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The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The
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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 Ibell@acsolaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
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KENAI CITY COUNCIL — REGULAR MEETING
APRIL 21, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders,
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
Shannon Elsey, Leader, Girl Scout Troop 545 -- Library Donation/ Library
Expansion Needs from 7 -8 Age Perspective.
2. Graydon Cowgill -- Kenai Friendship Mission, Inc.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony l imited to 3 minutes per speaker.)
1. Ordinance No. 2478 -2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training Reimbursements form
Internet Crimes Against Children ( ICAC) ........................... ............................... 1
2. Resolution No. 2010 -07 -- Amending the Administrative Policies and
Procedures for the Preparation, Distribution and Publication of the City Council
Agenda and Packet, Including Providing Direction Regarding the Time and
Rules for Taking Public Comment .................................... ............................... 3
(Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No.
2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion
to adopt is active.)
a. Substitute Resolution No. 2010 -07 -- amending the Administrative
Policies and Procedures for the Preparation, Distribution and
Publication of the City Council Agenda and Packet, Including Providing
Direction Regarding the Time and rules for Taking Public Comment....... 10
3. Resolution No. 2010 -24 -- Supporting Passage of United States Congressional
Bill H.R. 1034 by the 111th Congress, Designating the Honor and Remember
Flag as a National Emblem to Recognize and Honor Members of the United
States Armed Forces Who Died in the Line of Duty ............ ............................... 18
4. *Liquor License Renewal -- MITAK LLC, d /b /a .406 Family Sports Caf6
(#4555) /Beverage Dispensary- Tourism ............................. ............................... 20
ITEM E: MINUTES
1. *Regular Meeting of April 7, 2010 ................................. ............................... 22
ITEM F:
1 . Bills to be Ratified .......................................................... ............................... 43
2. Approval of Purchase Orders Exceeding $15, 000 .............. ............................... 44
3. *Ordinance No. 2479 -2010 -- Amending KMC Chapter 1.10, The Council, to
Add a New Section Establishing Procedures for the Use of Council Chambers
and the City Clerk's Conference Room ............................. ............................... 46
4. *Ordinance No. 2480 -2010 -- Amending KMC Chapter 1. 15, Rules of Order,
to Establish the Form of the Council Agenda and Set the Order of Business, to
Explain the Consent Agenda and List of Pending Legislation, and to Make
Conforming Amendments ............................................... ............................... 49
S. *Ordinance No. 2481 -2010 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the Personal Use Fishery Capital Projects
Fund............................................................................. ............................... 56
6. Action Item -- Mutual Rescission of Lease -- ENA, LLC. /Lots 5 & 6, Block 1,
FBO Subdivision ( Everts) ................................................ ............................... 57
7. Action Item -- Consent to Assignment /Assignment of Lease -- Ocean Beauty
Seafoods, Inc. /Tract C, Kenai Tidelands No. 2 .................. ............................... 63
8. Action Item -- Consent to Assignment/ Security Assignment -- Dan O.
Pitts /Lot IA, FBO Subdivision ........................................ ............................... 70
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ......................................................... ............................... 77
3. Harbor Commission ........................................................ ............................... 81
4. Library Commission ........................................................ ............................... 85
S. Parks & Recreation Commission ....................................... ............................... -
6. Planning & Zoning Commission ....................................... ............................... 89
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 ......................... ............................... 97
ITEM J: ADMINISTRATION REPORTS
1 . City Manager .................................................................. ............................... 101
2. City Attorney ..................................................... ............................... -
.............
3. City Clerk ....................................................................... ...............................
ITEM K: DISCUSSION
1. Citizens (five minutes)
2. Council
-- None Scheduled.
ITEM L: PENDING LEGISLATION (Items listed below are legislation which
will be addressed at a later date as noted and are not action items
for this meeting.)
Resolution No. 2009 -68 -- Supporting the Alaska Coastal Communities Global Climate
Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri-
Borough Commission. (Clerk's Note: At its January 20, 2010 meeting, Council amended
Resolution No. 2009 -68 and reconsideration of the resolution was postponed to the May 19,
2010 council meeting.)
Resolution No. 2010 -15 -- Opposing House Bill Number 266. (Clerk's Note: At its March
3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.)
Resolution No. 2010 -23 -- Opposing "An Initiative Creating an Alaska Anti - Corruption
Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7,
2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The
motion to adopt is active.)
ITEM M: ADJOURNMENT
� 1 i
1. 4/21/2010 Purchase Orders Between $2,500 and $15,000 for Council
Review............................................................................ ...............................
2. Budget Transfer in Capital Projects in Excess of $ 5, 000 .. ...............................
3. 4/15/2010 T. Eubank memorandum entitled, "Alaska Public Entity Insurance
PremiumRebate" ........................................................... ...............................
4. 4/15/2010 T. Eubank memorandum entitled, "Quarter Ending March 31, 2010
Investment Report" .......................................................... ...............................
5. 4/15/2010 T. Eubank memorandum entitled, "Quarterly Financial Report .. ......
6, 4/1/2010 J. Clark, Boys & Girls Clubs of the Kenai Peninsula memorandum
related to attendance data pursuant to grant requirement .. ...............................
7. 3/17/2010 L. Kent, Department of Environmental Conservation regarding
beach conditions during the Kenai personal use dip net fishery .........................
8. Commonwealth North Resolution No. 2010 -2 entitled, "Facing the Facts,
Confronting the Future, Taking a Stand" ....... ..........I....................
....................
9. 4/14/2010 M. Johnson postcard thanking Council for financial assistance to
travel to Juneau to attend the Alaska Youth for Environmental Action Summit..
10. 4/7/2010 A. Fields, Principal, Kenai Central High School letter to introduce
Hannah Coffman, selected to fill the Council's student representative position...
11. Draft Kenai Fire Department Fee Billing and Collections Administrative Guide..
12. April 20, 2010 Kenai Peninsula Borough Assembly meeting agenda ...................
Page
No.
113
114
116
129
133
134
135
136
137
139
142
E r r
ADD TO: ITEM D -2a, Substitute Resolution No. 2010 -07 -- Councilor
Molloy memorandum identifying a proposed amendment. COUNCILOR MOLLOY
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AiYIL'1iI07 s]i731
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $895 IN THE GENERAL FUND
FOR TRAINING REIMBURSEMENTS FROM INTERNET CRIMES AGAINST CHILDREN
(ICAO).
WHEREAS, the Kenai Police Department is an active member in good standing with
the Federal Internet Crimes Against Children (ICAC) Task Force; and,
WHEREAS, one Kenai Police Department investigator is scheduled to attend forensic
electronic training from April 19 to April 23, 2010 in Anchorage; and,
WHEREAS, the ICAC regional director has approved reimbursing the Kenai Police
Department for training costs ($895) upon completion of the training; and,
WHEREAS, the Police Department is requesting appropriation of $895 to the General
Fund, Police Transportation Account to cover the costs of the training.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Police - Federal Grants $895
Increase Appropriations:
Police - Transportation $895
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April
2010.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
Introduced: April 7, 2010
Adopted: April 21, 2010
Effective: April 21, 2010
New Tex, Underlined [DELETED TEXT BRACKETED)
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"Village wiA a Past, C# w to a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 6
Telephone: 907 -283 -7535 / FAX: 907 -283 -3014
1992
L`31G Gt�Uf
KENAI, ALASKA
DATE: 3115/10
SUBJECT: Request ordinance appropriating anticipated reimbursement funds
from Internet Crimes Against Children (ICAC)
For several years the Kenai Police Department has been a member of the Internet
Crimes Against Children (ICAC). ICAC is a network of law enforcement agencies who
investigate internet crimes against children. Participating agencies also provide
awareness and prevention education in the community.
The ICAC regional coordinator in Anchorage has agreed to reimbursement the Kenai
Police Department for an investigator to attend forensic electronic data training in
Anchorage. For several years, the ICAC regional coordinator has received federal
funding to disperse to participating law enforcement agencies for ICAC training
programs.
This is the second training course in two months that ICAC has agreed to reimburse the
City of Kenai (previous training in March 2010 — with $602 in reimbursements to the City
of Kenai from ICAC).
I am requesting an ordinance appropriating $895 into the General Fund, Police —
Transportation account for electronic forensic training costs in April of 2010. Upon
completion of the Kenai police officer attending the course, ICAC will provide a training
reimbursement check to the City of Kenai.
KENAv SKA
Suggested by: Mayor Pat Porter
s • r � ♦ a
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR THE PREPARATION,
DISTRIBUTION AND PUBLICATION OF THE CITY COUNCIL AGENDA AND PACKET,
INCLUDING PROVIDING DIRECTION REGARDING THE TIME AND RULES FOR
TAKING PUBLIC COMMENT.
WHEREAS, KMC 1..15, Rules of Order, establish the City of Kenai's rules for the
exercise of its legislative power and further provide for the adoption of policies and
procedures to guide City administration in implementing those rules of order; and,
WHEREAS, to assure that the business of the City is conducted in an orderly and
open manner, it is in the best interests of the City of Kenai to establish policies for City
administration to follow in preparation of the Council agenda for City Council
meetings under KMC 1.15.040; and,
WHEREAS, public participation is, essential to good government and informed
decision - making by public officials and it is in the best interest of the City to formalize
the times and process for hearing public comment and discussion on its City Council
meeting agenda; and,
WHEREAS, on July 1, 2009, the City Council approved of administrative policies and
procedures to implement the City's Rules of Order in conjunction with Ordinance No.
2347 -2008, which ordinance made changes to KMC 1.15.040 -.050; and,
WHEREAS, from time to time it is necessary to amend those policies and procedures
to provide additional direction to City administration to implement KMC 1.15.040.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that City of Kenai Administrative Policies and Procedures for the preparation,
distribution, and publication of the City Council agenda and packet are hereby
amended to read as set forth on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of April,
2010,
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
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Resolution No. 2010 -07
Attachment A
�r Tr r •s rc r:
1. The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and the City Manager, subject to paragraphs (a) through
(d) of KMC 1.15.040. The City Clerk shall circulate a [A] draft agenda [SHALL BE
CIRCULATED] to the Mayor to [AND] other Council Members, and to the City
Manager.
[1]2. Sch eduled Public Q mmen The agenda shall include time for
of 20 minutes for all speakers. Any member of the public may request that an item be
placed on the agenda for a regular Council meeting under "Persons Scheduled to be
Heard,_ "[, AND] A person who desires to address the Council under Persons Scheduled
to be Heard shall. make that request in writing on a form provided by the Citv Clerk a
minimum of eight (8) days in advance of the Council meeting. The speaker will be
permitted ten (10) minutes to address the Council. The time limitation should be
reflected on the agenda. The speaker shall identifv themselves in writing and state
their name and address for the record. [THE REQUEST SHALL BE MADE TO THE
CITY CLERK ON THE PRESCRIBED FORM, A MINIMUM OF EIGHT (8) DAYS IN
ADVANCE OF THE COUNCIL MEETING.] The person may speak on any topic except
jTHE CITY CLERK SHALL INFORM THE REQUESTOR THAT REQUESTS TO BE
PLACED ON THE AGENDA TO ADDRESS THE FOLLOWING TOPICS SHALL NOT BE
ACCEP'T'ED]:
a. [I]items scheduled for public hearing on [THE] that agenda[.];
b. [Ppersonnel matters[.] and,
C. [I]items upon v.rhich litigation involving the person or his /her
representative and the City is currently pending.
3. Unscheduled Public Comment. The agenda shall include time for
unscheduled public comment ( "Unscheduled Public Comment ") with an aggregate time
of 30 minutes for all speakers. Any member of the public may address the Council
during the scheduled time, subject to the 30 minute aggregate time period. The
themselves in writing and state their name and address for the record. The person
may speak on anv topic except:
New Text Underlined [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02103/ 10) [ JULY 1, 2009]
-4-
Resolution No. 2010 -07
Attachment A
a. items scheduled for public hearing on that agenda;
b. personnel matters: and,
c. items upon which litigation involving the person or his /her representative
and the City is currently pending.
1 Public Hearintrs. Any member of the public may be heard at public
hearings on resolutions and ordinances at the time designated on the agenda for the
Public hearing or as that time may be extended at the discretion of the Council. The
agenda shall state that the speaker will be permitted three (31 minutes to address the
record. The person may speak to the issue that is the subject of the public hearing.
D. Azenda and Council Packet Publication. and Distribution
[2] 1. Notice of the date, time and place, and [FINAL] of the agenda for each
regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY PUBLICATION] shall be
published in a newspaper of general circulation no later than three (3) days prior to
each regular [THE] Council meeting.
[312. Nonce of the date, time, and place, and [FINAL] of the agenda for each
reg lar Council meeting [WILL BE GIVEN TO THE PUBLIC BY POSTING TO] shall be
posted on the City's official bulletin board at City Hall no later than six (6) days prior
to each regular [THE] Council meeting.
[413. The City Clerk shall post a copy of the meeting packet to the City's web
site, and shall also provide a copv of the packet to the Kenai Municipal. Library, no
later than six (6) days prior to each regular [THE] Council meeting.
[5]4. Any [MEMBER OF THE PUBLIC OR] person and any organization may
request a copy of the meeting packet, either by paper or electronic copy. The City Clerk
will provide the copy as soon as practical.
[615. "Day" [WILL BE CONSIDERED] is a calendar day. [7.1 The day of op sting
and /or publication and the day of the [c]Council meeting each shall. be counted for the
purpose of computing compliance with the posting and publication ( ESTABLISHING]
deadlines.
New Text Underlined [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02/03/ 10)[ 1, 2009]
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minutes to address the Council. The time limitation should be reflected on the
agenda. Persons electing to speak shall identify themselves in writing and state their
name and address for the record. The person may peak on anv topic.
Resolution No. 2010 -07
Attachment A
C. Special Meetings
required by law for adoption of ordinances and resolutions.
New Text Underlined [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02103/ 10)[ 1, 2009]
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The agenda format, posting. publication, and public participation policies set
forth in sections A and B above, do not apply to special meetings of the Council.
Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be
circulated to each member of the Council and to the City Manager at least 24 hours
j NN
the 4:iy
"Villa e with a Past, C# witk a Fatur°e
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907 -283 -7535 / FAX: 907- 283 -3014
1992
TO: Mayor Porter and Councilors
FROM: Krista S. Stearns, City Attorney'Ur
DATE: January 28, 2010
RE: Resolution 2010 -07
In your packet is proposed resolution 201.0 -07 amending the policies and
procedures for administration in preparation, distribution, and publication of the
Council agendas. These policies provide guidance to City administration to put
into effect the rules of order in KMC 1.15.040.
The attachment for the resolution, Attachment A, is typed in legislative style as is
the City's custom when amending existing codes, regulations, and policies. For
ease of reading, I have enclosed a "clean" version of Attachment A.
Resolution No. 2010 -07
Attachment A
ADMINISTRATIVE ♦ LICIES AND PROCED
A. Agenda Preparation and Format
1. The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and the City Manager, subject to paragraphs (a) through
(d) of 1YLMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to
other Council Members, and to the City Manager,
2. Scheduled Public Comment The agenda shall include time for
scheduled public comment ( "Persons Scheduled to be Heard ") with an aggregate time
of 20 minutes for all speakers. Any member of the public may request that an item be
placed on the agenda for a regular Council meeting under "Persons Scheduled to be
Heard." A person who desires to address the Council under Persons Scheduled to be
Heard shall make that request in writing on a form provided by the City Clerk a
minimum of eight (8) days in advance of the Council meeting. The speaker will be
permitted ten (10) minutes to address the Council. The time limitation should be
reflected on the agenda. The speaker shall identify themselves in writing and state
their name and address for the record. The person may speak on any topic except:
a. items scheduled for public hearing on that agenda;
b. personnel matters; and,
C. items upon which litigation involving the person or his /her
representative and the City is currently pending.
3. Unscheduled Public Comment The agenda shall include time for
unscheduled public comment ( "Unscheduled Public Comment") with an aggregate time
of 30 minutes for all speakers. Any member of the public may address the Council
during the scheduled time, subject to the 30 minute aggregate time period. The
speaker will be permitted three (3) minutes to address the Council. The time
limitation should be reflected on the agenda. Persons electing to speak shall identify
themselves in writing and state their name and address for the record. The person
may speak on any topic except:
a. items scheduled for public hearing on that agenda;
b. personnel matters; and,
c. items upon which litigation involving the person or his /her representative
and the City is currently pending.
4. Public Hearings Any member of the public may be heard at public
hearings on resolutions and ordinances at the time designated on the agenda for the
public hearing or as that time may be extended at the discretion of the Council. The
agenda shall state that the speaker will be permitted three (3) minutes to address the
Council. The time limitation should be reflected on the agenda. Persons electing to
New Text Underlined [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02/03/ 10)
Resolution No. 2010 -07
Attachment A
speak shall identify themselves in writing and state their name and address for the
record. The person may speak to the issue that is the subject of the public hearing.
5. Citizen Discussion The agenda shall include time for citizen discussion
( "Discussion "). Any member of the public may be heard under an agenda section for
"Citizens" under agenda item "Discussion." The speaker will be permitted five (5)
minutes to address the Council. The time limitation should be reflected on the
agenda. Persons electing to speak shall identify themselves in writing and state their
name and address for the record. The person may speak on any topic.
B. Agenda and Council Packet Publication and Distribution
1. Notice of the date, time and place, and of the agenda for each regular
Council meeting shall be published in a newspaper of general circulation no later than
three (3) days prior to each regular Council meeting.
2. Notice of the date, time, and place, and of the agenda for each regular
Council meeting shall be posted on the City's official bulletin board at City Hall no
later than six (6) days prior to each regular Council meeting.
3, The City Clerk shall post a copy of the meeting packet to the City's web
site, and shall also provide a copy of the packet to the Kenai Municipal Library, no
later than six (6) days prior to each regular Council meeting.
4. Any person and any organization may request a copy of the meeting
packet, either by paper or electronic copy. The City Clerk will provide the copy as soon
as practical.
5. "Day" is a calendar day. The day of posting and /or publication and the
day of the Council meeting each shall be counted for the purpose of computing
compliance with the posting and publication deadlines.
C. Special Meetings
The agenda format, posting, publication, and public participation policies set
forth in sections A and B, above, do not apply to special meetings of the Council.
Notice of special meetings shall be made under KMC 1. 10.060 and the agenda shall be
circulated to each member of the Council and. to the City Manager at least 24 hours
prior to the special meeting where practicable. The City Clerk will prepare the agenda
for a special meeting after consultation with the Mayor and the City Manager, subject
to paragraphs (a) through (d) of KMC 1.15.040. The agenda for a special meeting will
not include time for Persons Scheduled to be Heard, Unscheduled Public Comment, or
Discussion (Citizen) unless requested by a Council member, the City Manager, or the
City Attorney. The agenda shall include time for a public hearing where otherwise
required by law for adoption of ordinances and resolutions.
New Text Under lined; [DELETED TEXT BRACKETED]
(est. 07/01/09; rev. 02/03/10)
-9-
eke city of
KERAI. ALEkSKA
Chi
SUBSTITUTE
Suggested by: Mayor Pat Porter
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR THE PREPARATION,
DISTRIBUTION AND PUBLICATION OF THE CITY COUNCIL AGENDA AND PACKET,
INCLUDING PROVIDING DIRECTION REGARDING THE TIME AND RULES FOR
TAKING PUBLIC COMMENT.
WHEREAS, KMC 1. 15, Rules of Order, establish the City of Kenai's rules for the
exercise of its legislative power and further provide for the adoption of policies and
procedures to guide City administration in implementing those rules of order; and,
WHEREAS, to assure that the business of the City is conducted in an orderly and
open manner, it is in the best interests of the City of Kenai to establish policies for City
administration to follow in preparation of the Council agenda for City Council
meetings under KMC 1.15.040; and,
WHEREAS, public participation is essential to good government and informed
decision - making by public officials and it is in the best interest of the City to formalize
the times and process for hearing public comment and discussion on its City Council
meeting agenda; and,
WHEREAS, on July 1, 2009, the City Council approved of administrative policies and
procedures to implement the City's Rules of Order in conjunction with Ordinance No.
2347 -2008, which ordinance made changes to KMC 1.15.040 -.050; and,
WHEREAS, from time it time it is necessary to amend those policies and procedures to
provide additional direction to City administration to implement the KMC 1.15.040.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that City of Kenai Administrative Policies and Procedures for the preparation,
distribution, and publication of the City Council agenda and packet are hereby
amended to read as set forth on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April,
2010.
PAT PORTER, MAYOR
ATTEST:
Carol Freas, City Clerk
New Test Underlined (DELETED TEXT BRACKETED]
sm
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 1 of 3
r a ► •• i
V VW494y V a) Z4 V1 IN
A. Agenda Preparation and Format; Public Testimony
Schedtitled Public A. . The agenda shall include time for
"Scheduled Public Comment." Any member of the public may request that an item be
placed on the agenda for a regular Council meeting under " Scheduled Public Comment
[PERSONS SCHEDULED TO BE HEARD]_'[, AND WILL BE PERMITTED 10 MINTUES
TO ADDRESS THE COUNCIL.] A person who desires to address the Council under
Scheduled Public Comment shall make that request in writing on a form provided by
the Citv Clerk a minimum of e ight (8) days in advance of the Council meeting. The
may elect whether to address any questions from the Council The time limitation
address will not bar a person from speaking. [THE REQUEST SHALL BE MADE TO
THE CITY CLERK ON THE PRESCRIBED FORM, A MINIMUM OF EIGHT (81 DAYS IN
ADVANCE OF THE COUNCIL MEETING.] The person may speak on any topic except
[THE CITY CLERK SHALL INFORM THE REQUESTOR THAT REQUESTS TO BE
PLACED ON THE AGENDA TO ADDRESS THE FOLLOWING TOPICS SHALL NOT BE
ACCEPTED]:
a. items scheduled for consideration on that consent agenda;
[a]b. [I]items scheduled for public hearing on [THE] that agenda[.];,
[b)c. [P]Rersonnel matters[.] and,
[c]d. [1]items upon which litigation involving the person or his /her
representative and the City is currently pending.
New Text Underlined [DELETED TEXT BRACKETED]
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other Council Members and to the City Manager.
3. Unsche Pub C omment The agenda shall include time for
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 2 of 3
residency and address for the record Omission of an address will not bar a person
from speaking The person may speak on any topic except:
a. items scheduled for consideration_ on that consent agenda
b. items scheduled for public hearing on that agendaL};
of personnel matters; and,
d. items upon which litigation involving the person or his /her
representative and the City is currently pending.
consent agenda The agenda shall state that the speaker will be permitted three (3)
ll
speaker present at the meeting; provided however. that no single speaker present may
speak for more than 30 minutes combined on their own. and on others' behalf.
5.
"Citizens" under agenda item "Discussion." The speaker will be permitted five (5)
agenda The speaker shall =dent fy themselves in writing prow' ding their name ci v or
residency and address for the record Omission of an address will not bar a person
from speaking The ,person may speak on any topic ,,except:
I
representative and the City is currently pending.
S. Agenda and Council Packet Publication and Distribution
[2] Notice of the date, time and place, and [FINAL] of the agenda for each
regrul ar Council meeting [WILL BE GIVEN TO THE PUBLIC BY PUBLICATION] shall be
published in a newspaper of general circulation no later than three (3) days prior to
each regular [THE] Council meeting.
New Text Underlined {DELETED TEXT BRACKETED]
-12-
hearing The speaker may elect whether to address anv questions from the Council.
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 3 of 3
[3]2. Notice of the date, time, and place, and [FINAL] of the agenda for each
regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY POSTING TO] shall be
posted on the City's official bulletin board at City Hall no later than six (6) days prior
to each regular [THE] Council meeting.
[413. The City Clerk shall post a copy of the meeting packet to the City's web
site,, and shall also provide a copy of the packet to the I {enai Municipal Library, no
later than six (6) days prior to each regular [THE] Council meeting.
[5]4. Any [MEMBER OF THE PUBLIC OR] person and any organization may
request a copy of the meeting packet, either by paper or electronic copy, The City Clerk
will provide the copy as soon as practical.
[615. "Day" [WILL BE CONSIDERED] is a calendar day. [T]The day of posting
and /or publication and the day of the [c]Council meeting each shall be counted for the
purpose of computing compliance with the posting and publication [ ESTABLISHING]
deadlines.
C. Special Meetings
a special meeting will not include time for Scheduled Public Comment, Unscheduled
Public Comment or Discussion (Citizen) unless reauested by a Council member, the
Citv Manager, or the City Attorney The agenda shall include time for a public hearing
where otherwise required by law for adoption of ordinances and resolutions.
(est. 07/01/091 rev. 02 /03 /10)[ 1, 20091
New Text Underlined ]DELETED TEXT BRACKETED]
-13-
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 1 of 3
►: a r s MI
A. Agenda Preparation and Format; Public Testimony
I . The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and the City Manager, subject to paragraphs (a) through
(d) of KMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to
other Council Members, and to the City Manager.
