producer.
20 (e) A renewable energy tax credit provided under this section may he sold,
21 assigned, exchanged, conveyed, or otherwise transferred, in whole or in part.
22 (f) A taxpayer acquiring a renewable energy tax credit under (a) or (e) of this
23 section may use the tax credit or a portion of the tax credit to offset taxes imposed
24 under this chapter. Any portion of the credit not used may be used at a later time or
25 transferred under (e) of this section.
26 (g) A renewable energy tax credit acquired under (a) or (e) of this section,
27 when combined with any state aid that the energy producer receives for the capital
28 investment made to produce renewable energy for which the credit is acquired, may
29 not exceed 10 percent of the energy producer's capital investment for production of
30 renewable energy, aggregated over the five years within which the credit is allowed to
31 be claimed under (b) of this section.
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1 (h) An energy producer that claims a renewable energy tax credit under this
2 section and that wishes to transfer the unused tax credit to a taxpayer under (e) of this
3 section may apply to the department for a transferable tax credit certificate. An
4 application under this subsection must be in a form prescribed by the department and
5 must include supporting information and documentation that the department
6 reasonably requires. The department shall grant or deny the tax credit certificate, or
7 grant the tax credit certificate as to a lesser amount than that for which application is
8 made and deny it as to the excess, not later than 120 days after it receives the
9 application.
10 (i) An energy producer that uses a renewable energy production tax credit to
11 offset the tax imposed by this chapter or transfers the credit under (e) of this section
12 may not also claim the federal renewable energy credit under 26 U.S.C. 45, authorized
3 by AS 43.20.021, for a. capital investment associated with the production or expansion
1 of renewable energy that generated the credit under this section.
15 (3) The department shall
16 (1) prescribe an application form for a tax credit under this section; and
1.7 (2) adopt regulations necessary for the administration of this section.
18 (k) In this section,
19 (1) "capital investment" means an expenditure made
20 (A) as a cash expenditure or binding payment agreement for
21 real propeny or tangible personal property used in this state in the production
22 of renewable energy; and
23 (B) for an asset first placed in service for the production. of
24 renewable energy in the state during or before the tax year in which the credit
25 is claimed; in this subparagraph, "placed in service for the production of
26 renewable energy in the state" means that the first use of the capital investment
27 is in this state; if the property on which the claim of the credit is based has
28 been used elsewhere in the tax year of acquisition and is brought to this state
29 during that year of a subsequent year, the property does not qualify as a capital
30 investment;
31 (2) "energy producer" means
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1 (A) an electric utility or independent power producer holding a
2 certificate of public convenience and necessity under AS 42.05; or
3 (8) an independent power producer producing more than 100
4 kilowatts of electricity from renewable energy;
5 (3) "renewable energy" means geothermal, solar, hydroelectric, wind,
6 biomass, hydrokinetic or tidal, and wave energy.
7 Sec. 14. AS 44.42.065 is amended to read:
R Sec. 44.42.065. Energy use index database maintenance: energy audit
9 [CONSERVATION OF ENERGY IN PUBLIC BUILDINGS]. (a) The department
10 shall
1.1 (1) update the energy use index database established in
12 AS 44.83.955 not later than December 31 of each year; and
13 (2) conduct AT LEAST ONCE EVERY SEVEN YEARS,
14 PERFORM] an energy audit of each public facility whenever. in updating the
IS energy use index under (1) of this subsection, the department determines there is
16 substantial energy inefficiency for the public facility [BUILDING].
17 (b) The department shall include in each energy audit required by (a)(2) [(a)]
18 of this section recommendations for corrective measures to improve the energy
19 efficiency and to minimize the life -cycle cost of the public facility [BUILDING]
20 surveyed. These measures may include (1) energy conservation measures, (2)
21 measures involving solar technology and other renewable [ALTERNATIVE] energy
22 systems, (3) energy management, and (4) maintenance and operating procedures and
23 energy- related modifications. In recommending the corrective measures, the
24 department shall give priority to changes in maintenance and operating procedures
25 over measures requiring substantial structural modification or installation of
26 equipment.
27 (c) In this section, "energy audit" means a determination of
28 (1) the energy consumption characteristics of a public facility
29 [BUILDING], including the size, type, and rate of energy consumption of major
30 energy consuming systems of the public facility [BUILDING] and the climate
31 characterizing the region where the public facility [BUILDING] is located; and
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1 (2) a determination of the energy conservation and cost savings likely
2 to result from appropriate energy conserving maintenance and operating procedures
3 and modifications, including the purchase and installation of energy related fixtures.
4 Sec. 15. AS 44.42.065 is amended by adding a new subsection to read:
5 (d) The department shall annually, not later than December 31, determine an
6 appropriate energy conservation target for each public building and report the energy
7 conservation targets for all buildings to each agency of the state.
8 Sec. 16. AS 44.42 is amended by adding a new section to read.
9 Sec. 44.42.067. Retrofits; performance contracting for energy efficiency.
1.0 (a) In addition to its obligation under AS 44.42.065, the department shall
11 (1) retrofit all public facilities listed in the energy use index described
12 in AS 44.83.955; and
13 (2) retrofit, replace, or redesign inefficient Iighting fixtures to be as
14 efficient as possible while meeting federal guidelines.
15 (b) In carving out the duty under (a) of this section, the department may, if no
16 other funding or partial funding for a project is available,
17 (I) enter into an energy performance contract; and
18 (2) administer a performance contract for a public facility by
19 contracting with an energy service company that is a member of the National
20 Association of Energy Service Companies.
21 (c) If the department uses an energy performance contract under (b) of this
22 section for a. project retrofitting a public facility, the contract may also include
23 renewable energy projects and capital improvements not related to energy retrofitting.
24 (d) The department shall manage its duties under (a) of this section so that the
25 retrofitting of public facilities identified in the energy use index database described in
26 AS 44.83.955 shall be completed not later than 15 years after completion of the energy
27 use index database.
28 (e) If the deparbent determines that an energy retrofit described under (a) of
29 this section is not cost- effective, the department may postpone the retrofit until it is
30 determined to be cost effective or additional capital improvements are required. In
31. making the determination under this subsection, the department may consider if the
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1 energy retrofit will be able to meet a return on investment within 15 years after the
2 project is completed.
3 (f) Any retrofit, new construction, or deferred maintenance of a public facility
4 performed under this section must meet or exceed the most recently published edition
5 of the ASHRAE /IESNA Standard 90,1, Energy Standard for Buildings Except for
6 Low -Rise Residential Buildings, as published by the American Society of Heating,
7 Refrigerating and Air Conditioning Engineers.
8 (g) In this section,
9 (1) "performance contract" means an agreement for the provision of
10 energy services and equipment in which a private entity or qualified third party agrees
11 to finance, design, construct, install, maintain, operate, or manage energy systems or
12 equipment to improve the energy efficiency of or produce energy for, a facility in
13 exchange for a portion of the cost savings, lease payments, or specified revenue, and
14 by which the level of payments is made contingent on verified energy savings, energy
15 production, avoided maintenance, avoided energy equipment replacement, or any
16 combination of verified energy savings, energy production, avoided maintenance, or
1.7 avoided energy equipment replacement;
1.8 (2) "public facility" means a facility owned or controlled and held by
19 the state for government or public use.
20 Sec. 17. AS 44.83.080 is amended by adding a new subsection to reach
21 (b) In furtherance of its corporate purpose, the authority shall annually plan
22 and conduct, in cooperation with the Alaska Housing Finance Corporation, a public
23 education campaign to promote energy efficiency and conservation..
24 Sec. 18. AS 44.83 is amended by adding a new section to read:
25 Sec. 44.83.955. Energy use index. (a) The authority shall
26 (1) develop an energy use index for public facilities to measure
27 baseline energy consumption;
28 (2) establish an energy use index database to include baseline energy
29 use data for all public facilities evaluated in (1) of this subsection; and
30 (3) adopt regulations establishing the methodology to be used in
31 determining the energy use index described in (1) of this subsection.
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1 (b) In this section, "public facility" means a facility owned or controlled and
2 held by the state for government or public use.
3 Sec. 19, AS 44.99 is amended by adding a new section to read:
4 Sec. 44.99.115. Declaration of state energy policy. The State of Alaska
5 recognizes that the state's economic prosperity is dependent on available, reliable, and
6 affordable residential, commercial, and industrial energy to supply the state's electric,
7 heating, and transportation needs. The state also recognizes that worldwide supply and
8 demand for fossil fuels and concerns about global climate change will affect the price
9 of fossil fuels consumed. by Alaskans and exported from the state to other markets. In
10 establishing a state energy policy, the state further recognizes the immense diversity of
11 the state's geography, cultures, and resource availability. Therefore, it is the policy of
12 the state to
13 (1) institute a comprehensive and coordinated approach to supporting
14 energy efficiency and conservation by
15 (A) establishing statewide energy efficiency codes for new and
16 renovated public buildings and by assisting local communities interested in
17 adopting energy efficiency codes for new and renovated residential and
18 commercial buildings;
19 (B) decreasing public building energy consumption through
20 conservation measures and energy efficient technologies; and
21 (C) educating state residents on the benefits of energy
22 efficiency and conservation, including dissemination of information on state
23 and federal programs that reward energy efficiency;
24 (2) encourage economic development by
25 (A) promoting the development of renewable energy resources,
26 including geothermal, wind, solar, hydroelectric, hydrokinetic, tidal, and
27 biomass energy, for use by Alaskans and for export;
28 (B) promoting the development, transport, and efficient use of
29 nonrenewable energy resources, including natural gas, coal, oil, gas hydrates,
30 and heavy oil, for use by Alaskans, for export, and as feedstock for value
31 added enterprises;
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1 (C) working to identify and assist with development of the
2
3 statewide;
4 (D) creating and maintaining a state fiscal regime that
5 encourages private sector development of the states energy resources;
6
7
investing in
most cost- effective, long-term sources of energy for each community
(3) support energy research, education, and workforce development by
8 (A) training and education programs that address energy
9 conservation, efficiency, and availability, including programs that address
10 workforce development and workforce transition; and
11 (B) applied energy research and development of emerging
12 technologies, including university programs, to achieve reductions in state
13 energy costs and stimulate industry investment in the state;
14 (4) coordinate governmental functions by
15 (A) actively collaborating with federal agencies to achieve the
16 states energy goals and to meet national emissions, renewable energy, and
17 energy production targets; and
18 (B) reviewing and streamlining regulatory processes and
19 balancing the economic costs of review with the level of review necessary to
20 protect the public interest.
21 Sec. 20. AS 45.88.010 is amended by adding a new subsection to read
22 (e) The fund consists of
23 (1) money appropriated to the fund by the legislature;
24 (2) gifts, bequests, or contributions from other sources; and
25 (3) principal and interest payments or other income earned on loans or
26 investments in the fund and appropriated to the fund.
27 Sec. 21. AS 45.88.020(a) is amended to read:
28 (a) The department may
29 (1) make loans for the purchase, construction, and installation. of
30 alternative energy systems that are located in the state;
31 (2) adopt regulations necessary to carry out the provisions of
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1 AS 45.88.010 45.88.090, including regulations to establish reasonable fees for
2 services provided and charges for collecting the fees;
3 (3) collect the fees and collection charges established under this
4 subsection.
5 See. 22. AS 45,88.030 is amended by adding new subsections to read:
6 (f) A loan must be secured by a mortgage or other security instrument in the
7 real property to be improved, and a lien on the improvements financed under
8 AS 45.88.010.
9 (g) The interest rate
10 (1) may not exceed the maximum rate of eight percent a year and may
11 not be less than five percent a year;
12 (2) shall be established by the department based on the bank prime rate
13 listed in the Wall Street Journal during the previous quarter plus one percentage point,
14 set to the nearest one -half point for loans made; and
15 (3) set for a quarter remains in effect until the department changes the
16 rate.
17 Sec. 23. AS 45,88.090(a) is amended to read:
18 (a) In AS 45.88.010 45.88.090, "alternative energy system"
19 (1) means a source of thermal, mechanical, or electrical energy that
20 [WHICH] is not dependent on oil or gas or a nuclear fuel for the supply of energy for
2l. space heating and cooling, refrigeration and cold storage, electrical power, mechanical
22 power, or the heating of water;
23 (2) includes
24 (A) an alternative energy property as defined by 26 U.S.C.
25 48(a)(3)(A) (Sec. 301, P.L. 95 -618, Internal Revenue Code);
26 (B) a method of architectural design and construction which
27 provides for the collection, storage, and use of direct radiation from the sun;
28 (C) a woodstove with a catalytic converter or a catalytic
29 converter for a wood stove; [AND]
30 (D) a steam, hot water, or ducted hot air central heating system
31 that uses wood or coal for fuel and
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1 (E) a high efficiency wood pellet stove;
2 (3) does not include
3 (A) a stove that uses only [WOOD,] coal, [OR] oil, or
4 unprocessed wood for fuel; or
5 (B) a fireplace or fireplace insert.
6 Sec. 24. AS 45.88.010(c), 45.88.030(e), and 45.88.040(a) are repealed.
7 Sec. 25. AS 43.20.046 is repealed January 1 2025.
8 See. 26. The uncodified law of the State of Alaska is amended by adding a new section to
9 read:
.10 EXHAUSTION OF UNUSED RENEWABLE ENERGY PRODUCTION TAX
1 CREDITS. Notwithstanding the repeal of AS 43.20,046 by sec. 25 of this Act, an unused
12 portion of a tax credit acquired under AS 43.20.046(a) or (e), enacted by scc. 13 of this Act,
13 may be carried forward until exhausted, except that the unused portion of the tax credit may
14 not be carried forward to tax years beginning after December 31, 2025.
15 Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to
16 read.
17 ENERGY USE INDEX DATABASE. The Alaska Energy Authority shall establish
18 the energy use index database described in AS 44.83.955, added by sec. 18 of this Act, not
19 later than six months after the effective date of this Act.
20 Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to
21 read:
22 ENERGY PERFORMANCE REPORT. Not later than. January 31 of each of the three
23 years following the completion of an energy retrofit project, the Department of Transportation
24 and Public Facilities shall submit to the legislature an energy performance report detailing the
25 effectiveness of the energy efficiency measures provided for in secs. 14, 16, and 18 of this
26 Act.
27 Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to
28 read:
29 STATE AGENCY ENERGY USE REDUCTION PLAN AND REPORTS. The
30 Department of Administration shall, in consultation with the Department of Transportation
31 and Public Facilities, submit a plan to the legislature not later than December 1, 2010, to
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I reduce state agency energy use by 10 percent by 20I5 and, until that date, shall annually
2 report to the legislature and the public on progress achieved in implementing the plan.
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TO:
Me ei y of
KENAI, ALASKA
Mayor and Council Members
FROM: Carol L. Freas, City C
City of Kenai
DATE: February 23, 2010
RE:
Kenai Municipal Code, states the following:
clf
Vi/l, with a Past, Cc with a Future
210 Fidaigo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 Fax: (907) 283 -3014
www.ci.kenai.ak.us
ME t) NDUM
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PROTEST OF LIQUOR LICENSE RENEWAL
AlaskaIanes, Inc., d/b /a Alaskianes Bowling Center (License #297)
A liquor license renewal application was submitted by the following business. Amounts are owed as
follows:
Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center Borough Property Tax Owing
City Water /Sewer Owing
140.010 Obligations to City: It is determined to be in the public interest that holders of or
applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska
shall have all obligation to the City of Kenai on a satisfactory bass prior to the City Council
approval of any activity of said license holder or applicant.
