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2010-07-21 Council Packet
MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: 74206w AGENDA DISTRIBUTION Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department K N V Attorney City Manager Finance Airport Parks Recreation Student Rep. Hall Binder pc- st Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt K_ Sewer Treatment Plant Shop Building Maintenance Water /Sewer i Streets Dock Animal Control Counter DELIVER Council and Student Repr The Clarion, Mellish 5c portion of the agenda pul possible on packet day. c: /myf i les /documents /mi Peninsula Clarion (at emai Contacts or Ibell@acsalas ordinances for public hea to me and I hold them in agenda, resolutions and o soon as possible before in Ell Illta a r S I /h MI I _1 I III s S 1 sinO 'ddw NVWJJOO MOLLOY 51 I SMALLEY MOORE ELDRIDGE I 0 0 -O/ 1 1 MARQUIS MOLLOY IBOYLE 1 (PORTER I SMALLEY MOORE ELDRIDGE MOORE ELDRIDGE SIf10 lvw 1 MOLLOY 1 Ell Illta a r S I /h 111 s MEN S 1 sinO 'ddw NVWJJOO MOLLOY 2 (PORTER SMALLEY MOORE ELDRIDGE L W I AN I SIf1OHVW 1 MOLLOY 1 BOYLE PORTER SMALLEY MOORE ELDRIDGE SIf10 lvw 1 MOLLOY BOYLE PORTER A Ell Illta a r S I /h s 1 MEN S 1 sinO 'ddw NVWJJOO MOLLOY BOYLE (PORTER SMALLEY MOORE ELDRIDGE I I /h 1 I in II S 1 L W MEE a.oz°•�d n� 1 N SIf10 lvw 1 MOLLOY BOYLE PORTER SMALLEY 1MOORE ELDRIDGE vs COUNCIL MEETING OF w 0 0 z �a a U z 0 0 U U a 0 0 35 5 0,0 :100 a llelik i I A t:" 1 3. 5 5 8 5 7 litnatiAltri -4-' St 0 u 0 0 cl' 4 re i r 1 C: Oak AV C. ,S ar\a, I 3r S rikewAyok) 3 Cm rottfina A IC' 5,X) 0 a a s f 1 {j i r,„„"c c (c TESTIMONY SIGN-IN SHEET ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf *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: 1. Sarah Souders Beekeeping in the City of Kenai ITEM C: UNSCHEDULED PUBLIC COMMENTS Public comment limited to three (3) minutes per speaker) ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.ken ai.ak.us SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai 14 2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections 34 a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections 39 3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of S 196,945 44 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 ITEM E: MINUTES 1. *Regular Meeting of July 7, 2010 67 2. *Special Meeting of July 12, 2010 87 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 91 3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts 4. *Ordinance No. 2499 -2010 Amending KIM Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or By Other Means 5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library 109 6. Discussion Airport Access Permit 116 7. Discussion Funding and Developing a Plan /Covered Parking at Vintage Pointe ITEM H: COMMISSION /COMMITTEE REPORTS 56 102 104 1. Council on Aging 122 2. Airport Commission 126 3. Harbor Commission 130 4. Library Commission 134 5. Parks Recreation Commission 6. Planning Zoning Commission 139 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municpal 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 147 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS (Public comment limited to jive (5) minutes per speaker) 1. Citizens 2. Council EXECUTIVE SESSION None Scheduled. ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 21, 2010 7/21/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 167 2. Budget Transfer in Capital Projects in Excess of 5,000 Page No. 3. 7/13/2010 J. Clark, Executive Director, Boys Girls Clubs of the Kenai Peninsula letter with Quarterly Report and Quarterly Reimbursement Request 169 4. 7/13/2010 M. Bondurant, Airport Manager Memorandum related to Airport Capital Improvement List FY2010- FY2016 173 New Text Document The purpose of this packet is the education of Council Members regarding honeybees. Due to recent events concerning beekeeping inside Kenai City limits, I am requesting that the Council adopt regulations for the protection of honeybees and beekeepers. At this time, there are no codes or regulations in place for the city of Kenai concerning honeybees at all. Although Kenai is a rural area, i would like to propose that the Kenai City council adopt something similar to the code that the urban City of Anchorage has in place. This code is attached, along with other regulations for much more urban areas. There is quite a bit of misunderstanding in the general public about honeybees. Education is important to help people understand honeybee behavior. Honeybees are NOT the bees that chase you at a picnic, nor are they the bees that get into your trash. They are not carnivorous or aggressive. In fact, they are quite docile. (See attached pics) Responsible colony management and placement is all that is necessary to prevent negative public interaction with honeybees. Honeybees are not only extremely beneficial, they are, in fact vital to mankind. More than one -third of the worlds crops depend on honeybees for proper pollination. without honeybees, much of the fruit, nut, berry, and vegetable crops we take for granted would dissappear. Alfalfa (which supports much of the livestock that we eat) is dependent upon honeybees. Additionally, hive products, including honey and pollen are some of the most natural and pure foods in the world. Both are used extensively as a natural food in general, and also for people with severe seasonal allergies. Eating local pollen and honey builds immunities in your body to help defend against those same plants and trees that folks have reactions to. There are many resources online concerning the importance of honeybees, and their role regarding the sustainability of our environment. i would encourage you to do some investigating of your own, and look forward to your questions on the 21st Here are some resources to help you get started; http: pets. groups. yahoo .com /group /organicbeekeepers/ www.beesource.com www.americanbeejournal .com /site /epage /79327_828.htm (history of beekeeping in AK) Thanks for your time and attention, sarah Souders 907 -252 -5132 FYI- Honeybees are kept on the white House lawn! Page 1 Chapter 21.05: Use Regulations Sec,21,05.07o Accessory Uses and Structures only), and a site plan and building floor plans meeting the requirements of this title. 3. Beekeeping a. Definition Keeping honey bees, Apis mellifera, for the purpose of education and/or producing honey or other products related to bees. b. Use Specific Standards Colonies of Apis mellifera shall be managed in such a manner that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, colonies shall be: (A) At least 25 feet from any lot line not in common ownership; or (B) Oriented with entrances facing away from adjacent property; or (C) Placed behind a fence at least six feet in height and extending at least ten feet beyond the hive in all directions: No more than four hives shall be placed on lots smaller than 10,000 square feet. 4. Caretaker's Residence a. Definition A dwelling unit on the site of a non residential use and occupied only by a guard or the person who oversees the operation of the non residential facility (and his /her family). 5. Dormitory a. Definition A facility intended or used as group living quarters for students, religious orders, employees, and the like, directly affiliated with a permitted principal use such as a school, college, convent, or similar institutional use b. Use Specific Standards Dormitories in residential and mixed -use districts shall comply with the applicable multi- family residential design standards in section 21.07.100. ii. L2 visual enhancement landscaping is required when dormitories abut residential lots in a residential district. Drive Through Service a. Definition The physical facilities of an establishment that encourage or permit customers to receive services or obtain goods while remaining in their motor vehicles. A drive through facility consists of two parts —the queuing lane and a service station where the service occurs. The queuing and service facilities of motor vehicle related uses such as fueling stations, car washes, and vehicle service and repair are not included in the definition "drive- through service" as an accessory use, and are addressed elsewhere in this title. Title 21: Land Use Planning Provisionally Adopted September 16, 2008; AO 200849 Anchorage, Alaska Page 108 mumeoae Sections: 2 U f U Nn f. n gigs 10 N.,I t gf, 1. CL. 0 030 r r'o t ,1 n r' nth A. B. Maintenance and registration of colonies. It shall be the duty of any person, firm or corporation having honey bees, apis melllfera on its property to maintain each colony in the following condition: 1, Colonies shall be maintained in movable -frame hives. 2, Adequate space shall be maintained in the hive to prevent overcrowding and swarming. 3. Colonies shall be re- queened following any swarming or aggressive behavior. All colonies shall be registered with the Director of Agriculture pursuant to RCW 15.60.030 prior to April 1st of each year. 100 1, 1979: Onf. 701531 1 (par), 7972.) 1ft,, °3a »p P?t1 Nuisances designated. Bees living in trees, buildings, or any other space except in movable -frame hives; abandoned colonies; or diseased bees shall constitute a public nuisance and subject the owner to the penalties imposed by Section 1 of Ordinance 101531 (Ord, 101531 2, 1972) Editor s note- 1. Editors Note: Penalties imposed by Section 1 of Ord. 101531, are set out in Section 10 35 030 Abatement of nuisances. Activities or places not meeting these standards shall be deemed public nuisances. The Corporation Counsel shall maintain a civil action to abate and prevent such nuisances. Upon judgment and order of the court, such nuisance shall be condemned and destroyed in the manner directed by the court or released upon such conditions as the court in its discretion may impose to secure that the nuisance will be abated; the owner of such nuisance shall be liable for a fine not to exceed One Hundred Dollars ($100.00). (Ord. 101531 1 (part), 1079.) l'age 1 oI 1 http. /library.municode. com/print.aspx ?clientID =13 85 7 &HTMRequest= http %3 a %2f%2fli... 7/13/2010 -3- T1 II. KEEPING AND MAIN i AINING &41nn °e:-_i!.!a.:d_._i mdL c 11 f 1 ._4__y ?its aryl,+ °i q s 3 1?lilXdr1 r t1 5S:. u) rl it „i D 9 ui neclos:4g,, 163101;), -5C .ctjal 1. 16!_ Kc gill.,.W111.1 l ?i.J n Ernigiol Cigka hnh1_r_. r7l.j s strt:� nner of keeping generally. It is unlawful for any person to keep or maintain any animal or bird in the City in a manner likely to disturb the peace, comfort or health of any person residing within the City. B. A person who violates this section is guilty of a Class 1 misdemeanor, however, the City Prosecutor may authorize the filing of certain cases or classes of cases as civil violations unless the person previously has been found responsible or guilty of violating this section. C. A person found responsible for a civil violation of this section is subject to a sanction of not less than one hundred fifty dollars and not more than two thousand five hundred dollars. D. In addition to any other penally authorized by law, a person found guilty of a criminal violation of this section shall pay a fine of not less than one hundred fifty dollars. (Corte 1962, 984; Ord. No. 64357, 1; Ord. No. 04776, 1,. adopted 2 -8. 2006, elf. 3- 10.2606) A. Reptiles or wild animals. No person shall keep or maintain any poisonous reptiles or dangerous carnivorous wild animals without first having registered such animals or reptiles with the Director of the Police Department, who may prescribe regulations to insure the safe penning or caging of such animals or reptiles. Page j of 3 (Code 1962, 9 0.7; Ord. No. 0.5444, 9 3, adopted 10-21-2009, eft 11-20-2009) I Sec, 23-7, Poultry and rodents. Except as otherwise provided in this article, It is hereby declared to be a nuisance and it shall be unlawful for any person to keep rodents or poultry within the City. No poultry or rodents shall be kept in an enclosure within eighty feet of any residence within the City. Poultry may be kept within eighty feet of a residence if written permission consenting to the keeping of poultry less than eighty feet from a residence is first obtained from each lawful occupant and each lawful owner of such residence. Poultry shall not be kept in the front yard area of any lot or parcel within the City. Poultry and rodents shall be kept in an enclosure so constructed as to prevent such poultry and rodents from wandering upon property belonging to others. (b) No more than twenty head of poultry nor more than twenty-five head of rodents nor more than twenty-five head comprising a combination of rodents and poultry shall be kept upon the first one -half acre or less. An additional one -half acre shall be required for each additional twenty head of poultry or for each additional twenty-five head of rodents or for each additional twenty five head comprising a combination of poultry and rodents. For areas larger than two and one half acres the number of poultry or rodents shall not be limited. (6) No male poultry shall be kept within the City limits except such male poultry as are incapable of making vocal noises which disturb the peace, comfort or health of any person residing within the City. (d) All such enclosures shall be kept in such condition that no offensive disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood thereof. (Cods 1962, 9 84; Ord, Ns. G -1207, 9 1; Ord. No. 6 -1367, g 1) :Sec', Unlawful keeping of pigeons; classification. http.// library municode. cam /showDocument.aspx ?clientlD= 13485 &docID =0 7/13/2010 -4- q, It is unlawful fora person to keep pigeons within the City. B, Subsection A does not apply to a person who keeps pigeons if all of the following apply: 1, The pigeons are kept in an enclosure that is not located in the front yard area of the property on which the pigeons are kept. 2. The enclosure has not less than one square foot of floor space for each mature pigeon kept or housed in the enclosure. 3. The enclosure is in compliance with applicable provisions of the Zoning and Building Codes. 4. The person feeds and waters the pigeons within the confines of the enclosure and does not provide food and water for pigeons outside of the enclosure, 5. The enclosure is kept in such condition that no smell or odor arises from the enclosure to the injury, annoyance or inconvenience of a reasonable person of ordinary sensitivities. C. A person who violates this section is guilty of a Class 1 misdemeanor, however, the City Prosecutor may authorize the filing of certain cases or classes of cases as civil violations unless the person previously has been found responsible or guilty of violating this section, U. A person found responsible for a civil violation of this section is subject to a sanction of not less than one hundred fifty dollars and not more than two thousand five hundred dollars, E. In addition to any other penalty authorized by law, a person found guilty of a criminal violation of this section shall pay a fine of not less than one hundred frfty dollars. F. For the purposes of this section: 1, Enclosure means a pen, cage, loft, coop, aviary, shed, or any other fully enclosed structure or area where pigeons are kept or housed and confined. 2. Mature pigeon means a pigeon aged thirty days or older. 3. Pigeon means any bird of the family columbidae and species columba tivia, com manly known as the rock dove, horning pigeon or carrier pigeon. (Ord. No, G 4776, 2, adopted 2.8.2(106, eff.. 3.10.2000) (3) http: /Ilibrary.muni. code. com /showDocument.aspx ?clientID =13485 &docID =O -5- 'Editors note —Ord, No, 0 -4776, adopted Feb. 6. 2006, effective Mar. 10, 2006. added said subsection numbered as 6- 7.010. inasmuch as there tweedy existed a subsection 8.7.010, and to maintain alphabetical sequence, at the direction of the City Attorneys' Office said subsection was renumbered as subsection 6.7.01F. See Regufatfons for keeping within City. (a) The maintaining or keeping of all animals within the City shall be allowed as stated above only so long as they do not cause, create or contribute to or become a health nuisance due to noise, the presence of flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material, or for any other like reason. Manure and droppings shall be removed from pens, stables, yards, cages and other enclosures at least twice weekly and shall be removed from the premises at least twice each week. For the purposes of this provision "premises" means the lot or parcel of ground upon which the pen, stable, yard, cage or other enclosure is located, (b) No swine shall be kept within the City limits, except registered purebred miniature Vietnamese potbelly pigs and other similar registered purebred miniature pigs. Miniature pigs shall not exceed one hundred pounds. No more than three miniature pigs shall be allowed per household. This ordinance shall not apply to or affect any prosecutions filed prior to the effective date of this ordinance. (c) Except as otherwise provided in this chapter, the keeping of all animals within the City shall be subject to all pertinent regulations of the State of Arizona and the Maricopa County Board of Health. (d) No person owning, keeping, possessing, harboring or maintaining any animal, as defined in section 8 -1, shall allow such animal to run at large. (e) The premises upon which fowl, rodents, cattle, horses, sheep or goats are kept shall always be sanitary and subject to inspection and regulation by the City Health Officer. (f) Keeping of bees. (1) It shalt be unlawful for any person to keep bees on any tot or parcel of and consisting of less than six thousand square feet in area without first having obtained written permission, subject to the provisions of section 8 -9, consenting to the keeping of bees on such lot or parcel from all of the lawful occupants and the lawful owners of adjoining lots or parcels of land, as defined in section 8-1, which are located in the immediate vicinity of the property whereon the bees are kept. (2) It shall be unlawful for any person to keep or maintain more than one hive or colony of bees for each one thousand seven hundred square feet of area within any lot or parcel of land upon which bees are kept or maintained. Page 2 o1 3 7/13/2010 No hive or colony of bees shall be kept or maintained within five feet of any boundary line of the lot or parcel upon which the bees are kept. (4) Any person keeping or maintaining bees within the City shall provide a constant and easily accessible supply of water of sufficient quantity to meet the needs of all bees being maintained. (Code 1952, 5.9; Ord. No, G-1053, 1; Ord. No. 04357, 1; Ord. No. G -1482, 1; Ord. No, 0-3399, Written permission; revocation. Written permission as provided in Section 8-7, subsection A, and Section 8 -10, subsection B, shall be signed by the occupant or owner so consenting and is effective when it is filed with the Director of the Neighborhood Services Department or the Director's designee and expires five years from its effective date. B. Except as otherwise provided in subsection G, written permission is irrevocable by the occupant or owner so consenting for a period of five years from its effective date. C. Written permission is revoked for the purpose of complying with the exceptions of Section 8 -7, subsection A, and Section 8 -10, subsection B, under any of the following circumstances: 1, A lawful occupant who has given written permission gives up legal possession of the residence or property covered under section 8 -7, subsection A, or Section 8 -10, subsection B. 2. A lawful owner of property who has given written permission is divested of all interest in the property by the recordation with the Maricopa County Recorder of transfer of legal ownership. 3. A lawful owner or lawful occupant of property who has given written permission files a signed revocation of written permission with the Director of the Neighborhood Services Department or the Director's designee prior to the filing of the written permission. (Code 1962, 6 -10; Ord. No. G- 1367, 1; Ord. No G -4705, 7, adopted 64-2005, erf. 7.9.2905 Minimum area limitation: nuisance. Except as otherwise provided in this section, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep any animal, as defined in section 8-1 of this chapter, within the City on any lot or parcel of land consisting of less than ten thousand square feet in area. (b) Poultry may be kept on a lot or parcel of land within the City consisting of an area less than ten thousand square feet if written permission consenting to the keeping of poultry on such lot or parcel is first obtained from all of the lawful occupants and the lawful owners of adjoining lots or parcels of land, as defined in section 8 -1, which are located in the immediate vicinity of the property whereon the poultry is kept. (c) The provisions of subsections (a) and (b) above shall not apply to the keeping of: (1) Small household pets to include, but not be limited to, dogs and cats; or (2) Animals for commercial purposes where such use is established as a lawful use under the Zoning Ordinance of the City of Phoenix. (Cada 1962, 6 -10.1; Ord. Nc. 0-1357, 1) A. Page 3 of 3 http: library. municode. com /showDocument.aspx ?ciientID= 13485 &docID =Q 7/13/2010 -6- DISCLAIMER This document is and will always be a work in progress, intended for regular update and revision. It offers guidelines for responsible hobby beekeeping in New York City. It is not an instructional text; we strongly urge anyone interested in urban beekeeping to take the New York City Beekeepers Association "NYCBA course on urban beekeeping (go, to www.nyc;rbees.ora for details on current course offerings). Likewise, this document is not intended to provide legal advice. It does not address practices related to selling honey or any other^farm product; moving colonies, bees, or beekeeping equipment; or liability insurance issues. Finally, this document represents the Best Practices advocated by the NYCBA, not New York City or its Dept talent of Health. INTRODUCTION New York City Beekeepers Association's Best Management Practices for Safe Urban Beekeeping Beekeeping has become increasingly popular in New York City. Although generally docile, honeybees (Apis,mellifera) can and may sting. Responsible management is therefore necessary to avoid creating problems for neighbors, particularly in an urban setting. This document is intended as a reference and standard for honeybee management in New York City. It may serve as a resource for information to reinforce community confidence in the safety of beekeeping activities; a standard reference for addressing complaints or conflicts about beekeeping activities in New York City; and a compendium of best management practices that NYCBA members are encouraged to follow. HIVE NOTIFICATION SELECTED REGULATION Beekeepers must notify both New York City and New York State regarding hives kept in the five boroughs. Article 161 of the New York City Health Code, section 161.01(6)(12), requires that persons keeping honey bees "file a notice with the Department, on a form provided or approved by the Department, containing the beekeeper's name, address, telephone, e -mail and fax numbers, emergency contact information, and location of the hive, and they shall notify the Department within ten business days of any changes to such information." NYC hive notification forms are available at http:// www. ny ttov/ htrnli rin d ownloads/ pdrths /ehs- •heek.eepine- auideiine.pd NYS hive- Iocation surveys are available at http:// www. asn ,kt.state.nv.us /PI /P1 134.odf. Section 161.01(b)(12) also requires beekeepers in New York City to "adhere to appropriate beekeeping practices including maintaining bee colonies in moveable -frame hives that are kept in sound and usable condition; providing a constant and adequate Water source; locating hives so that the movement of bees does not become an animal 0 New York City Beekeepers Association 2010 nuisance, as defined in 161.02 of this Article; and shall be able to respond immediately to control bee swarms and to remediate nuisance conditions." Section 161.02 defines a. beekeeping nuisance to "mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors, hive placement or bee movement that interferes with pedestrian traffic or persons residing on or adjacent to the hive premises; and overcrowded, deceased or abandoned hives." GENERAL BEST PRACTICES Education The first and most critical step in responsible beekeeping is education. All beekeepers should have a solid understanding of honeybee biology and basic beekeeping methods. We strongly suggest that new beekeepers take the NYCBA Basic Urban Beekeepers Course and read at least three different beekeeping guides. Here are some books that the NYCBA recommends: The Beekeeper's Handbook by Alphonse Avitabile Diana Sammataro (2006) Beekeeping for Dummies by Howland Blackiston (2009) First Lessons in Beekeeping by Keith S. Delaplane (2007) la Natural Beekeeping: Organic Approaches to Modem Apiculture by Ross Conrad (2007) The ABC XYZ of Bee Culture: An Encyclopedia Pertaining to the Scientific and Practical Culture of Honey Bees The Backyard Beekeeper: An Absolute Beginner's Guide by Kim Flottum (2010) Beekeeping: A Practical Guide by Richard E. Bonney (1993) The Hive and the Honey Bee by L.L. Langstroth (1853) Biology of the Honey Bee by Mark L. Winston (1991) Honey Plants of North America by John H. Lovell (1926) Beekeepers should stay informed of recommended changes in beekeeping practices, including the treatment of parasites and illness, threats to honeybee health, and government regulations. One way to do so is to become a member of a beekeeping association that holds regular (preferably monthly) meetings, such as the NYCBA. Another way is to subscribe to a beekeeping magazine like Bee Culture. Colony Temperament and Behavior A colony's temperament is determined by its queen's characteristics, its health, environmental factors (e.g., weather), and proximate activities. Every effort should be made to maintain a docile and non defensive colony. Guidance on selecting queens, maintaining hive health. and mitigating environmental impact follows. Considerate Hive Management Beekeepers should take into account that weather conditions influence bee behavior and plan to work bees when conditions are favorable. Beekeepers should make sure that neighbors are not working or relaxing outdoors when they open hives and should perform hive manipulations as quickly as possible with minimum disturbance to the bees. C New York City Beekeepers Association 2010 -8- Extended hive manipulations, particularly when removing honey, should be carefully planned to accommodate neighbors' activities. Smoke should be used when working bees. Hive entrances should be smoked before mowing or trimming in the hive area. Clippings and exhaust should be directed away from hive entrances. Consider using a manipulation cloth (to cover the top of the open hive) in extreme heat or to otherwise minimize hive disruption. Hive Placement Correct placement of hives is a very important consideration for responsible beekeeping in urban and suburban settings perhaps the most important consideration in New York City. Successfully moving an established beehive, especially from a roof in New York City, can be very challeneine (and sometimes impossible). Renters are especially encouraged to seriously consider the long -term potential of their situations. Ensure that your hive is in a location that can he accessed regularly, safely, and easily. Hives should be placed in a quiet area and not directly against a neighboring property unless a solid fence or dense plant barrier of six feet or higher forms the property boundary. Hives should be kept as far away as possible from roads, sidewalks, and rights of way. Flight paths into the hive (generally ten feet in front of the hive entrance) should remain within the owner's lot, although barriers (e.g., fencing and tall shrubs) can sometimes be used to redirect the bees' flight pattern. For flat -roof placement, ensure that the hive can be made level; ensure that the roof below can support the weight of a hive full of honey with cinder blocks on top (and you); and attempt to reduce the impact of high winds. The NYCBA is not aware of successful roof -top placement of hives in New York City above the sixth -floor level; please let us know if you have been able to keep hives with success on higher floors. Beekeepers are encouraged to post signs to alert neighbors and passersby to the presence of their hives; generally it is best to place such signs so that they are only in view when the public would otherwise be able to view the hives themselves. Hive Densities in an Urban Setting Beekeepers are advised to closely observe their apiary locations to determine the carrying capacity of the area —both the immediate area and roughly three miles in all directions and to limit the number of hives accordingly. Signs of over saturation in an area include slow colony growth, poor honey production, and excessively defensive behavior. Provision of Water Article 161 of the New York City Health Code, section 1.61.01(b)(12), requires that beekeepers provide "a constant and adequate water source." Bees use large amounts of water to control temperature and humidity within the hive. They prefer a sunny place with surface moisture—such as gravel a sponge set in a dog water bowl or the edge of a birdbath —where they will not drown. The water should be kept fresh and clean so as not to become a breeding ground for mosquitoes. Beekeepers should establish such water sources near the apiary to encourage bees to forage for moisture near the hive. In hot New York-City Beekeepers Association 20I0 -9- weather, honeybees use large amounts of water to control temperature and humidity within the hive. It is particularly important in an urban environment like New York City to provide a source of fresh and consistent water for the honeybees, to prevent them from seeking water from sources such as air conditioners or other such locations where the honeybee would be perceived as a nuisance. Swarming Swarming is natural honeybee behavior, but it should be prevented or minimized (especially in urban settings). Two primary causes of swarming are congestion and poor ventilation in the hive.