2. Scheduled Public Comment The agenda shall include time for
"Scheduled Public Comment." Any member of the public may request that an item be
placed on the agenda for a regular Council meeting under "Scheduled Public
Comment. A person who desires to address the Council under Scheduled Public
Comment shall make that request in writing on a form provided by the City Clerk a
minimum of eight (8) days in advance of the Council meeting. The speaker will be
pennitted 10 minutes to address the Council after which the speaker may elect
whether to address any questions from the Council. The time limitation should be
reflected on the agenda. The speaker shall identify themselves in writing, providing
their name, city of residency, and address for the record. Omission of an address will
not bar a person from speaking. The person may speak on any topic except:
a. items scheduled for consideration on that consent agenda;
b. items scheduled for public hearing on that agenda;
C. personnel matters; and,
d, items upon which Iitigation involving the person or his /her
representative and the City is currently pending.
3. Unscheduled Public Comment The agenda shall include time for
"Unscheduled Public Comment." Any member of the public may address the Council
during the schedule on the agenda. The speaker will be permitted three (3) minutes to
address the Council after which the speaker may elect whether to address any
questions from the Council. The time limitation should be reflected on the agenda.
The speaker shall identify themselves in writing, providing their name, city of
residency, and address for the record. Omission of an address will not bar a person
from speaking. The person may speak on any topic except:
a. items scheduled for consideration on that consent agenda;
b. items scheduled for public hearing on that agenda;
C. personnel matters; and,
d. items upon which litigation involving the person or his /her
representative and the City is currently pending.
-14-
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 2 of 3
4. Public Hearings• Consent Agenda Testimony (a) Any member of the
public present may be heard at public hearings on resolutions and ordinances at the
time designated on that agenda for the public hearing or as that time may be extended
at the discretion of the Council. Any member of the public present may be heard at a
time designated on that agenda to accept public comment on matters appearing on the
consent agenda. The agenda shall state that the speaker will be permitted three (3)
minutes to address the Council. The time limitation should be reflected on the
agenda. The speaker shah identify therselves in writing, providing their name, city of
residency, and address for the record. Omission of an address will not bar a person
from speaking. The person shall speak to the issue that is the subject of the public
hearing, The speaker may elect whether to address any questions from the Council.
(b1 With respect to public testimony in public hearings and relating to items on
the consent agenda, persons present at a meeting may give their time over to another
speaker present at the meeting; provided, however, that no single speaker present may
speak for more than 30 minutes combined on their own and on others' behalf.
5. Citizen Discussion The agenda shall include time for citizen discussion
( "Discussion "). Any member of the public may be heard under an agenda section for
"Citizens" under agenda item "Discussion." The speaker will be permitted five (5)
minutes to address the Council after which the speaker may elect whether to address
any questions from the Council. The time limitation should be reflected on the
agenda. The speaker shall identify themselves in writing, providing their name, city of
residency, and address for the record. Omission of an address will not bar a person
from speaking. The person may speak on any topic except:
a. personnel matters; and,
b. items upon which litigation involving the person or his /her
representative and the City is currently pending.
B. Agenda and Council Packet Publication and Distribution
1. Notice of the date, time and place, and of the agenda for each regular
Council meeting shall be published in a newspaper of general circulation no later than
three (3) days prior to each regular Council meeting.
2, Notice of the date, time, and place, and of the agenda for each regular
Council meeting shall be posted on the City's official bulletin board at City Hall no
later than six (6) days prior to each regular Council meeting.
3. The City Clerk shall post a copy of the meeting packet to the City's web
site, and shall also provide a copy of the packet to the Kenai Municipal Library, no
later than six (6) days prior to each regular Council meeting.
-15-
SUBSTITUTE
Resolution No. 2010 -07
Attachment A
Page 3 of 3
4. Any person and any organization may request a copy of the meeting
packet, either by paper or electronic copy. The City Clerk -rill provide the copy as soon
as practical.
5. "Day" is a calendar day. The day of posting and /or publication and the
day of the Council meeting each shall be counted for the purpose of computing
compliance with the posting and publication deadlines.
C. Special Meetings
The agenda format, preparation, posting, publication, and public participation
policies set forth in sections A - B, above, do not apply to special meetings of the
Council. Notice of special meetings shall be made under KMC 1.10.060 and the
agenda shall be circulated to each member of the Council and to the City Manager at
least 24 hours prior to the special meeting where practicable. The City Clerk will
prepare the agenda for a special meeting after consultation with the Mayor and the
City Manager, subject to paragraphs (a) through. (d) of KMC 1.15.040. The agenda for
a special meeting will not include time for Scheduled Public Comment, Unscheduled
Public Comment, or Discussion (Citizen) unless requested by a Council member, the
City Manager, or the City Attorney. The agenda shall include time for a public hearing
inhere otherwise required by law for adoption of ordinances and resolutions.
(est. 07/01/09; rev, 04/21/10)
-16-
11 KIfaye with a Past, C# witk a Future if
210 Fidaigo Avenue, Kenai, Alaska 99611 -7794
" Telephone: 907 - 283 -7535 /FAX: 907 -283 -3014 ftIff
- 199
ikea'yof V
KENAI, ALASKA
MEM"*
TO: Mayor Porter and Councilors
FROM: Krista S. Steams, City Attorney
DATE: April 14, 2010
RE: Substitute Resolution No. 2010 -07
In your packet is proposed substitute resolution 2010 -07, amending the policies
and procedures for administration in preparation, distribution, and publication of
the Council agendas. These policies provide guidance to City administration and
put into effect the rules of order in KMC 1.15.040.
The substitute reflects changes in Attachment A to the resolution. The changes
were made after taking input from the Council at a work session in March. In
response to the information elicited in the work session, more specific instructions
were added to the policies to clarify opportunities for members of the public to
comment on Stems on the consent agenda. Further clarification was also made to
the public comment process of scheduled and unscheduled public comment and
citizen discussion.
The attachment for the resolution, Attachment A, is typed in legislative style as is
the City's custom when amending existing codes, regulations, and policies. For
ease of reading, I have enclosed a "clean" version of Attachment A.
-17-
BOB MOLLOY
(907)283 -7373
bobgmolloyforcouncil. corn
TO: Mayor Porter
Vice Mayor Smalley, Council Members Boyle, Eldridge, Marquis, Moore
FROM: Bob Molloy, Council Member
DATE: April 20, 2010
SUBJECT: Agenda Item 2a, Substitute Resolution No. 2010 -07 Amending the
Administrative Policies and Procedures for the Preparation, Distribution and
Publication of the City Council Agenda and Packet, Including Providing Direction
Regarding the Time and rules for Taking Public Comment.
At our 4/21/10 Council meeting, at the appropriate time, I plan to move to amend
Resolution 2010 -07, Substitute A. To make it easier for Council, Administration and the
public, I am submitting this memo as a lay down for reference. The motion is:
I move to amend Resolution 2010 -07, Substitute A, by inserting a new subsection B in
Attachment A to read as follows:
B. Council Packet Preparation
1. All reports, ordinances, resolutions, contracts, documents, or other matters to be
submitted to the Council for a regular meeting shall be submitted to the City Clerk not
later than four p.m. on the Thursday preceding the Wednesday meeting. The City Clerk
shall prepare the agenda for all of these matters according to the order of business,
numbering each item consecutively.
2. Council Members and administration are each encouraged to submit explanatory
memoranda for any action item that person requests be placed on the agenda.
..with the remaining subsections B and C, to be re- lettered accordingly as C and D.
I respectfully request Council's support of the proposed amendment.
LA �--- Suggested by: City Council
CITY OF KENAI
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
PASSAGE OF UNITED STATES CONGRESSIONAL BILL H.R. 1034 BY THE 111T"
CONGRESS, DESIGNATING THE HONOR AND REMEMBER FLAG AS A NATIONAL
EMBLEM TO RECOGNIZE AND HONOR MEMBERS OF THE UNITED STATES ARMED
FORCES WHO DIED IN THE LINE OF DUTY.
WHEREAS, while war deaths, exceeding one million, have been a part of our heritage
since the birth of this nation, the United States has never instituted an official symbol
commemorating fallen servicepersons; and,
WHEREAS, H.R. 1034 was introduced to the 11 hh Congress, proposing to amend
Chapter 9 of Title 36 of the United States Code, to designate the Honor and Remember
Flag as a national emblem to officially recognize and honor fallen members of the
Armed Forces and to remember each of them by name; and,
WHEREAS, the red field of the flag represents the blood spilled by brave men and
women who sacrificed their lives for the freedoms we enjoy; and,
WHEREAS, the blue star on the flag is a symbol of active service in military conflict
dating back to World War I; and,
WHEREAS, the white border of the flag recognizes the purity of sacrifice; and,
WHEREAS, the gold star on the flag signifies the ultimate sacrifice of a warrior in
active service who will, not return home and reflects the value of the life given; and,
WHEREAS, the folded flag element highlights this Nation's final tribute to a fallen
serviceperson and a family's sacrifice; and,
WHEREAS, the eternal flame element on the flag symbolizes the spirit that lives on in
memory of the departed; and,
WHEREAS, support of H.R. 1034 identifies a unifying symbol to recognize this
Nation's solemn debt to honor the selfless sacrifice and remember individually by
name, the estimated 1.6 million fallen servicepersons throughout history, and the
families and communities who mourn their loss.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1: Support for passage of H.R. 1034 to designate the Honor and Remember
Flag as a national emblem to recognize and honor members of the United States
Armed Forces who died in the line of duty; and,
an
Resolution No. 2010 -
Page 2
Section 2: Designates the Honor and Remember Flag as the City of Kenai s emblem
of service and sacrifice of the members of the United States Armed Forces who freely
gave their lives in the line of duty; and,
Section 3: Directs a copy of this resolution to be forwarded to members of the
Alaska State Legislature for its record, as well as members of the U.S. Senate arld
House of Representatives to encourage passage of H.R. 1034 by the 11 ltb Congress.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April,
2010.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
New Text Underlined [DELETED TEXT BRACKETED]
IN
April 22, 2010
Ms. Dawn Holland- Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 East Tudor Road
Anchorage, AK 99507 -1286
RE: LIQUOR LICENSE RENEWAL
MITAK, LLC, d/6'a Fami
Tourism
At its regular meet' `April 7,
of the liquor license ' t ' ants) fls
on unpaid taxes, defin J "_ taxe
MITAK, L CC d1bla 406 F ° p'
If you have any questions, please con
CITY OF KENAI
Carol L. Freas
City Clerk
elf
cc: Kenai Borough Clerk
KPB Finance Department
Applicant
Sports Cafe JLicense
Beverage Dispensary
ty Council considered the following renewal
ised no objections to the renewal(s) based
she premises to the City.
Beverage Dispensary - Tourism(License
#4s5S)
meat 283 -7535, extension 231.
-20-
RAU
s
:� •
Perryl f;
April 12, 2010
Ms. Dawn Holland- Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 E. Tudor Road
Anchorage, Alaska 99507 -1286
Re: Application for Renewal of Liquor License: #4555
Dear Ms. Williams:
APR 1 4 2 010
A W
Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license
renewal application and has no objection to the continued operation of the liquor license for the
establishment within the City of Kenai, Alaska:
Type: Beverage Dispensary - Tourism License #:4555
Owner: MITAK LLC
DBA: 406 Family Sports Cafe
Location: 10800 Kenai Spur Highway
The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no
objection based on unpaid or delinquent taxes.
Sincerely,
Johni Blankenship CIVIC
Borough Clerk
c: Applicant
City of Kenai
KP3 Finance Department
File
44 North Binkley Street ® Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2160 v FAX: (907) 714 -2388
Foil-free within the Borough: 1- 800 -478 -4441, Ext 2160
EMAIL: assemblyclerk @borough.kenai.ak.us
-21-
APRIL 7, !0 "• • II
EN COUNCI
r s -�
1. Pledge of Allegiance
2. Roll . Call
3. Agenda Approval
4, Consent Agenda
*All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Ordinance No. 2472 -2010 -- Malting Corrective Amendments to the
Development Requirements Table in KMC 14.24.020 Providing for Rear
Setbacks of Ten (10) Feet in the %fight Industrial (IL), Heavy Industrial
(IH), Central Commercial (CC), General Commercial (CG), and Central
Mixed Use Zones (CMU).
Ordinance No. 2473 -2010 -- Increasing Estimated Revenues and
Appropriations by $1,300 in the General Fund for a Library Grant.
3. Ordinance No. 2478 -2010 -- Increasing Estimated Revenues by
$2,029,343.75 and Appropriations by $2,023,595 in the Debt Service
Fund.
a. Substitute /Ordinance No. 2475 -2010 -- Increasing Estimated
Revenues by $2,029,343.75 and Appropriations by $2,023,289.94
in the Debt Service Fund.
4. Ordinance No. 2474 -2010 -- Increasing Estimated Revenues and
Appropriations by $4,660,000 in the Library Improvements Capital
Project Fund.
-22-
a. Substitute /Ordinance No. 2474 -2010 -- Increasing Estimated
Revenues and Appropriations by $4,775,516 in the Library
Improvements Capital Project Fund.
5. Ordinance No. 2476 -2010 -- Authorizing a Budget Transfer Within the
General Fund and Increasing Estimated Revenues and Appropriations in
the Kenai Multipurpose Facility Capital Project Fund for Installation of
Energy Efficient Lighting.
6. Ordinance No. 2477 -2010 -- Authorizing a Budget Transfer Within the
General Fund and Increasing Estimated Revenues and Appropriations in
the Kenai Comprehensive Plan Project Fund,
7 Resolution No. 2010 -20 -- Approving a Cooperative Agreement Between
the Alaska Department of Fish and Game and the City of Kenai for Kenai
River Personal Use Fishery North Shore Fishery Support Improvements
and Authorizing the City Manager to Sign the Agreement on Behalf of the
City of Kenai.
8. Resolution No. 2010 -21 -- Awarding a Contract to Blazy Construction,
Inc. for the Project Entitled, "Kenai Community Library Expansion and
Renovation 2010" for the Total Amount of $4,178,516.00.
Resolution No. 2010 -22 -- Authorizing the Purchase of a Truck for the
Capital Projects Manager from the Capital Projects Management Fund.
10. Resolution No. 2010 -23 -- Opposing "An Initiative Creating an Alaska
Anti - Corruption Act" Which Will be on the 2010 Alaska Primary Election
Ballot.
11. PROTEST OF LIQUOR LICENSE RENEWAL -- L &M Ventures Inc., d/b /a
Little Ski -Mo Drive Inn
12. 97THDRAWAL OF PROTEST --Liquor License Renewal/Alaskalanes,
Inc., d/b /a Alaskalanes Bowling Center -- Recreational Site
13. *Liquor License Renewal -- Alaska Chinook Lodge (License
#4726) /Lodge - Seasonal (May 1 - October 31).
ITEM Ew MINUTES
1. *Special Meeting of March 13, 2010.
2. *Regular Meeting of March 17, 2010,
1. Discussion /Action Item -- Town Hall Meeting
1PA11
ITEM G
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,004
3. *Ordinance No. 2478.2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAC).
4. Action Item -- Deed of Trust /Assignment of Lease and Security
Assignment of Lease -- Loroc, LLC /Lot 7A, Block 1, FBO Subdivision,
Fed Ex Addition (Federal Express).
5. Action Item -- Amendments to Leases /Rate Changes -- Kenai Golf
Course.
6. Discussion /Action Item -- Bird Hazing /Airport -- Dog from Flyaway
Farms.
Discussion -- Schedule Annual Evaluations of City Manager, City
Attorney and City Clerk.
Discussion -- Enforcement Actions for City Code Violations and
Collection of Civil Penalties.
Council on Aging
Airport Commission
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 J:
1. City Manager
2. Attorney
3. City Clerk
-24-
Citizens (five minutes)
Council
EXECUTIVE SESSION -- Pursuant to AS 29.20.020; AS 44.62.310, KMC 1.15.030,
and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of
which would clearly have an adverse effect upon the finances of °he City of Kenai and
to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale
(TransCanada); and, (3) Ma &s Pa Alaskan Treasures, Inc. /Robert &a Debora Loveall
lease dispute.
ITEM! L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Resolution No. 2009 -68 -- Supporting the Alaska Coastal Communities Global
Climate Change Compact and Supporting the State of Alaska Energy Policy as
Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010
Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the
resolution was postponed to the May 19, 2010 council meeting.)
Resolution No. 2010 -07 -- Amending the Administrative Policies and Procedures for
the Preparation, Distribution and Publication of the City Council Agenda and Packet,
Including Providing Direction Regarding the Time and Rules for Taking Public
Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution
No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to
adopt is active.)
Resolution No. 2010 -15 -- Opposing House Bill Number 266. (Clerk's Note: At its
March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.)
ITEMI MI: ADJOURNMENT
-25-
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A -1. PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A -2. ROLL CALL
The City Clerk took roll. Present were:
Joe Moore - Bar
Eldridge
R an Marquis
Robert Molloy
M ike Boyle
Pat Porter, Mayor
j Hal Sm.al.ley, Vice Mayor
A quorum was present.
Also present: Student Representative Maya Johnson
s
The following changes were requested:
ADD TO: Item D -1, Ordinance No. 2472.2010 -- 4/7/2010 Memorandum from
City Attorney Stearns with amendment language.
REMOVE: Item D -11, Protest /Liquor License Renewal --Little Ski Mo Drive Inn
(Clerk's Note: Protest was due to unpaid sales and property taxes.
Notification was received from the Borough amounts were brought current.)
ADD TO: Item F -1, Discussion /Action Item -- Town Hall Meetng -- H. Chay
email transmission related to planning of Town Hall meeting.
Council Member Smalley MOVED to approve the agenda as amended and requested
UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion.
C Z*Tf A
5
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 2
There were no objections. SO ORDERED.
A -4. CONSENT AGENDA
The following change was requested:
ADD AS: Item D -11, Liquor License Renewal -- Little Ski Me Drive Inn
MOTION:
Council Member Smalley MOVED to approve the consent agenda with the requested
change and requested UNANIMOUS CONSENT. Council Member Eldridge
SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
None.
(10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
David Caswell, Sterling -- Caswell updated Council with regard to the Honor and
Remember Flag, noting progress of Alaska Legislature's action of a House Resolution,
and passage of resolutions of support by the Kenai Peninsula Borough Assembly and
the Soldotna City Council. Caswell urged Council to create and approve a resolution
of support.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
D -2. Ordinance No. 2472 -2010 -- Making Corrective Amendments to the
Development Requirements Table in KMC 14.24.020 Providing for Rear
Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial
(IH), Central Commercial (CC), General Commercial (CG), and Central
Mixed Use Zones (CMU).
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2472 -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.
-27-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 3
• + � � s
Council Member Eldridge MOVED to amend Ordinance No. 2472 -2010 by deleting the
last WHEREAS statement in its entirety and replacing it with a new WHEREAS
statement to read:
WHEREAS, because the rear setback standard of ten feet had been enforced since the
effective date of Ordinance No. 2381 -2009, and because this ordinance is corrective in
nature to effectuate the Council's clear intent in Ordinance No. 2381 -2009, it is the
express intent of the Council that the setback standard should apply retroactive to
March 18, 2009, the effective date of Ordinance No. 2381 -2009.
And further, to clarify the effective date as indicated on the bottom of the ordinance
should be May 7, 2010.
Council Member Molloy SECONDED the motion.
There were no Council comments.
VOTE ON AMENDMENT:
Student Representative Johnson: Yes
Moore
Yes
I Eldridge
Y es
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
MOTION PASSED UNANIMOUSLY.
It was noted there had been no known violations as a result of the ordinance and no
problems with the application of the ten -foot setback.
Student Representative Johnson: Yes
D -2. Ordinance No. 2473 -2010 -- Increasing Estimated Revenues and
Appropriations by $1,300 in the General Fund for a Library Grant,
M TONTO RA
i
MOTION O
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 4
Council Member Eldridge MOVED for adoption of Ordinance No. 2473 -2010 and
Council Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
Student Representative Johnson: Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Mollo
Yes
Boyle
Yes
Porter
— j
Yes
S malley
Yes
D -3. Ordinance No. 2475 -2010 -- Increasing Estimated Revenues by
$2,029,343.75 and Appropriations by $2,023,595 in the Debt Service
Fund.
D -3a. Substitute/ Ordinance No. 2475 -2010 -- Increasing Estimated
Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the
Debt Service Fund.
POT alT
Council iviernber Molloy MOVED to enact Ordinance No. 2475 -2010, the substitute
and Council Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were Council comments.
Q
Student Representative Johnson: Yes
Moore Yes
Eldridge
Yes Marquis
Yes
Molloy Yes
Boyle
Yes i Porter
Yes
Smalley Yes
D -4. Ordinance No. 2474 -2010 -- Increasing Estimated Revenues and
Appropriations by $4,660,000 in the Library Improvements Capital
Project Fund.
-29-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 5
D -4a. Substitute /Ordinance No. 2474 -2010 -- Increasing Estimated
Revenues and Appropriations by $4,775,516 in the Library
Improvements Capital Project Fund.
l r, a
Council Member Eldridge MOVED for adoption of Ordinance No. 2474 -2010, the
substitute and Council Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
Student Representative Johnson: Yes
Moore
;Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
j Porter
Yes
Sm alley _ _�
_Yes
D -S. Ordinance No. 2475 -2010 -- Authorizing a Budget Transfer Within the
General Fund and Increasing Estimated Revenues and Appropriations in
the Kenai Multipurpose Facility Capital Project Fund for Installation of
Energy Efficient Lighting.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2476 -2010 and
Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
Student Representative Johnson: Yes
Moore ==7y
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley_
Yes
-30-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 6
D -Fs. Ordinance No. 2477 -2010 -- Authorizing a Budget Transfer Within the
General Fund and Increasing Estimated Revenues and Appropriations in
the Kenai Comprehensive Plan Project Fund.
Council Member Molloy MOVED to enact Ordinance No. 2477 -2010 and Council
Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
Student Representative Johnson: Yes
Moore
Yes Eldridge
Yes
Marquis
Yes
Molloy
Yes Be le
Yes
Porter
Yes
SI mane -_
Yes
D -7. Resolution No. 2010 -20 -- Approving a Cooperative Agreement Between
the Alaska Department of Fish and Game and the City of Kenai for Kenai
River Personal Use Fishery North Shore Fishery Support Improvements
and Authorizing the City Manager to Sign the Agreement on Behalf of the
City of Kenai.
MOTION:
Council Member Smalley MOVED for adoption of Resolution No. 2010 -20 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
There were no objections. SO ORDERED.
D -8. Resolution No. 2010 -21 -- Awarding a Contract to Blazy Construction,
Inc. for the Project Entitled, "Kenai Community Library Expansion and
Renovation 2010" for the Total Amount of $4,178,516.00.
r , • s,
-31-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 7
Council Member Marquis MOVED for adoption of Resolution No. 2010 -21. Council
Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT.
The floor was opened for public hearing.
Bob Peters, Kenai -- Spoke in favor of the resolution.
Eileen Bryson, Kenai -- Spoke in favor of the resolution and thanked Council.
Susan Rorrison, 604 Westwood Circle, Kenai -- Spoke in favor of the resolution and
thanked Council.
There being no one else wishing to speak, the public hearing was closed. Council
comments included:
• Comments in favor of the resolution
• Congratulations and appreciation of the hard work done by those
wanting the expansion.
Council Member Moore requested to be recused from voting, noting Blazy
Construction, Inc. was a client of his employer and felt it would be a conflict of interest
for him to vote on the resolution. Mayor Porter agreed and recused him from voting.
City Manager Koch noted, thanks should be expressed to the Rasmuson Foundation,
as well as Administration's technical management efforts.
:'OTE:
There were no objections. SO ORDERED.
D -9. Resolution No. 2010 -22 -- Authorizing the Purchase of a Truck for the
Capital Projects Manager from the Capital Projects Management Fund.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2010 -22 and
requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
There were no objections. SO ORDERED.
-32-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 8
D -10. Resolution No. 2010 -23 -- Opposing "An Initiative Creating an Alaska
Anti - Corruption Act" Which Will be on the 2010 Alaska Primary Election
Ballot.
MOTION:
Council Member Marquis MOVED for adoption of Resolution No. 2010 -23 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 Member Marquis the ballot initiative would appear on the August primary
ballot; noted it was effectively a gag law; and, because the issue would not be before
the voters until August, he would move to postpone action until July. Council
Member Smalley requested to be added as a co- sponsor to the resolution,
MOTION TO POSTPONE:
Council Member Marquis MOVED to postpone Resolution No. 2010 -23 to July 7,
2010. Council Member Molloy SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE:
There were no objections. SO ORDERED.
D -11. PROTEST OF LIQUOR LICE14SE RENT AL -- L&H Ventures Inc., d /b /a
Little Ski -kilo Brave Inn
This item was removed from the regular agenda and added to the consent agenda as a
liquor license renewal because the amounts owed to the Borough were brought
current. The liquor license renewal was approved by the consent agenda.
D -12. WITHDRAWAL OF PROTEST -- Liquor License Renewal/Alaskalanes,
Inc., ei/b /a Alaskalanes Bowling Center -- Recreational Site
Council Member Molloy MOVED to withdraw the protest to Alaskalanes, Inc., d /b /a
Alaskalanes Bowling Center. Council Member Smalley SECONDED the motion and
Council Member Eldridge requested UNANIMOUS CONSENT.
D -13. *Liquor License Renewal -- Alaska Chinook Lodge (License
#4726) /Lodge - Seasonal (May I - October 31).