2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the
City of Kenai, the Council shall enter findings in the minutes of the Council that the
afore- described liquor licensees have satisfied all obligations to the City of Kenai or that
the applicant has entered into a City approved payment plan with the Borough or City
on any obligations owed to the City and said applicant is in compliance with said
payment plan. After making such finding, the City Council may grant the approval
requested.
A certified letter was forwarded to inform the licensee of the amounts owed. The 60 days in
which the city has to register its objection will run out on March 12, 2010.
Does Council direct a letter of protest of liquor license renewal be sent to the Alcoholic
Beverage Control Board for the above establishment?
ITEM A: CALL TO ORDER
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
FEBRUARY 17, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /wc w.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.
ITEMS: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Ken Tarbox /Natasha .Ala Kenai Girding Celebration, Kenai Wildlife
Viewing Trail, and Birding Platfoius Update.
2. Dorothy Gray, Russian Orthodox Church Save America's Treasures
Grant.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
1. Ordinance No. 2462 -2010 Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund for Library Travel and
Transportation.
2. Ordinance No. 2463 -2010 Increasing Estimated Revenues and
Appropriations by $7,092.12 in the General Fund for State Traffic Grant
Overtime Expenditures.
3. 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,
4. Resolution No. 2010 -09 Authorizing Participation in the Library
Construction and Major Expansion Matching Grant Program
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5. Resolution No. 2010 -10 Awarding a Contract to Blazy Construction,
Inc. for the Project Entitled Kenai Recreation Center Locker Room
Upgrade 20] 0 for the Total Amount of $38,000.000.
6. Resolution No. 2010 -11 Awarding a Contract to CH2M Hill, Inc. for
the Project Entitled Water and Sewer Rate Study Update for the Total
Amount of $34,000.00.
7 Resolution No. 2010 -12 Authorizing a Budget Transfer Within the
General Fund, Non Departmental for a Fiber -Optic Link Between the
Public Safety, Library and City Hall Buildings of the City.
8. *Liquor License Renewal New Peking Restaurant, Restaurant /Eating
Place.
ITEM E: MINUTES
1. Regular Meeting of February 3, 2010.
2. *January 12, 2010 Council Work Session Notes
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000
3. Approval Mutual Rescission of L ease /Lot 14, Block 1, Cook inlet
Industrial Air Park David Schilling and Michael Schilling d /b /a
Schilling Rentals.
4. Approval Appointment /Reappointment Kenai Peninsula Economic
Development District Board of Directors.
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
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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
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.)
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 the January 20, 2010
Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the
resolution was postponed to the May 19, 20] 0 council m.eeting.)
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. (Cleric's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
EXECUTIVE SESSION None Scheduled.
ITEM M: ADJOURNMENT
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Robert Molloy
HaI Smalley, Vice Mayor
Mike Boyle
Pat Porter, Presiding
Joe Moore
Barry Eldridge
Ryan Marquis
ITEM A- CALL TO ORDER
KENAI CITY COUNCIL REGULAR MEETING
FEBRUARY 17, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
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 -2.
ROLL CALL
The City Clerk took roll. Present were:
A quorum was present.
Also present: Student Representative Maya Johnson
A -3. AGENDA APPROVAL
The following changes were requested:
ADD TO: Item G -3, Letter requesting mutual rescission submitted by David
Schilling, d /b /a Schilling Rentals
MOTION:
Council. Member Smalley MOVED for approval of the agenda with the addition and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
A -4. CONSENT AGENDA
MOTION:
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 2
Council Member Smalley MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
B -1. Ken Tarbox /Natasha Ala Kenai Birding Celebration, Kenai Wildlife
Viewing Trail, and Birding Platform Update.
Tarbox and Ala reviewed information included in the packet, which included an
update of the use of the Kenai birding platform, wildlife viewing trail; existing grants
used for development of the platform and trail; visitor activities on the Peninsula; new
grants for signing and audio /cell phone tour; and plans for marketing the area.
B -2. Dorothy Gray, Russian Orthodox Church Save America's Treasures
Grant.
Gray reviewed information included in the packet related to preservation of the Holy
Assumption Orthodox Church, noting the Church was in danger of collapse as a result
of structural deterioration of the walls. An estimated cost for the preservation project
was stated to be $260,000 of which the Church had received a "Save America's
Treasures Grant" in the amount of $125,492 and needed to match $129,895. The
Church needed to raise approximately $77,000 of the matching amount.
Gray requested monetary or in -kind services toward the matching amount. Mayor
Porter requested an ordinance be prepared to award a $10,000 grant to the Church to
assist in the project.
Council stated no objections to have an ordinance prepared to award a grant to the
Church.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
Jim Butler, 1711 Kaknu Way, Kenai Discussed HB 266, which would change the
management of fisheries in the State by allowing the Board of Fisheries to place
restrictions on all other fisheries before restricting personal use fishery. Butler
requested Council to review the bill and consider taking a position on the issue.
David Brindle, 520 Bridge Access Road, Kenai Brindle introduced himself as the
manager of Pacific Star Seafoods and urged Council to take a. position on HB 266 as
any reallocation of the fishery would have major economic impact to the processors,
fishery, and fishers.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
-46-
Molloy
Yes
Boyle
Yes 1 Porter
Yes
Smalley
Yes
Moore
Yes Eldridge
Yes
Marquis
Yes
Marquis
Yes
Molloy
Yes
Boyle
j Yes
Porter
Yes
Smalle
Yes
Moore
I Yes
Eldridze
Yes
Marquis
Yes
1
KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 3
D -1.
MOTION:
Ordinance No. 2462 -2010 Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund for Library Travel and
Transportation.
Council Member Eldridge MOVED for adoption of Ordinance No. 2462 -2010 and
Council Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
*Student Representative Johnson: Yes
MOTION PASSED UNANIMOUSLY.
D -2. Ordinance No. 2463 -2010 Increasing Estimated Revenues and
Appropriations by $7,092.12 in the General Fund for State Traffic Grant
Overtime Expenditures.
MOT!AN
Council Member Eldridge MOVED for adoption of Ordinance No. 2463 -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. There were no Council comments.
VOTE:
*Student Representative Johnson: Yes
MOTION PASSED UNANIMOUSLY.
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Molloy
Yes
Boyle
Yes Porter
Yes
Smalley
Yes
Moore
Yes 1 Eldridge
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE I-
D-3. 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.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2464 -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. There were no Council comments.
VOTE:
*Student Representative Johnson: Yes
MOTION PASSED UNANIMOUSLY.
D -4. Resolution No. 2010 -09 Authorizing Participation in the Library
Construction and Major Expansion Matching Grant. Program
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2010 -09 and
requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
There were no objections. SO ORDERED.
D -5. Resolution No. 2010 -10 Awarding a Contract to Blazy Construction,
Inc. for the Project Entitled Kenai Recreation Center Locker Room
Upgrade 2010 for the Total Amount of 538,000.000.
MOTION:
Council Member Molloy MOVED for approval of Resolution No. 2010 -10 and requested
UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion.
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 5
Council Member Moore reported Blazy Construction was a client of his firm, it was not
a direct client of his, and he intended to vote on the resolution. There were no
objections stated.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
There were no objections. SO ORDERED.
D -6. Resolution. No. 2010 -11 Awarding a Contract to CH2M Hill, Inc. for
the Project Entitled Water and Sewer Rate Study Update for the Total
Amount of $34,000.00.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2010 -11 and
requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
There were no objections. SO ORDERED.
D -7. Resolution No. 2010 -12 Authorizing a Budget Transfer Within the
General Fund, Non Departmental for a Fiber -Optic Link Between the
Public Safety, Library and City Hall Buildings of the City.
MOTION:
Council Member Molloy MOVED for adoption of Resolution No. 2010 -12 and requested
UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
There were no objections. SO ORDERED.
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 6
D -8. *Liquor License Renewal New Peking Restaurant, Restaurant /Eating
Place,
Approved by consent agenda.
ITEM E:
E -1.
E -2.
agenda.
ITEM F: UNFINISHED BUSINESS None.
ITEM G: NEW BUSINESS
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 to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
VOTE:
There were no objections. SO ORDERED.
G -3. Approval Mutual Rescission of Lease /Lot 14, Block 1, Cook Inlet
Industrial Air Park David Schilling and Michael Schilling d /b/a
Schilling Rentals,
MOTION:
MINUTES
Regular Meeting of February 3, 2010 Approved by consent agenda.
January 12, 2010 Council Work Session Note Approved by consent
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 7
Council Member Molloy MOVED for approval of the Mutual Rescission of Lease for Lot
14, Block 1, Cook Inlet Industrial Air Park. Council member Eldridge SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
G -4. Approval Appointment /Reappointment Kenai Peninsula Economic
Development District Board of Directors.
Referring to the letter from the Kenai Peninsula Economic Development District
(KPEDD) included in the packet, Mayor Porter stated she would reappoint Barry
Eldridge as the City's elected official representative to the KPEDD Board of Directors if
no objection from Council. There were no objections.
ITEM H: COMMISSION /COMMITTEE REPORTS
11-1. Council on Aging Council Member Boyle reported on discussions and
actions taken at the February 11, 2010 meeting and noted a fundraiser was planned
for March 12, 2010 with revenues collected going to the Meals on Wheels program
H -2. Airport Commission Council Member Moore reported on the meeting
held on February 11, 2010 and reviewed the meeting summary which was included in
the packet.
H -3. Harbor Commission Council Member Smalley reported the February
meeting was cancelled and the next meeting was scheduled to be held March 8, 2010.
Mayor Porter noted the application of William Nelson included in the packet. Porter
stated her intention to appoint Nelson to the Harbor Commission. There were no
Council objections.
1-1-4. Library Commission Council Member Marquis reported the next
meeting was scheduled to be held March 2, 2010.
H -5. Parks Recreation Commission Council Member Boyle reported a
special meeting was scheduled for February 18, 2010.
H -6. Planning Zoning Commission Council Member Molloy reported on
discussions held and reports given at the February 10, 2010 meeting, noting the
minutes of the meeting were included in the packet.
H -7. Miscellaneous Commissions and Committees
H -7a. Beautification Committee Porter reviewed the Committee special
meeting summary held on February 9.
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 8
11-713. Alaska Municipal League Report Council Member Smalley reported
on the AML Winter Legislative meeting held in Juneau, reviewed the League priorities,
and noted meetings held with Legislators where the Borough's priority book (which
included City of Kenai priorities) was distributed.
H -7c. Mini-Grant Steering Committee Council Member Moore reviewed the
January 29, 2010 meeting summary which was included in the packet and noted one
application was approved.
H -7d. Kenai Convention Visitors Bureau Council Member Smalley noted
the next meeting was scheduled for March 1, 2010.
H -7e. Reports of KPB Assembly, Legislators and Councils Assembly
Member Smalley reported on actions and discussions held at the February 16, 2010
Assembly meeting.
ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following:
She attended the Wannamaker retirement party and the hockey
tournament which occurred on the same day.
Met with Dorothy Gray related to the presentation made earlier in the
meeting.
Requested Council donate $250 to the Providence Cancer Center in
memory of James Bowles, President of ConocoPhillips Alaska, Inc.
MOTION:
Council Member Smalley MOVED to donate $250 to the Providence Cancer Center in
memory of James Bowles and requested UNANIMOUS CONSENT. Council Member
Eldridge SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager Acting City Manager Eubank noted the following:
City Manager Koch was in Juneau meeting with Legislators and State
department representatives.
Koch spent much of his time during the past two weeks developing the
Capital Improvement Project book and took copies to Juneau to distribute to
legislators.
Draft budgets would be distributed to Council on March 25, 2010,
J -2. Attorney City Attorney Stearns reported the following:
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 9
She would take leave from June 1 -11, 2010.
Would be attending a continuing education seminar in the next week
related to the Endangered Species Act.
Would be attending and participating in a learning exchange through the
Alaska Law Consortium with Russian legislators and attorneys visiting the State. If
possible, she would also discuss the proposed critical habitat designation for beluga
whales with the presenters.
J -3. City Clerk City Clerk Freas noted the following:
A Mini -Grant report of completed projects was included in the packet.
Listing of destroyed records according to the City of Kenai Retention
Schedule was included in the packet.
Mayor Porter requested a month -to -month streaming video of meetings usage report;
questioned whether the City had offered funding for the bird hazing project at the
airport; and, asked if the kennel permits referred to in the Kenai Police Department
mid -month report were newly permitted.
ITEM K: DISCUSSION
K -1. Citizens (five minutes) None.
K -2. Council
Smalley Stated his thanks for the presentations made at the beginning of the
meeting.
Encouraged Council and Administration. to continue tracking bills that
would affect the City and consider participating in teleconferenced hearings, etc.
Boyle No comments.
Molloy Thanked Administration for the Capital Improvement Project booklet.
Noted the report related to planning the town hall meeting and included
as an information item; the city manager was looking into the possibility of hiring a
facilitator for the town hall meeting that would also be used for staff training with
regard to the updating of the Comprehensive Plan; and, hoped the town hall meeting
could be scheduled for April or May.
Marquis Thanked the presenters for their information.
Congratulated Duane Bannock on his new interim position.
Noted, the 50th Anniversary of the City's incorporation was coming up
and suggested a resolution be prepared in recognition.
Johnson Noted upcoming events at the high school and reminded Council an
updated group photo was still needed for the City's webpage.
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 10
Eldridge Suggested viewing scopes be included in the FY11 budget for placement at
the wildlife viewing platform and spotting scope placed at the river bluff,
Moore Requested a resolution stating the city's opposition to HB 266 (and the
companion bill) be prepared for consideration at the March 3, 2010 meeting, for
reasons stated earlier in the meeting.
Requested a resolution supporting SB 220 (and the companion bill) be
prepared for consideration at the March 3, 2010 meeting as it had many components
of the Tri- Borough Commission with regard to the Alaska Sustainable Energy Act.
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 clays, 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 Suppoid g the State of Alaska Energy Policy as
Proposed by the Tri- Borough Commission, (Clerk's Note: At the January 20, 2010
Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the
resolution was postponed to the May 19, 2010 council meeting.)
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. (Clerk's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
EXECUTIVE SESSION None Scheduled
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 8:24 p.m.
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KENAI CITY COUNCIL MEETING
FEBRUARY 17, 2010
PAGE 11
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 secondd items during a council meeting.
-55-
Council present:
Council absent:
Staff present:
Legislators present:
Mayor Porter called the work session to order at approximately 6:30 p.m.
CAPITAL IMPROVEMENT PROJECT LIST
Resolution No. 2009 -61, which adopted the FY2011 Capital Improvement Project (CIP)
List (included in the work session packet and provided to the Council and Legislators)
was reviewed.
Items noted were:
Possible funding for the library expansion. The Legislators were
requested to keep the City abreast of the progress of a possible funding bill.
Water well improvements. It was noted funding existed for all but the
Beaver Loop area.
New fire engine. It was noted a grant application was submitted for
Homeland Security funding but was unsuccessful.
Bluff erosion project. It was noted the project was the City's first priority.
An update was given which indicated funding sources and possible funding sources
through the federal government. However, an additional $10 million was needed from
the State,
Paving improvements.
Energy audits.
Drift boat pull -out. It was noted if a pull -out was funded by the State,
the pull -out could be used only for that purpose. If it would be funded with federal
monies, it would need to be available for both motored and drift boats.
Wildwood Road.
Upgrade of four -lane.