-. To avoid these conditions, beekeepers should consider: Appropriately timed addition of supers for brood rearing and honey storage Y Use of screened bottom board Brood chamber manipulation and /or colony division Replacement or old or failing queens These and other swarm management practices are explained in detail in most good beekeeping textbooks. When a swarm occurs, efforts should be made to collect the swarm. Swarms captured from areas of interstate transportation or heavily populated areas or other locations where the origin of the bees may be questionable should be monitored frequently for abnormal defensiveness. Recommendations for dealing with a defensive colony are covered in the final (Africanized. Honeybee) section of this document. Queens Queens should only be obtained from the most reliable sources. Please check with the NYCBA for suggestions on obtaining queens. Local sources, where available, are preferred to reduce the chances of introducing Africanized honeybees and to ensure that the queen is well suited to the climate. Beekeepers should ensure that their queens are young and vigorous layers. A queen of less than two years old is recommended. Nevertheless, each beekeeper must evaluate their queens on a regular basis for performance and hive gentleness. Desirable characteristics for a queen include• gentle disposition brood viability low swarming instinct colony build up disease and pest resistence O pollen hoarding Only queens of European origin should be used. The NYCBA recommends that Italian or Minnesota Hygienic queens be used in New York City, although other European races of Apis meliifera include Buckfast, Carniolan, Caucasian, Cordovan, Russian, and Starline. Any colony exhibiting unusually defensive behavior or an excessive swarming tendency should be requeened as soon as possible. New York City Beekeepers Association 2010 -1 0- Robbing Behavior When nectar is scarce, honeybees may rob from other hives. When they do, they tend to appear more defensive. Under such conditions, beekeepers should work hives for only short periods of time and only if really necessary. Exposing honey can encourage robbing. (For this reason, the NYCBA does not recommend the use of hive -front Boardman feeders except for watering in the summer months.) All honey and syrup spills should be cleaned up immediately. Areas used for honey extraction should be bee proofed to prevent robbing situations. Disease Control There are a number of honeybee diseases and pests for beekeepers to be concerned with. It is critical that beekeepers be educated to recognize and respond to disease. Some diseases, like American Foulbrood, are extremely contagious. Beekeepers should be extremely cautious about mixing hive equipment and purchasing used equipment for this reason. It is incumbent on beekeepers to manage all disease and pests, including parasitic mites, to ensure colony health and honey quality. Beekeepers should also report outbreaks of bee disease and pests in accordance with Article 15 of the NYS Agriculture and Markets Law, available at http: /www.agmkt .state.ny.us /TheDepartment.html. Reeordkeeping Good recordkeeping should be a priority for all beekeepers. A written record of colony manipulation and observation should be maintained for each hive. Your colony management log should include a catalog of the equipment used, a record of inspections and findings therein, and a history of actions (e.g., adding removing honey supers), and any relevant observations regarding the hive. AFRICANIZED HONEYBEE The Africanized honeybee "AHB was introduced to Brazil in 1957 and accidentally escaped from confinement colonies. While maintaining its genetic identify, this race of bee expanded its range in South and Central America and arrived in the United States around 1990. Since that time, AHB have colonized Texas, New Mexico, Arizona, California, Nevada and Utah, Oklahoma, Louisiana, Arkansas, Alabama, and Florida. Due to defensive behaviors and difficulties managing AHB using European honeybee beekeeping methods, the AHB population has disrupted agriculture, beekeeping, tourism, recreation, and public life in general as it has spread It is not yet known whether ABH will be able to establish in cooler climates. That said, northern states rely on southern states, particularly Georgia and Florida, as a source of package colonies and queens, and commercial beekeepers routinely transport colonies to over winter in southern states. Management to Avoid AHB Introduction and Establishment The queen management techniques laid out in the General Best Practices section of this manual are relevant to the discussion of AHB avoidance practices. The techniques are intended for maintenance of European stock and include: O New York City Beekeepers Association 2010 Bi- annual requeening with certified European stock purchased from reliable sources (local when possible) Requeening only with marked. queens Maintaining requeening records and purchase documentation Monitoring the behavior of the bees and replacing the queen immediately if the hive becomes difficult to manage Any beekeeper who witnesses unusually defensive behavior should take the following steps: 1. Contact the NYCBA 2. Requeen immediately with certified European stock 3. Contact the State Bee Inspector 4. Monitor requeened hive for continued defensiveness Ce3 New York City Beekeepers Association 2010 -12- -13- HE AI. ALASKA Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2496 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING UPDATED OWNERSHIP, ZONING, AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make land use amendments to the Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, since the adoption of the City of Kenai Comprehensive Plan numerous amendments to the Official Zoning Map have occurred; and, WHEREAS, when amendments to the Official Zoning Map are made, an update to the ownership, zoning, and land use plan maps within the Comprehensive Plan should also periodically be made to provide more current information in the Plan; and, WHEREAS, the last update to the zoning and land use plan maps within the Comprehensive Plan occurred. in June, 2008, and the last update to the land ownership map within the Comprehensive Plan occurred in 2003; and, WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on June 9, 2010, and unanimously recommended the City Council adopt updated ownership, zoning, and land use plan maps to show current land ownership as well as zoning and land uses within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a non -code ordinance. Section 2. Replacement of Mans Within the Comprehensive Plan: The ownership, zoning, and land use maps of the City of Kenai. Comprehensive Plan, Maps 5, 6, 10, and 11, are replaced, respectively, with the updated maps as shown on Attachment A, Attachment B, Attachment C, and Attachment D to this Ordinance. Section 3. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined' [DELETED TEXT BRACKETED] -14- Ordinance No. 2496 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; !DELETED TEXT BRACKEIF.DI -15- PAT PORTER, MAYOR Introduced: July 7, 2010 Adopted: July 21, 2010 Effective: August 21, 2010 -16- -17- 41 is. %Jrnir Al 4Sios 24e41"),416. 111111/111S■ m.. 11111111111110111 el Mt legir i istall, .0.,v,E1.2.41, r.. 1111”11011111101 III! ,j Annan., I M. g ler, ENE -712,4- :7.2 mr-AA 141 'iga momt iftitz. M ;::14 -isama ,t mr;1 pr. 4 SINNIC:4111, '.46:- :It r1 ,11, .,,.--,4", A I -18- r r� 4 :pit r Aft; Uatti 1 t !a!! re PI X4 ITSII IP lip 404 I6"111 ili,® f l :VIM i... IIC- //N 1 .pne UM on u/ iar ii hiss. thins Dlk fuzz an -19- CI[T'Y OF KENAI Wi AI\INliNC AND ZONING CO ML,SSIION RESOLUTION Na PZ10 -13 A RESOLUTION ION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL ADOPT UPDATED OWNERSHIP, ZCNTNG AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR. THE CITY OF KENAI. WHEREAS, The Kenai Peninsula Borough. Ordinance 90 -31 delegated authority to the City of Kenai to make Land Use Amendrnents to the Comprehensive Plan; and, HE REAS, Kenai Municipal Code requires the Commission to review the Co.mnrehensiv N'fa on an annual basis; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Amendrnents to the Official Zoning Map require updates to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the last update to the Zoning and Land Use Plan maps in p ,he Comprehensive Flan occurred in June of 2008; and, WHEREAS, Amendments to the Official Zoning .a r have occurred since June 2008 req;tiring an update to the Zoning and Land Use PIan maps n the Comprehensive Plan; and, WHEREAS, since 2003 the Land Ownership rnap within the Comprehensive Plan has not been. updated; and, WHEREAS, the Land Onership =nap within the Comprehensive Plan should be updated to show current land ownership in the City of Kenai. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission. recommends that the Kenai City Council update the City of Kenai Comprehensive Plan with adoption of the updated City of Kenai Land Ownership, Zoning, and Land Use Plan Maps as shown on Attachment A, Attachment B, Attachment C and Attachment D. Dated at Kenai, Alaska this9 day of June, 2010. Chairman: ATTEST: -20- -21- -22- -23- d. Mho Tig, IMMO 70 rail -24- MEMO: U TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: June 30, 2010 SUBJECT: Ordinance No. 2496 -2010 Attachments "Villaye with a Past, Cc y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 W II I Telephone: 907 283 -7535 FAX: 907- 283 -3014 1992 Under KMC 14.05.010(a)(3), the Planning Zoning Commission is required to "Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one (1) public hearing. Said recommendations shall be forwarded to Council for consideration." The Commission held a work session on April 24"' and reviewed the status of implementation measures from the Plan. They also reviewed zoning maps and land use maps updated as result of rezones since the last update in 2008. The Commission held a public hearing on June 9, 2010, and voted unanimously to recommend Council adopt updated zoning, and use, and ownership maps for the Comprehensive Plan. For Council's review and information attached is the list of zoning changes that are reflected in the updated maps and a table of the implementation measures and status as reviewed by the Commission at the work session held on April 24, 2010. X 001 C'Th0e, 1`114 Lte `w? 0 CO N NS 6 CO 0 0 c 0 c J 0 0 CC 00 O O N 00 O 0 O O o_ 0 0 Q a 0 CO o 0 N 00 0 N N 1> O 00 CV 0 N 0> 0 0 0 N 00 00 CO CO 00 O 0 O O CV N 0 0( 00 0 a 00 o 2 O -26- 0 a to to ai 0 C 00 N a 0 0_ 0 0 O -o a o o 0 o m m@ 0 W S (0 0 0 ra w i No Action. Central Mixed Use Zone (CMU) Ongoing No Action. No Action No Action No Action has been taken. Administration has recommended against overlay zones_ Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Ongoing. In October 2007 $2 Million Bond I was approved by Voters. No Action. Ongoing. No Action. y "1d3Q 1 2 4. Cei P Targets area defined for city center development planning 9 Promotes intensive mix of private and public activities, discourages inappropriate uses in city center P More attractive city center 9 Safer vehicular and pedestrian circulation in city center, more efficient use of parking D Strengthens mix of compatible uses in city center Intensifies public activities in city center 4 Promotes year -round use of public buildings B Protects scenic views of Kenai River, Cook Inlet, and Chigmit Mts. A Defines Giiy s vision for the property and' strategy for development Protects long -term economic viability of Millennium Square property and city center Coordinated private /public effort to revitalize city center Sets up a financing mechanism to fund a vital, year round, dean and safe dty center P More attractive environment for dty center P Creates a city center that attracts private and public investments i(0tLEMENTATtON MEASURE City CenterlMillennium Square rkevise zoning code to create city center "overlay zone" Revise zoning code to create mixed use zone in city center Update beautification plan for city center Develop circulation and parking plan for dty center Focus senior housing and related facilities and multi family residences in and near city center Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business improvement District (BID) Provide public amenities in city center Provide incentives such as tax abatement to foster private re- investment in city center -27- -28- \aa r r {f(" :y 3CDo 0 to TS Reviewed in 2006. Decision not update at the time but to reconsider in the future. 1d30 QVJ1 i Z czl Creates blueprint for ongoing public and private decisions for development of Millennium Square Partner with native groups to insure that development plans respect the historical Incentives for redevelopment of this important city asset Facilitates private investment consistent with TSH District standards O 0 To r 0 o 0 Review and update Townsite Historic District design standards \tillenmum Squrr -28- 5N Pending Limited Commercial Zone/Updated KMC 14.25 Updated KMC 1425 Pending Central Commercial Limited Commercial, and Central Mixed Use Zones CC /LC /CMU 1d3a QV3l epi. Planning Dept P &z Planning Dept Building Dept I Planning anning Dept I i F $l TY P Inclusion of standards to reserve open space and parklands in new subdivisions. P Promotes infill of existing lots already served by city services. Retention of natural vegetation in new subdivisions. Encourages creative subdivision designs. Provides for opportunity to add flexible zoning standards such as overlay zoning and mixed use zoning. A Promotes the siting and design of land uses that are in harmony and scale with surrounding uses Minimizes impact on established neighbor- hoods from incompatible, non- residential uses Provides incentives to promote creative neighborhood design Allows for residences near commercial amenities and services Encourages residential variety and options Ensures an adequate supply of and is I I available for future residential uses AOIlOd Lo En IMPLEMENTATION MEASURE RESIDENTIAL .lEIGHBORHOOr'S Subdivision and Zoning Code Revisions A Review and update existing site design standards, landscaping and open space requirements Review and update zoning district standards and procedures Revise landscaping standards and require larger setbacks between incompatible uses (14.05, 14.25, 1420, 14.24) Zoning Code, Land Use Table and Development Requirements Table Include standards for various housing types and densities Revise code to allow residential uses in the commercial areas Monitor types of residential development and rate of growth B Support federal and state programs for affordable housing -29- -30- 111 'uonoj/ ON Collaboration with Kenai Watershed Forum on viewing platform. Created one -way access for dock area and additional parking for dip net fishery. Ongoing. $2Mi Ilion Dollar Bond Approved by voters. Ongoing. As areas are identified, boardwalks are being placed and fencing to discourage access to sensitive areas. Updated KMC 13.30.080 to protect areas from vehicle traffic_ 1 Draft prepared. 1 i 1 Ongoing signage placed as needed. 1 KMC 13.20,040 Trespass Ordinance Beautification Committee oversees city t gardens and adopts gardens 6uq;ued z3dj i Ad stem allgnd Planning Dept., Public Works Planning Dept Public Works uogeeioad S svpe P &Z, Public Works tn, re 1 H Clearer desaiptlon of the intent of the zone and when and where the zone shall be applied. A Creation of high profile resident and visitor amenity with access and recreational improvements D Preserves valuable public open space and scenic views. A Supports Millennium Square development opportunities. Promotes public lic safety and minimizes the loss of lives and property. Si Retains hazard areas in their natural state. B Creates opportunity for Creative, innovative design of properties. 4 Promotes use of public open Space and trail system. Promotes public safety and discourages use of unsafe access_ A Minimizes trespass issues across private property, 2 Supplements public efforts to provide and maintain recreational areas. F Creates a sense of pride in and "ownership" for local parks and streams, Si Coordinate program with other agencies. Promotes incorporation of natural features into subdivision design. F Where appropriate, wetlands and drainage ways for natural functions and as open space can he acquired and /or protected. 0 N I i ZN £N 1 1 r 51 1 1tt !°N Revise definition and application of the 1 existing conservation zone district Re -open discussions with State on terms for joint establishment of Kenai River Gateway natural area Continue pursuing funds for bluff stabilization efforts. Identify and limit development in designated natural hazard areas Develop map of public trails and open space Post points of safe public access Establish private volunteer programs like "develop -a- park" "adopt -a- park and "adopt -a- stream' revised Subdivision Standards s revised to include provisions for open space in subdivision design or by acquisition -31- Act to Updated with 2003 Plan. Airport wilt be updating the master plan which will Include a new noise study. No action has been taken on this recommendation. Administration I recommends against notification unless I mandated by code. I No action taken. Administration I recommends against overlay zoning and instead to rezone airport properties to zoning appropriate for airport use. Rezones are being processed as and is subdivided. Ongoing See above. ALP (Airport Layout Plan) updated and I approved May `09, 2007 Airport Supplemental Plan. The master plan will be updated in 2010. 'fiwobup Being reviewed. Ordinance will be revised I I Airport has an AIP (Airport Improvement Plan) for airport properties. '91041 Airport, PAZ Planning Dept. Z8d ;iodr!V 28d iodrly Z8d'uodriV Airport, Airport Commission Public Works s %p aignd Airport Commission Fedoral requirements satisfied Prevents or minimizes future and use conflicts Retains satiable parcels available for future public and private airport- related development. Minimizes future( and use conflicts. B Streamime zoning reviews a) Use of airport property compatible with 111 Comprehensive Plan k Plan ronfomrity vvlUr expected uses B Transportation improvements coordinated with development 9 CIP and STIP are used to acquire needed transportation amenities bikeways, trails, pedestrian paths Improvements are in place at time new development impacts occur 3 Streets and blocks are connected in a pattern connecting neighborhoods to each other and to businesses Pedestrian features included in development. A coastal and bluff trail system is designed and constructed. CIP supports s airpori- related development development dV cm EdV tidy I i GdV rnacYlG9 YIUC ®C'Ix_RlY)i� Kenai municipal Airport Update airport noise exposure map Send out direct mailing to property owners in noise exposure zone Revise zoning code to adopt an overlay zone: "airport- dependent development district" L Revise zoning of airport properties to II— comply with expected future uses I P &Z review of proposed uses of airport property Revise Airport Master Plan Land Use Plan Transportation. Capital Improvements Program Statewide Transportation improvement Program (STIP) Subdivision Code: Review process revised Design standards for rural and urban roads updated Functional Road Classification System developed Kenai Airport Plaster Plan -32- -33- j The City requires developers to extend water and sewer mains if necessary. '6alo6uo 'ualpV ON No Action. No Action. •U 0 N_ No Action Ongoing. Central Mixed Use ZonelProperties Rezoned KSH Signage for Public Facilities I '6al051.1Q srpnM oflgnd Public Works Planning Dept. Administration Parks and Recreation Parks and Recreation Packs and Recreation Ltd 'sAroM °wind 6la)es ollgnd 1 B Infrastructure in place in conjunction wllh future development. CIP coordinated with infrastructure I extensions. B Existing facilities are evaluated for deficiencies and Improvements on a regular basis New facilities address projected demand and meet level of service requirements. Supports working relationship with school L district officials. 8 New parks and recreation facilities are designed and located consistentwith comprehensive plan goals and policies. Neighborhood park development is supported Private public collaboration for the acquisition, development and maintenance of parks is encouraged and supported. B Joint use of facilities results from coordination between City and KPB School District. Residential and commercial uses in the City Center continue and expand. Tourism directed to City Center. P Millennium Square "ready" for development when time and project comes along. B Senior citizen residential and other services expanded. Continued cooperation with Kenai Peninsula Borough Division of Emergency Management B Adequate police, fire, and EMS services for Kenai residents. 3 Minimized loss of life and property. SBngrs. B Senior services expanded Consolidate senior services with other organizations to insure that needs are met without duplication of services. AD o EdD 0 0 9JO LL LL U LL sad! A ;lunwwop 1 Sewer and Water Facilities Master Plan recommendations implemented. S ubdivision Code (14.10) specifies when infrastructure to be constructed. Public Facilities designed and sited consistent with Comprehensive Plan goals Coordinated school site selection and facility design. Location and design criteria for new parks and recreation facilities added to Parks and Recreation Plan (14.25 Establish a system to support development, acquisition and maintenance with the private sector. City passes resolution supporting joint use. Coordinate infrastructure improvements with promotion of City Center and Millennium Square development. Zoning Code revisions to allow residential and commercial uses (14.20). Actively promote access to the city center using signage. Coordinated delivery of public safety services. I mo_ City center continues as focus for senior services, activities, housing, and amenities. -33- 03 r M a H m c 0 Y h E LL 1110411 r Ot 1 2 O Ike «ty of NENA� SKA CITY OF KENAI ORDINANCE NO. 2497 -2010 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10, ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. WHEREAS, City ordinances currently provide only for personal, written service of the a notice of a special meeting on City Council Members; and, WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly and permitting service of notice of the special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail; and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special meetings to City Council Members to allow notice through different forms of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.10 of the Kenai Municipal Code contains antiquated terminology and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Sections: 1.10.101 Makeup of the Council. 1.10.020 Powers. Chapter 1.10 THE COUNCIL New Text Underlined• [DELETED TEXT BRACKETED] -34- Ordinance No. 2497 -2010 Page 2 of 4 1.10.030 1.10.040 1.10.050 1.10.060 1.10.070 Organization meeting. Time of regular meeting. Place of meeting. Calling special meetings. Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) members, consisting of the Mayor and six (6) other Council[MEN]Members, as provided by the City Charter, Section 2 -1. When the [WORD] term "Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law[. SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The teiuls of newly elected Council[MEN] Members shall begin at the time prescribed for the second regular Council [M]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council[MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [C]chambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. 1.10.060 Calling special meetings. New Teat Underlined' DELETED TEXT BRACKETED] -35- Ordinance No. 2497 -2010 Page 3 of 4 rat The Mayor or any four Council[MEN1 Members may call a special m.eeting[SI of the Council upon not less than 48- hours' written or oral notice communicated to each Council Member and the Mayor [THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FIFTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.) (b) The City Clerk shall give oral or written notice of a special meeting to each Council Member at least forty -eight (48) hours before the time of holding such special meeting• however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen years. The City Clerk shall provide Council Members with the agenda of the special meeting at least twenty -four (24) hours in advance of the meeting, where practicable. ll For the purpose of giving notice of a special meetings, reasonable public notice is given if a statement containing the date. time, and place of the meeting, along with the expected subject(s) of discussion, is published not less than twenty four (24) hours before the time of the meeting by posting the statement in a minimum of three public places within the City, one of which shall be the official bulletin board of the City at City Hall. A copy of the notice of the special meeting shall also be delivered to a newspaper of general circulation in the City; but, this requirement shall not be jurisdictional to the holding of any such meeting. (d) The City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting (e) No business may be transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit groups working with City staff on a City- related issue, groups of whom the City is a member, and other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been New Text Underlined (DELETED TEXT BRACKETED) -36- Ordinance No. 2497 -2010 Page 4 of 4 rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21s1 day of July, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; )DELETED TEXT BRACKETED) -37- PAT PORTER, MAYOR Introduced: July 7, 2010 Adopted: July 21, 2010 Effective: August 21, 2010 KENAI, ALASKA U TO: Mayor and Council Members FROM: Carol L. Freas, CA Clerk DATE: July 1, 2010 ((,i(L RE: Ordinance No. 2497 -2010 was developed in a collaborative effort between the City Attorney and City Clerk to address concerns with the procedures to call special meetings which have become fairly burdensome when considering the current availability of alternative means of communication. Please note the following: Suggested amendments to modernize terminology and provide consistency between this chapter and other provisions of the Code, i.e. the use of "Council Member." During Council discussion at the June 16, 2010 Council Meeting, it was suggested the number of Council Members required to call a special meeting be amended. In researching the issue, it was noted this number is set by the City Charter. The Charter cannot be changed without a vote of the people. The most significant changes are those in KMC 1.10.060 which offer additional means of notification of special meetings; identifies a 48 -hour notice of service of a special meeting; identifies at least a twenty -four (24) hour notice for the Clerk to provide Council Members with the agenda of the special meeting; identifies alternatives to publishing and posting of the agenda; provides for the Clerk to include an affidavit (or affidavits) as part of the meeting journal to document service; and, directs that no other business may be transacted at any special meeting except as stated in the notice of the meeting. I believe the suggested amendments offer a much more functional and practical process for when special meetings are called If you have any questions, please contact me. Clf Attachment 'V !laye with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai. Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM ORDINANCE NO. 2497-2010, AMENDING KMC CHAPTER 1.10, ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECL4L MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. -38- the ci y 0/ KEKA SKA CITY OF KENAI ORDINANCE NO. 2497 -2010 SUBSTITUTE Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10 ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. WHEREAS, City ordinances currently provide only for personal, written service of the a notice of a special meeting on City Council Members; and, WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly and permitting service of notice of the special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time- consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail; and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special meetings to City Council Members to allow notice through different folios of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.10 of the Kenai Municipal Code contains antiquated teiuiinology and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Sections: 1.10.101 Makeup of the Council. Chapter 1.10 THE COUNCH., New Text Underlined [DELETED TEXT BRACKETED; -39- Substitute Ordinance No. 2497 -2010 Page 2 of 4 1.10.020 Powers. 