-33-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 9
Approved by consent agenda.
ITEM E: MINUTES
E -1. *Special Meeting of March 13, 2010 -- Approved by consent agenda.
E -2. *Regular Meeting of March 17, 2010 -- Approved by consent agenda.
F -1. Discussion /Action Item -- Town Hall Meeting
Council Member Molloy MOVED to approve the format and agenda for the City of
Kenai Community Dialogue on "Continuing to Build a Sustainable Community," the
protocol for community dialogue, and the document title, "What is a Sustainable
Community." Council Member Smalley SECONDED the motion.
There were no public comments or Council comments.
VOTE:
Student Representative Johnson: Yes
Moore Yes
Eldridge
Yes
Marquis
Yes
Mo110 Y esBoy1e
Yes
Porter
Ye
i Smalley � Yes
- --
MOTION PASSED UNANIMOUSLY.
ITEM G: NEW BUSINESS
G -1. Ratification of Bills
Rani sTi�C�3I!F
Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Council Member Eldridge SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
G -2. Approval of Purchase Orders Exceeding $15,000
190
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 10
MOTION:
Council Member Smalley MOVED to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
There were no objections. SO ORDERED
G -3. *Ordinance No. 2478 -2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAC).
Introduced by approval of the consent agenda.
G -4. Action Item -- Deed of Trust /Assignment of Lease and Security
Assignment of Lease -- Loroc, LLC /Lot 7A, Block 1, FBO Subdivision,
Fed Ex Addition (Federal Express).
MOTION:
Council Member Eldridge MOVED for approval of the Assignment of Lease and
Security Assignment of Lease for Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex
Addition and requested UNANIMOUS CONSENT. Council Member Smalley
SECONDED the motion.
There were no public or council comments.
There were no objections. SO ORDERED.
G -5. Action Item -- Amendments to Leases /Rate Changes -- Kenai Golf
Course.
RITWWWA
Council Member Smalley MOVED for approval of the amendment to lease /rate
changes for the Kenai Golf Course. Council Member Eldridge SECONDED the motion
and requested UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
Im
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 11
There were no objections. SO ORDERED.
O -6. Discussion/ Action Item -- Bird Hazing /Airport -- Dog from Flyaway
Farms.
City Manager Koch reported the following:
• A lease a and handler manual had been received from FlyAway
Farms & Kennels related to the Kenai Municipal Airport Bird Hazing Project.
• Lease costs for the dog would be $500 per month or $2,000 for the
season.
• A stipulation was included in the agreement, stipulating the City agree to
pay FlyAway Farms & Kennels $10,000 should death or damage occur to the dog
during the term of the lease.
• Administration recommended entering into the agreement.
• He was informed by Robert Ruffner and Merrill Sikorski funding for the
project would be forthcoming.
® It would be premature to supplement the funding at this time.
• The City would contribute wages to the handler. If supplemental funding
would be needed, the issue would be brought back to Council for consideration.
• He was concerned with the $10,000 liability and wanted Council to be
aware of it
Council comments included:
• Support for cost of wages and supplemental funding if necessary.
• Suggestion insurance would be available to cover the liability.
• Concern of the $10,000 liability cost.
• The dog would be housed at the handler's home as long as the City
would sign a hold har rheas agreement.
• Opposed to moving forward due to the liability and because the dog
would be housed at a location out of the City's control.
• Wants the student (handler) to know, if it does not work out, it was not
because the Council did not support the effort.
• Requested the animal be included in the City's policy.
Council Member Eldridge MOVED to direct Administration to go forward with
pursuing the contract, looking for legal issues, and bring forth the dog that was agreed
upon last fall. Council Member Marquis SECONDED the motion.
It was questioned whether approval would be conditioned upon the work the City
Attorney and City Manager would be doing to finalize the matter and the answer was
yes.
VOTE:
Worn
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 12
Student Representative Johnson: Yes
Moore
I No
Eidrid e
I'es Marquis
Yes —�
Molloy
Yes
Boyle
Yes I Porter
f Yes
_ Smalley
( Yes
MOTION PASSED.
G -7. Discussion -- Schedule Annual Evaluations of City Manager, City
Attorney and City Clerk.
Evaluations were scheduled as follows:
• June 2: City Manager and City Clerk
• June 16: City Attorney
G -8. Discussion -- Enforcement Actions for City Code Violations and
Collection of Civil Penalties.
City Attorney Steams referred to the information included in the packet and noted, it
had been some time since the City had gone forward to collect penalties due to debris,
litter, and junk and abandoned vehicles on properties in the City. She requested
direction from Council to what degree of oversight it wanted and whether to initiate
suits individually or with a blanket authorization. Stearns was asked her preference
and she noted, a blanket authorization, with her providing updates of progress of
processes.
Council comments included consensus with a blanket authorization. Stearns reported
she would draft a resolution for the next meeting agenda. The resolution would
include process guidelines.
Council stated no objections to move forward with two cases in which a civil
enforcement action would be necessary to continue enforcement (Scares and Rodes).
BREAK TAKEN: 7:54 P.M.
BACK TO ORDER: 8:03 P.M.
H -1. Council on Aging -- Council Member Boyle reported the April meeting
had been cancelled and the group would meet again in May.
H -2. Airport Commission -- Council Member Moore reported a work session
and meeting would be held on April 15, 20 10.
H -3. Harbor Commission -- Council Member Smalley reported the next
meeting was scheduled for April 12, 2010.
-37-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 13
H -4. Library Commission -- Council Member Marquis reported on the
meeting held April 6, 2010, which included an update on the expansion project.
H -5. Parks & Recreation Commission -- Council Member Boyle reviewed the
April 1, 2010 meeting summary which was included in the packet.
H -6. Planning & Zoning Commission -- Council Member Molloy reviewed the
March 24, 2010 meeting minutes which were included in the packet, noted Council
Member Eldridge would attend the April 14 meeting in his place, and a work session
would be held on April 28 to discuss the updating of the Comprehensive Plan process.
H -7. Miscellaneous Commissions and Committees
H -7a. Beautification Committee -- No meeting.
H -7b. Alaska Municipal League Report -- Council Member Smalley reported
on a teleconference he participated in and discussed legislative issues.
H -7c. Mini -Grant Steering Committee -- Mayor Porter noted two members of
the Committee had resigned (Baldridge /Chamber, and Reese /high school). She noted
her intention to appoint Carol Bannock (representing the Kenai Chamber) and Jim
Beeson (representing the high school) to the Committee. There were no objections
from Council.
H -7d. Kenai Convention &'V'isitors Bureau -- Council Member Smalley
reminded all of the art show opening on April 23, 2010.
aI -7e. Reports of KPB Assembly, Legislators an' Councils -- Assembly
Member Smalley reported on actions taken at the April 6, 2010 assembly meeting.
ITEM I: REPORT OF THE MAYOR -- Mayor Porter noted the following:
• She took flowers and plants to several new businesses and one that
moved to a new location.
• She attended the Walmart grand opening.
• She delivered home meals.
• Several student representatives (to Council and Commissions) would be
recognized at the May 12, 2010 Chamber lunch.
• She would have a "Coffee with the Mayor" on Saturday, April 17.
• She attended Elsie Seaman's funeral service and learned the City's motto
"Village with a Past, City with a Future" was penned by Seaman.
• She and Council Member Marquis would make a presentation at the next
Kenai Historical Society meeting related to the City's 50th anniversary of incorporation.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager -- City Manager Koch reported the following:
stool
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 14
• He would provide a history and conditions of the transfer of the
Daubenspeck property in the next council meeting packet.
• He had planned to attend a conference in Gettysburg, PA in May, but
after reviewing the conference materials, he probably would not attend.
• He requested suggestions for a formal name for what was now being
referred to as Marathon Park.
• He would attend the Airport Commission work session and meeting on
April 15 to discuss financial feasibility of different project components, i.e. what kind
of return is received on airport fund investments, etc.
• He had been working on a lease proposal for the flight service station; a
new appraisal was received; and, negotiations were moving forward with FAA to that
regard.
® The legislative session would end April 18.
• He recently met with representative from Department of Transportation
and learned the Kalifornsky Beach pedestrian pathway would not go forward.
• It was hoped the Baron Park Drive and access would be bid in June.
• With the addition of the library, there would be approximately $10
million o construction projects going on in the City during the year.
• He reminded Council of the training scheduled prior to the town hall
meeting and requested members RSVP to him if they planned to attend.
J -2. Attorney -- City Attorney Stearns reported the following:
• She included a smoking laws memorandum in the meeting packet due to
questions related to the airport bar concession.
• Written confirmation was received to move forward with hiring a contract
to make repairs to the sprinkler system at Vintage Pointe. A settlement would be
negotiated after the work is completed.
The City provided service to the Kenai Convention & Visitors Bureau with
regard to an agreement for the upcoming art show to provide additional protection.
• A work session is being planned for a September for members of the
City's Personnel Arbitration Board to re- familiarize them with procedures and
requirements when an appeal is filed by an employee.
• Proposed amendments to the policies and procedures for the preparation
and distribution of council meeting agendas, etc, would be on the next meeting
agenda.
• She was elected to the Alaska Bar Association's Board of Governors and
would be representing the Third Judicial District.
J -3. City Clerk -- Clerk Freas reported the following:
• 2010 Financial Disclosure Statements would be due April 15, 2010.
• She spoke with the Borough Assembly President who reported the
Assembly members would prefer holding a joint work session after the October
elections. She had not yet received a response from the City of Soldoma.
ITEM K: DISCUSSION
��
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 15
K -1. Citizens (five minutes)
Bob Peters, Kenai -- Thanked Council, members of staff, past members of staff,
Administration and Council Members for their efforts in bringing the library expansion
project to fruition.
Sal Mattero, 1315 Chinook, Kenai -- Stated he was the President of the Friends of
the Library and thanked Council and Administration, past and present, members of
the Friends, and the Library Director for their efforts in bringing the expansion project
to fruition.
Kathy Hens, 4540 Kenaitze Drive, Kenai -- Thanked Council and Administration for
their efforts related to the library expansion project.
K -2. Council
Boyle -- • Reported he would be out of town for the June 13 and July 6 Council
meetings, but would like to be present for the evaluations.
• Thanked all the City's efforts related to the library expansion project as
well as the citizens involved.
Molloy -- • Agreed with other comments related to the library expansion projects.
• Thanked the Friends of the Library for all the work done toward the
expansion project over the years.
Marquis -- Thanked all who were involved in the library expansion project.
Johnson -- • Congratulated City Attorney Stearns on her election.
• Reported the Kenai Central High School prom would be held on April 17;
soccer would begin on April 23; and, the after- graduation Committee was accepting
donations for the celebration.
• Thanked the Council for the financial assistance for her trip to Juneau.
Eldridge -- • Congratulated Stearns on her election.
• Congratulated the community and all involved in the library project.
Moore -- • Stated it was a great day for the library and congratulated all who
supported the project.
• Congratulated Library Director Joiner on her appointment to the
Governor's Advisory Council on Libraries.
• Congratulated Stearns on her election.
Smalley -- • Thanked all for the work and effort related to the library expansion
project.
• Congratulated Stearns on her election.
MI al
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 16
Congratulated Larry Porter on his State volunteering award.
Questioned whether Council wished to move forward with a resolution in
support of the Honor and Remember Flag program. Porter noted, Mr. Caswell would
be forwarding an updated draft resolution and it would be prepared for the April 21,
2010 council meeting agenda.
EXECUTIVE SESSION -- Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030,
and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of
which would clearly have an adverse effect upon the finances of the City of Kenai and
to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale
(TransCanada); and, (3) Ma & Pa Alaskan Treasures, Inc. /Robert & Debora Loveall
lease dispute.
Council Member Smalley MOVED to convene in an executive session of the Council of
the City of Kenai, to discuss issues, the immediate knowledge of which would clearly
have an adverse effect upon the finances of the City of Kenai and to obtain advice from
the City Attorney: 1) Kenai Landing, Inc.; 2) Potential Land Sale (TransCanada); and,
3) Ma & Pa Alaskan Treasures, Inc./ Robert & Debora Loveall Lease Dispute and
requested City Manager Koch and City Attorney Stearns to attend. Council Member
Molloy SECONDED the motion.
VOTE:
Student Representative Johnson:
Moore
Yes Lidrid
Yes
Marquis
, Ye s
Molloy
Yes i Boyle
Yes
Porter
les
Smalley
Yes r
141! 4 F "s 5 1
COUNCIL CONVENED INTO EXECUTIVE SESSION: 9:08 P.M.
COUNCIL CAME BACK TO ORDER: 10:06 P.M.
Council Member Smalley reported, during the executive session, direction was given to
the City Attorney and City Manager to work on and monitor the Kenai Landing issue;
directed the City Manager to monitor the issue with TransCanada and potential sale of
property; and, directed the City Attorney and City Manager to follow City Code with
regard to Ma & Pal Alaskan Treasures, Inc.
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
-41-
KENAI CITY COUNCIL MEETING
APRIL 7, 2010
PAGE 17
Resolution No. 2009 -68 -- Supporting the Alaska Coastal Communities Global
Climate Change Compact and Supporting the State of Alaska Energy Policy as
Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010
Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the
resolution was postponed to the May 19, 2010 council meeting.)
Resolution No. 2010 -07 -- Amending the Administrative Policies and Procedures for
the Preparation, Distribution and Publication of the City Council Agenda and Packet,
Including Providing Direction Regarding the Time and Rules for Taking Public
Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution
No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to
adopt is active.)
Resolution No. 2010 -15 -- Opposing House Bill Number 266. (Clerk's Note: At its
March 3, 2010 meeting, Resolution No. 2010-15 was postponed, no time certain.)
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 10:08 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast prior to the ofjLCtal council vote and
shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes.
A student representative may not move or second items during a council meeting.
R
PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING; OF: APRIL 21, 2010
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
AMOUNT
AETNA
HEALTH INSURANCE
VARIOUS
HEALTH INSURANCE
72,889.97
HOLIDAY COMPANIES
FUEL USAGE
VARIOUS
OPERATING SUPPLIES
17,562.49
ICMA 401 PLAN
MARCH 401 PLAN
VARIOUS
LIABILITY
17,569.35
ICMA 457 PLAN
MARCH 457 PLAN
VARIOUS
LIABILITY
19,424.76
W INVESTMENTS
e
VENDOR
DESCRIPTION
MATURITY DATE
AMOUNT
)effect InL
RBC CAPITAL MARKETS
FDIC INSURED CERTIFICATES OF DEPOSIT
11/3012010
498,000.00
0-3- 0.35
RBC CAPITAL MARKETS
FDIC INSURED CERTIFICATES OF DEPOSIT
9/29-12/31110
1,243,000.00
0.35-.06%
RBC CAPITAL MARKETS
FDIC INSURED CERTIFICATES OF DEPOSIT
115J2011
248,000.00
0.60%
PUPCHASE ORDER • ° $16 WHICH NEED COUN0DwM-Wojjzf,--
COUNCIL MEETING OF. APRII-21,2010
VENDOR DESCRIPTION DEPT. A CCO U NT - AMOUNT
KENAI REC_ CENTER GYM LIGHTING
KACHEMAK ELECTRIC UPGRADE BUILDINGS
REPAIR & MAINTENANCE
23,726.00
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O. # -DEPT. _ REASON AMOUNT TOTAL PO AMT
UNIVAR POTASSIUM ACETATE 92729 - AIRPORT SHIPPED IN BULK 160.30 16,290.30
i ai@uls �, +l.l
DATE: 14 April 2010
SUBJECT: AWARD OF CONTRACT; KENAI RECREATION CENTER GYM
LIGHTING UPGRADE — 2010
Rick,
The following sealed bids were received at City Hall at 2PM on 14 April 2010 for
the subject project: -
Bidder
Basic Biel
Alt i Alt 2
Total Bid
A -1 Electric
$25
$11,592.00 $11,592.00
$48,320.00
Midnight Sun Electric
$19,508.00
$4 $4
$27
Kachemak Electric
$15,794.00
$3,967.00 $3,967.00
$23,728.00
Big G Electric & Engineering, Inc
$1877000
$4,435.00 $"4,435.00
$27 640.00
Air _Tek, Inc
15,910A0
$4,565.00 $4,565.00
$25,040.00
The purpose of this project is to replace existing lighting in the gym and two
racquetball courts with more energy efficient lighting, This project will remove all
existing HID gym lighting and install the specified product or approved equal in
24 existing openings, The two Additive Alternates will replace the existing
lighting in each of the two racquetball courts on the lobby side with the same
product specified in the basic bid. The existing fixtures are to become the
property of the contractor who is responsible for the handling and disposal as
per applicable regulatory requirements.
Kachemak Electric Co., Inc is the apparent winner of this bid. They are a local
company with a long and successful business relationship with the City, There
are sufficient funds budgeted for this project.
I recommend City Council approve the award of this contract to Kachemak
Electric Co., Inc.
E
Sponsored by: Council Members Molloy and Boyle
ticc<GvnF CITY OF KENAI
NTCMWI s �
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC CHAPTER 1.10, THE COUNCIL, TO ADD A NEW SECTION ESTABLISHING
PROCEDURES FOR THE USE OF COUNCIL CHAMBERS AND THE CITY CLERK'S
CONFERENCE ROOM.
WHEREAS, the City Council Chambers and the conference room in the City Clerk's
office are places for the conduct of the City's business, not otherwise open to the
public for general use; and,
WHEREAS, although these rooms are not available for use by the public, from time -to-
time, and as an accommodation to other governmental agencies, the City has allowed
limited use of these rooms by other governmental agencies in pursuit of their
respective work on behalf of the public; and,
WHEREAS, revision of the City's Code regarding the Council's meeting places would
clarify the limited permitted uses of these rooms and conform to current practices;
and,
WHEREAS, it is in the best interests of the City to clarify the permissible use of these
rooms to ensure that the Council's meeting places are reserved for the Council's use
while still permitting the City Clerk to accommodate occasional requests for use by
other public entities.
in T,iT CO OT rr „ O fl F TH C I TV f1C` Ii TAT
NOW, THEREFORE, BE IT ORDAINED BY iIIE COQ NC ..,.. O ENA ,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Chapter 1 10 of the Kenai Municipal Code The City of
Kenai Municipal Code is hereby amended by adding a new section, Council chambers
and conference rooms, to be numbered 1. 10.070 which shall read as follows:
1.10.070 Council chambers and conference rooms. The Council chambers and
the Clerk /Council conference room in the City Clerk's office shall be und the
supervision and control of the City Clerk Use of either room shall be scheduled by
the City Clerk The rooms shall be used solely for the transaction of the b usiness of
approval by the City Clerk.
Section 3. Severability If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
New Text Underlined (DELETED TEXT BRACKETED)
♦ n
Ordinance No. 2479 -2010
Page 2 of 2
jurisdiction, such judgment shall be confined, in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May,
2010.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: April 21, 2010
Adopted: May 5, 2010
Effective: June 5, 2010
New Text Underlined [DELETED TEXT BRACI {ETED)
M
MIKE BOYLE
(907) 283 -0820
mboyleO,alaska.cont
BOB MOLLOY
(907) 283 -7373
bob@molloyforcouncif.com
TO: Mayor Porter
Council Members Eldridge, Marquis, Moore, Smalley
FROM: Mike Boyle & Bob Molloy, Council Members
DATE: April 8, 2010
SUBJECT: Ordinance 2479 - 201.0, Amendment to KMC 1.1®
iistablishing /Clarifying Use of Council Chambers
Ordinance 2479 -2010 adds a new section to the City's Code at 1.10, The Council. There
is no provision in the Code outlining the use of Council Chambers and the conference
room in the City Clerk's office. This proposed ordinance reflects existing policy —the
rooms are used only for the business of the City with the narrow exception that
occasional use by other governmental entities has been allowed as a matter of courtesy
and accommodation. Other public facilities exist for members of the public to rent or
reserve and to engage in meetings or other expressive activities. Codifying existing
policy will provide notice to the public and other agencies that these rooms are not
generally available for non -City public use.
It is appropriate that Council Chambers and conference room be reserved for the (near)
exclusive use of the Council. The Council needs to have t! e rooms available for off c-
City business and it should not have to compete with other groups who might wish to use
these facilities. The limited use by other governmental entities helps foster good
relationships between the City and those entities and often directly serves the general
public by creating a convenient meeting place in the City for the public to have access to
other governmental agencies visiting the area. Using the rooms only for governmental
business preserves the spaces as neutral areas for all members of the public. The City
Council would have a priority right to use the rooms; however, it is expected that when
another governmental agencies reserves one of the rooms through the Clerk for a
date /time not in conflict with then scheduled use by Council and Commissions, the
Council should respect that arrangement.
We respectfully request Council's support of Ordinance 2479 -2010.
m > Sponsored by: Mayor Porter and Council Members Molloy and Smalley
\\ e ay w CITY OF KENAI
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC CHAPTER 1. 15, RULES OF ORDER, TO ESTABLISH THE FORM OF THE
COUNCIL AGENDA AND SET T1IE ORDER OF BUSINESS, TO EXPLAIN THE
CONSENT AGENDA AND LIST OF PENDING LEGISLATION, AND TO MAKE
CONFORMING AMENDMENTS.
WHEREAS, under Chapter 1.15 of the Kenai Municipal Code the City enacted
legislation to detail procedures for exercising the City Council's legislative powers
vested to it under its Charter; and,
WHEREAS, KMC 7.15.050 sets forth recommended guidelines for conducting the order
of business for City Council meetings; but, those guidelines do not reflect current
practices of the Council; and,
WHEREAS, it is in the best interests of the City to formalize the order of business of
City Council meetings, including providing more specific notice to citizens about when
they may address the Council at times other than during scheduled public hearings;
and,
WHEREAS, while the practice of the Council has been to dispose of routine business
items through the use of a consent agenda, and while the municipal code references
the use of a consent agenda, the Code does not currently outline specific procedures
about how the consent agenda works; and,
WHEREAS, providing additional information about how the Council manages its
consent agenda will clarify the effect of action taken under the consent agenda and, at
the same time, will better inform the public about how the business of the City of
Kenai is accomplished; and,
WHEREAS, the City has no express rules regarding how long items postponed or
tabled should be maintained on the agenda and further guidance is necessary to
advise the City Clerk in maintaining a list of pending legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code The Kenai
Municipal Code, Section 1.15.040, Agenda, is hereby amended as follows:
Yew Text Underline (DELETED TEXT BRACKETED]
0
Ordinance No. 2480 -2010
Page 2 of S
1.15.040 Agenda.
(a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager
may sponsor an ordinance for introduction or a resolution for adoption, and such
ordinance or resolution shall be placed on the agenda of the regular Council meeting
requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager
may request that a discussion item be placed on the agenda of a regular Council
meeting, and such discussion item shall be placed on the agenda of the regular
Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the agenda
subject to policies and procedures adopted under subsection (j). Being placed on the
agenda on the " Scheduled Public Comment [PERSONS SCHEDULED TO BE HEARD]"
portion of the agenda does not limit or restrict the requestor's ability to speak on a
different subject for which public comment is allowed.
(d) A sponsor, all co- sponsors, proposer or requester may request that an item be
removed from the agenda before the agenda is published under the policies and
procedures adopted under subsection u) and such item shall be removed from the
agenda, unless the item has been carried over or postponed from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a) through (d).
A draft agenda shall be circulated to the Mayor and other Council Members, and the
City Manager.
(f) Notice of the date, time, place,. and [FINAL] agenda for each Council meeting
shall be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall under
policies and procedures adopted under subsection (j). Additional public notice of
meetings may be given by other means.
(g) A meeting packet containing the [FINAL] agenda, all legislative items, and [ALL]
supporting documentation for all agenda items shall be distributed to the Mayor,
Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on the
City's website and to be provided to the Kenai Community Library, in order to be made
available for public viewing under policies and procedures adopted under subsection
0). The City Clerk shall cause a paper copy or electronic copy of the meeting packet to
be provided to any member of the public, or to any organization, upon request under
policies and procedures adopted under subsection (j). At least one paper copy of the
meeting packet shall be made available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the Mayor,
each Council Member, City Manager, and City Attorney. The City Clerk shall also
make paper copies of late materials available to the public at the meeting.
(j) The administration may [WILL] develop policies and procedures to implement
this section, subject to review and approval of Council.
New Tent Underlined [DELETED TEXT BRACKETED]
-50-
Ordinance No. 2480 -2010
Page 3 of 5
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as long as
there was a good faith effort at compliance by the City Clerk.
Section 3. Amendment of Section L 15.050 of the Kenai Municipal Code The Kenai
Municipal Code, Section 1.15.050, Order of business, is hereby amended as follows:
1.15.050 Order of business.
(a) The order of business for every regular meeting of the City Council shall [MAY]
be outlined on an agenda [DEEMED TO BE MOST EFFECTIVE FOR REGULAR
COUNCIL MEETINGS. THE ORDER OF BUSINESS MAY BE SPECIFIED BY A
WRITTEN AGENDA OR CALENDAR OR OTHER CUSTOMARY DESIGNATION FOR
SCHEDULING OF THE ORDER OF BUSINESS].