PERSONAL USE FISHERY
KENAI CITY COUNCIL WORK SESSION
JANUARY 4, 2010
6:30 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
H. Smalley, P. Porter, R. Molloy, R. Marquis, B Eldridge, M.
Boyle
J. Moore
C. Freas, R Koch, T. Eubank
Senator T. Wagoner, Representative K. Olson,
Representative M, Chenault
City Manager Koch gave a brief update of the 2009 dip net fishery, including the
following:
There had been 1/3 more traffic than last year.
There were many complaints from residents of people parking in
residential areas.
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KENAI CITY COUNCIL WORK SESSION
JANUARY 4, 2010
PAGE 2
There was no more parking lot area available and people were unwilling
to pay the parking fee.
The funding requested would be used to support a tent camping area
and parking lot (possible option would be to purchase the Anchor Trailer Park and use
it for camping and parking, which would be low improvement needs and easy to
patrol).
Ken Tarbox Reviewed his "Cost Sharing Proposal for Personal Use Fisheries' which
was included in the work session packet. The proposal included:
A sport fish license was required for every household member who
participated in the personal use fisheries.
Significant revenues were collected by the State Department of Fish
Game (ADF &G), however sufficient funds were not allocated to local governments for
the infrastructure development or management of people who participated in the
fisheries.
No license was required for personal use fishing that was separate and
distinct where revenues could be tracked and allocated for local government or State
agencies to deal with the impacts of the fisheries.
A proposed solution would be to create a funding mechanism that would
benefit all parties involved in the fisheries, i.e. eliminate the sport fish license
requirement for personal use fisheries, introduce a bill that would create a $20 license
fee per household for personal use fishing; include in the bill intent language that
would allocate 60% of the license sale revenue to local governments for use in
management of the fisheries and provide infrastructure for the fisheries; the remaining
40% would be allocated to the State departments required to manage the fisheries
(ADF &G or DNR); allocation of funds would be based on the level of participation in
the various fisheries and the need for infrastructure to reduce adverse impacts from
the concentration of people and the cost to local governments; and, the solution would
be implemented for the 2011 fishing season.
It was noted, if the proposal would go forward, ADF &G would not want to be a part of
sale of the license.
PERS
General discussion followed related to the State and cities input. It was suggested
Larry Semmens be reassigned to the board.
BELUGA WHALE
A general discussion took place where it was noted, the suggested designation would
be very detrim.ental to all communities on the Peninsula. It was noted a presentation
would be given related to the proposed designation at the Kenai High School. In
addition, the Council would be considering a resolution to request the comment period
be extended and request a hearing be held in the Kenai /Soldotna area.
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KENAI CITY COUNCIL WORK SESSION
JANUARY 4, 2010
PAGE 3
CLIMATE CONTROL COMPACT
A brief discussion followed. Senator Wagoner commented he believed the City's
resolution was trying to address too many issues and needed to be more specific.
The work session ended at approximately 7:41 p.m.
Notes prepared by:
Carol L. Freas, City Clerk
-58-
COUNICL WORK SESSION
JANUARY 27, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
AGENDA
Open Work Session
Discussion Tract A -1 -A, Baron Park Subdivision /Confirm and Memorialize
Management Authority
Discussion Library Expansion Project /Financing Summary
Adjournment
-59-
Council present:
Staff present:
Open Work Session
COUNICL WORK SESSION
JANUARY 27, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
P. Porter, B. Eldridge, H. Smalley, R. Marquis, R. Molloy, J.
Moore, M. Boyle
C. Freas, M. Joiner, M. Bondurant, T. Eubank.
Mayor Porter called the work session to order at approximately 7:00 p.m.
Discussion. Tract A -1 -A, Baron Park Subdivision/Confirm and Memorialize
Management Authority
City Manager Koch reviewed his January 26, 2010 memorandum which was included
in the work session packet and gave an historical overview of the Tract A -1 -A, Baron
Park Subdivision property.
Administration recommended the following:
The Airport Fund should reimburse the General Fund in the amount of
$43,253.
The Airport Fund be returned the management authority over 22 acres of
the property.
Fund .S
over the t
The General tii.riu. should maintain management authority
acre parcel supporting the Fire Training Facility and the future eight -acre parcel where
the "Marathon Park" would be located.
Koch confirmed the property was not in the Airport Reserve and the Airport
Commission reviewed the issue at the time the University terminated its lease of the
property, knowing the management would come back to the Airport Fund.
Council Member Moore stated he disagreed with the math. There were no other
objections to the recommendation.
Discussion Library Expansion Project /Financing Summary
Koch introduced the issue, noting he wanted council to look at all financing of the
library expansion project. They would continue to look for other funding
opportunities, including from the state.
Finance Director Eubank reviewed the information provided in the work session
packet, including project costs, project funding, amounts previous appropriated,
remaining appropriations, funding schedule, and potential funding issues.
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KENAI CITY COUNCIL WORK SESSION
JANUARY 27, 2010
PAGE 2
It was explained, that if funding was delayed, Administration would come back to
Council to use General Fund unreserved balance to fund the project or the start of
construction would be delayed.
Also noted was:
The project was scheduled to go to bid in March with adve
beginning on February 1.
The City did not qualify for a USDA grant application.
Fundraising was ongoing, with work beginning on tile sales.
Construction could not go forward if funding was not in place. A letter of
credit would require a vote.
Bond issuance schedule was expected by April 7.
If bond issuance did not go through by March 17 and Council did not
want to use unreserved balance funds, the bid time could be extended.
Eubank noted there would be two resolutions brought to council for consideration at
its February 3, 2010 meeting: One to identify a recovery zone and the other, prepared
by Bond Counsel, to allow bond funds to be spent.
Adjournment
The work session ended at approximately 7:40 p.m.
Notes prepared by:
Carol L. Freas, City Clerk
-61-
sing
Dip Net Report:
Public Comment:
KENAI CITY COUNCIL WORK SESSION
DECEMBER 8, 2009
KENAI CITY COUNCIL CHAMBERS
6:00 P.M.
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, B. Eldridge, J. Moore, R. Molloy, R. Marquis, H. Smalley,
M. Boyle
Staff present: C. Freers, T. Eubank, G. Sandahl, W. Ogle, K. Stearns
Mayor Porter called the work session to order at 6:00 p.m. and noted the floor would
be opened for public comment and each person would have three minutes to speak.
The work session would have three sections:
Dip Net Report
Management of the beach areas
Broad discussion of ATV and off -road vehicle use
Rebecca Lamboume, 1506 Toyon Way, Kenai Noted the following:
She liked the fencing.
Appreciated the patrolling of the beach and park
Felt there had been more impact to their neighborhood during the 2009
dip net season.
People were parking along their street; people were camping in their
boats parked along Forest Drive; and, people were cleaning fish on residents' yards.
Trash impact to Municipal Park was very bad and suggested an autumn
clean-up.
Understood there was discussion of setting a 25 mph on the beach; was
concerned would be saying it was safe to drive at 25 mph; and, was in favor of a ten
mph speed limit.
As a resident, would like Forest Drive not to be an access point to the
beach; at best, on one side only and no parking on side streets.
Council /Administration Comments:
Have had discussions with Fish Game to acquire funding to purchase
property for parking.
Priority was to do better in not allowing parking in the Forest Drive and
residential streets in that area.
Jim White, 1509 Toyon Way, Kenai Noted the following:
Asked how much should the city do to accommodate users.
Concerned if more people find there's an ATV trail to the beach, there
would be more people parking in the Forest Drive area.
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KENAI CITY COUNCIL WORK SESSION
DECEMBER 8, 2009
PAGE 2
Would like not to have people parking on the side streets in front of
residences.
He left the area during the dip net fishery.
Beach camp fires were still a concern to him
Noise from the motorcycles begins in March.
There were problems with campfires, loud music, four- wheeling, etc. the
whole summer.
There were discussions about having food and more parking believed it
was past "enough was enough."
Believed the fire rings were positioned far enough away from the bluff,
however because of their height, people put more wood on the fires to get more
warmth from the fires.
Sue Carter, 1505 Toyon Way, Kenai Noted the following:
Believed it was 100% better during the 2009 fishery and past years.
Believed there was good signage.
Concerned there were no restroom facilities along the beach and what
people were doing as an alternative.
Felt the Police Department did a really good job.
Has worked well stopping access to the Park.
Would like more fencing in front of the property in front of Toyon Way
(beach side).
Supported having park hosts.
Concerned about noise and speed on the beach, but was still better than
past years because of the police presence.
Council /Administration Comments:
Summer hires could be staggered in order to begin patrol earlier, One
hire would need to be extended to cover through the dip net season.
Jim Butler, 117 Kaknu, Kenai Noted the following:
Believed the workers at the pay shack and who do the policing did a very
good job.
Did not like the posts and chain fencing, etc. to be used to handle the
people.
Recommended permitting vehicles to allow on the beach which would be
a. way to handle the non- peiuuanent vehicles.
Parking on the roads was a real safety issue.
Recommended not allowing drinking alcohol on the beach during dip net
and other times.
Processing of fish leaves lots of waste. Suggested saying: no processing
of fish allowed on the beach." Waste was another consequence of the fishery.
The speed limit suggested would not be practical when trying to manage
tides and soil. Enforceability would be difficult.
Council /Administration comments included:
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KENAI CITY COUNCIL WORK SESSION
DECEMBER 8, 2009
PAGE 3
The fishery had negative impacts to businesses and the whole town,
displacing residents, etc.
Suggestion local residents should have free parking.
Suggestion local residents could have discounted parking.
There were concerns of public doctrine issues.
Believed the City was doing a really good job in managing the fishery.
Drinking alcoholic beverages was not allowed on public property,
however, the major issue was the amount of garbage from the fishery.
Support of no cleaning fish on the beach.
Believed the City was doing a very good job in managing the fishery,
however believed the State needed to take a more active role in it and the City get paid
more for managing the fishery.
There were no littering provisions in the Code, however not allowing
cleaning of fish probably would not he practical. If not done there, people would do it
somewhere else.
The KCHS Nordic Sld Team begins cleaning the beach during the fishery
however, because of the amount of people, not much could be done until 1_1:30 at
night. Believed the best alternative would be to allow cleaning of fish on the beach,
but have a place for disposal of the offal
Administration was looking into disposal of the waste.
When discussed with representatives of Fish Game, enforcement and
fish waste were the two major concerns expressed.
Support of permitting vehicles.
Reminder the Council works for the residents of Kenai and believed the
residents should be able to enjoy the beach and sleep at night. Council needed to
have its priorities straight.
Support having a host at the park.
Administration would continue to pursue a host program.
Support a vehicle permit, but not wanting to displace residents from
driving on the beach.
Beach Speed Limit:
Council /Administration comments included:
Would support either 20 or 25 mph, but felt ten mph was too slow.
Agreed with the 20 -25 mph; felt focus needed to be on noise.
Public comment:
Tom Thompson, 111 Paula Street, Kenai Introduced himself as chair of the
Harbor Commission.
Believed the management of the fishery was getting better.
Waste concerns were better during the 2009 fishery.
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KENAI CITY COUNCIL WORK SESSION
DECEMBER 8, 2009
PAGE 4
Did not believe driving on the beach was a dip net fishery issue and
suggested shutting driving on the beach down for the fishery participants.
The fishery did support businesses in town.
Believed a 25 mph limit would be fine and beach conditions would limit
the speed.
Not enthused with the permitting suggestion; thought it was an
enforcement problem.
Council /Administration Comments:
The ordinance was presented with respect to safety of the people;
suggested the driving in proximity to people should be the issue; and, the ordinance
would need to be easily enforceable.
Administration would work with Council Member Boyle with regard to
the ordinance and incorporate comments from the work session related to noise, fish
offal, parking on one side of Forest Drive (this year), but not allow parking on the
interior subdivision streets.
BREAK TAKEN: 7:40 P.M.
BACK TO ORDER.: 7:50 P.M.
Off -Road Vehicles:
Council and Administration comments included:
There had not been an overwhelming amount of complaints.
Administration suggestions included increased enforcement presence
and more information outreach through the newspaper and radio explaining allowable
use.
Suggestion: Require a permit and decals if City was going to allow riding
on streets,
Suggestion: Add a schedule of fines in the Code for repeat instances.
Suggestion: Hold the speed at 10 mph, as well as prohibit use during
certain hours of the day, but enforce the restrictions as well.
Suggestion: Focus on noise concerns.
The work session adjourned at approximately 8:41 p.m.
Notes prepared by:
Carol L. Freas, City Clerk
-65-
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t/ie citty u f
KENAII, ALASKA
Rick,
"Kffaye with a Past Gc y with a Future
210 FideIgo Avenue, Kenai, Alaska 99611 -7794 ill
Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 tI �.I
MEMO NDUM
TO: Rick Koch, City Manager
FROM: Kevin Lyon, Capital Projects Manager Ar
DATE: February 23, 2010
SUBJECT: Bridge Access Water Sewer; Purchase Order to ENSTAR
This memo is to provide information on the Purchase Order to ENSTAR in the amount of
$28,358. The scope for this purchase order is to replace the 2" steel gas line with a
new relocated HDPE line that is in direct conflict with the new water line. This was
identified in the design phase and will be coordinated with contractor installation and will
be paid for out of the Bridge Access Water funds set aside and budgeted for utility
conflicts.
—68—
n
1992
the 4.0,97
KENAI. ALASKA
CITY OF KENAI
ORDINANCE NO. 2465 -2010
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $2,175 IN THE GENERAL FUND
FOR A STATE FARM INSURANCE GRANT AWARDED FOR THE PURCHASE OF AN
EDUCATIONAL 911 SIMULATOR PHONE.
WHEREAS, City of Kenai public safety dispatchers provide 911 instruction to grade
school students in local schools; and,
WHEREAS, dispatchers have borrowed an education enhancing 911 simulator phone
from Central Emergency Services to use during the instruction; and,
WHEREAS, on February 8, 2010 the City of Kenai was awarded a $2,175 grant from
State Farm Insurance to purchase a new 91.1 simulator phone for use in the
classroom presentations; and,
WHEREAS, the Communications Department is requesting appropriation. of $2,175 to
the General Fund, Communications Small Tools account to cover the purchase of the
911 simulator phone.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
increase Estimated Revenues:
Miscellaneous Revenue
$2,175.00
Increase Appropriations:
Communications Small Tools $2,175.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
ATTEST:
Carol L, Freas, City Clerk
Approved by Finance: 7
New Text Underlined [DELETED TEXT BRACKETED]
-69-
PAT PORTER, MAYOR
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
CLy of
KENAI, ALASKA
MEMO:
Village with a Past, Ct y with a Futare
th1ilr
210 FideIgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
TO: Rick Koch City Manager
FROM: Gus Sandahl Police Chief
DATE: 2119/10
SUBJECT: Request ordinance appropriating State Farm Insurance grant
funds for purchase of a 911 simulator phone
City of Kenai dispatchers provide 911 educational instruction to 1 graders in our local
schools. The dispatchers have borrowed a 911 simulator phone from Central
Emergency Services as an effective teaching aid in the classroom.
In October 2009, the Communications supervisor applied for a grant through State Farm
Insurance to purchase our own 911 simulator phone. We received a letter from State
Farm, dated 2/8/10, that we were awarded a grant for $2,175 to purchase the simulator
phone. The grant award is for cost of the phone, including shipping.
The simulator phone provides invaluable kinesthetic learning for the children to truly
understand and experience how to properly communicate when calling 911. I am
grateful that we were awarded the grant from State Farm Insurance.