1.10.030 Organization meeting. 1.10.040 Time of regular meeting. 1.10.050 Place of meeting. 1.10.060 Calling special meetings. 1.10.070 Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) members, consisting of the Mayor and six (6) other Council[MEN] Members, as provided by the City Charter, Section 2 -1. When the [WORD] term "Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law[, SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The terns of newly Council[MEN] Members shall begin at the time prescribed for the second regular Council [M]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council[MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties, 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [Clchambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. New Text Underlined; [DELETED TEXT BR4CKETED1 -40- Substitute Ordinance No. 2497 -2010 Page 3 of 4 1.10.060 Calling special meetings. ig The Mayor or any four Council[MENi Members may call a special meeting[S] of the Council upon not less than 48- hours' written or oral notice communicated to each Council Member and the Mavor (THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FI.FTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.] A special meeting called on shorter notice [THEN] than forty -eight (48) hours shall be a valid meeting if the Council, by unanimous vote of all Council[MENI Members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. ll The City Clerk shall give oral or written notice of a special meeting to each Council Member at least forty -eight (48) hours before the time of holding such special meeting: however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen years. The City Clerk shall provide Council Members with the agenda of the special meeting at least twenty -four (24) hours in advance of the meeting. where practicable. j For the purpose of giving notice of a special meetings, reasonable public notice is given if a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, is published not less than twenty -four (24) hours before the time of the meeting by posting the statement in a minimum of three public places within the City, one of which shall be the official bulletin board of the City at City Hall. A copy of the notice of the special meeting shall also be delivered to a newspaper of general circulation in the City: but, this requirement shall not be jurisdictional to the holding of any such meeting. (d) The City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting. (e) No business may be transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit groups working with City staff on a City- related issue, groups of whom the City is a member, and other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. New Text Underlined [DELETED TEXT BRACKETED -41- Substitute Ordinance No. 2497 -2010 Page 4 of 4 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] -42- PAT PORTER, MAYOR Introduced: July 7, 2010 Adopted: July 21, 2010 Effective: August 21, 2010 then e KENNAI, ALASKA 141laye with a Past, Gi y with a Fttire" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM TO: Mayor and Council Members FROM: Carol L. Freas, Cle rk DATE: July 12, 2010 RE: ORDINANCE NO. 2497-2010 Recommended Substitute to Correct Scribner Error After the publication of the proposed Ordinance No. 2497 -2010, the City Attorney noticed she and I failed to notice a portion of the existing code within the proposed amended paragraph 1.10.060(a) was unintentionally omitted from the ordinance. The omitted portion of the paragraph is currently in the Code at the third sentence of KMC 1.10.060. It states, A special meeting called on shorter notice then forty -eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. The sentence should be retained in the ordinance, although minor conforming amendments are suggested. I have consulted with the City Attorney and she has confirmed this change is not such a substantial change as would require a second public hearing. The proposed amendment reads as follows: A special meeting called on shorter notice [THEN] than forty -eight (48) hours shall be a valid meeting if the Council, by unanimous vote of all Council[MEN] Members present at the meeting, adopts a motion or resolution Ending that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice, The sentence with the proposed amendments has been incorporated into the attached Substitute Ordinance No. 2497 2010. If you have any questions, please contact me. -43- BIDDER BID PRICE N.C. Machinery $222,400 Construction Machinery Industrial, LLC $196,595 Yukon Equipment Bid #1 75,000 Yukon Equipment Bid #2 $290,708 CITY OF KENAI RESOLUTION NO. 2010 -44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID TO CONSTRUCTION MACHINERY INDUSTRIAL, LLC (CMI) FOR A WHEEL LOADER FOR THE TOTAL AMOUNT OF $196,945. WHEREAS, an existing 1972 wheel loader requires continuous repairs and has reached the end of its useful life; and, WHEREAS, the City solicited bids for a used (less than 1,500 hours) wheel loader; and, WHEREAS, the following bids were received on June 22, 2010: and, Suggested by: Administration WHEREAS, the bid from N.C. Machinery and Bid# 1 from Yukon Equipment were for smaller machines and did not meet the minimum bid requirements; and, WHEREAS, the cost of service publications for wheel loader from the apparent low bidder cost an additional $350; and, WHEREAS, the recommendation from the City Administration is to award the bid to Construction Machinery Industrial, LLC; and, WHEREAS, sufficient monies are available in the Equipment Replacement Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the bid for a wheel loader is awarded to Construction Machinery Industrial, LLC for the total amount of $196,945. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -44- PAT PORTER, MAYOR 7JTGCR�`ir�• KENAL41IAS KA MEMO: with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 283 -75351 FAX: 907 283 -3014 iI III, 1 1991 TO: City Council FROM: Rick Koch DATE: July 13, 2010 SUBJECT: Purchase of a Wheel Loader The purpose of this correspondence is to recommend Council approval of the purchase of a wheel loader from Construction Machinery Industrial, LLC, for the amount of 5196,945. The purchase price includes the bid of 5195,595 and an additional $350 for maintenance publications. On June 17, 2010 I received a notice that a wheel loader was being released for sale from an IRS seizure. The machine was for sale at a price approximately $60,000 below the market value. I viewed this as a rare opportunity to purchase a replacement loader with very low hours at an outstanding price. The City has two loaders (1972 1988) which are scheduled for replacement in FY2013 and FY2018. In order to comply with the City's procurement requirements we issued an invitation for bids for a used wheel loader meeting the City's requirements. Unfortunately the wheel loader which was the IRS seizure sold prior to bids being received. We did receive a very competitive bid for a wheel loader having extremely low hours (1,500 of which 900 were at idle). The City's 1972 Caterpillar 966C wheel loader receives very little use because of a chronic steering problem and at 38 years old there is difficulty in locating replacement parts. Please see Ogle memo to Koch dated July 14, 2010 attachment from Randy Parrish the shop foreman. While replacement was not scheduled until FY2013 Administration recommends purchase of a Volvo L120E loader for 5196,945. This is approximately 5100,000 less than a comparable new machine. the cif o KENNY ALASKA Rick, Villaye with a Past CI with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1 1111 1 MEMO NDUM —46— TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 14, 2010 SUBJECT: CITY OF KENAI PURCHASE OF 2006 VOLVO L120E LOADER MEMO IN SUPPORT OF 1392 The City is considering the purchase of a 2006 Volvo L120E loader that has 1,478.0 hours (606 working hours; 872 idling hours). To assess the loader, the City contracted for an Oil Analysis Report and a Unit Analysis Report. The 3 page Oil Analysis Report confirmed normal wear per hours used, no contamination was listed, bearing wear is normal and oil condition is `good'. The 35 page Unit Analysis Report contained pictures and details of the loader that confirmed the paint, decals, sheet metal and panels are in good condition. The report also verifies the transmission shifts and operates well, the tires have 90% or more tread, all functions operate, and that the operating hours are correctly reported. No warranty issues were stated. This 2006 Volvo Loader will replace the City's 1972 Cat 966C (Unit ST33). The Cat 966C had a major rebuild about 10 years ago. There were problems with the steering which did not get fixed at the time NC Machinery, the Caterpillar dealer in Anchorage, attempted repairs to the steering over several years. None of the fixes proved long lasting. Our operators have avoided using this loader because of the problems with the steering. The annual low maintenance costs and usage of the 966C confirm this. Additionally, at 38 years old, replacement parts are becoming more difficult to come by. Several of the major parts are used or reconditioned. This loader is also in need of new tires, lift arm parts and a seat unit. It is no longer cost effective to operate. The Shop Forman and I highly recommend the City purchase this Volvo L120E loader. This loader will offer the City a low maintenance and reliable loader for many years. We recommend that the Cat 966C be declared surplus equipment and removed from our fleet. Volvo L120E Year 2006 HP 223 Hours 1478.0 (Working hrs 606, Idling hrs 872) Serial Al 66040 After reviewing the 3 page Oil Analysis Report, 35 pages Unit Analysis Report, Pictures and details associated with the reports the Shop recommends the Volvo L120E as a good replacement to the current unit ST33 Loader. The City of Kenai requested a detailed engine oil and equipment report, the details are as followed. 1. The 3 page Mobile Oil Analysis Report confirmed normal wear per hours used, no abnormal contamination listed, Bearing wear normal, Oil Condition good. 2. Paint, Decals, Sheet Metal and Panels good. 3. Transmission shifts and operates well. 4. Tires 90% or more thread. 5. Machine Utilization, Idling 59 Working 41% 6. All functions operate. 7. Hours reported correct. 8. No warranty issues Purchasing the Volvo L120E will offer a low maintenance and reliable loader for many years in the future. Randy Parrish Shop Foreman -47- Wayne, Please modify as needed. Problem Unit ST 33, the 1972 Cat 966C Loader, had a major rebuild around 10yrs ago. Problems associated with steering the loader did not get fixed at the time. Cost associated with the steering was over $20,000 at that time. NC Machinery has attempted repairs over the years to the steering. Each time it has been a temporary fix. ST33 is unsafe to drive down the road due to the lack of control of the steering functions. Tires and Seat is in need of replacement. History This unit has served us well over the years. The known problem with the steering has left us with a unit that receives little use in the course of a year and the maintenance cost have been low which in turns does not reflect an accurate evaluation of the unit. All the operators try to avoid using ST33 due to their safety concerns. The unit is in need of tires, lift arm parts and a seat unit. Parts The age of ST33, at 38yrs, is becoming a problem with replacement parts. Several of the major parts are used or reconditioned parts and becoming harder to obtain. Recommendation My recommendation as Shop Foreman is to replace ST33 by purchasing a newer comparable Loader of approximate size. Declare ST33 surplus once a replacement Loader is purchased. Randy Parrish Shop Foreman -48- eatoN Much smaller machine than what was specified 60% of hours at idle 1 W/O attachments, smaller machine than specified higher hours From State Equipment Contract iesodald aapd 222,4001 1 S6S'96T S 75,000 80L'06Z Operating Hours wnwlxelN 000'Z Z9YI 1, 500 J 00L'£ 0 tg81aM 8ulteladO 1 000'Str 1 -000'6E L069tzt I trb9'OE 50,622 Horsepower min 00Z SZI EZZ OLT L6Z I Meet Specifications (Y /H) z iapovi lapea7 H0S6 3 -0ZI1 OWL 3IZ6 Loader Manufacturer le@dlate3, 2523 asap lopuaA I Speciflcation MaulgDegq 'J 1140 To tuawalno3 uotinAl Yukon Equipment #2 -49- Comparison of Bid Proposals for Wheel Loader June 16, 2010 "Village with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 Fax: 907 -283 -3014 www.ci.kenahak.us The City of Kenai, Alaska is requesting quotations (RFQ) for the purchase of a used wheel loader f.o.b. Kenai, Alaska. Quotations are to be submitted to the City of Kenai no later than Tuesday, June 22, 2010 at 2:00PM. Submissions can be as follows: 1. Hand Delivered to the City of Kenai at 210 Fidalgo Avenue, Kenai, AK 99611, Attn: Rick Koch, City Manager. 2. Facsimile submittal to the City of Kenai at (907)283 -3014, Attn: Rick Koch, City Manager. 3. E -Mail submittal to the City of Kenai at rkochaci.kenai.ak.us, Attn: Rick Koch, City Manager. The specifications for the used wheel loader are as follows: 1. Model year 2003 or newer. 2. Less than 2,000 hours. 3. Operating Weight, 39,000 45,000 lbs. 4. Horsepower, 200 minimum. 5. Hydraulic quick attachment bracket with locking device 6. Bucket, 4.0 cy minimum. 7. Forks, 96" Wide Backrest, 96" Long Tines. 8. Stinger, material handling arm, multiple position. 9. Cab w /integral ROPS 10. Tires, radial, 75% or bette 11. Arctic kit for accumulators 12. Rotating Beacon v 13. Engine block heater, 1,500 watt minimum. 14. Alternator 80 amp minimum Quotation submitted by: rK Curre Company /Name: (®''h S4tt c' 4 r SC-4n n Address: y Quotation for used wheel loader, f.o.b. Kenai, Alaska, meeting the specifications: ,I!(o ---1. a (d si h ,T do fo X00 Can fbO(FVOIvo L -12D E ISO aola ,1 ^Y," -50- �5 AK 9''?' above referenced (in number Construction Machinery Industrial, LLC 5400 Homer Drive Anchorage, Alaska 99518 Ph: (907) 563 -3822 Fax: (907) 563 -1381 TO: City of Kenai 210 Fidalgo Avenue Kenai, AIC. 99611 -7794 e at Construction Machinery are pleased to quote the following equipment for your review. One (1) ea. 2006 Volvo L -120E, 4.4+ cyd Wheel Loader sin L120EV66040, Current hours 1,500 8'9 "W tires, 9'5 "W bucket, 42,690# Equipped with the following Standard features: (Page I options in Italics) Volvo Model D7D LA E2 Diesel Engine, 223 HP net Volvo APS II automatic HTE205 powershift transmission with Mode Selector Front axle /rear axle Volvo /AWB 31/30 Care Cab II w /Integral ROPS., Also included: 37,500 BTU cab heater, Defroster vents for all windows Volvo Contronics II instrument/Diagnostic system ISRI Adjustable, Opt. air suspended, heated operators seat, with left hand armrest Adjustable tilt and telescoping steering wheel, w/ steering knob Two Load Sensing Axial Piston Pumps with Variable Displacement Volvo torque parallel linkage with level lift ability Low temp, High Quality Skansa Steel Full standard cast counterweight Finger tip controls for front and drive functions, as well as Kickdown, Retum to Dig and Transmission Brake Load Sensing Steering System with axial. piston Pump Dry type air cleaner 3 Stale with service indicator light reports to Contronics system. Front driving lights, brakes, signal and hazard lights. Conventional differentials, with 100% on demand differential lock front axle. Outboard mounted hydraulic wet disc brakes Alternator- Standard 55 Amp Alternator WARRANTIES: Buyer acknowledges that it has examined the merchandise as fully as It desires and that the merchandise Is of the size, design, type, and manufacture selected by Buyer. IF THE MERCHANDISE SOLD IS NEW, THE PARTIES AGREE THAT IMPLIED WARRANTIES OF SUCH MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE MERCHANDISE SOLD, However, for new merchandise, Seiler shat make available to Buyer, to the extent provided by the manufacturer of the merchandise, solely on behalf of the manufacturer, any warranty provided by the manufacturer, which shalt be Buyer's sole and exclusive remedy. For used merchandise, Buyer is purchasing the merchandise AS and WITH ALL FAULTS, unless Seiler has explicitly written in this document that there Is an express warranty for a limited period of time for the replacement of parts that Selter, in Ms sate judgment, determines to be detective. If setter has explicitly written such an express warranty in this document, the replacement of parts found to be defective dudng the warranty pedod snail be Buyers sole and exclusive remedy. EXCEPT FOR SUCH AN EXPRESS WARRANTY THAT SELLER HAS EXPLICITLY WRITTEN IN THIS DOCUMENT, THERE 15 NO WARRANTY OF ANY KIND FOR USED MERCHANDISE, EXPRESS OR IMPLIED AND IN PARTICULAR. THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARP EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE MERCHANDISE SOLD. AS TO ETHER NEW OR USED MERCHANDISE SELLER SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FOR PERSONAL INJURY, DEATH, DAMAGE OR DESTRUACTION OF PROPERTY, LOST EARNINGS, LOST PROFITS, ECONOMIC LOSSES, CR OTHER INCIDENTAL OR CONSEQUENTIAL LOSSES. Persons signtng below for buyer certifies they are authorized representatives of buyer and that they have read and understand the FRONT AND SACK or this document. CONSTRUCTION MACHINERY INDUSTRIAL, LLC By: Kirk Currey (907)244 -7154 Equipment Sales/Rentals Proposal No.: Page 1 of Date: Issued by: ATTENTION: Rick Koch rkochlWci.kenai.a Ph# (907)283 -7535 k.us Fx# (907)283 -3014 City of Kenai Accepted by: Title: Date: -51- PROPOSAL 14183 3 June 22, 2010 Kirk Currey Construction Machinery Industrial, LLC CONSTRUCTION MACHINERY LNDUSTRIAL, LLC By: Kirk Currey Title: Equipment Sales/Rentals -52- PROPOSAL Proposal No.: 14183 Page 2 of 3 Date: June 22, 2010 Issued by: Kirk Currey Options Included: Exception to Bid Spec* Alternator 55 Amp, No Arctic Kit Accumulators. Alternator Protection Kit Air suspended, heated operators seat left hand armrest and steering knob Air Conditioning Engine Block Heater, 1,500 Watt Volvo Hi -Vis hydraulic quick attachment bracket with locking device Michelin XHA 25R -25, Radials Additional Work Lights -Four (4) halogen 2 front and 2 rear Flashing Strobe Light- Master Radio Mounting Kit (right) with Volvo CD /AM/FM player /radio HD Taillight Protection Guards Included in the base price Volvo Bucket L-120E 4.4 cyd. x 113" GP HO STE Bucket with BOCE PSM L 120E Forks 96 Wide Backrest, 96" Long Tines Oil field type Volvo Material Handling Arm 3 section Per Bid Spec Purchase Price, FOB Kenai, AK. each Manuals: Operators, Maintenance included Availability: Subject to prior sale. Currently available Volvo Warranty: AS IS. Unit will be in Very Good Condition. Subject to your inspection. Options: Price included in the Base Purchase Price (Deletable) PSM L 120E Forks 96" Wide Backrest, 96" Long Tines Oil field type....... 9,098.00 Volvo Material Handling Arm 3 section 4,754.00 Options included in the base price not requested- can be deleted for purpose of Bid Additional Work Lights -Four (4) halogen 2 front and 2 rear 555.00 Options not included in the base price and not requested- can be added Boom. Suspension System 3,750.00 City of Kenai Accepted by: Title: Date: 196,595.00 TERMS AND CONDITIONS Paee 3 of 3 PRICES: This quotation is based on current selling prices FOB point of shipment indicated for merchandise specified. If United States inland freight, ocean freight, marine insurance or other forwarding chares are included they are estimated without obligation to Seller. Any increase in such selling prices, freight charges, ocean insurance or other forwarding shares, and/or applicable United States or foreign taxes, duties or other levies, which are imposed subsequent to the date of this quotation or pro forma invoice and/or in effect at the time of shipment, all such increases are for the purchaser's account Stenographical and clerical errors are subject to correction. ACCEPTANCE OF ORDER: The Purchaser's order for merchandise covered by this quotation shall not become effective until accepted in writing by an officer of the Seller. Until such acceptance by Seller, this quotation is subject to change or withdrawal without prior notice. TAXES AND DUTIES: Any taxes or other charges which the Seller may be required to pay under any existing or future laws, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the materials covered hereby, including taxes upon or measured by the receipts form the sale thereof, shall be for the account of the Purchaser who shall promptly pay the amount thereof to the Seller upon demand. PAYMENT: All prices quoted are payable in United State Dollars, unless other currencies are specifically stated on reverse side of this document, with all letter of credit charges and/or other bank charges for Purchaser's account, SHIPPING SCNFDULES: Shipping schedules are made in good faith, are approximate only, and are based upon prompt receipt of all necessary order information. FORCE MAJEURE —INABILITY TO PERFORM: The Seller shall not be liable for any loss, damage, delay, necessary substitution of materials, or default in the manufacture or delivery of the articles ordered resulting from causes beyond its reasonable control or resulting from causes beyond the control of its supplier or manufacturer with whom it contracts to cover this sale, or the manufacturer who is to furnish these goods, preventing or interfering with Seller making delivery, including, but not limited to, strikes, lockouts, differences with workmen, fire, wars, acts of God, or of the public enemy, insurrection, riot, freight embargoes, lack or shortage of, or delays caused by, transportation facilities, acts of Purchaser, labor shortages, or acts of foreign or local government or military authorities pertaining but not limited to, preferences priorities, allocation on orders or production, labor or supply permits, nor in any event for consequential damages. CANCELLATION: The Seller reserves the right to cancel any order, without liability, if due to causes or conditions excusable under the Force Majeure Inability to Perform clause, the time of delivery is extended more than six months beyond the estimated delivery dates originally quoted. The Purchaser may cancel an order, if such cancellation is agreed to in writing by the Seller and upon payment for all merchandise already shipped and any cancellation charges as to undelivered merchandise imposed upon the Seller by manufacturers or suppliers of the merchandise. WARRANTIES: BUYER ACKNOWLEDGES THAT HE HAS INSPECTED THE EQUIPMENT AND THAT IT IS OF THE SIZE, DESIGN, TYPE AND MANUFACI URE SELECTED BY THE BUYER, THE EQUIPMENT IS SOLD AS IS, WHERE IS. SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTY, INCLUDING THAT OF MERCHANT ABILITY OR FITNESS FOR PARTICULAR USE AS TO THE EQUIPMENT. PROVIDED, HOWEVER, THAT SELLER SHALL MAKE AVAILABLE TO BUYER, TO THE EXTENT PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT, SOLELY ON BEHALF OF THE MANUFACTURER, ANY WARRANTY PROVIDED BY THE MANUFACTURER. LN THE CASE OF USED EQUIPMENT, SELLER, AT ITS SOLE OPTION, MAY PROVIDE ON THE REVERSE SIDE HEREOF AN EXPRESSED WARRANTY LIMITED TO REPLACEMENT OF PARTS WHICH SELLER, IN ITS SOLE JUDGEMENT, DETERMINES TO BE DEFECTIVE. SUCH WARRANTY SHALL BE LIMITED TO THE PERIOD SPECIFIED THEREIN. In the event the equipment fails to fulfill the warranty or warranties as provided herein, Seller's liability shall be limited to that provided in such warranty or warranties. In no event shall Seller be liable for any incidental or consequential damages or for loss or damages caused by the improper operation of the equipment or by the maintenance or improper mechanical adjustment of the equipment after delivery. Buyer hereby assumes liability for and agrees to defend and save Seller harmless from any and all claims of liability, proposal loss or damage arising out of Buyer's operation, use or possession of the equipment, including, but not limited to, any claims for property damage or personal injury. PURCHASE ORDER: If this quotation is accepted and Buyer's purchase order form is used for that purpose, it is expressly agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions of such purchase order form, and by the issuance of such order by Buyer shall be deemed to have agreed to the foregoing. CONTRACT TERMS AND CONDITIONS: The terms and conditions set forth above and elsewhere as part of this quotation shall, when accepted by the Purchaser through submission of his order and by the Seller, constitute the entire agreement between the parties and no modification or alterations thereof shall be valid or effective unless embodied in a written proposal executed by duly authorized representatives of both parties. All the stipulations, agreements and conditions contained in this contract are to apply to and bind the heirs, executors, administrators and/or successors and assigns of the respective parties hereto. If any of the provisions of this contract shall be declared ineffective and void by the court, the remaining provisions shall not be affected thereby and shall continue in full force and effect. This agreement is governed by the laws of the Seller's chief place of business and the venue for any action hereunder shall be in the locality of the Seller's chief place of business. City of Kenai Signature X -53- Z O 'd Quotation submitted by: dq Company /Name: lie 44 Address: 6 45' Quotation for used e _specifications: poi °uagc 0 099199LL061 'ON Xd.d ppy�� 66 a Mare' 210 H=idalgo Avenue, Kenai, Alaska 99611 -7794 Telephone; 907- 283 -75351 Fax: 907-283-3014 www.ci.kenai.ak.us June i6, 2010 The City of Kenai, Alaska is requesting quotations (RFQ) for the purchase of a used wheal loader f.o.b. Kenai, Alaska, Quotations are to be submitted to the City of Kenai no later than Tuesday, June 22, 2010 at 2:00PM. Submissions can be as follows: 1. Hand Delivered to the City of Kenai at 210 Fidalgo Avenue, Kenai, AK 99611, Attn: Rick Koch, City Manager. 2. Facsimile submittal to the City of Kenai at (907)253 -3014, Attn: Rick Koch, City Manager. 3. E -Mail submittal to the City of Kenai at rkoch@ci.kenai.ak.us Attn: Rick Koch, City Manager. The specifications for the used wheel loader are as follows: 1. Model year 2003 or newer. 2. Less than 2,000 hours, 1 Operating Weight, 39,000 45,000 lbs. 4. Horsepower, 200 minimum. 5. Hydraulic quick attachment bracket with locking device arctic hoses. 6. Bucket, 4.0 cy minimum: 7. Forks, 96" Wide Backrest, 96" Long Tines. 8. Stinger, material handling arrn, multiple position, 9, Cab w /integral ROPS 10. Tires, radial, Q 75% or better. 11. Aortic kit for accumulators 12. Rotating Beacon 13. Engine block heater, 1,500 watt minimum. 