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HomeMy WebLinkAbout2011-01-19 Council PacketI COUNCIL MEETING DATE: MAKE 19 PACKETS COUNCIL PACKET DISTRIBUTION Mayor /Council (6) Clerk (2) Library (1) Attorney (1) City Manager (1) Finance (1) Student Rep. (1) Hall Binder (1) Clarion (1) KSRM (1) Mellish (1) 1 Schmidt (1) Fire ELECTRONIC COPY NOTICE Send out notice to "All" with link to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish Schmidt's Office will pick their packet up in the Clerk's 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 Ibell@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. W a O 0 W 2 O cn en A Q 2 E-1 ra z 1 co 0 0 E-1 z 2 ct cn 0 0) cCk W W j 0 ca 5 O w J O CO w 1- cC O d 5 W 0 0 J W m 0 W O O m 0, 5 W 0 0 J W m 0 W O U O O 2 w J O m w O k M- 0 N 0 a 0 a J W W cc E O co 2 0 w 0 0 m 0) 5 0 rt Q 2 O O 2 U) n w 0 0 2 J w 2 07 (3 W 0 0 m 0) 0 rt Q 2 O O 2 w -J 0 CO w H ct O a J W W j cc 2 0 co 2com 5 0 cc Q 2 w -J 0 CO REQUESTED BY: None. JANUARY 19, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ADD TO: ITEM G-3 Ordinance No. 2527 -2011 1/18/2011 memorandum of Senator Tom Wagoner opposing the ordinance. CITY CLERK ADD AS: INFORMATION ITEM NO. 14 1/ 18/2011 R. Koch memo related to Escopeta Oil Project with draft support resolution. CITY MANAGER CONSENT AGENDA ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however n.o single speaker present m.ay speak for mon than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Frank Arbelovsky Senior Connection /Meals on Wheels 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.) Resolution No. 2011 -05 Supporting the Kenaitze Indian Tribe's Denaina Health and Wellness Clinic 2. Resolution No. 2011 -06 Approving a Collections Policy for Delinquent Ambulance Bills Owed to the City 3 3. OBJECTION TO CONTINUANCE OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (License No. 3209) LBaM Ventures, Inc., d /b /a Little Ski Mo Drive Inn (License No. 1774) 6 4. *Liquor License Renewal BPO Elks Lodge #2425 (License No. 368) 7 ITEM E: MINUTES 1. *Regular Meeting of January 5, 2011 11 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding 30 15,000 31 3. *Ordinance No. 2527 -2011 amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office 32 4. *Ordinance No. 2528 -2011 Amending the Kenai Municipal Code to Make Comprehensive Changes to All Rates, Charges, and Fees Imposed by the City in Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes; 5, Business and Occupations; 11, Harbor and Harbor Facilities; 14, Planning and Zoning; 15, Private Property; 18, Streets and Sidewalks; 20, Transportation; 21, City Airport and Airport Lands; and 22, General Fund Lands, and to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance, and Making Technical Changes and Corrections 37 5. *Ordinance No. 2529 -2011 Amending Chapter 7.30 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund," to Rename the Chapter as "Land Sales Permanent Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City Owned, Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections 61 6. *Ordinance No. 2530 -2011 Increasing Estimated Revenues and Appropriations by $31,819 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund 69 7. *Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000 72 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 74 2. Airport Commission 78 3. Harbor Commission 86 4. Library Commission 90 5. Parks Recreation Commission 96 6. Planning Zoning Commission 101 7. Miscellaneous Commissions and Committees a. Beautification Committee 107 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 110 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 113 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 Concerning a matter that could prejudice the reputation and character of another: City Manager Contract (at the Manager's request). 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 19, 2011 1/19/2011 Purchase Orders Between Review 2. Budget Transfer in Capital Projects in Excess of Page No. 2,500 and $15,000 for Council 125 5,000 3. City of Kenai Commission /Committee /Board Capital Improvement Project List 126 4. Boys Girls Club/ Kenai Recreation Center Use Information 145 5. 1/13/2011 M. Kebschull, City Planner memorandum regarding the Comprehensive Plan Status 149 6. 1/4/2011 L. Floyd, Building Official memorandum regarding Summary of 2010 Building Department Activity 150 7 1./13/2011 T. Eubank, Finance Director memorandum regarding Quarterly Financial Report 160 8. 1/13/2011 T. Eubank, Finance Director memorandum regarding Quarter Ending December 31, 2010 Investment Report 164 9. 1/4/2011 N. Carver, Planning Assistant memorandum regarding Summary of 2010 Code Enforcement Activity 179 10. 2010 Planning Zoning Commission Resolutions 181 11. Maintenance Department Requests for Repairs by Building, 2010 185 12. I./ 13/2011 Kenai River Special Management Area Advisory Board meeting agenda and minutes of the 12/9/2010 meeting 188 13. 2011 Alaska. Gaming Permit Application /Fraternal Order of Eagles Aerie #3525. 192 t(y Of AL LASK CITY OF KENAI RESOLUTION NO. 2011 -05 Suggested by: Mayor Porter A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE KENAITZE INDIAN TRIBE'S DENA'INA HEALTH AND WELLNESS CLINIC. WHEREAS, the Kenaitze Indian Tribe has a long history of providing needed services within the Kenai community and has been recognized as an important partner in providing for the well -being of the Alaska Native and American Indian residents; and, WHEREAS, the Kenaitze Indian Tribe's health and dental clinics are located in a commercial strip mall, which the Tribe has been leasing for the past 20 years. Although the number of patients using all Tribal services increased by 57% from 2001 to 2009, the clinic size is 65% below the level recommended by Indian Health Service; and, WHEREAS, due to the efficient administration of Tribal healthcare dollars, these services are made available at no cost for some of our most vulnerable citizens; and lacking a new facility, Kenaitze Indian Tribe's ability to provide primary care services in the central Kenai Peninsula will be compromised severely; and, WHEREAS, Kenaitze Indian Tribe and the Indian Health Service are planning a joint venture project to build and operate a new state of the art facility in Kenai to provide integrated medical, dental and behavioral health services to over 3,000 Alaska Native and American Indian people, 51% of whom are low and moderate income; and, WHEREAS, the Dena'ina Health and Wellness Clinic is one of only three projects nationwide selected by the Indian Health Service for the Joint Venture Construction Program in FY 2011. Under the joint venture, Kenaitze Indian Tribe will design, construct and equip the new facility; in exchange, the Indian Health Service will provide funding for the operation and maintenance of the facility for a minimum of 20 years; and, WHEREAS, the Dena'ina Health and Wellness Clinic's economic impact includes bringing more than $200 million in federal funding to the community over the next 20 years, new jobs through the hiring of local contractors and construction personnel, the employment of over 100 full -time health care professional staff, with at least 20 new positions being filled during the first year of operation, and, as new employees spend their earnings locally, the benefit will trickle throughout the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports the Kenaitze Indian Tribe's Dena'ina Health and Wellness Clinic. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January, 2011. Resolution No. 2011 -05 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 6 city KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -06 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A COLLECTIONS POLICY FOR DELINQUENT AMBULANCE BILLS OWED TO THE CITY. WHEREAS, the City of Kenai commenced billing for City- provided ambulance services on May 1, 1995; and, WHEREAS, through FY10 the City has collected $2,514,789 in ambulance fees but has carried an uncollected balance of $867,277 with delinquencies dating back to 1998; and, WHEREAS, in FY 10 the City invoiced $413,666 for 677 ambulance runs, if 100% collected, the financial equivalent of levying a mill rate of 0.66 mills on City property owners; and, WHEREAS, approximately 24% of patients transported by the City's Fire Department are not residents of the City and, absent potential sales tax, contribute nothing to the City's tax base to support these important, lifesaving services; and, WHEREAS, the City intends to begin actively collecting unpaid balances dating back to January 1, 2007, and may utilize a third party collection service to do so; and, WHEREAS, unpaid invoices dated January 1, 2007, to June 30. 2010, total approximately $250,000; and, WHEREAS, active collection action against patients who have failed to pay for ambulance services but who have the means and ability to pay is in the best interest of the City of Kenai and its taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council approves the following collection policy for delinquent ambulance bills: Patients who still have an unpaid balance after receiving a minimum of two invoices, and after receiving notification of the City's Charity Care Policy, shall be subject to the following collection procedures: 1. The City shall issue a demand for payment indicating the balance owed and providing documentation of the City's Charity Care Policy. The demand shall include a date by which the City must be paid in full or by which the patient must make written repayment arrangements with the City. 2. Patients may enter into a payment plan with the City for payment of their past due balance A payment plan may include a signed confession of judgment, a Resolution No. 2011 -06 Page 2 of 2 written repayment agreement, an assignment of their Alaska Permanent Fund dividend, or any combination thereof. 3. Patients failing to satisfy their account by payment, by approval for charity care, and /or by entering into a repayment plan by the due date shall be turned over to the City's third -party collection agent for further collection action. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR To: Rick Koch, City Manager /From: Terry Eubank Date: January 13, 2011 Re: Resolution 2011 -06 Ambulance Fee Collection Policy. Village with a Past Gcy with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 FAX: 907 283 -3014 Pursuant to Council requests, I have prepared a resolution approving the administration planned collection procedure on delinquent and future ambulance billing invoices. The change in policy is the final step in an overhaul of the City's ambulance billing process. This process has included implementing a third party billing service to process City ambulance bills, development and implementation of a charity care policy to assist those patients who have a limited or no ability to pay, and finally the development of a comprehensive collection procedure for unpaid patient bills. At June 30, 2010 the City was carrying $867,277 in outstanding ambulance hills some dating back to 1998. Invoices prior to January 1, 2007 shall be written off and no further collection action shall be taken. Invoices from January 1, 2007 through current total $254,520 and will be subject to the following collection action. Upon adoption of this collection policy, the City will be soliciting for 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. KE AI, ALASKA TO: Mayor and Council Members FROM: Carol L. Freas, Cih• City of Kena. l DATE: January 14, fi vitiLV RE: CONTINUED.( ie go duG t The City of Kenai is required b continued operation of liquor L following liquor licenses are not Alaskalanes, Inc., d /b /a Alask: Owing: Lease Pay: L M Ventures, Inc., d /b /a Litt Owing: Sales and R "Village with a Past, Gt with a Ftptre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai,ak.us MEMO y NDUM Kenai City Code states, 2.40.010 Obligations to City: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore- described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) These businesses have been sent a certified letter noting amounts owed and giving them until January 31, 2011 to pay the amounts owed. Does Council direct the City Clerk to forward a letter protesting the continued operation of the above- referenced Iiquor licenses if accounts are not current by Monday, January 31, 2011? itesting the is time the January 20, 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 BPO Elks Lodge #2425 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 renewals) based on unpaid taxes, delinquent taxes or obligations of the premises to the City. BPO Elks Lodge #2425 BPO Elks Lodge #2425, Club (License No. 368) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk elf cc: Kenai Borough Clerk KPB Finance Department Applicant January 3, 2011 Ms. Christine Lambert Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name BP0 Elks Lodge #2425 License Type Club License Location City of Kenai License No. 358 Dear Ms. Lambert, 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 /klr cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7620 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -476 -4441 Ext. 2160 Email: assemblyclerk @borough.kenal.ak.us JOHNI BLANKENSHIP BOROUGH CLERK Name Mailing Address a'k. li Title a t f eA€ a L Share 1 Phone 1.61 nip EI.iP i ct -1 .5 zit_ 3.03 tj A:L.) stt. kJ k if4i.h n r k f t d f� i :25 1 i it, License Number License Type Establishment' Name BPO Elks Lodge Yi 242 3t fi 6 ub i BPO Elks Lodge #2425 205 Barnacle KenaiAK 99611 Please mark the correct box to answer: 2011/2012 Liquor License Renewal ddress 1. Was your establishment open for business at least 30 days in 2009? 5\'es OWN° 2. Was your establishment open for business at least 30 days in 2010? QYes No 3. Has the licensed premise changed from the last diagram submitted? Dyes aio 4. Has any person named in this application been convicted of a felony? 'es io List all corporation members, managers and shareholders below: IE uxot a corporation or LLC List all individuals, spouses, or partners that own bu below: Name Mailing Address Title Phone ABC Board 5848 E. Tudor Rd Anchorage, AK. 99507 Page 1 of 2 Phone: 907 269 -0350 Fax: 907 -269 -9412 License Fee $1200.00 Application Fee g nay signature below: 1 declare under penalty of per urn that I have examined this a my knowledge and belief state it is true, correct and complete. 1 certify that 1 have read and am familiar with Title 4 of the Alaska statutes and corresponding regulations. i agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As a licensee (a sole proprietor, partner or officer, director, shareholder, mem entity to which license is issued), 1 certify that I have received alcohol server tr certification is currently valid. As a licensee, I certify that all other persons a Anted as partners, officers, directors, shareholders,, or members have received alcohol server training and their° eertifieation currently valid. As a licensee, I certify that all my agents and employees tasked with patron identific verification have received alcohol server training and their certification is currently valid. 11x 4711-1 Notar nature Notary Public in and for the State of P.I 5 a of .1, 7 r e, t j N y commission expires: Late Fee ABC Board 5848 E. Tudor Rd Anchorage, ASK 99507 Page 2 of 2 Phone: 907 269 -0350 Fax: 907 -269 -9412 -10- Fingerprint Fee TOTi Printed Naiate Title f the g and my Subscribed and sworn to before me this ITEM A: CALL TO ORDER "All items listed with an asterisk *j 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: 2. ITEM C: ITEM D: 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 naiades combined on their own and on others' behalf 2, AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto: /www.ci.kenai.ak.us SCHEDULED PUBLIC COMMENTS (Public comment limited to 70 minutes per speaker) Dennis Barnard Twin Cities Raceway/ Stock Car Only Policy Robert Flanders Twin Cities Raceway /Opposition to Motocross Track Barney Phillips Kenai. Peninsula Racing Lions /MX Division Noise Mitigation Program. for 2011. UNSCHEDULED PUBLIC COMMENTS (Public comment lim ited to 3 minutes per speaker) PUBLIC HEARINGS (Testimony Limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 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 '/z 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. Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by 580,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 1 /4 NE T6N, R11 W, 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, R1 1W, 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 R1.1W, 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 E; MINUTES 1. *Regular Meeting of December 15, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 -12- 3. Approval Comrni.ssion /Committee Member Term Renewals 4. Discussion Airport Land Permanent Fund 5. Discussion Possible Amendments to the Election Code. ITEM H: COMMISSION COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION 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: PENDING LEGISLATION (This item [fists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -13- ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: ww w. ci. kenai.. aka) s MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Mayor Joe Moore Terry Bookey LMike Boyle, Vice Mayor Ryan Marquis A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: MOTION: VOTE: Brian Gabriel Robert Molloy ITEM G -4, 1/5/2011 T. Eubank, Finance Director, memorandum with Airport Permanent Fund 12/31 /2010 balance and FY11 transfer amount information. MOVE: ITEM G -4, to be heard immediately prior to Public Hearings. ADD TO: Parks Recreation Commission Report Application of Charlie Stephens Council Member Molloy MOVED to adopt the Mayor's recommendation of amendments and add an amendment to switch the proposed order of executive sessions to make number two to number one. Council Member Boyle SECONDED the motion, -14- I Porter Yes Moore Yes Gabriel Yes I Bookey I Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL JANUARY 5, 2011 PAGE 2 *Student Representa EETING MINUTES ve Coffman: Yes MOTION PASSED UNANIMOUSLY. A -4. MOTION: VOTE: There were ITEM B: CONSENT AGENDA Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. 0 objections. SO ORDERED. SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 min.itt per speaker) -15- 8 -1. Dennis Barnard Twin Cities Raceway/ Stock Car Only Policy Mr. Barnard stated his address as 335 Dolchok Lane, Kenai. Barnard discussed concerns he had with the noise; believed Council needed to protect its citizens from the noise; it was a quality -of -life issue; the motocross was too much of an invasion of privacy; referred to the Department of Environmental Conservation findings with random noise; and, hoped Council would do something to preserve the quality of life, 8 -2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track Mr. Flanders stated his address as 4769 Beaver Loop Road, Kenai. Flanders noted the discussion held at the Borough Assembly related to the Racing Lions lease; he felt representatives of the Racing Lions were disrespectful of the property owners; he believed Council should have a vested interested in his concerns; he was opposed to the 30 -year lease; he objected to the motocross activity due to the amount of noise it caused and suggested that activity be held in a different location; would like the City to assist in putting up signs to warn drivers it is unlawful to drive snow machines on City streets and roads; and, stated he and his wife were concerned with the high speeds, noise, and their property value declining. B -3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Noise Mitigation Program for 2011. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 3 Mr. Phillips stated his address as 49121 Kay Street, Nikiska. Reported he was a member of the Racing Lions and discussed noise and other issues with property owners; art 8:00 p.m. shutdown of activity at the Raceway was requested, as well as a Sunday shutdown and that was worked out; the Club discussed a noise mitigation program and problems with trespassers; in order to have better control of the track, they had a camp host Last year and would again in 2011; they were also considering placement of security and motion cameras; an.d, as the next season started, they hoped to mitigate the problems. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Stated concerns he had with the discussion held at the December 21 meeting related to holding an executive session that had not been advertised; issue related to a code violation; that he made a Public Records Request and had received a portion of the information; and, the vehicle said to be in violation was parked in the driveway, that the registration had lapsed, but was now in compliance Schrag added he believed the issue had been handled at the Chamber mayoral debate. He suggested the issue be put to rest. Karen McGahan, 54025 Kenai Spur Highway, Nikiski Spoke in support of the Lions Raceway; noted the sport encouraged family involvement and offered positive activity; and, provided a history of the raceway development. Scott Bowen, 35723 Kenai Spur Highway, Nikiski Spoke in support of the Lions Raceway; noted he was a host during the last summer staying at the Raceway 24 hours a. day, seven days a week; believed there was exaggeration of how much the track was used; noted the track was closed down by 10:00 p.m.; he believed the track was important to families; and, the track was closed to the public as members had a key to open the gate. Jackie McGahan, 517 Maple Drive, Kenai Stated he was president of the Kenai Racing Lions and Circle Track; those involved were trying to work out problems; changes were being made to mitigate the problems; and, only one complaint had been received over the last year. Chet Soares, 1412 Fourth Avenue, Kenai Stated he was a past president of the Racing Lions; the group took complaints seriously; and, the Raceway was developed for a place for people to race. Patty Wroe, Soldotna Stated she was a member of the Racing Lions Board of Directors; noted it was a serious sport; it had a short season; races were only on weekends; believed an 8:00 p.m. shutdown would be a good time to close. Katherine Uei, Soldotna Spoke in support of the Racing Lions track and noted the group's efforts to obtain grants to assist in its efforts. -16- Porter 1 Yes Moore Yes Gabriel Yes Bookey j Yes Marquis j Yes Molloy Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 4 Steve Phelps, Kenai Stated he lived across the creek from the Raceway; thanked the Club for working on mitigating the problems; was told the Raceway would not he expanding; the noise from the Raceway leaves future development of his property in jeopardy; he was willing to try to work with the Lions to find solutions to the problems; the noise was offensive; and, suggested a requirement to reduce the noise by quieting the motors. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:16 P.M. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 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 Y: NE Ya NE `I 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. Council Member Marquis MOVED to enact Ordinance No. 2524 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Henry Knackstedt, 1602 Barabara Drive, Kenai Spoke in support of Ordinance No. 2524 -2010, noting he was a member of the Airport Commission and the Commission had been considering the use of the property as a buffer for airport noise, There being no one else wishing to speak, the public hearing was closed. Council and Administration comments included: Agreement with Knackstedt, noting interest for several years to use the property as a buffer and was pleased Administration was able to negotiate reasonable purchase prices for the properties. The funding for the purchase of the properties would be through the General Fund and the Airport Fund due to the planned use of the properties. VOTE: *Student Representative Coffman; Yes -17- Porter Yes Moore Yes i Gabriel Yes Bookey Yes Marquis Yes MolIov i Yes I Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 5 Boyle Yes MOTION: VOTE: MOTION PASSED UNANIMOUSLY. MOTION: MOTION PASSED UNANIMOUSLY. D -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 'A 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. Council Member Marquis MOVED to enact Ordinance No, 2525 -2010 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. There were n.o Council comments. 'Student Representative Coffman: Yes D -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, RI 1W, 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. Council Member Marquis MOVED to enact Ordinance No. 2526 -2010 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. Council and Administration comments included: There was a lot of this property that was useable. Was there any possibility neighbors might purchase some of the land to develop. -18- Porter Yes Moore 1Yes Gabriel Yes Bookey Yes Yes Marquis Yes Molloy Yes Boyle KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 6 It was not the intention of Administratioin to be land developers or speculators. VOTE: 'Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -01 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -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 Stoi ii Drain System. MOTION: Council Member Marquis MOVED for adoption of Resolution No, 2011 -02 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motio 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: -19- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 7 There were no objections. SO ORDERED. D -6. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -03 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -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,. MOTION: Council Member Moore MOVED for adoption of Resolution No. 2011 -04. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. D -8. 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. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart, /Package Store (License #4544) Approved by Consent Agenda. ITEM E: MINUTES -20- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 8 E-1. Agenda. *Regular Meeting of December 15, 2010 Approved by Consent ITEM F: UNFINISHED BUSINESS None. ITEM 0: NEW BUSINESS 0-1. Ratification of Bills MOTION: Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. 0-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED to approve the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Approval Commission /Committee Member Term Renewals Mayor Porter nominated the following persons for appointment or reappointment: Eileen Bryson Library Commission Charlie Stephens (new appointment) Parks Recreation Commission Ben Gilman Parks Recreation Commission Bob Peters Harbor Commission Phil Morin Harbor Commission Peggy Baxter Beautification Committee Glenda Feeken Airport Commission Joanna _Hollier Council on Aging Linda Flowers Council on Aging Scott Romain Planning Zoning Barry Eldridge (new appointment) Planning Zoning Virginia Richards (new appointment) Library -21- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 9 MOTION: Council Member Molloy MOVED to approve the nominations. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. It was noted, Porter did not nominate Mr. Brookman for reappointment to the Planning Zoning Commission. Council Member Boyle objected to the request for unanimous consent. A question of the process was raised and City Attorney Stearns noted the Mayor nominated and Council could approve the nominations or not. MOTION TO DIVIDE THE QUESTION: Council Member Boyle MOVED to divide the question and Council Member Marquis SECONDED the motion. Boyle noted his motion was to separate the Planning Zoning Commission appointment /reappointment from the other nominations. Discussion followed on the parliamentary process. VOTE ON DIVISION OF QUESTION: *Student Representative Coffman: Yes Porter I No Moore 1 Yes Bookey j Yes Marquis 1 Yes Boyle i Yes I I MOTION PASSED. VOTE ON NOMINATIONS (OTHER THAN PLANNING ZONING COMMISSION): There were no objections. SO ORDERED. MOTION: Council Member Moore MOVED to nominate Barry Eldridge and Scott Romain to the Planning Zoning Commission. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED to divide the question of Scott Romain and Barry Eldridge. Council Member Boyle SECONDED the motion. VOTE ON DIVISION OF QUESTION: -22- Gabriel Yes Molloy 1 Yes Porter Yes Moore i Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Boyle Yes Porter No Moore Yes Gabriel No Bookey Yes Mar uis Yes 1 Molloy Yes Boyle Yes 1 Porter 1 Yes Moore Yes 1 Gabriel I Yes Bookey i No Marquis No 1 Molloy 1 No I Boyle I No KENAI CITY COUNCI JANUARY 5,2011 PAGE 10 EETING MINUTES *Student Representative Coffman: Yes MOTION PASSED. MOTION: Council Member Molloy MOVED to nominate Scott Romain for appointment to the Planning Zoning Commission. Council Member Marquis SECONDED the motion. VOTE ON ROMAIN APPOINTMENT: }Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION: Council Member Moore MOVED to nominate Barry Eldridge to the Planning Zoning Commission and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Council Member Boyle objected to the request for unanimous consent. Council Member Molloy stated he appreciated Eldridge's service to the City Council and Harbor Commission and appreciated Mr. Brookman's service. He saw no reason not to reappoint Brookman and added, there was no information included in the packet on the matter. VOTE ON ELDRIDGE APPOINTMENT: *Student Representative Coffman: Yes MOTION FAILED. -23- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 11 G -4. Discussion Airport Land Permanent Fund Heard prior to Public Hearings. Bert Wagnon, Alaska Permanent Capital Mr. Wagnon provided a report and reviewed the investment returns of the Airport Land Sale Permanent Fund portfolio for the last year, provided estimated portfolio returns based upon historical results of portfolios invested, and provided recommendations for changes in the City's current investment policy and allocation amounts. G -5. Discussion Possible Amendments to the Election Code. Clerk Freas reviewed the information included in the meeting packet and recommended areas of the election code for amendment. Council requested the City Attorney and City Clerk develop an ordinance to bring to Council for consideration to identify a deadline for accepting absentee ballot requests (matching the Borough's deadline), to include recount costs in the fee schedule and maintain the fee within the election code, and propose language to allow voting via electronic transmission. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting was scheduled for January 13. H -2. Airport Commission Council Member Marquis reported the next meeting was scheduled for January 13. Harbor Commission Council Member Gabriel reported the next meeting was scheduled for January 10. 