Loading...
HomeMy WebLinkAbout2010-03-17 Council PacketMayor /Council Clerk Police Department Senior Center Library (2) Fire Department Attorney City Manager Finance Airport Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt 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 lbell@acsalaska.net): Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. A IC 111 WAN WAN III If j I /'�l s 1 11 s III 1 92 NS(SN 1 SMALLEY 1 MOORE 1 ELDRIDGE SIflOHw' rMOLLOY 1 BOYLE 1JOHNSON SMALLEY 1MOORE 1 ELDRIDGE 1 MARQUIS 1 MOLLOY 1 BOYLE PORTER A IC 111 WAN WAN III If j I /'�l s 11 1 II 92 NS(SN 1 SMALLEY 1 MOORE 1 ELDRIDGE SIflOHw' rMOLLOY 1 BOYLE PORTER O w J O 2 cn W cC 0 0 O 0 W 0 CO z 0 z 0 w O w O 0 0 J w 0) 5 cc O 0 w -J 0 CO W cc 0 d N z 0 c!) z 0 2 U) w cC 0 0 W W E o cc 0 -J J 0 w 0 m z 0 z 0 w J J Q w 0 0 5 O Q 2 0 -J O W 0 0 cc W H 0 0- COUNCIL MEETING OF ELDRIDGE ELDRIDGE 1 7 A 1111.1 1 I MI IN 1 1 III H IN II JOHNSON 1 SMALLEY MOORE A ELDRIDGE MARQUIS MOLLOY 1 BOYLE PORTER 11 ---A 1 11111 n 1 1 r 1 III H IN II 11 1 1 II 11 SMALLEY MOORE 3001HC11 NI 1 1 SMALLEY 32:100IN ELDRIDGE 1 MARQUIS 1 MOLLOY BOYLE PORTER MOLLOY BOYLE A ---A 1 11111 1 1 n 1 III 11111 IN III 11 1 1 II 11 SMALLEY MOORE 3001HC11 MARQUIS MOLLOY Q 1SON 1 SMALLEY MOORE ELDRIDGE MARQUIS MOLLOY BOYLE PORTER >11 '7 MiNNIMM IMENNIMI A 1 4 Lf/ 11111 I I III 11111 IN III 11 1 II 1 JOHNSON SMALLEY MOORE 3001HC11 MARQUIS MOLLOY alA0E1 PORTER >11 '7 MiNNIMM IMENNIMI A 712 1 Pr/ii 1 1 I III 11111 11 II I 30~ n 1 JOHNSON SMALLEY MOORE ELDRIDGE 1 MARQUIS MOLLOY [BOYLE PORTER COUNCIL MEETING OF 9 III 11 MIN SMALLEY MOORE 30C1121C113 MARQUIS MOLLOY BOYLE PORTER COUNCIL MEETING OF 1111 I 01 I I II 11 2 I III I 0 1111 I 01 111 II 2 I 2 2 I i.3 1 7'f'it. fir 74 'r ..."Q 4 ii.', ,711.9 **..i ORGMZIZATION 'Thetr' 0' r• `1.0 ..i." 5.4- "4 '41,7;''' d L'; 4 4n'. it ‘t ng.t. .rj C. 1 6 I■E 473- P t :WO 1 -,---7-; „sk ar 21 'I"- 7 4 I TESTIMONY SIGN-IN SHEET ADD AS: MARCH 17, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET 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. CONSENT AGENDA REQUESTED BY: Council Member Molloy 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 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. 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 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 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 3 3. 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 5 7 9 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 (ICAO) 15 7. Ordinance No. 2471 -2010 Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund Police Department to Purchase Equipment 17 8. Resolution No. 2010 -17 Recognizing the Year 2010 as the 50th Anniversary of the Incorporation of the City of Kenai 21 9. Resolution No. 2010 -18 Authorizing a Budget Transfer Within the Street Lighting Department to Cover Costs in Excess of Budgeted Amounts 42 10. Resolution No. 2010 -19 Approving a Grant in the Amount of $5,000 to the Kenai Watershed Forum 44 ITEM E: MINUTES 1. *Regular Meeting of March 3, 2010 46 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 62 2. Approval of Purchase Orders Exceeding $15,000 63 3. *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) 64 4. *Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant 67 5. *Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund 69 *Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund 71 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 73 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 9. Action Item Public Utility Easement Requests /City -Owned Properties to Alaska Communication Systems for Purpose of Installing Buried Communication Cables 80 10. Discussion Town Hall Meeting Plan Update 89 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 106 4. Library Commission 109 5. Parks Recreation Commission 6. Planning Zoning Commission 113 7. Miscellaneous Commissions and Committees a. Beautification Committee 117 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 121 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) 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.) 77 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 INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 17, 2010 Page No. 1. 3/3/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 133 2. Budget Transfer in Capital Projects in Excess of 5,000 3. 3/2/2010 R. Koch letter to National Marine Fisheries Service related to Designation of Critical Habitat for the Cook Inlet Beluga Whale 134 4. 3/11/2010 Kenai River special Management Area Advisory Board Meeting Agenda and 2/11/2010 meeting minutes 139 5. 2010 Kenai Community Library Commission, Goals and Objectives 2010 146 ah'of KENAI. ALASKA General Fund Increase Estimated Revenues: Miscellaneous Revenue ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2465 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,175 IN THE GENERAL FUND FOR A STATE FARM INSURANCE GRANT AWARDED FOR THE PURCHASE OF AN EDUCATIONAL 911 SIMULATOR PHONE. WHEREAS, City of Kenai public safety dispatchers provide 911 instruction to grade school students in local schools; and, WHEREAS, dispatchers have borrowed an education enhancing 911 simulator phone from Central Emergency Services to use during the instruction; and, WHEREAS, on February 8, 2010 the City of Kenai was awarded a $2,175 grant from State Farm Insurance to purchase a new 911 simulator phone for use in the classroom presentations; and, WHEREAS, the Communications Department is requesting appropriation of 52,175 to the General Fund, Communications Small Tools account to cover the purchase of the 911 simulator phone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations he increased as follows: Increase Appropriations: Communications Small Tools $2,175.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. New Text Underlined [DELETED TEXT BRACKETEDI Suggested by: Administration PAT PORTER, MAYOR $2,175.00 Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 the c# KENAJ, ALASKA MEMO: "K /Iaye with a Past, Ga'ty with a Future" '�II►f 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: 2/19/10 SUBJECT: Request ordinance appropriating State Farm Insurance grant funds for purchase of a 911 simulator phone City of Kenai dispatchers provide 911 educational instruction to 1 graders in our local schools. The dispatchers have borrowed a 911 simulator phone from Central Emergency Services as an effective teaching aid in the classroom. In October 2009, the Communications supervisor applied for a grant through State Farm Insurance to purchase our own 911 simulator phone. We received a letter from State Farm, dated 2/8/10, that we were awarded a grant for $2,175 to purchase the simulator phone. The grant award is for cost of the phone, including shipping. The simulator phone provides invaluable kinesthetic learning for the children to truly understand and experience how to properly communicate when calling 911. I am grateful that we were awarded the grant from State Farm Insurance. On 2/19/10, I provided a check for $2,175 from State Farm to the City of Kenai finance department. I am requesting an ordinance appropriating $2,175 from the general fund into the Communications Small Tools account so that we can move forward with purchasing the 911 simulator phone. 1992 cf K AL ALASKA CITY OF KENAI ORDINANCE NO. 2466 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500 IN THE GENERAL FUND CITY MANAGER DEPARTMENT TO PREPARE FOR THE CITY" S APPLICATION FOR THE 2011 ALL AMERICA CITY AWARD. WHEREAS, the City of Kenai received the designation as an "A11- America City" in 1992; and, WHEREAS, it is the City's intent to again vie for this distinguished award; and, WHEREAS, travel by a staff member to this year's competition will provide valuable insight into the process; and, WHEREAS, the entire application process is expected to cost $21,500 with the remaining funds to be appropriated as part of the FY2011 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance ATTEST: $1,500 Increase Appropriations: City Manager Travel Transportation $1,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. Carol L. Freas, City Clerk Approved by Finance: -3- PAT PORTER, MAYOR New Test Underlined (DELE TEXT BRACKETED] Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 the c# v KENAIVLLASKA MEMO: "Village with a Past, Gi with a Fixture 'illil 1992 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Christine Cunningham, Assistant to City Manager THROUGH: Rick Koch, City Manager DATE: February 24, 2010 SUBJECT: 2011 All- America City Award The purpose of this correspondence is to provide an update on the progress of the 2011 All America City Award Work Group which is comprised of 12 members committed to work over the next year on an application for Kenai to receive the 2011 All- America City Award, At its first meeting, December 17, the work group discussed the application /selection process, costs associated with the competition, and identified community projects which have resulted in a significant local impact an the community within the past five years. The work group agreed that there would be a greater chance of success if an application were submitted in 2011 rather than 2010, allowing for more time to gather information and include future projects. At its second meeting, January 28, the work group discussed sending one observer to travel to the All- America City Awards Competition in Kansas City, Missouri June 16 -18, 2010, discussed the application criteria requirements, and identified additional community projects that could be grouped together. Below is a fist of costs associated with sending one observer to attend the 2010 All-America City Competition: Registration Fees: 50.00 Airfare: 688.00 Rental Car: 116.20 Hotel /Motel: 160.00 Per Diem: 150.00 Mileage: 160.00 TOTAL: 1,324.20 KENOSKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,481.45 IN THE GENERAL FUND FOR BALLISTIC VEST REIMBURSEMENTS FROM THE U.S. DEPARTMENT OF JUSTICE. WHEREAS, in July 2009, the Kenai Police Department purchased five ballistic uniform vests for a total cost, with shipping, of $3,062.90 out of the Police Operating Supplies account; and, WHEREAS, the Kenai Police Department was awarded a grant by the U.S. Department of Justice to reimburse the Department for approximately fifty percent *50Z of the purchase price of three ballistic duty vests; and, WHEREAS, the Department of Justice has sent the City of Kenai a reimbursement check for $1,481.45; and, WHEREAS, the Police Department is requesting appropriation of $1,481.45 to the General Fund, Police Operating Supplies account for replacement of funds expended on the vests. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants Police $1,481.45 Increase Appropriations: Police Operating Supplies $1,481.45 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. A TTEST Carol L. Freas, City Clerk Approved by Finance: 7 CITY OF KENAI ORDINANCE NO. 2467-2010 -5- Suggested by: Administration PAT PORTER, MAYOR New Text Underlined' DELETED TEXT BRACKETED] Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 the of KEN ALASKA MEMO: 'Wage with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 2/18/10 SUBJECT: Request ordinance appropriating ballistic vest reimbursement funds. For the last several years the Kenai Police Department has been reimbursed through a grant by the U.S. Dept. of Justice for approximately 50 percent of ballistic uniform vest purchases. In July of 2009, the Kenai Police Department purchased 5 ballistic uniform vests with a total cost, including shipping, of $3,062.90. The vests were paid for out of the Police Operating Supplies account. In February of 2010, the City of Kenai received a check from the Department of Justice for $1,481.45 as reimbursement for the vests. I am requesting an ordinance appropriating $1,481.45 into the Police Operating Supplies account for replacement of funds expended on the vests. 1992 (/w y air KEN11 SKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,687.50 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, on January 6, 2010, the Kenai, Police Department received an asset forfeiture sharing check totaling $11,687.50 from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Department intends to purchase equipment, including: portable police radio, three patrol rifles, video evidence computer /software, portable road spike system, digital photo cameras, and a bore scope. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeiture $11,687.50 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2468 -2010 Increase Appropriations: Police Small Tools $11,687.50 7. CITY OF KENAI New Text Underlined [DELETED TEXT BRACKETED] Suggested by: Administration PAT PORTER, MAYOR Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 the city ate KENA, I ALASKA MEMO. Tillage with a Past, Gc with a Future 13?sx! w�n 'hIIlI 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 .FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 2/22/10 SUBJECT: Request ordinance appropriating drug seizure funds. On 1/6/10, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of $11,687.50 to the Kenai Police Department. These funds were related to asset forfeitures from two different defendants in 2007 criminal cases on the Kenai Peninsula. Per the 2009, U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. I am requesting an ordinance to appropriate these funds to the General Fund, Police Small Tools to help pay for new police equipment, including: Portable police radio 3 patrol rifles Video evidence computer /software Portable road spikes systems (aka Stinger spikes) Digital photo cameras A bore scope (for viewing concealed space). 1992 thcdtv KENAI,ALASKA CITY OF KENAI ORDINANCE NO. 2469 -2010 Suggested by: Mayor AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE GENERAL FUND NON DEPARTMENTAL TO PROVIDE A GRANT FOR THE RESTORATION OF THE HOLY ASSUMPTION OF THE VIRGIN MARY RUSSIAN ORTHODOX CHURCH, A NATIONAL HISTORIC LANDMARK, LOCATED IN OLD TOWN KENAI. WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, the Church has received a "Save America's Treasures Grant" to be administered by the National Parks Service for restoration and preservation of the landmark; and, WHEREAS, the $125,492 Federal Grant requires a local match of $129,895; and, WHEREAS, preservation of Kenai's only National Historic Landmark is important to the community's history and culture. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: General Fund Non Departmental Grants to Agencies New Text Underlined DELETED TEXT BRACKETED] 9 $10,000 $10,000 Ordinance No. 2469 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance 1 :a-t__ New Text Underlined; [DELETED TEXT BRACKETED _10_ PAT PORTER, MAYOR Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 The Holy Assumption of the Virgin Mary Russian Orthodox C A National Historic Landmark Kenai, Alaska There are only 49 National Historic Landmarks in the State of Alaska. One of the 49 is here in Kenai: the Holy Assumption of the Virgin Ma Russian Orthodox Church in Old Town. Our National Historic Landmark contains the church, the chapel, cemetery, and Ft. Kenay properties. 13 acres in total. It is the prime tourist destination in Kenai, and one of the most highly photographed sites on the Kenai Peninsula. In fact, here is the 2010 National Park Service Calendar with our Kenai Landmark for January. (Pass calendar around). This area was designated a National Historic Landmark for a number of reasons: o It is the principal and most enduring representative of Russian culture in southcentral Alaska from the time when the first Russian fur traders arrived on the banks of the Kenai River in the 1790's. Today, it is both an active parish and the destination of thousands of tourists who visit the Kenai Peninsula each year. o The missionaries and priests erected the first school at the site of the current Ft. Kenay building, educating children to read, write, grow vegetables, and learn basic building methods. o The priests brought the first access to public health in the form of smallpox vaccine after the first- epidemic- killed fiatf of the population on the Kenai Peninsula. o The Russian Orthodox Church icons date from the early 1700s when the first group of Russian missionaries came to Alaska. Our Lady of Kazan is considered to be one of the oldest non native pieces of art in the State of Alaska. o The church also served as a judicial center acting as arbiter between the Russian American Fur Trading Company and the native people. o Primary Resource Documents a re stored here in Kenai and the U.S. Library of Congress. Copies of these documents are also in the UAA archives. However, we are in danger of losing Kenai's historical property due to sagging log walls, a crumbling foundation, and no fire or theft alarm systems. in fact, The Alaska Association of Historic Preservation named the Kenai Russian Church to its Top Ten List of Endangered Properties in Alaska for 2011. Last year (2009), the church applied for and received a Federal Save America's Treasures Grant which is one of the largest and most successful federal grant programs for the protection of our nation's endangered and irreplaceable cultural heritage. Only National Historic Landmarks are considered for these federal matching fund grants. Here are some financial statistics: $125,492 Save America's Treasures Federal Grant Funds $129,895 Matching Funds Needed 53,000 Estimated Funds they have or will have shortly 76,895 Amount still needed to match as of February 8, 2010 -12- ME e with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 0 le TO: The City Council FROM: Mayor Patricia Porter DATE: February 11, 2009 SUBJECT: Preservation of the Holy Assumption Orthodox Church The Russian Orthodox Church in Old Town Kenai is one of only 49 National Historic Landmarks in Alaska, designated by the U.S National Parks Service (NPS). The NPS has teamed with the Local Parish to undertake a project to preserve the church, The Church is in danger of future collapse as a result of the structural deterioration of the walls. An engineering /architectural firm specializing in the preservation of historic properties has recently begun the design for this important project. The Kenai Russian Orthodox Church is much more than a church to our community. It is a tourist destination and a constant reminder of our community's history and cultural heritage. The estimated cost of the preservation project is approximately $260,000. The Parish is being supported by a "Save America's Treasures Grant" administered by the NPS in the amount of $125,492. This is a matching grant that requires a match of $129,895, Initially, the Parish thought they would be the recipient of a Rasmuson Foundation Tier II grant in the same amount, but given the present state of the economy, that did not come to pass In order to make up the matching funding shortfall the Parish is looking to the community and other funding sources. The following funding sources have been identified: Local Parish Funds 13,000 Rasmuson Foundation Tier I Grant 25,000 National Trust for Historical Preservation 5,000 Russian Orthodox Sacred Sites in Alaska 5,000 Kenai Historical Society 5,000 Total 53,000 -13- 'IIIi 1997 The Parish still needs to raise approximately $77,000 in order to match the NPS grant required tocomplete the project. I have spoken with Ms. Dorothy Gray, representing the Parish, and she has informed me she has requested funding from the Kenai Peninsula Borough, our local legislative delegation, the Kenai Soldotna Rotary Clubs, and others. I respectfully request the Kenai City Council direct the administration to prepare an ordinance which would provide a grant in the amount of $10,000 to the Kenai Russian Orthodox Church to assist in providing the needed match for the "Save ArnericB's Treasures" federal grant administered by the NPS. Thank you for your consideration of this request. -14- tc c, of KENAALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $602 IN THE GENERAL FUND FOR POLICE TRAINING REIMBURSEMENTS FROM INTERNET CRIMES AGAINST CHILDREN (ICAO). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and, WHEREAS, one Kenai Police Department investigator is scheduled to attend forensic electronic training from March 23 to March 25, 2030 in Anchorage; and, WHEREAS the ICAC regional director has approved reimbursing the Kenai Police Department for training costs ($602); and, WHEREAS, the Police Department is requesting appropriation of $602 to the General Fund, Police Transportation account for the reimbursement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police Federal Grants PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17T day of March, 2010. Ail EST: Increase Appropriations: Police Transportation $602 Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2470 -2010 -15- Suggested by: Administration PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED] $602 Introduced: March 3, 2010 Adopted: March 17, 2010 Effective: March 17, 2010 h of KENAI, ALASKA MEM e with a Past, Gcty with a Future' 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 2123110 SUBJECT: Request ordinance appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAC) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC). ICAC involves a network of law enforcement agencies who investigate internet crimes against children. Participating agencies also provide awareness and prevention education in the community. The ICAC regional coordinator in Anchorage has agreed to reimbursement the Kenai Police Department for an investigator to attend forensic electronic data training in Anchorage. The Police Transportation account was significantly depleted this budget year, largely due to an officer currently attending polygraph school. I am requesting an ordinance appropriating $602 into the Police Transportation account to cover the electronic data training costs in March of 2010. Upon completion of the course, ICAC will provide a training reimbursement check to the City of Kenai. the CL' of KENA� SKA CITY OF KENAI ORDINANCE NO. 2471 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE GENERAL FUND POLICE DEPARTMENT TO PURCHASE EQUIPMENT. WHEREAS, the Kenai Police Department patrols the beach areas of Kenai especially during the annual dipnet fishery; and, WHEREAS, in prior years the Alaska State Troopers has loaned the City an all- terrain vehicle for use during the dipnet fishery; and, WHEREAS, the proven utility of an all- terrain vehicle during the dipnet fishery would aid th.e Department in year round operations; and, WHEREAS, the Department is seeking to purchase a new all- terrain vehicle this spring in advance of the 2010 summer season and dipnet fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $15,000 Increase Appropriations: Police Iviachinery Equipment $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1.7th day of March, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: March 3, 2010 Approved by Finance: Adopted: March 17, 2010 Effective: March 17, 2010 New Text Underlined [DELETED TEXT BRACKETED/ -17- To: Chief Sandahl Fm: Lt Wannamaker Dt: 1 -12 -10 Re: Department ATV KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283 -7879 Fax (907) 283 -2267 O NDUM The need for a second Department ATV larger than our standard 4wheeler has particularly manifested itself during the past two Dipnet seasons, and was proven beneficial with the use of a Polaris Ranger 6wheeler, borrowed from AWT during July 2009. The benefit of the larger ATV included dual Officer occupancy in a protective cab, more useable space for gear equipment including a rear cargo bed which carried traffic cones, gas cans, miscellaneous multi- department supplies, and a medical emergency victim from their tent to the waiting ambulance that could not navigate the beach. A comparative analysis of several "side -by- side" ATVs was done, comparing similar models by Honda, Polaris, Yamaha, and John Deere. Kawasaki, Arctic Cat, Suzuki, 8z, Argo were also researched but did not have models similar to the others. Consideration was given to ease of operability, maintenance, specs, online reviews and cost; the Yamaha Rhino and Polaris Ranger rose to the top of the list. '2009 Yamaha Rhino 700 FT Auto 4x4 $10,999 w $11,549 2010 Polaris Rang 800XP S10,999 While the MSRP is similar the feature -to- feature comparison showed the Polaris Ranger to match/exceed the Rhino in: Fuel capacity, engine displacement, transmission, front rear suspension, front rear brakes, front rear tires, wheelbase, length/width /height, ground clearance, bed box dimension capacity, hitch towing rating, and warranty. Ranger models best suited for our consideration are 800XP, 800HD, and 800 Crew. Of these, the 800XP appears to offer the most "bang for your buck" in overall practical application to suit our purpose without extra bells whistles. The Polaris Ranger XP is built standard with a three- person seat, which could assist in transporting medics, patients, and other personnel /people for dipnet related activities; the Yamaha Rhino comes with only two bucket seats. -18- Yamah Rhin Ranger 800XP optional accessories relevant for purchase consideration include a windshield, roof, rear panel, external storage box, winch, and plow. Windshield options: auto quality glass ($650), general purpose optical -grade polycarbonate ($350), poly "hard coat" for extra abrasion resistance ($450). Roof options: Steel ($600), Polyethylene ($450). Rear panel options, Steel ($800), Poly ($500). Cargo box: Polaris 20 -gal bed box ($300). Winch: Polaris Integrated 4500# ($700), Plow: Standard ATV winch integrated plow ($1200) Adding a windshield to the ATV would give frontal protection to driver /occupant(s); a roof would provide added protection from overhead environmental elements. A rear panel would neutralize the low pressure area inherent behind a windshield -only open cab. A winch provides an option for off-road retrieval, and a plow rounds out the multi- season functionality of the ATV by adding the option for snow removal, vital to our parking lots between November April. The external cargo box (Polaris) custom fits into the bed behind the cab or along a sidewall and is lockable for secure gear storage. 