14. Alternator 80 amp minimum de f.o.b. Kenai, Alaska, meeting the above referenced numbers -54- ONb 4aaa!4ceN ON 1Jd 54:01 311,E OIOZ- ZZ -NOf Mr. Rick Koch City of Kenai 210 FideIgo Ave. Kenai, AK. 99611 Ref: Wheel Loader RFQ Dear Mr. Koch; KON EQUIPMENT INC. 2020 E. 3rd Avenue, Anchorage, AK 99501 -2994 (907) 277 -1541 FAX (907) 276 -6795 www.yukoneq.com CASE We do not have a used 4 yard wheel loader (Case 821) available at this time, however we do have a 2004 Case 721D with a 3.75 cu. yd. bucket, bias tires approximately 3,700 hours. Price as this loader sits right now is $75,000.00 FOB Anchorage. If you are interested in this loader let me know and I will work up the cost to add a hydraulic coupler, radial tires and additional attachments you asked for in this RFQ. Also, please keep in mind that you can easily tag -on to our state contract for Case 821E 921E wheel loaders. We have a contract for both FAA/AIP funded loaders and "state money" loaders. Go to the State Equipment Fleet web site for pricing and specifications; http: /www. dot .state.ak.us /sef /awards.shtml. Thank you for the opportunity to participate in this request for quotation. Sincerely, Y ON EQUIPMENT. IN Roger Morris Territory Manager EQUIPMENT FOR CONTRACTING UTILITY GOVERNMENT -55- cd KENALALASKA CITY OF KENAI RESOLUTION NO. 2010 -45 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sale process; and, WHEREAS, a competitive sealed bid auction or internet sale process are reasonable and acceptable means of disposal of surplus and obsolete City property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. ATTEST: Carol L. Freas, City Clerk -56- PAT PORTER, MAYOR Quanity Item Description ITEM Dept. 2 12 inch light fixtures AP 1 Airport 1 Cutler- Hammer Panelboard AP 2 Airport 7 50 inch light fixtures AP 3 Airport 3 RV Power Outlet AP 4 Airport 2 Gas Cabinet Unit Heater AP 5 Airport 2 Tank Fuel Pumps AP -6 Airport 2 1 -1/4 inch pillow blocks AP 7 Airport 9 Gate Filters AP 8 Airport 2 Electric Gate Openers AP -9 Airport 1 Bathroom Sink AP -10 Airport 1 Polaroid Camera AP 11 Airport 1 Mr. Coffee Coffeemaker AP 12 Airport 2 Noxia phones with chargers AP -13 Airport 1 Xerox drum for Pro 412 AP -14 Airport 1 Sharp 2 color 12 digit calculator AP 15 Airport 1 Childrens Duplo Lego Block Set AP 16 Airport 1 Gearset for table Childrens AP 17 Airport 3 45 foot Aluminum light poles with sodium lights AP 18 Airport 1 14 foot Monroe Rollover Snow Plow with AP 19 Airport 28 24" x 20' Culvert Metal Pipe AP 20 Airport 8 30" x 24' Culvert Metal Pipe AP 21 Airport 6 24" x 24' Culvert Metal Pipe AP 22 Airport 2 Iron Rangers AP 23 Airport 6 Coil Bobbin Spule AP 24 Airport 1 14 foot wing plow with hardware -hyd. Ram included AP -25 Airport 52 4 x 2 Recessed fluorescent -4 bulbs -Light Fixutres BLG 1 Blg Maint 15 400 Watt 120v High Press Sodium -Light Fixtures BLG -2 Blg Maint 5 150 Watt 208 V High Press Sodium -Light Fixtures BLG -3 Big Maint 5 1000 Watt 277 V High Press Sodium -Light Fixtures BLG-4 Big Maint 5 Mult Volt High Press Sodium -Light Fixtures 8LG -5 Blg Maint 2 Female Product Dispencers -coin Operated. High Press Sodium -Light Fixtures BLG -6 Blg Maint 1 Powerex 1/2 HP 90 PS: 30 Gal air compressor High Press Sodium -Light Fixtures BLG -7 Big Maint 1 36" Bulletproof full glass door. BLG 8 Blg Maint 4 computers hard drives cleaned ADMIN 1 City Hall 1 6 foot christmas tree ADMIN -2 City Hall 1 fax machine ADMIN 3 City Hall 2 metal shelves ADMIN 4 City Hall 2 metal desk pieces ADMIN 5 City Hall 1 work light ADMIN -6 City Hall 1 plastic storage bin (closable) ADMIN 7 City Hall 2010 AUCTION ITEMS ATTACHMENT A -57- 2 metal filing folder frames ADMIN -8 City Hall 1 plastic storage bin (like for cds) ADMIN -9 City Hall 1 box misc. computer cables ADMIN -10 City Hall 1 box misc. office supplies ADMIN -11 City Hall 1 Holmes metal heater ADMIN -12 City Hall 2 Sharp adding machines ADMIN -13 City Hall 1 Conarc fan ADMIN -14 City Hall 1 APC surge protector (broken) ADMIN -15 City Hall 1 8 slot letter divider ADMIN -16 City Hall 1 6 slot letter divider ADMEN -17 City Hall 1 Norstar phone broken ADMIN -18 City Hall 1 Empty Cassette Holders /Cases'Capacity ADMIN -19 City Hall 1 scanner with cords, adaptor, etc. CK -1 Clerk 1 backup battery CK -2 Clerk 1 PCMCIA 4X CD -ROM CK -3 Clerk SAFE DONATION 1 Dell Keyboard and Mouse FN -1 Finance 1 Microsoft Ergonomic Keyboard and Mouse FN -2 Finance 1 GBC Machine Electric Image Maker 3000 FN -3 Finance 1 Dell Computer Optiplex GX520 FN -4 Finance 1 Dell Computer Optiplex GX 270, FN -5 Finance 1 Dell Server -Power Edge 700 FN -6 Finance 1 IBM Server AS /400 FN -7 Finance 1 Electric Letter Opener FN -8 Finance 1 HP Colorlet 25501 F -1 Fire 1 Fax Machine Sharp F0-4400 F -2 Fire 1 Copier Sharp AR -163 F -3 Fire 1 Scanner HP Scan let 5550c F-4 Fire 1 Typewriter IBM Wheelwriter 1000 F -5 Fire 1 Dell Monitor 20" F -6 Fire 1 2 drawer filing cabinet legal size F-7 Fire 1 30" plastic desk F -8 Fire 1 Mako Compressor motor Model KA14E3 5000psi (needs Work) F -9 Fire 1 HALE 3500WATT GENERATOR BRIGGS ENGINE F -10 Fire 1 Wall- mounted magazine rack L -1 Library 1 Single Stitched Binder white gummed cloth. 2 50 yd,.120 yd, and 3 8 yd rolls 1-2 Library 5 Headphones 1 -3 Library 1 Card catalog cabinet (20" X 43" X 60 L-4 Library 1 Broken Office chair L -5 Library 1 Broken Wooden arm chair L -6 Library 1 Broken Wooden chair L -7 Library 1 Study carrel 108" X 22" X 47" (3 slots) L -8 Library 2 metal hanging racks 14x17 L -9 Library 2 metal hanging racks 14x29 L -10 Library 1 Metal hanging rack 16x29 L -11 Library 1 Broken wooden 2 -step stool L -12 Library 1 Wooden 2 -step stool L -13 Library 1 Panel Y: glass, Y2 cloth 6' X 4' 1 -14 Library 1 Chalkboard L -15 Library 2010 AUCTION ITEMS ATTACHMENT A cn1 i Innni nin )nin_ 1 17" Dell monitor L -16 Library 1 14" Dell Inspiron 3800 laptop and case L -17 Library 2 Calculators L -18 Library 1 Clock L -19 Library 2 small digital clocks L -20 Library 19 pens /retractible pencils 1 -21 Library 2 boxes (100) file card protectors L -22 Library 2 pkgs. (50) file card protectors 1 -23 Library 1 Large mouse pad L -24 Library 250 plastic, soft CD protectors L -25 Library 4 zippered CD cases 1 -26 Library 1 pkg suction cups (9) L -27 Library 1 Assorted small metal and plastic hardware pieces L -28 Library 5 heavy, plastic dividers (5X6) L -29 Library 26 heavy, plastic dividers (5X9) L -30 Library 90 file card guides L -31 Library 1 box Photo corners L -32 Library 1 Correction tape L -33 Library 1500 self- adhesive labels (5/16X1/2) 1 -34 Library 36 hard cover notebook covers (6X9) L -35 Library 2 hard cover notebook covers (9X11) 1 -36 Library 8 legal -size hard cover notebook covers L -37 (library 1 Roll of Newsprint L -38 Library 1 pkg Transfer letters —Y" and 3 /J' L -39 Library 2 wooden, double file drawers (7 1/4X14 L -40 Library 2 Clipboard (7X11) L -41 Library 12 Assorted library signs (2X8) L -42 Library 1 Metal sign holder (2X8) L-43 Library 1 doz. Plastic self adhesive clear title holders 1 1/2X3 1 /2) L -44 Library 7 Plastic self adhesive clear title holders (2 3/4X114) L-45 Library 1 Box 4X6 card guides 1-46 Library 1 Picture Book Bin shelving L -47 Library 1 Chair Mat L-48 Library 2 Film pro actor reels L-49 Library 4 Misc. 16 mm films L -50 Library 1 Puppet theater 1 -51 Library 1 Misc. Metal shelving Supports L -52 Library 1 box Small clear plastic bags L -53 Library 2 Electric warming trays L -54 Library 1 Metal Christmas decorative can L -55 Library 4 desk drawer organizers L -56 Library 1 plastic floppy disk holders L -57 Library 5 metal index card holder drawers 1 -58 Library 1 Xerox Transparencies L -59 Library 1 Tracing Pad L -60 Library 2 rolls banner paper L -61 Library 1 VCR /Cassette Cleaner L -62 Library 1 Magnifier Glass 5X L -63 Library 1 Shelf liner— (12X36) 1-64 Library 1 pkg. pkg 6X6 Cleaning cloths L -65 Library 2010 AUCTION ITEMS ATTACHMENT A -59- 1 pkg. Self -Stick numbers L -66 Library 6 Hard board covers (12X15 34) L 67 Library 4 boxes (100ea) 4X6 Blank Card Guides L 68 Library 2 doz. cleaning cloths L -69 Library 55 Microfiche Guides L -70 Library 1 Numbering Machine Stamp L 71 Library 1 Circulation Stamp holder L 72 Library 2 ink stamps L 73 Library 1 2 -hole 4X6 calendar holder L -74 Library 2 Rolodex L 75 Library 2 Misc. self sticking adhesive tabs, hooks L 76 Library 5 rulers L 77 Library 1 box Assorted metal notebook fasteners L -78 Library 1 Plastic protractor L 79 Library 1 box File folder tabs L 80 Library 2 wooden sign holders (2X7 1 /2X 3/4)" L 81 Library 1 Metal sign holder (10X1X1 /2 L 82 Library 3 boxes paper cutter replacement blades 1-83 Library 1 box (50) 11X8 Clear report covers L 84 Library 2 boxes (50) report covers L -85 Library 20 Loose leaf Sheets Accession pages 1 86 Library 1 doz. Sheets mending tissue L 87 Library 35 Assorted heavy white, plastic dividers 5.5X6 L 88 Library 2 Assorted heavy white, plastic dividers 6X7 1-89 Library 31 Assorted heavy white, plastic dividers 4.75X6 1 -90 Library 1 3- hole punch L 91 Library 1 1- hold punch 1 -92 Library 2 4.5" drawer dividers L 93 Library 1 Post It note tray L 94 Library 1 box Assorted clear covered noteholders L 95 Library 1 Video Splicer kit L -96 Library 1 Three binder 6X9 L -97 Library -ring 900 approx plastic sandwich bags L -98 Library 3 rolls acetate fibre edging tape L 99 Library 1 Self Adhesive display frame 10X15 L 100 Library 1 Metal media cart (46X28X22) L 101 Library 8 rolls tape ($1.00 overdue) 1-102 Library 30 Lapel pins 1.103 Library 1 Slide scanner attachment for HP Scanner L -104 Library 1 Atlas Stand 6 drawers L 105 Library 1 8' Artificial Christmas Tree 1-106 Library 2 Rolls plastic covering 1 107 Library 2 8 -slot metal upright file holder 1 Library 5 plastic file basket trays 1.-109 Library 1 Ceiling light cover (23X23) L-110 Library 1 Ceiling light cover (10X46) 1 -111 Library 1 Gateway Computer E6000 1 -112 Library 3 Gateway 14" monitors L -113 Library 1 Gateway keyboard L -114 Library 1 Multi -line telephone not working L -115 Library 2010 AUCTION ITEMS ATTACHMENT A -60- 1 Uniden Cordless Phone L -116 Library 185 Empty CD /DVD Holders L -117 Library 6 24 Empty Cassette Holders /Cases Capacity 1 -118 Library 8 18 Empty Cassette Holders /Cases Capacity L -119 Library 2 12 Empty Cassette Holders /Cases Capacity L -120 Library 4 8 Empty Cassette Holders /Cases Capacity 1 -121 Library 2 6 Empty Cassette Holders /Cases Capacity 1 -122 Library 34 4 Empty Cassette Holders /Gases Capacity L -123 Library 14 3 Empty Cassette Holders /Cases Capacity L -124 Library 1 2 Empty Cassette Holders /Cases Capacity L -125 Library 44 1 Empty Cassette Holders /Cases Capacity L -126 Library 33 sheets "Please Rewind" stickers 20 each,1 partial roll, and 3 boxes 1-127 Library 5 Computer Privacy Screens L -128 Library 1 Scotch Binding System 1 -129 Library 11 Three -Ring Binders L -130 Library 2 Legal —size clipboard folder L -131 Library 1 Dell Power Edge 2500 Server L -132 Library 1 Gateway 980 Server 1 -133 Library 1 Dell Power Edge 2600 Server L -134 Library 5 Dell Keyboards 1 -135. Library 3 Accession Binders with 14 packages of pages 1 -136 Library 7 Computer mice 1 -137 Library 1 HP Slide Scanner Attachment 1-138 Library 1 Telxon portable Tele Transaction computer L -139 Library 1 box Misc. computer cables L -140 Library 1 box Misc. electric cables for printers L -141 Library 51 3 -prong power cords 1 -142 Library 10 telephone cords L -143 Library 50 Assorted projector bulbs 1 -144 Library 2 Remote controls 1 -145 Library 1 Altec Lansing Computer Speakers L -146 Library 2 Surge protectors 1 -147 Library 1 Telephone handset 1 -148 Library 2 Handset cords 1 -149 Library 1 Extension cord 1 -150 Library 2 Headset adapter kits 1 -151 Library 1 Omni -Print 426 Receipt Printer 1 -152 Library 1 Zip Drive Parallel Port and cable 1 -153 Library 43 33 1/3 record sleeves 1 -154 Library 7 33 1/3 Record boxes L -155 Library 30 Empty double video cases L -156 Library 13 Empty Single video cases L -157 Library 4 Light pens and accessories L -158 Library 1 Clear plastic printer stand 1 -159 Library 2 SynOptics 16 Port Switches L -160 Library 1 SynOptics 8 Port Switch L -161 Library 1 Nexland 4 Port Router 1 -162 Library 4 Lynksys 4 Port router w /wireless G L -163 Library 1 Liebert UPStation L -164 Library 1 APC 700 UPS L -165 Library 2010 AUCTION ITEMS ATTACHMENT A -61- 1 Netgear PCMCIA Wireless big Card L -166 Library 1 EDIMax 8 Port Switch L -167 Library 1 Netgear Wireless Access Point L -168 Library 1 Axis Starpoint Network CD Rom 1 -169 Library 1 Linksys Wireless G network adapter PCI L -170 Library 1 Blue fabric, adjustable office chair 1 -171 Library 1 Small wooden table (plant stand) L -172 Library 1 Gateway Keyboard 1 -173 Library 1 Dell Optiplex GX260 Computer L -174 Library 2 Dell Optiplex GX280 Computers 1 -175 Library 3 Dell Optiplex GX520 Computers 1 -176 Library 1 200,000 Click Art Image Pak L -177 Library 1 Plastic, locking floppy disk file box 1178 Library 1 20 X 24 matted photo of Cook Inlet oil tig L -179 Library 1 Plastic, nonlocking software holder L -180 Library 2 11 3/4" square blocks of small tiles L -181 Library 1 box 10 sq. feet Florida Tiles L -182 Library 10 rolls Thermal Cash Register Paper 13/4 x 235' 1 -283 Library 1 Grass Edger Little Wonder Edger PR -1 P R 1 Dell Precision 330 (1.7GH2 Processor 7.68 Mega byte hard drive) PZ -1 P &Z 1 Garmin GBR 23 w /Beacon PZ -2 P &Z 1 box misc. office supplies PZ -3' P &Z 1 HP 500 Design Jet Color Wide Printer PZ-4 P &Z 1 Metal drive -thru sign P -1 Police 1 Blue /black Coleman Peak backpack P -2 Police 1 Kenmore heavy duty vacuum P -3 Police 1 Black /silver Kershaw knife P-4 Police 1 Blue Ab lounger P -5 Police 1 Black case of drill bits P -6 Police 1 Black Sears scroll saw P -7 Police 1 Size 9 Nike shoes P -8 Police 1 Red Colorado backpack P -9 Police 4 Pistol magazines P -10 Police 1 Red Cascade Trails tent P -11 Police 1 Cascade Sport adult sleeping bag P -12 Police 1 Bongo drum P -13 Police 1 HP Laser Jet 1012 Printer P -14 Police 1 Packard Bell .computer modem P -15. Police 1 Rusty pry bar P -16 Police 1 Recoil air hose P -17 Police 1 Nikota impact wrench P -18 Police 1 Dewalt drill XRP P -19 Police 1 Makita disc grinder P -20 Police 1 Razor scooter P -21 Police 1 Golf bag P -22 Police 1 80GB iPod P -23 Police 1 Powermate air sander P -24 Police 1 Gray TI -82 calculator P -25 Police 1 Pioneer electric crossover P -26 Police 1 Red two stage "rev limiter" P -27 Police 2010 AUCTION ITEMS ATTACHMENT A -62- 1 t i n Microtech precision screw driver n� i. P -28 Police 1 Black HP keyboard mouse P-29 Police 1 Dewalt hacksaw P -30 Police 1 Rhino Athletics bag P -31 Police 1 Orion flare gun P -32 Police 1 Porter Cable tiger saw P -33 Police 1 Quik shade canopy P -34 Police 1 Makita drill P -35 Police 1 Green rolled up tent P -36 Police 1 Black lansport backpack P -37 Police 1 Yamaha clarinet P -38 Police 1 Pelican flashlight P -39 Police 3 CD Walkman P40 Police 1 Wayfinder P-41 Police 1 Sony camera P -42 Police 1 Armory gas can P -43 Police 1 Laser level P -44 Police 1 Set of grinder discs P45 Police 1 HP XT931 tower P46 Police 1 Mag Innovation computer P-47 Police 1 HP Laserjet 5100 printer P-48 Police 1 Series bike pump P-49 Police 1 HP Photosmart 1000 P -50 Police 3 Dell computer towers P -51 Police 1 HP Workstation X1100 tower P -52 Police 1 Dell Optiplex tower P -53 Police 1 Stencil digital recording tower P -54 Police 1 Dell Optiplex SX270 mini -tower P -55 Police 1 Lexmark X7170 scanner printer P -56 Police 3 HP Business Inkjet 1200 P -57 Police 1 Dell server P -58 Police 2 GElnterlogixTVs P -59 Police 1 Inflatable raft P -60 Police 1 Sketchers shoes P -61 Police 1 Pistol belt w /knife pistol holster P -62 Police 1 Cheetah knife /holder P -63 Police 1 Kershaw knife P -64 Police 1 Craftsman pocket knife P -65 Police 2 CCD TV cameras /mouse P -66 Police 1 CD case /computer software P -67 Police 1 Peliknife P -68 Police 1 Sheffield knife P -69 Police 1 Orange Flight 550 bag P -70 Police 1 Eagle shovel P -71 Police 1 Orange light box P -72 Poke 1 Polaroid camera P -73 Police 1 Tripod P -74 Police 3 Sony recorders P -75 Police 1 Olympics camera /case P -76 Police 1 Yashica camera /case P -77 Police 2010 AUCTION ITEMS ATTACHMENT A -63- 1 Cannon sure shot cameras Police Dorcy flashlight P -79 Police 1 Cannon data pack P -80 Police I Polaroid light lock P -81 Police V80109 flash Police Polaroid camera kid MEM Police 1 Lexmark typewriter P -84 Police 1 Vanguard photo /video case Police File cabinet P -86 Police 1 Set of Cooper studded tires P -87 Police 1 Blue emergency light P -88 Police 1 Red high lift jack P -89 Police 1 HP Scanjet 53O0C P -90 Police ©AleratecDVDburner 1 HP Scanjet 6200C P -91 Police Police Projection monitor /case P -93 Police RCA video monitor /camera P -94 Police 9 Maxell DVDs P -95 Police Maxell casettes P -96 Police 4 TDK casettes Police 4 Panasonic DVC P -98 Police JVC Compact Police 1 Maxell microcasettes P -100 Police Instaflame stove P -101 Police Coleman campstove P -102 Police 1 Dell inspiron 700 computer P -103 Police 1 Cannon iP633100 printer P -104 Police 33 Bikes P -105 Police 1996 Ford Crown Victoria P -106 Police 2002 Dodge Intrepid P -107 Police 4 HP Vectra VE computer tower P -108 Police Dell computer keyboards P -109 Police Old communications center countertops /cabinets P -110 Police 1 Misc wall shelving GM. Mill Police Public Works Senior Center 1 Casio DR -105 Printing Calculator 1 4 foot office work station IN 4 1 foot office work station SC -2 VT -2 Senior Center Senior Housing Senior Housing washer /dryer stack combo dishwasher 2 upholstered chairs Senior Housing Senior Housing assorted used blinds Senior Housing 2010 AUCTION ITEMS ATTACHMENT A -64- 1 washer /dryer stack combo VT -6 Senior Housing 1 dishwasher VT -7 Senior Housing 2 upholstered chairs VT -8 Senior Housing assorted fire extinguisher VT -9 Senior Housing 3 vaccuum cleaners VT -10 Senior Housing assorted used blinds VT -11 Senior Housing 1 GRAY MILLS SHOP PARTS WASHER 5H -1 Shop 1 HOME MADE CABINET 5H -2 Shop 1 GOODALL START ALL BATTERY JUMP START UNIT 18HP 12V OR 24V SH 3 Shop 1 VALVE GRINDING MACHINE, AUTOMOTIVE SH 4 Shop 1 SNAP ON MT10O OXYGEN, TACH /DWELL, KILOVOLT, FREQUENCY METER SH Shop 1 31N WATER PUMPS BRIGGS MOTOR ST 1 Streets 1 GASOLINE POWERED HYD PUMP ST -2 Streets 1 12 TO 14 YD DUMP BED SOME DAMAGE, BUILT BY BOB SERVICES ST -3 Streets 2 31N WATER PUMPS BRIGGS MOTOR WS -1 W S 1 Western V snow plow WW -1 WWTP Quanity vehicle Ltets tTEl4 Dept 1 1996 Ford Crown Victoria (P08) P406 Police 1 1996 Ford Crown Victoria {P09) P 106 Police 1 1996 Chevy Truck 2500 4x4 WS 2 W &S 1 1995 Klauer Snogo ST -4 Streets 1 Dodge Intrepid P -107 Police 1 1992 Chevy Sedan Caprice SH -6 Shop 1 2003 John Deere Mower LT180 PR 2 Parks 1 Ford WS -3 W &S 1 Western MVP Multipostion V Plow WW -2 WWTP 1 1972 Caterpillar 966C ST -5 Streets 2010 AUCTION ITEMS ATTACHMENT A -65- MEMO: TO: THRU: FROM: DATE: SUBJECT: "Village with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 ILlir 1992 Rick Koch, City Manager Wayne Ogle, Public Works Director4 Kayla Feltman, Public Works Assistant (6 July 14, 2010 Resolution No. 2010 -45 The items listed on Attachment "A" of the above referenced resolution represent items which are no longer needed by the specific department listed or any other department within the City of Kenai. In 2009, the City held a Sealed Bid Auction at 400 Marathon Road for items declared by Council as surplus or obsolete. If Council passes Resolution No. 2010 -45, the City will hold a Sealed Bid Auction utilizing the following bid schedule: August 6, 2010 August 6, 2010 August 9, 2010 August 13, 2010 August 14, 2010 August 16, 2010 August 20, 2010 August 21, 2010 August 24, 2010 at 5:00 p.m. August 25, 2010 at 8:30 a.m. August 26, 2010 September 11, 2010 Last Day to Deliver Items to 400 Marathon Rd, Auction Brochure, List and List Bid Forms Available on City Website and City Hall 1 Public Notice Ad in Peninsula Clarion Public Viewing at 400 Marathon Rd., 1-4 p.m. Public Viewing at 400 Marathon Rd., 10 -3 p.m. 2 Public Notice Ad in Peninsula Clarion Public Viewing at 400 Marathon Rd., 1-4 p.m. Public Viewing at 400 Marathon Rd., 10 -3 p.m. Bid Form Deadline Bid Opening Results of Auction Posted to City Website Auction Items Delivery Deadline -66- ITEM A: CALL TO ORDER *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 (Public comment limited to 10 m inutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment unite minutes per speaker) ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status 2. Judy Doherty, State of Alaska, Department of Transportation Kaiifornsicy Beach Road Pathway Project Update 3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns -67- PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule, 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 4. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) 5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. 7. Resolution No. 2010-42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. 9. *Restaurant Designation Application Pizza Paradisos (License #3032) ITEM E: MINUTES 1. *Regular Meeting of June 16, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. -68- 4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 5. Action /Approval Special Use Permit /Kenai Chamber of Commerce 6. Discussion Credit Card Use Schedule of Fees 7. Discussion Agreement /Chugiak Baptist Organization 8. Discussion Schedule Board of Adjustment Hearing 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: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and -69- subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT -70- Joe Moore Barry Eldridge Ryan Marquis Robert Moilo Mike Bo le Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: A quorum was present. ADD TO: MOTION: KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. Also present: Student Representative Hannah Coffman A -3. AGENDA .APPROVAL The following changes were requested: ADD TO: Item D -3, Resolution No. 2009 -68 An email transmission submitted by Kate Veh in support of Resolution No. 2009 -68. Item D -5, Resolution No. 2010 -40 W. Ogle memorandum providing information for amendments to identify the bidder and amounts. ADD TO: Item I, Mayor's Report C. Fanning application for appointment to commission /committee. Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -71- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 per speaker) B -1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status Mary Jo Joiner /Christine Cunningham City of Kenai Administration. Joiner and Cunningham provided a report on the progress of the 2011 All- America City Award Working Group, comprised of 12 members representing various sectors of the community and who were working on the preparation of an application for the City of Kenai to submit for the 2011 competition. They also gave a report on their attendance at the 2010 All- America City Award presentations in Kansas City, Missouri. B -2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update Judy Doherty and Jonathan Tague Alaska Department of Transportation. Doherty and Tague provided a brief update of the Kalifornsky Beach Road Pathway project, noting an informational public meeting would be held prior to July 16, 2010 when the project work was expected to begin; the road would not be closed at all during the length of the project; funding would take the pathway to Mallard; and, it was a State- funded project and if additional funding had been provided, the pathway would extend further. B -3, Paul Morrison Wind Generation, Cap in Trade, Email Concems -72- Paul Morrison, 805 Auk Avenue, Kenai Morrison noted the following: He believed a wind generator would need to be backed up with a full-time power system. He believed cap and trade bought and sold clean air for dirty air. Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 3 Reported a computer problem he had when forwarding an email to a local radio station, which he felt resulted in his email account being blocked. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment Limited to 3 minutes per speaker) Clyde Reynolds, Alaska Asphalt Maintenance, 704 Linwood Lane, Kenai Reported his business resurfaces asphalt and when doing so, he places his business sign is placed in the area to both advertise his business and to warn of safety concerns; he was concerned with the City removing his sign from projects; he was told the signs could not be displayed on a public easement; and, believed the removal of his signs was a matter of public concern due to asphalt being slippery, etc. when first applied. Nadia Daggett, 51235 Kenai Spur Highway, Nikiski Stated her support of Resolution No. 2009 -68, noted the Peninsula was leading in participating in renewable energy projects; and the Kenai Peninsula Borough had 18 State grant funded energy projects. ITEM D: D -1. MOTION: MOTION PASSED UNANIMOUSLY. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined an their own and on others' behalf) Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification"; and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. Council Member Eldridge MOVED for adoption of Ordinance No. 2494 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no public comments. VOTE: Student Representative Coffman: Yes -73- Moore 1 Yes Eldridge I Yes Yes Molloy Yes Boyle I Yes Po i Yes Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 4 13-2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2495 -2010 and Council Member Marquis SECONDED the motion, The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) The floor was opened for public hearing Mark Sckrag, 312 Princess Lane, Kenai Spoke in support of Resolution No. 2009- 68 and encouraged its passage. There being no one else wishing to speak, the public hearing was closed. Council comments included: Request for support of the resolution and review of the four bases cited in the "now, therefore" paragraph. Support of the resolution after comments received through the Town Hall meeting and previous amendments to the resolution. MOTION TO AMEND: -74- Moore Yes Yes Eldridge I Yes Boyle Yes Marquis Porter Yes Yes Molloy Smalley l Yes I Yes Porter Moore Yes j Eldridge Yes Marquis Yes Molloy Yes i. Boyle Yes Porter I Yes Smalley Yes 1 KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 5 Council Member Eldridge to amend Item 4 (page 16 of the packet) in the third line by inserting "economic development" after "facilitating employment" and before `economic stability." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Student Representative Coffman: No MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -23 Opposing 'An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. MOTION: Council Member Marquis MOVED to approve Resolution No, 2010-23 and Council Member Boyle 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: (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) Council Member Marquis MOVED to amend Resolution No. 2010 -23 in the second line of the title by removing "An initiative Creating an Alaska Anti Corruption Act" and replacing it with "078NCO Ballot Measure 1" and in the "Now, therefore" paragraph, removing "An Initiative Creating an Alaska Anti- Corruption Act" and replacing it with "Ballot Measure 1." Council Member Molloy SECONDED the motion, -75- Moore Yes E1drid e Yes Marquis 1 Yes Molloy Yes Boyle J Yes Porter I Yes Smalley Yes 1 1 Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter I Yes Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 6 VOTE ON AMENDMENT: Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. Council requested a copy of the resolution be forwarded to AML, news media and the Stop the Gag Law Group. D -5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to S MOTION: Council Member Smalley MOVED to approve Resolution No. 2010 -40 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2010 -40 by inserting Peninsula Pumping, Inc. in the first blank of the resolution title; $43,690.00 in the second blank; inserting Peninsula Pumping, Inc in the first blank and S43,690.00 in the second blank of the First Whereas; inserting Peninsula Pumping, Inc. in the blanks of the second, third and fourth whereas; and, by inserting Peninsula Pumping, Inc. in the first blank of the resolution statement and $43,690.00 in the second blank. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. -76- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 7 VOTE ON AMENDMENT: There were no objections. SO ORDERED. Comments included: Concern expressed with presenting a resolution without the vendor and amounts being included. A second vendor would be used for supplying toilets and dumpsters on the North Beach. VOTE ON MAIN AMENDED MOTION: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. D -6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -41 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. Comments included: Use of the State contract required the purchase needed to be through Kendall Ford. Budget included more than $25,000 for each vehicle. The vehicles were 2010 models. VOTE: There were no objections. SO ORDERED. D -7. MOTION: Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. Council Member Eldridge MOVED for approval. of Resolution No. 2010 -42 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion, -77- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 8 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 -8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2010 -43 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. Council /Administration comments included: The Kenai Peninsula Borough Resolution No. 2010 -064 (with regard to the bond request) was passed unanimously at the July 6, 2010 Assembly meeting. The process would be like the bonding provided to Peiffer Development, i.e. the process would provide an avenue for an investor or developer to receive a subsidy on the interest portion of a loan, there would be no cost to the City, there would be no investment on the City's part, etc. The project would include hangar construction /development on a new lease lot along Basin View Drive which could provide hangar space for a commercial carrier and would provide for a long -term lease of Airport property. Concern expressed that proceeding with the process would impact the City's eligibility for bond amounts Administration was requested to investigate and provide an answer at the July 21, 2010 Council meeting. VOTE: There were no objections. SO ORDERED. D -9. *Restaurant Designation Application Pizza Paradisos (License #3032) Approved by consent agenda. BREAK TAKEN: 8:08 P.M. BACK TO ORDER: 8:18 P.M. -78- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 9 ITEM E: MINUTES E-1. *Regular Meeting of June 16, 2010 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. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. hitroduced by approval of consent agenda. G -4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. Introduced by approval of consent agenda. _79_ KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 10 G -5. Action /Approval Special Use Permit /Kenai Chamber of Commerce MOTION: Council Member Molloy MOVED to approve the Special Use Permit for the Kenai Chamber of Commerce. Council Member Eldridge SECONDED the motion. Council Member Smalley requested UNANiI MODS CONSENT. VOTE: There were no objections. 