11-4. Library Commission Council Member Marquis reported there was no quorum for the January 4 meeting. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled for January 6, 2011. 11-6. Planning Zoning Commission Council Member Molloy reported the next meeting was scheduled for January 12, 2011. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported the next meeting was scheduled for January 11, 2011. 11-7b. Alaska Municipal League Report Council Member Bookey reported the AML Winter meeting was scheduled for February 8, 9, and 10. It was noted Mayor Porter and Council Member Bookey would be attending. -24- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 12 H -7e. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention ee Visitors Bureau Council Member Bookey reported the next meeting was scheduled for January 25, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils Report was included in the packet. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Thanked commission and committee members for their service. Reminded Council Members of the Employee Appreciation Dinner and encouraged them to donate items to be used for door prizes. Would be speaking at the Economic Forum scheduled for January 13 and 14. Reported she received a letter from a concerned citizen stating concern the Boys Girls Club membership fee was being raised to $75.00 per child. She requested the City Manager to investigate whether the City has any oversight of the fees charged. Reported she sent thank -you notes to Commissioners and thanked, them for their service. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: Administration was working with the Borough with regard to its Computer Aided Dispatch and a presentation was scheduled in the next week. ation and a recommendation would be presented to Council in the near future, He planned to attend the Municipal Managers meeting in Juneau which would take place at the same time as the AML Winter meeting. He met with Senator Wagoner and Representative Olsen to discuss City funding issues as well as the upgrade of Wildwood Drive. The City received two Department of Environmental Conservation awards related to the development of a wellhead protection area. He was working with Senior Director Craig in preparing a Council on Aging resolution supporting an increase to Medicare Choice Waiver for meals. A similar resolution would be brought to Council for its consideration as well. He would be making a presentation to the Chamber of Commerce on January 19 related to Personal Use Fishery and Finance Director Eubank will assist. He would be out of the office on January 12, 26 and 27. He requested a work session be scheduled to discuss an amendment to the residential building code related to sprinkling in one and two -story homes. He added, the City could amend its code to not include this national requirement. A work session was scheduled for March 3, 2011, beginning at 6:00 p.m. -25- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 13 A brief discussion followed related to the memorandum included in the packet reporting on the collection of overdue ambulance bills and Administration's action plan. Because the intent was to provide a policy for ambulance collections, concern was expressed Council should approve the policy through consideration of a resolution. Concern was also expressed it would be appropriate for the City Manager to set the policy. Administration was requested to prepare a resolution for Council to consider. J -2. Attorney City Attorney Stearns offered to speak individually with the Council to identify the Legal Department's process for handling delinquent accounts. J -3. City Clerk City Clerk Freas reminded Council to RSVP for the employee appreciation dinner and reported she prepared and submitted a paper reduction proposal and it was available in their mailboxes. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Barry Eldridge, 2679 Bowpicker Lane, Kenai Commented on the Planning Zoning Commission appointment discussion and reported his disappointment he had not been appointed. Bob Peters, 902 Mission Avenue, Kenai Commented the "us versus them was not productive or attractive and the newest appointment to the Library Commission was a student, and would have full voting powers. K -2. Council Member Comments Moore Thanked Mr. Wagnon for his report on the Airport Land Sale Permanent Fund and encouraged all to attend the Economic Outlook Forum. Gabriel Reported on the Alumni Hockey Game, noting Kenai won and approx mately $5,000 was raised for the Kenai Booster Club. Stated he was pleased the Racing Lions and property owners were very cordial and were willing to try and work out their problems. Thanked City Attorney Stearns and City Clerk Freas for their work in reviewing the election code and suggesting possible amendments. Bookey and benefici appreciation Commented on the number of people who attended the meeting. Felt the Airport Land Sale Permanent Fund presentation was very good al. Would be out of town for the appreciation dinner, but stated his for the efforts of the employees. Coffman Gave a. brief report on ongoing activities at the high school, including basketball games and school -wide food drive. -26- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5,2011 PAGE 14 Marquis Stated he appreciated the Racing Lions and property owners' cordiality, adding it was good to have people involved. Molloy Stated he appreciated the presentations from the Racing Lions and property owners and encouraged them to continue to discussion work out their concerns. Referring to the information item in the packet, congrattdated Senior Director Craig and her staff with regard to their providing the Nutrition, Transportation and Support Services through the State's grant program rl %TION: Wished all a happy new year. Boyle Extended congratulations to Director Craig and her staff. Congratulated Christine Cunningham for her Alaska Fish article and her command of the English language. Commented h.e had been in violation of the City Code; apologized to the Council and employees because of the time that was spent on the issue; if Council wished to discuss the issue more in an executive session, he would exercise his option to make the discussion public; and, he did not believe there was anything further to discuss. EXECUTIVE SESSION 2) Concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials; and, 1) Concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues. (Sequence changed with approval of agenda.) Council Member Moore MOVED to convene in an executive session of the Council of th.e City of Kenai, concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials. Council Member Gabriel SECONDED the motion. Council Member Marquis stated his opposition to convening in an executive session; he was disappointed the matter was on the agenda; he believed it was inappropriate; and, encouraged the Council to work together on behalf of the residents of the City. Council Member Molloy stated his opposition to convening in an executive session; believed it was out of order; the target was Vice Mayor Boyle; the City did not have a process for the Council to police each other; and, if Council wanted a vehicle for policing itself, he agreed an ordinance was needed to provide direction. Council Member Bookey stated his concern an executive session was being considered as little information was provided to Council or the public and he believed the Council needed to work in harmony. -27- Porter Yes Moore Yes Gabriel Yes Booker No No Marquis No Molloy No Boyle Porter I Yes Moore Yes I Gabriel Yes Bookey 1 Yes 1 Yes Marquis Yes Moiiov I Yes Boyle KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 15 Council Member Gabriel stated he was hoping the issue could be worked out so it would not look as though the Council was divided and he believed an executive session would be a good forum where the case could be stated and settled. Mayor Porter stated it was not her intent to embarrass anyone, but she felt Council needed to be aware of the circumstances and facts; felt it was vital to address the issue; the Council should lead by example; and, read the Oath of Office, VOTE ON CONVENING TO EXECUTIVE SESSION: MOTION FAILED. MOTION: Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai, concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues. Council Member GabrieL SECONDED the motion. City Manager Koch was asked to attend. VOTE ON CONVENING TO EXECUTIVE SESSION: MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 10:20 P.M. BACK TO ORDER: 11:15 P.M. Council Member Moore reported the Council met in an executive session with City Manager Koch and agreed to meet again in two weeks at the next meeting. Mayor Porter passed the gavel to Council Member Moore, explaining her intention to speak to the Boyle issue and it would not be appropriate to pass the gavel to Vice Mayor Boyle. Council Member Molloy called for a point of order as he believed the subject was closed and discussing it further would he out of order. Council Member Moore stated he would allow Porter to comment. -28- KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 16 MOTION: Council Member Molloy MOVED to challenge the ruling of the Chair as it was out of order and requested the body to vote on it. Council Member Marquis SECONDED the motion. Discussion on the motion included whether it was a continuance of the earlier discussion; that the motion was not debatable; a yes vote would support the ruling of the Chair and a no vote would stop the discussion; and, comments that it would be unfair for the Mayor not to make a statement; and, because the executive session would have been about Vice Mayor Boyle, he had the right to speak to the issue. VOTE ON CHALLENGE OF THE RULING OF THE CHAIR: Porter Bookey 1 Boyle UPHOLDING THE RULING OF THE CHAIR FAILED. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 11:24 p.m. Minutes submitted by: Carol L. Freas, City Clerk Yes Moore I Yes No Marquis No No L -29- Gabriel No Molloy No *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall he 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. J 0 z O V r o W N w Z of V 0 0 0 0 N' r 40 UJ w O 0 H z W 4 0 r 0 0 O w F 0 J 0 G 4 -1 w 0 CO 0 0 w 0 Z S J -30- 0 0 0 0 0 0 0 J 0 0- 0. a a J U z J V 0 U W W z 2 U_ x 0 0 0 0 1 uJ W 0 N 0 0 a' 0 uJ a x 0 00 a 0 Y 1- 2c 0 a CdJ z a c 5 0 Z W Q O LL -31- 0 Q z 0 co cd 0 KEKRv ALASKA Sponsored by: Council Members Bookey and Molloy CITY OF KENAI ORDINANCE NO. 2527 -2011 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND ZONING COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED "APPOINTMENT TO PLANNING AND ZONING COMMISSION" REQUIRING PUBLIC ADVERTISEMENT AND NOTICE OF VACANCIES ON THE COMMISSION, PERMITTING ANY MEMBER OF THE COUNCIL TO NOMINATE A PERSON FOR APPOINTMENT TO THE COMMISSION, AND DEFINING THE TERM OF OFFICE. WHEREAS, Chapter 1.90 of the Kenai Municipal Code, Chapter 1.90 establishes standard procedures for all boards, commissions, and committees of the City of Kenai; and, WHEREAS, section 1.90.010 sets forth an appointment procedure for members of boards, commissions, and committees whereby the Mayor may nominate a person to serve as a member which nomination must be confirmed by the City Council; and, WHEREAS, the procedures set forth in Chapter 1.90 do not provide for or require general public notice or advertisement before the Mayor nominates and the Council confirms an appointment to a vacancy on a board, commission, or committee; and, WHEREAS, the procedures set forth in Chapter 1.90 are general requirements only and are followed to the extent that they do not conflict with more specific requirements found in code sections pertaining to specific boards, commissions, and committees; and, WHEREAS, as established in KMC 14.05.010, the duties of the Planning and Zoning Commission (Commission) include both advisory and decision- making duties; and, WHEREAS, the Commission's powers and duties include advisory duties to the City Council as well as to the Borough Planning Commission, with such duties including rnaking recommendations regarding rezoning applications, proposed amendments to the Kenai Zoning Code, and City and airport land lease and sale applications; and, as regards the Borough, acting in an advisory capacity on subdivision plat proposals, rights -of -way and easement vacation petitions, and on other matters; and, WHEREAS, with respect to its decision malting duties, the Commission acts as a quasi judicial body, conducting public hearings on matters that have important consequences to owners of private property, such as acting upon applications for conditional use permits and variances; and, New Text Underlined; [DELETED TEXT BRACKETED] -32- Ordinance No. 2527 -2011 Page 2 of 4 WHEREAS, the importance of the work of the Commission and its members, and the dedication of time required of the members to perform their duties, is recognized in the City's Code, including in KMC 1.85.070(a) requiring Commission members to file annum financial disclosures and in KMC 14.05.010(d) authorizing compensation of member of S 100 per month for their work, both requirements and benefits not imposed or conferred upon members of other City boards, commissions, or committees except the City Council; and, WHEREAS, by creating a more public application and nomination process for selection of members of the Commission, the City provides a more open process that encourages public participation in municipal government and creates a transparent process for individual residents of the City of Kenai to make their interest in public service on the Commission known; and, WHEREAS, a more open process for recruitment of members to serve on the Commission represents a substantial step toward addressing a major recommendation arising out of the City's Town Hall Meeting held in May, 2010, wherein the public requested that the City foster communication through collaborative, engaged decision making processes; and, WHEREAS, it is in the best interest of the City of Kenai for the City Council to adopt additional processes and procedures unique to the Planning and Zoning Commission for the filling of vacancies on that Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section 14.05.015, Appointment to Planning and. Zoning Commission, to read as follows: 14.05.015 Appointment to Planning and Zoning Commission. (a) Public notice; application. Whenever a teuu of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the vacancy. The vacancy, and a request for applications, shall be advertised at least twice a week for two (2) weeks in a newspaper of general circulation, posted on the City's website. and posted in at least three (3) other public places in the City, one of which shall be the official bulletin board of the City at City Hall. The last date of newspaper publication shall be no later than seven (7) days before consideration of the appointment by the Council. An applicant shall file with the City Clerk a completed application on a form provided by the Clerk. The deadline for filing an application shall be advertised and shall be the deadline for timely submissions to the City Council New Text. Underlined; [DELETED TEXT BRACKETED] -33- Ordinance No. 2527 -2011 Page 3 of 4 meeting packet (as set by the polices and procedures of the Council) for the meeting at which the appointment is on the Council agenda. All applications filed by the advertised deadline shall be placed in the Council packet. (h) Nomination. Consideration shall be given to the qualifications and merits of each applicant by providing the Council with copies of all applications in the meeting packet for the Council meeting at which the matter is to be considered. The Council shall make nominations only from the list of persons who timely submitted an application. Upon motion approved by the Council the Council may re -open the application period or consider additionally submitted applications. (c) Appointment by Council. Members of the Planning and Zoning Commission shall be appointed by the Kenai City Council. Any Council Member may nominate a person for appointment from the pool of applicants. After all nominations are made, the Council shall use secret ballot voting to select the Commission member. (d) Tenn of Office. Members of the Commission shall be appointed for a term of three years. Terms shall end on December 31 of the third year, provided that a member shall continue to serve until a successor is appointed and takes office. Appointments to fill vacancies shall be for the unexpired term. In the event a seat has six (61 months or less remaining to the unexpired term, the Council, at its discretion, may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second clay of February, 2011. PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] -34- Ordinance No. 2527 -2011 Page 4 of 4 ATTEST: Carol L. Freas, City Clerk Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 New Text Underlined; [DELETED TEXT BRACKETED} -35- KENAI, ALASKA MEMO INDU I TO: Mayor Pat Porter and City Council Members FROM: Council Members Terry Bookey and Bob Molloy DATE: January 13, 2011 RE: Ordinance No. 2527 -2011 "Village with a Past, C# with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kehai.ak.us The proposed Ordinance No. 2527 -2011 suggests changes to how members of the City's Planning Zoning Commission are nominated and confirmed by the Council. We believe the "whereas" statements in the draft adequately describe the intent of the ordinance and the reasons for its proposal. By way of short summary, the most significant change to the process of appointing Planning Zoning Commission members is the addition of a formal notice process for recruitment of applicants for a vacant or expiring seat. We also propose some modifications to nomination process. The ordinance would permit any member of the Council to nominate someone to a vacant or expiring seat and voting by the Council would be by closed ballot. Finally, while the ten) of office and expiration of a normal term of a Commission Member's seat will remain three years and will expire on December 31 (just as with other City commissions and committees), the ordinance states that a person in an expiring seat continues to serve until their replacement is named. When filling vacant seats, if the vacant seat has less than six months remaining before the natural expiration of the term of the seat, the new person could be appointed to the next successive term if the Council elected to do so. -36- UMIX 10 CUII AL& UQ IU nu IVII inuunL.I\ Official Business Session January May State Capitol, 0427 Juneau, AK 99801 Phone: 907- 465 -2828 Fax: 907465-4779 DATE: TO: FROM: RE: Illfl nu. VVI 'TVJ RIIV ALASKA STATE LEGISLATURE SENATOR THOMAS H. WAGONER Co- Chair: Senate Resources Committee Member: C &RA Committee Member: LB &A Committee Member: Regulatory Review Member: World Trade January 18, 2011 Kenai City Council i Senator Tom Wagoner t, flr7' i' Ordinance No. 2527 -2011 In closing, I recommend that this Ordinance not be adopted. Interim: May December 145 Main Street Loop; Suite 226 Kenai, AK 99611 Phone: 907 -283 -7996 Fax 907 283 -8127 I have reviewed the referenced Ordinance and respectfully submit the following as comments. RECEIVED JAN 19 2011 IKEN alp: CITY CLERK 1. Ensuring proper public notice of vacancies is valuable in soliciting public interest for any vacant position. 2. With few exceptions, the standard municipal practice in Alaska for appointments is the current practice with the City of Kenai appointment by the Mayor and confirmation by the Council. I can only assume that this proposed change has more to do with personality and suggest that it is not good practice to change a process because of a personality. 3. I believe there is a serious potential for improper influence if the City Council appointments a Commissioner whose decision is potentially appealed and subject to that Council's review. On appeal, who does the Council listen to first? The appellant or the Commissioner(s) who were appointed by them? 4. The public has the right to expect an arms- length separation between their initial decision makers and those who are the final arbiters. I don't believe this proposed process provides that public comfort. In fact, this process lends itself to the appearance of impropriety and undue influence of the City Council over the Commission and the individual Commissioners. He c f HENq\u� SNq CITY OF KENAI ORDINANCE NO. 2528 -2011 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TO MAKE COMPREHENSIVE CHANGES TO ALL RATES, CHARGES, AND FEES IMPOSED BY THE CITY IN KENAI MUNICIPAL CODE TITLES 3, ANIMAL CONTROL; 4, UNIFORM CODES; 5, BUSINESS AND OCCUPATIONS; 11, HARBOR AND HARBOR FACILITIES; 14, PLANNING AND ZONING; 15, PRIVATE PROPERTY; 18, STREETS AND SIDEWALKS; 20, TRANSPORTATION; 21, CITY AIRPORT AND AIRPORT LANDS; AND 22, GENERAL FUND LANDS, AND TO INCLUDE RATES, CHARGES, AND FEES IN A FEE SCHEDULE AUTHORIZED UNDER KMC 7.15.100 RATHER THAN IN A CODE ORDINANCE, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City; and, WHEREAS, although the Code provides for the establishment of a fee schedule, currently most fees charged by the City are established by City Code and, occasionally, in City regulation; and, WHEREAS, where routine City fees are set forth in City Code, the City cannot timely change its fees in order to respond to changes in the business climate and /or the increase in the cost of doing City business; and, WHEREAS, codification of fees limits the City's ability to change the fee amount, as business practices or other situation arise, in a timely manner; and, WHEREAS, elimination of specific fee amounts and the creation of a fee schedule to be approved by resolution of the Council will provide increased flexibility in the City's management of its charges, rates, and fees; and, WHEREAS, setting fees by resolution of the Council through adoption of a fee schedule, subject to periodic revision, provides a public process for notice and a hearing before the City implements a change to the City's rates, charges, and fees; and, WHEREAS, it is in the best interests of the City to adopt a comprehensive fee schedule of the City's rates, charges, and fees and to set most City fees and charges in a fee schedule approved by the City Council rather than by Code ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. New Text Underline& (DELETED TEXT BRACKETED( -37- Ordinance No. 2528 -2011 Page 2 of 2 3 Section 2. Amendment of Section 3.05.100 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.05.100, Fees, is hereby amended as follows: 3.05.100 Fees. (a) In addition to any other fee required by this title, the City may charge a fee for the following. which fees or charges shall be as set forth in. the City's schedule of fees adopted by the City Council: (1) Kennel facility license (2) Dog license. sterilized animal Do• license, unsterilized animal. Dog license tag, replacement plus duplicate (4) (5) Insertion of microchip (6) Animal boarding (7) Animal impoundment THE FEE FOR A KENNEL FACILITY SHALL BE ONE HUNDRED DOLLARS (5100.00).) (b) Animal boarding and impoundment fees shall be set based upon the type and weight of the animal boarded. [THE FEE FOR A DOG LICENSE SHALL BE TEN DOLLARS ($10.00) FOR A STERILIZED DOG AND THIRTY DOLLARS (S30.00) FOR ALL OTHER DOGS. THE FEE FOR REPLACING A LOST DOG LICENSE TAG WITH A DUPLICATE SHALL BE TWO DOLLARS ($2.00).1 Animal impound fees shall also be set so that the fee for the second impoundment and third impoundment of the same animal within a twelve (12) month period from the first impoundment shall be progressively higher than the previous impoundment. (c) The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees as set forth in the City's schedule of fees [SPECIFIED IN THIS SUBSECTION), provided that if, within thirty (30) days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Officer shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. Before redeeming an animal from impoundment, the owner must also pay for any shots required for the animal and pay for and obtain a license if the animal was not previously licensed. [(1) FIRST IMPOUNDMENT FEE: DOG FIFTY DOLLARS ($50.00); CAT FIFTEEN DOLLARS ($15.00). (2) SECOND IMPOUNDMENT FEE WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG SEVENTY DOLLARS ($70.00); CAT THIRTY DOLLARS ($30.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. Text Underlined, (DELETED TEXT BRACKETED) -38- Ordinance No. 2528 -2011 Page 3 of 23 (3) THIRD IMPOUNDMENT FEE AND THEREAFTER WITHIN A TWELVE (12) MONTH PERIOD FROM FIRST IMPOUNDMENT: DOG ONE HUNDRED DOLLARS ($100.00); CAT FORTY DOLLARS ($40.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED. (4) BOARDING FEE: DOG AND CAT, TWENTY DOLLARS ($20.00) PER DAY; OTHER ANIMAL WEIGHING MORE THAN FIFTEEN (15) POUNDS, THIRTY -FIVE DOLLARS ($35.00) PER DAY. THE BOARDING FEE ALSO SHALL INCLUDE ANY OTHER COSTS ACTUALLY AND REASONABLY INCURRED BY THE ANIMAL CONTROL OFFICE IN MAINTAINING THE ANIMAL, INCLUDING, BUT NOT LIMITED TO, MEDICAL CARE.] (d)[(5)] Any impounded animal which by reason of its size, strength, dangerous propensities, or other characteristics cannot reasonably be kept in the Animal Control Shelter may be reclaimed upon payment of an impoundment fee as set forth in the City's schedule of fees [OF ONE HUNDRED DOLLARS ($100.00)] plus the actual costs reasonably incurred by the Animal Control Office in impounding, transporting, and keeping the animal. [(D) THE FEE FOR INSERTION OF A MICROCHIP IS THIRTY -SEVEN DOLLARS (537.00).] Section 3. Amendment of Section 3.25.060 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.25.060, Adoption procedure, is hereby amended as follows: 3.25.060 Adoption procedure. (a) A person adopting an impou.nded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with KMC 3.15.100, The adoption fee shall be as set forth in the City's schedule of fees adopted by the City Council. (b) A person adopting an animal shall comply with the licensing requirements of KMC 3.15 or 3.20 as they apply to that animal. (c) in addition to any other fees required by this title, a person adopting a dog or cat from the City of Kenai Animal Shelter shall pay a [$25.00] deposit as set forth in the City's schedule of fees adopted by the City Council. The deposit shall be refunded upon submission of a veterinarian's certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the date of adoption. For dogs or cats under six months of age at adoption, the certificate must be presented within seven (7) months of adoption. Section 4. Amendment of Section 4.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.05.030, Fee schedule, is hereby amended as follows: New Text Underlined (DELETED TEXT BRACKETED -39- [TOTAL VALUATION FEE $1.00 $500.00 $23.50 $501.00 $2,000.00 S23.50 FOR THE FIRST $500.00 PLUS $3.05 FOR EACH ADDITIONAL 8100.00, OR FRACTION THEREOF, TO AND 1NCL I UDING 82,000.00 $2001.00 $25,000.00 $69.25 FOR THE FIRST $2,000.00 PLUS S14.00 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $25,000.00 $25,001.00 $391.25 FOR THE FIRST $25,000.00 PLUS $10.10 FOR EACH $50,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $50,000.00 550.001.00 $643.75 FOR THE FIRST $50,000.00 PLUS $7.00 FOR EACH $100,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $100,000.00 $100,001.00 $993.75 FOR THE FIRST $100,000.00 PLUS $5.60 FOR EACH $500,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $500,000.00 S500.001.00 $3,233.75 FOR THE FIRST $500,000.00 PLUS $4.75 FOR EACH $1,000,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $1,000,000.00 $1,000,001.00 AND UP $5,608.75 FOR THE FIRST $1,000,000.00 PLUS $3.65 FOR EACH ADDITIONAL 1,000.00, OR FRACTION THEREOF Ordinance No. 2528 -2011 Page 4 of 23 4.05.030 Fee schedule. (a) The first paragraph of Section 108.2 of the International Building Code adopted by this chapter is amended to read as follows: The fee for each building permit shall be paid to the City as set forth in the City's schedule of fees adopted by the City Council. Building permit fees shall be based upon the value of the improvement. Plan review fees shall be sixty -five percent (65% of the building permit fee. The applicant shall pay the plan review fee at the time the applicant submits the building permit application to the City. The City may also assess ad.ditional fees as set forth in the fee schedule for additional inspections as may be required by changes, additions, or revisions to plans. [TABLE NO. 1 -A OF THE KENAI MUNICIPAL CODE AT 4.05.030(B) PLAN REVIEW FEE SHALL BE 65% OF THE BUILDING PERMIT FEE AS SHOWN IN TABLE 1 -A FOR NEW COMMERCIAL CONSTRUCTION. PLAN REVIEW FEES SHALL BE PAID AT THE TIME APPLICATIONS FOR BUILDING PERMITS ARE SUBMITTED. (5) TABLE 1 -A BUILDING PERMIT FEES.] New Text Underlined; [DELETED TEXT BRACKETED -40- Ordinance No, 2528 -2011 Page 5 of 23 OTHER INSPECTION FEES: 1. INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS (MINIMUM CHARGE: 2 HOURS) $47.00 PER HOUR= 2. INSPECTION FOR WHICH NO FEE IS SPECIFICALLY INDICATED (MINIMUM CHARGE: 2 HOURS) $47.00 PER HOUR] 3. ADDITIONAL PLAN REVIEW REQUIRED BY CHANGES, ADDITIONS OR REVISIONS TO PLANS (MINIMUM CHARGE: 1 HOUR) $47.00 PER HOUR. 4. FOR USE OF OUTSIDE CONSULTANTS FOR PLAN CHECKING AND INSPECTIONS, OR BOTH ACTUAL COSTS' 1 OR THE TOTAL HOURLY COST TO THE JURISDICTION, WHICHEVER IS THE GREATEST. THIS COST SHALL INCLUDE SUPERVISION, OVERHEAD, EQUIPMENT, HOURLY WAGES AND FRINGE BENEFITS OF THE EMPLOYEES INVOLVED. ACTUAL COSTS INCLUDE ADMINISTRATIVE AND OVERHEAD COSTS.] Section 5. Amendment of Section 5.15.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.15.020, Detective agency license fee, is hereby amended as follows: 5.15.020 Detective agency license fee. It shall be unlawful for any person to engage in business as a detective agency without having first obtained [AND BEING THE OWNER OF A VALID AND SUBSISTING) a City license so to do,[;] to be known as a "detective agency license." The fee for said license shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND HEREBY IS FIXED IN THE SUM OF $50 PER ANNUM]. If the applicant is an association, firm, or co- partnership, such application shall be signed personally by each person composing or intending to compose such association, firm, or co- partnership. If the applicant is a corporation, such application shall be signed by the officer of the corporation authorized to sign such documents in the State of Alaska. Such application shall be sworn to by all persons signing the same before some person authorized to administer oaths. Section 6. Amendment of Section 5.