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Home My WebLink About2010-10-06 Council PacketCOUNCIL MEETING DATE: MAKE a8 PACKETS COUNCIL PACKET DISTRIBUTION Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department Projects Manager Finance Airport Attorney City Manager Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt AGENDA DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or bbell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. 0 9 cc —1 <0 2 2 0 0 o_ 3 0 —J 0 -rn egt"'•:. W W —J 1 00 03 0— 11 0 0 0 LIJ 0 IJJ 0 o_ OCTOBER 6, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: REMOVE: Item D -3, Resolution No. 2010 -4 (to allow for several corrections and identification of corrections /changes. CITY CLERK REPLACE: Item G -1, Amended Purchase Orders Over $15,000 ADMINISTRATION ADD TO: Item G -7, Discussion /Absentee Voting Procedures Memoranda Of City Clerk Freas and City Attorney Stearns CITY CLERK None. CONSENT AGENDA ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (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: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: 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.) 1. Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC) 1 2. Resolution No. 2010 -54 Rescinding and Replacing the City of Kenai Retention Schedule 2 3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an. Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska 27 4. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of $122,000.00 30 5. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012 32 ITEM E: MINUTES 1. *Regular Meeting of September 15, 2010 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 65 3. *Ordinance No. 2514 -2010 Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non Metallic Cable in Type III, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 52 2. Approval of Purchase Orders Exceeding $15,000 66 77 4. *Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by 53,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use 82 5. Action /Approval Vintage Pointe Insurance Settlement Release 92 6. Discussion /Action Reschedule November 17, 2010 Council Meeting 99 7. Discussion Absentee Voting Procedures /Inconsistencies in City Election ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 101 2. Airport Commission 3. Harbor Commission 106 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 111 7. Miscellaneous Commissions and Committees a. Beautification Committee 117 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 1. City Manager 122 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker 2. Council Comments EXECUTIVE SESSION 1) A matter, the immediate lmowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). 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.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 1. 10/6/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 127 2. Budget Transfer in Capital Projects in Excess of 3. 5,000 Page No. 10/1/2010 Department of Commerce Community Economic Development/ 2010 Full Value Determination 128 4. Kenai Visitors Cultural Center, KCVB Quarterly Report Second Quarter 2010 129 5. 9/24/2010 M. Kebschull memorandum related to KMC 14.20.260, Administrative Fines 137 uy et KENA� SKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,300 IN THE GENERAL FUND FOR POLICE FORENSIC EQUIPMENT REIMBURSEMENTS FROM INTERNET CRIMES AGAINST CHILDREN (ICAC). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and, WHEREAS, the regional coordinator for ICAC has agreed to reimburse the City of Kenai up to $3,300 for the purchase of computer forensic equipment that will assist investigators in crimes against children cases; and, WHEREAS, the equipment was not budgeted in the FY 11 budget; and, WHEREAS, the Police Department is requesting appropriation of $3,300 to the General Fund, Police Small Tools account to cover the costs of the investigative equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police Federal Grants ATTEST: Increase Appropriations: Police Small Tools Carol L. Freas, City Clerk I) Approved by Finance: CITY OF KENAI ORDINANCE NO. 2513 -2010 PAT PORTER, MAYOR Suggested by: Administration $3,300 $3,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October. 2010. Introduced: September 15, 2010 Adopted: October 6, 2010 Effective: October 6, 2010 KE AL ALA KA MEMO: "Villaye with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 V j TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief /-`o DATE: 9/2/10 SUBJECT: Request ordinance appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAC) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC). ICAC is a network of law enforcement agencies who investigate Internet crimes against children. Participating agencies also provide awareness and prevention education in the community. The ICAC regional coordinator in Anchorage has agreed to reimburse the Kenai Police Department up to $3,300 for computerized investigative equipment that will assist officers of the Kenai Police Department as they investigate crimes against children cases. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC equipment and training. The Kenai Police Department has received equipment and training reimbursements from ICAC on multiple occasions in the past. The investigative equipment to be purchased was not budgeted in the FY11 budget. I am requesting an ordinance appropriating $3,300 into the General Fund, Police Small Tools account to cover the costs of purchasing the equipment. ICAC will reimburse the City of Kenai upon proof of purchase and receipt of the equipment. with a Future" wamaw, '111! 1992 we 4 .,a KEN ALASKA CITY OF KENAI RESOLUTION NO. 2010 -54 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, RESCINDING AND REPLACING THE CITY OF KENAI RETENTION SCHEDULE. WHEREAS, the current City of Kenai retention schedule has become obsolete due to changes, additions and corrections; and, WHEREAS, as directed in KiMC 10.30, it is appropriate to replace the current retention schedule with current grant, statute, and departmental provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the current City of Kenai retention schedule is rescinded and replaced by the retention schedule delineated on the following pages identified as "Attachment A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. AT TEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR CITY OF KENAI RECORDS RETENTION SCHEDULE AIRPORT OWNER AIRPORT MANAGER Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CY CURRENT YEAR P :PERMANENT RECORD V VITAL CODE OF FEDERAL REGULATIONS AIRPORT TERMINAL LEASES CY +2 Digital Depa,tenent Policy GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until. Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Retain until Obsolete, Superseded or Administrative /Management need is met. DEPOSIT RECONCILIATION RECEIPTS CY Paper Department Policy PARKING ENVELOPES CY Originals Depamnent Policy PERSONNEL TRAINING FILES Destroy 1 year after employment ends Paper Department Policy RESOLUTION NO. 2010-54 ATTACHMENT A PAGE1 CITY OF KENAI RECORDS RETENTION SCHEDULE ANIMAL CONTROL OWNER POLICE LT. Record Series Title Retention Disposition Archival Media Citation/Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL ANIMAL CONTROL FILES May consist of the following: animal complaint notifications /citations, description of animal, notification to owner, certification of ownership, owner claims, release of animal data, dog bite reports and statitistical reports. Also spay /neuter, euthanasia, vaccination, patrol, and abuse /cruelty information. 3 Years Paper Per State of Alaska Local Government Records Retention Schedule. GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, e cial conditions, fiscal reports, closeout _acuments, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal. Audit is completed. or 3 years after grant closeout, whichever is later. Paper Department Policy LICENSING INFORMATION 3 Database Depat twent Policy RABIES INFORMATION 3 Years Database Depaz tment Policy RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 2 CITY OF KENAI RECORDS RETENTION SCHEDULE CITY MANAGER OWNER CITY MANAGER Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATE II: CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL CONFIDENTIAL EMPLOYEE 30 Years after Termination Paper All employee files are permanent and upon termination, the file is to be scanned and the imaged file becomes the permanent record copy. The paper copy is to be shredded. MEDICAL FILES GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain. until Federal Audit is completed or 3 years after gram closeout, whichever is later. Paper Department Policy CURRENT PROJECT FILES CY Paper Retain until obsolete, superceded or Administrative/Management need is met EQUIPMENT FILES: Equipment contracts and manuals Until Equipment Retired Paper Department Policy JANITORIAL CONTRACTS: Related information for City Hall and Visitors Center CY Paper Department Policy LAND LEASE FILES CY 2 Digital Department Policy LAND SALE FILES 7 Years Digital State of Alaska, Local Government Genreal Records Retention Schedule, Schedule Number 300 OCCURANCE /ACCIDENT REPORTS: Applies to all accidents or injuries involving City Property or City Personnel CY +2 Digital Note: Injuries to employees are placed in their confidential medical files PERSONNEL FILES Recruitment (for Department Heads 2 Years Paper Supervisor's Handbook Grievance Issues CY Paper Employee Termination. READLNG FILES CY+ 3 Paper Depaiuuent Policy RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 3 CITY OF KENAI RECORDS RETENTION SCHEDULE CITY CLERK OWNER CITY CLERK Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF CODE OF FEDERAL REGULATIONS ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR YEAR P PERMANENT RECORD V VITAL CY CURRENT ALCOHOLIC BEVERAGE CONTROL Liquor License Applications Information 4 Paper Biemuallicenses GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper AS 29.20.010 KMC 6.05.280 CENSUS Retain until obsolete, superceded or administrative /management need is met. AS 29.60 CITY SEAL P IMMISSIONS .OA 1 .sport Commission, Parks Rec. Commission, Harbor Commission, Beautification Committee, Council on Aging, Library Commission and Planning Zoning Commission. Correspondence 2 years Paper Office Policy Agenda /Minutes P digital Packets P digital Membership P Paper Tapes /CD Planning Zoning Commission 6 years Tapes /CD Office Policy Tapes /CD Lesser Commissions Committees 2 years Tapes /CD Office Policy OATHS OF OFFICE Oaths of office may include oaths for Depai tuient Heads, City Attorney, Clerk. P Paper/Digit al AS 29.20.600 LOCAL IMPROVEMENT DISTRICT /SPECIAL ASSESSMENT DISTRICT (Includes petition, con copies of resolutions, notices, etc.) P Paper/Digit al RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 4 COUNCIL Includes Council Meetings Work Sessions. File sets may include notice of meeting, affidavit of publication, sign up sheets, workpapers, written testimony, exhibits and audio /visual materials. Meeting Notices P digital., microfilm Meeting Packets P Paper, digital, microfilm All packets retained digitally. Paper copies retained 5 ears. Membership P Paper Audio Tapes /CD 6 years Tapes /CD Oaths of Office P Paper Resolutions P Paper, digital, microfilm Resolution index P digital BOARD OF ADJUSTMENT HEARINGS P paper(6 years), digital, microfilm All packets retained digitally. Paper copies retained 5 years. ELECTIONS Ballots 1 year unless contested AS 15.15.470 ICMC 6.05.280 Certification/Canvas Board 4 years Financial Disclosure Statements 6 years Precinct Maps P 1 year after election is certified or until superceded, whichever is later. Registers 6 years Nominiation Petitions /Declaration of Candidacy 4 years AS 15.25.030 KMC 6.05.280 Contested Election Data 1 year 1 year after election certified (State Retention Schedule) Voter Ballots (Completed, Challenged, Rejected, Absentee Special Needs 1 month after election certified Certificate of Election Returns (Regular Special. 1 year DO) Preclearance Records P Paper, digital Dept. of Justice Recount Petitions 1 year 1 year after election certified (State Retention Schedule) Election Officials' Records May consist of recruitment materials, interest letters, training notes, acceptance forms, oaths and mileage reimbursement requests. Includes absentee voting officials' documentation. 4 years INCORPORATION RECORDS P Paper, digital ORDINANCES CODES Index P Ordinances Codes P AS 29.20.380 RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 5 PURCHASE ORDERS CY Paper READING FILES 1 year Paper ?CORD DISPOSAL LIST P ,RMITS May include Mobile Food Vendor, Itinerant Merchant, Private Detective or Vehicle -for- Hire, 2 Paper City Policy CEMETERY P City Policy MEMORIAL PARK P City Policy T -33 STATIC DISPLAY Documentation related to display at Airport Way and Willow Street intersection. P digital USAF Agreement Loan Agreement CY 2 paper PERSONNEL ARBLTRATION PANEL 6 years after decision GAMING PERMITS MINI -GRANT CORRESPONDENCE /AWARD FILE RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 6 CITY OF KENAI RECORDS RETENTION SCHEDULE FINANCE OWNER ACCOUNTANT Record Series Title Retention, Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YL+.AR P PERMANENT RECORD V VITAL ACCOUNTS PAYABLE GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper V Department policy Requisitions and purchase orders 2 years Paper V Department policy ACCOUNTS RECEIVABLE May include Caselle reports generated for accounts receivable billing (transaction register, invoice register transaction summary, aging report, accounts receivable by category, general ledger update); may include Caselle reports generated for water and sewer billing (billing register, aging report, accounts receivable by service, transaction register and transaction summary, billing usage summary, customer deposit report, rate table summary, general ledger update). 3 years Paper Caselle V Department policy DEPARTMENTAL DEPOSIT RECONCMIATIONS CY Paper Retain until audit for corresponding year has been certified. AMBULANCE BILLINGS 5 years Paper V Department policy ASSESSMENTS 5 years Paper V Department policy AUDIT REPORTS P Paper Departiuentpolicy BANKING RECORDS Consists of records of bank transactions for revenue and payments and may include: bank statements, bank reconciliations, cancelled checks, voided checks, deposit slips, wire transfers, transmittal. of Direct Pay water and sewer files, savings account data 3 years Paper Retain 3 years provided an audit or other annual financial statement has been certified. payment debt service payments, signature authorizations. etc. BOND RECORDS 20 years Paper Retain 20 years after issue called. BUDGET, FINAL APPROVED 5 years Paper V ...re—.... I -10- ON NO. ZU1V -D4 ATTACHMENT A PAGE 7 BUDGET WORK PAPERS Documents used in the development of the y's annual budget prior to presentation to Council. CY Paper Auditors have past years of budget work papers. CHART OF ACCOUNTS 3 years V FINANCIAL REPORTS P Paper V FIXED ASSETS V Buildings Caselle Land Caselle Equipment Caselle GENERAL ACCOUNTING RECORDS May include: water and sewer stubs, dock receipts, Caselle reports (payment register, receipt register, payment update, general ledger update), dipnet parking receipt books and deposit slips, NSF checks, Landing reports, Car rental commission reports, Animal control receipts. CY 3 Paper Retain 3 years provided an audit or other annual financial statement has been certified. F ILES Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance} and correspondence. State 3 years Federal Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Per AS 09.10.053 Statute of Limitations is 3 years. JOURNALS CY Caselle Department policy LEDGERS CY Caselle Department policy METER RELATED Meter prelist, meter exception list, meter proof report, history report. 10 years Paper Caselle Department policy PAYROLL 3 years Paper Earnings and Deductions P Paper Department policy Timesheets, leave slips, overtime slips 3 years Paper Digital Department policy PERSONNEL FILES CURRENT Applications P Paper CFR 7 -850 BenefitProgram 3 years after termination Paper CFR 11-497 Performance Evaluations P Paper Couunendations, Disciplinary Actions, Educational Certificates P Paper RMINATED EMPLOYEE FILES 50 vrs. Digital All employee files are permanent and upon termination, the file is to be scanted and the imaged file becomes the permanent record copy. The paper copy is to be shredded. GISTERS CY Caselle Department policy ,.,r l „Tlnr.l r.ln IVIV IYV 6V IV J Y ATTACHMENT A PAGE 8 REVENUE SHARING Formula -based funding allocated by the State. This file may include applications, correspondence, year -end. audits/budgets. 3 years Paper Department policy -12- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 9 CITY OF KENAI RECORDS RETENTION SCHEDULE FIRE OWNER CHIEF FIRE Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Paper Deyattutent policy ARSON INVESTIGATIONS P CORRESPONDENCE CY Paper Department policy DAILY LOGS P Scanned EMS RUN REPORTS 21 Paper, Digital. A.S. 18.20.085 )UIPMENT Daily Checks Inventory Maintenance CY CY 3 Paper Department policy FIRE PREVENTION Presentations made to schools. CY Scanned Scanned as part of daily logs. FIRE RUN REPORTS 21 Paper, Digital A.S. 18.20.085 FORMS CY Paper Department poiicy INSPECTIONS Business inspections may include daycares and bed &breakfasts (every other year) City Buildings (annually) Equipment (annually) i i tet V) I Paper, Digital PERSONNEL FILES Destroy 1 year after employment ends Paper Complete Personnel files kept in Personnel Department including blood borne pathogens reports. PERSONNEL TRAINING FILES Destroy 1 year after employment ends Paper Department policy READING FILES CY Paper Department policy -13- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 10 CITY OF KENAI RECORDS RETENTION SCHEDULE LIBRARY OWNER LIBRARY DIRECTOR Record Series Title. Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD 'V VITAL COM'PLALNT FORMS CY Paper Department Policy. Older copies may be kept at the Director's discretion. GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Department Policy DEPOSIT RECONCILIATIONS Reconcilations are completed weekly and taken to Finance for deposit. CY Paper Department Policy FORMS FILES CY Paper DeparuuentPolicy FRIENDS OF THE LIBRARY Meeting summaries and associated documentation. CY Paper City not responsible for pennament record of Friends of the Library minutes. Retained as reference at Director's discretion. P Paper City not responsible for permament record of Friends of the Library minutes. Retained as reference at Director's discretion. FRIENDS OF THE LIBRARY ARTICLES OF INCORPORATION GRANT APPLICATIONS (not awarded) Application not approved or funded. Paper Retain until obsolete, superceded or administrative /management need is met. GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Per AS 09.10.053 Statute of Limitations is 3 years. GUARDIAN SECURITY CONTRACT 3 Years Paper Department Policy HISTORICAL FILES P Paper Department Policy Includes historical information related to period of time before City operated the Library -14- IVIY IY V LV IV- ATTACHMENT A PAGE 11 ')R77AN CATALOG BACKUP P Tape Backup tapes are stored offsite for security. Tapes are rotated according to established Departmental backup procedures. INVOICES CY+ 1 Paper Depat unent Head would like to keep second year since not everything is ordered every year, JANITORIAL CONTRACTS 3 Years Paper Department Policy LIBRARY COMMISSION MEETING SUMMARIES CY PDF Permanent record is kept through Clerk's office. NORTHERN TECHNOLOGY Work orders and correspondence related to computer issues. CY Paper Depamnent Policy PATRON RECORDS 3 Years Paper Department Policy Confidential per AS 40.25.140 PROJECT FILES CY Paper Retain until obsolete, superceded or administrative /management need is met. PURCHASE ORDERS CY 1 Paper Department Head would like to keep second year since not everything is ordered every year. SUMMER READING PROGRAM FILES CY Paper Retention is at Summer Reading Program Coordinators discretion as past files are referred to in preparation of current year's reading program. -15- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 12 CITY OF KENAI RECORDS RETENTION SCHEDULE LEGAL OWNER CITY ATTORNEY Record Series Title Retention Disposition Archival Media Citation/Comments LEGEND: ADEC ALASKA. DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL CIVIL ACTIONS 10 Years Paper V GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later, Paper V; AS 09,10.100 w/o disability AS 09.10.060, 3 years, AS 09.10.070, 2 years CODE SUPPLEMENTS CODE VIOLATIONS 10 Years Paper Department Policy CONTRACTS Destroy 5 years after expiration Paper Department Policy OPINIONS P Paper V PROFESSIONAL SERVICE REGULATIONS 5 Years Paper Department Policy TRAFFIC CASES 10 Years Paper Department Policy -16- RESOLUTION NO, 2010-54 ATTACHMENT A PAGE 13 CITY OF KENAI RECORDS RETENTION SCHEDULE PARKS RECREATION OWNER PARKS REC DIRECTOR Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CPR= CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL ACCIDENT REPORTS 2 Years Paper Department Policy GRANT ADMINISTRATION FILES STA'1' Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Department Policy FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. DEPOSIT RECONCILIATIONS CY Paper Department Policy EVALUATIONS CY Paper Department Policy FORMS CY Paper Department Policy GRANT FILES P Paper Retention period is according to individual grant requirements. 'E RINK RESERVATIONS CY Paper Department Policy .SPECTIONS: MULTI PURPOSE FACILITY Weekly and quarterly inspections 4 Years Paper Department Policy INSPECTIONS: PLAYGROUND Weekly and quarterly inspections 4 Years Paper Department Policy MINOR INJURY REPORTS 2 Years Paper Deparm:ent Polley PARK RESERVATION INFORMATION CY Paper Department Policy TENT CAMPING INFORMATION CY Paper Department Polic TIMESDEETS CY Paper Department Policy TRAINING: FULL -TIME PERMANENT POSITIONS P Paper Department Policy -17- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 14 CITY OF KENAI RECORDS RETENTION SCHEDULE POLICE OWNER POLICE LT. Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL ACTIVITY LOGS Service calls generated each day. P Digital Department policy GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Digital V; Scanned in with corresponding case file. CASE FILES P Digital V COMMUNICATION LOGS Daily radio logs. P Digital V CRIMESTOPPER FILES CY 2 Paper Retention period decided by Crimestopper officer according to Crimestopper guidelines (minimum 2 years). IMPOUND SLIPS Impounded vehicle documentation. P Digital Scanned in with corresponding case file. PERSONNEL FILES CY Paper Department policy PROPERTY, LOST FOUND P Digital Officer fills out form; assigns case number; scanned. ST -1 's Each individual case generated for the day. P Digital Scanned with corresponding case file. TRAFFIC CITATIONS CY Department policy -18- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 15 CITY OF KENAI RECORDS RETENTION SCHEDULE PLANNING ZONING OWNER CITY PLANNER Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL AGENDA MINUTES P Digital Permanent Originals kept in binders GRANT ADMINISTRATION FILES STATE 1 Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Digital Retain current 6 years only FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of' notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. COMMISSION PACKETS P Paper, Digital Retain current 6 years only in. paper CORRESPONDENCE 4 Years r Paper Department Policy GRANTS P Paper, Digital Retain per Grant Retention Date lPS P Paper Department Policy ATS P P Paper Paper, Digital Department Policy Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &7 files. PERMITS: CONDITIONAL USE PERMITS: ENCROACHMENTS P Paper, Digital Original signed pemnits/resolutions are scanned and kept in binders. Copies are kept with application by address in P&Z files. PERMITS: HOME OCCUPATIONS P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application. by address in P &Z files. PERMITS: VACATIONS P Paper, Digital Original signed pennitsiresolutions are scanned and kept in binders. Copies are kept with application. by address in P &Z files. PERMITS: VARIANCE /APPEALS P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. PURCHASE ORDERS CY Paper Department Policy REPORTS /STUDIES Paper Retain until obsolete, superceded or administrative /management need is met. REZONLNG P Paper, Digital Original signed permits /resolutions are scanned and. kept in binders. Copies are kept with application by address in P &Z files. SUBDIVISIONS PLATS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. PCQ ll IITlfN Kt, 71 -19- 10 -54 ATTACHMENT A PAGE 16 *Permits prior to 1995 were scanned and destroyed (excluding building permits which have been kepi by address in permanent files). Permit originals from 1995 to present are kept per above retention schedule. Files have also been copied to disks for Planner and Plaaning Assistant as well as I kept in the fire proof safe. -20- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 17 CITY OF KENAI RECORDS RETENTION SCHEDULE PUBLIC WORKS OWNER PUBLIC WORKS DIRECTOR Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CODE OF FEDERAL REGULATIONS CY CURRENT YEAR P PERMANENT RECORD V VITAL CAPITAL IMPROVEMENT PROJECTS LIST 2 years Paper GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. PROPOSED PROJECT FILES Paper Retain until obsolete or not needed REPORTS AND STUDIES Paper Retain until obsolete or not needed `.OJECT CONSTRUCTION FILES .uildings, Harbor, Streets, STP, Water, Sewer, Airport, Local Impr. Districts) Retain the following files for 6 years after the project has been completed unless permanent. Specifications w/Executed Contract P Paper As -built Drawings P Mylar /CD Easements Construction 6 years Bidder's File Bids 6 years Resolutions. Ordinances, Budgets copies 6 years Origina filed with clerk General Correspondence 6 years Requests for Engineering Proposals 6 years Engineer's Correspondence 6 years Engineers Corm-act 6 year Engineer's Invoices 6 years Engineer's Reports and Test Results 6 years Project Final Inspection/Acceptance 6 years Borough, Federal, State Agencies Correspondence 6 years Borough, Federal, State Agencies Agreements 6 years Borough, Federal, State Agencies Permits 6 years After permit expires Utility Correspondence 6 years Submittals 6 years Review to retain w /O &M for life of building Operation and Maintenance Manuals P Paper Pay Estimates 6 years Inge Orders P Paper Keep with Specifications ocent t Irtnat MC% onan -21- 54 ATTACHMENT A PAGE 18 Certified Payrolls 6 years Closeout Reports Airpon Projects P Paper, Digital EQUIPMENT SMALL PROJECT BIDS Bids 6 years Retain 6 years after completion Contract Documents 6 years Retain 6 years after completion PUBLIC WORKS ADMINISTRATION Correspondence and Memos 3 years Reading Files CY PW Staff Meeting Agendas CY Project Status Reports CY Utilities Correspondence 3 years Complaints 3 years Easements (Permanent) P Paper Job Applications 3 years Purchase Orders CY STATE OF ALASKA Correspondence 3 years 3 years Grant Applications Dip Net Fishery 10 year State Project Files 6 years Retain 6 years after completion Dept. of Labor Min. Rates of Pay 6 years Retain 6 years after completion. FEDERAL Correspondence 3 years Corps Permits Expiration 1 Corps Public Notices 3 years BOROUGH Correspondence 3 years Leachate Agreement Current Emergency Management Plan Current t 1 BUILDING INSPECTION Correspondence 3 years Codes P Building Permits P Paper, Digital Inspection Reports P Paper Filed by street address Building Plans P/1 Year Paper, Digital City owned P, Residential and Commercial 1 year As- Builts P Paper Filed by street address Sign Permits Life of sign Filed by street address Certificate of Occupancy P Paper Filed by street address Abatements 10 vears Stop Work/Violations 3 years 3 years after action RESOLUTION NO. 2010- -22- 54 ATTACHMENT A PAGE 19 Water Sewer Drawings P Paper `?ILDINGS MAINTENANCE Correspondence 3 years Maintenance Schedules Current Maintenance Reports Life of facility Purchase Orders Quotations CY DOCK/HARBOR Correspondence Memos 3 years Rate Schedules CY Federal State Permits Mooriat Bouy Permits and Locations Until expiration Crane Inspections Life of crane Station Leases 6 years Paper Corps Permit Dredging Until expiration ENVIRONMENTAL Correspondence 3 years Request for Proposals 6 years Agreements 6 years Site Assessments P Paper Work Plans P Paper Surveys 6 years Testing P ,,,,,CC SWWPT Plans Until superseded NPDES Permits Current -r 1 ADEC Underground Storage Tanks Life of tank 6 years Waste Disposal Permits Current Final Reports P Paper, Digital SAFETY Correspondence and Memos 3 years Meeting Agendas and Minutes P Digital Safety Packets P Digital Accident Reports (Original CM) CY Filed in City Manager's Office OSHA and ADEC Correspondence 3 years Training and Certifications Paper Copies in Personnel. Files Safety Audits Most recent Site Inspection Reports Most recent CDL Licenses Current Copies in confidential medical files City Health and Safety Plan Current Paper SEWER TREATMENT PLANT Correspondence and Memos 3 years -23- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 20 NPDES Pennits and DMR Reports 5 years Records of all monitoring information, including all calibration maintenance records, original strip chart recordings, reports and data used to complete the application for this permit for a period of at least 5 years from the date of the sample, measurement, report or application.•USEPA EPA Correspondence 5 years DEC Correspondence 5 years Borough Annual. Biosolids Report 5 years SHARP Correspondence and Inspection Reports 5 years OSHA Correspondence and Inspection Reports 5 years Wastewater Facilities Master Plan P Paper, Digital. SHOP Correspondence and Memos 3 years Supervisors Weekly Reports CY EquipznentList- Vehicles Current Auctions 2 years Previous 2 auctions STREETS Correspondence and Memos 3 years Excavation in ROW Permits 3 years Detour Permits CY Curb Gutter and. Driveway Permits P Paper Filed by street address Oiline Permits CY State DOT Seasonal Permits CY Repairs 3 years Work Requests 3 years Status Maintained Streets Current Snow Removal Notices CY Items in ROW 3 years Damage Reports 3 years Policies Current Signs Current Streetlight Agreements Current Streetlight Specifications P Paper Retain for the life of the fixture Streetlight Repairs 3 years Paper WATER AND SEWER Correspondence and Memos 3 years Water and Sewer Problems P Paper, Digital Water and Sewer Permits P Paper, Digital Filed by street address Hydrant Permit 2 years Private Installation Agreements P Paper Wildwood Agreement for W S P Paper Cathodic Protection 3 years SCADA System Current RFSfl1 11110111 NE_ 2010- -24- 54 ATTACHMENT A PAGE 21 Source Water Assessments 1, 2, 3 P Paper, Digital ater Rights and Surveys P Paper, Digital Permits and Drilling Logs P Paper, Digital Water Use Reports Daily P Paper, Digital ADEC Correspondence, Regulations 6 years Records concerning a variance, exemption or waiver granted to the PWS Until expires 5 Paper 5 years following the expiration of the variance or exemption. ADEC CFR Ref. 14133 Microbial Analyses Colifotm tests and. chlorine residual. reports 5 years Paper, Digital. Keep actual lab reports or transfer the data to tabular summaries. ADEC CFR Ref. 141..33 Chemical Analyses Inorganics, nitrate, nitrite, flouride, radionuclides, VOC's, pesticides, Asbestos, Arsenic, HAAS, 11 HM 10 years Paper, Digital ADEC CFR Ref. 14133 Monitoring Plans 10 years Paper, Digital Same period as records of analyses taken under the plan have to be kept. (Monitoring results for micro, turbidity, and chemical analyses above) ADEC CFR Ref. 141.33 Lead and Copper 12 years Paper, Digital Systems must retain original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by the rule for at least I2 years. USEPA Regulations Sanitary Surveys and related written reports, summaries and. communications 10 years Paper, Digital 10 years after completion of the sanitary survey involved. ADEC CFR Ref. 141.33 olations of primary drinking water regulations records of corrective actions taken by the PWS 3 years Paper 3 years after the last action taken for the specific violation involved. ADEC CFR Ref. 141.33 Public notices in accordance with 40 CFR 141.202 -.210 App A,B,C 3 years Paper 3 years after issuance ADEC CFR Ref 141.33 Consumer Confidence Reports 10 years Paper, Digital Emergency Response Plan and Water Vulnerability Assessment Current Paper Water System Studies P Paper /PDF -25- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 22 CITY OF KENAI RECORDS RETENTION SCHEDULE SENIOR CENTER OWNER SENIOR CENTER DIRECTOR Record Series Title Retention Disposition Archival Media Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS ALASKA STATUTE CFR CY CURRENT YEAR P PERMANENT RECORD V VITAL CODE OF FEDERAL REGULATIONS DEPOSIT RECONCILIATIONS CY Paper Department policy GRANT ADMINISTRATION FILES STATE FEDERAL Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain 3 years. Retain until Federal Audit. is completed or 3 years after grant closeout, whichever is later. Paper 3 years or until grant requirements are complete. MEDICARE ENROLLMENT FILES Retention period is until enrollee is deceased or file is inactive 5 years. Paper VINTAGE POINTE MANOR Lease agreements Retain 3 years after tenant moves out of facility. Paper -26- RESOLUTION NO. 2010 -54 ATTACHMENT A PAGE 23 t ad5' KENAI. SNIT CITY OF KENAI RESOLUTION NO. 2010 -55 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE ADMINISTRATION TO SUBMIT TO THE STATE OF ALASKA AN APPLICATION FOR A FEDERAL GRANT FOR A HISTORICAL PUBLIC PRESERVATION EDUCATION PROJECT FOR A HISTORIC RESTORATION PROJECT IN THE TOWNSITE HISTORIC DISTRICT OF KENAI, ALASKA. WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local govemments; and, WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, the Church has received a "Save America's Treasures Grant" to be administered by the National Parks Service for restoration and preservation of the landmark; and, WHEREAS, preservation of Kenai's only National Historic Landmark is important to the community's history and culture; and, WHEREAS, Ordinance No. 2469 -2010 provided $10,000 in support of this project; and, WHEREAS, due to concealed conditions, additional funds are necessary to complete the restoration of the Church; and, WHEREAS, the Council is fully cognizant of the obligations and responsibilities that will be incurred by the City of Kenai upon acceptance of such a grant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. The Council hereby authorizes the City Manager Rick Koch to submit an application to the State of Alaska, Department of Natural Resources, for a federal share matching grant for a Historic Restoration Project in the Old Town District of Kenai, Alaska. -27- Resolution No. 2010 -55 Page 2 of 2 Section 2. The Department of the City Manager is established as the agent for City of Kenai for administration of this project. Section 3. If the City of Kenai is awarded the grant for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska, the Council will introduce an ordinance providing matching funds for this project. Section 4. Effective Date. This resolution shall be effective immediately upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. ATl'EST: Carol L. Freas, City Clerk Approved by Finance: 7 New Text Underlined; [DELETED TEXT BRACKETED] _28_ PAT PORTER, MAYOR MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration-- DATE: September 29, 2010 Ilaye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 td Telephone: 907 283 -7535 FAX: 907 283 -3014 1111 1992 SUBJECT: Certified Local Government 60/40 Historic Preservation Fund Grant Program Through the Historic Preservation Fund program the City of Kenai is eligible to apply for matching grants for historic preservation projects. The City has received three of these grants in the past. The first was used to survey the historic properties in Old Town, the second for the signage project, and the third was to provide funding for staff to attend Section 106 training. Certified local governments are encouraged to submit grants for the FY11 funding between $10,000 and $20,000. Under the 60/40 program, the City's match for a $20,000 grant would be approximately $9,400. The Holy Assumption of the Virgin Mary Russian Orthodox Church has peen designated a National Historic Landmark. The Church is in the middle of a preservation /restoration project which the City previously supported through a $10,000 grant. During this project, concealed conditions were discovered which will require additional funding to complete the restoration. Ms. Dorothy Gray will be presenting addition information to City Council which outlines the status of the project. This grant could be used to support the completion of the project. The application requires support of the City Council. The grant must be submitted no later than October 15, 2010. ryaf KENAI. ALAS A A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO ALASKAN INDUSTRIES, INC. FOR THE PROJECT ENTITLED "KENAI RECREATION CENTER GYM FLOOR REPLACEMENT 2010" FOR THE TOTAL AMOUNT OF S122,000.00 WHEREAS, the following bid was received on September 24, 2010: and, Total Bid Bidder Alaskan Industries, Inc CITY OF KENAI RESOLUTION NO. 2010 -56 WHEREAS, sufficient monies are appropriated. $122,000.00 Suggested by: Administration WHEREAS, Alaska Industries, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Alaska Industries, Inc. for the total cost of 5122,000.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled "Kenai Recreation Center Gym Floor Replacement 2010" is awarded to Alaskan Industries, Inc. for the total amount of $122,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -30- PAT PORTER, MAYOR le 4 of KENAALASKA Vif(aye with a Past, C(Y with a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1111! -31- MEMO NDU_ 10: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: September 28, 2010 SUBJECT: AWARD OF CONTRACT; Kenai Recreation Center Gym Floor Replacement 2010 The replacement of the Kenai Recreation Center Gym Floor was part of the FY 2011 Budget. The replacement recommendation was based on the inspection of the existing 7,200 SF gym floor and the inability to fix the "dead spots The dead spots are due to the inconsistent elevations of the concrete below the gym floor. Typical gym flooring systems have a flatness requirement of a 1/8" in a 10' radius. The solution for the gym floor to have no "dead spots" is installation of a Sportwood over Bio- Channel system. The Bio Channel system is manufactured by Robbins and is the industry's first shimmable anchored resilient sleeper, designed to counteract the effects of uneven concrete. This system is utilized as a standard by the Anchorage School District and the Kenai Peninsula Borough School District, due to the failure of other wood flooring systems. Alaskan Industries Inc. is the Alaska distributer of Robins flooring systems. Robbins flooring systems are installed by a network of Authorized Contractor Dealers trained in the proper methods and practices, enabling the no "dead spot" guarantee of the system. A local wood flooring contractor was contacted about alternative systems that would meet the same requirements, as they are not a certified Robbins flooring installer, however, they did not respond the requests for information or provide a cost for the alternative system. Apparently these contractors mostly specialize in gym floor refinishing and smaller wood floor installation. Local general contractors were contacted to identify previous bidders for gym flooring on Alaska projects that included gym floor installations. Typically two bids were received one from Alaska and one from Washington State. The bids from Alaska were from Alaskan Industries, Inc. Utilizing this limited solicitation process will allow for the floor to be installed prior to the beginning of Basket Ball season On late November) as well as to conserve funds in attempting to advertise to a very limited number of qualified suppliers. The alternative to this limited solicitation approach is for a formal procurement process, resulting in a late March 2011 construction, following the close of the 2010 2011 Basket Ball season. Attached is Resolution 2010 -56 recommending award of the contract to Alaska Industries, Inc for the total cost of $122,000 and includes removal and Installation of the bleachers. 1992 dre city of IIENAALAS KA CITY OF KENAI RESOLUTION NO. 2010 -57 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE AND FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2012. WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legislative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements Program adoption on October 6, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012, as provided in the attached Exhibit A, is adopted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. ATTEST: Carol L. Freas, City Clerk -32- PAT PORTER, MAYOR \thcci °f KEtIAIt ALASKA MEMO: TO: City Council FROM: Rick Koch DATE; September 30, 2010 SUBJECT: Resolution No. 2010 -57, State Federal Capital Funding Requests fnr SFY12 FFY 13 The purpose of this correspondence is to recommend Council approval of the above referenced resolution. Council met in a work session on September 28, 2010 to review Administration's recommendations and to establish a priority listing for State Federal capital funding request. The attached list and supporting information reflect the direction of Council. Thank you for your attention in this matter. -33- Village with a Past C y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II a Telephone: 907 283 -7535 FAX: 907 283 -3014 1992 NOTES /COMMENTS outlook for additional federal funding is not good, The 'citizens of Kenai approved a G.O. bond proposition in the 'amount of 2,000,000 in 2007. Given the State of Alaska's present financial condition the opportunity to recieve funding is as good as it has been in some years, has scored well enough to probably be included in the Governor's FY 2012 capital budget. The City Council passed Resolution No. 2012 -46 identifying this project as the number one ADEG MMG priority. Administration recommends that a project of this type be perpetually Included in capital project requests to the State of Alaska. ONIONfIJ O3HlfO3ki E o o R 0 S 00 •00 0'000' I DESCRIPTION lost, without the construction of stabilization improvements. The total cost estimate for the project is 20 million. Approximately 1.5 million has been spent to date on preliminary engineering studies. Kenai voters approved a 2 million bond sale at the October 2007 election. Recently the Kenai Peninsula Borough Assembly passed a resolution to provide the quarry rock for the project al no cost. The value of the rock is estimated at 4.8 million. Total funding in -hand and in -kind is approximately 10.2 million. Ialaire 01 U IC MV pgJU y nutty ,.vumuu,v a „ataa vp, of the City of Kenai's municipal water supply utility. 2. Construction of 2,500 If of new water main along Swires Road between the Kenai Spur Highway Lawton Drive. This will provide a cross tonne tion between an existing water transmission main and the new water transmission main being constructed on Lawton Drive. These improvements will increase system reliance, and increase both operating pressures and flow volumes. The City of Kenai maintains approximately 20 miles of gravel surfaced roadways within its municipal boundaries. The cost of maintenance of gravel roadways is high, dust from gravel roadways is a health issue for the elderly young. PROJECT TITLE Paving Improvements to City Streets PRIORITY NUMBER N cn cc u. O N a N 2 CC cc Z cn Cl. LIJ 2 I— Ct cc EL 0 W -34- Prepared by: R, Koch NOTES /COMMENTS Shop facilities to support operations and maintenance activities are always difficult projects to move forward. The present facility was never designed to facilitate the support manitenance activities which are being accomplished. There may be an opportunity for Federal participation, specifically FAA funding in an amount comensurate with Airport use et the facility. This project could also be a candidate tor the out competitive grant program. In a recent candidates forum Governor Parnell stated that his administration is willing to invest State resources to mitigate the imact of the personal use fishery on the City of Kenai and the Kenai Peninsula, REQUIRED FUNDING 3500,000.00 400,000.00 I 00'000 DESCRIPTION This project would construct a 20,000 sf maintenance shop to replace the existing shop. The exsiting shop is a collection of buildings and conex's that lacks the room to perform maintenance on the City's equipment fleet, and also lacks engineered ventilation systems as well as other improvements found in designed facilities_ This project would construct a six -bay vehicle storage facility at the City maintenance yard. At present the vehicles are stored outside the center. During the winter this results in vehicles running to maintain heat for trips for the senior clients, and also results in increased mechanical difficulties. The current system does not provide uniform heat in the winter and does not include air conditioning (cooling) in the .summer. The present system also does not provide an adequate number of air changes to meet current code requirements. The copy room which contains the computer servers is consistently at a significantly elevated temperature. would include the removaVreplacement of the exterior building panels, replacement/addition of insulation in the walls and roof, removal and replacement of the roof amounted air- handling system with a ground -level HVAC /air handling system, and replacement of the existing roof. This project would construct three Fish Cleaning/Waste Transfer Enforcement/Data Collection Stations. The three stations would be located at the North Beach, South Beach, and City Boat Launch. PROJECT TITLE Construct New City Light /Heavy Equipment Maintenance Shop Vehicle Storage Facility for Kenai Senior Center Vehicles City Hall HVAC Energy Conservation Improvements Capital Improvements to Support State Personal Use Fishery PRIORITY NUMBER V Yi 0 1, rn CC LL CT 1.2 cc cc Z LLI CC CC c ei LLI 2 I- Y. -35- 0 N 0 d Prepared by: R. Koch cn 11. LLI fr- uj O. w EC Lu -36- Demand for garages at Vintage Pointe is questionable. The Council on Aging discussed this issue at several meetings and the Administration met with them and presented the results of a resident poll Following Administration's meeting with the Council on Aging the Administration met with the residents of Vintage Pointe and it appeared support for paying $200 a month for a garage was even less than the previous poll results. Administration believes Milos project would best be tunoeo from a State/Federal appropriation(s) such as priority #3, above. The cost estimate for specific components of this project is [included tin the attached information. The most practical project is probably to replace the lighting and asphalt (est, cost $332,000). A storm water system is challenging as the subdivision was not originally designed taking into account surface/piped drainage. Curb gutter is very expensive and its installation would mandate the construction of a storm water drainange system. S 36Q,000.00 S s 0 1 500,000.00 This project would construct a building five garages for rent to residents of Vintage Pointe. Each garage would be 15500', heated, with an electrically actuated O/H garage door and a 3'0" personnel door, This project would re- construct First Street from California Avenue to Florida Avenue. This roadway exhibits differential movement of the curb gutter and asphalt. Further the asphalt has and is failing. J. Replace the existing street lighting system 2. Replace the existing asphalt surfaced roadways and install new base material as needed 3. Install curb gutter and a piped storm water collection system 4. Construct sidewalks I Garages (5) for Vintage Pointe Congregate Housing Mommsen Subdivision, First Street Re- Construction central Heights Roadways, Street lighting System [Reconstruction/Replacement Construction of a Storm water System New Fire Engine cn O cc !L O E F a u) w tiJ 2 CC c7 cc z La 0 cc ICm tTh CC c a D. CC Ui CC -37- PROJECT TITLE DESCRIPTION REQUIRED NOTES/COMMENTS PRIORITY FUNDING NUMBER NOTES/COMMENTS This project has been discussed by the parks Recreation Commission and it is my understanding they wish to continue discussion on the subject. This project is certainly worthy of discussion but significant work needs to be accomplished to determine its feasibility. ADNR is accomplishing a "Needs Assessment Study" 'scheduled to be finished in 2011. It's doubtful any funding would be available for this project in advance of the completion of the study, and that Statelfederal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facility. 