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HomeMy WebLinkAbout2011-01-05 Council PacketCOUNCIL MEETING DATE: Mayor /Council Clerk Police Department Senior Center Attorney City Manager Finance Airport Library (2) Fire Department- Projects Manager Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver 0g1 Christine Clarion Mellish Schmidt AGENDA DISTRIBUTION MAKE PACKETS COUNCIL PACKET DISTRIBUTION LA-0,W 11 Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. I I d ME Id 0 II Ci ea a. I d 1 Ci ea a. I h, h 5 fi 1 MI I 1 1 M I I I PORTER IT _1 IMOORE 1 I GABRIEL sino ki MOLLOY BOYLE 3KEY ea J W W W W cy 0000 COUNCIL MEETING OF: E W CA 0 z 0 I. no 0 as 0 a• it to 5 to m Q o 0 a 0 r v W V) z j1 Cr) 4 0 0 r7 4' r °Diet, C Vi /ao ADD TO: None. JANUARY 5, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ITEM G -4, 1/5/2011 T. Eubank, Finance Director, memorandum with Airport Permanent Fund 12/31/2010 balance and FY 11 transfer amount information. CONSENT AGENDA REQUESTED BY: FINANCE DIRECTOR ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. ken ai. ak. u s 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case th.e item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) Dennis Barnard Twin Cities Raceway /Stock Car Only Policy 2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track 3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Noise Mitigation Program for 2011 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 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 1 /2 NE 1 /4 NE 1/4, 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 2. 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, Rl1W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes 11 3. 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, T5N, 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 20 4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes 29 5. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System 31 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for S160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes 33 7. Resolution No. 2011 -04 Pertaining to the Authorized investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund 35 8. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart /Package Store (License #4544) 39 ITEM E: MINUTES 1. *Regular Meeting of December 15, 2010 43 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 58 2. Approval of Purchase Orders Exceeding S15,000 59 3. Approval Commission /Committee Member Term Renewals 60 4. Discussion Airport Land Permanent Fund 8I 5. Discussion Possible Amendments to the Election Code 82 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 88 4. Library Commission 91 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 92 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 96 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION 1) Concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues; and, 2) Concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials ITEM L: ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 5, 2011 Page No. 1/5/2011 Purchase Orders Between 52,500 and $15,000 for Council Review 111 2. Budget Transfer in Capital Projects in Excess of 5,000 3. 12/21/2010 K. Lyon memorandum: Recommended Harbor Commission Capital Projects Priority List- -FY12, FY13, FY14 112 4. 11/19/2010 W. Hogan, Commissioner, Department of Health and Social Services letter recognizing the City of Kenai's efforts in providing the Nutrition, Transportation and support Services grant and meeting or exceeding the Department's expectations 119 5. 12/7/2010 M. Wynschenk, Alaska Communications letter introducing Anand Vadapalli as President and CEO of Alaska Communications, effective February 1, 2011 120 6. 12/15/2010 C. Bannock, Ex. Director, Kenai Chamber of Commerce thank you letter 121 7. 2011 Alaska Gaming Permit Application La Societe des 40 Hommes et 8 Chevaux (American Legion Post 20) 122 8. 2011 Alaska Pull -Tab Vendor Registration La Societe des 40 Hommes et 8 Chevaux /Rosin Investments, d /b /a Upper Deck and The Place Bar Motel 125 tAt c of KEIAALASKA General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Non Departmental Land Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance CITY OF KENAI ORDINANCE NO. 2524 -2010 New Text Underlined' (DELETED TEXT BRACKETED) Suggested by: Administration 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' /s NE 1 /4 NE 14, 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: $23,000 23,000 $23,000 Increase Appropriations: Other Buildings Areas Land $23,000 Ordinance No. 2524 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE cm OF KENAI, ALASKA, this fifth day of January, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined' (DELETED TEXT BRACKETED] -2- PAT PORTER, MAYOR Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 MEMO: "Vi aye wit% a Past, Cc with a Fuuttve 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I Telephone: 907- 283 -7535 FAX: 907- 283 -3014 1992 TO: City Council FROM: Rick Koch DATE: December 9, 2010 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 1]. 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. Attached, please find an aerial photograph identifying the property and the approximate subdivision. If you have any Questions, please contact me at your convenience KPB Parcel #04301023 Owners Greta Robert Cox KPB Parcel #04301023 Owners Greta Robert Cox 4301023 SECOND A Subject Property OPTION TO PURCHASE This Option to Purchase is made on this, day of [tc-(.(✓wi►3 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, R11W, 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 '69 day of E&fJ 2011). 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. OPTION TO PURCHASE Page 1 of 4 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, closing shall occur within M2 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 hens, 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 maybe 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 OPTION TO PURCHASE Page 3 of 4 SELLERS BY: Greta Cox BY: s i^A-- r Robe ri L. Cox a husband and wife CITY OF ICENAI By: Ric R. Koc Its: City Manager State of Alaska ss Third Judicial District The foregoing instrument was acknowledged before me this P day of -CR.' 2010 by Greta Cox. Notary Public of Alaska My Commission Expires: Wrfl O [CE- State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this (2I day ofDEEM1i 2010 by Robert L. Cox. OPTION TO PURCHASE Page 4 of 4 s s State of Alaska ss Third Judicial District The foregoing instrument was acknowledged before me this day ofQL(,S 4& 4- 2010 by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: M11 6FFICF, -10- Notary Public of Alaska My Commission Expires: GrnCF do city of KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2525 2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S80,000 IN THE GENERAL AND AIRPORT FUNDS FOR THE PURCHASE OF APPROXIMATELY 40 ACRES OF PROPERTY DESCRIBED AS SE '/i NE '/q, 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. WHEREAS, the total purchase price for 40 acres is 5160,000 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 Increase Appropriations: Non Departmental Land $80,000 Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Other Buildings Areas Land $80,000 New Text Underlined (DELETED TEXT BRACKETED) $80,000 $80,000 Ordinance No. 2525 -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: PAT PORTER, MAYOR New Text Underlined DELETED TEXT BRACKETED] -12- Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 KENAI, ALASKA U MEMO: 'Nye with a Past, Cc `ty with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 illll'l TO: City Council ',A 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, S.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. -13- 7992 Attached, please find an aerial photograph identifying the property and the approximate subdivision. If you have any questions, please contact me at your convenience -14- KPB Parcel #04301008 Owners lint D. Hall P .,w, attt,; �.:a...�,..�. ,.>...�,...,r„,,- -15- KPB Parcel #04301008 Owner Clint D. Hall -16- OPTION TO PURCHASE This Option to Purchase is made on this C (7 of 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 begin on the 7 'day of g010 and expire at 11:59 PM on the day of 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 Terrn 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. 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. 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. OPTION TO PURCHASE Page 1 of 3 -17- 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 CO 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 execued copy of this agreement. The parties have had the option to consult an attorney of then 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 -18- State of Alaska Third Judicial District State of Alaska Third Judicial District OPTION TO PURCHASE Page 3 of 3 ss ss Clint D. Hall CITY OF KENAI By: Rick Its: City Manag -19- The foregoing instrument was acknowledged before me this Z day of NS liana 2010 by Clint D. Hall. Notary Public of Alaska My Commission Expires: EKB o rb The foregoing instrument was acknowledged before me this 21 day of NsVOine,E 2010 by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires:W Ttt WP7c- Mc sit). of CITY OF KENAI KEMAL ALASKA U 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, TSN, R..11W, 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 New Text Underlined• [DELETED TEXT BRACKETED; _20_ Suggested by Administration PAT PORTER, MAYOR $25,000 Introduced: December 15, 2010 Adopted: January 5, 2011 Effective: January 5, 2011 KENAI, ALASKA V MEMO: "Village with a Past, Gc with a Futrsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I Telephone: 907- 283 -7535 FAX: 907 283 -3014 II I 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. -21- 1997 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 -22- KPB arcel #4916017 Owners Mica A. McKeever Donald L. Adrienne L. Goforth �i .+..:llyri r ft nr11.4,. gym. i +y y #t '1 rig µ.ms }ti'.h 'Try :i you. r -23- KPB #04916017 Owner Alice A. MeKeeve -24- OPTION TO PURCHASE This Option to Purchase is made on this A0 day of 0 2010 between the City of Kenai, 210 Fidaigo, 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 00 day of 2010 and expire at 11:59 PM on the f day of f Vnt 2014, 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 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 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 refundabte 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 th Property. The Seller shall not refund the fee if the Buyer fails to exercise the Option to Purchase or falls to close on the property through no fault of the Selier. 4. PURCHASE PRICE. The total purchase price for the Property is $25,000.00 (Twenty five 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. OPTION TD PURCHASE Page 1 of 4 -25- 7. CLOSING AND SETTLEMENT. If Buyer timely exercises its option granted hereunder, closing shall occur within 4(1 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 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. 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 -26- State of Alaska Third Judicial District State of Alaska Third Judicial District 2010 by Donald L. Goforth, OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS 4 NOTARY PUBLIC U Comm. Eepires f�- j 5 `✓Ci✓ State of Alaska OPTION TO PURCHASE Page 3 of 4 ss ss SELLER e ,L. P. FOLi/YP^ Po 79 BY; Peri 12-gec,e F 1'7 V 7,9/ Alice A. McKeever p BY: rr aS G_ Donald L. Goforth BY: Adrienne L. Goforth CITY By: Ric; K Its: City Manager -27- The foregoing instrument was acknowledged before me this The foregoing instrument wa d before me this 3 day of 2010 by „r:_ eve ka. 1464 A Notary Public of Alaska My Commission Expires: ob et day of De ofary Public of Alaska My Commission Expires: Fi -t< ottl- r Third Judicial District The foregoing instrument was acknowledged before me this i 2010 by Adrienne L. Goforth. 4 OFFICIAL SEAL STATE OF ALASKA CARL C. LEWIS NOTARY PUBLIC State of Alaska Third Judicial District OPTION TO PURCHASE Page 4 of 4 ss -28- day of uc -c Notary Public of $laska My Commission Expires: The foregoing instrument was acknowledged before me this (i day ofIV 2010 by Rick R. Koch, City Manager for the City of Kenai, Notary Public of Alaska My Commission Expires: Wlila C� u «rn. f KEAA ALASKA CITY OF KENAI RESOLUTION NO. 2011 -01 Suggested by: City Manager A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF APPROXIMATELY 20 ACRES OF PROPERTY DESCRIBED AS E Y NE 'A NE IA, SECTION 31, T6N, R11W, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA FOR $46,000 TO BE RETAINED BY THE CITY AND RESERVED FOR A PUBLIC USE AND FOR AIRPORT PURPOSES. WHEREAS, KMC 22.05.135 states that the City may purchase real property after authorization by the City Council; and, WHEREAS, the purchase of the property would preserve a natural drainage -way at the perimeter of a residential area; and, WHEREAS, the City Manager desires the City to purchase a portion of this property to preserve a natural drainage -way and reserved for a potential future site of a City trail system and airport purposes; and, WHEREAS, the owners of the property desire to sell the property to the City of Kenai for $46,000.00; and, WHEREAS, the City Manager has ordered an appraisal of the property as required under KMC 22.05.135 which shall be available to the Council prior to the purchase being finalized; and, WHEREAS, the owners of the property and the City of Kenai have entered into an option to purchase agreement giving the City of Kenai the option to purchase the property for $46,000.00; and, 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 property to be subdivided at a later date; 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 resen'ed for a future trail, to preserve the drainage -way and for Airport purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, authorizes the purchase of approximately 20 acres of property described as E2. NE4, Section 31, T6N, R11 W, Seward Meridian, Third Judicial District, Kenai, Alaska for $46,000 to be retained by the City and reserved for a public use and for airport purposes. -29- Resolution No. 2011 -01 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 -30- PAT PORTER, MAYOR h c< ty yr KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2011 -02 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF APPROXIMATELY 7.28 ACRES OF PROPERTY DESCRIBED AS T5N RI 1 W, SECTION 4, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA FOR $25,000.00 TO BE RETAINED BY THE CITY FOR THE PURPOSE OF MAINTAINING A COMPONENT OF THE CITY'S STORM DRAIN SYSTEM. WHEREAS, KMC 22.05.135 states that the City may purchase real property after authorization by the City Council; and, WHEREAS, the purchase of the property would provide City ownership of the storm drain system for future repair and maintenance; and, WHEREAS, the City Manager desires the City to purchase this property to be retained by the City and reserved to preserve the drainage right of way; and, WHEREAS, the owner of the property desires to sell the property to the City of Kenai for $25,000.00; and, WHEREAS, the City Manager has ordered an appraisal of the property as required under KMC 22.05.135 which shall be available to the Council prior to the purchase being finalized; and, WHEREAS, the owner of the property and the City of Kenai have entered into an option to purchase agreement giving the City of Kenai the option to purchase the property for 525,000.00; and, WHEREAS, it is in the best interest of the City of Kenai to purchase the above described property for the purpose of maintaining a component of the City's storm drain system. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, authorizes the purchase of apprwdmately 7.28 acres of property described as T5N RI1W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be retained by the City for the purpose of maintaining a component of the City's storm drain system. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of January, 2011. -31- Resolution No, 2010 -02 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk -32- PAT PORTER, MAYOR the ci y of KEKAl. ALASKA CITY OF KENAI RESOLUTION NO. 2011 -03 Suggested. by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, AUTHORIZING THE PURCHASE OF APPROXIMATELY 40 ACRES OF' PROPERTY DESCRIBED AS SE 1/4 NE, T6N, R I 1W, SECTION 31, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, KENAI, ALASKA FOR $160,000.00 TO BE RETAINED BY THE CITY AND RESERVED FOR PUBLIC USE AND FOR AIRPORT PURPOSES. WHEREAS, KMC 22.05.135 states that the City may purchase real property after authorization by the City Council; and, WHEREAS, the purchase of the property would preserve a natural drainage -way at the perimeter of a residential area; and, WHEREAS, the City Manager desires the City to purchase this property to be retained by the City and reserved for public use; and, WHEREAS, the purchase would provide the City's airport additional property reserved for airport purposes; and WHEREAS, the owner of the property desires to sell the property to the City of Kenai for 5160,000; and, WHEREAS, the City Manager has ordered an appraisal of the property as required under KMC 22.05.135 which shall be available to the Council prior to the purchase being finalized; and, WHEREAS, the owner of the property and the City of Kenai have entered into an option to purchase agreement giving the City the option to purchase the property for $160,000; and, 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 +r- 20 acres) of property to be subdivided at a later date; and, WHEREAS, it is in the hest interest of the City of Kenai to purchase the above described property to be retained by the City and reserved for a future trail, to preserve the drainage -way and for Airport purposes. -33- Resolution No. 2011 -03 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED'BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, authorizes the purchase of approximately 40 acres of property described as SE 1/4 NE T6N, R11W, Section 31, Seward Meridian, Third. Judicial District, Kenai, Alaska for $160,000 to be retained by the City and reserved for a future trail, to preserve a drainage -way through the City and for airport purposes. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. this fifth day of January, 2011. ATTEST: Carol L. Freas, City Clerk -34- PAT PORTER, MAYOR the c■ y' NENA ALASKA CITY OF KENAI RESOLUTION NO. 2 011 04 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PERTAINING TO THE AUTHORIZED INVESTMENTS OF, THE INVESTMENT ALLOCATIONS OF, AND ESTABLISHING APPROPRIATE BENCHMARKS TO MEASURE PERFORMANCE OF THE AIRPORT PERMANENT FUND. WHEREAS, the City of Kenai Council is authorized to establish investment policies for the Airport Permanent Fund; and, WHEREAS, the KMC 7.30.050 (b) permits investment of the Airport Permanent Fund in various asset classes and the Council believes that establishing asset allocation criteria for these various asset classes is in the best interest of the City of Kenai; and, WHEREAS, the Council intends to annually review the asset allocations and performance of the Airport Permanent Fund; and, WHEREAS, providing benchmarks to measure the performance of the fund is prudent. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council designates the following investments for the Airport Permanent Fund: AUTHORIZED INVESTMENTS FOR THE AIRPORT PERMANENT FUND (1) Investments authorized by KMC 7.22.030 (2) Corporate obligations of investment grade quality as recognized by a nationally recognized rating organization. If, after purchase, these obligations are downgraded below investment grade, they shall be sold in an orderly manner within ninety days of downgrading. (3) Domestic Equities, which taken as a whole, attempt to mirror the characteristics or replicate the Standard Poor's 500 Index, including both mutual funds and exchange traded funds ETF's). (4) Domestic Equities, which taken as a whole, attempt to replicate the Standard Poor's 400 Mid -Cap Index, including both mutual funds and exchange traded funds (ETF's). (5) Domestic Equities, which taken as a whole, attempt to replicate the Standard Poor's 600 Small -Cap Index, including both mutual funds and exchange traded funds ETF's). (6) International Equites, which taken as a whole, attempt to replicate the Morgan Stanley Europe, Australasia, Far East (EAFE) Index, including both mutual funds and exchange traded funds (ETF's). (7) Equities, which taken as a whole, attempt to replicate the universe of domestic real.- estate investment trusts as represented by the Standard Poor's REIT composite index, including both mutual funds and exchange traded funds (ETF's). -35- Resolution No. 2011 -04 Page 2 of 3 (8) Emerging Market Equities, which taken as a whole, attempt to replicate the Morgan Stanley Emerging Market Index including both mutual funds and exchange traded funds (ETF's). BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, that the Council adopts the asset allocations and performance measurement standards as follows: AIRPORT PERMANENT FUND ASSET ALLOCATION PLAN AND PERFORMANCE MEASUREMENT TARGETS Section 1: The Asset Allocation Plan and Target Weightings with range restrictions are as follows: ASSET CLASS TARGET WEIGHTING RANGE Fixed Income 45 40 -65 Large -Cap Domestic Equity 20 15 -25 International Equity 10 5 -15 Mid -Cap Equities 10 5 -15 Small -Cap Equities 5 0 -10 International Emerging Markets 5 0 -10 Real- estate equities 5 0 -10 Section 2: The performance of the Fund and investment managers will be measured as follows: Performance measurement of the Fixed Income allocation will be measured against the Target weighting, using the Barcleys Intermediate Government /Credit Index for the benchmark. Performance measurement of the Large -Cap Domestic Equity allocation will be measured against the Target weighting, using the Standard Poor's 500 Index for the benchmark. Performance measurement of the International Equity allocation will be measured against the Target weighting, using the Morgan Stanley Europe, Australia, Far East (EAFE) Index for the benchmark. Performance measurement of the Mid -Cap Equity allocation will be measured against the Target weighting, using the Standard Poor's 400 Mid -Cap Index as the benchmark. Performance measurement of the Small -Cap Equity allocation will be measured against the Target weighting, using the Standard Poor's 600 Small -Cap Index as the benchmark. -36- Resolution No. 2011 -04 Page 3 of 3 Perfounance measurement of the International Emerging Markets allocation will be measured against the Target weighting, using the Morgan Stanley Emerging Markets Index as the benchmark. Performance measurement of the Real- Estate Equities allocation will be measured against the target weighting, using the Standard 8 Poor's REIT Composite Index as the benchmark. PASSED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -37 PAT PORTER, MAYOR ehe c NAl,ALASKA To: Rick Koch, City Manager From: Terry Eubank Date: December 22, 2010 "Village with a Past, c# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Re: Airport Land Sale Pert anent Fund Investment Authorized Investments and Asset Allocation Plan for CY2011. Pursuant to KMC 7.30.020 the Council shall annually designate by resolution the authorized investments and allocation plan for the Airport Land Sale Permanent Fund. Resolution 2011 -04 reauthorizes the authorized investments and allocation plan used by the Fund since inception in September 2008. $17,281,883 was invested in September 2008 and since the fund has transferred $1,174,312 to the Airport Special Revenue Fund and had a market value of $21,101,151 at November 30, 2010. The portfolio has returned nearly 13% since September 2008. In contrast the City's investment portfolio has yielded between 3.0% and 0.85% for the same period. When originally adopted the investment model being used was projected to return 8.0% annually. Due to depressed rates in the fixed income portion of the portfolio (which constitutes 40 -65% of the portfolio's value) the current projected rate of return for the portfolio is 7.1% annually. Risk of the portfolio is measured in standard deviation from the expected rate of return. One standard deviation is equal to about 66% of all possible outcomes and two standard deviations is equal to about 95% of all possible outcomes. 66% (one standard deviation) of the time, the portfolio is expected to return between (5.0) and 19.2 with an average return of 7.1 95% (two standard deviations) of the time, the portfolio is expected to return between (12.3) and 26.5 At this time it is not being recommended to change the portfolio's investments or their allocations, Over time it is expected that the fixed income markets will return to historic rates of return and should return the portfolios performance to the 8% level. -38- January 6, 2011 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board. 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 2011 /2012 LIQUOR LICENSE RENEWALS Don Jose's Mexican Restaurant At its regular meeting of January 5, 2011, 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. Don Jose's LLC, d/b /a Don Jose's Mexican Restaurant (Beverage Dispensary, License #3039) 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 -39- December 14, 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 a FAX: (907) 714 -2388 Toll -free within the Borough: 1 -800- 478 -4441 Ext. 2160 Email: assemblyclerk ©borough,kenai.ak.us Don Jose's Mexican Restaurant Beverage Dispensary City of Kenai 3039 -40- JOHN! BLANKENSHIP BOROUGH CLERK January 6, 2011 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 2011/2012 LIQUOR LICENSE RENEWAL 2 Go Mart At its regular meeting of January 5, 2011, 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. Tesoro Northstore Company, d/b /a 2 Go Mart (Package Store, License #4544) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk cif cc: Kenai Borough Clerk KPB Finance Department Applicant -41- December 14, 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 -2368 Toll -free within the Borough: 1- 800 -478 -4441 Ext, 2160 Email: assemblyclerk ©borough.kenai.ak.us 2 Go Mart Package Store City of Kenai 4544 -42- JOHNI BLANKENSHIP BOROUGH CLERK ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /cvww.ci.Icenai ak us 1. PIedge 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 minutes per speaker) 1. Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation ITEM C• UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 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.) -43- 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 $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 E: MINUTES 1. *Regular Meeting of November 23, 2010. 2. *Regular Meeting of December 1, 2010. 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 1 /2 NE 1 /4 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. 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 /9 NE pis, 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, T5N, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and -44- 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 ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 min utes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item. lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -45- ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Mike Boyle, Vice Mayor Brian Gabriel Robert Molloy KENAI CITY COUNCIL REGULAR MEETIN DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS b.ttp: /www. ci.ken.ai.ak.us MAYOR PAT PORTER, PRESIDING Pat Porter, Mayor nTerry Bookey MINUTES A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL MOTION: Joe Moore Ryan Marquis Council Member Moore MOVED for approval of 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: Council Member Moore MOVED to approve the consent agenda as presented and. requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. -46- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comrn limited to 10 n emotes per speaker) Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation Representing the Friends of the Library, Mr. Shiflea presented a check to the City in the amount of $60,000 toward the Library Expansion Project. Shiflea noted, the funds represented individual small businesses and corporate donations and, to date, the total donations presented through the Friends totaled $475,000. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Dennis Barnard, 335 Dolehok Lane, Kenai Reported his concerns related to the amount of noise generated from ATVs and motorcycles from the Twin Cities Raceway and filtering to his neighborhood. Barnard requested the City to protect him and his neighborhood from the noise pollution, he identified the noise lasted to at least 10:00 p.m., and he was fearful the noise pollution would devalue his and neighboring properties. Robert Flanders, 4769 Beaver Loop Road, Kenai Reported he lived on the corner of Togiak and Beaver Loop and was concerned about noise from the Raceway; explained Beaver Loop Road was a funnel for four- wheelers and motorcycles heading to the Raceway; he had complained to the Police Department many times; in addition to the racing along the Road, there was also a lot of dust; snow machines used the Road for racing in the winter; and, he was concerned the activities would affect his property value. Nadia Daggett, 51235 Kenai Spur Highway, Nikiski Stated she hoped the City would redo the wind study with accurate data, i.e. using data from the Airport and different sizes of apparatus. Liisia Blizzard, Kenaitze Indian Tribe Representative Reported on the Tribe's involvement with the subsistence fishery and noted concerns it had with. the Dip Net Fishery, i.e. garbage problems, vandalism of the Tribe's fish sites, etc. Blizzard noted the Tribe assisted in cleaning of garbage along the beach and was thankful for the City's placement of protective fencing to protect the dunes. Blizzard offered some suggestions including providing information related to protection of the environment; provide information related to tides; placement dumpsters for garbage collection; limit the fishery to Kenai Peninsula only; and, close the beach to camping. -47- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 3 It was noted Mayor Porter and City Manager Koch discussed the Dip Net Fishery with representatives from the Tribe and some of those comments should be added into the report. ITEM D: D -1. MOTION TO POSTPONE: 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. (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.) The floor was opened to public hearing, Karin Koester, 845 Set Net Drive, Kenai Koester noted she was a member of the Planning Zoning Commission and reviewed issues the Commission discussed in developing the ordinance and urged support and approval of Ordinance No. 2519- 2010. With no others wishing to speak, the public hearing was closed. Council discussion followed, including: Council Member Molloy noting he felt the ordinance needed additional work and would support postponing action on the ordinance to allow for a substitute to be developed that would provide better definition of commercial versus non- commercial kennels (changing private to non commercial), changes to the application process, references in the Land Use Table, appeal process concerns, including noticing, and, because much of the ordinance had good points, a substitute ordinance could be developed to address areas mentioned. Council Member Molloy MOVED to postpone Ordinance No. 2519 -2010 to the second meeting in February and for an additional public hearing with the intention there would be a substitute. Council member Boyle SECONDED the motion. Comments included: Administration would work with the Planning Zoning Departmen Animal Control, Public Safety and any other department suggested by the City Manager to develop a substitute ordinance. -48- Boyle Yes Porter I No Moore No Gabriel No Booker 1 Yes Mar.uis No No Molloy Yes 1 KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 4 Question of whether the ordinance could be passed and a separate ordinance could be developed to address the identified concerns. Belief the ordinance as presented was workable and did not support the motion to postpone. Belief the ordinance should be voted up or down and not develop a substitute. VOTE ON POSTPONEMENT: *Student Representative Coffman: No MOTION FAILED. VOTE ON ORDINANCE: *Student Representative Coffman: Yes No Porte Yes Boyle Gabriel. Molly MOTION PASSED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:10 P.M. D -2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General. Fund for State Traffic Grant Overtime Expenditures. MOTION: Yes Bookey No Council Member Marquis MOVED to enact Ordinance No. 2523 -2010 and Council Member Bookey SECONDED th.e 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. VOTE: *Student Representative Coffman: Yes -49- 0 Moore Marquis Yes Yes Boyle i Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy j Yes I Boyle Yes Porter Yes Moore Yes [Gabriel Yes Bookey Yes Marquis Yes I Molloy Yes KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 5 MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2010 -64 and Council Member Molloy 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 the estimated completion date for the project was June 15, 2011 and costs for the project would be covered by funds received from past dip net fisheries and state grant funds received last year. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. 0-4. 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. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2010 -65 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: -50- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 6 There were no objections. SO ORDERED. D -5. *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of November 23, 2010 Approved by consent agenda approval. E-2. *Regular Meeting of December 1, 2010 Approved by consent agenda. approval. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills, Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $15,000. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by $23,000 in the General and Airport Rinds for the Purchase of Approximately 20 Acres of Property Described as E l NE -51- KENAI CITY COUNCIL MEETING DECEMBER 15,2010 PAGE 7 Introduced by approval of consent agenda. G -4. Introduced by approval of consent agenda. G -5. Introduced by approval of consent agenda. G -6. Discussion Schedule Work Session to Discuss Utility Rate Study. Council scheduled a work session to discuss the Utility Rate Study for February 16, 2011 beginning at 5:30 p.m. G -7. Discussion Dip Net Report 2010 In order to allow the public to comment, a work session was scheduled for February 15, 2011, beginning at 6:00 p.m.. Administration was requested to invite representatives from the Kenaitze Indian Tribe. G -8. Discussion Request for Financial Support/Second Annual Industrial Outlook Forum Mayor Porter requested Council's approval to sponsor half the cost of the second day's morning break cost (other half to be sponsored by the City of Soldotnal. MOTION: NE VI, Section 31, T6N, R1IW, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. *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 Y4 NE a, 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. *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, T5N, 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. -52- Boyle Yes Porter Yes Moore Yes Gabriel Yes I Bookey Yes Marquis Yes Molloy Yes 1 KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 8 Council Member Boyle MOVED to approve the sponsorship in the amount of $250.00 for the Friday morning network break and Council Member Moore SECONDED the motion. VOTE: `Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. ITEM H• COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the December 9, 2010 meeting summary which was included in the packet. H -2. Airport Commission Council Member Marquis reviewed the December 9, 2010 meeting summary which was included in the packet. H -3. Harbor Commission Interim Public Works Director Lyons reported a meeting was held on December 13 and reported the Commission recommended approval of the Capital Improvement Project list as submitted and would review the Dip Net Report at its January 10, 2011 meeting. H -4. Library Commission Council Member Marquis reported there was no quorum for the December 7 meeting and the next meeting was scheduled for January 4, 2011. H -5. Parks Recreation Commission Council Member Gabriel reviewed the December 2, 2010 meeting summary which was included in the packet. H -6. Planning Zoning Commission Council Member Bookey reviewed the December 8, 2010 meeting minutes which were included in the packet. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported a meeting was held December 6 during which the Board discussed the -53- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 9 holiday work session and noted, Assembly Member Smalley would be joining the Board in April. H -7e. Reports of KPE Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Provided Council with hats and gift cards to re -gift. Requested an executive session be scheduled for the January 5, 2011 related to concerns that could possibly effect and prejudice the reputation and character of another and it would be regarding a possible violation of city ordinances by elected officials. Council Member Boyle explained, the proposed executive session would be because he was in violation of a City code; he talked with an individual of the City and discussed the issue; he received a certified letter with a deadline of December 25 (which had not yet arrived), thus it was not an issue for the body at this time; he felt it was a matter of personal business between him and the City; and, he bought new tags for his truck and he was no longer in violation. Mayor Porter stated her desire to still schedule the executive session. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: If no objections of Council, he would increase the level of participation in the Flex Savings Account to $5,000. The increase would become effective before December 31, 2010. No objections were noted by Council. He attended the Borough Planning Commission meeting where the Commission did not approve the Borough Administration's recommendation to move ahead with its lease with the Racing Lions. Koch gave a brief report on the City's efforts to acquire property in the same area for wellhead protection and two wells to be drilled in that area. He also noted, Administration needed direction of Council with regard to its position with the Racing Lions lease renewal, i.e. whether it wanted to take a position. Also involved were the concerns of a change in use, historical use of the race track, zoning issues (which could be addressed separately), etc. Council's concurrence was not to take a position on the lease and that a letter be sent to the Racing Lions to notify them of the City's Conditional Use Permit process (with City Attorney review) a.nd copies of the letter be sent to the gentlemen who testified earlier in the meeting. The Governor's Capital Budget included funding to the City for water transmission mains and the cross connection on Swires. There were no funds included for the bluff erosion project or the Personal Use Fishery. -54- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 10 He met with Department of Environmental Conservation and believed they would be able to fund totes for fish waste, signage, and signage flyers for the Personal Use Fishery. He understood there were jurisdictional issues with law enforcement with regard to the comments made by the Kenaitze Indian Tribe representative, i.e. having the City respond to their concerns would have to come as a request from the State Troopers. The City received four Comprehensive Plan Update proposals. Interviews would begin in early January. Wished all Merry Christmas. Questions /comments to the City Manager included: Suggestion to discuss a proposed licensing charge for the fishery with Senator Wagoner. Progress of the community playground? The topographical survey had been completed and forwarded to the landscape architect. A cost estimate and preliminary design should be available in mid January. Concern expressed about a large leaning tree at the park and whether it should be cut down. Carpeting at the Teen Center? The flooring would be sheet. goods except carpeting in the pool room and. TV lounge. Thickness of ice at the Daubenspeck Park? The pon.d would probably be ready in ten days, would be plowed out, and lighting placed. A notice would, be placed in the paper at Community News. Suggestion the Parks Recreation Commission /Beautification Committee discuss a beautification theme for winter displays. Meeks' Crossing Bridge? Should be placed this winter. J -2. Attorney Attorney Stearns wished all happy holidays. J -3. City Clerk City Clerk Freas noted the following: Reminded, Council the Advisory Cemetery Committee would sunset on. December 31, 2010. Reminded Council, a work session was scheduled for Tuesday, December 21 at 6:00 p.m. with area legislators. She prepared her Juneau trip report and it was available in the Council's mailboxes. A report on the streaming use data was prepared and available in the Council's mailboxes (total visits from August, 2009 through November 8, 2010 was 3,416 or an average of 200 a month). An updated draft Deputy Clerk job description was prepared and available in the Council's mailboxes. She requested Council's review and comments of the draft document. ITEM K: ADDITIONAL PUBLIC COMMENT -55- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 11 K -1. Citizen Comments None. K -2. Council Member Comments Porter Wished all happy holidays. Coffman Gave a brief report on activities and events going on at the Kenai Central High School. Marquis Thanked Porter for the gifts, thanked the Friends of the Library gift, and encouraged all to view the lunar eclipse on December 20, 2010. Molloy Thanked Porter for the gifts; thanked the Friends of the Library for its gift; thanked the City Manager, City Clerk, and City Attorney and employees for their work done during the year; thanked the public for its comments and participation over the year; and, wished all a Merry Christmas. Boyle Reported he would be unable to attend the work session on December 21 as he would be on leave and wished the Council, City Clerk, City Attorney, Citiy Manager and employees happy holidays. Moore Commended the Harbor Commission for its thorough report; thanked Porter for the gift; stated his appreciation for Mrs. Daubenspeck's letter; and, thanked the Council and the City for the flowers sent for his step father's funeral. Gabriel Thanked Porter for her gift; thanked the speakers; thanked the Friends of the Library for its gift; and, wished all Merry Christmas and Happy New Year. Bookey Thanked Porter for the gift; encouraged all to adopt a hydrant through the Fire Department; thanked Friends of the Library for its gift; requested the leaning tree at the park not be cut down; and wished all happy holidays. EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:46 p.m. -56- KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 12 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 not move or second items during a council meeting. -57- z 0 1- 0 U 1 0 z O cc U O W o W N Z N 2 r CC 2 o o 0 o O LL N o N 0 C4 Z w O w co 5 z W E z 0 Z M Z 0 O 0 M to QI ro 0 Q 0 0 z w H z 0 0 E co co w UJ Q w w E E J_ J_ W F 0 r V) V) F D o o m a E a i 0, Q z z w -58- 0 0 Z w 1 0 0 a a J U z O U Q W 111 tri z U 2 r O d O W -59- z O WANT TO CONTINUE TERMS NO RESPONSE Library Commission Eileen Bryson Sharon Harris Craig Fanning Resigned Parks Recreation Commission Benjamin Gilman Dale Sandahi Resigned Harbor Commission Bob Peters Phillip Morin Beautification Committee Peggy B axter Airport Commission Glenda Feeken Eric Mayer Council on Aging Joanna Bonier Linda Flowers Planning Zoning Commission Jerry Brookman Scott Romain KE iii;ALAsva Ny Mayor and Council Members TO: FROM: Carol L. Freas, City C DATE: December 22, 2010 MEMO NDUM RE: COMMISSION /COMMITTEE TERM RENEWALS 'Village with a Past, Gc y with a Fcctgre" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us Following are the members of city commissions, committees, and boards who have terms ending in January, 2011. All these members were sent a letter requesting they complete an application form as requested by Council (2006). A follow -up email was also sent. Those who have submitted their application are listed as "Want to continue terms." Attached for your information are the attendance records for 2010 meetings, along with the applications for reappointment. Does Council wish to renew appointments of the above persons to the Commissions /Committee? What action does Council wish to take with those who did not respond? -60- N ALASKA \Ty-- November 9, 2010 Glenda Fecken Airport Commission 10672 Kenai Spur Highway, r 109 Kenai, AK 99611 RE: COMMISSION /COMIFITTEE TEAM_ REAPPOINT ENT CITY OF KENAI Carr L. Fre.as City Clerk clf cc: Airport Manager Bondurant 'Village with a Past, Gs y with a Fistgre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www,ci,kenai.ak.us -61- Dear Commissioner Feeken: Your term on the Airport Commission ends in January, 2011. This letter is written to inquire if you want to be reappointed to the Commission for another three -year term. If you are interested in continuing your appointment, the Kenai City Council has requested you complete the enclosed Application for Appointment and return it to me. The completion of the application will update our records of any changes in your contact information and will give us notice of your desire for reappointment. If you are interested in reappointment, please return the completed Application to me by MONDAY, DECEMBER 20, 2010. If yon Have any questions, please contact me at 283 -7535, extension 231 or email me at cfreasThci.kenai.ak.us. Thank you for the time and effort you have given thus far. We appreciate your continued interest! Caro! Freas From: Carol Freas Sent: Thursday, December 09, 2010 4:47 PM To: 'Iflowers @cpcservices.org'; 'dsandahl @gci. net; 'Shorty.b.baller @hotmail.com'; Craig. fanning@ usw. salvationarmy .org';'mlbax @acsalaska.net° 'sromain @alaska.net; 'brookman@alaska.net Subject: Application /New Term Attachments: ACommission Application Form.doc Good afternoon all, I am writing to remind you to complete and submit the attached application if you are interested in renewing your membership to your commission, committee or Council on Aging. Please complete the application and return it to me either by mail, email or drop it by my office by December 20, 2010 please. Thanks!!! And Happy Holidays... Carol Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -8231 Fax: (907) 283-5068 -62- the ci o f KENAI. A LASKA Residence Address EMPLOYER: (c r v€cv'i eo clVef NAME OF SPOUSE: 'Fhlhy (A) cl'JUrt'7✓1 Current membership in organizations' c CITY OF KENAI silage with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSiONS RECE NOV f6 2010 KENAI my CLERK. �7 Resident of the City of Ken T'� ai? S How long? OE SZ I-2 "MA 1 ($twe (Flit I, -Bask' c: DO WHY DO OP WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Oa? 0.S- 1-f'Q.. \Jdu432v kffidt. 1 ''1k cinCU 4Lovf t; I r Job Title COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: /..t Signature -63- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283.5068. Mailing Address ..�111: Home Telephone No ll 1 L J Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what informati. may we include? Y aA Aral r "I. =It c uvk, ;ea 7 a' S st organizational memberships• U fi' kf -Kite 1 ali ii\ S tC I7V aS abovQ I IA WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBE':SHIP? 111 46 j ru a a 5vt ago 0c f rn a Cytnr' iltr, Carol Freas From: Craig Fanning [craig .fanning @usw.salvationarmy.orgl Sent: Thursday, December 09, 2010 5:05 PM To: Carol Freas Subject: Re: Application /New Term Carol, I do not think I will be remaining on the Library Commission, but thank you for the follow up, I have been known to forget things. Thank you for the opportunity fill out the existing term. Craig 1 -64- Carol Freas From: Sent: To: Subject: Hi Dale, I'm sorry to hear your decision, but understand your reasons for making that decision. It has been a pleasure to work with you for so many years and tflank you for your long devoted interest in the City's development, maintenance, and, short and long-range planning of the City's park and recreational facilities. I'll miss your visits and our chats... Carol From; Dale and Barb rnto:dsandahfgcLnrij Sent: Thursday, December 16, 2010 2:23 PM To: Carol Freas Subject: Re: Application/New Term Dear Carol, Close to thirty years ago a much younger man of forty became a Parks and Rec Commissioner for the City of Kenai. The experience was and is enjoyable as the nature of the Commission is close to my interests. I believe the City is headed in the right direction with all the issues facing the Commission. I believe the City is under excellent management as a result of the visions of Rick Koch. Visions and priorities are under constant review and change as should be expected but for the good of the City and its constituents. As a result of feeling good about the Commission's work past, present and future I think it's time to take a break. As a result, I am informing you that I will not be completing an app|icuUonfnrunothortermCaru|.