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.15.040, Private detective license- -Fee, is hereby amended as follows: New Text Underlined' (DELETED TEXT BRACKETED] -41- Ordinance No. 2528 -2011 Page 6 of 23 5.15.040 Private detective license —Fee. It shall be unlawful for any person, whether licensed as a detective agency or not, to engage in the private detective business or to act or engage in business as a private detective without having first obtained [FIRST OBTAINING AND BEING THE OWNER AND HOLDER OF A VALID AND SUBSISTING] a City License so to do, to be known as a "private detective license. t]The fee for said license [WHICH] shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [AND IS HEREBY FIXED IN THE SUM OF $5.00 PER ANNUM]. Such private detective license shall carry the name of the detective agency by reason of which the private detective license is issued, and such license shall be in force and effect only as long as such person is possessed of, or is a member of a partnership or officer of a corporation holding, or is employed by the holder of such detective agency license. Section 7. Amendment of Section 5.25.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.25.050, License fee and term, is hereby amended as follows: 5.25.050 License fee and term. For issuance of a license, a[A]n applicant shall pay an annual fee as set forth in the City's schedule of fees adopted by the City Council. [A FEE OF $120 FOR THE ISSUANCE OF A LICENSE, WHICH] The license shall expire one year from its issuance. The Clerk may issue a license which shall expire within a shorter duration of time and the fee therefor shall [WILL] be proportionately reduced. All non profit organizations shall be exempt from paying the [ABOVE license fee. Said organizations making application should present proof sufficient to the Clerk of its non -profit status. Section S. Amendment of Section 5.30.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 5.30.040, License fee, is hereby amended as follows: 5.30.040 License fee. The license fee for engaging in, carrying on, or conducting business as a peddler or transient merchant shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [THE SUM OF TWENTY -FIVE DOLLARS ($25.00) FOR AN ANNUAL LICENSE]. Section 9. Amendment of Section 5.35.050 of the Kenai Municipal Code: The Kenai. Municipal Code, Section 5.35.050, Application and filing fees, is hereby amended as follows: 5.35.050 Application and filing fees. (a) Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his or her New Text Underlined; DELETED TE XT BRACKETED -42- Ordinance No. 2528 -2011 Page 7 of 23 behalf, and it shall be filed with the City Clerk and be accompanied with a filing fee as set forth in the Citv's schedule of fees adopted by the City Council [OF FIVE HUNDRED DOLLARS (S500.00) IN CASH[. No application shall request a permit to drill and operate more than one (1) well. The said application shall include full infoi« ation, including the following: The date of said application; Name of the applicant; Address of the applicant; Proposed site of the well, including name of the mineral owner and surface owner, name of the lease owner, and brief description of the land; (5) Type of derrick to be used; (6) The proposed depth of the well. Section 10. Amendment of Section 11.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.070, Facility rates and charges, is hereby amended as follows: 11.05.070 Facility rates and charges. The City [MANAGER) shall fix the rates and charges for the use of any and all terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators which load or discharge cargo at any of the terminals within the harbor area; charges for berthage while loading or discharging cargo; charges for administrative expenses in serving the carrier's charges for freight handling, loading, unloading and wharf demurrage rates. Such rates and charges shall be just and reasonable(, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE PUBLISHED BY POSTING ON THE COUNCIL BULLETIN BOARD AND IN SUCH OTHER MANNER AS THE COUNCIL MAY REQUIRE[. The rates and charges shall be as set forth in the City's schedule of fees adopted by the City Council. Section 11. Amendment of Section 11.15.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.15.150, Deposits for costs prerequisite to filing, is hereby amended as follows: 11.15.150 Deposits for costs prerequisite to filing. The application form will assist the applicant in determining the proper costs to advance, which will depend upon the nature of the right claimed, In all cases a filing fee as set forth in the City's schedule of fees adopted by the City Council shall [OF TEN DOLLARS ($10.00) WILL] he required. Survey costs depend upon the area claimed at a per foot [THEI rate as set forth in the City's schedule of fees [OF $.01516 PER New Text Underlined' [DELETED TEXT BRACKETED] -43- Ordinance No. 2528 -2011 Page 8 of 23 SQUARE FOOT]. If the area claimed is different from the lot as it appears on the Plat, the applicant shall show the measurements of the additional or lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will be the same in all cases. They cover the cost of time estimated to be required to examine, process, and approve the application, as well as to prepare and execute the deed, publish notice, give notice of additional costs, if any, and give notice to applicant. In all cases, transfer costs will be in an [THE] amount as set forth in the Citv's schedule of fees adopted by the City Council [OF $35.00]. Deposit for appraisal costs will be required in all cases of Class III preference rights, or where another asserted right is determined by the Council to be a Class III right. Appraisal costs shall [WILL] depend upon the area involved and the complexity of the appraisal sought. Where required as a deposit, the minimum and maximum deposit for the appraisal fee shall be as set forth in the City's schedule of fees [AMOUNT IS FIFTY DOLLARS ($50), BUT ADDITIONAL AMOUNTS NOT EXCEEDING $100 MAY BE REQUIRED PRIOR TO DELIVERY OF DEED]. Section 12. Amendment of Section 11.20.050 of the Kenai. Municipal Code: The Kenai Municipal Code, Section 11.20.050, Applications, is hereby amended as follows: 11.20.050 Applications. (a) All applications for lease of tidelands shall be filed with the Clerk on forms provided by her and available at City Hall which shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a [ONE HUNDRED DOLLAR ($100)] filing fee as set forth in the Citv's schedule of fees adopted by the City Council will be accepted for filing. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan showing and stating: The purpose of the proposed lease; The use, value, and nature of improvements to be constructed; The type of construction; (1) (2) (3) (4) Dates construction is estimated to commence and be completed; (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the area to be leased; (7) A detailed financial plan showing ability to carry through with the development plan; New Text Underlined [DELETED TEXT BRACKETED; -44- Ordinance No. 2528 -201 1 Page 9 of 23 (8) A performance bond of five percent (5 of the project's estimated cost (which bond shall not exceed fifty thousand dollars ($50,000), payable to the City. Section 13. Amendment of Section 11.20.790 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.20.790, Tideland leases for shore fisheries, is hereby amended as follows: 11.20.790 Tideland leases for shore fisheries. (a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council [THREE HUNDRED DOLLARS ($300.00) PER YEAR]. However, should the State of Alaska set an annual lease rate higher than that established by the City [THREE HUNDRED DOLLARS ($300.00)] for similar tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.150 shall be in addition to the annual minimum set forth above. (b) Neither KMC 11.20.160 nor KMC 11.20.620(a) shall apply to tideland leases for shore fisheries. (c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of KMC 11.20.110 are applicable to shore fishery leases. Section 14. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City [CLERK] a fee in [THE] an amount as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS (3100.00). A FEE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL ACCOMPANY AN APPLICATION FOR AMENDMENT TO THE KENAI ZONING CODE OR OFFICIAL MAP.] Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 15. Amendment of Section 14.20.180 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.180, Variance permits, is hereby amended as follows: New Text Underlined. ;DELETED TEXT BRACKETED] -45- Ordinance No. 2528 -2011 Page 10 of 23 14.2 0.180 Variance permits. (a) Intent. A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a. property owner of the reasonable use of his real. property. (b) Permit Application. An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A nonrefundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council [OF ONE HUNDRED DOLLARS ($100.00)). (c) Review Criteria, The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district, (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience, (3) The granting of the variance shall not authorize a use that is not a petantted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. (5) The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district. (d) Public Hearing. The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall [BE REQUIRED TO] pay a LONE HUNDRED DOLLARS ($100.00)] nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help [TOJ cover the costs of the public hearing notice. (e) Permit Expiration and Extension. An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. New Text Under)ined• [DELETED TEXT BRACKETEDI -46- Ordinance No. 2528 -2011 Page 11 of 23 (f) A proposed variance permit shall not be considered if a substantially similar variance permit has been considered and denied within the nine (9) months immediately preceding. Section 16. Amendment of Section 14.20.240 of the Kenai Municipal Code: The Kenai. Municipal Code, Section 14.20.240, Mobile homes, is hereby amended as follows: 14.20.240 Mobile homes. (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of the ordinance codified in this section. (b) No mobile home may be stored outside in the City of Kenai in a residential zoned area after the effective date of the ordinance codified in this section. (c) Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table, subject to the following mobile home standards: (1) No wrecked or dilapidated mobile home may be placed in a mobile home park. No mobile home may be placed in a mobile home park until it has been inspected to meet the requirements of this section. Mobile homes must have adequate sanitary facilities; a sanitary water supply; water heating facilities; heating equipment; cooking equipment; smoke detectors; carbon monoxide detectors; windows; ventilation; electrical service and be structurally safe; or meet the National Manufactured Home Construction and Safety Standards Act of 1974 enacted June 15th, 1976 with a seal certifying that it was built according to such standards. Verification may be done by submission of photographs or physical inspection at the discretion of the Building Official. Placement of mobile homes in mobile home parks shall require a building peitnit. Notwithstanding KMC 4.32.015— R105.5, a building permit for a mobile home shall expire ninety (90) days after the date of issuance unless an extension has been granted. (2) The fee for a mobile home building permit shall be as set forth in the City's schedule of fees adopted by the City Council PONE HUNDRED DOLLARS ($100.00)). The fee for the mobile home building permit may be paid in installments within ten (10) months of the issuance of the permit. The fee shall cover the costs of the initial inspection and subsequent inspection of foundation, skirting, code compliance, and entrances/ steps. Access shall be provided for the Building Inspector to inspect the furnaces, water heater, foundation or blocking, and verification of smoke and carbon monoxide detectors. (3) Mobile home service connections shall meet the requirements of the electrical code as adopted in KMC 4.30 and the plumbing code as adopted in KMC 4.25. New Text Underlined: (DELETED TEXT BRACKETED] -47- Ordinance No. 2528 -2011 Page 12 of 23 (4) Foundations. Mobile homes may be attached to permanent foundations; provided that the foundations comply with the City's building code. Additions to such mobile homes on peiuianent foundations shall be factory-built additions or shall comply with the building code and shall he attached to permanent foundations. Mobile homes that are not on permanent foundations shall be blocked as specified in this section, and may have either factory built additions or additions that comply with the building code. Such additions need not be placed on permanent foundations but must be placed on preservative treated wood or concrete pads /piers or concrete masonry units. (5) Blocking. In order for safe mountings for mobile homes that are not attached to permanent foundations may be provided, the minimum standards for blocking shall be as follows. Blocking shall be installed under the mobile home at the front and at the rear and at approximately eight feet (8') on center under the main frame members on each side of the mobile home, and under the tongue if it is not removable. If wood is used for blocking, the ground or bearing block at each point shall be a minimum of two -inch (2 nominal thickness and of preservative treated wood. Additional blocking used may be regular lumber placed on the wood bearing block or on a concrete pad or on a concrete masonry unit but shall be no longer or wider than the block beneath. Cored concrete blocks used for blocking the mobile home shall be placed vertically. All such concrete blocking shall be load bearing blocks commonly known as Class A concrete blocks. Materials and methods of blocking differing from those described in this section may be approved if submitted for approval prior to installation and approved by Building Official as consistent with the safety standards and goals set forth in this section. (b) Skirting All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The skirting shall be in such a manner as to withstand the elements and all access openings in skirting shall be closed when not in use and made of solid panels. (7) All entrances to a mobile home shall be provided with at least a three -foot (3') by three -foot (3') landing and steps both of which must be made of concrete, cemented blocks, steel, preservative treated lumber or painted lumber placed on preservative treated nominal two -inch (2 by four -inch (4 runners. The entrance to an attached deck or similar extension shall be considered as an entrance to a mobile home. (8) Additions. Only one (1) lean-to and one (1) arctic entry may be attached to any mobile home provided they meet the requirements of this section. Additions may not use the mobile home for structural support. No lean-to or combination of lean-to and arctic entry built or attached to any mobile home in a mobile home park shall have a floor area exceeding the floor area of the original mobile home to which it is attached. No addition shall he constructed or maintained of any size or in an.y position which violates the minimum separation distance, side yard, rear yard, front yard or maximum allowable lot coverage requirements that are applicable in the particular zone or mobile home park in which the mobile home and lean-to are located or New Text Underlined; [DELETED TEXT BRACKETED -48- Ordinance No. 2528 -2011 Page 13 of 23 constructed within five feet (5')-of the next adjacent mobile home space line. An arctic entry is allowed at an exit /entry door from the mobile home. Additions to mobile homes require a building permit. Additions may only be made to mobile homes meeting standards as set out in subsection (c)(1) of this section. (9) Outbuildings and Additional Structures. Detached structures shall not exceed two hundred (200) square feet. Detached structures shall be separated from the m.obile home on the same lot /space by a minimum of five feet (5') and no closer than ten feet (10') from any other mobile home or Lean-to or other building in the mobile home park. Detached structures shall require a building permit as required under the residential code adopted in KMC 4.32. The construction of lean-tos and similar structures shall be accomplished only after obtaining a building permit from the building official, and then in accordance with the city's building code. (10) Setbacks and Separation Distance. (i) In new mobile home parks, there shall be a side yard of not less than fifteen feet (15') at the entry side of the mobile home, a side yard of not less than five feet (5') at the non -entry side, a rear yard of not less than five feet (5') and a front yard of not less than ten feet (10'). (ii) In mobile home parks established before the adoption of the ordinance codified in this section, there shall be a minimum ten feet (10') separation distance between any mobile home or building and any other building or mobile home in the mobile home park. (iii) Mobile homes shall have a minimum of one (1) side fronting a roadway or other accessory having a minimum unobstructed width of twenty -four feet (24'). (11) Space Size for New Mobile Home Parks. Each conventional single -wide mobile home shall be located on a plot /space having an area of not less than three thousand two hundred (3,200) square feet and each double -wide mobile home shall be located on a plot having an area of not less than four thousand two hundred (4,200) square feet. A mobile home may not cover more than forty percent (40 of the plot /space size for that mobile home. (12) Space Numbers. Each mobile home must have the space number of mobile home park displayed either on the mobile home or on a post located at the front of the space. (13) Parking. A minimum of two (2) parking spaces per mobile home will be provided per KMC 1420.250. (14) All mobile homes in. mobile home parks shall be connected to water and sewer systems approved by the State of Alaska, Department of Environmental Conservation before they may be occupied. (d) Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes or stored outside may have such use New Text Undetlined [DELETED TEXT BRACKETED] -49- Ordinance No. 2528 -2011 Page 14 of 23 continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (e) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City Limits on the construction job they serve, but shall be removed immediately upon completion of said construction. (f) Manufactured and modular homes as defined are exempt from this subsection. Section 17. Amendment of Section 14.20 270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (0) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non- refundable deposit /advertising fee as set forth in the City's schedule of fees adopted by the City Council, [ONE HUNDRED DOLLARS ($100.00)] and any other pertinent information requested by the City. New Text Underlined; [DELETED TEXT BRACKETED] -50- Ordinance No. 2528 -2011 Page 15 of 23 (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all cert ified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 18. Amendment of Section 14.20.290 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.290, Appeals —Board of adjustment, is hereby amended as follows: 14.20.290 Appeals —Board of adjustment. New Text Underlined [DELETED TEXT BRACKETED] -51- (a) Any person(s) aggrieved by a final decision of the administrative official or Commission may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a "person(s) aggrieved" by a final decision of the administrative official or Commission the person must be (1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrative official; or (3) an occupant or owner of an interest in real property who can show proof of the adverse effect that the action or determination has or could have on the use, enjoyment, or value of that real property. An interest that is no different from that of the general public is not sufficient to make a person aggrieved; or (4) any person who was entitled under Section 14.20.280(c) to notice by mail of a public hearing on an application for the action or dete urination; or (5) a resident of the City of Kenai. (b) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an "aggrieved person." (4) A statement of the relief requested by the appellant. Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska i Percent of fee reduced 1 -100% 100% Waiver 101 -149% 75% Waiver 150- 174% 50% Waiver 175 -199% 25% Waiver 200% plus No Waiver Ordinance No. 2528 -2011 Page 16 of 23 (5) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the property. (6) The appellant shall pay a FA] filing and records preparation fee as set forth in the City's schedule of fees adopted by the City Council (OF ONE HUNDRED DOLLARS ($100.00) WILL BE CHARGED]. An application to proceed with an appeal as an indigent may be filed with the City Clerk's office on a form provided by the Clerk. The chair of the hoard of adjustment may allow an applicant who qualifies as an indigent a reduced filing fee, a payment plan, or a waiver of the filing fee where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced or waived in accordance with the following schedule. Any appellants with income equal to or less than two hundred percent (200 of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. (c) The City Clerk shall reject any notice of appeal that does not comply with the requirements of Section 14.20.290(b) and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. The Board of Adjustment shall resolve any issues of standing or whether a party is "aggrieved" under KMC 14.20.290(a). (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. New Text Underlined' [DELETED TEXT BRACKETED] -52- Ordinance No. 2528 -2011 Page 17 of 23 (e) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code; (2) a decision not to issue an enforcement order under KMC 14.20.260 or any other provision of the code; (3) any recommendation for or against approval of the adoption, revision, or amendment of the zoning code, zoning map, comprehensive plan, any other plan, a rezoning or any other matter involving a recommendation. (f) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) —(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parries and to all property owners within three hundred feet (300') of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested, (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above- mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim. transcript. The minutes and verbatim transcript shall be made a public record Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participating in the appeal. Section 19. Amendment of Section 15.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.030, Costs, is hereby amended as follows: New Text Underlined !DELETED TEXT BRACKETED] -53- Ordinance No. 2528 -2011 Page 18 of 23 15.05.030 Costs, (a) In addition to the publication costs, there shall be a fee for issuing the certificate and a. fee for endorsement by the Clerk as set forth in the City's schedule of fees adopted by the City Council[, AS ESTABLISHED IN KMC 15.05.0701. (b) If the property has been impounded by the City, the cost to the owner for recovering shall include the actual expenses incurred by the City in the impoundment and storage of the property. However, s[S)hould the City employ its own employees for impoundment and its own property for storage, or either, then in lieu of such actual expenses, the owner shall pay for storage and /or impoundment at the rates set forth in the City's schedule of fees adopted by the City Council [SUM OF $1.00 PER DAY FOR STORAGE AND $5.00 FOR IMPOUNDMENT WILL BE CHARGED]. Section 20. Amendment of Section 15.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 15.05.070, Fees, is hereby amended as follows: 15.05.070 Fees. The fees required by this chapter shall be set forth in the City's schedule of fees adopted by the City Council and include [ARE AS FOLLOWS]: Towing Charge, Car Towing Charge, Truck Storage Fee, Vehicle Abandoned Property Certificate Clerk's Endorsement on Certificates Storage Fee, Abandoned Property Impoundment, Abandoned Property 18.10.020 Street building permits. [$10.001 each vehicle [813.00] each vehicle 1.00] per calendar day 3.001 flat fee 5.00] flat fee Section 21. Amendment of Section 18.10.020 of the Kenai Municipal Code: The Kenai Municipal. Code, Section 18.10.020, Street building permits, is hereby amended as follows: Any person requesting initial acceptance of a street for maintenance and snow removal by the City shall obtain a street building permit prior to construction of said street. Construction in accordance with standards prescribed by the City will be the duty of the applicant and the burden of proving compliance is upon the person constructing said street. Fee for such permit shall be as set forth in the City's schedule of fees adopted by the City Council [TEN DOLLARS ($10)1 and shall be paid to the City [CLERK[ at the time of application for said permit. Said fee shall not be refunded if said permit is refused. New Text Underlined; IDELETED TEXT BRACKETEDI -54- 1.001 per day rate or actual expense 5.00] per day rate or actual expense Ordinance No. 2528 -2011 Page 19 of 23 Section 22. Amendment of Section 18.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.20.050, Fee for yearly license, is hereby amended as follows: 18.20.050 Fee for yearly License. In order to defray administrative costs in processing yearly licenses by the City administration, before the issuance of a yearly license the contractor shall pay a yearly license fee as set forth in the City's schedule of fees adopted by the City Council [OF $25.00]. Section 23. Amendment of Section 18.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 18.25.030, Inspection fee, is hereby amended as follows: 18.25.030 Inspection fee. An inspection fee for each permit in an [THE] amount as set forth in the Citv's schedule of fees adopted by the City Council [OF TEN DOLLARS ($10.00)] shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein, except that in the case of excavations for water and sewer tie -ins, the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie -ins required under KMC 17.05.040(d). Section 24. Amendment of Section 20.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 20.05.050, License Fees, is hereby amended as follows: 20.05.050 License fees. [THE APPLICANT FOR A LICENSE, OR LICENSE FOR AN ADDITIONAL VEHICLE SHALL PAY INTO THE CITY TREASURY THE SUM SET FORTH BELOW.] (Ord. 1546 -93) (a) The applicant for a license shall pay a license fee as set forth in the Citv's schedule of fees adopted by the City Council. The license shall entitle the licensee to operate one passenger vehicle for -hire. [A LICENSEE SHALL PAY A LICENSE FEE OF $250 PER YEAR WHICH SHALL ENTITLE SAID OPERATOR TO ONE PASSENGER VEHICLE FOR- HIRE.] (b) In the event a licensee desires to operate [is licensed for] more than one passenger vehicle -for -hire, in addition to providing information described in KMC 20.05.020(cl, the[N] licensee [HE] shall pay a fee for each additional vehicle to be operated by the licensee in an amount as set forth in the Citv's schedule of fees adopted by the City Council [$100 PER YEAR FOR EACFI ADDITIONAL VEHICLE SO AUTHORIZED] New Text Underlined [DELETED TEXT BRACKETED -55- Ordinance No. 2528 -2011 Page 20 of 23 (c) All licenses shall be for the term of July 1st of one year until June 30th of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. (e) Licenses cannot be transferred and license fees cannot be pro- rated. Section 25. Amendment of Section 21.10.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.10.050, Filing fee and deposit, is hereby amended as follows: 21.10.050 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS (5100.00)]; and (2) A [Make a] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS (S2,000.00)], and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)i. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section shall [WILL] be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as detei,uined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting New Text Underlined; [DELETED TEXT BRACKETED -56- Ordinance No. 2528 -2011 Page 21 of 23 costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. Section 26. Amendment of Section 21.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 21.15.040, Filing fee and deposit, is hereby amended as follows: 21.15.040 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee [IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00)); and (2) A [MAKE A] deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)J. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as deteiuiined. by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. New Text Underlined: [DELETED TEXT BRACKETED] -57- Ordinance No. 2528 -2011 Page 22 of 23 Section 27. Amendment of Section 22.05.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 22.05.030, Filing fee and deposit, is hereby amended as follows: 22.05.030 Filing fee and deposit. (a) When submitting an application for lease of land, the applicant shall pav the City the following as set, forth in the City's schedule of fees adopted by the City Council: (1) Pay a non refundable filing fee in the amount [OF ONE HUNDRED DOLLARS ($100.00)]; and (2) A )MAKE Al deposit to show good faith and secure the City in payment of any costs, including [IN THE FOLLOWING AMOUNTS]: (i) An appraisal cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)]; and (ii) An engineering, surveying and consulting cost recovery deposit [OF TWO THOUSAND DOLLARS ($2,000.00)1. (b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under subsection (a)(2) of this section will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2) of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and enter into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City will return any unused deposit balance to the applicant. Section 28. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been New Text Underlined; [DELETED TEXT BRACKETED] -58- Ordinance No. 2528 -2011 Page 23 of 23 rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 20. Effective Date: Pursuant to KMC 1.15,070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk New Text Underline DELETED TEXT BRACKETED] -59- PAT PORTER, MAYOR Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 To: Rick Koch, City Manager 7> From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2528 -2011 'Village with a. Past, a with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 At its November 4, 2010 work session the Council approved the administration's plan standardize the administration and amendment to City fees. Ordinance 2528 -2011 is the first step in this process and removes from KMC references to specific dollar amounts for City fees and charges. Upon adoption fees will be listed in a single City fee schedule and allow for amending fees via resolution. The appendices of KMC must also be amended to remove specific dollar references to complete the project. The administration continues to work with the City Attorney to introduce resolution(s) at the February 2, 2011 Council Meeting that will amend the appendices of KMC and complete the removal of specific dollar references of fees from KMC. The completed City of Kenai Fee Schedule will be presented via resolution for adoption at the March 2, 2011. Council Meeting. Proposed changes for credit card acceptance, animal control fee increases, and other minor changes will also be proposed with the adoption on March 2, 2011. -60- I/ °h f KEN \vim SKA CITY OF KENAI ORDINANCE NO. 2529 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 7,30 OF THE KENAI MUNICIPAL CODE, "AIRPORT LAND SALE PERMANENT FUND," TO RENAME THE CHAPTER AS "LAND SALE PERMANENT FUNDS" IN ORDER TO ESTABLISH INVESTMENT GUIDELINES FOR SALE PROCEEDS FROM THE SALE OF CITY- OWNED, NON -TRUST LANDS JUST AS THE CITY HAS ESTABLISHED INVESTMENT GUIDELINES FOR THE AIRPORT LAND SALE PERMANENT FUND, AND TO MAKE TECHNICAL CORRECTIONS, WHEREAS, the City of Kenai owns several categories of Lands, including lands reserved for the use and benefit of the Kenai Municipal Airport and that are known as "Airport Lands," Lands known as "trust lands" that are restricted under the terms of conveyance of those lands to the City, and other lands referred to as "non- trust" lands that are for the general use and benefit of the City of Kenai and that are known sometimes as general fund Lands; and, WHEREAS, the City has created an Airport Land Sale Permanent Fund which is a restricted fund that allows for the expenditure of the monies in that fund only for the use and benefit of the Kenai Municipal Airport and the City Council has provided investment guidelines for those monies generated from any sale of Airport Lands; and, WHEREAS, in addition to providing for investment of monies received from the sale of Airport Lands, the City's Code limits appropriations from that restricted permanent fund to an amount not to exceed five percent (5%) of the five -year average of that fund's calendar year end market value for airport operations and capital needs; and, WHEREAS, as with Airport Lands, the City may also sell general fund lands (both trust and non trust), which sales are provided for by the City's Charter and ordinances; and, WHEREAS, the City's Charter provides for the principal proceeds from sales of City- owned, non -trust lands to be recorded in a separate City account where monies in the account must be invested and may not be spent or appropriated for any purpose; provided, however, that revenues earned on monies in such an account may be used for any lawful purpose as set forth in the City Charter section 5 -11; and, WHEREAS, it is in the best interests of the City to preserve monies received in the sale of non -trust lands for the continued use and benefit of the City, just as the City has done with respect to Airport Lands and as required by Charter; and, New Text Underlined• [DELETED TEXT BRACKETED; -61- Ordinance No. 2529-2011 Page 2 of 7 WHEREAS, the City has historically maintained a separate account of proceeds from the sale of non trust, general fund lands and these funds have been invested under the general investment guidelines, for all city funds; and, WHEREAS, by specifically outlining the investment methodology for the investment of non- trust, general fund land sale proceeds, the City and its citizens will be able to enjoy the benefits of any land sale in the many years to come, as it may have done if the City had retained the land as a fixed asset of the community; and, WHEREAS, with the assistance of an investment advisor, the City established a set of investment guidelines for a portfolio with generally acceptable risk levels for public entities with long -term investment goals and has enjoyed a modest return on those monies since the inception of the Airport Land. Sale Permanent Fund; and, WHEREAS, the investment guidelines are also similar to other permanent fund structures created by other governments; and, WHEREAS, a General Fund Land Sale Permanent Fund managed under the same investment guidelines as the Airport Land Sale Permanent Fund would provide for sound investment of monies received by the sale of general fund lands and principled expenditure of monies generated by the investment of those sale proceeds; and, WHEREAS, management of Airport Land Sale Permanent Fund and a General Fund Land Sale Permanent Fund under the same investment guidelines will standardize investment decisions, provide consistency through the budget process and help develop investment knowledge of the City officials and its contractors who invest its funds; and, WHEREAS, it is in the best interest of the City to more clearly define and establish investment guidelines for a General Fund Land Sale Permanent Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Chapter 7.30 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 7.30 Airport Land Sale Permanent Fund, is hereby amended in its entirety to read as follows: Chapter 7.30 [AIRPORT] LAND SALE PERMANENT FUNDS 7.30.050 General Fund Land Sale Permanent Fund 7.30.010 Airport Land Sale Permanent Fund 7.30.020 Investments New Text Underlined; (DELETED TEXT BRACICETEDI -62- Ordinance No. 2529 -2011 Page 3 of 7 7.30.050 General Fund Land Sale Permanent Fund. (a) A separate fund of the City of Kenai is hereby established as the General Fund Land Sale Permanent Fund. The purpose of the fund is to account for the principal proceeds of the sale of City -owned non -trust lands that are not subject to deed or other conveyance restrictions that require the funds be used for specific other uses or benefits (General Fund Lands). (b) The General. Fund. Land Sale Permanent Fund shall be a restricted fund.. City Charter prescribes the establishment of a separate City account for the principal proceeds from sales of City- owned, non -trust lands: however. the establishment of the investment guidelines for that account is within the discretion of the Kenai City Council. (c) The net proceeds received by the City on closing sale of non -trust lands shall be deposited in the General Fund Land Sale Permanent Fund. Where notes are taken in payment for General Fund Lands. all principal payments on said notes shall be deposited in the General Fund Land Sale Permanent Fund. Interest on notes taken in payment for General Fund Lands shall be recorded as investm.ent earnings in the General Fund Land Sale Permanent Fund. (di Money placed in the General Fund Land Sale Permanent Fund shall not be available for use by the City for any purpose other than for investments in accordance with City Charter and ordinances. (ei Interest or income earned by the General Fund Land Sale Permanent Fund shall be recorded as investment earnings in the General Fund Land Sale Permanent Fund and then deposited in the General Fund. The City Council may, by ordinance, transfer funds from the General Fund to the General Fund Land Sale Permanent Fund. After such a transfer. the money will become a part of the General Fund Land Sale Permanent Fund to be used only for the investment purposes for which the fund is established. 7.30.010 Airport Land Sale Permanent Fund. (a( A separate fund of the City of Kenai is hereby established as the Airport Land Sale Permanent Fund. The purpose of the fund is to account for the principal proceeds of the sale of Airport Land. Airport Lands shall consist of all land owned by the City of Kenai and held by it for the use or benefit of the Kenai Municipal Airport under the terms of the 1963 Quitclaim Deed from United States of America recorded at Book 27, Page 303 at the Kenai Recording District, Kenai, Alaska. Additionally, any other land owned by the City and acquired with airport funds shall be Airport Lands. New Text Underlined: [DELETED TEXT BRACKETED] -63- Ordinance No, 2529-2011 Page 4 of 7 (b[A]) The Airport Land Sale Permanent Fund shall be a restricted fund. The establishment of the fund known as the Airport Land Sale Permanent Fund is within the discretion of the Kenai City Council. Deed restrictions, federal regulations and grant assurances require that airport funds be used for the use and benefit of the Kenai Municipal Airport. (c[B]) The net proceeds received by the City on closing sale of Airport Lands shall be deposited in the Airport Land Sale Permanent Fund. Where notes are taken in payment for Airport Lands, all principal payments on said notes shall be deposited in the Airport Land Sale Permanent Fund, Interest on notes taken in payment for airport lands shall be transferred to the Airport Enterprise Fund. (d[C)) Money placed in the Airport Land Sale Permanent Fund shall not be available for use by the City for any purpose other than for investments in accordance with City ordinances. (e[D]) Interest or income earned by the Airport Land Sale Pe anent Fund shall be deposited in the Airport Enterprise Fund. The City Council may, by ordinance, transfer funds from the Airport Enterprise Fund to the Airport Land Sale Permanent Fund. After such a transfer, the money will become a part of the Airport Land Sale Permanent Fund to be used only for the investment purposes for which the fund is established. 7.30.020 Investments. (a) The Land Sale Permanent Funds shall be managed by the Finance Director, with the following conditions: (1) The [ADMINISTPJTION] City will contract [OUT] for the management of the investments for each [AIRPORT] Land Sale Permanent Fund [INVESTMENTS] with one (1) or more professional investment managers with experience handling institutional endowment investments subject to Council approval. (2) The Land Sale Permanent FrFlunds shall he invested in such types of income producing investments as limited by subsection (b), Authorized Investments, below, The investments for each. Land Sale Permanent Fund AND AS] shall be approved [SPECIFICALLY DESIGNATED] by resolution annually, usually during the City budget process, in the form of an asset allocation plan. with each Land Sale Permanent Fund following the same asset allocation plan. The asset allocation plan shall [WILL] have specific categories of investments for the funds with percentage targets that allow for reasonable fluctuations above and below the target percentage. The plan will establish benchmarks for evaluating the performance of each investment manager and asset classification. Investments shall be managed such that the target ranges of the asset allocation plan are adhered to. New Text Underlined (DELETED TEXT BRACKETED] -64- Ordinance No. 2529-2011 Page 5 of 7 (3) All income derived from investment of [THE AIRPORT) each Land Sale Permanent Fund, including interest income, realized gains, and undistributed earnings shall be included in the corpus of [THE) each respective Land Sale Permanent F[Flund and shall be invested in accordance with subsection (b) below, Authorized Investments. (4) Appropriations from the Airport Land Sale Permanent Fund may be made as follows: (i) In any fiscal year, an amount not to exceed five percent (5 of the five (5) year average of the fund's calendar year end market value may be appropriated for airport operations and capital needs. For the first five (5) years the calendar year end market values following the effective date of the ordinance codified in this section will be averaged to calculate the average fund market value. (ii[5]) For the first year, FY 2009, the appropriation from the fund shall not exceed the lesser of either I(1) OR (ii) BELOW: (i) F[five percent (5 of the market value of the fund at the effective date of the ordinance codified in this section or[;] [(ii) Tithe increase in the market value of the fund from the effective date of the ordinance codified in this section to May 31, 2009. (iii[6[) For the second year, FY 2010, the appropriation from the fund shall not exceed the lesser of either [(i) AND (ii) BELOW: (1) F]five percent (5 of the market value of the fund at December 31, 2008 or[. (ii) Tithe increase in the market value of the fund from the effective date of the ordinance codified in this section to May 31, 2010, less the amount appropriated for \7 -Innn i 1 GVV9 (5) Appropriations from the General Fund Land Sale Permanent Fund shall be limited to the lesser of the actual calendar year earnings for the fund or five percent (5 of the fund's fair market value as of December 31 of each year. (b) Authorized Investments for the [AIRPORT] Land Sale Pe anent Funds. (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, the)Y) obligations shall be sold in an orderly manner within ninety (90) 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 (ETFs). (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 (ETFs). ew Text Underlined [DELETED TEXT BRACKETED) -65- Ordinance No. 2529 -2011 Page 6 of 7 (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 (ETFs). (6) International equities, 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 (ETFs). (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 (ETFs). (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 (ETFs). (c) Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or [WHICH] that could impair their ability to make impartial investment decisions. Such employees and [INVESTMENT OFFICIALS] officers shall. disclose [CONFIDENTIALLY] to the City Manager any material financial interests in financial institutions that conduct business with the City and such information shall be kept confidential to the extent otherwise allowed by law. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the timing of purchases and sales. A "material financial interest" in an entity is a financial interest of any kind, which, in view of all the circumstances, is substantial enough that it would, or reasonably could, affect the employee's or officer's judgment with respect to transactions to which the entity is a party. (d) The Finance Director shall submit to the City Council a quarterly investment report that summarizes recent and anticipated market conditions[,] and that describes the City's investment portfolio in terms of transactions during the quarter, maturities, risk characteristics, and investment return compared with both bench mark performance returns and with the City's budgetary expectations, [THE FINANCE DIRECTOR SHALL SUBMIT TO THE CITY COUNCIL A QUARTERLY INVESTMENT REPORT THAT SUMMARIZES RECENT AND ANTICIPATED MARKET CONDITIONS, AND DESCRIBES THE CITY'S INVESTMENT PORTFOLIO IN TERMS OF TRANSACTIONS DURING THE QUARTER, MATURITIES, RISK CHARACTERISTICS, AND INVESTMENT RETURN COMPARED WITH BENCH MARK PERFORMANCE RETURNS.] (e) The Finance Director shall establish custody and safekeeping procedures with regard to all investments authorized by this tSECTION] Chapter. All such investment securities, or their related collateral securities, shall be either held by the City or by a custodial agent for the City. New Text Underlined; [DELETED TEXT BRACKETED] -66- Ordinance No. 2529 -2011 Page 7 of 7 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011, ATTEST: Carol L. Freas, City Clerk New Text. Underlined [DELETED TEXT BRACKETED] -67- PAT PORTER, MAYOR Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 AI ALASKA NI/ '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 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2529 -2011 In July 2008, the City adopted a new investment methodology for the City's Airport Land Sale Permanent Fund. The new methodology was more structured to the long -term goals of a permanent fund as opposed to the everyday operating needs of the remainder of City funds. The new methodology authorized investment in equities (stocks of publicly traded companies) and corporate bonds (debt of publicly traded companies) both of which on average have significantly higher returns than the investment vehicles authorized for all remaining City funds. Along with higher rates of return comes higher risk but over a long -term, say 20 years, the higher rates of return will overcome the risk and produce an estimated average rate of retum of 7.2 Similarly, the fixed income portfolio used to invest the remainder of City funds is estimated to yield less than 4 The dependence upon the City's investment portfolio for everyday operations and capital needs explains the conservative approach and acceptance of a lower rate of return. In the case of a pennanent fund, where the corpus of the fund can never be spent, the same day to day dependence is not present allowing for assumption of more risk in search of greater return. Since inception of the new investment methodology, the Airport Land Sale Permanent Fund has returned 14.11 The remaining City investments have returned an average 1.83 Ordinance 2529 -2011 will allow investment of the General Land Sale Permanent Fund like the Airport Land Sale Permanent Fund. Annual appropriations from the General Land Sale Permanent Fund will be limited to the funds actual earning or 594 of the funds average balance at December 31 of the preceding five -years whichever is less. This will assure the principle of the fund is never spent, as prescribed in the City's Charter. -68- MC ci v Ur KENAI. SKA Airport Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings Increase Appropriations Transfer to Airport Fund CITY OF KENAI ORDINANCE NO. 2530 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $31,819 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, Ordinance No. 2326 -2008, KMC 7.30.020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326 -2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's third year and all subsequent years is 5% of the funds December 31st average market value for the preceding five years (three years for FYI I and four years for FY12); and, WHEREAS, the December 31 balance for the fund was $17,825,369, $20,264,072, and 21,909,110 for years 2008, 2009, and 2010 respectively for a three year average of $19,999,517; and, WHEREAS, 5% of $19,999,57.7 produces a maximum allowable transfer of $999,976 which is $31,819 more than originally budgeted. for FY11 requiring an increase to the budget of $31,819. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: New Text Underlined• [DELETED TEXT BRACKETED -69- $31,819 31,819 Ordinance No. 2530 -2011 Page 2 of 2 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund Decrease Estimated Revenues: Appropriation of Fund Balance $31,819 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: dLO PAT PORTER, MAYOR New Text Underlined; DELETED MKT BRACKETED' _70_ $31,819 Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: February 2, 2011 the cit a( KENAI, ALASKA To: Mayor Porter Council Members Thru: Rick Koch, City Manager From: Terry Eubank, Finance Director Date January 10, 2011 Re: Ordinance 2530 -2011 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 FY 13. The December 31, 2010 market value of the ALSPF was 521,909,110. The FY 11 transfer amount calculation is as follows: December 31, 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 2008 2009 Market Value Portfolio Balance $17,825,369 $20,264,072 $21,909,110 $19,999,517 $19,999,517 X 5% 999,976 The FYI .1 budgeted transfer amount was 5968,1.57. Ordinance 2530 -2011 will increase the budgeted transfer amount to the 5% maximum of 5999,976. -71- 2010 Average /1 the c/ of KENA ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI COMPREHENSIVE PLAN PROJECT FUND BY $50,000. WHEREAS, as part of the FY 11 Budget, a $50,000 transfer from the Genera] Fund to the Comprehensive Plan Project Fund was budgeted; and, WHEREAS, the City has previously received and appropriated, via Ordinance 2477- 2010, a $50,000 grant from the Kenai Peninsula Borough for completion of a City Comprehensive Plan (the Plan); and, WHEREAS, also included in Ordinance 2477 -2010 was $7,500 of City funds to provid for staff training for completion of the Plan; and, WHEREAS, proposals have been solicited and are being reviewed for professional services to assist in the preparation of the Plan; and, WHEREAS, appropriation of the budgeted transfer amount will bring the total project budget to S107,500 and satisfy the City's remaining match to the previously received Borough grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai. Comprehensive Plan Project Fund Increase Estimated Revenues: Transfer from Other Funds Increase Appropriations: Professional Services $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: CITY OF KENAI ORDINANCE NO. 2531-2011 PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: January 19, 2011 JJ, Adopted: February 2, 2011 y Approved by Finance: 7- Effective: February 2, 2011 New Text Underlined; (DELETED TEXT BRACKETED] -72- Suggested by: Administratio 50,000 KENAI, ALASKA MEMO, TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: January 3, 2011 SUBJECT: Comprehensive Plan Budget Transfer 11 7iflaye with a Past, CI with a Futare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 Proposals have been received and are being reviewed in anticipation of awarding a contract to prepare the Comprehensive Plan. In 2009, the City was awarded a $50,000 matching grant from the Kenai Peninsula Borough. These funds were received and previously appropriated to the project fund.' In the FY2011 budget, $50,000 was budgeted for preparation of the City's Comprehensive Plan. The funds were budgeted in the General Fund, Non Departmental Budget and need transferred to the project account to provide sufficient funding to award the contract. 1 Ordinance No. 2477 -2010 -73- 1997 N tlre st}r. e', KENA13 ALASKA Mayor and Council. Members MEMO TO: FROM: Carol L. Freas, City Cl k DATE: January 14, 2011 RE: COUNCIL ON AGING MEMBERSHIP Attached are applications received from Audrey Little and Mark Necessary who would like to be considered for appointment to the Council on Aging. There is one vacancy on the Council on Aging and that seat term will end January, 2014. A copy of the current membership list of the Council on Aging is attached for your review. Clf Attachments "Village with a Past, City with a Futuv'e" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us -74- EMPLOYER: the city o f KEMAI.ALASKA DATE: NAME: 1,0 44r NAME OF SPOUSE: Current membership in organizations: f a /n Past organizational memberships: CITY OF KENAI "Village with a pass City with a,future. BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED JAN 14 2011 ESE AI CITY CLERK i Resident of the City of Kenai? How long? Residence Address y 9 ,+r'y Lt' v Mailing Address 175 4. C 4. t /1 Home Telephone No. Home Fax No. Business Telephone No C!. /2 ..-37- S I4 C Business Fax No. Email Address: ---7 May we include your contact information on our web page? ALL If not all, what informaton may we include? COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 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? �'t/t� I F �/v 1. l� r�' s.'�, gnature -75- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Job Title CA/ if c-i 1T f9 Me af of KENAtALASKA DATE: NAME: 444' 1v 6- C SS' Resident of the City of Kenai? Residence Address Mailing Address Horne Fax No. Business Fax No May we include your contact include? NAME OF SPOUSE: intent membership in organization ST z0 Past organizational E5 /6 /S To e) -kJ /4 CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS P g Signature -76- RECEIVED JAN 1 42011 LK!NAE arty CLE LOA y Alt How long? d Home Telephone No. 2 E 3 5 7 Business Telephone No Email Address: 44q J Ai C eS S /I P c „sr e ormation on our web page? ALL If not all, what information may we EMPLOYER: re562 E IAL A S SC,1 (Sr*I 2Ed L Job Title S COMMISSION OR COMMITTEE? 'HONE: 253 -7535, EXT. 233. FAX: 283 -5068 COM ITTEES OR. COMMISSIONS IN WHICH YOU ARE INTERESTED: WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Ai, A J r emt_ Pit t A owc_c RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 1 7/ C/ f2s stR. VP, Council Member Name and Address Home Phone Business Phone Email Address Term Ends January Joanna Hoilier Council on Aging 381 Senior Court, 4307 Kenai., AK 99611 283- 7756 2014 Linda. Flowers Council on Aging P.O. Box 763 Kenai, AK 99611. 283 -8361. 283 -7294 Iilouer*iti cser 'ices.osg 2014 Vacant Kenai, AK 99611 2011 Vickie Graham Council on Aging P.O. Box 383 Kenai, AK 99611 690 -2107 vabe.: iraiaslxa.net. 2013 *Nelda Geller Council on Aging 1315 Fourth Avenue Kenai, AK 99611 283 -4329 egandvis4 g fr net 2313 Lois Mae Nelson Council on Aging 209 Susieana Lane Kenai, AK 99611 283 -5194 2013 Bill Osborn Council on Aging P.O. Box 3003 Kenai, AK 99611 1 283 -7936 2012 Margaret R. Milewski Council on Aging 36395 Pingo Street Soldotna, AK 99669 262- 5419 2012 Carolyn D. Unger Council on Aging 1076 Walnut Avenue Kenai, AK 99611 283 -2028 2012 Council Member Mike Boyle City of Kenai 1.516 Stellar Drive Kenai, AK 99611 283 07820 n'iboviefkalas Council Liaison City Clerk Carol Frees 283 -4936 283 -8231 circa,: naci.1cenai.ak.us *Chair "Vice -Chair COUNCIL ON AGING Meets second Thursday Kenai Senior Center 7 :00 p.m. (May through September 4:30 p.m. (October through April) -77- PEND NG APPROVAL KENAI AIRPORT COMMISSION JANUARY 13, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2• AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 9, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 'In NEW BUSINESS a. Discussion /Recommendation Zoning Setbacks Airport Properties ITEM 8: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 9• NEXT MEETING ATTENDANCE NOTIFICATION a. February 10, 2011 ITEM 10: COMMISSIONER COMMENTS AND QUESTIONS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for December 15, 2010 and January 5, 2011. b. Airport Endowment Fund Investment Review c. Airport Manager's Report December 2010 d. December 2010 Enplanement e. Ordinance No. 2524 -2010 and Ordinance No. 2525 -2010 f. Resolution No. 2011-01 and Resolution No. 2011 -03 g. Resolution No. 2011 -04 ITEM 13: ADJOURNMENT -78- KENAI AIRPORT COMMISSION JANUARY 13, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER MW ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer Commissioners absent: L. Porter and R. Rogers (excused) Staff /Council Liaison present: Airport Manager M. Bondurant and R. Marquis A quorum was present. VOTE: There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Zirul MOVED to nominate Henry Knackstedt as Cha Commissioner Feeken SECONDED the motion. There were no further nominations. VOTE: There were no objections. SO ORDERED. MOTION: Commissioner Bielefeld MOVED to nominate Jim Zirul as Vice Chair and Commissioner Mayer SECONDED the motion. -79- .m. Roll was G. Feeken and Council Member ITEM 2: AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Feeken SECONDED the motion. and There were no further nominations. VOTE: There were no objections. SO ORDERED. ITEM 4: MOTION: Commission comments included: exemption. MOTION: APPROVAL OF MEETING SUMMARY December 9, 2010 Commissioner Bielefeld MOVED to approve the meeting summary of December 9, 2010 and Commissioner Feeken SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSUIESS None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation Zoning Setbacks Airport Properties Marilyn Kebschull, City Planner Reviewed her memorandum (included in the packet) which discussed setbacks and offered clarification to Commissioner's questions. Kebschull also reported the City's Comprehensive Plan update work would begin soon and encouraged the Airport Commission to attend the work sessions and participate in the process as Airport lands would be included in the discussions. Support of the setback process as it would expedite the zoni Support for the setback process. Commissioner Zirul MOVED to recommend accepting the paragraph written in the memorandum be added to Kenai Municipal Code, Section 14.24.020. Commissioner Feeken SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 8: REPORT -80- AIRPORT COMMISSION MEETING JANUARY 13, 2011 PAGE 2 8 -a. Commission Chair Chair Knackstedt noted the following: Encouraged Commission members to attend the Open Meetings Act Training to be held on January 24 beginning at 6:00 p.m. in the Council Chambers Notifications were forwarded to Commission members and the City Clerk requested those who planned to attend to RSVP to her. Agreed with and liked the purchase of properties on the west side of the Airport and, at the appropriate time, would want those properties (Cox and H -111) moved in the Reserve. 8 -b. Airport Manager Airport Manager Bondurant noted the following: Distributed copies of the City Lands booklet. Requested ideas for the Kenai Peninsula Air Faire poster. Airport Administration was working on a new car rental agreement and Request for Proposals for security at the airport. The eighth revision of the ECP was received. If a response was received from the FAA, she hoped to have the City Manager's recommendation on the Float Plane Basin development at the February meeting. 8 -c. City Council Liaison Council Member Marquis reviewed the action agendas of the December 19, 2010 and January 5, 2011 Council meetings which were included in the packet. He noted a work session would be held on February 15 to review the Dip Net Report and another work session on February 16 to review the utility rate study. ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION 9 -a. February 10, 2011 There were no notices of planned absences. ITEM 10: COMMISSIONER COMMENTS AND QUESTIONS Zirul Encouraged the return of the ABC dog as ravens had torn his wing covers. Knackstedt Encouraged the development of additional tie -downs close to the fence and the addition of electric tie downs. ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD Marilyn Kebschull, City Planner Informed the Commission about Buccaneer drilling for natural gas on Airport property off of Marathon Road. Airport Manager Bondurant added it could turn into a long -term land lease from a Special Use Permit to drill for 30 -45 days. More information would be in the February meeting packet. ITEM 12: INFORMATION ITEMS -81- AIRPORT COMMISSION MEETING JANUARY 13, 2011 PAGE 3 12 -a. Kenai City Council Meeting Action Agendas for December 15, 2010 and January 5, 2011. 12 -b. Airport Endowment Fund Investment Review 12 -c. Airport Manager's Report December 2010 12 -d. December 2010 Enplanement I2 -e. Ordinance No. 2524 -2010 and Ordinance No. 2525 -2010 12 -f. Resolution No. 2011 -01 and Resolution No. 2011 -03 12 -g. Resolution No. 2011 -04 ITEM 13: MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Feeken SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:24 p.m. Meeting summary prepared and sub nutted by: Carol L. Freas, City Clerk ADJOURNMENT -82- AIRPORT COMMISSION MEETING JANUARY 13, 2011 PAGE 4 N ,the f7j KEN1, ALASKA Mayor and Council Members tillage with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEM ©''NDUM TO: FROM: Carol L. Freas, City C erk DATE: January 14, 2011 RE: AIRPORT COMMISSION MEMBERSHIP At the January 5, 2011 Council meeting, the reappointment of Eric Mayer was delayed for this meeting in order for Mr. Mayer to be contacted and submit an application if he desired to be reappointed. Mr. Mayer submitted his application on January 11, 2011 and it is attached to this memorandum as well as the current Airport Commission membership list. If reappointed, Mr. Mayer's term would end in January, 2014. -83- the ea) of KENAL ALASKA DATE: NAME: �lr A A fr Resident of the City of Kenai? cS Residence Address Mailing Address Home Fax No. Business Fax No. May we include your contact include? nformation on Y On %Airs EMPLOYER: „..0. 