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HomeMy WebLinkAbout2010-04-07 Council PacketCOUNCIL MEETING DATE: Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department Attorney Feltman /Floyd City Manager Finance Airport Parks Recreation Student Rep. Hall Binder Kebschull /Carver Ogle Christine Clarion Mellish Schmidt r. AGENDA DISTRIBUTION MAKE 27 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 Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. 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REMOVE: Item D -11, Protest /Liquor License Renewal Little Ski Mo Drive Inn (Clerk's Note: Protest was due to unpaid sales and property taxes. Notification has been received from the Borough amounts have been brought current.) ADD TO: Item F -1, Discussion /Action Item Town Hall Meeting H. Chay email transmission related to planning of Town Hall meeting. CONSENT AGENDA ADD AS: Item D -11, Liquor License Renewal Little Ski Mo Drive Inn. CLERK REQUESTED BY: CITY ATTORNEY CLERK CLERK TESTIMONY SIGN -IN SHEET (a 6( tG 4 )U if TESTIMONY SIGN -IN SHEET Em W to x W 2 2 O U 2 z ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central' Commercial (CC), General Commercial (CG), and Mixed Central 1V15XCQ USe Zones (CMU) 2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by S 1,300 in the General Fund for a Library Grant 4 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by 52,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund 6 a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund 4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund a. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund 8 11 14 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund 7. Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai 19 23 26 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00 33 9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund 35 10. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot 37 11. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 52 12. WITHDRAWAL OF PICOItib "L Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 54 13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge- Seasonal (May 1 October 31) 57 ITEM E: MINUTES 1. *Special Meeting of March 13, 2010 59 2. *Regular Meeting of March 17, 2010 62 ITEM F: UNFINISHED BUSINESS 1. Discussion /Action Item Town Hall Meeting 84 ITEM G: NEW BUSINESS 1. Bills to be Ratified 91 2. Approval of Purchase Orders Exceeding $15,000 92 3. *Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by S895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC) ITEM It COMMISSION /COMMITTEE REPORTS ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council 93 4. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express) 95 5. Action Item Amendments to Leases /Rate Changes Kenai Golf Course 102 6. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms.... 110 7. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk 116 8. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties 119 1. Council on Aging 124 2. Airport Commission 127 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 131 6. Planning Zoning Commission 136 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee 142 d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 145 EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney. (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. ITEM L: 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, Council amended Resolution No. 2009 -68 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 March 3, 2010 meeting, Council postponed Resolution. No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 7, 2010 Page No. 4/7/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 148 2. Budget Transfer in Capital Projects in Excess of 5,000 149 3. Public Service Announcement No. 10 -052 entitled, Governor Parnell Announces Board Appointments 150 4. 2009 Kenai Police Department Annual Report 151 5. 3/10/2010, Kenaitze Indian Tribe Early Childhood Center, 100 Books for a Bike Program 184 6. 3/26/2010 Peninsula Clarion article entitled, Kasilof Dunes to Get Protection: Fencing Project at River Mouth Modeled after Similar Effort in Kenai 186 7. April 6, 2010 Kenai Peninsula Borough Assembly meeting agenda 1 87 the et K NAL ALASKA CITY OF KENAI ORDINANCE NO. 2472 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING CORRECTIVE AMENDMENTS TO THE DEVELOPMENT REQUIREMENTS TABLE IN KMC 14.24.020 PROVIDING FOR REAR SETBACKS OF TEN (10) FEET IN THE LIGHT INDUSTRIAL (IL), HEAVY INDUSTRIAL (IH), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG), AND CENTRAL MIXED USE ZONES (CMU). WHEREAS, the City of Kenai Zoning Code has a Development Requirement Table in KMC 14.24.020; and, WHEREAS, Ordinance No. 2381 -2009, passed by Council on the February 18, 2009, provided for amendments to the Development Requirements Table and established front yard setback requirements of 25 feet and rear and side yard setback requirements of ten (10) feet for lands in the for commercial, industrial and the central mixed use zones (IL /IH /CC /CG /CMU); and, WHEREAS, the attachment to Ordinance No. 2381 -2009 depicting the Development Requirements Table failed to include the rear setback requirements as established in the statement of intent in the Ordinance; and, WHEREAS, a corrective ordinance is required in order to fix the omission of the rear setback requirement in the Development Requirements Table; and, WHEREAS, it is the express intent of the Council that this Ordinance should be effective retroactive to March 18, 2009, the effective date of Ordinance No. 2381 -2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.24.020 (Development Requirements Table) be amended as shown in Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; DELETED TEXT BRACKETED] 1 PAT PORTER, MAYOR Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: March 18, 2009 ZONING DISTRICTS USPfS C /RR RR'1 RS RS1 RS2 R17TCSB IL /III /CC /CG /CMU R I ED LC MINIMU LOT 90 90 60 60 60 60 Seri individual sections of 90 I 90 90 WIDTH (feet) Code for requirements MINIMUM LOT SIZE (feet) P rout' 25 25 25 25 25 10 25 25 25 2 5 Side One- Story' 15 5 5 5 5 5 10 15 1 15 15 Daylight Basement/ 15 10 10 10 10 5 10 15 15 '15 Split Level' Two Story' 15 15 1 15 15 15 5 10 15 1.5 15 Rear 20 20 20 20 20 10 le 20 20 20 Ma ximum Lot 3 0% 30% 30% 30% 30% 40% 30% 30% 30% C overage Maximum height (feet) 35 35 35 35 35 3 5 Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement (2) Side setbacks are determined independently from the front view of the structure. Plot plan/As -built wiii distinguish single and two story portions of building to verity setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or th ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in its entirety. Two-story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above grade, For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building mid a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. Ordinance No. 2472 -2010 Attaclunent "A" Chapter 14.24 Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE the 41 1 KENAI ALASKA MEMO: TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attomey4 DATE: Marchl 1, 2010 RE: Ordinance 2472 -10 "Village with a Past, Cc with a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 -283 -3014 In your packet is proposed Ordinance 2472 -10. This ordinance corrects an omission in Ordinance 2381 -2009 regarding setback requirements in the industrial, commercial, and central mixed use zoning districts. The 2009 ordinance established front yard setbacks of 25 feet, and side and rear yard setbacks of 10 feet, in those districts. This intent was clearly established in the body of the 2009 ordinance; however, due to an oversight, only recently discovered, the rear setback was not set out in the Development Requirements Table depicting the setbacks and attached to the ordinance. The side and front setback requirements were properly depicted on the Development Requirements Table. Although the oversight is akin to a scrivener's error, procedurally, a corrective ordinance is necessary to remedy the error. Notwithstanding, the Council's intent was clear in the ordinance and the rear setback requirement has been enforced since the 2009 ordinance. Accordingly, I have proposed that this ordinance include an express statement that it apply retroactively. Because this correction mirrors P &Z's recommendation to council in 2009 to establish a setback of 10 feet in those zoning Districts, and because Council accepted that recommendation when it adopted Ordinance 2381 -2009, this ordinance has not been presented of the Planning Zoning commission. The omission was in the nature of a simple scrivener's error, wherein the rear setback requirements were not typed in the attachment as adopted and set forth in the original ordinance. Procedurally, I believe a corrective amendment ordinance is necessary. Council.memo Ord. 247210 rearsetback amendment r r 1992 KENAIALASKA MEMO: TO: FROM: DATE: SUBJECT: "Villaye with a Past a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 E Telephone: 907- 283 -7535 FAX: 907 283 -3014 VIII 1992 Mayor Porter and City Councilors fr Krista S. Stearns, City Attorney'O April 7, 2010 11 Amendment to Ordinance 2472 -2010 In reviewing the Council packet for this evening, I realized that the Legal Department provided the City Clerk with an incorrect draft of proposed Ordnance 2472 -2010. The version in the Council packet was my first version of the ordinance which I had initially conceived as having a retroactive effective date. After researching the issue of retroactivity, however, I determined that this would not be an appropriate effective date for the ordinance. I made appropriate changes to the draft ordinance; but, unfortunately, my first version of the ordinance, not my corrected version was provided to the City Clerk. Accordingly, I suggest an amendment to the ordinance to read as follows: I move to amend Ordinance No. 2472 -2010 by deleting the last WHEREAS statement in its entirety and replacing it with a new WHEREAS statement to read as follows: WHEREAS, because the rear setback standard of 10 feet has been enforced since the effective date of Ordinance 2381 -2009, and because this Ordinance is corrective in nature to effectuate the Council's clear intent in Ordinance 2381- 2009, it is the express intent of the Council that the setback standard should apply retroactive to March 18, 2009, the effective date of Ordinance 2381 -2009. And further, to clarify that the effective date as indicated on the bottom of the ordinance should be May 7, 2010. This amendment will clarify that Ordinance 2472 -201.0 will take effect one month after the date of adoption, as is customary under the City Code. The amendment will also reflect the Council's clear intent from the prior ordinance that the 10 foot setback standard was correctly applied since the effective date of Ordinance 2381 -2009. 0144 arc c4 v CITY OF KENAI KENA ALASKA ORDINANCE NO. 2473 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,300 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the Kenai Community Library was awarded a two year grant from the Bill and. Melinda Gates Foundation in the amount of $3,900 for FY2009 and $1,300 for FY2010 for technology services; and, WHEREAS, the acceptance of this grant will allow for one public computer upgrade; and, WHEREAS, the required local match of $1,300 has been satisfied with upgrades paid by the Library's operating budget requiring no additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: GENERAL Fund Increase Estimated Revenues: Library Grants S1,300 Increase Appropriations: Library Small Tools $1,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010, ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 e eiy of KEN M. ALASKA MEMO: Villa, with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone. 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch, Terry Eubank FROM: Mary Jo Joiner DATE: 9 March 2010 SUBJECT: Ordinance for Gates Online Opportunity Grant funds The monies in this ordinance come from the Bill Melinda Gates Foundation ($1,300). The TechAtlas inventory referred to below was done electronically and submitted to the Gates foundation. The money is to be used only for public access computers and may not be used for staff only workstations, The Foundation found that three of our public workstations were outdated. This grant is intended to help those libraries that originally received Gates grants for computers to upgrade their equipment and software. Please see the information below that came directly from the Foundation. Note that the library director, Sal Mattero and Chris Cook attended the mandatory workshop in October 2008. "Based on an analysis of the number of people living in poverty in your service area, and the data returned from the TechAtlas inventory you completed in February, the Bill Melinda Gates Foundation has determined that your library is eligible to participate in its Opportunity Online hardware grant program. This program is designed to help libraries sustain technology services and strengthen their capacity to conduct advocacy and secure local funding. The amount of funding that your library is eligible for in each phase of the program is listed below. These amounts are based on the number of existing up -to -date public access computers and the number of low- income individuals served by your library. The amount of the grant is also based on a "total cost of ownership" model determined by the foundation which incorporates the cost of supporting a public access computer in a public library over a period of four years, including set -up, maintenance, and tech support." Kenai Community Library Year 1 Computers: 2 Year 1 Library provides: $1,300 Year 1 Gates Foundation provides: $3,900 Year 2 Computers: '1 with a Future" Ii1SLd 1l11! 1991 Year 2 Library provides: $1,300 Year 2 Gates Foundation provides: $1,300 In addition, there is an advocacy training workshop that will take place in late 2008 which at least one staff must attend. All expenses will be paid by the Foundation" tie u!v of KENAI ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES BY $2,029,343.75 AND APPROPRIATIONS BY $2,023,595 IN THE DEBT SERVICE FUND. WHEREAS, the City has completed issuance of the Library Expansion Bonds with proceeds totaling $2,029,343.75, including $2,000,000.00 in voter authorized par amount and $29,343.75 in bond premium; and, WHEREAS, cost of issuance totaled 530,584.76 and included donated fees from the Alaska Municipal Bond Bank in the amount of $6,989,76, underwriting fees of S 12,395.00 and City retained bond counsel fees of $1 1,200.00; and, WHEREAS, proceeds remaining after the payment of all non donated issuance costs total S2,005,748.75; and, WHEREAS, $2,000,000 in voter authorized debt is available to the project and the remaining$5,748.75 will be applied to the City's first debt service payment in September 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Debt Service Fund Increase Estimated Revenues: Proceeds from Issuance of Debt Proceeds from Bond Premium Increase Appropriations: Professional Services Transfers Out PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2475 -2010 PAT PORTER, MAYOR Suggested by: Administration $2,000,000.00 29,343.75 S2 029 343 75 23,595.00 2.000.000.00 $2,023.595.00 Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 the ciyt KENAI, ALASKA To: Rick Koch, City Manager 7 ,1 From Terry Eubank, Finance Director Date: March 11, 2010 Re: Ordinance 2475 -2010 "Villaye with a Past, Ci y with a Future FINANCE DEPARTMENT 210 FidaIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 The issuance of bonds for the City's Library Expansion Project was completed today with receipt of $2,029.343.75 in proceeds. Proceeds are comprised of the authorized $2,000,000 of debt and $29,343.75 of bond premium. Total issuance costs for the bonds were $30,584.76 with $6,989.76 being donated by the Alaska Municipal Bond Bank and the retraining $23,595.00 being paid by the City. Upon passage of this ordinance, $2,000,000 of the $2,029,343.75 in proceeds will be transferred to the Library Expansion Capital Project Fund, $23,595 will be used to pay bond issuance costs, and the remaining $5,748.75 will be retained in the City's Debt Service Fund to reduce the City's first debt payment on the new bonds. Debt payments will occur beginning in M n September 2010 and occur in September and March of each subsequent year until paid in full i 1 1 1[11 eA1 G JV 20 the cze KENgALASKA CITY OF KENAI ORDINANCE NO. 2475 -2010 SUBSTITUTE Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES BY $2,029,343.75 AND APPROPRIATIONS BY S2,023,289.94 IN THE DEBT SERVICE FUND. WHEREAS, the City has completed issuance of the Library Expansion Bonds with proceeds totaling $2,029,343.75, including $2,000,000.00 in voter authorized par amount and $29,343.75 in bond premium; and, WHEREAS, cost of issuance totaled $30,279,70 and included donated fees from the Alaska Municipal Bond Bank in the amount of 36,989.76, underwriting fees of 312,395.00 and City retained bond counsel fees of $10,894.94; and, WHEREAS, proceeds remaining after the payment of all non donated issuance costs total $2,006,053.81; and, WHEREAS, $2,000,000 in voter authorized debt is available to the project and the remaining 36,053,81 will be applied to the City's fu debt service payment in September 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Debt Service Fund Increase Estimated Revenues: Proceeds from Issuance of Debt Proceeds from Bond Premium Increase Appropriations: Professional Services Transfers Out New Text Underlined [DELETED TEXT BRACKETED] -8- $2,000,000.00 29,343.75 $2,029.343.75 23,289.94 2.000,000.00 $2 023 289.94 Ordinance No. 2475 -2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Cleric Approved by Finance; PAT PORTER, MAYOR New Text Underlined IDELETED TEXT BRACKETED] Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 vx he of KENAA� SKA To: Rick Koch, City Manager rom: Terry Eubank, Finance .Director Date: April 1, 2010 Re: Ordinance 2475 -2010 SUBSTITUTE "Vt!laye with a Past, C with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907- 283 -3014 Since introduction of Ordinance 2475-2010 (the Ordinance) the City has received the final invoice from its contracted Bond Counsel. The invoice was estimated to be $11,200 when the Ordinance was introduced. The final bill is $10,894.94, 5305.06 less than estimated. The substitute ordinance reflects this change. The savings of $305.06 will be applied to the first debt payment in September 2010. The total amount being applied to the first debt payment will be $6,053.81. -1 0- CITY OF KENAI ORDINANCE NO. 2474 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,660,000 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the total cost of the proposed 10,000 square foot expansion of the Kenai Library is $5,200,000; and, WHEREAS, the City has previously appropriated $540,000 to progress the project through the design phase and bid phase; and, WHEREAS, design and bidding of the project is complete with a total projected cost of $5,200,000 including $500,000 in contingency; and, WHEREAS, the City has received a Rasmuson Foundation Tier II Grant in the amount of $1,500,000 for the project; and, WHEREAS, the City has received $230,000 in donations from the Friends of the Kenai Community Library; and, WHEREAS, $250,000 of additional funding is available from the City's Capital Improvement Reserve Fund Balance; and, WHEREAS, the City issued $2,000,000 in voter authorized, General Obligation bonds for the project; and, WHEREAS, the remaining $680,000 for the project will come from Unreserved General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Library Improvements Capital Project Fund Increase Estimated Revenues: Transfer In Debt Service Fund $2,000,000 Other Grants Rasmuson Foundation 1,500,000 Donations Friends of the Kenai Community Library 230,000 Appropriation of Designated Fund Balance 250,000 Appropriation of Unreserved Fund Balance 680,000 $4.660,000 Increase Appropriations: Construction $4,660000 Suggested by: Administration Ordinance No. 2474 -2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of' April, 2010. ATTEST: Carol L. Freas, City Clerk ,f Approved by Finance: 1 C'- -12- PAT PORTER, MAYOR Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 i t ity of KENA� SKQ V Rick Koch, City Manager From: Terry Eubank, Fivanee Director Date: March 11, 2010 Re: Ordinance 2474 -2010 The Library Expansion Project construction contract is scheduled to be awarded at the April 7, 2010 council meeting. Cost of the project is estimated at $5,200,000 to be paid from the following sources: City of Kenai Unreserved Fund Balance 720,000 City of Kenai Capital Improvement Reserve Fund 500,000 Proceeds from voter authorized bonds 2,000,000 Rasmuson Foundation Tier 11 Grant 1,500,000 Friends of the Kenai Library Donation 230,000 State of Alaska Legislative Grant 250,000 Total $5,200,000 To date 5540,000 has been appropriated to the project from the following sources: City of Kenai Unreserved Fund Balance City of Kenai Capital Improvement Reserve Fund State of Alaska Legislative Grant "Village with a Past, Ci y with a Fture FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Total $540,000 Ordinance 2474 -2010 appropriates the remaining funds for the project. It should be noted that the appropriation of the additional $250,000 from the Capital Improvement Reserve Fund will require five affirmative votes of the Council for passage. -13- 40,000 250,000 250.000 KENALALASKA CITY OF KENAI ORDINANCE NO. 2474 -2010 SUBSTITUTE Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,775,516 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the total cost of the proposed 10,000 square foot expansion of the Kenai Library is $5,315,516; and, WHEREAS, the City has previously appropriated $540,000 to progress the project through the design phase and bid phase; and, WHEREAS, design and bidding of the project is complete with a total projected cost of $5,315,516 including $240,000 in contingency; and, WHEREAS, the City has received a Rasmuson Foundation Tier II Grant in the amount of $1,500,000 for the project; and, WHEREAS, the City has received $415,000 in donations from the Friends of the Kenai Community Library (the Friends) that includes $150,000 the Friends received from the British Petroleum Foundation; and, WHEREAS, $250,000 of additional funding is available from the City's Capital Improvement Reserve Fund Balance; and, R c c the City issued $2,000,000 v_._:__� r. WHEREAS, �.,.t oU.�:�. w.'., �,OLC ir'i voter- autiivii�cu, General Obligation bonds for the project; and, WHEREAS, the City received a $4,000 grant from the WalMart Corporation for the project; and, WHEREAS, miscellaneous project revenue from sale of project plans has been received in the amount of 52,911; and, WHEREAS, the remaining $603,605 for the project will come from Unreserved General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Library Improvements Capital Project Fund increase Estimated Revenues: Transfer In Debt Service Fund $2,000,000 Other Grants Rasmuson Foundation 1,500,000 New Text Underlined [DELETED TEXT BRACKETED) -14- Ordinance No. 2474 -2009 SUBSTITUTE Page 2 of 2 Donations Friends of the Kenai Community Library 415,000 Donations WalMart Corporation 4,000 Miscellaneous Income 2,911 Appropriation of Designated Fund Balance 250,000 Appropriation of Unreserved Fund Balance 603,605 $4.775,516 Increase Appropriations: Construction $4 775,516 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 1, Ace_ -15- PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETEDI Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 he KEN AALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 1, 2010 Re: SUBSTITUTE Ordinance 2474 -2010 "I/illaye with a Past Gi'ty with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 Since introduction of Ordinance 2474 -2010, a number of anticipated events have occurred requiring changes to the originally submitted ordinance prior to adoption, The events include receiving construction bids, notification of a grant from the WalMart Corporation for 54,000, notification of 5185,000 in additional funding from the Friends of the Kenai Community Library (that includes 5150,000 donation from the British Petroleum Foundation), and receipt of $2,911 in miscellaneous project income. The substitute ordinance that has been prepared acknowledges these now ]mown factors. The Library Expansion Project construction contract is scheduled to he awarded at this April 7, 2010 Council Meeting. The total constniction bid, including all three additive alternates is $4,178,516 with a total project budget of $5,315,516 including 5240,000 in project contingency that is to be paid from the following sources: City of Kenai Unreserved Fund Balance 5 643,605 City of Kenai Capital improvement Reserve Fund 500,000 Proceeds from Voter Authorized Bonds 2,000,000 Rasmuson Foundation Tier II Cirant 1,500,000 Friends of the Kenai Library Donation (includes $150,000 from the British Petroleum Foundation) 415,000 Wa1Mait Corporation Donation 4,000 Miscellaneous Project Income 2,911 State of Alaska Legislative Grant 250.000 Total $5,315,516 -16- To date, $540,000 has been appropriated to the project from the following sources: City of Kenai Unreserved Fund Balance 40,000 City of Kenai Capital Improvement Reserve Fund 250,000 State of Alaska Legislative Grant 250.000 Total $540,000 Substitute Ordinance 2474 -2010 appropriates the remaining funds for the project. It should be noted that the appropriation of the additional $250,000 from the Capital Improvement Reserve Fund will require five affirmative votes ol'the Council for passage. -17- Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Continued Support for Library Addition Dear Rick; Friends of the Kenai Community Library 163 Main Street Loop Kenai, Alaska, 99611 March 31, 2010 This short memo will confirm the continued support of the Friends of the Kenai Community Library in the successful completion of the addition to the Kenai Library. To add to our previous donations of $230,000, the Friends are committing an additional $35,000 from donations received for the library expansion. This money is in addition to the recent pledge of $150,000 made to the Friends by British Petroleum (BP). As soon as we receive the necessary financial data requested of our accounting firm, we will submit all requested information to BP and proceed with the necessary arrangements to receive the funds in a formal ceremony; likely at a Kenai Chamber meeting. Continued funding from sale of various support opportunities and scheduled events conducted by the Friends will add to our support dollars throughout the completion of this effort. Sincerely, Sal Mattero, President Friends of the Kenai Community Library Cc: Mary Jo Joiner Library Director -18- CITY OF KENAI ORDINANCE NO. 2476 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI MULTIPURPOSE FACILITY CAPITAL PROJECT FUND FOR INSTALLATION OF ENERGY EFFICIENT LIGHTING, WHEREAS, the City of Kenai was awarded a $50.000 grant from the United States Department of Energy to install high efficiency lighting in at the Kenai Multipurpose Facility; and, WHEREAS, Kenai City Council Ordinance 2448 -2009 originally appropriated the $50,000 United States Department of Energy Grant; and, WHEREAS, design and specification of the lighting upgrade has determined that grant funds are insufficient to complete the project with lighting adequate for the facilities uses; and, WHEREAS, the additional $25,000 is available in the Buildings Department for transfer to the project; and, WHEREAS, the installation of high efficiency lighting is expected to produce estimated annual savings of $12,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following budget transfer be made: General Fund Decrease Building Department: Professional Services $10,000 Repair Maintenance 5,000 Buildings 10,000 $Z Increase Non Departmental Transfers to Other Funds $25,000 New Text Underlined [DELETED TEXT BRACHETED] -19- Ordinance No. 2476 -2010 Page 2 of 2 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai Multipurpose Facility Capital Project Fund Increase Estimated Revenues: Transfer from Other Funds Increase Appropriations: Construction $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined IDELETtD TEXT BRACKETED} -20- $25,000 Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 the of NEN \v ALASKA MEMO: Rick, Village with a Past, City with a Future' lam 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: March 10, 2010 SUBJECT: Ordinance 2476 -2010; Budget Transfers within Buildings Department to the Multi- Purpose Facility Lighting Upgrade Project This is in support of Ordinance 2476 -2010 that requests Council approval of the budget transfer of $25,000 from the Buildings Department to the Multi- Purpose Facility Lighting Upgrade Project. The proposed transfer would come from the following Buildings accounts: Account Number Account Name Amount 001 434 -4531 Professional Services S10,000 001 -434 -8062 Buildings (Undesignated improvements to City Buildings) $10,000 001- 434 -4538 Repair Maintenance 5,000 These funds are available for this transfer from the Building Department. The Buildings Department has no projects planned for the remainder of FY2010 that would require funds from the Professional Services or Buildings accounts. In addition, the projected expenditures for the remainder of FY2010 indicate that $5,000 could be transferred from the Repair and Maintenance account without creating any difficulty. I recommend the Buildings funds be transferred to the Multi- Purpose Facility Lighting Upgrade Project. the iliy of KENN� ALASKA Rick, "l/'llaye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1 111 1! 1992 MEMORANDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 1, 2010 r SUBJECT: Multi Use Facility Lighting Upgrade The scope of the Multi Use Facility Lighting Upgrade project is to replace the existing Metal Halide Light fixtures with energy efficient florescent T5H0 lighting. The City will issue a performance based design build specification to provide lighting at the facility to meet the 75 foot candle average on the ice surface as recommended by the Illuminating Engineering Society of North America. The project is currently funded at $50,000.00 (ORDINANCE 2448 -2009) by the American Recovery and Reinvestment Act (ARRA) Department of Energy (DOE) formula based grant program. As the grant funding is part of the ARRA it requires the products meet the Buy American provision as well as all the federal reporting requirements. The estimate to complete this project is $75,000.00 requiring an additional $25,000 to proceed. -22- the KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2477 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI COMPREHENSIVE PLAN PROJECT FUND. WHEREAS, the City of Kenai was awarded a 550,000 matching grant from the Kenai Peninsula Borough to update the City's Comprehensive Plan; and, WHEREAS, proceeds from the grant were received, on July 28, 2009 and were deposited in the project fund but have not yet been appropriated; and, WHEREAS, in preparation for the project the City will be providing staff training in collaborative problem solving and public meeting facilitation for staff members; and, WHEREAS, training costs are projected to be $15,000; and, WHEREAS, excess funds of $7,500 are available in the Legislative match the grant funds to be expended on training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE ALASKA that the following budget transfer be made: General Fund Decrease Legislative Department: Professional Services Advertising Transportation Increase Non Departmental Transfers to Other Funds New Text Underlined [DELETED TEXT BRACKETED] -23- Suggested by: Administration Department to CITY OF KENAI, 52,500 2,500 2,500 $7,500 7.500 Ordinance No. 2477 -2010 Page 2 of 2 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai Comprehensive Plan Project Fund Increase Estimated Revenues: Other Grants Transfer from Other Funds Increase Appropriations: Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 1- PAT PORTER, MAYOR -24- Introduced: Adopted: Effective: New Text Underlined [DELETED TEXT BRACKETED] $50,000 7.500 $5'7500 $57.500 is seventh day of March 17, 2010 April 7, 2010 April 7, 2010 KENAI, ALASKA MEMO: Village with a Past, a with a Fcstare 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 TO: City Council FROM: Rick Koch DATE: March 11, 2010 SUBJECT: Ordinance No. 2477 -2010, Budget Transfer The purpose of this correspondence is to recommend approval of Ordinance 2477 -2010. The effect of this ordinance is to transfer funding from three line items within the legislative budget totaling $7,500 to the non departmental budget. The funding to be transferred from the legislative budget is in excess of this year's needs. The purpose of the budget transfer is to provide funding for the costs associated with having a town hall meeting to discuss community sustainability. These costs include facilitators, building rental, travel, and other related costs. In addition, funding in the amount of $7,500 will be utilized to provide staff training for work associated with the City's Comprehensive Plan. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. the ury o f RENAL ALASKA CITY OF KENAI RESOLUTION NO. 2010 -20 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE ALASKA DEPARTMENT OF FISH AND GAME AND THE CITY OF KENAI FOR KENAI RIVER PERSONAL USE FISHERY NORTH SHORE FISHERY SUPPORT IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF KENAI. WHEREAS, improvements to the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River were adopted as part of the City of Kenai Capital Improvements Program Priority List for State and Federal Funding Requests for the Fiscal Year 2011; and, WHEREAS, the Alaska Department of Fish and Game, Division of Sport Fish (ADF &G) has provided an agreement with the purpose of enhancing the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River; and, WHEREAS, ADF&G will contribute funds not to exceed $150,000.00 to reimburse the City for accomplishing improvements to include two pre -cast double vault restrooms, pedestrian walkway improvements, permanent signage and pedestrian barrier fence. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Cooperative Agreement COOP -10 -096 between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements is approved and the City Manager is authorized to sign the agreement on behalf of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. A l Carol L. Freas, City Clerk -26- PAT PORTER, MAYOR ALASKA DEPARTMENT OF FISH AND GAME DIVISION OF SPORT F! SH P.O. BOX 115526 JUNEAU, ALASKA 99811 -5526 KENAI RIVER PERSONAL USE FISHERY NORTH SHORE FISHERY SUPPORT IMPROVEMENTS This memorandum of understanding is made and entered into between the Alaska Department of Fish and Game, Division of Spoil Fish, hcrceina ica LGLRIed .0 as the ADF &G and the City of Kenai, hereinafter referred to as the City. ADF &G enters into this agreement under the authority of state statutes AS 16.05.050(12). I. PURPOSE OF THE AGREEMENT The ADF &G does hereby agree: COOPERATIVE AGREEMENT COOP -10 -096 between the and the CITY OF KENAI 210FIDALGO AVENUE KENAI, ALASKA 99611 -7794 for To enhance the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River. H. COVENANTS OF THE ALASKA DEPARTMENT OF FISH AND GAME a. Reimburse the City for accomplishing the purpose(s) of this agreement in an amount not to exceed $150,000.00. The City will be reimbursed only for the cost of work it has actually completed (as described in Section [IL.) and which ADF &G has approved. -27- Reimbursement will be made within 30 days of receipt and approval, by ADF &G, of a request for reimbursement. All requests for reimbursement shall be adequately documented, Documentation may include copies of materials invoices, payroll ledgers, equipment logs, contract payments, etc. b. Meet periodically with the City and provide overall program development and planning assistance. c. Perform a final inspection of the completed project(s) to verify compliance with this agreement. III. COVENANTS OF THE CITY OF KENAI The City does hereby agree: a. Implement, maintain and assume ownership /responsibility for the following improvements: Pre -Cast Double Vault Restroom During the personal use fishery the City of Kenai rents and maintains eight (8) portable toilets at the end of Kenai Avenue. During weekends the portable toilets must be pumped and serviced up to twelve (12) times daily, The installation of two double toilets. each with 2,000 gallons of storage capacity will significantly reduce by a factor of fifty (50) the number of times the facilities must be pumped per weekend. Pedestrian Walkway Improvements A large volume of foot traffic accesses the north shore to participate in the personal use fishery utilizing a pedestrian pathway from Old Town Kenai. The construction of trail improvements would increase capacity and make it easier to carry /pull equipment such as coolers, chairs, nets, etc. Permanent Signage Signage is needed to identify and protect environmentally sensitive areas that are damaged during the personal use fishery. These areas include riverbank, a tidal estuary, wetlands, and sand dunes. Pedestrian Ranier The City of Kenai has installed over 4,000 lineal feet of pedestrian barrier fence to minimize pedestrian traffic, ATV traffic and four -wheel drive vehicular traffic from sand dunes and bird nesting areas on the north shore. Construction of an additional 1,200 lineal feet of pedestrian fence comprised of 6 "x6 "x8' All- Weather Wood (AW'W) posts and two strands of galvanized 3/8" chain will protect an upland area consisting of grasses, bird nesting areas, and other habitat b. Provide all additional funding beyond $150,000. c. Meet periodically with ADF &G. d. Maintain a separate set of accounting records for this project and retain these records for a period of three years from the termination of the agreement. These records shall be made available to the state for audit purposes, -28- IV. BUDGET The total amount of this agreement is not to exceed $150,000.00. The ADF &G will contribute funds in accordance with the following budget. The City will he reimbursed upon submission of approved billings and completion of all required reports Pre -Cast Double Vault Restroom $70,000.00 Pedestrian Walkway Improvements $48,000.00 Permanent Signage $8,000.00 Pedestrian Barrier $24,000.00 Total $150,000.00 V. IT IS MUTUALLY AGREED THAT 1. Nothing in this agreement shall obligate any party in the expenditure of funds, or for future payments of money, in excess of appropriations authorized by law. 2. Each party agrees that it will be responsible for its own acts and omissions including those of its officers, agents, and employees, and each party shall indemnify, defend and hold harmless the other, to the maximum extent allowed by law, from any claim of, or liability for error, omission or negligent act of whatever kind, including attorney fees, for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the terms of this agreement. 3. Both parties agree to comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. 4. Each party will comply with all applicable laws, regulations, and executive orders relative to Equal Employment Opportunity. 5. Nothing herein is intended to conflict with federal, state, or Local laws or regulations. If there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations. 6. Policy and position announcements relating specifically to this cooperative program may be made only by mutual consent of the agencies. 7, The effective date of this agreement shall he from the date of the final signature. 8. The termination date of this agreement shall be June 30, 2011. However, either party may terminate its participation in this agreement by providing to the other party notice in writing 30 days in advance of the date on which its termination becomes effective. -29- 9. The City and any agents or employees act in an independent capacity and not as officers, employees, or agents of the State in performance under this agreement. 10. This agreement is governed by the laws of the State of Alaska. By signature, all parties acknowledge this governance and waive any and all implied or expressed sovereignty. Al] actions concerning this agreement shall be brought in the Superior Court of the State of Alaska. 11. This agreement may be arnended by mutual written consent of the parties. 12. All parties sham provide and maintain, for all employees engaged in work under this agreement, workers' compensation insurance coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S. L. &H. and Jones Act requirements. -30- 21. SIGNATURES: For the City of Kenai Rick R. Koch City Manager For the Alaska Department of Fish and Game Charles 0. Swanton, Director Date Division of Sport Fish Tom Lawson, Director Date Division of Administrative Services -31- Date KEF DAI, ALAS ,r MEMO: Tillage with a Past, a with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 III Telephone: 907 -283 -7535 FAX: 907- 283 -3014 1992 TO: City Council FROM: Rick Koch DATE: April 1, 2010 SUBJECT: Resolution 2010 -20, Cooperative Agreement with ADF &G The purpose of this correspondence is to recommend Council approval of a cooperative agreement between the Alaska Department and Fish Game (ADF &G) and the City of Kenai. The proposed agreement provides for ADF &G to reimburse the City for expenditures to construct vaulted toilets on Kenai Avenue, improve the Meeks Trail pedestrian pathway, replace the Meeks Trail pedestrian bridge, provide permanent signage in the north shore area, and to construct additional barrier fencing to protect habitat to the west of the City wastewater treatment plant. There is not a match requirement for this cooperative agreement. If you have any questions please contact me at your convenience. -32- Bidder BASE BID Add Alt #1 Add Alt #2 Add Alt #3 TOTAL BID Criterion $4,466,820.00 $32,680.00 $106,800.00 $56,780.00 $4,663,080.00 Blazy Construction, Inc. $3,984,916.00 $36,000.00 $109,000.00 $48,600.00 $4,178,516.00 FE Contracting $4,098,000.00 $32,000.00 $98,000.00 $37,000.00 $4,265,000.00 G &S Construction $4,138,000.00 834,000.00 $100,000.00 $46,000.00 $4 S R Bales Construction $4,240,000.00 $37,800.00 $99,200.00 $44 $4,421,900.00 Chugach Alaska Services, Inc. $4,764,476.00 $19,919.00 $95,193.00 $27,772.00 $4,907,360.00 Engineers Estimate $4,370,000.00 $18,000.00 $347,000.00 $65,000.00 $4,800,000.00 CITY OF KENAI RESOLUTION NO. 2010 -21 WHEREAS, the following bids were received on March 31, 2010: Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO BLAZY CONSTRUCTION, INC. FOR THE PROJECT ENTITLED, "KENAI COMMUNITY LIBRARY EXPANSION AND RENOVATION 2010" FOR THE TOTAL AMOUNT OF 54,178,516.00. and, WHEREAS, the Blazy Construction Inc. bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAc the recommendation from City Administration i to award the contract to Blazy Construction, Inc. for the total cost of S 4,178,516.00; and, WHEREAS, upon the passage of Ordinance No. 2474 -2010, sufficient monies will be appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Kenai Community Library Expansion and Renovation 2010" is awarded to Blazy Construction, Inc. for the total amount of $4,178,516.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 -33- PAT PORTER, MAYOR the 411 Pf KENA ALASKA Rick, "Village with a Past Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1 1111 1 MEMO' A NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 1, 2010 SUBJECT: AWARD OF CONTRACT; Kenai Community Library Expansion and Renovation 2010 -34- This project will consist of a 10,000 SF addition to the Kenai Community Library and renovations of portions of the existing library plus associated site improvements. This project was bid with three additive alternates to assure an awardable contract within the proposed budget. The additive alternates are as follows: Additive alternate no. 1: snowmelt system at entries Additive alternate no. 2: completion of multipurpose rooms and support spine A.d iitive alternate no, 3: site improvements paving Award of this project is contingent on council approval of Ordinance 2474 -2010 and Ordinance 2475 -2010. These ordinances appropriate funding for the project and require approval prior to the considering this resolution. On March 31, 2010 bids for the project were opened and six bids were received. These bids have been reviewed and it has been determined that Blazy Construction, Inc was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds will be available to award the project in its entirety. The attached is Resolution 2010 -21 recommending award of the contract to Blazy Construction, Inc. for the total cost of $4,178,516.00. 1992 he eily of KE$4 SKII CITY OF KENAI RESOLUTION NO. 2010 -22 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE PURCHASE OF A TRUCK FOR THE CAPITAL PROJECTS MANAGER FROM THE CAPITAL PROJECTS MANAGEMENT FUND. WHEREAS, the Capital Projects Manager needs a vehicle to visit job sites and effectively manage projects; and, WHEREAS, the Capital Project Management Fund will recover the cost of the vehicle from the projects it manages with a monthly fee; and, WHEREAS, the purchase will be made utilizing the State of Alaska Cooperative Fleet Purchasing agreement with an estimated cost of $18,940. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, the City is authorized to purchase a truck utilizing the Capital Project Management Fund. The estimated cost is $20,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -35- PAT PORTER, MAYOR ate u'y KENA ALASKA To: Rick Koch, City Manager 1/From: Terry Eubank, Finance Director Date: April 1, 2010 Re: Resolution 2010 -22 "Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Ordinance 2452-2009 established the budget for the City's new Capital Project Manager. Included in that budget is $4,000 for depreciation expense. Depreciation was calculated for the purchase of a vehicle for the manager. The Capital Projects Management Fund is an internal service fund and as such is accounted for utilizing the accrual basis of accounting. The accrual basis of accounting requires the purchase of fixed assets to be accounted for differently than in other governmental funds that use the modified accrual basis of accounting. Purchase of the vehicle will represent the acquisition of an asset rather than an expenditure of funds. This accounting is very similar to that of the Equipment Replacement Fund. Similar to purchases by the Equipment Replacement Fund, the resolution before you does not represent an appropriation but rather an authorization to purchase the truck. The cost of the truck will be recovered from the projects managed by the Capital Project Management Fund who require its use. Anticipated recovery for upcoming fiscal year 2011 is $8,000. -36- n ne ary KE Al, ALASKA CITY OF KENAI RESOLUTION NO. 2010-23 -37- Suggested by: Council Member Marquis A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING "AN INITIATIVE CREATING AN ALASKA ANTI CORRUPTION ACT' WHICH WILL BE ON THE 2010 ALASKA PRIMARY ELECTION BALLOT. WHEREAS, on August 24, 2010, an initiative will be on the Alaska primary ballot which will ask the voters to decide if public funds can be used for election campaigns; and, WHEREAS, the Kenai City Council believes this law goes much deeper than is stated; and, WHEREAS, municipalities would be affected in the following way: Municipalities will NOT be able to hire lobbyists for capital projects or for help with Legislation; Elected officials will not be able to travel to Juneau to talk with the Legislature unless they pay for their travel and lodging with their own money; and, Municipalities will NOT be able to have ANY person lobby unless they are specifically invited by a Legislator. WHEREAS, the City of Kenai depends on a close working relationship with the state legislature; and, WHEREAS, this initiative would seriously disrupt that relationship, to the detriment of all Alaskans; and, WHEREAS, this initiative would seriously infringe upon the citizens' right to communicate with their elected officials; and, WHEREAS, holders of state or local government contracts of over $500 a year would be prohibited from making political contributions, as well as would their family members; and, WHEREAS, if your sister's husband sells office supplies to any local government, (a purchase order can be construed as a contract), you and the rest of your family will be prohibited from taking part in individual campaigns initiatives and ballot propositions; and, WHEREAS, non profits who receive local or state funds or grants would fmd their board members and their immediate family could no longer take part in government issues; and, WHEREAS, this bill will bring government in the State of Alaska to a virtual stop; and, Resolution No. 2010 -23 Page 2 WHEREAS, Alaska's recent corruption issues did not involve the campaign finance structure and this initiative would NOT have prohibited legislators from taking cash bribes; and, WHEREAS, the term "anti- corruption" is a very misleading term used by the proponents of the initiative, as in reality it is a basic attack on our Constitutional rights of free speech and our right to petition our government for redress; and, WHEREAS, this initiative has been submitted and funded by a man from New York City who has also filed this initiative in at least three other states; and, WHEREAS, this initiative has passed in only one of those states (Colorado) three years ago and was just recently struck down as unconstitutional. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI. the City of Kenai stands opposed to the "Initiative Creating an Alaska Anti- Corruption Act. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April 2010. ATTEST: Carol L. Freas, City Clerk -38- PAT PORTER, MAYOR RYAN MARQUIS (907) 283 -7405 Ph. (907) 398 -8058 Cell cyan inarauisforkenai.coin To: Mayor Porter, Council Members Boyle, Eldridge, Molloy, Moore, Smalley From: Council Member Ryan Marqui Date: 4 -01 -2010 Subject: Resolution No. 2010 -23: ARESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING "AN INITIATIVE CREATING AN ALASKAANTI- CORRUPTION ACT" WHICH WILL BE ON THE 2010 ALASKA PRIMARY ELECTION BALLOT I'm respectfully requesting your support on this reso this unconstitutional and misleading initiative that strikes a our right to free speech. -39- 0 ion to oppose very heart of I fear that this initiative may solicit significant voter approval based on it being dubbed "Anti- Corruption It is my belief that the crafter of this initiative was being intentionally deceiving, in an effort to secure passage. One example of the negative impacts passage of this proposition would have is that it would take the voice away from our community's small business owners. For example, if a local business sold anything to a government and received more than $500, they, as well as their family members, would then be prohibited by law from making any political contributions. If, say a local seamstress repaired a theatre curtain at one of our schools and was compensated more than $500, that seamstress is no longer allowed to contribute to political campaigns and this ban extends to their families. This is just the tip of the iceberg of the harm that this proposition could cause our citizens, local businesses, and local governments. The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 I1. SUMMARY OF THE PROPOSED BILL December 18, 2007 Re: Review of 07ANCO Initiative Application A.G. file no: 663 -08 -0057 Dear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled "An Initiative Creating An Alaska Anti- Corruption Act." We find no legal problems with the bill that warrant denial of certification and so we recommend that you certify the application. The bill is comprised of two sections with the stated objective of reducing the appearance of corruption in government. Section 1 is essentially a prohibition on use of public funds for electioneering, repeating the prohibition against the use of public funds in candidate campaigns that appears in AS 15.13.145, and adding a prohibition against the use of public funds to advocate in ballot measure campaigns. The section also supplements penalties for violating prohibitions against government spending in campaigns. Section 2 prohibits contractors on public works construction projects from making contributions to candidates. It also provides for civil and criminal penalties for violations. Section 1 prohibits the use of tax revenues or public resources for campaign, lobbying or partisan purposes. The law now permits the use of public funds in a ballot measure campaign if the legislature or local legislative body appropriates funds for that purpose but prohibits public spending in candidate campaigns. See AS 15.13.145. Section I would prohibit any advocacy in a campaign without regard to legislative authorization. This section prohibits the acceptance of contributions of public funds, duplicating a similar provision in AS 15.13.072, which prohibits the solicitation or -40- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 2 acceptance of unlawful contributions. Section 1 also prohibits the use of public funds to lobby. Current law exempts state public officials from the definition of "lobbyist" in recognition of the need for executive and legislative branches to confer on legislation and budget issues. The prohibition probably was not intended to cover this conferral but, instead, was directed at spending for a professional lobbyist. This section provides that a violation of the section is a class A misdemeanor, duplicating AS 15.56.012, which makes a knowing violation of AS 15.13 a class A misdemeanor, and provides the additional remedy of restitution. It also provides that, if a person violates this section more than once, that person is barred from holding public office or employment with the state or any political subdivision for 10 years. There is no administrative remedy or procedure provided in the section, although current law provides an administrative procedure for conduct that already is a violation under AS 15.13. AS 15.13 380. Subsection (C) of section 1 provides that section I does not apply to communications between a legislator and legislative staff or public officer, communications by an elected official with constituents, appearances by a public officer or employee before a public body to provide information, a public employee acting in a personal capacity, or certain public employees who assess the impact of proposals that affect the administration of government. Because communications are not prohibited in the section, it is unclear what subsection (C) means except to ensure that the prohibition against public spending for lobbying is not interpreted to prohibit communication by public officials with legislators and their staff. Subsection (D) of section 1 contains definitions. The definitions are quite broad. For instance, the "use of tax revenues or any other public resources" is defined such that use of funds prohibition against the use ui such iucius ru campaign, lobbying or partisan purposes encompasses uses of public funds in support of or in opposition to legislation or ballot measures. It would also prohibit incurring any expense for public employee paycheck designations for donations to an organization that engages in lobbying activities, unless such organization is a qualified 501(c)(3) entity under the Internal Revenue Code. This prohibition would need to be reconciled with AS 23.40.220, which requires a public employer, including the state, to deduct from payroll the monthly dues and other fees and pay them to a union when authorized by a. public employee. The definitions section also contains an applicability section extending the applicability of the section to all state and local government in Alaska, as well as their officers, agents and employees. Section 2 contains a number of prohibitions designed to eliminate the involvement in campaigns of persons who contract with a government entity. Subsection (A) prohibits a person from entering into a government contract if the person employs a current or -41- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 3 former legislator or legislative staff person who is less than two years removed from that position. Violation of this provision is a class A misdemeanor. Additionally, the contract may be forfeited and any amounts paid under the contract returned as restitution. The provision makes an exception for legislators and legislative staff that engaged or were certified in the profession or occupation "within one year" prior to becoming a legislator or legislative staff person. The section does not provide procedures for certification. Because it also fails to authorize regulations, it is unclear how the state would implement the certification provision. Subsection (B) prohibits a legislator, candidate, or public official from soliciting or accepting a. campaign contribution from a holder of a government contract. Violation of this provision is a class A misdemeanor. Amounts received in violation of this section must be returned as restitution to the contributor and an equal amount paid as restitution to the state. Repeat violators are barred from holding public office or employment with the state or any political subdivision for two years. Subsection (C) provides that a person holding "no -bid" government contracts is a "holder of a government contract" (likely meaning that a legislator, candidate, or public official may not receive contributions from them under subsection (B)). Persons holding no -bid government contracts also are contractually bound to stop making or soliciting contributions and to stop making independent expenditures (a term used and defined in AS 15.13) to elect or defeat candidates during the term of the contract and for two years after it terminates. Because the prohibitions appear limited to holders of "no-bid" contracts, presumably, other persons who became public contractors after participation in a bidding procedure, can make contributions and independent expenditures regarding candidates for tes office. The provision requires double restitution for violations. p.. ublic of tce. Repeat violators are barred from holding public office, entering into a contract, or employment with the state or any political subdivision for a period of three years. Subsection (D) provides that subsection (C) may be enforced in superior court by anyone, and that such person is immune from any legal action for so doing. Subsection (E) contains the definitions for section 2. Like the definitions for section 1., they are broad. For instance, the definition of "government contract" also includes a collective bargaining agreement with a labor organization. "Holder" of a government contract includes any person that has a five percent interest in a party to the contract. The definitions section also contains an applicability section extending the applicability of the section to all state and local government in Alaska, as well as their officers, agents and employees. -42- Hon. Sean R. Parnell December 18. 2007 A.G. file no: 663 -08 -0057 Page 4 Subsection (H) requires the State of Alaska to publish a summary of all government contracts on its website. The summery must contain details of the contract, including the parties, the term, and estimated amount to be paid. Section 3 provides that if there is existing law that is less protective than this bill, the provisions of the bill will apply. Section 4 is a severabiiity provision similar to AS 01.10.030. III. ANALYSIS Under AS 15.45.070, the lieutenant governor is required to review an application for a proposed initiative and either "certify it or notify the initiative committee of the grounds for denial" within 60 days of receipt. The grounds for denial of an application are that (I) the proposed bill is not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. AS 15.45.080. We discuss these next. A. FORM OF THE PROPOSED BILL The form of a proposed initiative bill is prescribed by AS 15.45.040, which requires that (1) the bill be confined to one subject; (2) the subject be expressed in the title; (3) the enacting clause state, `Be it enacted by the People of the State of Alaska' and (4) the bill not include prohibited subjects. The prohibited subjects dedication of revenue, appropriations, the creation of COUJIS or the definition of theirjurisdictioi, rules of court, and local or special legislation are listed in AS 15.45.010 and in article XI, section 7, of the Alaska Constitution. The bill satisfies each of these four requirements. With respect to the requirement that the bill be confined to one subject, we note that the bill proposes restrictions on use of public funds for electioneering, as well as restrictions on participation in campaigns and lobbying by persons with interests in certain government contracts. While these are potentially different subjects, the overall objective of the bill is to reduce corruption in government, and both sets of restrictions are calculated to implement such purpose. We have recently considered the single subject rule in the initiative context, and noted the many cases in which the Alaska Supreme Court has adopted a lenient threshold for determining whether the single subject rule is satisfied. See 2007 Op. Att'y Gen. 10 -12 (July 18; 663 -07- 0191). We think that the unifying theme in 07ANCO is government ethics and that all the sections in the bill fairly relate to this subject. -43- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 5 With respect to the remaining requirements, the subject of the bill is alluded to in the title "creating an Alaska anti corruption act The enacting clause is set out correctly. The bill does not contain any of the prohibited subjects. While we recommend the initiative be certified, we do note some legal issues with the bill. We raise these issues here. Subsections 2(B) and (C) of the bill impose a ban on certain political contributions by holders of government contracts. As we have previously observed, the J.S. Supreme Court is vigilant with respect to protecting First Amendment rights in the campaign finance context. 2007 Op. Att'y Gen. 1 -2, (Aug. 8; 663 -07- 0191.). Although the Alaska Supreme Court has upheld a number of contribution bans in State v. Alaska Civil Liberties Union, 978 P.2d 597, 607 -633 (Alaska 1999), the bans proposed here (particularly with regard to the bans on campaign spending by persons holding small public contracts) are quite broad and may not pass muster. We are particularly concerned about the prohibitions on campaign expenditures (defined in AS 15.13), which the courts have been extremely careful to protect. Although the constitutionality of this bill's ban on political contributions by holders of government contracts could be challenged at some point, courts in Alaska will not entertain such challenges until after the measure has been enacted by the people. See Alaskans for Efficient Government, Inc. v. State, 153 P.3d 296, 298 (Alaska 2007) (constitutional issues not identified as prohibited subjects may only be considered after initiative becomes law). We also note that section 1 prohibits the use of public funds for on a ballot measure campaign. As a constitutional matter, the legislature may appropriate money for any public purpose. Alaska Cont. art. IX, W While 6. 