|wou|d|inetothaokyoupersona|yforyvurinterestintheCnnnmiscionanUthomany related issues we have discussed especially those surrounding the existing cemetery and the anticipation of the new cemetery. Thanks to ati for the memories! Yours truly, Thanks!!! And Happy Holidays... Carol Carol L. Freas, City Clerk City of Kenal 210 Fidaigo Avenue Kenai, AK 99611 Phone: (907) 283-8231 Fax: (907) 283-5068 Carol Frees Thursday, December 16, 2010 2:48 PM 'Dale and Barb' RE; App|icaiion/NewTe|m DaleSandah( Original Message From: Cg! Tm:0uwors(Thonc»ywiceonrg doanduh|(Douinet Shnrtyhbailer{ohu1mai\.com Craigtaon\oo(Dun*sa{vahnoannlyn m|maxAaoao|askano1•sr8noann(Dalnokanei h/ookmanCebsiaskanot Sent: Thursday, December 0S.2O104:48PM Subject: Application/N1ew Term Good afternoon all, 1 am writing to rernind you to complete and submit the attached appiication if you are interested in renewing your membership to your commission, committee or Council on Aging. Please complete the application and return it to me either by mail, email or drop it by my office by December 20, 2010 please. 1 -65- w� DATE: 11 the ci q 7,7 KENAI ALASKA NAME: Resident of the City of Kenai? c i Residence Address MPLOYER: P vic f✓ BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECE3EVED DEC 1.2010 i KENAI CITY CLERK S Pit CITY OF KENAI "Village with a past City with a future." RS Mailing Address Home Fax No. Business Telephone Nq 1 Business Fax No. Email Address: ii May we include your contact information on our web page? ALL if not al include? Haw long? L OA:4 ki tit K B/0 k is t A<< 7 6 t o ail Horne Telephone No 4 t 0(0 ca Signature -66- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 T 4 Pas y organizational r�tembersh�s• ��e C/ hd e r` e"`<<; C lrit;�,, I, ,2,- 07-7 Cc."+m e r Ce.. ,S(7CS ATE (it A L C...),ii/`Hcivc- S nr A (AS 6A M 7 r= N.u T c u.' COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: HA Job Title I -v "Sc) is hat information may we NAME OF SPOUSE: Current membership in organizations: i R A d N THE KEN <t r- Cp iv; /I� L sin 2A /ay f1E/ZLCAA-) AUTo tioi'3ELE A S Sri C:.iA. EZc- C CsYCC sA Hy C: %uI WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? f L d a `fie i ti L WO ciy cf KEKA ALASKA DATE: NAME: Resident of the City of Kenai? Residence Address f Mailing Address t'"F Home Telephone No. Home Fax No. Business Telephone No y .Y' 746. Business Fax No. Email Address: rav May we include your contact information on our web page? ALL If not all, what information may we include? V' C EMPLOYER: KEN FW'_N b R pr w» NAME OF SPOUSE: lt t4R!9 Ai0 1 W rr Curreg t mem i n o tan ation's: IMAM/ tic F >Ar er h lirrh e�k 1 RECEIVED DEC 9 2010 KENAI CITY CLERK "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS p .a1 d X54 CITY OF KENAI Past organizational memb t 14 tl0i f COMMITTEES OR COMMISSIONS IN WHICH YOU A WHY DO YOU WANT TO 8 WHAT BACKGROUND, EXPERIENCE, OR CRED COMMISSION OR COMMITTEE MEMBERSHIP? OL' 13 WITH THIS CO Signature -67- NT RESTED: NTLALS DO YOU r How long? Q! 'i Job Title SSION 0 0 M RETURN TO: KENAI CITY CLERIC 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX 283.5068 KE.Nl41 YJ h OSSESS TO BRING TO THE BOARD, DATE: NAME: EMPLOYER: the c ity KENAI, Mailing Address 1 Hnma.. -Nn. C Business Fax No. :CI May we includg your c include NAME OF SPOUSE: Resident of the City of Kenai? (b.W11 Ci. biA h fp4i, Coy Residence Address c ry- t�5 +11 `i CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECE.riVED NOV 16 2010 KENAI CITY CLERK) 1`6 u1� hs C ti 4 4 How long? I -IV V VQ. WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Signature -68- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PRONE: 283 -7535, EXT. 231 FAX: 283 -5068 c t! a k; Oi t. A...V' /0 9 Home Telephone No 52F /2,7 L/ 7 Business Telephone No ;CB 75;' Email Address: C? 4 1 cra (E<) 7/2.: E ontact information on our web page? ALL if not all, what information may we 9,3917 `pia 1 w Job Title .I: ra ?t E 1- 0.41/4 f'/" Current memb ;ship organizations i fs; Y !(/:.i /7na .r r� a Pe-4./ 10 Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: i T s C WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? a CO r* CCG 1vr C£S C- G i ti t DATE: NAME: Resident of the City of Kenai? r] 19 d'C_. Past organizational memberships: EMPLOYER: NAME OF SPOUSE: %f� C e ef G c Current membership in organizations: e r7" 41 it .'Signature CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED DEC 1 2010 KENAI CITY CLE Residence Address l .5r,' /J /nl -r P /'7 /ri /W -e /1N /q-A"- ,e2 /7 Mailing Address 3i ell. /cF /47/7 /J o Yne Telephone No /t' r Home Fax No. Business Telephone No Business Fax No. Email Address: 7.41 i In a? 0 C) t 7/ a May we include your contact information on our web page? ALL If not all, what information may we include? �i (;c uNC. l -69- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 How long? G 7 Job Title j T »9 p' 747 COMMITTEES 1 OR COMMISSIONS IN WHICH YOU ARE INTERESTED: /r E OM -ems el. ttie /112 d/si (if ,..4- WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? f i IC C L i1 0 4 r !_.o e ✓/I N k. 1 Y'P�,m'N r �r7 �i,a� U /,�ai I"/kirr"�Cf G "i .Vr: ir C C; WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 12/10/2010 13:55 9072631636 DATE: W 12/1012010 FORGET ME NOT PAGE 01/01 CITY OF ITEI\ AI "Village with a past I City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283.5068 NAME: _Linda Flowers Resident of the City of Kenai? Yes 10 years Residence Address 48115 Woken Court, Kenai, AK Mailing Address _P. O. Box 763, Kenai, AK 99611 Home Telephone No. ,252 -5011 Business Telephone rio__283 -7294 Some Fax No. Business Fax No 283 -1638 Email Address Hower rs(feson me.org May we include your contact information an our web page? ALL X If not all, what information may we include' _Yes PLOYER: _FYontier, Community Services Job Title Manage NAME OF SPOUSE: COMMT!"fEES OR COMMISSIONS IN WHICH YOU ARE INT -70- Current membership in organizations: Kenai Council on Aging Past organizational memberships: American Society on Aging, Heritage Place Board, American Psychology Association Kenai Council on Aging WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION pR COMMITTEE? _I work with seniors every day and see the challenges they face and would like to be an effective advocate for makipg the City of Kenai the best senior friendly community in tit state. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU 4' OSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? BA in accounting, BA in psychology with a minor in gerontology and ten years experience workar:g with seniors_ DATE: _1 NAME: Gerald R. Srookman Resident of the City of Kenai? _Yes How long? _32 Years Residence Address 715 Muir Avenue, Kenai, Alaska 99611 -8816 Mailing Address 715 Muir Avenue, Kenai, Alaska 99611 -8816 Home Telephone No. 283 -9329 Horne Fax No. Business Telephone No Business Fax No. Email Address: brookman @aiaska.net May we include your contact information on our web page? Yes: ALL If not all, what information may we include? EMPLOYER: _Federal Aviation Administration (retired) Technician "Village with a past City with a future," NAME OF SPOUSE: Janet (deceased) CITY OF KENAI -71- E E IVED DEC: 1 6 2010 K ENAI MY CLERK BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 263 -7535, EXT. 231 FAX: 263-5068 Job Title Electronics Current membership in organizations: Oil Spill Prevention Response Committee, Prince William Sound Regional Citizens Advisory Council (Since 1995, Chair, 1996 2005); Prevention, Response, Operations Safety Committee, Cook Inlet Regional Citizens Advisory Council (since 2000); National Rifle Association (Life Member), Marine Corps Association (Life Member), National Audubon Society, Alaska Center for the Environment, Kenai Watershed Forum, Kachemak Heritage Land Trust Past organizational memberships: Kenai Peninsula Food Bank Board (1997 -2000; President 1999- 2000). COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Planning Zoning WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? _Important to proper development of the city WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Approximately 2 1/2 years service on this Commission -72- Signature z 0 z w 0 0 z 0 0 2 0 z 0 la I IMMO 11111 MN 0, 0 «a 2 0 0 0 0 z z z W Q ta O 0 N N 174 F E. F W 2W 0 0 z 0 F 0 G y F W 0.1 c z U z 0 W 0 rn N 7& a 0 0 W 0 z a zQ w Q F O 0 N W z cz a 0 0 0 0 f -Sr/ r e I i �r I 2F X- d x_ I d x x� 1 u 6 I-_ d I d L 3 3 u d U c I to L cJ L a I� 0 d d I d d I d 6 d d 0 �f d b -4- d I 1 StigNOISSIIAIIATOO ID LdJ c l c 3 dl I JEFF TWAIT I I PHIL BRYSON I SCOTT ROMAIN ROY WELLS HfSaOH NiNVH JERRY BROOKIWAN KURT ROGERS w 0 in n rn PLANNING ZONING COM To: Mayor Porter Council Members 7fFrom: Terry Eubank Date: December 22, 2010 Re: Airport Land Sale Pemmnent Fund Investment Performance "Village with a Past, Gity with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 The purpose of this memo is to introduce Mr. Bert Wagnon of Alaska Permanent Capital. Bert is a senior vice president with Alaska Permanent Capital and oversees the investment of the City's Airport Land Sale Pe ,nanent Fund (ALSPF). Mr. Wagnon will be discussing the investment returns of the portfolio for the last year, provide estimated portfolio returns based upon historical results of portfolios invested like the ALSPF and provide any recommendations to changes in the City's current investment policy or allocation amounts. -81- KENAI, To: Mayor Porter Council Members Thru: Rick Koch, City Manager it From: Terry Eubank, Finance Director Date: January 5, 2011 Re: Airport Permanent Fund December 31, 2010 balance and FY11 transfer amount. Pursuant to KMC 7.30.020 the annual transfer from the Airport Land Sale Permanent Fund (ALSPF) shall be equal to 5% of the five -year average of the funds value at December 31 This is the third fiscal year of the current investment methodology and a three year average is being used as called for in KMC 7.30.020. FY12 will utilize a four -year average and a five year average will be used beginning in FY13. The December 31, 2010 market value of the ALSPF was $21,909,110. 17,281,883 was originally invested in September 2008 and since the ALSPF has transferred $1,174,312 to the Airport Special Revenue Fund. The FY1.1 transfer amount calculation is as follows: Market Value December 31, 2008 2009 2010 'Village with a Past, C# with aFuture' FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Portfolio Balance $17,825,369 $20,264,072 $21,909,110 $19,999,517 $19,999,517 X 5% 999,976 Average RECEXVED JAN 52011 KENAI CITY CLERK The FY11 budgeted transfer amount was $968,157. A supplemental appropriating ordinance will be prepared for your consideration increasing the transfer amount to the policy limits. l 1 rii oz: a+ out t t V t N ra n CD (IQ CD tv org c. CD o 0.4, 1CD 3. 0 O o `P c0 c) 0 Q.. 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A' CD Cr FIT C C ft n d P „a t�. r—a T (74 O. o• 99 0 Cr C O O "*a U CD 0 n n O. 2 up oso cen cc a 0 J r (D v n o o a 7 tn 20 a- n v o f C T c Q N 0" p r. fD szo rt. O U'1 O v o O T G 0 N N Go -i O 0 to O to O rr UQ rD O m C r-F X 0 0' 0 iV 0 0 0 0 0 0 W W 1- IV N m C X lar C rD rD O co n tan rt. c O 03 O (D r+ m: vi -S I 4. C co 03 N -11 O c O CL SID va a n r1 cn CD E CD 0 N 1 0 c V 0 u E 0 p co Qo r4 v aixE G��3' t g �pp g 06AI, ALASKA V "Village with a Past, Cif with a Fture" 210 FidalgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci,kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: December 22, 2010 RE: REQUEST FOR INFORMATION /ELECTION CODE UPDATE After the October 5, 2010 City of Kenai Election, a request was made for City Attorney Stearns and I to review the City's election code and suggest areas where amendments may need to be made. The following are those areas: KMC 6.05.150, Absentee voting Application (copy attached). KMC 6.05.150 states, in part, "...The dates for making such applications for absentee ballots in City elections shall be the same as the dates for malting such applications for absentee ballots in State elections..." (The State requires applications be received "ten (1.0) days prior to election day.') As you recall, it was discovered prior to the October 5, 2010 election date, the City's application to request an absentee ballot, which was prepared some years ago, identifies that applications for absentee voting must be received "at least seven (7) days prior to the election." Both Attorney Stearns and I strongly recommend the removal of the reference to the State and designate the seven -day deadline which would also correspond with the Kenai Peninsula Borough's application deadline requirement. This is important because a voter may apply for a City of Kenai ballot with either the City of Kenai application or the Kenai Peninsula Borough's application. KMC 6.05.220, Recount of votes Application (copy attached). Paragraph (b) of KMC 6.05.220 refers to the deposit a persons) must submit when applying for a recount of votes within 24 hours after the Council declares the results of the vote being questioned (except in the case of a tic vote(. With the processing of the new fee schedule, it is my understanding an ordinance will be brought to Council for consideration that, if passed, would remove Code references to fees (which would include this deposit). Amendments to the election code, when they affect voters' rights, must be pre cleared by the Department of Justice. It is my recommendation the amount of the deposit for a recount remain in the election code. The fee schedule could refer to KMC 6.05.220 so that if, in the future, there is interest in raising the deposit amount, a corresponding ordinance could be prepared to take before Council. It may seem to be a duplication of effort, but I feel an update to the fee schedule with an increase to the deposit, could take place and the amendment not be pre- cleared, which could result in consequences to an election. -82- Request for Information /Election Code Update December 22, 2010 Page 2 of 2 KMC 6.05.335, Absentee voting By facsimile transmission (copy attached). KMC 6,05.150 allows for a qualified voter to apply for an absentee ballot in person, by a personal representative, by mail, or by electronic transmission. KMC 6.05,335 allows a qualified voter to vote by facsimile transmission. An issue arose during the October 5, 2010 election when a voter applied for an absentee by- mail ballot, but because he was stationed out of the country and was concerned with the timeline to receive, vote, and the voted ballot be received by the Clerk's Office, he subsequently emailed and requested to vote his ballot by pdf, a form of electronic transmission. Because there is a clear distinction between. a "facsimile transmission" (allowed by Code) and an "electronic transmission" (not allowed by Code), it added a level of difficulty for the voter because he did not have a facsimile machine readily at hand and I was unable to accept a ballot transmitted as a pdf. At the Alaska Municipal Clerks Association Conference in November, I discussed the issue with other Clerks. All municipalities have different rules with regard to election procedures (there are municipalities who do not yet offer voting by facsimile or electronic transmission). I have no objection to allowing voting by electronic transmission, but I have some concerns with regard to privacy issues with regard to the voter's submitted ballot. At this time, voters wishing to vote via facsimile transmission must submit a signed waiver which states they understand they are voluntarily waiving a portion of their right to a secret ballot to the extent necessary to process the ballot, but expect their vote will be held as confidential as possible. While processing a facsimile ballot, the City Clerk, Deputy City" Clerk and members of the Canvassing Board are authorized to see the facsimile ballot. If voting via electronic transmission is approved, a similar waiver would be required, however the transmission would be received on the City's server and a larger arena for unauthorized review of the ballot would be presented. If an ordinance is requested to amend the Code to allow for absentee voting by electronic transmission, l recommend the ordinance also specify a. procedure to process ballots received via electronic transmission. Information received from the City's IT contractor confirmed a dedicated email address for sending /receiving ballots (much like the email the City has for receiving Public Records Requests) could be established and then, after the retention period elapses for keeping election documents, the ballots and related documents received through that address could be deleted and that dedicated email address could then be from the server by the system administrator. Prior to the next election, the dedicated email address would be re- established. Note: Any of these items, if adopted by Council through an ordinance, would require pre- clearance from the Department. of Justice prior to the next election (special or regular). Recommendations: Both City Attorney Stearns and I recommend the timeline for accepting absentee by- mail /facsimile applications be amended to remedy the current ambiguity and to establish a solid deadline. Further direction requested: Because amendments to KMC 6.05.220 and KMC 6.05.335 would be a matter of Council policy, further direction is requested. Clf Attachments -83- 6.05.130 Tie votes. In case of failure to elect because of a tie vote, the Council shall immediately proceed to re- count the votes. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined fairly by lot from among the candidates tying, in a meeting of the Council and under its direction, in accordance with the City Charter, Section 10 -4. (KC 6 -22) 6.05.140 Absentee voting. Any qualified voter who may secure and cast an absentee ballot in a State election may secure and cast an absentee ballot in a City election. The City Clerk shall supervise absentee voting, and shall issue necessary instructions regarding the procedure for absentee voting to qualified appli- cants for absentee ballots. The City. Clerk shall provide the absentee ballots, the secrecy envelopes for the ballots, and the postage -paid return enve- lopes therefor, and any other forms and supplies required for the use of absentee voters. (KC 6 -23; Ord. 2488 -2010) 6.05.145 Absentee voting in person. (a) A qualified voter may apply in person for an absentee ballot at the office of the City Clerk during regular office hours, or the voter may apply to the Borough Clerk's office or absen- tee voting official in his or her area during regular office hours. On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this title, the Clerk shall issue the ballot to the applicant. The voter shall proceed to mark the ballot in secret, to place the ballot in the small enve- lope, to place the small envelope in the larger envelope in the presence of the election offi- cial who shall sign as attesting official and date of his or her signature. The election offi- cial shall then accept the ballot. (d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If (b) (c) 105 -84- the absentee voter improperly marks or oth- erwise damages a ballot, the voter may re- quest, and the election official shall provide him or her with another ballot up to a maxi- mum of three (3). Exhibited, improperly marked, or damaged ballots shall be de- stroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. Each absentee voting official shall keep a re- cord of the names and the signatures of voters who cast absentee ballots before him or her and the dates on which the ballots were cast (Ord. 1799-98) (e) 6.05.130 6.05.150 Absentee voting Application. Any qualified voter who is entitled to secure a nd cast an absentee ballot may apply to the City Clerk in person, by a personal representative, by nail, or electronic transmission, for an absentee ballot. An application by mail or electronic trans- missiou. shall include the name of the applicant and both the address to which the absentee ballot is to be returned and his or her full residential address in the City. The dates for making such applications for absentee ballots in City elections shall be the same as the dates for making such applications for absentee ballots in State elections. The City Clerk shall follow the procedure prescribed by State law for election officials in determining whether an L pplicant is entitled to secure and cast an absentee ballot. (KC 6 -24; Ord. 1652 -95) 6.05.160 Absentee voting Ballots. Voters casting absentee ballots shall mark the ballot, place the ballot in the secrecy envelope and then place the secrecy envelope with the marked ballot inside the postage -paid return envelope, and return the documents to the City Clerk in the same manner and under the same regulations, as nearly as may be, as required by law in State elections. (ICC 6 -25; Ord, 2488 -2010) 6.05.170 Absentee voting By mail. (a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than (Kenai Sapp, No. 96, 11-10) Peninsula borough or a private computer ser- vice for the needed computer services. (Ords.881,941,I788 -98) 6.05.210 Voting Tests and security. No later than one (1) week before the elec- tion, the computer vote counting program must be tested in the presence of, and to the satisfaction of, the data processing control board. (Ords. 881, 1788 -98) 6.05.220 Recount of votes Application. (a) Any defeated candidate or any ten (1.0) quali- fied voters, who believe that a mistake has been made by an election official or by the Council in counting the votes in any election, may [Hake an application in writing to the Council for a recount of the votes from the precinct for any particular office or on any particular question. The application must be filed with the Mayor, the City Clerk, or in the office of the City Clerk within twenty-four (24) hours, excluding any Saturday, Sunday, or holiday after the Council declares the re- sults of the vote being questioned. In case of a tie vote between two (2) or more candidates, the Council shall recount the votes without an application. therefor. (b) The person or persons applying for a recount shall deposit one hundred dollars ($100.00) in cash, by certified check, or by bond with surety approved by the Council, except in the case of a tie vote for candidates (when no de- posit shall be required). If on the recount a. candidate other than the candidate who was first declared elected is declared elected, or if the result of the vote on a question is re- versed, or if the vote on recount is determined to be four percent (4 or more in excess of the vote reported after the first canvass for the candidate applying for the recount or in favor of the opposed to the question stated in the application, the deposit shall be refunded; otherwise, it shall be placed in the general fund of the City. 107 -85- (c) 6.05.200 The Council shall begin the recount within forty -eight (48) hours after receiving the ap- plication, excluding any Saturday, Sunday, or holiday, shall proceed with it as fast as practi- cable, and, shall declare the results thereof. The City Clerk shall promptly issue another election certificate if a change in the results require it. (KC 6 -27; Ord. 2108 -2005) 6.05 230 Appeal to the courts after recount. Any candidate or a majority of the persons who requested a recount who have reason to be- lieve that an error has been made in the recount involving any candidate or question, may appeal to the Superior Court in accordance with applicable court rules governing appeals in civil matters. The filing of the appeal and the proceedings shall be, as nearly as may be, as in case of such an appeal made after a recount in a State election. (KC 6 -28) 6.05.240 Election contests. Any defeated candidate or ten (1.0) qualified voters, by action brought in the Superior Court, may contest the election of any person or the ap- proval or rejection of any question upon the same grounds and in the same manner, as nearly as may be, as in election contests arising out of State elec- tions. The City Clerk shall promptly issue any new Election Certificate required to reflect the judgment of the Court. (KC 6 -29) 6.05.250 Rules and regulations. Rules and regulations made by the Director of Elections pursuant to law regulating State elections shall also apply to City elections insofar as they are applicable. The City Clerk shall have the powers and duties prescribed for the Director of Elections in said rules and regulations, with regard to City elections, insofar as it would be appropriate in City elections. (KC 6 -31; Ord. 803) 6.05.260 City election time. Nothing in this chapter shall prohibit holding a City election on the same day and by the same (Kenai Supp. No. 96, I NO) 6.05300 able mail on or before the twenty- second (22nd) day before the election. (c) The Clerk shall review ballots voted under this section under procedures established for the review of absentee ballots. (d) There shall be a. small blank envelope and a postage -paid return envelope supplied to each by -mail voter. The postage -paid return enve- lope shall have printed on it an affidavit by which the voter shall declare the voter's qualification to vote, followed by provision for attestation by one (1) attesting witness, who is at least eighteen (18) years of age. Specific instructions for voting a by -mail bal- lot and a list of the appointed absentee voting officials, their hours and locations, shall be mailed to each voter with the ballot. (Ords. 1800-98, 2488-2010) 6.05,310 Casting ballots. (a) Upon receipt of a mail -in ballot, the voter shall cast his or her ballot in the manner specified in KMC 6.05.140 through 6.05.160. If the ballot is cast in the Clerk's office, the Clerk shall retain it for delivery to the Can- vassing Board. If the ballot is cast in another location, the voter shall return it by mail to the Clerk immediately for delivery to the Canvassing Board. (b) A voter who does not receive a mail -in ballot may cast his or her ballot in person as speci- fied in KMC 6.05.145. A voter may return the mail -in ballot to the City Clerk as provided in KMC 6.05.160. (Ord. 1800 -98) (c 6.05320 Notice of election, election date, public notice. (a) The notice of election calling for the election must state that the election is to be conducted by mail and that there will be no polling place open for regular in- person voting on election day. In a by -mail election, election day is the deadline by which a voter's ballot must be re- ceived by the Clerk. (Kenai Sup, No. 96,11 -10) 108 (b) For each election conducted by mail, the pub Iic notice will be given as set forth in KMC 6.05.100. (Ord. 1800 -98) 6.05330 Absentee voting official and duties. The City Clerk, or designee, shall act as ab- sentee voting official. The duties of the absentee voti be as follows: (1) Provide absentee voting in person on any date, including the day of the elec- tion, and absentee voting through a per- sonal representative on any date, includ- ing the day of the election, and have un- til the day of the election to return the ballots; Sign a voter's by -mail oath and affidavit envelope as an authorized attesting offi- cial, except that the absentee voting of- ficial may not attest his or her own bal- lot; Accept receipt of a by -mail voter's hand- delivered voted ballot, which has been sworn to, attested and sealed in the by -mail return envelope; Provide general voter assistance, includ- ing, but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign his or her name, and providing replacement ballots to voters who have improperly marked or dam- aged their ballots; Date -stamp all ballots received; Provide for the security and safekeeping of' all ballots received and present those ballots to the Clerk for canvassing. (Ord. 1800 -98) (a) (b) -86- (2) (3) (4) (5) (6) g official shall 6.05.335 Absentee voting —By facsimile transmission. (a) A qualified voter may apply for an absentee ballot to be sent by facsimile transmission. Such request must be made not less than the day immediately preceding the election. Ab- sentee ballots will be transmitted by facsimile to the location designated in the application. I.f no location is designated, and if the request is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in K.MC 6.05.140 for absen- tee ballots by mail. The Clerk will provide reasonable conditions for transmitting absen- tee ballots by facsimile. A facsimile transmitted ballot shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable. An absentee ballot that is completed and re- turned by the voter by facsimile transmission must: (1) Contain the following stateme derstand that by using facsimile trans- mission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent nec- essary to process my ballot, but expect that my vote will he held as confidential as possible." Followed by the voter's signature and date of signature; and Be accompanied by a statement exe- cuted under oath as to the voter's iden- tity; the statement under oath must be witnessed by one (1) United States citi- zen who is eighteen (18) years of age or older. (d) The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the Clerk. The ballot may not be counted unless it is received by noon on the seventh (7th) day after the election. A voter who returns the absentee ballot by facsimile transmission must comply with the same deadlines as for voting in person on or before the closing hour of the polls. (b) (c) (e) (2) 108c s -87- (1) When a completed absentee ballot is received by facsimile transmission., the Clerk will note the date of receipt on the absentee ballot ap- plication log and, if the ballot is received on election day, the time of receipt. The Clerk will then: Remove the ballot portion of the trans- mission from the portion that identifies the voter; (2) Place the ballot portion in. a secrecy sleeve; Seal the secrecy sleeve in an outer enve- lope of the type used for absentee ballots returned by mail, and seal that envelope; (4) Attach the voter identification portion to the outer envelope; and Forward the outer sealed envelope to the Canvassing Board for review. A facsimile- transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may re- veal to one (1) or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a facsimile ballot in a manner revealing the way in which a particu- lar voter cast his or her ballot to any person other than the City Clerk, a member of the Clerk's staff, an election official in the course of his or her duties or an attorney advising the Clerk on Iegal questions concerning the ballot. (Ord. 2108-2005) (g) (3) (5) 6.05.335 6.05.340 Storing ballots. The Clerk shall provide for the secure storage of the mail -in ballots received from the voters and by -mail officials until the date set by the Clerk for the counting of the ballots. (Ord. 1800 -98) KENAI HARBOR COMMISSION MEETING DECEMBER 13, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY November 8, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion /Recommendation Capital Improvement Project List for FY12. FYI3, and FY14 ITEM 6: NEW BUSINESS a. Discussion /Recommendations Dip Net Report 2010 ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. January 10, 2011 ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a: Kenai City Council Action Agendas of November 23 and December 1, 2010. b. 12/2/2010 Kenai River special Management Area Advisory Board Meeting agenda and minutes of 11/11/2010 meeting. ITEM 12: ADJOURNMENT -88- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL With no chair or vice chair present, Commissioner Morin agreed to preside as Chair Pro Tempore and called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: ITEM 2: MOTION: KENAI HARBOR COMMISSION MEETING DECEMBER 13, 2010 CITY CLERK'S CONFERENCE ROOM 7:00 P.M. CHAIR PRO TEMPORE PHILLIP MORIN, PRESIDING AGENDA APPROVAL P. Morin, W. Nelson, V. Askin., R. Peters, S. Eldridge B. Osborn (excused), T. Thompson (excused) Interim Public Works Director K. Lyon Commissioner Peters MOVED to approve the agenda as presented and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY November 8, 201.0 MOTION: Commissioner Eldridge MOVED to approve the meeting summary of November 8, 2010 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion /Recommendation Capital Improvement Project List for FY12, FY13, and FY14 Interim Public Works Director Lyon reviewed the li st included in the packet. General discussion occurred. MOTION: Commissioner Eldridge MOVED to recommend the list to City Council and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. -89- ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendations Dip Net Report 2010 Lyon reviewed the dip net report included in the packet. General discussion occurred. ITEM 7: REPORTS 7 -a. Director Lyon reported on possible property for a drift boat pull out and the wind study. 