On 2/19/10, I provided a check for $2,175 from State Farm to the City of Kenai finance
department. I am requesting an ordinance appropriating $2,175 from the general fund
into the Communications Small Tools account so that we can move forward with
purchasing the 911 simulator phone.
1992
he n n(
KENAI, ASKA
U
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500 IN THE GENERAL FUND
CITY MANAGER DEPARTMENT TO PREPARE FOR THE CITY'S APPLICATION FOR
THE 2011 ALL AMERICA CITY AWARD.
WHEREAS, the City of Kenai received the designation as an "All- America City" in
1992; and,
WHEREAS, it is the City's intent to again vie for this distinguished award; and,
WHEREAS, travel by a staff member to this year's competition will provide valuable
insight into the process; and,
WHEREAS, the entire application process is expected to cost $21,500 with the
remaining funds to be appropriated as part of the FY2011 Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
Increase Appropriations:
City Manager Travel Transportation $1,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
CITY OF KENAI
ORDINANCE NO. 2466 -2010
-71-
Suggested by: Administration
PAT PORTER, MAYOR
New Text Underlined; (DELETED TEXT BRACKETED
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
1t of
KENAI, ALASKA
MF,MO:
"Vif�ag with a Past, Gcij with a Future"
ilx!>ad
YIGw
1 III1" 1
Registration Fees: 50.00
Airfare: 688.00
Rental Car: 116.20
Hotel /Motel: 160.00
Per Diem: 150.00
Mileage: 160.00
TOTAL: 1,324.20
—72—
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 7535 FAX: 907 283 3014
TO: City Council
FROM: Christine Cunningham, Assistant to City Manage/
llty THROUGH: Rick Koch, City Manager
DATE: February 24, 2010
SUBJECT: 2011 AII- America City Award
The purpose of this correspondence is to provide an update on the progress of the 2011 All
America City Award Work Group which is comprised of 12 members committed to work over the
next year on an application for Kenai to receive the 2011 AII- America City Award.
At its first meeting, December 17, the work group discussed the application /selection process,
costs associated with the competition, and identified community projects which have resulted in
a significant local impact on the community within the past five years. The work croup agreed
that there would be a greater chance of success if an application were submitted in 2011 rather
than 2010, allowing for more time to gather information and include future projects.
At its second meeting, January 28, the work group discussed sending one observer to travel to
the AII- America City Awards Competition in Kansas City, Missouri June 16 -18, 2010, discussed
the application criteria requirements, and identified additional community projects that could be
grouped together.
Below is a list of costs associated with sending one observer to attend the 2010 AII- America City
Competition:
1992
cc q
KENA ALASKA
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $1,48L45 IN THE GENERAL
FUND FOR BALLISTIC VEST REIMBURSEMENTS FROM THE U.S. DEPARTMENT OF
JUSTICE.
WHEREAS, in July 2009, the Kenai Police Department purchased five ballistic uniform
vests for a total cost, with shipping, of $3,062.90 out of the Police Operating Supplies
account; and,
WHEREAS, the Kenai Police Department was awarded a grant by the U.S. Department
of Justice to reimburse the Department for approximately fifty percent ($50) of the
purchase price of three ballistic duty vests; and,
WHEREAS, the Department of Justice has sent the City of Kenai a reimbursement
check for $1,481.45; and,
WHEREAS, the Police Department is requesting appropriation of $1,481.45 to the
General Fund, Police Operating Supplies account for replacement of funds expended
on the vests.
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:
Federal Grants Police
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
ATTEST:
Increase Appropriations:
Police Operating Supplies $1,481.45
Carol L. Freas, City Clerk
Approved by Finance:
CITY OF KENAI
ORDINANCE NO. 2467-2010
New Text Underlined ]DELETED TEXT BRACKETED]
-73-
Suggested by Administration
PAT PORTER, MAYOR
$1,481.45
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
the :ity o f
KENAI, ALASKA
MEMO:
"Village with a Past, Gc with a Future ll
YivntlY
1992
210 Fidaigo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 -283 -3014
TO: Rick Koch City Manager
FROM: Gus Sandahl Police Chief
DATE: 2118/10
SUBJECT: Request ordinance appropriating ballistic vest reimbursement
funds.
For the last several years the Kenai Police Department has been reimbursed through a
grant by the U.S. Dept. of Justice for approximately 50 percent of ballistic uniform vest
purchases. In July of 2009, the Kenai Police Department purchased 5 ballistic uniform
vests with a total cost, including shipping, of $3,062.90. The vests were paid for out of
the Police Operating Supplies account.
In February of 2010, the City of Kenai received a check from the Department of Justice
for $1,481.45 as reimbursement for the vests. I am requesting an ordinance
appropriating $1,481.45 into the Police Operating Supplies account for replacement of
funds expended on the vests.
the aly of
KENA ASKA
CITY OF KENAI
ORDINANCE NO. 2468 -2010
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $11,687.50 IN THE GENERAL
FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET
FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI.
WHEREAS, the Kenai Police Department works cooperatively with the Alaska State
Troopers, Alaska Bureau of Alcohol and Drug Enforcement ABADE) in statewide drug
enforcement efforts that directly impact the City of Kenai; and
WHEREAS, on January 6, 2010, the Kenai Police Department received an asset
forfeiture sharing check totaling $11,687.50 from the State of Alaska ABADE unit;
and,
WHEREAS, acceptance of the funds obligates the City to expend the funds for law
enforcement purposes only; and,
WHEREAS, to meet its obligation, the Department intends to purchase equipment,
including: portable police radio, three patrol rifles, video evidence computer /software,
portable road spike system, digital photo cameras, and a bore scope.
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:
Forfeiture $11,687.50
ATTEST:
Increase Appropriatio
Police Small Tools $11,687.50
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
Carol L. Freas, City Clerk
Approved by Finance:
-75-
PAT PORTER, MAYOR
New Text Underlined [DELETED TEXT BRACKETED]
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
the
MEM
Y clfaye with a Past, Cc y with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014 tlIII
o:
TO: Rick Koch City Manager
FROM: Gus Sandahl Police Chief
DATE: 2/22/10
SUBJECT: Request ordinance appropriating drug seizure funds.
On 1/6/10, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement
(ABADE) made an Equitable Sharing payment in the amount of $11,687.50 to the Kenai
Police Department. These funds were related to asset forfeitures from two different
defendants in 2007 criminal cases on the Kenai Peninsula.
Per the 2009, U.S. Department of Justice Equitable Sharing Guide, equitable sharing
funds used by law enforcement shall be used for law enforcement purposes only.
Permissible uses of the funds include, but are not limited to, law enforcement
investigations, training, and equipment. We are permitted to purchase equipment which
is used by law enforcement personnel that supports iaw enforcement activities.
I am requesting an ordinance to appropriate these funds to the General Fund, Police
Small Tools to help pay for new police equipment, including:
Portable police radio
3 patrol rifles
Video evidence computer /software
Portable road spikes systems (aka Stinger spikes)
Digital photo cameras
A bore scope (for viewing concealed space).
199:
\V/
CITY OF KENAI
ORDINANCE NO. 2469 -2010
Suggested by: Mayor
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE GENERAL FUND
NON- DEPARTMENTAL TO PROVIDE A GRANT FOR THE RESTORATION OF THE
HOLY ASSUMPTION OF THE VIRGIN MARY RUSSIAN ORTHODOX CHURCH, A
NATIONAL HISTORIC LANDMARK, LOCATED IN OLD TOWN KENAI.
WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the
Church, in Old Town Kenai, has been designated a National Historic Landmark by the
National Park Service; and,
WHEREAS, the Church is one of 49 National Historic Landmarks in the State of
Alaska and is a large visitor draw to our community every year; and,
WHEREAS, the Church has received a "Save America's Treasures Grant" to be
administered by the National Parks Service for restoration and preservation of the
landmark; and,
WHEREAS, the $125,492 Federal Grant requires a local match of $129,895; and,
WHEREAS, preservation of Kenai's only National Historic Landmark is important to
the community's history and culture.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
Increase Appropriations:
General Fund Non Departmental
Grants to Agencies
New Text Underlined [DELETED TEXT BRACKETED]
-77-
$10,
$10,000
Ordinance No. 2469 -2010
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance 1
New Text Und erlined (DELETED TEXT BRACKETED)
_78_
PAT PORTER, MAYOR
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
The Holy Assumption of the Virgin Mary Russian Orthodox C
A National Historic Landmark
Kenai, Alaska
s There are only 49 National Historic La ndmarks in the State of Alaska.
One of the 49 is here in Kenai: the Holy Assumption of the Virgin Ma
Russian Orthodox Church in Old Town.
Our National Historic Landmark contains the church, the chapel, cemetery,
and Ft. Kenay properties. 13 acres in total.
It is the prime tourist destination in Kenai, and one of the most highly
photographed sites on the Kenai Peninsula.
In fact, here is the 2010 National Park Service Calendar with our Kenai
Landmark for January. (Pass calendar around).
This area was designated a National Historic Landmark for a number of
reasons:
o It is the principal and most enduring representative of Russian
culture in southcentral Alaska from the time when the first Russian
fur traders arrived on the banks of the Kenai River in the 1790's.
Today, it is both an active parish and the destination of thousands of
tourists who visit the Kenai Peninsula each year.
o The missionaries and priests erected the first school at the site of the
current Ft. Kenay building, educating children to read, write, grow
vegetables, and learn basic building methods.
o The priests brought the first access to public health in the form of
smal:lpax vaccine after the first epidermic killed half of population
on the Kenai. Peninsula.
o The Russian Orthodox Church icons date from the early 1700s when
the first group of Russian missionaries came to Alaska. Our Lady of
Kazan is considered to be one of the oldest non native pieces of art
in the State of Alaska.
o The church also served as a judicial center acting as arbiter between
the Russian American Fur Trading Company and the native people.
-79-
o Primary Resource Documents are stored herein Kenai and the U.S.
Library of Congress. Copies of these documents are also in the UAA
archives.
However, we are in danger of losing Kenal's historical property due to
sa; ing log walls, a crumbling foundation, and no fire or theft alarm
systems.
In fact, The Alaska Association of Historic Preservation named the Kenai
Russian Church to its Top Ten List of Endangered Properties in Alaska for
2011.
Last year (2009), the church applied for and received a Federal Save
America's Treasures Grant which is one of the largest and most successful
federal grant programs for the protection of our nation's endangered and
irreplaceable cultural heritage. Only National Historic Landmarks are
considered for these federal matching fund grants.
Here are some financial statistics:
$125,492 Save America's Treasures Federal Grant Funds
$129,895 Matching Funds Needed
53,000 Estimated Funds they have or will have shortly
75,895 Amount still needed to match as of February 8, 2010
-80-
MEMO:
I K1laye w a Past, Gi with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t 2
Telephone: 907- 283 -7535 FAX: 907 283 -3014
TO: The City Council
FROM: Mayor Patricia Porter
DATE: February 11, 2009
SUBJECT: Preservation of the Holy Assumption Orthodox Church
The Russian Orthodox Church in Old Town Kenai is one of only 49 National Historic Landmarks
in Alaska, designated by the U.S. National Parks Service (NPS). The NPS has teamed with the
Local Parish to undertake a project to preserve the church.
The Church is in danger of future collapse as a result of the structural deterioration of the walls.
An engineering/architectural firm specializing in the preservation of historic properties has
recently begun the design for this important project. The Kenai Russian Orthodox Church is
much more than a church to our community. It is a tourist destination and a constant reminder
of our community's history and cultural heritage.
The estimated cost of the preservation project is approximately $260,000. The Parish is being
supported by a "Save America's Treasures Grant" administered by the NPS in the amount of
5125,492. This is a matching grant that requires a match of $129,895. Initially, the Parish
thought they would be the recipient of a Rasmuson Foundation Tier II grant in the same
amount, but given the present state of the economy, that did not come to pass
In order to make up the matching funding shortfall the Parish is looking to the community and
other funding sources, The following funding sources have been identified:
Local Parish Funds 13,000
Rasmuson Foundation Tier I Grant 25,000
National Trust for Historical Preservation 5,000
Russian Orthodox Sacred Sites in Alaska 5,000
Kenai Historical Society 5,000
Total 53,000
-81-
1992
The Parish still needs to raise approximately $77,000 in order to match the NPS grant required
tocomplete the project.
I have spoken with Ms. Dorothy Gray, representing the Parish, and she has informed me she
has requested funding from the Kenai Peninsula Borough, our local legislative delegation, the
Kenai Soldotna Rotary Clubs, and others.
I respectfully request the Kenai City Council direct the administration to prepare an ordinance
which would provide a grant in the amount of $10,000 to the Kenai Russian Orthodox Church to
assist in providing the needed match for the "Save America's Treasures" federal grant
administered by the NPS.
Thank you for your consideration of this request.
-82-
NENp\
u
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $602 IN THE GENERAL FUND
FOR POLICE TRAINING REIMBURSEMENTS FROM INTERNET CRIMES AGAINST
CHILDREN (ICAC).
WHEREAS, the Kenai Police Department is an active member in good standing with
the Federal Internet Crimes Against Children (ICAC) task force; and,
WHEREAS, one Kenai Police Department investigator is scheduled to attend forensic
electronic training from March 23 to March 25, 2010 in Anchorage; and,
WHEREAS the ICAC regional director has approved reimbursing the Kenai Police
Department for training costs ($602); and,
WHEREAS, the Police Department is requesting appropriation of S602 to the General
Fund, Police Transportation account for the reimbursement.
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:
Police Federal Grants
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17TH day of March,
2010.
A 1°l EST:
Increase Appropriations:
Police Transportation $602
Carol L. Freas, City Clerk
Approved by Finance: 7,1/
CITY OF KENAI
ORDINANCE NO. 2470 -2010
-83-
PAT PORTER, MAYOR
New Text Underlined [DELETED TEXT BRACKETED
Suggested by: Administration
$602
Introduced: March 3. 2010
Adopted: March 17, 2010
Effective: March 17, 2010
iu
�ye
KENAI,AALASKA
MEMO:
Village with a Past, City with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II
Telephone: 907 283 -7535 FAX: 907 283 -3014 1 1 111'
TO: Rick Koch City Manager
FROM: Gus Sandahl Police Chief
DATE: 2/23/10
SUBJECT: Request ordinance appropriating anticipated reimbursement funds
from Internet Crimes Against Children (ICAC)
For several years the Kenai Police Department has been a member of the Internet
Crimes Against Children (ICAC). ICAC involves a network of law enforcement agencies
who investigate internet crimes against children. Participating agencies also provide
awareness and prevention education in the community.
The ICAC regional coordinator in Anchorage has agreed to reimbursement the Kenai
Police Department for an investigator to attend forensic electronic data training in
Anchorage. The Police Transportation account was significantly depleted this budget
year, largely due to an officer currently attending polygraph school.
I am requesting an ordinance appropriating $602 into the Police Transportation
account to cover the electronic data training costs in March of 2010. Upon completion of
the course, ICAC will provide a training reimbursement check to the City of Kenai.
1992
t
Kt M. ASKA
CITY OF KENAI
ORDINANCE NO. 2471 -2010
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE GENERAL FUND
POLICE DEPARTMENT TO PURCHASE EQUIPMENT.