'This project has ranked high on the 2010 2013 STIP and ',funding isproposod in SFY 2011 for conceptual design, and !ROW acquisition. This project has not ranked high on the 2010-2013 STIP. A predocessor project, the improvement of five intersections of this roadway has ranked well on the STIP and funding for conceptual study ROW acuisition is proposed to begin in SFY 2011. The full five -lane project will not be considered for funding until the intersection project is through design, or possibly during construction. ONIONOH 03HIf103H 0o 00 0•000`$ 250000.00 UMOUJjuft 00'000'000'0 0 0 0 0 0 0 d 0 0 250,000.00 DESCRIPTION This project would construct a 1005x200 indoor turf field, possibly as an addition to the existing Kenai Multi- Purpose Facility. The facility would be used by area schools, pre schools, soccer and other organizations. Project would construct a tenVvehicle campground located at the Kenai Sports Complex( located at Section 36 Project would provide lower river access point for pull -out of drift boats only- ':This project is proposed to provide safety improvements to 'Beaver Loop, Thompson Park, Strawberry Road, Silver Salmon, and TBD to include turn lanes and lighting. Traffic 'accidents at these intersections usually involve at least one vehicle traveling at a high rate of speed, and are of significant severity. Conflicting traffic patterns (through traffic vs '..business /residential traffic) and increased traffic counts have increased the number and severity of accidents between ',Kenai Soldotna. Planned commercial developments will significantly increase traffic in the near future ',Project would design and install irrigation system for four !soccer fields PROJECT TITLE City of Kenai Indoor Turf Field Facility ''.City of Kenai Campground for Tent /Vehicle Lower Kenai River Drift Boat Pull -Out :Kenai Spur Highway Upgrade Five Intersections Kenai Spur Hlahway Upgrade to Five Lane configuration Between Soldotna and Kenai New Soccer Fields Irrigation PRIORITY NUMBER Lu a. Lu cc i t Lu z re ct CC ZS -38- ce 0 N the et a f KENAI, ALASKA "I/c��aye with a Past, n with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 I I I I I t 1997 Kenai River Bluff Erosion /Stabilization The U.S. Army Corp of Engineers (COE) has determined that a project to halt the ongoing erosion is feasible. To date the COE has accomplished design to an 80% level, and over fifty percent of the required NEPA documentation has been accomplished. This important project can only be undertaken with the assistance of the State and Federal Governments. The congressional delegation has been able to appropriate approximately 1.5 million over the preceding four years to forward the project through project scoping, planning, preliminary design and NEPA documentation, and another $2 million is presently included in a Senate appropriations bill.. The latest project cost estimate accomplished by the U.S. Corp of Engineers for this project is approximately 29 million. A commitment to the project was made by the Kenai Peninsula Borough. The Borough Assembly adopted a resolution (attached) to provide Armor Rock, B -Rock, and Filter Rock for the project at no cost. The value of the Kenai Peninsula Borough commitment is approximately 4,800,000. The construction of this project will result in substantial investment and the creation of new and expanded businesses located on the bluffs above the mouth of the Kenai River. -39- the ci Ol KENAI. ALASKA "Villa e with a Past, Cifr with a Future" 210 FidaIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 New Water Transmission Mains (Phase 111) This project will replace approximately 3,200 If of an asbestos cement piped water main, which is presently the sole connection from our water production facilities. The piping is approximately 40 years old and failures have become more frequent. Any failure of this transmission main is catastrophic to supplying water to the distribution grid. This project will also construct approximately 2,500 If of new distribution grid to create a connection with the transmission mains located in. Lawton Drive and the Kenai Spur Highway. -40- 1992 KENAI, ALASKA "Viflaye with a Past, Cc ty with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us Paving Improvements to City Streets The City of Kenai owns and maintains over 64 miles of municipal roadways. Over 15 miles of these roadways are constructed only to improved gravel standards. Over the past three years the City has undertaken projects to improve approximately three miles of gravel roadways to a paved standard affecting over 300 properties. These projects include pavement, drainage, safety, and signage improvements. Funding for these projects have been accomplished through local improvement districts (LID's), where the City, using City /State funding has funded 100% of the up -front costs of the improvements with assessments being levied upon properties in the LID for 50% of the project costs, resulting in shared 50/50 projects. The city desires to continue this program of LID improvements, the benefits include but are not limited to: 1. Improving air quality 2. Improving the quality of storm water run -off 3. Decreasing maintenance costs 4. Improving safety 5. Increasing property values 6. Creation of local employment Based on historical data, and contingent upon the condition of specific existing gravel roadways, $1 million of funding will improve one mile to two miles of roadways to paved standards. -41- the 4 of KENAI, ALASKA e with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 Construct New City Light /Heavy Equipment Maintenance Shop The City of Kenai's Equipment Maintenance Shop provides services to the Public Works, Streets, Parks Recreation, Fire, Police, and Senior Center Departments. It maintains over 400 pieces of City equipment. The existing shop is over 30 years old, undersized, and not conducive to an efficient maintenance program. The size of the existing shop does not allow for the storage of equipment which is being worked and waiting for parts, resulting in the equipment being towed outside to make room for other maintenance work. Several pieces of equipment are too large for the existing shop, which is really only several connected large garages. When large equipment requires maintenance the work must be conducted outside. There is not a comprehensive ventilation system, nor is there separation between the welding area and the remainder of the shop. We use an adequate system of individual ventilators, but it is not an effective system. The parts room is a conex which has been connected to the shop. Bathroom /wash facilities are minimal, and the shop does not have a shower, other than in an emergency station. The cost estimate for a new shop is as follows: Sitework 100,000 Building Construction 150'x100'= 15,000 s,f. 2,250,000 Fixtures Equipment 500,000 Design, Administration Contingency 650,000 Total 3,500,000 -42- 1991 OY-0rtmT3WlY 'hi�.l KENAI, ALASKA 'Wage with a Past, Gcty with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 Fax: 907 283 -3014 vvww.ci. kenai.ak. us Kenai Senior Center Vehicle Storage The City of Kenai owns and operates a Senior Center which provides a wide range of senior services including transportation and meal delivery. At present the Senior Center operates one fifteen passenger bus, one ADA equipped van, two eight passenger transportation vans, and two meal transport mini -vans. The amount of time it takes to adequately warm -up the vans during the winter months impacts the time available for senior transportation (especially in the larger vans) and meal delivery. Maintenance and operations costs are also increased by the vehicles being stored outside. This project would provide for the construction of an 8 bay facility to accommodate present and future needs. The cost estimate for the project is as follows: Site Development 50,000 Utilities 25,000 Building (255:100'= 2,500sf $100/sf) 250,000 Engineering Contingency 75,000 Total $400,000 -43- l/c 'laye with a Past Gig 210 FideIgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907- 283 -7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us City Hall Heating Ventilation Air Conditioning (HVAC) Energy Conservation Improvements The central administration building was constructed in 1980, when the cost of energy was a substantially lower percentage of overall building operation costs than it is today. The City had an energy audit of its buildings accomplished in 2007 which identified the City hall Building as having significant energy costs. A cost estimate for the replacement of the HVAC System and Energy Conservation Improvements is as follows: Demolition 40,000 Installation of new boilers (2 $20,000) 40,000 Installation of new control system 50,000 Installation of new ventilation /air conditioning system 70,000 Installation of new insulated ducting system 20,000 Repair /Re- installation of Roof 40,000 Siding removal, insulation siding replacement 90,000 Design Admin 50,000 Total $400,000 -44- with a Future" "Viflaye with a Past, Cc with a Fistarell 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us State Personal Use Fishery, Capital Improvements The State of Alaska Personal Use Fishery is both a positive and a negative for the City of Kenai. We welcome our Alaskan neighbors to take part in this fishery, however the activity has grown to such a level that the existing resources which the City provides are not adequate to respond to the crowds. There are a number of issues which need to be addressed, these include enforcement, data collection, and State funding for capital projects to assist the City in providing a parking and camping area for the up to 15,000 individuals which participate in the fishery on a daily basis. Our residential subdivisions near the beach are being over -run with vehicles /campers as they simply do not have alternative places to park. On one day during the last year's season an estimated 15,000 people were participating in the fishery at the mouth of the Kenai River, and 10,000 participants is commonplace. One specific issue is the amount of fish waste that is deposited on tidelands owned by the City. When participants clean fish the fish waste Is often thrown into the river /ocean where it ends up being washed up to the tideline. The City attempts to remove the decomposing fish wastes each evening by utilizing a tractor with a rake to transport fish wastes. The City recommends that fish cleaning stations be constructed in three locations, (North Beach, Boat Launch and South Beach) and that disposal of fish waste from the personal use fishery into the Kenai River be prohibited by regulation. Estimated costs for the construction of three fish cleaning stations, is as follows: Water Systems $100,000 Site Preparation 30,000 Wastewater Disposal Systems 60,000 Cleaning Facilities Appurtenances 75,000 Design, Administration Contingency 35.000 Total $300,000 The fish cleaning stations could also be used as data collection, and enforcement stations for ADF &G and AST Brownshirts. -45- KENAI ALASKA City of Kenai Recreation Center Energy Conservation Upgrades The City of Kenai Recreation Center was constructed in 1982 when the cost of energy was a significantly less costly component of overall building operation. This project will replace the existing heating system, replace lighting systems, replace building control systems, and increase insulation in selected areas of the building. Estimated Costs are as follows: "Vi &9e with a Past, 64y with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us Demolition 40,000 Roof Insulation EPDM 80,000 Replace Boilers (2) 50,000 Replace Control, Systems 75,000 Replace Exterior Windows Doors 25,000 Replace Lighting Fixtures Controls 40,000 Replace HVAC System 100,000 Design, Administration Contingency 90,000 Total $500,000 -46- the elyof KENAI, ALASKA The City of Kenai's Wastewater Treatment Plant (WWTP) was constructed in 1982. It was sized to accornmodate a population of 11,650 people and an average wastewater flow of 1.3 million gallons per day (mgd). The present population of Kenai is approximately 8,000 and average wastewater flow is 0.90 mgd, or 70% of the plant design capacity. A Wastewater Facility Master Plan was completed in March 2004 by CH2MHill. The cost estimate for recommended improvements totaled 5,198,000 (in 2004 dollars) and were identified as being accomplished in four phases. Estimated costs have been increased by 32% to account for construction inflation. These four phases were as follows: Phase 1 2 3 4 "Village with a Past, Gc y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 City of Kenai Wastewater Treatment Plant Upgrade Renovations Description Activated Sludge System Improvements SuctionlJetter (Vactor) Truck Pretreatment Process improvements Aerobic Digester Solids Handling Systems -47- Cost Estimate 3,040,000 -0- 1,450,000 1.850 000 TOTAL 6,340,000 *Phase 2 shows a -0- cost estimate as this equipment was already purchased by the City of Kenai in 2008. This grant application encompasses improvements identified, in part, in Phase 1 of Capital Improvements Summary in the Master Plan, the installation of a second sludge belt press, and a 1,000 s.f. addition to the WWTP Control Building. Below I will discuss each of the Phases identified in the Capital Improvements Summary, the second sludge belt press and how the City proposes to phase the WWTP Upgrades. 1992 City of Kenai Wastewater Treatment Pla Sludge Belt Press 485,804 Upgrades Phase I The existing sludge belt press is 25 years old, and while not functionally obsolescent, it requires major maintenance /upgrades in the near future to maintain system reliability and compatibility with control systems. The installation of a second sludge belt press will provide system redundancy and allow for the existing sludge belt press to be taken out of service for an extended period (4 -6 months) while major maintenance upgrades can be accomplished. Activated Sludge System Improvements 880,000 Upgrade Fine Bubble Aeration 380,000 Upgrade Aerobic Digester Blower System 270,000 The blowers currently provide three to four times the necessary oxygen concentration to the aeration basins and there is no way to efficiently control this with the existing equipment. The installation of one small blower with a variable speed motor, the installation of variable speed motors on the existing blowers, the installation of a new control system, and replacing the coarse bubble diffusers with fine bubble diffusers will result in improved treatment and a significant drop in power consumption. 2. Upgrade Waste Activated Sludge (WAS) System 200,000 Upgrade Return Activated Sludge (RAS) System 30,000 The activated sludge treatment process works best when a steady low flow of sludge is returned to the aeration basin (RAS). The pumps currently in use return too much sludge in too shirt a time to the aeration basin resulting in system failures, increased maintenance and increased energy consumption. The WAS pumps currently in service are a progressive cavity type that requires frequent service, Replacement with a simple centrifugal pump system would lower maintenance costs and improve treatment efficiency by allowing a steady flow of sludge to the aerobic digestion tank rather than large intermittent flows. The upgrades to the RAS WAS Systems, and the upgrades to the aeration system will significantly improve the performance of the WWTP in terms of decreasing the costs of aeration, improving the settleahility of the sludge, and minimizing /eliminating permit non compliance incidents. WWTP Control Building Expansion 1,000 s.f.) 301,950 The addition of a second sludge belt press will require the re- location of the WWTP laboratory. There is not sufficient space anywhere within the existing building to accommodate laboratory -48- operations. The construction of a 1,000 s.f. addition to the WWTP Control Building will provide the room necessary for a fully functioning laboratory sufficient to support the operations of the WWTP. FUTURE PHASES OF THE CITY OF KENAI WWTP UPGRADES NOT SUBMITTED UNDER THIS ADEC MUNICIPALMATCHING GRANT APPLICATION AT THIS TI.ME City of Kenai Wastewater Treatment Plant Upgrades Phase II Filament Control System Improvements 2,100,000 The City of Kenai's WWTP periodically encounters problems with a floating sludge blanket. This is caused by the predominance of filamentous organisms in the activated sludge. The aeration basins will be modified to a plug flow regime and provide an anoxic zone in the first third of each aeration basin. This will improve activated sludge settling by minimizing filamentous organisms in the activated sludge. As a result the City will no longer need to operate both secondary clarifiers. This will reduce energy consumption and provide redundancy in the system. Citv of Kenai Wastewater Treatment Plant Upgrades Phase III Pretreatment Process Improvements 1,455,000 1. New Pump House 435,000 The existing pump house is undersized and is nearing the end of its useful Life. The addition of sophisticated control systems and other improvements requires additional space in order to maintain system integrity and reliability. 2. Influent Manhole Modifications 60,000 Grease accumulates in the existing influent manhole. At times this grease layer will be as much as five -feet thick. Presently the vactor truck is used to remove grease from the influent manhole and transport to the WWTP. This modification would provide a sytem to pump the grease from the influent manhole to the aerobic digester for treatment. 3. Grit Removal Cyclone 120,000 This would provide for grit removal in the pretreatment process. The system currently includes two rotary screens, a by -pass screen, and screenings conveyor. They are not used because they are quickly overloaded by the material entering the plan during peak flows. This improvement would allow provide for washing, and compacting the collected screenings as is required. -49- 4. Bar Screens /Grinder Station 840,000 There are several areas in the wastewater collection system in which pretreatment of wastewater through screening and grinding would be beneficial. Wildwood Prison and future services comprised of fish processing plants. This will require further engineering review prior to a specific scope of work being identified. City of Kenai Wastewater Treatment Plant Upgrades Phase IV Aerobic Digester Solids Handling 1,840,000 These improvements include, mechanical improvements for the aerobic digester, an upgraded solids handling system, and re- coating the aerobic digester. Obtaining a sufficiently high concentration of solids is difficult. A higher concentration of solids will mean lower influent flow and longer residence time within the digestion tank. Twelve to eighteen days residence is typically required for adequate digestion of sludge when there is no primary settling in the WWTP process. Presently there is only eight days digester residence time. To increase the solids concentration entering the sludge digestion tank, a gravity belt thickener will be installed. This will increase the capacity of the existing aerobic digestion tank to meet the projected waste loads for at least the next twenty years, and minimize /eliminate permit non- compliance incidents. Re- coating of the 423,000 gallon aerobic digestion tank may move up to a higher priority based on inspections that will be accomplished this year. The purpose of the tank is to hold waste sludge, and through aeration inactivate any harmful microorganisms. The City of Kenai's WWTP does not have a redundant component for this process. Since the tank's construction in 1982 it has not been re- coated. If this aerobic digester tank were out of service for any extended period, the WWTP process would be severely impacted. -50- t/wdyaf KENA ALASKA Vil(aye with a Past, Ci y with a Fixture" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 Bridge Access Road Pedestrian Pathway The Kenai Soldotna Unity Trail is designed to make an approximate 20 mile bop from Kenai to Soldotna on the Kenai Spur Highway. Then through Soldotna along the Sterling Highway to Kalifomsky Beach Road, then along Kalifornsky Beach Road to Bridge Access Road, then along Bridge Access Road to its intersection with Kenai Spur Highway, the beginning of the trail. The trail is fully constructed with the exception of the approximately 3 mile long section along Bridge Access Road. The cost estimate to construct the pedestrian pathway is as follows: Paved Pedestrian Pathway (8' wide) 16,000 II. $1,600,000 Design, Administration Contingency 400,000 Total $2,000,000 -51- 1111 1992 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: AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 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.) SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Colleen Ward /Neighbors /Friends Conditional Use Permits. 2. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) 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. 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. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 and then to the September I5, 2010 Council Meeting. The motion to adopt is active and on the floor.) a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically -52- ITEM E: MINUTES Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. 1. *Regular Meeting of September 1, 2010. 2. *August 23, 2010 Board of Adjustment Hearing Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAO). 4. Discussion Sponsorship of Brown Bear Hockey Team Member 5. Discussion. Schedule Work Session /Capital Project List and Legislators 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 -53- 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 A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -54- Hal Smalley, Vice Mayor Barry Eldridge Ryan Marquis 1 Robert Molloy Mike Boyle Pat Porter, Mayor ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m, in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. The City Clerk took roll. Present were: Absent was Council Member Joe Moore. A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGEN APPROVAL The following changes were requested: MOVE: B -1 to B -2 position and B -2 to B -1 position on the agenda. ADD AS: MOTION: KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us ROLL CALL MINUTES Information Item No. 7, 9/8/2010 V. Goddard, Inlet Fish Producers, Inc. letter related to Cook Inlet Natural Gas Storage Alaska proposal. Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. -55- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 13-1. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. Mark Schrag, 312 Princess Lane, Kenai Discussed concerns and suggestions related to the City of Kenai Land Use Table and his neighborhood's desire to amend the Land Use Table to what it was between 1974 -1997 when, it was felt, the residential zones were more protected from commercial uses. 13-2. Colleen Ward /Neighbors /Friends Conditional Use Permits. Colleen Ward, 708 Magic Avenue, Kenai Discussed concerns and suggestions related to the City of Kenai Conditional Use Permit (CUP) process and her neighborhoods recommendations to bring a better balance between protection of neighborhoods and commercial development wishing to 'OCate in the neighborhood, including neighborhood approval, definition and size of affected area, the hearing notification process, burden of proof, standards for approval, application requirements, restrictive convenants, and negotiated CUPs. ITEM C: Carolyn Unger, Woodland Subdivision, Kenai Requested an ordinance restricting where outdoor wood burning boilers /furnaces may be used installed in the City and suggested lots not less than 80,000 square feet or within 500 square feet of neighbors. ITEM D: D -1. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to minutes per speaker) 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.) 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. -56- Smalley No Moore Absent Eldridge Yes Marquis No Mollo No Boyle No Porter No KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 3 (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor.) D -la. MOTION: 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. Council member Molloy MOVED to enact Ordinance No. 2497 -2010 by substituting with Substitute Ordinance No. 2497 -2010. Council Member Boyle SECONDED the motion, The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Review of the memorandum included in the packet, noting the ordinance was brought forward to update and revise the procedures for calling special meetings, including reasonable public notice, publication in newspaper, posting, calling meetings four days ahead, etc. Question of whether the affidavit of the City Clerk was necessary and explanation that it was included as a risk management tool in case of challenge. Question related to 1.10.060(a), requiring a unanimous vote if the resolution method would be used to call a special meeting. Explanation stated that was not a change in the policy and was from the existing ordinance. MOTION TO AMEND: Council Member Eldridge MOVED to eliminate section (d) of 1.10.060 requiring the City Clerk to fill out an affidavit and renumbering the subparagraph (e) to (d). Council Member Marquis SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Coffman: No MOTION FAILED. VOTE ON MAIN MOTION: *Student Representative Coffman: Yes -57- Smalley Yes j Moore Absent Eldridge Yes Marquis Yes 1 Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Yes I Marauis I Yes Molloy Yes Boyl Yes Porter 1 Yes KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 4 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2512 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Support for the ordinance as it was discussed at budget time, during those discussions there was agreement the positions were needed, word was received the City's request for grant funds was denied. Support for the additional staffing. VOTE: *Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -53 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Not sure it would be likely to occur, but thought Council should support the effort. A similar resolution of support would be before the Borough Assembly at its October 12, 2010 meeting. -58- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 5 VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. agenda, VOTE: *Regular Meeting of September 1, 2010 Approved by consent E-2. *August 23, 2010 Board of Adjustment Hearing Notes Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED for approval of purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion, There were no objections. SO ORDERED. G -3. *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). Introduced by approval of the Consent Agenda. -59- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 6 G -4. Discussion Sponsorship of Brown Bear Hockey Team Member Mayor Porter reported she had requested the item be brought forward; there were two local members of the hockey team, one from Kenai; the one -time cost would be $250, though there was the possibility of more future local players which would be an additional cost if Council chose to support; and, the funds would come from the Legislative budget. MOTION: Council Member Eldridge MOVED to sponsor a Kenai member of the Brown Bear Hockey Team in the amount of $250.00 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -5. Discussion Schedule Work Session /Capital Project List and Legislators Council added the topic of Capital Project List to the work session previously scheduled for September 28, 2010. A resolution would then be prepared for the October 6, 2010 Council meeting to adopt the list. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed discussions and actions from the September 9, 2010 Council on Aging meeting, including October 11 cleaning day, the garage /storage issue, and Christmas Sale /bazaar. Boyle also reminded Council his intention to request a resolution to support funding for a feasibility study for a garage or covered parking at Vintage Pointe in order to have the information available if a funding source becomes available and it would also provide options for other than a steel building. II -2. Airport Commission No report. H -3. Harbor Commission Council Member Smalley reviewed actions /discussions from the September 13, 2010 meeting and noted the letter of resignation included in the packet from Gary Foster. He also noted another member had missed a number of meetings. H -4. Library Commission Council Member Marquis reviewed the meeting summary of the September 7, 2010 meeting which was included in the packet. It was noted, the code provision related to commission /committee attendance was difficult to enforce and interpret. The City Clerk and City Attorney were requested to develop amendments to the Code to that regard. There were no objections from Council. -60- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 7 Parks Recreation Commission Council Member Boyle reported a work session was held on September 13 to tour the City's parks. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the September 8, 2010 Commission meeting (included in the packet) and suggested administration develop an ordinance related to the Conditional Use Permits and Land Use Tables issues presented. Council had no objections. Molloy also noted Vince Goddard attended the meeting and commented on the Cook Inlet Natural Gas Storage Alaska, LLC and requested a work session be held on the issue. It was noted, a public hearing would take place when the Conditional Use Permit issue would go before the Commission. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reviewed discussions held at the September 14 meeting and noted a tour of the flowerbeds and gardens would be held on September 23 at 3:45 p.m. Porter also reported the resignation of Megan Coleman. H -7b. Alaska Municipal League Report Council Member Smalley reported a Board meeting was scheduled to be held in Anchorage on October 8 and 9, 2010. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported a meeting was scheduled to be held on September 27, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions/ discussions held at the September 7, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she had sworn in a police officer and she, Vice Mayor Smalley and Council Member Marquis had attended the groundbreaking of the addition to the Kenai Peninsula Food Bank facility. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He would be attending the next Council on Aging meeting to discuss budget issues. The Alaska State Library updated the Library's computer equipment and video conferencing abilities. The Kenai Rotary Club would be pouring concrete shelter slabs at the Daubenspeck Family Park during the next week. He would be absent from the October 20 meeting. -61- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 8 A public meeting would be held on September 21 related to community playground development and what ideas the public might have for such a playground. The auction report would be included in th.e next council meeting packet and he would bring forward some suggestions for disposing of no longer needed items. The Meeks' Bridge replacement would be longer in length and should be installed in October. A sign identifying it as the "Meeks' Crossing" would be placed with the bridge. Three vaulted restrooms would be placed during the next construction season: one at Daubenspeck Park, and two others at beach locations. Town Hall information would be forwarded to all commissions /committees in their meeting packets. J -2. Attorney City Attorney Stearns reported the following: She had just returned from the American Association of Airport Executives (AAAE) Conference which included presentations on airport law, new developments in FAA enforcement and regulatory standards, etc.. She had hired Jacqueline Van Hatten as her new department assistant. Ms. VanHatten would begin work on September 20, 2030. J -3. City Clerk City Clerk Freas reported absentee voting for the October 5, 2010 election was ongoing and would continue through election day. A request was made to provide name plates for all commission /committee members. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen COmments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Encouraged Administration to begin the process of vacating a portion of Magic toward the Walmart facility. City Manager Koch reported that process, along with subdividing the Park away from a larger piece of property would begin in the next six months. K -2. Council Member Comments Boyle Thanked Ward and Schrag for their presentations and added, he would be interested in what would be developed. He also thanked Unger for her comments. Molloy Commended Alex Koch for his work on the grant received for high school improvements. Thanked Ward, Schrag and Unger for their presentations. Marquis No comments. Coffman Updated the Council and audience on upcoming events at the high school including Homecoming festivities, football, and swim meets. -62- 1 Smalley Yes Moore Absent Eldridge 1 Yes 1 Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 9 award. Eldridge Thanked Ward, Schrag and Unger for their presentations. Congratulated Alex and Rick Koch for their efforts related to the grant Smalley Reported the Chair of the Harbor Commission would be absent from the October and November meetings due to a family illness which would bring some urgency in filling openings due to absences and the recent resignation of a commissioner. The Harbor Commission also discussed the Kenai River Special Management Area (KRSMA) speed limit sign at the bridge and the question was asked on who's authority the sign was placed and who would be enforcing the speed limit Thanked Ward, Schrag and Unger for their presentations. A question was asked if there was something the City could do with regard to the outdoor woodburning boiler installation concern since currently there were no code requirements. Koch stated he would investigate if a moratorium could be placed and report back to Council. Porter Reported a barbecue would be held at the bluff gazebo on Monday, September 20, 2010. EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project. MOTION: Council Member Molloy MOVED to convene in executive session of the council of the City of Kenai concerning the Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project, a matter the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Molloy requested City Manager Koch and City Attorney Stearns to attend. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION CONVENED: 8:37 P.M. BACK TO ORDER: 9:18 P.M. -63- KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 10 Council Member Molloy reported the Council met in an executive session to discuss several issues and gave direction to the City Manager and the City Attorney regarding pursuing access to the KU 13A well for the City's rights as a lessor of property leased to Vince Goddard of Inlet Fisheries. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:20 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory notes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -64- 0 z 0 U tO N 0 0 rn m r aw a m m v ti a co Co N h W LLl LU J F Q r 1 7 CO CO =DD= 0 0 0 0 0 Z W d 0 z W 1- F fQ W -65- F z 0 F- z 0 0 0 H a w 0 0 0 z w 0 0 0 0 F z 0 Q z 0 cn Q e4 0 0 z w Etie city of KENAI, ALASKA To: Mayor Porter Council Members Villaye with a Past, C# with a Future' FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 if From: Terry Eubank, Finance Director Thru: Rick Koch, City Manager Date: October 5, 2010 Re: October 6, 2010 Purchase Orders Over $15,000 List for Approval The attached amended list of "Purchase Orders Over $15,000 Which Need Council Approval" is submitted for your consideration. After further review, the administration requests further time to negotiate the design services contract for the Vintage Pointe Siding Replacement Project. -66- 7 0 2 z O W O O z W KENAt, AL ASKA "villaye with a Past, a with a Fal aie" TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: September 23, 2010 SUBJECT: PO in Excess of $15,000 -67- 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO' s NDUM Rick, This project will provide design and bidding phase services for the Kenai Senior Center and Vintage Pointe Re- siding Project A portion of the work includes, redrafting of the legacy drawings, as the only electronic files of the facility are scanned. The remainder of the project will provide for a durable siding alternative to the existing cottonwood tongue and groove siding that requires considerable maintenance. The schedule provides for design to occur over the winter with the project scheduled for the construction bid process to begin in the spring of 2011. The PO will award of the contract to Klauder Company Architects, Inc. for the total cost of $46,450.00. r 1992 Klauder Company Architects, Inc. 606 Petersen Way, Kenai, AK. 99611 (9071283 -1919 Fax 283 -0450 Partial Document Reproduction of the Kenai Senior Center and Vintage Point for the City of Kenai: Scope of Services and Fee Proposal Project it 1032 Date: August 5, 2010 Kevin Lyon. Capital Projects Manager City of Kenai 210 Fidalgo Street Kenai, AIC 99611 RE: Partial Document Reproduction of the Kenai Senior Center and Vintage Point fb the City of Kenai Dear Kevin Lyon Klauder Company is pleased to submit the following proposal for the Partial Document Reproduction of the Kenai Senior Center and Vintage Point for the City of Kenai. After carefully reviewing all the information gathered to date, 1 have compiled a Scope of Services and Fee Proposal for this project as follows. Scope of Services: Klauder Co. will prepare AutoCAD drawings of the existing conditions as illustrated by Livingston Slone drawings dated July 5, 1991 for Vintage Point and by Carmen Vincent toh drawings 1 June and L b vallCeYtt vuiwu uiawing5 dated 1 dmi6 82, anu as verified by on site observation. Existing conditions drawings need not show interior construction. Existing condition drawings will show dimensioned floor plans (three floor for Vintage Point, one floor for the Senior Center), dimensioned exterior elevations, partial building sections (2 each for Vintage Point, 1 each for Senior Center), exterior details showing windows, doors frames, exterior wood /metal trim, siding, accent stripe, and other details relevant to the re- siding project. Drawings will document locations of mechanical, electrical and plumbing devices mounted to the building exterior. klauder @alaska.net -68- Partial Document Reproduction of the Kenai Senior Center and Vintage Point Fee Proposal: Drawi Reproduction Base Sheet Drawings Sheet No. Sheet Contents Hours A 2.01 First Floor Plans Vintage Point Senior Center 14 A 2.02 Second and Third Floor Plans Vintage Point 10 A 2.03 Soffit Plans Vintage Point Senior Center 8 A 3.01 Building Elevations Vintage Point 18 A 3.02 Building Elevations Senior Center 12 A 3.03 Partial Building Sections Vintage Point 12 A 3.04 Partial Building Section Senior Center 8 A 4.01 Exterior Details Vintage Point 8 A 4.02 Exterior Details Vintage Point 12 A 4.03 Exterior Details Senior Center 1.6 Exclusions and Clarifications: Base Sheet Drawing Hours 118 Proposed Design Fee x $100 per hour= $11,800 This Fee Proposal specifically excludes the following services and expenses: No Engineering Disciplines are included in this proposal. This contract is for Limited Architectural Services only. All architectural design, drafting and coordination beyond the Scope of Work described shall be provided on an hourly rate basis. Additional sub consultant services shall be billed at cost plus 10% to cover coordination and handling expense for Prime Consultant. We shall provide three (3) sets of 11 x 17 As Built documents. All additional sets and any and all 22 x 34 sets shall be billed separately as a Reimbursable Charge for Time and Expense incurred. Expenses for copies, "in- house" review sets, and telephone bills are included in the fee. Page 2 of 3 -69- Partial Document Reproduction of the Kenai Senior Center and Vintage Point If you have any questions, please do not hesitate to contact me. I appreciate this opportunity to be of service. Sincerely, Klauder Company Architects, Inc. Peter Klauder Principal Architect Page 3 of 3 -70- Klauder Company Architects, Inc. 606 Petersen Way, Kenai, AK. 99611 (907) 283 -1919 Fax 283 -0450 Kenai Senior Center and Vintage Point Re- siding Scope of Work, Scope of Services and Fee Proposal Project 1024 Date: August 5, 2010 Kevin Lyon Capital Projects Manager City of Kenai 210 Fidalgo Street Kenai, AK 9961i RE: Kenai Senior Center and Vintage Point Re- siding Dear Kevin Lyon Klauder Company is pleased to submit the following proposal for the Kenai Senior Center and Vintage Point Re- siding Project. After carefully reviewing all the information gathered to date and visiting the site, l have compiled a Scope of Work, Scope of Services and Fee Proposal for this project as follows. Scope of Work Klauder Company Architects shall provide coordination with. the City of Kenai Building Officials, City of Kenai Project Manager, Kevin Lyon, Director of the Senior Center, Rachael Craig, and Building Maintenance Contractor Bill Sadler. The project will consist of re- siding two existing buildings, Vintage Point Senior Housing and the Kenai Senior Center as well as the connecting link between the two. Vintage Point is a three story building of approximately 36,000 sf and the Senior Center is a one story building of approximately 6,500 s£ Existing siding is cottonwood tongue and groove. This proposal assumes that new metal siding will be installed over the existing siding. New metal flashing and trim will be installed where practical. Mechanical and electrical equipment will be removed and reinstalled as necessary and appropriate to work with the new siding. The existing painted accent stripe will be removed and replaced with a metal panel accent stripe. Existing soffits will be retained and painted. Other existing wood components that cannot be practically clad or covered in metal will be repainted. Klauder Co. will select the new color scheme. Existing doors and windows will remain in place and no new doors or windows will be added. The existing roofing will remain in place. The existing cupolas will receive new siding only. Existing vents will remain and might be painted to work with new color scheme. klauder @alaska.net -71- Kenai Senior Center and Vintage Point Re- siding No interior work is anticipated. Scope of Services: Using the As Built AutoCAD base drawings of the existing conditions Klauder Company will develop 65 95% and 100% documents for submittal to the city. Klauder Co. will also prepare Title Sheet and General Information sheet including location and vicinity map, architectural symbols, architectural abbreviations, and drawing index. Klauder Co will prepare and review 65% level Construction Drawings and Technical Specifications and will submit to the Owner. Klauder Co will receive and review the Owner's 65% Review Comments. All Review Comments shall be implemented into the 95% construction drawings and technical specifications. Klauder Co will update the construction drawings, prepare additional construction details as needed and update the technical specifications as necessary for the 95% Construction Documents submittal to Owner. Klauder Co will receive and review the Owner's 95% Review Comments. All Review Comments shall be implemented into the 100% construction drawings and technical specifications. Klauder Co will conduct document quality review and will finalize construction drawings and the technical specifications as necessary for the 100% For Constmetion Documents. The 100% For Construction hard copy documents and electronic PDF files shall be submitted to the Owner for publication and release to bidders. Owner will prepare Bidding Documents, Bonding Requirements, Contract Form, General Conditions, and Supplemental Conditions, and other "boiler plate" documents. Bid Phase and Constr n.ction Phase Services are provided; the fee for these services is estimated as a percentage of the design fee, see Fee Proposal. Fee Proposal: Construction Drawings G 0.00 Title Sheet 2 G 0.01 General Information 8 D 1.01 Demolition Elevations Vintage Point 4 D 1.02 Demolition Elevations Senior Center 4 A 2.01 First Floor Plans Vintage Point Senior Center 12 A 2.02 Second and. Third Floor Plan Vintage Point 12 A 103 Soffit Plans Vintage Point Senior Center 8 A 3.01 Building Elevations Vintage Point 16 A 3.02 Building Elevations Senior Center 1.2 Quality Control Review 4 Color Selection and Presentation 12 Formatting and Printing 1.5 Page 2 of 6 -7 65% Drawing Hours 95.5 Kenai Senior Center and Vintage Point Re- siding 95% Construction Drawings G 0.00 Title Sheet 0 G 0.01 General Information 2 D 1.01 Demolition EIevations Vintage Point 1 D 1.02 Demolition Elevations Senior Center 1 A 2.01 First Floor Plans Vintage Point Senior Center 2 A 2.02 Second and Third Floor Plan Vintage Point 2 A 2.03 Soffit Plans Vintage Point Senior Center 2 A 3.01 Building Elevations Vintage Point 4 A 3.02 Building Elevations Senior Center 2 A 3.03 Partial Building Sections Vintage Point 6 A 3.04 Partial Building Section Senior Center 4 A4.01 Exterior Details Vintage Point 20 A 4.02 Exterior Details Vintage Point 20 A 4.03 Exterior Details Senior Center 20 Quality Control Review 4 Color Selection and Presentation 12 Formatting and Printing 1 100% Construction Drawings G 0.00 Title Sheet 0 G 0.01 General Information 2 D 1.01 Demolition Elevations Vintage Point 0.25 D 1.02 Demolition Elevations Senior Center 0.25 A 2.01 First Floor Plans Vintage Point Senior Center 0.5 A 2.02 Second and Third Floor Plan Vintage Point 0.5 A 2.03 Soffit Plans Vintage Point Senior Center 0.5 A 3.01. Building Elevations Vintage Point 1 A 3.02 Building Elevations Senior Center 0.5 A 3.03 Partial Building Sections Vintage Point 1 A 3.04 Partial Building Section Senior Center 1 A 4.01 Exterior Details Vintage Point 4 A 4.02 Exterior Details Vintage Point 4 A 4.03 Exterior Details Senior Center 4 Quality Control Review 4 Formatting and Printing 1.5 Page 3 of6 -73- 95 %Drawing Hours 103.5 I00% Drawing Hours 25 Total Drawing Hours 224 Kenai Senior Center and Vintage Point Re- siding Technical Specifications Section Number 65% Submittal Hours 95% LQQ% Subtnittal Submittal Hours Hours DIVISION 1 GENERAL REQUIREMENTS 01100 Summary 1.75 0.25 0.25 01230 Alternates None None None Project Management 01320 and 1.25 0.75 0.25 Coordiantion 01330 Submittal Procedures 1.25 0.5 0.25 Controls 01600 Product Requirements L25 0.25 0.25 ans Substitutions 01731 Cutting and Patching 1.5 0.5 0.25 01732 Selective Demolition 1.5 0.5 0.25 01770 Closeout Procedures 1.25 0.25 0.25 DIVISION 6 WOOD AND