2 -19- Polaris XP The purchase of a 2010 Polaris 804XP, described accessories (above), at MSRP, is expected to be between $12,999 $15,249. Written quotes were solicited from 3 Polaris dealers, A -1 Enterprises (Soldotna), Horner Saw Cycle (Homer), and Alaska Power Sports (Anchorage), and all three responded; their respective written quotes are attached to this memo. Homer Saw Cycle: $13,749.99 A -1 Enterprises, Inc.: $14,552.00 Alaska Power Sports: $15,600.00 Additional accessories making the Ranger XP a recognizable Police unit include the following: LED mini light bar w /mounting kit (Gall's R2LB #XX- LB465) $400. Kenai PD reflective decal kit (Gall's #DE134) $345 Both of these items would be installed by City Vehicle Maintenance Shop personnel. With the exception of the absent plow and Kenai Police specific decals, these photos closely depict the proposed Ranger XP. 3 -20- the cL'[' yr KEMAL ALASKA Suggested by Council Members Marquis Boyle CITY OF KENAI RESOLUTION NO. 2010 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE YEAR 2010 AS THE 50TH ANNIVERSARY OF THE INCORPORATION OF THE CITY OF KENAI, WHEREAS, in 1960, the population of the community of Kenai. was 743; and, WHEREAS, to address substantial community needs, residents of the community of Kenai believed it was essential to establish a local, organized municipal government to provide and plan for the orderly continued development of the area; and, WHEREAS, residents of the community of Kenai understood that an organized local government would help to address the impacts of increasing population and provide for orderly growth, would provide for public safety and services, and would help the residents in the area develop their economic opportunities as exploration and recovery of the area's natural resources, particularly oil and gas, increased; and, WHEREAS, on February 5, 1960, 115 persons residing in the community of Kenai, petitioned the District Court for the District of Alaska, Third Division in Anchorage, to authorize an election to determine whether or not to incorporate the City of Kenai; and, WHEREAS, the Petitioners envisioned fulfilling needs in the community of Kenai for better public safety protection, including police and fire protection; for zoning and building codes; for control of "liquor businesses" in the area; for construction and maintenance of common roads, streets, alleys, and sidewalks; for establishment of community water and sewage systems; and for the development of recreational areas and facilities; and WHEREAS, the court granted the petition and ordered a "Special Incorporation Election" be held in the best interests of the community of Kenai; and, WHEREAS, on May 10, 1960, a "Special Incorporation Election" was held asking residents if the City of Kenai should become a first class municipal corporation; and, WHEREAS, the results of the May 10, 1960 "Special Incorporation Election" were 181 votes for the question and 85 votes against; and, WHEREAS, a simple majority of votes was required, and was cast, so the question was approved, and May 10, 1960, thereby became the official date of incorporation of the City of Kenai; and, -21- Resolution No. 2010 -17 Page 2 of 2 WHEREAS, in the year 2010, there is substantial tangible, physical proof of the realization of the Petitioners' vision of the continuing orderly development of the City of Kenai while maintaining the quality of life in this community; and, WHEREAS, since the 1960 incorporation election, the population of the City of Kenai has grown to an estimated 7,115 residents, and many new persons, families, businesses, and industries have made their home in the City of Kenai; and, WHEREAS, it is appropriate to celebrate the achievements of the City of Kenai, and thereby to celebrate residents and businesses who helped to form this community and municipality; and, WHEREAS, a 50th anniversary celebration of the incorporation of the City of Kenai will honor the "sense of community" and the unity of the area's people and businesses, which sensibilities were reflected 50 years ago when the Petitioners embarked upon the process to form as a first -class municipal government and which still are alive today in. the City of Kenai. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, as follows: 1. The City of Kenai recognizes the year 2010 as the 50th anniversary of the incorporation of the City of Kenai; and, 2. The members of the Council place on the record their appreciation of the valued service rendered during the last 50 years by the great succession of individuals who, as public men and women or as private citizens, contributed in any way to the welfare and progress of the wonderful city which is today the City of Kenai; and, 3. The City Council will schedule a work session, the purpose of which is to form an ad -hoc 50th Anniversary Celebration Committee, to recommend the goals and the events of the celebration; and, 4. In the budget work sessions for FY 2011, the City Council will address a reasonable budget for the 50th anniversary celebration events that will occur in the 2010 2011 fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of March, 2010. A TTE ST Carol Freas, City Clerk PAT PORTER, MAYOR -22- RYAN MARQUIS UIS (907) 283 -7405 Ph. (907) 398 -8058 Cell rVaf(tt�,triargnisforkenai.com re; yor Porter, Council Members Eldridge, Molloy, Iviaore, Smalley Flinn; Gauncll Members Rya .Ivl r tlis?and Mile F e bath 3 -08 -2010 t Subject! Resolution:No.2010 -:17: AResolution 0 City Council The City of Kenai, Alaska, Recognizing The Year 2010 As The 50th Anniversary -Of incorporation Of The .City Of Kenai As I had mentioned at a previous Council Meeting, through online tenor d searches I realized that may l marks the S0"' annive�ary of the incorporation ofthe City ofKertai. I believe it is fitting to publicly recognize and palebrate the event and to use if as an opportunity to take a look back at all ofthe achievements that have been made over the past half century, Supporting the resolution are some documents f found that I felt were fitting to be included as part of the resolution. I believe thatthe7public witl findthein interesting. -23- The City of Kenai was incorporated that to the efforts of hard- working citizens That had a vision of what their City could be As described in this resolution, one becomes aware of how well their hard work paid off. We recognize that.this resolution has come aver the point in which badge recommendations were to` be sent -to the City adin% ushaion, however, I had just recently become aware of the upcoming Milestone. It would be unfortunate to Let pass without celebration and recognition of the anniversary, We ask for your support of this and look forward to working together at -the work- session that this resolution calls for to ,properly recognize the efforts of all those that helped the City of Kenai become what it is today: TO WHOM IT MAY. CONCERT: Ve, the undersigned, have acted. as election judges in all public elections in the Kenai Area in the last four years. We have studied the signatures On the attached petition for incorporation of the City of Kenai and find that there are 4/ 6 adult, bonafide residents vho are citizens of the United States. -24- The undersigned, Louis Nissen, Ralph Petterson and Albert Munson appeared before me Svprn and Subscribed this -z2g day of March, 1960 Rotary Public for Alaska Residing at Kenai, Alaska imuffT MI_ My Commission 5.0!5xes March, 13, 1963 FLZEIVICP IN IWIDENCE NIAR 2R 1960 cAusE 44 X? By ....11Cla,t,AcL7,4‘,Zaputy SITSJECT City of Ketai History Forwarded with this memo are one or more files accumulated in connection with the. incorpdration af the City of Kena. Thexe L eil kin histericsl_Information which will becomaincressinein with the passage of time, I believe the custody of these, riles should be retained by the City itself, rather than the city attorney, because my filing system is not necessarily an official part of the records system of the City of. Kenai (and logical extna tIon, the State of Alaska). Mayor and City Council I have •thotgght it important to cell' this action. of forwarding of mattera for filing to the attention of the entire City of Kenai administration because the• recall of individual participants in city actfoities can frequently play a moat important part in a. denten:ding sense of commvnity. In the anent you would have time to compare some of the allegations and exhibits presented to the copmt in batalf o:€ (and opponed to) Lacorporation. of Kenai, you would find. then to be most interestfrng when viewed from our present time We are aware, of the many tangible, physicai evidences. of Progress in the City of Kenai, Probably the moot important achieve- ment in Kenai is the."sene of community" and the unity that goes with. it. This unity :La not without dissent, it is n. fragile asset uthich can be easily marred or shattered by lack, of understanding. This sense of unity has been. very recently demonstrated by the vote on the airport terminal building. In an uncontested matter which was presented by a written proposition which is almost unintelligi- ble, the citizens of Kenai displayed a profound ttust by their favorable vote of 108 to 1 favoring the proposition presented by the administration. 1 believe the sense of unity of the community of Kenai it probably its most important actievement,which enable Kenai to do anything that it feels it is capable. of doing. These comments are, of. course, more philosoptical than hominess 'Ike. However, it is important to pay attention to some of the in- tangible. forces in a community like Kenai because we so frequently -25- CITY OF KENAI nvazac it a Paid eedir, wait a ogettae" BOX 580 KENAI, ALASKA TEL. 283-7535 25 April, 1966 Memo to Mayor and City Council Page 2 25 April, 1966 become engrossed, in the details of operation that the reason fcm the operation's being sometimes tends to be overlooked--cs 7 e h I \./-1744.4C4e 47;* -26- JAPgi E. FISHER citi7 Attorne y J I 1 BURTON 0, OISE YTYPNNEY AT LAW CI ANCHORAGC, ALASKA Tao LS a± Fd«42 IN THE DISTRICT COURT FoR THE BiSTRIST GE ALASKA, WIRD DIVIST0N AT iiIICROSAGE In the hatter of the Incorporation of the City of KeR41 as a municipal eorporatiou of the First Class -27- No. OR= SETTINC DaTS FOR MEARINS Upon the Petition of the petitioners alcd with this Court oo the Ste day of Fehruary, 190, IT IS REERBY OaDERED that the hearing upon the tetition filed herein be held beton this Court on the (k ney of 22jL 1360, at _/3 deit. e'clock in theg/Zyncen of that date Dr at itch tither time as may meet the convenience of the Court. AND IT 13 ruts man, 'Oat the name designated for the ProPannn tondicicoal coopmaation 1.4 'City of Kauai" and that the boannitrtA3cett Wad nod:mood corporation are as fdildwat Aa'a Aowee of orienzatton beila at the Nartheast corner of Nation ardentymthree T.6 K., R. TE„ Seward meridian asp a putt of beginning and herein referred to ae Corner #1 thelitt South altos Che Fslot ftetiOU ltne 0# said Sectl.on 23 to the Mortheact Cotner of the Southeast coo fourth 00 the 6outheeat quarter ofi the said Section 23 T.6 R., R.12, W. Seward botanist; to Corner #2; thence proceed at rtght anglee East to the Nortbwaat ecanar of the Southweet0ane-foutta of the Southmeat downed of &cotton 24, T.6 N., R.12 0., Seward Meridian to Cotner 03 thence South the Otte Soatt hoondor at Said itatiad Z4, T.6 N., R.12 W. to Cvnst #4; thence lalar ale the section lines come= to Sections 24 and as to 0 Want 330 an "Neat of the Northeast corner uf the W•rt•weat caarter of Section 25, T.6 R. R-10 W., Seed YerWiett to Comer 05; thence South to a point 330 feet Waat of the Northwest corner of the Southeast quarter of Section 25, T.6 M,, 4.12 W. Seward Meridian to Cornea #6, thence traverse Rest to the. t arttzeast Corner e Southwest quarter of Section 29, T.6 N., R Seward Meridian to Corner fF; t&aatace North Northwest corner of the Notches at quarter of 26 T'.6 X., R.11 W. of the &aware 'Meridian to 1; thence Real to the Worthwast corner of the quarter of uee.tica 24, T.6 M 1.11. W.,. Seward to Corner *9; thence South to the Southwest corn the N'artheenst quarter of Section 24, T.at N., R.1: Seward Meridian., to Garner *10; thence. &est to the Northeast earner of the Southeast quarter of Section 24, T.6 N., 2.11 W., Sewed Meridian to Corner #k1; thence la< slrrrtf, the baundaary lines tammee to R.11 W. and T.6 N., to the Northwest earner of the South- :-fourth of the Southwest quarter of Section 31, T,6 N., t.10 W. to Comer 6`12, thence East to ";he R"orthaeet career of the. Snutbeaaat: one- fourth of the Southeast quarter of Station 31, T.6 N., R.16 W.., Seward Meridian, to Corner #13; thence Soaath to the Narthweet earner. of Section fl, T.5. N., &,1O W.,, Sewall Meridian, to Corner #14; theact East to the Northwest cu.•ne°r of the Northeast quarteer, of Section /,1 T.5 N., R.10 W., Reward Barthian, ta+ Corner *1.51 thence Swath to. the Southeast corner o@ the Northwest quarter of 3acfloo 6, T.5 N.., L1G W., Seward Meridi:aan to Carnet *le; theme West to the Nestheaat e.otraer of the *krthweat cane- faaurth of the Southwest quarter ef Section a, T.5 r1 R.LQ Wt.,. Sand Meridian, to Corner 117; thence South to the Southeast corner of the Northwest one- fourth of the Southwweat quarter of Section C, 7.5 N., R.10 W., Seward raeridi.an, to Cornea *18; taxetaca What to the ;Northwest earner al the Southeast one foartra of time 6out4e4Mt quarter of &action 7, T.5 N., x.,i W., Renard Meridian, to. Garner *19; thence South tcc t .hwest eerrmei of the. 6oxnth et one -fearth of the ottatlZCSSSt quarter of Smarten 7, T. N., 1,. 10. W., Sewerd fld.:.aat, to Corner *20; th;arce West to the mast West r y bavni of the &tai lti,ber tea Corne'x #11.; thence along the heft s da of the Men ai River at hi& water mark gam dews a point that is amen to the Nast line. of Seat.;.. West Line of Seat toe Lk, R.11. W., 7.3 X., Seward dier, to Cornet *2 tlaenzce travexm South tta:r the Southeast earner o Wer'idlen, to Cotner of Section 22, nor 124i thence t't .idiot 34, T. tN., R."s':l; a2s thence Meet to the [4t tt -28- u<, T N., Seward het'bleartkte, eat heard Meridian, 1 1ko Southwest of a Comer a 2 e f shore rasa fl8; ttt tan taps; a.CX' cyk tha arrived et. to ever LT LS ?UKTHFS''n 0apgRso that a typewritten copy of shall be posted in threw et the most potato placee within the t (30) days, prior to t t SitBi<Yend pleas hear tixaasae whe al7e 136E y proposed to be incorporated at least thirty the best interest and Y, °hangs or ;peaty ac Dated at Maenad, Alaska,, aeideration *f saaid Net;i.t;ion, favor and these who are opposed y order, -29- r ,t !c Ve (•'r, -d7 p r .i %O re-, fi ttehfh•a i. L. 66C �J -eu q S 86 Cl'e /t«Kii YCese y ,.r4 /o,. 6104.t1e e f4 A. J fe, .1..y t e r 9 aY4Y1YYY Yea4tleOY YIH1111MYNIMMPpYRtlYbYpP W 11lPPptlPPtlPppPP1Y e Al 9.n4 c z€C fr&Pl- :274 ,ice. 6 -@i 7 8 G ImotTt 0L tMe to rebores Vote by plowing an "K" to the right of year choice: Jenne K. Prate Wane Palters vWM Edddaen rl d'7 0 37 Inoerpm'atien Eleeildt emi, Alaska May 10 196R POt ineerperation of the City of Kenai AMINT ii of the City of Kenai a p C r 1660 IMIHOHP44ae4ea4Y4eeP4eMYY44YNOp 4 IIMM YYYItH18 4Y6YYYYYYYYNWYPYYYYYYMYYPYYJM aMYBYYYiYYYKYYYY Cameral Municipal Eleotlttti City of Renal, Aimee Kay 10, 1960 Inetrimtlme to votress "Vote by placing an "K" in the apace to the right of pram far tenth You viah to vote. taw Per term to serve until next canal eleetien. veld far Bevan. Tem Derdinalli Carl Eeuor David Dotal Boyer TJ'/ Daum E.. tatead Seta Cehe a2 lJ /trrat ae B. levee allied (artier fl 1.7 Jerry e. Bebarb R.P."DNce"Daering 17/8' Reim C. Janos Do1ehek r' a abort C. Lae Jima L. Deena ar DPI. Clereeae March Arthir Pose CR Richard I. Nrgan 4 fr Carl B. Swan= Alm Swanse% Dale Tynan Y4aa.//e,Y..Mee**4/4 Y« YPkYRY «Pp4YYa4aaYYY4pYPYYYY.YPYbYYY -30- 1^! V a8- D 7 h J o z c -T v 038` 3 o' -z D%Z9 5 0 '15' MR ONNAAT R II Sam* Dona4 GENERAL ELECTION BALLOT Mt*vS,oe SAM Rib Ilat0. mibvseta wveryorAda(n a one witty Moranenb.seanwy,far ee ookacw nwlw an 0.1 OWNnie sate top WWI ynAq YOU may Moor amaian 8m b bl lank wProvdad, bt. B EM6 CRATIC REPUBLICAN o o PnsMat and Vice PSdent Presided and Vice President r Owes F. 1 t7 24394 BARD St. .U e KW n 61 [MOOT Oa Rod States Daman ren. m On) a•ETLNrr, e lw aim) 42b0 United Stenos Sena Moto for mw BBasY [Res I. Mae /70 d SMtn Repnnostative Yoked Siafss Ro pronnm6{o 0 owt ft'em loam! 0 MVOS. RALPH J. e2 nnz Man Stale Senor Dada E roWA•vAR Temt Am MMa1 OYAS$1100 B. a nv s 7a E a tj❑j? Swim 0 enwrap wows 64 Nov tw PHILLIPS. VANGS 0 2 m030¢, A .7, /A. ate Senator O 10 0 Slate Senator DUMP E TWO. WAR T•eM (Vale W Oro) PaiAC& HOWNW W. plp6 Slats Repnsntaltvas ryuo (w (Mei BONDING PROPOSITION BALLOT nn 139y1xUe Ow want "Yoe Wall In remand w a ma Inc An OtrWb tin wore "NN' WWI bo ranrlad no veb agpinet Oro beM wrap, Bonding Proposition No. 1 O. 1St 04100 Om• Gnam•l OMita m Bnian Hato. MANED thy nni MOM? e Set .4 ev own teSiww bwmaM /mawdrle Mw for the papa WYM Mier petted n Yf onion MmW UdVlYnpna Iw 0.44Np Y 4¢Myma vatle.W BONDS —TES /3v/ BONDS —No 274 3 1 .t Y7 OONim —NO 6 Bonding Proposition No. 2 q w OM Owe acaerd OMMlIa NOV ad nma Bomb. eneaaW doesd*MOMNRIYFPYp0 WMMIY 0a114I. Sat Nob p0e•n u4e el MbeYftlamRWAtl anon W1 Mr Ne% p.WYkw4what h MIMn*S IIv ur lmn 091 M,Kap lb pan. .4 COMW.1.14 W p.mnnuaY�yThire Wasuy�yu,aevp qlp lemma. IvrtY W1W xtfine. vA M[hY.ye BOWES —YES /60 name —no 266 Bonding Proposition No. 8 M. m, OA W 01l0 OtmM O6110 Monv 0 nm am4 hNim BIM $100.11 04115 &SO 1 {Mew Inn al Jai µgg «M1 a Y� e.M Mmlwamapenn (IraWeelh.pvlp9W"W.N yn ell PM M4 °u e dM7 m1 ral t i t i li ta w w "m. BONDS —TES 27.7 fames —No 79 D onding Proposition No. 4 en to •IA mY 03 oMteWm Dede «dtP at Abb Hales, a AS° tlAln'u NwemeawrY aOa**. 9.94. a M VW") wn4 even anlnrt InrYN eu u sR4w eo- p. tm t9. Iainunllrg M w ad ""4 141 .qw. "o'�et'mwwaiv w 1U. i ww. 007013 .Uq BONDS—NO 0 /re B ondhsg Proposition No. 5 mw nw tm amoral ASS' nxpW Cmromka wad B{•awwl Mot. WOW el deg in. artri e sand mt9flea No nb pMeX mnal �9Mb nnpmp..l Mr i BamR ■TPA 91 2 7G 3000 —NO A r' Bonding Proposition No. 6 la. ■4. &.M1 KG% &Nra Gwen OMe,Om Abend Bon& *UMW POW al p m 4A e w l e u n wl "I iw lonnit9sow On n *019pg� MWbfined iM nos itskr See tut puµepmat renal Wm0.TM rm al 1m Me..eweeWMOpbaaM 0.144P+..l,v owl ligw.f. wua Sib mr44. Emir o r JOB N B. lSYMwt n Vaal n MB DETIBT a GENERAL BLBCTION BALLOT Samba 0, 1000 4040 1• (0 L'y:nY.�t'L4a ma-YD. rvp�.�. Ib more t E DBE nom OTovatooveyamlate ne pot,Wtlmnady,ycuwoy“br Ianw Enke An QOM Ilm *EYE nw top mlha pony !Unto okay In Ommb04 egwormW4od, TIC Unitas! States ReireWNOlive Dom tor DM 0 tavae, BALM at 3 Staten Daia DI B p BYAB, Jnnc B. e Stan Senator Dimtat B TWO.YBN( Sean moo M 0 p ^23C4.e Una Y R i 7 1 President Padden United Status Senator Oa for 0110 BABtLEyr, e L lam 23 p ry b Jnn Roprematatives Merle b O.ol aoacY 46.1 United States Senator oda m Co* p MCBtNLSZ LED LWaal WBad States Rapreantatlw men to ion p BETEL, B. L awl 6 7 Seta Sal DWrkt 2 9Oa.nwe nma Ina b nut PNnLPS, VANOB 4 Stange t3ddk t N to Senator Weald Mao WAR WIM Nnn IN er PiEJAXIE UCWABD a. 4 State RepaseMatives IV01. 4641 p BNDDn L1O a. 8 A.. BONING PROPOSITION BALLOT A• Ira.RLm4M O1 Ra l "SW dull ba modal a v 409 tar *At DO Opp s the ad `No all be mom an von agacl Im Sod tt.i Bonding Preposition No, f NM. IN. BM MO SW. Gard O0 011*0. Bm(4Ma Buda BAO.d$Gd mumlb4b a V Abdb lm4 N 44,09 1Btir WN 41 4 4 1 4*4109 NNR ynn n wYm routta mYwpxbnmm Wlp Im v. M V/ unnmytln WAmlbulMWm 0,041 11P.Yf bl wpnalur qau b� bm �'w im w l °l aw •west 0,"09094. UMW— YES p BV BONDS —NO 0 e t Zt Banding PrapaitIar No. 2 W. 00 fib. 0KJ Slate Mad Olasta Vory W Bad Bonds. aa,dln4* *Mn 041 Dab M AIN IMPS 0909,00 Oilman MO. b 144 Maba 11 m lbr{YtnpooMXrypiNew Mb YiNI 094 4M01"O14ryu t* 109410i 09 a* artaL YN11Nl 0 410 b Na l40WV 0M Ib BOND S.- N60b4 W n di t BONDS—YES p /6.0 BONDS•110 Re Banding Preposition No. S 0909E nl. AN 00* ObadaanVomlMwi Bawdlw Seta. aA0W4 AMb 444440940 a0lNbw1Mllapl0.40lI aY NVW bvWna NYMG atla mewl w ai0N0 W.w■cfi09 1 yiM1 Min S1o law Nnee W*Win d! et 91440 tµ` IM I d lab444nw*I4*lf Imptew BONDS —YYS. 0 AM B0NDS■NO 0 Bonding Proposition No. 4 ai ALI me EMS Nand OMNraa adawey of Mat Boa a aOW p N ail 0SM.. a' 114 m1 4.mn p to b 9* 101sa o .4 X104 N m aeMn� 0* W 4 .1.". b wni. J"mm.lw 1 "109 BONDS— ITS p a t 6 BONDS —NO SO Bonding Preposition Na 5 m. as mm am Cara asa B b. tl a 090910 Nn Wool Ala. low are man M1M4 tarp a be amen rat ce 091 a.wH rb rues 1,109 090, 4 9*-.am. a11Y b WeYl09 l .S K W m wo.a lw.� BONDS —YES 0 A'/6 BON00 —X0 p g Boning Proposition No.6 1444% 111A IMO Mato Wad O4Bpem AlpaN ands, ILE1403 o"b b 01 1v 40409 a MO 444 p .ea r s entail ma maiming Ma 144 80047 en444 MIY faith WLbi, -32- norms— p A St BONDS NO p r in-ediathe ;gm, t4f�l'. redo. +.t!' t7te 1 9 Pr` �•FU.•i"If'NTQ�. w..• -13 n inknI t.e i .,„..„.......1 MMM MMNNM MYYWWWWNMMMYNNYNMMCaMMNMMMM NMNMMMNMMMM t 4VJ.i 6 s1 (bout 4dr /!1 8 1 /et r4t/.r /q 474• r Tfen OSal 7seerpratien rolled Kenai, Alaehe Mlr 20, 1960 taco to vetero. Vote tb placing it MRM to the right of your ahriob; FOR taaem� of the City of Renal c 19 1 ACAIHBT Saoorpration of the City et Renal D 8 3 MMYMYMYMYMYaMMMMMMMMMMMMM MY MM NMMYMMtlMMYMMMMeMYMMMMMMYYMMMMM MMMMMNMMMNWW1010MNMMMMMNMNMM MMMNMMMMUORAt dINW MNNNM WW* Cameral Hwiotpel Sleation City of Kenai, Alaska Rey 10, 1960 lnotawtiona to voters: yobs preen t *S placing an ote.. epee to the right a CC1SiC1114411 Ver term to error until next annual election. Veto foe sewn. Tnv bardipesu b VD Carl Heller 0 S� Dwid Hwtb Beyer tip/ Donald Z. H511steed L 3 *ion* bo a Z:2 0. Reyes T1 llr 7 Hillier Cutler 0 1$ Jerry 0. Hfbirt fri yit H.l,'Vte"Dearing c/8' Helen 0. done Bail b1. IW1C Dill Albert C. Le L f Z Jrcee L. Duren: Clarence Web .3, Arthur lbee an Richard 1. Morgan C7 38" p Carl R. Swenson D!?..� S f7 John Swenaea D /+Z 9 Jamie R. Bente Anent) Fulton Caine Hatddnen th32 Dale Turmoil 6/ NYIn- NMnu'--""nWMMNM,MMMMMMMMNMMM W MMMMMYNMMMMMNMMM aL -33- 0 -34- -35- m t »w triotaim, *wA -_w a+ hate Lana pal is that g.$^ wok r m _*_*r7r__.r-_ -41- the CC Vof KENAI, ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE STREET LIGHTING DEPARTMENT TO COVER COSTS IN EXCESS OF BUDGETED AMOUNTS. WHERES, the City's stock of streetlight poles is depleted due to unexpected replacement needs; and, WHEREAS, the Street Lighting Department has expended the majority of its Operating Supplies and there are insufficient funds in that account to restock the supply of streetlight poles; and, WHEREAS, the Street Lighting Department Repair and Maintenance has excess funds available for transfer to facilitate the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund Street Lights From: Repair and Maintenance To: Operating 86 Repair Supplies Al LEST: Approved by Finance; Carol L. Freas, City Clerk RESOLUTION NO. 2010 -18 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. CITY OF KENAI PAT PORTER, MAYOR -42- Suggested by: Administration $10,000 10,000 {e city 1 KEN .AALASKA MEMO: Rick, Tillage with a Past, CI 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: March 10, 2010 SUBJECT: Resolution 2010 -18; Budget Transfer within Street Lighting Department with a Future" 11 11 1 1992 This is in support of Resolution 2010 -18 for Council approval of the budget transfer of $10,000 from the Buildings Department Repair and Maintenance account (001 -435- 4538) to Operating Supplies (001- 435- 2022). The City's stock of street light poles is depleted and needs replacing. The last street pole in our stock was used to replace a pole that was damaged in a traffic accident. We propose to purchase three street light poles to replenish our inventory. These funds are available for this transfer from the Streets Lighting Repair and Maintenance account. We have sufficient street light supplies for this year in the Operating Supplies account. I recommend $10,000 be transferred from Repair and Maintenance to Operating Supplies to purchase three replacement street light poles. the ci or KENAI. ARM CITY OF KENAI RESOLUTION NO. 2010 -19 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A GRANT IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) TO THE KENAI WATERSHED FORUM. WHEREAS, the Kenai Watershed Forum. (KWF) has performed baseline water quality sampling of the Kenai River since 2000; and, WHEREAS, this grant funding will be used by KWF to pay for analysis of water samples from twenty -two sites on the Kenai River, including sites in the City of Kenai at No Name Creek and at the Kenai City Dock; and, WHEREAS, the total cost of water sample analysis is approximately $20,000; and, WHEREAS, the Kenai Peninsula Borough, the Kenai National Wildlife Refuge, the U.S. Forest Service, and the City of Soldotna, all provide support for this project; and, WHEREAS, this project contributes to the health of the Kenai River and its commercial, sport, subsistence, and personal use fisheries. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, approves a grant in the amount of Five Thousand Dollars ($5,000.00) to the Kenai Watershed Forum for the Kenai River Baseline Water Monitoring Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2010. ATTEST: Carol L. Freas, City Clerk -44- PAT PORTER, MAYOR December 9, 2009 Mr. Rick Koch City Manager 210 Fidalgo Avenue Kenai, AK 99611 -7794 Request for funding for Kenai River Baseline Monitoring Project. 