2r /A9,Lc442/?A,7< NAME OF SPOUSE: Current membership in organizations' "Village illage with a past City with a future." Past organizational memberships: COMMITTEES OR COMfl ISSIOWS m WR1C BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Home Telephone No. Business Telephone No Email Address: our web page? ALL If not a CITY OF KENAI DECEIVED JAN I 1 2011 KENAI CITY CLEW U HY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? frier 7` re (Zoe >Y /r i er! t e 't ,1 �r:, <ir>. !s 1 R"i P Ft 's /7 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 7f /lC,>O .e 7� 7i! i: /i b 7 i��i7.C/ Y_J %/75 foTX;ePFx'r /c' ice? -Tr r34 4 72E /t= ✓A7/ CI /,P r i Signature -84- T How long? Job Title rz n RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 what information may we AIRPORT COMMISSION Meets Second Thursday Kenai Council Chambers 7:00 p.m_ **Vice -Chair -85- (1/14/2011) Commissioner Name and Address Rome Phone Business Phone Email Address Seat Term Ends January *James V. Zirul Airport Commission 220 Spur View Drive Kenai_ AK 99611 283 -5728 283-5400 (p) 283-6443 If? At Large 2013 James L. Bielefeld Airport Commission P.O. Box 46 Kenai, AK 99611 260- 3148 283 -4124 lcei:aiainn:vahoacos FBO 2013 *Henry H. Knackstedt Airport Commission 1602 Barabara Drive Kenai, AK 99611 283 -2853 262 -2021 hknzackstedttdthocmaal.com CAP 2013 Glenda. Feeken Airport Commission 10672 Kenai Spur Highway, #109 Kenai, AK 99611 283 -9397 283 -5888 (p) 283 -5388 (i) gteeken4iialaska.net At -Large 2014 Eric Mayer Airport Commission P.O. Box 1697 Soldotna., AK 99669 262 -2282 283 -3377 252-0318 exic!u'sarcticbarnabaa:.o �S Lessee 2011 Randy K. Rogers Parpon Commission 35555 Kenai Spur Highway, PA/1B 347 Soldotna, AM 99669 260 3003 283 3735 (p) 283 4371 (f) Randy.lc.rogersri4aa.gov FAA 2012 "'Larry E. Porter Airport Commission 310 Rogers Road Kenai, A.K 99611 283 4348 283 -1581 LEP9932Gihotmaii.eom At -Large 2012 Council Member Ryan Marquis City of Kenai P.O. Box 569 Kenai, AK 99611 283 -7405 398 -8058 (cell) rva.nrt i marar isforkenai.com City Council Liaison Mary Bondurant, Airport Mgr. City of Kenai 305 North Willow St., Suite 200 Kenai, AK 99611 288 -7951 mbondurantPci Airport Manager 'chair AIRPORT COMMISSION Meets Second Thursday Kenai Council Chambers 7:00 p.m_ **Vice -Chair -85- (1/14/2011) KENAI HARBOR COMMISSION MEETING JANUARY 10, 2011 CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY December 13, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion Kenai River Recreation Study Final Report ITEM 7• NEW BUSINESS ITEM 8: REPORTS a. Director b. City Council Liaison ITEM 9• NEXT MEETING ATTENDANCE NOTIFICATION a. February 7, 2011 ITEM 10: COMMISSIONER COMMENTS /QUESTIONS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION a. Kenai City Council Action Agendas of December 1 and 15, 2010. ITEM 13: ADJOURNMENT -86- Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: MOTION: ITEM 4: MOTION: KENAI HARBOR COMMISSION MEETING JANUARY 10, 2011 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOMMY THOMPSON, PRESIDING AGENDA APPROVAL MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m confirmed as follows: Roll was P. Morin (arrived at 7 :09 p.m.), W. Nelson, R. Peters, T. Thompson, B. Eldridge, V, Askin B. Osborn (excused) Acting Public Works Director K. Lyon, Council Member B. Gabriel Commissioner Eldridge MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ELECTION OF CHAIR AND VICE CHAIR Commissioner Peters MOVED to nominate Phil Morin as Chair. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. Commissioner Peters MOVED to nominate Bill Osborn as Vice Chair. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY December 13, 2010 Commissioner Nelson MOVED to approve the meeting summary of December 13, 2010 and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. -87- Chair -Elect Morin continued the meeting. ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSINESS 6 -a. Discussion Kenai River Recreation Study Final Report Acting Public Works Director Lyon reviewed the study. General discussion followed. Commissioner comments included: A drift boat pull out was needed on the lower river. a Suggested access off Kalifornsky Beach Road within Even Land. Subdivision. MOTION: Commissioner Eldridge MOVED to request Administration provide elevations, plats and access information on potential sites for the next meeting. Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS -w None ITEM 8: REPORTS 7 -a. Director Lyon reported budget priority #1 included in the Capital Improvement Project list would be funded in the FY2012 budget and not completed this year. 7 -b. City Council Liaison Council Member Gabriel reported on the Goddard Board of Adjustment hearing; the Open Meetings Act workshop on January 24, 2011 at 6:00 p.m.; and, the Dip Net Work Session on February 15, 2011 at 6:00 p.m. ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION 9 -a. February 7, 2011 Commissioners Morin and Thompson requested excused absences for the February meeting and Commissioner Thompson requested an excused absence for the March meeting. ITEM 10: COMMISSIONER COMMENTS /QUESTIONS Peters congratulated Morin on being elected Chair. -88- HARBOR COMMISSION MEETING JANUARY 10, 2011 PAGE 2 Eldridge thanked Thompson for his years of service as Chair. ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 12: INFORMATION 12 -a. Kenai City Council Action Agendas of December 1 and 15, 2010. ITEM 13: ADJOURNMENT MOTION: 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 7:49 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -89- HARBOR COMMISSION MEETING JANUARY 10, 2011 PAGE 3 AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY a. November 9, 2010 b. December 7, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion Meeting Room Use Policy b. Discussion Technology Plan ITEM 7: NEW BUSINESS Discussion FY2012 Budget Discussion E-Rate Application /CIPA Compliance ITEM 8: REPORTS ITEM 13: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 4, 2011 7:00 P.M. a. Director b. City Council Liaison ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION a. February 1, 2011 ITEM 10: COMMISSION COMMENTS QUESTIONS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION PENDING APPROVAL a. Kenai City Council Action Agenda Items from December 1 and 15, 2010 b. Goals and Objectives 2010 c. Alaska. OWL Project -90- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 4, 2011 7:00 P.M. CHAIR PRO TEMPORE ROBERT PETERS, PRESIDING Commissioners present: Commissioners absent: Staff /Council Liaison present: MEETING SUMMARY Due to lack of Chair and Vice Chair, Commissioner Peters agreed to serve as Chair Pro Tempore. ITEM 1: CALL TO ORDER ROLL CALL Chair Pro Tempore called the meeting to order at approximately 7 :08 p.m. Roll was confirmed as follows: C. Brenckle, R. Peters, J. Bookey E. Bryson, K. Glidden, S. Harris, C. Fanning Library Director M. Joiner, Council Member R. Marquis No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3• ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY 4 -a. November 9, 2010 4 -b. December 7, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS 6 -a. Discussion Meeting Room Use Policy 6 -b. Discussion Technology Plan ITEM 7: NEW BUSINESS 7 -a. Discussion FY2012 Budget 7 -b. Discussion E -Rate Application /CIPA Compliance ITEM 8: REPORTS 8 -a. Director 8 -b. City Council Liaison ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION -91- 9 -a. February 1, 2011 ITEM 10: COMMISSION COMMENTS /QUESTIONS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION 12 -a. Kenai City Council Action Agenda Items from December I and 15, 2010 12 -b. Goals and Objectives 2010 12 -c. Alaska OWL Project ITEM 13: ADJOURNMENT Due to lack of quorum the meeting was adjourned at approximately 7:12 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -92- KENAI, A te ey Clf Attachments "Villaye with a Past, Gity with a Fuitsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: January 14, 2011 RE: LIBRARY COMMISSION' MEMBERSHIP -93- dered Attached is an application received from Kathy East who would like to be co for appointment to the Library Commission. There is one vacancy on the Library Commission and that seat term will end January, 2014. A copy of the current membership list of the Library Commission is attached for your review. 1Rc a5,uf KENAII DATE: NAME: Resident of the City of Kenai? Residence Address Mailing Address Home Fax No. Business Fax No. X413 a7 7 `f May we include your contact info include? EMPLOYER: NAME OF SPOUSE: j 4 F i 4 {r' I V ni". f iP s v t.. Current membership in organizations: IcG t/Il "',G1 A4) f 1..47 Past organizational memberships° "Village with a past City with a,future. BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RED! ED 1 OY CITY OF KENAI JAN 11 2011 KENAI cny CLERK I Home Telephone No, is'g 5 3S 6 2 Business Telephone No�;yY Email Address: ation on our web page7. AI How long? ly r (296-)/ .r`ob Title 1L- 7'i COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: A f:- 'v1� WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION, OR COMMITTEE? (;l! et OG.I /rd ✓S ,�'C(` Y4. T (rGbu''d /51e i7 L pi9L71 ih V)i�✓fi r -w. Y. NYIL,vi :fi/. ,.1- M.n o: ?';'.r' GIf i',n` l3G.l G% h -94- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 S1474 ✓Attu t'irez f not all, what information may ae K:9 f,••24' 'Ike .t. a &w 3 fi tt4Q /i2;+ -e e //c S: i(crs5 t WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 7, G^.°, Commission Member Name and Address Home Phone Business Phone Email Address Term Ends January 2073 Jessica M. Isenman- Bookey Library Commission P.G. Box 406 Kenai, AI{ 99611 283 -5705 Kimberly M. Glidden Library Commission 109 South Gill Street Kenai, AK 99611 283 -5922 398 -7298 Kimberyizlidden(iAguail. cc m 2012 Vacant Kenai., AK 99611 2014 Eileen Bryson Library Commission 1205 Third Avenue Kenai, AK 99611 283 -4428 eileeedhrvsonZgmail.eom 2014 Virginia K. Richards Library Commission P.G. Box 41 Kenai, AK 99611 2013 Bob Peters Library Commission P.U. Box 24 Kenai, AK 99611 283 -9106 b1uffneuf2 PSalaoka.not 2012 Carol Brenckle Library Commission 130 Trading Bay Rd, Ste. 340 Kenai, AK 99611 283 -4994 283 -4343 2012 Council Member Ryan Marquis City of Kenai P.O, Box 569 Kenai, AK 99611 283 -7405 rvanfamarouisiorzenai.eom Council Liaison LIBRARY COMMISSION Meets First Tuesday Kenai City Council Chambers 7:00 p.m. *Chas *Vine -Chair -95- (1/07/2011( ITEM 4: ADJOURNMENT KEN AS PARKS RECREATION COMMISSION SPECIAL MEETING JANUARY 6, 2011 COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS a. Discussion /Recommendation Capital Improvement Project List b. Discussion FY2012 Budget -96- KENAI PARKS RECREATION COMMISSION SPECIAL MEETING JANUARY 6, 2011 COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE JIM BEESON, PRESIDING MEETING SUMMARY Due to lack of Chair and Vice Chair, Commissioner Beeson agreed to sit as Chair Pro Tempore. ITEM 1: CALL TO ORDER ROLL CALL Chair Pro Tempore Beeson called the meeting to order at approximately 7:13 p.m.. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: C. Stephens, J. Beeson A. Hull, K. McDonald, G. Oliver, F. Kiefer, B. Gilman Parks and Recreation Director R. Frates, Council Member J. Moore No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS 3 -a. Discussion /Recommendation Capital Improvement Project List 3 -b. Discussion FY2012 Budget ITEM 4: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:15 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -97- hart o r i KEW ALASKA TO: FROM: Carol L. Freas, City lerk DATE: January 14, 2011 Mayor and Council Members "Village with a Past, Ci y with a Fistisren 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM RE: PARKS RECREATION COMMISSION MEMBERSHIP Attached is a letter from Fina Kiefer who has resigned from the Parks Recreation Commission. A copy of the current membership list is also attached for your information. The seat term for this vacancy ends in. January, 2012. Currently, there are no applications for appointment to the Parks Recreation Commission on file. Clf Attachments -98- Lima Kiefer 106 Deepwood Ct. Kenai Alaska 99611 (907 )395 -7187 December 27, 2010 City of Kenai Kenai Parks Recreation Commission 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 (907)283 -7535 To; Kenai Parks Recreation. Commission;; Please accept this letter as notification that I am resigning from the Kenai Parks Recreation Commission. I apologize for not being able to provide two weeks' notice, However, I regret that, due to circumstances beyond my control, I need to resign immediately. I would like thank the Kenai Parks Recreation Commission for the opportunity to serve My Community. But due to my new job which consists day /night shifts makes it difficult to continue serving as part of the Kenai Parks Recreation Commission. Thank you for your time in this matter. -99- RECEIVED D DEC 30 201a K l rei. CLERK. I /7 PARKS tis RECREATION COMMISSION Meets First Thursday January, April, July and October Kenai City Council Chambers 7:00 p.m. *Chair *Vice -Chair -100- (1/06/2011) Commissioner Name and Address Home Phone Business Phone Email Address Term Ends January Jim Beeson Parks Recreation Commission 36835 Cheechako News Drive Saldotna, AK 99669 262 -4009 283 -7524 ibeesonfrhkrhsd.k12,atitc. us 2012 Charlie Stephens Parks Recreation Commission 1.10 Wooded Glen Kenai, AK 99611 283 -6487 N/A ccsteoben u.net 2014 Vacant Kenai, AK 99611 2012 Kim McDonald Parks Recreation Commission 328 Portlock Kenai, AK 99611 283 -8710 (p) 283 -8853 (8 262 -8855, x30 kiurredatibtreal.tv.eom 201.3 Gary Oliver Parks Recreation Commission 870 Set Net Drive Kenai, AK 99611 283 -7487 2013 Benjamin Gilman Parks Recreation Commission 216 Susieanna Lane Kenai, AK 99611 2014 **Al Hull Parks Recreation Commission 37216 Cetacea Lane Kenai, AK 99611 283-9046 335 -2781 aihu,tlastechtPaicsalaska.net 2012 Council Member Joe Moore City of Kenai. P.O. Box 403 Kenai, AK 99611 283 -4610 262-7478 (p) 262 -6107 (fl epalo&a ogee .0 Council Liaison Bob Prates, Director Parks Recreation Department 210 Fidalgo Avenue Kenai, AK 99611 283 -3692 (p) 283 -3693 (1) bfrac seieci,kcllsuak.us PARKS tis RECREATION COMMISSION Meets First Thursday January, April, July and October Kenai City Council Chambers 7:00 p.m. *Chair *Vice -Chair -100- (1/06/2011) KE['I ALASKA "1/illaye witti a Past, Gi`ty with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM TO: Mayor and Council. Members FROM: Carol L. Freas, City Clerk DATE: January 14, 2011 RE: PLANNING ZONING COMMISSION MEMBERSHIP Clf Atta.chments Attached are applications received from Barry Eldridge, Robert T. Peterkin, 1I, Henry Knackstedt, and Clifford Smith who would like to be considered for appointment to the Planning Zoning Commission. At this time, there is one vacancy on the Commission and that seat term will end January, 2014. A copy of the current membership list of the Planning Zoning Commission is attached for your review. -101- EMPLOYER DATE: Nit rilr: Resident of the City of Kenai? Residence Address Mailing Address, 6 99 )g✓A,i72 Home Fax No. l -ia Business Fax No. ,v%.9" May we include your contact int include? NAME OF SPOUSE: Current membership in orga nerio- t Past organizational membersbtps' CI FY OF KENAI "Village with a past City with a, future," BACKGROUND AND PERSONAL DATA CA.NDIDATE:S FOR APPOINTMENT COMMITTEES AND COMMISSIONS ation o RENAL err( CLERK i {�c3t t .h �!��i� rrf `L /.%!dome Telephone No. Sob Title '/1 F7 3 vr-= r Niai lT�'= COMMITTEES OR COMMISSIONS IN WHICH YOU ARE T ENTERESTE WHY DO YOU W s T TO BE INVOLVED WITH THIS .0 »Gr ri Signature. -102- RETURN TO: I CITY CLERIC, 210 FIDALGO AVENUE 01 KENAI, AK 99611 How long? PHONE: 283-7535, EXT. 231 FAX: 283 -5068 r Business Telephone No A- //.4 Ema il Address: ��r'r t n our web page? ALL If not all, what iormatton Fray we n a/ lrpn7c ))t YZ- �I";i 1 ION OR COMM'IITTEE? J ezeg- /1. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, OM MISSION, OR COMMITTEE MEMBERSHIP? J r nr c iR. /V F� I w 777.,;7— „7,. �r-r r5. v1- �h. --,-r l: ,:vim y✓r r �Z DATE: NAME: Resident of the City of Kenai? Residence Address Mailing Address Pt° Home Telephone No. S 2 Co Co Home Fax No, Business Telephone No Business Fax No. Email Address: _Jr 0 rv/ 2 %e i1/2 C:S4 <ieC i /t May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: O /3 2z 4-4w'oi a NAME OF SPOUSE. 7 rt" nn✓'- Current membershi' fin organizations: "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS 4 lC CITY OF KENAI R CEWE) JAN w w 20H EMI CnX CLERK Sienatu -103- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283 -5068 How song? 3 Job Title 7 Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: A it 1 /v DO YOU WANT TO B INVOLVED WITH THIS COMMISSION OR COMMITTEE? P4 7 inn 1 FG' fkcG7 h WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITEE MEMBERSHIP? o 57. /C f C /r_ *'fw^ 5--/ Y /�G/ ifri-z e;+4/__ AERIAL ALASKA DATE: a NAMD, Residence Address CITY OF "Village with a pan City with a figure." ACKGROUND AND PERSONAL DATA CAND/DATES FOR. APPOINTMENT COMIWZTTEES AND COMMISSIONS RECEIVED JAN 10 2Clf KENAI ary CLE R eitc, tit- TIP_T_ Signature r -104: NAI RETURN TO KENAI CITY CLERIC 210 FIDALGO AVENUE KENAI, AK 99E11 E: 283-7535, EXT. 231 FAX 283-5058 b Resident of the City of Kenai? /6 Now long? 49 7S44 tic€1 A R A- A )221 v C Mailing Address ,15Am Home Telephone NO233 -za Home Fax No, Business Telephone No 214 flushness Fax No. Email Address: fir./1/2GX.KAHIZAPttt d May we include your contaM information on our web page ALL 11 not all, what info. Illation may we include? _1(/ E p NAME OP spotism, EmpLoyER: /4j se.et)L4c,EL:42:270i Job Title _r .,..4 Z 17 /Aft L i t i nvernberst in rations: A ifr-Poy ssif 6 ;11,14 ,R WAVE a 5 1 Pitec/21_,, c /.477/0 A I c c r C c bau (7, c' C./ LW f_e_acezci.teHES Ent orgainizational rxernbershipt, ,CAZTO %AEG ET ce feeb:W --i4CW4driaClrASE C iu ts..jjaLtal ir Tr a COMMITTEES OR COMMISSIONS IN @MCA YOU ARE INTERESTED: PL. A Comfrasseom‘ aeSv eIC, Ilroj iaLe n6_ A- fa era/RwercH t WHY DO YOU WANT TO BE INVOLVED WITR THIS COMMISSION OR COMMITTEE? A co /'EE j -N-# ZHE MCW&7,c2Mrse Ok-.' i pp Tettir 1, 2 ihs C A v-s-Alt4tleg...t.r.i4±...61 a F. a /0 be lnam, itcay,7_,A,Ac,iliA to_ jai 6:5 A LC 70_$C,C *MC et(-'7 WHAT BACKGROUND, EXPERIENCE, OR CMDENT/ALS DO YOU POSSESS TO BPSIG TO THE gotam, COMMISSION OR COMMITTEE MEMBERSHIP? /254/1—...KeTuce0 LABP E riimile$ 1- /Eitr &e 7247 ficsar. s 04724r4 jbA,7" j,;0 t c,c (p .,„_2,794sfils,, _.,r_k clic nt,eatAir 0 '..zr A W ra5.-,A1312,- ra ast, i H. a7 DC A, err MAPIW A:HEAP' TO oak, e mp ut 1 "9 l/ A 4/ -4 Jan 12 2011 11:13RM VIP ALASKA Jan I-11 07:15pm DATE: R esidence Address *ailing Address Hoene Fax No, Business Fax No_ May we include your I n elude? EMPLOYER: FIAME Or SPOUSE: oiesset membership is ore From -City of KenailCity Clerk b f5A 7U 6/3EZ rSAT BA C o NEJb9P�Sl OR CREDERTISLS DO WHAT BAIEfsROURDr L"KPERtENCR. corn? COINNEESIOD OMMETTEE yIEM$ER _0aA/ a r� ?DT 2035066 CITY OF KENAI "Village with a pare City with a future." BACKORODIND AND PERSODIAL DATA CANDIDATE iQa ApPOIIYCMENT COMMITTEES /1- /I NAME: CIA ES AO MOW tang? Resident of tlss City of Neal? elPort ie5 AO A .C.tfl 3!9 9072606590 T -586 P.0O2 /002 F -634 Self% OR C OMMIser° WHY DO UNMET TO ES. INVOLVED wrX t IS C' OBEVLIS 0 Afro ants r'o Home Telephone 4_ No. fi g E As dress: 'telephone No 2 /P L re- web Email As our web pegc? ALL if not all, what informa Sign ra JAN 12 2011 ENAX CITY CLE -105- RETURN TO: KENAI CITY CLERK 2LO p7DAL= AVENUE 9 KENAI, AK CA /a ob Title alts LNrf'STED: f L AttV r/ V6 20N/41G- rn t.. yE 0G Re -W477 OU POSSESS TO ZRD!C TO TOE BEARD. P.1 PLANNING ZONING COMMISSION Meets Second and Fourth Wednesday 7:00 p.m. Kenai. City Council Chambers Commission Member Name and Address Kurt B. Rogers Planning Zoning Commission 5335 King Salmon Drive Kenai, AK 9961.1 Tim Navarre Planning Zoning Commission. P.O. Box 92 Kenai, AK 99611 Phil Bryson Planning Zoning Commission 1205 3rd .Avenue Kenai, AK 99611 *Scott Romain Planning Zoning Commission 425 Rogers Road Kenai, AK 99611 Vacant Kenai, AK 99611 *Jeff Twait Planning Zoning Commission 1808 Julie Anna Drive Kenai, AK 99611 Karen Koester Planning Zoning Commission 845 Set net Drive Kenai, AK 99611 Council Member Robert Molloy City of Kenai 1 LO S. Willow St., Ste 101 Kenai, AK 99611 Council Member Terry Bookey City of Kenai P.O. Box 406 Kenai, AK 99611 Council Member Brian Gabriel City of Kenai 2305 Watergate Way Kenai, AK 99611 Council Member Ryan Marquis City of Kenai P.O. Box 569 Kenai, AK 9961.1 Marilyn Kebschull, Planner City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Home Phone 283 -7898 394 -2303 283-4428 283 -6174 283 -3919 283-2094 283 -7102 283 -5705 283 -4519 283 -7405 Business Phone 283 -5636 283 -4672 262 -8855, x35 (p) 262 -8853 (f) 398 -4624 262 -2016 283 -7373 394 -8040 (cell) 690 -2089 (cell) 398 -8058 (cell) 283 -8235 Email Address korkevr timpevarre(a gmad.coin. eiteendbrvsonW: 2013 sromaini alaska.net jtwaitrvalaska.net steiU vahoo.com bOtninl llpvfor:OM rcu_COM terrvithooucvforkena cmn tbriel6,)acsal skanet m s ch u llar c i k e n_, i.+ ilc u s Term Ends January 201 2013 2014 2014 2012 2 Council Liaison Alternate Council Liaison Alternate Council Liaison Alternate Council Liaison City Admin. Liaison *Chair *Vice Chair -106- (11/12/10) KENAI BEAUTIFICATION COMMITTEE JANUARY 11, 2011 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY a. September 14, 2010 b. October 12, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS PENDING APPROVAL a. Discussion /Recommendation Capital Improvement Project List b. Discussion Static Display at Leif Hansen Memorial Park ITEM 7: NEW BUSINESS ITEM 8: REPORTS a. Committee Chair b. Parks az, Recreation Director c. Kenai City Council Liaison ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION a. April 12, 2011 ITEM 10: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION a. Kenai City Council Action Agendas of December 1 and 15, 2010. ITEM 13: ADJOURNMENT -107- Members present: Members absent: Staff /Council Liaison present: No quorum was present. ITEM 2' ITEM 3: ITEM 4: 4 -a. September 14, 2010 4 -b. October 12, 2010 ITEM 5 ITEM 6: 6 -a. 6 -b. ITEM 7: ITEM 8: ITEM 9: 9 -a. ITEM 10: KENAI BEAUTIFICATION COMMITTEE JANUARY 11, 2011 7:00 P.M. KENAI COUNCIL CHAMBERS VICE CHAIR TRICIA CANADY, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Canady called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: L. Gabriel, T. Canady, S. Lovett M. Dimmick (excused), M. Manzek, P. Baxter Parks and Recreation Director R. Frates, Mayor P. Porter AGENDA APPROVAL ELECTION OF CHAIR AND VICE CHAIR APPROVAL OF MEETING SUMMARY PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion /Recommendation Capital Improvement Project List Discussion Static Display at Leif Hansen Memorial Park NEW BUSINESS None REPORTS 8 -a. Committee Chair 8 -b. Parks Recreation Director 8 -c. Kenai City Council Liaison NEXT MEETING ATTENDANCE NOTIFICATION April 12, 2011 COMMITTEE MEMBER QUESTIONS AND COMMENTS -108- ITEM 11: PERSONS NOT SCHEDULED TO BE D ITEM 12: INFORMATION 12 -a. Kenai City Council Action Agendas of December 1 and 15, 20 0. ITEM 13: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:12 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -109- BEAUTIFICATION COMMIT I'EE MEETING JANUARY 11, 2011 PAGE 2 Carol Freas From: Hal Smalley [hvsmalley @yahoo,cam] Sent: Wednesday, January 05, 2011 10:41 AM To: Carol Frees Subject: Assembly report 1 -4 -11 Carol, Please distribute this report to Council members, Mayor Porter and Mr. Koch. Assembly Report Jan. 4, 2011 -110- The day began with a continuation of an orientation/training by KPB department supervisors to the Assembly. The purpose is to inform Assembly members of the duties /responsibilities of KPB departments and to ask questions relevant to the duties /responsibilities. Through the orientation discussions members of the Assembly have the opportunity to understand the purpose/function of each department which is helpful when determining Resolutions, Ordinances, and budgetary needs of each department. The regular business meeting of the Assembly began -at 3:00PM where all ordinances for public hearing, ordinances for introduction tonight and resolutions on the agenda were discussed. Three ordinances and one resolution that hroughtthe most discussion were as follows: A. Ordinance 2010- 1.9 -26 Finance Appropriating S16,866, 500 in general obligation bond proceeds to the bond capital projects fund for school roof capital projects Mayor In December Finance Director Chapman traveled to Seattle for the sale of these GO bonds. The average rate of interest on these bonds will be 3.04 an excellent rate. The voters in October approved the bonding for KPB school roof repairs. 70% of these funds will he reimbursed by the State of Alaska. B. Ordinance 2010 -36 Lands Substitute- Authorizes the negotiated lease at less than fair market value of certain real property to the Kenai Peninsula Racing Lions Mayor Amendments were discussed on this ordinance which will take out all language referring to a `Sale" of said properties and change h to "Lease The property considered for lease will he reduced to 97 acres from the original 157 acres to allow the City of Kenai to purchase a wellhead protection zone. ,During December 2010 a great deal of discussion took place with Mayor Carey, Mr. Rick Koch Kenai City Manager and the Racing Lions concerning this ordinance and the city's concern for a wellhead protection zone. Mayor Carey initially desired to have this ordinance postponed until Feb. I to allow time for continued discussion on the issue. However; during the evening meeting after much discussion Mayor Carey removed his request. C. Ordinance 2010 -42 Policies and. Procedures Revising KPB 16.60.040, Powers and Duties of the Anchor Point Fire and Emergency Medical Service Area Board, to state it is responsible to provide for the emergency services and to make recommendations to the Mayor and Assembly regarding service area activities N4ayor, Haggerty) Passage of this ordinance would bring the Anchor Point Fire and Emergency Medical Service Area Board into better compliance with KPB standards relating to Service Area. Boards. This Board currently acts independently and there have been issues of non compliance with regard volunteer medical physical exams, equipment maintenance issues, and overall communications breakdowns between all groups concerned. D. Resolution 2011 -001- Legislative Establishing the Kenai Peninsula Borough state capital project priorities for the year 2011 Legislative Committee Each of the projects listed within the publication represents the needs of our communities as identified through the public process. The Assembly. School Board, Service Area Boards, City Councils and Community Councils have conducted numerous public hearings and have taken into consideration all the comments received to develop this list. The booliet contains priorities for the borough, school district, service areas, cities and unincorporated communities. Schools and roads continue to he of paramount concern and are a recurring theme throughout the state funding requests. The regular Assembly meeting began at 7:OOPM. There were a total of five (5) Ordinances for Public Hearings and one Resolution on. the consent agenda. Four (4) of the Ordinances passed by unanimous consent after discussion, one (1 failed resulting from the passage of an ordinance to replace it. Ordinance 2010 -36 )dealing with a land lease to the Kenai Peninsula Racing Lions. During the Public Hearing some 31 citizens spoke, mostly in support of the ordinance. Others expressed concern over the issue of noise, proper location for a motocross and circle track, and hours of operation. As previously mentioned much discussion had taken place in December between the interested parties, discussion at a Kenai City Council meeting in December, at the Borough. Planning Commission meeting Jan. 3, 2011. These discussions and from the testimony at this meeting, coupled with the willingness of all parties to "make it work for all concerns" were factors to consider for making a decision on Ordinance 2010 -36 at this meeting- which after amending to refer to "lease" not "sale" and to reduce to request to 97 acres, said ordinance passed by unanimous consent. Additional work and meetings will take place with the Borough;+ City of Kenai, the Racing Lions, Borough Planning Commission, and the Kenai Planning and Zoning Commission with regards the discussion of CUP, Non conforming Use, and zoning language issues centering around the proposed/continued use of said lands. Ordinance 2010 -42 concerning the Anchor Point Fire and Emergency Medical Service Area Board passed by unanimous consent following public testimony expressing concern over the potential change that this ordinance might/would create. Resolution 2011 -001 relating to the State Legislative priorities were amended to add a gas pipeline project extension from Anchor Point to Horner and Kachemak City as the number 2 Borough Capital priorities This resolution passed by unanimous consent. If you have any questions on these issues or other items of business, please do not hesitate to contact me at hvsmallev(k vah oo.com or by phone 9097 -283 -7469. 2 REPORT OF CITY MANAGER INAI, ALASKA To: Rick Koch, City Manager I/ From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Monthly Report FINANCE DEPARTMENT MID-MONTH REPORT January 2011 The past month has been a busy one with much of the department's focus on the preparation of the FY2012 Budget. The Council will receive its first draft of the FY2012 budget with its April 7 packet. There is much work to be done by all City departments over the next couple of months. The City began accepting credit cards in January for all fees and charges outlined in the policy except those requiring a rate increase. Waiting for implementation are Vintage Pointe Rents, Senior Center Rents, Animal Control Fees, and Water Sewer Payments. Implementation for these is expected in early March. Finance has also been working with the City attorney to draft a proposed code amendment that will allow for investment of the General Land Sale Permanent Fund in the same manner the Airport Land Sale Permanent Fund is invested. This ordinance is complete and included in this packet for introduction. Finance has also been working to complete the revamping of the City's ambulance billing process. This included procuring a third party billing service, creating a charity care policy, and finally preparing a comprehensive collection policy. In cooperation with the legal department a resolution is included in this packet approving the proposed collection policy. the cYy of KENAL ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: January 12, 2010 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT JANUARY 2010 REPORT Public Works Operations: Streets has been striping (removing compact ice and snow) and blowing back the subdivisions as well as clearing sidewalks and bike paths, the equipment has been readied for next snow removal operation. Assisting the Fire Department with hydrants clearing will begin on January 18 Water Sewer assisted the Fire Department with clearing the engine bay drains as well as continuing to provide support for the new water treatment building including clearing for geo -tech. Building Maintenance has been focusing on the heating systems in our facilities including system flushing that has made clear improvements in operations in Public Safety and City Hall. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010 Alaska Road Builders is the general contractor Wince Corthell provides Construction Management. The project is winding down for the winter. The ARRA portion of the project is complete. All paving is complete. Some apron painting is being completed as weather permits. The complete painting of runway 1L-19R and other markings will be done during spring 2011. Final project completion is June 15, 2011. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince- Corthell- Bryson for this project. Kenai Municipal Airport Float Plane Basin Development Phase 1. Project will realign 4 Ave. Access Road into the Float Plane Basin parking area and the City water tank, constructing additonai 2,800 linear feet paved taxiways "S° and "T grading for drainage approximately 350,000 square feet of lease lot area, security fencing gates, painting taxiway marking, taxiway lights and signage providing for installation of natural gas electrical power utilities. Provisions for future installation of water, sewer telecommunications utilities are also to be provided. The Contract Agreement for Professional Services with Wince Corthell- Bryson is complete. Preliminary site examination is underway. Fourth Avenue Culvert Replacement Project is complete. Funds are being held by the Watershed Forum to ensure the late hydro- seeding is effective in spring 2011. Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances. The gratings and walkways are installed. Only minor punch list items are remaining. Recreation Center: The upstairs flooring replacement project is out for bid with the bid opening scheduled for February 8 -114- i KENAL ALASKA The status of the projects is as follows: Kenai Community Library Expansion Project —Work on interior finishes is underway, with flooring installation scheduled to begin later this month, transition into the new area is scheduled to begin at the end of February. Water Treatment Facility (Arsenic Ground Water Study) —The design of the facility was awarded to HDL, the preliminary engineering report is complete and the Design Development phase with 65% documents scheduled for mid January. Multi Use Facility Lighting Upgrade —The project followed the construction schedule; the new lighting is operational, replacement of the emergency lighting is awaiting delivery. Water and Sewer Rate Study Update —A Council work session is scheduled for February Togiak to Beaver Loop Water Extension Project —This is the continuing extension of the Lawton Drive Project. The NEPA Cat X was approved on December 16; the Work Plan has been submitted to the EPA Project Officer for comment. Once the Work Plan is approved the project will be put out to bid. Construction is scheduled to be complete in early October. Personal Use Fisheries Capital Proiect Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction completion scheduled for summer use. The replacement bridge for the trail is on site with installation scheduled for early this year. Vintage Pointe Water Damage Project —Notice to proceed was issued on August 26". Construction is under way with the work in the apartments complete; work is beginning in the halls. Baron Park Drive (Kenai: Various Road Improvements)— NTP is expected in early October. Draft SWPPP was submitted to DOT and returned with comments; clearing is scheduled to begin in late winter. Main Street Reconstruction Boring occurred in Mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. Central Heights Roadway Lighting Storm Water Improvements Boring began on October 12` concurrent with Main Street Reconstruction Boring, Marathon Park Phase 1 (Daubenspeck Family Park) Surveying and design are underway, electrical service installation is complete; the restroom construction contract was awarded on December 15' to Cornerstone Construction LLC, with construction completion scheduled for summer use. -115- CAPITAL PROJECT MANAGER MID MONTH REPORT JANUARY 2011 tke dty KENAI ALASKA U POLICE DEPARTMENT MID -MONTH REPORT -116- December 2010 TO Rick Koch City Manager FROM: Gus Sandahl Police Chief Air DATE: 1112111 SUBJECT: Police Communications Department Activity December 2010 Police handled 553 calls for service (up from 526 in December 2009). The Communications Center received 274 emergency 9 -1 -1 calls (189 from cell phones). Communications personnel handled 3,038 administrative phone calls during the month of December. Officers made 43 arrests and wrote 235 reports. Traffic enforcement resulted in 91 warnings, 16 speeding tickets, 20 seatbelt tickets, 6 citations for equipment violations, and 25 citations for "other" traffic violations. There were 3 DUI arrests (all misdemeanor). Police investigated 32 vehicle crashes (7 Injury crashes). Eight of the total crashes involved moose. Only one of the 32 crashes involved an intoxicated driver. On Dec. 2, Officer Miller attended a 5 -day Active Shooter course in Seattle, WA. From Dec. 5 to Dec. 7, Dispatchers Nusbaum, Wiles, and Day attended emergency medical dispatch recertification training in Soldotna. On Dec. 7, Chief Sandahl attended semi annual law enforcement meetings in Anchorage. On Dec. 8, Sgt. Langham and Sgt. George attended a 3 -day Supervisors conference in Anchorage. New Year's Eve was relatively uneventful, and KPD officers made no DUI arrests that evening. Officer Levi Russell was voted as the Officer of the Year by Police and Communications personnel. Dispatcher Lisa Linegar was voted as the Dispatcher of the Year by Police and Communications personnel. During the month of December we still had two new officers in training, and another officer was on light duty for the month. As a result, other officers continued to work significant amounts of overtime to cover minimum staffing requirements. the 'of KENA ALASKA STRAY ANIMAL CONTROL MID -MONTH REPORT December 2010 2010 2009 2010 2009 73 83 ADOPTED 68 53 Dogs 40 51 Dogs 32 25 Cats 34 30 Cats 35 24 Other Species 0 2 Other Species 1 3 RELEASED 13Y OWNER 58 56 CLAIMED 9 24 Dogs 22 27 Dogs 7 24 Cats 34 28 Cats 2 0 Other Species 2 1 Other Species 0 0 D.O.A. 9 13 EUTIIANIZED 54 61 Dogs 5 12 Dogs 23 28 Cats 4 1 Cats 30 33 Other Species 0 0 Other Species 1 0 TOTAL ANIMALS 140 152 Other Disposition 0 1 Borough Animals 60 36 Field Investigations 85 59 Total Dogs 67 90 Volunteer hours 79 43.5 Total Cats 71 59 Total phone 433 595 Total Other Species 2 3 Kennel Permits 0 1 Community Involvement Projects: Christi re- started classes at the Kenai Peninsula Youth Facility 12/30/2010 Cora received 641 lbs of dog food and 208 lbs of cat food donations for the holidays. An anonymous donor donated 1,000 worth of supplies (collars, tools and disinfectants) -117- tire city of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: January 12, 2011 RE: Mid -month Report PARKS RECREATION MID -MONTH REPORT January 2011 The City of Kenai /ConocoPhillips MPF had a total of 111 hrs of ice reserved for the month of December. This compares to 109 hrs during this same time last season. Kenai Central High School (KCHS) has been using the ice rink during the days for some of their physical education classes due to their gym closure. Use may continue to end of January depending on repairs to the gym floor. The rink should see quite a bit of use toward the end of this month derived from the Peninsula Winter Games. The department logged a total of 22.5 hrs grooming the ski trails in December. The KCHS will be hosting their annual Kenai Classic on January 21 This event has been moved to another location the past 3 years due to lack of snow. The department solicited quotes for supplying flowers for the boxes and circle planters in preparation for the upcoming summer. Connie's Flowers will be furnishing the flowers for these planters. Director Frates has been working with our Shop Foreman on locating a used vibratory plow. A vibratory plow would assist with future installation of irrigation equipment. The director has also been busy drafting the FY12 budget. Groundskeeper Hernandez has cleared snow off lake at Daubenspeck Park. There has been some skating taking place and the department is looking into building a hot mop apparatus. A Polar Jump is scheduled at the east end of lake for Saturday, January 15`". Pole decorations are scheduled to be taken down by the end of week. The department assisted Public Works on the Kenai Teen Center flooring project. Project will go to bid in near future. The department recently logged a total of 35 hrs of community service work. Volunteer time was spent cleaning dasher boards at the MPF, city yard buildings, Recreation Center, and vehicles. the c/fr KENAI, ALASKA December Circulation Figures Adult Fiction 2,139 Internet Access 1,131 Adult Non- Fiction. 1,547 Music 286 Periodicals 74 Puzzles 0 Juvenile Fiction 525 Videos 263 Juvenile Non- Fiction 229 DVDs 2,249 Easy Fiction 829 Audio books 143 Easy Non- Fiction 428 Miscellaneous 130 Interlibrary Loan 34 Computer Programs 13 Total Print l Total Circulation Library Door Count 5,805 Income Fines 1,033.15 Xerox 25.75 Lost/Damaged 93.99 Test Proctoring Fee 120.00 Printine 246.25 Total income 12/10 1,519.14 Adult Programs 1 Persons 1 Children's Family Programs.... 13 Attendees 270 Volunteers 4 Hours 39 As progress continues on the library expansion we are currently are scheduled to move in to the new space on or about February 15 with an anticipated closing of three weeks for the transition. The date is still somewhat flexible and may be delayed if the contractor is unable to lay the carpet on schedule. KENAI COMMUNITY LIBRARY MID -MONTH REPORT JANUARY 2011 Total Non -Print 4,215 10,020 In -House circulation 95 6,31.4 Downloadable Audio 294 Downloadable EBooks 47 -119- Library Cards Issued December 2010 Internet Only 5 Anchor Point 2 Clam Gulch 1 Kasilof 3 Kenai 39 Nikiski 4 Soldotna 7 Sterling 2 Non- Resident 1 Oreanization Other 9 Total 73 Interlibrary Loans Books Ordered. 44 Received 35 Returned 36 Loaned by us 25 hec/yo( KE Al, ALASKA FIRE DEPARTMENT MID -MONTH REPORT -120- January 2011 The year of 2010 ended in a flurry for the Fire Department with two structure fires in a matter of weeks. The first was a barn fire that happened off of Togiak Street that unfortunately consumed the structure before he really arrived. Sergeant Kelly George called this fire in while on patrol so we wanted to say thanks for helping the cause. Unfortunately the owners lost a few animals in the fire. The second fire happened just days before the end of the year and was in an apartment complex on Lilac Lane. The fire started in the bedroom of an occupied apartment. The occupant was able to get out and call the fire department. The crew that responded did an excellent job of minimizing the damage caused by the fire. I have talked to a number of citizens that had seen the size of the fire and were shocked that we put it out. A quick tip of the hat to them. One our new employee is attending his EMT II class down in Ninilchik. This is the next stepping stone to becoming an EMT III ACLS medic for our department. In early December, all department members attended Pediatric Advanced Life Support training. During the week of January 4th, 5th, and 6 the FAA inspectors were in Kenai looking at all different aspects of the airport. Many hours were spent with the inspectors looking at training records, response records, fueling inspection and also having us perform response drills. Preliminary reports are all favorable. We are still staying involved with the ICPC Paramedic program and continually have student ride alongs coming to our station. Something we have never done, is we had our department's Sponsoring Physician Dr. Elliot ride along with our crews for a day and did she ever pick a rough day! It was great that the crews got to work alongside her and she had the chance to actually see what our job's entail. We are staying involved with Safe Kids and hostine Child's car seat check at our department. We are also waiting until the new CPR standards come out this year and we will be teaching CPR to all City Employees. the cfyof KEN AI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: January 4, 2011 Total November Meal Count 2010 Served: Total Congregate Meals Served: 1 Total Horne Meals Served: 1,760 Total November Meal Count 2009 Served: Total Congregate Meals Served: Total Home Meals Served: We were rented three times in December. There were 1,149 volunteer hours for December. KENAI SENIOR CENTER DECEMBER REPORT December is a very busy month for the senior center. Many entertainers come to the center to share their musical talents with the seniors during the Christmas season. Some of the groups who entertained were the Hawaiian Dancers from Soldotna. Senior Center, Forget -Me -Not Band and Riverside Hannonies. The seniors volunteered serving the "Breakfast with Santa." 75 elementary children ate pancakes and visited with Santa. A volunteer senior filled in for Santa Claus. 25 senior women participated in a Christmas Tea and cookie exchange. There was a Christmas Party and gift exchange amongst the seniors as well as a Christmas Eve Day brunch and New Year's Eve Luncheon. The forget -Me -Not Band entertained at the New Years Eve luncheon. The seniors and staff partnered with Mountain View Elementary by donating toys for their Christmas Drive, "The Golden Girls" line dancers and the Kenai Bell Ringers shared entertained out in the community going to Heritage Place and various senior centers. Computer classes began in December with a MASST participant, 2 volunteers and the UAA practicum student leading a two 6 -week basic and advanced computer classes. Each class is two parts; a 1 hour lecture one day and hands -on lab the following day. It has been so successful there are 15 people on the next 6 -week class. A Diabetes Management class has begun by a retired RN who volunteers at the center. She led the class and does individual food counseling for those who attended the class and monitors what individuals are eating and how each person is changing their patterns. -121- Airport Manager's Report For January 2011 Airport Projects: Apron Rehabilitation: Winter shutdown. Float Plane Basin Facility Improvement Project: Wince- Corthell -Bryson is continuing with the design effort. Master Plan City Administration is developing a work scope for this plan. Annual FAA 139 Inspection: The annual FAA certification inspection was held January 4 -7, 2011. Two FAA representatives reviewed ARFF curriculum, training records, fueling inspection records, airport self- inspection records, and other areas of the FAR 139 regulations that the airport must comply with. We expect to receive a Letter of Correction for runway edge flush mount lights, runway markings, obstructions, and a Wildlife Hazard Assessment. FY12 Budget: Airport staff is busy working on the fiscal year 2012 budget. Improvements under consideration will be landscaping upgrades, new carpet and vinyl in the terminal; terminal roof repairs including the class walkway, sidewalk repair, and electric plug -ins for the rental cars. New Administrative Assistant: Erica Shinn joined the airport staff on December 21, 2010. Erica was previously a Dispatcher with the Kenai Police Department for 3 years. She is energetically approaching this position and responsibilities and is a welcome addition to the airport staff. 2011 Kenai Peninsula Air Fair: Saturday, June 4, 2011 is the date for the 11 Annual Kenai Peninsula Air Fair. We are always looking for event volunteers and new ideas for this event. If you can volunteer please contact Mary or Erica. 2011 -01 -122- INFORMATION ITEMS r INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 19, 2011 1/5/2011 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $5,000. 3. City of Kenai Commission /Committee /Board Capital Improvement Project List. 4. Boys Girls Club /Kenai Recreation Center Use Information. 5. 1/13/2011 M. Kebschull, City Planner memorandum regarding the Comprehensive Plan Status. 6. 1/4/2011 L. Floyd, Building Official memorandum regarding Summary of 2010 Building Department Activity. 7. 1/13/2011 T. Eubank, Finance Director memorandum regarding Quarterly Financial Report. 8. 1/13/2011 T. Eubank, Finance Director memorandum regarding Quarter Ending December 31, 2010 Investment Report. 9. 1/4/2011 N. Carver, Planning Assistant memorandum regarding Summary of 2010 Code Enforcement Activity. 10. 2010 Planning Zoning Commission Resolutions, 11. Maintenance Department Requests for Repairs by Building, 2010. 12. 1/13/2011 Kenai River special Management Area Advisory Board meeting agenda and minutes of the 12/9/2010 meeting. 13. 2011 Alaska Gaming Peiurit Application /Fraternal Order of Eagles Aerie #3525. -124- Z t o o 7 0 0 O a rn a ri ca F Z 7 0 0 CD z LL! W J 0 0 0 0 LL 0 0 0 0 vi 0 z a r 0 r 0r4 n 0 Q 14 44 r c Z W z z w m O 0 w z 0 z w y uj %5 3z O 0 ce z 0 a C.) 11 O 7 0 W 0 LLI F 0 z D- O DC O <C -125- the cry of NENAI A SKA MEMO: TO: Marilyn Kebschull, Planning Director FROM: Kevin Lyon, Acting Public Works Director DATE: 11/10/2010 Marilyn- "Village with a Past, Gi with a Fatrtre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 SUBJECT: Submission of Capital Projects Priority List from the Harbor Commission to the Planning and Zoning Commission Attached are the FY 2012, FY 2013 and FY 2014 and other projects considered in prioritized lists as passed by unanimous consent at the November 8, 2011 Harbor Commission meeting, Please provide any comments from the Planning and Zoning Commission so they can be included for action at the December 13, 2010 Harbor Commission meeting. It -127- CITY OF KENAI DOCK AND BOAT RAMP CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR FY 2012 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 4,000 REQUIRED FUNDING 0 a0 em d m O N 44 DESCRIPTION Pile Repair Cathodic Protection PROJECT TITLE jiedaJ yeO leua4 N M ✓f -127- CITY OF KENAI DOCK AND BOAT RAMP CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR FY 2012 NOTES /COMMENTS Design $29,000 Contingency 2,500 Project Management 6,000 Environmental Permitting 4,000 REQUIRED FUNDING 2 d O .ti DESCRIPTION Phase 1 to construct a cantilevered walk way 311111.13fO8d Dock Public Access Improvements Design 839WON A118O18d N M CC 0 1 N _W F a. et cc m LL a. -128- JCK AND BOAT RAMP CITY OF KENA. NOTES/COMMENTS Construction 241,200 '..Contingency 36,000 Project Management 15,000 REQUIRED FUNDING 0 0 N m N' N DESCRIPTION Phase 2 to construct a cantilevered walk way PROJECT TITLE Dock Public Access improvements Construction PRIORITY NUMBER M v ce 0 LL cc rc cc c CZ rN CC 0. stI -129- OF KENAI DOCK AND BOAT RAMP NO1 /COMM 9NION(li o3NIfla321 0 lex 0o'000'oS NOLLdJHDS36 PROJECTTITLE Drift Boat Pullout (lower river) Emergency Response Facility (Boat House) Dock Float Repiacment (5 sections) L Waren Ames Walk Way PRIORITY NUMBER CO v -130- m 0 m CITY OF KENAI CK AND BOAT RAMP -131- m 0 ria c a LU W 1 C o o CC W Ll F.' 7 U lyi CC W 2 O C V H Z W v1 W cc cc a a ec j S O F o 2 0. 2 -132- 0 MEMO: "Village with a Past, Gi witli a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I� Telephone: 907- 283 -7535 FAX: 907- 283 -3014 II �r 1992 -133- TO: Marilyn Kebschull, Planning Director FROM: Robert J. Frates, Parks Recreation Director DATE: November 30, 2010 SUBJECT: Capital Improvement Project Priority List from Parks Recreation Beautification to the Planning and Zoning Commission Attached are the FY12, FY13 and FY14 prioritized Capital Improvement Project (CIP) list from the Kenai Parks and Recreation Commission and Beatification Committee. Also included are other projects considered. Please forward to the Planning Zoning Commission for comments. The Parks and Recreation Commission and Beautification Committee will review comments and finalize the list prior to January 7, 2010. NOTES /COMMENTS safety standards forfall protection. $25,000 recommended by Commission for field refurbishing, i.e., soil conditioning agents, day bricks for pitching mounds, netting, fence repair, dugout replacement, etc. ccP, ”5 a�,G %Lai, ...,tc.c... .,,G.. significantly reduce staff labor and allow more time to focus attention on other maintenance needs. Equipmen upgrade would include some streetscape ''..elements, i.e., picnic table, rails, etc. The existing wall was built through volunteer labor at the time the park was developed and structure is failing, along with portions of the [sidewalk leading to it. Most all the existing playground equipment in the ',park system was installed between 1992 and 1998. Equipment standards have changed since this time and it is getting increasingly more difficult to find ,replacement parts. ENIONJIU C131i1f1O311 a 0 in 0. tri 0o S oorooa'sz 30,000.00 DESCRIPTION lUttl Project would add to existing equipment This project replaces an aging memorial wall that has badly deteriorated, including the corresponding sidewalk. Project would replace aging equipment deemed most appropriate pending a park study. PROJECT TITLE Skate Park Equipment Upgrade [Leif Hansen Memorial Park Veteran's Wall and Sidewalk Playground Replacement I I PRIORITY NUMBER N N 6 V1 W 0 cc cc 2 reL ZE E IN -134- L FUNDING RECOMMENDATIONS FOR FOR STATE AND F:EDE NOTES /COMMENTS Most all the existing playground equipment in the 'park system was Installed between 1992 and 1998. Equipment standards have changed since this time and it is getting increasingly more difficult to find replacement parts. Project would provide a large mower to keep up with 30,0001)0 Amount of turf areas continue to expand and turf mowing demand each summer. department needs to acquire another large mower capable of providing efficient turf maintenance. Mower would replace a John Deere Reel mower purchased in 1992. It currently has 1,900 hrs and increasingly difficult finding replacement parts. ISM Project would design and construct a large fan system 15,000.00 Condendsation during shoulder use season to alleviate condensation problem. creates undesirable ice conditions that take valuable labor tirne to address. DNIONFU O3111f1a3L DESCRIPTION Project would replace aging equipment deemed most appropriate pending a park study. PROJECT TITLE Playground Replacement Large Area Grass Mower Fan System for City of Kenai/Conoco- Philips Multi- Purpose Facility 0 L N W Z F 0 cc o 2 cm CC ec cc Lj La CO O CI cc u -135- KENAI PARKS AND RECREATION NOTES/COM MENTS Most all the existing playground equipment in the park system was installed between 1992 and 1998. Equipment standards have changed since this time and it is getting Increasingly more difficult to find replacement parts. Bleachers are either in a deteriorated condition or do not meet any current standards for hand rails or fall prevention protection. Parks and Recreation Commission has discussed and believes It to be in best interest of City to ':have a tent/vehicie campground. Project fulfills an identified need particularly during the annual [Persona; Use Fishery. 9NIGNfld O3aintna 60,1100.00 00'000'SL 325,000.00 DESCRIPTION Project would replace aging equipment deemed most appropriate pending a park study. Project would replace aging bleacher Project would purchase property for purpose of constructing a tent /vehicle campground PROJECT TITLE Playground Replacement I I Kenai Softball Complex Bleacher mm Upgrade City of Kenai Tent/Vehicle Campground PRIORITY NUMBER N u. ea p in a Lj Ct uj cc czt u -136- KENAI PARK., AND RECREATION cc 0 N W z K 0 cc ce CA Z LW et -137- NOTES /COMMENTS Parks and Recreation Commission has discussed the development of ball fields in this area. Project could include 5 Little League fields and two Sr. League fields and associated infrastructure. Due to cost, this project should be phased with focus on fields identified as having the greatest need. !!This project is of interest to the Parks Recreation Commission but significant work needs to be ''!accomplished to determine its feasibility. Project could be included into design function of Sect. 36 and phased into overall design. There has been some interest expressed by citizens and or groups for such a park. Project would provided upgrades to adult softball complex. Specific project would be determined by highest priority and could include new dug- outs or turf infield(s). REQUIRED FUNDING 0 L umogun 0 S c DESCRIPTION Project would design and construct seven baseball fields at property identified as Sect. 36 This project would construct a 1005000' indoor turf field possibly as an addition to the existing Kenai Multi Purpose Facility. The facility would be used by area l!school, pre schools and other organizations. ;[Project provides construction for a fenced in area for !citizens to exercisettrain dogs. 'Project provides upgrades to the existing complex, PROJECT TITLE New Baseball Fields City of Kenai Indoor Turf Field Facility !lea Beal !Kenai Softball Fields PRIORITY NUMBER ct ec ce 111 L1.1 LL Cr CC 0 LL Lh 0 Lu cc 1- -138- OTHER PROJECTS WHICH WERE CONSIDERED oAR NOTES /COMMENTS Soccer fields are heavily used during summer season by many organizations and families and is a gathering location. Play equipment would provide play structure to children. 305' LF sidewalk installed in 2010. Availability of plaque space is expected to last 5 -8 years on the new addition. Space is available for future side- walk additions. Specific upgrades need to be determined based on use of this area. Upgrades could include small concrete picnic pads and tables. y Specific upgrades need to be determined based on future usage needs and trends. REQUIRED FUNDING 00'000 CI Cr IN Unknown unknown 100,000.00 DESCRIPTION Project would purchase small playground structure to be located at the soccer fields. Project would construct additional sidewalks. Project would provide upgrades to area. Project would address any specific upgrades to existing facility. PROJECT TITLE Sports Complex Playground uoillppv ileMaplS uasueH gal yoopeAO ding] oluaa5 Kenai Multi- Purpose Upgrades Kenai Cemetery Columbarium Fc cc 0 LJJ Ct CC I -139- WHICH WERE CONSIDERED NOTES/COMMENTS Project has been discussed by Parks Recreation Commission_ Markers would better identify plots and provide permanent grave markers. A deposit would cover cost of markers, Fencing around park was installed in the late 1970's or early 1980's and is in a deteriorated state. REQUIRED FUNDING PT O O 0 O O sr. NOI11111D930 This project would provide for permanent markers for all plots. Project would replace fencing around Old Town Park. PROJECT TITLE Kenai Cemetery Grave Markers Old Town Park Fencing Upgrade PRIORITY NUMBER cc e3 LW z E5 cE LiJ -140- FOR STA' NOTES /COMMENTS Upgrades would involve a contractor installing landscape bricks around perimeter of four flower/ shrub beds and one "town tree" near the clock. Project would provide a visual appeal and reduce maintenance, i.e., hand edging. Project would better define the Blue Star Memorial. Partial funding could possibly be I provided the veteran groups, i.e., Post 20, etc. 'Area surrounding sign needs enhanced to increase visual appeal. This is one of the first attractive signs tourists and citizens see as they enter town. General landscaping should be low maintenance and include shrubbery. REQUIRED FUNDING 0 tn o o o o IS in 35,000.00 DESCRIPTION Project would provide upgrades to Leif Hansen Park flowerbeds Project would construct a concrete sidewalk around the perimeter of the Blue Star Memorial along with Landscape bricks around the flowerbed. Project would construct landscape bricks around base of sign and provide general landscaping. PROJECT TITLE LH Memorial Park Landscape Improvements Blue Star Memorial Upgrade AIL- American City Sign Upgrade PRIORITY NUMBER N M cc 0 u. N W z F 0 p cc Ls, cc cc cc z 0 C3 CC Cr I cc -141- BEAUTIFICATION SSN3INIMOD /5310N [Landscape improvments could include parking bollards along front edge of parking lot coupled with a raked walkway leading from parking lotto metal framed gazebo. Landscape improvements would include construction of landscape bricks around perimeter of beds. Bricks would lend visual appeal and reduce maintenance, i.e., hand edging. Benches and trash rerceptacles would he utilized at key areas throughout town and accompanied l.. with tree plantings where appropriate. Areas ltargeted would he prominent intersections, [,bike path, high pedestrian traffic areas, etc. ':Purchase would replace a mower purchased in 2000 which presently has 750 hrs. REQUIRED FUNDING 0 0 20,000.00 00 DESCRIPTION '.Project would include general landscape improvements. Project would provide landscape improvements to three prominent flower /shrub beds, including Scout Park, 'Municipal Park sign, and the Kenai Park Strip restroom. Funds would be used to purchase metal benches and (trash receptacles. Funds would purchase a mower w/ bagger 'system. 31111 13 310 8 4 Scenic Bluff Overlook Improvements riowerbed landscape Improvements City Beaches Trash Receptacles [Riding Mower PRIORITY NUMBER ■-1 ry m 0 LL y F O o 0 La Ct -142- NOTES /COMMENTS department's fleet of mowers and other misc. items are stored in this shed. Items are often needed to be placed on pallets to keep off gravel floor. REQUIRED FUNDING p O cs C DESCRIPTION USCU [Ming HU pin l VVdy 6114 VVHIVw J pi RA °U4 general winter improvements to areas yet to be determined. esisuug x1. 