3Juuc our courts have not ruled on whether an appropriation for such purposes is for a public purpose, the courts have adopted a fairly broad test. See DeArmond v. Alaska State Dev. Corp., 376 P.2d 717, 721 (Alaska 1962) (public purpose is what legislature says it is unless arbitrary and without basis in fact). Thus, it is conceivable that if this ballot measure were enacted, the legislature could, consistent with the constitution, appropriate funds in violation of this provision. We doubt that the courts would enforce against the legislature a statute that restricts the constitutional power of appropriation. Acceptance of such appropriated funds, however, could expose the recipient to criminal and civil sanctions. We also note in this regard, that the Alaska Constitution prohibits an initiative from repealing an appropriation. Alaska Const. art. XI. 7. This measure does not repeal an existing appropriation —it merely seeks to prevent the legislature from using its appropriation power for certain purposes in the future. Thus, we do not think that this provision violates the restriction against initiatives repealing an appropriation. And, as just noted, we doubt that such provision would be enforceable against the legislature. -44- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 6 B. THE FORM OF THE APPLICATION The form of an initiative application is prescribed in AS 15.45.030, which provides: The application must include the (1) proposed bill; (2) printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the proposed bill attached: and (3) designation of an initiative committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the initiative; the designation must include the name, mailing address, and signature of each committee member. AS 15.45.030. The application meets the first and third requirements as well as the latter portion of the second requirement regarding the statement on the signature page. With respect to the first clause of the second requirement, the Division of Elections within your office determines whether the application contains the signatures and addresses of not less than 100 qualified voters. C. NUMBER OF QUALIFIED SPONSORS The Division of Elections within your office will determine whether there are a sufficient number of qualified sponsors. IV. PROPOSED BALLOT AND PETITION SUMMARY We have prepared the following ballot -ready petition summary and title for your consideration: -45- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 7 INITIATIVE PROHIBITING PUBLIC FUNDS FOR ELECTION CAMPAIGNS; ALSO PROHIBITING CAMPAIGN CONTRIBUTIONS BY HOLDERS OF GOVERNMENT CONTRACTS This summary has a Flesch test score of 57.1. We believe that the summary meets the readability standards of AS 15.60.005. V. CONCLUSION MAB /rca This bill would ban the use of public funds for political campaigns and lobbying Funds could not be used to support or oppose a ballot measure. The bill would limit political involvement in government contracts. It would ban political contributions by holders of government contracts. it would ban legislators and their staff from being employed by holders of government contracts for two years after leaving state service. The bill has criminal and civil penalties. Should this initiative become law? For the above reasons, we find that the proposed bill is in the proper form, and therefore recommend that you certify this initiative application. Please contact me if we can be of further assistance to you on this matter. cc: Whitney Brewster Director of Division of Elections Office of the Lieutenant Governor Sincerely, TAUS J. COLBERG ATTORNEY GENERAL By: -46- Michael A. Barnhill Senior Assistant Attorney General AN INITL&TIVE CREATING AN ALASKA ANTI- CORRUPTION ACT. BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA: Section (1) The laws of Alaska are amended to create a section to read as follows: Public resources from any source not to be used or received to further any political agenda (A) No public body, public officer, person in the employ of the state, any of its political subdivisions, any school district, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly, engages in lobbying, campaigns, or partisan activity. No candidate, political committee. or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class A misdemeanor. (B) Any person who knowingly spends or receives funds in violation of this section shall pay full restitution for the greater of the public cost or for the market value of any misappropriated resources. The second or subsequent violation by a public officer or employee shall render that person ineligible to hold public office or employment with the state or any of its political subdivisions for ten years. (C) The provisions of this section do not limit public officials in the performance of their constitutional duties, and do not apply to: (1) Communications among and between a member and a staff member of a legislative body; (2) Comments by an elected official or communications from an elected official that are designated for constituents; (3) Appearances by a public officer or employee pursuant to a specific request to appear before a public body to provide information; (4) Communications between an elected or appointed public officer and a legislator or a legislative staff member; (5)A public employee acting in an uncompensated personal capacity, undirected in any manner by, and who does not purport to represent the interests of, a public employer, and Page 1 of 5 -47- (6) An authorized employee of the office of the Governor, the Supreme Court, or the Alaska Department of Revenue, whose responsibilities are to assess the impact of proposals which affect the administration of govemment. (D) Definitions. Terms as used in this section mean: (1) "Direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes includes (i) the use of public funds or credit, facilities, rights of access, equipment, supplies, or trademarks to influence any state, municipal, or school board election; (ii) undertaking, promoting, or distributing studies, surveys, analyses, descriptions, or other communications using public resources in a manner specifically calculated to induce support of, or opposition to, proposed legislation or ballot questions; and (iii) incurring any public administrative expenses or activities to allocate or designate portions of public employee income to entities that engage in lobbying activities, other than charitable organizations qualified as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any other future tax code. (2) "Campaign," includes (i) communications or expenditures related to the pursuit of a public office, either electoral or appointive; (ii) all lobbying activity; or (iii) efforts paid in whole or in part by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with members of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive or ballot question. (3) `Lobbying," means attempts to directly influence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation. (4) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. (5) "Public officer or person in the employ of," includes any person who is elected, appointed, or employed by this state, or any political subdivision or school district in this state, including persons who are independent contractors or consultants hired by the state, a political subdivision, or school district in this state. (E) This section applies to the State of Alaska, home rule and general law municipalities, and state, independent and municipal school districts, and State, municipal and school district officers, agents, and employees. Section (2) The laws of Alaska are amended to create a section to read as follows: Restrictions to reduce corruption relating to certain public contracts. (A) No person may enter into a government contract if such person also employs, hires, or retains the services of a current or former legislator or legislative staff member who is less than two years removed from such public position. A person who knowingly violates Page 2 of 5 -48- this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, forfeit any contractual rights to any payment or reimbursement, and shall make restitution to the state in the amount of funds accrued during the period of violation. This subsection shall not apply to a bona fide position, trade, occupation, or profession in which a person engaged or obtained certification within one year prior to becoming a legislator or legislative staff member. (B) Beginning on the date a government contract is awarded and extending until two years following the conclusion of that contract, no holder of the public office with ultimate responsibility for the award of the contract, no candidate for that office, and no person acting on behalf of either may knowingly solicit, accept, or direct a contribution from the holder of the government contract or an immediate family member of the holder. No candidate or other person may knowingly accept or make a contribution that is solicited or directed in violation of this subsection. A person who knowingly violates this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, make full restitution to the donor and shall pay restitution in a like amount to the state. If the person has previously been convicted of violating this prohibition, the person shall be ineligible to hold public office or employment with the state or any of its political subdivisions for two years, (C) Any person entering into a no -bid government contract awarded by the State or any of its subdivisions shall he considered a holder of a government contract and shall contractually agree to cease making, inducing, or soliciting contributions or independent expenditures, directly or indirectly, through any officer, employee, immediate family member of any officer or employee, vendor, or agent, to or for the benefit of any candidates for any elected office of the state or any of its political subdivisions, or to persons who intend to make such contributions within the state or any of its political subdivisions, for the duration of the contract and two years thereafter. The contractual agreement shall provide that any violation of this provision by the holder of the government contract shall, in addition to other legal consequences, result in forfeiture of any contractual rights to payment under the contract, and in payment of restitution to the state in an amount of not less than twice the amount of the contribution. Any person who knowingly violates this provision, or accepts contributions on behalf of a candidate or other entity in violation of this provision, shall pay restitution to the state in an amount not less than twice amount of the contribution, If the treasurer of any entity subject to such agreement obtains knowledge of a contribution made or accepted in violation thereof by that entity, then liability for the violation shall be also attributable to the treasurer unless the treasurer notifies the State of Alaska about the violation in writing within three business days of learning of such contribution. If a person has previously been determined responsible for violating this section, the person shall be ineligible to hold public office, any contract, or employment with the state or any of its political subdivisions for three years. The governor may temporarily suspend any debarment under this Subsection (C) during a declared state of emergency. (D) A violation of Subsection (C) may be established and enforced by the filing of an action in the Alaska Superior Court. This action may be initiated by the State, any municipality or school district, any private group or entity, or any member of the public. If an action to establish and enforce the provisions of Subsection (C) is filed by a person Page 3 of 5 -49- acting in a private capacity, or any other non governmental group or entity, the claim may be prosecuted by the State or the person or entity initiating the action. Any person, government, group or entity that initiates an action pursuant to the subsection shall be immune from any claim or legal action for doing so: (E) Definitions. Terms as used in this section mean: (1) "Contribution," means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which a charge is ordinarily made and that is made for the purpose of influencing the nomination, election, or selection of a candidate for 'public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question, including payment to another person for the purpose of that person's influencing the nomination, election, or selection of a candidate for public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question. "Contribution" does not include personal services rendered without compensation by individuals volunteering all or part of their time for these purposes. (2) "Government contract," includes any contract awarded by an agency or department of this state or any public body receiving state subsidy or authorized to levy taxes, for the purchase of goods or services for amounts greater than five hundred dollars, indexed for inflation per the Consumer Price Index after the year 2010. A contract for services includes collective bargaining agreements with a labor organization representing employees but not employment contracts with individual employees; (3) "Holder of the government contract," includes any party to the contract, including partners, owners of five percent or more interest, officers, administrators or trustees of any person who is a party to the contract, or, in the case of collective bargaining agreements, the labor organization and any political committees created or controlled by the labor organization; (4) "Holder of the public office with ultimate responsibility for the award of the ccnntract," means any elected official who may award the contract or appoint an official responsible for awarding the contract, or any elected official ofapublic body where the contract is awarded by that public body; (5) "Immediate family member," includes any spouse, child, spouse's child, son daughter -in -law, parent, sibling, grandparent, grandchild, step brother sister, step- parent, parent -in -law, brother -in -law, sister -in -law, aunt, uncle, niece, nephew, guardian, and domestic partner; (6) "No -bid government contracts," includes all government contracts that do not use open, blind competitive bidding processes for procurement. Collective bargaining agreements qualify as no -bid government contracts ifthe contract confers an exclusive representative status to bind all employees to accept the terms and conditions of the contract; (7) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. Page 4 of 5 -50- (F) This section applies to the State of Alaska, home rule and general law municipalities, and state. independent and municipal school districts, and State, municipal and school district officers, agents, and employees. (G) Nothing in this section shall affect the right of the State to suspend. debar, or otherwise sanction government contractors as authorized by Title 36 of the Alaska. Statues and implementing regulations. (1-1) The State of Alaska shall promptly publish a summary of each government contract in a searchable website accessible from a conspicuous place on its official website. Any holder of a government contract shall promptly prepare and deliver to the State of Alaska a true and correct "Government Contract Summary", in digital format as prescribed by the State, which shall: (1) identify the names and addresses of the holders and all other parties to the government contract, (2) briefly describe the nature of the contract, including wether the contract was awarded based on a competitive bidding procedure or was a contract awarded with no bid, and goods involved or services performed, (3) disclose the estimated duration and end date of the contract, (4) disclose the contract's estimated amount, and apportioned sources of payment, and (5) disclose other relevant contract information as specifically required by the State of Alaska, including verbatim copies of all contract documents, to the extent disclosure would not violate federal or other state laws. Section (3) Non Applicability of Less Protective Laws If any provisions of the Alaska Statutes or the Alaska Administrative Code conflict with this Act and are less restrictive or less protective of the public interest than this Act then this Act shall apply. Section (4) Severability The provisions ofthis Act are independent and severable, and if any provision of this Act, or the applicability of any provision to any person or circumstance, shall be found to be invalid. the remainder of this Act shall not he affected and shall be given effect to the fullest extent practicable. Page 5 of 5 -51- me uiy of KENAI. ALASKA TO: FROM: DATE: RE: Clf Mayor and Council Members Carol L. Freas, C Clerk, City of Kenai March 23, 2010 'Village with a Past, Cc with a Futrzre" Kenai Municipal Code, states the following: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMO DUM —52— PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn A liquor license renewal application was submitted by the following business. Amounts are owed as follows: L &M Ventures Inc., d /b /a Little Ski -Mo Drive Inn Borough Sales and Property (Premise) Taxes City Current 2.40.010 Obligations to City: It is deteuuined to be in the public interest that holders of or iira appnt for licenses i by the Alcoholic Beverage Control y i ucw ci a �.�raiu Gi BGa5'd of the State OI Alaska shall have all obligation to the City of Kenai on a satisfactory basis 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 April 19, 2010. Does Council direct a Letter of protest of liquor license renewal be sent to the AIcoholic Beverage Control Board for L&JiM Ventures Inc., d/b /a Little Ski -Mo Drive Inn? April- 19, 2010 Dawn Holland Williams Alcoholic Beverage Control Board State of Alaska, Department of Revenue 5848 E. Tudor Road Anchorage, AK 99507 RE: PROTEST OF LIQUOR LICENSE L&M Ventures, Inc., d/b /a Litti a ve I At its regular meeting of April 7, 2010, the referenced liquor license, The City of Kenai hereby notifies the Alcoholic License Renewal for LA M Ventures, Inc., d/b /a wholly out of the operation of the licensed busines This protest is to protest tic pursuant unpaid The reques Please note protest the C CITY OF KENAI clf cc: ant is being advi he City of Kenai erhittance of sws ht assert Carol L. Frees City Clerk Kenai. Peninsula Borough Clerk KPB Finance Department Applicant -53- .otested the renewal of the above- Control Bard of its protest to the Liquor Ski -Mo Drive Inn for obligations arising ade pursuant to KiviC 2.40.010 an d --.020 which requires the Kenai City Council ications if the applicant is not c ent in obligations to the City of Kenai and 4.21.080(10), and 15 AAC 104.145(b) through (g) which allow protests for ons arising out of the operation of the licensed premises. this protest by copy of this letter sent certified, return receipt withdraw its protest upon payment of the above -noted obligations. above listed obligations does not remove any other grounds for dition to the above listed obligations. TO: Mayor and Council Members FROM: Carol. L. Freas, City Clerk City of Kenai DATE: March 29, 2010 clf the of K NAL ALASKA "l/c°llaye with a Past, Cc t with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM -54- RE: LIQUOR LICENSE RENEWAL WITHDRAWAL OF PROTEST Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreation Site At the March 3, 2010 council meeting, direction was given to send a letter of protest to the Alcoholic Beverage Control Board for the Alaskalanes, Inc, d/b /a Alnskalanes Bowling Center liquor license renewal due to amounts owed to the Kenai. Peninsula Borough and City of Kenai. The Borough also protested the renewal of this liquor license. On March 30, 2010 the Kenai Peninsula Borough withdrew its protest, noting the Borough Finance Department stated the licensee brought their "...tax delinquencies in compliance according to borough polices." In addition, I have been advised by the City of Kenai Finance Department, lease amounts previously owed have been brought current. Does Council approve the withdrawal of its March 3, 2010 protest of the AlaskaIanes, Inc., d/b /a Alaskalanes Bowling Center Iquor license renewal? April 8, 2010 Dawn Holland Williams Alcoholic Beverage Control Board State of Alaska Department of Revenue 5848 East Tudor Road Anchorage, AK 99507 RE: LIQUOR LICENSE RENEWAL— PRO'4 Alaskalanes, Inc., d/b /a Alaskalanes At its regular meet the liquor license upon notification fr Department that tax entered, h4ye been brou Please note remittance,of.: protest the City may assert in a Carol L. Freas City Clerk clf cc: Applicant Kenai Peninsula Borough Clerk Kenai Peninsula Borough Finance Department AL Recreation Site 010, the Kenai City Council withdrew its protest for nes, Inc.,,d /b /a Alaskalanes Bowling Center based eninsula Borough and City of Kenai Finance ayments, for which our protest was ding to Borough and City policies. amounts do not remove any other grounds for he above delinquencies. y questions, please do not hesitate to contact my office. -55- March 31, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 Re: Removal of Objection to Alaskalanes Liquor License #3209 Renewal Dear Ms. Holland Williams: Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the renewal of the liquor license for Alaskalanes Inc. dba Alaskalanes, liquor license #3209. The Kenai Peninsula Borough Finance Department has reviewed its files and Alaskalanes Inc., has brought their tax delinquency in compliance according to borough policies. Sincerely, Johni Blankenship, CMC Borough Clerk c: Applicant City of Kenai KPB Finance Department File C➢.E Ake PENINSULA LA BOROUGi 144 North Blnkiey Street Suldotna, Alaske. 99669 -7520 PHONE: OP 714-2160 FAX: (907) 714-2388 Toll -tree within the Borough: i- 800 -479 -4441, Ext 2130 EMAIL: assemblgclerk .@borough.kenai.ak -us JOFrff- SLANKENJS BOROUGH CLERK —56— April 8, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RENEWALS) Richard D. Mullo r., d/b /a Alaska Chinook Lodge (License #4726) At its regular mee of the liquor licen on unpaid taxes, del If you have any questions, please CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department _Applicant(s) the Kenai. City Council considered the following renewal below and raised no objections to the renewal(s) based tions of the premises to the City. _57_ Lodge /Seasonal (May 1 October 31) ct me at 283 -7535, extension 231. March 23, 2010 Dear Ms. Williams: Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: 4 Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Lodge Seasonal (May 1 October 3.0 Alaska Chinook Lodge (License 4 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1 -800- 478 -4441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, CMC BOROUGH CLERK -58- RECEIVED MAR 25 2010 KENAI CITY CLERK ITEM A: CALL TO ORDER ITEM E: 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval AGENDA KENAI CITY COUNCIL SPECIAL MEETING MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS h.ttp: /www.ci.kenai.ak.us PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. LIQUOR LICENSE TRANSFER Package Store From Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. ITEM C: ADJOURNMENT -59- Pat Porter, Mayor Hal Smalley, Vice Mayor Joe Moore j Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle ITEM A: c ALt. TO ORDER KENAI CITY COUNCIL SPECIAL MEETING MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the special meeting to order at approximately 9:00 a.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 MOTION: Council Member Eldridge MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) B -1. MOTION: LIQUOR LICENSE TRANSFER Package Store From Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal-Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska -60- SPECIAL KENAI CITY COUNCIL MEETING MARCH 13, 2010 PAGE 2 Council Member Smalley MOVED for a letter of non objection be sent to Alcoholic Beverage Control for the liquor license transfer of Wal -Mart Stores, Inc. Council Member Eldridge SECONDED the motion. Clerk Freas reported she had received a copy of the Kenai Peninsula Borough's letter of non objection which was needed to confirm no amounts were owed to the City from either City services or taxes paid to the Borough. She also indicated she would send a copy of the City's non objection letter to the company's attorney, who she had been in contact with, and to the Alcoholic Beverage Control Board (ABC) office immediately following the meeting. The floor was opened for public hearing. Ferdinand Dominic, Store Manager, Wal -Mart Store #4474, 47303 Birch Rim Lane, Kenai, AK Mr. Dominic introduced himself as the store manager for the new Kenai Walmart Store. Dominic thanked all for holding the meeting and explained, the company's legal council neglected to submit the required transfer paperwork and due to the Alcoholic Control Board's (ABC) deadlines, they hoped the special meeting would give them several more days in which to acquire the temporary license in order for the new store to be stocked and ready for the grand opening. VOTE: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM C: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:48 a.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion, Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -61- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 17, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda "All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will he no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 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. 2. 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. 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. 4. 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. Ordinance No. 2469 -2010 Increasing Estimated Revenues and Appropriations by $1.0,000 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. -62- 6. 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). 7 Ordinance No. 2471 -2010 Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund Police Department to Purchase Equipment. 8. Resolution No. 2010 -17 Recognizing the Year 2010 as the 50TH Anniversary of the Incorporation of the City of Kenai. 9. Resolution No. 2010 -18 Authorizing a Budget Transfer Within the Street Lighting Department to Cover Costs in Excess of Budgeted. Amounts. 10. Resolution No. 2010 -19 Approving a Grant in the Amount of $5,000 to the Kenai Watershed Forum ITEM E: MINUTES 1. *Regular Meeting of March 3, 2010, ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2472 -2010 IvIaldng Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central MLxed Use Zones (CMU). 4. *Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. 5. *Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. 6. *Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. 7. *Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. -63- 8. *Ordinance No. 2477-2010 Authorizing a Budget Transfer Within the General F'und and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 9. Action Item Public Utility Easement Requests /City -Owned Properties to Alaska Communication Systems for Purpose of Installing Buried Communication Cables. 10. Discussion Town Hall Meeting Plan Update ITEM II: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3, Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION L Citizens (five minutes) 2. Council EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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, 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 -64- Comment. (Clerk's Note: At its March 3, 20I0 meeting, Council postponed Resolution No, 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT -65- ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING MARCH 17, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak gas 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: Vice Mayor Hal Smalley ;Ryan Marquis Mayor Pat Porter A quorum was present. Joe Moore Bany Eldridge Robert Molloy Mike Boyle Absent was: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following change was requested: ADD AS: Information Item No. 6 3/16/2010 Council Member Molloy memorandum related to request from Student Representative Johnson for financial assistance to attend Civics Conservation Summit. MOTION: Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. -66- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: None. ITEM C: C -I. Mr. Caswell gave a brief update of the progress of designating the Honor and Remember Flag; noted legislation was reintroduced to Congress this session because when first introduced it was on the last day of the session in 2008 and had no chance of process; the flag would honor those fallen soldiers of all wars; House Joint Resolution 53 was introduced in the Alaska Legislature; and, the Kenai Peninsula Borough would have a resolution of support on its April 6, 2010 consent agenda. ITEM ID: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2465 -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: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) David Caswell, Sterling, Director of Honor and Remember of Alaska 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. -67- Smalley Yes 1 Moore Yes j Eldridge Yes Marquis Yes Molloy Yes 1 Boyle I Yes Porter Yes 1 1 Smalle Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 3 *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. D -2. MOTION: 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. Council Member Molloy MOVED to enact Ordinance No. 2466 -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: Absent MOTION PASSED UNANIMOUSLY. D -3. MOTION: Ordinance No. 2467 -2010 Increasing Estimated Revenues and Appropriations by S1,481.45 in the General Fund for Ballistic Vest Reimbursements from the U.S. Department of Justice. Council Member Smalley MOVED for adoption of Ordinance No. 2467 -2010 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. A typographical error was noted in the second "whereas" paragraph where "($50)" should be "(50 -68- Smalley j Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Yes Porter Yes j Smalley Yes Moore I Yes f Eldridge Yes Z Marquis Yes Molloy 1 Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 4 VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. D -4. 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. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2468 -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: Absent MOTION PASSED UNANIMOUSLY. D -5. 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. MOTION: -69- Smalley Yes Moore i Yes Eldridge Yes Marquis Yes Molloy 1 Yes Boyle I Yes Porter Yes I KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 5 Council Member Eldridge MOVED for adoption of Ordinance No. 2469 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public he Laura Forbes, Director of Programs and Exhibits, Kenai Visitors Cultural Bureau Spoke in support of the ordinance and thanked Council for its continued support and promotion of the Visitors Center. Joanna Hollier, 381 Senior Court, #307, Kenai Spoke in support of the ordinance and encouraged Council's support. There being no one else wishing to speak, the public hearing was closed, There were no Council comments VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. D -6. 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). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2070 -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: Smalley Yes Marquis 1 Yes Moore Molloy *Student Representative Johnson: Absent. -70- Yes Eldridge Yes Yes Boyle Yes Smalle Yes Moore Yes Eldridge I Yes Marquis Yes Molloy Yes C Boyle 1 Yes Porter Yes I 1 i KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 6 Porter Yes MOTION PASSED UNANIMOUSLY. D -7. Ordinance No. 2471 -2010 increasing Estimated Revenues and Appropriations by $15,000 in the General Fund Police Department to Purchase Equipment. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2471 -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. It was noted the item was not included in the budget, however, it was important to make the purchase because it was not known whether the City would have the benefit of using the State's equipment again as it had been able to previously. VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. 13-8. Resolution No. 2010 -17 Recognizing the Year 2010 as the 50th Anniversary of the Incorporation of the City of Kenai. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2010 -17 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Marquis noted 2010 would be the 50th anniversary of the incorporation of the City and because he felt it an important event of the City, it should be recognized. -71- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 7 Council Members Marquis and Boyle were commended for their bringing the anniversary to the council's attention. VOTE: Council Member Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Support was also noted for scheduling a work session to discuss celebration event planning, etc. It was also suggested Marquis and Porter make a presentation to the Kenai Historical Society, VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2010 -18 Authorizing a Budget Transfer Within the Street Lighting Department to Cover Costs in Excess of Budgeted Amounts. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2010 -18 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. D -10. Resolution No. 2010 -19 Approving a Grant in the Amount of $5,000 to the Kenai Watershed Forum. MOTION: Council Member Molloy MOVED for approval of Resolution No, 2010 -19. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. -72- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 8 Jim Czarneski, Soldotna Mr. Czarneski noted he worked at the Kenai Watershed Forum and explained the funds would be used to assist the water quality program and monitor sites in Kenai and the area. Council and Administrative comments included support for the resolution and confinning funds had been included in the FY 111 draft budget for this purpose as well. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. agenda. Regular Meeting of March 3, 2010 Approved by consent ITEM F: UNFINISHED BUSINESS None. ITEM 0: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. 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. -73- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 9 G -3. G -5. *Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). Introduced by approval of consent agenda. G -4. *Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. Introduced by approval of consent agenda. *Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. Introduced by approval of consent agenda. G -6. *Ordinance No. 2475 -2010 Increasing Estimated. Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. Introduced by approval of consent agenda. G -7. *Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. Introduced by approval of consent agenda. G -8. *Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. Introduced by approval of consent agenda. G -9. Action Item Public Utility Easement Requests /City -Owned Properties to Alaska. Communication Systems for Purpose of installing Buried Communication Cables. MOTION: -74- Smalley Yes Moore 1 Yes Eldridge Yes Marquis 1 Yes Molloy Yes Boyle Yes Porter Yes Smalley [Yes Moore Yes Eldridge Yes Marquis 1 Yes Molloy Yes Boyle Yes Porter i Yes KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 10 Council Member Molloy MOVED to approve the public utility easements requested for City -owned properties to Alaska Communication Systems for the purpose of installing buried communication cables. Council Member Smalley SECONDED the motion. There were no public comments. Attorney Stearns advised, by Kenai Municipal Code, Council did not need to approve the easements, but to determine whether the property was needed for public purpose. MOTION TO AMEND: Council Member Molloy MOVED to amend the motion to state approval of the easements on the basis the properties were not needed for public purpose. Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. It was noted, the easements would lie within the previous easement and the cables would be underground. VOTE MOTION AS AMENDED: *Student Representative Johnson: Absent MAIN MOTION AS AMENDED PASSED UNANIMOUSLY. G -10. Discussion Town Hall Meeting Plan Update -75- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 11 Council Member Molloy reported on discussions held during the ad hoc committee meetings related to planning of the Town Hall meeting, i e consultant, advertising, notices, venue, format, etc. A brief discussion followed with comments including: As planning for the event progresses, city manager would provide more information related to the format to be used. Request for Council to discuss the content of the event. The information provided in the packet was compiled from four committee meetings and was presented as a draft agenda. The facilitator would provide ideas of how public comment would be taken, whether breaking out into groups would take place to discuss specific items, etc. The Friday portion would be for training staff in preparation of taking public comment during work sessions, etc. related to updating of the Comprehensive Plan Suggestion Planning Zoning Commission members be invited to attend the Friday portion. Suggested format for Saturday would be to take public comment, etc. from 9:00 a.m. to Noon, staff work, then a facilitated work session with Council to assist in developing a resolution. Administration to provide a more final version of the format, etc. at the second April Council meeting. The update process of the Comprehensive Plan will include hiring of a team leader/facilitator with staff being very involved as well. Concern expressed related to funding involved for a town hall meeting, preparation of a resolution (the tabled resolution was to be the beginning point and no discussion of a new resolution), and whether the town hall meeting would have some advantage to the City residents. Comment the town hall meeting would be a process for citizens to participate, they would have ownership in what direction the City would take, and was to bring citizens together and would benefit the City as a whole. Question of whether priority could be given in hearing Kenai citizens at the town hall meeting. Suggestion City residents be heard first. Research would need to be made to know if allowable to allow only Kenai residents to speak. If non- resident comments would be included in the town hall product, then it should be a borough -wide discussion. The format of the meeting would determine who and how comments would be received. Those participating in the town hall meeting would not be a policy making group. However, the input and ideas gathered would be for Council to consider and make a decision with regard to a resolution, etc. No formal action would be taken at either the town hall meeting or the work session, -76- Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes I KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 12 MOTION: Council Member Molloy MOVED the process (training, town hall meeting and work session) take place on May 7 and 8, 2010. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Council Member Boyle reported on the March 11, 2010 meeting, noting presentations included elder abuse and a report related to the Central Peninsula Hospital. H -2. Airport Commission Council Member Moore reported on the March 11, t 1 0 m and n t the had been Y. d t. i O April nl nleeiing date a v`w °ii rescheduled to all tur a presentation from the City Manager. The meeting was rescheduled to April 15 and a work session would be held at 5:30 p.m. H -3. Harbor Commission Council Member Smalley reviewed the March 8, 2010 meeting summary which was included in the packet. 11-4. Library Commission Council Member Marquis reported the next meeting would be held April 6 and Council Member Boyle would attend in his place. H -S. Parks Recreation Commission No meeting. 11-6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the March 10, 2010 meeting and reported the next meeting would be held March 24, 2010. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter noted the March 9, 2010 meeting summary was included in the packet. _77_ KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 13 11-713. Alaska Municipal League Report Council Member Smalley reported on a recent trip to Washington, DC to attend the National Association of Counties (NACo) conference and meetings with the congressional delegation. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled for March 29, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting would be held April 6, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following items: Confirmed with Council not to move forward at that point with a resolution supporting the Honor and Remember Flag. Reported she attended fundraisers for Meals on Wheels and the Library Expansion Project. Reported she and Mayor Micciche would do a joint public service announcement related to the 2010 Census. Reported she introduced the local Kenai Bowling Tournament winners at the Chamber luncheon. BREAK TAKEN: RACK TO OPTER 8:03 P.M. 8:09 P.M. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He had been doing budget work. It was previously discussed to reset the budget calendar, but because of some issues, it would be best not to change it. The bid packets were available for the library expansion project. The bid opening was scheduled for March 31. He would be out of the office March 18 and 19 to attend meetings in Anchorage with representatives of Trans -Canada and Department of Natural Resources. Gave an update on the progress of the well drilling along Bridge Access. J -2. .Attorney Attorney Stearns noted the following: She would also be attending the meetings in Anchorage. Would be on vacation during the next week but would be available by email and phone. J -3. City Clerk No report. -78- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 14 ITEM Kt DISCUSSION K -1. Citizens (five minutes) David Caswell, Sterling Gave an update on State and congressional resolutions with regard to the Honor Remember Flag. Also noted, the Borough would have a resolution in support of the program on its agenda at its April 6, 2010 meeting; the Kenai American Legion and AmVets had passed resolutions in support of the State Legislation; the City would not be required to fly the flag until after Congress passed its legislation; and, if a local government chose to support the program, it would be required to fly the flag on dates designated by Congress. Jon Faulkner, Homer, AK Submitted a letter and briefly discussed concerns with regard to his Kenai Landing operation; possibility of closing; differences of opinion related to remodeling of the facility with regard to building codes and it being a historical property; lack of communication related to rezoning of 40 Acres where they own subsurface rights to oil and gas; and, the shift in policy as it related to historical renovations bringing his company to the decision to freeze its investments and not move forward with the renovations. K -2. Council Boyle Noted the following: Thanked Caswell for his comments. Student Representative Johnson may extend her stay in Juneau to be page on the House floor. Requested a joint work session be arranged between Kenai mayor and managers and those of Soldotna. The purpose of the joint work session would be to discuss issues pertaining to both cities, i.e. sewer, public transportation, etc. Requested $90,000 to be included in the budget for a wind generation project. He would discuss it further during budget hearings. Suggested another study for development of Old Town be performed; establish a commission to move forward with progress of Old Town. Smalley Noted the following items: Thanked Caswell for his comments. Wished all Happy St. Patrick's Day. Attended Meals on Wheels and Library fundraisers. Would support a joint work session with the City of Soldotna and requested the Borough be included. Wind energy legislative bills and grant funding were possibilities for a City wind energy project. -79- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 15 Molloy N oted the following: Supported a joint work session with Soldotna and the Borough. Supported a wind energy project. Commended Finance Director Eubank with regard to use of grant funds related to the library expansion. Appreciation for Kenai Watershed Forum and commended it for assembling 16 interest groups signing a letter related to environmental damage to the Kasilof and Kenai Rivers. Thanked City Manager Koch for his working on a Memorandum of Agreement to address the north beach. Referred to his memorandum (added as Information Item No. 6) requesting financial assistance for Student Representative Johnson for $411.90 related to her traveling to Juneau to participate in the Civics Conservation Su MOTION: Council Member Boyle MOVED to cover the expenses for Maya Johnson related to the Juneau trip. Council Member Marquis SECONDED the motion. Discussion followed with comments including: Reluctance to set precedence for student representatives. Concern paying for the trip could accept liability by the City because student representatives were not elected officials. Suggestion council members divide the cost and make a personal donation. Reimbursement after the fact would not be a liability problem. Support of the motion. Support of a resolution to support the after -the -fact payment of expenses. Support of discussing the matter at the next meeting. It would be appropriate to have a motion to postpone, place the item as a discussion until the next meeting, and schedule it as a discussion item. Council has approved similar expenditures without being an agenda item in the past. Preference to discuss at the next meeting when all costs would be known. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone the matter to the next meeting and Council Member Moore SECONDED the motion. Comment on the motion included: Not supportive of a postponement. -80- Smalley j No Moore I No Eldridge Yes Marquis ''I, No Molloy j No Boyle I No Porter No 1 Smalley Yes Moore j Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 16 Passing the motion to pay for travel expenses, because the City was not sponsoring the travel and only reimbursing costs, there was a very slight basis of liability to the City. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson: Absent MOTION PASSED. VOTE ON MAIN MOTION: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. Attorney `ea guideline Attorney Stearns was requested to prepare a �'IAlUC/3ile t0 C1aIlIy what liability Would be related to reimbursement of costs for student representatives for future reference. Marquis Noted the following: Thanked Caswell for his comments and stated his support of his cause, Supported having a joint work session and including the Borough representatives. He attended the Library fundraiser and found it well attended and fun. Moore Noted the following: Thanked Council for passing Resolution No. 2010 -16 (supporting SB 220 /statewide energy policy) at the March 3 meeting. Requested Council to be provided a list of unbudgeted amounts spent during the fiscal year which increased the appropriated fund balance. Felt a collaborative joint work session a brilliant idea and felt it was a good time to discuss a sustainable borough instead of it only being a City town hall meeting. City Manager Koch stated he would report at the next meeting, but because of where preparation of the FY 1 1 budget was, it would be difficult to fine tune the amounts. -81- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 17 Eldridge Noted the following: Thanked the public who attended the meeting. Thought a joint work session would be a good idea and could be a venue for the communities to work together. Would he out of state from. March 20 to April 6, 2010. It was noted the Soldotna and Kenai mayors had a very good working relationship and the Peninsula city managers met monthly. City Clerk Freas was requested to schedule a joint work session for early Fall in Kenai, EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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, 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 Tine and Rules for Taking P, hlir Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion. to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:05 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and -82- KENAI CITY COUNCIL MEETING MARCH 17, 2010 PAGE 18 shall not affect the outcome of a uote. Advisory votes shall be recorded in the minutes. A student representative may not moue or second items during a council meeting. -83- \ter l KENAI, ALASKA 1. Format /Agenda 2. Protocol For Community Dialogue 3. What is a Sustainable Community "VI Nye with a Past, Gay Si a Fature 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794! Telephone: 907 283 -7535 FAX: 907 283 -3014 ilIIJ' 1992 MEMO: TO: City Council FROM: Rick Koch DATE: April 1, 2010 SUBJECT: Town Hall Meeting A City of Kenai Community Dialogue on "Continuing to Build a Sustainable Community" The purpose of this correspondence is to transmit for your review and action information regarding the above referenced meeting. The attached documents are as follows: These documents, if approved by Council, will be provided to each of the participants at the Town Hall ,meeting. Administration requests that Council approve by motion the attached information and the format to be followed for the Town Hall meeting, and the work session with Council. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. -84- Format/ Agenda PART I: Friday, May 7, 2010 at Challenger Center Lunch provided KEflAI AlASKA A City of Kenai Community Dialogue on "Continuing to Build a Sustainable Community" 9:00 a.m. Councilors City Staff Receive Customized Training in 3:00 p.m. Collaborative Leadership from Drs. Susan and Peter Glaser PART IL Saturday, May 8, 2010 at Challenger Center 8:00 a.m. City staff arrives to test equipment and set -up 9:00 a.m. City staff greets and signs -in mernbers of the public and 9:15 a.m. assigns individual numbers to participants as they arrive, The first 7 participants are given consecutive numbers from 1 to 7. Then the numbers begin again. The goal is to have 7 groups of equal number. Sign -in sheet includes column for residency 9:15 a.m. Opening Welcome Remarks by Mayor Pat Porter 9:20 a.m. Present Key Question: "What policies, initiatives and actions should the City of Kenai support in order to continue building a sustainable community able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents -85- 9:20 a.m. Introduction by City Manager Rick Koch 9:35 a.m. Gives definition: "What is a Sustainable Community" and relates City's past performance as a sustainable community Advises participants of role of elected and appointed officials is that of observer(s) rather than participant(s) and that no vote, discussion or action will be taken by Council at the community dialogue session Introduces Facilitators: Drs. Peter Susan Glaser 9:35 a.m. Introduction by Drs. Peter Susan Glaser 9:45 a.m. Describes the organized and structured process in which each participant has the opportunity to come up with ideas, engage in brainstorm, dialogue and advocate what that person believes regarding the policies, initiatives and actions the City of Kenai should support 9:45 a.m. Participants break -out into small groups with discussions 11:15 a.m. facilitated by trained City staff with the Glasers monitoring and assisting groups. Council Members and Commissioners act as observers. Through this facilitated process, each group identifies and develops 3 -5 prioritized recommendations 11:15 a.m. Re- group, and based on each groups' consensus, each 11:45 a.m. group presents its top 3 -5 recommendations to the meeting audience No effort to determine a consensus will be made at this meeting. 11:45 a.m, Facilitator wrap -up 12:00 (noon) PART III Saturday, May 8, 2010 at Challenger Center 12:00 (noon) Staff prepares a typed list of every groups' -86- PART IV 1:00 p.m. recommendations in ranked order for facilitators and staff to review 1:30 p.m. Facilitators meet with staff to examine lists, identify trends 4:00 p.m. emerging from community dialogue and prepare recommendation(s) to Council in the form of a summary document Staff carefully reviews recorded fist from each of the groups. Copies of the lists will be available to Council and /or members of the public Saturday, May 8, 2010 at City Council Chambers 5:00 p.m, 7:30 p.m. Council Work Session with Facilitators and Staff to review outcomes from Town Hall Meeting to determine what policies, initiatives and actions the City of Kenai should support in order to continue building a sustainable community able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents Council will also consider past public testimony and resolutions previously passed by Council -87- Protocol For Community Dialogue This Town Hall Meeting provides an opportunity to gather qualitative information and data through a focused community dialogue. The reward for this work is dynamic information not just about what people feel but about why people feel the way they do regarding the key question. A community dialogue has the potential to provide accurate and in -depth information, an opportunity for participants to come up with ideas, engage in brainstorm, dialogue and advocate what they believe as well as identify an emerging consensus. The Community Dialogue on "Continuing to Build a Sustainable Community" will complement information received at previous public hearings on related topics. What follows are comments on the general protocol for conducting a successful community dialogue where the format involves a facilitated group process. Facilitators Fundamental to this town hall meeting are individuals who facilitate the discussion and community dialogue. The facilitators will communicate effectively to the group with the goal of presenting a framework in which participants feel comfortable expressing themselves openly, while keeping the discussion and dialogue on track in an organized and structured process. Providing Guidelines Prior to starting the dialogue, Drs. Susan and Peter Glaser will provide guidelines. Generally, they will include the following: only one person talking at a time; no side discussions among participants; no individuals should be put down because of his or her opinion(s); all thoughts and ideas are valued; and there are no wrong or right answers. This town hall meeting is intended to be a community dialogue, not a debate. The Key Question The key question will be the vehicle that drives the meeting, guiding the community dialogue and resulting in related recommendations and ideas for consideration. A copy of the Key Question will be provided to the individual groups to help focus the dialogue. Conducting the Community Dialogue The community dialogue and public participation portion itself under agenda item "Part II" of the format /agenda is scheduled for two hours and follows an organized and structured format. The facilitators will keep the community dialogue on track while allowing it to flow naturally. -88- Recording and Use of Information The format (break -out) of the small group discussions will not allow for recording. It is important that facilitators document discussions. The prioritized recommendations made by each group will be transcribed by City Staff as outlined in "Part III" of the format /agenda. Facilitators will meet with staff to examine lists and identify trends emerging from community dialogue. The information gathered from this town hall meeting will be used to complement the substantial public comment previously received on related questions. Participant quotes and the emerging recommendations resulting from the community dialogue will be presented in a summary document providing recommendations of what policies, initiatives and actions the City of Kenai should support in order to continue building a sustainable community able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents. -89- e with a Past, Cc with a Futare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us What Is a Sustainable Community? The term "sustainable community" is defined by each community, on the basis of its specific interests, needs, and culture. Most sustainable community definitions focus on long -term appmaches to healthy communities, and quality -of -life issues by addressing economic, environmental, and social issues. To stress the importance of addressing and balancing these issues, Pll use the analogy of a three legged stool. The legs of the stool represent economic, social, and environmental components and the seat is sustainability. If any of the three are not strong and mutually supportive, then the stool falls over and sustainability cannot be achieved. Economic issues include good jobs, good wages, stable businesses, appropriate technology development and implementation, business development, etc. If a community does not have a strong economy, then it cannot be healthy and sustainable over the long term. From an environmental standpoint, a community cannot be sustainable over the long te„n if it is degrading its environment or using up finite resources. Environmental concerns include protecting human and environmental health; having healthy ecosystems and habitat; reducing and/or eliminating pollution in water, air, and land; providing green spaces and parks for wildlife, recreation, and other uses. A community must also address social issues. If a community has significant social problems, such as serious crime, then it cannot be healthy and stable over the long term. Furthermore, such a community probably will not be able to address other key community issues, such as environmental problems, because it is so busy dealing with its social problems. Social issues addressed in sustainable community efforts include education, crime, community building, spirituality, recreation, beautification, etc. Social issues are an equally important leg of the sustainability stool. An underlying assumption, regarding sustainable communities, is that addressing economic, environmental, or social issues, without consideration of the their interdependence will often result in negative consequences to another part of the community's health. For example, if a community focuses only on economic issues, the environment usually suffers, and the converse is also true. Only by addressing such issues in an integrated fashion can a healthy community be developed which can thrive for the next 10, 20, 50, and 100 years or more. -90- Carol Freas From: Heidi Chay [heidichay @gmail.com] Sent: Wednesday, April 07, 2010 2:15 PM To: Christine Cunningham; Carol Freas; Council Member Barry Eldridge; Council Member Bob Molloy; Council Member Hal Smalley; Council Member Joe Moore; Council Member Mike Boyle; Council Member Ryan Marquis; Student Rep. Maya Johnson; Mayor Porter; Rick Koch Cc: Susan Glaser; Peter Glaser Subject: Kenai Town Hall Meeting, laying the groundwork Attachments: town hall memo 2010Aprill.pdf Dear Mayor Porter, City Manager Koch and Members of the City Council, I am happy to see that plans are moving forward for a Town Hall meeting on the topic of sustainability. Although I had hoped the City would hire an Alaskan facilitator, Peter and Susan Glaser are clearly experienced professionals, and I look forward to having them involved. I recommend their book, by the way: Be Quiet, Be Heard. Maya Johnson has my copy. In order to maximize the City's investment and produce valuable results, I encourage the Council and City administration to: Finally, I urge you not to lose sight of the fact that the original purpose of the Town Hall meeting was to develop a substitute for Resolution 2009 -68 supporting the goals of the Alaska Coastal Communities Climate Change Compact and the Tri- Borough Commission Report. Thank you for your vision and service to the citizens of Kenai. Sincerely, Heidi Chay envision the Town Hall meeting as a meaningful bridge between honoring the city's founders in this 50th anniversary year and mapping out the city's future through the comprehensive planning process; invite participation from all sectors of the community (students, parents, elders; new comers, city founders, homesteaders, and the native community; people who work in schools, government, private, and non profit sectors; people who live within city limits and those who don't but rely on city services, etc., etc.); and advertise widely and without reservation that this is a City sponsored event. Heidi P. Chay Horizon Mediation Sery ices PO Box 553 Kenai, AK 99611 (907) 283 -9227 (ph/fax) m o 04 O�� m m ni o in m 0 U z W 2 0 Z O LL O 2 Z O N o O Q O ti tf O eft 0 Z W O W co J I Z I0 a C.) Co W m J J rn D O O U 2 -91- J 0 re 4 p- c J U Z 0 U 0 W W Z 2 O O O 0 O co w 0 w O W W Q CC O 2 0 1- 2 0 2 a 1 2 0 0 U 0 cc W 0 0 0 W N Q 0 a. a 2 0) 0 0 Q K W 0 Lu U 2 -92- 0 o 0 0 0 o o o 0 0 M 0) Ill(. (lry Jl KENAI ALASKA CITY OF KENAI ORDINANCE NO. 2478 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $895 IN THE GENERAL FUND FOR 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 (ICAO) Task Force; and, WHEREAS, one Kenai Police Department investigator is scheduled to attend forensic electronic training from April 19 to April 23, 2010 in Anchorage; and, WHEREAS, the ICAC regional director has approved reimbursing the Kenai Police Department for training costs ($895) upon completion of the training; and, WHEREAS, the Police Department is requesting appropriation of $895 to the General Fund, Police Transportation Account to cover the costs of the training. 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 $895 Increase Appropriations: Police Transportation $895 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April 2010. AIIEST: Carol L. Freas, City Clerk r Approved by Finance: 7 -93- PAT PORTER, MAYOR New Tex( Underlined DELETED TEXT BRACKETED] Introduced: April 7, 2010 Adopted: April. 21, 2010 Effective: April 21, 2010 K the a of KENAII MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/15/10 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 is 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. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC training programs. This is the second training course in two months that ICAC has agreed to reimburse the City of Kenai (previous training in March 2010 with $602 in reimbursements to the City of Kenai from ICAC). I am requesting an ordinance appropriating $895 into the General Fund, Police Transportation account for electronic forensic training costs in April of 2010. Upon completion of the Kenai police officer attending the course, ICAC will provide a training reimbursement check to the City of Kenai, 1 11 I' 1992 KENAI ALASKA MEMO: "Kffaye with a Past Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 lipi TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager* DATE: March 15, 2010 SUBJECT: Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition Loroc, LLC (a) Assignment of Lease (b) Security Assignment of Lease The City has received a request for approval of the above referenced agreements. The leased property is shown on the attached map and is the location of the FedEx building. The lease allows for an assignment with the written consent of the City. The City Attomey has reviewed the proposed documents and has no objections. Payments to the City and Borough are in compliance. If Council approves the transfers, consent agreements can be prepared for your signature. cc: LOROC, LLC Attachments 1992 L7A, B1 FBO Subdivision Fed Ex Addition Subject Parcel -96- March 15, 2010 CONSENT TO ASSIGNMENT OF LEASE FOR SECURITY PURPOSES The City of Kenai, Lessor in a lease agreement originally recorded in the Kenai Recording District on July 1, 1980, at Book 158 at Pages 195, covering the following described property: Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition, according to Plat Number 2008 -111, filed in the Kenai Recording District, Third Judicial District, State of Alaska, hereby consents to the assignment of the right, title, and interest of the Lessee in the above referenced lease agreement, as arnended, for security purposes, to First National Bank Alaska, whose address is 11408 Kenai Spur Highway, Kenai, AK 99611 -7799. This Consent to Assignment is given by the City of Kenai without waiving any right or action and without releasing Lorac, LLC, Assignor, fiem any liability or responsibility under the aforementioned Lease. This Consent does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Lessor's consent shall not be construed to imply in any way that the Deed of Trust grants any right to collect the rent payable to Lessor under the lease agreement. Dated this day of 2010. Consent to Assignment of Lease for Security Purposes Page 1 of 2 -97- STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss CITY OF KENAI By: Rick R. Koch City Manager THIS 1S TO CERTIFY that on this day of 2010, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Consent to Assignment of Lease for Security Purposes Page 2 of 2 Notary Public for Alaska My Commission Expires: -98- ASSIGNIVIENT OF LEASE FOR SECURITY PURPOSES Loroc, LLC, an Alaska Limited Liability Company, whose address is 335 Main Street Loop, Kenai, AK 99611, hereinafter called "Assignor assigns and transfers to First National Bank Alaska, whose address is Corporate Headquarters, 101 West 36 Avenue, Suite 333, P.O. Box 100720, Anchorage, AK 99510 -0720, hereinafter called "Assignee", all of its right, title and interest under the lease agreement dated June 19, 1980, as amended, between City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611 as Lessor and Assignor as Lessee, which covers the following described real property: Lot 7A, Block 1, FRO Subdivision, Fed Ex Addition, according to Plat Number 2008 -111, filed in the Kenai Recording District, Third Judicial District, State of Alaska This Assignment is executed as security for repayment of plus interest evidenced by a. promissory note in said amount of even date herewith executed by Assignor in favor of Assignee. As further security, Assignor concurrently with execution of this Assignment has executed a deed of trust covering the above described property, and hereby incorporates in this Assignment by reference all of the default provisions provided in said deed of trust and authorizes Assignee in the event of default. by Assignor under the promissory note, deed of trust Assignment of Lease for Seearity Purposes Page 1 of 3 -99- or this Assignment to foreclose the security covered thereby. Assignor agrees to execute any further documents necessary or appropriate to effectuate the purposes of this Assignment. DATED this day of 2010. ASSIGNOR: ATTEST: Name Title Assignment of Lease for Security Purposes Page 2 of 3 By: Loroc, LLC Its: ASSIGNEE: By: First National Bank Alaska its: -100- STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. STATE OF ALASKA THIRD NDICIAL DISTRICT )ss Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of 2010, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Assignment of Lease for Security Purposes Page 3 of 3 Notary Public for Alaska My Commission Expires: -101- �g� \■®#�rpeu'yl KENAI, ALA MEMO: ((aye with a Past, a with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: March 15, 2010 SUBJECT: Kenai Golf Course Amendments to Leases Rate Changes Attached is a letter from the lessee of the Municipal Golf Course, Gordon Griffin, proposing a rate change. He indicates that recent price increases in energy and other related business expenses make a rate increase necessary. Article III of the leases state that green fees shall be set at the sole option of the Kenai City Council upon petition by the lessee. Attached are Amendments to Leases for Parcel A (front nine holes) and Parcel B (back nine holes) for council approval. The leases expire December 31, 2015. Mr. Griffin provided the attached comparable schedule that shows that the Kenai Golf Course will be competitive with another Southcentral Alaska courses if the proposed rate is approved. The Council last approved a rate increase in March 2007. The green fees would change as follows: 2000 2003 2005 2007 2010 Approved Rates Approved Approved Proposed Weekdays Rates Rates Rates Rates 9 holes $9.00 $10.00 $12.00 $14.00 $15.00 18 holes $18.00 $18.00 $20.00 $24.00 $27.00 Weekends 9 holes 18 holes $11.00 12.00 $14.00 $16.00 $17.00 $22.00 22.00 $24.00 $26.00 $30.00 Griffin Golf Enterprises, L.L.C. is current in payments to the City and Borough. cc: Gordon Griffin Attachments -102- ifro f III� f 1%2 AMENDMENT TO LEASE I. That certain lease between the City of Kenai and RICHARD L MORGAN, subsequently assigned to GRIFFIN GOLF ENTERPRISES, L.L.C., whose address is P.O. Box 1943, Soldotna, Alaska 99669, and dated June 7, 1985, recorded at Book 265, Page 720, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska and referred to as Parcel A: And; Parcel A The unsubdivided remainder of Government Lots 1 and 2, located within the N1/2 N1 /2 Section 3, T5N, R11 W, S.M., containing 71.919 acres, according to Plat No. 97 -105. II. That certain lease between the City of Kenai and RICHARD I. MORGAN, subsequently assigned to Griffin Golf Enterprises, L.L.C., whose address is P.O. Box 1943, Soldotna, Alaska 99669, and dated May 28, 1987, recorded at Book 311, Page 134, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska and referred to as Parcel B: The unsubdivided remainder of Government Lots 3 and 4, located within the N1 /2 N1 /2 Section 3, T5N, R11 W, S.M., containing 47.788 acres, according to Plat No. 97 -105. AMENDMENT TO LEASE PAGE 1 OF 3 Parcel B -103- are hereby amended to reflect the following: That pursuant to Article III of such leases, the Kenai City Council has determined that the green fees shall not exceed Fifteen Dollars ($15.00) per person for nine holes of golf on weekdays, and Seventeen Dollars ($17.00) per person for nine holes of golf on weekends. For eighteen holes of golf, the green fees shall not exceed Twenty -Seven Dollars ($27.00) per person for weekdays and Thirty Dollars ($30.00) for weekends. Approved as to form. krista S. Stearns City Attorney AMENDMENT TO LEASE PAGE 2 OF 3 LESSOR: LESSEE: CITY OF' KENAI By: Ricic R. Koch, City Manager GRIFFIN GOLF ENTERPRISES, L.L C. By: -104- Name and Title STATE OF ALASKA THIRD JUDICIAL DISTRICT STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this day of 2010, (Title) of the Griffin Golf Enterprises, L.L.C., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. )ss R..tum to. City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 AMENDMENT TO LEASE PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of 2010, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: -105- Dear Kenai City Council Members, Kenai Golf Course F.O. Box 289 Kenai, Alaska 99611 During the past couple of years we have been fortunate to be able to hold the line on greens fees at the Kenai Golf Course. For the 2010 golf season I am requesting a modest increase for our nine and eighteen hole rates. This increase is necessary because the costs of doing business and maintaining the course have increased. The price of fuel, fertilizer, labor, and all golf related products continues on increase an a yearly basis. As you can see from the enclosed 2010 prices from Birchridge and Fireweed Meadows Golf Courses, we are very competitive and in line with their 2010 pricing structures. I am very proud that we are able to maintain our price structure because we are an eighteen hole golf course and Birchridge and Fireweed Meadows are nine hole courses. It does cost considerably more to operate an eighteen hole facility in terms of personnel, fertilizer, and other related supplies and equipment. I want to assure you that we will continue to maintain our price structure as low as possible in future years. Your consideration is appreciated. Sincerely, Gordon Griffin Owner, Kenai Golf Course -106- Kenai Golf Course 2009 Daily Greens Fees WEEKDAYS WEEKENDS Mon Fri Saturday, Sunday Except holidays Holidays 9 Holes 18 Holes 9 Holes 18 Holes Single (over 18, Under 65 $14.00 $24.00 $16.00 $26.00 Senior (Ages 65 and older) $13.00 $23.00 $15.00 $25.00 Junior (AGES 8 THRU 18) 9.00 $16.00 $11.00 $19.00 2010 Proposed Daily Greens Fees WEEKDAYS WEEKENDS Mon Fri Saturday, Sunday Except holidays Holidays 9 Holes 18 Holes 9 Holes 18 Holes Single (over 17, Under 65 $15.00 $27.00 $17.00 $30.00 Senior (Ages 65 and older) $13.00 $25.00 $15.00 $27.00 Junior (AGES 8 THRU 17) 10.00 $18.00 $12.00 $22.00 -107- ates littp://www.birchridgegoll.co ra .sh 2010 Rates Adult Green Fees (18yrs 65yrs) Including 6% Sales Tax Weekdays (9 holes) $14.50 Weekdays (18 holes) $28.00 Weekends Holidays (9 holes) 17.00 Weekends Holidays (18 holes) $30.00 New for 20101 Active Military, Veterans of Foreign Wars, and Clergy will receive a 15% discount on Cottage rates, Greens fees and Motorized Cart rates. Also if you are a member of the Anchorage Golf Association or the Valley Golf Association and have a current GHIN card, you are qualified for a 10% discount on Cottage rates, Greens fees and Motorized Cart rates. Horne Junior Green Fees 7yrs and younger or still in H.S.) Including 6% Sales Tax Weekdays (9 holes) 10.00 Weekdays (18 holes) $19.00 Weekends Holidays (9 holes) $12.00 Weekends Holidays (18 holes) $23.00 Course Exec Layout d! r 7— J9 e x F requent Player Cards (Including 6% Sales Tax) S Adults (10 nine hole rounds, weekdays only!) -108- Senior Green Fees (ower65) Including 6% Sales Tax Weekdays (9 holes) $15.00 Weekdays (1.8 holes) $27.00 Weekends Holidays (9 holes) $16.00 Weekends Holidays (18 holes) $30.00 Lounge G Snack Bar Professi Schedule nals o6 wens 1 ofd 2/25/2010 2:48 PM Schedule hap://www.fireweedmeadowsgolicom/Schedule.bunl Weekdays Eighteen Holes Early Bird Special 9 a.m. 12 p.m. $10 Individual $18 525 Senior (02 user) $16 523 Junior (17 under) 58 516 Weekends /Holidays Nine Holes Eighteen 11°)es Individual 520 527 Senior ((i2 over) 518 52.5 Junior /7 under) 51.0 $1.8 Rentals Nine Holes Eighteen Holes Golf Carts 516 522 Pull Carts 54 57 Clubs (inc pull cart) SI5 525 Range Balls Baskets 55 57 Frequent Player Specials Seven Days of Unlimited Play lndividoui Season Pass 5459 Senior Season Pass (62 over) 5399 Junior Season Pass (17 under) 5219 Family Season Pass $749 noledes 17 and iu ;der (link No children) PASSES ARE GOOD FOR 2010 Punch Cards Ten nin e. tulle rounds 5149 Lessons Call for information for private or group lessons. 226 -CLUB to schedule a lesson. 30 minute Lesson $30 Series of six 30 Minute Lessons 5150 7 days a week of golf at -109- Copyright 2008 -2010. Clark. Alf rights reserved, 2 of 2 3/12/2010 12:31 PM ��heuy KENAI ALASKA MEMO: Thank you for your attention in this matter. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 It. Telephone: 907 283 -7535 FAX: 907 283 -3014 i� 1l 1952 TO: City Council FROM: Rick Koch DATE: April 1, 2010 SUBJECT: Kenai Municipal Airport, Bird Hazing Project The purpose of this correspondence is to give you an update on the above referenced project. While it has been difficult to make contact and exchange information with Rebecca Ryan, FlyAway Farms Kennels, we finally have received the lease agreement and handlers manual. Attached is a copy of the lease agreement. The agreement is being reviewed by the City Attorney. While the lease of the dog is $500 per month, or $2,000 for the season, the agreement includes a stipulation that the lessee (City) agrees to pay the lessor (FlyAway Farms Kennels) $10,000 should death or damage occur to the dog during th ter o f the (ea Administration recommends entering into the agreement, but I wanted to make the Council aware of this lease stipulation in advance of the execution of the lease. Both Robert Ruffner Merrill Sikorski have informed the City that funding for the project is forthcoming. Also find attached the current budget as of April 1, 2010. LEASE AGREEMENT KENAI MUNICIPAL AIRPORT Wildlife Control Dog Lease Agreement THIS LEASE AGREEMENT "Agreement is made this day of 2010, by and between REBECCA RYAN, FLYAWAY FARMS KENNELS, Owner, Executive Director, "Lessor 1568 Old State Road, Chadbourn, NC 28431 and the City of Kenai, "Lessee 210 FidaIgo Avenue, Kenai, Alaska 99611 -7794, upon the following terms and conditions: 1. Wildlife Control Dog Leased: Lessor agrees to lease fo lessee the following Wildlife Control Dog: 2. Lease Term: The lease terrn is from 2010, to 2010. (Legal Name of Dog) (Call Name of Dog) (Owner of Dog) (LD. Number of Dog) 3. Lease Rate: For the lease of the Wildlife Control Dog during the term of this Lease, Lessee shall pay to Lessor FIVE HUNDRED DOLLARS 500 per month to be paid as follows: In four equal installments, April 15, May 15, June 15, July 15, 2010. 4. Damage or Death of Wildlife Control Dog During Lease Term Agreed Value: If, during term of the lease, any of the following events occurs: a If the Wildlife Control Dog is physically or mentally damaged in a manner that a dversely impacts I d for_ he ti mi adversely ....pacts the wildlife control dog's ability to perform ni 'at inc same level as existed at the time of delivery; b. The Wildlife Control Dog is lost; c. The Wildlife Control Dog (if female) is allowed to become pregnant; or d.' The Wildlife Control Dog dies by an reason or cause other than natural causes, then, Lessee shall pay to Lessor the total sum of TEN THOUSAND (DOLLARS) ($10,000) "Agreed Value The Agreed Value is, by agreement of the Lessor and Lessee, deemed to be the value of the Wildlife Control Dog. This Agreed -Value shall be paid by Lessee to Lessor regardless of fault or negligence by Lessee in allowing any of the conditions set forth in subparagraphs (a) (d) above. 5. Lessor's Responsibilities: During the lease term, Lessor shall: a. Provide the Wildlife Control Dog to Lessee in good health and with all necessary immunizations /shots (written documentation of exam and shots); b. Spend a minimum of three (3) days or 20 hours of training with Lessee at the commencement of the lease in order to train the Lessee on handling the Wildlife Control Dog. c. Be responsible for the routine and regular veterinary needs of the Wildlife Control Dog such as vaccinations; 6. Lessee's Responsibilities: During the lease term shall: a. Be solely responsible for all food and nutritional requirements. The Wildlife Control Dog shall be fed as designated and approved by Lessor; b. Be solely responsible to provide adequate shelter for the Wildlife Control Dog, including shelter from weather and cold; c. Be solely responsible to provide for all the hydration needs for the Wildlife Control Dog; d, Comply with any local licensing requirements (State or local) for the Wildlife Control Dog; e. Allow Lessor access to the Wildlife Control Dog upon 24 hour notice in order for Lessor to inspect the Wildlife Control Dog and /or the shelter or other accommodations; f. Not allow the Wildlife Control Dog to be used or utilized by any person(s) other than Lessee; g. Not allow the Wildlife Control Dog (if female) to become pregnant; h. Be solely responsible for all veterinary bills associated with the Wildlife Control Dog arising out of any damage caused to the Wildlife Control Dog during the term'bfthe lease; i. Will protect the Wildlife Control Dog from illness, injury or suffering and immediately notify Lessor of any concerns or problems with the Wildlife Control Dog, including, but not limited to, health, behavioral or other problems; I. Return the Wildlife Control Dog at Lessee's expense, to Lesser in good and healthy condition and in substantially the same condition as the beginning of the lease term, normal aging expected; 7. Acceptance by Lessee: During the training period Lessee is deemed to have had a full and fair opportunity to inspect the Wildlife Control Dog and to observe the Wildlife Control Dog's behavior and skills. Lessee may, at any time during the course of the training period cancel or terminate the lease and upon such cancellation, Lessor shall only be entitled to any out -of- pocket expenses incurred by Lessor such as travel, meals and lodging expenses. If the Lessee does not cancel or terminate the lease during the Training Period, Lessee shall be deemed to have accepted the Wildlife Control Dog and shall be responsible to pay to Lessor the full and complete lease rate, regardless of whether Lessee uses the Wildlife Control Dog or returns the Wildlife Control Dog prior to the expiration of the lease term. 112- 8. Indemnification by Lessee To Lessor: Lessee agrees to fully, wholly and completely indemnify Lessor for all monies, costs and expenses (including attorney's fees) resulting from any claims, demands, judgements, suits or other action brought by any third party against Lessor arising out of or related to the Wildlife Control Dog's actions during the term of this lease agreement. 9. Mutual Cancellation: This lease can be cancelled at any time by mutual consent on 14 days written notice. 10. Entire Agreement: This agreement, including the Handler's Manual, constitutes the entire agreement between the parties. No modification or amendment of this agreement is effective unless in writing and signed by both parties, LESSOR: FLYAWAY FARM KENNELS Rebecca Ryan, Owner LESSEE: Rick R. Koch, City Manager -113- STATE OF NORTH CAROLINA STATE OF ALASKA THIRD JUDICIAL DISTRICT Approved as for form: Krista Stearns, City Attorney )ss THIS IS TO CERTIFY that on this day of April 2010, personally appeared before me, Rebecca Ryan, Owner, Flyaway Farm Kennels, personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said company. )ss THIS IS TO CERTIFY that on this day of Apra 2010, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City, Notary Public for Alaska My Commission Expires: -114- Notary Public in and for North Carolina My Commission expires: Notes /Comments In -Kind Contribution, Kenai watershed Forum In -Kind Contribution, ERA Aviation In -Kind Conntribution I In -Kind Contribution, Pfiefer family I r 1 uo!ie!AV V):13 'uo! ;nq!J1uo7 Pu!A 'in -Kind Contribution, City of Kenai paa!nbay 1!!75 gu!pund 1 aims 00 in. roo oob I00'009 VI- 300.00 I 250.00 Available Funding 4/1/10 I oo oos't 5 220.00 1 100'o0s N. in I00'00£ 4/} 00'00T V 00'09£'£ !elo1 2, 00'000'5 I oo'ozz 500.00 oo 5 (00'009 I00'00£ I00'00£ 100 oo 1 00'09£'E Unit Cost I00'OOs 1 00'000'( 00'OZZ III 00'SZT o0•od'c J 00'OST os oarosT J 100'00T I I 250.00 007T fl I b 1 I T v V OZI z T T 08Z ;iun Month I I V3 V3 Aeq AEU Ae0 Ae0 V3 V3 V3 bN Description of Task /Cost Item 1Rental of Dog (ENV o] '7N) Vo0 's Jau!eri toy 2JCPWI I (VN3 o7 DNV) 20 0 1 3 Joule- aie)J!VI I !Lodging for Trainer 1 1 Per Diem far Trainer 1 gwu!er41 poo3 Vaal !Veterinary Examination I (ONV 0 7 VN3) V00 104 arefnV1 ('7'N 01 ONV) goo 104 aae)i!VI I !Personnel Costs (Olivia Pfeifer) a. at to as co iSEC -115- KENAI MUNICIPAL AIRPORT 18 25 12 19 26 April 2010 COUNCIL /COMMISSION MEETING CALENDAR ii!day M d Tuesday Wednesday t Friday uMay Mar 2010 May 2010 S M T W '8 F S S M T W T FS 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 Harbor Commission Meeting, 7p, Council Chambers COUNCIL WORK SESSION BUDGET, 6P, COUNCIL CHAMBERS 13 20 Library Commission Meeting, 7p, Council Chambers COUNCIL WORK SESSION BUDGET, BP, COUNCIL CHAMBERS 7 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 14 21 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS -116- 8 Parks Recreation Commission, 7p, Council Chambers Airport Commission Meeting, ip, Council Chambers Council on Aging Meeting, 4:30p, Senior Center IS Advisory Cemetery Committee NO MEETING SCHEDULED 2 9 16 23 27 28 29 30 17 24 Sunday MOnday TuesdaY INethmscleY nun aY 1 S M I W 21 4 i g s it li If i i li li it ti i IS In Ti Ii :Ili 5 i 25 •Til, 1 IS i s ii ii l' I 121 21 Ti 'i nii if l'5 „i 2 3 4 Library Commission Meeting, 7p, Council Chambers 5 CfTY COUNCIL MEETING, 7IP, COUNCIL CHAMBERS `c 7 sag ir TV afe i *I Wily caind A* r 9 10 Harbor Commission Meeting, 7p, Council Chambers 11 Beautification Committee Meeting, 7p, Council Chambers 12 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 13 airport Commission Meeting, 7g, Council Chambers Council on Aging Meeting, 7p, Senior Center 14 jaame/4-" 15 16 17 18 19 CITY COUNCIL MEETING 7 P, COUNCIL CHAMBERS 20 Advisory Cemetery Committer; NO MEETING SCHEDULED. 21 22 23 24 25 26 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 27 28 mac. e 29 30 31 HOLIDAY/CITY OFFICES CLOSED May 2010 COUNCIL/COMMISSION MEETING CALENDAR -117- Sanday Mond Timsday YNednasday Thu rudi MIRY 1: Library Commission Meeting, 7p, Council Chambers 2 CITY COUNCIL MEETING. 7P, COUNCIL CHAMBERS 7 Harbor Commission Meeting, 7p, Council Chambers 8 9 PLANNING ZONING COMMLCSSON MEETING. 7P, COUNCIL CHAMBERS 10 Airport Commission Meeting, 7p, Council Chambers Cauncll an Aging Meeting, 7p, Senior Center 11 12 I3 14 15 16 CITY COUNCIL MEETING COUNCIL CHAMBERS 18 19 2 0 21 22 23 PLANNING ZONING COMMISStON MEETING, TP, COUNCIL CHAMBERS 24 r� 26 27 28 29 30 II June 2010 COUNCIL /COMMISSION MEETING CALENDAR -118- KW!, LAB MEMO: "Viffaye with a Past, n y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Mayor Patricia Porter, City Councilors FROM: Krista S. Stearns, City Attorne DATE: April 1, 2010 SUBJECT: Court Enforcement of Code Violations /Civil Penalties The City of Kenai, like many other municipalities, has long struggled with code enforcement issues regarding debris, litter, and junk and abandoned vehicles. City ordinances permit the City to impose civil penalties against violators for violation of City codes. The Code also provides authority for the City to issue citations through its public safety department to individuals violating the codes. Although ordinances allowing for the imposition of civil penalties and for issuance of citations have long been on the books, the City has not recently enforced its Code through these more formal processes. This is not to say that the City does not enforce its codes. It does. More often than not, however, City staff has been successful in obtaining some form of voluntary compliance from the property owners before the City takes the step of imposing penalties or requesting that law enforcement issue a citation. Planning and Zoning staff, in particular, expend considerable energy documenting violations and working with property owners and tenants to address violations. In addition, with respect to junk vehicles, the City has a program to assist property owners in removing vehicles at no cost to the property owner, where the property owner consents. In 2009, the Council amended KMC 14.20.260 to clarify enforcement procedures for planning and zoning code violations. (A copy is attached.) By reference, the amendments also provided additional enforcement tools for addressing violations of the City's trash, debris, and junk /abandoned vehicle laws in KMC §§12.20 and 12.25. This has been a useful tool for encouraging compliance in several cases of which I am aware, especially with respect to garbage and debris violations. trati 11 1' 1992 Recently, after unsuccessful efforts to encourage voluntary compliance, administration assessed civil, administrative penalties in two instances. Administration has some discretion in setting the penalty up to $250 per day for each day the violation persists. In both instances, administration set the penalty at $50 per day for each day of violation. No penalty was assessed until administration provided the property owner with realistic deadlines for the owner to remedy the code violations and notified the owner that penalties would be imposed if no action were taken. By the time the City produced any formal order of penalty, the violations had persisted for some time and there had been many communications with the property owner, both formal and informal. As a result of these efforts, in one instance, the violations are now resolved; but, the penalty remains unpaid. In the other, the violations persist. No administrative appeal was filed by either property owner. These matters have now been referred to the Legal Department for evaluation and further action. At this point, all other informal and formal efforts of enforcement have been exhausted. A civil enforcement action will be necessary to continue enforcement in both cases. In the first, a civil action would be in the form of a debt collection case for payment of the penalty. In the latter, the civil action would include both a claim for payment of the penalties assessed, but also for injunctive relief requiring the owner to remove the vehicles or permitting the City to do so. Because this is a relatively new process for the City, before pursuing these matters in court, I wanted you each to be aware of these enforcement efforts and to obtain the further direction of Council. I look forward to discussing the matter with you in more detail. Please let me know if you have any questions. Council.code enforcement memo.040110 -120- 14.20.260 Administration, enforcement, and penalties. (a) Planning and Zoning Administration and Enforcement. The administration and enforcement of the Kenai Zoning Code is a function of the Planner under the supervision of the City Manager. (b) City Planner Functions and Powers. (1) The City Manager may appoint a City Planner and one (1) or more assistants, however denominated. (2) If appointed by the City Manager, the City Planner shall have all functions and may exercise all powers necessary to administer and enforce the zoning code. Assistants to the City Planner may exercise the administration and enforcement functions and powers of the City Planner under the City Planner's supervision. (3) Administration and enforcement functions and powers of the City Planner include, but are not limited to, maintaining records of all zoning text and district changes related to this title. (c) Enforcement Orders. (1) In addition to any other remedy or other method of enforcement available under the Kenai Zoning Code or other provision of the Kenai City Code or other law, the City Manager or the City Planner may order: (A) The discontinuation of a use of land or a structure that is in violation of the Kenai Zoning Code, a regulation or a permit; (B) The abatement or removal of a structure or part of a structure that is in violation of the Kenai Zoning Code, a regulation or a permit; (C) The discontinuation of construction or other activity preparatory to a structure or use of real property that is in violation of the Kenai Zoning Code, a regulation or a permit; (D) The suspension or revocation of a permit under which a violation of the Kenai Zoning Code or regulations is occupied, maintained, constructed or established; (E) The restoration of any structure, vegetation, land, water body or other thing upon the land that is destroyed, da alte or removed in violation of the Kenai Zoning Code, regulations or a permit; (F) Any other action necessary to prevent, abate or discontinue a violation of the Kenai Zoning Code, a regulation or a permit; (G) Correction or abatement of a violation of KMC 12.25.030; (H) Correction or abatement of a violation of KMC 12.20.020- 12.20.050. (2) An enforcement order issued under subsection (c) of this section may be directed to one (1) or more violators. (3) A written enforcement order issued under subsection (c) of this section that is served on a violator personally or by certified mail is immediately appealable to the Board of Adjustment. An appeal must be filed within fifteen (15) days of service of the written enforcement order. Failure to appeal to the Board of Adjustment within fifteen (15) days of service shall constitute a waiver of all rights of appeal from the order. The procedure for appeals is set forth in KMC 14.20.290. (4) During such time that an enforcement order is under appeal, no further use or development contrary' to the order may continue. -121- under subsection (c), the officer who issued the order may terminate the order or issue written confirmation of satisfactory compliance with the order. (6) An enforcement order need not be issued before a prosecution or legal action is commenced with respect to a violation of the Kenai Zoning Code, a regulation or a permit. The pendency of any proceeding regarding an enforcement order issued under subsection (c) of this section does not stay any prosecution or other legal action with respect to the violation that is the subject of the enforcement order. (d) Whenever a written enforcement order is in effect that has not been appealed, or if appealed, remains in effect during an appeal or after all appeals are exhausted, and a violation continues to exist, the City Manager may: (1) Commence proceedings to cause the abatement of the violation; or (2) Assess an administrative fine, not exceeding two hundred fifty dollars ($250.00) per day, for failure to comply with an enforcement order. (e) No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate has been issued by the administrative official in conformity with the provisions of this chapter. The administrative official shall maintain a record of all certificates of zoning compliance and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall he a violation of this chapter and shall be punishable as provided in this section. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing cm the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. However, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative official, after he or she hall have either attached a certificate of zoning compliance or marked the plans as disapproved and attested to the same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. (f) Complaints Regarding Violations. Any person may file a complaint regarding an alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who shall record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. (g) Penalties for Violations, For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation exists, shall be subject to a civil penalty in an amount as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. All remedies provided for herein shall be -122- cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code without a certificate of zoning compliance shall not be deemed or construed to be a. permit for, or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. (Ords. 925, 1240, 2389 -2009) -123- COUNCIL ON AGING MARCH 11, 2010 KENAI SENIOR CENTER 4:30 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY Februar 11, 201.0 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Barbara Waters, The LeeShore Center Services Available to the Community /Violence in the Community ITEM 5: OLD BUSINESS a. Discussion Matching Grant /March 12, 2010 Fundraiser 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 February 17 and March 3, 2010. b. Commission /Committee Appreciation Dinner Invitation ITEM 11: ADJOURNMENT -124- COUNCIL ON AGING MARCH 11, 2010 KENAI SENIOR CENTER 4:30 P.M. CHAIR RON FULLINCK, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Fullinck called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Members present: J. Hollier, E. Jones, V. Aber, V. Geller, B. Osborn, M. Milewski, R Fullinck Members absent: L. Flowers, L. Nelson Staff /Council Liaison present: Senior Center Director R. Craig, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL Member Hollier read the following addition to the agenda: ADD TO: Item 4 -b. Persons Scheduled to Be Heard Rick Ross MOTION: Member Hollier MOVED to approve the agenda with the addition and Member Aber SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY February 11, 2010 MOTION: Member Milewski MOVED to approve the meeting summary of February 11, 2010 and Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Barbara Waters, The LeeShore Center Services Available to the Community /Violence in the Community Ms. Waters reported on abuse in later life, noting approximately 30 percent of the LeeShore Center clients are senior citizens. Waters reported there would be a workshop at the Visitors Center on April 5 9, 2010 on the topic. 