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HomeMy WebLinkAbout2010-12-15 Council PacketA ME r s MI IN IN 2 :F1. 1 111 BOYLE PORTER MOORE GABRIEL MOLLOY KEY QUIS en 0 1— a 0 CN N. LLI LLI E O co O 2 0 LU 0 0 U) 0 0 a 0 0 LLI w co o O co 2 5 0 0 —J 0 `Z• o 0 0 uJ co 0 st a:1 0 0 0 0 01 co 101 0 0 COUNCIL MEETING OF: U a F ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may gin their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items Listed with an asterisk are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testim.ony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions (Clerk's Note: Ordinance No. 2519 -2010 was postponed from the December 1, 2010 in order to allow for a further review of information and a second public hearing. The motion to adopt Ordinance No. 2519 -2010 is active and no additional motion to adopt is needed.) 2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures 24 3. Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms /Marathon Park Restrooms- 2010," for the Total Amount of $96,000.00 4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FYI1 Shared Fisheries Business Tax Program and. Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area 26 28 5. *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) 30 ITEM E: MINUTES 1. *Regular Meeting of November 23, 2010 32 2. *Regular Meeting of December 15, 2010 41 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 53 2. Approval of Purchase Orders Exceeding 15,000 54 3. *Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by 523,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E 1/2 NE 1/4 NE Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes 67 4. *Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 1/4 NE 1/4, T6N, R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes 77 5. *Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by $25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, TSN, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System 86 6. Discussion Schedule Work Session to Discuss Utility Rate Study 95 7. Discussion Dip Net Report 2010 99 8. Discussion Request for Financial Support /Second Annual Industrial Outlook Forum 129 ITEM 11: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 130 2. Airport Commission 138 3. Harbor Commission 4. Library Commission 143 5. Parks Recreation Commission 146 6. Planning Zoning Commission 150 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) 156 INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 Page No. 1. 12/15/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 175 2. 3. 5. 6. Budget Transfer in Capital Projects in Excess of 4. 12/6/2010 Peninsula Clarion newspaper article entitled, KMS Assistant Principal Lauded" 177 11/2010 Kenai Municipal Airport Enplanement Report 178 7. 11/29/2010 C. Smith letter of invitation to become a member Center 8. 2011 Alaska Gaming Permit Applications Pickle Hill Public Broadcasting Nenana Ice Classic Inc 12/2/2010 Kenai River Special Management Area Advisory agenda and minutes of the 11/11/2010 meeting 5,000 11/29/2010 R. Daubenspeck thank -you letter regarding the naming of the park being developed along Marathon Road as the Daubenspeck Family Park.... 1 Board meeting of The LeeShore 9. 2011 Alaska Pull -Tab Vendor Registration Pickle Hill Public Broadcasting /4 Royale Parkers 179 184 186 189 ti aih. KENAI, Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2519 -2030 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 3 OF THE KENAI MUNICIPAL CODE, "ANIMAL CONTROL," TO AMEND THE DEFINITION OF THE TERM `KENNEL" TO DISTINGUISH BETWEEN COMMERCIAL AND NON COMMERCIAL KENNELS, TO ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE APPLICATIONS AND RENEWALS, AND TO PROVIDE FOR A NEW APPEAL PROCESS OF KENNEL LICENSING DECISIONS. WHEREAS, the City of Kenai licenses kennel facilities where a person keeps four or more dogs over the age of four months; and, WHEREAS, the process for licensing kennels in the City does not currently require a public notice process for the licensing of kennels in the City; and, WHEREAS, the kennel licensing standards do not require the animal control officer to distinguish between kennels used for commercial purposes and kennels where the owner or licensee keeps four or more dogs for other purposes; and, WHEREAS, the City has an interest in regulating kennels to protect the safety of the animals where an owner of a kennel keeps a large number of animals to assure that the facilities and owner are capable of sustaining the animals in a healthy, humane manner; and, WHEREAS, the City also has an interest in supporting neighborhoods and established uses within zoning districts and recognizes that kennels may have an impact on the surrounding properties; and, WHEREAS, the process for licensing kennel facilities does not currently include a requirement that the City notify surrounding property owners about an application for a kennel license; and, WHEREAS, although the City's Department of Public Safety currently provides door to -door notice to persons owning property within 300 feet of a parcel for which a person has applied for a kennel license, this process is not required by City Code; and, WHEREAS, although the City Code has an appeal process for the licensing of kennel facilities and for revocation of kennel licenses, that process does not provide clear direction with respect to the steps to be followed, and, New Text Underlined (DELETED TEXT BRACKETED Ordinance No. 2519 -2010 Page 2 of 8 WHEREAS, it is desirable to have a more formal application and appeal process for kennel licensing and revocation in order to provide a better opportunity for licensees to state their positions and in order to provide better notice to members of the public and neighbors who are potentially affected by a kennel nearby their property; and WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on October 27, 2010, and passed a resolution PZ10 -38 recommending that the City Council adopt revisions to the City's animal control ordinances in order to distinguish between commercial and private kennels, to establish a notice process for applications and renewals, and to better define the appeal process on kennel licensing decisions. 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 3.05.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section, Definitions, is hereby amended as follows: 3.05.010 Definitions. As used in Title 3: (1) "Animal" means all domestic or domesticated members of the Kingdom Animalia. (2) "At large" means not under restraint. (3) "Cat" means a domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: a. ((I)] As specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (.1978); b. [(II)]Administered in accordance with state law; and, c. [(II1)1 Evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. New Text Underlined' [DELETED TEXT BRACKETED! Ordinance No. 2519 -2010 Page 3 of 8 (7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE DOGS OVER THE AGE OF FOUR MONTHS.] a. Kennel. Commercial means premises where four or more dogs over four months of age are owned, kept, boarded, bred and /or offered for sale. b. Kennel, Private means premises where four or more dogs over four months of age are owned or kept for private enjoyment. (8) "Impoundment" means: [(lain The seizure of animals by the methods set forth in KMC 3.25.010(d). [(]b[)] Seizure of a vicious animal. (9) "Officer" means a person charged by law with the duty to enforce provisions of this title. (10) "To own" an animal includes having title, keeping, harboring, and having custody or control of an animal. (11) "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (12) "Restrain" means: a. [(I)) physical confinement, as by leash, chain, fence, or building; or b. [(II)]under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or c. [(III)] under competent voice control when an animal is on the property of its owner. (13) "Sterile" means rendered incapable of reproduction by surgical operation. (14) "Vicious Animal" means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner. Any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05,060(d). New Text Underlined ELETED TEXT I3RACKETEDI Ordinance No. 2519 -2010 Page 4 of 8 Section 3. Amendment of Chapter 3.15 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 3.15, Licensed Facilities, is hereby amended in its entirety as follows: Chapter 3.15 LICENSED FACILITIES Sections: 3.15.010 Licenses required. 3.15.020 Licensing procedure. 3.15.030 License revocation. 3.15.040 Hearings Appeals. 3.15.050 Standards for operating facility. 3.15.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel facility to be used for commercial purposes shall include a. copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (Ord. 1522 -92) (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of New Text Underlined; (DELETED TEXT BRACKETED] 4 Ordinance No. 2519 -2010 Page 5 of 8 (6) the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. The license fee required by KMC 3.05.100; Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the kennel facility, and determines that the kennel facility meets the standards set forth in KMC 3.15.050 and that the applicant will operate the kennel facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of its [THE INSPECTION'S] findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to rnake the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31 [ST] of the year in which it is issued. (f) An application to renew a kennel facility license shall be made [AT LEAST THIRTY (30) DAYS AFTER] before the current license expires, and shall be made in the same manner as an application for a new license_ An applicant for renewal may rely upon materials submitted with a prior application for a kennel facility license provided that the information accurately portrays the current condition of the kennel facility and the applicant certifies that there have been no significant changes since the prior application. jg[ Notification of a.n initial or renewal application shall be mailed to real property owners on the borough assessor's records within a three hundred (300') foot periphery of the parcel where the applicant proposes to operate the kennel facility. The notice shall provide a. date by which an.v comments regarding the application should be submitted. During the comment period. the applicant or any person receiving notice under this subsection may request a public hearing about whether an application should be granted by the City. Upon timely request for a hearing, the Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the kennel New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2519 -2010 Page 6 of 8 facility license should be issued, renewed, conditioned, limited, or denied. Notification of the hearing shall be mailed to real property owners listed on the borough assessor's records within a three hundred (300') foot periphery of the parcel that is the subject of the proposed action. The notice shall be mailed at least ten (10) days prior to the hearing and shall include the date, tune. and place of the hearing. A copy of the decision shall be mailed to all notified property owners, all persons testifying or submitting comments and the applicant. (h)[(G)]The applicant shall be informed in writing that the application or receipt of the License provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. 01(H)] The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his /her designee at any time during business hours of the permittee. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: The kennel facility constitutes a health hazard; The kennel facility violates a City or Borough ordinance or regulation; The kennel facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a kennel facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re- inspect the kennel facility to determine whether the violation has been cured. (c) If after re- inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. (d) Before revoking a license under this chapter, the Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the license should be revoked. If the license is revoked, the Animal Control Office shall prepare a written decision as to why the proposed facility does not meet the standards set forth in KMC 3.15.050. An appeal of the decision may be filed as provided under KMC 3.15.040. New Text Underlined* (DELETED TEXT BRACKETED] Ordinance No. 2519 -2010 Page 7 of 8 3.15.040 Hearings— Appeals. A person a •rieved by the anon_ revocation renevnxt iimitm• ccnditioni denying of a license under this chapter may, within fifteen (15) days of the date of the decision, appeal the decision to the City Council pursuant to the procedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WI- TETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL. (3) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL.] 3.15.050 Standards for operating facility. In operating a kennel facility, the operator shall (Ord. 1522 -92): (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of an imals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (f) Keep [ON[ only that number of animals in the facility which is safe and healthy for the facility's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. New Text Underlined; (DELETED TEXT BRACKETED) Ordinance No. 2519 -2010 Page 8 of 8 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 first day of December, 2010. A I I EST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKET DI PAT PORTER, MAYOR Introduced: November 23, 2010 Second Reading: December 15, 2010 Adopted: December 15, 2010 Effective: January 15, 2011 tarc41 KENA1 ALASKA MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: November 1, 2010 SUBJECT: Amendment to Title 3 Kennels "Village with a Past, Cc t with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 In March of this year, the Planning Zoning Commission began discussions with the Chief of Police and Chief Animal Control Officer about whether or not an amendment should be recommended to Title 3 as it related to kennels. 'Tiff The discussion was the result of an issue in VIP Subdivision in 2007. My knowledge is limited on the issue but it dealt with an individual who built an accessory structure specifically to house dogs. The use was questioned with the building permit. It was the City Attorneys opinion was that the use didn't constitute a commercial kennel so a Conditional Use Permit was not required under Title 14. A kennel license was issued under Title 3 kennel requirements. There was no codified process to provide notification of neighboring property owners that a kennel was being permitted in the residential area. After the license was issued, Ordinance No 2268 -2007 was introduced which would have provided for notification of neighboring property owners and an appeal process for an aggrieved party. The Ordinance failed. Since that time, Animal Control has developed an administrative process wherein an attempt is made to notify neighbors (knocking on doors) when a kennel permit is being considered. Also developed was a hearing process for appeals of the Animal Control Officer's decision in granting /denying a permit. Chief Sandahl can provide more information on these processes. The Commission's concern is that without a codified process the existing procedures could be eliminated. The proposed amendment to Title 3 would amend the definition of kennel to distinguish between commercial and non commercial kennels, establish a notice process for kennel license applications /renewals, and provide for an appeal process. The Commission voted unanimously to recommend the amendment. the ei l y o� KENAI, ALASKA MEM TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Amendment to Title 3 Kennels Wage with a Past, Ci y with a Frttare" Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907- 283 -7879 FAX: 907 283 -2267 In December of every year, Animal Control receives kennel license renewal applications, and occasionally receives new kennel applications. The City of Kenai has issued four kennel licenses this year, and all of them are non- commercial. None of applicants are operating a business in which they are breeding animals for sale, nor are they charging fees for boarding animals. The four applicants simply own four or more dogs, which requires them to have a kennel license per the Kenai Municipal Code. When Animal Control receives a kennel license application, Animal Control officers go door to door to adjacent properties of the applicant. In short, they candidly advise the neighbors of the kennel license application, and ask if any of the neighboring residents oppose the issuing of the kennel license. There has been no opposition by neighbors in the last year, and as such the four kennel applications have been approved by the Chief Animal Control Officer. Per KMC there is an appeal process for those aggrieved by the granting of a kennel license. I understand the Planning and Zoning Commission is proposing an amendment to Title 3 which would amend the definition of kennel to distinguish between commercial and non commerical kennels, and establish a more formalized notice process for kennel license applications /renewals. Although the current process has worked well for the last two years, Chief Animal Control Officer Reid and I are receptive to amendment considerations which would more formalize /codify the kennel application process. 1992 BOB MOLLOY COUNCIL MEMBER CITY OF KENAI (907) 283 -7373 (vOICE) 283 -2835 (FAx) bob @molloyforcouncil.com TO: Pat Porter, Mayor; Mike Boyle, mice Mayor; Council Members Bookey, Gabriel, Marquis, Moore FROM: Bob Molloy, Council Member DATE: 11 -23 -10 SUBJECT: Ordinance No. 2519-2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions After following Ordinance 2519 -2010 through Planning Zoning Commission meetings, and reviewing the Land Use Table in connection with presentations made by residents in September 2010, there are several questions and issues that 1 have. This is to provide advance notice of these questions and issues, since it is likely that comments and discussion on these issues and questions will be needed from the City Attorney and through the City Manager, from the City Planner, the Animal Control Officer, and the Chief of Police. I am not asking or expecting anyone to write a response memo; I'm only providing advance notice so people can think about these questions and issues before the 12/01/10 Council meeting. The questions and issues, and some of my related comments, are: 1.. Should the definition of "Kennel, Private" be "Kennel, Non Commercial 2. What is the intent of these amendments to Title 3 Animal Control as relates to Planning and Zoning under Title 14? 3. Does the City need to put "Kennel, Commercial" more clearly into the Planning Zoning Code, as distinguished from "Kennel, Private" or "Kennel, Non Commercial For example, will the change in definition of "Kennel, Commercial" need to be carried over into a change in definition of "Animal Boarding" for the Land Use .Table? 4. After these amendments, what is the effect of issuing a kennel license? These first four questions are related questions and issues. Generally, Title 3 is about protection and safety of animals, and protection of the public from vicious animals and nuisance animals, and it is not about land use planning. These amendments to Title 3 do not include any express changes or amendments to the zoning code, Title 14. The proposed new definition is "Kennel, Commercial" and "Kennel, Private." Since "commercial" includes "private" business, perhaps it would be better to define "commercial" vs, "non- commercial." This has some relevance to the interface or relationship of these definitions in Title 3 Animal Control to Title 14 Planning and Zoning nd in particular to the and Use Table, KMC 14.20.220 (copy attached). The only "commercial" activity that appears to be expressly regulated in the Land Use Table is "Animal Boarding," which is listed under Miscellaneous Land Uses. "Animal Boarding" is allowed as a conditional use in all zones except RS2, RU, ED, and TSH, with the conditions stated in footnote 13 for setbacks, buffer strips and other provisions that will he "adequate to assure that the use will not be a nuisance to surrounding properties." The Planning Zoning Commission "shall specify the conditions necessary to fulfill this requirement." Does the City need to put something relating to these amendments more clearly into the zoning code? It appears that the issuance of a kennel license under KMC 3.15.020 Licensing procedure means the Animal Control Office has determined that the application meets the licensing criteria, has inspected the premises, and has determined that the applicant will operate the kennel on the premises in accordance with standards set forth in KMC 3.15.050. The issuance of a kennel license does not appear to be a determination that this is a permitted use in the applicable zone under Title 14. Is this still the effect ur the intent? Will the applicant for a use defined as "Kennel, Commercial" that is other than "Animal Boarding" also have to apply for a CUP through P&Z? 5. Should the City provide that there is written comment only during the comment period before the decision on an application or renewal, with a public hearing on an appeal by the applicant or by any person receiving notice as part of an appeal process; or as proposed in the amendments, provide that either the applicant or any person receiving notice may have a public hearing during the comment period? 6. Should the City provide for a direct appeal to Council as a Board of Adjustment per KMC 14.20.290 rather than some other appeal process? 7. Should there be the same notice and potential appeal process for a renewal as for an original application? 2 -12- #5, #6, and #7are also related questions and issues. The existing ordinance does not provide for a hearing before the Animal. Control Office's decision on granting, limiting, conditioning, or denying a license, but does provide for a hearing on an appeal to the Chief Animal Control Officer of the Animal Control Office's decision, followed by an appeal to the City Council. The existing ordinance also does provide for a hearing by the Chief Animal Control Officer or designer before a license revocation, followed by an appeal to the City Council. The amendments are creating a process similar to CUP applications with respect to applications and renewals. For CUP applications, the applicant and anyone receiving notice can comment in writing before the public hearing (but there is a Commission that holds the public hearing); and there is a public hearing at which the applicant and anyone receiving notice (or present) can comment before the Commission's vote; and there is a right of direct appeal to the Council as a Board of Adjustment per IQvIC J4.20.290, followed by a right of appeal to the superior court. In the amendments on applications and renewals, the applicant and anyone receiving notice can comment in writing, and also can request a public hearing during the comment period, comment at the public hearing, then can appeal the Animal Control Officer's or designee's decision directly to the Council as a Board of Adjustment, followed by an appeal to the superior court. Council could consider having the Animal Control Officer's decision on applications and renewals be based on review of the application, inspection of premises, and review and consideration of written comments from the applicant and anyone receiving notice, without a hearing; and provide for a hearing only on an appeal of the Animal Control Officer's decision. The Council also could consider a different appeal process, such as an appeal to the City Manager or a hearing officer, rather than a direct appeal to Council as a Board of Adjustment. I don't favor a direct appeal to Council under Board of Adjustment procedures per KMC 14.20.290 (planning and zoning appeal procedures) for what is not really a planning and zoning issue, but is really a licensing issue relating to animal. control. or nuisance, If the issue is not a planning and zoning issue that goes through the Planning Zoning Commission. before an appeal to Council as a Board of Adjustment, I'd like Council to consider and discuss another appeal process such as an appeal to the City Manager or to a hearing officer, followed by an appeal to Council and then appeal to the superior court (or skip the Council appeal altogether, and just appeal to superior court after appeal to City Manager or a hearing officer) rather than a direct appeal to Council. as a BOA. The amendments provide for the same notice and appeal process for a renewal as for an original application. In the one instance that led to the development of this ordinance, a 3 -13- renewal application was in dispute. However, it seems like it would be more important to have the notice and appeal process for the original application, and less important for a renewal, unless complaints had been received prior to the filing of the renewal application. 8. Are the standards for 'license revocation" in KMC 3.15.030 sufficient? I think subparagraph (c) is vague and want to ensure that the standards listed arc sufficient. 4- -14- RESIDE I, t j i LAND t) C RR RAI ISS I RSI RS1 RC CC I cc IL IFl FD 1 R TSR LC C'Mll I 0t P'emIIy DtwP'nP C .Ix I P P P P P j P pll 1 g 1 s D22 C P P h —1 SW' I Rd S 1 /C wo/Three[eedy DwANna D le i' P P 1" ,n Y 191 I I S I C C 082 1 P t P Hens Family Desalting c IB P r C 3 P N N P P21 S I C C Em I N P C Slll4I Five/Sts Family Dwelling Cl C 1 P I 14 N P p21 I 8 C C N N P C 5 1 1 01 1 Seven er NSC In hDwe111n C C e N c3 1 N N P I t s C N N I P C 11(0" T w,1 occafl CM C C C C C C C C C D u C I C 1 C I 0 I Melillo Home Parkts N 0 0 0 0 I 0 0 C l e 0 Planned Unit Resideninl Develop me re la C C C C C 0 0 0 0 N C G C 0 COMMERCIAL 1 LAND USE'S C RIO RRI RS I ItSI 692 RE NC CG 11. 111 I PSe L0 CNN Awmtosiveleles N C I C N N N C P P P P N N I N N P Automolrve service 6mienl N 0 0 N A N C P P P P N 0 I N N P Ranks N 0 0 C 14 N 0 P 0 N C I C I 0 P 1 Business/Consenter Services N 0 0 I 0 N N C P i 1 P C N I 0 1 0 I 0 I P Guide Service Lt C C 0 N N C P P 1 P N P P f: P Hotels/Motels N C C C N N C P P P C N 0 1 P 1 C P Lodge N 0 C C N N 1 C P P P 0 N 1 P C r Professional (Mitees N C C 0 N t R 2 P P P P N 0 P 0 I C] C P 1 Y Restaurants N 0 0 0 I 0 I it 0 P P P C 1 Recall Bueinnes 14 21 C 0 I 1 N N 0 P P P P g 2i S al 0 I 0 P VVlfMn alc Bu et N C i C N N C C P P P N I h yl f C C N TFaatecJCanmem(nl Recremlwt N C b 0 N N C P t S: G N P C C 14,22.010 Land use tanie. KEY: Principal Itermhted list C =Conditional Kee S= Secondary UeC M =NetPennmed LAND USE TABLE ZONING DISTRIC'S -15- NOM Reference fonlnome on fate 2 cimml m. :vleti ZONING DISTRICTS 1 ENDUSTRIA 1, 1 5 I L LAND uscs C R RR R RID R RS R RS1 R RS 1 105 C CC C CG D D, I Airmen and Related Unes 151 0 0 C C C 0 0 0 0 0 0 2 2 P P P PI 0 I IP N 1 0 1 Automotive Ropier 1 C C C I' 0 N C P P P P P P 1 N N N IP N N i P Gan Manufacturer/Storage 1 1 IC 0 0 C C 1 C N N 0 0 0 D DI 0 0 C 15 CP 1 0 N N 5 PS 2 2010 --1 1 0 C C N N 0 0 0 0 P P e e 1P1N C C I 0 i 1 1 N 1 C I Mini-Storage Fpcility N 0 0 C C C C. N N N r r N PIP1N 0 N 1 14 1 0 1 0 C C Swage Yard 0 0 Waselmeses 0 C C N N I N E C N N P P P 1 P N 0 0 I N P --I PUBLIC/ I I i LAND PINES C C R RR U URI RS 1 1221 ILSI R RD C CC 0 00 I IL 1 IR E En R 1 PIER L LC i CAW 1 Otaisiabte itssthetioes C C C C C C 0 0 0 0 r r e et r r P P 1 1 P 2 2 C C P C C 1 r ch 0 Clinics 0 0 0 C C C 0 0 0 C C P P P P P P 0 0 C C C C 1 0 P 1 P Collages" C C C C C C E CE 0 0 0 C C P P P P P PI 1° P P C C C C I C 1 it I Rementery Scheele 0 0 0 C C 1 c 0 0 c c c 2 2 2 2 C C C C 1 1 C C 0 0 1 0 P P Citwernmentai Buildings 1 C 0 0 C C 0 0 0 0 0 2 2 2 2 P P C C. I 2 C C 0 0 I' 2 Pen settrete. 0 c c c c c c c C o o P P o ool P P C P P 1 Honpitels 0 0 0 0 c c c 0 0 0 0 c c 1 1 r r r r 1 0 I c c c I 0 I 0 P P I L;Iseariesn 0 0 0 0 C C 0 0 0 0 0 c c ii P P P P P P I 0 P 0 1 P 1 el P 1 I 1 Museeem 1 C 0 0 0 0 0 0 0 0 0 0 P P P I I' C C I P 1 0 0 2 2 I 0 Parks end lime/Don i r c c c c 0 0 0 0 0 P P r P P 1 I' P P P PC 0 P P Assisted Deem 1 0 c c 0 0 0 0 0 0 0 c c 0 0 0 I 0 I c t c c I I 1 C 0 i I MISCELLANEOUS ---1 T LAND 0202 0 0 R RR R RIO' IPS R R21 1 RSE2 t tit/ C CC CC I IL 1 115 1 RD I In 1 1211 1 LC o ow 1 t 0 E E I N I IC 0 0 0 0 0] c IC C C 0 t 0011: F Principal Permitted Use Conditions[ Ilse S Scoop:Dry Um Nol Penithied LAND USE TABLE LAND USE 1.ABLE -16- NOTE Rofereece Names on Poilowing ones for additional resiAtthm 1 MISCELLANN)01/S i i 1 I 1 1 7 LAND USES C RR RR! RS RSI 1052 RU CC CC IL IR 1 ED 7 R „---...a ISO 7 LC 1 CNIII ICInvonvithiny, Printing, Taxideony N C 0 0 0 1 0 0 P P P P ?V 0 0' P 7 I Asnomblits 15 OtaIllet C Money 'Otto Etc) C C C C C C o 75 9 70 pl3 pII (pIS C P N ratenIci Orgsnivalions" Hone 1 N [Clubs/Social Balk mu/ Union Has rt C C C C C P P P C,NIC. !Nursing. Convatescant or II.7Hornes N C C C C C C P 9 C: C C C. C 1 C r (Parking, OfitStreet r P r P P v r P P t P r 1 0 i It P P 1 i Parking, Pitnfic Itotsli C C C C C C C C: C 7 0 C t C C 7 0 C C Personal Senrices2S 1 C 0 C 0 0 P P r r (0 I 0 P P/ 27 C P 1 CommunIcatians Towers 5.7 Antenna(d), lIrdio/IVIninsmittassCell Sites" 2a P 0 0 0, 0 0 In C P C P C P C P 9 C. i In OT C 0 0 I C N C c I Recrestitund VehicleParks C C iSnhnuri5ve 'Smoot:Ion of Natty& 1 1 1 .060UrCeS 01 C C C C (0 0 52 C N 1 14 N I Surface. Extroriton or I Nannal kerourcyo C N 04 C N II 0, CO 0 N 1 N IV ICEN: Principal Permitted Ilse C v Conditional Use 5 Secondary Us: 14 =It PemviCed I See 42 USCA Sco 200 (Religions Lang Use and InsnIntionaliced Perroun Act 7700000) nr See 42 Telecommunicalionn Act of I 995, Sec 704(0) Sec, Isevenvorphclimitatten? imposed under KWIC PIO: 00 ZONING DIM tGTS 'floc usable area per dwelling unit shall be the S01113 as that required for dwelling units in the RS Z01.101 The site square Mornay in area must he approved by the Conunission; Yards around the site, off-street parking and other development requirements shall he She some 05 for principal 11503 in the RIO, zone; -17- NOTE: Reference footnotes nn Cottoning pages for additional renripanns E00111010C 1. Allowed aye secondary use except on thy ground floor of the part of the Wilding fronting on cOVinclor streets and major highways. Commercial or industrial which fails tinder the landscapinWsite plans requirements of KIMC 14.25 shall inclade any secondary uses 10 00:0 landscaping and site lotus. 2. One (1) single.family residence per parcel, which is pat of the main building. 1 3, Allowed as a conditional use, subject to sada/Ming the ibllowing conditions. ia. lb 11. Water and savor facilities shall thee, the requirements of all applicable health regulations; 1 e. The proposed dwelling group will constitute a resideittiai area of sustained desirability nod slabili0t; will he OI hannoity with the character of the stmounding neighborhood, and will not adversely eqectsunrotinding property values; E heildings shall be used only for residential purposes and customary mammy /1305, mail as garages, storage spacea, and recreational and community activities) p. There shall be provided, as part °lithe proposed development, adequate recreation areas to servo the needs of Oho anticipated population; h. The development shall not grodace a volume of traffic in excess °haw capaci0t fur whiellIh imtess streets are designed., i The properly adjacent to the proposed dwelling group will not be adversely affrated. 4. See "Tow/sitcoms' section. 1 5, Sec "Mobile blouses" section. +6. Al/owed as a conditional use, subject to "Mobile Hanes' section and provided that any mobile home park 1110C15 the minimum Federal Noosing Authority requirements. 17. See "Planned Ilnit Residential Development" section. 03. Allowed as a. conditional uso, provided that the proposed location and the character/a of the site will not destroy the residential character of the neighborhood. 19. Allowed as a conditiewal use, provided that all applicable safety and tire regulations arc inet, 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or peoperly 11. Allowed as 5 conditional use, provided 'harm part al any building is located nearer dian thirty (30) feet to any adjoining street or ptoporty lints and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of We was 12. Allowed es a conditional use, provided that the following conditions are mot. a. The proposed location of the use and the sine and characteristic of the site will 11100115102.0 its benefit to the public; Exits and 51111 vntd o ff rent parking for the USC5fCI0051Cd to prevent traffic hazards on public StItelS, 13. Allowed as a conditional use, provided that setb buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to stmoanding propenies. Toe Commission shall specify the conditions necessary to fulfill this ratruireincm. 