(b) The following shall be the order of business at the regular meetings of the C
Council [A GUIDE FOR THE COUNCIL'S AGENDA, BUT NOT A MANDATORY FORMAT
FOR THE ORDER OF BUSINESS, CAN BE AS FOLLOWS]:
(1) Call to Order. ( ROLL CALL]: pledge of allegiance roil call and a( .A]genda
[APPROVAL,] and consent agenda approval (public comment shall be permitted on
items included on the consent agenda)
QQ Scheduled Public Comment
(3) Unscheduled Public Comment
(4[2]) Public Hearings [(FOR ORDINANCES OR PROGRAMS AS ANNOUNCED)];
(5) Minutes of Previous Meetings;
[(3) PERSONS SCHEDULED TO BE HEARD;
(4) CORRESPONDENCE (READING "vERBATIM NOT REQUIRED IF COPIES
DISTRIBUTED TO THE ENTIRE COUNCIL);]
(6[5]) Unfinished [OLD1 Business;
(7[6]) New Business;
[(7) REPORTS;
(8) PERSONS PRESENT BUT NOT SCHEDULED TO BE HEARD.]
n Commission and Committee Reports;
(9) Report of the Mayor;
(10) Reports from Administration;
(1I) Discussion: citizen discussion and Council Member discussion;
1122) Executive Session (when applicable):
(13) Pending Legislation• and
14 Adjournment.
New Text Un derlined; [DELETED TEXT BRACKETED]
-51-
Ordinance No. 2480 -2010
°age 4 of 5
ll Those items on the agenda that are considered routine the City Managcr and
the City Clerk shall be identified by an asterisk !or similar notation) next to the item as
listed on the agenda and thereby included under that portion of the agenda enti
"Consent Agenda" finless a Council Member requests that an item on the con sent
agenda be considered under the regular meeting agenda and thus removed from the
consent agenda items listed as part of the consent agenda shall be considered,
introduced adopted accepted etcetera as appropriate for the item listed on the
a enda b motion of the Counc l and roll call vote under "Call to Order consent
removed from the consent agenda in its proper numerical ord a s indicatod on the
regular agenda.
u If the Council desires to transact business out of its regular order it m do so
agenda item comes up a majority of the Council can at once lay it on the table and
thus reach any question which it desires to dispose of first.
u The City Clerk shall maintain a list of tabled and pending items This list shall
be stricken at the end of the meeting at which the certification of a regu election of
anv Council Member takes place.
(f) The administration may develop policies and procedures to implement t his
section subieet to review and approval of Council.
jg1 Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as lo ng
there was a good faith effort at compliance by the City Clerk.
Section 4. Severability If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
New Text Underlined (DELETED TEXT
IN
Ordinance No. 24 80 -2010
Page 5 of 5
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May,
2010.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: April 21, 2010
Adopted: May 5, 2010
Effective: June 5, 2010
N Text IInderHned [DELETED TEXT BRACKETED]
-53-
TO: Council Members Boyle, Eldridge, Marquis, and Moore
FROM: Bob Molloy (joined by Mayor Porter and Council Member Smalley)
DATE: April 14, 2010
SUBJECT: Ordinance 2480 -2010, Amending Chapter 1.15, Rules Of Order, To
Establish The Form Of The CouncilAgenda And Set The Order Of
Business, To Explain The Consent Agenda And List OfPending
Legislation, And To Make Conforming Amendments
Ordinance 2480 -2010 makes clarifications to how the Council's regular agenda is set,
and provides Code authority for the new administrative policies and procedures that
Council has been working on per Resolution No. 2010 -07, sponsored by Mayor Porter,
with Vice Mayor Smalley as a co-initiator.
Currently, the City's Code provides only loose guidelines to suggest an order of business,
The City Attorney informs me that it is a common for municipal ordinances to mandate a
specific order of business rather than just to provide general guidelines. In addition, the
existing categories of agenda items listed in KMC 1.15.050(b) do not identify the
categories of the City's business as conducted today and do not speak to all of the several
opportunities during a Council meeting that members of the public have to address the
Council. In addition to public hearings, the Council provides the public three other times
to participate in a given Council meeting, including scheduled "scheduled public
comment," "unscheduled public comment," and "citizen discussion." Currently, KMC
1.15.050(b) does not include any reference to "citizen discussion." It is appropriate to
codify these opportunities for the public to speak, thereby giving greater assurance to the
public that their individual and collective voices can be heard other than only at times of
public hearing.
The proposed ordinance adds a new subsection (c) to KMC 1. 15.050 to better define how
the consent agenda process works. It is not intended that the change would alter current
practice. The list of agenda items and order of business (discussed above) also clarifies
that the public has an opportunity to comment on items included on the consent agenda.
This is also consistent with the proposed administrative policies which emerged from the
Council work session on Resolution No. 2010 -07.
5UA
Because the ordinance amends subsection (b) of KMC 1, 15.050 to mandate the order of
business, rather than merely provide loose guidance, flexibility is needed to permit the
Council to take matters out of order, as the Council sees fit. Thus, the ordinance adds a
new subsection (d) to provide guidance to the Council about how to call up a matter out
of the order published on the agenda. It explains the parliamentary procedure that applies
to take up matters out of order without the need to research the rule each time.
The ordinance adds a new subsection (e) that clarifies when pending matters should be
removed from the agenda. The procedure identified in the new ordinance reflects
accepted practices under Robert's Rules of Order, the City Attorney has said.
New subsections (f) and (g) to KMC 1. 15.050 are added to allow for the development of
the administrative policies and procedures that we are working on under Resolution No.
2010 -07 and to caution that a failure to comply with any code or policy will not
invalidate Council action so long as good faith efforts of compliance are made. These
sections echo the same provisions in KMC 1.15.040, which we added to the Code last
year.
Finally, the ordinance changes wording in KMC 1.15.040 and .050 to be consistent with
current usage and terminology and to make minor clarifications. For example, today, the
Council uses the phrase "scheduled public comment" rather than the phrase "persons
scheduled to be heard." Updating the terminology does not change the current practice or
process; but, it will provide better notice to members of the public about their right to
address the Council. It can be confusing when the Council and the City Clerk use one
term, but another term is published in the Code describing the same process. The
amended terminology is consistent with the administrative policies and procedures also
being considered at the April 21 Council meeting under Resolution No, 2010 -07.
I respectfully request your support of proposed Ordinance No. 2480 -2010
-55-
li
KENAI, ALASKA
Suggested by: Administration
, t
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE PERSONAL
USE FISHERY CAPITAL PROJECTS FUND.
WHEREAS, City of Kenai Resolution No. 2010 -20 authorized the City Manager to enter
into a cooperative agreement with the State of Alaska Department of Fish and Game
for Kenai River Personal Use Fishery North Shore Fishery Improvements; and,
WHEREAS, under the agreement, the Alaska Department of Fish and Game, Division
of Sport Fish (ADF &G) will contribute funds not to exceed $150,000 to reimburse the
City for accomplishing improvements to include two pre -cast double vault restrooms,
pedestrian walkway improvements, permanent signage, and pedestrian barrier
fencing; and,
WHEREAS, improvements are expected to be completed prior to the 2010 personal use
fishery.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Personal Use Fishery Capital Projects Fund
Increase Estimated Revenues:
State Grant $150,000
Increase Appropriations:
Construction $150,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May,
2010.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: April 21, 2010
Approved by Finance: —2 — Adopted: May 5, 2010
Effective: May 5, 2010
New Text Underlined [DELETED TEXT BRACKETED[
-56-
"VC'lfa e wA a Past, C# wN a Fuettre'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 .. .
Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 l 1111- i
1992
TO: City Council
FROM: Christine Cunningham, Assistant to City Manager
Od
THROUGH: Rick Koch, City Manager
DATE: April 13, 2010
SUBJECT: Mutual Rescission of Lease — ENA, LLC
Lots 5 & 6, Block 1, F.B.O. Subdivision
Attached is a letter from Robert W. Everts on behalf of ENA, LLC, requesting execution
of a Mutual Rescission of Lease effective March 31, 2010 for failure to complete
improvements as required in the Lease. The lease allows for cancellation for failure to
complete required construction under Article XIV, paragraph 2 of the Lease. The Lease
required the completion date for constructed improvements to be within two years of the
date of the lease, which date is March 31, 2010.
ENA, LLC is in compliance with the City and Borough. The City Attorney has reviewed
the attached Mutual Rescission of Lease and has no objections to the form.
Should Council approve the attached Mutual Rescission of Lease, the original would be
forwarded to the Lessee for signature.
cc: ENA, LLC
attachments
RN
ENA LLC
PO tB.o-w61680
Fa,%,rbaeL4, ALa cc 99706
(907) 450 -23 75
March 16, 2010
City of Kenai.
Ms. Kim Howard
Assistant to City Manager
210 Fidalgo Ave
Kenai, Alaska 99611-7794
RE: Lots 5 & 6, Block 1, F.B.O. Subdivision
Dear Ms. Howard:
This letter serves as formal notification that ENA LLC will not be completing the
required improvements as defined in Article XIV of the Lease of Airport Lands executed
on April 1 2008. Please proceed with initiating the termination of the Lease of Airport
Lands effective March 31, 2010.
While it was the intent of ENA LLC to make the proposed required improvements, the
property has been determined unsuitable for our large aircraft operations and it is no
longer feasible to maintain the lease at this time. We would like to explore the possibility
of leasing a larger piece of property that would be more suitable to our construction
needs. I£ this option is available, please forward information regarding the property to
our office for review.
Please feel free to contact me should you have any further questions in this matter. Your
prompt attention to this matter is greatly appreciated.
ET
B;
RWE/bds
Very M11v vnurs_
MUTUAL RESCISSION OF LEASE
ENA, LLC, whose address is P.O. Box 60908, Fairbanks, Alaska 99706 (hereinafter
"Lessee "), and the CITY OF KENAI, an Alaska municipal corporation, 210 Fidalgo Avenue,
Kenai, AK 99611 -7794, do hereby mutually rescind that certain lease dated April 1, 2008, and
recorded at 2008 - 001907 -0 in the Kenai Recording District at Kenai, Alaska, on April 18, 2008,
which real property is described as:
Lots d & 6, Block 1, F,B.O. Subdivision according to Plat No. 78 -226
In consideration of the mutual rescission of said lease, ENA, LLC and the City of Kenai
are each and finally discharged as to the other on said lease. Lessee will be responsible for
payment of 2010 property taxes on the above - described property.
This mutual rescission shall be effective on March 31, 2010.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
LESSOR.:
CITY OF KENAI
By: _
Rick R. Koch
City Manager
Page I of 3
W111
(if Lessee is a Corporation)
ATTEST:
Name
Title
Approved as to form by:
Krista . Stearns, City Attorney
Page 2 of 3
LESSEE:
ENA, r -.LC
By:
Title:
-61-
i
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this _ day of 2010, RICK R. KOCH,
Kenai City Manager, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA }
)ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this day of 2010,
, the of ENA, LLC, being personally
known to me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of
the corporation.
Notary Public for Alaska
My Commission Expires:
Return to: City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611
Page 3 of 3
ran
I Villaye with a Past C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ,,,
Telephone: 907- 283 -75351 FAX: 907- 283 -3014 1 11V F
+992
U G
JAMS
SUBJECT: Assignment of Lease — Ocean Beauty Seafoods, Inc.
Tract C, Kenai Tidelands No. 2
Ocean Beauty Seafoods, Inc. has requested an assignment of their lease for the above
referenced property to Ocean Beauty Seafoods, LLC. Ocean Beauty Seafoods will still
utilize the property but the name on the lease will change upon the City's approval. The
parcel is shown on the attached map.
The lease states the lessee must have the City's written consent, which will not be
unreasonably denied, prior to assigning, in whole or in part, its rights as Lessee. The
City Attorney has reviewed the attached Assignment and has no objection as to the
form.
The parties are in compliance with the City the Kenai Peninsula Borough.
If Council approves the assignment, the consent can be executed.
cc: Ocean Beauty Seafoods, Inc.
Attachments
M
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of that certain lease recorded June 20, 1990, at Book 367, Pages 815 — 834,
Kenai Recording District, from Ocean Beauty Seafoods, Inc., whose address is address is P.O. Box
8163, Nikiski, Alaska 99635, to Ocean Beauty Seafoods, LLC, whose address is address is P.O. Box
8163, Nikiski, Alaska 99635, covering the following- described property:
Tract C, Kenai Tidelands Survey No. 2, a portion of Alaska Tidelands Survey
272, containing 2.906 acres, located in the Kenai Recording District, Third
Judicial District, State of Alaska
is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as
contained in that lease as amended.
This Consent is given by the City of Kenai without waiving any right or action, or releasing
the Assignor from any liability or responsibility under the aforementioned Lease, and does not
relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or
assignment.
Dated this day of 2010.
Rick R. Koch
City Manager
Consent to Assignment of Lease — Page I of 2
-65-
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this day of , 2010, RICK R KOCH,
City Manager of the City of Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Retum to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Consent to Assignment of Lease — Page 2 of 2
••
ASSIGNMENT OF LEASE
This assignment is entered into between Ocean Beauty Seafoods, hie., whose address is
P.O. Box 8163, Nikiski, Alaska 99635 (Assignor) and Ocean Beauty Seafoods, LLC, whose
address is P.O. Box 8163, Nikiski, Alaska 99635, (Assignee).
Assignor does hereby assign and transfer all of its interest in the leasehold estate as
evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded June
20, 1990, at Book 367, Pages 815 - 834, Kenai Recording District, and covering the following -
described property:
Tract C, Kenai Tidelands Survey No. 2, a portion of Alaska Tidelands Survey
272, containing 2.906 acres located in the Kenai Recording District, Third
Judicial District, State of Alaska
to Assignee, to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with all the terms and provisions of the Lease.
IN WITNESS WHEREOF, the said Assignor has hereunto set his hand. and seal this
day of 2010.
ASSIGNOR:
Assignnnent of Lease — Page 1 of 3
OCEAN BEAUTY SEAFOODS, INC.
By: _
Name:
Its:
ASSIGNEE:
-67-
OCEAN BEAUTY SEAFOODS, LLC
(If Lessee is a Corporation)
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD iUDICLALDISTRICT )
Its:
THIS IS TO CERTIFY that on this day of , 2010,
(Name), (Title) of
being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf of said Corporation.
Assignment of Lease — Page 2 of 3
Notary Public for Alaska
My Commission Expires:
no
STATE OF ALASKA }
}ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this , day of , 2010,
(Name), . (Title) of
being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf of said Corporation.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Kri' a S. S ,aTns City Attorney
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Assignment of Lease — Page 3 of 3
M
"Villa 5e with a fast, C# witk a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 i�ll�t
942
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: April 13, 2010
SUBJECT: Lot 1A, FBO Subdivision — Dan O. Pitts
(a) Consent to ,assignment of Lease
(b) Assignment of Lease for Security Purposes
The City has received a request for approval of the above referenced agreements. The
leased property is shown on the attached map. The lease allows for an assignment with
the written consent of the City.
The City Attorney has reviewed the proposed documents and has no objections.
Payments to the City and Borough are in compliance. If Council approves the
assignment, the Consent to Assignment can be forwarded for your signature.
cc: Dan O. Pitts
Im
CONSENT TO ASSIGNMENT OF LEASE
FOR SECURITY PURPOSES
The City of Kenai, Lessor in an Agreement recorded in the Kenai Recording District on
July 27, 1984, at Book 243 at Pages 491 - 505, covering the following described property:
Lot IA, FBO Subdivision, South Addition, according to Plat No. 84 -218, filed in
the Kenai Recording District, Third Judicial District, State of Alaska,
hereby consents to the assignment of the right, title, and interest of the Lessee in the above
referenced lease agreement, as amended, for security purposes, to First National Bank Alaska,
whose address is Corporate Headquarters, 101 West 36 Avenue, Suite 333, P.O. Box 100720,
Anchorage, AK 99510.
This Consent to Assignment is given by the City of Kenai without waiving any right or
action and without releasing Dan 0. Pitts, Assignor, from any liability or responsibility under the
aforementioned Lease. This Consent does not relieve the Assignee from the condition requiring
City approval for any subsequent sublease or assigrunent. Lessor's consent shall not be construed
to imply in any way that the Deed of Trust grants any right to collect the rent payable to Lessor
under the lease agreement.
Dated this day of 2010.
Consent to Assignment of Lease for Security Purposes - Page 1 of 2
VM
CITY Or KENAI
By:
Rick. R. Koch
City Manager
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2010, Rick R. Koch, City
Manager of the City of Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Consent to Assignment of Lease for Security Purposes - Page 2 of 2
-73-
Dan 0. Pitts, whose address is P.O. Box 1916, Kenai, AK 99611, hereinafter called
"Assignor ", assigns and transfers to First National Bank Alaska, whose address is Corporate
Headquarters, 101 West 36' Avenue, Suite 333, P.O. Box 100720, Anchorage, AK 99510 -0720,
hereinafter called "Assignee ", all of its right, title and interest under the lease agreement dated
June 19, 1980, as amended, between City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611 as
Lessor and Assignor as Lessee, which covers the following described real property:
Lot. IA, FBO Subdivision, South Addition, according to Plat No. 84 -218, fled in
the Kenai Recording District, Third Judicial District, State of Alaska
This Assignment is executed as sectuity for repayment of $ plus interest
evidenced by a promissory note in said amount of even date herewith executed by Assignor in
favor of Assignee. As further security, Assignor concurrently with execution of this Assignment
has executed a deed of trust covering the above described property, and hereby incorporates in
this Assignment by reference all of the default provisions provided in said deed of trust and
authorizes Assignee in the event of default by Assignor under the promissory note, deed of trust
Assignment of Lease for Security Purposes - Page t of 3
-74-
or this Assignment to foreclose the security covered thereby, Assignor agrees to execute any
further documents necessary or appropriate to effectuate the purposes of this Assigmnent.
DATED this day of 2010.
ASSIGNOR:
By:
Dan O. Pitts
ASSIGNEE:
By:
First National Bank Alaska
Its:
ATTEST:
Title
Assignment of tease for Security Purposes - Page 2 of 3
-75-
STATE OF ALASKA }
)ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this day of
2010, _ _ , being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT }
THIS IS TO CERTIFY that on this day of
2010, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
Assignment of Lease for Security Purposes - Page 3 of 3
IN
KENAI AIRPORT COMMISSION
APRIL 15, 2010
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
ITEM 3: . APPROVAL OF MEETING SUMMARY -- March 11, 2010
• • 330 •
ITEM 5: OLD BUSINESS
a. Discussion -- Tenth Annual Kenai Peninsula Air Fair & Poker Run
a. Discussion/ Recommendation -- 2010 Goals & Objectives
b. Discussion /Recommendation -- Meeting Schedule
ITEM 7• REPORT
a. Commission Chair
b. Airport Manager
C. City Council Liaison
ITEM A: COMMISSIONER COMMENTS AND OUE.STIONS
ITEM 10:
a. Kenai City Council Meeting Action Agendas for March 13, 17 and April 7,
2010.
b. Article entitled, FAA Says Church's Live Oaks Near Hilton Head Airport Must
be Trimmed or Cut.
c. Article entitled, FAA: Planes Can't Use Airport Until Golf Course Cuts Trees.
d. Mutual Rescission of Lease /Lots 5 8s 6, Block 1, FBO Subdivision,
e. Public Service Announcement entitled, Begich Supports FAA Reauthorization
in Senate.
ITEM 11: ADJOURNMENT
-77-
KENAI AIRP COMMISSION
APRIL 15, 0
KENAI CITY COUNCIL CHAMBERS
7 P .M.
r �
ti.1J :7G'1
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knaekstedt called the meeting to order at 7:00 p.m. Rol! was confirmed as
follows:
Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, G.
Feeken, and R. Rogers
Commissioners absent: E. Mayer
Staff/ Council Liaison present: Council Member J. Moore and Airport Manager M.
Bondurant
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Bielefeld MOVED to approve the agenda as presented and
Commissioner Porter SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- March 11, 2010
MOTION:
Commissioner Porter MOVED for approval. of the March 11, 2010 meeting summary as
presented and Commissioner Bielefeld SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE BEARD -- None.
ITEM 5: OLD BUSINESS
5 -a. Discussion -- Tenth Annual Kenai Peninsula Air Fair & Poker Run
Airport Manager Bondurant updated the Commission of the Air Fair plans and
distributed draft poster and newspaper billboard for review and approval.
Commissioner comments included a suggestion to include a "goose" on the billboard
advertisement. The Commissioners stated they liked the poster /billboard
advertisements.
1"00
6 -a. Discussion/ Recommendation -- 2010 Goals & Objectives
The Commission reviewed the goals and objectives from past years which were
included in the meeting packet. Suggestions were made for the 2010 -2011 list and
the list would be updated and brought back for review /approval at the Commission's
May meeting.
6 -b. Discussion /Recommendation -- Meeting Schedule
General discussion took place related to whether changes were wanted in the
Commission's meeting schedule.
s,
Commissioner Zirul. MOVED to keep the current schedule. Commissioner Bielefeld
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 7: REPORT
7 -a. Commission Chair -- No report.
7 -h. Airport Manager -- Bondurant reminded Commission about the Runway
Safety Action Team (RSAT) would meet at 2:00 p.m. on April 26, 2010 at the Beacon
Building.
7 -c. City Council Liaison -- Council Member Moore reported he had met
with the City Manager to review the draft FY 11 budget and noted, the action agendas
for the March 21 and April 7, 2010 council meetings were included in the packet.
ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS
Porter -- would like packets for all commissions emailed.
Bielefeld -- Thanked Bondurant for including Item 10 -e in the packet as it was the
first he had heard of the change in transporting oxygen.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10: INFORMATION ITEMS
10 -a. Kenai City Council Meeting Action Agendas for March 13, 17 and April 7,
2010.
10 -b. Article entitled, FAA Says Church's Live Oaks Near Hilton Head Airport
Must be Trimmed or Cut.
AIRPORT COMMISSION MEETING
APRIL 15, 2010
PAGE 2
W103
10 -c. Article entitled, FAA: Planes Can't Use Airport Until Golf Course Cuts
Trees.
10 -d. Mutual Rescission of Lease /Lots S & 6, Block 1, FBO Subdivision.
10 -e. Public Service Announcement entitled, Begich Supports FAA
Reauthorization in Senate.
ITEM 11- ADJOURNMENT
MOTION:
Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDER the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 8:14 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING
APRIL 15, 2010
PAGE 3
on
.r,.
KENAI HARBOR COMMISSION MEETING
APRIL 12, 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 SU RY -- March 8, 2010
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 6: OLD BUSINESS
a. Discussion -- Drift Boat Pull-Out
ITEM 6: NEW BUSINESS
a. Discussion /Recommendation -- Commission Meeting Schedule.
ITEM 7: REPORTS
a.
b.
Director
City Council Liaison
r-
a. Kenai City Council Action Agendas of March 3, 13, and 17, 2010.
ITEM I1: ADJOURNMENT
Um
APRIL
CITY COUNCIL CHAMBERS
,0
CHAIR TOM THOMPSON, ai
ITEM I: CALL TO ORDER & ROLL CALL
Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was
confirmed as follows:
Commissioners present: P. Morin, B. Osborn, G. Foster, W. Niederhauser, B. Peters,
T. Thompson and B. Nelson
Commissioners absent: None
Staff /Liaison Present: Parks &, Recreation Director B. Frates, Public Works
Director W. Ogle, Council Member H. Smalley
A quorum was present
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Nelson MOVED to approve the agenda as presented and Commissioner
Osborn SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- March 8, 2010
MOTION:
Commissioner Nelson MOVED to approve the March 8, 2010 meeting summary as
presented and Commissioner Osborn SECONDED the motion. There were no
objections. SO ORDERED.
SCHEDULE ITEM 4: PERSONS TO BE HEARD -- Nol
ITEM 5: OL BUSINESS
5 -a. Discussion -- Drift Boat Pull -Out
Director Frates reported he was sent some initial findings from the Kenai River
Recreation Use Study by Alaska State Parks; the information requested by
Commissioner Morin would be available toward the end of April; and, the base study
was expected to be completed in mid - summer.
IN
Discussion followed with comments including:
Interest in a drift boat pull -out in the lower river.
Administration's opinion remained that the placement of a pull -out was a
State responsibility.
Desire for the City to be proactive rather than waiting for the State to
take action.
Suggestion to take a "you build it, they will come" philosophy.
Suggested location behind the Martin property.
Commission's recommendation was to continue tracking Alaska State Parks' progress
on the use study and the Director forward information received from State Parks in
Commission packets for future discussion,
ITEM 6: NEW BUSINESS
6 -a. Discussion/ Recommendation -- Commission Meeting Schedule.
Frates explained other commissions and committees were considering whether to
request changes to their meeting schedules and requested the Harbor Commission to
do the same.
Commission recommendation was to maintain the current meeting schedule
ITEM 7: REPORTS
7 -a. Director -- Frates reported the following items:
Mud removal at the dock ramps had begun.
The ramp replacement project would begin toward the end of April.
A Soccer Clinic would be held in August.
The City would participate in an Alaska State Parks and McDonalds-
sponsored "Kids Don't Float Program' through the summer (free ice cream cone
coupons distributed to those wearing life jackets).
7 -b. City Council Liaison -- Council Member Smalley reported the following
items:
The library expansion project would begin in the near future.
A resolution supporting the "Honor and Remember Flag" project had
been requested.