1 am writing this letter to request $5,000 per year to help fund the Kenai River Baseline Monitoring Project. The City of Kenai has been involved with this project since its inception in 2000, The funds will be used to help pay for the analysis of water samples collected twice a year from 22 sites on the Kenai River and its tributaries. Two of these sites are located in the City of Kenai: No Name Creek and River Mile 1.5 on the Kenai River (City Dock], which is at the heart of the dip net fishery. Our cost for sample analysis is approximately $20,000 per year. Analytica Group analyses the samples and provides us with a 30% discount, which amounts to approximately $5,000 per year. Partners provide support for this project in a variety of ways. The Borough, the Kenai National Wildlife Refuge and the US Forest Service each provide approximately S5,000 per year to help pay for the analysis of water samples. The City of Soldotna provides laboratory space and analyzes water samples. These services are worth approximately $5,000 per year. Other partners provide staff time to assist with the collection of samples. Thank you for your support of this program and for your consideration of this request. If you have any questions about this request, or need more information about the Baseline Monitoring Project, please feel free to contact me. Jim Czarnezki Water Quality Coordinator Kenai Watershed Forum PO Box 2937 Soldotna, AK 99669 260-5478 -45- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:! /www.ci.kenai..ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders, ITEM 3: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. David Caswell, State Director, Honor and Rernernber of Alaska Honor and Remember Flag ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its February 3, 2010 meeting, the City Council postponed Resolution No. 2010 -07 to March 3, 2010.) Resolution No. 2010 -13 Authorizing a Budget Transfer of $10 Within the Water and Sewer Special Revenue Fund Sewer Department. Resolution No. 2010 -14 Authorizing the City Manager to Enter Into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. Resolution No. 2010 -15 Opposing House Bill Number 266. 5. Resolution No. 2010 -16 Supporting Senate Bill Number 220. -46- 6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center, License #297 Recreational Site. ITEM E: MINUTES 1. *Regular Meeting of February 17, 2010. 2. *January 4, 2010 Work Session Notes 3. *January 27, 2010 Work Session Notes 4. *December 8, 2009 Work Session Notes ITEM F: UNPUNISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2465-2010 Increasing Estimated Revenues and Appropriations by $2,175 in the General Fund for a State Farm Insurance Grant Awarded for the Purchase of an Educational 911 Simulator Phone. 4. *Ordinance No. 2466 -2010 Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund City Manager Department to Prepare for the City's Application for the 2011 All- America City Award. 5. *Ordinance No. 2467 -2010 Increasing Estimated Revenues and Appropriations by $1,481.45 in the General Fund for Ballistic Vest Reimbursements from the U.S. Department of Justice. 6. *Ordinance No. 2468 -2010 Increasing Estimated Revenues and Appropriations by $11,687.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 7. *Ordinance No. 2469-2010 Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund Non Departmental to Provide a Grant for the Restoration of the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town Kenai. 8. *Ordinance No. 2470 -2010 Increasing Estimated Revenues and Appropriations by $602 in the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAO). *Ordinance No. 2471 -2010 Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund Police Department to Purchase Equipment. -47- 10. Approval Chevron North America Exploration and Production Company /Extension of Lease Alaska Fire Training Center. 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 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized. Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 24I2 -2009 is active.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days (April 6, 2010), with a progress report to be given at each council meeting.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 -48- Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) EXECUTIVE SESSION Financial matters, disclosure of which could have an adverse effect on the City. ITEM M: ADJOURNMENT -49- ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING MARCH 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance A -2. ROLL CALL The City Clerk took roll. Present were: Mike Boyle I Pat Porter, Mayor Barry Eldridge Ryan Marquis Absent was: Joe Moore A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: MOTION: A -4. CONSENT AGENDA MOTION: -50- Hal Smalley Vice Mayor Robert Molloy ADD AS: Information Item No. 7 R. Koch memorandum related to the Library Expansion Bond. Council Member Smalley MOVED for approval of the agenda with the addition. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 2 Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. David Caswell, State Director, Honor and Remember of Alaska Honor and Remember Flag. Mr. Caswell stated his address as P.O. Box 588, Sterling, AK and gave a presentation related to the development of the Honor and Remember Flag Program, a national remembrance flag developed to represent sacrifices of military personnel from all wars and conflicts beginning with the Revolutionary War. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Deandra Latz and Anna Jumtina Ms. Latz and Jumtina reported they were involved in a "March for Meals" fundraiser for their high school government project. They invited all to attend and participate in the March 12, 2010 event to be held at the Kenai Senior Center. All funds collected would go toward the Meals on Wheels Program at the Center. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker D -1. MOTION TO POSTPONE: Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its February 3, 2010 meeting, the City Council postponed Resolution No. 2010 -07 to March 3, 2010.) Council Member Molloy reported the Council held a work session on the resolution and suggested changes of the council would be incorporated into a substitute resolution and presented for consideration on a future agenda. Council Member Molloy MOVED to postpone Resolution No. 2010 -07 to the second council meeting in April (April 21, 2010). Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. BREAK TAKEN: 7:25 P.M. BACK TO ORDER: 7:30 P.M. -51- KENAI CITY COUNCIL MEETING MARCH 3, 20W PAGE 3 D -2, Resolution No. 2010 -13 Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund Sewer Department. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2010 -13 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 -3. Resolution No. 2010 -14 Authorizing the City Manager to Enter Into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -14 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the bidder was the current lessee. VOTE: There were no objections. SO ORDERED. D -4. Resolution No. 2010 -15 Opposing House Bill Number 266. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -15 and Council Member Molloy. SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch reported it did not seem the bill would move much during the legislative session and suggested action on the resolution be postponed indefinitely. If it appeared the bill would be considered during the session, the resolution could then be brought back to council. -52- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 4 MOTION TO POSTPONE: Council member Eldridge MOVED to postpone Resolution No. 2010 -15 to no time certain and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: There were no objections. SO ORDERED. D -5. Resolution No. 2010 -16 Supporting Senate Bill Number 220. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -16 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. MOTION TO AMEND: Council Member Smalley MOVED to amend the first "whereas" paragraph removing "House" and insert "Senate" and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. Council comments included: Council Member Moore suggested the resolution but was absent from the meeting. A discussion with Moore indicated he had not requested the resolution be postponed, Support for the resolution as it would establish a state energy policy to promote development of renewable energy resources; promote development, transport and efficient use of nonrenewable energy resources; and, neither the resolution nor the bill were taking a position on tax issues. The bill could get hung up in the legislative finance committees, but it was a good start as it had a lot of good policy included in it. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the bidder was the current lessee. VOTE ON MAIN AMENDED MOTION: -53- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 5 There were no objections. SO ORDERED. D -6. PROTEST LIQUOR LICENSE RENEWAL Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center, License #297 Recreational Site. Clerk Freas reviewed the information included in the packet, noting Alaskalanes, Inc. was not current with the City or the Borough; the time allotted for the City to respond would run out on March 12; and, if amounts were brought current by March 12, a letter of non objection would be submitted to the Alcoholic Beverage Control Board. Council Member Smalley noted, the Kenai Peninsula Borough Assembly, at its March 2, 2010 meeting, protested the renewal due to tax amounts owed. MOTION: Council Member Eldridge MOVED to file a protest letter and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of February 17, 2010 Approved by consent agenda. E-2. January 4, 2010 Work Session Notes Approved by consent agenda. E -3. January 27, 2010 Work Session Notes Approved by consent agenda. E -4. December 8, 2009 Work Session Notes Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: 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 -54- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 6 MOTION: Council Member Smalley MOVED to pay the bills exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2465 -2010 Increasing Estimated Revenues and Appropriations by $2,175 in the General Fund for a State Farm Insurance Grant Awarded for the Purchase of an Educational 911 Simulator Phone. Introduced by approval of consent agenda. 0-4. Ordinance No. 2466 -2010 Increasing Estimated Revenues and Appropriations by S1,500 in. the General Fund City Manager Departrnent to Prepare for the City's Application for the 2011 All- America City Award. Introduced by approval of consent agenda. G -5. Ordinance No. 2467 -2010 Increasing Estimated Revenues and Appropriations by $1,481.45 in the General Fund for Ballistic Vest Reimbursements from the U.S. Department of Justice. Introduced by approval of consent agenda. G -6. Ordinance No. 2468 -2010 Increasing Estimated Revenues and Appropriations by $11,687.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. Introduced by approval of consent agenda. 6-7. Ordinance No. 2469 -2010 Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund Non Departmental to Provide a Grant for the Restoration of the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town Kenai. Introduced by approval of consent agenda. -55- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 7 G -8. Ordinance No. 2470 -201 Increasing Estimated Revenues and Appropriations by $602 in. the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAO). Introduced by approval of consent agenda. 0-9. MOTION: Ordinance No. 2471-2010 Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund Police Department to Purchase Equipment. Introduced by approval of consent agenda. G -10. Approval Chevron North America Exploration and Production Company /Extension of Lease Alaska Fire Training Center. Council Member Eldridge MOVED for approval of the Extension of Lease for Chevron North America Exploration and Production Company at the Alaska Fire Training Center and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported a meeting was scheduled for March 11, 2010 and noted, the "March for Meals" was part of a matching fund grant and all monies gathered for tickets, etc. would be matched by the grant. H -2. Airport Commission No report. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held on Monday, March 8, 2010 and Council Member Boyle would attend in his place. H -4. Library Commission Council Member Marquis reported on the March 2, 2010 meeting noting the Commission discussed the expansion project and updated its goals and objectives. H.S. Parks Recreation Commission Council Member Boyle reviewed the meeting summary of the February 18, 2010 special meeting which was included in the -56- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 8 packet. He noted, the Commission requested an explanation of the Daubenspeck Fund be presented by the City Manager or Finance Director at a future meeting. H -6. Planning 8a Zoning Commission Council Member Molloy reported the February 24 meeting had been cancelled. The next meeting was scheduled for March 10, 2010. II -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No report. H -7h. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. II-7d. Kenai Convention 8a Visitors Bureau Council Member Smalley reported a meeting was held on Monday, March 1, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported he would be traveling to Washington, DC with other members of the Assembly to attend the NACo Legislative Conference and during the trip, they would also be meeting with the congressional delegation and distribute the Borough's legislative priorities booklet. Smalley also reported on actions taken at the March 2, 2010 assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter commented on the following: Suggested the Personnel Board meet with the City Attorney to review the code, etc. that instructs the Board when an appeal is filed. It was noted, the Board was not normally called to meet other than when an appeal is filed, the Board had no elected chair, and it was appropriate to hold a work session. Council stated no objections. Suggested $2,500 be donated to the Peninsula Food Bank toward its building fund. MOTION: Council Member Eldridge MOVED to donate 52,500 from the Legislative Fund to the Peninsula Food Bank for its building fund and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. It was suggested that toward the end of the fiscal year, the issue be revisited and a second donation considered. VOTE: There were no objections. SO ORDERED. -57- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 9 She and Council Member Marquis read stories at Mt. View Elementary School during Fun Reading Week. She participated and made a presentation at Job Shadow Day. Reported she had received an email from Commissioner Hull stating his concern commission /committee meeting summaries were placed in council packets prior to their being approved by the commission /committee. Council would not know if corrections would subsequently be made to the summaries and suggested they be stamped unapproved. MOTION: Council. Member Boyle MOVED for commission /committee meeting minutes be stamped "Pending Approval" when placed in City Council meeting packets and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following. He met with legislators while in Juneau and distributed the City's capital improvement list booklets. He submitted the City's top three priority requests for federal funding to the congressional delegation. Reported Kenai Watershed Forum had received reduced grant funding which covered costs for water quality monitoring of the Kenai River and were asking for $5,000 in funding assistance from the City. A resolution would be included in the next council meeting agenda for consideration, The draft budget preparation was ahead of schedule and the draft document would be distributed to Council at its next meeting. Porter requested the Recreation Fund identified in the Parks Recreation budget be identified as the Daubenspeck Athletic Fund. In scheduling a facilitator for the staff comprehensive plan training and the town hall meeting, he expected the town hall portion of the cost would be $5,000. The facilitator would be available for Friday training for staff and the town hall meeting on Saturday, including a work session with council to assist in drafting a resolution. Council scheduled Friday, May 7 for staff training and Saturday, May 8, 2010 for the town hall meeting. Expected to bring forward a new ordinance related to beach use and speed limits in the near future. -58- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 10 A question was asked of whether Ordinance No. 2412 -2009, listed as pending legislation, could be removed from the agenda. Attorney Stearns noted, technically it could be removed. A question of whether the Schilling Construction Schedule issue could also be removed from the Pending Legislation. Stearns indicated a motion was necessary as it had been postponed to a date certain. MOTION: Council Member Molloy MOVED to remove the extension of construction schedule for Schilling Rentals, Lot 14, Block 1, Cook Inlet Industrial Air Park from the agenda as it was moot. Council Member Smalley SECONDED the motion. Council Member Eldridge requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. He would include his response letter related to the critical habitat for beluga whales in the next packet. J -2. Attorney City Attorney Stearns reported the following: She attended the endangered species continuing education course and felt it was very interesting and very valuable. Would be taking a lesson in LIDAR through the Kenai Police Department. She was working on a resolution to proceed with violation of city code collection suits. She had been spending a lot of time on day-to-day advisements, lease work and lease application issues. J -3. City Clerk Clerk Freas reported meeting streaming use was 1,155 for the past year. A monthly count format was being developed by the provider. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Smalley Referred to K. Wasserman letter related to AML legislative priorities. Noted a copy of the Kenai Peninsula Borough Ordinance No. 2010 -14, related to amendments to the anadromous stream habitat protection code, was included in the packet. Noted it was Dr. Seuss' birthday and wished all Happy Urhos Day. -59- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 11 Eldridge Suggested Council and Administration consider a "City of Lights" during the winter months and leave lights on in parks, city buildings, etc. and encouraged city residents to participate in the program Johnson Gave a brief update of upcoming Kenai Central High School activities and events. Informed all she would be absent from the March 17, 2010 meeting as she would be in Juneau. Marquis Reported he assisted with the "Fun Reading Week" program at Mt. View School. Molloy Thanked D. Bannock and M Schrag for attending the March 1, 2010 Council work session. Stated he was impressed by the number of people who used of the council meeting streaming over the last year. Boyle No comments. Porter Requested to move the "Executive Session" item on the agenda be placed prior to "Pending Legislation." There were no comments or objections from Council. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days (April 6, 2010), with a progress report to be given at each council meeting.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No, 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) EXECUTIVE SESSION Financial matters, disclosure of which could have an adverse effect on the City. -60- KENAI CITY COUNCIL MEETING MARCH 3, 2010 PAGE 12 MOTION: Council Member Smalley MOVED to convene in an executive session of the Council of the City of Kenai concern matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and requested City Attorney Stearns and City Manager Koch be present and requested UNANIMOUS CONSENT. Council ivlember ivioiloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. CONVENE TO EXECUTIVE SESSION: 8:25 P.M. RECONVENE MEETING: 8:54 P.M. MOTION: Council Member Smalley MOVED to reconvene and come out of executive session and requested UNANIMOUS CONSENT. Council member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. Council Member Smalley reported, while in executive session, Council discu.ssed a matter with City Manager Koch and City Attorney Stearns that could have an adverse effect upon the finances o f the City and gave direction to City Manager Koch to proceed with the matter as discussed. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:55 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not more or second items during a council meeting. -61- z 0 0 z 0 0 W inc Z r, 0 T Ch O 0 o 2 o 0. O r M 0 uj z w O w co J Z 0 0 O a z z 0 a 0 (0 cis -62- Z 7 0 0 w W Z U 2 o N o r CD 0 S 0 h Q uJ EA a W 0 IX W 0 0 W co S a CO CO N 0 -63- Mc °h l CITY OF KENAI KENAI. ALASKA 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 -64- PAT PORTER, MAYOR Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: March 18, 2009 ZONING DISTRICTS USES C /RR I RR1 RS RSl R52 RU/ISH I IT, /IH /CCICG /CMU R ED LC MINIMUM: LOT 90 90 60 60 60 60 See individual sections of 90 90 90 WIDTH (feet) Code for requirements MI NIMTIM LOT SIZE (feet) F ront 1 25 25 25 25 25 10 25 I 25 25 25 Side One-Story' 15 5 5 5 5 5 10 15 15 15 Daylight Basement/ 15 10 10 10 10 5 10 15 15 15 Split Level' Two-Story' 15 1.5 15 '15 15 5 10 15 15 15 Rear 20 20 20 20 20 10 10 20 20 20 Maximum Lot 30% 30% 30% 30% 30% 40% 30% 30% 30% Coverage Maximum Height (feet) 35 35 35 35 35 35 1 .Footnotes: (l) 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 will distinguish singie and two story portions of building to verify 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 the 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 Tess 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 and 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 Attachment "A" Chapter 14.24 Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE -65- KENAI, ALASKA MEMO: e with a Past, C with a Future TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attorney DATE: Marchl 1, 2010 RE: Ordinance 2472 -10 210 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. Councll.memo Ord, 247210 rearsetback amendment uuww W 1 11 O 1992 CITY OF KENAI 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 S 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 $1,300 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' 7. -67- PAT PORTER, MAYOR Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 tke cit y af KENAIA MF:MO: "I/illaye with a Past, Ct y with a Future" Lav 1992 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 2016 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 2 Computers: 1 Year 1 Library provides: $1,300 Year 2 Library provides: $1,300 Year 1 Gates Foundation provides: $3,900 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." the thy a/ CITY OF KENAI KEN �ASKA ORDINANCE NO. 2474 -2010 Suggested by: Administration 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, 5250,000 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 $4.660,000 -69- tlie c(yef KENN, ALASKA 71To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: March 11, 2010 Re: Ordinance 2474 -2010 "Village with a Past, y with a Fatare" FINANCE DEPARTMENT 210 Fida!go Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 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 S 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 40,000 City of Kenai Capital Improvement Reserve Fund 250,000 State of Alaska Legislative Grant .250,000 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. -70- he n y of HE Al. ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES BY 52,029,343.75 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 529,343.75 in bond premium; and, WHEREAS, cost of issuance totaled S30,584.76 and included donated fees from the Alaska Municipal Bond Bank in the amount of $6,989.76, underwriting fees of $12,395.00 and City retained bond counsel fees of $11,200.00; and, WHEREAS, proceeds remaining after the payment of all non donated issuance costs total $2,005,748.75; 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 CITY OF KENAI ORDINANCE NO. 2475 -2010 Introduced: March 17, 2010 Approved by Finance: 7 Adopted: April 7, 2010 Effective: April 7, 2010 -71- Suggested by: Administration $2,000,000.00 29,343.75 $2.029.343.75 23,595.00 2,000,000.00 $2:023 00 PAT PORTER, MAYOR ciyo/ KEN L ALASKA To: Rick Koch, City Manager 71, From: Terry Eubank, Finance Director Date: March 11, 2010 Re: Ordinance 2475 -2010 "Village 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 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 remaining $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 September 2010 and occur in September and March of each subsequent year until paid in full in March 2030. _72_ the city of KENAI ALASKA 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 $25_,(100. Increase Non Departmental Transfers to Other Funds $25 000 New Text Underlined• [DELETED TEXT BRACKETED) -73- 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 $25,000 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; (DELETED TEXT BRACKETED( -74- Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 the ally of KENAA ALASKA MEMO: Rick, Village with a Past, CI with a Fatare n '111P' 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 $10,000 001- 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 EI O( KENA ALASKA layr e w a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611- 7794 icu Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1992 MEMORANDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 1, 2010 SUBJECT: Multi Use Facility Lighting Upgrade -76- Rick, 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. c,¥ KENAI.AALASKA 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 $50,000 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 Department to match the grant funds to be expended on training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following budget transfer be made: General Fund Decrease Legislative Department: Professional Services $2,500 Advertising 2,500 Transportation 2 500 $7 50Q Increase Non Departmental Transfers to Other Funds $7,500 New Text Underlined' (DELETED 1EXT BRACKETED] _77_ Suggested by: Administration 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 $50,000 Transfer from Other Funds 7,500 $5 Increase Appropriations: Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR 57500 Approved by Finance: 7 a-- z Introduced: March 17, 2010 Adopted: April 7, 2010 Effective: April 7, 2010 New Tex Underlined [DELETED TEXT BRACKETED} _78_ MEMO: Villaye with a Past, Gc with a Future 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 AAA 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 57,500 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. 