4. Allowed as aconditional tins, provided tludwo indication or manse inenidenr gym the exterior of the monenty. 15. Al/owed, provided dart the following conditions are met. Limited Calatnerrint tone Personal Services Permitted(P) Condillntel lisetC) Art Studios X ewh s X v Rome:tans X tiressmahm I)ry CIeeacrs X Self.SsMos 0.ennddes G X Fitness Cenmr, X Alascoge Therapist x Phelogn,Llc Studio, 35 {t{ r tt 'laden 8 Panning Salons X 'Repo Podors i s 27. s, An uncleared buffer strip ofrtt least thirty (36) feet shall be provided betwce 1. Exits and enhances and o3- street parking for tile use shall he located to prevent wank 16. See "Conditional 62soa s00550,, 17, See "Conditiormt tine Permit for Surface Extraction et Natural Resouroea" sermon. I8. Conditional Use allowed only uo privately held property. Nut allowed on government hinds. 19. Deleted by Ordinance 2144 -2006 20. 'Cite airport related met allowed under thin entry are nncrah approach zones per KMC 14,20,070(s), except that for propeni access to aim raft movement urea.,, ramps, taxiways or pasldng aprons, FAA anllodvsd uses are atlmved'_ 2), Developments for axe shall be the same as those listed in Re "Development RCgthtemens Table Earths RU/TSII zones. 22. Allorved Asa conditional use in conjunction with a permitted use in the ED zone. Far exatmpic, housing for teachers or nmdants fors school in the zone. 1123, Allowed as an accessory use in conjunction with a permitted use in lilt ED zone. For osmnpls, a donnitory used to house smdeuts for a school m educational facility. 24. Retail businesses allowed as a seuandany use in conjnnciiee With the primacy use (e.g., a gift shop sr entree shop within another buoness) 25. Art studios, barbers, beauticians, noon parlors, dressmakers, dry cleaners and self senior laundries, fitness centers. photographic studios. tailors, tanning salons and massage therapies. 26. Food sa ice, are allowed an a temporary er sensoos1 basis of not more than four (4) months per year any naimmng 9 rd. on 11 itil Personal Ne vices not set forth In the oboe mint: are conditional uses, 1 28, Camntmnicationsmwehudenna(s) allowed as a principal permitted (9) um if the applicable conditions set forth Pn KMC 14 20.255 are mat or a conditional nso (C) if the applicable conditions ad forth in KMC 14.20.255 and 4.20.150 are met. (Amended during 7.7 -99 supplement; Ord. 1862 -2000; amended during 12-1-00 supplement; Ords, 1911 -2001, 1938 -2001, 1956 -2002, 1962.2002, 1990 2003,1994- 2003,2053 2004,2081 2005,2112- 2005,2113. 2005,2144 2006,2152- 2006,2185 2006,2195 2006,2246 2 2403-2009, 2425-2009) -18- TO do tine airyort perimeter fence or ha KENAI, ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: November 24, 2010 "village with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 SUBJECT: Ordinance 2519 -2010, Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for New Appeal Process of Kennel Licensing Decisions The purpose of this correspondence is to acknowledge receipt of Councilor Molloy's memorandum on the above referenced subject on November 23, 2010, and to request that consideration of this ordinance be postponed until the December 15, 2010 Council meeting. Councilor Molloy's memorandum asks a number of questions to which a written response should be prepared by the Administration, and included in the Council packet. Since November 23 was the deadline for inclusion of materials into the packet the Administration is unable to provide a written response for the November 23` meeting. The Administration is appreciative that Councilor Molloy provided his questions prior to the Council meeting so that the Administration can be prepared to provide a response. Given the Thanksgiving Holiday, it will be difficult to prepare a written response to have as a lay -down for the December 1, 2010 Council meeting. Additionally, I anticipate the written response to contain a significant amount of information (possibly requiring Administration discussing with Planning Zoning Commissioners), that should be included in the packet. Administration requests that consideration of Ordinance 2519 -2010 be postponed until the December 15, 2010 Council meeting so that Administration may prepare a written response to the questions raised by Councilor Molloy, and so the written response may be included in the Council packet. -19- MEMO l/i l(aa e with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Il r, Telephone: 907- 283 -7535 FAX: 907- 283 -3014 tl If -20- TO: Rick Koch, City Manager,. FROM: Marilyn Kebschull, Planning Administration DATE: December 1, 2010 SUBJECT: Council Member Molloy's November 23, 2010 Memo Ordinance No. 2519 -2010 Amending Title 3 Kennels During discussions relating to the proposed amendment, the Commission discussed issues similar to those addressed in. Council Member Molloy's memo dated November 23 The following is provided in response to questions and issues in the memo: 1. Should the definition of "Kennel, Private" be Kennel, Non Commercial The intent of amending the definition was to provide clarification between individuals who have four dogs or more over the age of four months as pets and those who have four dogs or more over the age of four months who keep them for breeding /commercial purposes. Changing the definition to "non- commercial" versus private would not change the intent of the Planning Zoning Commission's recommendation. 2. What is the intent of the amendments to Title 3 Animal Control as it relates to Planning Zoning under Title 14? The amendment would provide clarification as to which kennels require approval through the Planning Zoning Commission as a Conditional Use Permit private versus commercial. The Commission had originally defined commercial kennel as, "Kennel, Commercial means premises where four or more dogs over four months of age are owned, kept, boarded, bred and /or offered for sale. Commercial Kennels require a Conditional Use Permit pursuant to KMC 14.20.150." At the recommendation of City Attorney Stearns, this statement was removed. This statement would have provided 1992 Memo Ordinance No. 2519 -2010 Page 2 additional clarification for permitting requirements for commercial kennels in the City. The Commission understood through the process that they would be making a recommendation to Council in an area of the code separate from Title 14. Because commercial kennels are a and use issue, the Commission felt it logical that they make recommendations for an amendment. The Commission conducted work sessions with the cooperation of the Chief of Police and Chief Animal Control Officer both of whom felt with the limited number of kennel licenses issued each year that the current process was sufficient. However, they agreed that codifying the process would provide guidance and ensure the public was provided notice. 3. Does the City need to put "Kennel, Commercial" more clearly into the Planning Zoning Code as distinguished from "Kennel, Private" or "Kennel, Non Commercial It is impossible to include every land use classification in the Land Use Table. KMC 14.20.040(b)(2) provides guidance, "In cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established in the conditional uses section shall apply." In addition, the specific intent of a zone would provide guidance as to whether a conditional use would be required. For instance, in residential zones, the intent is to provide for residential development. Any commercial use not specifically provided for under KMC 14.20.230 (Home Occupations) would require conditional use. Also, KMC 3.15.020(g) requires the applicant must be informed in writing that receiving a license does not relieve the applicant of meeting all zoning ordinance requirements. 4. After these amendments, what is the effect of issuing a kennel license? Kennel permits would still be issued after a review by the Chief Animal Control Officer. There isn't a current requirement for adjoining property owner notification of a pending application. The amendment formalizes notification of adjoining property owners. Also is provided an avenue to request a hearing prior to a permit being issued. Appeals would be to the Board of Adjustment, The existing appeal process provides for appeal to the Chief Animal Control Officer or his designee which means the official responsible for issuing, denying, or revoking a permit could hear the appeal. The Commission felt that providing an appeal to the Board would provide for a separate, impartial forum for appeals. I do not believe that additional clarification under the Land Use Table is necessary as explained above. Council Member Molloy is accurate in that the determination that the application meets the licensing criteria does not determine that the use is permitted in the zone. This is not atypical. Multiple Memo Ordinance No. 2519 -2010 Page 3 processes within the City exist wherein an administrative procedure addresses the issue. This includes licenses issued by the City Clerk under Title 5 Business And Occupations and Title 20 Transportation and building permits issued under Title 4. 5. Should the City provide that there is written comment only during the comment period before the decision on an application or renewal, with a public hearing on an appeal by the applicant or by any person receiving notice as part of an appeal process; or as proposed in the amendments, provide that either the applicant or any person receiving notice may have a public hearing during the comment period? The proposed amendment provides a process for an individual to request a public hearing during an initial application, a renewal application, or due to a revocation of a permit. The code currently only provides an avenue to request a hearing after a permit has been Issued, renewed, or revoked. The Commission felt that prior to action on an application /permit an affected party should be provided the right to a public hearing. 6. Should the City provide for a direct appeal to Council as Board of Adjustment per KMC 14.20.290 rather than some other appeal process? Kenai Municipal Code is not clear in identifying the appeal process with the exception of KMC 14.20.290. Multiple instances in the code provide for appeal of an action to the Council but the process to file an appeal is not outlined. In KMC 14.20.290, that process is clearly identified. Other Chapters of the code also provide for appeal through KMC 14.20.290 (KMC 5.40 Pawnbrokers and 21.05 Airport Administration and Operation). The Commission, at Administration's recommendation, proposed providing for appeal through Title 14 because the process is outlined in code, 7. Should there be the same notice and potential appeal process for a renewal as for an original application? The Commission didn't consider a separate process because the existing code does not provide for separate processes. 8. Are the standards for "license revocation" in KMC 3.15.030 sufficient The Commission didn't discuss the revocation process. The discussions were limited to the area of commercial versus private kennels, notification, and the appeal process. The Commission did discuss whether or not objective standards should be developed for approval /revocation of kennel permits. Research conducted by administration did not find recommended specific standards for kennels. -22- Memo Ordinance No. 2519 -2010 Page 4 Standards were fairly general and consistent with those outlined in KMC 3.15,050 including providing adequate shelter; clean, sanitary facilities; providing access to clean water and food; providing a secure area to keep animals contained; and, providing access to adequate exercise and fresh air. The Commission agreed that Chief Animal Control Officer Reid currently addresses these issues when reviewing applications and that Officer Reid and Animal Control has the expertise to assess a facility. Administration agrees that the existing standards are sufficient. -23- the 4 vi KENAI, ALASKA General Fund Increase Estimated Revenues: State Grant ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2523 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,600.77 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins vdith other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, Al-ISO traffic- related overtime funds require no local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $2,600.77 from July 1 to October 31 of 2010; and, WHEREAS, the Police Department is requesting the appropriation of $2,600.77 to the General Fund, Police Overtime account to cover actual costs of traffic safety program participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Increase Appropriations: Police Overtime $2,600.77 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lst day of December, 2010. 44--- -24- Suggested by: Administration PAT PORTER, MAYOR $2,600.77 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: December 1, 2010 the c%)af KENAI, ALASKA MEMO: "lalaye with a Past, Gtty with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �i lII Telephone: 907 283 -7535 FAX: 907 -283 -3014 l -25- TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Ordinance requesting appropriation Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols are not budgeted in the FY11 budget. Actual overtime costs for Click it or Ticket and DUI overtime patrols from July to October of 2010 are $2,600,77. AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $2,600.77 into the general fund, police overtime account for actual AHSO related overtime costs. The actual overtime costs for the AHSO related programs for the first 4 months of this budget year are as follows: DUI $1,505.59 Seatbelt Si 095.18 Total Requested Appropriation $2,600.77 1997 Bidder Basic Bid A Basic Bid B Total Bid Cornerstone Equipment Rentals 1 $62,500.00 33,500.00 96,000.00 Wolverine Supply, Inc $117,900.00 $59,100.00 $177,000.00 Tutka LLC $167,816.40 88,272.45 79,725.00 74,148.00 $256,088.85 $237,087.00 $222,444.00 Tyonek Contractors, LLC $157,362.00 j Endries Company $148,296,00 Wirtanen, Inc $176,972.00 91,486.00 $268,458.00 Blazy Contruction, Inc $142,908.00 71,454.00 $214,362.00 Sterchi Construction 98,313.00 40,000.00 $138,313.00 D &L Construction Co.,Inc $148,577.00 80,788.00 $229,365.00 Plum Tree,Inc Unopened Bid Documents (Im uty of CITY OF KENAI KE AL ALA SKA RESOLUTION NO. 2010 -64 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO CORNERSTONE EQUIPMENT RENTALS FOR THE PROJECT ENTITLED, "KENAI NORTH SHORE RESTROOMS /MARATHON PARK RESTROOMS- 2010," FOR THE TOTAL AMOUNT OF $96,000.00. WHEREAS, the following bids were received on December 7, 2010: WHEREAS, Cornerstone Equipment Rental's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Cornerstone Equipment Rentals for the total cost of 696,000.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Kenai North Shore Restrooms/ Marathon Park Restrooms- 2010," is awarded to Cornerstone Equipment Rentals for the total amount of 396,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -26- PAT PORTER, MAYOR the ci ar KEMAL ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: December 8, 2010 Rick, "Village with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO NDUM -27- SUBJECT: AWARD OF CONTRACT; Kenai North Shore Restrooms /Marathon Park Restrooms 2010 This project is to construct three restrooms; two will be located at Kenai North Shore and third one will be at the new Daubenspeck Family Park. These projects were bid together to allow for savings in the bid process. The project will be funded by two accounts; The North Shore Restrooms will be funded by Personal Use Fisheries (130-450-8098) in the amount of $62,500.00 and the Marathon Park Restrooms will be funded by Municipal Park Improvements (116 -450 -8098) in the amount of 33,500.00. On December 7, 2010 at 2:OOpm we received 10 bids for the above project and nine bids were opened and the 10 bid was delivered late. These bids have been reviewed and it was determined that Cornerstone Equipment Rentals was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to complete the project. The attached Resolution 2010 -64 is recommending award of the contract to Cornerstone Equipment Rentals for the total bid cost of $96,000.00. III� 1 1992 &y of KENAIALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY1 1 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA. WHEREAS, AS 29.60,450 requires that for a municipality to participate in the FY 11 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2009 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community and Economic Development; and WHEREAS, 3 AAC 134,070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY 11 funding available within Cook Inlet Fisheries Management Area in agreement with all other municipalities in this area participating in the FY11 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2009 of fisheries business activity in Cook Inlet Fisheries Management Area. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifteenth day of December, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2010 -65 PAT PORTER, MAYOR -28- Suggested by: Administration Elie of K NAL ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 8, 2010 "Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Re: Resolution 2010 -65 A resolution selecting an alternate allocation method for Share Fisheries Business Tax. The City receives revenue from the State of Alaska for fish tax collected by the State in two different methods. The Department of Revenue (DOR) distributes "Raw Fish Tax fisheries business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77.060. The City's FY2010 share was $148,580.64 and was based upon 2009 collections by the DOR. The second method the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED). ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute through a program know as the Shared Fisheries Business Tax Program. For the Cook Inlet Fisheries Management Area, which the City is apart of, the amount to be distributed this fiscal year totals $69,514. Eight communities will receive a portion of that amount. There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must show the impact to their local community of the fishing industry. Once impact is shown, half of the total amount to be distributed (534,757 for FY2011) is divided equally amongst the communities and the remaining half is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution like 2010 -65 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook Inlet Fisheries Management Area includes and equal distribution of one half the total ($34,757 for FY2011) and the remaining half is distributed based upon population of the community. The eight communities in the Cook Inlet Fisheries Management Area are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, and Soldotna. I estimate Kenai will receive a total of 55,039.77 under the alternate allocation method for FY2011. -29- December 16, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1.286 RE: 201 1/2012 LIQUOR LICENSE RENEWAL Kenai Golf Course At its regular meeting of December 15, 2010, the Kenai. City Council considered the following renewal of the liquor license applicant(s) listed below and raised no objections to the renewal(s) based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Griffin Golf Enterprises, LLC. d/b /a Kenai Golf Course (License #4708) Golf Course If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant -30- November 30, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Holland Williams, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, Johni Blankenship, CMC Borough Clerk JB /kir cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE; (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us Kenai Golf Course Golf Course City of Kenai 4708 -31- JOHN' BLANKENSHIP BOROUGH CLERK ITEM A: CALL TO ORDER ITEM B: speaker) ITEM C: speaker) AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. ken .ai,. ak.0 s 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment lirnited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *AI1 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. SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per ITEM D: PUBLIC HEARINGS (Testimony Limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Resolution No. 2010 -63 Authorizing the Transfer of $20,000 from the Police Salaries Account to the Police Overtime Account. ITEM E: MINUTES 1. '"Regular Meeting of November 3, 2010. 2. *Special Meeting of November 10, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 -32- 3. *Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial. and Non Commercial Kennels, to Establish a Notice Process for Kennel. License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 4. *Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall. be Proposed by the City Manager and be Effective After Approval of the City Council. 5. *Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. "Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. 7. Discussion Confirm /Schedule Work Session with Legislators 8. Discussion Schedule Work Session Wind Power Generation Study ITEM H: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission. 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT Citizen Comments (Public comment limited to 5 minutes per speaker) -33- 2. Council Member Comments EXECUT E SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislatio n. which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -34- ITEM A: CALL TO ORDER Vice Mayor Boyle called the meeting to order at approximately 7:02 p.m. A -1. PLEDGE OF ALLEGIANCE Vice Mayor Boyle lead those present in the Pledge of Allegiance. A -2. ROLL CALL The Acting City Clerk took roll. Present were: Robert Molloy Brian Gabriel Absent was: Pat Porter, Mayor A quorum was present. Also absent was: A -3. MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING Mike Boyle, Vice Mayor Terry Bookey Hannah Coffman, Student Representative AGENDA APPROVAL Council Member Molloy MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: MINUTES -35- Joe Moore Ryan Marquis Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS None ITEM C: UNSCHEDULED PUBLIC COMMENTS Ken Tarbox, Soldotna, Keen Eye Birders Tarbox thanked Council, Mayor and Parks Director Frates for moving the gate at Kenai Dock to allow the birding platform to be available year around; noted the Winter Birding Festival would be February 4 -6, 2011; the Spring Birding Festival would be May 26 29, 2011; and, the website for more information was vrww.kenaibirdfest.com. Tarbox was asked how many birds wintered over on the Kenai and reported 79 species of birds wintered over, including more than 6000 Rock Sandpipers that wintered over at the mouth of the Kasilof River. Carol Bannock, 1908 Aliak, Executive Director, Kenai Chamber of Commerce Bannock gave an update on the "Christmas Comes to Kenai" event and invited all to attend the reception on Friday evening. Robert Peters, 902 Mission Avenue, Kenai Peters commented on the Little Davis Bacon Act. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minu per speaker. Persons may give their time over to another speaker present, h.oreever no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) D -1. Resolution No. 2010 -63 Authorizing the Transfer of $20,000 from the Police Salaries Account to the Police Overtime Account. MOTION: Council Member Marquis MOVED to approve Resolution No. 2010 -63 and requested UNANIMOUS CONSENT 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. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. E-2. ITEM F: *Regular Meeting of November 3, 2010 Approved by consent agenda. *Special Meeting of November 10, 2010 Approved by consent agenda. UNFINISHED BUSINESS None -36- ITEM G: G -1. MOTION: Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 Council Member Marquis MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -8. *Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a. Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. Introduced by consent agenda. G -4. *Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. Introduced by consent agenda. G -5. *Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Introduced by consent agenda. G -6. NEW BUSINESS Ratification of Bills *Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by S2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. Introduced by consent agenda. -37- G -7. Discussion Confirm /Schedule Work Session with Legislators Council scheduled a work session with Legislators for December 21, 2010 at 6:00 p.m. and requested the City Clerk confirm Legislator's attendance G -8. Discussion Schedule Work Session Wind Power Generation Study Council scheduled a work session on Wind Power Generation Study for Wednesday, December 15 at 6:00 p.m. and requested a light meal. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting would be December 9, 2010. H -2. Airport Commission Council Member Marquis reported the next meeting would be December 9, 2010. 11-3. Harbor Commission Council Member Gabriel reported the Drift Boat Pull Out was added to the Capital Improvement Projects List at the November 8, 2010 meeting. H -4. Library Commission Council Member Marquis reported the meeting room policy was discussed at the November 9, 2010 meeting. 11-5. Parks Recreation Commission Council Member Moore reported there was no quorum at the November 4, 2010 meeting. 11-6. Planning Zoning Commission Council Member Molloy reported on discussions and actions taken at the November 10, 2010 meeting, including the beekeeping work session held; noted a conditional use permit for a wind turbine at Medicenter was approved; and, the RFPs had been made available for the Comprehensive Plan. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee Parks and Recreation Director Frates reported the Capital Improvement Projects List was discussed at the November 9, 2010 meeting. H -7 -b. Alaska Municipal League Report Council Member Bookey reported he attended the Newly Elected Officer Training at AML in Juneau and attended workshops on the Open Meetings Act and Public Records. He added, former Council Member Hal Smalley was elected President of AML and Linda Murphy was elected as Director At- Large. H -7 -c. Mini -Grant Steering Committee No report H -7 -d. Kenai Convention Visitors Bureau No report -38- H -7 -e. Reports of KPB Assembly, Legislators and Councils No report ITEM I: REPORT OF THE MAYOR Vice Mayor Boyle thanked the Council for the opportunity to serve as Vice Mayor. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the City had applied for funding for energy upgrades for City Hall, the Airport Terminal, the Public Safety Building, and the recreation Center through the Alaska Energy Efficiency Revolving Loan Fund administered by Alaska Housing Finance Corporation; reported he would be meeting with FAA representatives on December 1, 2010; and, reported the gym floor at the Recreation Center was ready and in great shape. J -2. Attorney City Attorney Stearns thanked the Council for the opportunity to attend the AML Conference and the Municipal Attorney's Conference. J -3. City Clerk Deputy City Clerk Hall thanked the Council and the City Clerk for the opportunity to attend the Alaska Association of Municipal Clerks Conference in Juneau. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments Robert Peters, 902 Mission Avenue, Kenai Thanked the Council for their sen>ice to the community. K -2. Council Member Comments Moore Noted he would not be available to attend the Parks Recreation Commission meeting and requested his packet be forwarded to Council Member Gabriel who would attend the meeting in his place. Gabriel Thanked Mr. Peters for his comments and reported on hi s attendance at the Alaska Municipal League Newly Elected Officer training. Bookey Thanked the speakers for their comments and congratulated Fire Chief Tilley on the hiring of the three new firefighters. Marquis No report. Molloy Thanked the speakers for their comments and thanked Administration for moving the gate at Kenai City Dock for the Birding Platform. Boyle Thanked the staff for their hard work. EXECUTIVE SESSION None scheduled. -39- ITEM L: PENDING LEGISLATION (This item lists legislation which will he addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 7:51 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 in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may n.ot move or second items during a council meeting. -40- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ht.tp:/ /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 'All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion, There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 mi nutes per speaker) 1. John Bost, Mikunda Cottrell Co. Presentation of FY 10 Comprehensive Annual Financial Report. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel' to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. -41- 3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4 Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. ITEM E: MINUTES ITEM F: ITN i INISH-HED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records Training. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM IC: ADDITIONAL PUBLIC COMMENT -42- Citizen Comments (Public comment limited lo 5 m Council Member Comments s per speaker) EXECUTIVE SESSION None scheduled.. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -43- Robert Molloy Terry Bookey VOTE: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /ww\v,ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING Mike Boyle VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: MINUTES ITEM A: CALL TO ORDER Vice Mayor Boyle 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 Vice Mayor Boyle led those assembled in the Pledge of All egiance. A -2. ROLL CALL The City Clerk took roll. Present were: Ryan Marquis Absent were: Pat Porter, Mayor and Council Member Moore A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL MOTION: Brian Gabriel Council Member Marquis MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Marquis MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. -44- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 2 There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 20 minutes per speaker) B -1. John Bost, Mikunda Cottrell Co. Presentation of FY10 Comprehensive Annual Financial Report. Mr. Bost stated his address as 3601 C Street, Anchorage and reviewed the Report to the City Council which, he explained was required by law, and summarized matters required by professional standards. Bost also reviewed the Federal and State Single Audit Reports and the Comprehensive Annual Financial Report. Bost noted the auditor's opinions were clean and the City was in great shape. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Carol Bannock, Executive Director, Kenai Chamber of Commerce On behalf of the Kenai Chamber Board, thanked the Council and City Administration for assistance in presenting the "Christmas Comes to Kenai" event. Greg Daniels, 426 Rogers road, Kenai Thanked the Council and City administration for the gym re- flooring at the Kenai Recreation Center. Daniels also stated his support for Ordinance No. 2519 -2010 related to kennel licensing. Mark Schrag, 312 Princess, Kenai Commented on the action of Council related to the proposed Little Davis -Bacon Act letter and subsequent Special Council meeting. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, ''Animal Control," to Amend the Definition of the Tel ill "Kennel' to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. Council Member Molloy MOVED to enact Ordinance No. 2519 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public comment. -45- Molloy 1 Yes Boyle Yes Porter Absent Moore 1 Absent j Gabriel 1 Yes Bookey Yes I A/arnn,ia 1 Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 3 Karen Koester, 845 Set Net Drive, Kenai Spoke in support of the ordinance; was in agreement with the notification process; and, urged. Council's support of the ordinance. Garnet Sarks, 110 Birch Street, Kenai Reported she had a kennel license for her family pets; she also showed her dogs; if the ordinance was passed, it could limit her of her pets; and, hoped in its consideration, Council would not penalize someone and have them make a choice between moving and keeping their animals There being no one else wishing to speak, the public hearing was closed. Council comments included: Referencing the memorandum included in the packet outlining concerns provided by Council Member Molloy, i.e. commercial versus non commercial; relationship between Title 3, Animal Control. and Title 14, Planning at Zoning; should the proposed change in definition to be made in Title 3 be carried over to Title 14; the effect of issuing a kennel license if the amendments would be adopted, etc. Would there be any negative affects to Ms. Sarks with regard to the number of dogs she currently had? Response provided was that would be a different process for Sarks to go through when applying for renewal of the current license. Were non commercial kennels inspected? Answer provided was that both commercial and non commercial kennels would be inspected by an Animal Control Officer. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2519 -2010 to the December 15, 2010 Council Meeting to allow for a second public hearing and further consideration. Council Member Marquis SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. -46- Molloy Yes Boyle ;Yes Porter I Absent Moore Absent Gabriel Yes Bookey I Yes Marquis Yes I KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 4 MOTION: Council Member Marquis MOVED to enact Ordinance No, 2520 -2010 and Council Member Gabriel SECONDED the motion, The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. It was noted an ordinance would be brought forward in the near future to amend the Code and the fees currently in force would remain the same until the Code was amended. VOTE: "Student Representative Coffman. Yes Molloy 1Yes Boyle Moore lAbsent I Gabriel Marquis Yes MOTION PASSED UNANIMOUSLY. D -3. MOTION: VOTE: Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Council Member Marquis MOVED to enact Ordinance No. 2521 -2010 and Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -47- Yes Porter Absent Yes lBookey r Yes Molloy Yes Absent Boyle 1 Yes Gabriel Yes Porter Bookey Absent Yes Moore Marquis Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 5 D -4. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2522 -2010 and Council Member Gabriel SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: `Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. ITEM E. MINUTES None. ITEM F: UNFINISHED BUSINESS None. ITEM 0; NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 None. G -3. *Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of the Consent Agenda. -48- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 6 G -4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records Training. Discussion followed during which it was suggested a work session be scheduled for January to address the Open Meetings Act and a second work session be scheduled at a future date to address Public Records. Council scheduled a work session for January 14, 2010 at 6:00 p.m, to address the Open Meetings Act with City Attorney Stearns providing the expertise. ITEM 11: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Vice Mayor Boyle reported the next meeting would be held December 9. 11-2. Airport Commission Council Member Marquis reported the next meeting would be held December 9. H -3. Harbor Commission Council Member Gabriel reported the December meeting was rescheduled to December 13. H -4. Library Commission Council Member Marquis reported the next meeting would be held on December 7. Vice Mayor Boyle would attend for him H -5. Parks Recreation Commission Council Member Gabriel reported he would attend for Council Member Moore at the meeting scheduled for December 2. H -6. Planning Zoning Commission Council Member Molloy reported the next meeting would be held December 8 and Council Member Bookey would be attending as the liaison. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting would be held December 6. H -7e. Reports of KPB Assembly, Legislators and Councils No report. -49- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 7 ITEM L: REPORT OF THE MAYOR. Vice Mayor Boyle reported he had the honor of inviting and introducing Peggy Arness at the kick -off of "Christmas Comes to Kenai." He added, Mrs. Arness began the even 34 years ago. ITEM J: ADMINLSTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He intended to request a work session in January to discuss the utility rate study. Budget preparation had begun. He would provide a report on cemetery lay -out issues in the near future. Conoco Phillips made a $25,000 donation for the library project during the December 1 Chamber luncheon. The 2010 Dip Net Report would be included on the next Council meeting agenda. J -2. Attorney City Attorney Stearns reported the City had received compensation funds for repairs at Vintage Pointe. J -3. City Clerk City Clerk Freas commented on the following items: Thanked the Council for supporting the Deputy Clerk to attend the Alaska Association of Municipal Clerks (AAMC) Conference in Juneau. Freas also thanked the Council for allowing her to travel to Juneau to attend a portion of the AAMC Conference and the AML Conference. Responded to a concern forwarded from Council Member Molloy who was contacted by a constituent with regard to the period of time that it was taking to have the audio/streaming council meetings timed and archived to the City's webpage. She noted, she was able to contact the new contractor and was told the normal time to time /archive would be within 24 hours, but if the meeting fell near a holiday, as the November 23 meeting did, it would be within 48 hours. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess, Kenai Commented on process and stated his concern with a precedent set at the November 23 meeting when a speaker was allowed to go over the prescribed time. Bob Peters, 101 Mission Street, Kenai Congratulated City Administration and Council for their efforts in protecting the City's finances and commented on the meeting process. K -2. Council Member Comments -50- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 8 Gabriel Referencing the financial audit report, stated it spoke well for the City Administration and their efforts which be appreciated. Bookey Thanked the speakers and encouraged those who spoke about the kennel ordinance to participate at the December 15 meeting. Coffman Gave a brief report of upcoming events at the high school, including Youth Court, canned food drive, and choir /band concerts. Marquis Noted the following: Thanked Mr. Bost for his presentation and Administration and employees of the City for their efforts. Commented on the fireworks presentation at the Christmas Comes to Kenai event. Thanked those who commented on the kennel ordinance. Referenced the letter of support request that was brought to Council at the November 3 meeting; noted he supported holding a special meeting to allow for proper notice of the issue; and apologized for not seconding the motion at the special meeting to allow for public comment instead of having the motion die. Molloy Noted the following: Stated he appreciated the public comments offered on the kennel ordinance and looked forward to the discussion at the December 15 meeting, Thanked Bannock and her staff and all who participated in the Christmas Comes to Kenai event. Boyle Noted the following: He enjoyed the fireworks display and the music presentation during the display. Thanked Mr. Bost for his presentation. Thanked those who testified during the meeting. EXECUTIVE SESSION None scheduled ITEM L: PENDING LEGISLATION (This item Lists legislation which will be addressed at a later dale as noted.) ITEM M. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:19 p.m. Minutes submitted by: Carol L. Freas, City Clerk -51- KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 9 *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory cotes shall be cast in rotation with the official Council cote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the m.inutes. A student representative may not move or second items during a council meeting. -52- U z 0 0 0 0 W 2 2 0 0 0 Ce LL p O w CO 2 z W Z El 00 F z 0 0 U 0 0 U 0 CI CO Z W al W U z 0) z S -53- 0 z O O 0 O O O O 0 a 0 o 0 1- z 0 z 0 Ix 0 0 Z W -54- z z 0 O 0 W 0 0 the city o KENAI, ALASKA "Viilaye with a Past, Ga'ty with a Fistare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Il a Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1I TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: December 6, 2010 SUBJECT: Bridge Access Water Sewer 2009 MEMO NDUM Please increase PO 92728 to North Star Paving Construction by $247,570.51 for Order No. 1 for Bridge Access Water Sewer Project 2009 contract dated January 18, 2010. The increase is for changes in construction as detailed in Change Order No 1. The majority of these changes were due to unmarked DOT sub drains, and utility conflicts. For Council Approval: December 15, 2010 ADEC Approval: Granted 12/6/2010 B. Verrelli 1, 1991 CHANGE ORDER NO. 1 Contractor: Contracto Soidotna, Alaska 99669 CITY OF KENAI CAPITAL PROJECTS Project: Bridge Access Water Sewer Project 2010 North Star Paving Construction, Inc 35742 Kenai Spur Hwy, Ste A hereby directed to make the following changes in the contract: -56- Initiation Date: Contract Date: Account Account Purchase Order December 15, 2010 January 18, 2010 627 1334098 (Sewer) 627 134 -8098 (Water) 92728 1) Pay item 90,14 Increase Force Account(Sewer) Provide manhole and lateral 20,288.34 2) Pay item 90.14 Increase Force Account (Sewer) Provide Labor Materials for Catholic protection 31,107,19 3) Pay item 90.14 Increase Force Account (Water) Provide Labor Materials to modify elevation 12,692.22 4) Pay Rem 90.14 Increase Force Account (Water) Provide Labor Materials to Manage water 10,000.00 5) Pay item 90.14 Increase Force Account (Sewer). Provide Labor Materials to Manage water 14,500.00 6) Pay item 90.14 Increase Force Account (Water) Provide Labor to manage unmarked utility conflict 13,000.00 7) Pay item 90.14 Increase Force Account (Sewer)_ Provide Labor to manage unmarked utility conflict 13,000.00 8) Pay item 90.14 Increase Force Account (Water) Provide Labor Materials for Cathotic protection____, 26,669.44 9) Pay item 90.14 Use Force Account (Water) Pot hole to locate existing gas line under Bridge Access._,. 3,700.00 10) Pay item 90.14 Increase Force Account (Sewer) Provide dewater system due to sub drain 39,621.09 11) Pay item 90.14 Increase Force Account (Water) Provide dewater system due to sub drain 39,621.09 12) Pay item 90.14 Increase Force Account (Sewer) Provide additional material due to sub drain 20,928.09 13) Pay item 90.14 Increase Force Account (Water) Provide additional material due to sub drain 20,928.09 14) Pay item 90.14 Use Force Account (Water) Repair un documented sub drain 11,100.00 15) Pay item 90.14 Use Force Account (Water) Provide Creek Restoration as directed by ACE ADFG____$ 15,191,45 16) Pay item 90.14 Use Force Account (Sewer) Provide Pipe Spacers in Bore Crossing 14,431.89 17) Pay item 90.14 Increase Force Account (Sewer) Address utility conflicts to 5/29 1 .454.02 18) Pay item 90.14 Increase Force Account (Water) Address utility conflicts to 5/29 1,454.02 19) Pay item 90.14 Increase Force Account (Sewer) Provide alternate lift station supports 4,437.03 20) Pay item 90.14 Increase Force Account (Water) Provide required Enstar Observation for gas line 25,084.62 21) Pay item 90.14 Increase Force Account (Sewer)_Provide required Enstar Observation for gas line 8,361.54 22) Pay item 90.14 Force Account Alt #2 (Sewer)- Reduce amount to $12,960.00 (CREDIT) (2,040.00) 23) Pay item 90.14 Force Account Alt #1 Water) Reduce amount to $13,850.00 (CREDIT), (1,150.00) 24) Less Allocated Force Account (Sewer) (35,000.00) 25) Less Allocated Force Account (Water) (35,000.00) 26) Less Allocated Force Account Alt #2(Sewer) S (12,960.00) 27) Less Allocated Force Account Alt #1 (Water) (13,850.00) 28) Add 29 CFR 5.5 as detailed in the 9 page attachment to this document to the end of the specification section of the contract 0.00 29) Add General Condition 4.9.6 "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 0.00 Total Net Cost of Water Change $125.740.93 Total Net Cost of Sewer Change $121 829.19 Total Net Cost of Contract Change $247,570.12 REASON FOR CHANGE: 1. Additional Manhole and lateral required at station 32 +75. 2. Additional time and fittings to install sewer due to Cathotic protection not shown on plans. 3. Additional 8 "T and dip down of water line at station 32 +65 for elevation correction due to hill. 4. Additional Water 90.14 work due to water encountered at water main station 21. 5. Additional Sewer 90.14 work due to water encountered above manhole 7. 6. Additional Water 90.14 work due to utility conflict 14' deep and removal and replace unmarked 8" sub drain station 25 +50. 7. Additional Sewer 90.14 work due to utility conflict 14' deep and removal and replace unmarked 8' sub drain station 25 +50. 8. Additional work to install water line due to Marathon Cathodic Protection not shown on plans. 9. Exploratory pot hole to locate existing gas over proposed water main in road prism prior to directional drilling. 10, Operate a dewater system a between station 34 +00 and 41 +50 to allow for sewer line installation. 11. Operate a dewater system a between station 34 +00 and 41 +50 to allow for water line installation, 12. Sewer Additional material due to encountering a DOT undocumented sub drain from station 34 +89 to 42 +69. 13, Water Additional material due to encountering a DOT undocumented sub drain from station 34 +89 to 42 +69. 14. Install a sub drain from station 20 +85 to 25 +15 DOT undocumented sub drain encountered. 15. Creek Restoration divert and repair damage caused by creek flowing into water casing while attempting to bore. 16. Pipe Spacers add cedar skids to sewer main through bore, extend line durability ease of replacement. 17. Sewer Conflicts with utilities not shown on plans thru 5 -28 -10 Does not include the relocation on the ACS lines due to conflict with water main included in contract. 18. Water Conflicts with utilities not shown on plans thru 5 -28 -10 Does not include the relocation on the ACS lines due to conflict with water main included in contract. 19. Provided Driven piles for lift station (stability). 20. Water Enstar Coordination charge (Enstar required site observation on excavation, monitoring and relocation of Gas Line). 21. Sewer Enstar Coordination charge (Enstar required site observation on excavation, monitoring and relocation of Gas Line). 22. Actual Quantity Required for Project. 23. Actual Quantity Required for Project. 24 Less Force Account in contract Base Bid (Sewer). 25. Less Force Account in contract Base Bid (Water). 26. Less Force Account in contract Alt #2(Sewer). 27. Less Force Account in contract Alt #1 (Water). 28. Required ARRA Loan Language Change per ADEC MMG &L EPA. 29. Required ARRA Loan Change per ADEC MMG &L EPA. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. Signature of the Contractor indicates agreement herewith, including all adjustments in the Contract Sum or Contract Time. The Original Contract Sum was 3,218,000.80 Net Change by previously authorized Change Orders 0.00 3,218,000.00 247,570.12 3,465,570.92 0 days The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order The New Contract Sum including this Change Order will be The Contract Time will be increased /decreased by this Change Order by OWNER: CITY OF KENAI By: Name: Rick R. Koch Title: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 201 Rick R. Koch, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: Approved by Legal: Approved by Finance: )SS. -57- CONTRACTOR: North Star Paving Construction, Inc By: Name: Carey L. Foster Title: President STATE OF ALASKA THIRD JUDICIAL DISTRICT Iss. THIS IS TO CERTIFY that on this day of 201 Carey L Foster, President of North Star Paving Construction, Inc. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: 29 CFR 5.5 Contract provisions and related matters. Section Number: 5.5 Section Name: Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor.): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1945 in. the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide _fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at -58- all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been. met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a .reasonable relationship to the wage rates contained in the wage determination. (H) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, 0.5. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and se advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a) (1) (ii) (3) or (0) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide -59- fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in. providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Rousing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker., his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR S.5(a)(1)(iv) that the wages of any laborer or mechanic .include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section -60- 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan. or program is financially responsible, and that the plan or program has been cormnuni.cated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full. social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the .last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -342 is available for this purpose from the Wage and Hour Division Web site at tp ww,d ol.gov/eI d ;cu r ,s n4Li h_ or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour. Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 )a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and -61- that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall. satisfy the requirement for submission of the Statement of Compliance" required by paragraph (a)(3)(11)(3) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under, paragraph (a) (3)(1) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written. notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees -(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the J.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first_ 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less -62- than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (11) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal. certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe bene in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wade rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training -63- Administration withdraws approval of a tra..ining program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined. rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall. be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which. are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall he responsible for the compliance by any subcontractor or lower tier subcontractor, with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a. Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a) (1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used -64- in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (h)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such. contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a. territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $1O for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) (1) through (4) of this section. )c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them. for a period of three years from the completion of the -65- contract for all laborer=_ and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages said. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. -66- Fcuy of KE AL. ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $23,000 IN THE GENERAL AND AIRPORT FUNDS FOR THE PURCHASE OF APPROXIMATELY 20 ACRES OF PROPERTY DESCRIBED AS E 'h NE ''A NE 'A, SECTION 31, T6N, R11W, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA TO BE RETAINED BY THE CITY AND RESERVED FOR PUBLIC USE, AND FOR AIRPORT PURPOSES. WHEREAS, the total purchase price for 20 acres is $46,000 of which the General Fund and Airport Fund will each pay $23,000 and receive approximately half -10 acres) of the property to be subdivided at a later date; and, WHEREAS, the purchase of the property would preserve a natural drainage -way at the perimeter of a residential area and provide for a potential future site of a City trail system; and, WHEREAS, the purchase would provide the City's Airport additional property reserved for Airport purposes; and, WHEREAS, it is in the best interest of the City of Kenai and its Airport to purchase the above described property to be retained by the City and reserved for public use, and for Airport purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Suggested by: Administration $23,000 ORDINANCE NO. 2524 -2010 CITY OF KENAI Increase Appropriations: Non Departmental Land $23,000 Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $23,000 Increase Appropriations: Other Buildings Areas Land $23,000 New Text Underlined; [DELETED TEXT BRACKETED( -67- Ordinance No. 2524 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined DELET TEXT BRACKETED} -68- PAT PORTER, MAYOR Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 NENAt ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: December 9, 2010 'VSa e with a Past, City with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 SUBJECT: Ordinance No, 2524-2010, Purchase of Real Property from Greta and Robert Cox The purpose of this correspondence is to submit for your consideration of Ordinance No. 2524- 2010 to appropriate funding for the purchase of real property described as E1/2 NE1 /4 NE1 /4, T 6 N, R 11 W, S.M., Alaska consisting of 20 acres, more or less, and to recommend Council approval. This property is located west of Float Plane Basin Road and the Kenai Municipal Airport. The property's topography consists of a drainage /wetland and well graded uplands. In the past the City has purchased properties though which natural drainages are located to protect environmentally sensitive areas and possibly provide public access through future trail systems. Future development of the Kenai Municipal Airport in the specific area of the float plane basin will locate airport improvements near the existing Airport property boundary in this area. Purchase of this property will provide additional property for airport use. The agreed upon purchase price is $46,000, and the value has been verified through an appraisal. Administration proposes to utilize funding in equal amounts from the General Fund and Airport Fund to purchase the property. Subsequent to purchase, a subdivision will be accomplished to delineate General Fund Property and Airport Property. Sufficient reserves are available in the General and Airport Funds for this purchase. -69- Attached, please find an aerial photograph identifying the property and the approximate subdivision. If you have any questions, please contact me at your convenience -70- Gen! al Airport.,;: Fund..:. KPB Parcel #04301023 Owners Greta Robert Cox -71- KPB Parcel #04301023 Owners Greta Robert Cox object Property -72- OPTION TO PURCHASE This Option to Purchase is made on this �r day of PV 1\4K 2010 between the City of Kenai, 210 Fidalgo, Kenai, Alaska 99611 (the 'Buyer") and Greta Cox and Robert L. Cox, a husband and wife, of 509 Pine Avenue, Kenai, Alaska 99611 (the "Sellers. WHEREAS, the Sellers are the owners of certain real property described as E2 NE4, Section 31, T6N, R11 W, Seward Meridian, a parcel consisting of approximately 20 acres located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 043 010 -23. WHEREAS, the Buyer wishes to purchase said property and the Sellers wish to sell said property to the Buyer. NOW THEREFORE, in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sellers hereby grant the Buyer an exclusive option to purchase the above described property. 1, OPTION TERM. The option to purchase shall begin on the b day of 2010 and expire at 11:59 PM on the day of ?1 201. OPTION TO PURCHASE Page 1 of 4 -73- 2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase, the Buyer must deliver written notice to Robert L. Cox either in person or via mail of Buyer's intent to purchase. Notice shall be delivered prior to the expiration of the Option Term and shall specify a proposed closing date consistent with the time set forth in paragraph 7 below. Deposit of the notice in the mail to Greta Cox and Robert L. Cox, at 509 Pine Avenue, Kenai, Alaska 99611 shall be presumed to be valid delivery of the notice on that date. 3, OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer shall pay a non refundable fee of $500.00 (Five Hundred Dollars and No Cents), receipt of which is hereby acknowledged by the Sellers. This amount shall be credited to the purchase price at closing if the Buyer timely exercises the Option to Purchase and closes on the conveyance of the Property. The Sellers shall not refund the fee if the Buyer fails to exercise the Option to Purchase or fails to close on the property through no fault of the Sellers. 4. PURCHASE PRICE. The total purchase price for the Property is $46,000.00 (Forty Six Thousand Dollars and No Cents). 5. 2010 PROPERTY TAXES. The 2010 Kenai Peninsula Borough and City of Kenai Property taxes on the property shall be prorated between the Buyer and the Sellers as of the date of closing. 6. EXCLUSIVITY OPTION. The option to purchase is exclusive and is not assignable and exists solely for the benefit of the name parties above. Should the Buyer attempt to assign, convey, delegate or transfer this Option to Purchase without the express written permission, any such attempt shall be deemed null and void. 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, dosing shall occur within ti9 days of the end of the Option Term at a title company or at a mortgage company or bank in the Kenai area, as determined by Buyer. Buyer shall inform the Seller of this the location for closing in writing. Buyer shall be responsible for all closing costs except Seller's pro -rated share of the 2010 Kenai Peninsula Borough and City of Kenai property taxes. At the time of Closing, Seller shall deliver to Buyer a statutory warranty deed for the subject property, properly executed and acknowledged in proper form for recording, so as to convey to Buyer good and marketable title to the subject property free and clear of all liens, leases, encumbrances, mortgages, easements, reservations, limitations, covenants, conditions, restrictions, encroachments, Native allotments or claims thereto, deeds and tenancies, except for permitted exceptions identified on a title report. Seller shall further deliver to Buyer such other instruments and documents as may be reasonably required and customarily given by a seller to consummate the sales transaction herein contemplated, and as may be reasonably required by the Title Company, 8. REMEDIES UPON DEFAULT. If Buyer or Sellers default under this Option to Purchase, the non defaulting party is entitled to all remedies included in this agreement and /or any and all remedies at law or it equity. 9. COMMISSION. No real estate commission or any other commissions shall be paid in connection with this transaction. 10. RECORDING THIS AGREEMENT. Buyer shall not record the Option to Purchase on the Public Records of the State of Alaska without the express written consent of the Sellers. 11. ACKNOWLEDGEMENTS. The parties are executing this Option to Purchase voluntarily and without any duress or undue influence. The parties have carefully read this Option to Purchase and have asked any questions needed to understand its terms, consequences and binding effect and fully understand them. The parties will be given an executed copy of this agreement. The parties have had the option to consult an attorney of their respective choosing if so desired prior to the signing of this Option to Purchase. 12. TIMING. Time is of the essence in this Option to Purchase. 0 13. GOVERNING LAW AND VENUE. This Option to Purchase shall be governed, construed and interpreted by, through and under the Laws of the State of Alaska. The parties further agree that the venue for any and all disputes related to this agreement shall be in the State of Alaska, Third Judicial District at Kenai. 14. ENTIRE AGREEMENT; MODIFICATION. This document sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes any prior discussions between the parties. No modification of or amendment to this Option to Purchase or any waiver of the rights under this Option to Purchase will be effective unless in writing signed by the parties to the Agreement. OPTION TO PURCHASE Page 2 of 4 -74- State of Alaska Third Judicial District 2010 by Greta Cox. OPTION TO PURCHASE Page 3 of 4 ss SELLERS BY: Greta BY: Robe r L. Cox a husband and wife CITY OF kSENAI By: Ric R. Koc Its: City Manager The foregoing instrument was acknowledged before me this 19 day of DE 1 -75- Notary Public of Alaska My Commission Expires: WITH OFFICE State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this ba day oftE,- M9C-?- 2010 by Robert L. Cox. OPTION TO PURCHASE Page 4 of 4 State of Alaska ss Third Judicial District The foregoing instrument was acknowledged before me this a day of pE MTV 2010 by Rick R. Koch, City Manager for the City of Kenai. ss -76- Notary Public of Alaska My Commission Expires: WIN CftI Notary Public of Alaska My Commission Expires: WVilI 0ft1C (arc ury o/ I ENAL ALASKA CITY OF KENAI ORDINANCE NO. 2525 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $80,000 IN THE GENERAL AND AIRPORT FUNDS FOR THE PURCHASE OF APPROXIMATELY 40 ACRES OF PROPERTY DESCRIBED AS SE 1 NE 1/4, T6N, RI IW, SECTION 31, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA TO BE RETAINED BY THE CITY AND RESERVED FOR PUBLIC USE, AND FOR AIRPORT PURPOSES. WHEREAS, the total purchase price for 40 acres is $160,000 of which the General Fund and Airport Fund will each pay $80,000 and receive approximately half -20 acres) of the property to be subdivided at a later date; and, WHEREAS, the purchase of the property would preserve a natural drainage -way at the perimeter of a residential area and provide for a potential future site of a City trail system; and, WHEREAS, the purchase would provide the City's Airport additional property reserved for airport purposes; and, WHEREAS, it is in the best interest of the City of Kenai and its Airport to purchase the above described property to be retained by the City and reserved for a public use, and for Airport purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $80,000 Increase Appropriations: Non Departmental Land $80,000 Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $80,000 Increase Appropriations: Other Buildings 8s Areas Land 580,000 New Text Underlined [DELETED TEXT BRACKETED] _77_ Suggested by: Administration Ordinance No. 2525 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2011. A 1 1 Carol L. Freas, City Clerk Approved by Finance New Ten Underlined; (DELETED TEXT BRACKETED) -78- PAT PORTER, MAYOR Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 KENAI, ALASKA U MEMO: 'Village with a Past, Gc with a Fture" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: December 9, 2010 SUBJECT: No. 2525 -2010, Purchase of Real Property from Clint D. Hall The purpose of this correspondence is to submit for your consideration of Ordinance No. 2525- 2010 to appropriate funding for the purchase of real property described as SE1 /4 NE1 /4, T 6 N, R 11 W, 5.M., Alaska consisting of 40 acres, more or less, and to recommend Council approval. This property is located immediately to the north of Fifth Avenue, and immediately west of Float Plane Basin Road and the Kenai Municipal Airport. The property's topography consists of a drainage /wetland and well graded uplands. In the past the City has purchased properties though which natural drainages are located to protect environmentally sensitive areas and possibly provide public access through future trail systems, Future development of the Kenai Municipal Airport in the specific area of the float plane basin will locate airport improvements near the existing Airport property boundary in this area. Purchase of this property will provide additional property for airport use. The agreed upon purchase price is $160,000, and the value is to be verified through an appraisal. The Option to Purchase releases the City from any obligation to purchase should the appraisal be less than $160,000. Additionally, should the appraisal be in excess of $160,000 the seller remains obligated to sell for the agreed upon purchase price. Administration proposes to utilize funding in equal amounts from the General Fund and Airport Fund to purchase the property. Subsequent to purchase, a subdivision will be accomplished to delineate General Fund Property and Airport Property. Sufficient reserves are available in the General and Airport Funds for this purchase. -79- ,Oainua Ca 'I II►' 1997 Attached, please find an aerial photograph identifying the property and the approximate subdivision. If you have any questions, please contact me at your convenience -80- KPB Parcel #04301008 Owners Clint D. Hall General Airport Furid Fund -81- a Subject Property KPB Parcel #04301008 Owner Clint D. Hall -82- OPTION TO PURCHASE This Option to Purchase is made on this 2 i day of 4., v 4 2010 between the City of Kenai, 210 Fidalgo, Kenai, Alaska 99611 (the' "Buyer and Clint D. Hall, of P.O. Box 2829, Kenai, Alaska 99611 (the "Seller. WHEREAS, the Seller is the owner of certain real property described as T6N R, 11W Section 31, Seward Meridian, a parcel consisting of approximately 40 acres located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 043- 010 -08. WHEREAS, the Buyer wishes to purchase said property and the Seller wishes to sell said property to the Buyer. NOW THEREFORE, in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby grants the Buyer an exclusive option to purchase the above described property. 