50 ORDERED. G -5. Discussion Credit Card Use Schedule of Fees City Manager Koch explained: Information was included in the packet related to developing a centralized fee scheduled, which was conducted in the process of determining how credit card use fees would be structured. Because some fees were established in the Kenai Municipal Code and some by policy, it was sometimes difficult to find fees or they perhaps were not readily accessible to the public. Administration suggested changes in the manner of how fees would be determined /amended and established through a comprehensive publication of fees, rates, and charges, i.e. amendments to Code to provide for the City Manager to present for approval all fees, rates and charges in order to change them without use of an ordinance. A fee schedule document would also be included on the City's webpage. Process of consideration by Council would be through an ordinance to make any Code necessary amendments. Requested direction from Council. Council comments included: Interest in discussing the issue, though there were probably reasons why some fees were included in the Code. Request to hold a work session on the issue. Suggestion to add a credit card fee instead of changing all the fees. Support of holding a work session; would not support changing fees by motion; believed amendments should require at least consideration and passage of a resolution. Would not want the Council deciding the rates, only the process. A work session was scheduled for September 28, 2010 at 6:00 p.m. in the Council Chambers. G -6. Discussion Agreement /Chugiak Baptist Organization -80- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 11 Administration comments included: A brief history of the Organization's involvement with the City was provided, noting in 2008 a Special Use Permit was brought to Council for consideration. Council's direction was to tighten the process and making it more specific using a Memorandum of Agreement. That was achieved in 2008 and 2009. Concerns expressed related to the City's exposure to liability from the 2009 agreement. Concern with continuing to use a Memorandum of Agreement. Suggested Council provide further direction of what it would like to do with the Organizations activities, It appeared the City was partnering with the group; it was not clear who the group was; and, the 2009 agreement was not a permit, etc, A brief discussion was held with the insurer who agreed a joint agreement would provide less of a liability and exposure to the City; had concerns because it was unimproved land; was very concerned about the daycare services offered; and, if a permit was used, there would be more immunity to the City, etc. Council choices would be I) a letter of agreement (like 2009); a Special Use Permit (draft provided in the packet); do nothing; a Special Use Permit with releases (drafts included in the packet); and, preserve the benefits of the Church and get volunteer releases. Council nomments included: Concern there was not much time before the fishery start. Liked Option 4, i.e. the Special Use Penult and Release and Waiver of Liability for Volunteers. The group provided a service, though objected to them giving away free food which would compete with local merchants, mobile food vendors, merchants, etc. It was important the organization members wore identification bracelets while on the beach. MOTION: Council Member Eldridge MOVED to direct the City Manager to enter into a Special Use Permit with Release and Waiver of Liability for Volunteers and take care of it. Council Member Moore SECONDED the motion. Council comments continued: For next year, Council should decide more specifically what activities should be allowed at the beach. Concern expressed with regard to daycare services (was the organization licensed to provide the service, background checks made, etc.). Concern expressed the organization was advertising services they would provide on their website advertisement without having an Agreement in place with the City. Concern with the organization providing fish filleting tables. -81- Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes j Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 12 Questioned whether the group's tent was removed during the days they would not be present on the beach and if their reserved parking spaces would be available for other use when the organization was not present (it was noted the Special Use Peini t would guarantee reserved parking spots when the group was on the beach). VOTE: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. G -8. Discussion Schedule Board of Adjustment Hearing The Board of Adjustment hearing on the Disque matters was scheduled for August 23, 2010 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting would be held July 8, 2010. 11-2. Airport Commission Council Member Moore reported the next meeting would be held July 8, 2010. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held Monday, July 12, 2010. 11-4. Library Commission Council Member Marquis reported a meeting was held July 6, 2010 and reviewed actions and discussions that took place. Mayor Porter reported she would appoint Craig Fanning to the Library Commission (a copy of his application was distributed at the beginning of the meeting). She noted his position on the Arbitration Board would be resigned. There were no objections. Parks Recreation Commission Council Member Boyle reported the next meeting was scheduled for October. 11-6. Planning Zoning Commission Council Member Eldridge reviewed the minutes of the June 23, 2010 meeting which were included in the packet. 11-7. Miscellaneous Commissions and Committees -82- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 13 H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported he would be attending the NaCO Conference from July 1.6 -20, 2010. He would be representing AML and expected a great deal of discussion with regard to the suggested redefining of navigable waters within the Clean Water Act, H -7c. Mini-C-rant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau No meeting H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions and discussions held during the July 6, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She attended the Little League closing ceremony, attended the Kenaitze Tribe Potlatch, and attended a Tesoro reception. She visited two new businesses in town.. Was working with Parks Recreation Commission Chair Sandahl related to holding a work session in September to gather ideas for planning a new playground. A Request for Proposals would be advertised in the future for a consultant to assist in planning the playground. ITEM J: ADMINISTRATION REPORTS J -I. City Manager City Manager Koch reported the following: Administration was working through the Police Department and Fish Game with regard to bear concerns. The City would have grant applications submitted to the Department of Environmental Conservation in response to its request for grant applications. He would be attending the Airport Commission's meeting to discuss the Airport Reserve boundary with regard to an area currently within the Reserve that he believed should not be. The issue would come back to Council for consideration. Senator Begich would be at the Library at 2:00 p.m. July 8 and Congressman Young would be speaking at the Kenai Chamber luncheon July 8. He would be taking vacation beginning July 30 and would be back to work on August 23. Reported the State's S250,000 grant for the bluff erosion project would be used as the City's share of costs and would be held while waiting for federal funding. J -2. Attorney City Attorney Stearns reported the following: Achieved service of process on one of two code enforcement case defendants. She would continue to work on the issues as well as service to the second defendant. -83- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 14 She had a unique opportunity to visit with the Homer Bar Association, along with some members of Kenai Peninsula Bar Association when members and staff of the Alaska Bar Association visited the Peninsula to learn the needs and challenges of the area. In early August, she would attend the American Bar Association annual meeting. She was looking forward to discussions specifically on state and local government law. Noted a Record of Termination of Repurchase Right was included in the packet with regard to Walmart properties. She explained, the document was developed at the request of Walmart and would be recorded as the terms of its purchase and development of the land had been satisfied. J -3. City Clerk City Clerk Freas reported the following: She received a call from the Department of Justice (DOJ) with regard to her request for preclearance of the amendments made to the elections code. The DOJ's representative seemed satisfied with her responses to questions asked. She and Deputy Clerk Hall attended elections training for the State Primary and General Elections which was presented by the Region I Elections Supervisor. She was beginning the preliminary work involved for the City's general election. She would distribute the Notice of Special Meeting and meeting agenda for the July 12, 2010 Special Council Meeting after the adjournment of the July 7 Council meeting. Mayor Porter suggested commission /committee packets be emailed to members who provided email addresses. Council had no objections. Council Member Molloy stated he appreciated the Clerk's memorandum included in the packet giving a brief description /history of packet preparation, distribution, posting, etc. and suggestions. Molloy stated he liked the suggestion to add a permanent item on the commission /committee agendas "Next Meeting Attendance Notification" to promote members to report if they would be absent from future meetings. Clerk Freas was requested to as the video streaming contractor if a monthly report of Council Meeting visits could be provided. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Carol Bannock, Executive Director, Kenai Chamber of Commerce Thanked the City, including the Parks Recreation and Police Departments, for the assistance in the July 4 event as well as for the approval of the Special Use Permit. Bannock reported ajoint Chamber lunch would be held at the Sports Center on July 20 for an information meeting on the State's Ballot Measure 1. -84- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 15 K -2. Council Member Comments Porter Stated the Police and Parks Recreation Departments were invaluable for the July 4 event and the town looked great. Boyle Reported he attended the fireworks event at the Washington Monument in Washington, DC on July 4. Molloy Thanked Porter, Marquis, Kenai Chamber personnel, and Administration/ Departments for their work on the July 4 event. Thanked George Mary Ford and Joe Han for their efforts with regard to the relocation of the historical cabins and enjoyed visiting with them at the cabin dedication on July 4. Thanked Stearns and Koch for their efforts in providing options for the Chugach Baptist Organization. Suggested Council hold a work session after the dip net fishery report has been published to discuss issues with regard to the fishery and the City's involvement in it. Marquis Thanked the Police Department and Fish Game for their efforts related to the bear problems. Thanked Bannock, Chamber, and the Police and Parks Recreation Departments for their assistance for the July 4th event. Thanked Council Member Molloy for his work on Resolution No. 2009 -68 and added, though it was controversial, it brought a lot of discussion forward with the Council and public. Coffman Reported she had a great vacation and thanked the City and, Chamber for such a great July 4th event. Eldridge Thanked Porter and Marquis for taking the initiative in celebrating the City's 50th anniversary and the incorporation of that celebration with the July 4t event. Congratulated all the City departments for the outstanding jobs they do. He enjoyed attending the dedication of the historical cabins and was happy to see George Mary Ford in attendance. Moore Thanked all for the great July 4th event. Reported the first set net fish day was scheduled for July 8. Smalley Thanked Porter, Marquis and. City employees for their efforts related to the very successful July 4th event. He attended the dedication of the historical buildings and noted, the Historical Society wants to add signage and would like the City to consider lighting for the winter. -85- KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 16 He would be attending the NaCO Conference and returning on July 21. However, he planned to attend the Council meeting, though may be a few minutes late. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No, 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:39 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory cotes on all matters except those subject to executive session discussion. Advisory cotes 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 moue or second items during a council meeting. -86- ITEM A: CALL TO ORDER ITEM B: 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval AGENDA KENAI CITY COUNCIL SPECIAL MEETING JULY 12, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: www, ci. ken ai. ak. u s UNSCHEDULED PUBLIC COMMENTS (Public comment limit t 3 minutes per speaker) EXECUTIVE SESSION Annual evaluations of City Attorney and City Clerk. ITEM C: ADJOURNMENT -87- ITEM A. CALL TO ORDER VOTE: None. KENAI CITY COUNCIL SPECIAL MEETING JULY 12, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Ry MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City HMI 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: Barry Eldridge Mike Boyle Pat Porter, Mayor Absent was: Joe Moore A quorum was present. A -3. AGENDA APPROVAL MOTION: Marquis Council Member Smalley MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. -88- Robert Molloy Hal Smalley, Vice Ma ITEM B: UNSCHEDULED PUBLIC COMMENTS (Public commet limited to 3 rnin.utes per speaker) EXECUTIVE SESSION Annual evaluations of City Attorney and City Clerk. Council Member Eldridge MOVED to convene in an executive session of the Council of the City of Kenai, pursuant to KMC 1.15.030, the City of Kenai Charter, and Alaska Statutes 29.20.020 and 44.62.310, to conduct annual evaluations of the City Attorney SPECIAL KENAI CITY COUNCIL MEETING JULY 12, 2010 PAGE 2 and City Clerk, which are matters that could tend to prejudice the reputation and character of another. Council Member Marquis SECONDED the inotion. Council Member Eldridge requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. It was noted, Council would meet first to hold initial discussions and then meet with the City Clerk, followed by the City Attorney. CONVENE TO EXECUTIVE SESSION: 7:03 p.m. BACK TO ORDER: 10:30 P.M. Council Member Smalley reported, in the executive session Council went through the evaluation of the City Clerk and the City Attorney. Council reviewed them amonst themselves and then brought each individual in and went through the evaluations with them. He reported the evaluations were "exceeds standards" in most every regard for the outstanding employees they discussed. Smalley added, with regard to the City Clerk, the pay increase Council agreed on was five percent (5 plus the 1.1% COLA. MOTION: Council Member Smalley MOVED that the City Attorney s salary be set as follows: the 1.1% COLA will become effective whenever raises come into effect (July 1) and the five percent (5 increase above that would begin on the anniversary date of the City Attorney's employment which would be in August. Council Member Marquis SECONDED the motion. Council Member Boyle MOVED to divide the question and Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Smalley MOVED, effective July 1, have a salary incremental increase for the City Attorney of 1.1% COLA. Council Member Boyle SECONDED the motion. Council Member Smalley requested. UNANIMOUS CONSENT. VOTE: -89- Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore Absent SPECIAL KENAI CITY COUNCIL MEETING JULY 12, 2010 PAGE 3 There were no objections. SO ORDERED. MOTION: Council Member Smalley MOVED to increase the City Attorney salary incrementally at five percent (5 beginning on the anniversary date of her employment in August and go forward. Council Member Boyle SECONDED the motion. VOTE: MOTION PASSED. ITEM C: Minutes submitted by: Carol L. Freas, City Clerk ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:40 p.m. -90- a J U Z V 0 0 W W Z 0 2 0. o 0 i N r N r LL w w W O W W y J O Z Q CC 0 Z 0 CO w w ao w a.. z 2 Z co O F U rz W to w z0 E W z I co (1) h z 5 ea 0 0 00 O O <T O C M W N 0) r 07 O) N v 'Cr O O Z 0 0) G a MEMO: City Council ick Koch is e with a Past Ci with a Fgtgyc" 210 Fdaicio Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 FAX: 907- 283 -3014 DATE July 13, 2010 SUBJECT: Main Street Rec nstruction Profession& Design, Construction Administration inspection Services The purpose of this correspondence is to recommend approval of a purchase order in the amount of $23,920.00 to Nelson Engineering for the Main Street Reconstruction Project. 1992 The area to be improved is the roadway in front of the Kenai Visitors Cultural Center, which has exhibited asphalt degradation and movement in the underlying materials. The source of funding for this project is a State Grant for various City improvements. It is our intent to accomplish this work during this construction season. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. June 29, 2010 Rick Koch, PE, C °sty Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 CONSULTING ENGINEERS 155 BIDAR'KA STREET (907) 283-3583 RE: Main Street Reconstruction. Proposal Dear Mr. Koch, STRUCTUR L CIVIL ENVIRONMENTAL KENAI, ALASKA 99611 FAX (907) 283 -4514 My proposal to provide professional engineering services for the Reconstruction of Main Street between Kenai Spur and Highland Avenue is attached. Project Description The paving, curbs and sidewalk in this particular section of Main Street is in poor condition. The City would like to replace the existing asphalt pavement, curbs and sidewalks, including along this section of Main Street The improvements were constructed in the early are approaching the end of their design life. The asphalt is deteriorated and drainage conditions are poor. Scope of Work Our work will include design and construction contract administration /inspection services. Phase I- Design Phase I will consist of performing a geotechnical investigation and topographic survey. The geotechnical investigation will consist of drilling up to 6 test holes to depths of 10 feet. Holes will be logged. The topographic survey will be used to determine existing drainage patterns along the designated portion of Main Street. We will extend the survey from Kenai Spur to Highland Avenue in order to be able to clearly define drainage patterns, however the actual portion of paving and curbs to be replaced will begin about 100 feet from Kenai Spur and will extend to approximately the corner of the Rainbow building. The topographic survey will record existing street pavement, poles, pedestals mailboxes, driveways, signs, water and sewer utilities, location of underground utilities (gas, telephone, power, CAN) and location /elevations of existing floors. We will prepare base maps showing the topographic information along with property lines. Maps will be prepared on 22 "x 34" plan and profile sheets at a scale of 1" 20' horizontal and 1" 5' vertical. Preliminary design concepts will be presented to the City for review, along with preliminary cost estimates. We will revise the drawings to include comments by the City. Drawings and specifications will be prepared suitable for competitively bidding the project. Construction Contract Administration and Inspection VVe will provide construction contract administration services from bidding phase through completion of construction. Our services will include full time project inspection to verify that the project is constructed in accordance with the contract documents and design intent. Tease Members I have selected the following consultants assist in completing this project for the City: Firm Task Whitford Surveying Design survey /easement descriptions -93- Laic Street Reconstruction Page 2 of 2 Schedar,Be We will prepare a bid package for the project so that it can be bid in March, for construction next summer. Fee I propose to perform the engineering services for the design and inspection fora not to exceed fee of $23,920. A breakdown of proposed services is included in the proposal. Brrsnarance Our firm currently maintains $1,000,000 professsonaI liability insurance. Sincerely, Wm. J, Nelson, PE -94- treet 'I .i 8.5 ye Su5 tit i 7- ?PS 1 F i ri �74C;E� 1 ate11 2`, Phase esig $11,72.0 Ci id Survey 8 $2700 IIWhitford Gcotcc?hnicallnvestigation 81,500 fDrilling/Lab Base Map-Plan/Profile (1 S£ace s1 Details 1 2 16 i 24 g h..__ 1 1, e]. 1 f) 0 0 -1 $4,200 SO t E 1 1 l Inspection 910,000 Admin 2 a' Submittals/D(1R's q, insp ection 2 i 8 I, 80 Testing (Compaction) 81 000 Lab I i F 4 i 12 0 80 0 $1,000 S 20dlp j Expense, Wf n arkiap sTotai lee i`3 %g,aerise0 S5 $23$201 TTotal: -95- the c c/ KENA� SKA A Tillage with a Past, Cc with a Ftare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ll� Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 tl (el MEMO \DUM TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manage DATE: July 14, 2010 SUBJECT: Kenai Community Library Expansion and Renovation 2010 For Council Approval: July 21, 2010 Please increase PO 92868 to Blazy Construction, Inc by $53,795.48 for Change Order No. 1 for Kenai Community Library Expansion and Renovation 2010 contract dated April 19, 2010. The increase is for minor changes in construction that resulted in either a charge or a credit as detailed in Change Order No 1. 1/ 1991 Contractor: Blazy Construction, Inc 36130 Kenai Spur Highway Soldotna, Alaska 99669 CITY OF KENAI CAPITAL PROJECTS ;HANGE ORDER NO. 1 Initiation Date: July 14, 2010 Project: Kenai Community Library Expansion and Renovation 2010 Contractor is hereby directed to make the following changes in the contract: 1) CR 1 (RFI #2) Insulate water service at building entrance. 2,414.21 2) CR 2 (ASI 010) Provide snowmelt at stairs. 1,541.28 3) CR 3 (ASI 012) Provide valley gutter along main street 2,160.19 4) CR 4 (RFI #14) Provide valley gutter and sloped sidewalk for south parking lot 6,237.64 5) CR 5 (RFI #1) Delete mechanical screen (CREDIT) (1,350.00) 6) CR 6 (RFI #3) Delete W12x22 Steel Beam and columns grid line E (CREDIT) (1,113.00) 7) CR 7 (FO #1) Provide 1 1/814C T &G Sheeting in place of 3 /4" AC plywood. 16,241.07 8) CR 8 (RFI #8) Provide door frames with overhead relights for door 204A 204B 371.31 9) CR 9 (RFI #10) Delete door frame 211 and replace only the door (CREDIT) (350.00) 10) CR 10 (ASI 005) Revise hardware and reverse swing of 202B 713.14 11) CR 11 (ASI 008) Provide pivots in lieu of hinges 2,108.43 12) CR 12 (ASI 009) Replace hardware set #3 with #3A at opening 106 512.76 13) CR 13 (RFI #16) Provide extended book drop and bollards 5,722.06 14) CR 14 (RFI #26) Modify retaining wall to install water line and modify sidewalk at entrance to match existing grades to provide drainage and meet ADA requirements 8,294.10 15) CR 17 (FO #3) Repair under slab conduits damaged by mechanical room crossing 4,582.56 16) CR 18 (FO #4) Provide exterior mounted 800 AMP MDP 5,709.73 Total Net Cost of Change $53,795.48 REASON FOR CHANGE: 1. Relocation of water line to prevent foundation undermining 2. Architectural Mechanical Coordination Safety extend snow melt from sidewalk above to include steps. 3. Civil correction Additive alternate provided vehicle entrance, not pedestrian ADA access across, 4. Civil correction Existing valley gutter on Main Street was not depicted on drawings. 5. Cost saving measure and improved operation in icy conditions. 6. Cost saving measure during demolition, a beam of adequate strength was discovered. 7. To provide for adequate fastening of metal roofing (uplift) and resolve conflicting specification on ceiling finish. 8. Energy efficiency measure by providing natural fighting (similar to existing condition) 9. Cost saving measure 10. Authority Having Jurisdiction (AHJ) Requested to provide additional egress swing on door. 11. Maintenance saving measure Reduce stress on aluminum store front. 12. Allow for viewing of library sponsor etched glass by providing 180 deg swing. 13. Provide for ease of book drop operation and building protection 14. Concealed conditions on retaining wall. ADA compliance required field fit to match existing conditions at the old entrance. 15. Concealed conditions Pre 1990 construction placed conduits in or just below slab. 16. Electrical coordination during demolition is was discovered that distribution back panel was not adequately rated, exchanged interior main for exterior main disconnect. -97- Contract Date: April 19, 2010 Account 218- 450 -8198 Purchase Order 92868 Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. Signature of the Contractor indicates agreement herewith, including all adjustments in the Contract Sum or Contract Time. The Original Contract Sum was 4,178,516.00 Net Change by previously authorized Change Orders 0.00 The Contract Sum prior to this Change Order was 4,178,516.00 The Contract Sum will be increased by this Change Order 53,795.48 The New Contract Sum including this Change Order will be 4,232,311.48 The Contract Time will be increased /decreased by this Change Order by 0 days OWNER: CITY OF KENAI By: Name: Rick R, Koch Title: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 201 Rick R. Koch, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: Approved by Legal: Approved by Finance: )ss. -98- CONTRACTOR: BLAZY CONSTRUCTION, INC By: Name: Kelly J. Keating Title: President STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss. THIS IS TO CERTIFY that on this day of 201 Kelly J. Keating, President of Blazy Construction, Inc. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: the ci(yo of K NAL ALASKA The increase is for: Tillaye with a Past, Gtt with a Fistare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 Illilf For Council Approval: July 21, 2010 MEMO NDUM TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager fr DATE: July 13, 2010 SUBJECT: Vintage Pointe Water Damage Repair Architectural Services Please increase PO 93314 to Klauder Company by $3,625.00 for Amendment No. 1 to the contract for the Vintage Point Architectural Documents for Water Damage Repair. 1. Expanding the scope of the services to provide as built drawings of Apartment 102, due to changes in Apartment 102 that did not match the record documents and provide construction drawings to address insufficient ADA clearances in the kitchen area. 1992 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT VINTAGE POINTE WATER DAMAGE REPAIR ARCHITECTUAL DOCUMENTS, CITY OF KENAI, ALASKA The City of Kenai (CITY) and Klauder Company, Inc (CONSULTANT) amend the Professional Services Agreement (Architectural Documents for Water Damage Repair) (Agreement), dated June 7, 2010, as follows. 1. The scope of the services is expanded to as built drawings of Apartment 102, due to changes in Apartment 102 that did not match the record documents and provide construction drawings to address insufficient ADA clearances in the kitchen area. 2. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 3. The following is a summary of the contract price history of the Agreement as amended The original contract price $15,000,00 The net change by previously authorized Amendments $0.00 The contract price prior to this Amendment $15,000.00 The increase in contract price by this Amendment $3,625.00 The new contract price including this Amendment $18,625.00 CITY OF KENAI KLAUDER COMPANY, INC By: Rick R. Koch, City Manager (Name of officer or agent, title of officer or agent) State of Alaska State of Alaska Third Judicial District Third Judicial District The foregoing instrument was acknowledged before me this day of July, 2010, by Rick R. Koch, City Manager for the City of Kenai. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, If any) Approved by Legal: Approved by Finance: By: -100- The foregoing instrument was acknowledged before me this July, 2010, by of Klauder Company. Inc (Name of corporation) An Alaskan Corporation, on behalf of the corporation. day of (Name of officer or agent, title of officer or agent) (Signature of Person Taking Acknowledgment (Notary)) (Title) (Serial Number, if any) tke a'tyof KENAI. ALASKA Rick, e with a Past, Git with a Future" MEMO -1 01 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext, 236 FAX: (907) 283 3014 TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director I/ 0 DATE: July 14, 2010 DUM SUBJECT: KENAI MUNICIPAL AIRPORT REHABILITATE APRON 2009 -2010; CHANGE ORDER FOUR MEMO IN SUPPORT OF Change Order Four to the subject project consists of the following. 