1992 the 4 KENAI, ALASKA MEMO: Attachments 11 14'llaye with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 lip' Telephone: 907- 283 -75351 FAX: 907- 283 -3014 l I 1 I TO: City Council FROM: Christine Cunningham, Assistant to City Manage/"' THROUGH: Rick Koch, City Manager DATE: March 9, 2010 SUBJECT: ACS Public Utility Easements Alaska Communication Systems (ACS) has requested two utility easements for the purpose of installing buried communication cables within two City owned parcels. The easements will cross Airport Land, but the subject lands are not part of the Airport Reserve. The City Attorney has advised that because the grant of an easement is legally a "disposal" of City- owned property, KMC 22.05.010 requires the City Council to declare that the subject lands are not needed for a public purpose. The easements are non exclusive and should not prevent the City from using the easements for other utilities or purposes. Any disturbance of sidewalks, landscaping and other improvements in the easement area must be repaired or replaced by ACS in the event that it, or any of its contractors, work in the easement area. Planning Zoning, the Airport, City Lands and the Public Works Department have completed their review and approval of the easement application as required by the application process and submitted it to the City Manager for approval. It is the recommendation of Administration that Council declare the easement areas described in the attached Utility Easements to Alaska Communication Systems as not needed for a public purpose so that the City Manager may grant the easement on behalf of the City. 1992 UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum o €$10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee ALASKA COMMUNICATIONS SYSTEMS INC., with an address of 1.51 Warehouse Dr. Soldotna, AK 99669, and its successors and assigns, a utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services, under lands which the Grantor owns or in which the Grantor has an interest, and to construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace two above- ground transformers upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land ten (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T 6N R 11W SEC 33 SEWARD MERIDIAN KN W1 /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 NO 12 KPB Parcel ID: 04501029 Kenai Recording District A 10 foot wide ,Public Utility Easement. Point of origin for is this easement is the parcel's Southwest property corner shared with Marathon Road Right of Way and Parcel 04501019. Commencing from this point mostly North for 2175 feet along the Eastern Marathon Rd Right of Way limits to the East -West section line between Section 28 and 33, then Mostly East 10 feet along said section line, then mostly South 2175 feet to common property line with Parcel 04501019, then mostly West 10 feet to point of origin. This easement is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, side walks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement, after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and /or replace the improvements disturbed in a neat, professional manner UTILITY EASEMENT PAGE 1 -81- compatible with the adjacent, undisturbed improvements and similar to the, condition of the improvements prior to their disturbance by Grantee, Grantee must. provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above- described land and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DA7 ED this day of 2010. UTILITY EASEMENT PAGE 2 -82- GRANTOR: CITY OE KENAT By Rick Koch Its: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, RICH KOCH, KENAI CITY MANAGER, being personaily known to me or having produced satisfactory evidence of identification appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. AL1ESTED: Carol L. Freas, City Clerk SEAL: APPROVED AS TO FORM: Krista S. Stearns, City Attorney After Recording Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 ss. Notary Public for the State of Alaska My Commission Expires: UTILITY EASEMENT PAGE 3 -83- WILLOW 5T r i 1 8u a 11W SEC 33 SEWAPD MERarM7 Pi 2004013 Wt/2 at 33 I ID' UUF _'1 -NEV 10' P00 EXHIBIT "A" EASEMENT MAP FOR CITY OF KENAf PARCEL 04501 029 -84- 4301029 SEC 33 SEWSRD /3 SEC 33 S NCI tTH )P KENAI SPUR IWY1u UTILITY EASEMENT Grantor, CITY OF KENAI, an Alaskan home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee ALASKA COMMUNICATIONS SYSTEMS INC., with an address of 151 Warehouse Dr. Soldotna, AK 99669, and its successors and assigns, a utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services, under lands which the Grantor owns or in which the Grantor has an interest, and to construct, reconstruct, maintain, operate, inspect, alter, repair, upgrade and replace two above ground transformers upon those same lands, all situated within the City of Kenai, Kenai Recording District, Third Judicial District as follows: A strip of land sixty (60) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T 6N R 11W SEC 28 29 SEWARD MERIDIAN KN W1/2 OF SEC 28 SE1 /4 OF SEC 29 E'XCLU'DING KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04101021 Kenai Recording District A 60 foot wide ACS easement. Point of Beginning is the parcels southeast property corner common with the 1/4 section line of Sec 28 and Sec 33. Commencing from that point mostly north, 60 feet along the eastern property line, then mostly west 1775 feet to Marathon Road Right of Way, then Mostly South -60 feet along Marathon Rd Right of Way to the section line of section 28 and 33. then East 1775 feet to the point of origin. This 60 foot easement's boundary is 60 feet north of the section line of section 28 and 33. This easement overlies an existing 60 foot Homer Electric Association easement recorded 8/8/2008 DNR recording number 2008- 008299 -0. This easement is shown on the map attached hereto and marked as Exhibit A. If there is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. UTILITY EASEMENT PAGE 1 -85- Grantee hereby agrees to repair all damage to lawns, trees, fences, driveways, side walks, roads, and any and all other improvements which may exist now or in the future, which damage which may arise from the construction, maintenance, repair, replacement, or operation of any improvements of the Grantee. In the event the Grantee must work or excavate in the area of the easement, after construction of improvements permitted by this easement, then Grantee, at its own expense, shall promptly upon completion of its work, repair and/or replace the improvements disturbed in a neat, professional manner compatible with the adjacent, undisturbed improvements and similar to the, condition of the improvements prior to their disturbance by Grantee. Grantee must provide Grantor ten (10) days' advance written notice of Grantee's intent to enter the easement area unless otherwise agreed by Grantor. Any entity to whom Grantee is legally or contractually obligated to allow the use of Grantee's easements is permitted the right of ingress and egress for Grantee's utility purposes as stated herein, subject to the same notification requirements as Grantor. The Grantor is to fully use and enjoy said premises except for the purposes herein granted to the Grantee. Grantor warrants and covenants that Grantor is the owner of the above described and and that Grantee shall have quiet and peaceful use of the easement subject to the uses and conditions herein. DATED this day of 2010. UTILITY EASEMENT PAGE 2 -86- GRANTOR: CITY OF KENAI By Rick Koch Its: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTLFY that on this day of 2010 RICH KOCH, KENAI CITY MANAGER, 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. ATTESTED: Carol L. Freas, City Clerk SEAL: APPROVED AS TO FORM: Knsta S. Stearns, City Attorney After Recording Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Notary Public for the State of Alaska My Commission Expires: UTILITY EASEMENT PAGE 3 -87- 1 b4 oroe i3naao -88- TO: CC: BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob @molloyforcauncil com Council Members Boyle, Eldridge, Marquis and A+10 Pat Porter, Mayor; Hal Smalley, Vice Mayor; Carol Frees, City Clerk; Rick Koch, City Manager; Krista Stearns, City Attorney; Christine Cunningham, Executive Assistant FROM: Bob Molloy DATE: 02-09-10 SUBJECT: Resolution No. 2009.6 As Amended 01 -20 -10 Ideas for A Town Hail Meeting Format As The Next Step In Additional Public Process, And Other Ideas The Mayor, Vice Mayor, City Manager, City Clerk, City Attorney, Executive Assistant and I met on 1- 25 -10. We discussed several ideas for a format for a Town Hall meeting, including a workshop component that involved a series of educational presentations. Following that meeting, there were comments recommending against including a workshop as a component of this Town Hall Meeting format. In addition, I developed a draft proposed Format /Agenda, draft Welcome Remarks Rules of Participation, draft Topics Sheet, and draft Protocol For Public Dialogue based on some research that i did on my own and on some very valuable volunteer input from Heidi P. Chay, Horizon Mediation Services. The format proposed does not include a workshop component with multiple presentations. We met again on 2- 08 -10, and th- group's discussion led to some revisions to the draft materials; the group's recommended revisions are incorporated in the second draft set of materials submitted with this memo. (Draft v.1.00209) includes: Format /Agenda, page 1; Welcome Remarks Rules of Participation, pages 2 -3; Topics Sheet, page 4; and Protocol For Public Dialogue, pages 5 -6. Thank you to Heidi P. Chay, Horizon Mediation Services, for her assistance, -89- TOWN HALL MEETING FORMAT/IDEAS Meeting 1:00 1:05: 1:05 1:20: 1:20 3:35 3:40 3:40 3:50 Format/Agenda Pre-Meeting/Meeting 00:00 City staff arrives to test equipment and checi set -up 0:30 1:00 Two City staff members at sign -I fox P ublic Comment Post- meeting 3:50 4:10 4:10 —4:30 pm -1- TOWN HALL MEETLNG SPONSORED BY CITY OF KENAI "Pillage with a Past, City with a Future" A KENAI COMMUNITY DIALOGUE ON "CONTINUING TO BUILD A SUSTAINABLE COMMUNITY" Mayor Opening Welpame Remaitics (Introduction of Moderator) Moderator (Chair) Opening Re (Key Question: "Whet' 1 dlicies, initiatives should the City of Kenai support in order to confute buildingit sustainable community that can cope with the impacts o f risaag energy costs, unemployment and economicrostability, andcisrnate impae #s (See Welconu Remarics °Rules of Participation) (Andsee Town Hall MeettriiProtocol) riaaimit rn) (DRAFT v300209) City of Kenai (City's', present initiatives actions RE continuing to build a sustainable community) 1:35 -3:35 Public Participation/Facilitated Discussion Comments, Discussion and Conversation from Cons tituents/Public 2? 3 Minutes Maximum Per Person Mayor Wrap -up Moderator Wrap -up Staff remains until all rooms clear Staffbreakdown and clean-up -90- TOWN BALL MEETING FORIvAT/IDEAS (DRAFT v.100209) By Mayor: [Welcome] [Introduce Moderator] By Moderator; 2 Town Hall. Meeting A Kenai Community Dialogue On "Continuing To Build A Sustainable Community" Welcome Remarks Rules of Participation This Town Hall Meeting is an informal public meeting Sponsored bythe City of Kenai. The public is invited to listen to the Moderator, Iisten to the short presentation by the City Manager; then participate by voicing your roil idual comments and opinions, of discussing topics related to the key question, in an orderly process that is facilitated by the Moderator, and is intended to be a community dialosue, not a debate. No council vote or council action will betaken tonight at theconclusion of this meeting. Your comments and opinions are important input:t© the Kenai City Council. The Mayor is present in tier ceremrrnial role and <any other Kenai City Council members present are here only as obsery When we get to the Public Pa ation/Facilitated Discussion portion of this meeting, therein a limit of (two? three minutes per individual speaker. The purpose of this time limit is to share the floor among airnany people as possible; allowing as many people a chance to speak:arid discuss as time permits today. The moderator will enforce this time limit. If you want to comment or join in the discussion during the portion of this meeting for Public Participation/Facilitated Discussion, and you have not already done so, please situ in with city staff handling the Public Discussion List. After those who have signed up have commented, if time permits, then I (the moderator) will ask you to raise your hand if you want to speak and I (the moderator) will point you out to the staff handling microphones to come to you (or will tell you to go to the podium to speak). -91- TOWN HALL MEETING FORMAT /IDEAS (DRAFT v.l ©Q2 ©9) You do not have to have a prepared speech, The idea is to keep the discussion or dialogue flowing while the floor is shared by as many people as possible in an orderly process. Your comments or discussion should be .directed to the issues or tapres relating to the key question. The key question for this community dialogue is: "What policies, initiatives and actions should the City of Kenai support in order to continue building a sustainable community that can tope wiTh the impacts of rising energy costs, unemployment and economic instability, and climate impacts Some of the potential topics for comment and dialogue are listed on the Topics Sheet as suggestions, but you may have other related toptts to discuss that are not listed on the Topics Sheet. in civil and do not Please welcome and respect the diversity of opinio •interrupt other speakers. Please use the comment cards in the sigp -up for any add l comments or questions. Or if you have extensive comments, please:,visit C,}° of Kenai webpage to contact the Mayor and city council members c clerk or ety manager, and send your e- mail comments at any t rt ese comments will be directed to the mayor /council members and will» posted on the City's webpage under "hot topics." -92- TOWN HALL MEETING FORMAT/IDEAS (DRAFT v.10020.9) 4 Energy conservation Jobs Climate impacts Impacts:o sport and subsistence and recreaticaii`''' -Y Town Hall Meeting: Topics Sheet Energy efficiency Improve energy efficiency in buildings transportation, etc.. weatherization etc.; regional van transportation Reduce emissions Increase public knowledge of issues related to e Seek solutions that mitigate climate impacts Support the development of renewable energy Unemployment Worlcforce development Create a skilled workforce for Support community gardening (food issues) Support the development of non renewable ene'rby Support the development of a sustainable glaskt an acidification on ocean sources that support commercial, activities, commercial fish processing activities, tourism, Encourage actions Within our aysr, ,.o,°rusnnity to mitigate adverse impacts of ::sing energy costs.' e instability, climate impacts and ocean acidification .4; Encourage actions within our aw3t community to adapt to unavoidable changes Suppon community e to educate the public and elected officials Network with. other Alaskan communities on the issues of mutual concern, including rising energy costs, economic instability, ocean acidification and the responsible development of natural resources Lobby Alaska's congressional delegation to help influence the content of any federal legislation Protect or rebuild infrastructure that is threatened by climate impacts or other impacts -93- TOWN HALL MEETING FORMAT/IDEAS (DRAFT v.100209) Town Hall Meeting A Kenai Community Dialogue On "Co inp To Build A Sustainable Community Protocol For Public Dialogue (Without Utilization of Discussion Group or Separate Discussion Groups} Holding a town hall meeting is intended to be an efficient!way to gather qualitative information and data through the use of 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 about the question. A cominunity'dialogue 'has the potential to provide both accurate and in -depth information and data 1 This town hall meeting is intended as a complement to the previous public hearings on related questions. What follows are comments on the getieral protocol for conducting the town hall meeting successfully where the forrnat is ippividual public comments and discussion rather than utilization of a format involving ':dither a group discussion or splitting the group of attendees up into separate discussion groups. The Moderator Fundamental to the to t hallatteetin& is a moderator who facilitates the discussion and community dialo� This person should feel -at ease speaking in front of the group, but he or she is not ii i he r of a "teacher." The moderator's goal is to make the participants feel comfortable in expressing themselves openly, while keeping the discussion and dialogue on i'aak °u' an ord u process:' Settirtf tfhe Rules Prior to starting the discussion, the moderator should lay down a few ground rules. Generally, Tiles should include the following; only one person-talking at a time; no side discussions among participants; G' no individuals sho be put down because of their opinions; all thoughts and ideas are valued; and O there are no wrong or right answers. Care and creativity should be used when setting rules. The Key Ouestion and Topic Sheet The key question and the topic sheet are the tools that drive the meeting and the resulting -94- TOWN HALL MEETING FORMAT/IDEAS (DRAFT v.100209) information and data. Answers to the key question addressing any of the discussion items listed on the topic sheet will provide good information and data for later analysis. If the moderator needs to ask questions, then any questions that the moderator asks should be open -ended and be focused on the key question and the discussion items listed on the Topics Sheet, 6 Conductiaa? The Community Dialogue The community dialogue and public participation portion itself under agenda item "Public Participation/Facilitated Discussion" should last up 'to 2 hours and should follow a structured format. The moderator should make every attempt to find a balance between keeping the community dialogue on track and allouiin'g'iit to flow naturally. 4 Individual speakers do not have to have a prepared „speech. The idea is to keep the discussion or dialogue flowing while the floor is shared by as many people as possible in an orderly process with the discussion factlttawd'ny the moderator and is intended to be a community dialogue, not a debate. -95- The purpose of this time limit is to ,share the Hoot among as many people as possible, allowing as many people a chance td speak and discuss as time permits. The moderator will enforce this time limit. The individual speaker's comments or discussion should ibe directed to the issues or topics listed on the Topics Sheet or otherwise relating to, the key question. RecordinE And Using :The Information The town hall meeting should be recorded by using audio or audio visual recording equipment. The use of recording equipinenf allows the meeting to be revisited when needed, TI con ent:pity d aIo ue/ public pardcipatiori portion could also be transcribed or at ]east listened to for quotes and general ideas if necessary at a later date. A form £oria data matrix or for other notes could be developed for use, in order to keep track of major themes and quotes from the discussion and community dialogue. The City Clerk or designee- should take notes, and council members present could take notes on a copy of the form of datatnatrix. The information gathered from this town hall meeting should be used to complement the substantial public comment previously received on the related questions, perhaps using participant quotes and the grouping of ideas. The grouping of ideas refers to the categorizing of the comments, attitudes, feelings, or beliefs of the individuals toward the key question and its related topics. 44 KENAI, ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: March 11, 2010 SUBJECT: Town Hall Meeting Village with a Past, Gi' y with a Fattsre n 210 FideIgo Avenue, Kenai, Alaska 99 611 -7794 1991 Telephone: 907 283 -7535 FAX: 907- 283 -3014 The purpose of this correspondence is to provide information regarding the above referenced Town Hall Meeting. Administration Recommended Facilitator Glaser &Associates, Inc. See attached information Schedule The Glasers are available on the following dates: May 7 8 June 4 5 June 18 19 Initially the Council selected May7 8 for the training meeting. Subsequent to that selection we became aware the Homer Shore Bird Festival took place at the same time and it was suggested to explore a different weekend. On Tuesday, March 9` a meeting was attended by Mayor Porter, Councilor Molloy, carol Freas, Krista Stearns, and myself to discuss the Community Sustainability Town Hall Meeting. At that meeting it was decided to have a discussion at the next council meeting (march 17 about holding the training /meetings on June 4 5. Following the meeting of March 9 I was made aware the Kenai Air Fair is scheduled for June 5` We need to determine a firm date in order to confirm with the trainers /facilitators. -96- Proposed Agenda Day One (Fri) 10AM -4PM Collaborative Leadership training for management staff and for City of Kenai Council (not mandatory for Council but highly recommended). Day Two (Sat) 9AM -12 PM Town Hall Meeting 1:30 PM -4PM Glaser meeting with facilitators from Town Hall Meeting (staff) 5PM- 7:30PM Council work session, facilitation and develop resolution Budget Based on discussions with Council, working group and the consultants the following is the administration's proposed budget: Cost Item Description Budget Amount Consultants 11, 475 Air Fare 2,000 Per Diem 600 Coffee /Refreshment for Town Hall Meeting 250 Rental of Challenger Learning Center 500 Contingency 175 Total 15,000 The source of funding is proposed to be 7,500 from the comprehensive plan (project fund) and $7,500 from legislative accounts. -97- Rick Koch From: Susan Glaser [susan @theglasers.com] Sent: Wednesday, February 03, 2010 2:44 PM To: Rick Koch Cc: Christine Cunningham; Layla Yarr Subject: Re: Following up Attachments: Fee Outline City of Kenai.pdf Hi Rick, Wanted to reconnect before departing tomorrow for New Zealand. It is very likely that if we schedule your program in Kenai, there will be other Alaska clients that would allow for a significant reduction in fees as well as travel expenses. If you are interested in securing dates and having us pursue other local projects around your preferred dates, please let Layla know right away. If we are able to accomplish this, we can offer you our local, Oregon rates which would bring your total presentation fee to $11,475.00. We are copying Layla on this email so that you can be in touch with her directly when we are gone. Warmest regards, Susan and Peter Susan R, Glaser, Ph.D. Lead Researcher and Senior Consultant Glaser Associates 1740 Craigmont Ave, Eugene, OR 97405 541- 343 -7575 541- 343 -1706 fax www,theglasers.com 1 -98- GLASER ASSOCIATES. INC. EXECUTIVE OFFICES 1740 CRAIGMONT AVENUE EUGENE, OR 97405 541- 343 -7575 AGENDA CONSULTANTS CONTACT MATERIALS FEE TOTAL PRESENTATION FEE TRAVEL /EXPENSES Rick R. Koch -99- FEE OUTLINE City of Kenai 210 Fidaigo Ave. Kenai, AK 99611 Day one 10:00 a.m. to 4:00 p.m. Collaborative Leadership training for management staff $6800.00 Day one 5:30 p.m. to 8:30 p.m. Town Hall meeting facilitation $4775.00 Day two 9:00 a.m. to 11:00 a.m. Glaser meeting with facilitators from Town Hall meeting Day two 11:00 a.m. to 3 :00 p.m. Council facilitation: Developing Resolutions $6800.00 Peter A. Glaser, Ph.D. and Susan R. Glaser, Ph.D. $6.95 per attendee copyright duplication £ee (waived for these presentations). ac li 9 }5° $1•675-3 10% government discount). Fee includes pre program planning phone conference and post training follow up call. One half due upon signing contract. Remainder billed with expenses after program. Airfare, local transportation, lodging, meals, and local parking expenses billed after program. Original receipts provided, Glaser Home Page Seethe Brochure The Glasers hold several open enrollment MIX courses per year, Each seminar is three full days, Oregon Eighteenth annual seminar, September 29; 30, October 1, 2010 in Eugene, Oregon. Click here for more information rdirlc here to reel =ter New Zealand Sixth annual seminar, February 15, 16, and 17, 201.0 in Dunedin, New Zealand. team With Us at Luxury Spas The Glaser's lecture series at poncho Le puerta and Canvon Ranch includes several programs based on the Glaser's international award winning research Dates: Both Rancho La Puerta and Canyon Ranch dates are TBA. Welcome 0.0321. I Glaser and