1 +6ge enw• PROJECT TITLE PRIORITY NUMBER ry N tc 0 LL W E O N p E2 0 ct re CC -143- CAPITAL IMPROVEMENTS P KENAI PARKS RECREATION cc rz Ea CC LLI CC CA cc 6 17 cc u. -144- TEEN CENTER 2004 2010 Other Youth Members Served Total: 2004 127 723 850 2005 220 443 663 2006 361 662 1023 2007 308 466 774 2008 295 522 817 2009 180 507 687 2010 193 519 712 500 400 300 200 100 0 Teen Center 2004 2005 2006 2007 2008 REC CENTER 2004 s 2010 Weight Room Court 1 Court 2 Court 3 Gym Total: 2004 5,803 1,947 2,636 4,315 30,730 45,431 2005 7,328 2,547 4,220 4,963 44,626 63,684 2006 10,025 3,387 5,540 6,343 45,130 70,425 2007 11,866 3,471 6,302 398 48,743 70,780 2008 6,084 5,258 2,397 179 40,028 53,946 2009 6,569 5,596 2,537 266 37,978 52,946 2010 8,048 5,287 2,021 116 43,991 59,463 2004 2010 Facility Visits -145- 2009 2010 is Other Youth Served Weight Room DCourt 1 ®Court 2 mCourt 3 Gym Expense TOTAL FYit 100.00 MIIIIIIIIM Auto 8,200.00 0200.00 IIIIIIIIIIIIIIII$ 100.00 100,00 Bank Services al 3 5 000.00 3 5,000.00 II a t EmpdCommunity Relations MIIIIIIIIIIMI 50.00 Contract Labor IS Contracts 10,000.00 DUDS Subscriptions 1,000,00 SIMI 10,000.00 10,000.00 154,245.00 EqulpmenULease Expense 1,000.00 1,000.00 Event General Fundraising 132,190.00 132,19000 1 85,390.00 185,390.00 Expense Advertising 100.00 100.00 Auto 400.00 400.00 Background Profile 100.00 100,00 Bank Services 888.00 888.00 Building Lease t EmpdCommunity Relations 50.00 50.00 Contract Labor 0.00 Contracts 10,000.00 5 10,000.00 DUDS Subscriptions 1,000,00 1,000.00 Employee Payroll Benefits 154,245.00 154,245.00 EqulpmenULease Expense 1,000.00 1,000.00 Event General Fundraising Insurance 7,000.00 7,000,00 Postage& Delivery 200.00 200.00 Printing 160.00 150.00 Professlonal Services 1,500.00 1,500,0D Repairs Maintenance 500.00 5 500 A0 6,000.00 5 000 00 Supplies Telephone Training 1,000.00 1,000.00 Trash Travel 0.00 utlldiea 1,000.00 1,000.00 Wab Page 67.00 67.00 Youth of the Year 600.00 500.00 Total Expenses 184,700.00 184,700.00 income Athietiea Clubhouse Contributions Board and/or RC Corporate Individual Event Auction Sales Golf Tournament Jr. Classic General Fundraising Grant PAL ACLC Leglatiative Grant Stimulus Funds SOA- Summer Lunch State of Alaska -Snack ,United Way Fred Meyer Tide 1/ City Funds Scholarships/Clubs or Activities Total Net ProfitlLoss 100.00 590.00 FY11 Projected Rec /Teen Center Budget 100.00 590.00 °Wallet w.mJdama Cain m.tra, Ono 4« 000 amp, Oil Industry/4.T Gm5 uarap CAT Spnnv Claissic eN m Ewa Y.,,N'Nyabno Clam FY 0,0,0. P.P. WA. ile.% m Athrtql '.'poem 0°.5&5.00 0000.40 CY Ma„apb 050 Err* G§cv06k ow'my 1000. wal lWmm lama only Cal OVty 00p Pq,.d,0on In, 00000,0 00000, RN A'ev'. Caw 1.'ea0 wen. cram,., ow0 mmcluw ,punt, Poo Eq., Club reC oat0. Kid t,,%0IC Y,Ina hum m0 a 0± in Lwhn /ax tht WPM, am Egpmt w+ ties 'DP lawn.' as Mae swan Gretxnaa, 0GClaa 0ptbata0 pa um. CPR warm 00.0001., pa, att.., M•.pe CLb, a9. 000.00' awl ne.,,0100,m Imv84wip01, maw. mat cats -146- Ca 4 p y C•41 V N,. tot tw ""Td N N a- O J c N6 W O4 I Et O- E U ors E O U J c1 x w 0 m E U C 0 0 O 0) O O O t() O 0 0 0 0 0 0) 0 c+ O (0 N f0 O O O O O O N O 0 0 0 0 0 0- T O 0 O O O 0 O O O h 0 N O O O h 0 0 0 0 O 6 O O O w O W O O O 0 O M O 6 m co 0) O 6 O 6 6 0 6 co (O (0 O co to (4) co m 0 'C 0 0 OG 0 0 N O 0- 6 6 6 6 6 f- N N O 0 0 0 P 0 6 6 6 6 6 0) 0) O) r Y) 0 Y) N N <t <i V' .t +t O 6 6 0 0 0 0 U) h.. 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W a 00 (0 N -147- m w 3 o G m .9 m m 0 x 0 m 46 O, w m G O) 'o C 4 0 O z W w w U. to a u) o va o C I Y !<0 0 N 0 m 0 c W m a 0 c W 0) m a 0 o 0 0 c m a E L a W 4 xo co w N 0 0 0) m Q O 0 N- N «3 0 0 N m 0 0 0 N. 0 0I CC 0 0 0 CT). m 0 o arr m v o v o 0 W O O m m N m O O N@ M O m 0 0 0 Z Sc) r N 0 0 N- t- ell W M W m r V U N w C CC CI- y o 1 N o l4 0 C N O N co t0 'd co O 0 CO O O N O O 0 V y� K O 0 N fg O O N 0 VI O m CO el' O O Cd r o o co M 0 o N a n o r n o 0 co r Y Z O N r O n n m d 7d w s co O CO 0 O e a w J C 05 o o 0 v n o 0 0 m o 0 o m an o 0 y O 0 0 N O O 0 (N V O O co N 0 0 0 V N y o o v eo 0 0 o N c o o `n n i 0 0 N O W N N N M r r" u Ur T Z LLi C U Da E w N K O U Co m a .CC a 41 W E v 2 0 0 d 0 N C N n. co. x X 144 W 0 N U C 0 d d d N 0 a a 0 .E. E a m a W x O E ati 4 CC i'n C N w C 0 N 0 C O g CD N r O N 1 st 40 A. O N 0 0 N M V b N. w a ID 0 0 CO m CO 0) 0) C w d m m w 0 ICI CO -148- 0 0 0 -y O O N NC 0 0 0 0 0 0 E Co g E g c m d G 0 U a d w O E M o 0 0 a n C L_ `a O O O O N rn ri \the KENAI, ALASKA MF:MO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration, DATE: January 13, 2011 SUBJECT: Comprehensive Plan Status Tillage with a Past, CL with a Fstrare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 t�IIII Four proposals were received from consultants interested in providing services to update the City's Comprehensive Plan. On January 6 the review team (City Manager Koch, Planner Marilyn Kebschull, Planning Assistant Nancy Carver, and Kenai Peninsula Borough Planner John Czarnezki) met and reviewed the proposals. Two firms have been invited to present their proposals to the team. The presentations will take place on February 3 in Council Chambers. It is hoped that after the presentations, the team will select the successful proposer and begin negotiations to contract with the firm. An ordinance will be introduced at Council on January 20 to transfer budgeted funds to the project fund, This is the $50,000 that was budgeted during last year's budget and matches the funds that the Kenai Peninsula Borough provided to the City. We anticipate that a consulting firm will be under contract and begin working on the plan by early to mid February. 1992 Type of Building Permit No. of Permits Building Valuation Plan Review Fees Collected Permit Fees Collected Residential New Housing Construction 19 $2,935,200 $4,326.63 $8,653.26 Residential Additions Alterations 33 489,900 837.30 2,613.75 Commercial New Construction 4 870,000 3,315.33 5,642.25 Commercial Additions Alterations 33 6,467,700 21,373.69 34,735.75 Multi- family New 1 90,000 127.68 255.36 TOTAL 90 $10, 852,000 $29,980.63 $51,900.37 Sign Permits 6 $55.00 MEMO: TO: Rick Koch, City Manager FROM: Larry Floyd, Building Official THROUGH: Kevin Lyon, Project Manager DATE: January 4, 2011 SUBJECT: Summary of 2010 Building Department Activity The following table shows building permit activity for 2010: Building Inspections Performed: "Village with a Past Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 1 1111 I -150- 435 1992 2010 1sf 2 3' 4th TOTAL Residential New Housing 0 10 7 2 19 Residential Additions Alterations 1 15 12 5 33 Commercial New Construction 0 2 1 1 4 Commercial Additions Alterations 5 11 8 9 33 Multi family New 0 1 0 0 1 TOTAL 6 39 28 17 90 $502,500 56,550,000 $3,110,800 $688,600 $10,852,800 2009 1 st 2 "d 3 rd 4th TOTAL Residential New Housing 1 11 3 1 16 Residential Additions Alterations 3 10 17 6 36 Commercial New Construction 1 5 4 1 11 Commercial Additions Alterations 4 10 3 7 24 Multi- family New 0 0 0 0 0 TOTAL 9 36 27 15 87 $613,000 $4,061,565 $1,712,600 $516,680 $6,903,845 Building Summary Memo 2009 Page 2 March 5, 2010 The following tables compare building permits issued in 2009 and 2010. The table shows the number of permits issued each quarter and their value, 2010 Building Permits Commercial /Residential Fatties -152- -153- -154- -155- N 0 -156- 0 -157- -158- N O z -159- 0 KENAI, A S FINANCE DEPARTMENT QUARTERLY EXPENDITURE REPORT December 2010 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 13, 2011 Subject: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water /sewer fund as of December 31, 2010. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through February. The forth calendar quarter 2010 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of January. State and Federal is below budget in all funds because of PERS aid. The State doesn't actually give us any money. Instead they make an 'on-behalf payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non Departmental department is way under budget. At year -end we will record revenue and expenditures for these items. Interest and miscellaneous appears to be higher than anticipated this early in the year; however, interest revenue is recorded in the General Fund until year -end at which time we allocate it to the various funds that earn interest. Further, this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year -end. -160- REVENUES Appropriation of Fund Balance Taxes Licenses /Permits and Ambulance State /Federal Dock/Multipurpose /Miscellaneous Fines and Forfeitures Interest and Miscellaneous Transfers /Central Admin Fees Total Revenues EXPENDITURES TRANSFERS General Government 01 City Clerk 11 Legislative 12 Legal 13 City Manager 15 Finance 16 Land Administration 18 Non Departmental 19 Planning and Zoning 20 Safety Total General Govemment Public Safety 21 Police 22 Fire 23 Communications 29 Animal Control Total Public Safety Public Works 31 Public Works Administration 32 Shop 33 Streets 34 Buildings 35 Street Lighting 36 Dock Total Public Works Parks and Recreation Culture 03 Visitor Center 40 Library 45 Recreation 46 Parks 47 Beautification Total Parks and Recreation Total Operating Expenditures Transfer to other funds Senior Citizen Multipurpose Lighting Upgrade Capital Project Comprehensive Plan Projects Alternative Energy Project Debt Service Fund Other non operating Total Transfer to other funds Total Expenditures Transfers Net Revenues overfunded Expenditures 214,696 166,439 261,312 241,268 391,577 16,521 746,509 213,099 3 416 2,254,837 2,674,270 2,041,656 684,389 281,233 211,673 530,704 815,046 361,238 112,557 119,440 2,150,658 143,746 640,587 385,800 360,725 122 569 1.653,427 149,229 25,000 Quarterly General Fund Expenditure Report F or Quarter Ended December 31, 2010 Original FY2010 FY2011 Amended YTO Actual Budget Budget Actual 565,880 776,246 8,163,558 8,710,913 8,710,913 4,566,581 347,112 381,000 381,000 194,906 1,570,053 1,068,209 1,143,237 314,016 167,986 194,900 194,000 148,477 212,992 188,500 188,500 185,516 753,984 770,285 722,285 390,664 1,176,971 1,262,000 1,262,000 623,950 Note: The origint budget includes outstanding encumbrances at 6130/2010. 12.392,658 13 140.787 13,378.181 6,424 110 (6,954,071) 48.02% 7 500 181,729 11,922.199 13,940,787 214,117 219,067 187,918 189,127 265,853 269,963 275,572 283,985 431,015 429,806 20,800 24,400 878,389 886,059 234,329 234,384 8 760 8.760 2.516 753 2,545,551 2,660,214 2,672,217 2,141,510 2,317,003 707,751 707,751 311 033 311,033 5.681 548 5,820,508 6,008,004 222,581 222,581 632,565 632,565 925,063 925,063 539,674 539,674 163,408 163,408 134,244 134,244 2.617.535 2 617 535 193,977 207,777 651,794 659,094 411,174 411,054 405,484 405,604 110.593 110,593 1,773,022 1,794.122 118,546 118,546 70.000 70,000 90,000 90,000 133,423 133,423 1,000 1,000 412 969 412,969 470,457 -161- Variance (776,246) 0.00% (4,144,332) 52.42% (186,094) 51.16% (829,221) 27.47% (45,523) 76.53% (2,984) 98.42% (331,621) 54.09% (638,050) 4.9.44% 97,890 121,177 55.32% 94,169 94,958 50.21% 128,474 141,489 52.41% 132,031 151,954 53.51% 196,446 233,360 54.29% 15,440 8,960 36.72% 360,454 525,606 59.32% 109,336 125,048 53.35% 886 7,674 89.89% 1,135,126 1,410.425 55.41% 1,281,661 1,390,556 52.04% 1,061,416 1,255,587 54.19% 360,399 347,352 49.08% 170,952 140,081 45.04% 2,874,428 3133,576 52.16% 101,491 121,090 54.40% 239,782 392,763 62.09% 386,191 538,872 58.25% 298,651 241,023 44.66% 46,451 116,957 71.57% 52,295 81,949 61,04% 1124,861 1,4.92,674 57.03% 111,209 96,568 46.48% 298,249 360,845 54.75% 209,248 201,806 49.09% 207,968 197,636 48.73% 38995 71,598 64.74% 865.669 928.453 51.75% 11.740.470 12,727,818 12,965,212 6,000 084 6,965 128 53.72% 49,049 69,497 58.62% 0.00% 50,000 20,000 28.57% 90,000 100.00% 25,263 108,160 81.07% 1 000 100.00% 124 312 288 657 69.90% 13 378 181 6,124,396 7 253,785 54.22% 299,714 299,714 REVENUES Appropriation of Fund Balance State /Federal Interest, Leases Fees Terminal Revenues Landing Fees Transfers In Total Revenues EXPENDITURES TRANSFERS Terminal Area Airfield Administration Other Buildings Areas Training Facility Total Expenditures Transfer to other funds Airport Improvement Capital Projects Courthouse Parking Capital Project Total Transfer to other funds Total Expenditures Transfers Net Revenues over Expenditures Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2010 Original' FY2010 FY2011 Amended Actual Budget Budget 64,935 774,275 568,493 221,188 291,937 1,920 828 2612,657 507,768 545,952 1,553,326 1,555,481 282,024 259,735 478,944 171,489 164 138 80,000 2,986,200 2.612 657 64,376 291 250 355 626 3.341 826 2,612,657 (1,420,998) S 129,910 155,768 28,540 28,540 628,300 628,300 584,500 584,500 272,250 272,250 969,157 969,157 Note: The original budget includes outstanding encumbrances at 6130/2010. -162- 530,952 1,570,481 259,735 171,489 80,000 2.612,657 2,638,515 846,048 (1,792,467) 32.07% 25,858 25 858 YTD Actual (155,768) 0.00% (28,540) 0.00% 441,211 (167,089) 70.22% 259,147 (325,353) 44.34% 145,690 (126,560) 53.51% (969,157) 0.00% 188,828 640,200 98,889 50,527 19.292 997,736 25,856 25,858 Variance 342,124 64.44% 930,281 59.24% 180,846 61.93% 120,962 70.54% 60 708 75.89% 1 614,921 61.81% (177,546) (177,546) 0.00% 0.00 °l0 0.00% 2,638,515 1,023 594 1 614,921 61.21% Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2010 Original* FY2010 FY2011 Amended YTD Actual Budget Budget Actual Variance yo REVENUES Appropriation of Fund Balance 103906 103906 (103,506) 0.00% State/Federal 56,640 27,621 27,621 (27,621) 0.00% Water /Sewer Fees 1,775,002 1,786,510 1,786,510 893,843 (892,667) 50.03% Penalty and Interest 13,614 26,000 26,000 12,303 (13,697) 47.32% Interest and Miscellaneous 151,017 43,000 43,000 3,606 (39,394) 8.39% Total Revenues 1,996,273 1,986,637 1,986,637 909,752 (1,076,885) 45.79° EXPENDITURES TRANSFERS Water 740,396 676,178 S 676,178 260,933 415,245 61.41% Sewer 382,496 401,378 401,378 169,399 231,979 57.80% Wastewater Treatment Plant 829 296 909,081 909 081 382,788 526 293 57.89% Total Expenditures 1,952.188 1.986,637 1,986,637 813,120 1,173,517 59.07 /p Transfer to other funds Water 8 Sewer Capital Projects 0.00% Total Transfer to other funds 0.00% Total Expenditures Transfers Net Revenues over Expenditures Note: The original budget includes outstanding encumbrances at 6/30/2010. 1,952,188 1,986,637 1.986,637 813.120 1 173.517 59.07% 44,085 96,632 96,632 -163- KENAI, ALASKA TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: January 13, 2011 SUBJECT: Quarter ending December 31, 2010 Investment Report City of Kenai Investment Portfolio At December 31, 2010 the City had investments with a market value of $23,340,335 that is down from $23,592,252 at September 30, 2010. The City's portfolio is yielding 1.30% that is up from 0.85% at September 30, 2010. The increase in yield is due to rates trending slightly higher in late 2010. City's Investment Portfolio US Agency Securities 17,370,843 AML Investment Pool 525306 Wells Fargo Money Market 2,247,455 FDIC Insured Certificates of Deposit 1,998,007 Bank Balance 1 198/24 Total 23,340.335 FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT December 2010 Airport Permanent Fund Investment Portfolio The forth quarter of 2010 saw gains in the equities markets with positive returns for the fund, For the quarter, the portfolio returned 5.70 Since inception the portfolio has earned 14,11 -164- Cash Cash Equivalents Wells Fargo Checking 1,198,724 0.04% Wells Fargo Secured Money Market 2,247,455 0.15% FDIC Insured Certificates of Deposit 1,998,007 0.98% Alaska Municipal League Investment Pool 525 306 0.01% Total Cash Cash Equivalents 5,969,491 0.39% Averag Yield Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Govemment Securities Total Portfolio Investment Portfolio Purchase Price Investment Portfolio Fair Value 6/30/10 Fair Value Adjustment 6/30/10 Fair Value Adjustment 06/30/10 Cummulative Change in Fair Value CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY December 31, 2010 23,420,403 23,481,023 $12.000,000 60,620 55.000,000 (140,688) $4,000.000 !60 -165- December 31, 2010 Fair Market Current Value Yield 1,004,571 5.15% 9,473,232 1.08% 6,893,040 1.82% 17,370,843 1.61% 23,340,334 1.30% Portfolio Liquidity 50 r Liquidity 20% Minimum Maturity 1- 2 years Maturity over 2 years 30% Maximum ePoScy MVmcuMMVMUr BAC10e! CITY OF KENAI INVESTMENTS 12/31/2010 SECURITY CUSIP FHLMC 2,0 4/27/12 3128X8XS5 FHLB 0.625 7/13/12 Step 3133702R8 FHLMC 0.8 12/21/12 313461092 FHLMC 0.5 12/28/12 Step every 6 r 3134G1E26 FHLMC 1.0 7/26/12 3134G1LT9 FHLMC 1.70 11/16/15 3134G1XV1 FNMA4.125 3136F44K7 FNMA 0.75 1/7/13 3136FMJ70 FNMA 1.75 7128/15 Step 7/11 to 2.( 3136FMV92 FNMA 1.75 7/27/15 Step 7/12 to 2.; 3136FMX90 FNMA 0.55 11/1/12 31398A5B4 FNMA 1.75 11/17/15 31398A575 Current year cost 06/30/10 Market Value 990,976.00 501,435.63 1,000,000.00 1,000,000.00 2,003,000.00 1,998,500.00 1,022,810.00 1,003,188.20 1,000,000.00 2,000,000.00 2,000,244.44 2,000,000.00 CITY OF KENAI Investments 12 -31 -10 COK or 12/31/10 Market Value 984,547.20 500,425.00 997,600.00 998,740.00 2,000,620.00 1,937,440.00 1,004,570.00 1,000,030,00 1,001,100.00 2,016,060.00 1,993,540.00 1,938,440.00 -166- Unrealized Gain EFFECT. DATE DATE or Loss RATE PURCH. DUE (6,428.80) (1,010.63) (2,400.00) (1,260.00) (2,380.00) (61 (18,240.00) (3,158,20) 1,100.00 16,060.00 (6,704.44) (61,560.00) 2.000 2/22/2010 4/27/2012 0.500 11/10/2010 7/13/2012 0.800 12/21/2010 12/21/2012 0.500 12/28/2010 12/28/2012 0,699 7/26/2010 7/26/2012 2.002 11/16/2010 11/16/2015 5.150 8/24/2006 2/17/2011 0.042 11/19/2010 1/7/2013 1.750 7/28/2010 7/28/2015 1.750 7/27/2010 7/27/2015 0.550 11/9/2010 11/1/2012 1.750 11/17/2010 11/17/2015 Fixed Income Cash Cash Equivalents Wells Fargo Secured Money Market Total Cash Cash Equivalents International Equities Vanguard Europe Pacific ETP Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities Total Portfolio 20.00% 10.00 5,00 7300% 50.00% 25.00% 0. 0.00% Co aportlapo L eenchmam 321% CITY OF KENAI AIRPORT PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY December 31, 2010 Current or Conant Fair Market Value Average Portfolio Target Portfolio 31 Mar40 30- Jun 10 30•Sep 10 31.Oec 10 Yield Weight Weight Maximum 76,610 53,097 271,956 502,259 76,610 53,097 271,956 502,259 Government Corporate Securities Governmero.Securilies 4,789,317 4,621,118 4,772,025 5,119,684 2.91% Corporate Securities 3,514,392 3.345,929 3,408,195 3,335,028 5.55% Total Government Corporate Securities 8,303.709 7,967,047 8,180,220 8,454,712 4.01% Total Fixed Income 8,380,319 8,020,144 8,452,176 8,956,971 3.89% 42.98% 45.00% 65.00% Equttfes Domestic Equities Standard Poor's 500 Index 4.486.709 4,150,321 5,039,068 5.118,402 21.24% 20.00% 25.00% Standard Poor's 600 Small-Cap Index 1.259,151 946,367 615,560 945,023 539% 5.00% 10.00% Standard Poor's400 Mid -Cap Index 2.522.335 2,098.396 1,885 323 2,135,115 10.51% 10.00% 15.00% Total Domestic Equities 8,248,195 7,195,084 7,739,951 8,198,540 37,24% 35.00% 50.00% 2,081,032 1,189.087 2,186,337 2,288,629 1.319,295 1,834,985 1,422,898 1,506,970 3,380,327 3,024,072 3,589,235 3,775,599 1,067,133 821.153 919,889 978,000 1,067,133 821,153 919,889 978,000 12,695,655 11.040,309 12,249,075 12,952,139 21,075,974 19,060.453 20,701,251 21,909,110 ]l 100.00% 100.00% 150.00% Portfolio Composition e S4,Mm1 PoOr,000 Sta Pm1'•100 S,aMa,E P,,,a000 Va,qu,M Eropa Vmp r ing VmpuWR IMex man-Cap Mtlax MN.L p IMe% PoaXC ETF u MaKat EYf OCU,rent PatUdio Weight SSa'gH Partld'w \JaeiBSt OMapTUm Prvl1011o5 gM1l Portfolio Performance -167- Last 1 Yea 13.09% 1121% 0.15% 10.70% 10.00% 15.00 OCaa 10.00% 16.41% 1500% 25.005. 3.37 5.00% 10.00% 3.37% 600 10.00% January 11, 2011 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; sent via email Enclosed is our December 2010 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. For the month of December, the account returned 3.83% versus 3.21% for the blended benchmark. For the fourth quarter, the account returned 5.70% versus 4.99% for the blended benchmark. For the year, the account returned 13.09% versus 13.21% for the blended benchmark. At month -end, the market value of the portfolio was $21,909,108. Based upon the composition of the portfolio, the annual cash flow would be $296,075. Our monthly commentary is attached. Please let me know if we can help in any way. Sincerely, Bert Wagnon Senior Vice President -168- r z O M i0 CO N N d CA CA CO NM Cr), N N Nn N h M 01 N ro N K e!8 E 0 z 2. N 0 L o U a. 0 0 u U C 0 0 m 0 01 s E w ea E u M N c Cl Z e r E -169- (sso.o) uwn)n) IC4O131.1831?d o E C O ti 0 O 00 H L L O 0 a u 0 T N c 00 0 0 01 o o F 0 0 N 0 Q V i r O 0 6 00 p O O N O— NG 0 4 R N 00 r 0 0 00 M N 01 N O 1'^ V r i 0 O P 0 N 0 N M 0i 0 C 10 b h V^ C N O 0 6 6 m N a` 00 N a M M Q O 00 0 r 00 0 N h 0 0 4 01 N N 00 M 01 a 0 0 O 4 t O N 00 0 N 0 O V 00 O r 00 00 O O 0 00 'G •S O P O 0' 0 0 0 00 O O R O O 0 0 G 0 G N to N r r 00 e 0 00 01 H M N 00 O 00 M N V 1 en N 4 6 6 N O O O` 01 O 01 O G O O O O O O O 00 el 0 0 N LC rn m a h 0 O 0' N N V. t 0 0 00 0 O N 0 0 0 0 0 0 -170- N 0 h r r o O c 0 W 0' 0 N 0' a 00 d' b m 1G P '0 0' 0 '0 O O -Cr oe O V 4 Z z� rsru <c CJ00p.N:4NW an 0 0 C 0 0 0 W 0 0 0 0 O 0 '/P.1 O O 0 O Cr 0 z N N 0 0 0 a Ci 0 0) J n r-4 00 '0 y N 0 0,, 9 P 0 N 00 N N 00 h. 0 0 N M 0 00 N N 0 z 0 00 a r G 0 00 U N ua 0 G um a W c4 N cd x a g a p 6 0 04 h- N 4 O C x N Y v V+ G`w Sw 4 J 16 C w v p n c5 v F 6 0 0 0 0 0 0 0 0 0 0 ac" O `V 0 0 0 on N N N N N 0' O 0 0 0 G O 0 0 0 q O O N 0 o a N r v 0 U O b o l 0 O a O O co O O '7 l-- 0 0 C W W G (V N m N 0 rn T N 0L f+7 O O 01 n G N. CI 04 N f3 C A N N N V C: f+ 0 J S N O N P nl in b W M O\ ^1 Q a 0 Q 0 N 00 O N G N 0 q b 0 0 r S 0- N 0, 0, v; O- '0 0- t 0 nr 00 P 0 T r 00 T N N r 0 b V 0 G N O M r en Est 00 a< 0' 00 0 a 00 Ea -171- p 0 N 0 in N P N N W 0 0 a IssE ;H WE Or H N N (:4 N (J 04 N w z W Z O 0 P 07 CC T C7 z M+ O a w DO r- 4 r e h N o -172- a L0 n 0 0 L u d m N O Nm 0 M 0 0 0 v t3 t- N N 0 x b 0 0 0 C m N N N M M h tr VJ vi N C el. to IP co C` d' r 4 l N V0 Wh 0 0 0 0 o °c y (s� W 4 C. i ti O cn y W P. al d o X D 4.w 0' a 0 Gy m r' b 4k C co rl O C..) c 5 it N 6 N -173- in W r H 0 WN 4 cm z �a cA 0 N w w O cn u u z P W 4 tn 4) bi b1 Tel C C g q O Q Q 0 7 e ti co r F7 U 4 h ro U O t-- O I 0 N En P co N O 'D m c I C y o C v r F= E E I 1 e F G -174- o Q M '°i cJ `t+ 0 c O N N tn vl 00. 01. M Ml v•r va N 0 0 0 0 cr U 0' -175- U mQ m ('3 N a R 0' e 0 M in O 0 in O O O N N N W 0 4 O -176- O0O �O %O 0 0 h O0 0 N V' O O 'O VJ v 0 0 0 N M r-: b- 00 Pi O 00 0 0 c r. d �n o an n 00 O O W N rn en O N 06 00 N b Mi h 0 V R ,,,L; n fn U COI V J 0 Q J f" a o as a w z a a 3 cn r n a 0 r y mo d, ^.T, 1.', F-, L) N al al w ?C o ti z t N 0 Q 0 0 u 40 b 0 0 O U W N 71 71 O p O W ti O. z Q O ci ",www x w q Qz mg X0 Z w 0. h .a h d O .I.i VOA• GL 0 0 Q O Z Z n 0^^00 O N O 0\ O p, Z a n 0 it W N P.. v C7 C7 r, '-aGv' 0.C7N> F G -177- N N 2 C v ^c O an 3 o :i1.)- -o o o O O o a i h O h N A N N N N N N N O O O O N (1 N N N N N N 0 0 O Lea 0 tti O N N 2 »J ch oe N C 01 01 -178- Violation Property Address Balance as of 12/31/2010 Junk Vehicles 207 Birch Street $15,650.00 Junk Vehicles Debris 230 240 Richfield Drive $7,950.00 Junk Vehicles Debris 2021 Wyatt Way $2,900.00 $1,900.00 Debris Junk 605 Cedar Drive e ei l yJ KENAIi ALASKA M EMO: 7 V'ulaye with a Past, C with a Future" Attached is a summary of Code Enforcement activity for 2010: -179- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Planning Zoning Commission THRU: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant DATE: January 4, 2011 SUBJECT: Summary of 2010 Code Enforcement Activity Planning Zoning currently has five (5) active code cases: One (1) Junk Vehicle Four (4) files have been forwarded to the Legal Department to initiate legal action. The Planning Department sends out the monthly billing notices to the owners, with copies to the Legal Department. Status of legal action is unknown. The following table lists these properties and amounts billed through 12/31/10: Administration continues to work with individual property owners to eliminate violations without taking formal action. The City budgets for the removal of junk vehicles, During 2010, the City removed twenty eight (28) junk vehicles for a total cost of $3,700.00. 1997 Violations outstanding pre 2010 2_, 36 Code violations received in 2010 Code cases closed in 2010 38 Administrative Fines /Abatement 4 Re eat offenders in 2010 1 Violations Outstanding 12/31/10 5 Debris Junk Violations 13 Junk Vehicles Violations 8 Other Violations 4 Junk Vehicle Debris Violations 11 TOTALS: 36 Code Enforcement 2010 -180- 0 od co co co v -181- PZ Resolutions for the Year 2010 TYPE OF PERMIT Resolution TYPE Administrative Exemption. Amend KMC Con Use Permit Monday, January 03, 2011 201035 2.4" Side Yard Encroachment 201006 Adopt Hazard MiSaation Plan 201013 Update Comp Ptah 201025 14.20.050 Pion- conforming 201029 12.10 Nusances 201038 3.05 8 3.15 Animal Conrol 200930 Revocation Outside Storage Yard 201003 Retail Business Outdoor Equipment 201007 Guide. Cabin Rentals 201012 Professional Office 201019 Modification to PZ09 -45 Private Family RV Park 201023 Mobile Food Vendor 201037 Home Business (Storage Yard) 201041 Compressor Site 2.01042 Wel! Pad 201043 Short term rentals 201044 Wind Turbine -182- MEETING DATE ACTION 8/3/2010 Approved 4/28/2010 Approved 6/9/2010 Approved 7/28/2010 Approved 8/11/2010 Approved 10/27/2010 Approved 6/23/2010 Approved 3/24/2010 Approved 4/28/2010 Failed 5/12/2010 Approved 6/23/2010 Approved 7/28/2010 Approved 10/13/2010 Withdrawn 10/13/2010 Approved 10/13/2010 Approved 10/27/2010 Approved 11/10/2010 Approved Page 1 of 3 TYPE OF PERMIT Resolution TYPE MEETING DATE ACTION Encroachment Permit Home Occupation Permit Landscape /Site Plan 201010 Front Yard 201027 Front/Side Yard Setbacks 201002 Plumbing Heating Business from home 201016 Daycare 201005 O'Reilly Auto Parts 201011 City of Kenai-Library Expansion 201020 Transmission Shop 201024 Outside Storage Yard 201030 O'Reilly Auto Parts 201032 ACS Outlet Store (WatMart) 201034 Tony Stanley Monday, January 03, 2011 Page 2 of 3 -183- 5/12/2010 Approved 8/11/2010 Approved 3/10/2010 Approved 6/9/2010 Approved 3/24/2010 Approved 4/23/2010 Approved 6115/2010 Approved 6/23/2010 Approved 8/5/2010 Approved 8/4/2010 Approved 8/2/2010 Approved TPPE OF PERMIT Resolution TIPE Fret 'nary Plat Rezone TSHDeveloprnent Variance 201001 Sprucewood Gen SD No. 10 201004 SunSet Rim SD #2 201009 Jackson Subdivision 201014 Redoubt Terrace SD Stockdale Replat 201017 Wild Rose 80 TAY Add. 201018 Karen Subdivision Moore Addition No. 2 201031 Inlet Woods SD 2010 Replat 201033 Ross Street Subdivision 201039 Central Heights SD Adamson Replat 201045 Luebke SD Brown Addn, 201021 General Commercial to Limited Commercial 201026 RR -1H 201036 IH C 201022 Russian Orthodox Church 201008 Principe! Structure 201015 Side Yard Setback 201028 Front/Side Yard Setbacks 201040 4' Side Yard Setback Monday, January 03, 2011 Page 3 0 -184- MEETING DATE ACTION 1/13/2010 Approved 4/14/2010 Approved 4/28/2010 Approved 5/26/2010 Approved 6/9/2010 Approved 6/9/2010 Approved 8111/2010 Approved 8 111/2010 Approved 9/22/2010 Approved 11/10/2010 Approved 7/28/2010 Approved 8/1112010 Approved 9/8/2010 Withdrawn 6/23/2010 Approved 4/28/2010 Withdrawn 6/9/2010 Approved 8/11/2010 Approved 10/13/2010 Approved CW 0 o maystx r 00000000 MOWNINrr -185- Building Maintenance Building Repairs 2010 Building IA.F.S.S. 1 Summary for 'Building' A.F,S,S. (11 detail records) Sum .Airport Operations Facility I Summary for 'Building' Airport Operations Facility (18 detail records} Sum Airport Terminal J Summary for 'Building' is Airport Terminal (24 detail records) Sum iAnimxl Control Shelter Summary for 'Building Animal Control Shelter (20 detail records) Sum LAR1 F (Prism) Summary for Building' ARFF (Prism) (22 detail records} Sum I Buildings/Wann Storage 11 Summary for 'Building' Buildings /Warm Storage 1 (19 detail records} Sum 'City Flab Summary for 'Building' City Hall (24 detail records} Sum r Congregate Housing Summary for 'Building' Congregate Housing (5 detail records) Sum Crew Building set Summary for 'Building' Crew Building (8 detail records) Sum Fine Arts Center (Other Sum J Summary for 'Building' Fine Arts Center (9 detail records) Sum Library Summary for 'Building Library (23 detail records) Sum Facility Summary for `Building' Multipurpose Facility (20 detail records( Summary for 'Building' Other (3 detail records) Sum Tuesday, January 04,2011 -186- Sum Of Number of Sum Of Number of Service Calls Hours Expended 19 31 52 82 290 418 54 78 67 106 51 64 173 226 6 7 10 14 18 23 104 132 61 97 13 17 Page 1 of 2 Building Parks Rec Summary for 'Building' Parks Rec {19 detail records) Sum Grand Total -187- Sum Of Number of Sum Of Number of Service Calls Hours Expended 72 126 'Public Safety Summary for 'Building' Public Safety (24 detail records) Sum 197 298 'Rec Center (B &GC) Summary for 'Building' Rec Center (B &GC) (24 detail records) Sum 244 395 r Scnior Center Summary for 'Building' Senior Center (24 detail records) Sum 198 290 ;Shop Summary for 'Building' Shop (11 detail records) Sum 20 34 l Visitor Center Summary for 'Building' Visitor Center (24 detail records) Sum 173 225 in Storage 2 Summary for 'Building' Warm Storage 2 (14 detail records) Sum 18 26 1840 2709 Tuesday, January 04, 2011 Page 2 of 2 KENAI RIVER Special Management Area "Working together...for the river" CALL TO ORDER A. Roll Gall; B. Minutes Approval C. Agenda Changes and Approval D. Installation of new board members II. Public Comments /Presentations 111. REPORTS A. Agency and Government Reports a. State Parks— Sinclair, Russell b. DEC- Stevens c. ADF &G- Vania/ Begich d. USF &WS- Schmidt/Loranger e. USFS /Chugach- Travis Mosel)/ f. City of Kenai- Koch /Lyons g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Carey B. Committee Reports a. President's Report b. Guide Advisory c. Habitat d, River Use e. Permits f. Legislative /Government Activities g. Board Development h. Agenda/Board Structure /Housekeeping IV. OLD BUSINESS V. NEW BUSINESS A. Election of Officers VI. CORRESPONDENCE A. Resolution regarding Bing's Landing Concept VII. PUBLIC COMMENT Kenai River Special Management Area Advisory Board Meeting Agenda*** Thursday, January 13, 2011 5:30 p.m. Gilman River Center VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting February 10, 2011 at 5:30 p.m. ER Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907- 262 -5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907 262 -4441 Gilman River Center 514 Funny River Road, Soldotna, AK 99669, 907.260 -4882 Alaska Ditisien of Parks and Outdoor Recreation, Depertment cev'etural Resources, in cooperation with the Kenai Peninsula Borough ECEITVED JAN 7 2011 KENAI CITY CLERK Call to Order Kenai River Special Management Area Advisory Board Meeting Minutes Gilman River Center Thursday, December 9, 2010, 2010 5:30 p.m. A. Members Present: Jack Sinclair, Terri Carter, Andy Loranger, David Carey, Rick Wood, Kevin Lyon, George Heim, Bruce King, Teri Carter, Joe Connors, James Czarnezki, Carol Padgett, and Travis Mosley. B. The Minutes for November 11, 2010 were approved as written, with one modification: Dave Carey presided over the meeting; Joe Connors and James Czarnezki were not present. C. Agenda Changes and Approval: No items were added. 