WHEREAS, the Kenai Police Department patrols the beach areas of Kenai especially
during the annual dipnet fishery; and,
WHEREAS, in prior years the Alaska State Troopers has loaned the City an all terrain
vehicle for use during the dipnet fishery; and,
WHEREAS, the proven utility of an all- terrain vehicle during the dipnet fishery would
aid the Department in year round operations; and,
WHEREAS, the Department is seeking to purchase a new all- terrain vehicle this spring
in advance of the 2010 summer season and dipnet fishery.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
ATTEST:
15,000
Increase Appropriations:
Police Machinery Equipment $15,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March,
2010.
Carol L. Freas, City Clerk
Approved by Finance: 7
New Text Underlined; [DELETED TEXT BRACKETED;
-85-
PAT PORTER, MAYOR
Introduced: March 3, 2010
Adopted: March 17, 2010
Effective: March 17, 2010
To: Chief Sandahl
Fm: Lt. Wannamaker
Dt: 1 -12 -10
Re: Department ATV
NM POLICE. DEPARTMENT
107 SOUTH WILLOW STREET KENAI, AK 99611
Telephone (907) 283 -7879
Fax (907) 283 -2267
LO NDUM
The need for a second Department ATV larger than our standard 4wheeler has particularly
manifested itself during the past two Dipnet seasons, and was proven beneficial with the use of a
Polaris Rangerowheeler, borrowed from AWT during July 2009.
The benefit of the larger ATV included dual Officer occupancy in a protective cab, more useable
space for gear equipment including a rear cargo bed which caned traffic cones, gas cans,
miscellaneous multi department supplies, and a medical emergency victim from their tent to the
waiting ambulance that could not navigate the beach.
A comparative analysis of several "side -by- side" ATVs was done, comparing similar models by
Honda, Polaris, Yamaha, and John Deere. Kawasaki, Arctic Cat, Suzuki,.& Argo were also
researched but did not have models similar to the others.
Consideration was given to ease of operability, maintenance, specs, online reviews, and cost; the
Yamaha Rhino and Polaris Ranger rose to the top of the list.
While the MSRP is similar the feature -to- feature comparison showed the Polaris Ranger to
match/exceed the Rhino in: Fuel capacity, engine displacement, transmission, front rear
suspension, front rear brakes, front rear tires, wheelbase, length/width/height, ground
clearance, bed box dimension capacity, hitch towing rating, and warranty.
Ranger models best suited for our consideration are 800XP, 800HD, and 800 Crew. Of these,
the 800XP appears to offer the most "bang for your buck" in overall practical application to suit
our purpose without extra bells whistles.
The Polaris Ranger XP is built standard with a. three person seat, which could assist in
transporting medics, patients, and other personnel /people for dipnet related activities; the
Yamaha Rhino comes with only two bucket seats.
*2009 Yamaha Rhino 700 PI Auto 4x4
999 to $11,549 2010 Polaris Ranger 800XP $10,999
-86-
Yamaha }chino
Polaris XP
Ranger 800XP optional accessories relevant for purchase consideration include a windshield,
roof, rear panel, external storage box, winch, and plow.
Windshield options: auto quality glass ($650), general purpose optical -grade polyca; bonate
($350), poly "hard coat" for extra abrasion resistance ($450).
Roof options: Steel ($600), Polyethylene ($450).
Rear panel options: Steel ($800), Poly ($500).
Cargo box: Polaris 20 -gal bed box (5300).
Winch: Polaris integrated 4500# (5700).
Plow: Standard ATV winch integrated plow ($1200)
Adding a windshield to the ATV would give frontal protection to driver /occupant(s); a. roof
would provide added protection from overhead environmental eleu,ents. A rear panel would
neutralize the low pressure area inherent behind a windshield -only open cab. A winch provides
an option for off -road retrieval, and a plow rounds out the multi season functionality of the ATV
by adding the option for snow removal, vital to our parking lots between November —April, The
external cargo box (Polaris) custom fits into the bed behind the cab or along a sidewall and is
lockable for secure gear storage.
-87-
The purchase of a 2010 Polaris 800XP, described accessories (above), at MSRP, is expected to
be between $12,999 $15.249. Written quotes were solicited from 3 Polaris dealers, A -1
Enterprises (Soldotna), Homer Saw Cycle (Homer), and Alaska Power Sports (Anchorage),
and all three responded; their respective written quotes are attached to this memo.
Homer Saw Cycle: $13,749.99
A -1 Enterprises, Inc.: $14,552.00
Alaska Power Sports: $15,600.00
Additional accessories making the Ranger XP a recognizable Police unit include the following:
B LED mini light bar w /mounting kit (Gall's R2LB #XX- LB465) $400.
9 Kenai PD reflective decal kit (Gall's #DE134) $345
Both of these items would be installed by City Vehicle Maintenance Shop personnel
With the exception of the absent plow and Kenai Police specific decals, these photos closely
depict the proposed Ranger XP.
-88-
the cify ar
KENA ALASKA
ME M
"Village with a Past, City with a Futr/well
"111
199E
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 FAX: 907- 283 -3014
TO: City Council
FROM: Christine Cunningham, Assistant to City Manager$
pi THROUGH: Rick Koch, City Manager
DATE: February 22, 2010
SUBJECT: Rental Agreement Chevron North America Exploration and Production
Company
Chevron currently rents office space at the Beacon Fire Training Center. The current Rental Agreement term
began March 1, 2009 and will expire February 28, 2010. According to the terms of the Rental Agreement,
the City is responsible for normal electrical service and rent is based on a square foot rate of 1.75 per
square foot or 13,125 annually.
The current Agreement allows an option for two extensions of one or two year teens with the terms and
conditions, including rent, to be mutually agreed upon. The Finance Director has reviewed the utility rates
and does not recommend an increase in the rent since the last renewal of the Agreement.
The City Attorney has approved the attached First Amendment to Rental Agreement as to form.
FIRST AMENDMENT TO RENTAL AGREEMENT Page 1 of 3
FIRST AMENDMENT TO RENTAL AGREEMENT
This First Amendment to Rental Agreement is between the CITY OF KENAI
(CITY), whose address is 210 Fidalgo, Kenai, AK 99611 and CHEVRON NORTH
AMERICA EXPLORATION AND PRODUCTION COMPANY, a division of
Chevron U.S.A. Inc., a Pennsylvania corporation (CHEVRON), whose address is
WITNESSETH:
WHEREAS, on July 21, 2009, the City and Chevron entered into a rental
agreement for office space in the City of Kenai's building known as the Alaska Fire
Training Center, such space consisting of approximately 625 square feet; and,
WHEREAS, under the terms of the rental agreement, the agreement was to
expire on. February 28 2010, unless extended for an additional tern as provided for in
the agreement; and,
WHEREAS, Chevron desires to exercise its right to a first extension of the
term of the lease and the City mutually consents to an extension of the rental
agreement as provided therein.
NOW THEREFORE, the parties agree as follows:
-90-
1. The term of the rental agreement is extended one (1) year from February
28, 2010. to February 28, 2011.
2,
conditions of the rental agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Rental Agreement the day and year set forth below.
CITY OF KENAI
Approved as to form:
Except as expressly modified or stated herein, all other terms and
Krista S. Stearns, City Attorney
FIRST AMENDMENT TO RENTAL, AGREEMENT
By:
Rick R. Koch
Its: City Manager
CHEVRON NORTH AMERICA
EXPLORATION AND PRODUCTION
COMPANY, a division of Chevron U.S.A.
Inc., a Pennsylvania corporation
By:
Name:
Its:
-91-
Page 2 of 3
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this
2010, by Rick R. Koch, City Manager for the City of Kenai.
STATE OF ALASKA.
THIRD JUDICIAL DISTRICT
Notary Public for Alaska
My Commission Expires:
)ss
FIRST AMENDMENT TO RENTAL AGREEMENT Page 3 of 3
day of
The foregoing instrument was acknowledged before me this day of
Ti tl
2010, by (Name), (Title)
of CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION
COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation, on behalf
of the company.
Notary Public for Alaska
My Commission Expires:
-92-
COUNCIL ON AGING
FEBRUARY 11, 2010
KENAI SENIOR CENTER
4:30 P.M.
AGENDA
ITEM 1: CALL TO ORDER ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY January 14, 2010
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Jan Fena, Soldotna Senior Center "Strategic Planning, Why Do It
ITEM 5: OLD BUSINESS
a. Discussion 2010 Goals
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Council on Aging Chair
b. Director
c, Council Liaison
ITEM 8: QUESTIONS COMMENTS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agendas of January 6 and 20, 2010.
ITEM 11: ADJOURNMENT
-93-
COUNCIL ON AGING
FEBRUARY 11, 2010
KENAI SENIOR CENTER
4:30 P.M.
CHAIR RON FULLINCK, PRESIDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER es ROLL CALL
Chair Fullinck called the meeting to order at approximately 4:30 p.m. Roll was
confirmed as follows:
Members present:
Staff /Council Liaison present:
A quorum was present.
ITEM 2: AGENDA APPROVAL
Member Milewski added the following to the agenda:
ADD TO: Item 6 -a, Old Business Volunteers
MOTION:
J. Hollier, L. Flowers, E. Jones, V. Geller, B. Osborn,
L. Nelson, M. Milewski, R Fullinck
Senior Center Director R. Craig, Council Member
M, Boyle
Member Milewski MOVED to approve the agenda with the addition and Iviember
Flowers SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY January 14, 2010
MOTION:
Member Osborn MOVED to approve the meeting summary of January 14, 2010 and
Member Milewski SECONDED the motion. There were no objections. SO ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE HEARD
4 -a.
Jan Fena, Soldotna Senior Center "Strategic Planning, Why Do It
Ms. Fena reviewed the Soldotna Senior Center five -year strategic plan, noting it was a
guideline for goal setting, and reported on suggestions for the Kenai Senior Center.
ITEM 5: OLD BUSINESS
-94-
5 -a. Discussion 2010 Goals
Member comments included:
Improve communication through advertising.
Remove the "old" connotation in Senior Center.
Give workshops on power of attorney, living wills, and wills.
Garages were suggested not only for senior center vehicles but the need
for congregate housing garages.
ITEM 6:
6 -a.
MOTION:
NEW BUSINESS
Discussion Volunteers
Member Osborn MOVED volunteers ought to make a meal donation if able, includi
when volunteering. Member Milewski SECONDED the motion. There were no
objections. SO ORDERED.
ITEM. 7: REPORTS
7 -a. Council on Aging Chair None
7 -b. Director Senior Center Director Craig noted the "March for Meals"
fundraiser would be March 12, 2010, two Kenai Central High School government
students were helping for their senior project, and requested pies for the auction.
7 -c. Council Liaison Council. Member Boyle reviewed the action agenda
items from the January 6 and 20, 2010 City Council meetings which were included in
the packet.
ITEM 8:
ITEM 9:
ITEM 10: INFORMATION
OUESTIONS COMMENTS None
PERSONS NOT SCHEDULED TO BE HEARD None
10 -a. Kenai City Council Action Agendas of January 6 and 20, 2010.
ITEM 11: ADJOURNMENT
MOTION:
Member Jones MOVED to adjourn and Member Osborn SECONDED the
There were no objections. SO ORDERED.
-95-
onon.
g
COUNCIL ON AGING MEETING
FEBRUARY 11, 2010
PAGE 2
There being no further business before the Council, the meeting was adjourned at
approximately 6:30 p.m.
Meeting summary prepared and submitted by:
Corona Hall, Deputy City Clerk
-96-
COUNCIL ON AGING MEETING
FEBRUARY 11, 2010
PAGE 3
KENAI PARKS RECREATION COMMISSION
SPECIAL MEETING
FEBRUARY 18, 2010
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER It ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: NEW BUSINESS
a. Discussion FY2011 Draft Budget
ITEM 4: ADJOURNMENT
-97-
ITEM 1: CALL TO ORDER ROLL CALL
Chair Sandahl called the meeting to order at approximately 7:03 p.m. Roll wa
confirmed as follows:
Commissioners present:
Commissioners absent:
Staff/Council Liaison present:
KENAI PARKS RECREATION COMMISSION
SPECIAL MEETING
FEBRUARY 18, 2010
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHAIR DALE SANDAHL, PRESIDING
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
MEETING SUMMARY
Commissioner Hull MOVED to approve the agenda and Commissioner McDonald
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: NEW BUSINESS
3 -a Discussion FY2011 Draft Budget
Sandahl reviewed the draft budget included in the packet.
A. Hull, D. Sandahl, K. McDonald, G. Oliver
J. Beeson, F. Kiefer, L. Magiera
Parks Recreation Director R. Frates, Public Works
Director W. Ogle, Council Member M. Boyle
Commissioner comments included:
Suggested ranking larger items by priority.
Add Little League Fields Safety Upgrades to the list.
Add Drift Boat Pull Out to the list.
Noted Administration position that drift boat pull out monies come from
the State.
Priorities were listed as follows:
1. Recreation Center gym floor replacement
2. Marathon Park
3. Little League Fields safety upgrades
4. Memorial Park sidewalks
S. Playground equipment upgrade (location unspecified)
6. Trail Design and Drift Boat Pull Out
7. Tent Campground
-98-
ITEM 4:
MOTION:
ADJOURNMENT
Commissioner Hull MOVED to adjourn and Commissioner Oliver SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 8:20 p.m.
Meeting summary prepared and submitted by:
Corene Hall Deputy City Clerk
PARKS 86 RECREATION COMMISSION MEETING
FEBRUARY 18, 2010
PAGE 2
-99-
REPORT OF THE
MAYOR
100
From:KENAI CHAMBER OF COMMERCE
Kenai Chamber of Coansnerce
402 Overland Ave.
Kenai, AK 99611
Phone: 283 -7989
Fax: 283 -7183
FAX
907 283 7183 02/25/2010 13:15 11877 P.001/002
XENAI
CHAMBER OF COM
DATE: 2/25/2010
TO: Kenai Chamber illembership FADS if:
RE: Kenai Chamber of Commerce TOTAL PAGES: 2
Annual Bowling Tournament
The KENAI CHAMBER OF COMMERCE is bolding its ANNUAL
BOWLING TOURNAMENT on April 10, 2010. Please look over the
registration form and if you would like to participate please complete the
form and send it back to us.
Space is limited. This event sells out quickly so call today to book your
Hope to see you there!
Thank you,
Kenai Chamber of Commerce staff.
team.
-101-
From:KENAI CHAMBER OF COMMERCE 907 283 7183
"What's Your
nai Chamber of
2010 Annual Bowling Tourname
Team Registration
Choose to register one roam of 3 6 players for 1260, or register more Burn one three -man team and guarantee that every-
a g.ta to play. Saw 1100 when you register two three -man memo feriae 4400. Teem Banner wdth your logo Included
Plano fax forma to the Chamhor no later than &00 pre F+trfey. Wok 25 NOM
MEW In 20101 JOIN INF RENEIA4tJEN /EON"'
{Jots the other Owls Negri to mah up a taken)
Dna Team 6250.00 (3-6 sal pioyer Two teams 4400.00 @-e 0 of Seen
Prey) (ttyouaxcaod& plv/ere an each teaml. ayi,u axeaea3,
payers sn rmeol piayom wie rorwo)
Teem Infarmafioh Teem Info6rnefion
Company:. Company:
Confect Person: Contact Person:
Content Number: Contact Number:
Team Name: Teem Name:
ease paint player names below: Neese print player names below:
If you are unable to peycipale in The bowling Iournwnen1 and would like to donee,
to The Monrbarc pdza pot, please shack below and inchoate your donation. We
appreciate your donation and hope to see you April 10th in the cheering wowdt
BM Me Cheek Enclosed Credit Card
Credit Card Number. Exp.Oate:
Name on Card:
Alaska Lane° doors will open at 8:00 pm
Cheek -In from 8:00 7:00 pm
•Please allow plenty of lime to get thous. select a ball end wemm If neaeneery
Bowling starts at 7:00 pm
*Prizes will be awarded far "Beef 8porle Teem." apeolal games and
First Placa taken home the trophy.