Associates is a company dedicated to the inter personal health of your business or organization. For 35 years, Drs. Peter and Susan Glaser have been helping people, They've published award winning research In communication skills, workplace culture, team building and conflict resolution, and they've brought their powerful communication techniques to Fortune 500 companies and organizations around the world through seminars and on -site consultations. The Glasers teach that our lives are a universe of potentially deadlocked moments and how we navigate through those moments in the end defines our impact, our Influence, and even our legacy. The Glaser's approach is unique because they don't just provide ideas and theories, but give people research -based models skills to usel n everyday life. The Glaser's work is enormously valuable, keenly pragmatic, and thoroughly entertaining. r J II 11 Glasrir Services laser See the Glasers in Action Roll mouse over screen click PLAY arrow Download a Full Version 220 x 165 Must have high -speed connection QuickTime Version INindowc Media Player Version Be Quiet, Be Heard Even with the best of intentions, many of us make communication mistakes that take a toll an our professional and personal lives. Be Quiet, Be Heard offers a solution, This book teaches concrete, tangible communication skills research based and field tested over 35 years for a wide range of communication challenges that organizations and individuals face. Purchase the Book Page 1 of 1 /AAdtpCa eMc UCopyright 2010 Glaser and Associates A(€ right reserved. No part of this website or Its files nay be duplicated without pert on http: /www.theglasers com/ 3/9/2010 -100- About the Glasers a Contact Us Mailing address Glaser &Associates, Inc. Executive Offices 1740 Craigmont Eugene, Oregon 97405 Email 'nfoatheglasers Corp Call us Phone: 541-343 -7575 Tollfree: 800 -980 -0321 Fax 541-343-1706 About Glaser and Associates m Page 1 of 1 Glaser and Associates are changing the way people and organizations handle conflict resolution and build trust, enabling them to transform interpersonal relationships and develop high performance teams. The Glasers provide essential interpersonal communication and consulting services to businesses and governments worldwide. Their hands -on approach ransforms organizational culture as It promotes long -term change with immediate and sustainable results. Backed by over 35 years of published field research, the Glaser's practical and powerful communication tools are delivered in a personal and entertaining way. Their work is described as enormously valuable, keenly pragmatic, and thoroughly entertaining. Drs. Peter A. Glaser and Susan R. Glaser received their PhDs in Communication from the Pennsylvania State University. Authors of the internationally acclaimed book, "Be .,Quiet Ee Heard; The Paradox of Persuasion they have been married business partners and co- presenters for 35 years, Drs. Glaser have published three books and more than 40 research articles. Their research on transforming organizational culture has received the International Association of Business Communication Research Foundation Award for bridging communication theory and practice. Feature stories have been written about them in Business Week, Nation's Business, Working Woman, Success Magazine, and the Washington Post. The Glasers joined the faculty of the University of Oregon in 1975. Active consultants since 1970, their work has taken them around the world working with leaders from Fortune 500 companies such as Microsoft, Hitachi, Hewlett Packard, Weyerhaeuser, Tektronix, Hyundai, and Sony Corporation. They spend February in New Zealand working with leaders from both the private and public sectors. They have worked with federal, state, and local government leaders, from New York to Scotland and the U.K. Their ongoing work with the United States Senate Includes assisting a bipartisan group of Chiefs of Staff to reach beyond the political divide and create consensus, Layla Yarr Awards and Honors When clients call Glaser Associates, the first person they speak to is Layla Yarr. She is the Glaser's business manager and has known Peter and Susan for nearly two decades. She makes the infrastructure of Glaser tii Associates a blend of effortless efficiency, and handles every detail with joy and precision, from your first contact to final follow up. Rack to Top http: /www.theglasers.com/About.html 3/9/2010 -101- Glaser Services ser Services Measure and Evaluate your Organization's Culture Reinforce strengths and pinpoint areas for Improvement. Oraaninntinnal Culture Survey pre- Pronram Diagnnstir Training and Education Developed directly from the internal life of your organization, these tralnings produce observable behavior change. 'weak Through Conflict Nardwirinn Teamwork persuasinn and Influenbe Trainer Traininn for Your Staff e nd Professinnal Meetin Connecting with others is the single most essential aspect of our dally lives but positive and effective communication constantly challenges businesses, organizations, friends and families. The Gfasers offer a comprehensive tool set to transform an organization. Their proven methods help solve problems and strengthen relationships. They bring a combined 60 years of award winning research and field- tested experience to each of their programs. Their research paper: "Transforming Organizational Communication: Changing how People Resolve Conflict and Solve Problems," received the International Association of Business Communication Research Foundation. 1998 Research Award. All the trainings offered by. Glaser Associates are research based. Team Development Teamwork models unleash the power of communicatton that leads to trust, shared understanding and group cohesion, 1 eading Change. Managinn Culture and Mnvinn Forward fmninvee Involvement and Team yevelonment ProgEams Executive Coaching We were providing expert executive coaching before It even had a name, Our approach is personalized, positive and thorough, percussive Sneaking Third Party Intervention Page 1 of 1 (;Copyright 2010 chaser and Assogiatos An rignt reserved. No part of this website or its E kes may be dubhc:tee without permtsek n, http:// www .tlteglasers.com/Services.html 3/9/2010 -102- Glaser Testimonials ASFR "Not a day goes by that I don't make use of what I learned..." Gene Mills, General Manager, Platt Electric Testimonials http://www.theglasers.coin/Testimonials.html -103 600- 436 -0321 in f o� ,t hegiaser Glaser and Associates has a long history of helping people. Read what people are saying about the Glasers. "Susan and Peter have the ability to maintain the energy and interest levels of a group for the entire time of the course. Their teaching methodology developed through years of research and experience enables deep learning." "There are moments in our lives that we will recall with gratitude often, but seldom thank the people responsible. The 3 -day training for Multnomah County Developmental Disabilities Management Team was one of those moments, I cannot thank you enough. We have all benefited from your powerful tour of what Is really possible if we are willing to try. Thank you for the might and weight your tools bring. it is an investment in the successful future of our team, and the important work we do for the most vulnerable citizens among us." Tour local and international legend of excellence continues. This was the best and most applicable session offered this year." "You guys were wonderful! Your ability to keep over 100 people totally engaged for the entire program was remarkable. Not only was the content valuable, but your enthusiasm and upbeat spirit were truly inspiring. Everyone walked away at least 2 feet off the ground." "Thanks so much for coming to Microsoft. Everyone was so impressed with your work and it has made a noticeable difference in the way people approach other teams, especially the most challenging ones." "Thanks so much for a truly enlightening day. Your workshop at Whitman College provided us with thoughts and action plans that our community and world really needs! And what's more, we had fun learning and .interacting. You made a difference in our lives and in turn, well do the same for others." "Without a doubt, this was the best three days of my time, The course content is practical that no future presentations should ever be undertaken without utilizing the skills learned In this course "Your work and expertise are truly needed today and your passion for your work Is evident in all that you do." "I've never seen a senate session get so much done so quickly and on schedule." no Page 1 of 3 Robyn Brown Learning and Development Advisor Waitakere City Council, New Zealand Patrice Botsford Division Manager Multnomah County Development Disabilities Lucy Gardner Leadership Training Consultant Oregon Department of Administrative Services Jock Edwards Board of Directors Sherwood Trust All Heron Program Manager Microsoft Lee Coleman Professor Whitman College Maree Clark Financial Analyst Dunedin City Council, New Zealand Tam Russell CEO Adventist Medical Center William Carpenter CIO Oregon Housing and Community Services 3/9/2010 Glaser Testimonials Page 2 of 3 "My CEO was so impressed with your book that he authorized the purchase of enough copies for the entire leadership group." "No presentation is as powerful and informative at that of the Glasers. The chemistry between the two is only one ingredient that makes this team so special. The tools and concepts are demonstrated very clearly through effective dramatizing and are practiced by the participants during the session. Even the most seasoned trainer, communicator or facilitator will find great value In attending their course." "Just a few weeks after completing your course, an opportunity arose and within one month I had received a promotion! I now work in a position that Is in keeping with my professional background and has much less stress. I have again achieved balance In my life... work and family." 'At this point in my life and career, I don't sign up unless I'm reasonably certain I can get something from the program that will make me a better leader, a better Chief and a better person. I got all that from you two Thanks,' 'We recently visited Canyon Ranch and while there were privileged to attend three different presentations by Peter and Susan Glaser. Their presentation an all three occasions was an 11 out of 10. We found it to be interesting, excellent take home value, good fun and also entertaining while being a fine learning experience for all members of the audience irrespective of age or gender.' "I enjoyed your course immensely and have been able to implement several changes in my work and home communication that I just wanted you to know that your course was probably the most influential I have been on for several years!" "I was initially skeptical —I had been through several similar training programs before and didn't believe that another seminar would really help. Then, throughout the year, our team would use the models of clear communication to tackle an issue. We now have practice using. the Glaser mod& to take with us to new team environments." 'The Glasers are exceptional. Their program at Hewlett Packard's Leadership Symposium provided participants with a keenly pragmatic, skill -based communication model that is right on target in our diverse and dynamic work environment" "By employing their approach, the Glasers were able to revitalize safety in our plants throughout the United States. They present a sound philosophy with a proven success that was effective at all levels, from line employees to top management. With their assistance, workers' compensation was reduced by 25% and lost time accidents by BD We continue to use their tools and It has helped to stabilize our improvement." "Peter and Susan's work with the City of Mercer Island has reflected a commitment to understanding our needs, applying their best skills to the issues at hand, and leaving us with a work product that has made us a better organization." "Not a day goes by that I don't make use of what I learned, The incredible growth of my company put my leadership skills to the test. I was eager to see if my learning would last when I got back, It has been nothing short of a life change," "Susan and Peter Glaser are two of the finest trainers I have ever seen. Their style is entertaining and enjoyable, They deal with Rob Elliott VP of Member Services Loyalty Delta Community Credit Union Gary Jones PCI Consultant Lisa Nell Planning and Implementation Unit Manager ODOT Transportation Development Division Chief Robin James Puyallup Police Department Clifford Gundle President Knightsbridge Information Svcs. Ltd., London Leana Reid Property Records Analyst Knowledge Centre Dunedin City Council, New Zealand Judith Kalitzki, Ph.D, Director of Professional Development, from MBA student, University of Washington Business School Janet Flaherty Human Resources Manager Hewlett Packard Ed Edgan Container Board Packaging Safety Director Weyerhaeuser Paper Company Paul Lanspery Former City Manager, City of Mercer Island, Washington Current Deputy General Manager, San Diego County Water Authority Gene Mills General Manager Platt Electric Isaac Dixon Director, Office of http:// www. theglasers .com/Testimonials.html 3/9/2010 104- Glaser Testimonials Page 3 of 3 http://www.theglasers.com/Te subjects that are fundamental to all of us being more productive managers and employees, as well as better human beings!" This seminar was an exceptional learning experience, The Glasers are masters of creating a balance between theory and practice in a supportive environment, where all participants learn, practice, and grow." "Our seminar was the most profitable ever. We received the best critiques ever. The Glasers are due a significant portion of the credit for these results. They were outstanding!" "Glaser Associates helped us to initiate a new phase of employee- management cooperation. Under their guidance, all levels of management came together and interacted. The result was that safety teams were established, and are still active." "The Glasers focus on skills which are absolutely essential for a successful organizational environment and they do it in a fun, understandable, and motivating way." 'Once again, the Glasers have delivered practical, concrete, effective, realistic tools that anyone can master. Entertaining and fun, but most irnporant...It works!" "EC New Zealand held an event with the Glasers in 2008 on the topic of communication In conflict. The Glasers exceeded all expectations. Their content was Interesting, well researched and pitched at just the right level for the audience of entrepreneurs, and their delivery of the content was polished, entertaining and very professional. I highly recommend the Glasers as fantastic speakers for 80 audiences." "I wanted to thank you for your exceptional presentation and express to you how much you have touched my life, You both approached communication in such simple terms, with sincerity and emotion, That is powerful and life changing. Sincerely, humbly, thankful and forever grateful to your lessons "I recommend the Glasers to any managers and professionals who realize that by improving their communication, they will enrich the culture of their organization and have an overall impact on performance," "One of our account executives was vying for a position that required a visit to Corporate with a presentation as part of her final interview. Using the Glaser method for persuasive presentations, our account exec got rave reviews and a Job offer. The best part was that she did such a fabulous job that Corporate wants to have her as a coach to other colleagues as they prepare their own presentations. Using the Glaser techniques, she absolutely stood out in the crown, With one presentation she doubled her salary and stepped up her career path." onials.html -105- Diversity Providence Health and Service John Schoen Professor Baylor University F Business Program Paul D. Zuelke President Zuelke- Associates, Inc. Steve Ratner Operations Manager Tektronix Sill Nevell Human Resources Manager Sony Disc Manufacturing Priscilla Gould Executive Director United Way of Lane County Simon Rowell President Entrepreneurs Organization, New Zealand Kerrie Sanders Licensing and Recording Supervisor Marion County Clerk's Office Tom Aitchison Chief Executive The City of Edinburgh Council, Scotland Sheila Strand Executive Director, Evercare Oregon @Copyright 2010 Glaser and Associates Ail right reserved. No part of this webeite or its fifes may be duplicated without par ly Bark to Tin 3/9/2 KENAI HARBOR COMMISSION MEETING MARCH 8, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY January 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Ken Tarbox Kenai Bird Viewing ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10• INFORMATION a. Kenai City Council Action Agendas of February 3 and 17, 2010. b. Commission /Committee Appreciation Dinner Invitation ITEM 11: ADJOURNMENT -106- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confiirued as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Niederhauser SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION ITEM 4: 4 -a. ITEM 5: ITEM 6: ITEM 7: KENAI HARBOR COMMISSION MEETING MARCH 8, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING AGENDA APPROVAL W. Niederhauser, T. Thompson, R. Peters (arrived at 7:03 p.m.), W. Nelson P. Morin, B. Osborn, G. Foster Park and Recreation Director R. Frates, Public Works Director W. Ogle, Council Member M. Boyle APPROVAL OF MEETING SUMMARY January 11, 2010 Commissioner Peters MOVED to approve the meeting summary of January 11, 2010 and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD Ken Tarbox Kenai Bird Viewing Mr. Tarbox and Natasha Ala from the Kenai Convention Visitors Bureau presented information included in the packet, including an update of the Kenai birding platform, grants used to develop the platform and wildlife viewing trail, and new grants for cell phone audio tours. OLD BUSINESS None NEW BUSINESS None REPORTS -107- 7 -a. Director Parks and Recreation Director Frates reviewed a press release from the Governor's office regarding the State's stance on critical habitat designation for beluga whales and noted the invitation to the Commission /Committee Appreciation Dinner included in the packet. 7 -b. City Council Liaison None ITEM 8: COMMISSIONER COMMENTS /QUESTIONS Peters welcomed Nelson to the Commission. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD Mayor Pat Porter, 310 Rogers Road, Kenai Thanked the Commission for their work and invited members to the Appreciation Dinner. ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of February 3 and 17, 2010. 10 -b. Commission /Committee Appreciation Dinner Invitation ITEM 11: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Niederhauser SECONDED the motion. There were no objections. SO ORDERED, There being no further business b the C the meeting was adjourned at approx.mately 7:30 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk -108- HARBOR COMMISSION MEETING MARCH 8, 2010 PAGE 2 ITEM 6: NEW BUSINESS ITEM 7: REPORTS KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MARCH 2, 20/0 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY February 2, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Library Expansion Update b. Discussion Goals and Objectives a. Director b. City Council Liaison ITEM 8: COMMISSION COMMENTS /OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEM 11: ADJOURNMENT -109- PENDING APPROVAL a. Kenai City Council Action Agenda Items from February 3 and 17, 2010. b. Commission /Committee Appreciation Dinner Invitation a Friends of the Kenai Community Library Board Minutes of February 9, 2010. Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MARCH 2, 2010 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING AGENDA APPROVAL MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll wa confirmed as follows: 5 -b. Discussion Goals and Objectives E. Bryson, J. Bookey, R. Peters, K. Glidden, S. Harris M. Graves, C. Brenckle Library Director M. Joiner, Council Member R. Marquis Commissioner Peters MOVED to approve the agenda as presented and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY February 2, 2010 Commissioner Peters requested clarification of his comments under Item 8 to read, ..noted interest in preserving the tr across the street "behind the librar=, to retain a campus like feel to the area." Commissioner Peters MOVED to approve the meeting summary of February 2, 2010 with the clarification and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion Library Expansion Update Library Director Joiner reviewed the updates to the project. General discussion followed. Joiner summarized some of the transition activities. -110- Joiner noted she had not received any input from commission members. General discussion occurred, MOTION: Commissioner Peters MOVED to adopt the 2010 draft Goals and Objectives with the corrections discussed and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Director Joiner reviewed her monthly report, noted she would be at the Alaska Library Association conference with Children's Librarian Mary White, and she would attend the Public Library Association conference with Assistant Director Niederhauser later in the month. 7 -b. City Council Liaison Council Member Marquis reviewed the action agendas included in the packet, noting items relevant to the Library, and reported on the presentation regarding bird viewing by Ken Tarbox and Natasha Ala at the February 17, 2010 city council meeting. ITEM 8: COMMISSION COMMENTS /QUESTIONS Bookey noted interest in goals and objectives regarding staff and the graying of the profession. Peters noted the Friends of the Library spring fundraiser on March 12, 2010. Glidden noted excitement over the unfolding of the expansion. ITEM 9: May Porter noted excitement over the expansion project and invited the Commission to attend the Commission /Committee Appreciation Dinner. ITEM 10: INFORMATION PERSONS NOT SCHEDULED TO BE HEARD 10 -a. Kenai City Council Action Agenda Items from February 3 and 17. 2010. 10 -b. Commission /Committee Appreciation Dinner Invitation 10 -c. Friends of the Kenai Community Library Board Minutes of February 9, 2010. ITEM 11: ADJOURNMENT RARY COMMISSION MEETING MARCH 3, 2010 PAGE 2 MOTION: Commissioner Peters MOVED to adjourn and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:25 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -112- LIBRARY COMMISSION MEETING MARCH 3, 2010 PAGE 3 I. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 10, 2010 7:00 p.m. 2. *APPROVAL OF MINUTES: a. *February 10, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: PENDING APPROVAL *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. 7. NEW BUSINESS: a. *PZI 0-02 Application for a home occupation. pennit for an off -site Plumbing and Heating Business for the property known as that portion of Government Lot 26 lying north of Kenai Spur Highway (8302 Kenai Spur Highway), Kenai, Alaska. Application submitted by .James Merrow, 8302 Kenai Spur Highway, Kenai, Alaska. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED• (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (1/10/10 and 1/25/10) b. Commissioner Members Dinner Invitation 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -113- ITEM 1: Vice Chair Romain called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1 -b. Agenda Approval Commissioner Brookman read the following addition to the agenda: ADD TO: Item 1 -d. MOTION: 1 -c. Consent Agenda MOTION: 1 -d. CITY OF KENAI PLANNING ZONING COMMISSION MARCH 10, 2010 7 :00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING CALL TO ORDER Approved by consent agenda. MINUTES P. Bryson, K. Rogers, G. Broolcman, K. Koester, S. Romain R. Wells, J. Twait (excused) City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Han Excused Absences Jeff Twait Commissioner Brockman MOVED to approve the agenda with the addition and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. Commissioner Brookman MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion, There were no objections. SO ORDERED. *Excused Absences i Jeff Twait (added at the beginning of the meeting) -114- *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 February 10, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMME None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS None ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. *PZ10 -02 Application for a home occupation permit for an off -site Plumbing and Heating Business for the property known as that portion of Government Lot 26 lying north of Kenai Spur Highway (8302 Kenai Spur Highway), Kenai, Alaska. Application submitted by James Merrow, 8302 Kenai Spur Highway, Kenai, Alaska. Approved by consent agenda. ITEM 8: ITEM 9 PENDING ITEMS None REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items of the March 3, 2010 City Council meeting included in the packet, noting the birding celebration presentation, the donation to the Russian Orthodox Church for renovations, and the rescission of the Schilling lease. 9 -b. Borough Planning Commissioner Bryson reviewed the agendas of the February 22 and March 8 Borough Planning Commission meetings included in the packet, noting the ordinance on permitting activities on sloped riverbanks of interest to the City of Kenai. 9 -c. Administration City Planner Kebschull reported she met with representatives of the MAPS neighborhood concerning how to proceed with their plan for a special zoning process, and reminded the Commissioners to RSVP to the City Clerk on the Appreciation Dinner before March 20, 2010. Kebschull noted future PLANNING AND ZONING COMMISSION MEETING MARCH 10, 2010 PAGE 2 -115- work would include reviewing of the City Comprehensive Plan, reviewing goals and objectives, and noted the Borough had given the City $50,000 for update to the Comprehensive Plan. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mayor Pat Porter, 310 Rogers Road, Kenai Invited Commissioners to attend the Commission /Committee Appreciation Dinner ITEM 11: INFORMATION ITEMS 11 -a. 11 -b. Zoning Bulletin (1/10/10 and 1/ 25/10) Commissioner Members Dinner Invitation ITEM 12: COMMISSION COMMENTS QUESTIONS Koester Inquired about Soldotna's wind turbine ordinance. Kebschull noted it was similar to Kenai's but more restrictive. Erookman Inquired about Homer's wind turbine ordinance. Kebschull noted it had been revised and finalized ITEM 13: ADJOURNMENT MOTION: Commissioner Brookinan 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 7:20 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MARCH 10, 2010 PAGE 3 -116- AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY a. September 8, 2009 b. February 9, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion 2010 Goals and Objectives b. Discussion 2010 Flower Bed Design ITEM 8: REPORTS a. Committee Chair b. Parks ar, Recreation Director c. Kenai City Council Liaison ITEM 12: ADJOURNMENT �I BE AUTIFICATION COMM MARCH 9, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS -117- PENDING APPROVAL ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of February 3 and 17, 2010. b. Commission /Committee Appreciation Dinner Invitation. MOTION: KENAI BEAUTIFICATION COMMITTEE MARCH 9, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR PRO TEMPORE LISA GABRIEL, PRESIDING AGENDA Member Lovett MOVED, due to the absence of the chair and vice chair, to appoint Committee Member Gabriel as chair pro tempore for the March 9, 2010 Beautification Committee meeting. Member Canady SECONDED the motion. There were no objections. SO ORDERED. ITEM 1: CALL TO ORDER 8s ROLL CALL Chair Pro Tempore Gabriel called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: MOTION: AGENDA APPROVAL M. Coleman, L. Gabriel, T. Canady, S. Lovett, M. Manzek M. Dimmick, P. Baxter Parks and Recreation Director R. Frates, Public Works Director W. Ogle, Mayor P. Porter Member Lovett MOVED to approve the agenda as presented and Member Canady SECONDED the motion. There were no objections. SO ORDERED. ELECTION OF CHAIR AND VICE CHAIR Commissioner Lovett MOVED to nominate Peggy Baxter as Chair and Commissioner Canady SECONDED the motion. There were no objections. SO ORDERED. Commissioner Gabriel MOVED to nominate Tricia Canady as Vice Chair and Commissioner Lovett SECONDED the motion. There were no objections. SO ORDERED, Chair Baxter conducted the meeting from this time forward. -118- ITEM 4: APPROVAL OF MEETING SUMMARY 4 -a. September 8, 2009 4 -b. February 9, 2010 MOTION: Member Lovett MOVED to approve the meeting summaries of September 8, 2009 and February 9, 2010: Member Manzek SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE None ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion 2010 Goals and Objectives Parks and Recreation Director Frates reviewed the goals and objectives included in the packet, noting street scapes, street trees, invasive weeds and miscellaneous upgrades to existing areas. Member comments included: Consider alternative landscaping at the Welcome to Kenai sign. Upgrade the Blue Star Memorial planter in front of Paradisos Restaurant. Plant two trees at the old Re -Max building. Consider long range planning for the Community Garden area. 7 -b. Discussion 2010 Flower Bed Design Frates reviewed flower bed designs for the upcoming season included in the packet and noted the following committee members would oversee the planting of the various beds. Memorial Park Sign Baxter and Canady Blue Star Lovett ReMax bed Gabriel, Coleman, Manzek Member comments included: Completely renovate the Memorial Park bean bed. Add perennials to the two remaining beds. Consider changing the flower beds at Erik Hansen Scout Park to shrub beds. Frates would contact a landscape contractor for cost estimates and ideas. Upgrade the Welcome to Kenai sign. Frates would contact a local landscaper to present ideas and cost estimates. -119- BEAUTIFICATION COMMITTEE MEETING MARCH 9, 2010 PAGE 2 ITEM 8: REPORTS 8 -a. Committee Chair None 8 -b. Parks Recreation Director Reported Connie's Flowers would be planting the circle planters and reviewed the list of flowers proposed. 8 -c. Kenai City Council Liaison Mayor Porter reported on the Commission /Committee Appreciation Dinner ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS Gabriel suggested another meeting (work session) be scheduled for April 13, 2010. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION 11 -a. 11 -b. ITEM 12: MOTION: Kenai City Council Action Agendas of February 3 and 17, 2010. Commission /Committee Appreciation Dinner Invitation, ADJOURNMENT Member Gabriel MOVED to adjourn and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:30 p,m, Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -120- BEAUTIFICATION COMMITTEE MEETING MARCH 9, 2010 PAGE 3 REPORT OF CITY MANAGER To: Rick Koch, City Manager /'i From: Terry Eubank, Finance Director Date: March 11, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT MARCH 2010 The past month has been a busy one with much of the department's focus on the preparation of the FY2011 Budget. The first draft of the budget is scheduled to be distributed by March 29` The library expansion project bonds were issued with proceeds being received on March 11th. Utilization of Recovery Zone Economic Development Bond Program resulted in a $158,200 present value savings to the City over traditional tax exempt financing. The department continues working with Chief Tilly on final implementation of the contracted ambulance billing service. Completion of that process is expected in the next 30 to 60 days. Preparation has also began on renewal of the City's Insurance Policies. To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: 03/10/10 Subject: March Monthly Report Total February Meal Count 2010 Served: Total Congregate Meals Served: 1,193 Total Home Meals Served: 1,296 Total February Meal Count 2009 Served: Total Congregate Meals Served: 1,149 Total Home Meals Served: 1,708 We were rented once in February. There were 957 volunteer hours for the month of February. KENAI SENIOR CENTER MID -MONTH REPORT Senior Olympics were held at the Blazy Mall. Soldotna Senior Center stole the traveling trophy from Nilciski Senior Center. 232 area -wide seniors participated, 42 from Kenai with 18 Kenai seniors who medaled. 60 seniors participated in the "Waffle Fridays." Volunteers made waffles and served orange juice and coffee for 83.00. Money raised went into the meal program. We celebrated on Valentines Day honoring all seniors who had been married 50+ years. Seniors enjoyed the recognition in the "Centerline" and couples who have been married 40+ will be celebrated in June, The center has been open on Thursday evenings three tines a month for Blue Grass. We have added Wii, board games, and ping pong in the game room. Friday night is the fundraiser for our home meal program. All tickets but 10 have been sold. The senior girls have assisted with advertising and selling the tickets as donating a pie for the auction. For the month of March and April, the Feinstein Foundation will match dollar for dollar donations for our home meal program MARCH 2010 PUBLIC WORKS DEPARTMENT MID MONTH REPORT MARCH 2010 c' c( KEHA ALASKA TO: Rick Koch, City Manager FROM; Wayne Ogle, Public Works Director DATE: March 10, 2010 SUBJECT: Mid Month Report; Public Works Department Public Works Operations: Wal -Mart Additional inspections are required by the Building Official prior to the issuance of the unconditional Certificate of Occupancy. Wal -Mart is still on schedule for their grand opening on March 31, 2010. The Streets Department has been busy clearing snow from the recent series of storms. The blowing snow causes drifting which can be very significant in places which complicates snow removal. The equipment operators use the snow gates to help avoid driveway berms. The Water Sewer Department is assisting our engineering consultants and Project Manager in conducting a pilot test program to examine water treatment methods. Public Works continues work on departmental budgets for FY2011 City budget. The Public Works Parks Recreation Directors along with two other City employees attended a recent 'OSHA 10 hour Seminar' in Anchorage. The Seminar was produced by Alaska Public Entity Insurance and gave an overview of OSHA requirements. Status of Projects: Projects in winter shutdown: Kenai Municipal Airport Rehabilitate Apron 2009 -2010: Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access). Kenai Communications Center Ergonomic Upgrade 2009. Two intensive -use 24/7 ergonomic sit -to- stand dispatch workstations and one securable server storage cabinet have been installed by Write Line, LLC. The Kenai Communications Center is now equipped with state -of- the -art furniture which is quite impressive Historical Cabin Relocation Project. Plans for the final completion of the cabin project are being made. The project team is looking for 12 sound, dry logs for use in the Dolchok Juliussen cabin. If these logs are not available, the plan is to acquire green logs, peel them this summer and use them the following summer, Following the log work, the cabins will be leveled. Wooden walkways through the cabin exhibit area will be installed, The Historical Society will also install a fence around the cabin exhibits. The plan is to complete work by Memorial Day. They are also planning a dedication ceremony including the presentation of a plaque around the 4`" of July celebration. The Historical Society has formed a committee to receive donations which will be used to furnish the cabins. Kenai Recreation Center Locker Room Upgrade 2010. This project will provide upgrades to the gym side locker rooms located at the Kenai Recreation Center. Project will include repair and painting of ceilings and walls, replacement of partitions, fixtures, counter top, base molding, mirror, and boiler room doors along with electrical upgrades. One set of lockers in the men's locker room will be replaced as well. A bid opening for the project has taken place with an apparent winner. The contract has been awarded to Blazy Construction, Inc. Kenai Recreation Center Gvm Lighting Replacement. Project will include replacement of the gymnasium metal halide lights with more energy efficient lighting. Specifications are being prepared and project will go out to bid. Kenai Visitor's Center Blazy Construction, Inc. will upgrade storage cabinet fronts and replace door handles and hinges in the copy machine room. -124- Me u of KENAL ALASKA POLICE DEPARTMENT MID -MONTH REPORT FEBRUARY 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief 45 DATE: 3/10/10 SUBJECT: Police Communications Department Activity February 2010 Police handled 457 calls for service, down 20% from February 2009. The Communications Center received 140 emergency 9 -1 -1 calls (73 from cell phones). 2,538 administrative calls were processed by Communications personnel. Officers made 45 arrests and wrote 338 reports. Traffic enforcement resulted in 192 warnings, 71 speeding tickets, 16 seatbelt tickets, 16 citations for equipment violations, and 39 citations for "other" traffic violations. There were 6 DUI arrests (all misdemeanors). Police investigated 4 vehicle crashes (1 injury crash). One of the crashes was DUI related. None of the crashes involved moose. In the schools, SRO Mitch Langseth handled 17 police related calls for service. Officer Langseth and Officer Douthit continue to teach DARE at Mt. View, KMS, Aurora Borealis, and Kaleidoscope. Officer Kelly George continues to attend polygraph training in Pennsylvania. On February 2 Lt. Kim Wannamaker retired from the Kenai Police Department. On February 3r David Ross was promoted from sergeant to lieutenant. On February 6`", Officer Jim Knott resigned from the City of Kenai, and returned to work for the Horner Police Department. Officer Knott had worked for the Kenai Police Department for just over 7 months. The department is currently advertising through Alaska Job Service and the City of Kenai website for two police officer positions. -125- Mc4; KENAlALASKA 2010 2009 2010 2009 STRAY 61 37 ADOPTED 51 47 Dogs 23 23 Dogs 25 38 Cats 36 12 Cats 21 6 Other Animals 5 2 Other Animals 5 3 RELEASED BY OWNER 49 41 CLAIMED Dogs 29 29 Dogs 5 4 Cats 17 10 Cats 0 0 Other Animals 0 0 Other Animals 0 0 D.O.A. Dogs 6 5 Dogs 22 10 Cats 1. 1 Cats 30 16 Other Animals 0 0 Other 0 0 TOTAL ANIMALS 117 84 Other Disposition Borough Animals Total Dogs Total Cats Total Other Community Involvement Projects: ANIMAL CONTROL MID -MONTH REPORT FEBRUARY 2010 6 EUTHANIZED 52 26 44 29 Field Investigations 71 31 58 57 Volunteer hours 84.5 25 54 23 Total phone 480 649 5 4 Kennel Permits 0 0 Christi held an animal care class at the Kenai Library 2/22/2010, we are hoping that this will become a regular event. -126- CAPITAL PROJECT MANAGER MID -MONTH REPORT the aivof MARCH 2010 KENM.AALLASKA The status of the projects is as follows: Kenai Community Library Expansion Project Architecture by ECl/Hyer, Inc. Completed Design Development (65%) Documents on December 2, 2009. Construction Document phase has been completed. The Bid Documents were released on March 9, 2010. There has been a positive response from the contractors and the Pre Bid is scheduled for March 12, with the bid opening on March 31, 2010. This project is scheduled for Council Award on April 7, 2010. Bridge Access Road Water Sewer Main Extension Engineered by Wm. J. Nelson Associates. Invitation to bid was advertised on November 30 and seven bids were received on December 30. The Council awarded the contract to North Star Paving and Construction Inc for 83,218,000.80 awarding all four additive alternates on January 6, 2010. The notice to proceed was signed on January 18, 201 The submittal process is underway, with extra focus placed on the Buy American documentation compliance. Contractor is currently under way with focus on station 32.50 to station 34.75 which includes the directional boring below the wetlands and the lift station. Lawton Drive Water Extension Project Engineered by Wm J. Nelson Associates. All permits are in place, and the project was advertised on December 28 and eight bids were received on January 28' Intent to award was issued to North Star Paving and Construction Inc for 86I9,580.00. The contract was awarded by council award at the February 3 meeting and Notice to Proceed was issued on February 16, 2010. Submittals are under way, clearing is completed and pipe is on order. Excavation is scheduled to begin when the pipe arrives depending on the weather. Arsenic Ground Water Study Engineered by HDL with Pilot studies by HDR. Amendment 12 was approved by ADEC and testing began at North Spruce well on January 4 and was completed on January 14. The test equipment was then moved to Well Two beginning on January 14. 2010 and was completed on January 18. A draft report was received on February 1 and is currently being evaluated while waiting for receipt and inclusion to the report of the lab analysis data. Preliminary data points to a primary focus of water treatment at the Well Two site considering the difficulties experienced at the North Spruce well. Preliminary tests of an alternate salt based system are currently under way. South Beach Dunes Fencing This is an American Recovery and Reinvestment Act (ARRA) funded project administered by U.S. Fish and Wildlife Service. The required approval has been received from the Donald E. Gilman River Center and the project is waiting for the U.S. Army Corps of Engineers approval prior to proceeding with the project. Due to the ARRA requirements, the project funding may not be adequate to complete the entire 5000 feet of fencing so the project will be bid with alternates, to allow for as much fencing as possible. Multi Use Facility Lighting Upgrade Registration with the Department of Energy's (DOE) PAGE system is complete. Coordination with the DOE is under way for development of documents compliant with the ARRA funding. The remaining funds necessary for completion as scheduled in the grant application are scheduled for appropriation later this month. Water and Sewer Rate Study Update Negotiations have been completed with CH2M Hill; the professional services contract was awarded at February 17 Council meeting. The contract has been signed and a Notice to Proceed will be issued on March 11, 2010. Togiak to Beaver Loop Water Extension Project— Engineering by Wm. J. Nelson Associates. This is the continuing extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal Assistance Grant (STAG), with the design scheduled for completion in early May with Council award scheduled for June. -127- the e# of KENAI, SKA PARKS RECREATION MID -MONTH REPORT MARCH 2010 A total of 96.50 hours were reserved at the rink in February, 2010. This compares to 64.25 during this same time last year. Ice will remain in through Spring Break. Department assisted with several student civic projects. Projects include shelving for one of the rink shacks, trail maps and a kiosk for the ski trails, a skate park sign /equipment ideas and a picnic table. Director has been busy with budget matters and ordering of material and supplies for summer maintenance activities. Planning for summer flowers and related design work is in full swing as well as other planning activities related to summer maintenance. Summer maintenance positions are currently being solicited with interviews beginning next week. Arrangements are being made to send Groundskeeper Dave Hernandez to an irrigation training session in Tucson, AZ schedule for early April. Director Frates also attended an OSHA safety training session in Anchorage March 1' and 2 Bill Evans, AK State Parks, is working toward completing the draft design work for park off Marathon Road. Blazy Construction is in process of ordering material for the Rec. Center bathroom remodeling project. Project will begin once most of the items are received. Director has been working with Bill Nelson Associates on design ideas for incorporating the existing beach walkways into a new design. Cost estimates for design work are forthcoming. Trail grooming efforts are ongoing. -128- thcuyof KENAI, ALASKA February Circulation Figures Adult Fiction Adult Non Fiction Periodicals Juvenile Fiction Juvenile Non Fiction Easy Fiction Easy Non Fiction Interlibrary Loan Total Print Total Circulation Library Door Count 7,694 The total circulation for February of2010 was 16% higher than the circulation in February 2009. Income Fines and Rent Xerox Lost /Damaged Test Proctoring Fee Printing Total income 02/10 Volunteers 6 Interlibrary Loans Ordered Received Returned Loaned by us Books 1,282.40 49.50 185.66 20.00 223.00 Hours 58 2,072 1,596 94 582 230 1,391 354 47 11,170 $1,760.56 Books 65 58 46 23 LIBRARY MID -MONTH REPORT MARCH 2010 Internet Access Music Puzzles Videos DVDs Audio books Miscellaneous Computer Programs 1,262 154 0 518 2,661. 177 28 4 6,366 Total Non -Print 4,804 In -House circulation 237 Downloadable Audio 224 Library Cards Issued February 2010 Internet Only Kasilof Kenai Nikiski Ninilchik Soldotna Sterling Non- Resident Organization Other Total 13 8 164 45 1 43 6 6 21 307 -129- Adult Programs Persons 9 89 Children's Family Programs 20 Attendees 338 the ufr KENAL ALASKA Mid month report for time frame 2 -15 to 3 -15 2010: FIRE DEPARTMENT MID -MONTH REPORT MARCH 11, 2010 The Fire department has continued to stay busy with normal day to day ambulance and fire calls. The call volume appears to be right on track with years past. Along with normal duties, we have continued to stay involved with the Kenai Peninsula College hosting Paramedic students for ride a longs. We have also stayed involved with the CERT team program and have scheduled a new class being taught by Engineer Sam Satathite this spring. The Fire Marshals' office has continued to work closely with the contractors at Walmart testing alarm systems and ensuring sprinkler systems, hood systems and alarms systems all function appropriately. The Fire Marshal is also presently involved with a week -long refresher class for Paramedics in Nikiski. Later this month he will be attending a conference in Anchorage for Fire Marshals around the state and Building Inspectors. The Training Chief has been busy getting additional people checked off to operate multiple apparatus in the department. This training and supervision assures proper operations and inspection of the departments vehicles. Additionally he has been working with the 103 Civil Support team from Anchorage with organizing a state wide drill this spring to test response capabilities and radio communications throughout the state. The Training Chief continues to work with the Sponsoring physicians' and coordinates training for department members. Numerous members in the department continue their car seat certifications so that we may host car seat check ups for the community. This is a much appreciated service. We have continuous requests for station tours and accommodated two this last month. Our department participated with the job shadow program with two participants from KCHS. Both were polite, respectful and eager to learn. It was great to see that kind of quality students wanting to learn more about our career. We are finalizing our travel plans for three City employees to travel to Osh Kosh Wisconsin for the final inspection of the new airport crash truck. We hope to have it in Kenai by the beginning of May. Municipal /Airport Airport Manager's Report For March 2010 Airport Projects: Taxiway F, G, H Lighting, Grading, Drainage Improvement: Winter shutdown. Apron Rehabilitation: A meeting is scheduled with airport tenants for Tuesday, March 16 to discuss the summer schedule. As the apron rehab continues to the south, there will be more impact with air carriers and tenants. To ensure that tenants and air carriers have limited impact, several tenant meetings will be held before the construction season. Float Plane Basin Facility Improvement Project: The Airport has received the Phase One Float Plane Basin Environmental Site Assessment from American Environmental. It is their opinion that the property is suitable for development with no environmental impacts expected from the identified sources. Runway Safety Action Teams (RSAT): The FAA requires that every airport with an Air Traffic Control Tower (ATCT) have a Runway Safety Action Plan which is updated by a RSAT. The team is composed of experts from Runway Safety, Airport Certification, Flight Standards, Air Traffic, and Operations. The team tours the airport, evaluates p� rocedures with the ATCT, and consults with various users. A meeting with the team, airport manager, operations personnel, and airport users is scheduled for 2:OOpm, Monday, April 26, at the Beacon Fire Training Facility. The airport has supplied a mailing list of airport users and RSAT will be mailing out invitations. 10 Annual KPAF Update: Mark your calendar for June 5. Staff is actively working to secure sponsorships, military participation, and static displays. 2010 -03 -131- INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 17, 2010 3/17/2010 Purchase Orders Between $2,500 and $15,000 for council revie 2. Budget Transfer in Capital Projects in excess of 3. 5,000. 3/2/2010 R. Koch letter to National Marine Fisheries Service related to Designation of Critical Habitat for the Cook Inlet Beluga Whale. 4. 3/11/2010 Kenai River special Management Area Advisory Board Meeting Agenda and 2/11/2010 meeting minutes. 5. 