A bird hazing dog would be incorporated in airport operations through a
suggestion posed by a "Caring for the Kenai" project.
ITEM 8: COMMISSIONER COMMENT$ /QUESTIONS
Foster -- Asked the status of the bluff project and Smalley noted, federal and state
funding requests had been made but no funding had yet been approved by Congress.
i7iY���iL' c • �'�a'�i�'�s3;i���1�i�3�7r�Ti�:3
HARBOR COMMISSION MEETING
APRIL 12, 2010
PAGE 2
rem
ITEM 10: INFORMATION
10-a. Kenai City Council Action Agendas of March 3, 13, and 17, 2010.
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Foster MOVED for adjournment and Commissioner Osborn
SECONDED the motion. There were no objections. SO ORIDEFED.
There being no further business before the Commission, the meeting was adjourned at
approximately 8:03 p.m.
Meeting Summary prepared and submitted by:
Carol L. Freas, City Clerk
HARBOR COMMISSION MEETING
APRIL 12, 2010
PAGE 3
no
KENAI LIBRARY COMMISSOOT
KENAI COUNCIL CHAMBERS
APRIL 6, 2010
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
I TEM 3: APPROVAL OF MEETING SUMMARY -- March 2, 20 10
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM S: OLD BUSINESS
a. Discussion -- Library Expansion Update
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
a. Director
b. City Council Liaison
ITEM 8: COMMISSION COMMENTS /QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agenda Items from March 3, 13 and 17, 2010
council meetings.
b. 3/9/2010 Friends of the Kenai Community Library Meeting Minutes
C. Examples of Library Codes of Conduct
ITEM 11: ADJOURNMENT
loom
M yI h a C01101ISSIO11
KENAI COUNCIL CHAMBERS
APRIL 6, ILi 10
0 P.M.
CHAIR EILEEN BRYSON PRESID
Chair Bryson called the meeting to order at approximately 7:05 p.m. Roll was
confirmed as follows:
Commissioners present: E. Bryson, J. Bookey, B. Peters, K. Glidden
Commissioners absent: M. Graves C. Brenekle, and S. Harris
Staff /Council Liaison present: Library Director M. Joiner, Council Member R.
Marquis
MOTION:
Commissioner Peters MOVED for approval of the agenda as presented and
Commissioner Glidden SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- March 2, 2010
Commissioner Bookey MOVED for approval of the March 2, 2010 meeting summary
and Commissioner Peters SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 5: OLD BUSINESS
5 -a. Discussion -- Library Expansion Update
Director Joiner reported the following items:
• There were two expansion - related ordinances on the April 7, 2010
council meeting agenda as well as a resolution to award the library construction
contract to Blazy Construction.
• It appeared three additive alternates would be included in the award.
• An application was submitted to the State for the Library Matching Grant
Program. She was hopeful the program would be funded or the top six projects in the
State would be funded (Kenai s project was in second place).
:r
ITEM 6: NEW BUSINESS -- None.
ITEM 7: REPORTS
7 -a. Director -- Joiner reported the following items:
• She would be speaking at the Kenai Chamber of Commerce on April 14
with regard to the library expansion project.
• Code of Conduct sample policies (included in the packet as information
items) were there for the Commissioners to review and consider for the May meeting.
• Reports from workshops she recently attended were included as
information items, i.e. Alaska Library Association and Public Library Association.
She thanked the Commission for supporting the Library travel budget.
• The Library received a $4,000 grant from Walmart to put toward the
expansion project for furnishings and technology for the teen area.
• The Girl Scouts raised $701 for the expansion project and would be
presenting it at the April 21 council meeting.
• The Eagle Scouts would be helping to move shelving and books before
construction,
7 -b. City Council Liaison -- Council Member Marquis noted the following
items:
Reviewed action agendas for the March 3, 13, and 17, 2010 regular and
special council meetings, which were included in the packet.
• The administrative policies discussion. was postponed.
• The City was working toward submitting an All- America City Award
application in the next year.
• The City donated $10,000 toward the Russian Orthodox Church
improvement project and $5,000 to the Kenai Watershed Forum to assist in the
monitoring of the River and streams in the area.
• A resolution noting the 50th anniversary of the City's incorporation was
passed at the March 17 meeting and events to celebrate would be planned throughout
the year.
ITEM 8: COMMISSION COMMENTS /OUESTIONS
Bookey -- Thanked the Mayor and Council for the commission/ committee dinner and
was pleased a local construction firm would be awarded the library construction bid.
Peters -- Thanked the Mayor and Council for the commission/ committee dinner,
adding the expansion project was a long time in coming.
Bryson -- Stated she enjoyed the dinner; was excited about the award of contract;
and, mentioned the library tea on Sunday, April 11, 2010.
Glidden -- Thanked the Mayor and Council for the dinner and stated she was excited
about the expansion project.
LIBRARY COMMISSION MEETING
APRIL 6, 2010
PAGE 2
Pat Porter, Mayor, 310 Rogers Road, Kenai -- Presented balloons to the Commission
to celebrate the library project.
10 -a. Kenai City Council Action Agenda Items from March 3, 13 and 17, 2010
council meetings.
10 -b. 3/9/2010 Friends of the Kenai Community Library Meeting Minutes
10 -c. Examples of Library Codes of Conduct
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Glidden MOVED to adjourn and Commissioner Peters SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 7:30 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
APRIL 6, 2010
PAGE 3
na
rAT&
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 14, 2016 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
➢ Commissioner Bryson.
➢ Commissioner wells
*All items listed with an asterisk ( *) are considered to be routine and non - controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these items
unless a Commission Member so requests, in which case the item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *March 24, 2010
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ I 0 -04 —Preliminary Plat —Sunset Rim Subdivision Part Two. A resubdivision of Lot
6 and unsubdivided remainder of Tract B, Sunset Rim Subdivision Part One (250 and 260
Eisenhower Lane). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Rd., Suite
10, Soldotna, Alaska.
5. PUBLIC HEARINGS:
Ut
a. PGI 0-06 —A reso of the PiannIng and .Zoning C " O uamdssion of h r y U f 1` ,
tllii l Kenal
Alaska, recommending Council Adopt the City of Kenai Annex to The Kenai Peninsula
Borough All Hazard Mitigation Plan.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. PZ10 -05 — Landscape /Site Plan (Preliminary) — O'ReiIly Auto Parts — 10511 Kenai Spur
Highway
h. Zoning Bulletin —February 25, 2010
c. State of Alaska, ADF &G — Letter to Royce Roberts, RR KENA LLC
-89-
d. Code Enforcement— ]" Quarter Activity
e. Building Permits — I" Quarter Activity
12. COMMISSION COMMENTS 8: QUESTIONS:
13. ADJOURNMENT:
•R
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:00 p.m.
1 -a. Roll Call
The roll was confirmed as follows:
Commissioners present: K. Rogers, G. Brookman, K. Koester, S. Romain, J. Twait
Commissioners absent: P. Bryson and R. Wells
Staff /Liaison present: Planning Administrative Assistant N. Carver and Council
Member B. Eldridge
A quorum was present.
1 -11. Agenda Approval
MOTION:
Commissioner Brockman MOVED to approve the agenda as presented and
Commissioner Remain SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -c. Consent Agenda
MOTION:
Commissioner Remain MOVED for approval of the consent agenda as presented and
Commissioner Brockman SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
1 -d. *Excused Absences
Commissioner Bryson
Commissioner Wells
Em
Approved by consent agenda.
ITEM 2: APPROVAL OF MINUTES -- *March 24, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT (10 Minutes)
None.
■ r •
4 -a. PZIO -04 - Preliminary Plat - Sunset Rim Subdivision Part Two. A
resubdivision of Lot 6 and unsubdivided remainder of Tract B, Sunset
Rim Subdivision Part One (250 and 260 Eisenhower Lane). Plat
submitted by Integrity Surveys, Inc., 43335 K -Beach Rd., Suite 10,
Soldotna, Alaska.
Commissioner Romain MOVED for approval of Resolution PZ10 -04 and Commissioner
Rogers SECONDED the motion.
Administrative Assistant Carver reviewed the staff report included in the packet,
noting:
Approval of the plat would reconfigure two lots owned by two separate
owners into two larger lots.
Lot 6A consisted of 5.419 acres and the Unsubdivided Remainder of
Tract B was approximately 8.663 acres.
The properties were both zoned Rural Residental.
The resulting lots would meet the requirements for the zone.
The parcels would be accessed from Eisenhower Lane.
City water and sewer serve the subdivision.
No installation agreement would be required.
Administration's recommendation was to approve the plat with Plat Note
4 removed as it did not pertain to the plat.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Commission comments.
Q
B son
Absent
Rogers
Yes
Brookman
Yes
Koester
Yes
Romain
Yes
Wells
Absent
Twait
Yes
PLANNING & ZONING COMMISSION MEETING
APRIL 14, 2010
PAGE 2
N
MOTION PASSED UNANIMOUSLT.
ITEM 5: PUBLIC HEA
5 -a. PZ10 - 06 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending Council Adopt the City of Kenai
Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan.
Commissioner Romain MOVED for approval of PZ10 -06 and Commissioner Brockman
SECONDED the motion.
Carver noted, the last revision of the Plan took place in 2004; the Planning &, Zoning
Commission reviewed and recommended Council approve the Plan; the Plan was
approved by Council with some minor changes; and, the 2010 review /revision was
required by Homeland Security and FEMA.
The floor was opened for public hearing.
Gras Sandahl, Kenai Police Chief -- Chief Sandahl gave an overview of the process of
approval of revisions needing to be made to the City's annex document. Due to some
discrepancies in the document included in the Commission's packet, Sandahl
requested the Commission postpone action on the resolution until its April 28, 2010
meeting. The postponement would allow time to make the necessary corrections and
additions and would still follow the timeline for the Commission's review, preliminary
review by Homeland Security and FEMA, Council for its approval and then the City's
document would be forwarded Borough to be incorporated into the Borough's Plan,
which would require the Borough Assembly's approval.
Commission members were requested to send comments related to the City's Plan to
Chief Sandahl or Ms. Carver by Tuesday, April 20, 2010.
t • • i a � ��7iiY7i71�i�F
Commissioner Remain MOVED to postpone the Resolution No. 10 -06 to the
Commission's April 28, 2010 meeting. Commissioner Brookman SECONDED the
motion.
VOTE:
j B 'son
Absent
Rogers
Yes
Brockman
Yes
j Koest
Yes
Remain
Yes
Wells
Absent
Twait
T Yes
j
PLANNING &, ZONING COMMISSION MEETING
APRIL 14, 2010
PAGE 3
MR
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS -- None.
ITEM 8: PENDING ITEMS -- None.
9 -a. City Council -- Council Member Eldridge reviewed the April 7, 2010
Council Meeting action agenda which was included in the packet, noting the
appropriating ordinances and resolutions related to the library expansion project.
9 -b. Borough Planning -- No report.
9 -c. Administration -- Administrative Assistant Carver reported the
following:
• A memorandum from City Planner Kebschull was provided to the
Commission related to the annual review of the City's current Comprehensive Plan. At
the Commission's April 24, 2010 work session (immediately following the commission
meeting), the update would be discussed.
ITEM 10: PERSONS PRESENT NOT SCHEDULED (3 Minutes)
None.
ITEM 11: INFORMATION" _ I T TEMS
11 -a. PZ10 -05 - Landscape /Site Plan (Preliminary) - O'Reilly Auto Parts -
10511 Kenai Spur Highway
11 -b. Zoning Bulletin - February 25, 2010
11 -c. State of Alaska, ADF &G - Letter to Royce Roberts, RR KENA LLC
Code Enforcement - lst Quarter Activity
11 -d. Building Permits - 1st Quarter Activity
ITEM 12: COMMISSION COMMENTS & QUESTIONS
Brockman -- Reported he would be absent from the May 12, 2010 meeting.
ADJOURNMENT
MOTION:
Commissioner Romain MOVED for adjournment and Commissioner Brookman
SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
APRIL 14, 2010
PAGE 4
93
►.gym
There were no objections. SCE ORDERED,
There being no further business before the Commission, the meeting was adjourned at
approximately 7:34 p.m.
Minutes prepared and submitted by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
APRIL 14, 2010
PAGE 5
-95-
I Oki 4:191 A is I
Suggested by: Councilor Smalley
CITY OF KENAI
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING A
POLICY FOR USE OF PAGERS, PERSONAL DATA ASSISTANTS (PDAs), CELLULAR
AND MOBILE TELEPHONES, AND SIMILAR SOUND - PRODUCING ELECTRONIC
DEVICES DURING MEETINGS OF THE KENAI CITY COUNCIL.
WHEREAS, the ringing and use of pagers, cellular and mobile telephones and
electronic devices, and sending and reading text messages is distracting and disruptive
during Kenai City Council meetings; and,
WHEREAS, use of electronic devices such as cellular telephones during meetings Can
interfere with the City Clerk's recording of the meeting; and,
WHEREAS, the City of Kenai does not_ have a policy regarding the ase of such
electronic devices during meetings; and,
WHEREAS, it is in the best interest of the Council of the City of Kenai to enact a policy
regulating use of such electronic devices to minimize disruptions and distractions
during Kenai City Council meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the Council of the City of Kenai enacts the following policy:
During meetings of the Kenai City Council pagers, personal data assistants
(PDAs), cellular and mobile telephones, and similar electronic sound -
producing devices must be turned off in the room where the meeting is
being held or set to silent or vibrate mode. Cellular telephones or other
similar electronic devices set on silent or vibrate may not be placed on the
Council dais. No incoming or outgoing calls should be taken or made in the
meeting room while the meeting is in progress. Council members and city
staff may not text message (send or read) during meetings.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
February, 2008.
PAT PORTER, MAYOR
ATTE T:
Carol L, Freas, City Clerk
N
COUNCIL MEETING MINUTES
FEBRUARY 6, 2008
PAGE 9
E -8. Resolution No. 2008 -03 -- Setting a Policy for Use of Pagers, Personal
Data Assistants (PDAs), Cellular and Mobile Telephones, and Similar
Sound - Producing Electronic Devices During Meetings of the Kenai City
Council.
Mklk ltjto') G
Council Member Smalley MOLTED for approval of Resolution No. 2008 -03. Council
Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
Bob Peters, Old Town, Kenai -- Asked what the result would be if a cell phone, etc,
were not turned off, silenced, etc. Council Member Smalley noted, if necessary, a
police officer could request the person controlling the phone to make a modification.
Larry Semmens, Soldotna -- Noted, setting a phone to silence or vibrate did not
mean it would not ring.
Chuck Kopp, 107 Willow Street, Kenai -- Stated he sets his phone to vibrate and
suggested others do the same.
An objection to unanimous consent was stated. It was also suggested signage be
placed on the outside of the Chambers as a reminder.
MOTION TO AMEND;
Council Member Boyle MOVED to amend by deleting the last sentence "Council
members and city staff may not text message (send or read) during meetings." Council
Member Molloy SECONDED the motion.
Discussion followed with comments including:
• Text messaging had been used once to let a citizen know when an item
was coming up on an agenda and to input information on the phone calendar.
• The body could stand at ease for a member to make a call to a citizen.
• Receiving a text message during deliberation of an issue could affect the
outcome of a vote.
01#5Z4 dF1%600)ZIP03W A
*Student Representative Harding: Yes
Smalley
No
Eldridge
No
Rass
No
Molloy
Yes
Boyle
Yes
Porter
( No
1 Swarner
No
j
on
COUNCIL MEETING MINUTES
FEBRUARY 6, 2008
PAGE 1.0
Council Member Molloy MOVED to amend by adding to the sentence "No incoming or
outgoing calls should be taken or made in the meeting room." "while the meeting is in
progress." Council Member Ross SECONDED the motion.
*Student Representative Harding: Yes
Smalle
Ye
1 Eldridg
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
r. a ♦ ♦ r. s
*Student Representative Harding: Yes
Smal
TYes Eldridg
Yes
Ross Yes
Moll___ -- , .,
Swar
Yes Boyle
Yes
Y es
Porter Yes
�
i
MOTION PASSED UNANIMOUSLY.
E -9. Resolution No. 2008 -04 -- Transferring $9,400 in the General Fund to
Purchase Banners.
(Heard prior to Item E -1.)
Council Member Ross MOVED for approval of Resolution No. 2008 -04. Council
Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
The floor was opened for public hearing.
Kay Shearer, 61402 Joseph Street, Kenai -- Shearer explained she was chair of the
Beautification Committee and encouraged passage of the resolution.
M
IsTi
r" A �
PUBLIC WORKS DEPARTMENT
April 2010 REPORT
TO: Rick Koch, City Manager
FROM: Wayne Ogle, Public Works Director
DATE: April 14, 2010
SUBJECT: Mid - Month Report; Public Works Department
Public Works Operations:
Wal -Mart — The Building Official issued the Certificate of Occupancy on March 26` 2010. Wal -Mart
held their grand opening on March 31, 2010.
• Our spring weather has enabled the Streets Department to get an early start on sweeping sand from
streets, sidewalks, curbs and grass. This is an on -going process that takes more than one pass in each
area depending on the amount of sand distributed during the winter. When we are in full sweeping mode
we will have four sweepers working at the same time. We are very conscious of the dust that sweeping
causes and will make every effort to wet the sand down prior to sweeping it.
• The Water & Sewer Department continues to assist our engineering consultants and Capital Project
Manager to conduct pilot test programs to examine water treatment methods.
a The 2009 Drinking Water Quality Report is being prepared. This annual report is required to be sent
to all mailing addresses in the area served by the public water system of Kenai by 1 July regarding the
previous year. The purpose of this report is to inform the public of the status of their drinking water. The
City's report is reviewed by the Alaska Department of Environmental Conservation prior to mailing to
Kenai residents.
Status of Projects:
6 Projects in winter shutdown: Kenai Municipal Airport Rehabilitate Apron — 2009 -2010 Kenai Various
Road Improvements — 2009 (Baron Park Lane & HEA Access).
Historical Cabin Relocation Project. The project team is having difficulty finding 12 sound, dry logs for
use in the Dolchok / Juliussen cabin. If these logs are not available, the plan is to acquire green logs,
peel them this summer and use them the following summer. The cabins will be leveled, wooden
walkways and a fence will be installed. The plan is to complete work by Memorial Day. They are also
planning a dedication ceremony including the presentation of a plaque concurrent with the 4th of July
celebration. The Historical Society has formed a committee to receive donations which will be used to
furnish the cabins.
4 Kenai Recreation Center Locker Room Upgrade — 2010. This project will provide upgrades to the
gym -side locker rooms located at the Kenai Recreation Center. Project will include repair and painting of
ceilings and walls, replacement of partitions, fixtures, counter top, base molding, mirror, and boiler room
doors along with electrical upgrades. One set of lockers in the men's locker room will be replaced as
well. The contract has been awarded to Blazy Construction, Inc. The project is expected to start on April
19
8 Kenai Recreation Center Gvm Lighting Replacement The project will remove all existing HID gym
lighting and install 24 more energy efficient fixtures in the existing ceiling openings. The project will also
include replacing the existing fights in the two racquetball courts nearest the lobby. The project bid
opening was held at 2PM on April 14. The apparent low bidder is Kachemak Electric.
+ Kenai Visitor's Center —The project is underway. Blazy Construction, Inc. is upgrading storage
cabinet fronts and replace door handles and hinges in the copy machine room. In a separate project, the
City is also considering the installation of a window treatment system that will help protect exhibits from
UV light and also window blinds in certain windows.
-101-
i^ miff
r
e T W • p W
The status of the projects is as follows;
Kenai Communitv Library Expansion Project — Architecture by ECUHyyer, Inc. - The Bid Documents were released on
March 9, 2010. Bids were opened on March 31, 2010, with the low bid of 4,178,516 submitted by B lazy Construction,
Inc and a contract was awarded at April 7, 2010 . Council Meeting. Contracts have been released to the contractor for
signature with mobilization to the site occurring around April 21".
Bridge Access Road Water & Sewer Main Extension — Engineered by Wm. J. Nelson & Associates. Invitation to bid
was advertised on November 30 and seven bids were received on December 30. The Council awarded the contract to
North Star Paving and Construction Inc for $3,218,000.80 awarding all four additive alternates on January 6, 2010.
The notice to proceed was signed on January 18, 2010. The submittal process is underway, with extra focus placed on
the Buy American documentation compliance. Contractor is currently under way with focus on station 32.50 to station
34.75 which includes the directional boring below the wetlands and the lift station. The boring for both the sewer and
water have been completed and focus will then be directed to the other direction drilling and lift station construction,
Lawton Drive Water Extension Project — Engineered by Wm. J. Nelson & Associates. All permits are in place, and the
project was advertised on December 28 " and eight bids were received on January 28 ° . intent to award was issued to
North Star Paving and Construction Inc for $619,580.00. The contract was awarded by council award at the February
3r meeting and Notice to Proceed was issued on February 1.6, 2010. Pipe welding is completed and excavation,
dewatering and pipe installation are under way.
Arsenic Ground Water Study — Engineered by HDL with Pilot studies by HDR. Amendment I2 was approved by
ADEC and testing began at North Spruce well on January 4"' and was completed on January 14. The test equipment
was then moved to Well Two beginning on January 14, 2010 and was completed on January 18. A draft report was
received on February 1 and js currently being evaluated while waiting for receipt and inclusion to the report of t, ".e lab
analysis data. Preliminary data points to a primary focus of water treatment at the Well Two site considering the
difficulties experienced at the North Spruce well. Preliminary tests of an alternate salt based system are currently
under way.
South Beach Dunes Fencing — This is an American Recovery and Reinvestment Act (ARRA) funded project
administered by U.S. Fish and Wildlife Service. The required approval has been received from the Donald E. Gilman.
River Center and the project is waiting for the U.S. Army Corps of Engineers approval prior to proceeding with the
project. Due to the ARRA requirements, the project funding may not be adequate to complete the entire 5000 feet of
fencing so the project will be bid with alternates, to allow for as much fencing as possible.
Multi Use Facility Lighting Upgrade — Registration with the Department of Energy's (DOE) PAGE system is
complete. Coordination with the DOE is under way for development of documents compliant with the ARRA funding.
The remaining funds necessary for completion were appropriated at the April 7 council meeting. Development of the
procurement documents is under way.
Water and Sewer Rate Study Update — Negotiations have been completed with CH2M Hill; the professional services
contract was awarded at February 17 Council meeting. The contract has been signed and a Notice to Proceed was
issued on March 15, 2010,
Toeiak to Beaver Loop Water Extension Project. — Engineering by Wm. J. Nelson & Associates. This is the continuing
extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal
Assistance Grant (STAG), with the design scheduled for completion in early May with Council award scheduled for
June.
sm
tl�ecilyo {//
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief f1.5
DATE: 4114/10
SUBJECT: Police & Communications Department Activity— March 2010
Police handled 526 calls for service, down 7% from March 2009. The Communications Center
received 286 emergency 9 -1 -1 calls (127 from cell phones). 3,668 administrative calls were
processed by Communications personnel.
Officers made 45 arrests and wrote 345 reports. Officers investigated multiple felony offenses.
Traffic enforcement resulted in 165 warnings, 44 speeding tickets, 16 seatbelt tickets, 1 citation
for an equipment violation, and 29 citations for "other" traffic violations. There were 3 DUI
arrests (all misdemeanors). Police investigated 10 vehicle crashes (3 injury crashes). None of
the crashes were DUI- related. One of the crashes involved a moose (mile 12 -14 of the Spur
Highway). There were no bear incidents /sightings reported to the Ke jai Police Department.
In the schools, SRO Mitch Langseth handled 11 police - related calls for service. Officer
Langseth and Officer Douthit continue to teach 7th grade DARE at KMS. They facilitated DARE
graduations for 5ch graders at Mtn. View and Kaleidoscope. Officer Langseth presented internet
safety at Aurora Borealis, KMS, and KCHS. He also helped Officer Turnage with three K9 and
drug awareness presentations at KCHS.
On March 23r Inv. Whannelf attended a 3 -day course on electronic evidence in Anchorage.
On March 24 Chief Sandahl and Lt. Ross attended a 3 -day course on the Incident Command
Structure (ICS -300) at the Soldotna Emergency Response Center,
On March 27` Officer Kelly George successfully completed 12 weeks of polygraph training in
Pennsylvania.
On March 12 a significant Communications Center upgrade was completed. The Justice
Assistance Grant (JAG) funding allowed for the replacement of furniture with modern,
ergonomic dispatch stations, as well as the installation of a large server rack to properly store
the department's multiple computer servers.
-103-
ANIMAL CONTROL MID -MONTH REPORT
March 2010
KENAI, ALASKA
Bogs
2010
2009
Dogs
2010
2009
STRAY
63
54
ADOPTED
44
35
Do-s
0
36
Dogs
33
23
Cats
16
12
Cats
9
12
Other Species
0
0
Other Species
2
0
RELEASED BY OWNER
50
38
CLAIMED
10
18
Dogs
32
22
Dogs
9
15
Cats
16
16
Cats
1
3
Other Species
2
0
Other Species
0
0
D.O.A
0
8
EUTHANIZED
58
39
Bogs
0
0
Dogs
37
14
Cats
0
0
Cats
21
27
Other Species
0
0
Other Species
0
0
TOTAL ANIMALS
119
100
Other Disposition
1
0
Borough Animals 42 28 Field Investigations 90 40
Total Dogs 81 66 Volunteer hours 92 57
Total Cats 36 34 Total phone 641 814
Total Other Species 0 0 Kennel Permits 0 0
Community Involvement Projects:
3/2/2010, Sterling Elementary School field trip, 12 kindergartners
3/13/2010 Annual Rabies Vaccination clinic, 249 rabies and 85 Parvo /Distemper vaccinations
3/17/2010, Kenai Middle School, Cottonwood Behavioral Health field trip, 6 students.