1. OPTION TERM. The option to purchase shall bin on the day of i+ie ,8010 and expire at 11:59 PM on the 76 day of c.h 20 0. 2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase, the Buyer must deliver written notice to Clint D. Hall either in person or via mail of Buyer's intent to purchase. Notice shall be delivered prior to the expiration of the Option Term and shall specify a proposed closing date consistent with the time set forth in paragraph 7 below. Deposit of the notice in the mail to Clint D. Hall at P.O. Box 2829, Kenai, Alaska 99611 shall be presumed to be valid delivery of the notice on that date. 3. OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer shall pay the a non refundable fee of $500.00 (Five Hundred Dollars and No Cents), receipt of which is hereby acknowledged by the Seller. This amount shall be credited to the purchase price at closing if the Buyer timely exercises the Option to Purchase and closes on the conveyance of the Property. The Seller shall not refund the fee if the Buyer fails to exercise the Option to Purchase or fails to close on the property through no fault of the Seller. 4. PURCHASE PRICE. The total purchase price for the Property is $160,000.00 (One Hundred Sixty Thousand Dollars and No Cents). The purchase price is subject to an independent appraisal to be performed at the Buyer's expense, and, in the event the appraised value is determined at less than $160,000.00, the Buyer is not obligated to purchase under the terms of the Option to Purchase. If the appraisal value is determined to be $160,000.00 or greater, the Seller is obligated to sell the Property to the Buyer for a total purchase price of $160,000. 5. 2010 PROPERTY TAXES. The 2010 Kenai Peninsula Borough and City of Kenai Property taxes on the property shall be prorated between the Buyer and the Seller as of the date of ciosing. OPTION TO PURCHASE Page 1 of 3 -83- 6. EXCLUSIVITY OPTION. The option to purchase is exclusive and is not assignable and exists solely for the benefit of the name parties above. Should the Buyer attempt to assign, convey, delegate or transfer this Option to Purchase without the express written permission, any such attempt shall be deemed null and void. 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, closing shall occur within cyp days of the end of the Option Term at a title company or at a mortgage company or bank in the Kenai area, as determined by Buyer. Buyer shall inform the Seller of this the location for closing in writing. Buyer shall be responsible for all closing costs except Seller's pro -rated share of the 2010 Kenai Peninsula Borough and City of Kenai property taxes. At the time of Closing, Seller shall deliver to Buyer a statutory warranty deed for the subject property, properly executed and acknowledged in proper form for recording, so as to convey to Buyer good and marketable title to the subject property free and clear of all liens, leases, encumbrances, mortgages, easements, reservations, limitations, covenants, conditions, restrictions, encroachments, Native allotments or claims thereto, deeds and tenancies, except for permitted exceptions identified on a title report. Seller shall further deliver to Buyer such other instruments and documents as may be reasonably required and customarily given by a seller to consummate the sales transaction herein contemplated, and as may be reasonably required by the Title Company. 8. REMEDIES UPON DEFAULT. If Buyer or Seller defaults under this Option to Purchase, the non defaulting party is entitled to all remedies included in this agreement and/or any and all remedies at law or it equity. 9. COMMISSION. No real estate commission or any other commissions shall be paid in connection with this transaction. 10. RECORDING THIS AGREEMENT. Buyer shall not record the Option to Purchase on the Public Records of the State of Alaska without the express written consent of the Seller. 11. ACKNOWLEDGEMENTS. The parties are executing this Option to Purchase voluntarily and without any duress or undue influence. The parties have carefully read this Option to Purchase and have asked any questions needed to understand its terms, consequences and binding effect and fully understand them. The parties will be given an execujed copy of this agreement. The parties have had the option to consult an attorney of therm respective choosing if so desired prior to the signing of this Option to Purchase. 12. TIMING. Time is of the essence in this Option to Purchase. 13. GOVERNING LAW AND VENUE. This Option to Purchase shall be governed, construed and interpreted by, through and under the Laws of the State of Alaska. The parties further agree that the venue for any and all disputes related to this agreement shall be in the State of Alaska, Third Judicial District at Kenai. 14. ENTIRE AGREEMENT; MODIFICATION. This document sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes any prior discussions between the parties. No modification of or amendment to this Option to Purchase or any waiver of the rights under this Option to Purchase will be effective unless in writing signed by the parties to the Agreement. OPTION TO PURCHASE Page 2 of 3 -84- State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this 2 day of NO VEM5 2010 by Clint D. Hall a rketaafr, OPTION TO PURCHASE Page 3 of 3 ss SELLER BY: s'2 Clint D. Hall CITY OF KENAI By: II phi Rick F K c Its: City Manager -85- Notary Public of Alaska My Commission Expires: him) omit_ State of Alaska ss Third Judicial District The foregoing instrument was acknowledged before me this 21 day of NoV0v16 t 2010 by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires:Willi Witt, theuyv( KENN SKIT AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE GENERAL FUND FOR THE PURCHASE OF APPROXIMATELY 7.28 ACRES OF PROPERTY DESCRIBED AS TRACT C, INLET VIEW SUBDIVISION, SECOND ADDITION, T5N, RI1W, SECTION 4, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA TO BE RETAINED BY THE CITY AND RESERVED FOR THE PURPOSE OF MAINTAINING A COMPONENT OF THE CITY'S STORM DRAIN SYSTEM. WHEREAS, the purchase of the property would provide the City ownership of the storm drain system for future repair and maintenance; and, WHEREAS, the property will be retained by the City and reserved to preserve the drainage right of way; and, WHEREAS, it is in the best interest of the City of Kenai to purchase the above described property to be retained by the City and reserved to preserve the drainage right of way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Non Departmental Land $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2526 -2010 CITY OF KENAI PAT PORTER, MAYOR New Text Underlined DELETED TEXT BRACKETED -86- Suggested by: Administration $25,000 Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 MEMO: "Village with a Past, Gity with a Future `111' 1992 -87- 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: December 9, 2010 SUBJECT: Ordinance No. 2526 -2010, Purchase of Real Property from Alice McKeever, Adrienne Goforth, and Donald Goforth The purpose of this correspondence is to submit for your consideration of Ordinance No. 2526- 2010 to appropriate funding for the purchase of real property described as Tract C, Inlet View Subdivision Second Addition, T 6 N, R 11 W, S.M., Alaska consisting of 7.28 acres, more or less, and to recommend Council approval. This property is located near Rogers Road. The property's topography consists of a small area (flag) providing access to Rogers Road, a steep slope, marginal uplands and wetlands. The property would be difficult to develop given topographical constraints and estimated costs associated with providing access. When the Inlet View Subdivision was developed a portion of the storm drain system was constructed within this property. The City has maintained the storm drain system since Inlet View Subdivision was developed and relies on the component (24" x 200' culvert) located within this property to provide surface drainage for a significant portion (more than 20 lots, and City roadways) of Inlet View Subdivision. At some point in the future it will be necessary for the City to repair /replace the storm drain culvert located on this property. If the City is the owner it will avoid any confusion or conflict regarding the City's authority to enter onto the property to conduct any maintenance activity. While not presently, an issue the culvert collects storm water from a large portion of Inlet View Subdivision and the City roadways. The storm water run -off is directed through the culvert to a part of this property which is marginal uplands and wetlands. By purchasing this property the City would also own the property into which storm water is discharged. Administration proposes to utilize funding from the General Fund to purchase the property. Sufficient reserves are available to fund this purchase. Attached, please find an aerial photograph identifying the property. If you have any questions, please contact me at your convenience -88- KPB Parcel #4916017 Owners Aiica A. McKeever Donald L. Adrienne L. Goforth ..M1F T 7�ry T'l C' I frw w�fta 1 v VRt Il I s1.�. '.0'fr f"• y.:711 2t w— o C if y x t 1 Kk agni. yjl Y i4 i.... ,gas. -89- KPB #04916017 Owner Alice A. MeKeever -90- OPTION TO PURCHASE Page 1 of 4 OPTION TO PURCHASE This Option to Purchase is made on this Vii) day of OWMK1 2010 between the City of Kenai, 210 Fidelgo, Kenai, Alaska 99611 (the "Buyer") and Alice A. McKeever at Post Office Box 111186, Anchorage, AK 99511and Donald L. Goforth and Adrienne L. Goforth, a husband and wife, at 360 W. Katmai, Soldotna, AK 99669 (the "Sellers. WHEREAS., the Sellers are the owners of certain real property described as T 5N R 11W Section 4, Seward Meridian, a parcel consisting of approximately 7.28 acres located in Kenai, Alaska with a Kenai Peninsula Borough Parcel Number of 049 160 -17. WHEREAS, the Buyer wishes to purchase said property and the Sellers wish to sell said property to the Buyer. NOW THEREFORE, in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sellers hereby grant the Buyer an exclusive option to purchase the above• described property. 1. OPTION TERM, The option to purchase shall begin on the day of HOVIMPkg 2010 and expire at 11:59 PM on the 7N day of re 'VI Y 201 t 2. NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase, the Buyer must deliver written notice to Alice A. McKeever and Donald L. Goforth and Adrienne L. Goforth, a husband and wife either in person or via malt of Buyer's intent to purchase. Notice shall be delivered prior to the expiration of the Option Term and shall specify a proposed closing date consistent with the time set forth in paragraph 7 below. Deposit of the notice in the mail to Donald L, Goforth at 360 W. Katmai, Soldotna, AK 99669 shall be presumed to be valid delivery of the notice on that date. 3. OPTION CONSIDERATION. In consideration for this Option to Purchase, the Buyer shall pay a non- refundable fee of $500.00 (Five Hundred Dollars and No Cents), receipt of which is hereby acknowledged by the Seller. This amount shall be credited to the purchase price at closing if the Buyer timely exercises the Option to Purchase and closes on the conveyance of the Property. The Seller shall not refund the fee if the Buyer fails to exercise the Option to Purchase or fails to close on the property through no fault of the Seller. 4. PURCHASE PRICE. The total purchase price for the Property is $25,000.00 (Twenty flve Thousand Dollars and No Cents). 5. 2010 PROPERTY TAXES. The 2010 Kenai Peninsula Borough and City of Kenai Property taxes on the property shall be prorated between the Buyer and the Seller as of the date of closing. 6. EXCLUSIVITY OPTION. The option to purchase is exclusive and is not assignable and exists solely for the benefit of the name parties above. Should the Buyer attempt to assign, convey, delegate or transfer this Option to Purchase without the express written permission, any such attempt shall be deemed null and void. -91- 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, closing shall occur within days of the end of the Option Term at a title company or at a mortgage company or bank in the Kenai area, as determined by Buyer. Buyer shall inform the Seller of this the location for closing in writing. Buyer shall be responsible for all closing costs except Seller's pro -rated share of the 2010 Kenai Peninsula Borough and City of Kenai property taxes. At the time of Closing, Seller shall deliver to Buyer a statutory warranty deed for the subject property, properly executed and acknowledged in proper form for recording, so as to convey to Buyer good and marketable title to the subject property free and clear of all liens, leases, encumbrances, mortgages, easements, reservations, limitations, covenants, conditions, restrictions, encroachments, Native allotments or claims thereto, deeds and tenancies, except for permitted exceptions identified on a title report. Seller shall further deliver to Buyer such other instruments and documents as may be reasonably required and customarily given by a seller to consummate the sales transaction herein contemplated, and as may be reasonably required by the Title Company, 8. REMEDIES UPON DEFAULT, If Buyer or Seller defaults under this Option to Purchase, the non defaulting party is entitled to all remedies included in this agreement and/or any and all remedies at law or it equity. 9. COMMISSION. No real estate commission or any other commissions shall be paid in connection with this transaction. 12. TIMING. Time is of the essence in this Option to Purchase. 10. RECORDING THIS AGREEMENT. Buyer shall not record the Option to Purchase on the Public Records of the State of Alaska without the express written consent of the Seller. 11. ACKNOWLEDGEMENTS. The parties are executing this Option to Purchase voluntarily and without any duress or undue influence. The parties have carefully read this Option to Purchase and have asked any questions needed to understand its terms, consequences and binding effect and fully understand them. The parties will be given an executed copy of this agreement. The parties have had the option to consult an attorney of their respective choosing if so desired prior tc the signing of this Option to Purchase. 13. GOVERNING LAW AND VENUE. This Option to Purchase shall be governed, construed and interpreted by, through and under the Laws of the State of Alaska. The parties further agree that the venue for any and all disputes related to this agreement shall be in the State of Alaska, Third Judicial District at Kenai. 14, ENTIRE AGREEMENT; MODIFICATION. This document sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes any prior discussions between the parties. No modification of or amendment to thls Option to Purchase or any waiver of the rights under this Option to Purchase will be effective unless in writing signed by the parties to the Agreement. OPTION TO PURCHASE Page 2 of 4 -92- State of Alaska Third Judicial Dis The foregoing instrument wa 2010 by di e A -M_"=0 e 2010 b Donald L Goforth. 4 OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS NOTARY PUBLIC State of Alaska OPTION TO PURCHASE Page 3 of 4 ss ss SELLER �o�✓�'.. LCD f' BY: Ph P c t t. t/ c e j ef v c"a/ Alice A. McKeever BY: ,r.frntdrdlj Donald L. Goforth BY: Adrie L. Gofort CITY ©F NAI before me this 3e day of „.b t� -93- Notary Public of Alaska My Commission Expires: oG -01 -u ci State of Alaska ss Third Judicial District The foregoing instrument was acknowledged before me this day of pa cCera l otary Public o Alaska My Commission Expires: [5- 2201" Third Judicial District OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS NOTARY PUBLIC State of Alaska OPTION TO PURCHASE Page 4 of 4 The foregoing instrument was acknowledged before me this 3 day of bacd 2010 by Adrienne L. Goforth. ss Third Judicial District The foregoing instrument was acknowledged before me this day of 2010 by Rick R. Koch, City Manager for the City of Kenai. -94- Notary Public of laska My Commission Expires: Notary Public of Alaska My Commission Expires: IN 0 -95- Decem bet 2010 MEETING L D R Sunday I Monday Tuesday Wednesday Thursday Friday Saturday Ii 1 2 3 4 Nov 2010 Jan 2011 S M T W T P S 6 M T W T 6 21 COUNCIL Parks 1 2 3 4 6 6 7 8 9 10 11 12 13 2 3 4 5 6 7 5 MEETING, 7p, Council Chambers Recreation Commission, 7p, Council 14 15 16 17 18 19 20 9 10 11 12 13 14 15 Chambers 21 22 23 24 25 26 27 16 17 16 19 20 21 22 28 29 30 23 24 25 26 27 28 29'. 30 31 5 6 7 8 9 10 11 Harbor Library PLANNING Commission, Commission, ZONING Airport 7p, Council 7p, Council COMMISSION, Commission, Chambers Chambers 7p, Council 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center 1 2 14 15 16 17 18 Board of COUNCIL Adjustment MEETING, 7p, Hearing, 6p, Council Council Chambers Chambers (Goddard i e etii6r+ 19 0 I 21 22 23 24 25 aKKie b &n PLANNING ZONING f.o.�.� ON CO EETING CANCELLED 1 26 27 28 29 30 31 Beautificaiton HOLIDAY /OFFI Committee CLOSED Special Meeting, 7p, Council Chambers -95- January 2011 MEETING CALENDAR -96- Sunday 1 Monday 1 Tuesday 1 Wednesday 1 Thursday Friday Saturday 1 8 Dec 2010 M 7 W T F 8 Feb2011 8 M T W- 8 8 5 12 19 26 1 2 3 4 6 7 8 9 10 1 1 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 I 2 3 4 Library Commission, 7p Council Chambers 1 5 CITY COUNCIL MEETING, 7p, Council Chambers 6 7 8 Il I l j 9 16 10 Harbor Commission, 7p, Council Chambers 17 11 Beautification Committee, 7p, Council Chambers 18 12 PLANNING ZONING COMMISSION, 7p, Council Chambers 19 CITY COUNCIL MEETING, 7p, Council Chambers 13 Airport Commission, 7P, Council Chambers Council on Aging, 4 :30p, Senior Center 20 14 er ayfyi/I 21 1 15 22 i 23 24 IA COMMISSION, j 25 26 PLANNING ZONING 7p, Council Chambers 27 28 29 30 31 January 2011 MEETING CALENDAR -96- February 2011 MEETING CALENDAR -97- Sunday Monday Tuesday Wednesday Thursday I Friday Saturday 1 Library Commission, 7p, Council Chambers 2 CITY COUNCIL MEETING, 7p, Council Chambers 3 I Parks Recreation Commission, 7p, Council I Chambers 4 5 6 7 8 9 10 11 12 1 Harbor PLANNING Airport Commission, ZONING Commission, 7p, Council COMMISSION, 7p, Council Chambers 7p, Council Chambers Chambers Council on Aging, 4 :30p, Senior Center eifaid 1 3 14 15 16 17 18 19 li CITY COUNCIL MEETING, 7p, Council Chambers �1 20 21 22 23 24 25 26 !I HOLIDAY /CITY PLANNING OFFICES ZONING CLOSED COMMISSION, 7p, Council Chambers I I A I 27 28 28 Jan 2011 Mar 2011 5 NI T VV T F 6 S N I T I N T F 6 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 16 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 26 29 27 26 29 30 31 30 31 February 2011 MEETING CALENDAR -97- -98- March MEETING L I I Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Library Commission, 7p, Council Chambers 2 CITY COUNCIL MEETING, 7p, Council Chambers 3 4 5 S M Feb 2011 t W r 9 u 6 13 20 27 7 14 21 28 1 2 3 4 5 8 9 10 11 12 15 16 17 18 15 22 23 24 25 26 ij 6 7 Harbor Commission, 7p, Council Chambers 8 9 I PLANNING ZONING COMMISSION, 7p, Council Chambers 10 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 17 j 11 awed IV j 18 12 19 13 14 15 16 CITY COUNCIL MEETING, 7p, Council Chambers 20 21 22 23 PLANNING ZONING COMMISSION, 7p, Council Chambers 24 25 26 27 28 29 30 31 S M Apr 2011 W 7 1' S 3 4 10 11 17 18 24 25 5 6 12 13 19 20 28 27 7 14 21 28 1 3 15 22 29 2 9 16 23 30 -98- -99- 0Cy D age£ Memo, t S u m m a r y Recrea m 4Work Report e Department &m a# Revenue Lxpen t e Rv ue mmary Expenditure Simamary .12 5 y 2t24 -100- .26 s7 MEMO* e with a Past a with a Fatare 210 Fidalgo Avenue, .Kenal: AterSile TelephOha •907-283-7535 I FAX0907-28343014. TO: City Council FROM: Rick Koch DATE: November 19, 2010 SUBJECT: 2010 Kenai River Dipnet (Personal Use) Fishery Report The purpose of this correspondence is to transmit for your review and discussion the above refere.nced repo& As detailed in the following memorandum frons Chief Sandal," to the 1Jty Manager, the City generated revenues of $287,035 against expenditures of $183,89142.. The adopted 2010 City budget anticipated di/met revenues of $21.7,000, or $70,035 less than actual revenues. The demands on City services continue to increase each year as the Kenai River Personal Use Fishery becomes more popular due to the restrlction/elinllnation of access to me Copper River Fishery and the. increased participation of Alaskans not living on the Kenai Peninsula. in order to respond to the increasing demand for City services, it i5 my intent TO bring before Council a supplemental budget appropriation for the following capital improvements and equipment: 1, Polaris Ranger XP (or equal) for South BeachiOperations 2. Ranger XP tor equal) for City Dock Operations 3, Barricades 4 Beadi Fire Pits Si items for the Are Dept, Rigid inflatable Boat a Jerseybarriers/for City Dock -101- 13,000 15,000 3,500 5,000 5,500 7. Delineators for City Dock 1,500 8. City:Dock ee Shack Construed:on 5,000 9. trafficCones far City Dock '1000 Total 854,000 The City accomplished, or will accomplish a number of capital improvements which have/will result in the protection of the City's natural resources and an increased level of service to the citizens of Kenai and the participants in the dipnet fishery. Thes.e improvements are: 1. Two (2l new vaulted toilets located at the end of Kenai Avenue 2, Additional barrier fencing to protect environmentally sensitive areas on the North each 3. Barrier fencing to protect. environmentally sensitive areas on the South Beach 4. Elevated Walkways on the North Beach to protect envIronmentaliy areas 5. Ileplacement of tne e.edestrian bridge at Nieeit's Crossin 6, Improved pedestrian walkway at Meek's Crossing 7. Improved signage at both North and South Beach 8. New traffic barricades on tralls leading to the North Beach 9. New "no park'ng areas" established along roadways in residential ne chborhoods proximity to the North Beach In addition to capital improvements, the City increased the presence of seasonal enforcement officers an the beaches before, during,. and after the dipnet fishery. Thank you in advance for your time In reviewing this report. if you have any questions, please contact me at your convenience. 2 -102- "Kilaye wt a Past, Ct Kenai Police Department 107 •S Willow St, Kenai Alaska 99611 Teiegnone 907-283-7879 FAX 907-28 3-2267 TO: Flick Koch City Manager FROM: Gus Sentient Polite Chief DATE: 10113/10 SUBJECT: Dipnst Report StimmarY Enclosed is the City of :Ken annual:Dip/let Report for 2010 wihh.reparts from Police, Parks, Fire, Public Works, and Finance Far the 20 i dipnet 'fishery the:City hart Teta] IINCIMeS of $287,035 ami total expenditures of $183,89 t Cirailt relfealleS of St 56,920 are riot included m. the total revenue and expenditure figures, The grant itandirig dedicated to dipnet improvemerett„ which e,re listed in he Parks section of the report. The .Police Department had a significant Mel in calls for service that .were specific to cash pith:Alps:from the pay shacks, The more frequent astrpiek-ups Sped =sure the safety of cash attendants Other chpnet calls lbr servicolilot related to cash pick-ups) actually decreased from 2,009 to 2010, Police dipuer operations viers efficient and relativeiy trouble-free, largely due t° the 'galling of cow fultstime Seasonal Enfor=ent Officers., Whose primary obligation was to &putt opezrations, The Fire Depattiment had more sipifipant involvement in this.li ahoy than in past dime fisheries, As a rah It, the:Fire:Department contributed a section to the 2010 dipner report, detailingthe Frite Department resources that were utilizi as a reeelt of the fisher:Yr As with past years, the Park' Department was very busy during the dtpher alshery, The peak weekend placed astrain an P.uks staffing, especially as the Little League narking Mt was utilized tor overfitlwparkthg. Many Parks employees who work all stammer co. City landscaping were re—directed to •dkimet responsibilities from July 10 to July 31, The Public Witt Depart/Merit provided. significant "No signage improlidracia2 on S, Spnize Redoubt Subdivision. and also iTVOld The placement of these sitmsrhelped alleviate parkinoissuesthat had previously col greets. Traffic control volunteers; were utilized at the City Dock and on Kenai Ave.„. providing approximately 300 Work boura. Their welcomed efforts saved the City approximately S3k600 (300 hrs. zr, $12 an &nu —based on seasonal •Parks employee pay rates). -103- Future One mobile food vendor from Anchorage sporadically stationed ids all in the reserved vendor parking are on the North Beach. He paid a onetime fee of S630 (S30 per day parking fee. !urine 21 'days of the fishery). He also paid nominal vendor fiat to the City Clerk, fie was an amicable person, who had nothing negative to say about the City's facilitation of vendors, Bic. City Departments have identified the following equipment needs (totaling about I51,000) that would improve the City's future. dipnet operations; L. Police HaIftonpckupfOrSEO s $34;000 •Polaris Ranger "fiB) for the South Beath $15,000 Barricades $2,300 2. Parks 30 x 40' Parks Recreation Storage Facility S60,000 DeekSecurity Camera System S10,000 Beach Fire Pits (replaces existing concrete units) S2,500 3. Fire Miscellaneous items. for Rigid /inflatable Boat (RIB) (see Fire Department report for specifici) 4i Public Woliks Polaris for City Deck $15,000 jersey Barriers S5,100 Delineators 51,212.50 Cones zr 5750 in addition to storing Parks equipment the 30' x 40' Parks storage facility could he used to store the Fire g rigid inflatable boar (RIB), as well as storing other &poet- related equipment (1.e., iron ranger pay stations, pay shack, totes. etc.), The itrajotity of FtlB depleymenisaccur during the three weeks of the dipnet fishery. Every summer the North Beachparking lot and the overflow parkinglor reach fad ea,pacity an peek weekends, Fartunately, Little League didn't host an Ali-Star tournaments during the dipnet fishery; otherwise there would have been very limited parking for dipnet participants in that overflow lot The City could &insider &dulling additional land in the Spruce St, &ea thst wild be utilize&for &puttwiring and =Ting, Overall, the City departments very: effectively managed theCity's restionsibilines ,t0 the dipnet fishery. The remainder of the revort providesgreateridetall althe .City's 2010 dipnet operation Wevoill meet and plan this winter/spring for improvements the City ma make for 2011. 4 -104- $:5,0 0 Kenai Police Department Dipnet Report 2010 Pmpared by: Thera &minor.: f 'SEa, Jordan Chasm: (SEC), Dornthick Eubank (SEM Sgt. Keay Gdorge, David Racd and :Cbior God Santhild introductrots This report summarizes the Kenai Police Department activity apecific to the dipmet thery. The fishery opened on ,Saturday.JiBy 0 at (k,0() ..and closed oh, Saturcia,V, ihty 31 at ittaight. On July 2:4' the &pact fishtry was opened :24 lawn forthe temainder the•easnn. The Kenai' Police Deparnnent employed four seasonal enforcement :/ifficert agailats summeh. Two:returned with prior experience, and two were newhthis year, thepresence oftourSEQs again- contributed )kignificantl to smooth operations,. Thep ..ty crc a pelastant presence fo Se; questaws, uPita Be(alm; :Monitor' and enforccparking and traffic :flow, and:proVicit immediate assistance for 'various isaues. The.SEOF spent a total of 517,5 hdqrs.' Working fluting thodiptvor fishery. Out of these, a total of 369.9 hours were specific to diphgt (lathe beetles, at-Kenai City Dock, or perfortnitig other dipnet-related duties), Similar to previous years. the 2010 /linnet season started slowly-and Sreaspd in intensity until its peak, one week into the season. The North Beach parking lot' were calatapletely)hill by ty: 15 The South Beach, near the mouth, was also higWysattrated. by this! Ste, This wetkend has been showroo,be the busiest weettehd hf clipnetabr the,past three years. kfterithig *eek end the amount of pee* began to accirne, Often leatjatagtheNtirth: peach 'peking io aiound 5O% tull Eh ythe end of the Settson.the Norf4 Beach packing ctiraiiaativStiPt.L IMP PctaVisfitiX± Kilaye with a Past, 6i en Kenai Police Department 107 S, Willow St, Kenai, Alaska 99611 Telephone: 907-283-7879 Fax) 907-283-2267 -105- with a Fatisreb. cy police lights Penal a h.Beach, Having a EOs:l'h fi- wheele s parkei at. th Tlie t drill Beach rt9 ,uired ti e major commonly encountered w ere parking lentpydealt lad th si< lattrs by leaving:' hesituati €tn Wag lC.miVed. SEOs onty`issu Auer tfi few xhsti As wwoufte Ave, Ofn t) ppartrne. c d pnet 1isbery hetR.ang a pohcesveh de i?7 other to z:r Bach during the dt net fishery, e3.ls: €e `sratcipersngain lent KIM a. Polarls :Ra ee s 1. on Kenai orked g effithently oak week there The little league bail fie overflow parkin =g for the 2(1 0 season, and this parking ltttsvas heavily utilized durirgthe peak week; in other to anu areas, additional manage and additional Parks D During the 2009thpnet Shen roaIeft25 Spruce. This year thz c le np citations due to si thong; S. Spruce. kr i> whit -106- id e ib p rop: rt}^ Yteartlte S4uthi iit •Plant. thgac locations d SEO working hours. The urohie Hare to pay or display pennit, SEOs checking hack .within a feW hdUPns.s€.e s tations this riipnetseason. mpliance fling tvfl e bieles ill "No Parking paid parking in fins needed. Fencing e»enS olKenai Aye, continued to be a prohlern this yeari A hitioush the city nut hp temporary fencing, it \V IS quickly thampicd by caremeni and-careless diarietters. Permanent fencing at the end of Kinith Ave. would bmtprottiet the dunes and smire the city the hassle of constantly repairing temporary fencing, SEOs It:ft many warnings on tents that didn't display permits. It was detenntried in many of these cases that rent cam•ers had paid for damping bUt di. n..:.havu a permit displayed, (heroic. Limping fee compliance was the beat linos suer been. The North Beach had one mobile food vendor, who sold miscellaneous food _itchduring She difinet season from a mobile an City employees had regular communication with the man, who had. nothing negative to say about the City's facilitation of vendors in the patking lot, The City reserved four large parking spaces 1 vendors, and the presence of thi$ vendor did not present a significant burden to city personnei duffitg the dipnet sign. The vendor pant $630 in parking feests season, in.andition to nominal vendor fees •paid tO the City Clerk. A veteran sei net fiShOrrnat 116.1i/Lts thC NOrth Reach access every year to nue' to/from his set net Ste. He had nothing but positive feedback again this year with regard inthe Gay facilitation of efficient traffic flow of his 'vehicles. He further agreed that the virtual gravel impkrvement extension onto the beach worked well this year, From a act net fisherman pea he had no recommendations for improving City dipuet operations next year. Kenai thy Dock Activity at the dock quickly increased durin a the first: week. Dining the second weekend the parking lot and overflow parking area nearly reached the capacity limit, During ihs -weaved boaters. waiting to load; unload their boats were hacked up 01 the way to Bridge Access 'Road on multiple occasions. This situation was COM pOtlitlied on the peak Saturday when a !dock worker and volunteers ended their assigned work shifts at •the samelime while traffic wassail) congested. This placed a significant work load burden on police personnel (indludina an investigator) who then dedicated the next several hours to aileviating,the traffic flow problems, Police personnel responded to 38 calls for set on this part', cularSaturday, and the ability of on-nuty offunmsto adequately respond to those calls was impeded by the dock congestion, For next year, the Department is hopeful that dock personnel will have .the discretiondauthosization to work extended shifts, as needed, to help control heavy traffic flow, During the busy week, officers and volunteers worked to remedy City dock congestion by &towing Pun lanes of traffic from the one..way entrance ail the way lo die boat launch; one lane dedicated to loading and one lane :dedicated to manacling. 