2010 Kenai Community Library Commission, Goals and Objectives 2010. O z 0 0 0 0 C N N r IA Z U W Q1 a: co O W z O 2 FY W O W 41 2 J U K 7 7 0 0 d 0 CJ 0 O 7 0) 0 0 0 O 0 O 4 co 0 y 0 0 J m 0 O a Ec -133- March 2, 2010 Kaja Brix, Assistant Regional Administrator Protected Resources, Alaska Region National Marine Fisheries Service P.O. Box 21668 Juneau, AK 99802 -1668 "Viffaye with a Past Cc ith a FFtauve" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 l Fax: 907 283 3014 www.ci.kenai.ak.us Subject: RIN 0648 -AX50, Endangered Threatened Species: Designation of Critical habitat for The Cook Inlet Beluga Whale Dear Ms. Brix: The purpose of this correspondence is to submit written comments on the above referenced subject. Please consider and include these comments within the administrative record for the proposed critical habitat designation for the Cook Inlet beluga whale. While this specific process is to submit comments regarding the proposed designation of critical habitat, the City of Kenai wishes to continue to be on record as opposing the listing of the Cook Inlet beluga whale under the Endangered Species Act (ESA). Attached, please find City of Kenai Council Resolution 2007 -51 opposing the listing. The National Marine Fisheries Service (NMFS) management allowed an unsustainable subsistence harvest of beluga whales in Cook inlet, and the population of beluga whale has increased by sixteen percent (16 since the unsustainable harvest ended. Representatives of the NMFS have stated that over 100 whales were allowed to be harvested when the population was estimated at less than 600 whales. Federal scientists predicted it would take five to seven years after the unsustainable subsistence harvest was stopped before growth would be seen in the population. The subsistence harvest was stopped in 1999, and the estimated population of beluga whales reached its lowest point of 278 whales in 2005, just as federal scientists had predicted. From a low of 278 whales in 2005, the latest survey in 2009 estimated 321 whales. And while 321 whales is a decrease from 2008, it still represents an increase of almost sixteen percent (16 over 2005, or an annualized rate of growth of four percent (4 The population of Cook Inlet beluga whales is already in recovery following the cessation of subsistence hunting. Therefore, further federal regulation, including the ESA listing, and the proposed designation of critical habitat, is unwarranted. The proposed rule does little to identify specific features or habitat in any areas of Cook Inlet, -134- but rather the NMFS has employed a "blanket" approach by proposing to designate the entire northern region of Cook Inlet and the entire western shore. The methodology employed by the NMFS does not appear to be based on the best scientific evidence available. As to the cost of the proposed designation of critical habitat, it is difficult to provide detailed, quantified comments since NMFS has been unable to provide answers to specific questions regarding the regulatory effect of the proposed critical habitat listing on present and future municipal, commercial, and private activities. The NMFS has estimated the cost impact of the proposed critical habitat designation at $157,000 to $472,000. Based on what we know today, we believe this estimate to be flawed and substantially lower than the actual cost impact. The following is an example of anticipated cost impacts as a result of a critical habitat designation at the mouth of the Kenai River on a single project: Project: Kenai River Bluff Erosion Stabilization Project Estimated Cost (in 2010 dollars): $30,000,000 Cost of Section 7 Consultation 250,000 Cost of Delay (1 Year 5% inflation) 1,500,000 Whale watcher during construction (365 days x 657,000 24 hrs /day x $75 /hour) The above referenced project is in the design phase, and over $10 million of the required funding is in -hand. The City of Kenai operates a wastewater treatment plant at the mouth of the Kenai River. The permitted discharge is into Cook Inlet. We expect, but have no way of knowing, that the City will have to comply with new effluent standards as a result of the designation. The cost of plant upgrades could range from $250,000 to $50,000,000. There are five permitted commercial fish processing plants at the mouth of the Kenai River, each with a Alaska Pollution Discharge Elimination (APDES) permit (formerly NPDES), for the discharge of fish waste into the Kenai River. Each of these plants may be burdened with significant costs to meet more restrictive effluent standards. The proposed designation should not move forward because the financial analysis of estimated cost impacts is flawed and significantly lower than the actual future cost impacts. A more realistic cost impact analysis should be conducted in consultation with affected entities. The present activities undertaken at the mouth of the Kenai River and throughout Cook Inlet remain relatively unchanged from 1979, when the estimated beluga whale population was over 1,300 whales (NMFS). The one dynamic to which the decline in the beluga whale population has been attributed, subsistence hunting, has been eliminated and the population has grown. Since there is no evidence of any existing activity, other than subsistence hunting, being detrimental or damaging to the population of beluga whales, and the proposed designation of critical habitat will certainly be used by special- interests organizations to hinder both present and future activities in Cook Inlet, there should be no designation of critical habitat. -135- Total 2,407,000 The present permitting process on both the state and federal level has shown that an appropriate level of regulation is already in -place to protect and help, the population of the Cook Inlet beluga whale to recover. The City of Kenai's position is that there should be no designation of critical habitat for the Cook Inlet beluga whale, at the mouth of the Kenai River, or the remainder of Cook Inlet, as there is no evidence that any activity other than the subsistence harvest, has contributed to the reduction of the Cook Inlet beluga whale population. Sincerely, ck Koch City Manager Attachment: City of Kenai Resolution 2007 -51 -136- CITY OF KENAI RESOLUTION NO 2007-51 -137- Suggested by: Adtninistration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE PROPOSED LISTING OF COOK INLET BELUGA WHALES UNDER THE ENDANGERED SPECIES ACT (ESA). WHEREAS, on April 20, 2007, the National Marine Fisheries Service (NMFS) (published proposed rule 72 FR 19854) to list the Cook Inlet beluga whale as an endangered species; and, WHEREAS, the sole documented cause of the population decline of Cook Inlet beluga whales was caused by subsistence harvest; and, WHEREAS, Legislation developed by Senator Ted Stevens has resulted in the harvest of one to two animals per year under a co- management agreement and, WHEREAS, though the NMFS August 2005 survey observed "unusually high numbers of juveniles and caves were present with white adult belugas" it is difficult, if not impossible, to see and count juvenile belugas from an airplane, making it impossible to develop a precise population estimate; and, WHEREAS, it is easier to count the whales when they reach five to eight years of age; and, WHEREAS, NMFS lacks sufficient data to justify a listing at this time; and, WHEREAS, critical habitat designation.s will Likely coincide with an ESA listing and pose negative impacts to human activities in and around Cook Inlet to shipping, oil and gas exploration, development and production, wastewater utility discharges, commercial and industrial coastal development, and commercial, sport, and personal use fishing; and, WHEREAS, an ESA listing will lead to increased limitations on existing operations and future development in and around Coolc inlet, without clear corresponding benefits to the population of beluga whales. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai opposes the proposed listing of Cook Inlet beluga whales under the Endangered Species Act and copies of this resolution will be forwarded to the Resolution No, 2007-51 Page 2 of 2 National Marine Fisheries Service, Alaska Congressional Delegation, Governor Sarah Pa lin, Senator Ton Wagoner, and Representatives Mike Chenault and Kurt Olson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July, 2007. A _EST: Carol L. Freas, City Clerk -138- KENAI RIVER Special Management Area "Working together...for the river" is CALL TO ORDER A. Roll Ca /I B. Minutes .Approval C. Agenda Changes and Approval III. REPORTS A. Agency and Government Reports a. State Parks Sinclair, Russell b. DEC- Stevens c. ADF &G- Vanial Begich/ d. USF &WVS- Schmidt e. USES/Chugach- Skibo f. City of Kenai- Ogle g. City of Soldotna- Miccicfie h. Kenai Peninsula Borough- Carey B. Committee Reports a. President's Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g. Board Development h. Agenda /Board Structure /Housekeeping IV, OLD BUSINESS/ ACTION ITEMS A. Regulation Update 8. Recreation Study Update C. V. NEW BUSINESS A. B. Vt. CORRESPONDENCE VII. PUBLIC COMMENT VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting April 8th, 2010 5:30 p.m. h'NA +'SPc /A\ Kenai River Special Management Area Advisory Board Meeting Agenda' Thursday, March 11, 2010 5:30 p.m. Gilman River Center f c v`Vr L�vs Lt Kenai Area Office, PO Box 1247, Soldotna, AK 99669,907-262-5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907-262-4441 Gilman River Center 514 Funny River Road, Soldotna, AK 99669,907-260-4882 Alaska Division of Parks and Outdoor Recreation, Oeparimeni aLAla ur& Resources, in cooperation wlth the Kena! Peninsula Borough KEN RECEIVED MAR 212010 CITY CLERK ft. Public Comments /Presentations Speaker Series Presentations: John Czarnezki, KPB Planner- Second and third set of recommendations for revisions HPO 21.18 Ordinance Review 1. Call to Order Kenai River Special Management Area Advisory Board Minutes Gilman River Center Thursday, February 11, 2010 5:30 p.m. A. Members Present:. Joe Connors, Ted Wellman, Carol Padgett, George Heim, Adam Reimer, James Czarnezki, Bruce King, Terri Carter, Marcus Mueller, Robert Begich, Tim Stevens, Peter Micciche, Wayne t'gae, Bobbi. Jo Skibo, Janet Schmidt. B. The Minutes for January 14, 2010 were approved as written. C. Agenda Changes and Approval: Item A was added to Old Business. It, Public Comments /Presentations Speaker Series Presentations: Warren Finley, KPB Ordinance Enforcement Officer, gay an overview. of responsibilities and duties of borough code compliance officer. John Mohorcich, KPB River Center Director, spoke regarding the Kenai Peninsula Borough's 50 -ft habitat protection ordinance. 21.18 Anadromous Streams Habitat Protection When the Borough Assembly passed Ord. 96-06 Defining the Kenai River Watershed and then.2000 -08 Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous Streams within the Kenai Peninsula Borough, the Ordinance called for periodic review (2 by the planning.department assessing the benefits and effectiveness of this chapter after one year, with a review every two years thereafter The last formal review appears to have been done in 2000. In order to continue the required review, the mayor has assembled a Working Group of Borough residents who are willing to assist Borough Staff and Officials as they propose changes to the code. The efforts of the Working Group will be divided into four (4) phases. Phase I (Jan -Jun 2010) will address the needed "housekeeping updates and revisions" with a couple of ordinances presented to the Assembly, Phase li (Jul -Dec 2010) and Phase III (Jan -Jun 2D11) will deal with major changes determined by the Working Group and presented to the Assembly. Phase IV (Jul -Dec 2011) will review the progress of the Working Group and determine future needs. Changes to the borough code will involve• acoilaborationofeffortsbytheWorking Group, KPB-Planning Commission.. the Kenai River Special Management Area (KRSMA) Board, the Kenai Watershed Forum, Borough Staff and resident stakeholders. All -work requiring Assembly approval wiII.be submitted to the KRSMA Board and to the Borough Planning Commission by the Borough Mayor in a timely fashion, Questions and answers: Joe Connors asked if it was important to keep the assembly abreast of what they were doing. John M. stated yes they are going before the assembly on Tuesday, February 16, 2010. Bobbie Jo Skibo asked what the make up of the interest group. how many people attended the first meeting? John M. stated there were around 25 members, consisting of agency members and public. Peter Micciche asked how the city code and borough code would be reconciled. John M. stated that the city of Soldotna planner has been involved in the process. Adam Reimer asked if there was any kind of long term plan, can you put a label on the different phases. Kenai River Special Management Area Advisory Board Minutes 'February 11 2010 Page of 6 -140- John M. stated that the mayor was hoping for was the interest group to prioritize the phase II and phase 111 items. The interest group would rank the items and we will start working for them in that fashion. Doesn't know exactly what the interest group will bubble up to the surface. We are hoping to get the phase 1 process complete and start phase 11 process in the fall. Adam Reimer asked if the staff is going to make sure that no issues are missed and the interest group and the public at large might help determine the order in which they are reviewed. John M. stated staff definitely has items that we don't want missed. It really all'boils down to the borough assembly, along with the planning commissioners, to make sure the things that need to be addressed are addressed. John Czarnezki, KPB Planner, gave a power point presentation over HPO 21.18 Ordinance Phase I and the timeline. Copies of the presentation can be found on the Donald E. Gilman River Center Website: htt lwww kenairivercenter.or•lworkina• rouolsetl.html. John reviewed the first four items of the ordinance, whi ch included the following: 21.18.030 Periodic Review 21.18.035 Watershed District 21.18.040 60 Degree Cut -bank Requirement 21.18.050 Floodplain Requirements The floor was opened to questions and answers after each item_ The following questions and answers were presented after the 21.18.030 Period Review Presentation: Janet Schmidt asked a question about public hearing, that cuts from possibly two hearings down to one in a 5 -year period, originally it would have been one every two years, is that correct? John C. stated initially they had staff prepare an assessment after one year and there after every two years a report was to be done. The new proposal is to provide at least annually, the statistics, issues, trends, to the planning commission rather than every two years and a comprehensive review every fifth year. Bobbie Jo Skibo asked where the public hearings come in? John C. stated they come in at the planning commission every year, every time a report is given. The recommended language would read, "For each annual report and 5 -year review, the planning commission shall hold at least one public hearing." The following questions and answers were presented after the 21.18.035 Kenai River Watershed District Presentation: Bobbie Jo Skibo asked if there was a section in the code that lists out the 14 other streams and rivers, plus the Kenai River. John C. stated they are listed in another section of the code, The following questions and answers were presented after the 21.18.040, 60. Degree Cut-Bank Requirement Presentation: Bobbie Jo Skibo asked if they are trying to come up with a standard to apply across the Kenai and all the streams or are they looking at a range, because it looks like there are various percentages in different locations. Looking at EPA and other agencies they use a range, I know it's more complicated to administer that, but it seems like that would be more effective and successful at protecting it, so where are you guys going with that? John C. commented what you see here is what we came up with and presented at the very first interest group meeting. We received a number of comments and questions, one was about how many properties is this going to affect and are there other ways to figure this out. We did a little more research and that is where we came up with some of the information from EPA and got the LiDAR information. So, we've added to the presentation and materials for oeopie to consider and comment on, by no means are we entrenched in this recommendation. We are very much open to discussion and trying to come up with something that is going to work. If its an approach that is graduated, based on the degree of severity of the slope,' that would be great if that's what folks are after. Kenai River Special Management Area Advisory Board Minutes February 11, 2010 Page 2 of 6 -141- Joe Connors asked sooner or later someone is going to ask you to explain rationale or defend basically why on the sloped areas they are technically back further than 50 feet. How do you argue that, depending on what the degree of slope is, it could be 70 or 80 feet back, if you just drew a perpendicular line, what do you say to those people. John C. stated I would hope that whatever standard we came up with would potentially look at the severity and move as far back as the degree of risk. There are a number of things that factor in slope stability, moisture content, the time of year, frost heaves, and vegetation cover. In all of these examples we gave from different municipalities, none of them were based on having a river at the toe, eroding it. Ted Wellman asked with respect to the proposals, you say you have data coming in to determine how many lots are adversely affected. I assume that as you look at these standards, you are looking at the idea that if you put a restriction in that deprives a person of use of their property entirely, that's kind of a problem. So how are you going to adjust that when you actually get the data in, what are you going to do about that if you have someone who has a fairly shallow lot and your standard makes the property unusable? John C. stated there is a procedure called a variance procedure, it's in title 21 of the borough zoning code and we are going to make sure it gets into chapter 21.18. The variance procedure is available to the public for situations for either physical limitation of the and or something else unique to the property so that they can't follow the setback requirements. The variance procedure is always available to the public. Ted Wellman asked, doesn't it make sense to know before you go setting standards, just how many lots you are going to adversely affect? John C. stated that it does and that is what they are doing Adam Reimer asked, one of the things that came up with I guess the watershed forum's review was coordinating the requirements with regard to 21.18 with other borough codes that might have similar types of. requirements. It just strikes me when I listen to this one in particular, I think I've made it clear that I'm with you guys on this, but I can see there's kind of a forked path in the road there, were you are either arguing it as a habitat protection buffer and there is a requirement for an increased distance on those grounds or else you are arguing h because you need stability because of property and the structure eroding into the bluff. if you looked at the possibility that maybe the additional setback in relation to the steepness of the bank should be incorporated into a building code or some other borough code that covers those kinds of things or maybe that is a way to get it the same thing. John C. stated that the IBC (International Building Code) does have a standard, It doesn't mean the people outside the cities have to follow it. The City of Kenai follows the IBC. The City of Soldotna has a setback on steep slopes, The borough typically relies on the public to follow their good sense. Zoning codes in particular are enacted for a number of reasons, public health, safety, and welfare. It's quite common to have a code doing a number of things, protecting people from themselves, in making really bad decisions on where to locate a building, as well as protecting the habitat and the environment that they are occupying. Adam Reimer asked if there is a borough code that could be a building code. John C. stated it's been talked about in the past, a building permit or a notification kind of idea, but it hasn't gone anywhere. Peter Micciche stated we had relatively stable rivers right now, what if you had a marching river like in Mat Su a few years back, are you going to cause a building rush in a place where there is not much building because people don't want to lose property due teethe 40% or the 50 feet back from the top of the slope? John C. commented that he didn't think so. On the Kenai River most of the properties are developed, that's not true on the other 24 streams that we regulate. There isn't anything in here that we feel it would be necessary to put a moratorium in place to haft things that its going to be so severe it would cause people to panic and put up buildings. We don't have that concern and just as another point, the folks in Seward would argue as far as streams that move. That area is atso being discussed as potentially playing alone and maybe trying to figure out a way to get them involved in this process as well as getting their streams some formai coverage. John M. addressedboth Adam Reimer and Peter Micciche's questions. John stated he thought Adam made a great point looking at other sections of code, to look at some of these issues. That's exactly what we feel potentially might happen to geographic areas of the borough, specifically Seward. Because the way the code is currently written we are talking about the 50 foot mark that starts at ordinary high water or mean high can just like we said, those rivers over there after every event can jump a quarter of a mile sometimes, but they move continuously. So this particular code as its written may not be a very useful tool for that geographic area. So we might be looking at other options, building codes might be a good fit. Kenai River Special Management Area Advisory Board Minutes February 11, 2010' Page 3 of 6 -142- Carol Padgett asked in reference to Ted Vtreilman question, once you see the parcels that might be impacted and if there is a significant number of them are you open to tweaking that recommendation? John C. stated yes, We had two options with regard to moving this process forward. One is coming to groups like yourself and stating we know there is a problem with steep slopes what do you guys want to do, and see what you generate. We decided to go the other route, which was to give you something to react to and that's what all of these are, ideas and information that we pulled from other areas, and that are based on our own years in the field. With the new LIDAR information we will have better information. Joe Connors asked what the time table was for dealing with these 4 for review. John C. stated these will be introduced at the assembly on Tuesday, February 16, 2010. They will go through a number of hearings and the first possible time they could be enacted would be .April 6, 2010. Tim Stevens stated looking at the current language, I'm trying to think of scenarios where your first 50 foot setback would work, would it be on a slope that is greater than 50 foot in length, because it looks like to me, the second one would always be the one you would fall back on I don't see a case where you would use the first 50 foot, unless it was for those slopes that were greater than 50 foot in length. Marcus Mueller stated that he thought Tim's point was that for example, if you looked at the area above the. -grave yards, you've got an immediate slope there of greater than 40 it's only 4 feet high,. so instead of measuring from ordinary high water, you would be measuring from the top of that 4 foot bank. John C. stated yes that is correct. In most cases you would be 50 foot back from the top of the bank. The language probably needs to be re- written with regards to that. Ted Wellman stated a historical comment from when we went through this the first time, there is a huge difference when you are putting something like this together when you have subdivided land or,not whether you are starting from a blank sheet of paper, and originally when this started before in 1995.96 there was suggestion, we really needed 300 feet for habitat protection zone and everyone could agree with that in theory, but the fact is that completely took over a lot of the lots that had already been partially developed along the river. So we ended up arguing back and forth and tried to come up with something that made the variance procedure minimal in other words, we tried to get the best we could from where the ball iaid at the time. Now, what concems me about this is, until I see that data, and see how many lots are going to be affected, I'm a little concerned about it going before the borough assembly to be approved, unless I know what the impact Is going to be. When is the data going to be available to see how many lots are going to be affected? John C. stated he couldn't give an exact date, but they are working on the numbers right now, We hope we will have the information up and on our website as soon as we receive it. They are hoping within the next week or so. Joe Connors asked in Terms of the KRSMA board's role, it looks like the items will come to us as an informational concept and then they will be taken to the assembly. What happens if there is something in here that we really feel we want to weigh in on? John C. stated the board can share the information with them, write a letter tothe planning commission, to #tae.. assembly, and testify individually or as a group. If there are issues you are concerned about you can contact your assembly members and make sure it is high on their list too. Pam. Russell commented to -Ted Wellman, she- understood•what he-was.saying, but -this- affectsjustwhatisin.place now, the 50 foot setback. It affects people where they can't do development in that 50 foot area, on probably more parcels of land than we realize. We have lots that are so short, we are seeing a lot of those now as people subdivide down smaller and smaller that they are under restrictions in just the 50 foot. Really doesn't see it being any different than what is in place right now. Ted Wellman commented that with the slope we are talking about, there may be lots that are so narrow, that effectively that if you lived by the details of the ordinance and setback, you wouldn't be able to use the lot at all. That may be fine, except for the fact that it would be making the lot unusable entirely. You are forcing a large number of people going into a variance procedure, the variance procedure then becomes the standard and we haven't accomplished anything. Maybe we need another strategy for dealing with that. The issue is how. much of a fight are we biting off by seeing this ordinance put into effect or is it going to become another hollow regulation on the books that the exception swallows the rule. John C. agreed with Ted Wellman variances should be the exception not the rule. Kenai River Special Management Area Advisory Board Minutes February 11, 2010 Page 4 of 6 -143- The following questions and answers were presented after the 21.18.050, Floodplain Requirements Presentation: Carol Padgett clarified that this would just be house keeping, not changing anything, just moving code to another section. John C. stated yes. On February 17, 2010, the interest group will be meeting to consider the next 4 items for review at the Donald E. Gilman River Center at 6:00 pm. III. Reports A. Agency and Government Reports a. State Parks, Pam Russell, stated the office is busy processing pe rmits. b. DEC, Tim Stevens, nothing to report. c. ADF &G, Robert Begich, nothing