-104-
01 1-flOW ,
To: Rick Koch, City Manager
��. From: Terry Eubank, Finance Director
Date: April 15, 2010
Re: Monthly Report
The past month has been a busy one with much of the department's focus on the
preparation of the FY2011 Budget. The first draft of the budget was distributed
March 29
The department continues working with Chief Tilly on final implementation of the
contracted ambulance billing service. A draft policy has been included in this
Council Packet. Completion of that process is expected in the next 30 to 60
days.
Insurance renewals, excluding health insurance, for the upcoming year have
been completed and rates are expected to be comparable to last fiscal year.
The department has been busy wrapping up interviews for seasonal hire. A total of 74 applicants
were received this year.
Grou idskeeper Dave Hernandez completed his underground sprinlder installation training conducted by
Rainbird Corporation. Training was held at their corporate office in Tucson, Arizona
Director Frates completed his pesticide certification through the local Cooperative Extension Service on
April Rty,
Grooming operations at the Kenai Golf Course have seized due to lack of snow
Representatives from the Challenger Sports British Soccer Camp arrived in town April 13 to promote the
soccer clinic they will be conducting August 9 -13 Arrangements were made for them to distribute camp
material to folks at the Recreation Center during indoor soccer play.
Mud removal at the City Dock facility was initiated and will continue this month through the low tide series.
G &H Construction is anticipating a start date of April 28 for the concrete ramp replacement project.
Nelson & Associates are wrapping up their design work for raised walkways on the north beach. A set of
drawings are expected soon. The Director has also been coordinating with Galaxy Graphics on potential
design work for a new interpretive /educational sign for the beach dunes.
Blazy Construction is scheduled to begin their locker room remodeling project at the Kenai Recreation
Center April 19 th .
Community Garden plot reservations as well as park reservations are beginning to pick up. The department
currently has 8 plots reserved.
The Director will be coordinating with a local student who wishes to obtain his Eagle Scout badge. One area
currently being looked at is the bluff overlook area at the end of Spur View Dr. Project would include
cleaning up of the area and general improvements.
The local Kenai Peninsula Soccer Club will be using the new soccer fields for a coaching clinic May lst &
2 " weather dependent.
-- "' LIBRARY MID -MONTH REPORT
\ tLecityof APRIL 2010
KENAII, ALASKA
March Circulation Figures
Adult Fiction
2,526
Internet Access
1,387
Adult Non- Fiction
1,792
Music
135
Periodicals
117
Puzzles
0
Juvenile Fiction
795
Videos
493
Juvenile Non - Fiction
326
DVDs
3,055
Easy Fiction
1,387
Audio books
200
Easy Non - Fiction
374
Miscellaneous
43
Interlibrary Loan
48
Computer Programs
12
Total Print 7,365 Total Non -Print 5,325
Total Circulation
12,690
In -House circulation
296
Library Moor Count.......
9,387
Downloadable Audio
191.
The total circulation for March of 2010 was
17% higher than the circulation in March 2009.
Income
Fines
Xerox
Lost/Damaged
Test Proctoring Fee
Printing
Total income 03/10
Volunteers
9
Hours
61
$ 1,712.55
75.50
155.83
40.00
279.50
$2,263.38
Library Cards Issued
March 2010
Internet Only
7
Anchor Point
1
Clam Gulch
2
Kasilo£
2
Kenai
62
Nikiski
8
Ninilchik
t
Soldotna
17
Sterling
2
Non - Resident
2
Organization &
Other 8
Total
112
We received an opening day grant from Walmart of $4,000 for furnishings and technology in the
new teen area.
Kevin Lyon and I worked on and submitted the application to DCCED (Department of
Commerce Community and Economic Development) to qualify for the as of this writing yet
unfunded Library Construction and Major Expansion Matching Grant Program.
U119
ttie��tyL
KENAI, ANE6
To: Rich Koch, City Manager
From: Rachael S. Craig, Senior Center Director
Pate: 04/06/10
Subject: March Monthly Report
Total March Meal Count 2010 . Served:
Total Congregate Meals Served: 1,264
Total Home Meals Served: 1,548
Total March Meal Count 2009 Served:
Total Congregate Meals Served: 1,289
Total Home Meals Served: 1,841
We were rented once in March.
There were 907 volunteer hours during the month of March.
The "March for Meals" fundraiser dinner was a success. 'The senior high students that helped us organize
the event did an excellent job. They assisted with advertising, sold tickets, served dinner and helped the
auctioneer with the pies. We sold all the tickets and Duane Bannock was a great a pie auctioneer. We will
apply to have funds raised match with two other grants. Mayor Pat Porter spent a day with the home meal
driver delivering home meals. Many of our home meal clients have commented it was good to see and
meet her.
A government student provided a "Bingo" night for area seniors. She solicitated prizes from local vendors
for winners of the games. Senior Connection, Inc. had a concession stand. 45 seniors participated.
We held a six -week class on vision concerns. 17 seniors participated in the workshops and found it very
beneficial.
We are collaborating with the Kenai Perforiners to present the annual the Mystery Dinner Theater on April
23 and 20. The play this year is, "Murder at the Pie Auction" written and directed by Mike Druce. The
dimler will be veggie and fiuit tray, fried chicken, mashed potatoes and gravy, corn on the cob with pie for
dessert. Tickets are on sale for $30 each. Proceeds are split between the two groups.
1
♦: fY ..i - l:i ..
Airport Proiects
Taxiway F G & H Lighting Grading, & Drainage Improvement Winter shutdown.
Apron Rehabilitation A tenant meeting was held March 16 to discuss the summer
construction schedule. The meeting was well attended and every effort will be made to
Float Plane Basin Facility Improvement Proiect The draft Supplemental Environmental
Assessment has been prepared and is being reviewed by all agencies.
Runway Safety Action Teams (RSAT): A reminder that the RSAT team, composed of
experts from Runway Safety, Airport Certification, Flight Standards, Air Traffic, and
Operations, will be in town the end of April. The meeting with airport users is scheduled
for 2:OOpm on Monday, April 26, at the Beacon Fire Training Facility.
10"' Annual KPAF Update: The Air Fair committee is continuing their work for the event They are
still very much in need of volunteers to help with a variety of jobs, including cooks for the hamburgers
and hotdogs, so if you have a couple of free hours let us know. The poster design should be complete
by mid April. The next planning meeting is April 29, at 4:30pm in the Airport Managers office.
Airport Full Scale Disaster Exercise: On Wednesday, April 2e, the Airport and KFD will be
conducting a Part 139 required full -scale emergency exercise. The drill is designed to evaluate the
Airport Emergency Control Plan (AECP) in coordination with all area emergency agencies responding
realistically. The public will see lights, hear sirens, and hear emergency radio traffic.
Alaska Airmen's Trade Show: The Airport Manager and Assistant to the City Manager will be in
Anchorage May 1 and 2 marketing the airport and the Kenai Peninsula Air Fair. The 2 day event is
held in the Fed Ex hangar.
Airport Operations Training: Brainseed Global Aviation Services and Alaska Airports Association
have partnered to provide an airport operations practicum created specifically for Alaska airports
personnel. This is a two and on half day training course scheduled at Ted Stevens International
Airport from May 3-5, 2010. Two airport employees, Dan Evenson and Matt Landry, will be attending
this training.
2010 -04
m
"'Vill rvA a Pa,54 C# wA a Fa�are"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I1 i
Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 I
f992
M
TO: Rick Koch
FROM: Fire Chief Michael Tilly
DATE* April 15, 2010
Spring has come on fast and the calendar is starting to fill fast with upcoming
events and training. April 26 we will start our training with the 103' Civil
Support Team on familiarization and use of the Borough's Haz Mat trailers.
These trailers were purchased with a homeland security grant years ago and the
103rd are experts in this field. April 27 we will be participating with the 83
CST from Montana on a drill site at Salamantof Seafood. We will be simulating
the release of ammonia gas and coordinate a response utilizing the 83 April
28"' we will be doing our Airport disaster drill. This drill will simulate an air crash
at the airport and will fulfill the mandates of CFR Part 139 for the airport. We
are coordinating with Central Peninsula Hospital to shuttle patients there so they
may test their ability to handle such an emergency.
April 29 we will again be training with the 83 CST simulating a post
earthquake disaster dealing with a meth lab. This is a fairly complex situation
and should be a great training opportunity. On the 4 of May we will be working
with Nikiski Fire Department on mutual aid training at the Beaver Creek station
on Marathon Rd. We have a weeklong training course being held locally for
Ammonia response situations and finally we will be doing our live fire drills at the
Beacon Training Center May 17 through 19.
We just received out turnout washer and dryer and hope to get it installed as
soon as possible. Over all run numbers are on par with past years but we expect
call to increase with summer's arrival.
sme
OUIRM, M�l
Ina o il
• r
1. 4/21/2010 Purchase Orders Between $2,500 and $15,000 for council review.
2. Budget Transfer in Capital Projects in excess of S 5,000,
3. 4/15/2010 T. Eubank memorandum entitled, "Alaska Public Entity Insurance
Premium Rebate."
4, 4/ 15/2010 T. Eubank memorandum entitled, "Quarter Ending March 31, 2010
Investment Report."
5. 4/15/2010 T. Eubank memorandum entitled, "Quarterly Financial Report."
6. 4/1/2010 J. Clark, Boys & Girls Clubs of the Kenai Peninsula memorandum
related to attendance data pursuant to grant requirement.
7. 3/17/2010 L. Kent, Department of Environmental Conservation regarding
beach conditions during the Kenai personal use dip net fishery.
8. Commonwealth North Resolution No. 2010 -2 entitled, "Facing the Facts,
Confronting the Future, Taking a Stand."
9. 4/14/2010 M. Johnson postcard thanking Council for financial assistance to
travel to Juneau to attend the Alaska Youth for Environmental Action Summit.
10. 4/7/2010 A. Fields, Principal, Kenai Central High School letter to introduce
Hannah Coffman, selected to fill the Council's student representative position.
11. Draft Kenai Fire Department Fee Billing and Collections Administrative Guide.
12, 4/20/2010 Kenai Peninsula Borough Assembly Meeting Agenda.
5W
COUNCIL MEETING OF: 0 0
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
ENVIRONMENTAL MACHINES
GLASER & ASSOCIATES
CYLINDERS, ETC.
COLLABORATIVE LEADERSHIP TRAINING
DEPOSIT
VT" C
COMP PLAN
OPERATING= SUPPLIES
PROFESSIONAL SERVICES
4,527.00
5,737.50
W
s
"Village with a Past, C# with a Future'
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 -283 -7535 ext 221 / FAX: 907 -283 -3014
To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: April 15, 2010
Re: Alaska Public Entity Insurance Premium Rebate
Attached is a copy of a letter received from Alaska Public Entity Insurance Company (APEI)
explaining that due to good investment performance over the last year coupled with good claims
history APEI's financial performance was better than expected and the companies reserves are in
excess its needs. As a non-profit organization, APEI has elected to distribute its excess reserves
to the members who paid premiums and controlled claims creating the credit. The City of
Kenai's check is for $21,873.
As noted in APEI's letter, this should be considered a one -time dividend. The decision to pay
such dividends is made on an annual basis based upon the company's financial performance.
ff fft
�n
April 12, 1 .010
All Members of Alaska Public Entity Insurance
Ile: Dividend
Dear APEI Member School Board, City Council, or governing body:
It is with great pleasure that I send to each current APEI member a dividend. This dividend,
declared by the APEI board at its March 30 meeting, is the result of unusually strong investment earnings
combined with continued good claims experience.
We know that good claims experience is directly tied to good business practices of our members.
Please ask your insurance broker to work with you to utilize the loss control services APEI provides to
you. In fact, a premium credit is available for members that take advantage of free training and loss
control consulting. Reducing worker injuries and absences will improve performance and save money.
APEI is a nonprofit insurance pool. Because of its nonprofit nature, APEI has committed to its
members to collect and maintain only sufficient funds to cover its operations, including the payment of all
claims, while retaining a reasonable reserve sufficient to cover any serious umexpected events. Several
years ago, with the advice of experts in the insurance pooling field, the APEI board of directors set a
target for this reserve. With the members' good claims record in recent years, APEI has been able to
maintain very competitive rates while meeting, and now exceeding, its reserve target. In consideration of
our members the board is returning a portion of this surplus through this dividend as well as a credit
toward each member's 2010 -2011 renewal premiums.
This should be considered a one -time only dividend. Each year at its spring meeting, the board
will reassess its reserves and, if sufficient surplus is available, provide additional credits and /or dividends.
We encourage each member to continue loss control efforts, because a reduction in losses is the most
effective way to reduce the pool's expenses, thereby increasing the potential for excess reserves.
Please feel free to contact 3eff Bush, APEI Executive Director, if you have any questions.
Sincerely,
Larry Semmens, Soldotna City Manager
APE! Board Chair
Cc: APEI Members' Brokers
End: Dividend Check
ffam
;1iPr12 _7.irilnN 0 Yr
TO: Rick Koch, City Manager
. FROM: Terry Eubank, Finance Director
DATE: April 15, 2010
SUBJECT: Quarter ending March 31, 2010 Investment Report
City of Kenai Investment Portfolio
At March 31, 2010 the City had investments with a market value of $23,903,360 that is up from
$23,243,970 at December 31, 2009. The City's portfolio is yielding 1.53% that is down from
1.71 % at December 31, 2009,
City's Investment Portfolio
US Agency Securities $ 17174,645
AML Investment Pool 178,597
Wells Fargo Money Market 2,258,116
FDIC Insured Certificates of Deposit 3,476,921
Bank Balance 715.081
Total $
Airport Permanent Fund Investment Portfolio
The first quarter of 2010 saw continued recovery of the equities markets and positive returns for
the fund. For the quarter, the portfolio returned 4.01 % and was 0.11 % above its benchmark for
the same period. Since inception the portfolio has earned 15.31%. Based upon earnings
through May 31, 2009, $289,136 was withdrawn from the fund and transferred to airport
operations. Management of the fund allows actual earnings or a maximum 5% to be transferred
from the permanent fund to operations for the first two years of the funds existence. Absent
serious declines in the financial markets it is anticipated the fund will produce a transfer of
$891,268 to the Airport Operation Fund in June. This is $581,268 higher than projected.
SM
CITY OF KENAI
MAN
December 2009
Current
0.
0.
Average
Yield
3overnment Securities
Maturities Less than 1 Year
Fair Market
Maturities 1 to 2 Years
Value
Cash & Cash Equivalents
5,741,770
Wells Fargo Checking
$ 715,081
Wells Fargo Secured Money Market
16
2,258J16
FDIC Insured Certificates of Deposit
3,476,921
Alaska Municipal League Investment Pool
178,597
Total Cash & Cash Equivalents
6,628,715
Current
0.
0.
Average
Yield
3overnment Securities
Maturities Less than 1 Year
5,033,020
Maturities 1 to 2 Years
6,499,855
Maturities Greater than 2 Years
5,741,770
Total Government Securities
17,274.645
Total Portfolio
3.29 %1
0.86%
Investment Portfolio - Purchase Price
Investment Portfolio - Fair Value 6/30109
Fair Value Adjustment - 6/30/09
Fair Value Adjustment - 03/31/10
Cummulative Change in Fair Value
$17,224,372
17,343,352
118,980
{68,707)
S 50.273
Portfolio Liquidity
CITY OF KENAI
Investments 03.31 -10 COK
CITY OF KENAI
INVESTMENTS
3/31/2010
L6 e7
Current Year Cost
or 6130/2009
03/31(90
Unrealized Gain EFFECT.
DATE
DATE
SECURITY
CUSIP
Market Value
Market Value
or loss
RATE
PURCH.
DUE
FHLMC 3.0
312BX7FG4
2,028,500.00
2,002,400.00
(26,100.00)
3.000
4/23/2008
4/23/2010
FHLMC
3128X8TX0
1,000,240.00
1,000,390.00
150.00
2.000
4/8/2009
4/1812014
FHLMC 2.04/27/12
3128X8XS6
999,989.08
990,525.20
(9,463.88)
2.000
2/22/2010
4/27/2012
FFCB 0.66/9/11
31331G51,15
999,250.00
999,060.00
(190.00)
0.650
12/9/2009
61912011
FFCB 1.04 12/15/11
31331G5PO
1,000,000.00
997,500.00
(2,500.00)
1.040
12/15/2009
12/12/2011
FFCB L23115/12
3133IG508
2,000,000.00
1,996,260.00
(3,740.00)
1.200
12/15/2009
3/15/2012
FHLB 1-39/23/11
3133XUR96
2,015,683.33
2,006,880.00
(8,803.33)
0.634
12/2/2009
9123/2011
FHLB 2.625 Step Annually
3133XUZJ5
2,000,000.00
2,000,620.00
620.00
2.625
10/8/2009
101812014
FHLB I A 25 Step 10/15/12 to 30
3133XV2R1
2,000,000.00
2,002,500.00
2,500.00
1.125
10/1512009
10/15/2012
FHLB 0.5 2/24/12 Step
3133XX5K9
500,000.00
500,155.00
1 - 55.00
0.500
212412010
2/2412012
FHLB 3.05314115
3133XXAN7
1,750,000.00
1,748,355.00
(1,645.00)
3.050
3/4/2010
314/2015
FNMA 4.125
3136F44K7
1,049,690.00
1,030,000.00
(19,690.00)
5.150
812412006
2/17/2011
L6 e7
CITY OF KENAI
482,789
167,867
AIRPORT PERMANENT FUND
0.15%
INVESTMENT PORTFOLIO SUMMARY
85,7
March 31, 2010
187,867
76,610
Currentor
Current
Fair Market Vali
Average
Portfolio Target Portfolio
30Jun -09 30Sep -09 31 -Dec -OS 31- Mar-10
Yield
Weight Weight Maximum
Fixed Income
Cash & Cash Equivalents
Wells Fargo Secured Money Market
Total Cash & Cash Equivalents
Government & Corporate Securities
Government Securities
Corporate Securities
Total Government & Corporate Securities
Total Fixed Income
Equities
Domestic Equities
Standard & Poor's 500 Index
Standard & Poor's 600 Small-Cap Index
Standard & Poor§ 400 Mid -Cap index
Total Domestic Equities
International Equities
Vanguard Europe Padfic ETF
Vanguard Emerging Market ETF
Total International EquiSes
Real Estate
Vanguard REIT ETF
Total Real Estate
Total Equities
Total Portfolio
85,719
482,789
167,867
76,610
0.15%
85,7
482,789
187,867
76,610
4,465,296
4,544.478
4,754,201
4,789,317
277%
2,950,448
3,063461
3,290,374
3,514,392
5.39%
7.415,744
7,607,939
8,044,575
8,303,709
3.88%
7,501,463
8,090,728
8,232,442
8,380,319
3,85%
42.98%
45.00%
65.00%
3,700958
4,031,109
4,254,445
4,466,709
21,24%
20.00%
25.00%
941,027
1,106,661
1,158,970
1,259151
5.39%
5.00%
10.00%
1,852,170
2.209,847
3,320,741
2.522,335
10.61%
16.00%
15e0%
6,500,155
7,349,517
7,734,155
8,248,1£5
37.24%
35.00%
50.00%
1,867,910
2,041,982
2,036,029
2,061,032
10,70%
10.00%
15.00%
995,966
1,205,989
1,283,300
1,319,295
51M
5.00%
10_,00%
2,863,676
3,247,971
3,319,329
3,380,327
16.41%
15.00%
25.00%
580
906,221
978,151
1,067,133
3.38%
5.00"1.
10,00%
689.345
906.221
978,151
1,087,133
3.38%
5 3.4.4 ° %
14.00
9,953,376
11,503,709
12,031,634
12.695,655
17,454.839
19.594,437
20,264077
21,075,974
6.04%
100.00%
100,00%
15C2n
sm
April 12, 2010
Mr. Terry Eubank
Finance Director
City of Kenai
210 Fidalgo Avenue
Kenai, AK. 99611
Dear Terry;
sent via email
Enclosed is our March 2010 report for the Airport Permanent Fund, which includes a portfolio
appraisal and transactions. As this report coincides with the end of a calendar quarter,
performance data is included.
At month -end, the market value of the portfolio was $21,075,977 which includes $84,058 in
accrued interest. Based upon the composition of the portfolio at month -end, the annual cash
flow would be $301,497.
Anything you need or comments let me know.
Bert Wagnon
Senior Vice - President
-120-
N
Portfolio Value on 12 -31 -09
Contributions
Withdrawals
Change In Market Value
Interest
Dividends
Portfolio Value on 03 -31 -10
20,264,072
0
-782
702,453
74,124
- 36
INVESTMENT PERFORMANCE
Current Account Benchmark:
Equity Blend
21,075,977
Director of Client Relations
Your Portfolio Managers:
Contact Phone Number:
Laura Bruce, CFP, ChFC
Laura @apcm.net
Bert Wagnon
Bill Lierman
907/272 -7575
i
Real Estate
Emer Mkts 5%
Pertarmancefor Periods One Year.ed Greaterare A.n.a11md
Alaska Permanent Capital Management Co.
PORTFOLIO APPRAISAL
CITY OF KENAI - AIRPORT PERIIIANENT FUND
March 31, 2010
N
N
t
2
Yield
Unit
Total
Market
PcL
Annual
Acened
to
Quantity
Securit
Cost
Cost
Price
Value
Assets
Income
Interest
M aturity
U.S. TREASURY
435,000
US TREASURY NOTES
10034
436,477
100.52
437,243
2.07
4,350
721
061
1000% Due 0731 -11
1,000,000
US TREASURY NOTES
10412
1,001,175
100.46
3,004,609
4,77
10,000
870
067
1.000% Due 08 -31 -11
-
300,000
US TREASURY NOTES
96.48
289,443
9182
278,460
1.32
8,250
1,026
371
2.75W% Due 0245 -19
Accmed intorest
2,616
001
1,727,095
1,722,928
8.17
2,616
AGENCIES
250,000
HANK OF AMERICA (FDIC GUARANTEED)
100.60
251,507
100.92
252,293
1,20
4,250
1,157
0.43
1,700% Due 1223-10
250,000
AMERICAN EXPRESS BK (FDIC GUARANTEED)
103.16
257,896
103.66
259,141
123
7,875
2,450
0.96
3 150% Due 12 -09 -11
250,000
GOLDMAN SACHS GP (FDIC GUARANTEE))
103.68
259,212
104.27
260,675
124
8,125
2,392
1.28
3.250 %Due 06 -15 -12
500,000
PNC IT JNDING CORP -FDIC GUARANTEED
100.82
504,100
102.27
511,345
2.43
11,500
3,162
126
2.300% Due 06 -22 -12
500,ODO
FNMA
102.07
510,339
102.53
512,656
2.43
14,375
4,392
216
2,875% Due 12 -11 -13
200,000
FHLMC
101.22
202,438
101.13
202,254
096
7,000
836
3.22
3. 500 %Due 08 -18 -14
500,000
FHLB
11035
551,726
311.12
555,625
164
26,875
9,929
335
5.375% Due 05 -18 -16
450,000
FHLMC
11066
497,970
107.00
491,506
228
21,937
6,581
187
4.875% Due 06 -13 -18
Acerucd Interest
30,90
_ 015
_
3,035,190
3,066,389
14.55
36900
CORPORATE
BONDS
200,000
CATERPILLAR FIN SERV CORP.
98.32
196,638
106 -56
201,126
0.95
8,600
2,867
0.89
4 300% Due 0&01 -10
200,000
WAL -MART STORES INC
10069
2D1,378
100.72
201,438
0.96
8,250
2,062
121
4.125 % Due 07 -01 -10
250,000
US Bank Corrorate Note
101,31
253,280
1O6.48
266,190
1.26
15,937
2,656
145
6.375 %Due 08 -01 -1 t
200,000
AT &T WIRELESS SVCS INC
11420
228,392
112-85
225,694
L07
16,250
6,771
1.81
8.125% Due 05 -01 -12
200,000
JOHN DEERE CAPITAL CORP
93.99
187,988
10836
216,722
L03
9,900
2,860
1.77
4.950% Due 12 -17 -12
200,000
BERKSHIRE HATHAWAY INC
100.16
200,312
100.81
201,618
0.96
4,250
590
1.83
2.1251 Dc 02-11-13
2
Alaska Permanent Capital Management Co.
PORTFOLIO APPRAISAL,
CITY OFKENAI - AIRPORT PERMANENT FUND
March 31, 2010
1
N
W
DOMESTIC LARGE CAP EQUITY FUNDSIETF
38,177 SPDR S &P 500 ETF TRUST
90.84
3,467,864
117,00
4,466,709
21.19
NA
DOMESTIC AHD CAP EQUITY EUNDSIETF
Yield
Unit
Total
32,050 68IIARES S &P MIDCAP 400
Market
Pct.