Please fax completed form to 283 -7183
-102-
02/25/2010 13:15 11877 P.002/002
ONO Penton Envy
Fes: *100.00 auk
graced• Preeddr your cooping Foe
kr No Mom Mooed
Company:
Contact Person:
Tel.
Please print player name below:
INFORMATION ITEMS
100
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MARCH 3, 2010
1. 3/3/2010 Purchase Orders Between $2,500 and $15,000 for council review.
2. Budget Transfer in Capital Projects in excess of 5,000.
3. 2/8/2010 M. Hill, Amundsen Educational Center related to Mommsen
Subdivision Properties.
4. 2/19/2010 K Wasserman letter of transmittal for 2010 Municipal Officials
Directory, 2010 AML Legislative Resolutions and 2010 AML Policy Statement.
5. 3/2/2010 Kenai Peninsula Borough Assembly Meeting Agenda.
6. Kenai Peninsula Borough Ordinance No. 2010 -14, enacting KPB 21,18.071
providing for staff -level permits for certain activities within the Anadromous
Stream Habitat Protection District, and amending KPB 21.181140 to add the
definition of River Center.
-104-
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-105-
V ocn ti ona i Training In a
Rick Koch
City of Kenai
210 Fidalgo Ave
Kenai, AK 99611
Sincerely,
0 7721'fl2 tin tl'f the People of Rural Alaska
February 8, 2010
Subject: Mogni asen Subdivision Properties
Dear Mr. Koch,
Thank you for your interest in the progress of our construction projects. We deeply appreciate
the partnership of the City of Kenai in these projects. Here is a snapshot of where the homes are
at this time:
1100 2 St. This home is competed and now under contract for sale. The sale is scheduled for
early April.
1102 2 St. This home has plumbing, heating and electrical completed and ready for
insulation and vapor barrier. This will be the focus of our summer projects with a goal of
completing this house.
1104 2 St. The home is dried in and will be our focus once the 1102 home is completed.
Though we had the human resources to move the projects all along further, our capital dried up
in the credit crisis during the fall of 2008. A local bank had committed $250,000 of financing
that was reneged in October '08. This left AEC to scramble for additional funding. The solution
for our capital needs came in the way of a S 1.00,000 loan from an organizational partner. The
terms of this agreement were that we would use the funds to complete the 1100 home and then
roll the capital into the 1102 project followed by the 1104 house. Contingent in this plan,
however, is the sale of each home in order for us to move the capital over to the next project.
Thus far 14 students have participated in the construction of these houses. As you may
remember, our construction projects are dubbed "Houses of Hope," as we believe that learning
construction trade skills represent an opportunity for us to infuse hope into the lives of our high
risk Native young adult students. We value the contribution of each student and trust their time
working on these homes has benefitted these students in their journey towards a career.
Unless something significant happens to the economy and it made sense to construct spec homes
again, 1 do not foresee AEC pursuing construction of the 1106 and 1108 homes. We are in
dialogue with housing providers and Native organizations regarding future projects. If any of
these agencies were interested in homes on those additional lots, we might be interested in them
once again.
Rev. Mark Hill
CEO
P.Q. F3ox 4006 Soldotna, Maska 99669 (907) 260 -8041 main (907) 260 0042 fax
www,aecak.org
-106-
1.E
MUNICIPAL
LEAGUE
Alaska Co r cre
e of'Mayors
February 19, 2010
To: All Alaska Municipal League Member Municipalities
From: Kathie Wasserman
Here is your free copy of the 2010 Municipal Officials Directory. This is one of the many
benefits we are able to provide to you with regards to your membership. We hope this
directory is helpful to you as you do business on both the local and state level. We
appreciate your involvement in AML and together we can do much more than we could
do on our own. Thanks to your active input, we have become a much stronger
organization We still, however, have much to do. Fuel costs have hampered all
municipalities. The economic slowdown is also affecting us and affecting the
communities that we govern. As local elected officials, you are often looked to for the
answers. Hopefully, we can be of assistance in helping you provide those much
needed answers. If you have any concerns relating to your local government, please
feel free to call us at any time.
We just completed our Legislative Conference in Juneau. At that time, we finalized our
priorities. We have included a copy of those for you. The staff will be working diligently
to maintain our Revenue Sharing again, this year. It looks, so far, as if we will be
successful. We will also be monitoring the PERS/TRS issue. New, increased time and
effort will again be put into transportation and energy this year. We will also, this year,
be putting much valuable time into stopping the Gag Law. That law will be on the
August 24 primary ballot in the state of Alaska. We all need to vote a resounding "NO"
on that issue. It will put a stop to municipalities communicating with their Legislators!
We need your help and involvement.
Thanks for all you do.
Kathie Wasserman
Executive Director, Alaska Municipal League
217 Second Street, Suite 200 Juneau, Alaska 99801
Tel (907) 586 -1325 Fax (907) 463 -5480 www.akml.org
Member of the National League of Cit @t he National Association of Counties
&ft i /C 72
it° ir1 d;zr cie-A
ilipr ALASKA
LEAG
ta��u�
zrC n fe encetf',ilfa3
217 Second Street, Suite 200 Juneau, Alaska 99801
Tel (907) 586 -1325 Fax (907) 463 -5480 www.akml.org
2010 Legislative Priorities
Revenue Sharing
The Alaska Municipal. League supports full funding of $60 million into the Revenue Sharing Fund;
and the appropriation of the full $60 million from the Revenue Sharing Fund into the FY2011 budget,
to the communities, allowing for inflation, while yet realizing our ultimate long -term goal is 6% of
state natural resource revenues.
Energy
The Alaska Municipal League supports the development of a comprehensive energy plan and
implementation strategy to meet the energy needs of citizens and communities throughout the state, in
the most efficient and cost effective manner.
Transportation
The Alaska Municipal League supports the development of a i_ono term sustainable transportation
funding mechanism of Alaska, especially important in the looming bankruptcy of the U.S. Federal
Transportation Trust Fund.
Education
The Alaska Municipal League supports long -term forward funding of an adequate and equitable
education foundation program, school debt reimbursement and construction; and, opposes any change
in the Alaska Foundation Formula that would increase the burden to local government.
Member of the National League of C440386 the National Association of Counties
Kenai Peninsula Borough
March 2, 2010 7:00 PM
Pete Sprague
Assembly President
Seat 4 Soldotna
Term Expires 2010
Hal Smalley
Assembly Member
Seat 2 Kenai
Term Expires 2011
Paul Fischer
Assembly Member
Seat 7 -Central
Term Expires 2010
Make Haggerty
Assembly Member
Seat 9 South Peninsula
Expires 20.12
y Knopp
Assembly Member
Seat 1 Kalifornsky
Term Expires 2012
Sue McClure
Assembly Member
Seat 6 East Peninsula
Term Expires 2012
Charlie Pierce
Assembly Member
Seat 5- Sterling/FunnyRiver
Term Expires 2011
Bill Smith
Assembly Member
Seat 8 Homer
Term Expires 2011
Gary Superman
Assembly Member
Seat 3 Nikiski
Term Expires 2010
March 2, 2010
A.
C.
G.
H.
I.
J.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
COMMITTEE REPORTS
APPROVAL OF AGENDA AND CONSENT AGENDA
(All items listed with an asterisk 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. February 16, 2010 Regular Assembly Meeting Minutes 1
COMMENDING RESOLUTIONS AND PROCLAMATIONS
PRESENTATIONS WITH PRIOR NOTICE (20 minutes total)
1. South Peninsula Hospital Quarterly Report (10 minutes)
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
AGENDA (3 minutes per speaker, 20 minutes aggregate)
IC MAYOR'S REPORT 15
1. Agreements. and Contracts
Assembly Agenda
Regular Meeting Borough Assembly Chambers, Soldotna, Alaska
a. Sole Source Authorization to ZOLL Medical
Corporation for Defibrillators at Nikiski Fire
Department ....16
-109-
Page 1 of 5
2. Other
b: Authorizing Award of Contract for Central Peninsula Landfill and the
Homer Baling/Landfill Wire Purchase 19
a. Mayor's February, 2010 Report (to be provided on day of Assembly
Meeting)
b. Spruce Bark Beetle Program Monthly Report January, 2010 21
c. Revenue Expenditure Report January, 2010 25
d. Budget Revisions January, 201 28
e. Tax Adjustment Requests Submitted to Finance for Processing 31
L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None
M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to3minutes per speaker)
1. Ordinance 2009- 19 -28: Appropriating Supplemental Funding of$136,165 for
Costs Associated with Asbestos Abatement at the South Peninsula Hospital
Expansion Project (Mayor) (Referred to Finance Committee) 34
2. Ordinance 2010 -08: Enacting KPB 16.20.210 Authorizing Billing for
Ambulance and Emergency Medical. Services by the Kachemak Emergency
Service Area (Mayor) (Referred to Finance Committee) 37
3. Ordinance 2010 -11: Extending for Six Weeks the Sunset Date of Ordinance
2009 -09, Creating a Flood Hazard District within the Seward -Bear Creek
Flood Service Area (McClure) (Referred to Lands Committee) 41
N UNFINISHED BUSINESS None
O. NEW BUSLNESS
1. Bid Awards
*a Resolution 2010 -015: Authorizing Capital Improvement Project Cost
Allocation and Award of a Contract for the 2010 Warren Avenue
Capital Improvement Project (Mayor) (Referred to Finance
Committee) 44
March 2, 2010 Page 2 of 5
—110—
2. Resolutions
*a. Resolution 2010 -016: Authorizing $84,590 in Unexpended Funds
from Contract Services Project Accounts #8BOXC, #8KWCH and
#8SALM to be Made Available for Cost Sharing with the Kenai
Watershed Forum on a Culvert Replacement Project at Salmon Creek
Road and Nash Road in Seward and Authorizing the Mayor to
Contract with Kenai Watershed Forum to Perform the Project
(McClure, Mayor) (Referred to Finance Committee) 51
*b. Resolution 2010- 017: Authorizing the Mayor to Purchase Three Used
Flatbed Railroad Cars from the Alaska Railroad Corporation for Use
as Bridges in the North Peninsula Area of the Borough (Superman,
Mayor) (Referred to Finance Committee) 54
*c Resolution 2010 -018: Approving the Amendment of P aragraph 10(c)
of the Lease and Operating Agreement with Central Peninsula
General Hospital, Inc. (Mayor) (Referred to Policies and Procedures
Committee) 57
*d. Resolution 2010 -019: Supporting House Bill 44, an Act Relating to
Investments Applicable to Energy and Clarifying the Purpose of the
Alaska Natural Gas Development Authority (Mayor) (Referred to
Legislative Committee) 60
3. Ordinances
*a Ordinance 2010 -13: Amending KPB 2.56.007 to Amend the 2005
Kenai Peninsula Borough Comprehensive Plan by Adopting the
Cooper Landing Walkable Community Project as Appendix K in
Chapter 5, Transportation (Mayor) (Hearing on 04/06/10) (Referred
to Policies and Procedures Committee) 67
*b. Ordinance 2010 -14: Repealing KPB 21.18.070, Enacting KPB
21.18.071 Providing for Staff -Level Permits for Certain Activities
Within the Anadromous Stream Habitat Protection District, and
Amending KPB 21.18.140 to Add the Definition of River Center
(Mayor) (Hearing on 04/06/10) (Referred to Lands Committee) 95
*c. Ordinance 2010 -15: Amending KPB 5.04.110 to Increase the Amount
that the Assembly May Spend on Capital Improvement Projects
without Voter Approval in Order to Account for Increasing Costs of
Construction (Smith) (Hearing on 04/06/10) (Referred to Finance
Committee) 117
March 2, 2010 Page 3 of5
-111-
March 2, 2010
4. Other
*a. Confirming an Appointment to KPB Anchor Point Advisory Planning
Commission (Referred to Policies and Procedures Committee) 120
Appointment Board Seat
Julie Engebretsen Seat F
*b. Request for Formal Assembly Objection to the Renewal of the
Following Liquor License Due to Unpaid Taxes (Referred to Finance
Committee) 1
Business Name
Alaskalaues
Location
Kenai, Alaska
Term Expires
September 30, 2012
Protest of New Liquor License Application Filed by Daggett Limited
Liability Corporation dba Open Wine Distributors (Referred to
Finance Committee) 126
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
ASSEMBLY MEETING AND REARING ANNOUNCEMENTS
1. March 10, 2010 KPB Flood Plain Task Force Meeting 7 :00 PM Seward
2. April 6, 2010 Red ,tar Assembly Meeting 7:00 PM Soidotna
ASSEMBLY COMMENTS
S. PENDING LEGISLATION (This item lists legislation which will be addressed. at a later date
as noted)
L Motion to Direct the Legal Department to Pursue a Civil Remedy Against
Hugh Chumley, Kenai Peninsula Borough 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
2. Ordinance 2009- 19 -29: Appropriating Supplemental Funding to Cover
Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Hearing on
04/06110) (Referred to Finance Committee)
-112-
Page 4 of 5
3. Ordinance 2010 -09• Amending Portions of KPB Title 22 to Clarify Borough
Clerk Evaluation Procedures, Assembly Packet Deadlines and Distribution
Rules, Notice of Reconsideration Rules, and the Use of Assembly Chambers
and Conference Rooms (Sprague) (Hearing on 04/06/10) (Referred to
Policies and Procedures Committee)
4. Ordinance 2010 -10: Enacting KPB Chapter 2.60, Code of Ethics (Sprague)
(Hearings on 04/06/10 and 04/20/]0) (Referred to Policies and Procedures
Committee)
Ordinance 2010 -12: Amending KPB Chapter 21.18 Repealing the Kenai
Watershed District, Repealing and Reenacting Certain FloodPlain Provisions,
and Clarifying Application of the Ordinance on Sloped Riverbanlcs (Mayor)
(Hearing on 04/06/10) (Referred to Lands 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 April 6, 2010,
at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBB1 -AM 890 (South Peninsula),
K201A0 -FM 88.1 (East Peninsula).
Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the
meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800-
478 -4441, Ext. 2160. Visit our website at www.borough.kenai.akus for copies of the agenda, meeting summaries,
ordinances and resolutions.
March 2, 2010 Page 5 of 5
-113-
KENAI PENINSULA BOROUGH
ORDINANCE 2010 -14
AN ORDINANCE REPEALING KPB 21.18.070, ENACTING ICPB 21.18.071
PROVIDING FOR STAFF -LEVEL PERMITS FOR CERTAIN ACTIVITIES WITHIN
IRE ANADROMOUS STREAM HABITAT PROTECTION DISTRICT, AND
AMENDING KPB 2138.140 TO ADD THE DEFINITION OF RIVER CENTER
WHEREAS, KPB Chapter 21.18 was initially adopted in 1996 to protect salmon spawning
habitat; and
WHEREAS, KPB Chapter 21.18 is undergoing a thorough review of its effectiveness with
suggested code revisions; and
Introduced by Mayor
Date: 03/02/10
Hearing: 04/06/1
Action:
Vote:
WHEREAS, the first set of revisions to KPB Chapter 21.18 is scheduled to be introduced to the
assembly on February 16, 2010; and
WHEREAS, under KPB 21.18. 070, certain activities are allowed without a permit; and
WHEREAS, property owners request and receive written letters of approval from river eenter
staff for these allowed projects; and
WHEREAS, providing a permit at staff level for these activities will provide better
recordkeeping of activities within the district both for the property owner and
river center staff and
WHEREAS, other agencies concerned about protection of fish and water resources will also
benefit from the borough's keeping records of activities within the district; and
WHEREAS, at its regular meeting of February 22, 2010, the planning commissi
recommended
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB 21.18.070 is hereby repealed as follows:
Kenai Peninsula Borough, Alaska New Tett Underlined; [DELETED TEXT BRACKETED] Ordinance 2010 -14
Page 1 of 5
1944-
[21.18.070. ACTIVITIES NOT REQUIRING A PERMIT.