7 -b. City Council Liaison None ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. January 10, 2011 No Commissioners reported they would not be able to attend. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of November 23 and December 1, 2010. 11 -b. 1TEir *a 12: MOTION: 12/2/2010 Kenai River Special Management Area Advisory Board Meeting agenda and minutes of 11/11/2010 meeting. ADJOURNMENT Commissioner Eldridge MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:00 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -90- HARBOR COMMISSION MEETING DECEMBER 13, 2010 PAGE 2 rte c, y KENALALA SKA DATE: 19-- O 10 n 1 NAME: 1' ■q :t �iicY�ardS Resident of the City of Kenai? Residence Address 50 5 7 5 Mailing Address O 170 s, c t 1/2 Home Telephone No. 12O 2l t7 Home Fax No, N'/ v■ Business Telephone No !V /4 Business Fax No. rnl /A Email Addr�e y coo ctoos_oe5( 55;on 0valnoo. cowl May we include your contact information on. our web page? Si1Rr� If not all, what information may we include? EMPLOYER: NC �m e l ayf 01 NAME OF SPOUSE: c- );nc3IP Current membership in organ tions: TecA A itO�th 1.vVM 1; 'Ai ID ]�Lbw� Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: N R of CITY OF KENAI "Village with a past City with a, future.'' BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND ,__,COMMISSIONS DEC X 0 2090 ICE AI CITY CLERK -91- Signature How long? 5 Job Title RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 P lehalre 0 .5"e1 ocL 11 oofk kcvoI 9 creek_ SFooJ nH k vernvvlan WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 0.rn lniM55�ed om0 ;k 0, d Qve1; e o,c4;Ji' W £eel l e �e;nI UC\AJOktf '9 'I `CO Yl ►v T� �'v U.S�... lwI VAOre Jhn &xl j crf'N r R .r�.c�. Fk yr WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? re TV re e Carol Freas From: Hal Smalley [hvsmal!ey ©yahoo.com] Sent: Monday, December 20, 2010 8:29 AM To: Carol Freas Subject: Assembly report for Dec. 7, 2010 Carol, Sorry for the delay in filing this report. Right after the Dec. 7th meeting I left the state and was unable to complete the report until my return home. If possible, perhaps this could he forwarded to Mayor Porter, Council members and Mr. Koch. Thank you again for all your help. Merry Christmas and Happy New Year. ASSEMBLY REPORT -DEC. 7, 20010 DISTRICT 2 REP-HAL SMALLEY The Assembly met from 1:00 to 3:30 with Mayor Carey and all of his department heads to review the functions of each department and to highlight current activities of each. department. The purpose was to inform the newly elected Assembly members of what the Borough is doing as well as to keep the full Assembly informed as well. The General Business meeting began at 3:30 to discuss and review the agenda material for the evening meeting. During these committee meetings Finance- Lands Policy and Procedure- Legislative three Laydown resolutions were introduced and discussed. At the evening meeting the Assembly would he required to take action as to whether they would be allowed on the agenda regular agenda or consent agenda The Assembly agenda is included in your Council packet so I will highlight those Ordinances and Resolutions which relate to the City of Kenai or the Borough- area wide. There were a total of 4 ordinances up for public hearing-discussed and acted upon. Ordinance 2010 -19 -23 appropriating $955,500 to the Bond Funded Capital Projects fund for design and development costs associated with school roof repairs was discussed and postponed to the Jan. 4` meeting. The funds would not become available until Thursday- Dec. 9 so the Ordinance passage would be premature. Once the funds are available the Ordinance will be brought forward for action. This ordinance unpacts roof repairs for 13 different school district buildings identified in the bond package that voters passed in the Oct. election. t -92- Ordinance 2010 -41 amending KPB 2.90.030 Violations to incl.ude prohibiting unauthorized dissemination of information disclosed within an Executive Session. This ordinance attaches language in the recently adopted regulations concerned with the Code of Ethics provision to deal with any dissemination of discussion /topics/ etc. discussed during an Executive Session. The existing code did not specif.cally address the issue so language was added with this ordinance. There were 10 resolutions including the three laydown on the consent agenda which pass by unanimous consent unless removed from the consent agenda for discussion and. vote. Resolution 2010 -095 Authorizing Community Revenue Sharing Program Expenditures for Unincorporated Communities related to the State of Alaska Revenue Sharing program and the approved community programs and funding of these programs. Some 24 revenue sharing funded programs throughout the borough received their revenue grants under this resolution. The maximum amount in total received by any one unincorporated community could not exceed$19,600. Depending on the number of projects submitted, these funds were divided equally Resolution 20010 -098 supporting a change in the way overtime is considered in calculating a retirement benefit amount in the PERS system was removed from the consent agenda, discussed amended but ultimately failed. Overtime salaries for PERS consideration are calculated at 1.5 times regular wages for most PERS employees. For Public Safety police fire -emt's etc the calculation is at 1.S5 times regular wages. With the existing problem of the PERS funding program this would encourage the legislature to make this change assisting municipal governments with "unanticipated costs" associated with overtime salaries. An amendment to allow calculation at 1.0 regular salary for the overtime benefits carne forward and passed. It was felt that some benefit should be allowed for overtime salaries relating to PERS calculations. After much discussion the resolution failed. Overall the Assembly felt that if an employee worked overtime- the PERS benefit should not be impacted. Resolution 2010 -097 Supporting the State Legislature to amend the Alaska State Little Davis Bacon Act to increase the minimum amount of contracts subject to the act from $2,000 to $50,000 and to define maintenance projects, which are not subject to the Act Knopp, Mayor This resolution requests that the Legislature amend the act upwardly for projects utilizing government funding. The current regulations use figures established in 1972. Under testimony from the public, labor unions expressed concern and request that the resolution be defeated. After much discussion, said resolution passed. Laydown Resolution 2010 -100 consented to the location in the Kenai Peninsula Borough to the Kenai Offshore Ventures, LLC, jack -up rig project funded through the Alaska Industrial Development And Export Authority Mayor, Tauriainen A reolution that allows a location within the KPB for the jack -up rig to he located. This is a requirement of the loan the LLC received from AIDEA. 2 -93- My apologies for the lateness of this report. Following the Assembly meeting on Dec. 7 I flew to the west coast for personal business and to attend an AML conference in Boise, Idaho The report is rather lengthy, but there were several ordinances and resolutions that may have impact on or within the City of Kenai. As I have reported to Mr. Koch, at the Jan 4, 2011 meeting there will be a discussion and action item involving the properties located on North side of Beaver Loop adjacent to the City of Kenai's water wells as a long term lease to the Racing Lions. 1 am in possession of a letter from Mr. Koch to the Borough concerning this lease and a request by the City for consideration of allowing the City ownership of some of these for lease properties located adjacent to the City wells. As always, you may call or e -mail me if you have questions concerning information in this report or from the overall agenda. of the Dec. 7 meeting. 1 wish all of you a very Merry Christmas and Happy New Year. 3 -94- REPORT OF CITY MANAGER KENAI, ALASKA To: Rick Koch, City Manager 7 1 From: Terry Eubank Date: December 22, 2010 Re: Collection action on delinquent ambulance billings invoices. "Villa e with a Past, Ci y with a Future" FINANCE DEPARTMENT 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907- 283 -3014 The City effectively transitioned to its third party billing service for ambulance bills beginning .Tuly 1, 2010. The final step in the ambulance billing project is to implement a collection policy for delinquent invoices. At June 30, 2010 the City was carrying S867,277 in outstanding ambulance bills some dating back to 1998. Invoices prior to January 1, 2007 shall be written off and no further collection action shall he taken. Invoices from January 1, 2007 thru current total S254,520 and will be subject to the following collection action. In early January the City will be soliciting for collection services from a third party collection service. The fee for such a service will be contingent upon actual collections (a of what they actually collect). Prior to pursuing collections, patients will be informed and provided and opportunity to apply for the City's Charity Care Policy. Those failing to apply or not qualifying will be provided one final opportunity to pay their balance in full or enter into a payment plan with the City by signing a confession of judgment, provide a promissory note, or assigning their 2011 Alaska Permanent Fund Dividend to the City. Accounts failing to utilize any of these remedies will be forwarded to the City's contracted collection company. This policy will ensure that those who are financially unable to pay will not. Those with the means to pay will pay for the services received. Through this policy the City will be able to offer flexible payment arrangements but have more aggressive tools for those who refuse to pay. -96- Elie ut o KEN SKA MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: 23 December 2010 SUBJECT: Alaska OWL Project "Kl/age with a Past, G with a Frstisre '1111r 1992 —97— 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 Last week I attended the launch meeting for the Alaska OWL: Online with Libraries Project. This project is funded through a grant award of $5.4 million from the U.S. Department of Commerce to the Alaska State Library. Please see the attached press release for complete details. This project will provide benefits to all 105 public libraries in the State of Alaska. Representatives from most of those libraries attended the two -day launch meeting last week in Anchorage. Representatives from the major partners in the grant were present at the meeting including teams from the Bill Melinda Gates Foundation and the Rasmuson Foundation. The launch meeting agenda included: The keynote speech: Opportunity for All: How the American Public Benefits From Internet Access in all U.S. Libraries A panel discussion with program partners A dinner speech by a team leader of the BTOP (Broadband Technology Opportunities Program) Reports from staff of the Alaska State Library Facilitated Roundtable Discussions The goal of this program is to not only bring broadband to every Alaska library, but also to install videoconferencing capability and equipment in every library. The Kenai Community Library is not slated to receive any broadband support from this program. We already have a connection speed that is among the fastest in libraries in our state. We will be receiving equipment valued at approximately $17,500 and training on that equipment. STATE T OF ALASKA DEPARTMENT, OF EDUCATIOf AND EAE L.'s DEVEf OPM €I E iotma 1°n uarcec 0 2851 9 37 327 56 Pre- s Release COMMISS R'S OFFICE FOR IMMEDIATE RELEASE September 13, 2010 The U.S. Department of Commerce announced today a $5.4 million award to the Alaska State Library, a Division of the Alaska Department of Education Early Development, to create a broadband network which will link Alaskans and their communities to each other and the rest of the world through a statewide network of public computer centers located in 104 public libraries, Library users in many remote areas will be able to learn about and then experience broadband and video conferencing first hand. The network will be a pathway for State Library partners to offer job and public safety training, social services, distance education, and heritage preservation, and for local communities to share local knowledge and expertise throughout the state. The total cost of the project is $8.2 million, which will be spent over a three -year period to secure a broadband service provider, to obtain video conferencing and computing equipment, and to connect libraries to the network. The $2.9 million in matching funds includes generous support from the Bill Melinda Gates Foundation (51.65 million) and the Rasmuson Foundation ($250,000). The primary purposes of this project are to allow Alaska public libraries to serve as common information exchange points between citizens and civic organizations, to extend opportunities for online education and job training, and to deliver social services. Many Alaskans are far from civic services and vocational and higher education institutions, and the organizations which provide such services are eager to reach them in the most efficient, cost effective way possible. Libraries are the ideal place to support this type of exchange because they already serve as community centers in Alaskan villages, they are free and open to the public, and all ages and populations use them. One hundred and four public libraries in Alaska will serve as public computer centers. These libraries serve approximately 99 percent of the population. Besides the population at large, the project targets improved Internet connectivity and education for senior citizens, youth, the undereducated, the disabled, non English speakers, and the underemployed and unemployed. Over 50 percent of Alaska public libraries are designated as tribal libraries or serve significant populations of Alaska Natives. The project technology plan encompasses bandwidth upgrades to at least 1.5 Mbps down and 1.0 Mbps up in public libraries with substandard levels of connectivity in order to provide adequate bandwidth for most Web activities and basic video conferencing. All participating libraries, even -98- those with higher Internet speeds, will be eligible to receive new computer equipment, desktop videoconferencing software, and, where appropriate, video conferencing equipment. A consortium will jointly contract for dedicated bandwidth resources delivered over a Wide Area Network (WAN). The WAN design will allow managed and optimized bandwidth usage among participating libraries, dynamically providing bandwidth where most needed. Sixty -five new part -time jobs will be created for local IT support. Local village library staff will he hired and trained to support the computers and Internet access and to keep the smaller libraries open an additional five hours per week. Project partners constitute a wide range of groups including library organizations, state agencies, colleges, health care networks, small business advocates, and foundations. Current partners include: Alaska eHealth Network Alaska Library Association Alaska Library Network. Alaska Public Broadcasting .AMP: Alaska Manufacturing Extension Partnership, Inc. AVTEC: Alaska's Institute of Technology Bill Melinda Gates Foundation Dent. of Health and Human Services Division of Public Assistance Dept. of Public Safety Division of Fire and Life Safety Governor's Council on Special Education and Disabilities Rasmuson Foundation University of Alaska Office of Information Technolony For more information about this project contact: State Librarian Linda Thibodeau, 907 465 -2911 or linda.thibodeau @alaska.gov. -99- KENA 6,ALAS MEMO: "killaye with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: December 22, 2010 SUBJECT: City Manager's Report, GF Equipment Replacement Fund The purpose of this correspondence is to discuss the GF Equipment Replacement Fund (ERF) and provide background /reference materials. This is an issue which will be discussed during the FY 2012 budget process, and since the Administration will be recommending a fundamental change in the ERF I wanted to provide the Council with information in advance. The ERF was established to provide funding for future equipment replacement. Based on my conversation with the previous Finance Director the ERF policy was established given following assumptions: 1. The annual payments to the ERF were equal to the purchase price of the equipment. 