Annual
Accrued
to
Quantity
S ecurity
Cost
Cost
Price
Value
Assets
Income
interest
Maturity
200,000
GLAXOSMITHKLINE CAP INC
9174
187,474
108.39
216,780
L03
9,700
3,664
206
4.850% Due 05 -15 -13
59,533 VANGUARD EUROPE PACIFIC ETF
2735
1,628,163
34.62
2,061,032
4.78
NA
EMERGING MARKET FUNDSIETF
200,000
IBM CORP
103.71
207,422
114.78
229,570
1.09
13,000
5,994
114
1,319,295
6 500 %Due 1045 -13
NA
REAL ESTATE
209,000
MERRILL LYNCH &CO
98.47
196,946
104.59
209,171
0.99
10,900
2,301
426
5.450/ Due 07-15-14
CASH RECEIVABLE
18,339
18,339
0.09
200,000
7P MORGAN CHASE &CO
88.88
177,764
105.03
210,070
1.00
9,500
792
3.62
4,750% Due 0.3 -01 -15
200,000
MORGAN- STANLEY
84.00
168,000
107.12
214,244
1.02
12,000
5,100
4.41
6.000 %Due 04 -28 -15
200,000
HSBC FINANCE CORP
9628
192,568
105.04
210,090
1.00
11,000
2,200
4.50
5.500% Dnc0J -I9 -16
200,000
CONOCOPHILLIPS CDA FDG FDG CO
89.87
179,748
111.32
222,634
1.06
11250
5,187
3.66
5k25% Due 10 -15 -16
209,000
WACHOVIA CORP GLOBAL MEDIUM
8550
171,000
106.31
212,614
1.01
11,500
1,917
477
5.750% Due 02-0 1 -18
200,000
MCDONALDS CORP MIT/N
104.35
208,698
108.44
216,890
103
10,700
892
4.09
5.350°6 Due 03 -01 -18
200,000
GENERAL ELECTRIC CAP CORP.
8471
169,416
104.50
209,002
0.99
11,250
4,687
4.94
5 6125% Due 05 -01 -18
Accrued Interest
50,542
024
3,127,024
3,514,394
1667
50,542
DOMESTIC LARGE CAP EQUITY FUNDSIETF
38,177 SPDR S &P 500 ETF TRUST
90.84
3,467,864
117,00
4,466,709
21.19
NA
DOMESTIC AHD CAP EQUITY EUNDSIETF
32,050 68IIARES S &P MIDCAP 400
5143
1,680,263
7830
2,522,335
11.97
NA
DOMESTIC SMALL CAP EQUITY FUNDS/ETF
21,180 (SHARES 3 &P SMALLCAP 600 INDEX
4242
898,422
59.45
1,259,151
5.97
NA
INTERNATIONAL FUNDSlETF
59,533 VANGUARD EUROPE PACIFIC ETF
2735
1,628,163
34.62
2,061,032
4.78
NA
EMERGING MARKET FUNDSIETF
31,300 VANGUARDEMERGINGMARKE'ITETF
25.51
798,422
42.15
1,319,295
6.26
NA
REAL ESTATE
21,863 VANGUARDREITETF
31.37
685,764
48.81
1,067,133
5.06
NA
CASH AND EQUIVALENTS
CASH RECEIVABLE
18,339
18,339
0.09
NA
3
Alaska Permanent Capital Management Co.
PORTFOLIO APPRAISAL
CITY OF IXNAI - AIRPORT PERMANENT FUND
A2arch 31, 2010
Unit Total Market Pct. Annual
Quantity Sec urity Cost Cost Price Value Assets Income
Wells Fargo Secured MoncyMnrket Account _ _ 58,271 _ _5 8,271 028
76,610 76,610 0 -36
TOTAL PORTFOLIO - - 17,124,816 21,075,977 100 301,497
Yield
Accrued to
-Interest Maturity
$4,0.58
4
Alaska Permanent Capital Management Co.
TRANSACTION SUMMARY
CITY OFKEIVAI - AIRPORT PERMANENT FUND
From 03-01-10 To 03 -3I -10
N
CS'1
A
Trade Settle
Trade
Date Date Security Quantity
Amount
DIVIDEND
DOMESTIC LARGE CAP EQUITY FUNDSfETF
4,750.00
03 -19 -10 04 -30 -10 SPDR S &P 500 ETF TRUST -
18,339.47
DOMESTIC MID CAP EQUITY FUNDSBTF
5,350.00
03 -31 -10 03 -31 -10 [SHARES S&P MJDCAP 400
6,327.41
DOMESTIC SMALL CAP EQUITY FUNDSJETF
10,100.00
03 -3140 03 -31 -10 ISHARES S &P SMALLCAP
2,677.51
600 INDEX
INTERNATIONAL PUNDSIETF
03 -29 -10 03 -29 -10 VANGUARDEUROPE 654.86
PACIFIC ETF
REAL ESTATE
03 -31 -10 03 -31 -10 VANGUARDREITETF 8,111.17
36,110.42
INTEREST
CASH AND EQUIVALENTS
03 -01 -10 03 -01 -10 Wells Fargo Secured
11.53
MoneyMarket Account
CORPORATE BONDS
03 -01 -10 03 -01 -10 JP MORGAN CHASE, & CO
4,750.00
4.7150 %Due 03 -01 -15
03 -01 -10 03 -01 -10 MCDONALDS CORP M/T!N
5,350.00
5350% Due 03 -01 -18
_
10,100.00
10,111.53
5
Alaska Permanent Capital Management Co.
TRANSACTION SUMMARY
CITY OF KENAI - AIRPORT PERAMNENT FUND
From 03 -01 -10 To 03 -31 -10
Trade Settle
Trade
Date Date
Security
Qua ntity Am ount
WITHDRAW
CASH AND EQUI VALFNTS
03 -01 -10 03 -01 -10
CASHRECEIVABLE
5,000.00
03 -22 -10 03 -22 -10
Wells Fargo Secured
261.87
MoneyMarket Account
5,261.87
5,261:87
N
07
0
Alaska Permanent Capital Management Co.
REALIZED GAINS AND LOSSES
CITY OF KENAI - AIRPORT PE"ANENT FUND
From 03 -01 -10 Through 03 -31 -10
Cost
Date Quan tity Security Basis Proceeds Gain Or Loss
TOTAL GAINS 0.00
TOTAL LOSSES 0.00
0.00 0.00 0.00
N
4
Alaska Permanent Capital Management Co.
CASH LEDGER
CITY OF Ji ENAI - AIRPORT PERMANENT FUND
Prom 03 -01 -10 To 03 -31 -1 0
Trade Settle Tran
Dat Date Code Activity Se curity
CASH RECEIVABLE
03 -01 -10 Beginning Balance
03 -01 -10 03 -01 -10 wd Transfer to Wells F Secured MoneyMarket
03 -22-10 03 -22 -10 wd Withdrawal
03 -29 -10 03 -29 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10
Ending Balance
Account
SPUR S &P 500 ETF TRUST
CASH RECEIVABLE
JP MORGAN CHASE & CO
4.750% Due 03 -01 -15
MCDONALDS CORP M/T/N
5.350% Due 03 -01 -18
Wells Fargo Secured MoneyMarket
Account
from Portfolio
VANGUARD EUROPE PACIFIC
ETF
VANGUARD REIT ETF
ISHARES S &P M113CAP 400
ISHARES S &P SMALLCAP 600
INDEX
8
Amount
5,000.00
- 5,000.00
18,339.47
18,339.47
25,650.15
5,000.00
4,750.00
5,350.00
11.53
- 261.87
654.86
8,111.17
6,327.41
2,677.51
58,270.76
03 -19 -10
04 -30 -10
dp
Dividend
03 -31 -10
Ending Balance
Wells Fargo
Secured
MoneyMarket Account
03-01-10
Beginning Balance
03 -01 -10
03 -01 -10
dp
Transfcrhom
03 -01 -30
03 -01 -10
dp
Interest
N
00
03 -07 -10
03 -01 -10
dp
Interest
e
03 -01 -10
03 -01 -I0
dp
Interest
03 -22-10 03 -22 -10 wd Withdrawal
03 -29 -10 03 -29 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10 03 -31 -10 dp Dividend
03 -31 -10
Ending Balance
Account
SPUR S &P 500 ETF TRUST
CASH RECEIVABLE
JP MORGAN CHASE & CO
4.750% Due 03 -01 -15
MCDONALDS CORP M/T/N
5.350% Due 03 -01 -18
Wells Fargo Secured MoneyMarket
Account
from Portfolio
VANGUARD EUROPE PACIFIC
ETF
VANGUARD REIT ETF
ISHARES S &P M113CAP 400
ISHARES S &P SMALLCAP 600
INDEX
8
Amount
5,000.00
- 5,000.00
18,339.47
18,339.47
25,650.15
5,000.00
4,750.00
5,350.00
11.53
- 261.87
654.86
8,111.17
6,327.41
2,677.51
58,270.76
hm
€v To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: April 15, 2010
Subject: Quarterly Financial Report
Attached is a relatively easily produced quarterly financial report for the general fund, airport
fund, and water /sewer fund as of March 31, 2010.
This report is essentially on a cash basis, so there are accounts that may not look reasonable.
In the General Fund for example, sales and property tax revenue only includes payments made to
the City by the Borough through February. The first quarter 2010 sales tax filings and tax
payments are not in at this point and we will not be received for this quarter until the end of
April.
State and Federal is below b xdger in all fitnds because of PER S aid. The State doesn't ac ±» lly
give us any money. Instead they make an `on- behalf payment to the pension system. Similarly
we have not booked an expenditure for the PERS the State is covering, so the Non - Departmental
department is way under budget. At year -end we will record revenue and expenditures for these
items.
Interest and miscellaneous appears to be higher than anticipated this early in the year, however,
interest revenue is recorded in the General Fund until year -end at which time we allocate it to the
various funds that eam interest. Further, this is cash interest received but we will have to accrue
all interest receivable as well as a market value adjustment at year -end.
6fte-
Parks and Recreation & Culture
03 Visitor Center
Quarterly General Fund
125,977
171,955
103,384
68,571
Expenditure Report
40 Library
639,520
642,778
683,433
For Quarter Ended
236,066
34.54%
45 Recreation
405,000
461,951
497,138
March 31, 2010
214,962
43.24%
46 Parks
379,755
420,139
419,251
Original "
170,850
40.75%
47 Beautification
142.735
108.633
FY2009
FY2010
Amended
YTD
Total Parks and Recreation
1.681,800
1,759A78
Actual
Budget
Budget
Actual
Variance
11.462.905
REVENUES
13.060.662
8.282.986
4.777 676
36.58%
Transfer to other funds
Appropriation of Fund Balance
$ -
$ 620,589
$1,014,746
$ 22,710
$ (992,036)
2.24%
Taxes
8,101,263
8,059,685
8.,059,685
5,433,652
(2,626,033)
67.42%
Licenses/Permits and Ambulance
447,192
374,000
374,000
282,802
(91,198)
75.62%
StatelFederal
1,437,055
1,091,375
1,490,099
1,046,814
(443,285)
70.25%
Dock/Multipurpose/Miscellaneous
168,247
234,000
234,000
147,711
(86,289)
63.12%
Fines and Forfeitures
87,138
296,850
308,964
165,505
(143,459)
53.57%
Interest and Miscellaneous
1,194,360
796,185
816,784
677,729
(139,055)
82.98%
Transfers /Central Admin Fees
1,400,074
1,162.613
1,162.613
867,985
(294,628)
74.66%
Total Revenues
12.835,319
12.635.297
13.460.891
8.644.908
14.815.983)
64.22°
EXPENDITURES & TRANSFERS
General Government
01 City Clerk
$ 206,006
$ 228,057
$ 230,339
$ 156,565
$ 73,774
32.03%
11 Legislative
137,295
175,925
188,425
134,260
54,165
26.75%
12 Legal
259,558
2116,866
266,865
197,559
89,306
31.13%
13 City Manager
230,388
248,075
256,738
178,163
78,575
30.61%
15 Finance
429,198
401,349
401,349
284,586
116,763
29.09%
16 Land Administration
9,915
22,392
26,996
6,461
20,535
76.07%
18 Non - Departmental
999,142
840,314
976,283
444,885
531,398
54.43%
19 Planning and .Zoning
- 198,806
227,004
227,004
150,322
76,682
33.78%
26 Safety
2.227
8.560
8.560
936
7.624
89.07%
Total General Government
2.472.535
2.438,541
2.602.559
1.553.737
1.048.622
40.30°!
Public Safety
21 Police
2,301,634
2,623,596
2,799,774
1,980,544
819,230
29.26%
22 Fire
1,885,886
2,094,870
2,112,075
1,449,855
662,220
31.35%
23 Communications
632,541
688,404
708,298
518,710
189,582
26.77%
29 Animal Control
280.156
306.490
316.207
211,878
104.329
32.99%
Total Public Safety
5.100.217
5.713 460
5.936.354
4.160.993
1,775,361
29,91%
Public Works
31 Public Works Administration
196,507
221,410
221,410
156,969
64,441
29.10%
32 Shop
596,380
674,522
700,438
356,553
343,885
49.10%
33 Streets
711,247
849,525
852,565
520,024
332,541
39.00
34 Buildings
394,314
512,680
487,680
240,672
247,008
50.65°1°
35 Street Lighting
218,944
188,527
231,349
82,001
149,348
64.56%
36 Dock
90,961
128,925
129,922
50,719
79,203
60.96
Total Public Works
2.208,353
2.573.589
2.623.364
1.406.938
1,216,426
46.37%
Parks and Recreation & Culture
03 Visitor Center
114,790
125,977
171,955
103,384
68,571
39.88%
40 Library
639,520
642,778
683,433
447,367
236,066
34.54%
45 Recreation
405,000
461,951
497,138
282,176
214,962
43.24%
46 Parks
379,755
420,139
419,251
248,401
170,850
40.75%
47 Beautification
142.735
108.633
126,608
79.990
46618
36.82
Total Parks and Recreation
1.681,800
1,759A78
1,898285
1.161.398
737,067
38.83%
Total Operating Expenditures
11.462.905
12.485.068
13.060.662
8.282.986
4.777 676
36.58%
Transfer to other funds
Senior Citizen
182,679
149,229
149,229
111,922
37,307
25.00%
VisBor Center Heating Capital Projects
465,026
-
-
-
-
#DIVl01
Library Expansion Capital Project
-
-
250,000
250,000
-
0.00%
Other non - operating
43.319
1.000
1.000
1.000
100_00%
Total Transfer to other funds
691.024
150.229
400.229
361.922
38.307
9.57°/
Total Expenditures & Transfers
12J53.929
12.635.297
13.460.891
8.644.908
4, 815,983
35.78%
Net Revenues over(under) Expenditures
$ 681,390
$
$
$
$
Note: The original budget includes outstanding encumbrances at 6/3012009.
-130-
REVENUES
Appropriation of Fund Balance
StatelFederal
Interest, Leases & Fees
Terminal Revenues
Landing Fees
Transfers In
Total Revenues
EXPENDITURES & TRANSFERS
Terminal Area
Airfield
Administration
Other Buildings & Areas
Training Facility
Total Expenditures
Transfer to other funds
Airport Improvement Capital Projects
Courthouse Parking Capital Project
Total Transfer to otherfunds
Total Expenditures & Transfers
Net Revenues over Expenditures
Quarterly General Fund
Expenditure Report
For Quarter Ended
March 31, 2010
Original"
FY2009
FY2010 Amended
YTD
Actual
Budget
Budget
Actual
Variance
ap
$ -
$ 828,521 $
999,022
$ 771,599
$ (227,423)
77.24%
64,935
26,782
26,782
-
(26,782)
0.00%
774,275
618,300
618,300
420,025
(198,275)
67.93%
568,493
544,300
544,300
381,495
(162,805)
70.09%
221,188
247,500
247,500
166,588
(80,912)
67.31%
291,937
311,000
311.000
(311,000)
0100%
1.920 828
2,576.403
2.746.904
1,739.707
(1.007.197)
63.33%
$ 507,768
$ 573,331 $
573,331
$ 346,193
$ 227,138
39.62%
1,553,326
1,463,726
1,463,726
918,598
545,128
37.24%
282,024
266,061
266,061
166,093
99,966
37.57%
478,944
172,825
172,825
83,320
89,505
5179%
164,138
100,460
102.978
57,520
45458
44.14%
2.986,200
2.576.403
2,578,921
1.571.724
1,007,197
39.05%
64,376
-
167,983
167,983
-
0.00%
291,250
355,626
167.983
167.983
02a
3,341,826
2,576.403
2.746,904
1,739,707
1.007.197
36.67%
$ 1,420,998)
$ $
$
$
Note: The original budget includes outstanding encumbrances at 6/3012009.
-131-
° Note: The original budget includes outstanding encumbrances at 613012009.
-132-
Quarterly General Fund
Expend'Rure Report
For Quarter Ended
March 31, 2010
Original
FY2009
FY2010 Amended
YTD
Actual
Budget Budget
Actua
Variance
°k
REVENUES
Appropriation of Fund Balance
$ -
$ 84,521 $ 584,741
$ 392,241
$ (192,500)
67.08%
StatetFederal
56,640
25,457 25,457
-
(25,457)
0.00%
Water /Sewer Fees
1,775,002
1,775,780 1,775,780
1,295,406
(480,374)
72.95%
Penalty and Interest
13,614
26,000 26.000
19,091
(6,909)
73.43%
Interest and Miscellaneous
151,017
53.000 53,000
2,942
(50,058
5.55%
Total Revenues
1.996.273
1.964.758 2.464.978
1.709 680
f765298)
69.36
EXPENDITURES & TRANSFERS
Water
$ 740,396
$ 676,870 $ 700,487
$ 428,057
$ 272,430
38.89%
Sewer
382,496
380,458 390,841
252,721
138,120
35.34%
Wastewater Treatment Plant
829.296
907.430 907.430
562,682
344.748
37.99%
Total Expenditures
1,952,188
1.964,758 1.998.758
1.243,460
755,298
37.79%
Transfer to other funds -
Water & Sewer Capital Projects
466.220
466,220
0.00%
Total Transfer to other funds
466.220
466.220
Uo%
Total Expenditures & Transfers
1.952.188
1.964.758 Z464.978
1.709.680
755.298
30.64%
Not Revenues over Expenditures
$ 44,085
$ $
$
$
° Note: The original budget includes outstanding encumbrances at 613012009.
-132-
To: Mir. Koch, City Manager, City of Kenai
Fr: James A. Clark, Executive Director
Re: Attendance data per grant requirement
Irate: I April 2010
Mr. Koch,
Thant you once again for your continued support for the Boys & Girls Clubs of
the Kenai Peninsula The City of Kenai's support for our youth during this
difficult time is greatly appreciated by all staff as well as the members we serve.
Listed below is the information that was requested by the council for receipt of
this grant. Attendance data was collected from daily sign -in sheets and home
location was collected from our database.
® 202 different members attended the Kenai Club from January I" to
March 31.st.
0 153 of those members live within the City of Kenai (76 %)
G 49 of the total attendance live outside of the City of Kenai (24%)
m There were a total of 3599 vs.ts during tI s - "p
ortkigperiod.
If you have any questions or concerns regarding the information provided above,
please do not hesitate to contact me.
Thank you again for your support to the youth of Kenai. Together we are
providing a positive place for kids and teens!
Sincerely,
I D - Co'e. kCi2vrid
Jaynes A. Clark
Executive Director
Boys & Girls Clubs of the Kenai Peninsula.
9 �
BOYS & GI RLS CAS
OF THE KENAI PENINSULA
Programs Office
705 Frontage Road
Suite B
Kenai, Alaska 99619
907.283.2882
907.283.8190 Fax
positiveplaceforkids.com
Club Locations
Homer
Kenai
Kenai Teen Center
Nikiski
Seldovia
Seward
Soldntna ..
Board of Directors
Mike Navarre, President
Kelly Bookey, Vice President
Bernie Smith, Secretarylfreasw
Peter Micciche, Past President
Margaret Anderson
Jim Montgomery
Camille Sorensen
Indy Walton
David Ross
Cornerstone Contributors
w
bp
�.,.
The POSIOM Race For Kids
-133-
(,..
DEFT, OF ENVIRONMENTAL CONSERVATION
DMS101! OF WATER
DTIRECTOR'rs 0MCFT
March 17, 2010
TI ^_e honorable Johnny Ellis
Alaska State Senate
Alaska State Capitol, Room 103
Juneau, AK 99€01 -1132
Dear Senator Ellis:
SEAN 8PARNELL, GOVERNOR
555 6ordoe Street
f nchomge, AR 99561 -2617
MOO[N6: (967) 269 -7599
FA$: (907) 364 -2415
katkFt/ 1 Pr�a.st�te.a�.unel�eo 1
During the Senate Finance Subcommittee meeting on February 16, 2131®
Senator wagoner expressed concern with the unsanitary beach conditions
during the Kenai personal use dip net fishery. I provided an initial written
response to the subcommittee on February 23 and promised to provide
additional followup.
DEC met with the Departments of Natural Resources and Fish and Game
on March 4. The agencies discussed the fish waste problems and potential
solutions. In addition to Senator wagoner's concerns, the Governor
received a letter from the Kenai. watershed Forum (representing multiple
organizations) expressing concerns about the personal use fishery at both
the Kenai and Kasilof Rivers. Those concerns include human, solid., and
fish waste, as well as beach grass destruction. Because these issues are
broad, the Department of [Natural Resources will take the lead in organizing
a response to the probl,eal^IM DEC rfil continue to participate and .. aU
keep Senator wagoner and others apprised of our progress.
Sincerely,
4 � 7�
G�t; ^, -7 r ,
Lynn J. omich Kent
Director
cc: Senator Torn wagoner
Senator Joe Paskvan
Senator Lesil McGuire
Dan Easton, DEC
Rick Lefebvre, DNR
Doug Vincent-Lang, ADF &G
Kristin Ryan, Director, Environmental Health, ADEC
y: \venter \dlr\(e>;IStaUVe \Icg 2010\elits letter re kenal beach Callowap let fir allernnte (2) does
am
RECEIVED -
COMM WEAun -1 APR - 7 2010
NO €2iH
Resolution 2010-2 E � �Z"f� LER,
Co�tnnonwealth North: Facing the facts, Confronting Este Future, 'Faking a an .
March 30, 7-010
W1 ERFAS, the purpose of Commonwealth North is to educate its ruembers and others on significant issues affecting Alaska and
its future and to assist in their resolution; and
WHEREAS, one aspect of that purpose is to provide the Alaska Legislature and Governor with Commonwealth North studies and
policy recommendations; and
WHEREAS, the seasonally adjusted Alaska unemployment rate was 8.5 % in February 2010, an increase of 2,3% injust two years
since the same time in February 2008 when the unemployment rate was only 62%; and
WHEREAS, Alaska Department of Labor data clearly shows that Alaska employment in most every industry has drantafically
fallen since September of 2008; and
WHEREAS, with the continuing decline of oil revenues, nroiections show a deepening concern by the private sector on their
ability to a investments, growth andjobs; and
WHEREAS, Alaska's economy is built mainly on the sale of natural resources: the development and production of oil and gas is
the single largest contributor of revenue that supports the eWcorny; and
WHEREAS, fully one -third of Alaskans owe their livelihood to ail & gas exploration and development in Alaska, which includes
not only jobs within the petroleum sector itself but also jobs throughout State and local government, finance, infrastructure, trade,
construction and self - employed sectors, among others; and
WHEREAS, oil production in Alaska has declined from 2.1 million barrels per day in 1988 to less than 700,000 barrels per day
%oday, and is expected to continue to decline by more than five percent per year; and
WHEREAS, there are huge reserves of a`'fshore and onshore oil and gas to be developed; and
WHEREAS, other oil basins in the world that offer competitive advantages to investmem in oil and gas development, that are not
offered by Alaska's existing policies, are thriving economically; and
WHEREAS, Alaska's oil and gas status is seriously hobbled with respect to its potential, notably:
• 'North Slope oil development activity seriously declined overall
• Total Alaska drilling activity has decreased 1 4% while Lower 48 oil drilling activity has increased
• Exploration drilling activity in Alaska is clown nearly iwo- thirds, e.g. one major producer will riot be drilling an
exploration well for the first time in 45 years
• Over $25 billion in North Slope oil and gas projects have been deferred
• No significant incentives exist to produce huge heavy oil reserves
WHEREAS, unlike leaders in states other than Alaska, who have little to no ooporturthy to affect the major issues causing the
nation's unfavorable economic climate, Alaska's leaders are in a position to positively affect our state's econoric future and to
reverse the current momentum of decline by creating a more attractive and competitive environment for expanding investment and
reinvestment by the oil and gas industry;
NOW THEREFORE ICE IT RESOLVED, Commonwealth North urges the Alaska Legislature and the Governor to act now in
2010 to establish policy, amend law and reform regulations to substantially incentivire investment and increase the competitiveness
of Alaska relative to other oil and gas basins, so that creation of revenue and jobs for Alaskans and opportunities for Alaska
businesses will be sustained for generations of Alaskans to come.