1:his-worked out wall; however, required officer presence to regulate it 'Despite the congestion, the longest wan in line :Or hoators was otteMour elunin.g this dipteseasen„ 7 -107- tcrutth Beach The South. Beach requiredlesEattention from tNilears and SECIts than the North Beaa. The most firmprent violations weretbe following: tnirkus not wearing he1 LL n ri ATV's: trash being strewn about; overflowing h-ash canisters; and the laek of damping passes displayed cm tents. ATV operation in the dunes was not a problem this year, futtire dippetweasons„ trash should he picked up twice a dav dating thepeak of the season ta p-estent overflowing, E E cc EctEttt+EC74 AtfistmliatEetuts Dining:the 2010'Season,thde were two dirmet-rettita 1 An overturn occurred in the mouth of the river and a mtnof colliSionyurred Sat the ity Dock, Neither incident resulted in death or injury, On another eitrutsion,,SEOs'tbartsported:EMTst a hypothermiceindi v 'dual :et theSaith Beach (utilizing. a: PUlaiitie ktaygerjt The dipnet season resulted in SEOs collecting lostimislaid/abandoned property including, but not limited to, dipnets, Walls, keys, wallets, punesyarld fishing licensikirrermits. SE Os Were successful at returning many Of the itents. City personnel provided the Kenai 'Visitors Center with cal or dirmetybrochures-and maps, Visitors :Cefttat Staff said all of the brochures and maps wcre given away, and recommended making them available again next year. They felt they 'were able to adequately pro‘tide people witit dipnet infonnation and they did not have any .further reettimmendations for how the City. could improve ft dipnet operations, ThekenatPolieeDepartmentyreceived Wry, if anyttoomplaires parking in Redoubt SubdiVision thanks to temporary "140:- Parking' Signs placed :on S F crest DT Toyon Way; WiaryDitt, and athora -108- apnetithinistita nietisties This yes the 'kenai Police Department raspilde:if n 272 dipnet fishery related-calls far seinice, with 244 of theaehandled by-S FIX There *etc-fewer problems with parkin:2 permits this yeari which watinetil in fewer WarningS aa&citations beingassuat 23 0 ofthe:calls for service weft oksit packup tnth 62.6ther eat IsSfOrstitviee, By' cernpariSOF1,:the istioVipitiai",Vear (2009) ban 77 "tather calla Thy services DIPNET Acrivin 2009 Dipnet Fishery 2010 Ditinet Fishery 14 1 Calls for Service 272 Cais bar Sernice 26 Citations 6 CisadCMS 0 Impounds 0 Impounds 196 Police Otlicer Hours Dedicated to 177 Officer Timm DedscatS to Diane biped 337 SED Hours Dedicated to :Dirndl 309-9 SE0 Hours Dedicated to Dtprien Dipriet Calls for Service 2010 Mow are wime co. f the 62 "other" calls for =vice by category and awiatter el incidents: 11 parking or traffic flow 5 vehicle lock-outs 5 found property 5 illegal fish alernputa 3 motor vehicle crashes 3 illegal tliprietting 3 thefts 3 speeding and /or reckle.ss drivers 3 look for float:mg diimetter fi gilts harachartitartiterepera 2 vehicles stuck 2 misdial 911 2 boating accidents Other calls involved: 1h person, fireworks, dampataT fire, uziatterithii child. etc. -109- 200 lliptiotiExpenditures for the Nepal Police rtepa :ablaut, PP I ice:Offi cers: payiri benefits (165.5 hrs Is Snedtcfled OT his) 5E0 Payyvj be nerlits:(301.5 hrs 68.1 DI pisparche r Pay .w/benefits (51.25 hrs y pickup Expedition equivalent rental -jut $1.390X3? .ATV (Rarigerptirchase- Purchase Price spread ober 19:ye -Fuel (SEOs $1230.80, Officers $501l) Total Kenai pr) Expenditures tor the 2.010 $1.l4ing one borrowed ATV from AididitUsildlifelfrodpereradted apprur rthately .21 A37 SO E't Fuel experibed reproriefit 90% &toe Wed KBOlaithitily and approxanateiti20% of hat user,' 24_ Equipment Needs PolarisRanger XP f or the South Beach $15,000.00 312Ton Pickup ay/police accessories (alit bar, Nacho, etc.) i $34 03030 Barricades $2,3004)0i Totat Kenai Pb Equipment Needs far the 201iSeason $51,300.00 lithe City purchased a second Range-Cr the Police/fire units would have varanteed teapot's& vehicles for the North and the South beaches during the di poet. fishery. There is no guarantee that the Alaska Wildlife Trooper 6-wheel er will be available for future -seasons_ Outside of tile drpnet season, a aeoond City-owned Ranger XP will become a primary off response vehicle for the Kenai Fire Department. Two ectbe gEts are Seto drive tee department's ton pickep. Tile other two SEOs brive a marked Police Expedition, Preferably, the Beata Officers (who &atilt fully armed police officers) wetald ail (hive a more toned down police vehicle (such as a pickup) instead of a maditional police =ism -110- 4966 1 1 0- 4968 $5,737.26 $2(000.00 $3,18a Do 51(43730 $1, mom by' Officer in Condusian Overall, the NI 0 dignet fisheryiwent smoothly and posed few significant probloris from a law erribrnement perspective, The presence of the filar seasonal:eardrum:chi ccifinersiwas critical:fa the department's ability to respEiinci to calls and Mairinill a lawcinforceruent presence in and lir gidgiihbiflaigflabliMasialiCiiitiiinr"' W around the Clipact fiChcry, 01ff-diets and scsaigrgichfccsaissoicasericcs 1.•;;: it ..r.c. 4„,frigsgir.rsconci ir hiiss insicw SEOs spent-many:hours Wan:agog the 2.14,10Cif gitisr rf -F s Sr public an4 C.'nfbrdlig_Oity'6rdinanCeS -After, .te 1; Sg Agg addition tbhandlingsdipuct nails for atrrice),. Collaboration. between:the icarigus City departments- (1 .rd„ Rix- Finance, Public Works) continues to improve the Crity'g ability ter titabage the challenges associated •withthe fishery, 1 1 Adult- volunteers acti priwided wonth while traffic control assiscince to ofifinen; onlKenai:Ave. and at the City Dock thihing"the nciddic sigoelitencis, 'vtilaye with a Past, C with a Future" 210 Fidatge •Avenue, Kenai, •Alaska 99611-7794 Telephone_ 907-283-7536 7 FAX: 907-283-3014 TO Gus Sandahi, Chief of Police FROM: Robert J. Frates, Parks Recreation Director DATE: September 22, 2010 SUBJECT: Personal Use Fishery 201B nn2 The following is a summary of the Parks Recreattan Department's cordnoubon toward the 2010 Personal Use Fishery, including obtervations and a suggested list of expenditures for the 2011 thshery. The 2010 fishery opened en the fraditionai start date of July 10 and concluded. on July St at nitic' night Due to Alaska Department Rsh and Gartiets (ADF&G) projected escapement goals seemingly beffig met, ADF&G .litteralized the fishery to 24-hours beginning July 2e, As a result of the increased hours staffing at the sheets was adjusted stightly to !provide some, additional toverage for purpose's of fee tolled:ion, issues encountered by the Parks Recreabon Department throughout this season's fishery are, probably best described as typical and were not viewed as out of the ordinary. Goodynanagement pracbces, policy governing use of the beach, and attiring coordination between ail the affected departments and agencies fedi° a successful season, The CooperativeAgreement COOP-10-096'betweert ADPAS and the'City of Kenai North Shore Fishery rnprovements wilt be a 'springboard" for continued enhancements in 2011, The fishery continues, however to exert an extensive strain on the department's staffing resources during this penod. One interesting obsenration is the fact that to today's weak economy, more residents throughoW Alaslut eppearto be making this fishery .a we» orchestrated destination point for recreational pursuits white -at the same time motivated by puffing food on the table., Marc people appear to be planning their vacations around The fishery and it has toffy become a family affair, This is evident by tne large and sometimes' eiabbratettent structures being deplo yed by users, large families, and oytended stays. Lkith anti Fish -Waste Daft& Alaska Waste provided durnoster service on the shore white Peninsula Pumping provided dumpster service on tne south shore. Park staff supplemented trash and fish waste removal efforts on the north shore daily and the KONG a team assisted an Mondays and Fridays. Approtomately 234 man hours were proutded by ski team, Two additional dumpsters were added on July 1 t to the south sham. to meet 12 -112- peak demand, The deparlmeim receiver; one call as e result dm clumpster •on the porn( shore not nettle emptier( nmrontly whtch was s result ef a vehicie party biounne access. Sankation Padtities Penns:lie Pumping' provided the portable toilet service again this season, Service to Mese urns were increased timtwice daily from July 17 throughthe 26 in order to meet peal< demand, The department received one complaint abouttheitotiets becoming too full. Services overall appeared to oe aequate Gatning access on Kenai :Me nue for purposes of servicing portables appeared to be teas of en ssi.le this Season. The additionor a permanent reStrObrn facility Win assist greatly the future Behmint1ng Me need for frequermsemaping. Sand Dune Protection Negative ermiropmernal impacts to the Ounc-s and surrouncling'brm nesting areas were very minimal One te thelpostandichatn fencing, enforcement.androornelianue from fishery participants. Postancirchain was added to the south shore as weft as approximaterm1,200 linear feet to lhenorth shore extending north of the sewer treatment facility. The Success -Of thr program wasievidept while onmirfiric the health atin condition of the dunes shortly Serf the fishery olomparrm to •prior years. Pedestrian Watkway improvements The Alaska Department of Fish and Game corn the necessary funds to ancrade Meek& tai' leading from Old Town Kenai to north shore. 'This area has become a Very popular access point and the upgrades made it much easter for participants to carry men gear Part staff dedicated a couple days completing the, trailhead prior to the 'fishery. The sodinon of a new bridge t obtained but not installed) wilt (inner enhance people's recreational. experience, both du-mg the fishery and year around, PARKS •REBREAltik Expeusa Summary Materials, Equipment C011 Servioss Portable Toilets $24,670 Dump:Mors (South Santini; 17,750 anteaters (North beano(' 2,535 Beach Cleanup Services 7,500 Receipt Books 1,951 Parking Camping Permits 750 Fee Envelope Box 250 Misc. Signs 150 Mien Supplies (propane/Ms-tars, trash bsgs pens, et) 1,377 Colorer( Maps 295 Phone/Minutes 750 Vehicles 3;390 Estimated Suet Costs 1,000 Sub-total $62,388 Labor Pee Collection 1,211 1 marehrs) $15,187 Temporary Fence installation/Removal (21.mph4his) 249 Beach Aide (94 man-hrst 1,115 Beach Maintenance DuringlAtter /238 man-hrs) 2189 Misr, Sup:Kn Set Up (18 man-fumy 249 13 -113- Admin. Meetings, Training tarirkno (200 hari-hrs) Sulfnfotal $27.757 Total Material L r Expenses $90,105 Miscellaneous Projects Design Dravrings For Beach imbrovernents (UEF011 funded) $S6,500 Meek's Trail improvement (USF&W funded) Q1,700 North Beach Permanent Penning (USF&W funded 12,392 Elevated Walkway-Fabrication lUSF&W !MRCS funded) a4;500 62028 2';801) South BeachPermanerk Fencing (APRA funded Design DrawingsP or Elevated Walkways JS-&/ WPCS funded) Total Project Expenses Grand Total Expenses $.247,025 Labor costs are tor one park aide assigned to beach for general patrol, fltferifish removal, fence work ann assistance with traffic, s Labor costs are for barks crew mernhem supplemenang ark of Beach Aide for li(ferifish removal, raking beach restroum cleaning. fence mending and bosfafishery ciesnuc. Labor casts for trimming. tn parking lot on north share, marring shacks, banging signs, placement of cones Agnikusiraton costs fur meetings, staff training and general adyninistratkon skipper' Boating Faculty Expenses Materials and Contracted Expenses Portable Toliets 5'i-500 Durripsters 500 Restroom Pura ping 275 Cleaning Supplies 200 Striping Paint 190 Sub-tota; $2',6435 Labor Shack Attendants (388 mart-hrs Dock Worker Evanson' (124.5 marbtas) Dock Worker Bralley (132 mark-hrs) Traffic Control (20 mar-hr)., Grand *fetal EXPOrSeS Sub-total -114- 20 $156,920 E6293 5,238 51.40 660 $20,296 Purchase commendagans far 2011: gem Estimate°, Cost. 1. Do Security •Camera System $10,000 2. 30' x40 Park Recreation Storage FagititY 60,000 3. Beath Piro Pits (?eptaces exkting concrete units) 2,500 2.5 -11 5- Total $T2,500 TO: FROM: Wayne DATE: SUBJECT: I fit Equipm 14x4 Truck: 4 1:Vactor Truck. ?'4 Citv.l3ackhoe' 1 4.. /VII Gus San{ e with aPast, 210 Fidaigo Avenue, Kenai, Alaska 99611J794 Telephone: (907) 283- 82341 FAX: (9 071 283 -30 14 MEMO 4: NDUM Chi Public Works Director r 20, 2 KENAI RIVER PERSONAL USE FISHERY 2010; PUBLIC WORKS. DEPARTMENT CONTRIBUTION 4 4 aAdis e Kenai This is a suroitTaty of Public Works De partment's River Person& Use Fishery for the 2{31 season: Preparatio €zfor' the .Personal Use `Fishery: 1. Set sianaee. Add 4 signs in North Beach area o' Fir e "No Camping "Private Property Add ,30.additional temporary No Parking" signs to Redoubt Terrace Subdivision, Q1de Town 8"-east side of South Forest Drive. 1 No. of Units Unit Cost y Cost 30 P osts $s ,arravas,_,� ottcers Hours Worked Total Rate i 1 12 542.98 .$51 I6 Total Equio lirs Rate -116- 5150.00 54,500.00 52.4 Totat:, 55.957,76,_ f: Alit E N PUBLIC WORKS BUPA. 2. Rebuikd Roadway 4 Tthiuuriertt 1966 Cat Loader 4 Grader 3, Set to South Beach Riverview St r W orkers 5 Equipment! H 2 986 Cat Loader with forks 1 Ftatbed. Truck ''8 Trailer B ng R 3 Dump Trucks ,._3 9 Materials i 'Leeds Yards '12-yo Track i 10 i 1 G i Total: nd placing barricades (protection of talk booths) on North arid as. Place one traffic barrier at the corner of Main St. and Olde Town to prevent pubfic use of private parking lot. ours Worked Total Man Hrs Rate Cost 40 $42,98 $1 719.20 Operating Hrs Total Equip Hrs 4 I 0 S76 '84:1)0 Total: 4. Grade parking lots and gravel roads. Apply dust control. (Parking lads and roads are graded during the Personal Use Fishery as needed). Hours Worked j Total Man Hrs Rate Gostr, 57 60 S120.00 1200 $35:00 5 24 'Equipment Operating Hrs 14H 1 -16 1 40G Sander True (Small) 5. Add r Workers 3 Eouipment 3 Curno Trucks 966 Loader Materials 12 -yd loads of gravel annex r,Road Worked 4 Operating Hrs �4 i4 -Loads 4 ach Entrance. To tal It9an Hrs; Rate 12 $42:98 t. Total Equip its r 12 4 Yards 48, i? -117- Cost' k 515.76 960.00 S384.00 $408.00 Tetaf. -.q KiiNAI RIVER: PERSONAL ilSE t'•'t4 ESEIBME: WORKS. DEPARTMENT w t Updat' 'information warkers Materials for Printer i Paper f 500 current year the Kenai River Per Pamphlet. Print 500 two -sided _oomph) Hours Worked Total Man Mrs z1K Post Fishery Activity 7. Retrieve Toll Booths Sario Workers, Hours Worked 5 8 Equipment ent Operating Firs .2 966 Cat Loader ,2 with forks Flatbed Truck 8 Trailer Total Mare Hrs Totat Equip H Public' arks Department Resource Sumer Public Works Departments three Fishery 2010: Rate 4i 541.9?. Samoa Store in Oft i Total WlanMrs Total Equip !irk 4 contribution to the'Ke 384.00 84,00 2;487 Pentane' Use Total Cost r' $11 .449.08 i 510;102.00: .71 tgel ib urs (rates vary) s9 hours mem Hours (rates vat^'i 117 hours (Amin. Paper ink) J_500 sheets &D gravel) 1 168vds Chloride) 1 Bad.. bog skins 130 signs lions -118- ter ink $500.00.) 1,42E.001 $787.00.1' $4,500.00. 4 KENAI RIVER PERSONAt USE FISHERY PUBLIC WORKS DEPARTMENT CONTRIBUTION Purchase Recommendations ftsr Personal Use Fishsry 2AM: citg.ornent Purchases. Estolornent Cones 2r Delineators, 42' T-Top wtth 19# Base Jersey Barriers Polans Ring!r tAll Vehicle) Unit. Price (Aporox) •5 No. a Units Cost $30.00 1 •25 •L S750 00 $48.50 25 L $1,21250 3850.00 6 $5,100.00 $13 i 615.000,00 19 -119- 2010 Total: $22,062.50 T Rof' see Chief 'Sa at FROM: Fire Chief Tilly DATE: pferra laer 23, 2010 SUBJECT: 20]0 ddpra re tort "/i /aye wits a P ast; a Futur The tolso`;rvmg is a brief reportart the 'Kenai Fire departments activities during the 2910 Subsistence fishery. Over ali the department was busier than in years past with call to the river although the majority of the calls were handled by the on duty crews. Speculation to the increase in calls might be because of more participation during this fishery than in past years. Thane alsd might be a relation` to the storing of the new rescue boat at the city Dock. It would be easy to speculate that seeing the rescue boat there may prompt more trills because they I 'ow it is available. This year was also colder than years past and we had at )east orie tali fc t' hypothermia which I don't recall havirtg in the past Run #0581 -10 was fora vessel in distress. This was for 7 peap €e in a boat that had lost power sn i outd not run. Two people re in the rescue boat to assist: A recall was done with 2 department members responding in to cover staffing, RECALL 2. people. Run #585 -16 was Lora person floating in the mouth ©f the river, A person nod lost their footing. and was freely out in the mouth of the river. On duty units responded to the City Oook It was reported that the person had been rescued `ay -a spassing boat and taken back #p.thnre Person did not need any additional medical attention and kept fishing. No RECAU Run #588 -10 was a fire to a dumpster on the North beach. This fire was in a bear proof oontainer and because of an early detection and alarm, was easily extinguished: There damage to the dumpster: Fire was handled by on duty people ark NO RECALL: 210 Fidalgo Avenue, Kenai, Alaska 996 1 -7794 re €ephone 907 -283 -7535 F Fi 4: 9 37 33•'014 20 -120- Pun#593-10 was for a fisherman that had his boots fill with water and had been swept out into the mouth of the river, Victim was rescued by surrounding fishermen and brought back into shore but was seen by medic,s for potential hypothermia. There was no recalE for this cati was handled my on duty people. NO RECALL Run-f4599-i 0.Calied for a reported man that had fallen in the water near the mouth of the river and was holdingihis chest. This call came in at almost llorri. Medics arrN ed and found only bystanders and no vctim, RECALL 1 person Run#600-10 Called for reported man that had fallen m the river near the mouth arid was swept down the river. His victim was also rescued. bystanders who had called 911. On scene patients vies stable arid refused-transport ,N0 RECALL RunWEDS10 for reporter,' Chest Pain at Kenai River ifdi Bridge access. Or arrivai found a 56 year Female. Chief complaint of Chest pain. Pt was fishing at the river when she began experiencing chest discomfort NO RECALL Run#622-10 Called to the City dock area for a man that was stuck in the rrtud. He somehow self extricated himsett.pnor to units arrival, No victim found, NO RECALL Run# 642-10 Called Kenai t:)oat dock to respond the boat for an agency assist for the search of abody that was reportedly spotted in the river just upstream from the city dock. The search found nothing. NO RECALL Run#649-10 Called for an overturned boat Bystanders had rernc.ved the victims from the water and had transported them 'CO the City Dock. Patierrts were treated for hypothermia, NO RECALL. costs related to Dipnel Activity: Annual Fire Department Budget: S2,112.075 Number of calls annually: 1,599 $1,321 per call x dipnet-related calls $13,210.attribiuted to 2010:Dipnet. Having a (capable rescue boatin the inventory this year was a welcome addition. Having it available and stored at the river waethe key element of quick response. Unfortunately the °oat took quite a bit of abuse being moored at the City Dock. 'Waves and wind battered the vessel even while being lasheditight to the dodc, The boat/was constantly full of water when the crews went to .check on it and bailing out the boat was a daily chore, Dip net fishermen used it for a step stool and who knows what else when we were not around, A safe, protected, easily accessible mooring area should be developed for this boat. I am not certain of the answer but would entertain ideas, The boat clifineed some repairs prior to being placed into service with mostly air leaks 'being the problem. We are sfill'finalizing some of those repairs. We had put together a wish list for repairs and additions to the boat prior placing it into 'service but funds were not availabie, The following is a list of items we feel we need to rnake-the boat safer, make operatioh from within the boat-safer and rescue operations more prectcal, Raised arch far the rear This was on the boat originally and was removed prior to sale for some reason, This is a mourning point for lights, pa speakers, antennas' or whatever else is needed. •21 -121- A &deb/a. warnrng device: Some sort of siren or PA system so vessels in the river will give way Also the public announcement system would allow us to address other people or vessels that do not have radio communications and direct their actions. Visuafwarnino device: Small beacon Or strobe light to indicate emergency boat. Marine VHF radio min antenna: this is used for taking with boats that may be compromised but still able lc talk on the radio. A!so we would have commun with any enast Guard vessels tri the area, Compass: This would be used for operating in dense tog and finding your way home. Hand held GP& this would again be for operating in tow visual conditions and navigations, Pre extinguisher per Coast Guard regulations. Life 4hg or throw device: used for floating' victims or self •rescue, oar„ Boat cavils With 1 car- Anchor with Chain and rope. New set of hoiSting straps for lifting the boat with the City Dock hoist. Hand held search light. VVorXing at night it is impoSsible without one. Rescue knives: rescue knives stored with the boat and are for cutting ropes, heavy lines or debris: that may entangle e trapped person, New lines' far the bow and stern: present lines are worn and too short. Binoculars: these are for long distance visualization of victims laD vests for responders both KPD and. KFD We do not have exact quotes for eveiy item on this list but an estimate would be around $5,000.00, 22 -122- to: ,Rick Koch, City Manager Nom: Tarry Thi,bank, Ftinance Director Date October 8, 2010 Subject; 2010 Dirac!. Surcmarty $500,000 $400,000 $300040 $200,000 $100,000 1/iliage with a Past, .Ciy with a Festisre FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenal, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 FAX: 907-283-3014 Revenue and Particinants The 2010 dime+, season concluded with total revenue of $287}35, a t2.581/4 increase cc, er the 2009 setson The 2010 seasoni,i user fees' remained unchanged from the prior year NI the City's North and South Beach but 'increased by 25°4 fium Sa 5 to 5:20 !kr daily launch and park, a the City dock, The following is a breakdown of virtue by location froinitt, '200:3 season through this season, Ma ns. 2005 M5„, 200 2008 7$9, goto south Beath tt.,136 s ittiteE td,c78 t 24,153 50418 S h t520 54,2 6F4325 North Beth 52,535 757720 77,5 45;222 82115 54414 t23,as1 127,632 city pact 43,654 51,70 52017 41,11S 87,512 65,1S1 70,5E3 91,122 Grant RtNehath 41150 16510 To-IN S in* c t 152“255, 5 =kg 5 27iS snug matz s-gamg Dipnet Revenue 2003 2004 2005 2.006 2007 2008 2009 2040 13 -123- sSauth 8tach allotth Beach atetty De& *Grail RS:NEWS Wrote! f„? 2010 Finance: •Departmerit itirtet :Summers 'Feist revenue increased in '2010 as a result of an increase in participants at both the. Cily north and south beaches: Participant numbers:decrease al the City's clock but: revemetretthe deck: inereaseci due tO an:41arease: in:l'ets, The telloveleg senresents:aetestimaie onthe-reneber el participants by yew Tia5 i5 a Vert simple esti:nee 'and does not represent attest particisam snots, gm MA WI South Beach 1494 045 4408 Noit Cutoett 5,29 7572 7,737 City D*Ck '2,510 _1494 3 40s Tote gya 2,949 14.45,1 20,000 15,000 10.000 5.000 sc gm ang sons 2;416 5;042 4,197 4,267 4,559 4022 95,h 5d32 8626 8,562 a 74 4..' 6675 4,6% UM: .17-7.25: alai. 111011 Dipoot Partict pants isBetith Beaen lief-Birth Beach means Deck I tact& 200a 2004 2005 2006 2007 2008 2009 2010 Conclusion: Overall the 520I0 dipnet:thation wee a:surcease:from tbn'FinstheeDenaitniehifs notspeetive, '.11t&sofety Of 0711 entsiiityees continues w be nor strongest focus with reducing the =mg of cash present at fee stanons inn member one:ptiotity, 24 -124- REVENUE NORTH SIDE PARKING SOUTH SIDE PARKING CiTY DOCK FEES GRPNT REVENUE TOTAL INCOME EXPENDMiRES FINANCE 2.652.53 PUBLIC SAFETh' 38.79217 PARKS a. RECREATION U.7 025.C.40 ClThr DOCK 20.296.0U PUBLIC WORKS 32,045 72 340.541,42 TOTAL EXPENDITURES REVENUES OVER EXPENDITURES $450,000 $400,000 S350,000 $300,000 $250,000 T U00,000 $150,C)00' $100,00D $50,000 s_ 2010 DIPNET REVENUE EXPENDITURE SUM ARY $127,533.00 $8380.3O 91 lia) 156 92000 1 2010 D P ET REVENUE vs EXPENDITURES TOTAL INCOME va TOTAL EXPENDITURES 25 -125- REVENUE NORTH SOF PARKLNG. SOUTH SIDE PARKING Cat:DOCK FEES GRASJRE.VENUE: TOTAL ThICOME $15S,920 35.35% $500,000 $400,000 $300,000 $200,000 $100,000 201 $91.122 20,53% DIPNET REVENUE SU Y S127,53390 •8.38000 91,12200 1 %%920.00 443.955.00 2010 DIPNET REVENUE 28.73% 15;40% 20..t33% 96,35% Dipnet Revenue 2003 2004 2005 2 6 2007 2008 2009 2010 26 -126- $127,533 28.73% 80 -15.40 NORTH SIDE PARKNG Et SOUTH SCE RARKtNG DCITY DOCK FEES it GRANT REVENUE I !South Beach ONorth Beach I City Dock GrantRevenue I soTotOf I EXPENDITURE-5 FINANCE STAFF TIME nio DI ET EXPENDITURE SUMM QUANT&TX UNIT COST TOTAL 57.00 HOURS 39,59 2,652-53 •2.653 DAILY CASH RECE PT RECONCUATIONS 70740 FINANCE PUBLIC SAFETY STAFF TIME. FIRE 'EMS RESPONSES POLICE OFFICER REGULAR TIME PO: ICE OFFICER OVERTIME KENAI DISPATCH REGULAR TIME SEASONAL. ER4PLOYMENT OFFICERS RE 2,1,1LAP TIME SEASONAL EMPLOYMENT OFFICERS OVERTIME TOTAL PUBLIC SAFETY STAFF TIME EQUIPMENT PiCK-UP I EXPEDITION RENTAL 100 MONTh 1,550100 3,180 00 ATV: 1,00 ma 1000 DO 1.43720 TOTAL PUBLIC SAFETY EQUIPMENT 4,617.30 DIRECT EXPENDITURES FUEL too ACTUAL 1.7S080 TOTAL PUBL t SAFETY DIRECT EXPENDITURES TOTAL PUBLIC SAFETY PARKS AND RECREATION STAFF TIME 11-86 i E NOE 'iNSTALLATION SOUTH EACH 21,00 HOURS '''..7.18474„; V SHACK ATTENDANTS t '1C1,00 HOURS 13,28 BEACH AIDES 94:00 HOURS 1126 1.11500 BE_ACH.CLEAN-UP 23520 HOURS MISCELANEDUS SETUP SUP 0e PORT 18, HOURS 3 .;1 2 7 8 4g 0 DE PA R T MENT ADMINISTRATIVE SUPPORT 200.00 HOURS 112 TOTAL PARKS AND RECREATION. STAFF TIME '4,790.00 35,2 7,048 00 27,737.00 EQUIPMENT 1,140,00 PICK-UP 1. TON 3.00 WEEKS 550.0 PICK-UP li2 TON 3,00 WEEKS 550.00 1.650.00 PORTABLE TOILETS 1.00 ACTUAL 24 670.00 24, 00 5.,:390i10 TOTAL PARKS AND RECREATION EQUIPMENT DIRECT EXPENDITURES 'I 00 ACT -UAL 20285 00 DUMPSTE-RS 20285 00 CONTRACTED BEACH CLEAN-UP 1 ..00 ACTUAL 7 500.00 RECEIPT BOOKS, FEE ENVELOF'ES. BROCHURES 1.00 ACTUAL 7,500.00 ,000 00 ':,9.5.1.00 t..00 ACTUAL 1.951.00 MISCELLANEOUS 1 ,000 00 FUEL 000 ACTUAL 5 00 3,572 00 TOTAL PARKS AND .RECREATION DIRECT EXPEN 687500 CAPITAL IMPROVEMENTS SOUTH BEACH PERMANENT FENUNG 1.40 ACTUAL 62,02800 82.028.00 NORTH BEACH PERMANENT FENCING 1.00 ACTUAL 19,32200 1929200 NORTH BEACH BATHROOMS. MEEK'S TRAIL IMPROVEMENTS MEEKt BRIDGE DESIGN 1100 ACTUAL 16,506.;30 16;500.00 11 MEEKS TRAIL IMPROVEMENTS ,00 ACTUAL 2 70000 21,700 00 NORTH BEACH DUNE'S ELEVATED WALKWAYS 11)0 HOURS 37300,00 37,300.00 TOTAL PARKS AND RECREATION DUNE FENCING: 156.$20.03 mut PAktcs AND REciasanoN 247.02$00 27 -127- 10,00 CALLS 1$21.00 13.210,00 16520 •HOURS 57044 9,50557 1i30 -HOURS: 6E06 92(184 51 HOURS. 39432 21)00.00 301 !(OURS 16.69 5,030.66 68.10 HOURS 25.04 1,706.40 32.444.07 1730.60 0730.80 $$792,17 PUBLIC WORKS STAFF TIME REBUILD NORTH SOUTH BEACH •ACCESS DIPNET SHACK AND BARRICADE PLACEMENT FARKING AND ROAD GRADIMO DIPNET SHACK AND BARRICADE RETRIEVAL INSTALLATION REMOVAL 0 TEMPORARY SIGNAGE GENERAL ADMINISTRATION TiME 2010 DIPt4ET EXPEND RE SUMMARY CITY DOCK STAFF TIME SfriACK ATTENDANTS 386 pa Hc 145.46 t: 393. cre DOCK STAFF TIkiE 258,50 HOURS 4046 T0.375.90 TRAFFIC CONTROL 20:oo. HOURS 43,00 850.00 TOTAL CITY DOOCSTAFFIIME 17 5 ,63i 00 WRECT EXPENDITURES PORTABLE TOILETS I:0U ACTUAL 1„775.00 1,775.00 DUMPSTERS 1;00 ACTUAL 5001)0 500.610 MISCELLANEOUS ltd ACTUAL. :190 00.. 390.00 TOTAL PARKS-7gb:P.KOREATION DR EXPEN, 2,65.5fT0 TOTAL OTY'DOCK 20,29e.o0 QUANTITY. UNIT COST TGEAI 4253a. 42 4 44:80 HOURS i19 L891.12 4000 HOURS 42,98 6 157.60 to) a o HOURS 40.00 HOURS ,719.20 217000 .HOURS HOURS 4228 859.60 3.00 HOURS S4.12 10236 TOTAL PUBLIC WORKS STAFF TIME 267,00 11,449,08 EQUIPMENT FiCK-UP 4,00 HOURS 34 .00 1 BACKHOE 4,00 HOURS 47 50 190.00 0E6 LOADER 20c0 HOURS 96.00 1,920 .00 FLATBED TRUCK AND-TRAIL 2000 HOURS 48,00 960.00 GRADER 361)0 HOURS 12000 421700 DUMB TRUCK. 21:00 HOURS 80100 1281700 VACTOR TRUCK 4.00 HOURS SOW worn SANDER TRUCK 6.0.17 HOURS 35100 280,00 TOTAL PUBLIC WORKS EQUIPMENT 10,102.00 DiRECT EXPENDITURES GRAVEL 168 YARDS 8.50 0»228,00 PAMPHLET PRINTING 500 EACH 1.00 500.00 SIGNAGE 80 ACTUAL 35880C 4,500.00 CALCIUM CHLORIDE 1 ACTUAL 787,00 787,00 FUEL 38 GALLONS 3.t1 3.279 64 TOTAL PUBLIC WORKS DIRECT EXPENDITUFES 10 X94 64 TO I AL PUBLIC WORKS 5 32.045,72 TOTAL EXPENDITOFIES t 340401.42 PUBLIC: WORKS, $32,045.72 10,38% CITY DOCK, $9,9i61)0 21 -128- FINANCE, $2,652.53 0,86% PUBLIC SAFETY $23 1 er 7A9% PARKS AND _RECREATION. 28 S240,981410 78 G.6% Event advertising Event information package Event signage for sponsors 'Ale de eta of Alaska's Did, as ffi Mi Kenai Peninsula Economic Development District and Kenai Peninsula Chapter of The Alliance 2ND ANNUAL INDUSTRIAL OUTLOOK FORUM Listed below are sponsorship opportunities. Event Sponsors 4 each $2,500.00 each Thank you for considering ou.r request. "2011 and Beyond" Kenai Peninsula. Economic Development District and the Kenai Peninsula Chapter of The Alliance invite you to support our upcoming Industry Outlook Forum to he held. on Thursday, January 13th and Friday, January, 14th, 2011. $1 Continental Breakfast Thursday $1,000.00 Morning' Networking Break Thursday 500.00 Lunch Thursday $1,500.00 Afternoon Networking Break Thursday 500.00 Dinner Thursday $7,500.00 Continental Breakfast Friday $1,000.00 Morning Networking Break Friday 500.00 Lunch Friday $1,500,00 Afternoon Networking Break Friday 500,00 $1,000.00 $1,000.00 $1,000.00 Checks and credit card payments are accepted. Make checks payable to Kenai Peninsula Chapter of The Alliance. Co- sponsorships are welcome. John Torgerson Robert Favretto Executive Director President Kenai Peninsula Economic Development District Kenai Peninsula Chapter of The Alliance 283 -3335 ext 1 283 -3335 ex 3 jtorgerson@kpedd.org kenaiboh @gmail.com -129- AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY October 14, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion 2010 Survey Results ITEM 6: NEW BUSINESS a. Discussion Credit Card Introduction ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. January 13, 2011 (Required Annual Meeting) ITEM 9: QUESTIONS COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of November 3 and 23, and December 1, 2010. b. Updated Membership List ITEM 12: ADJOURNMENT COUNCIL ON AGING DECEMBER 9, 2010 KENAI SENIOR CENTER 4:30 P.M. -130- ITEM 1: CAL Members present: Member absent: Staff /Council Liaison present: COUNCIL ON AGING DECEMBER 9, 2 010 KENAI SENIOR CENTER 4:30 P.M. VICE CHAIR GELLER, PRESIDING MEETING SUMMARY TO ORDER& ROLL CALL Vice Chair Geller called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: J. Hollier, L. Flowers, C. Unger, V. Geller, B. Osborn, L. Nelson, M. Milewski Graham (Aber) Senior Director R. Craig and Council Member Mike Boyle A quorum was present. A moment of silence was given in the memory of Earl Jones. ITEM 2: AGENDA APPROVAL MOTION: Member Flowers MOVED to approve the agenda as presented and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY October 14, 2010 MOTION: Member Milewski MOVED to approve the October 14, 2010 meeting summary and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None. ITEM 5: OLD BUSINESS 5 -a. Discussion 2010 Survey Results Senior Director Craig reviewed the 2010 Survey Results with the membership, no they were overall good results. Member comments included: Suggestion to have meatloaf on Tuesdays or Fridays for clients who prefer meatloaf. Lights in the solarium need to be brighter. The sound system needs improving with the addition of speakers into the solarium. -131- g The cook should use less salt in the food. Suggestion to request Alex Koch to investigate improvements that could be made to the sound system, including placement of speakers in the solarium, ITEM 6: NEW BUSINESS 6 -a. Discussion Credit Card Introduction Craig reported training for the implementation of credit card usage was scheduled for next week and it was expected credit cards would be accepted after the first of the year; Vintage Pointe may not be on line for using credit cards as there would be a rate increase; and, those not using a credit card would receive a discount that would result in the credit card fee not being charged to their rent. ITEM 7: REPORTS 7 -a. Council on Aging Chair Vice Chair Geller reported the Christmas /Bake Sale had taken in approximately $2,000 and would continue through Friday. 7 -b. Director Craig noted the following items: Thanked Marathon Oil for the successful holiday dinner, including home meal clients, four senior centers. There were many holiday activities to participate in. 7 -c. Council Liaison Council Member Boyle noted the library addition would be completed in February and the water study was moving forward to remove color from City water. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. January 13, 2011 (Required Annual Meeting) There were no members reporting they did not intend to attend the meeting. ITEM 9: QUESTIONS COMMENTS General comments were made of the Christmas lights and decorations at Vintage Pointe and the Senior Center. ITEM 10: ITEM 11: 11 -a. 11 -b. PERSONS NOT SCHEDULED TO BE HEARD None, INFORMATION Kenai City Council Action Agendas of November 3 and 23, and December 1, 2010. Updated Membership List -132- COUNCIL ON AGING DECEMBER 9, 2010 PAGE 2 ITEM 12: MOTION: ADJOURNMENT Member Hollier MOVED to adjourn the meeting and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no other business before the Council on Aging, the meeting was adjourned at approximately 5 :15 p.m. Meeting summary submitted by: Carol L. Freas, City Clerk -133- COUNCIL ON AGING DECEMBER 9, 2010 PAGE 3 1. How often do you eat at the senior center? 21 4 or more times per week 23 1— 3 times per week 10 1— 4 Times per month 2 Less than once a month KENAI SENIOR SERVICES CUSTOMER SATISFACTION SURVEY Congregate' Meals FALL 2010 2. Do you use the Senior Center's transportation to attend the senior center? 17 Yes 43 No 3a. Do you attend any of the activities at the center? 40 Yes 1No If yes, what activities do you participate in? Evening Board Games, Stretch, weight resistance train and exercise Blue Grass, Bridge, Health Seminars, Movies, Quilting, Special Lunches, Bingo, Pinochle, Tripoli, Wii Games, Holiday Parties, "I love the library," Line Dancing, Computer Classes, Fundraisers, Pool, Cards 3b. What activities would you like to have offered? Plays, Tai Chi, fly tying, Guitar Lessons, "Single Senior Get together in Support of One Another" Group, book Club, Beadwork, Tango Classes, Ballroom classes, Small woodworking shop for men and women 4, Is the quality of the food you receive: Excellent 28 Very Good 12 Good 9 Fair 3 Poor 1 5. Do you like the variety of the menus? Excellent 28_ Very Good_12 Good Fair_3 Poor 1 5. Are the portions of food adequate? Excellent_28 Very Good_12 Good_6 Fair_0 Poor_2 7. What food would you like to see served? Lobster, Scallops, Casseroles, fish Turkey, Chicken Pot Pie, Moose, Halibut, more .Fruit, more shredded carrots, Chili, soups, less stir -fry, Pasta, Lots of Roast Beef, more Turkey, more BBQ, Meatloaf, Biscuits Gravy, Basic home cooking, plain food, no salt, corn beef, more catfish Everything served here is wonderful. Just like they are. Chicken Fried Steak w /milk gravy 8. Has coming to the center for lunch improved your quality of life? Yes No 9. What is your favorite food /dish served at the Center? Roast Beef, Chicken, Baked Chicken, Chicken Breast, Turkey, Pizza, Meatloaf, Quiche, Soups, Liver Onions, Pickled Beets, Ribs, Spaghetti, Stew, Just about anything, Salad Bar, catfish, chili dog, pork chops, soup /sand., salad All is my favorite. -134- O. What is your least favorite food? Anything Alfredo, liver /onions, chili dog, pastas, entrees with lots of cream, sausage, cream of broccoli, fish, salty foods, sloppy Joes, hot dogs, salt in soup, breakfast for lunch, oriental, spaghetti, food not hot! 11. What foods would you like to have served? Main Course: Roast Beef, Turkey, Port Roast, Seafood, Ham Pineapple, Chicken Vegetables: More Shredded Carrots on salad bar, sweet corn, sweet potatoes, cabbage, stewed tomatoes, cauliflower, 3 -bean salad, onions on salad bar, greens, chard, spinach, sweet potatoes, sweet corn Salads: Any vegetables, fruit, macaroni Salad, greens, 3- Bean Salad, Tomatoes, Coleslaw Desserts: Cream cheese Pineapple, cakes, Fruit, Bread Pudding, Homemade Pies 12. Do you enjoy having entertainment during you meal? 39 Yes 4 No Yes but not too loud 1 13. Do you enjoy playing games during special/ holiday dinners? 29 Yes 15 No 14. Would you like to have more evening meals? Yes 13 No 16 Do you have any suggestions that would improve the senior n utriti on programs? Less Salt Dates on containers for MOW Everything is top notch! Missy does well with the budget Less price Let us take leftovers home Not so salty food /soup Does a great job! Keep fresh veggies coming! Evening classes on Nutrition More fruit More Stir -Fry Evening meals w /activities, games /music Request recipes from others Staff does an excellent job with senior nutrition Less salt, less fat Simple standard diet Plain food Servings too large Well done! Great Job! Keep up the good work More turkey less chicken No Lima Beans No MSG or funny6 additives Think it is very adequate! Would like weekend meals! Sunday brunches open to the public for fundraisers Check temps. On home meals -135- KENAI SENIOR SERIVCES CUSTOMER SATISFACTION SURVEY 2010 Home Delivered Meals 1. How often do you receive home delivered meals? 54_4 or more times per week 8 1 3 times per week 4 times per month Less than once a month 2. How long have you been receiving home delivered meals? 4 0 6 months 6 12 months 52 12 24 months more than 2 years Please check all that you agree with: Senior meals and meals driver... 50 provide healthy foods 54 have a good appearance/look appetizing. 56 taste good. 55 are properly cooked. 50 provide foods that I like. 60 are delivered on time. 57 are delivered at a convenient time. 55 are delivered at the correct temperatures. 52 provide a variety of different foods. 60 provide enough food. 59 improve the quality of my life. 45 make me feel more a part of the community. Please list any suggestions or comments about the menus or the quality of the food: Comments concerning the food were as follows: The foods are wonderful. The good is good. I sure appreciate the food. Sometimes we get the same desserts all the time! Would like desserts that are homemade more rather than store- bought donations. Plenty of food served at each meal. Repetition. Would like more variety. Would like more salads. It is sure good to see my driver very day. When she takes off I really miss her. The purpose of the home delivered program is to prevent unnecessary institutionalization by providing supplemental nutrition and daily monitoring of a frail individual's condition. The Meal Deliverer is to ensure the safe and prompt delivery of meal's to eligible clients and observe changes in client's condition. Do you think that your delivery driver is responsive to your needs? 2 No 60 Yes If no, please list any concerns you have had: When there is a sub, it takes longer to get my food I like my driver, friendly, helpful, thoughtful, and courteous -136- When I am not home, I want her to leave the meal outside Would like more fresh vegetables. I want homemade desserts Too much Salt. Sometimes too spicy. The amount of food is good. Please help us evaluate your delivery driver's 58 Friendly 55 20 Cooperative 40 Neat 10 Efficient 57 Happy Quiet 0 2 Confident Comments: She is always friendly! Every time I see her, she makes my day! I look forward to my meals and the friendly driver. My lifeline. A friendly smile. Always willing to help and visit a little bit! Great Smile and very friendly. Willing to listen to me. Workable, when I don't like my food. Always friendly. Helpful. 0 Judgmenta l 25_Enjoys People Please place the completed survey in the attached envelope. THANK YOU FOR TAKING THE TIME TO FILL OUT THIS SURVEY. The information will be used to improve the program. She won't let me. attitude and abilities. (Check all that apply.) Helpful Social 45 (on time) 0 Rude 0_Uncooperative 0 Disorganized -137- AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3• APPROVAL OF MEETING SUMMARY October 14, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion /Recommendation Float Plane Basin Development Alternatives ITEM 6: NEW BUSINESS a. Discussion FY12 Airport Budget b. Discussion /Recommendation Terminal Side Ramp "Welcome Sign" ITEM 7: REPORT KENAI AIRPORT COMMISSION DECEMBER 9, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. January 13, 2011 ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for November 3, 23 and December 1, 2010. b. Kenai Nilcislci Pipeline, LLC (KNPL) Lease Application (Portion of Tract A, Plat No. 78 -111. c. 11/12/2010 M. Bondurant memorandum of appreciation /Randy Parrish, Shop Foreman. d. Snow Plowing /Sanding Services Contract /Airport Terminal Building, Kenai Flight Service Station and Alaska Fire Training Facility. -138- e. Kathy Chircop, Realtor, d /b /a Reflections Realty Group of Kenai /Assignment and Assumption of Lease Agreement. f. 11/3/2010 Alaskan Region Airport Certification Bulletin g. 10/2010 and 11/2010 Airport Manager Reports 11/30/2010 Memorandum regarding Kenai Municipal Airport Supplemental Planning Assessment/Status of Implementation. ITEM I2: ADJOURNMENT -139- ITEM 1 CALL TO ORDER AND ROLL CALL Chair Knackstedt called the confirmed as follows: Commissioners present: Commissioner absent: Staff /Council Liaison present: ITEM 2: MOTION: MOTION: ITEM 4; ITEM 5: 5 -a. KENAI AIRPORT COMMISSION DECEMBER 9, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING eeting to order at approximately 7:00 p.m. Roll was AGENDA APPROVAL MEETING SUMMARY J. Zirul, J. Bielefeld, 1-1. Knackstedt, L. Porter, G. Feeken, and R. Rogers E. Mayer Airport Manager M. Bondurant and Council Member R. Marquis Commissioner Bielefeld MOVED for approval of the agenda as presented and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY October 14, 2010 Commissioner Zirul MOVED to approve the October 14, 2010 meeting summary as presented and Commissioner Bielefeld SECONDED the motion, There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None. OLD BUSINESS Discussion /Recommendation Float Plane Basin Development Alternatives The Commission reviewed comments made at the October 14, 2010 meeting related to the proposed lease lot development at the Float Plane Basin. Commission comments included: Supported the taxiways running all the way to the North. Supported the layout which kept in mind the need for long lots for t- hangars. -140- Rick Koch, City Manager Stated Administration's recommendation would be forwarded to the Commission for its January meeting. MOTION: Commissioner Bielefeld MOVED to recommend Design 6A and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6 -a. Discussion FY12 Airport Budget Rick Koch, City Manager Discussed the financial status of the airport, including FY 11 and FY12 budgets and the Airport Permanent Fund. 6 -b. Discussion /Recommendation Terminal Side Ramp "Welcome Sign" Airport Manager Bondurant reported requests had been made for a welcome sign to be placed on the airfield side of the terminal building. Suggested sign designs were included in the packet for review. MOTION: Commissioner Bielefeld MOVED to recommend Design *2 as a welcome sign to be placed on the airfield side of the terminal building. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 7• REPORT 7 -a. Commission Chair No report. 7 -b. Airport Manager Airport Manager Bondurant noted the following: The FAA Certification Inspectors would be in Kenai. from January 4 -7, She was working with the Fire chief to finalize the new Airport Emergency Control Plan by December 31, 2010. Reviewed the information items included in the packet. 7 -c. City Council Liaison Council Member Marquis reviewed the November 10, November 23, and December 1, 2010 Council Meeting Action Agendas which were included in the packet and stated he looked forward to working with the Airport Commission and learning more about the airport. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 2011. 8 -a. January 13, 2011 -141- AIRPORT COMMISSION MEETING DECEMBER 9, 2010 PAGE 2 There were no notifications of planned absences for the January 13, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Meeting Action. Agendas for November 3, 23 and December 1, 2010. 11 -b. Kenai Nikiski Pipeline, LLC (KNPL) Lease Application (Portion of Tract A, Plat No. 78-111. 11 -e. 11/12/2010 M. Bondurant memorandum of appreciation Randy Parrish, Shop Foreman. 11 -d. Snow Plowing /Sanding Services Contract /Airport Terminal Building, Kenai Flight Service Station and Alaska Fire Training Facility. 11 -e. Kathy Chircop, Realtor, d /b /a Reflections Realty Group of Kenai /Assignment and Assumption of Lease Agreement. 11 -1. 11/3/2010 Alaskan Region Airport Certification Bulletin 11 -g. 10 /2010 and 11/2010 Airport Manager Reports 114. 11/30/2010 Memorandum regarding Kenai Municipal Airport Supplemental Planning Assessment /Status of Implementation. ITEM 12: MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. Carol L. Freas, City Clerk ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at approximately 9:10 p.m. Minutes prepared and submitted by: -142- AIRPORT COMMISSION MEETING DECEMBER 9, 2010 PAGE 3 AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY November 9, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Library Technology Plan ITEM 6: NEW BUSINESS a. Discussion Library Budget FY12 ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. January 4, 2011 ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS DECEMBER 7, 2010 7:00 P.M. a. Kenai City Council Action Agenda Items from November 3 and 23, 2010 b. 2010 Library Commission Goals and Objectives c. List of 501(0)3 Organizations Within the City of Kenai d. Library Commission Membership List ITEM 12: ADJOURNMENT -143- KENAI LIBRARY COMMISSION KEN AI COUNCIL CHAMBERS DECEMBER 7, 2010 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: a. Director b. City Council Liaison E. Bryson, C. Brenckle, and B. Peters K. Glidden, J. Bookey, S. Harris, and C. Fanning Library Director M. Joiner and Council Member M. Boyle There was no quorum. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY November 9, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Library Technology Plan ITEM 6: NEW BUSINESS a. Discussion Library Budget FY12 ITEM 7: REPORTS ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. January 4, 2011 ITEM 9: COMMISSION COMMENTS /OUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION -144- a. Kenai City Council Action Agenda Items from November 3 and 23, 2010 b. 2010 Library Commission Goals and Objectives c. List of 501(c)3 Organizations Within the City of Kenai d. Library Commission Membership List ITEM 12: ADJOURNMENT Due to the lack of a quorum, the meeting was adjourned at approximately 7:06 p.m. Summary prepared by: Carol L. Freas, City Clerk. -145- LIBRARY COMMISSION MEETING DECEMBER 7, 2010 PAGE 2 KENAI PARKS RECREATION COMMISSION DECEMBER 2, 2010 CITY HALL COUNCIL CHAMBERS 7 :00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING- SUMMARY a. October 7, 2010 Regular Meeting b. November 4, 2010 Special Meeting ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5• OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion Indoor Turf Facility ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. February 3, 2011 ITEM 9• COMMISSION QUESTIONS COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. City Council Action Agenda Items from November 3 and 23, 2010. b. Parks and Recreation Capital Improvements Program ITEM 12: ADJOURNMENT -146- Commissioners present: Commissioners absent: Staff /Council Liaison present: MOTION: KENAI PARKS RECREATION COMMISSION DECEMBER 2, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SANDAHL, PRESIDING A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Sandahl called the meeting to order at approximately 7:05 p.rn. Roll was confirmed as follows: A. Hull, D. Sandahl, K. McDonald, B. Gilman G. Oliver, F. Kiefer, and J Beeson Parks Recreation Director B. Frates, Council Member B. Gabriel Commissioner McDonald MOVED to approve the agenda as presented and Commissioner Gilman SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3 -a. October 7; 2070 Regular Meeting 3 -b. November 4, 2010 Special Meeting Commissioner Hull MOVED to approve the meeting summary of October 7 with the addition of a note that Commissioners Hull and Sandahl would not be able to attend a special meeting on November 4 and to approve the meeting summary of November 4, 2010. Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. *Review of the record by the City Clerk indicated there had been no discussion related to scheduling a special November meeting at the October meeting. ITEM 4: PERSONS SCHEDULED TO BE HEARD None. ITEM 5: OLD BUSINESS None. ITEM 6: NEW BUSINESS -147- 6 -a. Discussion Indoor Turf Facility Commission reviewed material included in the packet, i.e. Central Peninsula Multi -Use Facility Feasibility Study conducted in 2009 and a Kenai Sports Facility cost projection. It was noted, a Kenai Facility would be significantly smaller than the one proposed earlier by the Central Peninsula Multi -Use Facility Ad -Hoc Committee. The cost for a building 140 x 220 was estimated at $5.11 Million. Rick Koch, City Manager Reported a similar building was adjacent to the Subway Center in Anchorage; discussed estimated utility costs and operation /maintenance costs for such a facility; and, noted grants were sometimes available but further research would need to be done as to types and opportunities. Additional comments included: Director Frates would contact the Subway Center for infoiivation and would report back to the Commission. A project such as this would be a quality of life enhancement and a benefit to the schools and youth of the area, ITEM 7: REPORTS 7 -a. Commission Chair No report. 7 -b. Director Frates updated the Commission on the dune walkway project; gate along Boat Launch Road and birding activities; the Recreation Center gym floor; Daubenspeck Park Pond; and, miscellaneous activities. 7 -c. City Council Liaison Council Member Gabriel reported he received favorable comments regarding the new thy floor and lighting improvements at the Recreation Center and noted recent Council matters, including the Gas Storage Facility, Vintage Pointe settlement and appropriation• of money for cataloging and inventorying items housed at the Kenai Visitors Center. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. February 3, 2011 There were no Commissioners noting they would be absent from the regular February 3, 2011 meeting. Frates noted there would be a need for a special meeting to be held on January 6, 2011 at 7:00 p.m. to finalize the Commission's capital improvement project list. There were no Commissioners stating they would be unable to attend the special meeting. ITEM 9: COMMISSION QUESTIONS COMMENTS None. ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. PARKS RECREATION COMMISSION MEETING DECEMBER 2, 2010 PAGE 2 of 3 -148- ITEM 11: 11 -a. 11 -b. ITEM 12: MOTION: Carol L. Freas, City Clerk LNFORMATION Kenai City Council Action Agendas of November 3 and 23, 2010. Parks and Recreation Capital Improvements Program ADJOURNMENT Commissioner Gilman MOVED to adjourn the meeting and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. There being no further business to come before the Commission, the meeting was adjourned at 8:20 p.m. Summary prepared by: PARKS RECREATION COMMISSION MEETING DECEMBER 2, 2010 PAGE 3 of 3 -149- CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 8, 2010 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Y Commissioner Navarre `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. *November 10, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7, NEW BUSINESS: a. Capital Projects Priority Lists Discussion /Recommendations 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: January 12, 2011 -150- Agenda Page 2 December 8, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: -151- o Navarre Absent t Twait Yes i Bryson. Yes ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners Present: Commissioner Absent: Staff /Council Liaison Present: A quorum was present. 1 -b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Brooks SECONDED the motion, VOTE: MOTION PASSED UNANIMOUSLY. CITY OF KENAI PLANNING ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 8, 2010 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES K. Rogers, J. Brookman, K. Kowester, S. Romain, J. Twait and P. Bryson T. Navarre (excused) M. Kebschull, City Planner and Council Member T. Bookey 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda as presented and Commissioner Brookman SECONDED the motion. VOTE: -152- Ro,ers Yes Brookman Yes Koester Yes Roman Yes Navarre Absent Twait Yes Bryson i Yes i MOTION PASSED UNANIMOUSLY. 1 -d. *Excused Absences *Commissioner Navarre *All items listed with an asterisk (k) are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, ITEM 2: *APPROVAL OF MINUTES *November 10, 2010 Approved by approval of consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None. ITEM 4: CONSIDERATION OF PLATS None. ITEM 5: PUBLIC HEARINGS None ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendations Capital Projects Priority Lists City Planner Kebschull reviewed the info „cation Capital Projects Priority lists which were included in the packet and noted the lists were submitted by the Harbor and Parks Recreation Commissions and the Beautification Committee. Discussion followed with questions /comments related to the following: Grant funding to assist in covering the cost of those projects moved forward. City campground development a study may be undertaken to identify a Indoor turf facility information is being collected from other areas with regard to design, construction /maintenance costs, etc. Placement of columbarium at the cemetery. Bluff erosion project was on a City's priority list. The lists before the commission were specific to the Harbor and Parks Recreation Commissions and the Beautification Committee. site. PLANNING ZONING COMMISSION MEETING DECEMBER 8, 2010 PAGE 2 -153- Though the Commission made no reconunendations to change or add to the lists, they were encouraged to contact Parks Recreation Director prior to January 6 if they had any additional comments. ITEM 8: PENDING ITEMS None. ITEM 9 REPORTS 9 -a. City Council Council Member Bookey reviewed the action agenda of the December 1, 2010 Council meeting and noted the following: The kennel ordinance had been postponed to the December 15 Council meeting for an additional public hearing and to allow Administration to respond to some submitted questions. Council would convene as the Board of Adjustment on Monday, December 13 with regard to an appeal filed in response to the Commission's approval of PZ10 -41 and PZ10 -42 (conditional use permits). Council scheduled a work session for January 24 at 6:00 p.m. The topic would be Open Meetings Act and encouraged all commission and committees to attend. He added, all commissions and committees would be notified individually. 9 -b. Borough Planning Commissioner Bryson referred to the November and December meeting agendas which were included in the packet. 9 -c. Administration Kebschull noted the following: There had not been a lot of permit application activity. The December 22 Commission meeting had been cancelled. Encouraged all to attend the January 24 work session related to Open Meetings Act and added, she planned to attend as well Wished all happy holidays. Proposals for preparation of the City's Comprehensive Plan would be due on December 14. It was hoped a contract would be negotiated and work would begin soon after the first of the year. ITEM 10: PERSONS PRESENT NOT SCHEDULED None. ITEM 11: INFORMATION ITEMS None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION January 12, 2011 Commissioner Twait requested to be excused. ITEM 13: COMMISSION COMMENTS QUESTIONS PLANNING ZONING COMMISSION MEETING DECEMBER 8, 2010 PAGE 3 -154- Koester Wished all happy holidays. Brockman Wished all happy holidays. ITEM 14: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Rogers SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business to come before the Council, the meeting was adjourned at approximately 7:22 p.m. Minutes prepared and submitted by: Carol L. Freas, City Clerk PLANNING ZONING COMMISSION MEETING DECEMBER 8, 2010 PAGE 4 -155- Airport Manager's Report For December 2010 Mu Airport Projects: Apron Rehabilitation: Project is shut down for winter. Float Plane Basin Facility Improvement Project: The Phase 1 Design process is continuing. Master Plan City Administration is rescheduling a meeting with the FAA to develop a work scope for this plan. Winter Snow Removal Operations The airport continues to receive appreciation comments from airport users about the crew's efforts with snow removal operations to ensure safe operations. Airport Administrative Assistant Position Vacancy Airport Administration is interviewing the week of December 6'" and hopes to fill the position this month. New Airport Emergency Control Plan The Airport Manager and Fire Chief are editing the final AECP to submit to the FAA by the December 31, 2010 deadline. Annual FAA Certification Inspection Two FAA certification inspectors will be on airport January 4 7, 2011, conducting the annual inspection. They will meet with airport and fire department staff. the Ken cWAtvport Staff wouid' like to- w everyo,wa and/ happy Chrttm a.v }Joln:day! -157- heuy KEN I, ALASKA FIRE DEPARTMENT MID -MONTH REPORT -158- November 2010 Presently the focus of all three crews has been to bring the new employees up to speed with daily operations and emergency operations as quickly as possible. All of the new members have been familiarizing themselves with the local area and getting time driving the ambulances. This is the first vital step to filling an important role within the department December rand 9' all department members were attending their re- certification class for Advanced Cardiac Life Support and Pediatric Advanced Life Support. This is an intense two days of training and practical exercise. Last month Chief Tilly, BC Prior and FM Wilcox attended the Incident Command level 300 and 400 classes held at the Bough Office of Emergency Management. This was s combined 5 day course that dealt with high 1evet and complex incident command structures and their operations. Additionally, training was provided by the department to a member of the legal department in the area of HIPPA and the processes that the fire departments follows while dealing with protected health information. Chief Tilly attended a training sessions and a table top drill with Marathon Gas Corporation. The table top drill simulated a large scale pipeline failure in downtown Kenai. it was a great opportunity to work with local industry and combine emergency resources to mitigate this problem. Call volumes for the department on track from years past. There has been a recent increase of car accidents due to winter road conditions but no major fires recently and we are hoping everyone has a safe Holiday season. To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 9, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT December 2010 The past month has been a busy one with much of the department's focus on the preparation of the FY2012 Budget. Information for budget preparation will be distributed to City Departments by December 23s The Council will receive its first draft of the FY2012 budget with its April 7 packet. There is much work to be done by all City departments over the next couple of months. Implementation of the credit card acceptance policy is in full swing with terminal installation and training this month. The City will begin accepting credit cards in January for all fees and charges outlined in the policy except those requiring a rate increase. Finance has also been working with the City attorney to draft a proposed code amendment that will allow for investment of the General Land Sale Permanent Fund in the same manner the Airport Land Sale Permanent Fund is invested. the ci yof KENAI. ALASKA November Circulation Figures Adult Fiction Adult Non Fiction Periodicals Juvenile Fiction Juvenile Non Fiction Easy Fiction Easy Non Fiction Interlibrary Loan Total Print 5,703 Total Non -Print 4,048 Total. Circulation Adult Programs 2 Persons 2 Volunteers 5 H ours 30 KENAI COMMUNITY LIBRARY MID -MONTH DECEMBER 2010 1,802 Internet Access 1,210 1,405 Music 109 69 Pliryles 604 Videos 296 240 DVDs 2,214 1,135 Audio books 131 395 Miscellaneous 75 53 Computer Programs 13 9,751 Library Door Count 6,399 Income Fines 940.79 Xerox 29.50 Lost/Damaged 85.32 Test Proctoring Fee Printing 237. Total income 11/10 1,292.61 Children's Family Programs.... 18 Attendees 335 in -House circulation Downloadable Audio Downloadable E13ooks -160- Library Cards Issued Total 0 93 257 21 The library will be closed on Friday, December 24, Saturday, December 25 and Sunday December 26 for the Christmas holiday and on Friday, Saturday and Sunday December 31- Jan 2 for New Years'. Internet Only Anchor Point Clam Gulch Kasilof Kenai Nikiski Soldotna Sterling Non Resident Organization Other November 2010 The library will hold a holiday open house on Friday, December 17 from 10 -4. Please stop by for cookies! The on again off again Broadband Technology Opportunity Program (BTOP) is proceeding with a Launch meeting in Anchorage for OWL (Online with Libraries) on. December 15 and 16. Every director of a public library in the state will be at the meeting. Did you know that our "Tween" Book Club has been going long enough and has had enough interest to now be extended in to a Junior High Boolc Club? Mary White now leads two discussion groups with books appropriate to those age groups. Mary has been very busy. She has continued most of the children's programs and even worked this month with the Cub Scouts and Head Start. 