PLASCTICS Miscellaneous 06105 Carpentry 2.25 0.75 0.5 DIVISION 7- THERMAL AND MOISTURE PROTECTION 07412 Metal Wall Panels 3 0.75 0.5 Siding (Including 07460 Research) 4 1.25 0.5 Sheet Metal and Sheet 07621 Metal 2.25 0.75 0.5 Flashing 07920 Joint Sealant 2.25 0.75 0.5 DIVISION 9 FINISHES 09911. Exterior Painting Page 4 of 6 -74- 2.25 0.75 0.5 25.75 8 4.75 Kenai Senior Center and Vintage Point Re- siding Fee Summary Exclusions and Clarifications: Construction Drawing Hours Technical Specification Hours Total Hours Proposed Design Fee x $1.10 ay. per hour $28,875 Bid and Construction Phase Services estimated at 20% of desio fee 28,875 x 0.2 $5,775 224 hours 38.5 hours 262.5 hours This Fee Proposal specifically excludes the following services and expenses: No Engineering Disciplines are included in this proposal. It is our understanding that all engineering disciplines are beyond the scope of work requested and that should any engineering disciplines be required they shall be addressed through a change order to the contract. No Surveying service is included in this proposal. No Landscape Architect design service is included in this proposal. No Cost Estimating service is included in this proposal. All Permit and Plan Review Fees are excluded from this proposal and shall be paid by others. Fire Sprinkler Protection System modifications are not included in this proposal. Fire Alarm System modifications are not included in this proposal. This contract is for Limited Architectural Services only. All architectural design, drafting and coordination beyond. the Scope of Work described shall be provided on an hourly rate basis, Additional sub consultant services shall be billed at Bost plus 10% to cover coordination and handling expense for Prime Consultant. We shall provide 11 x 17 review sets as needed and three (3) sets of 11 x 17 For Construction documents. All additional sets and any and all 22 x 34 sets shall be billed separately as a Reimbursable Charge for Time and Expense incurred. Expenses for copies, "in- house" review sets, and telephone bills are included in the fee, If you have any questions, please do not hesitate to contact me. I appreciate this opportunity to be of service. Page 5 of 6 -75- Kenai Senior Center and Vintage Point Re- siding Sincerely, Klauder Company Architects, Inc. Peter Klauder Principal Architect Page 6 of 6 -76- ea' of IEN Al, ALASKA Sponsored by: Administration and Building Official CITY OF KENAI ORDINANCE NO. 2514 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 4.30.015, LOCAL AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 2008, TO ALLOW THE USE OF NON- METALLIC CABLE IN TYPE III, IV, AND V CONSTRUCTION AS OTHERWISE PERMITTED IN 334.10(3) OF THE NATIONAL ELECTRICAL CODE 2008. WHEREAS, the City adopted the National Electrical Code 2008 for the purpose of establishing standards governing the installation of electrical cable within or on public and private buildings and premises within the City; and, WHEREAS, as part of the process of adopting the National Electrical Code 2008, the City made certain additions, deletions, and amendments to that national code and those changes are reflected in KMC 4.30.015 as local amendments to the national code; and, WHEREAS, through making local amendments to the National Electrical Code 2008, the City deleted a standard in section 334.10(3) of the national code and thereby prohibited the use of non metallic cable in certain types of commercial construction known as Type III, IV, and V construction, a type of construction made from all wood or from other combustible materials; and, WHEREAS, section 334.10(3) of the National Electrical Code 2008 permits the use of non metallic cable in Type III, IV, and V construction if the cables are concealed in walls, floors or ceilings so as to provide physical protection from direct contact or fire; and, WHEREAS, this use of non metallic cable is presently permitted for use in residential structures where it is deemed to be safe and sufficiently protective of public health and safety; and, WHEREAS, the City's Building Official recommends that the City apply section 334.10(3) to permit the use of non metallic cable in Type III, IV, and V commercial construction because non metallic cable is among the most inexpensive and readily available wiring methods and because its use will not compromise public safety where properly installed in accordance with section 334.10(3); and, WHEREAS, by including section 334.10(3) as a portion of the National Electric Code 2008 adopted by the City, the City's standard will also be consistent with the State of Alaska NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: New Text Underlined [DELETED TEXT BRACKETED] -77- Ordinance No. 2514 -2010 Page 2 of 4 Section 1. Form, This is a Code ordinance. Section 2. Amendment of Section 4,30.015 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.30.015, Local Amendments to the National Electrical Code 2008, is hereby amended as follows: 4.30.015 Local Amendments to the National Electrical Code 2008. 210.8(B) Other than dwelling units. Add paragraphs 210- 8(B)(6) and 210- 8(B)(7) as follows: (6) Outdoors where accessible from ground level. (7) Within 6 feet of the outside edge of a sink. 210.23(E) Outlets per circuit. Add a subsection (E) to Section 210.23 to read as follows: Outlets per circuit. In dwelling units, no more than 13 outlets are allowed on one branch circuit. All smoke detectors on a circuit may be counted as a total of one outlet. Appliance circuits are limited to six duplex receptacles per circuit. Exception: Fixed lighting circuits designed to meet the appropriate sections of the code. 250.118 Types of equipment grounding conductors. Delete subsections. (21 that (141 and replace with: (2) The copper sheath of mineral insulated, metal- sheathed cable. (3) Metal enclosures of busways listed for grounding. 300.4 Protection against physical damage. Amend by adding new subsection (G): (0) Roofs. Raceways run on the surface of a roof or subject to damage from snow, ice, or foot traffic, shall be rigid metal or intermediate metal conduit only. 300.4(H) Protection against physical damage. Add a new subsection (H): New Text Underlined' [DELETED TEXT BRACKETED[ _78_ Ordinance No. 2514 -2010 Page 3 of 4 (H) Roofs. Raceways run on the surface of a roof or subject to damage from snow, ice, or foot traffic, shall be rigid metal or intermediate metal conduit only. 310.13 Conductor construction and applications. Amend by adding the following sentence to the end of the section: Thermoplastic type insulation shall not be installed when the temperature is less than -7C (20F). [334.10 USES PERMITTED. DELETE THE FOLLOWING SUBSECTION: (3) OTHER STRUCTURES PERMITTED TO BE OF TYPES IIL IV AND V CONSTRUCTION, EXCEPT AS PROHIBITED IN SECTION 334.12. CABLES SHALL BE CONCEALED WITHIN WALLS, FLOORS, OR CEILINGS THAT PROVIDE A THERMAL A BARRIER OF MATERIAL THAT HAS AT LEAST A 15- MINUTE FINISH RATING AS IDENTIFIED IN LISTINGS OF FIRE -RATED ASSEMBLIES.] 334.16 Non metallic- sheathed cable; installation; installation temperature. Add a new section as follows: 334.16 Installation temperature. Non metallic- sheathed cable shall not be installed when the temperature in the building or work area is below 20 degrees Fahrenheit -70). 410.17. Other closet or storage spaces. Add a section 410.17: 410.17 Other closet or storage spaces. Luminaries shall meet the location requirements for clothes closets or be of a totally enclosed fluorescent or LED type. 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. New Text Underlined; 'DELETED TEXT BRACKETED' -79- Ordinance No. 2514 -2010 Page 4 of 4 Section 4. Effective Date: Pursuan t to KMC 1.15.070W, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED[ PAT PORTER, MAYOR Introduced: October 6, 2010 Adopted: October 20, 2010 Effective: November 20, 2010 the of KENAI ALASKA MEMO: Rick, e with a Past, City with a Future" TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: September 28, 2010 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 SUBJECT: ORDINANCE NO, 2514-2010; CHANGES TO LOCAL AMENDMENTS TO THE NATIONAL ELECTRIC CODE 2008 This memo is in support of Ordinance No. 2514 -2010 which will restore subsection 334.10(3) of the National Electric Code 2008. The City had adopted the National Electric Code 2008 in April 2009. However, through local amendments, subsection 334.10(3) of the National Electric Code 2008 was not ad by th C.it This was consistent w ith th cit of Anchorage which also deleted paragraph 334.10(3) by local amendment in their adoption of the National Electric Code 2008. The City's deletion of subsection 334.10(3) of the National Electric Code 2008 prohibited the use of non metallic cable in certain types of commercial construction known as Type III, IV V construction, a type of construction made of wood or other combustible materials. The use of non metallic cable is presently permitted for use in residential structures where it is deemed to be safe and sufficiently protective of public health and safety. The Building Official recommends that City restore subsection 334.10(3) to permit the use of non metallic cable in Type III, IV and V commercial construction, He believes that this non metallic cable is among the most inexpensive and readily available wiring methods. He also believes that this will not compromise public safety where it is properly installed in accordance with section 334.10(3). The City's inclusion of subsection 334.10(3) in the National Electric Code 2008 by ordinance will make the City consistent with the State of Alaska. ATTEST: Carol L. Freas, City Clerk Approved by Finance CITY OF KENAI ORDINANCE NO. 2515 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,600.00 IN THE GENERAL FUND FOR THE PURCHASE OF LAND FOR A PUBLIC AND /OR CHARITABLE USE. WHEREAS, the City of Kenai desires to purchase Government Lots 121, 165 and 166, Section 31 T6N R11W, Seward Meridian excluding the Kenai Spur Highway Right -of- Way, Kenai, Third Judicial District (the Property) as a potential site for a municipal well site and wellhead protection area, greenbelt, pedestrian pathway and conservation and /or public recreation purposes; and, WHEREAS, pursuant to AS38.05, the State of Alaska, Department of Natural Resources, Division of Mining, Land and Water issued a notice to proceed for the sale of the Property in the amount of $3,500.00, plus a $100.00 document handling fee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $3,600.00 Increase Appropriations: Land Administration Land $3,600.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. PAT PORTER, MAYOR -82- Introduced: October 6, 2010 Adopted: October 20, 2010 Effective: October 20, 2010 MEMO: "Village with a Past, Cit with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manage DATE: September 27, 2010 SUBJECT: Ordinance No. 2515 -2010 Purchase of Land for a Public and Charitable Use The purpose of this correspondence is to provide information regarding the above ordinance and to provide the proposed draft resolution authorizing the purchase of the above property from the State of Alaska. The proposed draft resolution is intended to travel with Ordinance No. 2515 -2010. fa, 1991 In 2007, the City, as a preference right applicant, applied to the State to acquire the property shown on the attached map, for a public and charitable use. The State issued a preliminary decision approving the City's request to purchase the property in 2008, and, after a public notice process, the State issued a Final Finding and Decision to approve the sale of the Property to the City subject to the State's reservation of a reversionary interest in the property if it is ever used for anything other than for a public purpose. The approval of the Final Finding and Decision required the City to conduct an Alaska State Land Survey of the Property in order to move forward with the purchase. Additionally, KMC 22.05.135(a) requires that the City obtain an appraisal of property prior to authorizing a purchase. Based on the Scope of Work for this property, which required identification of significant archeological sites with reservation zones (or limited development areas) encompassing those sites, a two step appraisal was required which would also include a location of the archeological sites since they were not delineated on any maps provided by the State. The Summary Appraisal Report prepared by Derry Associates, Inc. dated August 30, 2010 valued the property at $20,000.00 and included, under separate cover as requested by the State (the current owner), the locations and photos of the archeological sites for the City's private consideration. -83- The total amount the City has expended to date toward the acquisition of the referenced property is as follows: Application Fee $100.00 Reimbursement of advertising cost of Public Notice $481.66 Survey Instructions Fee $225.00 Survey $8,866.00 Appraisal $3,050.00 TOTAL $12,722.66 To proceed with the purchase of the property, the City must provide the attached Declaration of Intent, pay a $100.00 document handling fee, and pay either the full purchase price of $3,500.00 or a minimum deposit of 5% of the purchase price in order to enter into a contract for sale with the State by October 22, 2010. Attachments -84- C cit of KENAI, ALASKA WHEREAS, KIM 22.05.135(a) sta CITY OF KENAI RESOLUTION NO. 2010-* the following: -85- Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF' APPROXIMATELY 4.234 ACRES OF PROPERTY DESCRIBED AS GOVERNMENT LOTS 131, 165 and 166, SECTION 31, T6N, R11W, SEWARD MERIDIAN, KENAI, ALASKA FROM THE STATE OF ALASKA, FOR $3,500.00, FOR A MUNICIPAL PRODUCTION WELL SITE AND WELLHEAD PROTECTION AREA, GREENBELT, PEDESTRIAN PATHWAY AND CONSERVATION AND /OR OTHER PUBLIC RECREATION PURPOSES. WHEREAS, property described as Government Lots 121, 165 and 166, Section 31, T6N, R11W, Seward Meridian, excluding_the ISenai Spur Highway Right -of -Way, Kenai, Third Judicial District (the Property) as a' potential site for a municipal well site and wellhead protection area, greenbelt, pedestrian pathway and conservation and /or other public recreation purposes; and, WHEREAS, the Property is owned by the State of Alaska and managed by the Department of Natural Resources; and, WHEREAS, in 2007, the City, as a preference right applicant, applied to the State to acquire the Property for a public and charitable use; and, WHEREAS, pursuant to AS38.05, the State of Alaska, Department of Natural Resources, Division of Mining, Land and Water issued a notice to proceed to purchase of the Property in the amount of $3,500.00, plus a $100.00 document handling fee; and, The city, by authorization of the city council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof; and, WHEREAS, the City has obtained a Summary Appraisal Report prepared by Derry Associates, Inc, dated August 30, 2010 valuing the Property at $20,000.00; and, WHEREAS, under AS3S.05.010, the deed of conveyance shall contain a reversionary interest if the land is used for anything other than a public purpose. Resolution No. 2010-* Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai authorizes the purchase of approximately 4.234 acres of property described as Government Lots 131, 165 and 166, Section 31, T6n, Rllw, Seward Meridian, Kenai, Alaska from the state of Alaska, for $3,500.00, for a municipal production well site and wellhead protection area, greenbelt, pedestrian pathway and conservation and /or other public recreation purposes. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. ATTEST: Carol L. Freas, City Clerk -86- PAT PORTER, MAYOR New Text Undedined•IDELETED TEXT BRACKETED] 405 3 0 72 1404 1407 1403 IKAIKASUBD. KN 93 -7 1. 2 1406 112 1404 1403 1401 1 -A 2 -A 0 2 -B 11 1402 FIRST AVE GOVT. LOT 162 12080 GOV'T. LOT 42 GOV'T LOT 41 GOVT. LOT GOVT. LOT 65 64 GOVT. LOT GOVT. LOT 89 88 73 1396 1397 92 113 1386 1307 132 Kenai Spur Highway TR. A GOVT. LOT 74 91 114 GOVT. LOT 63 GOV'T. LOT 62 GOVT. LOT 84 GOVT. LOT 85 GOV'T. LOT 87 GOVT. LOT 86 87 U DI z 2 0 90 115 Subject Parce 1215 AREHOUSE 2 6212 GOVT. LOT 32 THIRD AVE 1239 1205 UBD 89 88 1211 129 3 2 3 T J 1210 1206 1204 I� 117 1207 128 GOVT. LOT 28 J DORENDA CT 0� 1202 1201 1 8 t c 2 70 Division of Mining, Land Water File No AN INCOMPLETE AND /OR UNSIGNED APPLICATION MAY DELAY PROCESSING. Purchaser 1: Print Last Name, First Name, Mailing Address City Contact Phone No. Alternative Contact Phone No. (You may list this on Page 4) Date of Birth E -mail Address (optional) Are you a U.S. Citizen? Yes No If you are not a U.S. citizen, you must provide your Alien registration No, and submit a completed IRS form W8-VEN, available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? Purchaser 2: Print Lan Name, First Name, Mailing Address City STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES [DIVISION OF MINING, LAND AND WATER CONTRACT ADMINISTRATION ATWOOD BUILDING, 550 WEST 7 AVENUE, SUITE 640 ANCHORAGE, ALASKA 99501 -3576 Middle Initial Suffix State hip Code Middle Initial Suffix State hip Code Contact Phone No. Alternative Contact Phone No (You may list this on Page 4) Date of Birth E -mail Address (optional) DECLAR4TION OF INTENT Are you a U.S. Citizen? Yes If you are not a U.S. citizen, you must provide your Alien registration No. and submit a completed IRS form W8 -VEN, available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? -88- ADL Number Marital Status (check one) Single Person Married Person 11 Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Type of Title (check one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually Yes No. Yes No. Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Marital Status (check one) Single Person Married Person Type of Title (check one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually Page of 4 Purchaser 3: Print Last Name, First Name, Mailing Address City Contact Phone No: Alternative Contact Phone No. (You may list this on Page 4) Date of Birth E -mail Address (optional) Are you a U.S. Citizen? Yes No If you are not a U.S. citizen, you must provide your Alien registration No. and submit a completed IRS form W8 -VEN, available from DNR offices. Alien Registration No. Are you applying for a Veteran's Discount under AS 38.05.940? How do you want to pay? Please check either CONTRACT or PAYOFF. Payment options include money order, check, or credit card. Required credit card info on separate page. CONTRACT: PAYOFF: Down Payment Enclosed (19) +Document Handling Fee individual $100,00 (53) For aTOTA -L of 5 **DOWN PAYMENT AMOUNT MUST SE AT LEAST 5% OF THE PURCHASE PRICE. The Contract will provide a monthly level payment basis u [less the department determines a quarterly or annual payment is more administratively efficient, according to the following financed principal amounts pursuant w 11 AAC 67.875: 1. $2;000.00 or less must be paid in full; 2. $2,000.01 to 59,999.99, not more than 5 years; 3. $10,000.00 to 514,999.99, not more than 10 years; 4. $15,000.00 to $19,999.99, not more than 15 years; 5. $20,000.00 or more, not more than 20 years. PLEASE NOTE: Transferring, or attempting to transfer ownership of this parcel without prior written approval from the State of Alaska or receipt ofa final conveyance document (Patent or Ouit Claim Deed) is prohibited Signature, Purchaser 1 Signature, Purchaser 2 Signature, Purchaser 3 Middle Initial Suffix State Zip Code DECLARATION OF INTENT -89- Business Organization or Trust (For Over -the- Counter purchases only) (Do not check marital status) Marital Status (check one) Single Person Married Person Type of Title (check one) (See explanation on Page 3) Husband and Wife as Tenants by the Entirety Husband and Wife as Tenants in Common Other persons as Tenants in Common Title taken Individually Yes No Arnount Enclosed (19) Document Handling Fee individual 5100.00 (53) For a TOTAL of 5 Date Date Date 102 -4039 (Rev. 10/06) Page2of4 DECLAMATION OF INTENT AS 30.05.035(a) authorizes the director to decide what information is needed to process an application for the sale or use of state lend and resources. This information is made a part of the state public Band records and becomes public information under AS 40.25.100 and 40.25320 (unless the information qualifies for confidentiality under AS 38.05.035(x)(9) and confidentiality is requested). Public information is open to inspection by you or anymember of the public, A person who is the subject of the information may challenge its accuracy or completeness under AS 44.99.310, by giving a written description of the challenged information, the changes needed to correct it, and a name and address where the person can he reached. False statements made in an application for a benefit are punishable under 451 1.56.210. DECLARATION OF INTENT INSTRUCTIONS AND DEFINITIONS O Use extra forms if more than three parties are to be part of the contract or title documents. e Veteran's discount applicants: please provide a copy of your Form DD 214 showing character of discharge and length of service. You must currently be an Alaska resident and have been a resident for one year preceding the date of sale; submit proof of such residency. If there is more than one purchaser, all purchasers must be residents and submit proof of residency. If co- purchasers are eligible veterans, only one purchaser need submit their DD 214; however, all purchasers will have exhausted their once -in -a- lifetime veteran's land discount. Organizations such as Trusts, Limited Liability Companies, or Corporations are not individuals, and are not required to disclose the marital status of the partners. Type of Title Husband and wife, as tenants by the entirety. This is only available for married persons, e.g., "John Q. Smith and Deborah R. Smith, husband and wife, as tenants by the entirety". The law presumes tenancy by the entirety for a husband and wife unless it is expressly declared otherwise. (AS 34.15.110) Husband and wife, as tenants in common. A husband and wife can choose to purchase property together as tenants in common. A husband and wife are encouraged to seek the services of an attorney before selecting this form of tenancy. Other persons as tenants in common. Those persons who wish to purchase property together can do so as tenants in common. It is possible for each person to have a different marital status. This example illustrates a possible combination, e.g., "William P. Jones, a married person, Sandra S. Smith, a single person, and Andrew X. Read and Barbara A. Read, husband and wife; tenants in common." There is no right of survivorship for the tenants under this type of tenancy. Title taken individually. Ilan application has just one purchaser, whether single or married, that person would select this option. It may be advisable to seek the services of an attorney tf you have concerns about how your estate and property are affected by the above types of tenancy. 