99] Schedule One Provides for the complete painting of Runway 1L -19R: Blast Pad Chevrons, Threshold's, R/W Numerals, Touchdown Zone Markings, Centerline, Edge Lines, Taxiway Centerline Edge Line lead -ins, Transverse Edge Markings, Enhanced Hold Lines Surface Painted Holding Position Signs. This will also include all necessary pavement preparation, paint removal Traffic Control. This work will be performed according to submitted Plans and applicable sections of the Project Specifications. An FAA surveillance inspection of Kenai Airport in September 2009 indicated non compliance with 14 CFR Part 139 regarding Runway and Taxiway Marking 139.311(a) and Runway Safety Area 139,309(b)(2). The FAA had issued a Letter of Correction to the Kenai Airport to direct compliance with Part 139 by certain dates. The airport has exceeded these FAA mandated dates. Schedule One will correct this non compliance. Schedule Two Provides for Grade and Drainage item modifications from Apron Station 7 +60 to Station 9 +77.76. It will also extend Apron Rehabilitation work along Taxiway F back station to 7 +00 and installing a new cantilever gate on the Apron side of the Terminal garbage dumpster for access from transient aircraft parking. This work will be performed according to submitted Plans and applicable sections of the Project Specifications. This grade change will improve drainage to the apron and neighboring lease lot facilities which will enhance future development in the south side of the airport. Schedule One will increase the contract by $392,760.80 and Schedule Two will increase it by $82,000. Change Order Four will increase the contract time by 15 days. The FAA concurs with and approves of the Change Order Four. I recommend Change Order Four be approved by the City. he a7 ar KEN SNA CITY OF KENAI ORDINANCE NO. 2498 -2010 Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $18,284.00 FOR CITY MANAGER, CITY CLERK, AND CITY ATTORNEY PAY AND BENEFIT INCREASES IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS. WHEREAS, upon completion of each employees' annual evaluation, the City Council has authorized a FY2011, 1.1% COLA (Cost of Living Allowance) and a 5.0% merit, pay increase for the City Manager, City Clerk, and City Attorney; and, WHEREAS, the COLA increase shall be retroactively applied to July 1, 2010 for each; and, WHEREAS, the merit increases for the City Manager and City Clerk shall be retroactively applied to July 1, 2010 and the effective date for the City Attorney's merit increase will be August 24, 2010, the one -year anniversary of her employment; and, WHEREAS, the effect of the increase for wages and benefits will be $18,284.00 more than originally budgeted. 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 Revenue Appropriation of Fund Balance $17,473.00 State Grant PERS Relief 811.00 $18,284.00 Increase Appropriations City Clerk Salaries 3,808,00 Leave 190.00 Medicare 58.00 PERS 838.00 Unemployment Insurance 20.00 Workers Compensation 36.00 Total City Clerk 4,950.00 City Attorney Salaries 3,248.00 Leave 50.00 Medicare 48.00 New Text Underlined; [DELETED TEXT BRACKETED] -102- Ordinance No. 2498 -2010 Page 2 of 2 Total Appropriations PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. ATTEST: PERS 715.00 Unemployment Insurance 16.00 Workers Compensation 33.00 Total City Attorney 4,110.00 City Manager Salaries 6,531.00 Leave 251.00 Medicare 98.00 PERS 1,437.00 Unemployment Insurance 34.00 Workers Compensation 62.00 Total City Manager 8,413.00 Non Departmental PERS 811.00 Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKE -103- 18 284.00 Introduced: July 21, 2010 Adopted: August 4, 2010 Effective: August 4, 2010 MC Cf el KENAI ALASKA CITY OF KENAI ORDINANCE NO. 2499 -2010 Sponsored by: Mayor Pat Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS. WHEREAS, there are within the City many structures that have been damaged or destroyed by fire or by other means and that have not been repaired, replaced, or removed, sometimes for an extended period; and, WHEREAS, there are also many properties within the City where owners or occupants have failed to maintain the premises and the properties are so dilapidated that the failure to address basic cleanliness and /or maintenance standards on the premises have adversely affected the property values of surrounding properties; and, WHEREAS, damaged and dilapidated structures and properties appeal both to children looking for adventure and to persons seeking to engage in illegal activities such as the sale and use of drugs, trespass, and the dumping of rubbish and no dous waste; and, WHEREAS, damaged and dilapidated structures and unsightly premises negatively affect the property values of parcels nearby and injure the surrounding neighborhood by discouraging investment in the neighborhood and undermining a sense of community within the neighborhood; and, WHEREAS, the definition of what status and /or conduct is a public nuisance in the City's Code does not include unsightly premises or buildings or structures that have been destroyed or partially destroyed and where the owner has failed to make repairs or remove the remaining structure and otherwise attend to the economic burdens of property ownership; and, WHEREAS, the City of Kenai has an interest in encouraging active use of properties and in discouraging the wasting of properties in order to prevent the loss of tax revenues from the decline in property value of the destroyed or partially destroyed structure and from the decline in property values of properties close to these structures or premises; and, WHEREAS, the City of Kenai also has an interest in regulating these premises in order to protect the health and safety of the general public to discourage illegal uses and to prevent injury; and, WHEREAS, it is in the best interests of the City to encourage proper property maintenance to promote community, to protect the health and safety of its residents, New Text. Underlined [DELETED TEXT BRACKETED -104- Ordinance No. 2499 -2010 Page 2 of 2 to protect and preserve property values, and to create a healthy tax base to support the provision of City services to the general public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.10.010, is hereby amended to read as follows: 12.10.010 Definitions. In addition to other public nuisances declared by other sections of this Code, the following are hereby declared to be public nuisances: (a) The sale or offering for sale of unwholesome food or drink or a place where such sales or offerings are made; (b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the State law or ordinances of the City, or a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the State law or ordinances of the City; (c) The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects, or a place where such are exposed, displayed sold, or distributed; (d) A place where persons gamble, whether by cards, slot machines, punch boards, or otherwise; (e) A place where prostitution, illicit sexual inter[ ]course,[') or other immoral acts are practiced; (f) (g) A p[P]lace where activities in violation of State law or ordinance are carried on; The public exposure of a person having a contagious disease; (h) The continued making of loud or unusual noises which annoy persons of ordinary sensibilities, or the keeping of an animal which makes such noises; (i) The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others; New Tex Underlined; IDELLETED TEXT BRACKETED] -105- Ordinance No. 2499 -2010 Page 2 of 2 (j) Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance; (k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed or are[A] likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public health or safety; (1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things which are or are likely to be breeding places for flies, mosquitoes, vermin, or disease germs, (m) Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition; (n) Any pit, hole, or other thing which is so constructed, formed, conditioned, and /or situated as to endanger the public safety; (o) Any fire or explosion hazard which endangers the public peace, health, safety, or welfare; and, (p) Any occupation or activity which endangers the public peace, health, safety, morals, or welfare; (q) Any building or structure that is partially or wholly burned or otherwise partially destroyed by other means and that is unsightly, hazardous to the safety of any person, a continuing fire hazard. or is structurally unsound to the extent that there is a likelihood of injury to any person entering the structure. (r) Unsightly premises, including exteriors or structures maintained in such condition as to become so defective or unsightly or in such condition of deterioration or disrepair that the property causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes the keeping or disposing of or the scattering over the property or premises of any waste. lumber, or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; stagnant water or excavations: or any device, decoration, design, fence. structure, clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location. Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby New Text Underlined' [DELETZ D TEXT BRACKETED) -106- Ordinance No. 2499 -2010 Page 2 of 2 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined' (DELETED TEXT BRACKETED) -107- PAT PORTER, MAYOR Introduced: Ju1y 21, 2010 Adopted: August 4, 2010 Effective: September 4. 2010 MEMO: TO: City Councilors FROM: Mayor Pat Porter DATE: July 15, 2010 Village with a Past, Gi with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 SUBJECT: Proposed Ordinance No. 2499 -2010, Amending ICV1C Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. I am introducing Ordinance No. 2499 -2010 as one means to address suggestions made by members of the public in the May 8 Town Hall Meeting about how the City of Kenai can continue to build a sustainable community. Each group participating in the discussion asked the City to take actions to strengthen neighborhoods and to promote health and safety measures in the City. Ideas included promoting the attractiveness of the City by removing and eliminating burned out buildings and derelict structures, initiating zoning to protect communities, encouraging beautification and aesthetics, and focusing on quality of life issues such as community building. In addition, I also routinely receive many complaints by citizens concerned about the poor condition of certain properties and structures within the City and the impact those properties have on their neighborhoods. Ordinance No. 2499 -2010 amends the definition. of "public nuisance" to include unsightly premises that cause a decline in property values to surrounding properties. It also amends the definition of "public nuisance" to include structures that are destroyed or partially destroyed by fire or other means where the structure is unsightly or poses certain health and safety hazards. The latter definition does not require a showing that the structure has resulted in declining property values in order to declare the structure a public nuisance. -108- 1992 Through this Ordinance, the City is taking positive steps to keep our children safe, to protect private investment, and to support City of Kenai neighborhoods and their sense of community. KEMAI ALASKA Nc y MEMO: e with a Past, a with a F�ctuve" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 VIII' TO: City Council FROM: Rick Koch DATE: July 15, 2010 SUBJECT: Approval Item Utility easement The purpose of this correspondence is to request Council approval of the attached utility easement. This easement provides for access to the Kenai Community Library. Thank you for your attention in this matter, -109- 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 of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to Grantee HOMER ELECTRIC ASSOCIATION, INC., with an address of 280 Airport Way, Kenai, AK 99611, and its successors and assigns, a non- exclusive utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, electric and telecommunication transmission lines, wires, cables, and other necessary appurtenances for the transmission and distribution of communication services and for the transmission of electric current, 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, varying from 5 -10 feet in width, for the purpose of installing and maintaining underground electrical Lines situated within TRACT A FIDALGO COMMERCIAL MUNICIPAL SQUARE REPLAT according plat number 2008 -84 Kenai Recording District (KN) situated NE1 /4 and NW 1/4, Section 5, Township 5 North, Range I I West, Seward Meridian, Alaska, the City of Kenai and Kenai Peninsula Borough and more particularly described; Commencing at the southeast of said Tract A, the Point of Beginning of this description; THENCE N 28 °42'00 E Length: 10.00' along the common property line with Lot 14 Block One KN 1587; THENCE along a curve parallel and 10 feet offset of the north right of way line of Fidalgo Avenue having a Curve Length: 5.95' Radius: 1790.00' Delta: 0 °11'25" Tangent: 2.97' Chord: 5.94 Chord Bearing: N 61 °57'50 W; THENCE N 16°46'02" E Length: 26.98' across said Tract A; THENCE N 31°23'52" E Length: 97.11' across said Tract A; THENCE N 37 °29'55" E Length: 10.04' across said Tract A; THENCE N 52 °02'33" W Length: 13.52' across said Tract A; THENCE N 27°13'40" E Length: 3,26' across said Tract A; THENCE N 62 °46'20" W Length: 8.30' across said Tract A; THENCE S 27 °13'40" W Length: 8.00' across said Tract A; THENCE S 62 °46'20" E Length: 6.44' across said Tract A; THENCE S 52 °02'33" E Length: 9.51' across said Tract A; UTILITY EASEMENT Page 1 easementHEAtibiaryExp.071510 -110- THENCE 5 37 °29'55" W Length: 5.34' across said Tract A; THENCE 5 31 °23'52" W Length: 98.02' across said Tract A; THENCE S 16 °46'02" W Length: 26.64' across said Tract A; THENCE along a curve parallel and 10 feet offset of the north right of way line of Fidalgo Avenue having a Curve Length: 151.59' Radius: 1790.00 Delta: 4 °51'07" Tangent 75.84' Chord: 151.54' Chord Bearing: N 64 °38'54" W; THENCE N 07 °47'53" W Length: 19.28' across said Tract A; THENCE N 00 °56'51" W Length: 64.90' across said Tract A; THENCE N 19 °10'04" E Length: 46.82' across said Tract A; THENCE N 24 °14'42" E Length: 48.09' across said Tract A; THENCE S 55 °36'19" E Length: 1.38' across said Tract A; THENCE N 34 °13'39" E Length: 7.87' across said Tract A; THENCE N 52'51'25" W Length: 0.75' across said Tract A; THENCE N 51 °13'02" E Length: 7.56' across said Tract A; THENCE N 29 °39'06" E Length: 24.77' across said Tract A; THENCE N 29 °57'34" E Length: 28.49' across said Tract A; THENCE N 32 °34'48" E Length: 44.73' across said Tract A; THENCE N 30°31'32" E Length: 20.48' across said Tract A to the point of intersection with the south right of way line of Main Street Loop Road; THENCE N 61 °1.8'00" W Length: 10.01' along the south right of way line of Main Street Loop Road; THENCE S 30 °31'32 W Length: 19.98' across said Tract A; THENCE S 32 °34'48" W Length: 44.78' across said Tract A; THENCE S 29 °57'34" W Length: 28.68' across said Tract A; THENCE S 29 °39'06" W Length: 22.89' across said Tract A; THENCE S 51 °13'02" W Length: 7.20' across said Tract A; THENCE S 34 °53'22" W Length: 12.89' across said Tract A; THENCE S 24 °14'42" W Length: 9,62' across said Tract A; THENCE N 50 °21'01" W Length: 46.48' across said Tract A; THENCE N 80 °58'26" W Length: 11.17' across said Tract A; THENCE S 83`32'27" W Length: 21.52' across said Tract A; TFIENCE S 06 °40'55" E Length: 5.00' across said Tract A; THENCE N 83 °32'27" E Length: 20.82' across said Tract A; THENCE S 80 °58'26" E Length: 9.12' across said Tract A; THENCE S 50 °21'01" E Length: 46.48' across said Tract A; THENCE 5 24 °14'42" W Length: 31.89' across said Tract A; THENCE 5 19 °10'04" W Length: 49.04' across said Tract A; THENCE S 00 °56'51" E Length: 67.28' across said Tract A; THENCE S 07 °47'53" E Length: 13.97' across said Tract A; THENCE along a curve parallel and 10 feet offset of the north right of way line of Fidalgo Avenue having a Curve Length: 193.30' Radius: 1790.00' Delta: 6°11'14" Tangents: 96.74' UTILITY EASEMENT easementH EAlibrarytxp.071510 Page 2 Chord: 193.21' Chord Bearing: N 70 °32'23" W; THENCE N 73 °38'00" W Length: 83.06' along a line 10 feet offset of the north right ofway line of Fidalgo Avenue across said Tract A; THENCE N 25 °25'48" E Length: 1.54' across said Tract A; THENCE N 39 °21'56" E Length: 31.17' across said Tract A; THENCE N 29 °30'54" E Length: 86.11' across said Tract A; THENCE N 60 °46'21" W Length: 6.40' across said Tract A; THENCE N 21°07'15" W Length: 14.92' across said Tract A; THENCE N 16 °29'52" E Length: 16.21' across said Tract A; THENCE N 42 °49'49" W Length: 9.53' across said Tract A; THENCE N 76 °58'46" W Length: 11.91' across said Tract A; THENCE 5 30°25'40" W Length: 5.24' across said Tract A; THENCE S 76`58'46" E Length: 11.94' across said Tract A; THENCE S 42 °49'49" E Length: 5.15' across said Tract A; THENCE 5 16 °29'52" W Length: 15.07' across said Tract A; THENCE S 21°07'15" E Length: 17.93' across said Tract A; THENCE S 30 °00'04" W Length: 3.34' across said Tract A; THENCE S 60°46'11" E Length: 3.59' across said Tract A; THENCE S 29°30'54" W Length: 77.63' across said Tract A; THENCE S 39 °21'56" W Length: 31.35' across said Tract A; THENCE S 25 °25'48" W Length: 2.95' across said Tract A; THENCE N 73 °38'00" W Length: 122.09' along a line 10 feet offset of the north right of way line of Fidalgo Avenue to the point of intersection with the easterly right of way line of S. Willow Street; THENCE along a curve of the north right of way line of Fidalgo Avenue having a Curve Length: 23.18 Radius: 25.00' Delta: 53 °07'53" Tangents: 12.50' Chord: 22.36' Chord Bearing: S 47 °04'08" E; THENCE S 73 °38'00" E Length: 190.21' along the north right of way line Fidalgo Avenue; Thence along a curve of the north right of way line of Fidalgo Avenue having a Curve Length: 365.39' Radius. 1780.00' Delta: 11 °45'41" Tangent: 183.34' Chord: 364.75' Chord Bearing: S 67°45'10" E to the Point of Beginning thus embracing Area: 10,890 sq. ft. 0.250 acres. 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, sidewalks, roads, and any and all other improvements which may exist now or in the future, which damage which UTILITY EASEMENT Page 3 easementHEAlibraryExp.071,510 -112- 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 mariner 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, DATED this day of 2010 GRANTOR: CITY OF KENAI STATE OF ALASKA THIRD JUDICIAL DISTRICT UITLITY EASEMENT easementHEAEbraryExp,071510 ss. By: Rick Koch Its: City Manager The foregoing instrument was acknowledged before me this day of July, 2010, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for the State of Alaska. My Commission Expires: -113- Page 4 A 1 1 EST: Carol L. Freas, City Clerk SEAL: APPROVED AS TO FORM: Krist4 S. Stearns, City Attorney After Recording Return to: Homer Electric Association, Inc. 280 Airport Way Kenai, AK 99611 UTILITY EASEMENT eascmentH EAlihraryExp, 071510 -114- Page 5 mm D O w m o m C0 n 9 m 1 z pi 0 D zl Z m n 2 m m iii U. i z z al m o .w di D I W l M C Pm z Z D -h M, b -115- EXHIBIT A UtUUfty Easement Page 1 of 1 KENAI, ALASKA MEMO: Thank you for your attention in this matter. fiVillaye with a Past, Gi w a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 sh,l, Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: July 15, 2010 SUBJECT: Manager's Report Kenai Municipal Airport Access Permit The Kenai Municipal Airport has issued Airport Access Permits to allow for off airport vendors, businesses, and contractors, to conduct business on the Airport. The fees charged have generally been nominal as the activities did not impact operations, nor require the support, of the Airport. Recently we have been approached by an off- airport fuel supplier to provide both in -wing and bulk fuel on the Airport. During our research to determine how off airport vendors /businesses /contractors are permitted at other airports we found there is no common single policy. Some airports simply do not allow access to off airport vendors /businesses /contractors, and other airports impose a wide range of fees. We discussed this issue with the City's consultant which produced the Airport Supplemental Planning Assessment -Phase 2, and was told the City was legally able to impose fees for access to the Airport in an amount the Airport deemed appropriate. Attached is the latest draft version of the Access Permit for the Kenai Municipal Airport. Barring Council direction to the contrary it is Administration's intent to work with the City Attorney to finalize the form of the permit. -116- 1992 witnesseth: CITY OF KENAI KENAI MUNICIPAL AIRPORT ACCESS PERMIT This Airport Access Permit between the CITY OF KENAI, KENAI MUNICIPAL AIRPORT ("City hereinafter referred to as PERMITTOR, and (Permittee), (Address), hereinafter referred to as PERMITTEE, PERMITTOR hereby grants to PERMIT I"EE access t0 certain premises located at the Kenai Municipal Airport. An area of the Kenai Municipal Airport (describe area) 1. Purpose: The purpose of this peunit is to allow the PERMITTEE access, for aviation activities only, to Kenai Municipal Airport from adjoining private property for the purposes of aircraft maintenance, aircraft support facilities maintenance, aircraft fueling, and water extraction and use of Float Plane Basin parking apron. 2. Term: The term of this permit shall be for one (1) year, commencing on the day of (date), and ending on the day of (date). Access to the Airport is granted to an Off Airport User from an access area subject to the terms and conditions of this Access Permit. 3. Access Fees: PERMITTEE shall pay to PERMITTOR access fee(s) as follows: A. Aircraft Maintenance or Aircraft Support Facilities Maintenance: Mechanics shall pay a fee of twenty five dollars ($25.00) for airport access on an annual basis during the term of this permit. B. Fueling (Aircraft Bulk): Fuel Suppliers shall pay a fee of one hundred dollars ($100.00) for airport access on an annual basis during the term of this permit. In addition to the annual fee, Fuel Suppliers will pay a two cent ($0.02) per gallon dispensing fee. The dispensing fee is in addition to the two cent ($0.02) fuel flowage fee for wing fuel. Access Permit 1.) Fuel Sales Certified Activity Report: A Fuel Sales Certified Activity Report with payment must be received on or before the 15 of each month for the previous month's activity. Remit to: City of Kenai Finance Department 210 Fidalgo Avenue Kenai, AK 99611 -117- No construction or installation of any above ground or underground fuel storage tanks or dispensing systems located on airport premises will be allowed. No person shall smoke inside an aircraft hangar, within fifty (50) feet of any aircraft fuel facility, or fuel truck, nor an aircraft parking ramp. 3) Further details can be found in FAA Advisory Circular 150/5230 -4 Aircraft Fuel Storage, Handling, and Dispensing on Airports and the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version) and the current version of the International Fire Codes. All inspections of tenant fuel facilities will be conducted for the purpose of assuring compliance with the fire safety practices listed in these three documents. C. Water Extraction: PERMITTEE shall pay twenty -five dollars ($25.00) per load for access for water extraction from the Float Plane Basin. Access Permit 2.) Fuel Spill Prevention and Response Plan: PERMITTEE will provide to PERMITTOR an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. PERMITTEE further agrees to have a copy of the fuel spill prevention and response plan located in the PERMITIEE's fuel dispensing equipment at all times. The PERMIT "1 EE must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate. PERMITTEE shall not store any personal property, solid waste, petroleum products, Hazardous Waste (ignitable, corrosive, reactive, or toxic) on any portion of the Kenai Municipal Airport premises. PERMITTEE is aware that there are significant penalties for improperly disposing of the Hazardous Wastes, or submitting false information regarding Iazardous Waste including the possibility of fine and imprisonment for knowing violations. In the event of spillage or dripping,of gasoline, oil, grease or any material which may be unsightly or detrimental to the pavement or surface m any area of the airport, the material shall be removed immediately. The responsibility for the immediate removal of such fuel, oil, grease or other material shall be assumed by the operator or owner of the equipment causing the deposit or by the tenant or other person responsible for the deposit on the pavement. -118- D. Use of Float Plane Basin Parking Apron: PERMITTEE shall pay twenty -five dollars (S25.00) per day for access to utilize the Float Plane Basin Apron for activities such as float installation/removal. 4. Other fees: The Kenai Municipal Airport may charge an additional fees(s) for aviation or aviation support activities not defined in this permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. 5. Proximity Card for Gate Access: To pay a deposit of one hundred dollars (8100.00) for the use of the proximity card; of which one hundred dollars ($100.00) will be refunded when card is returned. PERMITTEE shall have the right of ingress and egress to the airport using only the designated access locations. Access is for current PERMITTEE use only and cannot be transferred or assigned. 6. Inspection: The City, its representative, or FAA inspections shall have the right and authority to inspect at any time for any purpose whatsoever, all equipment used by the PERMITTEE under this Permit. 7. Hazardous Substances and Materials: The PERMITTEE will conform and be subject to the requirements of CFR 139.321 Handling and Storage of Hazardous Substances and Materials regulations on the Kenai Municipal Airport. 8. Insurance: The City shall set the minimum insurance requirements as they pertain to the particular activity to be performed. These.minimurn requirements shall be commercial general liability, automobile liability, and if applicable, environmental insurance coverage to the extent required by the City. 9. Airport Operations: The PERMITTEE will ensure that the PERMITTEE, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of the PERMITTEE on the Airport, that perfomt any repairs or activities authorized under this Permit act in a manner that ensures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. The PERMITTEE will employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The PERMITTEE will immediately notify the PERMITTOR of any condition, problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the premises. 10. Regulations: PERMITTEE is responsible for obtaining and maintaining all required federal, state and local licenses, certificates and other documents required for their operations. PERMITTEE must observe and comply with all laws, statutes, ordinances, regulations and rules of federal, state, and city governments, and all operational guidelines that may be instituted from time to time. 11. Coordination with Airport Management: The PERMITTEE will coordinate all activities on the Kenai Municipal Airport with Airport Management, or a designated representative, and will abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by PERMITTEE and PERMITTEE's personnel. 12. Radio Transmitting Equipment: At the City's request, the PERMITTEE shall discontinue the use of any machine or device which interferes with any government operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. Access Permit -119- 13. Termination: This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. 14. Type of Activity (check one): Aircraft Maintenance or Aircraft Support Facilities Maintenance Fueling (Aircraft Bulk) Water Extraction Use of Float Plane Basin Parking Apron STATE OF ALASKA THIRD JUDICIAL DISTRICT Access Permit PERMITTOR: CITY OF KENAI PERMITTEE: -120- By: Rick R. Koch City Manager By: 1+, THIS IS TO CERTIFY that on this day of July, 2010, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of the City. Notary Public' for Alaska My Commission Expires: STATE OF ALASKA ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, (Title), of 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. Access Permit Notary Public in and for Alaska My Commission Expires: -121- AGENDA ITEM 1: CALL TO ORDER Bs ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY June 10, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Goals 2010 2011 b. Discussion Fees for Services ITEM 6: ITEM 7: NEW BUSINESS REPORTS a. Council on Aging Chair b. Director c. Council Liaison COUNCIL ON AGING JULY 8, 2010 KENAI SENIOR CENTER 4:30 P.M. ITEM 8: QUESTIONS 8s COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Kenai City Council Action Agendas of June 2 and 16, 2010. ITEM 11: ADJOURNMENT -122- PENDING APPROVAL Members present: Members absent: Staff /Council Liaison present: COUNCIL ON AGING JULY 8, 2010 KENAI SENIOR CENTER 4:30 P.M. CHAIR RON FULLINCK, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Fullinck called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: J. Hollier, E. Jones, R. Fullinck, V. Geller, 13. Osborn, L. Nelson, M. Milewski L. Flowers, V. Graham Senior Center Director R. Craig, Council Member M. Boyle ITEM 2: AGENDA APPROVAL MOTION: Member Osborn MOVED to approve the agenda as presented and Member Hollier SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY June 10, 2010 MOTION: Member Jones MOVED to approve the meeting summary of June 10, 2010 and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion Goals 2010 2011 Director Craig noted the four top goals for the Senior Center as: More Storage. Senior Center Carport /three -sided building and /or garage for Senior Center Vans and residents at Vintage Pointe. A nurse to do blood pressure checks and pedicures for diabetics on a monthly basis. More Advertising for the Senior Center. -123- MOTION: Member Osborn MOVED to request Council Member Boyle pursue funding for planning a garage from the City Council and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. 