4 -b. Rick Ross, Central Peninsula Hospital Board update -125- Mr. Ross reported on the article in the Peninsula Clarion of March 10, 2010 entitled "Too Old for CPH noting discussions would continue on changing the structure of the hospital and the community needed to be proactive in these discussions. ITEM 5: OLD BUSINESS 5 -a. Discussion Matching Grant /March 12, 2010 Fundraiser Senior Center Director Craig reported on the fundraiser and the matching grant program ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Council on Aging Chair None 7 -b. Director Craig reported interest in holding the Senior Olympics in Kenai, and noted she attended the Transportation meeting. 7 -c. Council Liaison Council Member Boyle reported the Council was working on the FY2011 budget. ITEM 8: QUESTIONS COMMENTS None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD Mayor Pat Porter, 310 Rogers Road Invited the Members to attend the Appreciation Dinner on March 25, 2010, ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of February 17 and March 3, 2010. 10 -b. Commission /Committee Appreciation Dinner Invitation ITEM 11: MOTION: ADJOURNMENT Member Osborn MOVED to adjourn and Member Jones SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 6:00 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -126- COUNCIL ON AGING MEETING MARCH 11, 2010 PAGE 2 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY February 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion FY2011 Budget ITEM 6: NEW BUSINESS a. Discussion Schedule Work Session for Airport Capital Improvement Program ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION MARCH 11, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9• PERRnn*S NOT SCHEDULED TO uE REA,R„r ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for February 17 and March 3, 2010. b. Commission /Committee Appreciation Dinner Invitation. c. Airport Manager's Reports January and February 2010. d. Resolution No. 2010 -14 Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. ITEM 11: ADJOURNMENT -127- MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: ADD TO: MOTION: MOTION: ITEM 4: 4 -a. ITEM 5: 5 -a. KENAI AIRPORT COMMISSION MARCH 11, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING AGENDA APPROVAL Commissioner Bielefeld read the following addition: J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, G. Feeken E. Mayer, R. Rogers Airport Manager M. Bondurant, Council Member J. Moore Item 4: Persons Scheduled to Be Heard Mayor Pat Porter Commissioner Bielefeld MOVED to approve the agenda with the addition and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY February 11, 2010 Commissioner Zirul MOVED to approve the meeting summary of February 11, 2010 and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD Mayor Pat Porter, 310 Rogers Road Invited the Commissioners to the Appreciation Dinner on March 25, 2010. OLD BUSINESS Discussion FY2011 Budget -128- City Manager Koch reviewed the FY2011 airport budget included in the packet, noting history of the airport fund and steps taken to turn the budget around. General discussion followed. Commissioner comments included: Thanked Administration for putting monies for the fuel pump upgrade back into the budget. Noted the pumps provide a necessary service. ITEM 6: NEW BUSINESS 6 -a. Discussion Schedule Work Session for Airport Capital Improvement. Program City Manager Koch reviewed capital improvement projects for the airport and the outlay of funds and suggested a work session to discuss phasing these projects. MOTION: Commissioner Bielefeld MOVED to request changing the April 8, 2010 Airport Commission meeting to April 15,2010 and schedule a work session prior to the meeting at 5:30 p.m. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair None 7 -b. Airport Manager Airport Manager Bondurant noted the following: She had not received updated ads from the designer, but would bring them to the next meeting. The Runway Safety Action Team would be here April 26, 2010 at 2:00 p.m. at the Beacon Training Center. Reminded the Commissioners to RSVP to the City Clerk regarding the Appreciation Dinner. There would be a tenant /contractor /engineer meeting on March 16 to discuss the Apron Rehabilitation Project scheduled for summer 2010. Updated the Commissioners on the Air Fair, noting Crowley, Beacon and GCI would again sponsor the event. 2010 Goals and Objectives would be discussed at the next meeting. 7 -c. City Council Liaison Council Member Moore reviewed the action agenda items of the February 17 and March 3, 2010 City Council meetings included in the packet, and noted the special meeting on the WalMart Liquor license. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS -129- AIRPORT COMMISSION MEETING MARCH 11, 2010 PAGE 2 Knackstedt inquired about additional personnel within the airport budget and Bondurant noted she would discuss it with the City Manager and Finance Director. Knackstedt inquired about the bar /lounge concession and Bondurant noted the lessee wanted to allow smoking in the bar and would be attending the April 3, 2010 Council meeting to discuss the issue. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION ITEMS 10 -a. Kenai City Council Meeting Action Agendas for February 17 and March 3, 2010. 10 -b. Commission /Committee Appreciation Dinner Invitation. 10 -c. Airport Manager's Reports January and February 2010. 10 -d. Resolution No. 2010 -14 Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. ITEM 11: MOTION: ADJOURNMENT Commissioner Porter MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:41 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk -130- AIRPORT COMMISSION MEETING MARCH 11, 2010 PAGE 3 AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. January 7, 2010 b. February 18, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Ken Tarbox Natasha Ala Bird Viewing in Kenai b. Kelly Gifford Community Playground ITEM 5: OLD BUSINESS a. Discussion Marathon Park Development ITEM 6: NEW BUSINESS a. Discussion Goals Objectives b. Discussion Park Study c. Discussion Meeting Dates ITEM 7: REPORTS ITEM 11: ADJOURNMENT KENAI PARKS RECREATION COMMISSION APRIL 1, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. a. Commission Chair b. Director c. City Council Liaison -131- PENDING APPROVAL ITEM 8: COMMISSION QUESTIONS COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agenda Items from March 3, 13 and 17, 2010. b. Beautification Committee Meeting Summary of March 9, 2010. KENAI PARKS RECREATION COMMISSION APRIL 1, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Sandahl called the meeting to order at approximately 7:00 p.m. Roll was confirmed as: Commissioners present; Commissioners absent: Staff /Council Liaison Present: ITEM 2: MOTION: A. Hull, D. Sandahl, K. McDonald, G. Oliver, L. Magiera, J. Beeson, and F. Keifer None Parks Recreation Director B. Prates, Public Works Director, W. Ogle and Council Member M. Boyle AGENDA APPROVAL Commissioner Kiefer MOVED for approval of the agenda as presented and Commissioner Beeson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3 -a. January 7, 2010 3 -b. February 18, 2010 MOTION: -132- Commissioner Hull MOVED to approve the January 7, 2010 meeting summary with the addition at Item 6a of "A $5.00 fee increase should be tied to expanding time from a 12 -hour period to a 24 -hour period" and approve the February 18, 2010 meeting summary as presented. Commissioner Beeson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Ken Tarbox Natasha Ala Bird Viewing in Kenai Tarbox and Ala gave a presentation on birding and its economic value to the area; wildlife opportunities; marketing of "specialty birds"; educational value and opportunities of working with local schools; and, how the Kenai Convention and Visitors Bureau would participate. 4 -b. Kelly Gifford Community Playground Gifford noted her interest to develop a large community playground in Kenai; why Kenai. Municipal Park would be a suitable location; and, offered to work with the Kenai Community Foundation to fund the project. ITEM 5: OLD BUSINESS 5 -a. Discussion Marathon Park Development Director Frates referred to City Manager Koch's memorandum related to development of a Marathon Park and noted the three conceptual plans presented by a landscape architect (included in the packet). Rick Koch, City Manager Explained the process and need for a public meeting through the Commission level where further input could be collected and appropriate activities for the proposed park could be addressed (he would be available May 3 through 16, 2010). He noted local groups interested in assisting with the project (Youth Restoration Corps, Rotary Club, etc.) and that $150,000 was included in the draft FY11 budget to cover the Phase I costs. Commission discussion included: Review of the school schedule would take place to help in determining when a work session could be held. in May. Suggestion to add a horseshoe area and sand volleyball court tote list of activities. ITEM 6: NEW BUSINESS 6 -a. Discussion Goals Objectives Frates presented a list of suggested goals and objectives for the next five years (included in the packet) and noted, Beautification Committee goals and objectives were included as well as recreational activities in the Kenai area and an inventory of park assets. Commission comments included: Appreciation for the work and to use the proposed list as a working document and include the discussion on the next meeting agenda. Agreement a turf field should be included in the suggested goals and objectives, Agreement to include high school softball /baseball as an activity. PARKS RECREATION COMMISSION MEETING APRIL 1, 2010 PAGE 2 -133- activity. 6 -b. MOTION: Agreement to include pottery classes at the Kenai Fine Arts Center as an Discussion Park Study Frates noted the park study would be accomplished using in -house resources; part of the study would include an inventory of park assets, acreage and descriptions, maps, etc infot cation could then be compared against National Recreational and Park Association standards; a simple (for ease of person filling it out) survey would be included; and, several ideas were explored on how best to accomplish the sampling, i.e. mailings, website, door to door, etc. Commission recommended a draft list of appropriate questions be included on the next meeting agenda for review and. discussion. 6 -c. Discussion Meeting Dates A brief discussion took place with respect to meeting schedules, i.e. meeting quarterly with summer months off, meeting every other month, etc. It was generally agreed upon meetings were not necessary during summer months. Commissioner Hull MOVED to request the Parks Recreation Commission meeting schedule be changed to meet every other month from August to May. Commissioner Beeson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Commission Chair No report. 7 -b. Director Frates reported the following items: A cooperative agreement between. the City and Alaska Fish Game related to North Beach infrastructure would be before Council for consideration at its April 7, 2010 meeting. Kenai Parks Recreation would be a hosting a Challenger Sports Soccer Camp from August 9 -13, 2010. Summer employment interviews were ongoing. Assistant Hernandez would be attending Rainbird Sprinkler School in Tucson, AZ from April 5 -9, 2010. Frates would be attending Pesticide Training on April 8, 2010. 7 -c. City Council Liaison Council Member Boyle reported 5130,000 was included in the draft FY 11 budget for gym floor replacement. PARKS RECREATION COMMISSION MEETING APRIL 1, 2010 PAGE 3 -134- ITEM 8: COMMISSION QUESTIONS COMMENTS None. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. ITEM 10: INFORMATION 10 -a. City Council Action Agenda Items from March 3, 13 and 17, 2010. 10 -b. Beautification Committee Meeting Summary of March 9, 2010. ITEM 11: ADJOURNMENT MOTION: Commissioner McDonald MOVED to adjourn and Commissioner Magiera SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:10 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk PARKS RECREATION COMMISSION MEETING APRIL 1, 2010 PAGE 4 -135- CALL TO ORDER: a. Roll Call h. Agenda Approval c. Consent Agenda d. "Excused Absences Commissioner Karen Koester *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion.. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will he removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *March 10. 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZI0 -03 —An application for a conditional use permit to operate a retail business from the property known as Lot 12, Block G, Beaver Creek Alaska Subdivision Amended (3521 Tustumena Street). Application submitted by Janes P. Wada, 35182 Huntington Drive, Soldotna, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 24, 2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (2/10/10) b. 2010 Meeting Schedule c. Kenai River Center Project Application RR Kean LLC (Angler Acres) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -136- PENDING APPROVAL ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows. Commissioners present: J. Twait, P. Bryson, K. Rogers, J. Brookman, S. Romain, R. Wells Commissioners absent: K. Koester (excused) Staff/Council Liaison present: City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Romain read the following addition: ADD TO: 5 -a. PZ10 -03 MOTION: CITY OF KENAI PLANNING ZONING COMMISSION CITY COUNCIL CHAMBERS MARCH 24, 2010 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES Corrected Resolution Commissioner Romain MOVED to approve the agenda with the correction and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Co en Agenda MOTION: Commissioner Brockman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Commissioner Karen Koester Approved by consent agenda. -137- *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES March 10, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZIO -03 —An application for a conditional use permit to operate a retail business from the property known as Lot 12, Block G, Beaver Creek Alaska Subdivision Amended (3521 Tustumena Street). Application submitted by James P. Wada, 35182 Huntington Drive, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting Administration recommended approval with the following requirements: 1. Apply for and obtain a commercial building permit. 2. Submit a landscape /site plan that would, meet the requirements for commercial development as prescribed in KMC 14.25. Twait read the rules for public hearing, and opened the meeting to public comment. James Wades, 35182 Huntington Drive, Soldotna Applicant expressed willingness to answer any questions the Commissioners had. Commissioner Romain inquired about the timeframe for construction. Wada stated he planned to start right away. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ10 -03 with staff recommendations and Commissioner Wells SECONDED the motion. There were no Commissioner comments. VOTE: PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 2 -138- Twait YES Bryson YES Rogers 1 YES Brookman YES Koester I EXCUSED Romain YES Wells I YES MOTION PASSED UNANIMOUSLY. Twait noted the appeal process. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action of the March 13, 2010 Special Council meeting regarding the approval of the liquor license transfer for Wal -Mart, and reviewed the action agenda of the March 17, 2010 City Council meeting regarding the $10,000 donation to the renovation of the Russian Orthodox Church and the overview of the town hall meeting. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the March 22, 2010 Borough Planning Commission meeting included in the packet. 9 -e. Administration Kebschull noted the following: Reviewed the memo included in the packet regarding square footage limitations in the Limited Commercial Zone. Commission requested the issue be brought to a future meeting for discussion. Reported the Comprehensive Plan updating would be start after July 1, 2010. A work session was scheduled for April 28, 2010 to review the current Plan implementation plan and changes to the zoning and land use maps. Reported she would not be at the April 14, 2010 Commission meeting and Assistant Nancy Carver would attend in her place. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS Zoning Bulletin (2/10/10) 2010 Meeting Schedule Kenai River Center Project Application RR Kean LLC (Angler Acres) ITEM 12: COMMISSION COMMENTS QUESTIONS Wells Reported he would miss the next three meetings and requested the absences be excused. PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 3 -139- Rogers Reminded the Commission of the March 25, 2010 Commission /Committee Appreciation Dinner Bryson Reported he would miss the April 1.4, 2010 Commission meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner R ^Train MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:42 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MARCH 24, 2010 PAGE 4 -140- Carol Freas From: Tina Baldridge [tina @kenaichamber.orgj Sent: Friday, March 26, 2010 3:45 PM To: snainc @alaska.net; ireese @kpbsd.k12.ak.us; timterri @ptialaska.net; Mayor Porter Cc: Carol Freas; Carol Bannock Subject: KCC Update Good Afternoon fellow Mini -Grant Committee Members, I'm writing to inform you of my resignation from the Executive Director position at the Kenai Chamber of Commerce. My family and I are moving out of state in early April and therefore, f will no longer be able to serve on the City of Kenai Mini -Grant committee. It has been a pleasure working with all of you and I hope our paths will cross again in the future. Please consider my replacement, Carol Bannock as a candidate for the committee. Her email is caroliakenaichamber.org and her phone number is 283 -7989. She has been cc'd on this email for your convenience. Sincerely, Tina Tina Baldridge Executive Director Kenai Chamber of Commerce 402 Overland Avenue Kenai, AK 99611 Phone: 907 -283 -7989 Fax: 907 -283 -7183 www.kenaichamber.org *Connecting Business With Comm unity* 1 -141- n Revised 8/16/06 -142- city of Kenai Mini -Grant Overview/ Procedures Purpose: Together We Can! Provides funding in the form of mini -grants for residents, school programs and organizations to use for projects that will have an immediate, positive, and long lasting effect for their neighborhoods and the City of Kenai. Mini -grants are intended to provide start -up funding for small innovative projects within the City of Kenai. Our goal is for families, neighbors and all members of Kenai to work together to build healthier neighborhoods, help kids succeed in school and improve the quality of life for all residents. Who may apply: Youth, neighborhood groups, organizations, and individuals who have a desire to improve the quality of life in their community. How to apply: Complete a Together We Can! Mini -Grant application. Applications may be submitted for review by September 15, January 15, and May 15 of each year. If September 15, January 15, and May 15 are not regular City workdays, the submittal date shall be extended to the close of business of the next regular City workday. Types of Projects: Only new or expanded projects will be considered. Selection: Grant recipients will be chosen by the Steering Committee, appointed by the Kenai City Council. The Steering Committee will include the Mayor, Kenai Economic Development member, one representative each from Kenai Central High School and the Kenai Chamber of Commerce. Funding: The City of Kenai may provide funds in its annual Legislative Budget for distribution. The maximum grant amount the Committee may award is $500. Grants larger than $500 must be approved by the Kenai City Council. Awards for funding are granted to prior- approved projects only. Project Completion: Upon completion of the project, a report must be filed with the Together We Can! Steering Committee and the report will be submitted to the Kenai City Council explaining how the funds were spent and the outcome of the project. Procedures: Applications are submitted to the City of Kenai Together We Can! Steering Committee for review through the Kenai City Clerk. (Students' applications must be signed /approved by a teacher.) Upon approval of application and execution of Letter of Agreement, 90% of the grant funds will be issued through the Kenai Finance Department. A report will be given to the City Council of awarded projects. A written report must be submitted to the Steering Committee within thirty (30) days of completion of the project. Council will present a proclamation upon receipt of the completed project and financial reports. Awards: Projects most likely to receive funding are those that will benefit the community /neighborhoods the most. This includes projects that create the most visible and lasting change. Revised 8/16/06 -143- REPORT OF THE CITY ATTORNEY 111 IKENAI, ALASKA MEMO: TO: Mayor Patricia Porter, City Councilors FROM: Krista S. Stearns, City Attorney DATE: April 1, 2010 SUBJECT: Smoking Laws KMC 12.40.030. AS 18.35.300. AS 18.35.310 -.320. "Vulaye with a Past, Gi y with a Fisture 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 283 -7535 FAX: 907- 283 -3014 1II IJ� 1992 I have been asked by administration to provide the Council with information regarding the State's regulation of smoking within public buildings. The airport bar concession was recently put out for bid with a condition that smoking would not be permitted in the bar area. Administration expects that the successful bidder may approach the City Council to request changing this requirement. The City does not have a specific ordinance prohibiting smoking in City owned buildings. By management practice, and as a matter of our personnel rules, smoking is not permitted in City work places. The City's ordinances regulating smoking prohibit smoking in some areas; bu.t, as relevant to the airport bar concession, bars are excluded from City's regulation of smoking. Although the City does not specifically prohibit smoking in its buildings by ordinance, state law regulates smoking in buildings owned, leased, or operated by a political subdivision of the State.' This prohibition includes the whole of the City's airport and, specifically, areas leased by the City within the airport including the bar. State law allows an exception to the no- smoking requirement if the owner desires to designate a smoking area. Any designated smoking area must ensure that nonsmokers are not subject to the active by- products of smoking. 3 Based upon the state laws regulating smoking, I have concluded that smoking is not permitted in City -owned buildings. Under state statute, the City could elect to allow a designated smoking area if nonsmokers are not subject to the active by- products of smoking. The City is not required to make this exception. And, it is administration's strong position and recommendation that smoking not be permitted in the airport bar. For your further information, below are excerpts from the state statutes I refer to above. Alaska Statute 18.35.300 states, in part: AS 18.35.300. Places where smoking is regulated. Smoking in any form is a nuisance and a public health hazard and is prohibited in the following vehicles and indoor places, except as allowed under AS 18.35.310: (2) a place of employment, a building or other structure, or portion of them, owned, leased, or operated by the state or a political subdivision of the state, including an office, library, museum, theater, concert hall, convention hall, gymnasium, swimming pool, or other place of entertainment or recreation; And, as regards allowing for a smoking area: AS 18.35.310. Exemptions. (a) The prohibition set out in AS 18.35.300 does not apply to (1) A portion of a place or vehicle that is designated as a smoking section under AS 18.35.320; AS 18.35.310. Designation of smoking sections. (a) A person who designates a smoking section under this section shall make reasonable accommodations to protect the health of the nonsmokers who use the place or vehicle by separation, partition, or ventilation that ensures that nonsmokers in the place or vehicle are not subject to the active by- products of smoke from smokers in the place or vehicle. Councilsmoking law memo to council 040110 -146- INFORMATION ITEMS 1 17 INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 7, 2010 1. 4/7/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. Public Service Announcement No. 10 -052 entitled, Governor Pamell Announces Board Appointments. 4. 2009 Kenai Police Department Annual Report. 5. 3/10/2010, Kenaitze Indian Tribe Early Childhood Center, 100 Books fora Bike Program. 6. 3/26/2010 Peninsula Clarion article entitled, Kasilof Dunes to Get Protection: Fencing Project at River Mouth Modeled after Similar Effort in Kenai. 7. April 6, 2010 Kenai Peninsula Borough Assembly meeting agenda. aY -J U Z O U 0 0 u. irk 0 0 0 0 0 0 ct Z 0 0 0 o la 0 o N 111 J IL{ K a ro CO O W O Z 0 W O w Ill S U U Z cc d U U Z 0 H 0 06 Z O w U o 2 v1 h cc D rz ET. 2 o O 0 w H m uw. o 0 o q o o o 0 La o 0 z w w 0 J 0 0 CO o o Y to O F DO X •r *FS KENAA ma" wean a nor, c49/ mat a razure 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us Budget transfers in Capital Projects in excess of five thousand dollars ($5,000). Project: Kenai Dunes Restoration Transfer From Transfer To Amount Explanation 122 -8098 Construction 122 8095 Engineering $2,800.00 Funds needed for Elevated Walkway Design Sean Parn °Governor P.O. to00° 'ran wss Se 907.265.7450. 907.240.7943` n alaska.gov FOR IMMEDIATE RELEASE No. 10 -052 Governor Parnell Announces Board Appointments March 25, 2010, Juneau, Alaska Governor Sean Parnell today announced his appointments to the Advisory Council on Libraries, Alaska Commission on Postsecondary Education, Alaska Workforce Investment Board, Denali Subsistence Resource Commission and State Historical Records Advisory Board. Advisory Council on Libraries Governor Parnell appointed Nancy L. Bertels, Mary Jo Joiner and Arthur L. Walters, and reappointed Barbara M. Kreher and Kathryn J. Martin- Albright, to the Advisory Council on Libraries. The 12- member council advises the Alaska State Library Administration on the federal Library Services and Technology Act plan for the state, and on the development and evaluation of library services throughout Alaska. Bertels, of Sutton, has been director of the Sutton Public Library since 1983. She previously worked three years in Alaska as a forestry technician for Alaska State Parks and U.S. Forest Service. A graduate of Bartlett High School in Anchorage, Bertels has taken continuing education classes in library science through the University of Alaska Anchorage. She is a member of the American Library Association and the Alaska Library Association. Bertels was nominated by the Alaska Library Association, and appointed to a public librarian seat. Joiner, of Kenai, has been director of the Kenai Community Library since 2006. She previously spent 16 years as director of a public library in West Tisbury, Massachusetts, and three years as head librarian at Georgetown University Medical Center in Washington, D.C. Joiner earned a bachelor's degree in Russian from the University of Chicago, and a master's degree in library science from Simmons College in Boston. She served three terms as president of the Martha's Vineyard Library Association in Massachusetts, and was president of the Alaska Library Association from 2008 -09. Joiner was nominated by the Alaska Library Association and appointed to a seat reserved for the organization's immediate past president. Kreher, of Douglas, has been a librarian in Juneau public elementary and high schools since 1996. She previously worked as a social studies assistant for the state's education department, library assistant to the state Department of Fish and Game, and public school librarian in Oak Harbor, Washington. Kreher received an associate's degree in business administration from Whatcom Community College in Washington, and a bachelor's degree in education from Western Washington University. She was nominated by the Alaska Library Association, and appointed to a seat representing school librarians. -150- Kenai Police Depa ent ANNUAL REPORT Our mission, together with the community of Kenai, is to make our city a place where all people live safely and without fear. -151- TABLE OF CONTENTS Police Department Photo..... 