102 -4039 (Rev. 10/06) Page 3 of4 -90- Social Security information will not become public information from submission of this form. These are utilized as required identifiers for the customer information database, revenue and billing reporting system, and to report paid loan interest to the controct holder and the Internal Revenue Service. Billing address: Purchaser 1- Name Social Security Number Date of Birth Purchaser 2 Name Social Security Number Date of Birth Purchaser 3 -Name Social Security .Number Date of Birth Credit Card Users: This authorization constitutes an unconditional promise to pay the amount due from Page 2. This authorization includes consent to adjust the amount charged if the amount you specify is less than the required 5% of the deposit amount. If at the time your Declaration of intent form is processed we are unable to obtain authorization to charge against the credit card presented due to specific limitations of the account, your application may be declared void. Please make prearrangements with your financial institutions to ensure funds will be available at the time of payment. Check one VISA Credit Card Number *'This page will be destroyed when Revenue and Billing reporting data is established II Master Card DECLARATION OF INTENT SOCIAL SECURITY NUMBER CREDIT CARD PAYMENT II I 1 it 1111(11' -91- Customer name on card: 1 Expiration Date: Zip code: Verification Code Amount of Charge: S Signature: Contact Phone Number: Credit card information will not become public information, This page will be destroyed after payment has been processed 102 -4039 (Rev. 10/06) Page 4 of 4 MEMO NDUM TO: FROM: DATE: SUBJECT: Villa ge with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 1110 1 Mayor Porter and City Councilors Krista S. Stearns, City Attorney /0" September 29, 2010 Vintage Pointe Congregate Housing Settlement of Insurance Claim Attached is a release relating to the settlement of the City's claim against of a contractor who installed a fire protection system at the City's Vintage Pointe congregate housing facility. In December 2009, shortly after a new sprinkler system was installed at Vintage Pointe, a pipe burst at a low point in the system, flooding several apartments and areas of the facility. The City tendered the matter to the contractor's insurance carrier and negotiations ensued for repair and compensation to the City. The Council was previously informed of the administration's offer and acceptance of the $175,000 as a final payment figure for complete compensation to the City. The insurance carrier previously paid $6,833.25 for some of the initial costs to remediate water damage at the premises. Through payment of an additional $175,000, the administration believes that the City will be fully compensated for any and all losses arising out of the 2009 sprinkler system failure. Receipt of payment is contingent upon the City releasing all of its claims for damage due to the incident against the insurance carrier, Everest Indemnity Insurance Company, and the contractor, Alaska Automatic Fire Protection, Inc. If the Council agrees, the City cannot expect to recover any other money from either the insurance carrier or the contractor due to this sprinkler system failure A copy of a draft release is attached for your review. The administration recommends this settlement of the City's claim. If the Council agrees, a motion in the following form, or something similar, would be appropriate: -92- 1993 Mayor Porter and City Councilors September 29, 2010 Page 2 of 2 I move to settle the City's claim for damages arising out of the December 2009 flood for a one -time payment of $175,000 (plus the $6,833.25 previously paid) and authorize the City Manager to sign a release of all claims between the City and Everest Indemnity Insurance Company and Alaska Automatic Fire Protection, Inc. KSS /jvh VintagePointe /S ettlementOftns.memo -93- RELEASE OF CLAIMS This Release of Claims is made between the City of Kenai, Alaska, whose address is 210 Fidalgo Avenue, Kenai, AK 99611, and Everest Indemnity Insurance Company (EIIC), whose address is and Alaska Automatic Fire Protection, Inc. (AAFP) whose address is P. O. Box 3486, Palmer AK 99645. For and in consideration of the EIIC's payment to the City of Kenai of One Hundred and Seventy Five Thousand Dollars US ($175,000), and for other good and valuable consideration (including an additional joint check to Mizera's Steamway and the City of Kenai in the amount of $6,833.25, and dated May 10, 2010), the City of Kenai and its employees, officers, successors, assigns, insurers, and re- insurers (collectively Releasor) hereby releases and forever discharges both EEIC and AAFP, and each of their respective employees, officers, directors, successors, assigns, insurers, and re- insurers (collectively Releasees) from any and all claims, demands, actions, causes of action, lawsuits, and controversies of every kind and nature for any and all damages and losses of every kind and nature, whether presently known or unknown, suspected or unsuspected, disclosed or undisclosed, arising directly or indirectly out of a December 21, 2009 failure of fire suppression equipment installed by AAFP during the summer of 2009 and resulting in water damage to the City's Vintage Pointe congregate housing facility. Releasor acknowledges and agrees that payment is made in full settlement and satisfaction of any and all damages so sustained by it resulting from the incident of December 21, 2009. Releasor further understands that the nature and /or extent of any claim which it might have against Releasees may substantially change or worsen in the Release of Claims Page 1 of 3 -94- future, and it is Releasor's intent to unequivocally release and discharge Releasees from any and all claims, accrued or which may accrue in the future, in connection with or related to Releasor's damages arising out of the December 21, 2009 failure of fire suppression equipment resulting in water damage to the Vintage Pointe housing facility. This release contains the entire agreement between Releasor and Releasees. Releasor warrants that the terms of this Release have been competently read and are voluntarily accepted; that it is not executing this Release as a result of financial disadvantage; that no promise or inducement has been made except as herein set forth; that this Release is executed without reliance upon any statement or representation by Releasees considering the nature and extent of the City of Kenai's damages or the legal liability, the financial responsibility or status, or the assets of Releasees. The undersigned affirms that he is authorized by Releasor to execute the foregoing Release agreement on behalf of the Releasor and that he has executed the same freely and voluntarily as the free act and deed of Releasor. DATED: CITY OF KENAI By: Rick Koch City Manager Release of Claims Page 2 of 3 -95- STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, the foregoing instrument was acknowledged before me by RICK R. KOCH, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Approved as to form: Krista S. Stearns, City Attorney VintagePointe .Rdease0fClaims09242010 Notary Public for Alaska My Commission Expires: Release of Claims Page 3 of 3 -96- KENAii ALASKA v MEMO: Thank you for your attention in this matter. "Village with a Past, Cc with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 i Telephone: 907 283 -7535 FAX: 907 283 -3014 I I I 1997 TO: City Council FROM: Rick Koch DATE: September 30, 2010 SUBJECT: Vintage Pointe Congregate Housing Settlement of Insurance Claim The purpose of this correspondence is to recommend Council approval of the above referenced settlement. The total proposed settlement to the City is $181,833. The Administration estimates the cost of the repairs to Vintage Point to be $150,974.02, or $30,85838 less than the proposed settlement. The $30,858.98 will be used as project contingency. We do not anticipate any substantial increase in the scope of work given the detailed investigation which was performed in determining the extent of the water damage. A portion of the contingency may be used to address ADA compliance issues as a part of this project. Attached is a spreadsheet showing the financial analysis for the settlement. -97- Vintage Pointe Water Damage Financial Analysis of Insurance Settlement Vintage Pointe Water Damage Repair Description Preliminary Damage Report Initial Response Mizera's Steam Way Initial Response Water logged Insulation City Hours Design Project Management Administration Construction Total Estimate Water Damage Repair $1,500.00 $6,833.00 $415.72 $2,797.20 $15,000 58,700.00 $127,274.02 $150,974.02 Funding Insurance Initial Insurance Settlement Pending Total Insurance Contingency -98- $6,833.00 $175,000.00 $181,833.00 $30,858.98 ICE NAI, ALASKA TO: Mayor/ Council Members FROM: Carol L. Freas, City Cler DATE: September 30, 2010 cif 1411age with a Past, Giy with a Fall -re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM RESCHEDULING REQUEST November 17, 2010 Council Meeting This item was placed on the agenda at the request of Council Member Marquis. Reasons for the request are: The Newly Elected Officials (NEO) Seminar is scheduled to be held November 15 -16, 2010. It would be difficult for any newly elected Council. Members to choose between the NEO Seminar (which is extremely valuable for any newly elected official to attend) and one of their first council meetings Alaska Municipal League Conference (AML) will begin on November 17, 2010 and several Council Members have stated interest in attending at least a portion of the conference if not all and reluctant to miss a meeting. [Remember, attendace by teleconferencing is limited to two Council Members at the same meeting (KMC 1.15.130(b).] KMC 1.10.040 states, 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. Dates to consider for rescheduling would be: Monday, November 22 Tuesday, November 23 Wednesday, November 24 (Thanksgiving Eve and packet day for the December 1, 2010 Council Meeting). The normally scheduled Planning Zoning Commission meeting was cancelled. Does Council wish to reschedule the November 17, 2010 Council Meeting? If so, to what date? -99- Sunday Mnriday 1 T uesday 2 ELECTION DAY Library Commission Meeting, 7p, Council Chambers 1 Wednesday 3 CITY COUNCIL MEE11NG 7P, COUNCIL CHAMBERS Thursday 4 /4; lfe-+° Uy6 L L� 7 Harbor Commission Meeting, 7p, Council Chambers 9 10 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 11 HOLIDAY/CITY OFFICES CLOSED 12 14 1 5 16 17 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 18 Mm�MO, o,cW'n, cn.mm� CaMOen- m.tn nO SCHEDULED CountlIon Agin ew,n. 19 20 21 i 22 23 24 PLA C•l 'n CHAMBERS CHAMBERS 1: Zit, 1 SION ING, 7P, OUNCE 25 HOLIDAY /CITY OFFICES CLOSED 26 HOLIDAYICITY OFFICES CLOSED 27 28 29 30 Oa2p1U S M T W T P S Dec 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 1718.19 20 21 22 23'. 24 25 26 27 28 29 30 31 12 i 5 6 7$ 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November 201 COUNCIL /COMMISSION MEETING CALENDAR -100- TO: Mayor and Council Members FROM: Carol L. Freas, City Cl DATE: October 6, 2010 RE: t he clty °I KENAI, ALASKA N om Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM ITEM G-7, DISCUSSION /ABSENTEE VOTING PROCEDURES/INCONSISTENCIES IN CITY ELECTION October 6, 2010 Council Meeting Background The process of providing absentee by -mail ballots involves the voter completing and submitting a request application either through the City Clerks office or the Kenai Peninsula Borough Clerks Office (if using the Borough's form, a voter may request both the Borough and Kenai, Soldotna or Seward ballot as well and a copy of the application is forwarded to the City Clerks Office). After verification the applicant is registered, resides in the City, verification of the applicants identifier, a City of Kenai ballot is forwarded to the address requested for receiving the ballot (with the same application, the voter may opt to apply for an absentee ballot by fax). Another factor prior to mailing the ballot, is whether the ballot request is received prior to the deadline which has been used for many years: seven (7) days prior to the election. This year the deadline was September 28, 2010. The Inconsistency On September 29, 2010 I received two applications forwarded from the Borough (the Borough's form). Both had been received by the Borough on September 28. Having the ballot received by the borough on the 28th and received in this office on the 29th led me to first verify the deadline date by checking the Borough's application form, the City of Kenai application form and counting backwards from election day to identify the deadline date. In discussing the issue with City Attorney Stearns, we agreed the voter submitted the applications timely and in good faith and though they were received in this office on the 29th, City ballots should be provided to those voters and were mailed out that day. During the 'deadline' discussion, further research was made by comparing the Borough and City codes. This research found an inconsistency between the Borough and City codes: a seven -day deadline specified in the Borough code, however the City Memorandum /Election Page 2 of 2 code refers to the State Statute and the State Statute deadline is ten (10) days prior to an election. City Attorney Stearns has researched this issue further. A ten -day deadline was September 24, 2010. Six ballots were mailed after September 24. Procedure 1. We will divide the absentee, personal needs, and questioned ballot envelopes into three groups: Group 1 will be all those envelopes not a part of the inconsistency issue, Group 2 will be the four ballot envelopes (if all are returned) mailed after September 24, and Group 3 will be the two ballot envelopes mailed on September 29. 2. The Canvassing Board will meet on October 12. The Canvassing Board's review will include checking registration, determining if voter resides in the City, if the ballot envelope was signed by the voter and witnessed, and that the voter did not vote by another means (at the polls, at a different Absentee Voter site, etc.). Ballot envelopes may be rejected during this review. When the review is complete, the rejected envelopes are separated and not opened. Those envelopes passing review are then opened and the ballot, still in its secrecy sleeve, is separated from the voter envelope. The ballots are then removed from the sleeve and placed in a pile, shuffled, and then stacked for feeding through the voting machine. 3. The Canvassing Board will first conduct its canvass of the Group 1 ballot envelopes and set the ballots aside for counting. 4. The Canvassing Board will conduct its canvass of Group 2 and set the ballots aside for counting. S. The Canvassing Board will conduct its canvass of Group 3 and set the ballots aside for counting. 6. Group 1 ballots will be counted and placed in an envelope. r Group 2 ballots -will be COUnwu after all Of Group i 'ballots are counted in order to be identified as the next -to -last group counted on the machine's printout. Group 2 ballots, along with the voter envelopes, will be placed in a separate envelope to be available if any candidate wishes to challenge the outcome of the election. 8. Group 3 ballots will be counted after Group 1 and 2 in order to be identified as the last group counted on the machine's printout. Group 3 ballots, along with the voter envelopes, will be placed in a separate envelope to be available if any candidate wishes to challenge the outcome of the election. clf MEMO NDUM TO: FROM: DATE: SUBJECT: October 6, 2010 FACTUAL BACKGROUND KMC 6.05.140 .150. "V'llaye with a Past, City with a Future" 1 r 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 Carol Freas, City Clerk Krista S. Stearns, City Attorney Canvassing of Absentee Ballots As Chair of the City of Kenai's Canvassing Board for municipal elections you have asked for direction regarding the counting of certain ballots cast in the October 5, 2010 municipal election. Due to the importance of voting in our representational system of government, and in the interests of conducting free and fair elections and to preserve public confidence in that process, you should consider this opinion public. Absentee voting is penritted in City of Kenai elections i se ways, including absentee voting in person, by mail, by personal representative, and by facsimile. Kenai Municipal Code section 6.05.150 sets forth the general rules for applying for an absentee ballot and states that "[t]he dates for making such applications for absentee ballots in City elections shall be the same as the dates for making such applications for absentee ballots in State elections." The City's deadline for voters to make application for absentee voting by mail was seven days before the election, September 28, 2010. This deadline was advertised to the public at several locations, including on the City's website, on the City of Kenai's 2010 Absentee Ballot Application, and also on the Borough Clerk's 2010 Absentee Ballot Application. The Borough's application allows a voter to make application for absentee ballots for Borough and for various city elections held within the Borough. The City has 2 The City of Kenai, as well as the cities of Seward and Soldotna, allow voters to submit absentee ballot applications through the Office of the Borough Clerk. This Carol Freas, City Clerk October 6, 2010 Page 2 of 6 historically used a seven -day deadline for voters to make application for absentee ballots by mail. This is the same deadline used by the Borough for Borough elections. On September 29, 2010, you received two absentee ballot applications for voting by mail from the Borough. The applications clearly show that the voter made the application on the Borough Clerk's 2010 Absentee Ballot Application form, that the voter requested a City of Kenai Ballot, and that the voter filed the application with the Borough on September 28, the due date set by the City. The City, however, did not physically receive those applications until the morning of September 20 when the Borough Clerk's office faxed the applications to the City. You contacted me to determine whether the City could accept those applications and mail the absentee ballot for voting by mail. In the course of reviewing this question, I identified an inconsistency between the City's deadline used for making application for absentee ballots for voting by mail and the State of Alaska's deadline for voters to make application for absentee ballots for voting by rnail. Although the City has historically used a seven -day deadline, current State election law calls for a 10 -day deadline for acceptance of absentee ballot applications for voting by mail. The result of the difference is that City of Kenai voters were provided three extra days to request a absentee ballot by mail. Accordingly, you have asked for guidance regarding whether or not the Canvassing Board can count ballots cast from voters who requested a ballot later than 10 days before the election. There are up to six absentee ballots by mail that were requested by voters between the City's 7 -day deadline and the State's earlier 10 -day deadline A subset of procedure was established some years ago in order to ease the administration of absentee voting for voters. 3 AS 15.20.081(b). I have concluded that the State's current deadline of 10 days applies. Because of the language used in the City's Code, however, it is very difficult to determine exactly what State deadline the City adopted in terms of accepting applications for absentee ballot by mail and there are competing legal doctrines which guide this analysis. There is a legal argument under the non delegation doctrine that the City should apply the deadline set by the State when the Council first adopted this ordinance language in 1963 or, possibly, when it amended KMC 6.05.150 in other respect in 1995. In both 1963 and in 1995the State set a four -day deadline. AS 15.20.100 (sec. 4.10 ch 83 SLA 1960); AS 15.20.081(b) (am 8 11 ch 67 SLA 1989). If a four -day deadline were to apply, then the applications at issue here would unquestionably be timely and should be accepted barring other disqualifications. 4 There may be fewer ballots that fall into this category when the Canvassing Board meets. Experience tells us that not all absentee ballots that are requested are returned. Carol Freas, City Clerk October 6, 2010 Page 3 of 6 these ballots are the two ballots received by the Borough on September 28 and physically received by the City offices on September 29, 2010. Finally, you have asked for additional guidance about how the Canvassing Board should address absentee ballots received without a postmark. ANALYSIS The issue presented is whether certain classes of votes are properly counted in the City's October 5, 201.0 election. The Canvassing Board's obligation under City and State election law is to determine if a vote was cast in compliance with the requirements of the City's election law. Each class of votes that you have identified is discussed below with a recommendation to the Canvassing Board. The analysis below assumes that all other requirements of voting have been met, such as compliance with residency and witness and voter signature. Mail -In Absentee Ballot Requests Made Between 7 and 10 Days of Election Because the error here is one of the election official, and not of the voter, and because the error did not violate provisions of election laws designed to insure the integrity of the electoral process, I recommend that the ballots be counted. 6 The Canvassing Board should, however, segregate these ballots from the general ballot population.' By segregating the ballots, there will be no guess work about the impact of the votes on the election should a recount appeal be filed. The voters requested absentee ballots by mail i good faith haczed up a n ad deadline of making an application by seven days before the election. If the ballots are returned, the ballots should be counted. In Willis v. Thomas, the Alaska Supreme Court upheld a decision to count the votes of two voters whose names did not appear on the voter list due to a failure by the registrars of voters to send the application for voter registration to the State Division of Elections. The court held that the error was solely on And, it is possible that some of those ballots could be rejected on other grounds such as residency. 5 Fisher v. Stout, 741 P.2d 217, 220 (Alaska 1987) (quoting Willis v. Thomas, 600 P.2d 1079, 1082 (Alaska 1979)). 6 Finkelstein v. Stout, 774 P.2d 789, 791 -92 (Alaska 1989); Willis v. Thomas, 600 P.2d 1079, 1087 (Alaska 1979). 7 My understanding is that there are a few ways the Canvassing Board can do this and still reasonably protect the privacy of the vote of each voter. Carol Freas, City Clerk October 6, 2010 Page 4 of 6 the part of the election officials and the vote should count. This decision was affirmed in at later case where a voter's registration forms were lost and the voter was forced to vote a questioned ballot. In another Alaska Supreme Court case, the court expanded on this concept and discussed examined the source of an illegality in a vote as a factor in detelnlining whether to accept or reject a ballot. The court recognized that a voter has an interest in having his or her vote counted and that interest "stands on a high level where the source of the illegality lies with election officials. In contrast, where the voter violates provisions designed to insure the integrity of the electoral process, "the public has a supervening interest that of fundamentally sound elections —which is protected by not counting illegal votes, regardless of the source of their illegality. Here, the voter in good faith requested a ballot under a deadline set out by the City. And, the source of illegality or inconsistency —the late application for an absentee vote by mail —does not implicate the concerns identified in other cases where the irregularity undermined processes that protected free and intelligent voting or the integrity of the ballot process. 12 Given the importance of the right to vote and the court's decisions which have refused to disenfranchise voters for mistakes of election officials, the votes should be counted. There is no indication of fraud or intentional wrongdoing by election officials or by the voters. To do otherwise would be to disenfranchise absentee voters for unintended and insubstantial irregularities without any demonstrable social benefit. Mail -In Absentee Ballot Requests Made Between 7 and 10 Days of Election Received From Borough on September 29 These ballots should be counted for the same reasons identified above. The City's later receipt of the applications by facsimile from the Borough should not change this result. s Willis v. Thomas, 600 P.2d at 1087. 9 Fisher v. Stout, 741 P.2d at 223 -224. to Finkelstein v. Stout, 774 P.2d at 791 -92. 11 Id. 12 Id. (such process include witnesses signatures designed to insure that a vote was cast voluntarily and free from duress or was cast by the person who was, in fact, the voter). 