5 -b. Discussion Fees for Services Craig reviewed the memorandum included in the packet and general discussion occurred. Craig noted the members supported the acceptance of credit card payments. ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Council on Aging Chair Fullinck questioned if the organization was reaching out to seniors or could do more. 7 -b. Director Craig noted the good turnout for the Fourth of July activities. 7 -c. Council Liaison Council Member Boyle clarified he would approach City Council regarding funding for planning for covered parking at the Center. ITEM 8: QUESTIONS COMMENTS In response to the earlier comment on what the Center offered seniors, comments included: The Center reached out to Seniors with a pool table, craft room, computer room. The Center offered congregate and home meals and transportation. A question was also raised regarding renewable energy for the Senior Center. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of June 2 and 16, 2010. ITEM 11: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. -124- COUNCIL ON AGING MEETING JULY 8, 2010 PAGE 2 There being no further business before the Council on Aging, the meeting was adjourned at approximately 6:15 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -125- COUNCIL ON AGING MEETING JULY 8, 2010 PAGE 3 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY June 10, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion Proposed Change to Airport Reserve Boundary b. Discussion Proposed Sale of Airport Properties c. Discussion Five Year Airport Improvement Program ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION JULY 8, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for June 2 and 16, 2010. b. June Airport Manager's Report -126- ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, R. Bielefeld, H. Knackstedt, G. Feeken Commissioners absent: L. Porter, E. Mayer, R. Rogers Staff /Council Liaison present: M. Bondurant, Council Member B. Eldridge ITEM 2: AGENDA APPROVAL MOTION: KENAI AIRPORT COMMISSION JULY 8, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY June 10, 2010 MOTION: Commissioner Zirul MOVED to approve the meeting summary of June 10, 2010 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS None ITEM 6: NEW BUSINESS 6 -a. Discussion Proposed Change to Airport Reserve Boundary Rick Koch, City Manager Koch reviewed his memorandum included in the packet, noting the properties that were not conducive to aviation- related businesses and his desire to change the boundary. Koch reported he would return to the Commission with more information. 6 -b. Discussion Proposed Sale of Airport Properties Rick Koch, City Manager /Christine Cunningham, Assistant to the City Manager Koch reviewed the memorandum included in the packet and Cunningham gave a -127- review of lease history, noting the lease did not prbvide the right to purchase but a former city employee told the lessee it could be purchased. Koch reported he would report back to the Commission as the process continued and would have the Commission review the draft sales agreement if the purchase moved forward. 6 -c. Discussion Five Year Airport Improvement Program Airport Manager Bondurant reviewed the revised Airport Improvement Program List for the next five years, noting FAA wanted the list soon and projects were proposed based on the work session of May 14, 2010. MOTION: Commissioner Bielefeld MOVED to approve the Airport Improvement Program list and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair Chair Knackstedt noted it would be nice to receive the packet by Saturday to give the commissioners more time to look it over. 7 -b. Airport Manager Bondurant noted 17 lessees along or inside the fence would be receiving a notification of lease lot inspection. 7 -c. City Council Liaison Council Member Eldridge reviewed the action agendas of the June 2 and 16, 2010 City Council meetings which were included in the packet. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS Bielefeld Reported he would like the fuel tank at the float _plane basin checked after every delivery. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 10 -a. Kenai City Council Meeting Action Agendas for June 2 and 16, 2010. 10 -b. June Airport Manager's Report ITEM 11: ADJOURNMENT MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. -128- AIRPORT COMMISSION MEETING JULY 8, 2010 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 8:21 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -129- AIRPORT COMMISSION MEETING JULY 8, 2010 PAGE 3 AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. May 10, 2010 b. June 7, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion 2010 Goals and Objectives ITEM 6: NEW BUSINESS a. Discussion On -Site User Survey Forms b. Discussion City of Kenai Harbor Maintenance Plan ITEM 7: REPORTS KENAI HARBOR COMMISSION MEETING JULY 12, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. 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 June 2 and 16, 2010. ITEM 11: ADJOURNMENT -130- PENDING APPROVAL KENAI HARBOR COMMISSION MEETING JULY 12, 2010 CLERK'S CONFERENCE ROOM 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Thompson called the meeting to order at approximately 7 :03 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: 3 -a. May 10, 2010 3 -b. June 7, 2010 MOTION: ITEM 4: ITEM 5: 5 -a. AGENDA APPROVAL Commissioner comments included: B. Osborn, G. Foster, B. Peters, T. Thompson, B. Nelson P. Morin, W. Niederhauser Public Works Director W. Ogle Commissioner Peters MOVED to approve the agenda as presented and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY Commissioner Peters MOVED to approve the meeting summaries of May 10 and June 7, 2010 and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion 2010 Goals and Objectives Public Works Director Ogle reviewed the draft goals and objectives included in the packet. General discussion followed. -131- Add Number 6: Continue to pursue additional parking for North Beach dip netting to Long Term Goals Infrastructure. Add Number 12: Paint Exterior of Dock Restroom to Short Term Goals Infrastructure. MOTION: Commissioner Peters MOVED to adopt the 2010 Goals and Objectives with the two changes noted and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 6• NEW BUSINESS 6 -a. Discussion On -Site User Survey Forms General discussion occurred with the following Commissioner comments: It was too late in the season to begin this year. Examples given were for much more complex harbors. Inquiry of whether the survey would target a specific group. Dip Netters should be included in the discussion. The Commission decided to table the discussion until the August 9, 2010 meeting. 6 -b. Discussion City of Kenai Harbor Maintenance Plan General discussion occurred with the following Commissioner comments: Would like to visit the dock and meet the dock foreman. Would like to schedule a tour of the dock prior to the August 9, 2010 meeting. ITEM 7: 7 -a. season. project. Recommended accepting the Harbor Maintenance Plan as written. REPORTS Director Public Works Director Ogle noted the following: Reviewed the status of the Meeks Creek Trail. Restrooms would be constructed on North Beach after dip net Raised walkways would be bid out in August. Nelson Associates would be completing assessment of damage and corrosion protection. Reviewed the status of fencing at South Beach and additional fencing at North Beach. Reviewed the final report on the boat ramp plank replacement 7 -b. City Council Liaison No report. -132- HARBOR COMMISSION MEETING JULY 12, 2010 PAGE 2 ITEM 8: COMMISSIONER COMMENTS /QUESTIONS Thompson Requested the cones on the beach be removed as they were in the way of set netters moving on and off the beach, ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of June 2 and 16, 2010. ITEM 11: ADJOURNMENT MOTION: Commissioner Osborn MOVED to adjourn and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:35 p.m. Meeting summary prepared and submitted by: Corene Hall Deputy City Clerk -133- HARBOR COMMISSION MEETING JULY 12, 2010 PAGE 3 AGENDA ITEM 1: CALL TO ORDER 84 ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. May 4, 2010 b. June 1, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Draft Library Code of Conduct ITEM 6: NEW BUSINESS a. Discussion Making Motions b. Discussion "Anythink Colorado Libraries" c. Discussion Fines and Fees ITEM 7: REPORTS a. Director b. City Council Liaison KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JULY 6, 2010 7:00 P.M. ITEM 8: COMMISSION COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agenda Items from 2010. ITEM 11: ADJOURNMENT -134- PENDING APPROVAL ITEM 1: Vice Chair Glidden called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2• AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3° APPROVAL OF MEETING SUMMARY 3 -a. May 4, 2010 3 -b. June 1, 2010 MOTION: Commissioner Brenckle MOVED to approve the meeting summaries of May 4 and June 1, 2010 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. Commissioner comments included: KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JULY 6, 2010 7:00 P.M. VICE CHAIR KIMBERLY GLIDDEN, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL C. Brenckle, K. Glidden, J. Bookey, R. Peters, S. Harris E. Bryson Library Director M. Joiner, Council Member R. Marquis PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Draft Library Code of Conduct Library Director Joiner reviewed the draft code of conduct included in the packet. -135- Bryson ABSENT Brenckle YES Glidden 1 YES Bookey YES Peters YES Harris YES Strike #4 under We expect our customers to:" Inquired about policy regarding accessing inappropriate material on the internet. Joiner noted the issue was covered under the internet policy. Suggested striking "bathing is prohibited." Suggested striking "carrying illegal weapons of any type." MOTION TO AMEND: Commissioner Brenckle MOVED to amend the Library Code of Conduct by striking Item Number 4, "Maintain acceptable bodily hygiene. If bodily odor is offensive enough to constitute a nuisance to other people, the customer shall be required to leave the building." Commissioner Peters SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Brenckle MOVED to approve the Library Code of Conduct as amended and Commissioner Harris SECONDED the motion. There were no additional comments. VOTE ON MOTION AS AMENDED: Bryson 1 Bookey ABSENT 1 Brenckle I YES Glidden YES Peters YES Harris MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS 6 -a. Discussion Making Motions General discussion occurred. Commissioner Brenckle inquired about another training session for Commissioners. 6 -b. Discussion "Anythink Colorado Libraries" Joiner presented a slide show from her visit to the Rangeview Colorado Libraries, and noted physical layout of the collections, revamping of structure and organization using a system other than the Dewey Decimal System. 6 -c. Discussion Fines and Fees -136- YES YES LIBRARY COMMISSION MEETING JULY 6, 2010 PAGE 2 Joiner reviewed the fines and fees and general discussion occurred. Commissioner comments included: Consider doing away with fines. Fines collected at the Library average S 12,000 per year. 12,000 was not a huge percentage of the budget. Joiner noted the Commission did riot opt to change, eliminate, or add to the current fee structure. ITEM 7: REPORTS 7 -a. Director Joiner noted the Friends of the Library Board had not met in June and would not meet in July; the book sale was a success; the Library had been awarded E -rate funds; and, Senator Begich would be at the Library on July 8, 2010 at 2:00 p.m. 7 -b. City Council Liaison Council Member Marquis reviewed the action agenda of the June 16, 2010 City Council meeting which was included in the packet. Marquis noted the operating budget had passed and reviewed events that took place at the July 4, 2010 parade. ITEM 8: COMMISSION COMMENTS /QUESTIONS Peters noted the parking lot looked good and he was pleased with the progress of the expansion. Bookey appreciated the information in the packet regarding meeting procedures and thanked the Director for the presentation on Colorado libraries. Harris noted she thought the fishing rod loaner program was "really cool." Glidden thanked the Commissioners for their patience with her chairing the meeting. Brenckle complimented Glidden on chairing the meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agenda Items from 2010. ITEM 11: ADJOURNMENT MOTION: -137- LIBRARY COMMISSION MEETING JULY 6, 2010 PAGE 3 Commissioner Peters MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -138- LIBRARY COMMISSION MEETING JULY 6, 2010 PAGE 4 1. CAI I TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences y Commissioner Roy Wells PENDING APPROVAL 6. UNFINISHED BUSINESS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 14, 2010 7:00 p.m. *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. 2. *APPROVAL OF MINU I'LS: a. *June 23. 2010 3. SCHEDULFD PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial. Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. b. PZ10 -23 —An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. 7. NEW BUSINESS: a. PZI 0 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction if fifty percent (50%) or less of the replacement cost in which event the owner must obtain a building permit within three (3) months from the damage or destruction or remove the remaining structure. Discussion Public hearing scheduled. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration -139- 10. PERSONS PRESENT NOT SCHEDULED• (3 Minutes) 11. INFORMATION ITEMS: PZ_I0 24 Landscape /Site Plan Kenai Self Storage, Lot 7A, Block 1, Bridge Road Subdivision, Lockwood. Addition (1354 Bridge Access Road), Kenai, Alaska. rr Zoning Bulletin (May 10 June 1 2010) Quarterly Reports a. Planning Zoning Resolutions b. Code Enforcement c. Building Permits 12. COMMISSION COMMENTS QUESTIONS: 3. ADJOURNMENT: -140- 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 City Planner Kebschull requested the following addition to the agenda: ADD TO: Item 1 -d. Excused Absences Jeff Twait MOTION: Commissioner Brookman MOVED to approve the agenda as amended and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. CALL TO ORDER Excused Absences Commissioner Roy Wells Jeff Twait (added at the beginning of the meeting) Approved by consent agenda. CITY OF I{ENAI PLANNING ZONING COMMISSION JULY 14, 2010 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING MINUTES P. Bryson, K. Rogers, J. Brookman, K. Koester, S Romain R. Wells (excused), J. Twait City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall -141- *A11 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 June 23, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from. General Commercial to Limited Commercial Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ10 -21 and Commissioner Brookman SECONDED the motion. City Planner Kebschull reported the Clarion had not received the ad for the public hearings for PZ10 -21 and PZ1.0 -23 and advised the Commission the public hearings for both the items must be opened, closed after everyone had spoken, then postponed until the July 28, 2010 meeting to allow for notification. Kebschull reviewed the staff report included in the packet and recommended approval with the following findings: 1. The property was zoned General Commercial 2. Residential use was allowed only as a secondary use in the General Commercial Zone. 3. Residential use had continued on this property for over 50 years and had been compatible with surrounding commercial uses. 4. The 2003 City of Kenai Comprehensive Plan identified development concerns relating to the Kenai Spur Highway corridor. 5. This property was located on the Kenai Spur Highway. 6. The 2003 Comprehensive Plan Land Use classified the land as Neighborhood Commercial which provided for uses similar to the Limited Commercial Zone. 7. In 2005, the Limited Commercial Zone was developed to allow medium volume business, mixed residential, and other compatible uses. -142- PLANNING AND ZONING COMMISSION JULY 14, 2010 PAGE 2 8. Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. 9. Rezoning the property to Limited Commercial was consistent with the Comprehensive Plan. Romain opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Commissioner Bryson MOVED to postpone the public hearing to the July 28, 2010 meeting and Commissioner Brookman SECONDED the motion. VOTE: There were no objections. SO ORDERED. 5 -b. PZIO -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ10 -23 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant needed to apply for a mobile food vendor license with the City Clerk. Romain opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Commissioner Bryson MOVED to postpone the public hearing to the July 28, 2010 meeting and Commissioner Brookman SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS -143- PLANNING AND ZONING COMMISSION JULY 14, 2010 PAGE 3 7 -a. Discussion PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction if fifty percent (50%) or less of the replacement cost in which event the owner must obtain a building pei.mit within three (3) months from the damage or destruction or remove the remaining structure. Kebschull reviewed the memorandum included in the packet, noting the buildings were a public safety issue, could affect neighboring property values, and a negative attractant to young people. She requested comments from the Commission prior to the July 28, 2010 public hearing. Commissioner comments included: Three months may not be enough time to complete the process. Kebschull noted the three months limit was for applying for a building permit, not for completing the project and noted building penults were valid for two years. The amendment only applied to buildings that were non conforming at the time of destruction. MOTION: Commissioner Bryson MOVED to request scheduling PZ10 -25 for public hearing and Commissioner Rogers SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy congratulated Commissioner Bryson on his reappointment to the Borough Planning Commission, then reviewed the action agenda items of the July 7, 2010 City Council Meeting. Molloy noted the a Special Meeting was held on July 12, 2010 to evaluate the City Attorney and City Clerk. Commission requested info uration on the Kalifornsky Beach Bike Path and Molloy reported the path would only extend one -half mile. Commission requested information on beekeeping within city limits, and Molloy reported there had been a complaint regarding Woodland Subdivision. The beekeeper would be addressing Council at the July 21, 2010 meeting and the issue was being handled. by Animal Control. -144- PLANNING AND ZONING COMMISSION JULY 14, 2010 PAGE 4 9 -b. Borough Planning Bryson reported he had not attended the June Borough Planning meetings and had no report. 9 -c. Administration Kebschull reviewed the quarterly reports included in the packet; the Kennel Ordinance draft would be forthcoming; the MAPS neighborhood contacted her wanting to pursue code amendments; and, an application had been received for Cook Inlet Natural Gas for a rezone of 40 acres for a storage facility. She reported the rezone application would be, presented to the Commission at the August 11, 2010 meeting in order for the application to be forwarded to the Council for consideration at its August 18, 2010 meeting. An application for a Conditional Use Peiniit would follow. ITEM 10: ITEM 11: 11 -a. ITEM 12: ITEM 13: MOTION: VOTE: PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS PZ10 -24 Landscape /Site Plan Kenai Self Storage, Lot 7A, Block 1, Bridge Road Subdivision, Lockwood Addition (1354 Bridge Access Road), Kenai, Alaska. Zoning Bulletin (May 10 June 10, 2010) Quarterly Reports Planning Zoning Resolutions Code Enforcement Building Permits Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. -145- There being no further business before the Commission, the meeting was adjourned at approximately 7:48 p.m. PLANNING AND ZONING COMMISSION JULY 14, 2010 PAGE 5 REPORT OF CITY MANAGER the c/y KENAI, SKR To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: July 10, 2010 Total June Meal Count 2010 Served: Total Congregate Meals Served: 1,539 Total Home Meals Served: 1,724 Total June Meal Count 2009 Served: Total Congregate Meals Served: 1,403 Total Home Meals Served: 2,057 We were rented 4 Saturdays this month. We had 551 volunteer hours for June. KENAI SENIOR CENTER JULY REPORT We received notification of the NTS grant award in the amount of $170,224. United Way grants were down this year due to their not reaching the campaign goal. However, we did receive $22,612 from United *Jay and of that amount $4,980 was designated funds to the Kenai Senior Center. Again, this summer we have participated in the Alaska Senior Farmers' Market Nutrition Program. Seniors who are in the lower income bracket can qualify for coupon book worth $25.00. This provides fresh Alaskan grown fruit and vegetables with the goal of improving their health and nutritional status. It also supports local farming through use of farmers markets and roadside stands. We have given out a total of 32 coupon books. Three staff members participated in an Alzheimer's and Dementia conference held at the Challenger Learning Center. The facilitator was Dalia Gottlieb Tanaka from Vancouver, British Columbia. She specialized in using art while working with Alzheimer's clients. Due to rain, we held the Kenai Penisula area -wide senior picnic at the senior center instead of Soldotna. We had 195 seniors present. All senior centers provided food for the BBQ and the "Hope Notes' from Homer entertained. We had a great time! Next year, the picnic will be at the Kenai Park Strip. The end of June was spent working on the 4 of July Float, "Wheels of Progress," and preparing for the 4` for July Booth. 70 homemade pies were made to sell. -147- ehe a'y o/ KENAI�ASKA PARKS RECREATION MID -MONTH REPORT [JULY 2010] Late June and early July activities mostly centered on performing routine maintenance tasks, including facility, turf and flowerbed maintenance. Non- routine activities included the installation of the skate park, hanging additional banners, sidewalk edging, pruning of shrubs /trees, assisting with landscaping and removal of debris piles at the Old Town cabins. Some fence repair work was accomplished in Municipal Park. The department had approximately 50 hours community service work provided in early July. Work included weeding trails and flowerbeds, picking up trash and debris, and support for the local Softball Association's annual July tournament. The department has had 17 park reservations to date with several more scheduled for August. Kenai River Cheer will be hosting their first disc golf tournament Saturday, July 17` at the local course. Hospice of the Central Peninsula will be hosting their 2 Annual Charity Event on August 7 The Kenai Eagle Disc Golf Course Association has a couple upcoming tournaments scheduled later this fall as well. Considerable assistance and attention was given to the 4` July event. Work included coordination with the Chamber of Commerce, some preparation for the weekend and extra attention to detail toward beautification efforts. The Kenai Softball Association also held a. successful weekend tournament with a total. of 23 teams. Considerable amount of time and effort was also given to preparation for the dip net fishery. Work included organizing associated shack material /supplies, securing vendor spaces and other public services, installing signage and fencing, staff training and coordinating with other departments. A viewing scope was mounted at the bird viewing platfou (installed by Building Maintenance) and a concrete pad is poured for a second scope to be mounted at Eric I -Iansen Scout Park. Staff also completed the trailhead at Meek's Trail. Me of KENA ALASKA CAPITAL PROJECT MANAGER MID -MONTH REPORT July 2010 The status of the projects is as follows: Kenai Community Library Expansion Project Architecture by ECUHyer, Inc. Construction contract was awarded to Blazy Construction, Inc Notice to proceed was issued on April 19. Construction is progressing on schedule with preparation for slab and footings under way including underground plumbing and electrical. The library reopened on June 28 During the shutdown work was occurring in both the front parking lot and Main Street for utility tie -in as well as in the core of the building providing for mechanical and electrical services. The new slab was poured and work is beginning on structural steel and framing. Bridge Access Road Water Sewer Main Extension Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The notice to proceed was signed on January 18, 2010. Construction is currently under way with the water project at 60% complete and the sewer project 64% complete; project will be completed in September. Lawton Drive Water Extension Project Engineered by Wm. J. Nelson Associates, The Construction Contract was awarded to North Star Paving and Construction Inc. The Notice to Proceed was issued on February 16, 2010. All piping is installed and road reconstruction is complete, the area has been seeded and is awaiting spring growth. Arsenic Ground Water Study Engineered by HDL with Pilot studies by HDR. The Well 2 Aquifer Study is field work is complete and awaiting aquifer analysis report. South Beach Dunes Fencing This is an American Recovery and Reinvestment Act (ARRA) funded project administered by U.S. Fish and Wildlife Service. Permit letters were received from both Donald E. Gilman River Center and the U.S. Anny Corps of Engineers. The project was advertised on April 30 and on May 12 three bids were received. The kw bid will install 3,300 lineal feet of dunes protection. The contract was awarded to Holden Company on May y 19 for $62,028.00. Notice to Proceed was issued on June 9 materials have arrived and installation began on July 2 with and was completed on July 9 in time for the Dip Net Season. 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 were appropriated at the April 7 council meeting. Bid documents were released and bids were opened on June 9, 2010 with 6 bids received. A contract was awarded to Kachemak Electric for $58,587.00 at the June 16 council meeting. Contracts were signed and a notice to proceed was issued on June 29 The submittal process is under way, with construction coordinated with scheduled facility use. Water and Sewer Rate Study Update —The Notice to Proceed was issued on March 15, 2010. Documents requested have been provided to the consultant for analysis. 