7 1 3 52 9 19 2 2 12 108 the ctyaf KENAI. ALASKA POLICE DEPARTMENT MID -MONTH REPORT November 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 12/8/10 SUBJECT: Police &Communications Department Activity November 2010 Police handled 560 calls for service (up from 541 in November 2009). The Communications Center received 232 emergency 9 -1 -1 calls (141 from cell phones). Officers made 46 arrests and wrote 246 reports. Traffic enforcement resulted in 87 wamings, 13 speeding tickets, 16 seatbelt tickets, 1 citation for equipment violations, and 33 citations for "other' traffic violations. There were 4 DUI arrests (1 felony), Police investigated 23 vehicle crashes (3 injury crashes). On 11/2/10, a 14 year -old girl was killed in a crash at mile 7.8 of the Spur Highway. This was the second fatal crash occurring in the City of Kenai for 2010. Six of the total crashes involved moose. Only one of the 23 crashes involved an intoxicated driver. On Nov. 2 Officer Jordan Chilson started work as a police officer. Jordan has been a seasonal enforcement officer (SEO) for the last three years at KPD. He will be in field training until he attends the DPS training academy in February. On Nov. 8'", Officer Levi Russell attended a taser instructor school in Juneau. On Nov. 11"', Officer Morgan Tuttle graduated from the Department of Public Safety Academy in Sitka. Chief Sandahl attended the graduation ceremony. Morgan is now in her first phase of field training. On Nov. 12 Dispatchers Nusbaum, Wiles, Beckman, Day and Thompson attended a seminar on the dispatcher's role in officer safety, presented by Sgt, Hall of the Alaska State Troopers. On Nov, 15 Dispatchers Nusbaum and Beckman attended a course called "Managing Emotions Under Pressure" in Anchorage. On Nov. 15 Officers Douthit and Cushman attended a Child Maltreatment Conference in Anchorage. On Nov, 26', nine officers provided traffic control for the annual Christmas Comes to Kenai parade and fireworks show. On Nov. 29'", Lt. Ross attended an Internal Affairs training course in Las Vegas, NV. -161- the city a f KE AL ALASKA STRAY Dogs Cats Other Species RELEASED BY OWNER 49 Dogs 25 Cats 24 Other Species 0 D.O.A. D ogs Cats Other Species TOTAL ANIMALS 111 Borough Animals Total Dogs Total Cats Total Other Species 2010 2009 ANIMAL CONTROL MID -MONTH REPORT 54 60 ADOPTED November 2010 29 26 Dogs 22 34 Cats 3 0 Other Species 42 CL AIMED 24 Dogs 18 Cats 0 Other Species 8 5 EUTHANIZED Dogs 1 1 Cats 0 0 Other Species 107 Other Disposition 2010 2009 54 58 26 38 25 20 3 0 15 8 15 8 0 0 0 0 32 46 12 14 20 32 0 0 2 1 53 21 Field Investigations 85 37 61 54 Volunteer hours 61.5 71 47 53 Total phone 456 611 3 0 Kennel Permits 0 0 Community Involvement Projects: 11/20/2010 Christi met with the Peninsula Dog Obedience Group, the Alaska Extended Life Animal Sanctuary and other animal owners to discuss Kenai Peninsula Borough disaster management and how it affects domestic animals. —162— the c&tyof KEN \ui SKA -163- CAPITAL PROJECT MANAGER MID -MONTH REPORT DECEMBER 2010 The status of the projects is as follows: Kenai Community Library Expansion Project —Construction is progressing on schedule with the boiler startup complete. Work on exterior siding and flashing is continuing and work on interior finishes is also underway. Lawton Drive Water Extension Project —Final punch have been completed and closeout documentation is under way. Water Treatment Facility (Arsenic Ground Water Study) —The design of the facility was awarded to HDL, the preliminary engineering report is complete and the Design Development phase is under way. Multi Use Facility Lighting Upgrade —The project followed the construction schedule; the new lighting is operational, replacement of the emergency Iighting is awaiting delivery. Water and Sewer Rate Study Update —The Notice to Proceed was issued on. March 15, 2010. Documents requested have been provided to the consultant for analysis. A draft report has been received by administration and report will be ready for council presentation in January. Togiak to Beaver Loop Water Extension Project —This is the continuing extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal Assistance Grant (STAG), with the design drawing necessary for the NEPA process completed and under review the initial 30 day comment period on seeping started August comments were received and the NEPA Cat X process was delayed to address the comments, the permit process is now under way and once the permits are approved they will be submitted for approval to complete the NEPA process the Work Plan then can be submitted to the EPA Project Officer. Once the Work Plan is approved the project will be put out to bid. Personal Use Fisheries Capital Project— Funded by approval of Ordinance 2481 -2010 an May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The additional restrooms plans and wavers have been submitted. to ADEC and permit should be issued by September 2e. The restroom portion of the project was bid with. the Daubenspeck Family Park restroom and is scheduled for council award, with construction completion scheduled for summer use. The replacement bridge for the trail is on site with installation scheduled for late this year or early next. Vintage Pointe Water Damage Project Notice to proceed was issued on August 26' Construction is under way with the third floor apartments complete, work is underway in apartment 102. City Facility Wind Generation Study ,Preliminary data gathering is complete with site specific analysis and additional data gathering underway. Draft report has been received and returned with council presentation of the report on December 15` Baron Park Drive (Kenai: Various Road Improvements)— NTP is expected in early October. Draft SWPPP was submitted to DOT and returned with comments; clearing is scheduled to begin in late winter. Main Street Reconstruction Boring occurred in Mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. Central Heights Roadway Lighting Storm Water Improvements Boring began on October 12"' concurrent with Main Street Reconstruction Boring. Marathon Park Phase 1 (Daubenspeck Family Park) Surveying and design are underway, electrical service installation is complete, the restroom has been bid and is scheduled for council award. Kenai Recreation Center Gym Floor Replacement —The gym floor is complete with no "dead spots and the south hoop has been modified to regulation distances. thec vv, KENALALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: December 9, 2010 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT DECEMBER 2010 REPORT Public Works Operations: Streets has been removing piled snow and clearing sidewalks and the equipment has been readied for next snow removal operation. The Shop Department has installed the new snow gate on the ST42 grader. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010 Alaska Road Builders is the general contractor Wince Corthell provides Construction Management. The project is winding down for the winter. The ARRA portion of the project is complete. All paving is complete. Some apron painting is being completed as weather permits. The complete painting of runway 1L-19R and other markings will be done during spring 2011. Final project completion is June 15, 2011. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince- Corthell- Bryson for this project. Kenai Municipal Airport Float Plane Basin Development Phase 1. Project will realign 4 Ave. Access Road into the Float Plane Basin parking area and the City water tank, constructing additional 2,800 linear feet paved taxiways "5" and "T", grading for drainage approximately 350,000 square feet of lease lot area, security fencing gates, painting taxiway marking, taxiway lights and signage providing for installation of natural gas electrical power utilities. Provisions for future installation of water, sewer telecommunications utilities are also to be provided. The Contract Agreement for Professional Services with Wince Corthell- Bryson is complete. Preliminary site examination is underway. Fourth Avenue Culvert Replacement Project was funded by a grant to the Kenai Watershed Forum to replace a failing culvert on Fourth Avenue. This failed culvert inhibited the passage of fish, The design and construction management was provided by Nelson Engineering. The City funded Additive Alternate One extended a 10" water main down Spruce Street and replaced an existing 2 1 service line that services two apartment buildings. Change Order One moved the tie -in about 75' east along Fourth Avenue. This planned tie in point was 17' below grade. The new location will be 11' which will facilitate future water main maintenance or repair work. Foster Construction was the contractor. Project is complete. Funds are being held by the Watershed Forum to ensure the late hydro- seeding is effective in spring 2011. Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances Kenai Welding supplied fabricated (from design documents) the necessary materials to elevate the two existing walkway gratings on the North Dune. The City has installed the gratings and walkways to their design elevation. Only minor punch list items are remaining. Small Projects: Recreation Center: Three roof areas which have had leaks have been repaired and did not leak during the November thaw. A project is underway to replace the teen center carpeting and repair the cabinets in the kitchen. Public Safety Building and City Hall: Preferred Plumbing has flushed out the heating system piping there has made a clear improvement in operation. -164- thec4 'af KENAIAL ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: December 7, 2010 Total November Meal Count 2010 Served: Total Congregate Meals Served: 1,088 Total Home Meals Served: 1,740 Total November Meal Count 2009 Served: Total Congregate Meals Served: 1,019 Total Home Meals Served: 1,431 We were rented once in November. There were 975 volunteer hours for November. KENAI SENIOR CENTER DECEMBER REPORT November started the holiday season with many fun events and activities at the senior center. We held a Veteran's Day Gala Luncheon. We honored 35 veterans. Tuesday the 23` Marathon Oil Company provided a monetary donation for food as well as 30 volunteers to set up and decorate the dining room, assist in the kitchen with food preparation for home delivery to 128 home -bound clients from Sterling, Soldotna and Kenai, as well as helping to prepare food for 225 seniors at the congregate meal. Marathon Oil provided a cup to each of the seniors (home and congregate), and center pieces for each of the tables, and 15 marathon Oil Hats which were used for door prizes. The seniors enjoyed the dinner and the Marathon Oil volunteers worked hard and provided a wonderful meal. The Blue Grass Players provided entertainment. Since the end of August we have had two college practicum students completing service hours for required classes. One student was completing her two -year degree volunteered 20 hours. She assisted Senior Connection with the Thursday night concession stand. The other student, working towards a 4 -year degree inhuman service, completed 220 service hours. In January she will be with us for another 220 volunteer service hours, There will he 4 computer classes e starting soon with 45 seniors participating. A senior volunteer and a MASST participant will be teaching the classes. Senior Connection has upgraded the six computers in the computer lab. -165- Ntilecity of. UENA1 ALASKA MEMO: n "Village with a past a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I Telephone: 907 283 -7535 FAX: 907 283 -3014 1 111 1: 1991 TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: December 9, 2010 SUBJECT: Mid -month Report A total of 112 hours ice was reserved at the multi purpose facility in November compared to 109.75 last year during this time. There haven't been any reports of vandalism and the girl's warming shack has been heavily used this season. A new women's hockey team recently formed and will be splitting ice time between the two local facilities. The micro- processor installed earlier this fall has been operating flawlessly. A second processor will be budgeted for and pending approval will be installed next fall. Department staff performed some testing of ice thickness at the Daubenspeck Park pond. Ice thickness is sufficient to begin maintaining a skating area. Groundskeeper Hernandez, along with assistance from Public Works, installed the last section of walkway on the north beach dunes. Maintenance at the Kenai Nordic Trails is ongoing. Despite the cold and lack of recent snow the trails have been getting consistent use throughout the day. Kenai Central High School is planning on hosting their annual ski event on January 21 Department received its bear proof trash receptacle, donated by Mr. Jim Finks, Jr. from California. We will find an appropriate placement for it this spring. A letter of thanks and appreciation has been sent to Mr. Finks for his generous donation. Department placed a new static LED winter decoration in front of City Hall. Two more displays are on order and will be placed at Leif Hansen Memorial Park. Other on -going routine operations within the department continue, including snow removal in specific locations, upcoming budget planning, winter /spring procurements, trash removal, inspections and miscellaneous maintenance tasks. -166- MEMO: If you have any questions, please contact me at your convenience. attachment Village with a Past Cc y with a Rata/ce 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907- 283 -3014 -167- TO: City Council Airport Commission FROM: Rick Koch DATE: November 30, 2010 SUBJECT: Kenai Municipal Airport Supplemental Planning Assessment, Status of Implementation The purpose of this correspondence is to submit for your review a status report identifying actions which were recommended by the consultant in the "Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report." The consultant recommended the Kenai Municipal Airport (hereafter "Airport undertake fifty (50) specific actions. The Airport adopted. forty -five (45) of the consultant's recommendations, several with minor amendments. Five (5} of the consultant's recommendations were not adopted as they were determined to be impracticable or would have instituted management changes deemed to be not in the best Interest of the Airport, Attached is a spreadsheet identifying, and providing the status of, each of the consultant's recommendations. As all of the accepted recommendations have either been completed, or are on -going maintenance items, there will be no further status reports to the City Council or Airport Commission regarding the Kenai Municipal Airport Supplemental Planning Assessment. Appendix rstrages u- 14 Figure 11 C(Page 4 L ain6td 0 -7 Sefir...A /a zt atnbld a -0 cafiw..t /a l 9a inni= c ane.aln o/r eyes o-u Figure 3 c n g atn6id a -n Cafill -.1 /D 1'11 1 neputt Pages 18 -33 Fi ure 11 h,A orreye> o °19- Figures 11,12 AIL. i nevieweu ttnnutuiy Admin. Schedule For Implementation araldwon I araldwon I araldwon arardwon araldwon ataidwon araldwon araldwon araldwon oes A min. Recommend Implementation Y/N N/A a taiduloa immavelliviNINOMON y In- Process Y Responsibility City Attorney Airport Manager Airport Manager Airport Manager !Airport Manager Airport Manager lAipport Manager !Airport Manager Airport Manager Consultant Recommended Action Adopt an ordinance to establish the Airport Reserve and prohibit sale of lands within the reserve Update Airport Layout Plan (ALP) to include larger terminal aron ammTh Update ALP to include larger terminal area ,Update ALP to include relocated Building Restriction Ir lna (ram t and consolidated lease lots 'Update ALP to include Northeast Airpark Update ALP to include relocated gravel strip, Harrnnflva 9 Update ALP to widen the floatplane water lane and extend it to the north I Update ALP to include airport reserve and land use plan r .w. Amend the capital improvement program to include recommendations from the Phase 1 and 2 reports Land Use Plan 1 1st Quarter 06 1st Quarter 06 1st Quarter 06 1st Quarter 06 1st Quarter 06 I 1st Quarter 06 1st Quarter 06 I 1st Quarter 06 90 tapeno is', I 1st Quarter 06 1st Quarter 06 I I£I 9 I ct o 1 0 N o z. 4 el cp N PAGE 1 OF 5 Appendix C /Page 5 C /Pages16 -18 I Not in Report I C /Pages 4 -5 I L-gsa /Q 9 abed /0 C /Pages 7 -10 C /Pages 11 -12 D1 /Pages 10-12 bla6ed /Q C /Pages 14 -15 C /Page 15 I 1 9t a 1 C /pages 12 -13 gj e6ad /o I gl e6ed /D I L 9 sated /3 Admin. Schedule For Implementation I ataldwoQ a uoN f10Z OUON meld woo alaldwoo I alaldwoo I auoN alaldwoo ataldwoQ 1 Lo -gad alaldwoo alaldwoo alaldwoo alaldwoo alaldwoo Does Adm n. Recommend Implementation YIN II z r r r Z r> I I Re -zone As Required r r r N/A ataldwoQ A N A A z r Responsibility Asst to City Manager City Manager I Ae City Attorney City Attorney ,tat ouv d110 1 I AewoilV /a City Manager City Attorney Cit Attorne City Attorney AHD r City Planner Aawolly Lila Aewolly fl!D Asst to the City Mena er Consultant Recommended Action Terminate submittal of airport appraisals to the FAA for approval Transition to a reconstituted Airport Commission with more direct authority over the airport suoileln6at ltodtle palepdn /peslnet ldopv Obtain exemption from Borough platting requirements 'for Airport Reserve Lands Establish new method of setting and adjusting and rental rates based on airport-wide appraisal conducted every 5 years mot aseat lenuue luaotad g paxij eql alalac' 'Set new lease term guidelines Enabling incentives to encourage private development (of airport land now the City to require lease applicants to provide a business plan and evidence of financial ability Protect the City from environmental liability Modify the rights of a mortgage and sub lessee under a lease 'Update insurance requirements Adopt an "Airport" zoning classification to cover all airport reserve lands auol asual puel s NIO eql elepdfI Prepare a summary of KMC provisions applicable to airport tenants "minimum standards"). Complete airport appraisal and implement new land rental rates Consultant Recommended Schedule Property Management November 05 1st Quarter 06 2nd Quarter 08 1st Quarter 06 9 1st Quarter 06 g tapen0 is t 90 tapen0 is t I I 90 talten0 lsl I 1st Quarter 06 90 t auen0 Pi_ 1st Quarter 06 l sl Quarter 06 1 1st Quarter 06 1 I 4th Quarter 06 go tapenQ puz 1 2nd Quarter 06 4th Quarter 06', IZLI I£ti I bt I IA I 1 f lal I ZZ IZ I SE Lad Lz KENAI MUNICIPAL AIRPORT NDATIONS PAGE 2 OF 5 eanotd/e6ed xl auaddV u1 /rages 8 -u al/Page u D3 /Page 41 tit/rages 1u -i ?t a6eruiri sa6u.l /Zn a -c sa6eatZn a a6e.rrin q a6e.lrZn a6e.ttzn uopetuewaldwl Acid alnpaya$ UImPV eta dwo3 l elaldwoo t ataldwo7 f Case -by -case i Consideration t eletdwon t f L-Qa-1 f ataldwoa e1e dwoc) ataldwo7 oes Admin. Recommend Implementation YIN r r r r r r Complete Y/N N dpl lglsuodsad Finance 1 Director Finance I Director Finance I Director Airport Manager Finance Director Airport Manager Asst to Airport Manager Ass't to Airport Manager Ass't to Airport Manager Asst to Airport Manager Consultant Recommended Action Revise KMC to eliminate unnecessary restrictions on use of airport revenues and land sale proceeds Revise KMC to combine three existing airport funds intn 0 single airport enterprise fund Revise KMC to include a less restrictive investment nnlicv for airport cash balances Consider adopting policies to lease rather than sell Airport Land (outside of airport reserve), and using a portion of Airport cash balances to develop revenue- nrrmil icinn capital investments I Draft a new airline operating agreement and terminal building lease to reflect formula based rates and other common industry practices Modify rental car concession agreements Modify restaurant concession agreement Modify lounge lease Modify travel agency concession agreement Consultant Recommended Schedule 1 Ugl leloomily 1st Quarter 06 1st Quarter 06 I 1st Quarter 06 I 1st Quarter 06 Prior to expiration of current lease Prior to expiration of current agreement Prior to expiration of current agreement Prior to expiration of current lease Prior to expiration of current agreement Prior to expiration of current agreement 11 1 1 0E m m m En o cx.1 5 c 4 O N VD C.:t el es H N 04 z 4 c cat 4 9) ti PAGE 3 OF 5 Appendix Page/Figure I 6 abe /3Q U3 /rages 41 -42 u3 /rages 41 -42 zn a6e.r/rtn V U3 /rages 42 -44 zt, a6e.-ur.n a e6paM Admin. Schedule For Implementation e eidwoo etaldwoo °laidwoo maid woo eiejdwoo maid woo ele(dwof oes dmin. Recommend Implementation Y/N papuawa sv y Complete Y/N A' Auggtsuodseu Airport Managed Finance Director Airport Manager Finance Director Airport Manager Airport Manager Finance Director Airport Manager 'Airport Manager Itounoo rttlo Consultant Recommended Action Modify public parking fees Establish direct and indirect cost centers within the Airport Enterprise Fund and implement cost accounting allocation procedures Calculate formula -based airline landing fees and terminal rent to be adjusted annually Increase landing fees by ordinance Negotiate airline operating agreement and terminal building lease and implement formula -based rate structure Revise the aviation activity report to include aircraft landing weiuht r 1 Adopt the Financial Plan and acknowledge the necessity of improving airport revenues/costs to mitigate the projected exhaustion of airport cash balances in the long-term future i Finalize evaluation of airport costs allocation and airport revenues Consultant Recommended Schedule 1st Quarter 06 I 3rd Quarter 06 3rd Quarter 06 1st Quarter 06 Prior to expiration of current lease I I 1st Quarter 06 1st Quarter 06 1st Quarter 06 8£ Itb £t7l 54 fra a GOD O 0 '1 O N cot e r:1 el CID cza PAGE 4 OF 5 Appendix Page /Figure 9 a62d/'d I a Admin. Schedule For Implementation 1 elaidwo0 auoN n Alienuuv AIlenuuv atajdwoo Does dmin. Recommend Implementation YIN 1 pepuswe s z r r N/A alaIdwoa N Responsibility f a6eueyij Airport Manager Airport Manager Airport Manager City Manager Consultant Recommended Action Adopt the Strategic Plan Form working group within the Airport Commission to track achievement of the Strategic Plan's goals and objectives. Set priorities. Report to the Airport Commission on an ongoing basis with a list of resources and levels of efforts needed to satisfy the Strategic Plan's goals and objectives Assess with the Airport Commission attainment of the Strategic Plan's goals and objectives. Reassess goals and objectives Report to (he City Council the status of the Implementation Plan. Consultant Recommended Schedule it I 1 Strategic Plan t i I 1st Quarter 06 1 f 90 Japan° is r 2nd Quarter 06 1st Quarter 07 i Implementation Monitoring Ajlenuuy PAGE 5 OF 5 INFORMATION ITEMS 177 1 INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 1. 12/15/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $5,000. 3. 11/29/2010 R. Daubenspeck thank -you letter regarding the naming of the park being developed along Marathon Road as the Daubenspeck Family Park, 4. 12/6/2010 Peninsula Clarion newspaper article entitled, KMS Assistant Principal Lauded."' 5. 11/2010 Kenai Municipal Airport Enplanement Report. 6. 12/2/2010 Kenai. River Special Management Area Advisory Board meeting agenda and minutes of the 11/11/2010 meeting. 7. 11/29/2010 C. Smith letter of invitation to become a member of The LeeShore Center. 8. 2011 Alaska Gaming Permit Applications Pickle Hill Public Broadcasting Nenana.Ice Classic Inc. 9. 2011 Alaska Pull -Tab Vendor Registration Pickle Hill Public Broadcasting /4 Royale Parkers -174- W W J 0 z 0 0 EC 0 LL 0 Q O O O t- r 0 Z 0 O N r K to> fD Z 2 W O m LL y O z w O W W 2 z a_ U o o o to o m 0 0 o N.: 6 6 o 0 0 co M 0' C) cri z Q Q U 1 u7 CO CC CC 0 Z 0 0 CC M W O z 0 tJ o Z G -175- November 290, 2010 Honorable Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 -7794 Sine e ely, Rita Daubenspeck -176- r RECEIVED DEC 2 20 ?0 KENAI CITY CLERK RE: Resolution No. 2010 -52 Dear Mayor Porter: I have received your kind and surprising letter regarding the above resolution and admit to being very "touched" by this decision to honor my family so send a sincere "Thank You" from all of us. My Husband would be most pleased as it was his intent to support the athletic activities of the youth in Kenai and this certainly will continue that effort. Your letter brought back so many memories. I first arrived in Kenai in 1950, a city girl introduced to life in a small fishing community. The biggest treat of the week L went to Mass d rfic6t to Helen Jones's store with eyie ,cLiiC merchandise. We vScni G �as5 .n a local bar, picked wild blueberries (always with a lookout for bears), dined on moose meat gifted by the locals who were tired of it by the Spring when we would arrive. Our daughter went swimming in a nearby lake and was shocked to discover leaches were plentiful and scary. We watched so many homesteaders settling in from all over the country and become part of the community. Wonderful memories! 1 send my best of good wishes to all and thank you again for this special honor. -..m O 0.a 0 D Q .ti 8 r, x R r m v '7 W> O C F .O CJ 'C O a` .t3 N W 0 5 v "'W o4''a k.0 G0 V)C n x F :c 4 ct �,Cw v u v b.4 v E o70o�00 rn m mo as WSW p .O 70 .t..> O ca m _a'C OM U y U O qo„0 cab°.. 10 V1' R .W 7 7 a: V Kt MIME m 'O t a r 'O C o G 'l C 4J N En cz 0o ...,.---...p M O 4 J U 0 b 0 O v C U c; U v .0� Q �-��cc/+ W O 4 C r cC! G GJ 'p '4 m O Q S N N Q 0 R g v 5 c Z°- 5 y v' •E O °.`i'v.v .w G c .0 Ctr pi.T o .a N N m N c r 1' a C a0 .v.a 0 y N U 3 0 O U tC 2 -E ;G ti Q 0 c 4 H 0,6 O ,a. O U 0 -5 a, u v y a ai 4`� aims g °�ovo i Az� I G 2 tt= p Cart m a v O O y V d 3 3 z ry t.„ U U w Wd0 ci V .42 if,, O h 0 N R Ot, N cat 1.., c u' O' N v, V r 1 a o O b .x '5 z m 5° m 0 oo sa O v= 4 U .0 G v N O 6 'O w o .0 O44U O O B 0. 4° 0 U O N 7' Q 5 CA w 0 N VS Q"C7 a, 'oa+ oa.8 EFtA GRANT Change KSNAI Combined Month AVIATION AVIATION Total 2888 from AVIATION Month Total 2609 January 4466 1,797 6263 6824 -561 129 6,392 February 4,171 1,805 I 5,976 5,971 5 110 6,086 March 4.787 2,023 6810 6,029 781 116 6,926 April 4,366 2,018 6,384 5,804 580 126 6,510 May 4,556 1,922 6,478 5,611 -133 198 5,676 June 4.879 2,126 7,005 6,857 148 202 7,207 July 7825 2,467 10,292 9,612 680 270 10,562 August 7271 2,582 9,853 9,153 700 246 10,099 September 5,148 1.961 7.109 7,379 -270 224 7,553 October 5,555 2,058 7,613 6,919 694 185 7,798 November 5,324 2,047 7,371 6,714 657 132 7,503 December 6,260 Totals 98.348 22,806 81,154 84,133 1938 83,312 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 November 2009 $11,972 2010 $16,851 enar 72.23% Terminal Vehicle Parking Revenues Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Ian Feb Mar Apr May Jun -178- November 2010 7,371 KENAF RIVER Special Niar¢ageenent Area "Working together,..for the river" CALL TO ORDER A. Roll Call: B. Minutes Approval C. Agenda Charges end Approval II. Public Comments /Presentations III. REPORTS A. Agency and Government Reports a. State Parks— Sinclair, Russell b. DEC- Stevens c. ADF &G- Vania/ Begich d, USF &WS- Schmidt e. USES/Chugach- Travis Mosely f. City of Kenai- Koch g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Carey 3, Committee Reports a. President's Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g, Board Development h. Agenda /Board Structure /Housekeeping VII, PUBLIC COMMENT IV. OLD BUSINESS A. Board Seat Nominations- update V. NEW BUSINESS A. Letter to KPB Assembly regarding 21.18 continuation B. Resolution supporting the Bing's Landing Angler access parking VI. CORRESPONDENCE Kenai River Special Management Area Advisory Board Meeting Agenda Thursday, December 2, 2010 5:30 p.m. Gilman River Center VIII, ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting January 13. 2011 at 5:30 p.m.. Kenai Area Office, PD Box 1247, Soldotna. AK 99669. 907- 262 -5581 Kenai Peninsula Borough, 144 N. Binkiey, Soldotna, AK 99669 907 262 -4441 Gilman River Center 514 Funny River Road, Soldotna, AK 99669, 907- 260 -4882 Alaska Giy, sun o' parks and Outdoor Resection, Gepatllneci tlf p:alurei Resources, n cocperalion with the Kenai Peninsula Borough 1 J. rte.. D'S`z? c 1. RECE1 CD DEC 2 2.010 KENAI, an CLE K 1 III. Reports Kenai River Special Management Area Advisory Board Meeting Minutes Gilman River Center Thursday, November 11, 2010 5 :30 p.m. Call to Order A. Members Present: Jack Sinclair, Terri Carter, Andy Loranger, David Carey, Peter Micciche, Kevin Lyon, Brenda Trefon, Adam Reimer, George Heim: Janet Schmidt. B. The Minutes tor October 14, 2010 were approved as written, with a minor housekeeping item on page 2, item F changed Rhine's to Ryan's Creek. C. Agenda Changes and Approval: No items were added. IL Public Comments /Presentations none A. Agency and Government Reports a. State Parks, Jack Sinclair rangers are still out on the weekends, Bing s Landing and Cooper Landing boat launch continue to be busy. a Pillar's boat launch been n fish until h kept open end well. he New expect as long as the river stays free of ice, people going continue is sport board appointments are still pending. State Parks, Pam Russell, things_ are slowing down, it's end of season time: we are now into the new seasons for the guide academy. The first one starts on Monday, we have 17 or 18 people signed up. They have 4 classes for the winter b. DEC, Tim Stevens, was not present c. ADF &G, Vania/ Begich, was not present. d. USF &WS, Janet Schmidt -The Russian River parking lot is almost complete. They are adding finishing touches. 3. USES/Chugach, Bobbi Jo Skibo, Dave Carey reported for Bobbi Jo Skibo that the Citizen's Advisory group has met and will meet again in Jenuary. They are looking, for projects to fund and will decide which ones to fund during January. Projects need to be inside the National Forest or On lands immediately contiguous. Bobbi Jo is our administrative person and is handling at the paperwork so if you go to the Forest Service or the Citizen's Advisory group there should be the applications to provide ideas. They need projects, the Forest Service has come up with a list of things they would like to see done, but the public, under the Safe Schools and Rural Communities Act of Congress is also suppose to be very involved. f. City of Kenai, Kevin Lyon, we are continuing with our north beach fishery improvements, which include the permanent outhouses that are currently out for as well as the new improvements to the beach trail. The bridge is on site and we will be getting that set as soon as we get a good hard freeze. Also, for those that are looking for bird viewing, we am keeping public access open as the snow comes, so it is available during winter. g. City of Soldotna, Peter Micciche, the construction continues at Soldotna Creek Park and the Soberg house partnership with the Kenai Watershed forum is coming along. Looking forward to the environment& summer camp they will be doing this year at the Soberg house in the park, as well as their river education efforts. We are in our final draft of our envision 2030 Comprehensive Plan, which 1s laced with all kinds of statements and forwarding•lcoking plans for the conservation of the Kenai River. One of the items in there was an ordinance dedicating the Spur and Sterling Highways to commercial priority, which to heip people understand why that is important, ifs the ever existing tie between a healthy economy and environmental conservation. We are putting a priority on that, still respecting the rights of those that are using it as residential purposes now, but hoping to direct it toward something more easily controllable as a conservation easement. We have concerns about the property upstream of Rotary Kenai River Special Management Area Advisory Board Minutes November 11, 2010 Page 1 of 3 -180- B. Committee Reports IV. Old Business Park. People have been spilling out of Rotary Park, and have this summer literally trashed the bank of that piece of property that is awned by someone that is out of state. It's in the condition that we haven't seen in many years. The city remains concerned with the condition of the Kenai River Chinook fishery in terms of the agencies understanding of return numbers and fish size. We are looking far guidance on the best way to make that concern constructive in a way that hopefully we can assist the agencies and better understand. h. Kenai Peninsula Borough David Carey, as part of the coastal improvement grant projects, the government has approved the administration costs to continue with Kenai Peninsula Borough 21,18 ordinance review, in regards to the Bing's Landing proposal, the administration is going to support the concept assuming that the KRSMA board does. a. President's Report, was not present. b. Guide Advisory, George Heim reported the committee met and had fight attendance today; talked about 4 different items; discussed the findings from the River Use Recreational study. Looked at the complaints, and incidents that involved guides on the Kenai River, tried to identify patterns that might be showing up to see if there are issues that are being repeated that we can address all we found were isolated incidents. Had a presentation by Jack Sinclair on the Bing's Backline; talked about protocols for accidents on the river. c, Habitat, Jack Sinclair reported for the committee with two things on their agenda; The first was the symposium, in which we decided to survey the borough assembly and the city councils to make sure the date that we have decided on are hest suited for them. Work on the draft letter for the board to approve, encouraging the Borough to continue with the provisions of the Kenai Peninsula Borough 21.1E review, d. River Use, Jack Sinclair reported for the committee; they discussed Bing's Landing and other parking issues. Briefly discussed the River Use Study, which went to a final report. Reviewed resolution the board did in April 2010: Resolution 2010 -2, regarding a resolution to the Commissioner encouraging him to pursue mandatory boating safety courses. It is awaiting the signature of the president. We have a new Chief of Operations for the Division of State Parks, her name is Claire Leclair. She will be helping us with any regulation packages or changes in the future. We tabled the discussion of expanding Pillars parking and access on the lower Kenai River, which were presented in April 2010. Talked about at the next KRSMA meeting asking the division to look at what it would take to create more trailer parking in the lower parking lot of Bings Landing and require more passenger traffic to park further up the road so that they are closer to the boats being launched, that hasn't been formalized, but It was a discussion Item. e. Permits, did not meet. f. Legislative/Government Activities, Dave Carey commented it is very good and helpful that Mike Chenault will retain the speakership of the state house because a significant part of his district includes the KRSMA area. Also, from Kodiak Gary Stevens will remain as the president of the state senate, half of his district represents from Homer to Seward. Senator Wagner has joined the majority caucus and will be the co -chair of resources for the state senate. Will be meeting with Mayor Sullivan tomorrow in Anchorage to talk about issues in which we can work together and issues on resource development Will be going to Juneau next week to meet with a variety of people and part of the purpose is to talk about the work of the KRSMA board. Members of our legislative delegation will be meeting here with different people on December 20 22 Dave Carey will make sure that Pam Russell has dates and times sc that everyone knows. g. Board Development, nothing to report. No appointments have yet been decided on by the commissioner's office. h. Agenda /Board Structure /Housekeeping, Sinclair reporting that Joe Connors had asked me to draw up the protocols for electing offices in January to be ready in December. Would like to have a brief committee meeting at 4:30 pm next month, if any would like to attend and go over protocols in the committee first and then we can talk about it at the regular meeting. Kenai River Special Management Area Advisory Board