13 Finkelstein, 774 P.2d at 794 (dissenting opinion by Justice Rabinowitz, joined by Justice Moore, with respect to majority's decision to reject ballots with certain signature defects). Carol Freas, City Clerk October 6, 2010 Page 5 of 6 My understanding is that the City's practice for the last six or more years has been for the City to work with. the Borough to accept absentee ballot applications on a unified form to assist the public in exercising their right to vote. Timely receipt by the Borough should be considered to be the equivalent of timely receipt by the City where the Borough's application form does not indicate otherwise. The Borough, in effect, acts as the City's agent for receipt of the application. Again, I recommend that if either of these two ballots are returned and if they meet all other requirements to be counted, the Canvassing Board separately segregate these ballots from the others in the event of a recount appeal. Absentee Ballots Without a Postmark For the first time in recent memory, your office has received a number of returned absentee ballots with no postmark. Although it is difficult to make a singular recommendations because of the variety of factors that could influence the Board's evaluation of a ballot, the lack of a postmark is not determinative of whether the ballot should be counted. Generally speaking, these ballots should be accepted, provided the ballot meets all other requirements (signatures, registration, etcetera). It is out of the City's or the voter's control with respect to the practices of the postal service in postmarking mail. The Code does not require that an absentee ballot cast by mail be postmarked in order to be counted. In fact, the City's Code anticipates that a returned ballot may not contain a postmark and the lack of a postmark is not determinative of whether the ballot is accepted. Rather than focusing on the postmark as deteiniinative of when the vote was cast, the Code focuses on indications that the ballot was mailed on or before the date of the election, K MC 6.05.120(c) states: By focusing on these two factors, the Code furthers the public policy that requires that votes cast after polls close should not be counted. 14 In order to be counted, absentee ballots which are mailed must be mailed on or before the date of the election, and if the envelope containing the ballot is postmarked, the post mark date must be on or before the date of election, and said ballot must be received in the City of Kenai's mail by noon on the seventh (7 day after the election. KMC 6.05.120(c) (emphasis added). 15 Cissna v. Stout, 931 P.2d 363, 370 (Alaska 1996) (knowledge of unofficial election results may affect a person's vote and vote should not be counted even if the timely receipt of the vote was not possible due to error of election officials). Carol Freas, City Clerk October 6, 2010 Page 6 of 6 So, assuming all other criteria are met, a ballot received by the City on or before election day should be counted, whether or not it contains a postmark. With respect to ballots received after October 5 and containing no postmark, the Canvassing Board must look at whether the ballot carries some indication that it has been cast in a timely manner. The Canvassing Board should consider the date of the signature by the voter and witnesses on the ballot. If that date is prior to or on election day, the ballot may be counted, provided there is no other indication it was not timely cast and mailed. The Board may also fairly consider where the ballot was sent from and collection time for that location. 19 clerk. absent.ballot.canv.me m.100610 16 Hammond v. Rickel, 588 P.2d 256, 269 (Alaska 1978) (court held that absentee ballots in question were objectively determined to have been cast on or before election day and that requirement is satisfied by a date received stamp, or a postmark, or a date of witnessing of the voter certificate, or a combination of these). 17 Id.; Willis, 600 P.2d at 1083. 18 Id. 19 When canvassing the returns, the Board should keep in mind that the purpose of KMC 6.05.120(c) is to ensure that a ballot is cast on or before election day. Hammond, 588 P.2d at 269; Willis, 600 P.2d at 1083; see also, Finkelstein, 774 P.2d at 788 (ordering the counting of ballots cast on which the attesting official did not date their signature, citing Hammond for proposition that deter tttination is when vote was cast). COUNCIL ON AGING SEPTEMBER 9, 2010 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY July 8, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Goals for 2010 1. Results of Meeting with Public Health Nurse 2. Storage -'Day of Clean-Up" October 11, 2010 b. Discussion Fees for Services ITEM 6: NEW BUSINESS a. Discussion Results of May 8, 2010 Town Hall Meeting b. Discussion Garage at Vintage Pointe ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison -101- PENDING APPROVAL ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October 14, 2010 ITEM 9: QUESTIONS COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of August 18 and September 1, 2010. ITEM 12: ADJOURNMENT COUNCIL ON AGING SEPTEMBER 9, 2010 KENAI SENIOR CENTER 4:30 P.M. VICE CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Geller called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a. 5 -a -1. AGENDA APPROVAL E. Jones, V. Geller, B. Osborn, L. Nelson, M. Milewski J. Hollier, L. Flowers, R. Fullinck, V. Graham Senior Center Director R. Craig, Assistant to Director K. Romain, Council Member M. Boyle Member Osborn MOVED to approve the agenda as presented and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY July 8, 2010 Member Osborn MOVED to approve the meeting summary of July 8, 2010 and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Goals for 2010 Results of Meeting with Public Health Nurse Senior Center Director Craig reported she met with Member Geller, Senior Center Staff L. Barrett and Jan Johnson from Central Peninsula Hospital. Johnson suggested a survey to determine what was wanted, including nail care, medication checks, blood pressure checks, and a wellness program -102- 5 -a -2. Storage "Day of Clean-Up" October 11, 2010 Craig reported the "Day of Clean Up" would be Monday, October 11, 2010. 5 -b. Discussion Fees for Services Craig shared the proposed fee schedule with Members. Member comments included: Promotion of the $5 CIub suggested. A membership drive suggestion. Noted a possible loss of membership if fees were charged. MOTION: Commissioner Nelson MOVED to place Fees for Services on the agenda for the October 14, 2010 Council on Aging meeting and Commissioner Milewski SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6 -a. Discussion Results of May 8, 2010 Town Hall Meeting City Manager Rick Koch, City Manager Koch reviewed the information included in the packet, noting the results of the meeting would be used to help create the new City Comprehensive Plan, focus groups would be created, and a legislative work session with local representatives would be scheduled. 6 -b. Discussion Garage at Vintage Pointe City Manager Koch, City Manager Koch presented the members with a cost estimate for garages that would be presented to City Council, noting there would be a work session after the election to choose the City's top ten priorities for State and Federal funding and the City's budget process was from January through May. ITEM 7: REPORTS 7 -a. Council on Aging Chair None 7 -b. Director Craig noted the Center would be closed on October 11, 2010 for Clean Up Day, but staff would be working, and noted volunteers wanting to help should contact the office. 7 -c. Council Liaison Council Member Boyle reported he had given a. tour of the Senior Center and Vintage Pointe to Mr. Price from Congressman Young's office. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION -103- COUNCIL ON AGING MEETING SEPTEMBER 9, 2010 PAGE 2 8-a. October 14, 2010 No one reported they would not be able to attend. ITEM 9: QUESTIONS COMMENTS None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of August 18 and September 1, 2010. ITEM 12: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 6:30 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -104- COUNCIL ON AGING MEETING SEPTEMBER 9, 2010 PAGE 3 the ay o f KEIEA \v/ KW DATE: NAME: Resident of the City of Kenai? Residence Address /(224 Mailbag Address 5 Home Telephone No Home Fax No, Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? /f5 EMPLOYER: /7,Fj/L_L_ =L7 Job Title NAME OF SPOUSE: Current membership' in organizations nceW 5' G- r Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE WHY DO YOU W. BACKGROUND AND ✓a- sairtiea ors iae 4 fr ,o y CANDIDATES FOR APPOINTR COMMISSIONS WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR CO TTEE MEMBERSHIP? Y l .f.,elC`J.d6U`SS CITY OF o*, "Village with a past RECEIVED SEP 1 5 2010 R E N AI CITY CLER -105- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 ONE: 283 -7535, EXT. 231 FAX: 283 -5068 Sy45 ,0A1 AK/At, KENAI HARBOR COMMISSION MEETING SEPTEMBER 13, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. July 12, 2010 b. August 9, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion On -Site User Survey Forms ITEM 6: NEW BUSINESS -106- a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION ITEM 7: REPORTS PENDING APPROVAL a. Discussion Status of SY2012 Municipal Harbor Facility Grant b. Discussion Work Session at Dock on August 9, 2010 a October 11, 2010 ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of August 18 and September 1, 2010. ITEM 12: ADJOURNMENT ITEM 1: Chair Thompson called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: Commissioner Peters read the following addition to the agenda: ADD: 6 -c. New Business MOTION: Commissioner Peters MOVED to approve the agenda with the addition and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: 3 -a. July 12, 2010 3 -b. August 9, 2010 MOTION: Commissioner Peters MOVED to approve the meeting summaries of July 12 and August 9, 2010. Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. KENAI HARBOR COMMISSION MEETING SEPTEMBER 13, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL AGENDA APPROVAL P. Morin, B. Osborn, R. Peters, T. Thompson, W. Nelson W. Niederhauser Public Works Director W. Ogle, Council Member H. Smalley Dip Net Update APPROVAL OF' MEETING SUMMARY PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion On -Site User Survey Forms Public Works Director Ogle reviewed the survey forms included in the packet. -107- Commissioner comments included: The form needed to be brief. Suggested "What do you like best and "What needs to be improved as possible questions. Suggested a postcard survey to hand out and a longer survey online. Requested survey measure demographics of users and purchase habits of dip netters. Requested samples and questions be brought to the next meeting for discussion. ITEM 6: NEW BUSINESS 6 -a. Discussion Status of SY2012 Municipal Harbor Facility Grant Ogle reviewed the grant details and the status of the grant. 6 -b. Discussion Work Session at Dock on August 9, 201.0 Ogle reviewed the work session at the dock. Commissioner suggestions included: Remove trees from the fuel service fenced area. Pave around the public restrooms. Consider training for use of the deploying boom. MOTION: Commissioner Morin MOVED to recommend dock personnel receive training for use of the deploying boom and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. 6 -c. Discussion 2010 Dip Net Season Update General discussion occurred. Commissioner observations included: Organization continues to improve. Toll sheds were competently run. Fish heads and guts were not a problem until the very end of the season. Parks Department worked hard to clean beaches. ATV's were kept under control. Police presence was very good. Camps were orderly. "NO FIRE" signs were effective. Portable toilets were clean and dumpsters were emptied. Brenda Crim's group was positive and gave a good image of the beach. Children's programs were well attended. -108- HARBOR COMMISSION MEETING SEPTEMBER 13, 2010 PAGE 2 MOTION: Inlet. Fewer competitive fishermen, more family participation, a vacation destination for many Parking seemed to be less of an issue this year. Commissioner recommendations included: Make restroom facilities at the ball park available Provide water to fish cleaning facilities on the beach. Suggest more fishermen take fish from the beach and clean elsewhere. Suggest more law enforcement to check fish limits and fishery eligibility. Resolve any vendor conflicts Upgrade Kenai Avenue. Commissioner Morin MOVED to recommend adoption of the above recommendations and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Director Ogle reviewed the information from the Town Hall meeting on May 8,2010. Commissioner comments included: Believed the public was not cognizant of the services the City provided. Noted requests for increased parking for dip netting. Suggested utilization of transportation improvement initiatives such as a fast sery ice ferry. Prepare the harbor for possible opportunities on the west side of Cook 7 -1). City Council Liaison Council Member Smalley reviewed the action agenda items of the September 1, 2010 City Council meeting included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 11, 2010 Commissioner Thompson reported he would not be able to attend the October or November Harbor Commission meetings. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Morin reported he had seen signs restricting horsepower below the bridge and inquired as to what authority Kenai River Special Management Association (KRSMA) had to enforce the restriction. -109- HARBOR COMMISSION MEETING SEPTEMBER 13, 2010 PAGE 3 Peters noted Mr. Foster's resignation from the Commission and noted a replacement was needed. ITEM 10: PERSONS NOT SCHEDULED TO 8E HEARD None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of August 18 and September 1, 2010. ITEM 12: ADJOURNMENT MOTION: Commissioner Morin MOVED to adjourn and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:18 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -110- HARBOR COMMISSION MEETING SEPTEMBER 13, 2010 PAGE 4 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Commissioner Bryson Commissioner Twait Commissioner Wells 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 MINUTES: a. *September 8, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -39 Central Heights Subdivision— Adamson Replat A resubdivision of Lots 3 and 4, Block 4, Central Heights Subdivision, Plat K -1546. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. S. PUBLIC HEARLNGS: PZ 10 -37 An application for a Conditional Use Permit for a Home Business /Outside Storage Yard, for the properties known. as Lots 7 8, Luebke Subdivision (601 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. 6, UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Holiday Meeting Schedule Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 22,2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 1.1.. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: October 13, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: PENDING APPROVAL CITY OF KENAI PLANNING ZONING COMMISSION SEPTEMBER 22, 2010 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRFCIDING MINUTES ITEM 1: CALL TO ORDER 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 Romain read the following changes to the agenda: S. Romain, K. Rogers, G. Brookman, K. Koester R. Wells, J. Twait, P. Bryson (all excused) City Planner M. Kebschull, Council Member B. Eldridge, Deputy City Clerk C. Hall ADD TO: 2 -a. Minutes Schmidt comments 5 -a. PZ10 -37 Dorothy Howell email Photographs of property an' 11 -a. Information MAPS information from September 8, 2010 Planning and Zoning Meeting 11 -b. Information City Manager Memo Town Hall Meeting MOTION: Commissioner Brookman MOVED to approve the agenda with the addition of the lay downs and removal of the minutes of the September 8, 2010 meeting from the consent agenda- Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Rogers MOVED to approve the consent agenda as amended and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. -112- Remain YES Wells EXCUSED Twait EXCUSED Bryson EXCUSED Rogers YES Brookman YES 1 -d. *Excused Absences Phil Bryson Jeff Twait Roy Wells Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: APPROVAL OF MINUTES September 8, 2010 MOTION: Commissioner Brookman MOVED to approve the minutes of the September 8, 2010 meeting with the addition of Schmidt comments as provided in the lay down. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ10 -39 Central Heights Subdivision Adamson Replat A resubdivision of Lots 3 and 4, Block 4, Central Heights Subdivision, Plat K -1546. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Rogers MOVED to approve PZ10 -39 with staff comments and Commissioner Brookman SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. Romain opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 2010 PAGE 2 -113- Koeste YES MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ IO -37 An application for a Conditional Use Permit for a Home Business /Outside Storage Yard, for the properties known as Lots 7 868, Luebke Subdivision (601 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. MOTION: Commissioner Koester MOVED to approve PZ10 -39 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be satisfied: The use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood would not be significantly impaired. The proposed use was in harmony with the Comprehensive Plan. Public services and facilities were adequate to serve the proposed use. The proposed use would not be harmful to the public safety, health or welfare. Any and all specific conditions deemed necessary by the Commission to fulfill the above- mentioned conditions should be met by the applicant. Kebschull noted the following recommendations: Fencing and landscaping must be completed within one year of approval and included separation between adjoining properties. Construction business was limited to the storage of no more than six (6) personally -owned pieces of equipment at one time Existing shed was allowed to be used for the storage of supplies for the business. No other structures were allowed onto the property without removal of the lot line. All servicing of equipment would be done off site. Oil pads would be stored onsite in case of an oil leak. No employees would be allowed to park personal vehicles at the location. Equipment traffic would be limited to and from the property by owner to no more than three (3) per day. Applicant would register for sales tax with the Kenai Peninsula Borough. Any expansion of the business would require an amendment to the CUP. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 2010 PAGE 3 -114- Romain 1 YES Wells EXCUSED '!wait EXCUSED Bryson EXCUSED Rogers YES Brookman YES Koester YES 1 Romain read the rules of public hearing and opened the meeting to public hearing. Carl Glick, 1601 E. Aliak, Kenai Spoke in opposition to the permit, noting noise and traffic issues. Leaha Snyder, 601 Highbush, Kenai Applicant spoke in favor of the permit, noting the property had been hydro- seeded and a fence would be installed. Raymond Peterkin, 469 Roy Way, Kenai Spoke in support of the permit., noting he was pro business. Betty Glick, 1601 E. Aliak, Kenai Spoke in opposition to the peuaiit being awarded after the business was already on the property. There being no one else wishing to speak, the public hearing was closed, MOTION: Commissioner Brookman MOVED to postpone PZ10 -39 to continue the public hearing at the October 13, 20] .0 meeting. Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Holiday Meeting Schedule. Kebschull reviewed the memorandum included in the packet. Commission requested Administration request November 24, 2010 meeting be cancelled. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Eldridge reviewed the action agenda of the September 15, 2010 City Council meeting, noting presentations related to the MAPS area were given as had been previously presented to the Commission. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 2010 PAGE 4 -115- 9 -b. Borough Planning None 9 -e. Administration Kebschull reported there would be two Conditional Use Permits for the Cook Inlet Natural Gas Storage Facility (CINGSA) to consider at the next meeting; the kennel ordinance would be brought back to the next meeting; and work sessions on beekeeping would be forthcoming. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. October 13, 2010 Commissioner Brookman noted he would probably riot be available for the October 13, 2010 meeting. ITEM 13: COMMISSION COMMENTS 8a QUESTIONS Commissioners thanked the public for their comments. ITEM 14: MOTION: ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:45 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 2010 PAGE 5 -116- ITEM 7: REPORTS KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 14, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY May 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Blue Star Sidewalk Update ITEM 6: NEW BUSINESS a. Discussion City Flower Bed Review and Tour b. Discussion Town Hall Meeting Infoi .nation a. Committee Chair b. Parks Recreation Director c. Kenai City Council Liaison PENDING APPROVAL ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October 12, 2010 ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of August 18 and September 1, 2010. b. Landscape /Site Plan 1152 Bridge Access Road Transmission Shop c. Landscape /Site Plan 1345 Bridge Access Road Kenai Self Storage d, Landscape /Site Plan 10511 Kenai Spur Highway O'Reilly Auto Parts e. Landscape /Site Plan 10128 Kenai Spur Highway ACS Retail Store f. Landscape /Site Plan 10288 Kenai Spur Highway Stanley Chrysler ITEM 12: ADJOURNMENT -117- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Baxter called the meeting to order at approximately 7:03 p.m. Roll was confii,.ued as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a. KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 14, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR PEGGY BAXTER, PRESIDING M. Dimmick, M. Coleman, T. Canady, P. Baxter, S. Lovett, L. Gabriel (arrived at 7:10 p.m.) M. Manzek Parks Recreation Director R. Frates ITEM 2: AGENDA APPROVAL MOTION: Member Canady MOVED to approve the agenda as presented and Member Coleman SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY May 11, 2010 Member Canady MOVED to approve the meeting summary of May 11, 2010 and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Blue Star Sidewalk Update Chair Baxter reported the concrete project quotes received did not match what the Auxiliary groups could contribute. She added, there was approximately 53,500 available in the present budget for the project. Member comments included: Include money in the FY2012 budget. Reserve spaces for plaques to be installed for military personnel who had died while serving. -118- MOTION: Member Lovett MOVED to recommend adding funding to the FY2012 budget to be offset by monies contributed by Auxiliary groups. Member Dimmick SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6 -a. Discussion City Flower Bed Review and Tour Parks Recreation Director Frates shared photographs of this season's flowerbeds. General discussion occurred. Member comments included: Boxes containing Shockwave petunias did exceptionally well despite rain. Add landscape edging around beds in Leif Hansen Memorial Park. Add Landscape edging around the bed at the Blue Star Memorial. Suggestion to plant fall bulbs in the Steve Schearer bed. MOTION: Member Gabriel MOVED to recommend redefining the beds in Leif Hansen Memorial Park and Blue Star Memorial by including funding in the FY 12 budget and request the City Clerk schedule a work session tour of beds for Tuesday, May 21, 2010 at 3:45 p.m. Member Dimmick SECONDED the motion. There were no objections. SO ORDERED. Frates advised the date would depend upon timing for advertising the work session and another date may be chosen. 