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 drawing necessary for the NEPA process completed and under review, once the NEPA process is approved, the Work Plan will be submitted to the EPA Project Officer. Once the Work Plan is approved the project will he put out to bid. Personal Use Fisheries Capital Project Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The Youth Restoration Corps Completed a portion of the trail and the remainder will be completed during the bridge replacement project. The bridge replacement, restrooms and pedestrian barrier are scheduled for later this fall. Vintage Pointe Water Damage Project— Funded by approval of Ordinance 2483 -2010 on May 19, 2010. The design contract was issued June 7th to Klauder Company Architects, Inc and the bid documents have been completed and are currently on the street with the bid opening scheduled for July 27 -149- To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: July 15, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT July 2010 The end of FY2010 came and went and many yearend procedures are in full swing. Much of the department's efforts over the next couple of months will focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 27th at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. The 2010 dipnet fishery commenced requiring daily staff time reconciling receipts from the fishery. In conjunction with a comprehensive credit card acceptance policy, the department is compiling a schedule of fees and will be making recommendations for potential fee adjustments. This project will delay the implementation of credit card acceptance. A work session is scheduled for late September and should afford credit card acceptance late in 2010. Finance and the Fire Department have been working on implementation of the ambulance billing service and with approval of a purchase order at the July 21 Council Meeting, the program will be in place and begin processing. the city el KENAALASKA June Circulation Figures Adult Fiction 1,515 Internet Access 466 Adult Non Fiction 829 Music 77 Periodicals 80 Puzzles 0 Juvenile Fiction 503 Videos 111 Juvenile Non- Fiction 125 DVDs 1,131 Easy Fiction 724 Audio books 139 Easy Non- Fiction 183 Miscellaneous 27 Interlibrary Loan 8 Computer Programs 16 Total Print Total Circulation 5,934 In -House circulation Library Door Count 2,974 Downloadable Audio e -books Needless to say, the circulation for June 2010 was far lower than that in June 2009 simply because we were closed for three weeks for construction. Income Fines 337.73 Xerox 6.00 Lost/Damaged 8.00 Test Proctoring Fee Printing 72.25 KENAI COMMUNITY LIBRARY MONTHLY REPORT JULY 2010 Total income 06/10 423.98 Interlibrary Loans Ordered 0 Returned Received 6 Loaned by us 3,967 Total Non -Print 1,967 We received notification that we once again have qualified for E -rate funds to offset our telecommunication costs. The award to cover FY11 is S3,746.99. -151- 23 19 10 231 Library Cards Issued July 2010 Internet Only 17 Kenai 20 Soldotna 7 Sterling 2 Non- Resident 8 Organization Other 17 Total 71 Nike #91V KENAI, ALASKA MEMO: TO: Rick Koch FROM: Fire Chief Michael Tilly DATE: July 13, 2010 SUBJECT: Mid month report "Village with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t'© Telephone: 907-283-7535/ FAX: 907 283 -3014 dill' 1992 -152- Like many other City departments, we have been preparing for the summer months. Testing all of the department's fire hose, testing apparatus pumps, flowing every hydrant in the City and additionally we have been preparing for ISO to visit us in August. This will set the City's and local businesses insurance rates for fire insurance. The last time we were evaluated was in the early 1990's and we have made some great changes to the department so we hope to improve on our last score. This past month the Fire Marshal and the Fire Chief attended a one day seminar on residential sprinklers. Very good information was obtained for the City. We continue to get station tours that are scheduled throughout the summer and the kids are excited to stop by the station. We have a few more pieces of equipment we are waiting for to put the new Engine 6 in service at the airport but it should be soon. We participated in the 4 ofJuly parade and even handled a few ambulance calls during the event. We have the new rescue boat stationed at the City dock and all members have been becoming familiar with its operation but we hope we do not have to use it this dip net season. PZ Resolutions Second Quarter 2010 TYPE OF PERMIT Amend KMC Conditional Use Permit Encroachment Permit Home Occupatirrn Permit Landscape /Site Plan Preliminary Plat Tuesday, July 06, 2010 Resolution TYPE MEETING DATE ACTION 201006 Adopt Hazard Mitigation Plan 4/28/2010 Approved 201013 Update Comp Plan 200930 Revocation Outside Storage Yard 201007 Guide, Cabin Rentals 201012 Professional Office 201010 Front Yard 201016 Daycare 201011 City of Kenai- Library Expansion 201020 Transmission Shop 201024 Outside Storage Yard 201004 SunSet Rim SO #2 201009 Jackson Subdivision 201014 Redoubt Terrace 5D Stockdale Replat 201017 Wlid Rose 5D TAY Add. 201016 Karen Subdivision Moore Addition No. 2 -153- 6/9/2010 Approved 6/23/2010 Approved 4/28/2010 Failed 5/12/2010 Approved 5/12/2010 Approved 6/9/2010 Approved 4/23/2010 Approved 6/15/2010 Approved 6/23/2010 Approved 4/14/2010 Approved 4)28/2010 Approved 5/26/2010 Approved 6/9/2010 Approved 6/9/2010 Approved Page 1 of 2 TYPE OF PERMIT Resolution TYPE MEETING DATE ACTION Variance 201008 Principal Structure 201015 Side Yard Setback 6/9/2010 Approved Tuesday, July 06, 2010 Page 2 of 2 -154- 4/28/2010 Withdrawn NENA SKA TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 14, 2010 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT JULY 2010 REPORT Public Works Operations: Alaska DOT will be striping City streets soon as part of an informal services agreement they have with the City. ADOT is also providing a three day advanced grader operator training which will include three City operators. This will include classroom as well as two days of field training. Streets Department assisted in setting up for Dip net season by installing additional signage, rebuilding a beach access road on North Beach for the Set Net Fishery, setting various toll booths and barricades (for toll booth protection), grading roads and parking lots and used by the public for the fishery, applying dust control where needed, adding gravel to the South Beach Cannery Road entrance. Capital Projects Manager is supervising drilling of water wells and testing of the aquifer in the vicinity of Well House #2 with the assistance of the Water Sewer Department. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010; Project is underway with Alaska Road Builders as the general contractor Wince Corthell providing Construction Management services. Change Order Four is being approved which will (1) provide for the complete painting of runway 1L -19R and other markings and (2) make a grade change to the apron and neighboring lease lot facility improvements on the south portion of the runway which will be beneficial for future development of this part of the airport. Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access) The Alaska Department of Transportation sent the 'Authority to Advertise' for the construction of the HEA Access Road Baron Park Lane project to the Federal Highway Administration on July 1 Their action is required to release the federal construction funds and is expected by mid -July. The earliest a Notice to Proceed could be issued to a contracttorfol!owing the bid process would be mid- September. This date would be contingent on the contractor meeting all pre- construction requirements. Historical Cabin Relocation Project. The City held a dedication ceremony at the cabin site following the Fourth of July Parade. Fencing is being installed by a contractor. The cabins are slowly being furnished through donations. Kenai Recreation Center Gvm Lighting Replacement. The project will remove all existing HID gym lighting and install 24 more energy efficient fixtures in the existing ceiling openings. The project will also include replacing the existing lights in the two racquetball courts nearest the lobby. Construction is underway by Kachemak Electric. Fourth Avenue Culvert Replacement This project is funded by a grant to the Kenai Watershed Forum will replace a failing culvert on Fourth Avenue. This failed culvert is inhibiting the passage of fish. The design and construction management will be provided by Nelson Engineering. The City has funded Additive Alternate One which will extend a 10" water main down Spruce Street and replace an existing 2 ,4' service line that services two apartment buildings. This project continues with Foster Construction as the contractor. Small Projects: Kenai Visitors Center: City is still considering a window treatment system that will help protect exhibits from UV light and also window blinds in certain windows. Recreation Center: Damage to the gym walls have been repaired, worn out floor mats are on order. Senior Center: Randy's Glass is repairing leaking windows and replacing windows that have lost their seals. Fine Arts Center: Dam Roofing is repairing the roof. -155- he cit of KENA ALASKA POLICE DEPARTMENT MID -MONTH REPORT —156— June 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 7/14/10 SUBJECT: Police Communications Department Activity June 2010 Police handled 657 calls for service (about the same as June 2009). The Communications Center received 263 emergency 9 -1 -1 calls (165 from cell phones), Approximately 2,780 administrative calls were processed by Communications personnel. Officers made 46 arrests and wrote 324 reports. Traffic enforcement resulted in 108 warnings, 23 speeding tickets, 32 seatbelt tickets, 7 citations for equipment violations, and 28 citations for "other" traffic violations. There were 6 DUI arrests (all misdemeanor). Police investigated 15 vehicle crashes (8 injury crashes). One of the crashes was DUI related. Two crashes involved moose, and another involved a caribou. There were multiple bear incidents reported to the Ken& Police Department, mostly at the end of the month, due to a sow and two cubs getting into garbage. As a result, police officers and seasonal officers made the bear problem a priority (working with Fish and Game and residents). Officers continue to work Click it or Ticket and DUI overtime patrols (reimbursed to the City by the Alaska Highway Safety Office). As of June 30, Officer Hershberger has completed one year with his assignment to the AST, Bureau of Highway Patrol. thca�af KENAV SKA STRAY Dogs Cats Other Species RELEASED BY 0 Dogs Cats Other Species D.O.A. Dogs Cats Other Species Borough Animals Total Dogs Total Cats Total Other Species TOTAL ANIMALS 118 ANIMAL CONTROL MID MONTH REPORT June 2010 2010 2009 2010 2009 70 73 ADOPTED 58 33 55 45 Dogs 35 13 15 28 Cats 22 20 0 0 Other Species 1 0 R 41 29 CLAIMED 16 31 11 17 Dogs 11 26 29 12 Cats 5 5 1 0 Other Species 0 0 7 25 EUTHANIZED 37 37 4 10 Dogs 20 22 0 2 Cats 17 15 3 13 Other Species 0 0 53 21 70 72 44 4 4 13 127 Other Disposition 0 4 Field Investigations Volunteer hours Total phone calls Kennel Permits Community Involvement Projects: 6/2/2010 6/30/2010 Peninsula Central Health Services brought 5 crews of young people for shelter chores and animal care education. 6/3/2010 -6/30 /1010 Career Skills Institute sent us two state funded trainees for 24 to 34 hours per week of Animal Control work. -157- 110 78 103 76 651 581 0 0 ena i Municipal Airport Airport Manager's Report For July 2010 Airport Projects: Taxiway F. G, H Lighting, Grading, Drainage Improvement: Closeout document is complete and at the FAA office. Apron Rehabilitation: Work is progressing on the west side of the apron with paving almost complete. Efforts will now turn to the east side of the apron and in front of the terminal. Things are going well with the tenants and other airport users. KMA Proposed Float Plane Basin Facility Improvement Project: The comment period for the draft Supplemental Environmental. Assessment ended. Two comment letters were received. The letters were reviewed and responses mailed. The FAA concurred with the response letters. The final EA document is being reviewed by the FAA. Caring for the Kenai Airport Bird Dog: For the month of June, `Rose" was used 52 times and hazed approximately 1100 seagulls. The first week of July, Rose continued to haze seagulls plus 2 sand hill cranes. She was very effective with the cranes which left airport property. Fish Haul Permits: Snug Harbor in addition to Salamatof Seafood and Universal Air has been issued a fish haul permit for this summer. In -house Airport Projects: Staff is very busy with grounds work around the terminal and mowing on the field. The airport has received many compliments about the new banners and suggestions that we purchase more. 2010 -06 -158- ERA GRANT Chang KENAI Combined Month AVIATION AVIATION Total 2009 from AVIATION Month Total 2009 �j 4.466 1,797 6263 6,824 -581 129 6292 Februa =Ma 1,605 5.976 5,971 5 110 6,057 4,787 2,023 6,810 6.029 781 116 6 926 A. ril 4,366 2,018 6,384 5,804 580 126 6,510 4,556 1,922 6,478 6,611 -133 198 6.676 June 4,879 2,126 7,005 6,857 148 202 7.207 9,612 Au.ust MIMI 9,153- Se.tember -.111111111111 O ctober -11111111111111 6,919 111.11.1- November 1111111.11111 6.714 December MIIIIMMININIE 6,260 MEI Totals Elia 11,691 38,916 84133 672 681 39 788 $22,500 $20,000 $17,500 $15,000 $12,500 $10,000 37,500 35,000 $2,500 LeYtc" 1 30. Attesraicir a6 Airport ERA 4,879 June FY09 $12,725 FY10 $14,073 69.65% pro Terminal Vehicle Parking Revenues anar Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun -159- June 2010 7,005 FY09 m FY10 EVi uni cipai Airport Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Total Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER FLOAT PLANE BASIN ACTIVITY 2006 -2010 Slips Rented Private Commerical OPERATIONS 2010 0 109 170 279 2009 2008 2007 2005 0 0 0 0 118 66 0 99 190 118 72 151 242 242 178 265 278 192 221 251 146 119 173 136 68 48 30 51 Closed Closed Closed Closed 1042 786 674 not reported FUEL SALES 2010 2009 2008 2007 2006 $521 $368 $561 50 $0 52,027 52,714 53,443 5988 $909 52,815 53252 52,660 53,138 53,390 $3,506 52,721 $2,023 52,498 51,735 52,493 52,051 5642 5100 $162 5297 2,548 $12,69ti 24 r4 8 7 0 -160- Rev 6/2008 Rick Koch From: Rick Koch Sent: Thursday, July 08, 2010 10:36 AM To: 'Barry Eldridge; 'Bob Molloy; 'Hal Smalley': 'Joe Moore; 'Mike Boyle'; Patricia Porter; Ryan Marquis Subject: FW: Bonding capacity limitations Hi Everyone, The following should answer the question regarding the City's bonding capacity which was raised at the July 7, 2010 meeting. Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 From: Terry Eubank Sent: Thursday, July 08, 2010 10:17 AM To: Rick Koch Subject: Bonding capacity limitations Rick, I discussed with both Craig Chapman and Tom Klinkner, Mr. Smalley's comment regarding conduit financing affecting the City's bonding capacity. Per Craig, his comments were regarding IRS regulations that limit the annual issuance of conduit financing by an entity. These limitations vary based upon the type of project and the conduit financing recipient. I suspected, and confirmed with Tom, that the ARRA program we are using is exempt from traditional IRS regulations. Limits in place regarding the ARRA programs are through the volume cap allocations. These are the allocations we have requested and been granted by the Borough. Participation in the ARRA programs in no way affects the City's bonding capacity or ability to participate in other types of conduit financing. Terry 1 -161- MEMO: m ale with a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: July 13, 2010 SUBJECT: Central Heights Roadway, Lighting Stormwater Improvements Professional Design Services The purpose of this correspondence is to inform Council that a purchase order in the amount of $14,400 has been issued to Nelson Engineering for the above referenced project. This design component (phase 1A) will include a survey to determine the existing conditions, as well as geotechnical analysis to determine the quality and suitability of the underlying soils. The source of funding for this project is a State Grant for various City improvements. By accomplishing this engineering work this season we will be able to determine scope and costs for potential improvements in Central Heights. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. NELSON ENGINEER NE June 29, 2010 Rick Koch, PE, Cad /Manager City of Kenai 210 FideIgo Avenue Kenai, Alaska 99611 Dear Etta, Koch, CONSULTING ENGINEERS 155 BIDARKA STREET (907) 2833583 Phase it Final Design, Bidding and Construction -163- STRUCTURAL CIVIL ENVIRONMENTAL KENAI, ALASKA 99611 FAX (907) 263 -4514 RE: Central Heights Roadway, Lighting and Stormwater System Improvements. Proposal My proposal to provide professional engineering services for the Central Heights Roadway, Lighting and Stormwater System Improvements, design and inspection, is attached. V have assembled a team that believe will most efficiently complete this project for the City, Project Description The City would like to replace the existing asphalt pavement and lighting system in the Central Heights neighborhood. The improvements were constructed in the early 1970's and are approaching the end of their design life. The asphalt is deteriorated and drainage conditions are poor. The street lighting system is a two wire' system, that is not properly grounded by today's standards and it is difficult to maintain properly as a result. Scope of Work Our work will include design and construction contract administration /inspection services. Design of the projects will be completed in two Phases. Phase I- Preliminary Design Phase I will consist of performing a geotechnical investigation, topographic survey and preparation of base maps. The geotechnical investigation will consist of drilling up to 16 test holes throughout the Central heights subdivision. Holes will be drilled to depths of 10 feet and will be logged. The purpose of the investigation will be to discover the general classification of soils in the project area. The topographic survey will be used to determine existing drainage patterns in the Central Heights subdivision. The topographic survey will record existing street pavement, poles, pedestals mailboxes, driveways, signs, water and sewer utilities, parking pullouts, location of underground utilities (gas, telephone, power, CATV) and location /elevations of existing garage floors. We will prepare base maps showing the topographic information along with property lines. Maps will be prepared on 22 "x 34" plan and profile sheets at a scale of 1" 20' horizontal and 1" 5' vertical. The topographic survey information will be analyzed in order to determine conceptual drainage improvements. Consideration will be given to limiting improvements to surface drainage such as slightly elevating road grades, constructing swales along the road and elevating road grades to improve surface runoff though the subdivision. Reconstruction and/or lowering of the culvert(s) through drainage easements will be considered. Preliminary design of a new underground storm drain system will be considered also. Preliminary design concepts will be presented at a public hearing, along with preliminary cost estimates so that the public will have a chance to weigh in on their concerns with the drainage and their willingness to pay for various drainage improvements through a special assessment. Central Heights Subdivision Street, Lighting and Drainage smprovemen Page 2 of 2 We will revise the drawings to include improvements_ selected by the City based on input from the Public Hearing. Drawings and specifications will be prepared suitable for competitively bidding the project. Construction Contract Administration and Inspection VVe will provide construction contract administration services from bidding phase through completion of construction. Our services will include full time project inspection to verify that the project is constructed in accordance with the contract documents and design intent. Team Members I have selected the following consultants assist in completing this project for the City: Firm Task Whitford Surveying Design survey /easement descriptions Hay- Zeitlow Associates Electrical Engineering Schedule We will prepare a bid package for the project so that it can be bid in March, for construction next summer, Fee I propose to perform the engineering services for the design and inspection for a not to exceed fee of $206,770. A breakdown of proposed services is included in the proposal. Insurance Our firm currently maintains $1,000,000 professional liability insurance, Sincerely, Wm. J. Nelson, PE -164- 1 i 1 D=.isth Dt ion. 832,140 Tir:=1=== PrD=cirr 3 [DE i $85 1 1 1- 15-115 1 Erperkst: I Rate/h{ $150 8125 Phase 1 Design Field Survey 4 8 86,400 4. 84 000 [Drilling/Lab 1 Whitford Geotechnical investigation t I It I 40 t 4 i 40 1 20 l Base Map-Plan/Profile (7 Sheets) Drainage Concepts 4 40 20 I L i i Public Hearing 4 l P t 4 i i 16 92j. 40 ll 40 0 810.400 $68,050 Phase 2 Design JL 8 160 I 1 Design Streets t 80 1 Electrical EngineelSiitg i 8 i 24 40 20 20 20 i 86,500 t, I-13A (Electrical) t 4 Design Storrs Drain t Design Parking Lane 1 8 1 40 1 4 1 1 I Design Sidewalk t 8 40 Scs/Bid SchedulefEstianate 8 40 I E i L I f 1 u 1 40 i, 344 i 140 0 0 86,500 fr 883,480 I nspectum Admit 40 1 Submittals/DCR's t 16 40 t J Inspection (3 no) 32 128 528 t i Testing (Compaction) t i $4,000[Lab 1 1 t I 0 1 l 1 .5 o I 1 881 168 I 528 0 1 54,000 1 I f Taal Fee) 3183,7811i W/ ortarktat4 322,990. I 1 Expenses Central Hera Stn to= Li din and Ptak eft 54c Pia,p Dr P (ItL P4 ar =11 Drain Ln roveratents 4' 3 40 0 '4 zoo -165- total Fet Expensest 8206,7 1. 2. 3. INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 21, 2010 7/21/2010 Purchase Orders Between Budget Transfer in Capital Projects in excess of 2,500 and $15,000 for council review. 5,000. 7/13/2010 J. Clark, Executive Director, Boys Girls Clubs of the Kenai Peninsula letter with Quarterly Report and Quarterly Reimbursement Request. 4. 7/13/2010 M. Bondurant, Airport Manager Memorandum related to Airport Capital Improvement List FY2010- FY2016. w a.. t 0 -J 0 Z O 0 U W 0 0 0 0 00 e- 0 0 o O o r 1n iV Z T Z N z n W, CO LL to O C7 01 2 O w 1.14 2 GO n Z U a 0 0 o 0 0 0 0 0 O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O 0 0 o 0 0 0 O O O O O O 0 O O O O O D O O 0 0 Pc O O O O O O O O Q O o N 6 6 O 0 6 O O O t 0 O ti O O 6 0 6 N 6 6 0 6 6 1-.: o V !Y i'. N h O M 0 0 0 0 S O 0 0 0 0 0 O O O 0 O O O 00 0 0 O R Ni. 1 M h v1 CO mc u'i N ui 0) to c 1fl M M C O W' M cD o R ck in 't Ci J ix z ga 4 a 4 2 a W o W m CO CO Q CO f- a J J J C Q 0 1- O tY m X 0 0 m 0 0 m CD 0 0 -167- Q z z w h a w 0 z 0 z r w OD J K CC CC -71 a iT 1. 1 Y I— I- 0 0 IX M LL 0 0 0 to cc 0 QO Q o Q oo o CO CD 00 00 LO tp or CV Ci t co U a w CC U J 0 0 -168- To: Mr. Koch, City Manager, City of Kenai Fr: James A. Clark, Executive Director Re: Attendance data per grant requirement- Final Report Date: 13 July 2010 Mr. Koch, Thank you once again for your continued support for the Boys Girls Clubs of the Kenai Peninsula. The City of Kenai's support for our youth during this difficult time is greatly appreciated by all staff as well as the members we serve. Listed below is the information that was requested by the council for receipt of this grant. Attendance data was collected from daily sign -in sheets and home location was collected from our database. 210 different members attended the Kenai Club from April l June 30 2010. 169 of those members live within the City of Kenai (80 41 of the total attendance live outside of the City of Kenai (20%) There were a total of 3421 visits during this reporting period. If you have any questions or concerns regarding the information provided above, please do not hesitate to contact me. Thank you again for your support to the youth of Kenai. Together we are providing a positive place for kids and teens! Sincerely, A. Can. ti James A. Clark Executive Director Boys Girls Clubs of the Kenai Peninsula -169- BOYS GIRLS CLUBS OF THE KENAI PENINSULA Programs Office 705 Frontage Road Suite B Kenai, Alaska 99611 907.2832682 907.285.8190 Fax positivapla ceforkids.com Club locations Homer Kenai Kenai Teen Center Nikiski Seldovia Seward Soldotna Board of Directors Mike Navarre, President Kelly Bookey, Vice President Bernie Smith, Secretary/Treasurer Peter Micciche, Past President Margaret Anderson Jim Montgomery Camille Sorensen Indy Walton David Ross Cornerstone Contributors 3nO I h S by TBnitted aY The Positive Place For Kids d 0 a W chi E y C C w 7 N u .0 06. 0 E 0 V {Q N 'Y K 'C 0) T. p a 5 Q 0 0 m N N 0 0 M N la M 0) 0 6 0 000 O 000 co N Q O CO N N C 40 A r01 N UJ 0 0 CO CO CO N I N N NI )O N v o0 or m oven D v 7 m 0 O O v 0m0 co O c: co, R t 0 a LO O 1- M O N N 0 O O m 0 0) r 0 0 N CO 0 N M ti N ton CO m r N 0 0)r 0 0 NN N retry 0) 10 a 1 tO OM -N -170- P n m N 01 0. Boys Girls Clubs of the Kenai Peninsula Name of Organization (Grantee) Kenai, Alaska 99611 City, State (A) GROSS SALARY (B) BENEFITS (C) CONTRACT (D) TRAINING (E) EQUIPMENT (F) SUPPLIES (G) BULLDING COST (H) TELEPHONE (1) POSTAGE (J) OTHER EXP. TOTAL: Executive Director Signature BOYS I OF THE KENAI PENINSULA Quarterly Reimbursement Request (April l st June 30th, 2010) $10514.34 $0.00 $0 $0.00 $0. 00 735.66 0.00 0.00 0.00 0.00 11.250.00 City of Kenai Grantor r 3 7vAy 2oio Date: NOTE: This is a quarterly reimbursement request. Please remit upon receipt of this request. Attached are the required financial details as well as the requested number of users of the Kenai Boys Girls Club. If you have any questions on this request, please call the finance department at 283 -2682. Thank you! -171- Name of Employee Kim Dent Position Unit Director Quarterly Gross Salary (A) $10,514.34 100% of salary charged to grant TOTAL GROSS SALARY CHARGED TO GRANT $10514.34 Employer Taxes Contributions $2877.71 of benefits charged to grant (B) 25% TOTAL BENEFITS CHARGED TO GRANT $735.66 t� YS at GIRLS CLUBS OF THE KENAI PENINSULA Quarterly Reimbursement Request (April 1 June 30th, 2010) (A) (B) GROSS SALARY AND BENEFITS TOTAL GROSS SALARY TO BE CHARGED TO THIS GRANT: $10,514.34 TOTAL GROSS BENEFITS TO BE CHARGED TO THIS GRANT: $735.66 -172- enai %4nicipai Airport Memo The program will be forwarded to the FAA office. Attachment Lvug-f te4 rea: w Kenai/Pentnaular 305 N. WILLOW ST. SUITE 200 KENA1, ALASKA 99811 TELEPHONE 907-283-7951 FAX 907-283-3737 www.ci.kenai.ak.us. -173- To: Rick R. Koch- City Manager From: Mary Bondurant Airport Manage Date: July 13, 2010 Subject: Airport Capital Improvement List FY2010 -FY206 Attached is an updated Airport Capital Improvement Program for the years 2010 through 2016. This list consists of planned projects eligible for Federal AIP funding from FY2010 through FY2016. These projects must be in the Airport Master Plan, Supplemental Planning Assessment, and on the FM approved Airport Layout Plan. The program was revised based on the work session discussions of May 14, 2010 with Airport Commission, City administration, and Wince- CorthelkBryson. The work session evolved due to the planned float plane basin development costs and the expansion of the northeast apron with lease lots off of Willow Street. At the July 8, 2010 Airport Commission recommended Council approve the updated program. Year Project Assumed Entitlement Funds Project Funds Required (est) FAA Entitlement Funds Utilized Assumed Discretionary Funds State 2.558 Contribution Airport 2.558 Contribution Entitlement 8aiance Additional City Provided Utilities 1 2010 Master Plan Document $1100,000 5483,726 $459,540 50 512,093 512,093 5640,460 2010 Phase] F13984 EA Ors, Design, Obi &leasing Design $238.747 5226,810 50 $5,968 55,969 $413,650 A 2010 99' 35 obstruction clearing 5130,000 5142,500 50 53,750 53,750 5271,150 2010 Totals 5872473 5828,850 521,811 521,912. 2011 596 Loader, Grader, Broom 51,100,000 51,065,000 50 51,011,750 526,625 526,625 $1,371,150 2011 AeronautiwlSurvey AGI5 Base Map 5257,440 50 5244,568 56,436 56,436 2011 USDA Ha1artlous Wildlife Assessment 5115,000 50 3109,250 52,875 52,875 2021 bey Ph 1 FEB Tv, 5& ry57195, 4th Ave Realign Lease Int5 52,537,097 52,410,242 50 563,427 553,428 5478,131 565,000 2011 Totals 53,974,537 52,410,242' $1,365,568 599,363 599,364`, 2012 Design Ph It FPB Tw 5 V (Undid) 51,100,000 5139,438 5132,466 50 53,486 53,486 51,445465 Dev Ph II- FPB 2012 Service Rd 2 Revetments 51,233,065 5967,534 5203,877 530,827 530,827 5478,131 2012 Totals 51,372,503 51,100,000 5203,877 534,313 534,313 Bev -Ph 11 FPB TwS 2013 V iUnctid) 5100,000 $2,533,119 51,100,000 51,306,463 563,328 563,328 5146,000 2013 2013 Design GA Parking bil_LBEH Rehs74 5157,000 50 5149,150 53,925 53,925 EA Design NE Aaron Willow St 120056. 5325,000 50 5308,750 58,125 58,125 2013iatigi 2014 IOev 700' NE Apron Willow St. iyr S3 81194 8l$16S 51,100,000 $2,740,000 52,603,000 50 $68,500 568,500 bey- GA Parking 2014 Tw A G,H Rehab 52,685,000 1 50 5 2,550,750 567,125 567,125 Design Terminal 2014 Rehab 5609,201 5576741 53181741 50 0 50 515,230 5150815 $48.736 515,230 548,736 2015 2016 2914YataIs 56,034201 1 Dev Terminal Rehab 51100000 51,949445 51851,973 2015tptsts 5`2,999 %18554928. 54,678,003 S9;; 548,7,75 SAB, ^r 5123,106 Oev Ph 11- Terminal Rehab �.201670Iais 54,924,214 50 5123,105 54, 34,214 -$4768;0 _5q ii'i "$123,105 AIP Program Revised 7 -1 -10 -174- CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JULY 21, 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. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 2. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of S 196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 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: July 22, 2010 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of $196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 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. 1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. Carol L. Freas, City Clerk Posted: July 16, 2010 a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. NOTICE OF PUBLIC HEARING JULY 21, 2010 CITY OF KENAI COUNCIL MEETING AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www. c i. k e n a i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Sarah Souders Beekeeping in the City of Kenai. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitfed "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery industrial, LLC (CM!) for a Wheel Loader for the Total Amount of $196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000. 3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by 518,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. 6. Discussion Airport Access Permit 7. Discussion Funding and Developing a Plan /Covered Parking at Vintage Pointe. 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 Fidaigo Avenue, or visit our website at http: /www.ci,kenai,ak.us. Carol L. Freas, City Clerk D/211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day i the issues on the following dates: July 19, 2010 PUBLISHER'S AFFIDAVIT SUBSCRIBED AND SWORN to me before 20th a of July 2010 a x(2_00 NOTARY Mit State of Alaska. My Commission exp C in favor for the 26- Aug -12 SS: AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ctkenai.alcus ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Sarah Souders Beekeeping in the City of Kenai. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1- Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 2, Ordinance No. 2497-2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 3, Resolution No. 2010.44 Awarding a Bid to Construction Machinery Industrial, LLC (CM') for a Wheel Loader for the Total Amount of $196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 5. Action /Approval Utility Easement/City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. 6. Discussion Airport Access Permit 7. Discussion Funding and Developing a Plan /Covered Parking at Vintage Pointe. 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 D320/211