2. Interest earned on the annual payments would equal price escalation for future equipment replacement. 3. Fifty percent of equipment replacement costs for Fire Department equipment would be realized through grants or other non -city funding. The policy presently employed by the ERF will result in a significant gap between ERF funding and estimated equipment replacement costs. If the present policy remains in -place beginning in fiscal year 2018 the GF reserves will need to subsidize equipment replacement purchases by approximately 5445,000. Each subsequent year additional GF reserve subsidies will be required, with the high being 52,915,000 in fiscal year 2026. The details are shown in the attached "Schedule of Replacements Current Policy." uv SIm 1992 -100- There are several contributing factors for the funding shortfall within the ERF: 1. Contributions are based on original cost of equipment. 2. Since annual appropriations are made to the ERF rather than a lump sum at the time the equipment is purchased (in effect buying the equipment twice), the interest earned is from small amounts growing over time. In other words if the life of a piece of equipment is 20 years, only 1/20` of the replacement funding will earn20 years of interest, then 2/20` for 19 years, 3 /20 for 18 years, etc. 3. I do not anticipate receiving 50% grant funding for the purchase of Fire Department equipment. 4. The ERF has been utilized for the purchase of equipment that is not replacement equipment. Therefore the ERF has paid for equipment for which no contributions were made. The proposed policy for the ERF is based on the following assumptions: 1. Annual contributions to the ERF will earn three percent (3 2. Annual cost of equipment escalation is three percent (3 3. Contributions are based on future cost of equipment (included in calculation are items No. 1 and 2). 4. Al! purchases are for new equipment (for conservative calculation purposes) 5. New (not replacement) equipment will not be purchased from the ERF, unless savings are realized which will provide funding to support a new equipment purchase. The purchase of new (not replacement) equipment could be included in the ERF if desired. For example, the purchase of $250,000 of new equipment every 10 years could be included. Under the proposed policy, for fiscal years 2023 2029 a subsidy will be required from the GF reserves. We believe the need for this subsidy can be eliminated through the purchase of quality, low -time, used equipment when appropriate. Recently the City purchased a used 4CY loader for approximately 5100,000 less than a new model. If similar purchases are accomplished over the next ten (10) years the need for GF subsidies will be eliminated. For example, in FY15 and FY16 we are scheduled to purchase two (2) new end dumps for $168,832 each. I expect that we will be able to purchase used, late model (within 3 -4 years), low mileage (less than 50,000 miles) end dumps for $60,000 $70,000 each, which would result in a savings of approximately $200,000 over what is shown in the attached "Schedule of Replacements Proposed Policy." Under the current policy the FY 2012 annual GF contribution to the ERF will total $89,434. Under the proposed policy the FY 2012 annual contribution to the ERF would total $252,826, or an Increase of 5163,392. The details for each fiscal year are included in the attachments, -101- During the FY 2012 budget process it is my intent to submit for your review and approval this proposed ERF Policy. Adoption will provide the financial tool to manage the purchase of replacement equipment without large one -time subsidies from the GF Reserves. If you have any questions, please contact me at your convenience. attachments -102- N n o a 40 o �aREE" gym-'. M tV M M.N M N -105- O M 0 O N N eY O N 0 4 N a E 0 u N N. t°fi mro;r. P N :ITT W m ZgM p ,ry CD 0 a G z2 .a iG \<gq o #E a1 Gt ;R 4_ t -107- 0 0 0 O 1. 0 0 ale m T O 0 0 0 0 0 ri O -108- f 0 0 0 0 0 N 0 0 0 0 0 c -109- INFORMATI ©N ITEMS 110 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 55,000. 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. 201.1 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 W W J 0 z U 0 V.. 0 0 O O 0 tf) H3 Q z O r O O O N O N `y. EH it Z Q W W Z d 1- ea W u Q Z 0 w a O wj W Q Z n o a. cs t w 0 0 CO 0 0 CV tai V 0 t` O O 0 to N N 0 L6 16 F- I- CC 0 a 0 CC ec 0 0 m r a m J O 0 CO ss� wer MEMO: 'Village with a Past C with a Futu 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ttetzg Telephone: 907- 283 -7535 FAX: 907 283 -3014 i�l�ft 1992 TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager and Acting Public Works Director DATE: December 21, 2010 SUBJECT: Recommended Harbor Commission Capital Projects Priority List FY12, FY13, FY14 On November 8, 2010 at the Harbor Commission Meeting, the attached FY 2012, FY2013 and FY 2014 and other prioritized lists were passed by unanimous consent. At the December 8, 2010 P &Z Meeting, Planning Zoning reviewed the Capital Projects Priority lists submitted by the Harbor Commission. The Planning and Zoning Commission did not recommend any changes or additions to the project lists. At the December 13, 2010 meeting, the Harbor Commission recommended, by unanimous consent, to forward the attached list of Capital Improvements which, in the Commission's Opinion, are necessary and desirable to be constructed during the next three (3) -year period as required by KMC 11.10.010(a)(2). Attachments: FY2012 CIP Priorities (1 page) FY2013 CIP Priorities (1 page) FY2014 CIP Priorities (1 page) CIP Projects Considered (3 pages) NOTES /COMMENTS Repair Damaged Pile, Install Zinc Anodes on remainder of Dock, Assumption Damaged Pile can be pulled w/o Barge Construction 75,325 Contingency 15,065 Project Management 9,039 Environmental Permitting 4,090 REQUIRED FUNDING o DESCRIPTION Pile Repair Cathodic Protection 311111)3fOBd Kenai Dock Repair PRIORITY NUMBER _I C 0 u. u E2 cc a La rh CC Li -113- CITY OF KENAI DOCK AND BOAT RAMP NOTES /COMMENTS Design $29,000 Contingency 2,500 Project Management 6,000 Environmental Permitting 4,000 REQUIRED FUNDING 0 0 0 0 vi a vs DESCRIPTION Phase 1 to construct a cantilevered walk way PROJECT TITLE Dock Public Access Improvements Design PRIORITY NUMBER N n Kr, b CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR CITY OF KENAI DL AND BOAT RAMP NOTES /COMMENTS Construction 241,200 Contingency 36,000 Project Management 15,000 REQUIRED FUNDING 0 0 0 n N m N DESCRIPTION Aem ahem paaanaptuea e PPnl}sUOJ o} Z asey0 PROJECT TITLE Dock Public Access Improvements Construction c 3 0 In Cr Z cc u u NOTES /COMMENTS 9N IUNli 0 0 N 0 0 o 3 000'05 DESCRIPTION PROJECT TITLE Drift Boat Pullout Dower river) Emergency Response Facility (Boat House) .Dock Float Replacment (5 sections) Waren Ames Watk Way PRIORITY NUMBER W_ z 0 2 w w 0. W a Z O 2 w Q C cc W CD 0 a. V d �n E 3 Z W 2 0 W w C 0 a a cc I O CITY OF KENAI IX AND BOAT RAMP N W H a. C 2 Q cc a F r- co a C LD C V 0 Z L4 5 W Y 0 H V Q -117- u w cc O O z w CI. O a O u CE z C W tD 3 a V1 2 3 W 2 LSJ w O O CC CC t 0 2 c W J F 0 m V- 0 m a DEPT. OF HEALTH AND SOCIAL SERVICES OFFICE OF THE COMMISSIONER Rick Koch, City Manager Kenai, City of 361 Senior Court Kenai, AK 99611 November 19, 2010 Sincerely, William H. Hogan Commissioner cc: Kimberli Poppe Smart, Acting Division Director Joan Gone, Program Manager Marlyn Carrillo, Grants Administrator -119- SEAN PARNELL, GOVERNOR P.O. BOX 110601 JUNEAU, ALASKA 99611 -0601 PHONE: (907) 465 -3030 FAX: (907) 465 -3068 Dear Rick 16ch: On behalf of the Department of Health and Social Services, I would like to share my sincere appreciation for the hard work and continuing commitment to the health and wellness of Alaskans shown by the dedicated staff of Kenai, City of. Your services provided through the Nutrition, Transportation and Support Services successfully met grant project goals for grant number: 607 -10 -108. Your grant program was nominated by Joan Gone from the Senior and Disabilities for meeting or exceeding the Department's expectations in demonstrating successful outcomes to Alaskans. This effort exemplifies the overall aim of the Department in helping individuals and families create safe and healthy communities. We encourage you to share this recognition with fellow employees and other key individuals, agencies, and organizations that support this program. Again, please accept my earnest gratitude for your enduring dedication to improving the welfare of Alaskans. We look forward to continuing our partnership in the future. December 7, 2010 Rick Koch KENAI CITY OF City Manager 210 Fidalgo Ave Kenai, AK 99611 Dear Rick: On behalf of all of us at Alaska Communications, let me begin by wishing you and your family the happiest of holidays and a safe and enjoyable New Year celebration. I also wanted to take a moment to share with you some recent news from our company. Last week, we introduced Anand Vadapalli as President and CEO, effective February 1, 2011. In his previous roles as Senior Vice President and C00, Anand has provided leadership and oversight in our key initiatives to become your reliable partner of business communications and IT solutions. You can expect more of the same from Alaska Communications, as we further evolve our wireless data network, expand our fleet management solutions, enhance our renowned Ethernet and MPLS network and continue to provide leading cloud -based applications designed to improve your business results. We are privileged to serve you and appreciate you placing your trust in us as your technology partner. We are constantly focused on how we can serve your needs not just now, but years down the road. Again, happiest of holidays, enjoy the New Year, and look for Alaska Communications to continue helping you achieve your goals throughout 2011. Sincerely, Michael Wynschenk Senior Vice President, Sales 907 -565 -6642 (office) 907 980 -5911 (cell) Michael.Wynschenk@acsalaska.com 600 T l,one Ave, Anchorarge, Atarka 99500 T:!90712050 5:19091297- 0 alaekac Executive Offices KENAI CHAMaER OF COMMERC December 15, 2010 City of Kenai Rick Koch 210 Fidalgo Ave Kenai AK 99611 Dear Mr. Koch: The Kenai Chamber works hard to plan an event like Christmas Comes to Kenai each year for several reasons: Tradition- Many of the volunteers who participate do so because of fond memories they have of the event from years gone by. I know that some of our volunteers have been working this event since year one. Community- Christmas Comes to Kenai has become a signature event for our "Norman Rockwell" city. This is now our 34`" year of Christmas Comes to Kenai. Commerce- The original intent of the event was to bring shoppers to Kenai on the busiest shopping day of the year. Rumor has it that Christmas Comes to Kenai `Just Believe' 2010 was the largest one yet. The Kenai Fire Department estimated between 7 and 8 thousand people were in town to watch the Electric Light Parade and the Fireworks Display. 1 hope this meant that your businesses and parking lots were full. We added several new features this year from a family puppet show to a hard hat tour of the new Stanley Ford. Building. It will be our goal to keep the event fresh and exciting from year to year. If you have any ideas that you think might work well for future Christmas Comes to Kenai events, please call or stop by the Kenai Chamber Kabin to share them. Thank you to EVERY volunteer, participant and sponsor. IT TAKES A NETWORK OF COMMUNITY TO BRING CHRISTMAS TO KENAII Let's do it again next year!! Merry Christmas, U Carol 'r The team that CARES Creates opportunity Art Kenai Chamber of Commerce 402 (Dun -kind Avenue Kenai, AK 99611 Phone: .907-283-7989 Fax: 907-283-7183 "Bu.ilrling Our Community One Business at Time" w w.KenaiChamber.org 2030 President Deb Milam, First American Title Ins. Company Past President penny Furnish, Stewart Tide Vice Presider.• Kyle Fishes; Lynden Transport Sectetary Treasurer Brendyn Shitlea, First National Bank Alaska 2010 Directors Dr. Dennis Strainer, Kenai Vision Center Scott Hamann, Metal Magic Roy Wells, Waddell Reed Jason Carroll, Tesoro Mike Spangler, ConocoPhillips Carol Bannock, Executive Director carol @kenaichamber.org Gloria Ungrue, Executive Assistant Phone: 907 -283 -7989 Fax: 907-283-7183 Email: info @kenaichamber.org www.kenaichamber.org 402 Overland Kenai, Alaska 99611 Lion Raises awareness Expands benefits Serves with enthusiasm: -121- Fu v: al ON J38. 53 Ifrenewing, entcrgaming permit 9 c Phonenumf I!) .7: Fax nun ber o Or99�m name n. yy���� r/, p We bshe address Printed name 9 r9ou Panted name w, 7/ II )h /56 Al e tc Date l2- 12--10 Date )2,-13-1e) Mailing PC nX 0?3 k fey ,i----- i rifb to a IS2te 1 AK Zip+ i 99G ril Entity type ((neCkone) Organization type (check one) for de6ni ions, see AS OS, 15.650 and 15 AAC 160.995 ❑Corporation ❑Partnership f'Assadatiwt (hatable ❑Fraternal Pdice or fire departme r 0 One or service Otuber ❑Political 0 Dogmushers'assodanon ❑Municipality ORetigious O Educational Nonpeetdtrade association }7.Lterans O Fishing derby assodation Outboard motor association IRArNative village zs.D a CITY CU 12 s S -6 3 00D00 \n o n OYes No Does the organization have 25 ormore members who are Alaska residents as defined in your articles of incorporation or bylaws? 5 Pr i r: yMemberin ChargeYs y Printed name 711 4>/)•la .42 it n Da ac) 7d I O P sideiltorotheroFU tore (see Mstm ;•�P life Printed name 9 r9ou Panted name w, 7/ II )h /56 Al e tc Date l2- 12--10 Date )2,-13-1e) Attemare ern Charges signature ,f[ 4.,..6.--,...a.— M ahager of Games signature ,r cK Printed name /9 /v ;v» 7L r a? 2- Date /Z /Z -9a Alter member first name le 21 Ma ,/e Mtemane member last name .9,q, a Social security mimher J Email Daytime phone number Mobile number Nome mailing address e5.4. E 5 (6; 7' thy I State AK Zip +4 9' Has the passed the ten? Yes 'ON6 marem 1 Penns dander whih test wastaken 7 Primary member first name 717ISMil S MI L Prima member tenant 52, 14-tt (6 S Social recut vnumbet Email Da ime hone number �o a3 1 a Mobile number i 9G 3 1 363 Mpg mailing address f 3)3.i i1711Wk -f City c ,~Vc State AK Zip '1 '1 Haste jirima thetest? )pt ONo Permit# under which test was taken /35G' Newapplhant S20 50 520,000 52D 520,001- 5100,000 1 $50 0.. 5100,O0l or more I $100 2011 Alaska Gaming Permit Application Organization Information Members in Charge of Games Wededv'd under penally ofunswum falsification that we haw examined this application, including airy arrachmmn cad that re best dour knowledge and belie Instrue and mrpfere. We undetszand'ttmtaoy false .hate,aernt made antheapplmtlaaan p ach„renrs is prmishabk by law By our signatures below oet thepima+ inernbec the alternate member, and if appllcabt the managerafgame; agreeMallowthe Department of Revenue mnviewany criminal hst wemayhore in accordance 00th 15 AK 160934. Mali to Alaska Department of Revenue Tax Division PO Box 110420 iuneau, AX 99811-0420 Phone (907)465-2320. Fax (907)465 -3098 www tax alaska gav/gaming 826 One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory anachmems. Pay online with OTIS at wwwraxolaskagov make check payable to State of Alaska. New applicants roust pay by check. Retain a copy for your records -122- Department use only 1b11dalion Date stamp Permit Fee The peon fee is based on 2010 estimated gross receipts. Check the appropriate box. 826 Members in charge must be natural persons and active members of tie organization, or employees of the municipality, and designated by the organizadva Members in charge may nnt be licensed as an operator, be a registered vendor Or an employee of a vendor Inc this organization, if more t one alternate, anam a separate sheet Le al Questions These questions must be answered. If you arSerYes to either question, see instructions, 0Yes0NO Does any member of management or any person who is responsible fat gaming DYes Mc Has any member of management or any person who is responsible for gaming activilieshave a prohibited conflict of interest as defined by l5 AAC 160 .954? acovlties 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 Meftar dishonesty, or a violation of gambling laws? Form 0405 826.1 web Rey 10/10 far 1011 page 1 6aror (iquorStotename �Lk �r_tt i B rprlitto- aorenam//e�� I )p�� t ri -X2 Physic, d ress 93 3 g `f Lik -t ✓t nv L IC' 1:XliFi. State AK Zip }4 Li ')C 6 9 Physiczladdress 1: e rCr,t t Y .CJ t r?