6 -b. Discussion Town Ha11 Meeting Information Frates reviewed the outcomes included in the packet, noting specific beautification ideas and requested members keep the suggestions in mind when planning beautification projects. ITEM 7• REPORTS 7 -a. Committee Chair Baxter reported she would revisit cost estimates for Blue Star Memorial sidewalk work and forward the information to Frates. 7 -b. Parks Recreation Director Frates reported there would be a Thank You barbeque for Scott Hamman of Metal Magic and two Eagle Scouts that contributed to the park next to the Senior Center; noted Council approved the naming of the new park on Marathon Road as Daubenspeck Family Park; and, reviewed miscellaneous summer accomplishments. -119- BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 14, 2010 PAGE 2 7 -c. Kenai City Council Liaison None ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 12, 2010 No one noted they would not be able to attend. ITEM 9: ITEM 10: ITEM 11: 11 -a. Kenai City Council Action Agendas of August 18 and September 1, 2010. 11 -b. Landscape /Site Plan 1152 Bridge Access Road Transmission Shop 11 -c. Landscape /Site Plan 1345 Bridge Access Road Kenai Self Storage 11 -d.. Landscape /Site Plan 10511 Kenai Spur Highway O'Reilly Auto Parts 11 -e. Landscape /Site Plan 10128 Kenai Spur Highway ACS Retail Store 11 -f. Landscape /Site Plan 10288 Kenai Spur Highway Stanley Chrysler ITEM 12 MOTION: COMMITTEE MEMBER QUESTIONS AND COMMENTS None PERSONS NOT SCHEDULED TO BE HEARD None INFORMATION ADJOURNMENT Member Canady MOVED to adjourn and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:33 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -120- BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 14, 2010 PAGE 3 Dear Mr. Frates, It is with much regret that I must resign from the Beautification Committee. Due to new and exciting personal obligations, the meeting on September 14, 2010, will be my last. Although I will be moving on to both new and positive challenges, I will be sad to leave my work with our committee behind. In closing, I sincerely wish you, and the other committee members the very best of luck with the future work of the committee. I have truly enjoyed my association with the Beautification Committee and the City of Kenai. Thank you, Megan Coleman Cc: Mayor Pat Porter Carol Freas, City Clerk -121- RECEIVED SEP 13 2010 KENAI CITY CLERK MEMO: TO: Kenai City Council FROM: Rick Koch, City Manager DATE: September 29, 2010 SUBJECT: Organizational Charts "Vaage with a Past, Gity with a Fistwee" -122- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I o, Telephone: 907 -283 -75351 FAX: 907 283 -3014 1 1111? 7992 The purpose of this correspondence is to provide the attached table of organization chart(s). Over the past couple of years, minor staffing changes that have not been brought about by a change in classification, have occurred. The current organization of the City administration is reflected in the attached chart and summarized below. Parks Recreation Director As part of the 2008 budget discussions, Administration proposed placing the Parks and Recreation Director Position under "Public Works." This resulted in Parks Recreation and Beautification becoming part of the Public Works Department on a trial basis. After utilizing this reporting method over the past few years, Administration is returning to the previous organization, in which the Parks Recreation Director reported directly to the City Manager. Capital Projects Manager The Capital Projects Manager Position, which was created in 2009 and reports directly to the City Manager, has been added. The position is classified as `Public Works Manager" a position which reports directly to the City Manager. Q Z Z Q 2 U Q 0 K O 0) d G 2 -123- 0 0 N N N 0 -124- 0 INFORMATION ITEMS 1LC INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 10/6 /2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 3, Development /2010 Full Value Determination -126- 5,000. 10/1/2010 Department of Commerce Community Economic 4. Kenai Visitors Cultural Center, KCVB Quarterly Report Second Quarter 2010. 5. 9/24/2010 M. Kebschull memorandum related to KMC 14.20.260, Administrative Fines. W rt J 0 z 0 0 a' 0 LL O O O O ea h ea 0 z a o 0 O O 0 w in fa re Vs. L1,1 co Q W O O U W 0 W w LL to O W O 0 z fY 1.14 Q J_ C z O a v D o o o o o o 0 0 D 0 0 0 0 0 to 0 co v co. �r rn m rn o ri Cg "Cr ui L6 r: L6 L F z 0 U H a 0 w 0 O co Y W Y W CO Ill W W U W0.' K F E 0 CO W 0 0) a z W 0 O -127- Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Pat Porter, 1) E1'A RTM EN T 01 COMMERCE COMMLIN!TY AND ECONOMIC DEVELOPMENT Division of Community Advocacy October 1, 2010 CERTIFIED /RETURN RECEIPT REQUESTED 7008 1830 0003 2795 6081 RE: 2010 FULL VALUE DETERMINATION Sean Parnell, Governor Susan Bell Commissioner Tara Jollie, Director RECEIVED S K ENAI QTY' CLERK As required by AS 14.17.510 (Public Schools Foundation Program), the Department of Commerce, Community, and Economic Development has determined that, as of January 1, 2010, the full and true value of taxable real and personal property within your municipality is as follows: Real Property: Personal Property State Assessed Property (AS 43.56): TOTAL: 804,075,920 This full value determination may be appealed administratively by you within fifteen (15) days of receipt of this notice under the provisions of 3 AAC 130.092. In addition, AS 14.17.510 also allows for judicial review of the determination. If you have any questions concerning this full value determination for 2010, please contact our office at 269 -4605. -128- 656,114,100 125,492,200 22,469,620 Sincerely, Steve Van Sant State Assessor 550 W. 7th Avenue, Suite 1770, Anchorage, Alaska 99501 -3510 Telephone: (907) 269 -4501 Fax: (907) 269 -4539 Text Telephone: (907) 465 -5437 Email: questions@commerce.state.ak.us Website: http /www.commerce.stare.akms /dca/ (IC 7 kt/J ,e/! 7-5 Second Quarter 2010 KENA1 CONVVENTION VISITORS.I31IREMI W F'VW. V I SITKEN A1.COM 11471 Kenai Spur Hwy, Kenai, Alaska 99611 Natasha Ma, Executive Director KCVB Quarterly Report KCVB MISSION To promote the membership of the Kenai Convention &Visitors Bureau and the city of Kenai through destination marketing. To suppon economic development of the city of Kenai through the visitors industry. To serve as the professional facility manager of the Kenai Visitors &Cultural Center. To promote the history, arts and culture of Kenai and Alaska. Visitation After a devastating tourism year in 2009, we are beginning to see our visitation numbers slowly rebound, Our second quarter numbers heavily reflect local visitation at the Center for meetings, events, programs and admittance to the exhibits, Second quarter visitation is considered to be the shoulder season of travel. The KCVB has been working on promoting Kenai as a visitor destination during this second quarter shoulder season by hosting the Kenai Birding Festival in May, as well as continuing to promote and host the Kenai Saturday Market. Visitation Numbers April May June Total Second Quarter 2010 2007 2008 2009 2010 2241 2610 637 2214 5145 7623 2739 3864 10,488 9728 7972 8204 17874 19961 11348 14282 Website wwwv.visitkenai.com The graph below indicates the statistics generated from our newly launched website promoting Kenai as a premiere visitor destination, This website also promotes area businesses that cater to the visitor industry. -130- Website Statistics Leads April June Within the visitor industry 'leads' are referred to as the inquiries you receive from individuals requesting information about your destination. The KCVB receives the majority of our requests for information about Kenai through the leads we receive from the Kenai Peninsula Tourism Marketing Council (KPTMC), the Alaska Travel Industry Association (ATIA), and various independent websites we advertise an as well as from our website visitkenai.com. The table below indicates the number of leads we received from our different sources during the second quarter of 2010. of Leads KPTMC April 101 May 119 June 94 Total 314 KCVB 72 82 97 251 ATIA 286 201 101 588 Frommers 0 0 0 0 -131- Other 50 53 51 154 Total 509 455 343 1,307 0) m a m s m c a x rn c. c y Ht t 1 0 n. a a m 0 Visits 1 Pageviews Pages per Visit Av. Time an Site New Visits (50 a of Countries 3/294/4 382 1445 3.78 2.46 79.3 24 4/5 -4/11 433 1580 3.65 3.4 76.67 27 4/12 4/18 342 1336 3.91 3.18 83.04 30 4/19 412 1619 3.93 3.02 76.7 27 4/26 5/3 411 1471 3.58 2.23 77.37 34 5/3.5/9 342 1308 3.82 3.14 82.16 24 5/10-5/16 428 1634 3.82 310 78.74 24 5/17.5/23 396 1381 3.49 2.43 81.31 27 5/24.5/30 405 1461 3.61 2.44 82.47 24 5/31 502 1745 3.48 2.28 82.87 22 6/6 6/12 495 1707 3.45 3.04 78.18 28 6/13 6 19 486 1728 3.56 3.02 78.19 29 6/20 -6/26 547 1791 3.27 2.49 80.44 31 6/27 7/3 549 1878 3.42 3.04 81.06 27 Website Statistics Leads April June Within the visitor industry 'leads' are referred to as the inquiries you receive from individuals requesting information about your destination. The KCVB receives the majority of our requests for information about Kenai through the leads we receive from the Kenai Peninsula Tourism Marketing Council (KPTMC), the Alaska Travel Industry Association (ATIA), and various independent websites we advertise an as well as from our website visitkenai.com. The table below indicates the number of leads we received from our different sources during the second quarter of 2010. of Leads KPTMC April 101 May 119 June 94 Total 314 KCVB 72 82 97 251 ATIA 286 201 101 588 Frommers 0 0 0 0 -131- Other 50 53 51 154 Total 509 455 343 1,307 0) m a m s m c a x rn c. c y Ht t 1 0 n. a a m 0 Meetings In addition to the meetings indicated below, the center hosted a multitude of small meetings and events. Due to the construction and installation of the summer Russian icon exhibit, meeting rentals in the building were limited. We referred organizations and businesses that requested meeting rental space to the Challenger learning Center, the Kenai Senior Center and the Carrs Gottstien Corporation. April May Leeshore Katmai Park Center and Preserve Denali Credit Union (Set -up for show- no meetings) lune No Meetings Due to Exhibit Advertising Artarlceting During the second quarter, the KCVB purchased advertising promoting the City of Kenai as a premier visitor destination in the 2011 Milepost, The 2011 KPTMC Discovery Guide, Fish Alaska magazine (2010 2011 issues), Fish Alaska online banner advertising, Vacation Country Travel Guide, Alaska Native Directory Magazine, Alaska Airlines Magazine and the 2011 Bells Travel Guide. Locally, the KCVB launched a series of radio advertisements featuring the voice of the Mayor of the City of Kenai welcoming locals and visitors to Kenai and inviting people to stop by the Center and attend the Kenai Saturday Market. These radio ads will run through September 2010. The KCVB also purchased advertising in the Peninsula Clarion and the Redoubt Reporter inviting the public to attend the programs and exhibits taking place at the Center, as well as promoting the Kenai Saturday Market. The KCVB provided Kenai logo bags, and Kenai promotional material, to several large conventions and events held within the Kenai area during the second quarter including the Harley Hog Rally, The American Legion Convention, The Kenaitze Indian Tribe Regional Potlatch and several smaller events, The KCVB provided a familiarization tour of Kenai, and the Center, to a national delegation of press writers, brought to Alaska by the Alaska Travel Industry Association. The KCVB also provide specialized tours of the Russian Icon Exhibit to US Senator Lisa Murkowski, and, Pamela Day, Chief of Staff to Representative Don Young. -132- Tv/e c27Y OF The KCVB renewed its contract with Alaska Brochure Distributors to distribute the Kenai Visitor Guide throughout Anchorage, including the Anchorage International Airport, the Anchorage Saturday Market and numerous hotels and visitor destination Locations throughout Anchorage. The KCVB also hired local contractors to distribute the Kenai Visitor Guide throughout the Kenai Peninsula region. The Kenai Visitor Guide will also be stocked at the Tok visitor Center, the Morris Thompson Culture and Visitor Center in Fairbanks, and numinous visitor centers along the Alaska Highway. Second Quarter Programs Exhibits at the Center The "Sacred Space, Sacred Time" exhibit opened on April 23' 2010. Prior to the opening of the exhibit, Father Thomas conducted a moloben prayer service and procession to open the space. We also received assistance from two staff members of the Anchorage Museum, and two staff members from the Pratt Museum in the process of condition reporting, packaging and transporting the icon collection from the Russian church to the Center. This was an historic undertaking and KCVB staff documented,the process in video and photographs. Kenai Central High School student, Lincoln Wensley, developed a six minute video as an in troduction to the exhibit as part of a school community service project. Wensley's documentary was very well done and will be played in the museum throughout the summer. In the month of May, we had 740 students and 177 adults come with school groups to visit the Center. Students were K -8, and from all over the Southcentral regiona, including Anchorage. On our tours, we took students through the history exhibits, the "Sacred Space, Sacred Time" exhibit, and on a portion of the Old Town Walking Tour. -133- We applied for a $4750.00 grant from Rasnauson Foundation to bring paper conservator Seth Irwin to Kenai to assess collections, and provide workshops on paper conservation and collections care. We are working with the Kenai Historical Society and the Holy Assumption Church as initial partners and will hopefully add other Peninsula groups with collections as we confirm the residency. We are looking toward August /September for that project. Our summer interpretive programs started in June, including cultural history, natural history, and arts topics. We will also extended our education programs, with several groups from PCHS (formerly called Central Peninsula Counseling Services) and those will take place in June and July, including nine groups of children from K -6. The greatest number of attendees to one of our interpretive programs through June of 210, was 73 for Hobo Jim on June 23. Shane Lopez, KPC history student, and Laura Forbes, Director of Programs Exhibits, are working on redeveloping our homestead exhibit with assistance from a grant from IIAA. The exhibit will include objects from our collection, oral history gathered during the Portrait Project, and information about the Homestead Act. It will be contained in cases we already have, as well as a cut -out construction of a homestead -style cabin. We are looking to complete that installation in late August /early September. Once we have cleared items from the Homestead exhibit into cases that will be on display temporarily, we will resume unpacking items for the Comparative Cultural exhibits. We are looking forward to resuming that process in the next couple of weeks. Laura Forbes has met with Dana Verrengia, from the Kenaitze Indian Tribe, who will be providing us with some items that are specific to Dena'ina Culture, of which we have few in our collection. We hope to have the Dena'ina section installed and operational by the end of September. Following that we will continue to work on installation of displays relating to Alutiiq, Aleut, Interior Athabascan and Yup'ik cultures. Volunteer Debbie Stanton continues to work on cataloging our library collection of books, videos and paper documents. We have been assisting the Kenai Historical Society with their efforts to install the historic cabins in Old Town Kenai, by working with them to inventory and catalog the items that will be included in the cabins. As part of this process, we began a file of "temporary custody" items that must then go through the collections and acquisitions committee for acceptance, and then follow up with the donors to acquire deeds of gift. We have done training with June Harris, Carol Anderson and Sharon Fisher of the Historical Society and they are numbering and tagging items, gathering documentation on those items and then entering the items in the temporary custody file in Past Perfect. Once they have gotten through the summer installation process, we will complete the process of accession and look at whether any of the installed items should come out of the cabins in the winter time. Based on comparisons from Last year, we have exceeded our admissions by one third to the 'Sacred Space: Sacred Time" summer exhibit at the center. The "Sacred Space, Sacred Time" exhibit is generating largely positive feedback. Here are a few quotes from our visitors for inspiration: -134- "A thirty •five year Alaskan resident transplanted to the Missouri Ozark. —good to be hack on Alaskan soil and to find such a wonderful representation of Kenai history on display. A truly remarkable exhibition.!" 'love the exhibit it was fun!! your thirdgrade friend." "Alaska... Great state to visit. Rich in culture. Had a great time, thanks." visitors from Bancroft, Idaho Have lived here 30 years, always wanted to see this. Beautiful!! Thanks! visitor from Kasilof "Interesting, beautiful A< informative. Visited the church first, great ending. Thanks for sharing" visitor from Ft. Worth, Texas "Wonderful exhibition, thanks for showing us the history of this region." visitor from Germany "Great exhibit! Thank you!" visitor from Moscow, Russia "Truly inspiring! Thanks." visitor from Long Beach Island, New York "We are so glad we had a chance to stop here. Wonderful. —visitors from Anchorage S nai 11471 Vennrfp Cultural Center eclat, Alaekn c �c ecciae 0 April 23rd thru September, 2010 Discover tilt rich and fascinating history of the Russian Orthodox Church in Kenai through r x e :2Sated Sparc, Sacred Time an exhibit at th,: Kenai Visitors and Cultural Center. Ic paintings. historic images and objects tell story in this once i a lifetime. exhibit; dieplay from April 23 thru Stptenibcota Gala Opening Recepben Friday, April aSrd, 5:3a -0,00 pm )rn.vrti„e „,e4ne.n, .„i t U.: www, ielt'aemLenm www.areskenaLeam -135- KCVB Board of Directors Jacquie Steckel, Red Cabin B &B, President Marion Nelson, Marketing Consultant, Vice President Jeff Warton, Spenard. Building Supply, Treasurer Teresa Moyer, Alaska Log Cabin Inn, Secretary rn Shawn Maltby, Peninsula Oilers Baseball w s ro Ron Malston, Malsotns Inc, Janet Schmidt, Kenai National Wildlife Refuge Celia Anderson, Kenai Peninsula College Sharon Brower, Grouchy Old Women B &B Fred Braun, Freedom Realty Natasha Ala, Executive Director Lauren Brewer, Membership Retail Director Laura Forbes, Programs Exhibits Director Laurie Booysie, Administrative Specialist Harold Piland, Saturday Market Coordinator Rebecca Gilman, Visitor Services (summer season) Taylor Matson, Visitors Services (summer season) Lola Cress, Visitor Services (summer season) KENAI. CO NVENT 1ON VISITORS BUREAU s rW W.V1SITICFNALCOA4 11471 Kenai Spur Hwy, Kenai, Alaska 99611 -136- MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: September 24, 2010 SUBJECT: KMC 14.20.260 Administrative Fines First Offense $50 per day Second Offense $100 per day Third Offense $250 per day Subsequent Offenses $250 per day "Villaye with a Past, G with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 het Telephone: 907 283 -7535 FAX: 907 283 -3014 II I 1992 Under KMC 14.20.260 administrative fines up to $250 per day may be assessed for failure to comply with an enforcement order. To provide consistency and to ensure that fines are not determined arbitrarily, I propose the following fine schedule: if you agree ',°v` iI tt lG pr v posid fine o� i edU ie, .1 c, pvi� will b ii -137- 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. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC) 2. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. 3. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of S 122,000.00. 4. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 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: October 7, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF OCTOBER 7, 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. 1. Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 2. Resolution No. 2010 -54 Rescinding and Replacing the City of Kenai Retention Schedule. 3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. 4. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of $122,000.00. 5. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidaigo Avenue, Kenai, Alaska, 99611. Ali interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas; -City Clerk Posted: Octobef 1 2010 NOTICE OF PUBLIC HEARING OCTOBER 6, 2010 CITY OF KENAI COUNCIL MEETING AGENDA KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:l /www.ci.kenai, ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 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. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 2. Resolution No. 2010 -54 Rescinding and Replacing the City of Kenai Retention Schedule. 3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. 4. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of 3122,000.00. 5. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2514- 2010 Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non Metallic Cable in Type 111, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008. 4. *Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. 5. Action /Approval Vintage Pointe Insurance Settlement Release 6. Discussion /Action Reschedule November 17, 2010 Council Meeting 7, Discussion Absentee Voting Procedures /Inconsistencies in City Election KENNIMASNA u EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai, and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). 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. Frees, City Clerk D/211 UNITED STATES OF AMERICA, 1 STATE OF ALASKA I ss: Denise Reece being first duly sworn, on oath deposes and says_ That I ant 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 published in said paper one each and every day for one PUBLISHER'S AF ii eh is hereto annexed was successive and consecutive day in the issues on the following dates: October 4, 2010 n Ater SUBSCRIBED AND SWORN to me before this 8th day of October 2010 NOTARY PUBLIC in favor for the Stare of Alaska. My Commission exp s 26- Aug -12 AGENDA KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6; 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www,ci.kenai.ak.us ITEM E: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 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. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 2. Resolution No. 2010.54 Rescinding and Replacing the City of Kenai Retention Schedule. 3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. 4. Resolution No. 2010-56 Awarding a Contract to Alaskan Industries, Inc.. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of $122,000.00. 5. Resolution No. 2010-57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. ITEM F: UNFINISHED BUSINESS ITEM 6 NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3 'Ordinance No. 2514 -2010 Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non- Metallic Cable in Type III, IV, and V Construction as Otherwise Permitted in. 334.10(3) of the National Electrical Code 2008. 4. `Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. 5, Action /Approval Vintage Pointe Insurance Settlement Release 6. Discussion /Action Reschedule November 17, 2010 Council Meeting 7, Discussion Absentee Voting Procedures/Inconsistencies in City Election DAVIT EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai, and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). 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 apt Carol L. Freas, City Clerk D422/211