1 Public Safety Employee Roster. Police Employee Biography .3 -5 Police Organization Chart 6 Police Department Annual Report Summary 7 -15 Requests for Police Services 16 Arrest Summary 17 Table of Criminal Offenses and Arrests 18 -21 All Other Service Calls .:22 Communications Department Photo /3 Communications Employee Biography 24 Communications Department Annual Report Summary 2 5 -26 Animal Control Department Annual Report 2' -31 -152- KENAI POLICE DEPARTMENT 2009 Not Shown: Officer Aaron Turnage K9 Chevron; Officer Jay Sjogren 1 -153- PUBLIC SAFETY EMPLOYEE ROSTER (As of 12/31/09) ADMINISTRATION Police Chief Gus Sandahl Lieutenant Kim Wannamaker Admin. Assist. I Kelly Holt Volunteer Coordinator James Clark PATROL Sergeant Ben Langham Sergeant David Ross Officer Trevor Miller Officer Kelly George Officer Jay Sjogren Officer Aaron Tumage Officer Casey Hershberger Officer Levi Russell Officer Alex Douthit Officer Dan Smith Officer Jamms Harris Officer Alex Prins Officer Jim Knott Officer Todd Hamilton INVESTIGATIONS Sergeant Scott McBride Investigator Mitch Langseth Investigator Jeff Whannell COMMUNICATIONS Supervisor Mike Nusbaum Dispatcher Nancy Wiles Dispatcher Greg Beckman Dispatcher Erica Shinn Dispatcher Stacey Day Dispatcher Erin Pealatere Dispatcher Lisa Linegar Dispatcher Danielle Braun ANIMAL CONTROL Chief ACO Brett. Reid ACO Christi Matti ACO -PT Cora Chambers 2 -154- Gus Sandahl Chief of Police 14 yrs of service Bachelor of Science Criminal Justice A FBI National Academy 2006 Kim Wannamaker Lieutenant 20 yrs of service Bachelor of Arts Psychology FBI National Academy 2001 Scott McBride Investigations Sergeant 17 yrs of service Bachelor of Science Biology US Army -4 yrs FBI National Academy 2004 Benjamin Langham Patrol Sergeant 8 yrs of service Bachelor of Arts Sociology David Ross Patrol Sergeant 8 yrs of service Associates Degree Trevor Miller Patrol Officer 11 yrs of service Associates Degree Justice USMC Reserve 9 yrs Kelly George Patrol Officer 11 yrs of service Bachelor of Arts Law Enforcement Police Employee Biography 3 -155- stration Mitchell Langseth Unifoured Investigations /School Resource Officer 18 yrs of service Bachelor of Arts Criminal Justice Patrol Officer 8 yrs of service Bachelor of Science Education Aaron Turnage Patrol Officer 7 yrs of service Associates Degree Administration of Justice Casey Hershherger Patrol Officer 7 yrs of service Bachelor of Science Business Administration Jeffrey Whannell Unifoinied Investigations 16 yrs of service Bachelor of Arts Criminal Justice Levi Russell Patrol Officer I year of service Bachelor of Arts Justice Alex Douthit Patrol Officer 1 year of service Associates of Arts Dan Smith Patrol Officer l year of service Bachelor of Arts Psychology Jayms Harris Patrol Officer lyear of service Associate of Science Business Administration Alex Prins Patrol Officer 1 year of service Jim Knott Patrol Officer 1 year of service 4 -156- Todd Hamilton Patrol Officer 1 year of service Kelly Holt Administrative Assistant Evidence Custodian 7 yrs of service 5 -157- 6 -158- MEMO: 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/22/10 SUBJECT: Annual Report for Police, Communications, Animal Control Enclosed is the Kenai Police Department Annual Report for 2009. The report highlights the activities of the Kenai Police Department, Kenai Communications Center, and Kenai Animal Control. In 2009, police personnel handled 7,626 calls for service. averaging 636 calls per month, with a peak of 870 calls in. July. Calls for service were up from the 7,120 received in 2008. The four returning Seasonal Enforcement Officers greatly helped with handling minor calls for service during June, July, and August. Some of the significant 2009 crime statistics in the City of Kenai are listed below: Non domestic violence assaults were up 26 percent. There was an increase in drug offenses and DUI offenses,, up 13 percent and 14 percent respectively. Domestic violence assaults were down 18 percent. Sex Crimes were down 19 percent, Reported burglaries remained the same at 45 being reported. Police, Communications, and Animal Control all experienced personnel changes, which resulted in large amounts of training time. The training programs were successful, and as a whole, the new employees bring strong work ethics and positive attitudes. The following is a summary of significant department events and activity for 2009: 7 -159- PERSONNEL New Hires: Officer Alex Prins 2.17.09 Officer Todd Hamilton 7.1.09 Officer Jim Knott 7.1.09 Dispatcher Danielle Braun 6 22 09 Dispatcher Lisa Linegar 7.1.09 Dispatcher Erin Pealetere 7.27.09 Animal Control Officer Christi Matti 3.2.09 Animal Control Officer Cora Chambers 7.8.09 Promotion: David Ross to Sergeant 5.9.09 Brett Reid to Chief Animal Control Officer 5.5.09 Separation: Officer Randy Komfield 5.31.09 Dispatcher Lindsay Saclanan 2.12.09 Dispatcher Cheryl Bemowski 6.1.09 Dispatcher Trish Gordon 6.11.09 Chief Animal Control Officer Patricia Stringer 3.20.09 PATROL In 2009, patrol officers spent 44% of their total work time conducting investigations, 22% of their time on patrol, and. 16% of their time in training. The remaining 18% of officer time was divided among court, public relations, and administrative time. In 2009, four new officers attended the Department of Public Safety Training Academy in Sitka, and each of those officers completed approximately 13 weeks of field training in the City of Kenai. During 2009, officers recorded 2,892 traffic contacts, resulting in 1,139 citations, 63 of which were related to motor vehicle crash investigations. Traffic contacts were up 23% from the 2,232 contacts the year prior. CANINE (IC9) PROGRAM Canine Chevron is celebrating his third year with the Kenai Police Department. During the year Chevron and his handler, Officer Aaron Tumage, were involved in several significant cases. The Canine Unit was successful in interdicting methamphetamine that was being shipped into Kenai for distribution and also locating large street level quantities of controlled substances. He played a pivotal role in identifying and arresting five heroin /opiate dealers and locating hidden vehicle compartments used to transport controlled substances into the Kenai area. 8 -160- Chevron was deployed 90 times during 2009. The deployments included drug investigations, felony and misdemeanor suspect tracks, building searches and public relations presentations. He was called upon by surrounding agencies for support several times during the course of the year. Chevron also made several appearances at local schools this year and acted as a liaison between the Kenai Police Department and the students. He was well received and accepted. In 2009, Chevron continued to provide an outstanding element ofpatrol support, while providing instant security for his shift partners. MOTOR VEHICLE CRASHES In 2009, the City of Kenai experienced a 28% decrease in overall crashes. There were 270 crashes reported to the Kenai Police Department, and 135 of those were investigated. The primary cause of investigated crashes was animals in the roadway, which has been the leading cause of crashes since 2004. There were 75 crashes on the Kenai Spur Highway. The City of Kenai experienced the most traffic crashes during winter driving conditions and during the peak of the tourist season, with December having the most crashes (20). The greatest proportion of accidents occurred on Wednesdays between noon and 6 p.m. There were two fatal crashes during 2009. Of the 8 alcohol /drug related crashes in 2009, 6 occurred in June and July. The 8 DUI crashes represented a 39% decrease in alcohol /drug related crashes from 2008. All 8 of the drivers were charged. with Driving Under the Influence and their average breath alcohol content was .176°/x, over 2 times the legal limit. There were 9 crashes that involved uninsured drivers and 6 of those were found to be at fault. Seven drivers involved in crashes were found to have suspended or invalid licenses. The Kenai Police Department, in their commitment to making the roadways safer, participated in several programs sponsored by the Alaska Highway Safety Office. During the enforcement programs, the patrol officers worked 327.5 hours of seatbelt and DUI patrols. In 2009, the Kenai Police Depamilent participated in a DUI prevention traffic grant that provided equipment to better document and prosecute unpaired drivers. In. July, the police department also assigned a patrol officer to the Alaska Bureau of Highway Patrol. Officers made it a priority to patrol those areas and times of day with the most traffic and most crashes. Police volunteer, James Clark, was diligent from April to October with the placing of the departments' two traffic safety trailers. The message trailer is commonly placed near mile 8 (inbound) due to this being the most common section of roadway where motorists frequently speed. The smaller speed trailer is placed along the highway and in neighborhoods (where residents have complained about frequent speeders). 9 -161- OFF ROAD VEHICLE COMPLAINTS In 2009, officers were assigned to patrol /observe areas with high numbers of ATV complaints (specifically V.I.P. subdivision and the North Beach). The four returning, veteran Seasonal Enforcement Officers made ATV enforcement a priority as soon as they started work in June. 2009 had the lowest number of ATV complaints in four years, and we will see if similar extra patrols in 2010 will maintain low numbers of complaints. 2006 89 Total (18 snowmobile, 71 ATV /MC) 2007 77 Total (19 snowmobile, 58 ATV /MC) 2008 86 Total (20 snowmobile, 66 ATV /MC) 2009 71 Total (14 snowmobile, 57 ATV /MC) BEAR INCIDENTS /SIGHTINGS 2008 18 2009 5 Reported bear incidents and sightings dropped significantly from 2008 to 2009. There could be a number of factors that contributed to the decline in reports (i.e. improved trash containers; less attractants left outside; residents in bear areas not calling to report activity as much as previous years; or simply less bears). INVESTIGATIONS The investigations unit at the Kenai Police Department consists of three investigators and a sergeant. One of the three investigators (Mitch Langseth) is a school resource officer during the school year, and a full -time investigator in the summer months. The investigations unit is responsible for major case investigation and management. They take the significant, labor intensive cases and investigate them so patrol officers can spend more time on patrol. One of the investigators is the law enforcement coordinator for Central Peninsula Crime Stoppers, and is responsible for disseminating crime stoppers tips and information to other agencies. He also participates in monthly crime stoppers meetings. The investigations unit has a heavy work Load, and below are the types of cases they helped investigate in 2009: Motor Vehicle Crashes Felony Drug Offenses Thefts from vehicles Vehicle Thefts Assaults Burglaries Sexual Abuse of Minor investigations Sexual Assault investigations Child Pornography 10 -162- JUVENILE CRIME The Kenai Police Department saw an increase in juvenile arrests from 2008 to 2009 (from 84 to 107 respectively, an increase of 21%). The two categories that account for a majority of the increase include larceny and drugs. Larceny arrests increased from 18 in 2008 to 30 in 2009. This is a 40% increase and can he partly attributed to one juvenile case where 5 arrests were made for thefts from vehicles. Thefts also likely increased due to more reporting of thefts at the high school. Drug arrests increased from 8 in 2008 to 13 in 2009. This is a 38% increase and is partly attributed to 5 arrests for illegal possession of prescription medications. The number of juvenile arrests for marijuana possession remained the same, with 7 arrests for each year. SCHOOL RESOURCE OFFICER The Kenai Police Department continued its partnership with Kenai Central High School by assigning Mitch Langseth to his second year as the School Resource Officer. The position includes dedicated time at KCHS for crime prevention, classroom education, intervention, investigation, and student /staff interaction. Officer Langseth is at ICCHS 15 to 20 hours per week and interacts with students and staff daily. Officer Langseth also facilitates the Dare program with the assistance of Officer Douthit, and together they are teaching Dare at the 5th and 7th grade levels. Kenai Elks and Homer Electric Association have donated funding that allows the officers to give away Dare learning incentives (pencils, playground balls, water bottles, graduation t- shirts). Currently, there are Dare classes at Mountain View Elementary, Kenai Middle School, Kaleidoscope, and Aurora Borealis. Officer Langseth continued participating in a Mentorship program of three students at Kenai Middle School. The feedback from staff and students appears positive. Officer Langseth continues to teach classes on Internet Safety, Alcohol, Drivers Licensing, and Decision- Making at several schools locally, including the Kenaitze Tribe youth group. He received training specific to school violence and active shooters in schools, and has offered advice and feedback for emergency lock -down drills at Kaleidoscope and Kenai Middle School. The school year 2009 -2010 is rapidly closing. Officer Langseth is currently preparing for graduation ceremonies for DARE students and mentoring approximately 50 students at KCHS with an alcohol awareness program called "Every 15 Minutes." The program educates teens that every 15 minutes a person is seriously injured or dies in this country from an alcohol related traffic incident. Students are culminating the program the Friday before Promenade with an assembly and local guest speakers in the auditorium with focus on malting good decisions about alcohol and driving. 1 1 -163- TRAINING Training took a dominant role in the Kenai Police Department in 2009. Four new officers spent a combined total of 56 weeks in training at the Department of Public Safety Academy in Sitka. Veteran officers dedicated approximately 42 additional weeks to training the new officers in our field training program. New officers were also sent to training on other essential topics such as Interview Techniques and a Rifle Class. In addition to training new officers on the basic and essential skills of police work, the Kenai Police Department places a great deal of emphasis on ongoing training for all its' officers. It is through all sorts of training that officers maintain a high level of competence in the field and in meeting the needs of the public. Officers attended the following trainings and seminars in 2009: DARE Executive Development Forensic Computer Training School Violence Alaska Strategic Enforcement Plan Sumrn.it Death Homicide Investigation Datamaster Instructor Excel Investigating Use of Force for Field. Supervisors Human Resource Law Street Survival Standardized Field Sobriety Testing Sexual Assault Special Emergency Response Team Sexual Assault Response Team K9 Legal Liability Issues in Schools Precision Rifle Instructor Active Shooter First Aid National Center for Missing and Exploited Children In 2009, KPD officers also spent many hours educating in the schools, in the public, and in other criminal justice agencies throughout the state on topics such as Methamphetamine and Street" Drugs, Internet Safety, Bicycle Safety, DARE and K9. In October 2009, Officer Kelly George served as a Mentor in the Alaska D.A.R.E. Officer Training (D.O.T.) program. He helped train and certify 22 new D.A.R.E. officers. He is one of three officers in Alaska to hold this D.A.R.E. Mentor Instructor status. GRANT FUNDING The Police Depattuient continues to diligently acquire grant funding for traffic safety programs from the Alaska Highway Safety Office. These grants from AHSO provided the department with: New in -car video cameras Breath Test Instructor (Datamaster) training Click it or Ticket/DUI Overtime Patrols 12 -164- Additionally, on July 1, a KPD officer began participation with. the AST Bureau. of Highway Patrol traffic team, whose goals are to make highways safer on the Kenai Peninsula, including the City of Kenai. The City of Kenai is reimbursed by the State of Alaska for the officer's salary and overtime, and many equipment costs. The State of Alaska received grant funding from the Alaska Highway Safety Office to fund the KPD officer position. This has allowed the Kenai Police Department to hire a new officer to fill the position vacated by the BHP officer's absence. The department also received federal grant funding to reimburse the department for ballistic v ests.. and to send an officer to crimes against children training. COMMUNITY SERVICE Officers are involved in many community support groups and serve on several community non- profit boards of directors. These include Cook Inlet Council on Drug and Alcohol Abuse, Kenai Peninsula Youth. Court, Kenai Peninsula Boys and Girls Club, Kenai Peninsula Community Care Center, Kenai Peninsula Youth Facility, Central Peninsula Crime Stoppers, LeeShore Center, Local Emergency Planning Committee, and Alaska Peace Officers Association. Officers continue to actively participate in other community outreach programs/presentations such as: Job Shadow Day, KPC Career Day, Health Fair, Bicycle Rodeos, Youth Mentorship, Internet Safety for Children /Parents, Meth 360, Street Drug Awareness, Halloween Safety, Stranger /Danger talks, Citizen Emergency Response Team and DUI awareness programs such as "Fatal Vision." Several officers volunteer off -duty time to coach and mentor youth through the Boys Girls Club athletics, Police Athletic League, Little League baseball, and winter baseball clinics at Kenai Middle School. Our area church youth groups also receive a considerable amount of officer volunteer support. 2009 GOALS PROGRESS REPORT In the 2008 Annual Report, the following department goals were identified for 2009: Goal I- Ensure that appropriate personnel attend /complete recommended Homeland Security courses, and facilitate at least one significant disaster drill in conjunction with other local emergency responders Result Achieved. Officers and firemen participated in active shooter drills at Kenai Middle School. Personnel attended available Homeland Security courses. Goal 2- Collaborate with other agencies to identify the Central Peninsula's most serious and frequent criminal offenders, and implement strategies to suppress criminal activity in that group. Result Achieved. 13 -165- Goal 3- Decrease the number of traffic crashes and maintain low numbers of crash injuries on Kenai Highways. Result Partially Achieved. The number of reported crashes decreased by 28 however the number of injury crashes increased to 30 from 25; and the number of fatal crashes increased to 2 from 0. Goal 4 Increase the percentage of officer time spent on patrol once most new officers are fully trained and working without trainers. Result Unable to gauge. New officers were in training every month of the year. Goal 5 As a burglary/theft prevention strategy, provide crime prevention education to local businesses. Result Not achieved. The investigators were busy working on cases and were not able to schedule a public presentation for local businesses. However, Inv. Whannell will present this topic at the chamber luncheon in the spring 2010. Goal 6 Maintain low juvenile delinquency rates through positive crime prevention programs in the schools and community. Result Achieved. Although juvenile arrests increased from 2008 to 2009. the number of arrests was still lower than 2007. GOALS FOR2010 1 With 1 yr itll a yGliIlF, department, prioritize trainin nE6uv Anil rirficr that tr•aininr* fn accordingly (whether at KPD or outside). Goal 2 Assess Walmart's impact on traffic and calls for service, and distribute police resources accordingly. Goal 3 Maintain low juvenile delinquency rates through positive crime prevention programs in the schools, and by also helping to facilitate other positive youth activities in the community. Goal 4 Collaborate with ABADE and other law enforcement entities to continue a proactive approach to combat drug trafficking in the area (realizing that drug crimes are linked to other serious crimes). Goal 5 Maintain a strong traffic patrol presence during peak traffic /crash times in an effort to maintain low crash rates. 14 -166- CONCLUSION The year 2009 was a successful year for the Kenai Police Department. The department is dedicated to traffic safety and diligent criminal investigations. We are very pleased with the significant reduction in motor vehicle crashes. Officers made traffic safety a priority during peak traffic times. Although crime statistics were up and down, there were no significant increases in serious criminal offenses. We continue to have strong collaboration between criminal justice agencies in the central peninsula to diligently investigate /suppress serious crimes. We provide crime prevention programs in the schools and the community, through education and athletic programs. The Kenai Police Department continues to have three primary areas of focus: 1. Suppressing criminal activity in our most serious /frequent offenders. 2. Highway safety for our citizens and people traveling through our community. 3. Crime prevention through school programs and other positive activities in our community. Our goals for 2010 reflect these areas of focus, and will keep us on task with providing the very best in public safety services to our City. 15 -167- Kenai Police Department End of Year Report 2009 REQUESTS FOR POLICE SERVICES Requests for police services (increased 7% over 2008, and increased 24% since 1999). onth January 491 February 427 March 413 April 452 May 523 June 530 July 648 August 649 September 554 October 492 November 470 December 507 Total 6156 1000 900 800 700 600 500 400 300 200 100 E3 1999 it 2007 84 2008 812009 IxCJICA te, �cJ�Ca Pe 545 522 547 606 703 706 917 771 612 553 561 539 7582 16 -168- 549 573 545 521 593 573 760 648 589 601 600 568 71.20 ES c3 O4'' ¢Q 2# Odo 4/ 5 590 573 566 623 747 647 870 742 612 589 541 526 7626 Kenai ?once Department End of Year Report 2009 ARREST SUMMARY The following statistical tables represent the number of arrests in each category of crime. Arrests are not always an accurate measure of activity for the following reasons: 1. One arrest can clear multiple offenses. 2. Multiple arrests can clear one crime. 3. Warrants issued for an offense committed in Kenai and served in another jurisdiction are not always counted. Category of Arrest Reports and Arrests 2009 2008 2009 Reports Arrests Reports Atresis Reports Ansts Assault (Non Domestic Violence) Assault (Domestic Violence) 60 54 ",3 69 76 '59 Family Offenses 88 12 52 111 59 7 Sex Offenses 25 13 31 9 35 Arson 0 0 0 1 0 2 Burglary 45 15 45 14 37 Forgery/Fraud 87 31 81 23 92 Robbery 2 3 2 1 Larceny (Non Vehicle related) 316 316 289 89 289 Vehicle Theft 19 7 18 S 24 Drugs 123 11'0 109 84 92 Driving Under the lnfluence 139 314 122 98 156 Traffic Arrests 219 2D8 237 229 244 Warrant Arrests 187 152 173 131 174 Weapons Offenses 21 11 21 11 14 Other Offenses 864 201 745 155 915 Subtotal all fields 2295 3103 2077 '9 2291 Category of Arrest Adult and Suvenile Adult Assault (Non- Domestic Violence) 49 Assault (Domestic Violence) 50 Family Offenses 12 Sex Offenses 9 Arson 0 Burglary 14 Forgery /Fraud 29 Robbery 3 Larceny (Non- Vehicle related) 86 Vehicle Theft 6 Drugs 97 Driving Under the Influence 113 Traffic Arrests 202 Warrant Arrests 150 Weapons Offenses 11 Other Offenses 165 Subtotal all fields 996 17 -169- 7 2008 Adult Juvenile 64 10 6 0 11 22 0 71 5 76 97 224 131. 11 119 886 4 241 124 2 7 2007 Adult live* 42 56 7 0 5 30 0 60 6 60 126 227 124 9 I43 902 Assault (Non-DV) Assault hands/fist/feet, agg injury Assault an an officer w/t a firearrr, Assault an an officer w/t a knife Assault on an officer, other weapon Assault on an officer, Simple no weapon) Assault other weapon Assault with a firearm Assault with a knife Assault, Simple (no weapon) Assaulb Intimidation Category Subtota Assault (DV) DV Assault 4t DV Assault no weapon agg injury DV Assault other weapon DV Assault w/t a knife DV Assault wit Firearm Category Subtotal Family Offenses Child Abtise or Neglect Contributing to the Delinquency of a Minor 5 5 Custodial Interference Family Fight (Non-Violent) Family Offense, Other ategory Subtotal Sex Offenses Pornography Sexual Assault, attempted rape Sexual Assault, fondling Sexual Assault, Rape Sex Offense Other Sexual Abuse of a Minor Statutory Rape Category Subtotal Table of Criminal Offenses and Arrests 2007 2009 2009 2008 2007 14 8 1 6 16 5 1 4 7 5 1 5 3 2 2 hE gct e 2 1 2315H141 42 .1" 1• ?j ••l" ,[1. E.;t: 1. ,1:::": :::••H Il it rtjj; (I) U) 40 I 'E 1 :,..i....................,::( 5 1:::;',•,..... 3•:.••••1:7 2 1 ••":":".j7c 5 l,j ...illjt..i"te.ill.r, 7 •:••••••••.16 1:-...•••• 4 j•til,,t•li4ljt,"•••."::::", '..""Eill4lijttitj. 3 4 1 2 215l3813L112 462319 4 97 5 47:/1(.,..;: 6 9 4 81 50 55 50 j 46 4 4 313 1". 1 tjt tijati"•3.trlt.!. 2 25 6 5 51 1 1 4 12 ii/:',12..,r•i 25 12 9 3 18 -170- 62 57 5 7 3 69 64 3 7 5 5 4 2 2 15 1 1 1 2 1 1 .2 1 1 7 5 2 3 5 3 2 1 7 2 2 1555 '22 5 3 26 76 1 1 1 1 9 6 3 73 58 55 3 4 5 1 1 3 Arson, Commercial Building Uninhabited Criminally Negligent Burning Category Subtotal Burglary Burglary, not a residence, att force entry Buratary, not a residence, forced entry Burglary. not a residence, unlawful entry Burglary, residence alt force entry Burglary, residence. forced entry Burglary, residence. unlawful entry Category Subtotal Forgery/Fraud Countedeiting/Forgery e 5 I 5 False Information or Report Fraud, Credit Card/ATM Fraud, Impersonation Fraud/Swindle/Confidence Game Wire Fraud Category Subtotal Robbery Robbery, Firearm, Business 1 2 2 1 1 Robbery, Other Weapon, Residential Robbery, Strong-arrn, Gas Station Robbery, Firearm, Street Robbery Strong-arnt, Miscellaneous iiy,;;,•,: Robbery, Strong-arm Residential Robbery, Strong-arm, Street Category Subtotal Larceny (Non-Vehicle Theft, Pick-pocketing Theft from a Building Theft from a Motor Vehicle 1 32 7 1 2 5 Theft of a coin machine Theft of a purse Theft of Vehicle Part Theft, other property Theft, Bicycle Theft, ShopUfting Gategory Subtota 2 ;....•;;;....15;•Eli 1 ;•;••••••••iiildtli.;;;!; 1••••••••••. 11 j9:;•1•11:.:1. 2 1 2 it•;•!;;;11:E;E:;....••,;.;....•• 1 2 2 r:•;;;;;;!•;.Z;;;;..;•;••••• 1 1 l.,;;;;;I;;;i:1';• 1 :;•••;•;•;•.1:1817:,•••! 6 5 1 9 1 1 1 4 15 14 1 19 18 16 2 38 6 6 11 2 2 87 31 29 2 3 3 2 4 33 30 3 19 -171- 45 14 1 3 37 7 5 2 115 7 7 31 3 3 8 21 2 2 81 2 23 2 2 3 1 1 117 28 lti.1.25;; 3 16 •••i••: 2 2 3 289 8 28 4 9 6 5 1 1 3D 3 164 41 29 12 19;t 1 i;:i;•;;;•;.;iiE•1•;,..;ii•;•;;E••: 1 4 SO 29 Kenai Police Department End of Year Report 2009 Vehicle Theft Theft, Car or Truck Theft, Motorcycle Theft other vehicle type Category Subtotal Drugs Possess paraphernalia Possess synthetics Possess. other Possession of cocaine Possession of marijuana Sale/Manufacture cocaine 1 1 1 Sale/Manufacture marijuana Sale/Manufacture other Sale/Manufacture synthetics Category Subtotal DUI Breath Test Refusal 16 16 15 DWI, Alcohol or Drugs DUI Citizen Driving after Drinking, 18-20 Drive after Drinking, Juvenile Traffic Arrests Driving without a license Failure to insure vehicle Fail to stop for Peace Officer (Elude) Fail to stop for a school bus Reckless Driving Category Subto Warrants Arrest Warrant Fail to comply with conditions Fail to report Failure to satisfy Judgement Failure to appear Probation/parole violation Violate Condition of Release Category Subtotal 16 5 4 1 5 5 1 1 1 7 6 1 le 5 5 r 2 4 2 2 2 1 1 5 4 4 2 1 1 22 8 6 2 1 24 8 i 6 7 3 2 1 17 17 12 5 18 12 12 7 5 1 3 2 1 3 2 2 66 59 I 52 750 42 35 7 47 39 32 7 1 "..":,"....."."..,5"":"..." 4 1:::,...,:".,"-,,:-: 1117:, 11 11 1 2 2 1,'",'...."?...':""2:•:',E !"...".."....'"),11, 1 '',....."..E.." 123 110 II,4":"::,,S7 III:44" 13 ":".':409;: 84 204:44II::4".. 8 ',4"....II 70 10 66 86 85 1 78 78 77 25 24 1 1 1 7 5 5 13 7 6 1 219 208 I 202 6 22 11 10 1 14 14 14 1 1 1 59 55 55 59 53 53 20 -172- Felony DWI 11 11 11 I -4 4 4 9 9 9 Category Subtotal 139 114 j-112- 1 122 98 97 1 156 135 i:•. Driving Suspended/Cancelled or Revoked I 37 85 65 80 78 77 1 92 92 88 4 24 23 19 4 26 24 22 2 30 29 I- 24 5 '-88 88 87 1 109 108 107 1 9393 90 3 4 2 2 6 6 6 18 17 16 1 23 21 19 2 23; 229J 5 244 241 I 22T 14 26 8 8 7 7 7 3 3 3 1 1 1 15 '55 54 52 18 18 17 1 100 100 97 3 23 2- 41 2 21 4 1. 174 124 124 Kenai Police Department End of Year Report 2009 Weapons Offenses Explosives/Incendiary problem Fireworks Weapons Offense Category Subtotal Other Offenses Alcohol Offenses —Juv <18 Non-Traffic Communications Offense Criminal Mischief Cruelty to Animals Disorderly Conduct DVRO Violation Escape Extortion/blackmail Fugitive from justice Harassment Interfere w/t report of a DV crime Intoxicated Person Kidnappinglabduction Littering Mail Tampering Mental Subject Missing person Non-sufficient funds checks Obstruction of justice Other criminal Perjury Prowler Reckless endangerment Resisting/interfere w/ arrest Stalking Threats Tobacco Problem Trespassing CHANGES FROM 2008 REPORT: None, 14 11 JlE712l/jjjj 11 jjljj41 l/j/l ljjj/jj12jj,j/j 10 9 1 15 r 133 39 37 2 2 153 11 10 1 7 7 6 1 97 5 5 15 14 14 13 1 13 13 13 9 9 12 7 7 7 3 3 26 18 15 3 3 3 3 1 1 1 1 1 1 1 1 10 10 9 1 1 7 7 6 1 23 21 19 2 10 10 10 54 4 16 15 15 2 1 1 55 2 2 4 15 illjlljj/jjjljllj 15 j.::„ :;211,,lljj 21 lfJJJJ/JJJJJJjJJ1 21 24jj 21 j/jj/l' 21 37 :jr,/,30 7 146 24 j/ 7 /j/j16611/: 35 /l/jj/25jill-:"/ 10 90 31 23 8 nlawfui contact 1 1 1 21 -173- 110 19 17 2 36 13 13 5 2 2 1 68 4 4 5 1 5 5 5 115 7 5 2 1/lj/l 1 438 12 71 26 23 3 62 18 13 5 I Category Subtotal 964 201 165 36 745 155 119 36 1 915 187 143 44 Kenai Police Department End of Year Report 2009 M1 Other Service Calls 2009 2008 2007 Abandoned Vehicle 83 76 83 Agency Assist Other 220 211 224 Agency Assist Soldoma Police Department 42 26 38 Agency Assist Alaska State Troopers 270 282 291 Agency Assist Kenai Fire Department 136 106 92 AIarms 184 162 53 Animal Problem 190 173 230 Attempt to Locate 19 11 17 Attended Death 8 4 8 Attempted Suicide 8 6 2 Citizen Disputes (Civil problems) 271 327 367 Citizen Assists 474 359 407 Community Relations 67 141 187 Criminal Intelligence 24 DVRO service (Restraining Order service) 70 51 59 Extra Patrol Request 126 121 143 Juvenile Runaway 12 17 17 Juvenile Problem 123 149 198 Lost/Found Property 132 147 126 Noise Complaints 110 117 169 Other Non Criminal 72 137 117 Parking Problem 44 40 44 Possession of Burglary Tools 0 Protective Custody Drugs, Alcohol or Mental Issues 21 14 8 Recovered Stolen Property 1 Suspicious Person. 135 94 107 Suspicious Circumstances 107.5 781 675 Suspicious Vehicle 101 112 84 Traffic Hazards 118 107 87 Traffic Offenses 671 522 652 Unattended Death 14 11 12 Unsecured Premises 14 7 20 Vagrancy 0 Vehicle in Ditch 51 76 27 Vehicle Serial Number Inspection 2 1 4 Welfare Checks 278 231 266 MUNINCIPAL ORDINANCES Blocking Snow Removal Camping Violation Motorcycle /Recreational Vehicle Problem Other Nlunicipal Ordinance Violations Snow machine Violations TOTAL All Other Service Calls gives abroad picture of the department workload that is outside of arrests and criminal offenses, This work is necessary to maintain a healthy and safe community. 22 -174- 45 27 29 14 12 14 56 19 7 28 65 117 14 18 14 5305 4760 5020 ©nnans©nircm ningi ti\DIES 23 -175- mritmgA Crt Michael Nusbaum Communications Supervisor 4 years service US Army 4 years Nancy Wiles Dispatcher /Clerk 11 years service Greg Beckman Dispatcher /Clerk 8 years service US Coast Guard 20 years Erica Shinn Dispatcher /Clerk 3 years service Bachelor of Arts, Communications Stacey Day Dispatcher /Clerk 1 year service Associates, Basic Nursing Travel /Tourism Danielle Braun Dispatcher /Clerk Under one year service Bachelors Degree, Mark Lisa Linegar Dispatcher /Clerk Under one year service Associates of Arts Erin Pealatere Dispatcher /Clerk Under one year service COMMUNICATIONS DEPARTMENT EMPLOYEE BIOGRAPHY 2009 g and Management 24 -176- the city of KEN \ALASKA MEMO: "Vulage with a Past Gity with a Mare 210 FideIgo Avenue. Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 1 111r 1992 TO: Gus Sandahl Police Chief FROM: Mike Nusbaum Communications Supervisor DATE: 2118/10 SUBJECT: 2009 Communications Department Report The Communications Department is often the first point of contact for citizens requesting emergency services, animal control, ordinance enforcement and other city services. Our employees are responsible for taking calls for service, codifying them for data entry and dispatching the appropriate personnel. We answer five separate 911 lines, 16 administrative lines (18 lines after hours and on weekends/holidays), four radio frequencies, the FAA "crash phone" and the peninsula wide Crime Stoppers line. All staff are trained and certified to perform Emergency Medical Dispatching, which is a standardized series of questions and instructions to carry out pre arrival medical care in order to stabilize patients before the arrival of EMS personnel. We are a dedicated E91 1 Public Safety Answering Point (PSAP). We also serve as the back -up center for the Soldotna Public Safety Communication Center (Soldotna Post AST) in the event of technical difficulties or emergencies. During the 2009 calendar year Communications processed 7,626 police calls for service and 1,479 Fire /EMS calls. New call tracking procedures have been implemented and show that during winter months Communications has been handling approximately 3000 administrative calls per month. These numbers will increase during the summer and a more accurate picture of administrative line activity will be available for the 2010 Annual Report. We also monitor city alarms for the Airport and Water Sewer sites. We dispatch calls received from alarms for business, residential and financial institution security systems. We routinely handle walk -in customers for "fix -it tickets report requests, officer interviews or infonnational inquiries 24 hours a day, seven days a week. The Communications staff provides wide ranging administrative support to the Police Department in the way of record keeping and case file construction for submission to various criminal justice system agencies. Statistical data is gathered and forwarded as needed, including FBI Uniform Crime Reporting, National Crime Information Center reporting, Alaska Public 25 -177- Safety Information Network and Crime Stoppers. .Archiving Police and Communications Department records is a task we perform constantly. During 2009 Communications personnel attended various training to include APSIN Full Access, Validations and Terminal Security Officer training, a Digital Evidence Seminar, In- service training for Dealing With the Mentally Ili, BLS For Healthcare Providers (CPR/AED), Kenai Peninsula Borough Rapid Notify System (aka C.A.N.), The National Academies of Emergency Dispatch Navigator Conference, Uniform Crime Reporting, Basic and Advance Excel use, Crystal Reports, APOA Crime Conference, Harassment, Rapid Notify Enhancements, Alaska Symposium for Emergency Communications (ASEC), Alaska State Firefighters Conference, NAED Emergency Medical Dispatch (version 12.0), and participated in an active shooter drill along with members of the Kenai Police and Fire Departments. All personnel maintained their required certifications for the year. 26 ttie ufy of KENAI, ALASKA TOTAL ANIMALS HANDLED: 1,417 Intake Impounded: 852 Received from Owners: 441 D.O.A.: 124 Miscellaneous Information: Composition Dogs: 841 Cats: 513 Other Species: 63 Disposition Claimed: 233 Adopted: 557 Euthanized: 490 Miscellaneous Disposition: 13 KENAI ANIMAL CONTROL 2009 ANNUAL REPORT TOTAL CALLS: 7,811 INFORMATIONAL CALLS: 6,960 PIPIT D TNVP VOLUNTEER HOURS: 865 85: KNOW BORO ANIMALS: 313 27 -179- the a of KEM `ALASKA MEMO: "V'f /a e with a Past City with a Fa are I/ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 TO: Gus Sandahl, Chief of Police FROM: Brett Reid, Chief Animal Control Officer DATE: 2120/2010 SUBJECT: 2009 Annual Report 2009 brought major personnel changes to our department. Christi Matti and Cora Chambers became our new Animal Control Officers. The Kenai Animal Control's primary responsibility is investigating animal complaints and implementing solutions, including enforcement procedures when necessary. The City of Kenai also operates a modern 3,500 square foot animal shelter capable of housing over 30 dogs and 20 cats. Numerous small animals and livestock can be kept as wei» Our standing un-official motto is "any animal, any time". Although we are primarily an animal control shelter our animal adoption rates (currently 39 rivaI Humane Society adoption rates. Reviewing 2008 and 2009 shows a 9.8 decrease in total animals handled. I feel this is largely a result of a community economic downturn. Animals received from owners declined 28.7 The largest reduction is a 41% decrease in animals received from outside Kenai city limits "Known Bore Animals" on our report). Animal impoundments have increased 4.6 In 2009 we also implemented a more proactive field enforcement program. Increasing neighborhood patrols prevents minor animal problems from becoming big problems. Our Goals for 2010 are: Continue and increase proactive neighborhood patrols. Continue developing our policy and procedure manual. 1992 Expand our volunteer program. Expand our educational program to include more adult education. Animal Control Staff Biography 2009 Brett Reid Chief Animal Control Officer 28 years of service National. Animal Cruelty Investigator Technical Animal Rescue Technician I II Equine Investigator I II Christi Matti Assistant Animal Control Officer 1 year of service National Animal Control Association Officer I 15 year Veterinary Technician Cora Chambers Assistant Animal Contro On 1 year of service Bachelor of Justice REGULAR VOLUNTEERS 2009: Soledad Mooney, serving since 2001 Paulene Rizzo, serving since 2006 Miranda Rizzo, serving since 2006 Janea Cook, serving since 2006 Jacquie Graham, serving since 2007 Rose Guilbeau, serving since 2008 Tamera Achin, serving since 2009 Judy Fandrei, serving since 2010 Riley Johnson, serving since 2010 29 -181- 2000 1500 1000 500 0 1400 1200 1000 800 0 0 200 0 2005 2006 1983 -2009 Total Animals 2007 30 -182- 2005 -2009 Known Boro Animals 2008 2005 -2009 Adoption/Euthanasia 2009 2005 2006 2007 2008 2009 e5Total Animals 88 known Boro Animals ❑Kenai Animals W Euthanasa Adoptions 1200 ;9 1000 800 600 400 200 0 Composition 05 2006 2007 2008 2009 31 -183- Other Species Cats 0 Dog s Kenaitze Indian Tribe Early Childhood Center 130 N. Willow St. Kenai, AK. 9961.1 Phone (907)283-0707 Fax (907) 283 -5898 Website: www.kenaitze.org Email clmidv(i)kenaitze.org City of Kenai March 10, 2010 We will appreciate it when you take just a few minutes to read this appeal. The Literacy Company reports: The educational careers of 25 to 40 percent of Ainerican children are imperiled because they don't read well enough, quickly enough or easily enough. Disadvantaged students in the first grade have a vocabulary that is approximately half that of an average student (2,900 and 5,800 respectively). Out -of school reading habits of students has shown even 15 minutes a day of independent reading can expose students to more than a million words of text in a year. Y 15% of all 4th graders read no faster than 74 words per minute, a pace at which would be difficult to keep track of ideas as they are developing within the sentence and across the page. It is estimated that more than $2 billion is spent each year on students who repeat a grade because they have reading problems. Over one million children drop out of school each year, costing the nation over S240 billion in lost earnings, foregone tax revenues and expenditures for social services. Our Early childhood Center sponsors an After School Program for Kindergarten through third grade. The school bus drops children off at our center every day and we provide a nutritious snack, help with homework, cultural activities and play time for continued social /emotional development. In the 2008 -2009 school year there were 41 students in our After School Program. We recognize your invaluable support to our community. We are asking that you give support to our 100 Books For a Bike program. In the school year 2009 -2010 we aspire to motivate our early readers to develop an appreciation for reading and lay the foundation for educational success. I propose a 100 Books For a Bike program in which I will collaborate further with each child's teacher and encourage the children to read 100 books at their grade level and earn a bike and helmet. Indeed we have an individual who will donate a helmet for each participating reader. I realize this is a lofty goal, but 1 am committed to achieving this objective. I am sure you will agree our children are worthy of our best efforts. -184- Kenai, AK 99611 Phone (907) 283 -0707 Fax. (907) 283 -5898 Website: www.kenaitze.org Email: c1undva,kenaitze.org We are requesting assistance on the project in any form which is possible from City of Kenai. I will gladly answer any questions and take into account any suggestions you may have. Please call me at Cuya Qyut'anen Early Childhood Center, our number is 283 -0707. Thank you for your consideration. Sincerely, Charmaine Lundy ANE Coordinator Kenaitze Indian Tribe Early Childhood Center Ph# 283 -0707 Fax #283 -5898 -185- Friday, March 26, 2010 Story last updated at 3/26/2010. 1:25 pm Kasilof dunes to get protection: Fencing project at rinser mouth modeled after similar effort in Kenai -186- By Joseph Robertia Peninsula Clarion While the Kasilof Regional Historical Association is better known for protecting pioneer sites, structures and other artifacts, they've recently taken up the charge to save the beach dunes at the mouth of the Kasilof River from further human caused degradation. "It's something that needed to be done," said association president Brent Johnson, "but as to the historical association's involvement, it was completely by accident." Johnson said the idea came last November during a community meeting held with Kenai Peninsula Borough Mayor Dave Carey and Assemblyman Paul Fischer to determine what top priority projects Kasilof and other communities wanted the borough to include on its wish list for legislative funding. Residents of Kasilof had been considering a funding request for a columbarium, but this issue did not have community consensus. Not wanting to lose out on a slice of the project funding pie, Johnson said talk turned to getting the Legislature's help in erecting a post and -chain fence around the beach dunes and adjacent private property. "It would be modeled after the barrier (the city of) Kenai installed around the beach dunes on the north and south shores of the mouth of the Kenai River," Johnson said. Based on what Kenai spent to install its fence comprised of treated wood posts sunk into the ground with chain strung through holes drilled into the posts the Kasilof project is estimated to cost about $65,000. Johnson said last month he heard from house speaker Mike Chenault, R- Niklski, and was informed that $60,000 had been approved for the project. "But having the money in the budget doesn't mean its approved yet," Johnson said. The state Department of Natural Resources Division of Mining, Land and Water has primary authority over this area of land, so the project still has to go through a land -use permitting process, including a public comment period, as well as a coastal zone review. As part of filling out these permits, Johnson said more surveying and other considerations must be done to ensure accuracy of the proposed project. 'We've got a parts list from Kenai, but we have to compare the lengths of the two areas to see if ours is longer, so we know if $60,000 is enough," Johnson said. °I'd also like to compare prices of treated wood posts, since they can be expensive, or possibly look into cement posts to see if they are cheaper," Johnson said initially he hoped the entire dune area would be encircled. But after further community discussion and crunching of costs, the tentative area to be fenced will be the dunes on the upland side of the vehicle -made dirt path that many people use to access the south side of the river mouth during dipnet season. In following the permit process, Johnson said the fence would likely not be up in time to prevent dune degradation during this year's salmon season, "I'd love to have it up as soon as the ice is gone," he said, but realistically, it's best to wait and get all the permits done correctly, so it'll likely be August before any construction work begins." Simultaneous to the association's efforts, two students from Nikiski High School Melinda Hampton and Dylan Holloway were also focusing on the Kasilof River dunes and adopted a plan to install fencing for their Caring for the Kenai project. Under the tutelage of science instructor Phil Morin, they contacted the city of Kenai to ask about the temporary orange plastic fencing and fence posts the city had used to keep people off the Kenai dunes before the post -and- chain fence was installed. "The city agreed to offer up the fencing for the students' project," Morin said, The students hope to install the fencing this spring, before dipnetting season. However, their project needs state approval before they can begin, which hasn't been an easy process. "The girls have negotiated the bureaucracy for the past three months, and have exchanged 150 a -mails between all the players," Morin said. The resolution they got was that the fencing will be able to be used, but it must be erected by a bonded and licensed entity. As such, like the permanent fencing, construction will likely not take place until late summer, and may end up being used to supplement the post- and -chain fence. "Since It'll cost more than $60,000," Morin said, "i1 (the association) can get the complete budget, the temporary fencing could be used until the funds come through for the full package." Joseph Robertia can be reached at Joseph .roberfia @peninsulaclarion.com. Kenai Peninsula Borough April 6, 2910 7:00 PM Pete Sprague Assembly President Seat 4 Soldotna Terre Expires 2010 Hal Smalley Assembly Member Seat 2 Kenai Term .Expires 2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 ylako Haggerty 4ssembly Member ieat 9 South Peninsula re Aires 2012 Knopp Asembly Member eat I Kalifarnsky erm Expires 2012 'ue McClure ssembly Member eat 6 East Peninsula erm Expires 2012 'harlie Pierce ssembly Member ;at 5- Sterling /Funr,yRiver arm Expires 2011 ill Smith tsembly Member 'at 8 Homer rrm Expires 2011 xry Superman trembly Member ai 3 Nikls /d rm Expires 2010 April 6, 2010 I. J. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. LNVOCATION D. ROLL CALL E• COMMITTEE REPORTS G. Assembly Agenda Regular Meeting Borough Assembly Chambers, Soldotna, Alaska 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. March 2, 2010 Regular Assembly Meeting Minutes 1 COMIVIENDING RESOLUTIONS AND PROCLAMATIONS 1. Mayor's Proclamation Declaring April, 2010 as "Sexual Assault Awareness Month" 10 2. Mayor's Commendation for Marge Mullen 11 PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Kaylene Johnson, Kenai Mountains- Turnagain Arm Community Corridor Association, "National Heritage Area" (]0 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes na. speaker; 20 minutes aggregate) -187- Pave 1 of 6 MAYOR'S REPORT 12 2. Other Agreements and Contracts a. Contract with TecPro, Ltd. to Purchase and Install On Site Remote Monitoring Systems for Six Unmanned Waste Transfer Sites in the Amount Not to Exceed $72.026.99 14 b. Authorization to Award Contract for the Purchase of an Engine Generator Set from Cummins Northwest LLC for $15,789.00 22 c. Authorization to Award Application of Calcium Chloride for Dust Control During the Summer of 2010 24 Approval of Cooperative Purchase for Software Licensing Through State of Alaska's Competitive Solicitation with Dell Marketing LP 31 e. Authorization to Award Contract for Central Peninsula Landfill Gas Management Plan Professional Services to HDR Alaska, Inc for a Lump Sum of $98,836.90 35 Authorization to Award Contract for 3,000 Gallon Tanker/ Tender for Bear Creek Fire Service Area Sold by Fouts Brothers Fire Equipment of Smyrna, Georgia 37 Authorization to Award Contract for Tyonek/Beluga Vegetation Mapping Project for Spruce Bark Beetle Mitigation Program by Alaska Map Company 19 h. Authorization to Award Contract Through a Cooperative Purchasing Group for the Purchase of Student Lockers for Installation at Homer High School, Seward High School, and Soldotna High School through King County Director's Association 41 a. Mayor's Report March, 2010 (to be provided on day of Assembly Meeting) b. Approval of Tax Adjustments as of March 4, 2010 42 c. Investment Portfolio Report as of December 31, 2009 45 d. Alaska Department of Commerce, Community and Economic Development Notice of Lapsing Grants on June 30, 2010 47 April 6, 2010 Pan 2 of -188- April 6, 2010 e. 2010 Assessment Roll for Oil and Gas Properties within the Kenai Peninsula Borough 49 f. Certification of 2009 Real Property Supplemental Roll g. Spruce Bark Beetle Mitigation Program Monthly Status Report for February, 2010 51 h. Revenue Expenditure Report February, 2010 55 Budget Revisions February, 2010 Letter to Representative Mike Chenault Supporting House Bill 369 61 Mini Status Report on Appropriations Process from Steve Silver 62 1. Appendix A Salary Schedule as of April 1, 2010 (to be provided on day of Assembly Meeting) m. Update on Railroad Car Project n. Introduction of Daniel Park, Capital Projects Director o. OSK Ruling (to be provided on day of Assembly Meeting) L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None 14. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) I. Ordinance 2009- 19 -29: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee) 64 2. Ordinance 2010 -07: Amending KPB 4.30.060 to Prohibit a Person from Serving Simultaneously as a Member of the Assembly and Member ofa City Council within the Borough (Fischer) (Referred to Policies and Procedures Committee) 69 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) (Referred to Policies and Procedures Committee) 73 3. -189- Page 3 of 6 4. Ordinance 2010 -10: Enacting KPB Chapter 2.90, Code of Ethics (Sprague) (Second Hearing on 04/20/10) (Referred to Policies and Procedures Committee) 78 5. 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 Riverbanks (Mayor) (Referred to Lands Committee) 105 6. 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, McClure) (Referred to Policies and Procedures Committee) 167 7. 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) (Referred to Lands Comrnittee) 202 8. 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) (Referred to Finance Committee) '35 UNFINISHED BUSINESS I. Motion to Direct the Legal Department to Pursue a Civil Remedy Against Hugh Chumiey, 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 allotice of Intent. to Do Business Form Being Filed Tabled 12/01/09 0. NEW BUSINESS Bid Awards *a. Resolution2010 -020: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Tall Tree Avenue Capital Improvement Project (Mayor) (Referred to Finance Committee) 238 *b. Resolution 2010- 021: Authorizing Capital .Improvement Project Cost Allocation and Award of a Contract for the 2010 Grandview Drive and Misty Morning Avenue Capital Improvement Project (Mayor) (Referred to Finance Committee) 243 April 6, 2010 Page 4 of 6 -190- April 6, 2010 Auocanon ana Award of a Contract for the 2010 Wolf Trail Circle Capital Improvement Project (Mayor) (Referred to Finance Committee) 250 Resolutions Resolution 2010 -023: Supporting Alaska House Joint Resolution 53 and Supporting the Passage of United States Congressional Bill H.R. 1034, Designating the Honor and Remember Flag as an Official Symbol to Recognize and Honor Members of the Armed Forces of the United States Who Died in the Line of Duty (Mayor) (Referred to Legislative Committee) 256 *b. Resolution 2010 -024: Establishing Standards for Determining Qualified Entities to Receive Community Revenue Sharing Grants Under AS 29.65 and 3 AAC 180 (Mayor) (Referred to Legislative Committee) 259 Resolution 2010 -025: Approving Unincorporated Communities for Participation in the State's Fiscal Year 2011 Community Revenue Sharing Program (Mayor) (Referred to Legislative Committee) 162 3. Ordinances *a Ordinance 2010 -16: Amending KPB 21.18.010, .020, .135, and .140, and Enacting KPB 21.18.145, to Clarify the Findings, Purposes, and Emergency Exemptions of the Chapter. and to Provide a Reference to a Variance Procedure (Mayor) (Hearing on 05/04/10) (Referred to Lands Committee) 272 *b. Ordinance 2010 -17: Extending the Sunset Provision of Ordinance 2009 -09 (Long) Substitute, Amending Provisions of KPB Chapter 21.06 Regulating Flood Hazard Areas in the Seward -Bear Creek Flood Service Area, and Confirming the Administration's Efforts to Further the intent of Resolution 2009 -070 to Pursue Various Solutions to Facilitate Moving Residents Voluntarily Away from Flood Hazard Areas (McClure, Mayor) (Hearing on 05/04/10) (Referred to Lands Committee) 296 *c. Ordinance 2010 -1.8: Authorizing a Subsurface Oil Gas Lease to Marathon Alaska Production, LLC, in the Ninilchik Unit at 12.5 Percent Royalty under Township 1 South, Range 13 West, Seward Meridian, Section 7 in Tract "A" of Aurora Vista Subdivision and the Minerals Underlying a Portion of the Sterling Highway Right -of -Way (Mayor) (Hearing on 05/04/10) (Referred to Lands Committee) 307 -191- Page 5 of 6 4. Other Authorizing an Application for a New Liquor License Filed by Kyllonen Enterprises, Inc. dba Fireweed Meadows (Referred to Finance Committee) 316 *b. Authorizing an Application for a New Liquor License Filed by Salmon Catcher Lodge, Inc dba Salmon Catcher Lodge (Referred to Finance Committee) 329 Request for Formal Assembly Objection to the Renewal of the Following Liquor License Due to Unpaid Taxes (Referred to Finance Committee) 340 Business Name Little Ski -Mo Drive In Location Kenai, Alaska P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. April 20, 2010 Regular Assembly Meeting 7:00 PM Soldotna R ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance 2010-10: Enacting KPB Chapter 2.90, Code of Ethics (Sprague) (Second Hearing on 04/20/10) (Referred to Policies and Procedures Committee) T. INFORMATIONAL MATERIALS AND REPORTS NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on April 20, 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), KBBI -AM 890 (South Peninsula), K201 A0 -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.borougkkenat.akus for copies of agenda, meeting summaries, ordinances and resolutions. April 6, 2010 Page 6 of 6 -192- ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. AMENDED/PASSED UNANIMOUSLY. Ordinance No. 2472 2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. PASSED UNANIMOUSLY. Ordinance No. 2473 2010 Increasing Estimated Revenues and Appropriations by S 1,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2475 2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. PASSED UNANIMOUSLY. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. PASSED UNANIMOUSLY. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 PASSED UNANIMOUSLY. Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. PASSED UNANIMOUSLY. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of 54,178,516.00. 9. PASSED UNANIMOUSLY. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. POSTPONED TO JULY 7, 2010. Resolution No. 2010 -23 Opposing "An initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. REMOVED AS PROTEST /ADDED TO CONSENT AGENDA AND APPROVED00. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWN. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. APPROVED /CONSENT AGENDA. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Special Meeting of March 13, 2010. 2. APPROVED /CONSENT AGENDA. *Regular Meeting of March 17, 2010. ITEM F: UNFINISHED BUSINESS 1. APPROVED. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAO). 4. APPROVED. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). 5. APPROVED. Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. APPROVED. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms. 7. SCHEDULED /6/7 16/2010. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. 8. RESOLUTION TO FOLLOW/PROCEED WITH COLLECTIONS. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. DIRECTION GIVEN to City Attorney and City Manager to work on and monitor the Kenai Landing issue; directed the City Manager to monitor the issue with TransCanada and potential sale of property; and, directed City Attorney and City Manager to follow City Code with regard to Ma Pal Alaskan Treasures, Inc. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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, 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 March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT NOTICE OF PUBLIC HEARING APRIL 7, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1.,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. a. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient T .,,s.. „s. 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00. 9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. PROTEST OF LIQUOR LICENSE RENEWAL L&,M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge- Seasonal (May 1 October 31). The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: April 2, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF APRIL 7, 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. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General- Fund for a Library Grant. 3. Ordinance No. 2475 -2010 (Substitute) Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 -2010 (Substitute) Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00. 9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. 'Liquor License Renewal L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: April 8, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. K° KENAI CITY COUNCIL CHAMBERS http://www.ci.kenatak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2472-2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. Ordinance No. 2473-2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by 52,029,343.75 and Appropriations by 52,023,595 in the Debt Service Fund. a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by 52,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474-2010 Increasing Estimated Revenues and Appropriations by 54,660,000 in the Library Improvements Capital Project Fund. a. Substitute /Ordinance No. 2474-2010 Increasing Estimated Revenues and Appropriations by 54,775,516 in the Library Improvements Capital Project Fund. 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 Resolution No. 2010 -20 Approving a Cooperative Agreemen Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of 54,178,516.00. 9. Resolution No. 2010.22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. Resolution No. 2010-23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. PROTEST OF LIQUOR LICENSE RENEWAL L &M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWAL OF PROTEST Liquor License Renewal /Alaskalanes, Inc., d /b/a Alaskalanes Bowling Center Recreational Site 13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM F: UNFINISHED BUSINESS 1. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3.`Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC). 4. Action Item Deed of Trust/Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms. 7. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. 8. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 5.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. 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 DA CITY COUNCIL REGULAR MEETING APRIL 7.3010 KENAI CITY COUNCIL CHAMBERS nn al, us REM0. SSgagabISE_SPM }IC COMMENTS (10 minutes) IRLyo- PMBLIC NEAS010GS (Testimony limited to 3 minutes 707¢704007) ONirance No. 2473 3010 Making Corrective Amendmen04 to the Development Requirements 70010 In KMO 1424,009 77ovi310, 61- 4 0 0 0 0 6 0 0 5 0 0 7 1 7 7 7 l 0) Feat In 0w Ugh/ lnausinal QL1, "GM aural 1+11, Oent7a Cannier," (CC), General Commercial MG/ and 006070) Mi" (Me Eon" (0MU). 2. Ordinance No. 24733010 inq Estimated Revonues and 2. o�nance No r 2478� n 10- oim Rangy Ramming Il m library. t Kamm" 52029,34375 a'# Aep:opllelkn¢ by 54073,53E In IFw Gehl 6ervke Fund a. Re 52, 2. 4 ]s and 2. we Estimated Revenues 64 re22e 0 00001 Increasing Ey "822209.94 0 e NO. 2474-2010 ma semoO 6 A. IXtllnance No. ring E Re improvements Capital and Moieu taions by $4.650000 in the ec Library 0rryCapital Pm arbor. a Revenues end nan<e Natians E4,T/6 t0 1 .770 10g A s 41 0 1 led Revenue end Pr by ,616 In a Worry 4o 20e ve 1 Project Ewd, 5 Ol otlron[ x6]&0310 emnq Oo a Budget "ood A AepW11M1m the EtlMalpii Prole Rind for r ll Installa t ion 0 001pur 0e Facility "pi" 7ole<t u71neYeetlon Kenai MU a(d No ..2 d]] 47 lgwTP 6 Can es¢ No a Budget p 000s Transfer 77 W Appropriations Ed" ben 0 0n p 37 pro iP7ted Rev entl Analrons m lh eu tton N ti Plan lx 7 es Cue B0327 the Alaska No. 201030 At o Approving Fmg a Cooperative and the City of p Alaska a 7 m7 River 0 l 3 1 Fish and Game 006 0e O0n e of Between 71 Kenai Rive? and A UM04:7 M. 7 fishery Manager Shore to Sign me s ry 0147 p7ow e 0 n0 City 07 the CAy Re s- 20110 010 ardirS Rena fl. ino n N the 2011 a c0172 SIery O C (u I 3 '340 7 40 0 v n0y Expansion 776 p 0 and Protect cnllam 0 xm Noll ro0-22 TCm oh 730 6, s 41607 1 9. Ca? 0.M ger Oho McRcls Manager the Capital g f th Management Fund iR Cap" Pmloc 20 00ge kom Me l,'apfal Protects 43700 Manmmenl F Ant -Co pt Nu. 0.2007 b406 "e 310 P 10011veGm rimary Alaska 6 tn Pct "WNN Wka an the 3Alaska Pnmery"action 6a t 1. PROTEST OF LIQUOR LSE RENEWAL leM Ventures a Inc, 41,/a 3RAWA D030 five I27 bra 12, IM ]NWU WAL OF 4M /a Al [sMnlan liquor Bowling Re 370 00,al Site 7 es. Inc tl P/0% AIes 8Mn9 Center Fa se veetl0( 1 a. 0 769LC Real- Alaska Waea (License KR6?ItlOeS UNFIN T 1. 000 usslonlACtiUN Item o n440 03E53 Dk[ NEIN13 000 N¢II 00!108 S51NE55 610 0 2. pp Tw n i al 00, 2470-2070 -270 -0000006 3'O No. 07 0093 10 a¢I0g 3sl0m Re .0 0 0 m 6a00 057 by s0 I F enu T7ainln9 RmWre4 C 0 07 na o mma General moon 0hw e 0 1. 00 0106 en 0774 a L S oo, L LPS¢;gnmem el Lea Fe artl security 4 7 o1 moyera LmO 06). 6. P ]A, 5166k 1, FBO subdivision, 70 6 Item Amendments. llem AeMmonla to Leases/Rate Changes Kenai Golf wrss 6 FlrtusslonlPftloo Item Bird MainglAl7pon Dog G6m Flyaway Fat" 7. Amcaeei a y mom Annual Evaluations m env Manner, MR EXEC UTIVE cussioof Enforcement e ctio n 00000 l 00 Actions for any 0000 Nuauorvs and Collection u TIVE SESSION a6as 100N077 Kenai -0750, Section a AS Z3.I0. TN AE ss m.31c, KMC i m 4EU, 074 en[. 0 4 0 705 wo 400 c) ea (5 n edre7s Ne immediate sof a Me yof Ke n uld lrly advice neINlAct "nu 00) Kenai Dins Coy 12) 7,0e iand to Wain T (ncelmm Clay Attorney 77, Ma& PO A 7) (t%anal Alaskan R) Por( i 60e p 7& 30704 .n are 6 l, 0443 put e lsk ..7 ea a 600040 N6n 06emwe0 loao tll¢pul. AO attend an d e NT The 1 aimble c1¢InhOe 6x CS Ot attend and at 1 oI60 ,o 0745 o7 visit ole through 07 000 7010(. at 10 FdaI¢p Avenue, ai ur o websAe a!I9tY llwvnv, rr, kSptlyR!l. Card Fie" City Carle 6 STA Denise Reece sworn, on oat! Tim! am and 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 every day for one successive arid consecutive day in the issues on the following dates; April5 2010 SUBSCRIBED AND SWORN to me before Shin Sh da of March 7010 NOTARY PUBLIC in favor for the State of Alaska. Nly Commission expires 26- Aug -I2 5 being first duly nes he ;R'S A FIDAV AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:0Q P.M. KENAI CITY COUNCIL CHAMBERS hitg:Ihnw .d kenai ak us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial 0L), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG)," and Central Mixed Use Zones (CMU). 2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and by $1,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated. Revenues by $2.029,343.75 and Appropriations by in the Debt Service Fund 4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropnations by 54,660,000 in the Library Improvements Capital' Project Fund. a Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 Resolution Na 2010-20 Approving a Cooperative Agreement' Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction( Inc for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010' for the Total Amount of $4,178,516 00. 9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the':'' Capital Projects Manager from the Capital Projects Management Fund.. 10. Resolution No. 2010 -23 Opposing An Initiative Creating an Alaska Anti- Corruption Act Which Will be on the 2010 Alaska Primary Election Ballot. 11. PROTEST OF LIQUOR LICENSE RENEWAL LSM Ventures Inc., d/h /a Little Ski -Mo Drive Inn 12. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. 'Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM F: UNFINISHED BUSINESS 1. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515;000 3.'Ordinance No 2470 2010 increasing. Estimated: Revenues and Appropriations: by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children(ICAC). 4. Action Item Deed. of Trust/Assignment of Lease and Security. Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). 5 Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway: Farms. 7. Discussion Schedule Annual Evaluations of City Manager, City and City Clerk. 8. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. EXECUTIVE SESSION Pursuant to AS 2920020, AS 44.62.310, KMC' 1.15.030, and Kenai Charter, Section 2-6: To l discuss matters the immediate knowledge of which would Beady have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney; (1) Kenai Landing; Inc. (2) Potential Land Sale (TransCanada); and (3). Ma Pa Alaskan Treasures Inc /Robert 8 Debora Loveall lease dispute. 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 websde at hh?lp'1/www.ci.kenai.ak.us. Carol L. Frees, City Clerk D181/211'