�' k I, Vl 4:c Game type (check all that apply) Bingo J21 Rattle L Pul4 -tabs' C itY �L "a, State AK Zip +4 o `i L) l Bar hquorstrename Th City P 4 Physlcat address 1') e a9es 443 Nil a �'t or Kt 4 '1 4 State AK Lp 1 10 i 1 B ar orliquor sto name DOonate( Physical address J :ny State AK Zlp +4 Barorliquor tore name Physical address Cr ty State AK Zip +4 Fa alttyname ,pet PO(' Physical addir co,_` Lc l shy 12 •�.aca. d,. laSp<ial State AK GravraBie" Zi +4 ell 6 D Calcutta poo!'° Fadlity ryrye (check tine) ❑Owned El teased donated Game type (check all that apply) Bingo J21 Rattle L Pul4 -tabs' ❑Animal classic (chicken)" 0 Animal classic (ratracel" 0 OassP (specify) Email ilep hone ..0 City P 4 Facility name State Zip +4 i(r Physical address i City State AK Zip 4 Witty type (check one) ❑Owned Mused DOonate( Game type (check at that apply) 0 Bingo 0 Raffle 0 PIgl -tabs 0 Animal dassc (thicken)* Animal dasslc (tat ace( 0 Special dawraffle'" 0 (gam pool Manesyerhrst name 1 rtiti p 5 1 Manager l #t name 1 kst Gb f dr C Social secuniy number City State Daytim e ph nu bar c arm 7— 3-6 9. Home malting ad dress 0 OassP (specify) Email ilep hone ..0 City P 4 r State Zip +4 i(r 7 m Has ;he anaale el pin mes passed the lest? h"�Yes r7 as Penn. d under whkh test taken 1 Area Game type {check all that apply) r sa f le DContest ofsdll DFish derby 0 Dag musherSmntesi 0 flat sped City State Area Game type tdeckall thata El Raffle ❑Contest of DFdh derby 0 Dog musherscontest 0 OassP (specify) Operator license k Operator Facility narne i Game type(s) Physical address City State Zip +4 MBP permit$ MBP name Faahty name. Garrrretype(s) Physical address City 1 State i Zip +4 Organization name Gam permit 0 U 5 "G;`4e d es it;IAA/4r; et ,00), Facility -based Games (self directed) If more than two ladrties,attach If more than two areas, attach a separate sheet Manager of Games Required only for self- directed pull -tabs and bingo. Vendor Information Attach 2olC vendor reg istration forms) and fee(s) breach vendor listed below. Operator Ir formation Designate o erator who will conduct activities an the or ardzation's Attach sr n d unerating centractlsb If more than one operator, anacha separate sheet Multiple- beneficiary Permittee information (MBP) Desianatethe MBP with which the organization has signed a partnership or Joint venture agreement. -123- 2011 ALASKA GAMING PERMIT APPLICATION GAMES OF CHANCE AND (ONEESIS OF Stitt separate sheet Dedication of Net Proceeds Describe in detail how the organization wilt usetheuet V v ��fi- .H'i&> Lade am "h, ivH'r 4 j s.D 04'{` f 3 I J i OK r 4 r 4 e{Is i Z Ex� e kCs j c 826 Retain a copy for your records fain 0405 -8262 web Rev 1011btor mil page oceeds from gaming activkies 826 rmnnedyarnerype "xelearuaiemlermandatayonadmenrs )4A- r S' r c o-9- 14 3 'i 5 t •c;`da L VCIIUtit 11 emit sriumuir Federal EIN or Social Otology Numbgil B:h1thltk' dispaspy kegs Y 1 PA:ageOm Ocense Owner naps:— D110 hismsm Imeme s 2.; 1 I A, d i Businm KI 13 Air 1 1 0 4 i' ALQ Egyriumber :i Y -ioic," qz) Prriprisi d:.1dIBS c:i VelL;O: t(itli0O 4 /7 ,,,ip u wr lito MEN in nmiridpill111, win/ cemrin t nnmhPi Mailing address m ox to 3 7 State 4,-4 7, Yr f ;big iir.(.fRICf10,;;MOI: Statf i AK ..4„, „1..„1 cm; ,..,...■mrt 2011 Alaska Pull-tab Vendor Registration DEC I 5 2010 ..A registration is required for each vendor location. A pernitnne may not contraci wit mole lIon nye sieriaom ai Apply online at wwwtotaloslagov/goming Y.E AICITYCLER K Permittee information Federal [IN Phone number 854 11 1 PeP ele: rei ['Janne ilenrIll imAe761 3 (iffy))) (5), Member Magma' I Mernury in:Nig image number legal Questions... These questions must be answered by the vendor. It the vendor answers Yes te any question, niePers submit thp person's name, date of birth, social mouthy number and position of responsifolljty< 0Yes p'No bias any member ahmanagement of any person who is responsible lor naming kir Monies eern keen convicted of a reiony, extortion, or a violation of a law or ordinance of this state or anether jurisdiction, H shale involving dine insolizinisty 0 a Whalen of gambling laws? °Yes No go you employ or have a contract with the nrillliny ais 31(1 14r0 11 [11 in rliziew, shook board member or 112(lager ol gaming for the above organization? 0Yes No Do you have a contract other than a vendor contract with Me grganizaik)flikled above? Vendor Contract to Sell Pull-tabs Pursuant to AS 05.15.188, the vendor listed above hereby agrees io sell pull-tabs as a eonsi nehall iserinikiee listed above. The vendor further agrees that, as compensation for expenses inclined in selling wilisiabs nen:did IPO pisnoluzie ii‘e eS) ef the ideal net of each game may be retained by the vendor as cornpensation. Pedninee Miusi receive 0 least WeisiO ra1 ii» OAP ilw Irons shish ohne AS 05.'188(11). The vendor further agrees that an amount equal to the ideal 001, less Me compensation week the vendor snail be paid by check by the vendor to he permittee upon delivery of a pulkab series. AS 05.15,188(0. R Is further agreed that the vendor will ensure pull-tab winner; of 550 01 100111' wib corniriele prize won» reams; ihSl d prize winner summary form will be completed for each pull-tab game andtetained with those winning pull (IS 15.187(i), glad inggir moods ni 11011-140 Willr1M will be given to the permittee to retain for the required two or three years. AS 05.15.187(0 It is further agreed that it is the vendors responsibility to ei eine si r,'!,'uirlOOlaiOCWrifl all applicabie•state statutes and regulations. It is further agreed that, if the vendor is no longer eligible 10 sell HAI-:;1.. Ihisp 1 gnome ink e10 mr1 chino': shall be mimed w th e permihee within 10days, the perminee loses the privilege to conduct gaming aii0r0s, run all unopened dna pea ..pnne; rnrust be !waled accordance with ISAAC 1.490. wed dare, under penalty of unsworn falsification, that We base entrained this farm, including strapisments, and that, with& belt of our knowledge and belief, it is trUe and complete. ndersta that any false statement made on this document or attachments is punishable gy o er "it 1-(4 :Mom wrors vor ,4Ird41G114 Department use only: date Stamp I Registration Fee is $50 Pay online with 011S at worizziodwilaskswoz gr make check now:: 10 Staft idaska. This registration form must be attached to a pooh it apt isation foam a nd will not be processed until the fee is received. Retain 4 copy [01' yin:i record; Yon 0405-854 web Rev 10/10 for 2011.pagel -125- RECE 854 Dane re(itllttee IlliVilleatni retie 0) 3 33 Gaming permite 1 Vermi name P�_ ict r Ge 2S 1CJ�{orvrtNa ly( I Member in Ma me phone number Phone number Member in mama Vendor Information Federal BN or Social Security Number` 20- 543f`y Beverayz dispensargirzense5 a l213 acka e storerrtensed 9 Owner name SIG N Pt, 5t\ Busfnate loame r L O i bl 1 l Businer ham /id Le(Jetehnr e C 4 oe lied Phon wn�er -1' u �y I 5J T> Pl y,ical aeceess bl senU CafiSn /4) ^70 fax number h 2 �j�L W 11 C OW J o Mailing address 77 (q ty 31 tom; ge"4 Pd ery 540107cc, Ste f Lp 4 lt(/ City rt f wr lacariot a K Ano..,rrrrr Zip +4 /‘l/ a, >AmmnviM VOUr mrai mcurdv number RECEIVE 2011 Alaska Pull -tab Vendor Registration DEC F 5 2010 A registration is required for each vendor location. A permittee may not contract with more than five vendors at one time Apply online at www. oxaiaska.gov /gaming. KENAI CITV G t@ .RJ Legal Questions These questions must be answered by the vendor. If the vendor answers Yes toa,ny question, please submit the persons name, date of birth, social ecurity number and posltionot responslbili DYes tlo Has any member management or any person who is responsible for gaming activities ever been convsc of a felony, extortion, or a violation of a law or ordinance of thttstate or another jurisdicttan, that lea clime involving th ft of drift t.nee a taiat;an gambling laws? ❑Yes No Doyouemploy or have a contract with the primary Of alternate memher charge, oft cer board membc r nagerofgamingfortheabov erorgantzation? oYes rdo 00 you have a contract other than avendor contract with the organization listed above? Vendor Contract to Sell Pull -tabs Pursuant to AS 05.15. 188, the vendor listed above hereby agrees to self pull tabs as a vendor on behalf of the pennittee listed above, the vendor further agrees that, as compensation for expenses incurred in selling pair -tabs on Mu::ft or the pe rh(tte., of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at lease 70% of the ideal net Gorr each game. AS 05.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to are ventior, shah be paid by check by the vendor to the permittee 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 550 or more will complete prim 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(1); and these records of pug-tab winners will be given ra the permittee to retain for the required two or three years. AS 0515.187(0. It is further agreed that 115 the vendos resonsibffiIy ta ensure gamey.; relly atOM; ',Miff)! t arideuedin rmrdance with all applicable state statutes and regulations. 1t is further agreed that, if the vendor is no longer eligible to sell Veil -tabs, Then all unor ened and opened pull lab ga mes shall he returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, :hen all unopened a td opened pal raa games must be treated in accordance with 15 AAC 160A40, We declare, under penalty of unsworn falsification, that we have examined thisform, Indu big attachments, and chat, to the best of our knowledge and belief, it is true and complete. We understand that any false statement j de en this docu ment or atcuchmens is punishable by law. vanrecrHme nasme of vendor imeuname to D rrru .8 are oniy edlidarion Registration Fee is $50 Pay online with OTIS at wwww.rax.alaskagov or make cheek payable to State of Alaska. This registration form must be attached to a permit application farm and will not be processed until the fee is received. Retain a copy for y r re cords 854 —126— Dare /6 /W Date parimenr u se only: date stamp 854 tarn 0405 -854 web Rev 10 /10 fa; 2011 page i to CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JANUARY 5, 2011 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. 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 1 /2 NE 1 /4 NE 1/4, 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. 2. 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. 3. Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by S25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, 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. 4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 5. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System. 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for $160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 7. Resolution No. 2011 -04 Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund. 8. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart /Package Store (License #4544) 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: January 6, 2011 NOTICE OF PUBLIC HEARING JANUARY 5, 2011 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. 2524 -2010 Increasing Estimated Revenues and Appropriations by S23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E 1 /2 NE 1 /4 NE 1/4, 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. 2. 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. 3. 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, T5N, 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. 4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for S46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 5. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System. 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for $160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 7. Resolution No. 2011 -04 Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund. 8. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart /Package Store (License #4544) 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 28, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. J KENAI CITY COUNCIL CHAMBERS htfp: //www.ci. kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Dennis Barnard Twin Cities Raceway /Stock Car Only Policy 2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track 3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Noise Mitigation Program for 2011. 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. 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 NE /4, 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. 2. 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 Y4 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. 3. 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, T5N, 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. 4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, TEN, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System. 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for $160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 7. Resolution No. 2011 -04 Pertaining to the Authorized Investments of. the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund. 8. *Liquor License Renewals Don Jose's Mexican Restaurant/Beverage Dispensary (License #3039) 2 Go Mart/Package Store (License #4544) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Approval Commission /Committee Member Term Renewals 4. Discussion Airport Land Permanent Fund 5. Discussion Possible Amendments to the Election Code. EXECUTIVE SESSION 1) Concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues; and, 2) Concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials. 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 PO #93476 following dates: January 3, 2011 PUBLISHER'S At FID UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss: Denise Reece being fi rst duly sworn, on oath deposes 'md 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 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the SUBSCRIBED AND SWORN to me before this 7th da o f January 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 V rr Carol L. Frees, City Clerk AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http./Iwww. ci. kena i. ak. u s ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1 Dennis Barnard Twin Cities Raceway /Stock Car Only Policy 2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track 3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Nois Mitigation Program for 2011 ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker presen however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. 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 %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 2. 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 '/4 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 3. 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 4. Resolution No. 2011-01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, TEN, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46.000,00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes 5. Resolution No. 2011-02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial. District, Kenai, Alaska, for $160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 7. Resolution No. 2011 -04 Pertaining to the Authorized Investments of, the Investment Allocations of and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund 8. *Liquor License Renewals Don Jose's Mexican Restaurant/Beverage Dispensary (License #3039 2 Go Mart/Package Store (License #4544) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3 Approval Commission /Committee Member Term Renewals 4. Discussion Airport Land Permanent Fund 5. Discussion Possible Amendments to the Election Code. EXECUTIVE SESSION- 1) Concerning a matter that could prejudice the reputation and character of another City Manager personnel issues, and,' 2) Concerning a matter that could prejudice the reputation and character of another Municipal ethics and violation of City ordinances by elected officials. ITEM M. ADJOURNMENT The public is invited to attend and participate.' Additional information is available through the City Clerk's office at 210 FidaIgo Avenue, or visit our website athttp /www.ci:kenai.ak.us.