A. THE ACTIVITIES SPECIFIED IN THIS SECTION MAY BE CONDUCTED WITHIN
THE HABITAT. PROTECTION AREA ZONE WITHOUT OBTAINING A PERMIT FROM
THE BOROUGH UNDER THIS CHAPTER- Tins SECTION IN NO WAY WAIVES OR
MODIFIES THE NECESSITY OF ADHERENCE TO OTHER PROVISIONS OF THE
KPB CODE, INCLUDING KPB 21.06 (FLOOD PLAIN MANAGEMENT), OR
REQUIREMENTS OF A PERMIT FROM FEDERAL, STATE OR LOCAL
GOVERNMENTS. CONDUCT OF ACTIVITIES LISTED IN THIS SECTION ARE
EXPRESSLY CONDITIONED UPON OBTAINING ALL APPLICABLE PERMITS.
CONDUCT OF ACTIVITY WITHOUT OBTAINING NECESSARY PERMITS SHALL BE
CONSIDERED A VIOLATION OF THIS CHAPTER, SUBJECT TO THE PROVISIONS
OF SECTION 21.18.110.
B THE FOLLOWING ACTIVITIES, TO THE EXTENT THEY DO NOT RESULT IN
SIGNIFICANT EROSION OR DAMAGE TO RIPARIAN HABITAT, OR RESULT IN OR
INCREASE GROUND OR WATER POLLUTION, DO NOT REQUIRE THE ISSUANCE
OF A PERMIT UNDER THIS CHAPTER:
1. MINOR VEGETATION MANAGEMENT (TRIMMING, PRUNING, OR
REMOVAL OF HAZARDOUS TREES)
2 PRIVATE NON COMMERCIAL RECREATIONAL USES THAT DO NOT
INVOLVE CONSTRUCTION, EXCAVATION OR FRS OF LAND
3. CONSTRUCTION, INSTALLATION, REPAIR AND MAINTENANCE OF
LADDERS, STEPS, CANTILEVERED WALKWAYS, PLATFORMS, DOCKS,
AND BANK RESTORATION AND PROTECTION AND MAINTENANCE
DREDGING THAT ARE REGULATED BY AND REQUIRE A PERMIT FROM THE
ALASKA DEPARTMENT OF NATURAL RESOURCES, STATE PARKS
DIVISION, AND THE ALASKA DEPARTMENT OF FISH GAME, U.S.
ARMY CORPS OF ENGINEERS AND OTHER APPLICABLE AGENCIES. THE
ACTIVITY MUST COMPLY WITH ALL CONDITIONS AND REGULATIONS
IMPOSED ON SUCH ACTIVITY.
4. BOARDWALKS AND GRATEWALKS WITH LESS THAN 75 PERCENT BUT A
MINIMUM OF 25 PERCENT LIGHT PENETRATION MUST BE CONSTRUCTED
SO THAT NO PART, OTHER THAN THE SUPPORTING POSTS, ARE LESS
THAN 18 INCHES OFF THE GROUND. GRATEWALKS WITH AT LEAST 75
PERCENT LIGHT PENETRATION MUST BE CONSTRUCTED SO THAT NO
PART, OTHER THAN THE SUPPORTING POSTS, ARE WITHIN EIGHT INCHES
OFF THE GROUND. BOARDWALKS AND GRATEWALKS ARE NOT TO
EXCEED EIGHT FEET IN WIDTH, AND THOSE BOARDWALKS AND
GRATEWALKS RUNNING ALONG OR PARALLEL TO THE BANKS OF THE
STREAMS SHALL BE LIMITED IN LENGTH TO NO MORE THAN ONE THIRD'
(1/3) THE TOTAL LINEAL RIVER FRONTAGE OF THE PARCEL ON WHICH IT
IS CONSTRUCTED. BOARDWALKS AND GRATEWALKS MUST BE
Ordinance 2010 -14 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Boron h Alaska
Page 2 of 5
-14 5-
CONSTRUCTED OF WOOD, PLASTIC, FIBERGLASS, ALUMINUM, STEEL, OR
OTHER NON -TOXIC MATERIAL. IF THE WOOD IS TREATED, IT MUST BE
CERTIFIED AS NON -TOXIC TO PLANTS AND ANIMALS BY AN
INDEPENDENT LABORATORY OR OTHER APPROPRIATE AGENCY.
BOARDWALKS AND GRATEWALKS NOT MEETING THE ABOVE
REQUIREMENTS SHALL REQUIRE A CONDITIONAL USE PERMIT.
5. STAIRWAYS, STEPS AND LADDERS ACROSS LAND ADJACENT TO THE
RIVER WHICH IS AT LEAST 10 DEGREES STEEP, OR FROM ANY ADJACENT
LAND INTO THE WATER OR ONTO A FLOATING DOCK, AND WITH AT
LEAST 75 PERCENT LIGHT PENETRATION, MUST BE CONSTRUCI'M SO
THAT NO PART, OTHER THAN THE SUPPORTING POSTS, ARE WITHIN 8
INCHES OFF THE GROUND. STAIRWAYS, STEPS AND LADDERS WITH LESS
THAN 75 PERCENT BUT A MINIMUM OF 25 PERCENT LIGHT PENETRATION
MUST BE CONSTRUCTED SO THAT NO PART, OTHER THAN THE
SUPPORTING POSTS, ARE LESS THAN 18 INCHES OFF THE GROUND.
STAIRWAYS, STEPS AND LADDERS MUST BE CONSTRUCTED OF WOOD,
PLASTIC, FIBERGLASS, ALUMINUM, STEEL, OR OTHER NON -TOXIC
MATERIAL. IF THE WOOD IS TREATED, IT MUST BE CERTIFIED AS NON-
TOXIC TO PLANTS AND ANIMALS BY AN INDEPENDENT LABORATORY OR
OTHER APPROPRIATE. AGENCY. STAIRWAYS, STEPS AND LADDERS NOT
MEETING THE ABOVE REQUIREMENTS SHALL REQUIRE A CONDITIONAL
USE PERMIT.
6. FISH CLEANING STATIONS. (COVERED AND /OR WALLED IN FISH
CLEANING STATIONS SHALL REQUIRE A CONDITIONAL USE PERMIT.)]
SECTION 2. That KPB 21.18 071 is hereby enacted as follows:
21.18.071. Staff permits.
A. An application for a permit shall be made and a permit issued before
commencement of certain activities, uses, and structures set forth in this
section if they do not result in erosion, damage within the habitat
protection district, or an increase in ground or water pollution. An
application for a permit shall be made to the Kenai Peninsula Borough at
the river center. Upon determination that the submitted information of
record supporting the permit application meets the requirements of this
section, staff shall issue a permit for the following activities, uses, and
structures in the habitat protection district:
1.. Minor vegetation management (trimming, priming, or removal of
hazardous trees).
Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKEED3 Ordinance 2010-14
Page 3 of 5
Ordinance 2010 -14 New Text Underlined; [DELETE) TEXT BRACKETED] Kenai Peninsula Borough, Alaska
Page 4 of 5
2. Elevated light penetrating structures. These structures include
structures that are not ancillary to another use but are constructed
solely for purposes of accessing the river and may include but are not
limited to boardwalks, gratewallcs, stairs, ramps, platforms, and
gangplanks. Elevated light penetrating structures must be constructed
of wood, plastic, fiberglass, aluminum, steel, or other nontoxic
material. If the wood is treated, it must be certified as nontoxic to
plants and animals by an independent laboratory or other appropriate
agency. The topography of the bank and habitat protection district
may not be altered to provide for the installation of these structures.
a Elevated light penetrating structures with less than 60 percent but
a minimum of 25 percent light penetration must not exceed 6 feet
in width and must be constructed so that no part, other than the
supporting posts, are less than 18 inches from the ground
b. Elevated light penetrating structures with at least 60 percent light
penetration must not exceed 8 feet in width and must be
constructed so that no part, other than the supporting posts, is
closer than 4 inches from the ground. To ensure safety or to aid
access, one side or edge of the elevated light penetrating
structure may be lowered, provided that the frame on the
riverward edge of the structure, is not less than 4 inches from the
ground. Lowering of the surface shall not result in erosion or
damage to the bank or vegetation, and the remainder of the
structure must still meet the requirements of this chapter.
c. For elevated iightpenetrating structures under KPB 21.18.071(a)
and (b), the total length of all elevated light penetrating structures
that run along or parallel to the banks of the streams shall be
limited in length to no more than one -third of the total lineal
river frontage of the parcel on which it is constructecL
d. For all elevated light penetrating structures under KPB
21.18.071(a) and (b), the open space must be uniformly
distributed throughout the structure surface.
e. Elevated light penetrating structures constructed prior to the
effective date of this section may be brought into compliance
with the standards of this section without obtaining a permit.
3. A single fish cleaning station may be constructed, provided it has no
enclosed sides or roof and that any shelf below the fish cleaning
surface must be at least 60 percent light penetrating and be elevated at
least 8 inches from the ground. Fish- cleaning stations shall not
exceed 25 square feet, excluding the chute and drain pipes, if any.
-1J7-
SECTION 3. That KPB 21.18.140(Q) is hereby amended as follows:
ATTEST:
John Blankenship, Borough Clerk
Yes:
No:
Absent:
4. Bank restoration and protection projects.
B. Applicants for a river center permit are responsible for abiding by all other
federal, state, and local laws, regulations, and permitting requirements
applicable to the project.
Q.
[`BOARDWALKS" SHALL MEAN ELEVATED WALKWAYS UTILIZING WOODEN
PLANKS AS A SURFAa..] "River center" shall mean the Kenai Peninsula
Borough Donald E. Gilman River Center.
SECTION 4. That this ordinance takes effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF 1 H KENAI PENINSULA BOROUGH THIS
DAYOF *2010.
Kenai Peninsula Borough, Alaska New Text Underl [DELETED TExr BRACKETED] Ordinance 2010 -14
Page 5 of 5
-'418-
Pete Sprague, Assembly President
KENAI PENINSULA BOROUGH
144 North Binkley Street Soldotna, Alaska 99669 -7520
Toll -free within the Borough: 1- 600 478-4441
PHONE: (907) 262 -4441 FAX: (907) 262 -1892
www. borough.kanat.ak. us
MEMORANDUM
TO: Pete Sprague, Assembly President
Members, Kenai Peninsula Borough Assembly
DAVID R. CAREY
BOROUGH MAYOR.
THRU: avid R Carey, Borough Mayor
FROM John Mohorcich, Director, Donald E. Gilman River Center
DATE: February 12, 2010
SUBJECT: Ordinance 2010- 14 KPB Chapter 21.18 review and recommendations
ICPB 21.18.030 calls for a regular review of the benefits and effectiveness of KPB 21.18. In
preparation for this review the borough supported a study completed by the Kenai Watershed
Forum, (KWF) in 2009. All of the KWF reports and findings are available on the Donald E
Gilman River Center web site IS.//www.kenairivercenter.org/workinggoap/index.html.
Attached is the second round of proposed revisions to the habitat protection ordinance as part of
the Phase 1 review process.
The nn d inance for introduction includes proposed changes to four separate sections of the
existing code: 21.18.070(A) activities not requiring a permit, 21.18.070(B)(3), abdicating to the
federal and state government; 21.18.070(B)(4) and (5), height and light requirements; and
21,18.070(B)(6), fish cleaning table standards. The rationale supporting each proposed revision
is detailed in the power point presentation included in the assembly packet.
As part of the code review process, staff has presented power point presentations to the KPB
21.18 Interest Group, the ICPB Planning Commission, and to the Kenai River Special
Management Area Board regarding the recommended changes to KPB 21.18.070.
Staff s proposed recommendations are based on shortcomings of current code language, our
experience in the field, research of similar municipal codes, goals and policies of the Kenai
Peninsula Borough Comprehensive Plan, and public input through the 21.18 Interest Group.
Staff will continue to work closely with the Planning Commission and Interest Group, which in
turn will provide valuable specific recommendations.
41,9-
IPB 21.18
Items for Review
21.18.070 Activities Not Requiring a Permit
21.18.070(B)(3) Abdicating to Feds State
21.18.070(B)(4) Height Light Requirements
21.18.070(B) (6) Fish Cleaning Stations
KPB .21.18.070 Activities not
Current Ordinance Language:
A. The activities specified in this section may be conducted within the
habitat protection area zone without obtaining a permit from the
borough under this chapter. This section in no way waives or modifies
the necessity of adherence to other provisions of the KPB code,
including KPB 2106 (flood plain management), or requirements of a
permit from federal, state or local governments. Conduct of activities
listed in this section are expressly conditioned upon obtaining all
applicable permits. Conduct of activity without obtaining necessary
permits shall be considered a violation of this chapter, subject to the
provisions of Section 2118.110."
B. The following activities, to the extent they do not result in significant
erosion or damage to riparian habitat, or result in or increase ground
or water pollution, do not require the issuance of a permit under this
chapter.
Purpose of Proposed Code Change:
To be consistent with current practice of writing "permits"
for allowable activities
To ensure Borough standards are followed
To better inventory and follow development within the
habitat protection area. This allows us to evaluate the
effectiveness of the code.
To provide consistency with other permitting agencies
To be consistent with standard planning zoning
practice of listing allowable, conditional and prohibited
uses, activities and structures.
21.18.070(A B)
Recommended Language
21.18.071. Staff permits.
A. A permit shall be obtained before commencement of
certain activities, uses and structures set forth in this
section if they do not result in erosion, damage to the
district, or an increase in ground or water pollution. An
application for a permit shall be made to the Kenai
Peninsula Borough at the River Center. Upon
determination that the submitted information of record
supporting the permit application meets the terms of this
chapter, staff shall issue a permit for the following
activities, uses and structures in the habitat protection
district:
KPB 21.18.070(B)(3)
Abdicating to Federal
State Governments
KPB 21 18.070(B)(3) Abdicating to
Fede* a l State Governments
Current Ordinance Language:
"Construction, installation, repair and maintenance of
ladders, steps, cantilevered walkways, platforms, docks,
and bank restoration and protection and maintenance
dredging that are regulated by and require a permit from
the Alaska Department of Natural Resources, State Parks
Division, and the Alaska Department of Fish Game, U.S.
Army Corps of Engineers and other applicable agencies.
The activity must comply with all conditions and regulations
imposed on such activity.
-122-
Purpose of Proposed Code Change:
re Currently, the Borough gives up its power to regulate
activities in this section even if the state and federal
agencies refuse or fail to act.
The Borough assumes that these other jurisdictions are not
only competent but willing to step into the void of
responsibility ceded by the Borough
The Borough should retain its power to protect its
environment and independently evaluate and permit
projects based on the standards that it has developed.