to report. d. USF &WS, Janet Schmidt, said they will be graveling parking lot at Russian River Ferry, e. USFS!Chugach, Bobbi Jo Skibo, nothing to report. f. City of Kenai, Wayne Ogle, busy putting together forte comments for Beluga Whale critical habitat issue. g. Cit of Soldotna, Peter Micciche, need to schedule an agency meeting for top 10 river concerns for Comp Plan. On the fish habitat partnership, nominated Kenai Watershed Forum for national NFH award. h. Kenai Peninsula Borough, Marcus Mueller, thanked the board on behalf of Mayor Dave Carey for the opportunity to present the borough habitat protection ordinance 21.18 modification process. B. Committee Reports a. President's Report, complimented 13 members of board who attended'meetings today. b. Guide Advisory, had 12 -13 people at meeting today, some of the issues talked about today were: enforcement issues on the Kenai River, conflict between different users on the Kenai River. the committee agreed that signage might work for identifying those areas that are traditional drift only areas. Third item was they felt that parks, in terms of enforcement personnel, needs a hotline number so there is a way to get a hold of them in a timely manner when incidents are being observed on the river. Another issue discussed was stipulations; no changes were made to them this year. Last issue was anchoring and fishing from a boat during king season, felt that current DNR regulations address it sufficiently, just a manner of coordinating with enforcement. Will meet at 2:00 pm on next Tuesday to discuss possible signage. c. Habitat, the steering committee for the watershed management symposium has been formed and will be meeting in the next couple of weeks. d. River Use met today and discussed river use education. The plan for the next meeting is to come in with some specific recommendations about what components of that education might be and how it might be phased in, in a reasonable way. Second thing was ideas to improve parking at the Pillars. Will have an action item at next KRSMA meeting requesting that DNR work with property owners adjacent to the Pillars to formulate a plan for overflow parking. e. Permits, in the process in reviewing an application for a Conditional Use permit in Castaway Cove. With information as of now, will probably oppose application. An email regarding application and the position that the permit committee is going to take, will be sent out for board members to comment on. f. LegistativefGovernment Activities, nothing to report. g. Board Development, nothing to report. Kenai River Special Management Area Advisory Board Minutes February 11, 2010 Page 5of6 -144- h. Agenda /Board Structure /Housekeeping, nothing to report. IV. Old Business Action Items V. New Business A. Letter to Mayor David Carey Adam Reimer made a motion to bring Letter to Mayor David Carey to the board, Discussion of letter and changes were made to second paragraph. The first two sentences of the second paragraph were removed. On third sentence, took out the word `also'. Motion passed unanimously. VI. Correspondence none VII. Public Comment none VIII. Adjournment A. Board Comments Adam Reimer encouraged board members to look at the 21.18 ordinance website. Pam .Russell reminded everyone Doug Whittaker will be giving presentation next Thursday from 6 -8 pm. B. Date /Agenda of Next Meeting March 11, 2010 5:30 p.m. Kenai River Special Management Area Advisory Board Minutes February 11, 2010 Page 6 of 6 -145- Goal 1: Make recommendations to the Library and Council to improve library services and continue to provide quality services to all library users. Objective it Continue to maintain and extend library and information services for users by supporting library staff with training. Objective 2: increase the public's awareness of the value and use of the library's resources and services by working closely with the media, developing relationships with community groups and improving communication with individual citizens and local schools. Objective 3: Continue to support programs by providing equipment, materials, technology and individual help. Objective 4: Encourage the library to design services and programs that target individuals of diverse geographic, cultural, socioeconomic backgrounds, special needs, and other underserved populations. Objective 5: Support budget increases as they' become necessary for additional library personnel and services. Objective 6: Review library policies and rules annually as well as the Library Commissions' goals and objectives. Objective 7: Evaluate the reinstatement of Sunday hours in the summer. Goal 2: Continue to work to enhance the physical space in the library. Objective 1: Commit to an annual review and reevaluation of the building and its facilities. Goal 3: Goals and Objectives 2010 Kenai Community Library Commission Objective 2: Encourage continued fundraising to coaplete the additive alternates in the library construction plan. Objective 3: Encourage continued fundraising for furnishing and fixtures in the newly expanded library. Objective 4: Work with the library staff and community on a transition plan to maintain services during construction. The library will provide Library users with a modern, clean, safe, accessible, and inviting facility which encourages learning and leisure reading, provides access to up -to -date electronic resources and fosters community discourse for all age groups. Objective 1: The library will provide an up -to -date collection of current topics and titles in a wide variety of formats; audio- visual technology, information databases and other technological resources, arranged in a customer friendly manner for easy access. Objective 2: The library will make available to all library users more popular items in more formats and greater numbers to alleviate long waiting periods. -146- Goals Achieved: Goals and Objectives 2010 Kenai Community Library Commission Objective 3: The library program will provide an environment for young people that is rich in stories, Iiterature, and reading material and support the development of the skills, interests, and passions necessary to succeed in school, careers and life. Objective 4: The library will present a welcoming place that supports teens' special interests, developmental needs and enhances their interest in reading for pleasure. Objective 5: The library will provide and promote classes and workshops to enable patrons to become familiar with various services and technologies offered at the library. Goal 4: The library will serve as a centralized, convenient community destination by providing formai and informal gathering spaces for a variety of programs, meeting spaces, and events. Objective 1: Provide money in the budget for programming for all ages. Objective 2: Encourage staff to apply for grants to support innovative programming. Objective 3: Before completion of the library expansion project develop policies that will govern the use of the new public spaces including the private study rooms, conference room and meeting rooms. Goal 5: The library's staff, commission and Friends will continue to find means, by way of grant writing and private fund raising, to enhance the library's services and collections beyond what the local tax support snakes possible. Objective 1: Promote the recruitment of library volunteers. Objective 3: Exchange infosuiation and ideas for enhancing library programs. Goal 6: Make recommendations to the City Council regarding capital and other improvements to the library. Objective 1: Increase the materials budget. Objective 2: Increase the opportunities for staff continuing education. 1. Provide support and assistance to the library director and staff in reviewing the present library facilities and developing a building program plan. 2. Work together towards a library expansion. -147- FROM: Bob Molloy DATE: 03 -16 -10 BOB MOLLOY 11 S. WILLOW ST., SUITE 101 KENAI, AK 99611 (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob @molloyforcouncil.com TO: Mayor, Council, Administration SUBJECT: Student Representative's 3 -03 -10 Request for Financial Assistance For Civics Conservation Summit in Juneau, Alaska %i2 BOB MOLLOY During council comments at our 3 -03 -10 council meeting, our student representative Maya Johnson requested financial assistance for her attendance at and participation in the Civics Conservation Summit March 15, 2010 through Friday 03 -19 -10 in Juneau, Alaska, as one of 20 Alaska youth leaders. We did not discuss and answer Ms. Johnson's question at that meeting. Attached for your review is some information received from Ms. Johnson and downloaded from the internet. I plan to discuss Ms. Johnson's request during my council comments at our 03 -17- 10 meeting. Time Monday 3/15 Tuesday 3/16 Wednesday 3/17 Thursday 3/18 Friday 3/19 Ban, breakfast breakfast breakfast breakfast airport pick up AK legislature power mapping legislative appointments future action opportunities 10am.. Group l Actly;ty BASIS media scavenger hunt focus bills house session? closing circ 12pm airport pick -up lunch lunch lunch on your own airport run registration can Lech Energy! outside rime legislative appointments 2pm welcome Focus Bill Groups 4pm Sen Bettye Davis Kristen Env 0tera y political identity Youth Voice Nils 6pm hostel check In cultural sharing prep leg meetings group debrief -dinner dinner dinner prep for dinner 8pm l0pm focus bills film festival cnapterreports prep for legislative vi communit dinner beach hike quiet time quiet Urn dance party quiet time lights out lights out fights out lights out From: Maya Johnson <maya.._aIa_johnson @yahoo.com> Subject: AYEA costs and agenda Date: March 15, 2010 6:17:13 PM ADT To: molloylaw @ak.net Cc. mboyle @alaska.com r 1 Attachment, 32.9 KB Bob and Mike, Sony I didn't have internet access until no great. My expected expenses are: Ticket: $261.90 Tuition: $100.00 Other: $50.00 TOTAL: $411.90 The summit has been very fun and informative so 'far- Juneau is I also attached a concise copy of our agenda. I can send a more detailed copy if you want. Thanks! Maya Civics Conservation Summit Alaska Youth for Environmental 3/15/10 8:13 PM Follow AYEA on Twitter to find out what we're up to in Juneau March 15 19! Deadline has passed NOT ACCEPTING APPLICATIONS If you have been accepted to the Civics Summit, click he for REGISTRATION information About the Civics Conservation Summit: The Civics Conservation Summit brings 20 youth leaders to our state capital for a week of high impact, fun, and adrenaline- pumping civic engagement lessons. During this event, youth will learn: how to talk with the media, how to communicate with elected officials, how to read a bill, and how to impact decisions our leaders make about our environrnent and our lives. We also include sessions on the tribal resolution process, environmental justice, and defining sources of power and influence. The training ends with youth -led visits to state legislators to discuss environmental concerns and interests. This is a Life- changing training that will give teens skills they can use in any arena. Who: Alaska teens from urban and rural communities who are interested in environmental issues and want to learn more about the political process! You do not have to have past experience with AYEA to apply for the Summit! All you need is interest and an open mind! We encourage 2-4 youth per community to apply to create a local peer network after the event. Twenty youth will be accepted. When: Monday, March 15 Friday, March 19. Participants travelling from farther away may need to arrive in the evening of Sunday, March 14. Teen participants are expected to stay with the group throughout the whole week and participate in the entire event. Where: The Training will take place in downtown Juneau, our state's capital city. We will be staying at the Juneau International Youth Hostel and conducting our sessions at St. Ann's Cathedral of the Nativity. Cost: http: /ayea.org/WordPress /training events gees/ 2 of 5 Civics Conservation Summit Alaska Youth for Environmental 3/15/10 8:13 PM The tuition is $100 for the 41 day training. This includes all housing, meals, transportation from Juneau's airport, training materials, equipment, and staff instruction! Travel costs to Juneau are not included. AYEA staff can help applicants with fundraising, and AYEA has Iimited scholarships available. (Please fill out the scholarship application.) Follow AYEA's Civics Conservation Summit on TWITTER! Parents friends: keep yourself up to date with what the group Learns, who they meet, and the impact they make! go to www.twitter.com /avea/ Last Year's Training; AYEA Teens push for Energy, Food and Fish! The 2009 Civics Conservation Summit was a huge success! Teens from around Alaska converged in Juneau last week, delving into a world of environmental politics and speaking out about the issues they care about. Highlights from the week include meeting with Special Assistant to the Governor, Joe Balash, meeting our Senators and Representatives, getting introduced during the House Floor Session, going to bill hearings, and even testifying! We wrapped up the week with a celebratory community dinner where we announced the winners of AYEA's annual Legislator Environmental Action Award. Click here for the FULL 2009 Civics Conservation Santini t report Click here to check out photos from the Summit on Flickr ALASKA YOUTHfor ENVIRONMENTAL ACTION N AT LOIN A L WILDLIFE Please Donate! FEDERATION Donate Jam. ice-; i °°i Your Donation is Tax- Deductlb AYEA Calendar Mar 15 Civics Cons ervation Summit Mar 18 Juneau Community Dinner http: /ayea.org/WordPress /training- events /ccs/ 3 of 5 To: Kenai City Council Fr: Jon Faulkner, Pres. Kenai Landing, Inc. Re: Open letter Date: March 16, 2010 Dear Kenai City Council: 074.4 F If we open at all this summer, Kenai Landing's operations will be substantially curtailed, resulting in the loss of 30 jobs and significant sales tax revenue. There are several factors that influence our decision to close, some of which are beyond the control of the Kenai City Council. However, I wish to focus on those that are within your control, and suggest ways in which the council can make a positive difference. The City Council's response to these issues will influence our investment decisions. RECEIVED MAR 1 7 2010 aENAI CITY CLERK In recent correspondence with the city manager, we have brought up the topic of competition between City Government and private business. We cited as examples: our launch ramp; fueling and fish offloading; camping; industrial land development and access to city water and waste solutions. City Manager Koch defended the City's policies and pointed out that the City engaged in dock and launch ramp enterprises before the current owners acquired Kenai Landing in 2004. This may be true, but it illustrates a one -sided treatment of the issue. Kenai Landing attracted Copper River Seafoods (CRS) to Kenai for the first time in 2005; prior to that, CRS had no presence here. In 2006, the city under -bid Kenai Landing for CRS's fish offloading and fueling business, effectively taking our customer. Since then, other customers of KLI have switched to using the city dock for reasons that have nothing to do with our service or capacity. Page 2 3/17/10 Kenai City Council Similarly, the city's launch ramp existed before 2004, which is when KLI announced plans to build its ramp. At that time, the city encouraged KLI's plans, and our permits were supported by the city. However, two years after Kenai Landing invested over $65,000 in a launch ramp and related services, the city elected to expand its launch facility. The city's decision to do this caused Kenai Landing to lower its launch fees and to postpone its phase II expansion plans. Recently, the city has voiced support for Trans Canada's decision to re -zone 40 acres of residential land off Bridge Access for its gas storage facility. This decision has occurred in a complete vacuum with respect to Kenai Landing —a heavy industrial site that sits over the storage field and owns sub surface oil gas rights that have conveniently been overlooked. The city's position on this re -zone application has not been neutral (even to the point of negotiating land swaps for other city -owned industrial land, we are told) and yet it creates a de -facto increase in scarce industrial land within city limits that competes directly with Kenai Landing. Camping and improved oversight of dip- netting is another area of concern. This is an enterprise in which we have recently invested in infrastructure improvements and realized some success. Once again, the City is contemplating expansion of camping enterprises -in competition with Kenai Landing —with no regard to how we might help solve the problem, or be impacted by the city's solution. A common theme throughout these examples is that none of them has generated a phone call, letter, or public notice investigating potential impacts to our business. Important decisions and actions are taken in isolation of the private sector. Page 3 3/17/10 Kenai City Council Kenai Landing is within city limits, and has on numerous occasions requested the city's help to address the long term water and waste requirements in our area. The absence of a plan is strangling our business and stifling economic investment. KLI has never asked the city for financial assistance, but we have asked for, and been denied, access to city personnel to assist with design and economic feasibility analysis of a system that the private sector would build and operate. Three years ago, I was asked to serve on a city task force for "waterfront revitalization —a term I discovered early applied to only one side of the river. The goal was to justify expansion of the waste system down Bridge Access. I opposed this on the basis that there was no formal request from the affected businesses at the time, and I raised concerns about the logic and economic return of the project. I pointed out then that whatever economic development or "return to taxpayer" formula was used to accord a priority to the Bridge Access project should be applied to alternative projects— similar to a "competitive bid" basis. Such a process ensures fairness, and a wise allocation of taxpayer dollars. To this day, KLI has been denied even an hour of consultation with city engineers over a long term water or waste plan for our area. Meanwhile, the Bridge Access project has consumed a great deal of city time and resources —a project which, by our calculations, will not generate enough revenue to pay the operating costs, let alone amortize the capital costs. In addition to competing with us for business, the city also has total power over our operation through regulation— particularly with respect to application of building codes with our historic buildings. Negotiations over what are deemed "reasonable" or "alternative methods" of compliance have completely broken down over the last two years, resulting in a total "freeze" on further investment and the closure of two buildings. An example of this is the city's recent insistence that Kenai Landing invest $50,000 to comply with alarm and detection equipment Page 4 3/17/10 Kenai City Council in the Marketplace (a building for which we had previously obtained an occupancy permit) -an unreasonable and uneconomic demand that is arbitrarily deemed safer than the technique of employing multiple "fire-watch personnel" as we have for four years. Restoration of historic properties almost ALWAYS requires public participation in fact in most cases outright ownership. Kenai Landing, on the other hand, has never asked for taxpayer assistance. Building permits and correspondence with the City will show a harmonious relationship between 2003 and 2007 that facilitated over $2 million in private investment, and achieved impressive results in enhanced building safety and code compliance. It should be noted that an architect was neither requested, nor engaged, for any one of multiple building permits and occupancy permits we obtained during this time. I urge the council to contrast the correspondence during the period above, with the period since —a contrast that is best illustrated by a simple and yet devastating policy shift by the City: KLI cannot have a discussion with building officials on the appropriate means of renovating a historic building without engaging an architect. A routine sheetrock project last summer occasioned a full scale investigation, complete with photo- documentation and demands for production of invoices from licensed contractors —none of which uncovered any meaningful violations. The city manager denies that any policy shift has occurred, but the record on this topic —which I urge the council to publish —will show a very different picture. In sum, the city council controls many things that influence Kenai Landing's confidence and our commitment to invest in our future. There are many unstable factors we must weigh every day, including the economy. And yet the most unstable is the regulatory climate and competitive pressures we feel from the city itself. Kenai Landing is a unique historic asset —a community asset —which we Page 5 3/17/10 Kenai City Council have demonstrated a remarkable commitment to preserve. It is a project filled with challenges and risks that are unique to historic properties. We hope and trust the policies the City enacts in the future will be conducive to further progress in this endeavor. Sincerely, a uGk-r on Faulkner CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MARCH 17, 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. 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. 3. 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. 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. 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. 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: March 18, 2010 Carol Freas From: Rick Koch Sent: Friday, March 19, 2010 1:01 PM To: Barry Eldridge; Bob Molloy; Hal Smalley; Joe Moore; Mike Boyle; Patricia Porter; Ryan Marquis Cc: Carol Freas; Krista Stearns Subject: April 7th, Executive Session Hi Everyone, FYI, I will be asking for an executive session at the April 7th meeting to discuss financial legal affairs of the city. I intend to speak to you about the letter Mr. Faulkner presented to you, and about a consideration of a sale of City lands to Cook Inlet Natural Gas Storage, LLC. Thanks Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 NOTICE OF PUBLIC HEARING MARCH 17, 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. 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. 3. 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. 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. 6. Ordinance No. 2470 -2010 Increasing Estimated Revenues and Appropriations by 5602 in the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAO). 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. 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: March 12, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 17, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www. ci .kenakak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 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. 3. 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. 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. 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 F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *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). 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. 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. 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 EXECUTIVE SESSION None Scheduled. 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 (J ITEL) STATES OF AMERICA, STATE OF ALASKA Denise Reece sworn, on oath deposes and says: That 1 asst and was at all times here in this affidavit retentions, Supervisor of Legais of the Peninsula Clarion, a news Herat circulation and published :tai, Alaska., that. the Council Agenda PO #90976 a printed copy of which is hereto annexed w� published in said paper on etvh and every day for one successive and consecutive day in the issues on the following dates March 15, 2010 l�L BLISHER'S AFFIDAVIT SUBSCRIBED AN.11) S .ZN to rne before 16th day of March 2010 r NOTARY PUBLIC in favor State of Alaska. My Commission expires 26- Aug -12 SS: ing first duly AGENDA KENAI CITY COUNCIL :REGULAR MEETING MARCH 17, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS tj}ip: /twww c i. k e n a t a k. u s ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1 Ordinance No 24654010 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 3. 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. 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 Restorafion of the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located In Old Town Kenai 6 Ordinance No 24704010 Increasing Estimated Revenues. and Appropriations by 5602 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 515,000 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 F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *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). 4. *Ordinance No. 2473-2010 Increasing Estimated Revenues and Appropriations by 51,300 in the General Fund for a Library Grant.:: 5. *Ordinance No- .2474 -2010 .Increasing Estimated Revenues and Appropriations by 54,660 000 in the Library Improvements Capital Project Fund: 6 *Ordinance: No 2475.2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by 52,023,595 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. 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. 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 EXECUTIVE SESSION None Scheduled. 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 D161/211