AND BE IT FURTHER RESOLVED, that copies of this resolution be sent to Commonwealth North members, Governor Sean
Paned, the Alaska Legislature, State Commissioners, and statewide media. /
Approved the 30th day of March, 2010 toe 13aedle President
-135-
nLASRn Alaska Youth for Environment !
v ovrxi�I www.AYEA.org
National Wildlife Federatwr
750 West 2nd Ave, Suite 260
nCnory Anchorage, AK 99501
-�n� > /1 Sty �n'it)th
-5j P poet Qr me
CO<r? e_ � - T„ 1 ") E OJ u emery c
A +� .AvJ t A
oa\ �S0
Alaska Youth for EnvvonmehTal
Anon (AYEA) is a program of the
Nniiw,al Wd,ihfr Fi3.rao011' a WFL'DLIF
501(c)(5) nonprofit organization
Action RECEIVED
LEASE
PLACE i
APR 14 2010
STAM
HERE
HERE
L
K I CITY CLERK
I 1 so
ct`lzcwf V' ocess CX
am'lll .a ksc�s 0�310e 4V
E
E mo-� 7L sovU
Me
KEN AI CENTRAL HIGH SCHOOL
Kenai Peninsula Borough School District
9583 Kenai Spur Highway - Kenai, Alaska 99611
(907) 283 -2100
Fax: (907) 283 -3230
Alan Fields
Principal
Jim Beeson
Assistant Principal
Stacia Rustad
Athletic Director
Justin Carr
Activity Director
April 7, 2010
Kenai City Council
Kenai Central High School is very appreciative of the support it has received from the
City of Kenai. The partnerships between the Council and the School have provided
outstanding "real life" learning experiences for our students.
Our current Student Representative to the City Council, Maya Johnson, will be
graduating next month. She has done an outstanding job representing her fellow
students and Kenai Central High School.
This letter is an introduction of the student selected to fill that vacant position. Hannah
Coffman, currently a junior at KCHS, will be an excellent Student Representative to the
Council
Hannah possesses the knowledge, leadership, and character necessary to fill this
nogifinn. Shp is person who gels nlnng with all students and treats .e ' +I c
everyone VVIL11 ui
greatest level of respect. She is always thoughtful and trustworthy in her actions.
Hannah will approach this role in an accomplished manner. We are proud to have her
selected as the next Kenai Central High School Student Representative to the City
Council.
We have greatly appreciated the support that the City of Kenai has given to our school.
Thank you for making a difference in the lives of the young people in our community.
j Sincerely,
Alan Fie ds,
Principal
It is important to seek out and consider students' ideas, viewpoints and reactions to
city decisions and policies affecting students. In order to provide student input and
involvement, the Kenai City Council may appoint a Student Representative and an
Alternate Student Representative as it deems necessary.
Limitations, Oualifications And Requirements:
1. The student may cast advisory votes on all matters except those subject
to executive session discussion. Advisory votes shall be cast prior to the official
council vote and shall not affect the outcome of a vote. Advisory votes shall be
recorded in the minutes. Student representatives may not move or second items
during a council meeting.
2. The student(s) shall be residents of the City of Kenai.
3. The student(s) shall be a junior or senior in good standing at the Kenai
Central High School.
4. The student(s) shall be elected by the Student Council of Kenai Central
High School and subject of approval of the KCHS administration.
5. The student(s) shall attend all city council meetings and work sessions,
unless excused by the Mayor. The alternate shall attend meetings in the absence of
the Student Representative.
6. The student(s) should have a long -term interest in public service.
7. The student(s) should give feedback to council members about policies
impacting young people.
8. The student(s) should use this opportunity as a way to develop
leadership skills.
9. The student(s) will communicate with student council members at Kenai
Central High School to provide information and seek feedback from other students on
city issues affecting young people and copies of all written reports regarding their
service be provided to the Kenai City Council through the City Clerk's Office.
APPROVED AND DATED: This 16th day of March, 2005,
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
sm
"Vi'llaye with a Paso Ci wA a Fidurf P�
i
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
° Telephone: 907 -263 -7535 ! Fax: 907- 283 -3014
www.ci.kenai.ak.us
n�� x�
KEN I ALASKA
FEE BILLING AND COLLECTIONS
ADMINISTRATIVE GUIDE:
Date: 3/5/2010
Policy
1) It is the policy of the City of Kenai Fire Department (KFD) to bill for Emergency
Medical Service (EMS) patient transport services.
2) This Administrative Guide (AG) shall apply to all EMS patients transported by KFD
aid units.
3) Transport; The act of providing emergency medical transportation to a patient in an
aid car operated by KFD personnel.
4) Consistent procedures for billing and collection of patient transport fees are
required to ensure fair and equitable treatment is given to all patients that are
transported by KFD. This AG provides a mechanism for determining how the billing
and collection process will be handled,.
5) All patients that are transported by KFD will be charged a fee as described in the
Rates portion of this AG.
6) All medical contacts made by KFD medics are considered to be transported to a
higher medical reciving facility unless treatment and transportation is denied by
the patient and appropriate refusal paperwork is signed.
7) Transport's that are provided through a mutual aid request from an adjacent
jurisdiction shall be billed as outline in this AG. Billings for these transports will
be handled by the individual agency that provided the transportation service.
KFD FEE BILLING AND COLLECTIONS
ADMINISTRATIVE GUIDE
Page I
-139-
8) No patient will be refused service due to inability to pay for said services. See
Charity Care in this document.
q) All billing services will be provided by System Design Northwest for the KFD.
IO)The following information and forms v✓ill be needed for billing purposes:
1.) Completed Run Sheet
a) Patient's Name
b) Patient Address
c) Date of Transport
d) Location transported from
e) Date of Birth (mm /dd /yr)
f) Patient Social Security Number
(not required)
g) Insurance Company
h) Insurance company address
i) Policy, ID or Claim Number
j) Insurance Group Number
2) Hospital Admittance sheet
11) Update and /or current billing information may be obtained from the Central
Peninsula Hospital in Soldotna, Alaska,
Guidelines
1) If the patient has insurance, a bill will be sent to the primary insurance company
for payment.
2) If the insurance company does not pay the full amount billed for the patient
transported, the secondary insurance company, if any, will be billed the remaining
balance.
3) Any remaining balance, after all insurance has been billed, the patient will be
responsible for the remaining unpaid portion of the fee.
4) Remaining balances after payments received from Medicaid or the Veteran
Administration shall be wrote off.
S) Remaining balances, after payments received from Medicare and any required
amount to be written off, will be billed to the patient.
5) If the insurance company denies payment, the patient will be responsible for the
full amount of the transport fee.
7) Bills to patients with no insurance will be sent bills with a note offering payment
arrangements, if needed.
KFD FEE BILLING AND COLLECTIONS
ADMINISTRATIVE GUIDE
Page z
i1
8) A total of two bills will be sent to all patients receiving transport services in an
attempt to collect the transport fee. The second bill shall indicate that the bill is
past due and will be referred for collections if not paid in 30 days.
9) If upon 30 days after the second bill has been sent, no payment has been received,
the balance owed shall be noted as Non - payment. Non - payment accounts shall be
returned to the City for collections.
10) Collection action may include legal action by the City Attorney or a third -party
collection agency.
1 1) Death Provision: If, during collections, it is found that the patient has deceased,
collections will not be pursued against the patient's estate.
Charity Care
1) No person will be denied needed emergency medical care because of an inability to
pay for such service. KFD will provide needed emergency services without charge
or at a reduced charge and without discrimination to those persons with no or
inadequate means to pay for needed care.
2) Hardship patients, who have qualified for the Financial Aid Program of Central
Peninsula Hospital (CPH) or other City approved treatment facilities shall have
their bill reduced by the CPH Financial Aid percentage and no further attempts to
collect for the transport service will be made.
3) Financial assistance will only be granted to those patients who receive Charity Care
from CPH or other City approved treatment facilities.
Rates
BLS AO428 BLS Non - Emergency $350.00
BLS Emergent AO429 BLS Emergency $550.00
ALS Level I A0427 ALS I (Advanced Life Support) $650.00
ALS Level II
A0433 ALS II
$800.00
Mileage
A0425
$5.50/mile
KFD FEE BILLING AND COLLECTIONS
ADMINISTRATIVE GUIDE
Page 3
i(atri
Kenai Peninsula Borough
1
41
Anril 20.2010 - 7:00 PM Regul Meeting Borough Assembly Chambers, So l d otna, Alaska
April 20, 2010 Page 1 of 5
-142-
A.
CALL TO ORDER
Pete Sprague
Assembly President
B.
PLEDGE OF ALLEGIANCE
Seat A - Soldotna
Term Expires 2010
_
C.
INVOCATION
Hal Smalley
Assembly Vice President
D.
ROLL CALL
Seat 2 - Kenai
Term Expires 2011
"
E.
COMMITTEE REPORTS
Paul Fischer
Assembly Member
Seat 7- Central
F.
APPROVAL OF AGENDA AND CONSENT AGENDA
Term Expires 2010
(All items listed with at.. asterisk ( *) are considered to be routine and non - controversial by the
Assembly and will be approved by one motion. There will be no separate discussion of these
Makes Haggerty
items unless an Assembly Member so requests, in which case the item will be removed from the
Assembly Member
Consent Agenda and considered in its normal sequence on the agenda,)
Seat 9 - South Peninsula
Tee - Expires 2012
G.
APPROVAL OF MINUTES
L ,....,: Knapp
s,- mbly Member
*1. April 6, 2010 Regular Assembly Meeting Minutes ............ 1
Seat 1- Kalifornsky
Term Expires 2012
R.
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Sue McClure
AssembTyMember
1 Mayor's Proclamation Declaring April, 2010 as "sexual
Sear 6 -East Peninsula
Assault Awareness Month" ....... .
Term Expires 2012
Charlie Pierce
2. Mayor's Proclamation Declaring April 11 - 17, 2010 as
Assembly Member
"Public Safety Telecommunicators Week" ................. 14
Seat 5-SterlinglFunny River
-.
Term Expires 2011
I.
r "
PRESENTATIO WITH PRIOR NOTICE (20 minutes total)
Bill Smith
Assembly Member
1, Central Peninsula Hospital Quarterly Report (10 minutes)
Seat 8 - Hamer
Term Expires 2011
2, Dale Lawyer, Reinstatement of Ares, Central Emergency
Gary Superman
Services Rescue Dog" (10 minutes)
Assembly Member
Seat 3 . Mkiskt
Term Expires 2010
J.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
AGENDA (3 minutes per speaker; 20 minutes aggregate)
April 20, 2010 Page 1 of 5
-142-
I£. MAYOR'S REPORT ................... ............................... 20
1. Agreements and Contracts
a. Approval of Waiver of Formal Bidding Procedures for Dunkin &
Bush to remove lead contamination from lockers at Kenai Central
HighSchool ................. .............................21
2. Other
a. Spruce Bark Beetle Mitigation Program Monthly Status Report -
M 2010 ....................... ........................ 22
b. Quarterly Project Reports for the Borough's Capital Project Funds as
of March 3 L 2010 ........... ............................... 26
c. Revenue - Expenditure Report for March, 2010 ................... 43
d. Budget Revisions - March, 2010 ............................... 46
e. Land Management Division - 2009 Annual Report ................. 49
£ Planning Department - 2009 Annual Report ...................... 52
g. Donald E. Gilman River Center - 2009 Annual Report ............ 54
L. ITEMS NOT COMPLETED FROM PRIOR. AGENDA - None
M PUBT TC HEARINGS ON' ORDINANCES (Testimor,.y limited to 3 minutes per , —, mk-)
1. Ordinance 2010 -10 Enacting KPB Chapter 2.90, Code of Ethics (Sprague)
(Referred to Policies and Procedures Committee) ........................ 57
1. Notice of Reconsideration
a. Ordinance 2010 -07 Amending KPB 4.30.060 to Prohibit a Person
from Serving Simultaneously as a Member of the Assembly and
Member of a City Council or Mayor within the Borough (Fischer)
[Reconsideration Filed by Superman] ........................... 93
April 20, 2010
Page 2 of 5
-143-
ar;
*a. Resolution 2010- 028 Authorizing Capital haprovement ProjectCost
Allocation and Award of a Contract for the 2010 Patrick Drive and
Eastway Road Capital Improvement Project (Mayor) (Referred to
Finance Committee) ............ .............................
"b. Resolution 2010- 029 Authorizing Capital Improvement Project Cost
Allocation and Award of a Contract for the 2010 Sara Su Street and
David Lee Street Road Capital Improvement Project (Mayor)
(Referred to Finance Committee) .............................. 93
2. Resolutions
a. Resolution 2010 -030 Determining the Amount to be Provided from
Local Sources for School Purposes During Fiscal Year 2011 (Mayor)
(Referred to Finance Committee) .................. . ........... 99
*b. Resolution 2010 -031 Supporting a Kachemak Bay National
Estuarine Research Reserve Grant Application to the National
Estuarine Research Reserves' Science Collaborative to Fund a Study
of Coastal Uplift and Habitat Changes in Kachemak Bay (Haggerty,
Smith, Mayor) (Referred to Policies and Procedures Committee) .... 102
*c. Resolution 2010 -032 Approving a New Collective Bargaining
Agreement (Mayor) (Referred to Finance Committee) ............. 105
3. Ordinances
*a. Ordinance 2009- 19 -30 Appropriating $336,097.24 to the Special
Assessment Fund for Ashton ParkBramlow Park Subdivision Road
Improvement Special Assessment District (Mayor) (Hearing on
05118/10) (Referred to Finance Committee) ..................... 174
*b. Ordinance 2009- 19 -31 Appropriating $77,950.78 in Supplemental
Funding to Initiate Phase II of the Mine Engineering and Management
Plan for the Seward Quarry (Mayor) (Hearing on 05/18/10) (Referred
to Finance Committee) ....... ............................... 180
April 20, 2010
Page 3 of 5
A
*c. Ordinance 2010 -20 Amending KPB Title 2 and KPB 5.2&020 to
Establish the General Services Department, Emergency Management
Department, Capital Projects Department, Purchasing and
Contracting Department, and the River Center Department (Mayor)
(Hearing on 05/18/10) (Referred to Policies and Procedures
Committee) ..............:... ............................187
*d. Ordinance 2010 -21 Amending KPB Chapter 21.18 Regarding
Prohibited Uses and Structures, Conditional Use Permits, and Prior
Existing Uses and Structures in the Anadromous Stream Habitat
Protection District (Mayor) (Hearing on 05/18/10) (Referredto Lands
Committee) .................. ............................194
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (a minutes per speaker)
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
1. May 4, 2010 Regular Assembly Meeting 7:00 PM Seward
S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date
as noted.)
1. Ordinance 2010 -15 Amending KPB 5.04.110 to Increase the Amount that
the Assembly May Spend on Capital Improvement Projects without Voter
Approval in Order to Account for Increasing Costs of Construction (Smith)
(Postponed until 05/04/10) (Referred to Finance Committee)
2. Ordinance 2010 -16 Amending KPB 21.18.010, .020, .135, and ,1.40, and
Enacting KPB 21.18.145, to Clarify the Findings, Purposes, and Emergency
Exemptions of the Chapter, and to Provide a Reference to a Variance
Procedure (Mayor) (Hearing on 05/04/10) (Referred to Lands Committee)
Ordinance 2010 -17 Extending the Sunset Provision of Ordinance 2009 -09
(Long) Substitute, Amending Provisions of KPB Chapter 21.06 Regulating
Flood Hazard .Areas in the Seward -Bear Creek Flood Service Area, and
Confirming the Administration's Efforts to Further the intent of Resolution
2009 -070 to Pursue Various Solutions to Facilitate Moving Residents
Voluntarily Away from Flood Hazard Areas (McClure, Mayor) (Hearing on
05/04/10) (Referred to Lands Committee)
April 20, 2010
Page 4 of 5
-145-
4. Ordinance 2010 -18 Authorizing a Subsurface Oil & Gas Lease to Marathon
Alaska Production, LLC, in the Ninilchik Unit at 12.5 Percent Royalty under
Township 1 South, Range 13 West, Seward Meridian, Section 7 in Tract "A"
of Aurora Vista Subdivision and the Minerals Underlying a Portion of the
Sterling Highway Right -of -Way (Mayor) (Hearing on 05/04/10) (Referred to
Lands Committee)
/ 1 1
The next meeting of the Kenai Peninsula Borough Assembly will be held on May 4, 2610,
at 7:00 P.M. in the Seward City Council Chambers, 401 Adams Street, Seward, Alaska.
This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula),
K201AO- FM88.I (East Peninsula).
Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the
meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800-
478- 4441, Ext. 2160. Visit our website at www. borough kenai. ak us for copies of the agenda, meeting summaries,
ordinances and resolutions.
April 20, 2010
Page 5 of 5
m
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following
Ordinance(s) and /or Resolution(s) at the above - referenced meeting.
Ordinance No. 2478 -2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAC).
2. Substitute Resolution No. 2010 -07, As Amended -- Amending the
Administrative Policies and Procedures for the Preparation, Distribution
and Publication of the City Council Agenda and Packet, Including
Providing Direction Regarding the Time and rules for Taking Public
Comment.
3. Resolution No. 2010 -24, As Amended -- Supporting Passage of United
States Congressional Bill H.R. 1034 by the 11 lth Congress, Designating
the Honor and Remember Flag as a National Emblem to Recognize and
Honor Members of the United States Armed Forces Who Died in the Line
of Duty.
4. Liquor License Renewal -- MITAK LLC, d /b /a .406 Family Sports Cafe
(#4555) /Beverage Dispensary- Tourism.
('nn i Pa of the ordinances and /or resolutions are available in the. Office of the Kenai
City Clerk.
Please be advised, subject to legal limitations, ordinances and /or resolutions may
have been amended by the Council prior to adoption without further public notice.
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
APRIL 21, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htto: / /www.ci. kenai.ak. us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Shannon Elsey, Leader, Girl Scout Troop 545 -- Library
Donation /Library Expansion Needs from 7 -8 Age Perspective,
2. Graydon Cowgill -- Kenai Friendship Mission, Inc.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes
per speaker.
1. Ordinance No. 2478 -2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAC).
2. Resolution No. 2010 -07 -- Amending the Administrative Policies and
Procedures for the Preparation, Distribution and Publication of the City
Council Agenda and Packet, Including Providing Direction Regarding
the Time and Rules for Taking Public Comment.
(Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution
No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010).
The motion to adopt is active.)
a. Substitute Resolution No. 2010 -07 -- amending the
Administrative Policies and Procedures for the Preparation,
Distribution and Publication of the City Council Agenda and
Packet, Including Providing Direction Regarding the Time and
rules for Taking Public Comment.
3. Resolution No. 2010 -24 -- Supporting Passage of United States
Congressional Bill H.R. 1034 by the 111" Congress, Designating the
Honor and Remember Flag as a National Emblem to Recognize and
Honor Members of the United States Armed Forces Who Died in the
Line of Duty.
4. *Liquor License Renewal -- MITAK LLC, d /b /a .406 Family Sports
Cafe (#4555) /Beverage Dispensary- Tourism.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000.
3. *Ordinance No. 2479 -2010 -- Amending KMC Chapter 1.10, The
Council, to Add a New Section Establishing Procedures for the Use of
Council Chambers and the City Clerk's Conference Room.
4. *Ordinance No. 2480 -2010 -- Amending KMC Chapter 1 A5, Rules of
Order, to Establish the Form of the Council Agenda and Set the Order
of Business, to Explain the Consent Agenda and List of Pending
Legislation, and to Make Conforming Amendments.
5. *Ordinance No. 2481 -2010 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the Personal Use Fishery Capital
Projects Fund.
6, Action Item -- Mutual Rescission of Lease -- ENA, LLC. /Lots 5 & 6,
Block 1, FBO Subdivision (Everts).
7. Action Item -- Consent to Assignment/Assignment of Lease -- Ocean
Beauty Seafoods, Inc./Tract C, Kenai Tidelands No, 2.
8. Action Item -- Consent to Assignment/Security Assignment -- Dan O.
Pitts /Lot 1A, FBO Subdivision.
EXECUTIVE SESSION -- None Scheduled.
ITEM M: ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Clerk's office at 210 Fidalgo Avenue, or visit our
website at hftn: / /w
Carol L. Frees, City Clerk D/211
NOTICE OF PUBLIC HEARING
APRIL 21, 2010
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the
following Ordinance(s) and /or Resolution(s) on the above -noted meeting date.
1. Ordinance No. 2478 -2010 -- Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAO).
2. Resolution No. 2010 -07 -- Amending the Administrative Policies and
Procedures for the Preparation, Distribution and Publication of the City
Council Agenda and Packet, Including Providing Direction Regarding the
Time and Rules for Taking Public Comment.
(Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution
No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010).
The motion to adopt is active.)
a. Substitute Resolution No. 2010 -07 -- amending the
Administrative Policies and Procedures for the Preparation,
Distribution and Publication of the City Council Agenda
and Packet, Including Providing Direction Regarding the
Time and rules for Taking Public Comment.
3. Resolution No. 2010 -24 -- Supporting Passage of United States
Congressional Bill H.R. 1034 by the 111th Congress, Designating the
Honor and Remember Flag as a National Emblem to Recognize and
Honor Members of the United States Armed Forces Who Died in the Line
of Duty.
4. *Liquor License Renewal -- MITAK LLC, d /b /a .406 Family Sports Cafe
(#4555) /Beverage Dispensary- Tourism.
The public hearing will commence at 7:00 p.m., or as soon thereafter as business
permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All
interested persons are invited to attend the meeting and participate in the public discussion.
Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo
Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai
City Clerk and will be available at the meeting for public review.
Please be advised, subject to legal limitations, ordinances and /or resolutions may be
amended by the Council prior to adoption without further public notice.
Carol L. Freas, City Clerk
Posted: April 16, 2010
PUBLISHER'S AFFIDAVIT
UNITED STATES OF AMERICA,
STATE OF ALASKA
Denise Reece being first duly
sworn, on oath deposes and says:
That I am and was at all times here
in this affidavit mentions, Supervisor of
Legais of the Peninsula Clarion, a news-
paper of general circulation and published
at Kenai, Alaska, that the
Council Agenda
PO #90976
a printed copy of which is hereto annexed was
published in said paper one each and
every day for one successive and
consecutive day in the issues on the
following dates:
April 19, 2010
X
SUBSCRIBED AND SWORN to me before
sCldi day of April 2010
NOTARY PUBLIC in favor for the
State of Alaska.
My Commission expires 26 -Aug 12
s so
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1 Shannon Elsey, Leader, Girl Scout Troop 545 Library
Donation /Library Expansion Needs from 7 -8 Age Perspective.
2 Graydon Cowgill Kenai Friendship Mission, Inc.
ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes
per speaker
1 Ordinance No 2478 -2010 Increasing Estimated Revenues and
Appropriations by $895 in the General Fund for Training
Reimbursements form Internet Crimes Against Children (ICAC).
2. Resolution No 2010.07 Amending the Administrative Policies and
Procedures for the Preparation, Distribution and Publication of the City
Council Agenda and. Packet, Including Providing Direction Regarding
the Time and Rules for Taking Public Comment.
(Clerk's Note At its March 3, 2010 meeting, Council postponed Resolution
No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010).
The motion to adopt is active
a. Substitute Resolution No. 2010 -07 amending the
Administrative Policies and Procedures for the Preparation,
Distribution and Publication of the City Council Agenda and
Packet, Including Providing Direction Regarding the Time and
rules for Taking Public Comment.
3. Resolution No. 2010 -24 Supporting Passage of United States
Congressional Bill H.R. 1034 by the 111 Congress, Designating the
Honor and Remember Flag as a National Emblem to Recognize and
Honor Members of the United States Armed Forces Who Died in the
Line of Duty.
4. *Liquor License Renewal MITAK LLC, d /b /a 406 Family Sports
Cafe (#4555)1Beverage Dispensary- Tourism.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1, Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000.
3. *Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The
Council, to Add a New Section Establishing Procedures for the Use of
Council Chambers and the City Clerk's Conference Room.
4. *Ordinance No 24$04010 Amending KMC Chapter 1.15, Rules of.
Order, to Establish the Form of the Council Agenda and Set the Order
of Business, to Explain the Consent Agenda and List of Pending
Legislation, and to Make Conforming Amendments.
5 *Ordinance No. 2481 -2010 Increasing Estimated Revenues and
by $150,000 in the Personal Use Fishery Capital
Projects Fund
6. Action Item Mutual Rescission of Lease ENA, LLC. /Lots 5 6,
Block 1, FBO Subdivision (Everts).
7. Action Item Consent to Assignment/Assignment of Lease Ocean
Beauty Seafoods, Inc /Tract C, Kenai Tidelands No. 2.
8. Action Item Consent to Assignment/Security Assignment Dan O.
Pitts /Lot 1A, FBO Subdivision.
EXECUTIVE SESSION None Scheduled
ITEM M: ADJOURNMENT
The public is invited to attend and participate.. Additional information is
available through the City Clerk's office at 210 Fidalgo Avenue, or visit our
website at hgp: /fwww.ci.kenai.ak.us.
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
APRIL 21, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htto: /www:ci.kenai ak. us
Carol .L. Freas, City Clerk
D204/211