Minutes November 11, 2010 Page 2 of 3 -181- V. New Business A. Bing's Landing-Backline access concept presentation Jack Sinclair: A map of the area was given to show the Preliminary conceptual site plan for Bing's landing. State Parks has the money for Phase 1, which a proposed service access road, access stairs to the river and a CXT toilet, there has'been no further capital funding purposed for the remainder of the conceptual site plan. This is to launch a discussion for input on this concept drawing (Phase 2) and this concept of trying to find sufficient parking and effective parking within the park that will take people from this area that is outside the park and put them back in the park where they can safely and effectively access those good sport fishing areas and take the pressure off the local neighborhood. This will be available on the internet on our website for state parks for people to download these concepts to make their comments back to the state. We are moving as fast as we can with state parks we still need the momentum of the public, board, and other governmental entities to help us move this to a higher priority. Jack showed a power point presentation about how the area was developed. The road, the sub division and the area has grown. Wilt post it on the internet and have a 3D-day review for the public. Hope that the KRSMA board will confirm their support of the concept by the next meeting to send this forward. The timing would be if we are going to go forward with this and receive any kind of funding from the legisiarure as even a borough legislative priority, it will need to be in the legislative group by January. Otherwise It will be another year, 2013; at this rate the earliest we could get this going would be 2012, The website for making public comments is www.aiaskastateparks.orq. VI. Correspondence None VII. Public Comment Timothy Martin asked questions regarding the Bing's Landing Backline access concept presentation. Dani Mains commented regarding the Bing's Landing Backline access concept presentation. Robert asked what the iimeframe was for Phase 2 to be done. Jack Sinclair said if the money goes through, it doesn't actually gel appropriated until the first of July 2011. Completion date is more Ake 2013. Ricky Geese commented on the amount of parking spaces being under estimated in the Bing's Landing Backline access concept. Leroy Sandelhotf asked It there was access to the status of the Kenai Peninsula Borough 21.18 Habitat Protection ordinance review. VIII. Adjournment A. Board Comments B. Date /Agenda of Next Meeting December 9, 2010 at 5:30 p.m. Kenai River Special Management Area Advisory Board Minutes November 11, 2010 Page 3 of 3 -182- 325 Sa Kenai, A November 29, 2010 Kenai City Council 21D Fidalgo Ave., Ste. 200 Kenai, Ak 99611 Dear Friends, The Board of Directo LeeShore Center. S iiincerely, 9E4 Cheri Smith Executive Director Seri The aeeShore Center s for Victims' of Domestic Violence and Sexual. A ssaui! Support ie the Central Peninsula's Families RECEIVED DEC -8 2010 MY CLERK ordially invites you to enjoy the benefits of becoming a member of The By becoming a member you can help us in our mission and continued endeavors to improve services to victims of domestic violence and sexual assault. These services include: information referrals transportation to safety safe shelter legal advocacy in school presentations crisis intervention 24 hour crisis line Your membership supports our work, not just to provide services, but also to offer opportunities for change on an individual level, relationship level and societal level. Your membership is not just supporting an organization, you're also helping people, people like you, your friends, neighbors, co- workers. Your membership supports The LeeShore Center's work in our community to create an environment of zero tolerance for interpersonal violence, where each one of us has the right to live in peace and freedom. For more information on our agency and the services we provide, we invite you to visit our website at httpalwww.leeshoreak.org. Please join us to stop domestic violence and make every home a safe home. Together we can make a difference! -184- education support groups for Women Child Care Assistance Program (CCAP) Sexual Assault Response Team (SART) Batterer's Intervention Program (BIP) Community Awareness Workshop Pax Line. Z &3 -5844 AdAAA oth Membership rsrLve The LeeShore Center is looking for members! As a member, you can participate at our annual membership meeting and support our efforts to end domestic violence in our community. The LeeShore Center Yes, I'd like to become a member! NAME ADDRESS CITY STATE ZIP PHONE Annual $50 E] Annual $25 Benefactor (Lifetime) $500 *65 Years Oder* Benefactor (Lifetime) $250 Annual Family $75 ❑Annual Family $50 TkaIA a vid weLcome to the L-eeskore Cevtter! do not wish to become a member at this time, but would like to contribute to the agency by donating: Ali contributions are greatly appreciated. in FY10, The LeeShore Center provided 7,730 bed nights to 185 women and children victims of domestic violence and sexual assault residing in our emergency shelter facility: Your contribution dollars are important, for example: $4,514 provides 3 months emergency shelter utility costs $100 provides 3 months crisis line costs $392 provides 1 month emergency shelter food costs $526 provides 1 month emergency shelter household costs Individuals and businesses donating $1,000 or more annually, will be Listed on our website as major contributors. Yes, please send me The LeeShore Center quarterly newsletter. Yes, please recognize my contribution in The LeeShore Center quarterly newsletter. Please check appropriate boxes and mail payment to: The LeeShore Center 325 South Spruce Street Kenai, AK 99611 -185- United Way The LeeShore Center is proud to be a United Way Agency aepa frnenfOf xePIIIi? Pr- rub u renew uuyamunvn re �i Prim r► Fe in +ed name r 1e h Lx i Date I i en or I_� Altemne sr e s� officer's si +ureise instm G en in Charge'ssignaurre AK t 4 9 1. 1 l Hastheprimary member passedthetesl? ¢1 Ves ❑No P x0 11 Date e f� G w ear— dr V((nrporalion Pannetship Association ❑Charitable ❑Fraternal G Perim or fire department Civic Of service 0 Labor MORPH Dog mushers'a.ssociation Municipality ❑Religion idocational 0 Nonprofit trade association ❑Veterans Fishing decoy assocation Outboard motor association ❑IRA /Native vlliege Pdn ame- 3ooWe.Li Date 3.10 7/ M ara of s �gn ore f Png name /7r /�Q 7 yhwlc Dare z/ Primary member first name I�� Prim y member last name 5 oeia i uq�ty v,mhar bfad+t ihllen6,Kdl( tad ,e Mobile number 9o?-3F51' -n.,?3 Daytime phone number 0 7 1`3 e/1L/33 H0 martin address ry u efn�I AK t 4 9 1. 1 l Hastheprimary member passedthetesl? ¢1 Ves ❑No Permit 8 uncler which test was taken 1 3 1 -i3 AI[e member fast name lemur MI i AI to member last name b on ie Mobile number J J 37 -8 o4'O Social security nurtoer 1EITIM rrr3,mx�yry 1 1907 Daytime phone number i 07 -3761- tU t/() Home marikggaeress 1 3,6_26- r yR Y( AK C✓ ttp Cit l State 4- 4 6 f( iJ� 1 706 Has the alternate member passed the test? .es ONo Permit N under which test was taken 393 O htewapplicant $20 O SD- 520,000 S20 S2 0,001- $100,000 $50 $100,001 or more 5100 2011 Alaska Gaming Permit Application Application Organization Information I Department use only 826 Validation Da re era mp F IJN c ,1 0 1 Itrenewing, enter ca mlc4 perm¢ a '3 Phone number +fa number 9o7- a;? 1 7 07- p 7 0 0r nat a imion �'r c 1� e P II II r b J 6i t toc�_ c�� W ehsrne addr d C Mg r, eAtto ri `odor~ Male AK J q y /(D �J -v(�// Mahe address U i.r�. 1 Entitytype ((he( k one) Or, anization pe (check one) for de ions, see AS 05.15.690 and 15 AAC 160.995 V((nrporalion Pannetship Association ❑Charitable ❑Fraternal G Perim or fire department Civic Of service 0 Labor MORPH Dog mushers'a.ssociation Municipality ❑Religion idocational 0 Nonprofit trade association ❑Veterans Fishing decoy assocation Outboard motor association ❑IRA /Native vlliege es No Does the organize tton haye 25 or more membe who are. Members in Charge of Games Members in charge must he natural persons and active members of the organization, or employees of the munWpality, and designated by the organization. Members in charge may not be licensed as an operaton be registered vendororanemployee of a vendor tot this organization. if more than one alternate, attach a sepa Legal Questions Thesequestions must be answered. If you answerYes to either question, see instructions. ❑Yes ❑No Does any member of management or any person who Is responsible for gaming ❑M 0 N Has any member of management or any person who is responsible for gaming activities have a prohibhedconfli of interesr as defined by 15 AAC 160.9547 activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state, or another jurisdiction, that is a crime involving theft or diSbOnesly, IN a Proration of gambling !agars? We declare, under penaltyol unworn falsification that we hove examined thisappilmtfon, including oily attachments, and that ro the best afour knowledge and belief is true ondmrnplete, We understand Mat any false statement made on the application ar any attachments is punishable by low. By our signatures below, we the primary member, the alternate member, and if oppllmhlc the manager of games oyree to allow the Mall to Alaska Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811 -0420 Phone (907)465 -2320 Fax (907)465 -3098 www t ox.ataska.gav /gaming 826 One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory attachments. Pay online with OTIS at wwwtax.aloska.gov or ma ke (heck payable to State of Alaska. New applicants must pay by check. Retain a copy for your records -186- ermit tee The permit fee is based on 2009 estimated cross receipts. Check the appropriate bon. Form 0405 -826.1 web Rev 10/10 for 7011 page V ..,1.... o'..,.,,.,... Bar or liquor Store non Physical addles •0v.. S. �I4 City �v�t State AK Zip '`4 q CP Bar rli g�g{torename Physical �odr el q ko 1 R �N S6 f`fr6 '?e-t�) J Cit Sa(d0in State AK Zi g q6 l Bar e r rstore e l Physical address City State AK Zip +4 Bar or liquor s core name Physical address City State AK Zip +4 bare ti Zit name IPhyACai address i Cray State AK Zip +4 y Fadtit ame Physical address C Ciiy State Zip ±4. err L7 O. c 2' (p •ee.R r S?$+e /O? 2 AK VP Facility type (check one Game type (check al4}hetapply) D Owned oed ❑Donated ❑Bingo A afle DPui1 -tabs Animal classit(chicken" Animal dassic(ratrace)° DSpedal draw raffle" ❑Calcutta poor facility name Physical address City Stare Zip +4 AK Facility type (check one) Game type (check ail that apply) ❑Owned Dleased DDonated 0 Bingo 0 Raffle 0 Pull-tabs 0 Animal dassic (chicken)' 0 Animal classic (rat race)" 0 Sp dal draw raffle" 0Calctma pool I Manager first name IMI I Manager last name Social security number Daytime phone number Hone mailing address fmaEmail Mobile phone State Z Permit 4 under which test taken City W Has the manager of games passed the test? ❑Yes 0 No Area me type fdrerkail that apply) K 2 afire DContestofskill DFlsh derby El Dog mushers'mntest 0 Classic (specify) Area Game type (check al! that apply) S waffle DContestofskN DFishderby 0 Dag mushers'contest 0 Classic (speclfyi Gaming permit4 dOC 1 t3 2011 ALASKA GAMING PERMIT APPLICATION GAMES OF CHANCE AND CONTESTS BF SKILL D izaron name r v N; 11 i? b 1/ c hr��rdco5 Facilit -based Games (self- directed „7 iorvt7an ND bed only for selr- directed pull -tabs and bingo Multiple- beneficiary Permittee Information (MBP) Designate the MBP with which the organization has signed a partnership or joint- venture agreement. Facility name 826 ch a separate sheet -187- sheet 826 noe.g ,p on fo cols) a nd feels) for each vendor listed below. Operator Information Designate operator who will conduct activities on the organization's behalf. Attach signed operating cot rac T(s). If more than one operator, attach a separate sheet. Gametype(s) Operator license a i Physical address Operator Facility name City State Zip 4 MBP permit d MOP name Physical address Game type(s) (ity State Zip +4 Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activili e 5 a;• ID ol^ it the. e cw c. a r` o-2ti 0 c7 cf v i e 5 Tcl IO 9 ev a O p n G Retain a copyforyour records Farm 0405 -s2&2 web Rev 10/10 for 1011 page 2 I Manager first name IMI I Manager last name Social security number Daytime phone number Hone mailing address fmaEmail Mobile phone State Z Permit 4 under which test taken City W Has the manager of games passed the test? ❑Yes 0 No Area me type fdrerkail that apply) K 2 afire DContestofskill DFlsh derby El Dog mushers'mntest 0 Classic (specify) Area Game type (check al! that apply) S waffle DContestofskN DFishderby 0 Dag mushers'contest 0 Classic (speclfyi Gaming permit4 dOC 1 t3 2011 ALASKA GAMING PERMIT APPLICATION GAMES OF CHANCE AND CONTESTS BF SKILL D izaron name r v N; 11 i? b 1/ c hr��rdco5 Facilit -based Games (self- directed „7 iorvt7an ND bed only for selr- directed pull -tabs and bingo Multiple- beneficiary Permittee Information (MBP) Designate the MBP with which the organization has signed a partnership or joint- venture agreement. Facility name 826 ch a separate sheet -187- sheet 826 noe.g ,p on fo cols) a nd feels) for each vendor listed below. Operator Information Designate operator who will conduct activities on the organization's behalf. Attach signed operating cot rac T(s). If more than one operator, attach a separate sheet. Gametype(s) Operator license a i Physical address Operator Facility name City State Zip 4 MBP permit d MOP name Physical address Game type(s) (ity State Zip +4 Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activili e 5 a;• ID ol^ it the. e cw c. a r` o-2ti 0 c7 cf v i e 5 Tcl IO 9 ev a O p n G Retain a copyforyour records Farm 0405 -s2&2 web Rev 10/10 for 1011 page 2 Area me type fdrerkail that apply) K 2 afire DContestofskill DFlsh derby El Dog mushers'mntest 0 Classic (specify) Area Game type (check al! that apply) S waffle DContestofskN DFishderby 0 Dag mushers'contest 0 Classic (speclfyi Gaming permit4 dOC 1 t3 2011 ALASKA GAMING PERMIT APPLICATION GAMES OF CHANCE AND CONTESTS BF SKILL D izaron name r v N; 11 i? b 1/ c hr��rdco5 Facilit -based Games (self- directed „7 iorvt7an ND bed only for selr- directed pull -tabs and bingo Multiple- beneficiary Permittee Information (MBP) Designate the MBP with which the organization has signed a partnership or joint- venture agreement. Facility name 826 ch a separate sheet -187- sheet 826 noe.g ,p on fo cols) a nd feels) for each vendor listed below. Operator Information Designate operator who will conduct activities on the organization's behalf. Attach signed operating cot rac T(s). If more than one operator, attach a separate sheet. Gametype(s) Operator license a i Physical address Operator Facility name City State Zip 4 MBP permit d MOP name Physical address Game type(s) (ity State Zip +4 Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activili e 5 a;• ID ol^ it the. e cw c. a r` o-2ti 0 c7 cf v i e 5 Tcl IO 9 ev a O p n G Retain a copyforyour records Farm 0405 -s2&2 web Rev 10/10 for 1011 page 2 Gaming permit4 dOC 1 t3 2011 ALASKA GAMING PERMIT APPLICATION GAMES OF CHANCE AND CONTESTS BF SKILL D izaron name r v N; 11 i? b 1/ c hr��rdco5 Facilit -based Games (self- directed „7 iorvt7an ND bed only for selr- directed pull -tabs and bingo Multiple- beneficiary Permittee Information (MBP) Designate the MBP with which the organization has signed a partnership or joint- venture agreement. Facility name 826 ch a separate sheet -187- sheet 826 noe.g ,p on fo cols) a nd feels) for each vendor listed below. Operator Information Designate operator who will conduct activities on the organization's behalf. Attach signed operating cot rac T(s). If more than one operator, attach a separate sheet. Gametype(s) Operator license a i Physical address Operator Facility name City State Zip 4 MBP permit d MOP name Physical address Game type(s) (ity State Zip +4 Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activili e 5 a;• ID ol^ it the. e cw c. a r` o-2ti 0 c7 cf v i e 5 Tcl IO 9 ev a O p n G Retain a copyforyour records Farm 0405 -s2&2 web Rev 10/10 for 1011 page 2 Federal8M 23 7318538 Iftenewing,enter gaming perrllt 0 2 Phone number (907) 832 5446 fax number (907) 832 5888 Organization name Webslte address Nen c B. lea si C Rc. www.nenanaakiceclassic.com Mailing address Has the alternate member passed the test? De DM Clay State Zip +4 P.O. Box 272 Nenana AK 99760 -0272 Entity type (check one) I Organization type (check one) for defini ions, see AS 05.15.690 and 15 AAC 160.995 NI Corporation 1tzi Charitable fraternal °olice or fire department Parmershio Civic or service ❑labor ❑Polldcai Assodation Dog mushers'assodation Municipality ❑Religious ❑Educational Nonprofit trade association ❑Veterans fishing derby association Outboard motor association IRADtative village Yes No Does the organization have 25 or more members who are Alaska residents as defined in your articles of incorporation or bylaws? Po m y' emb nCheroes signamre i Printed name sen Rainey Gene ,1 errs Date I t /zd Date ff 1 Presld t or otherofficer'z 5.g at ee instr0c0ions) c z mer Piloted name T eresa Mayrand Nternate Memberr in C harges signature dif7/ Printed name Philip Dennis Argall Printed name Date y o/tQ Date Manager &Games signature N/A Alternate memberfirstname Philp 14 D Al nate memberiastname Arga11 Email Social senidty number Daytimephnnenumber (907) 832 5441 Mobile number Home mailing address P.O. Box 286 City Nenana State 1 AK Zip +4 99760 0286 Has the alternate member passed the test? De DM Permit 0 under which test was taken New applicant 520 $D- $20,000 520 $20,001- $100,000 550 %I 100,001 or more 5100 Primary member first name ____Rorinev Social semrlty number 1Ml G _Lints I Primary member iast na rs Email Daytime phone number (907) 832 1004 Mobile numbe Home making address P.O. Bo 141 it Nenana. Sta AK lip +4 99760 -0141 Has the primary member passed the test? MIYe Pont 8 under which test was taken 2 2011 Alaska Gaming Permit Application Organization Information Members in Charge of Games Member Inharge must be natural manna and active members of the organization, or employees of the munidpallty, and designated by the organization. !Ambers in charge may not be licensed as an operator, be a registered vendor or an employee of a vender for this organization If more than one alternate, attach a eparate sheet. Mail to Alaska Department of Revenue -Tax Division PO Box 110420 Juneau, AK 99811 -0420 Phone (907))465 -2320• Fax (907)465 -3098 www.tdmizka.gov/garning 826 Retain a copy for your records Legal Questions These questions must be answered. If you answer Yes to either question, see instructions. DYes D9No Does any member of management or any person who is responsible for gaming Des EDO Hasany member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by ISAAC 160 .954? activities ever been convicted of a felony, extortion, or a violation of a Mw or ordinance of this stare, or anotherjurisdlction, that is a crime involving theft or dishonesty, or a violation of gambling laws? We declare, under penalty oftins fa6tficcoon that we have examined thisapplication, tndud?ng coy attachments, andrharto the begot our knowledge end belief ltis true and complete We understand :homily false statement mode on the appiice don re anyartarhmentsds punishable by law By our slgnaruresbelow, we the primary member, the alternate member. ondlf applicable, the manager of games, agree m allow the Departure fPever etoreviewany criminal hismrywe may have in accordance with 15 AAC 160934. One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory attachments. Pay online with OTIS at www.wx.oleskagov or make check payable to State of Alaska. New applicants must pay by check. -188- Permit Fee The permit fee is based on 2009 estimated gross receipts. Check the appropriate box. Form 0405 -826.1 web Rev 10/10 for 2011 page 1 reriiirllee Him uuattvn i Feder EN X O I i t`7 7 1 7 Gaming permit p 2 l. J Pe name �7 c K l e 1-1,11 it I4 r c l ?r e nd cb$t'i n Ph enu be Me '10/' 2`S� �'z -133 St erinm rge 1 vx% i Member [home phone number 90 °7 S( Vendor Information f eel jh or Soder SecudryHumberdeveuge dispensary Iliense Pacfage store license %29 Owntr name T, K t o a ".3 t e. e Business license 4 6 trine l�f�t� 1t j� k 6rs Phone number 9'07 2 62 -8470 r numbe 07. 62 57 .57 .Mal eess 7. U y I -Cg-X U 0 Pr. sl: al addressolvender to io Co Kern P S L p I '3 j r l „a 4 h lyendnrlpmn% 0/0 'hi n e.. horn conga, Fu✓ St le j AK wi, are TO 4 C e, ��r �v 0(1 re provide your sotialsetuniygun* o r f o�> 1�J 2011 Alaska Pull -tab Vendor Registration F registration is required for each vendor location. A permittee may not contract with more than five vendors at one time. Apply online at www.maloska.gov/gaming. Legal Questions These questions must be answered by the vendor. If thevendor answers Yes to any question, please submit the person% name, date of birth, social security number and position of respansibIlt Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or i ordinance of this state or another jurisdiction, that 1s a crime involving theft or dishonesty, or a violation of gambling laws? DYes No Do you employ or have a contract with the primary or alternate member in charge, officer, board member or manager of gaming for the above organization? Dyes Wig Do you have a contract other than a vendor contract with the organization listed above? Vendor Contract to Sell Pull -tabs Pursuantto AS 05.1 5188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull -tabs on behalf of the permittee, 0 of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 7096 of the ideal net from each game. AS 05.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull -tab series. AS 05.15.1880). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that a prize winner summary form will be completed for each pull -tab game and retained with those winning pull -tabs FS 05.11187M, and these records of pull -tab winners will be given To the permittee to retain for the required two or three years. AS 05.15.187(f). It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location 15 conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull -tabs, then all unopened and opened pull -tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160.490. We dedare,under penalty of unswom falsification, that we have examined this form, including attachments, and that, to the best of our knowledge and belief, it is true and complete, We understand that anyfa Ise statement made on this documentor attadrmentsis punishable by law m k. Yoe Signature et vend Print nalny Department use only: validati Registration Fee is $50 Pay online with 0115 at www tax.olaskagov or make check payable to State of Alaska. This registration form must be attached to a permit application form and will not be processed until the fee is received. Retain a copyforyour records 854 -189- Dale/ 854 val -6-/O Department use niyi date sump Form 0405 -854 web Rev 10410 for 2011 page 1 rem lt ttee 111tut1110uur1 Fe d 1 iEL 7 ✓✓1 ill ?Q 7 Gamin etn1 p Gaining l I P °rmineen n ame 1 P b sr. rt o H o 01e. rceD c(c e fiSTP, ,d,. p e e r Mem ber in ch g e .4 H.? t M ember in charge phonenumbeer 4 707 �f e 1 /3 3 Vendor Information E'ed Elf rS6tial emn Nnber• 9 1 Cy Beverage dispensary license 8, ,2 Bunn Bun IICPOSeS 9 3 `J Package stet licen se# UwnrprnamP p A il 'WI bgSineSi:! a r te Phone numb. s .U7 0 L 1hax number I Mailirlgadoiss J n,, i A L n Ph vsial address of vendor location 4 fu 0 9_ f 0 1 0 Cit}, K f S)ate Zlpe:4 lr? r ry/oj endor location !l M t! 1 4,— ...4. 4,,„ hi /ID rand Slate „.„m r rea,drvd ry 2fp e'.,�t'� d ((I�_ =vide MIT 2011 Alaska Pull -tab Vendor Registration A registration is required for each vendor location. A permittee may not contract with me than five vendors at one time. Apply online at wwwax.olaska.gov /gaming. Legal Questions These questions must be answered by the vendor. If the vendor answers Vest any question, please submit the person's name, date of birth, soda) security number and position of clYes b Has any member of management or any person who is responsible for gaming activities ever been convicted of a- felony, extortion, or a violation of a law Of respon stbjIsif ordinance of this state or another iurisdiaion,that is a crime Involving their or dishonesty, or a violation of gambling laws? [Yes`g'fdo Do you employ or have a contract with the pdmary or alternate member in chaNe, officer, board member or manager of gaming for the above organization? cites io Daynuhaveacontractotherthanavendorcontractwiththeorganizationlisted Vendor Contract to Sell Pull -tabs Pursuant to AS 05,15.188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permi tee listed ab ye The vendor further agrees that, as compensation for expenses incurred in selling pull -tabs on behalf of the permitteeN %of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at (east 708'6 of the ideal net from each game. AS 09188(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the pemrittee upon delivery of a pull -tab series. AS 05.15.188(1). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that a prize winner summary form will be completed for each pull -tab game and retained with those winning pull-tabs AS 05.15,187(i); and these records of pull -tab winners will be given to the permittee to retain for the required two or threeyears. AS 05.15.187(f). It Is further agreed that It is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. In is further agreed that, if the vendor Is no longer eligible to sell pull -tabs, then all unopened and opened pub -tab games shall be returned to the permittee within 10 days. If the permittee losesthe privilege to conduct gaming activities, then all unopened and opened pulkab games must be treated in accordance with 15 AAC 150.440. We dedare,under penalty of unsworn falsification, that we have examined this form, including attachments, and that, to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this document drments is punishable by taw. m ndo pate Slgna cfver Punted n ,me L/Itb gal A Department use on valldario Registration Fee is $50 Pay online with OTIS at www tax.olaska.gov or make check payable to State of Alaska. This registration form must be attached to a permit application form and will not be processed until the fee is received. Retain a copyfor your records 854 -190- Depanment use only: date stamp 854 Form 0405-854 web Rev 10/10 for 2011 page 1 �1 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF DECEMBER 15, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 3. Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms /Marathon Park Restrooms 2010," for the Total Amount of S96,000.00. 4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FY 11 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 5. *2011/2012 Liquor License Renewal Kenai Golf Course (License 44708) Copies of the ordinances and /or resolutions are available in the Office of the Kenai. City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas; City Clerk Posted: December 16, 2010 AGENDA DISTRIBUTION MAKE PACKETS ar7 COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: /2//5/020 1 Mayor /Council Attorney Clerk City Manager Police Department Senior Center Library (2) Fire Department Projects Manager Finance Airport Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Cary er Christine Clarion Mellish Schmidt Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. NOTICE OF PUBLIC HEARING DECEMBER 15, 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. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by S2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 3. Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms /Marathon Park Restrooms- 2010," for the Total Amount of $96,000.00. 4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FY 11 Shared Fisheries Business Tax Program and Certifying that this Allocation. Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 5. *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) 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 and /or resolutions 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: December 15, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http /www. ci.ke na i.a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control; to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. (Clerk's Note: Ordinance No. 2519 -2010 was postponed from the December 1, 2010 in order to allow for a further review of information and a second public hearing. The motion to adopt Ordinance No. 2519 -2010 is active and no additional motion to adopt is needed.) 2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 3. Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore RestroomslMarathon Park Restrooms 2010," for the Total Amount of $96,000.00. 4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FY11 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 5. *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by $23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E NE y NE Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 4. *Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE NE T6N, R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 5. *Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by $25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, TSN, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. 6. Discussion Schedule Work Session to Discuss Utility Rate Study. 7. Discussion Dip Net Report 2010 8. Discussion Request for Financial Support/Second Annual Industrial Outlook Forum EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 1. Reminder, the Advisory Cemetery Committee will sunset on December 31, 2010. Reminder, a work session scheduled for Tuesday, December 21 at 6:00 p.m. with the area legislators. A packet will be available by Friday afternoon sooner. My trip report for my Juneau trip to attend the Alaska Association of Municipal Clerks Conference and the AML Conference is in your mailbox. 4. A council meeting Streaming yse Data memorandum is in your mailbox...the total from August, 2009 through November 8, 2010 is 3,416. A more detailed breakdown is in the memorandum. id c q' aoa a 5. An updated draft Deputy Clerk Job Description is also in your mailbox for your review and comment. UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss: 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 Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26-Aug12 PUBLISHER'S AFFIDAVIT a printed copy of which is hereto annexed was published in said paper one each and every 1jjy for nne sueeessive and consecutive day in the issues on the following dares: ae_ceinla A SUBSCRIBEiD AND SWORN to me before this ?la day of December _2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http //www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf 1. Ordinance No 25194010 Amending Title 3 of the Kenai Municipal Code, "Animal Control." to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non-Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. (Clerk's Note: Ordinance No. 2519-2010 was postponed from the December 1, 2010 in order to allow for a further review of information and a second public hearing. The motion to adopt Ordinance No. 2519-2010 is active and no additional motion to adopt is needed.) 2 Ordinance No 25234010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 3. Resolution No, 201044 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms/Marathon Park Restrooms-2010," for the Total Amount of $96,000.00. 4 Resolution No 201045 Adopting an Alternative Allocation Method for the FY11 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 5 *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3 *Ordinance No 2524-2010 Increasing Estimated Revenues and Appropriations by $23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E Y2 NE NE Section 31, TEN, R11VV, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use and for Airport Purposes. 4. *Ordinance No, 2525-2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE NE TEN, R11W, Section 31, Seward Meridian, Third Judicial District Kenai, Alaska to be Retained by the City and Reserved for Public Use and for Airport Purposes. 5. *Ordinance No 2526-2010 Increasing Estimated Revenues and An. nropriations by $25,000 in the General Fund for the Purchase of Approximately 728 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, R11VV, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. 6. Discussion Schedule Work Session to Discuss Utility Rate Study. 7 Discussion Dip Net Report 2010 8. Discussion Request for Financial Support/Second Annual. Industrial Outlook Forum 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 M 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.akus. Carol L Freas, City Clerk D519/211