Remove this section from the code.
423-
21.18.070(B)(3) Recommendation
KPB 21.18.07O(B)(4)
Height Light
Requirements
KPB 21.18.070(B)(4)
Height u ,1 reme
L7.('.Zg'�i CX. Light Requirements
Current Ordinance Standards:
Boardwalks with 25 to 75% light penetration must
be 18" off ground
Boardwalks with over 75% light penetration must
be 8" off ground
Boardwalks must be no longer than one -third of
frontage and no wider than 8 -feet
-124
Staff Observations:
IN Through the installation of ELPs (used to maintain
vegetation and banks), we often cut down vegetation and
damage or remove habitat. Often the vegetation that is
removed is overhanging vegetation that provides great
habitat for fish but that is a nuisance for fishermen.
In some cases, property owners are better served by
steps /stairs to the riverbed rather than long, edge -of -bank
boardwalks.
Boardwalks supported by legs that rest on the ground do
less damage to the bank than driven posts.
The code should make it clear that there may not be more
than a single, bank- parallel ELP in the habitat protection
area (regardless of its distance from OHW).
Staff Observations:
We rarely see an 8 -foot wide walkway, and the amount of
disturbance they create is large.
Should we be requiring/encouraging access ELPs across
wet areas or steep slopes when we receive an application
for a riverfront ELP? (To prevent erosion and to address
water quality issues)
There is no provision in the code for the first step or the
edge of a walkway on a slope to be close to ground level.
Leads to unsafe structures, especially for those who may
have physical limitations.
IBC Section 1009.3 Stair Treads and Risers: Stair riser
heights shall be 7 inches maximum and 4 inches minimum.
-1g5-
Scenarios under current ordinance
Scenario under proposed ordinance
-126-
Common Walkway Surfaces
Light Penetration
Aluminum I -bar grating 80%
Fiberglass I -6000 bar grating 60%
Fiberglass T -bar grating 50%
Fiberglass I-4000 bar grating (ADA compliant) 40%
Metal serrated bar grating 83%
Metal bar grating 77%
Grip Strut plank grating 52%
Rough cut 2x4 boardwalk with 1.33" spacing 25%
Rough cut 2x2 boardwalk with 2" spacing 50%
(Open area or light penetration vanes slightly manufacturer)
Proposed Code Change:
Create incentives to encourage walkways with
higher light penetration.
Allow for one edge of walkways to be at or near
ground level
Allow AAA walkways as a conditional use
-10;7-
21.18.070(B)(4)
Recommended Language
2. Elevated light penetrating structures. These structures
include structures that are not ancillary to another use
but are constructed solely for the purposes of accessing
the river and may include but are not limited to
boardwalks, gratewalks, stairs, ramps, platforms and
gangplanks. Elevated light penetrating structures must
be constructed of wood, plastic, fiberglass, aluminum,
steel, or other non -toxic material. If the wood is treated, ft
must be certified as non -toxic to plants and animals by
an independent laboratory or other appropriate agency.
The topography of the bank and habitat protection
district may not be altered to provide for the installation
of these structures.
21.18.070(B)(4)
Recommend Language
a. Elevated light penetrating structures with
less than 60 percent but a minimum of 25
percent light penetration must not exceed
6 feet in width and must be constructed so
that no part, other than the supporting
posts, are less than 18 inches from the
ground.
-128-
21.18.070(B) (4)
Recommended Language
b. Elevated light penetrating structures with at least
60 percent light penetration must not exceed 8
feet in width and must be constructed so that no
part, other than the supporting posts, is closer
than 4 inches from the ground. To ensure safety
or to aid access, one side or edge of the elevated
Tight penetrating structure may be lowered;
provided that no part, other than the supporting
posts on the riverward edge of the structure is
less than 4 inches from the ground. Lowering of
the surface may not result in erosion or damage
to the bank or vegetation, and the remainder of
the structure must still meet the requirements of
this chapter.
21.18.070(B) (4)
Recommended Language
c. For elevated light penetrating structures under
KPB 2118.071 (a) and (b), the total length of all
elevated light penetrating structures that run
along or parallel to the banks of the streams
shall be limited in length to no more than one
third of the total lineal river frontage of the parcel
on which it is constructed.
d. For all elevated light penetrating structures
under KPB 2118.071 (a) and (b), the open
space must be uniformly distributed throughout
the structure surface.
-w9-
10
21.18o070(B)(6)
Fish Cleaning Stations
KPB 21.18.070(B)(6)
Fish Cleaning Stations
Current Ordinance Language:
Fish cleaning stations. (Covered and /or walled in
fish cleaning stations shall require a conditional
use permit.)
iao-
11
Purpose of Proposed Code Change:
s The purpose of this code change is to provide guidance
to property owners that would like to construct a fish
cleaning station along the river. Fish cleaning stations
are currently allowed, but there are no height, light,
location or size requirements or standards.
21.18.070(B)(6)
Recommended Language
A single fish- cleaning station may be constructed provided
it has no enclosed sides or roof and that any shelf below
the fish cleaning surface must be at least 60 percent light
penetrating and be elevated at least 8 inches from the
ground. Fish- cleaning stations shall not exceed 25 square
feet in size, excluding the chute and drain pipes, If any.
12
KPB 21.18.070
Recommended Language for Entire
Revised Section
2118.071. Staff permits
A. A permit shall be obtained before commencement of
certain activities, uses and structures set forth in this
section if they do not result in erosion, damage to the
district, or an increase in ground or water pollution. An
application for a permit shall be made to the Kenai
Peninsula Borough at the River Center. Upon determination
that the submitted information of record supporting the
permit application meets the terms of this chapter, staff
shall issue a permit for the following activities, uses and
structures in the habitat protection district:
KPB 21.18.070
Recommended Language for Entire
Revised Section (cont)
Minor vegetation management (trimming, pruning, or removal of
hazardous trees)
2. Elevated light penetrating structures. These structures include
structures that are not ancillary to another use but are constructed
solely for the purposes of accessing the river and may include but
are not limited to boardwalks, gratewalks, stairs, ramps platforms
and gangplanks. Elevated Tight penetrating structures must be
constructed of wood, plastic, fiberglass, aluminum, steel, or other
non -toxic material. if the wood is treated, ft must be certified as non-
toxic to plants and animals by an independent laboratory or other
appropriate agency. The topography of the bank and habttat
protection district may not be altered to provide for the installation of
these structures.
-132-
KPB 21.18.070
Recommended Language for Entire
Revised Section (cont)
a. Elevated light penetrating structures with Tess than 60
percent but a minimum of 25 percent fight penetration
must not exceed 6 feet in width and must be constructed
so that no part, other than the supporting posts, are less
than 18 inches from the ground.
KPB 21.18.070
commended Language r tire
Revised Section (cont)
b. Elevated Tight penetrating structures with at least 60
percent light penetration must not exceed 8 feet in width
and must be constructed so that no part, other than the
supporting posts, is closer than 4 inches from the
ground. To ensure safety or to aid access, one side or
edge of the elevated light penetrating structure may be
lowered, provided that no part, other than the supporting
posts on the riverward edge of the structure is Tess than
4 inches from the ground. Lowering of the surface may
not result in erosion or damage to the bank or
vegetation, and the remainder of the structure must still
meet the requirements of this chapter.
IY
14
KPB 21.18.070
Recommended Language for Entire
Revised Section (cont)
c. For elevated light penetrating structures under
KPB 2118.071 (a) and (b), the total length of all
elevated light penetrating structures that run
along or parallel to the banks of the streams
shall be limited in length to no more than one
third of the total lineal river frontage of the parcel
on which it is constructed.
d. For all elevated light penetrating structures
under KPB 21.18.071 (a) and (b), the open
space must be uniformly distributed throughout
the structure surface.
KPB 21.18.070
Re ecormended Language for Entire
l�4f 2.4F.6
Revised Section (cont)
s. A single fish cleaning station may be constructed
provided It has no enclosed sides or roof and that any
shelf below the fish- cleaning surface must be at least 60
percent light penetrating and be elevated at least 8
inches from the ground. Fish cleaning stations shall not
exceed 25 square feet in size, excluding the chute and
drain pipes, if any.
4. Bank restoration and protection projects.
-1%4-
15
KPB 21.18.070
Recommended Language for Entire
Revised Section (cunt)
B. Applicants for a river center permit are
responsible for abiding by all other federal,
state and local laws, regulations and
permitting requirements applicable to the
project.
Pray to God,
but keep rowing to shore.
Russian Proverb
16
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 -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.
2. Resolution No. 2010 -13 Authorizing a Budget Transfer of 510,000
Within the Water and Sewer Special Revenue Fund Sewer Department.
3. Resolution No. 2010 -14 Authorizing the City Manager to Enter Into a
Bar and Lounge Concession Agreement for the Kenai Municipal Airport.
4. Resolution No. 2010 -15 Opposing House Bill Number 266.
S. Resolution No. 2010 -16 Supporting Senate Bill Number 220.
6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a
Alaskalanes Bowling Center, License #297 Recreational Site.
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, ity Clerk
Posted: February 26, 2010
NOTICE OF PUBLIC HEARING
MARCH 3, 2010
CITY OF' KENAI COUNCIL MEETING
(Clerk's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
Carol L. Freas, City Clerk
Posted: March 4, 2010
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE
KENAI CITY COUNCIL MEETING
OF
MARCH 3, 2010
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 -13 Authorizing a Budget Transfer of $10,000
Within the Water and Sewer Special Revenue Fund Sewer Department.
2. Resolution No. 2010 -14 Authorizing the City Manager to Enter Into a
Bar and Lounge Concession Agreement for the Kenai Municipal Airport.
3. Resolution No. 2010 -16 Supporting Senate Bill Number 220.
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.
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
MARCH 3,2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.d.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. David Caswell, State Director, Honor and Remember of Alaska
Honor and Remember Flag.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per
speaker.
1. 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.
(Clerk's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
2. Resolution No. 2010 -13 Authorizing a Budget Transfer of $10,000
Within the Water and Sewer Special Revenue Fund Sewer
Department.
3. Resolution No. 2010.14 Authorizing the City Manager to Enter Into
a Bar and Lounge Concession Agreement for the Kenai Municipal
Airport.
4. Resolution No. 2010 -15 Opposing House Bill Number 266.
5. Resolution No. 2010.16 Supporting Senate Bill Number 220.
6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a
Alaskalanes Bowling Center, License #297 Recreational Site.
ITEM F: UNFINISHED BUSINESS None
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000.
3. *Ordinance No. 2465 -2010 Increasing Estimated Revenues and
Appropriations by $2,175 in the General Fund for a State Farm
Insurance Grant Awarded for the Purchase of an Educational 911
Simulator Phone.
4. *Ordinance No. 2466 -2010 Increasing Estimated Revenues and
Appropriations by $1,500 in the General Fund City Manager
Department to Prepare for the City's Application for the 2011 All
America City Award.
5. *Ordinance No. 2467 -2010 Increasing Estimated Revenues and
Appropriations by $1,481.45 in the General Fund for Ballistic Vest
Reimbursements from the U.S. Department of Justice.
6. *Ordinance No. 2468 -2010 Increasing Estimated Revenues and
Appropriations by $11,687.50 in the General Fund for the Police
Department to Purchase Equipment from Asset Forfeiture Funds
Provided to the City of Kenai.
7 *Ordinance No. 2469 -2010 Increasing Estimated Revenues and
Appropriations by $10,000 in the General Fund Non Departmental to
Provide a Grant for the Restoration of the Holy Assumption of the
Virgin Mary Russian Orthodox Church, a National Historic Landmark,
Located in Old Town Kenai.
8. *Ordinance No. 2470 -2010 Increasing Estimated Revenues and
Appropriations by $602 in the General Fund for Police Training
Reimbursements from Internet Crimes Against Children (ICAC).
9 *Ordinance No. 2471 -2010 Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund Police Department to
Purchase Equipment.
10. Approval Chevron North America Exploration and Production
Company /Extension of Lease Alaska Fire Training Center.
EXECUTIVE SESSION Financial matters, disclosure of which could
have an adverse effect on 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
UNITED STATES OF AMERICA,
STATE OF ALASKA
every
PUBLISHER'S AFFIDAVIT
consecutive day in the issues on the
following dates:
March 1, 2010
NOTARY PUBLIC
State of Alaska.
My Commission expires 26- Auk -12
n favor for the
SS:
Denise Reece being first duly
sworn, on oath deposes and says:
That 1 am and was at all times here
in this affidavit mentions, Supervisor of
Legals of the Peninsula Clarion, a news-
paper of general circulation and published
at Kenai, Alaska, that the
Council Agenda
PO #90976
a printed copy of which is hereto annexed was
published in said paper one each and
day
for one successive and
X
SUBSCRIBED AND SWORN to me before
s 4th day of March
oll wnurr
S RU d
a N OTAg y
'lleLIC
Imo
OFPa4
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
MARCH 3, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
hbp: /www.ci.kenai. ak. us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. David Caswell, State Director, Honor and Remember of Alaska
Honor and Remember Flag.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per
speaker.
1. Resolution No. 2010 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.
(Clerk's Note: At its February 3, 2010 meeting, the City Council postponed
Resolution No. 2010 -07 to March 3, 2010.)
2. Resolution No. 2010 Authorizing a Budget Transfer of $10,000
.Within the Water and Sewer Special Revenue Fund Sewer
Department.
3, Resolution No. 2010 Authorizing the City Manager to Enter Into
a Bar and Lounge Concession Agreement for the Kenai Municipal
Airport.
4, Resolution No. 2010 Opposing House Bill Number 266.
5, Resolution No. 2010 Supporting Senate Bill Number 220.
6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a
Alaskalanes Bowling Center. License #297 Recreational Site,
ITEM F: UNFINISHED BUSINESS None
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding 515,000.
3. *Ordinance No. 2465 2010 Increasing Estimated Revenues and
Appropriations by $2,175 in the General Fund for a State Farm
Insurance Grant Awarded for the Purchase of an Educational 911
Simulator Phone.
4. *Ordinance No. 2466 2010 Increasing Estimated Revenues and
Appropriations by $1.500 in the General Fund City Manager
Department to Prepare for the City's Application for the 2011 AIL
America City Award,
5. "Ordinance No. 2467 Increasing Estimated Revenues and
Appropriations by $1,481.45 in the General Fund for Ballistic Vest
Reimbursements from the U.S. Department of Justice.
6. *Ordinance No. 2468 2010 Increasing Estimated Revenues and
Appropriations by $11,687.50 in the General Fund for the Police
Department to Purchase Equipment from Asset Forfeiture Funds
Provided to the City of Kenai.
7. *Ordinance No. 2469 2010 Increasing Estimated Revenues and
Appropriations by $10,000 in the General Fund Non Departmental to
Provide a Grant for the Restoration of the Holy Assumption of the
Virgin Mary Russian Orthodox Church, a National Historic Landmark.
Located in Old Town Kenai.
8. *Ordinance No. 2470 2010 Increasing Estimated Revenues and
Appropriations by $602 in the General Fund for Police Training
Reimbursements from Internet Crimes Against Children (ICAC).
9. *Ordinance No. 2471 2010 Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund Police Department to
Purchase Equipment.
10. Approval Chevron North America Exploration and Production
Company /Extension of Lease Alaska Fire Training Center.
EXECUTIVE SESSION Financial matters, disclosure of which could
have an adverse effect on 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.kenarak.us.
Carol L. Frees, City Clerk D146/211