11. Public Comments /Presentations Ill. Reports A. Agency and Government Reports a. State Parks Jack Sinclair reported that the final draft of the River Use Study and the supplements can be downloaded from the intemet or are available on disk at the River Center. As of December 15, 2010 James King will no longer be the director of State Parks. No new appointments have been completed. We recently had our first guide academy class this fall, it was in October and the next one starts December 15, 2010. Joe Connors commented that over 500 guides have gone through the guide academy and there are around 58 guides that still need to take it, Jack is currently working with State Troopers and the Kenai Peninsula Borough to provide 24 -hour dispatch services to Alaska State Park rangers. b. DEC -Tim Stevens, nothing to discuss. c. ADF &G- Venial Begioh, was not present. d. USF&WS Andy Loranger- at the October meeting Bobbie Jo talked about a collaborative public process that Forest Service, US Fish and Wildlife Service and agencies on the Russian River Interagency Coordination Group are going into relative to addressing human bear interactions and managing them at the Russian River, Kenai River confluence. Since that time there has been a meeting of the Russian River Interagency Group and pretty much planning the planning process is what we accomplished. There is a consultant that is on board, her name is Jan Caufield and she is in the process of contacting the key stakeholders that have been identified. If anyone is interested in being advised about what is going on in terms of that process and how it is going to move forward, please let them know. This should get started sometime next spring, our goal is over a 4.6 month period get as much input as possible and start bringing that together in terms of an action plan. Refuge opened to snowmachining on December 1 2010. Our new deputy manager, Steve Miller just arrived and his family will be here just before Christmas. e. USFS /Chugach Travis Mosley Bobbie Jo had a baby boy. Travis will be filling in for Bobbie Jo. At present, Travis is in the Anchorage Office as the Acting Deputy Forest Supervisor and that will probably be through February. We have a new Forest Supervisor by the name of Terri Marceron, she was a Forest Supervisor on the Lake Tahoe Basin. Someof snowmachining in the Seward District is still closed due to lack of snow on the tower elevation trails. r. City of Kenai Kevin Lyon- Dip net report is going to be getting its first public look at with the harbor commission on Monday and city council on December 15, 2010. The North Beach fishery improvements for the outhouses for the dip net fishery, we had a bid that was opened up and will be awarded on December 15, 2010 as well. Kenai River Special Management Area Advisory Board Minutes December 9, 2010 Page 1 of 3 -189- B. Committee Reports a. President's Report, Concerned about the lack of appointments: asked the board whether or not it would be appropriate to have the present sitting board stay on until appointments are made. Dave Carey affirmed that having board members stay on the board until the new members are selected would be the logical 'decision since. standing !members from the agencies and municipalities serve until relieved. IV. Old Business V. New Business g. City of Soldotna Rick Wood DEC is in the process of issuing us a new discharge permit for the wastewater treatment plant and it will be up for public review starting December 10 through 23 2010. h. Kenai Peninsula Borough David Carey, has a working group looking at 21.18 habitat protection. This year as we move fonward.to the next phase, we are also going to look at 21.24, which is enforcement. We are very well aware that there is no purpose in putting in standards If they are not going to be actively enforced. In the 14 years since it was last looked at, there are some defects in the enforcement code. We greatly appreciate the work with KRSMA in helping with the 21.18 changes last year and certainly we hope to be able to again use the committees as well as the board itself as a vehicle to educate the public and take questions and comments. We are looking particularly at what we are probably going to call special use districts. Our hope is to start with the very proactive work of the City of Soldotna. Probably combining with them a number of things, they have very good standards, it's more of a matter us getting in line with them. We very much appreciate the work of the KRSMA board. Joe Connors received consensus from the members that this would be the board's rationale for keeping all present members in their seats until new appointments are made by the Commissioner. Joe Connors stated that board officer elections will still take place in January 2011 as per the board's bylaws. b. Guide Advisory, did not meet. Received many applications for guide advisory committee. Would like to bring applications to the 4 members of the KRSMA board who have been attending the guide advisory committee and make a decision on new members. c. Habitat, did not meet. d. River Use, did not meet. e. Permits, did not meet. f. Legislative /Government Activities, Dave Carey stated most work will be done via email and does not foresee calling people in for committee meeting; if you have something to work on please let Dave know. An interesting thing going on now is the Kasilof Spada! Use Area in that there has been a great deal of discussion in comparing it with Kenai River Special Management Area and there has been some very significant misinformation of people thinking that the special use area is a plan to form a state park. Would hope very much that we would be advocating on a larger budget for those concerns related to KRSMA. g. Board Development, nothing to report. No appointments have been made h. Agenda /Board Structure/Housekeeping did not meet. Plan to have separate nominations and votes for both the president and vice president. A. Letter to KPB Assembly regarding 21.18 continuations, Jim requested that this goes to the borough planning commission. It was agreed upon and the letter will be sent. B. Resolution supporting the Bing's Landing Angler Access Parking. Kenai River Special Management Area Advisory Board Minutes December 9, 2010 Page 2 of 3 -190- The resolution will be sent to the Borough Administration. This will not go to the Assembly. Jack read the proposed resolution supporting the Bing's LandingBackiine facility. Dave Carey said lets go on record as approving the concept and then work on the wording of the resolution. Dave made the motion and George Heim seconded, It was passed unanimously. Dave made a motion to write a letter to James King thanking him for his service to State Parks and the KRSMA board. Vote was unanimous. VI. Correspondence None VII. Public Comment Nikki Pareira asked that when you are talking about the resolution for Bing's Landing and you are drafting that, that you consider adding the public safety aspect of it. One of the biggest problems we are experiencing is the dogging of our streets that will not allow fire access and emergency access down to our properties. Vitt: Adjournment A. Board Comments Joe Connors thanked Ted Wellman for his work and commitment tor the past 15 years. Jack Sinclair also gave him a plaque, thanking him for his services to the KRSMA board. George Heim stated that Cooper Landing now has ski trails around the Russian River Campground. Pam Russell asked for more communication when it comes to committee and board meeting fime and agendas. B. Date /Agenda of Next Meeting January 13, 2011 at 5:30 p.m. Kenai River Special Management Area Advisory Board Minutes —December 9, 2010 Page 3 of 3 -191- OPA Signature Page other o Alternate and Manager n Charge's signature Alaska Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System. In order to carnplete- your___.__ permit application, you must send this signed form to the following address: RibC rVED Attn: Tax Division, Alaska Department of Revenue PO Box 110420 Juneau, AK 99811 -0420 Fax: 907 -465 -3098 Please Note: The Primary and Alternate Members in Charge must legibly print theft names and sign and date the signature page. An Officer who is not a Primary or Alternate Member must legibly print his or her name and sign and date the signature page. If your organization is applying for self- directed bingo and /or pull -tab permit(s), the Manager of Games must also legibly print his or her name and sign and date the signature page. Your perrnit application wili not be processed until a completed Signature Page has been received by the Department. Year 2011 Gaming Permit /License 528 Permittee Name Fraternal Order Of Eagles Aerie 3525 EIN /ATIN 920045010 Application Number 7482 Electronically Paid Amount $100.00 Payment Receipt 10363000131 We declare, under penalty of unswom falsification, that we have examined this application, including any attachments, and that, to the best of our knowledge and belief, it is true and complete, We understand that any false statement made on the application or any attachments is punishable by law. By our signatures below, we, the primary member, the alternate member, and if applicable, the manager of games, agree to allow the Department of Revenue to review any criminal history we may have, in accordance with 15 AAC 160.934. 7 cers signature (see instructions) t P -192- .I ,...1_. _L A fc ,/ALLsc.-e_ 79-2-10 n t e d Signature 1 Printed Signature f l-e /l al ?k's/ y K fr...ek t Page t of 3 Printed Signature Date Date JAN 12 20V1 12/29/2010 OPA Signature Page Page 2 of 3 Organization Information Year Permit requested for Federal EIN or Alaska Tax Identtfication Number Name of Organization or Municipality Mailing Address One 5765 Spur Hwy City, State Zip 4 Kenai, AK 99611 Telephone Number (All numbers include area (907) 283 -4935 code) Fax Number (All numbers include area code) (907) 283 -4904 Organization Website Address (If available) Type of Organization Organized As Specify the organization type How will activities be conducted? Does the organization have 25 or more members who are Alaska residents as defined in your articles of incorporation or bylaws? Have the organization's articles of incorporation changed? Have the organization's bylaws changed? Estimated gross receipts for year prior to application year: Game Types Facility or Location Specific Unrestricted Area Based Unrestricted Self Directed Facility or Location- specific Game Type(s) Facility or Location Name Address City, State, Zip Ownership Area -based Information Area Game Type(s) Vendor Information Operator Information Multiple- beneficiary Permittee (MBP) Members in Charge Manager of Games -193- 2011 920045010 Fraternal Order Of Eagles Aerie 3525 Fraternal Corporation Self- Directed by the Organization Yes No No $100,001 or more Pull-Tabs Raffles 7406 Pull -Tabs, Raffles FOE 3525 Kenai 5765 Kenai Spur Highway Kenai, AK 99611 8340 Owned Kenai Raffles 17129/2010 OPA Signature Page Page 3 of 3 What position does this person serve? First name Middle Initial Last Name Address City, State, Zip Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken What position does this person serve? First name Middle Initial Last Name Address City, State, Zip Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test wa taken Legal Information Persons convicted of a felony, extortion, or a violation of a law None Persons with a prohibited conflict of interest None Attachments -194- Alternate and Manager Kelly J Bookey 115 Walker Ln Kenai, AK 99611 7406 (907) 283-4433 kfj ©acsalaska.net Yes Primary Member in Charge Brett J Holt 5210 Mink Ct Kenai, AK 99611 (907) 283 -3239 Yes Net Proceeds Dedication, Details Scholarships, school activities, local charities, veteran's organizations, and many others Title (Type Description 1 )7747010 KENA1, ALASKA v MEMO: g V ��ale with a Past, City with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 illl II 1992 TO: City Council FROM: Rick Koch DATE: January 18, 2011 SUBJECT: Council Resolution in Support of Escopeta Oil Project to Bring a Jack -Up Drill Rig to Cook Inlet The purpose of this correspondence is to submit for your consideration and discussion a resolution supporting Escopeta Oil's proposed project to bring a Jack -Up Drilling Rig to Cook Inlet. The request for a resolution was made via an e -mail to the Municipality of Anchorage, Kenai Peninsula Borough, City of Wasilla, City of Kenai, and other municipal governments, by Mr. Bruce Webb. Mr. Webb was not identified as an employee of Escopeta Oil, but is the Office Manager for Petro Services, Inc. located in Harrington, Delaware. I have not been directly contacted by Mr. Webb or representatives of Escopeta Oil regarding this request. Attached is a draft resolution that is very general in nature. It states the City of Kenai's support for the transport of a Jack -Up Rig to Cook Inlet. I have intentionally not included any language that addresses a waiver to Jones Act provisions. This is a complicated issue and one that will be addressed by the appropriate authority. If the Council desires to move forward with the attached resolution, or something similar, it would reiterate past Council action for a competing project. the c,t of KE AL ALASKA CITY OF KENAI RESOLUTION NO. 2011 -XX Suggested by: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING A PROPOSED PROJECT BY ESCOPETA OIL TO UTILIZE A JACK -UP DRILL RIG FOR NATURAL GAS AND OIL EXPLORATION IN COOK INLET. WHEREAS, the producing fields in the Cook Inlet basin are mature and production of oil and gas is decreasing; and, WHEREAS, present demand for natural gas during winter months will soon exceed the production in the Cook Inlet basin; and, WHEREAS, increased exploration for oil and gas is necessary to meet the growing demand in South Central Alaska; and, WHEREAS, SB 309 was enacted and signed into law on July 7, 2010, and that legislation authorized credits for drilling from a Jack -Up Platform in the Cook Inlet; and, WHEREAS, Escopeta Oil, and possibly other companies, are preparing to acquire and /or lease a Jack -Up Drill Rig to bring to the Cook Inlet; and, WHEREAS, Escopeta Oil has proposed a schedule which would result in a Jack -Up Rig being transported to Cook Inlet is 2011; and, WHEREAS, increased exploration in the Cook Inlet basin is beneficial to the citizens of the City of Kenai and the Kenai Peninsula. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE CITY OF KENAI SUPPORTS THE PROPOSED PROJECT BY ESCOPETA OIL TO UTILIZE A JACK -UP DRILL RIG FOR NATURAL GAS AND OIL EXPLORATION IN COOK INLET. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this th day of 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Petro Service Inc Business Information. Harrington DE 19952 -0177 Page 1 of 3 Harrington DE Yellow Pages BB14. v' Harrington Delaware Harrington, Delaware Jobs Petro Service Inc Truck Equipment Parts Wholesale in Delaware' Harrington DE 19952 -0177 Petro Service Inc 17399 5 Dupont Hwy Harrington, DE 19952 -2461 Telephone: 302-398-3260 Web Site: Contact: Bruce Webb Male Petro Service Inc Business Information Search Petro Service Inc is categorized under Truck Equipment Parts Wholesale (SIC: 501302) and is located in Harrington, DE. Harrington is a city in Kent County. The physical size of Petro Service Inc's business in Harrington is in the following range: 2,500 9,999 SqFt. They also utilize about 0 1 PCs. http: //bb 10. co Yellow Pages /Harrington/Kent County/Petro- Service Inc /3023... 1/18/2011 Petro Service Inc Business Information. Harrington DE 19952 -0177 Physical Address: 17399 5 Dupont Hwy City: Harrington State: DE Zip Code: 19952 -2461 Carrier Route: R005 Telephone: 302 Fax: Web Site: Alt Address: PO Box 177 Alt City: Harrington Alt County: Kent Alt State: DE Alt Zip Code: 19952 -0177 Alt Carrier Route: B002 Contact: Bruce Webb Male Business Information (estimates only) Employees: 2 Employee Range: 1 to 4 Number of Computers: 0 1 PCs Credit Alpha Score: Contact Us Credit Numeric Score: Contact Us SIC Code: 501302 Business Description: Truck Equipment Parts Wholesale Square Footage: Between 2,500 9,999 SciFt Business Area: Dover, DE Listing Id: DE69843 Copyright bbl0.com 2010 All Rights Reserved. Se nnnrt R, I Petal Page 2 of 3 http: //bb 10.com/Delaware- Yellow Pages /Harrington/Kent- County/Petro- Service Inc /3023... 1/18/201.1. Governor Parnell, all Representatives Senators, Mayors and Alaska Lawmakers State of Alaska Re: Jones Act Wavier to move Escopeta's Spartan 151 Rig from Gulf of Mexico, to Cook Inlet Alaska Dear All, I wanted to write to all of you together and keep you informed of Escopeta's timeline to transport its Jack -Up Rig to the Cook Inlet as planned. The 151 is presently in port in Galveston, Texas, at the Gulf Copper Dock to began winterization. This work scope should take from 45 to 50 days with the jack-up being loaded out in late February or early March to head to Cook Inlet. The biggest obstacle we now face is the ratification of our existing Jones -Aet Waiver or the issuanace of another waiver. I am copying to each of you, correspondence Escopeta has had with Homeland Security and U.S. Customs and Border Protection, as well as letters of support .for the waiver. I do not think I need to expound on how important it is for all of us to get our jack -up to Alaska. The future of additional large supplies of natural gas for Anchorage and the nnilitary bases, as well as job creations, only become real when the jack-up arrives and drills. We are on our way, but Kneed your help and support with Washington, D.C. to achieve this goal. Please write to the address below your letter of support: Mr. Glen E. Verb Director, Board Security and Trade Compliance Office of International Trade, Regulations and Filings U.S. Customs and Border Protection Washington, D.C. 20229 January 17, 2011 oil Olt Gas Development Mr. Richmond Beevers Regulations and Rulings U. 5. Customs and Immigration Mint Annex 799 9th Street NM Washington, D.C. 20229 Please send your letters as soon as possible, this is a very serious matter, time is of importance to us all. on, eca "s r77 21 Mr. Danny S. Davis Chief Executive Officer Escopeta Oil Gas Development 5005 Riverway Suite 440 Houston, TX 77056 Dear Mr. Davis: Sincerely, 9i F V Yom' Glen E. Vereb Director, Border Security and Trade Compliance Division Office of International Trade, Regulations Rulings U.S. Customs and Border Protection NOV 2010 U.S. Department of Homeland Security Washington, DC 20229 US. Customs and Border Protection This is in response to your e -mail correspondence of November 8, 2010, attaching your letter of November 5, 2010, in which you provide "advice and notice" to U.S. Customs and Border Protection (CBP) of your intent to transport the Spartan 151 drilling rig from the Gulf of Mexico for delivery to Cook Inlet, Alaska in the Spring of 2011 aboard the non- coastwise- qualified vessel, TAI AN KOU. You further state in your letter that you seek no ratification from CBP based on your assertion that the waiver to the Jones Act, 46 U.S.C. 55102, granted to your company in 2006, remains in full force and effect. We hereby notify you that, inasmuch as Jones Act waivers address specific vessels undertaking specific voyages, they are neither open -ended nor transferable. Regardless of whether the voyage contemplated in your 2006 waiver took place or not, it would not be applicable to the present situation and your request must be processed as a new request for waiver, under procedures established through CBP. To date, your request for a waiver is still pending at the Department of Homeland Security and has yet to be either granted or denied. A waiver to the Jones Act for your contemplated voyage is therefore not in effect at this time. Accordingly, please be advised that the waiver issued in 2006 is inapplicable to the voyage now under consideration and will provide no protection from Jones Act penalties assessed by CBP in the event that you elect to proceed absent the granting of a new waiver by the Secretary of Homeland Security. November 5, 2010 Mr. Richmond Beevers Regulation and Rulings U.S. Customs and Immigration Mint Annex, 799 9`'` Street N.W. Washington, D.C. 20229 O11 Gas Developmenl .Re: Formal Notice of Movement of Jack -up -Rig (Spartan 151) to Alaska Using the Vessel TAI AN ICOU Pursuant to Jones Act Waiver Granted to Escopeta Oil Company LLC by homeland Security in June 2006 Dear Mr. Beevers, Escopeta Oil Company LLC hereby advises that the vessel, TAI AN KOU, approved to transport the captioned jack -up rig to Alaska pursuant to the existing, valid Jones Act Waiver granted to Escopeta Oil Company LLC by Homeland Security in June of 2006, will transport the Spartan 151 from the Gulf of Mexico for delivery to Cook Inlet, Alaska in t the Spring of 2011. This advice and notice seeks no ratification from US Customs based on the fact that the Waiver granted in 2006 is in still in full force and effect. The Waiver is still in effect and valid. It has never been cancelled, or revoked. Further, the specific circumstances regarding the use of this vessel (the SAME vessel) and movement of the rig have not changed, nor have the route, departure, and destination information. There is no American vessel capable of moving the rig, which was true in 2006 and still true today. Be advised that the jack-up-rig, the Spartan 151, is an American manufactured rig that will be manned and operated by resident Alaskan workers thus creating many new, direct jobs within the area plus creating the normal, beneficial economic ripple effect of numerous support businesses and personnel utilized throughout the Anchorage and greater southwest Alaska area, Alaska's need and demand for natural gas have both increased and have now become critical. Severe brown outs occurred last year. Also, for the second season, Anchorage area consumers have been requested to participate in energy conservation drills to prepare for anticipated gas production short falls. As you are aware, Escopeta's drilling program is estimated to produce 4 Trillion cubic feet (TC') of natural gas over the ensuing years, plus in excess of 400 Million barrels of oil (MMBO). This will diminish if not eliminate the critical energy needs so necessary and 77 November 5, 2010 Mr. Richmond I3eevers Page 2 economidally important to consumers and the concomitant industrial and commercial growth throughout the region. Further it will serve to alleviate national security concerns facing both Elmendorf Air Force Base and Fort Richardson. New facilities and programs at the bases, well known to DHF, make the need for reliable and abundant gas supplies from Coolc Inlet all the more urgent. Lastly, Escopeta's efforts will serve to keep natural gas prices relatively low in the Anchorage area, though pricesthere are currently three times that of prices in the continental United States. Please acknowledge receipt of this notification. Thank you for your attention to this matter. Sincerely, Dainty f Davis, CEO Cc: The Honorable Janet Napolitano Secretary Department of FIomeland Security Washington, DC 20528 DEPARTMENT OF NATURAL RESOURCES November 23, 2010 Mr. Richmond Beevers Regulations and Rulings U.S. Customs and Immigration Mint Annex, 799 9th Street NW Washington, D.C. 20229 Dear Mr. Beavers: It is my understanding that Escopeta Oil Company, LLC (Escopeta) is seeking a Jones Act waiver to use a foreign heavy -lift vessel to bring ajack -up drilling rig from the Gulf of Mexico to the Cook Inlet, Alaska. Escopeta is a small independent oil company who is attempting to explore for natural gas and oil in state waters in the Cook Inlet basin. Because so much of the population of Alaska lives in or near this area, new oil and gas resources are vital to our economy and livelihood. Escopeta has evidently identified a foreign vessel capable of carrying ajack -up drilling rig. A Jones Act waiver is warranted because there are no American flagged heavy -lift vessels available and capable to do the job. Please consider Escopeta's request and grant the Jones Act waiver. If you have any questions or need more information about oil and gas exploration and development here in Alaska, please feel free to call me at 907 269 -8781. Thank you. Sincerely, Kevin Banks Director, Division of 011 and Gas DIVISION OF OIL GAS cc: John Katz, Director, State Federal Relations Thomas Irwin, Commissioner, Department of Natural Resources Danny'Davis, Escopeta.0il Company, LLC. r SEAN PARNELL, GOVERNOR 550 WEST 7 AVENUE, SUITE 1100 ANCHORAGE, ALASKA 99501 PHONE: (907) 2698800 FAX: (907) 269 -9938 "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." DON YOUNG CONGRESSMAN FOR ALL ALASEA WASHINGTON OFFICE 2111 RAY8URN BUILDING TELEPHONE 202- 225 -5765 Vtsrt OuR WEBSRE. HTTP: /IOONVONNO,HOUSE.00v Dear Madame Secretary: DYljp Enc. (nnnTress of tJTE O iIT1Titehp fates lie pr a 7 wntedifies C" shin4}tmL g 20515 November 2, 2010 The Honorable Janet Napolitano Secretary Department of Homeland Security Washington, DC 20528 Thank you for your service to this nation. At this time, I bring your attention to an important issue that affects the energy needs of Alaska and respectfully request your response to an attached letter from Escopeta Oil Company, LLC Escopeta). Natural gas supplies in Alaska are dwindling and if new reserves are not found, Alaskans may be forced to import additional supplies to meet our energy needs. Escopeta is attempting to transport a jack -up rig from the Gulf of Mexico to Cook Inlet, AK to explore for new natural gas reserves. The rig is expected to be loaded in a few months time for drilling in spring 2011. Please confirm that the Jones Act waiver granted by the previous Administration is still in good standing as there is no American flagged heavy -lift vessel available to transport a jack -up rig of this size to Alaska. Thank you for considering my request. Sincerely, DON Y Congre ssmanFfor all Alaska 510 1. STREET 101 12MI AVENUE 612 W. WILLONONBV AVENUE, &IAMB 806 FRONTAGE Ron: Sure 500 Box 10 P.O. Box 21247 SUITE 110 ANCHORAGE, AASKA 99501 FAIRBANKS. ALASKA 99701 JUNEAU, ALASKA 99802 KENAI, PLASKA 90611 907 2715078 907456 -0210 907 -080-7400 907.203.7701 COMMITTEE ON RESOURCES COMMITTEE ON TRANSPORTATION REPUBLICAN POLICY COMMITTEE OAL.L TOI.L'FEE 1.866 -990 -5979 September I, 2010 Janet Napolitano Secretary, XIS Department ofHomeland Security Washington D.C. 20528 OII Go, Development Re: Request' for Ratification of Previous Waiver of Jones Act to Move Jack -Up Rig to Alaska Dear Ms. Napolitano, This letter is to request a ratification and reconfirmation of the Jones Act waiver granted to Escopeta Oil Company LhC in June of 2006 by then Secretary Michael Chertoff to transport a jack-up rig from The Gulf of Mexico to Cook Inlet, Alaska utilizing a foreign vessel. A copy of the 2006 waiver letter is attached hereto as well as Escopeta's reply letters dated July 12, 2006 and November 10, 2008, which contain pertinent information. Escopeta has recently executed contracts to move the Spartan 151 jack-up rig to Alaska utilizing the offshore heavy lifting vessel MV Eagle or, as a back -up, the Falcon, both Norwegian flagged vessels belonging to Offshore Heavy Transport. There are no American flagged heavy lifting vessels in the world capable of moving the rig. These contracts are of course contingent upon obtaining Homeland Security's approval /ratification of its previous waiver of the Jones Act. The total value of these contracts is in excess of $250,000,000. The rig is scheduled to be loaded by February/lvlarch 2011 in time for drilling to commence in the Cook Inlet in the Spring, thus time is of the essence. As you may know, Alaska is anticipating brown outs in its major cities to include Fort Richardson, Elmenilorf Air Force Base, and Anchorage due to a shortage of natural gas, which Escopeta will remedy with its drilling activities at Cook Inlet. The previous delay in moving a jack -up rig to Alaska involved the failure of the company previously engaged to get its jack -up rig rebuilt to Alaska standards and ready to move. Hi any event, Escopeta now stands ready to go, subject to Homeland's ratification of its previous waiver. GVe respectfully request your ratification as soon as possible and certainly within thirty days so we can keep our schedule, our contracts hi force, move the rig on time, and find the much needed supply of natural gas for the citizens of Anchorage. rti Janet Napolitano Secretary, US Department o September 1, 2010 Page 2 homeland Security If you or any of your staff need additional information please advise and we will provide immediately. Sincerely, y S. Davis, CEO Jeanne M. Grasso, Esq. Blank Rome LLP 600 New Hampshire Avenue, NW Washington, D.C, 20037 Dear Ms. Grasso: June 27, 2006 Scrn•lurp ll,ti, napivm,eat of 1lnnwlond tin•uelty \Ya:hindom, DC 211525 Homeland Security Thank you for your May 19, 2006 letter wherein you requested, on behalf of Escopeta Oil Company, LLC "Escopeta a waiver of the Jones Act so that the TAI AN KOU, a foreign owned and foreign -flag vessel, may be used to transport a jack -up drilling rig (the "Tellus rig to Cook Inlet, Alaska, from port Arthur, Texas, We requested the views of the Department of Defense, the Department of Energy, and the Maritime Administration with respect to your waiver request. Having carefully considered your request in light of the factual circumstances that have been presented, along with the views of these concerned Government entities, none of which have objected, and Congresspersons, we find that such a waiver is in the interest of national defense. Therefore, your request for a waiver of the Jones Act, as described below, is granted, In your correspondence, you described cenain pertinent facts, including: Due to the declining oil and gas production and supplies in Cook Inlet, there is a need for one-time movement of the Tellus rig from port Arthur to Cook Inlet to facilitate the exploration and production of natural gas; Fort Richardson and Elmendorf Air Force Base rely on Cook Inlet natural gas for power generation and heating; Only ly Africa, heavy -lift semi submersible be essels are currently active world-wide en 1 e and that all of these vessels are foreign -owned and foreign !tagged; By using theTealus rig, Escopeta will try to address the anticipated energy shortage through exploration in several projects in the Cook Inlet area; The movement of the Tellus rig is scheduled to begin in mid -July 2006 and to be completed in September 2006; and Senators Stevens and Murkowski and Congressman Young expressed support of the above facts in letters sent to the Secretary of Defense, copies of which we have received. Title 46, United States Code (U.S.C.) Appendix, section 883 (46 U.S.C. App. 883) provides in part that no merchandise shall be transported between points in the United States embraced within the coastwise laws, either directly or via a foreign port, or for any part of the www.dlix.gov Page 2 transportation, in any vessel other than a vessel built in. documented under the laws of, and owned by citizens of the United States. The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline. The navigation laws administered by U.S. Customs and Border Protection (including 46 U.S.C, App. 883) can only be waived under the authority provided by the Act of December 27, 1950 (Pub, L. 81 -891, 64 Stat. 1120; note preceding 46 U.S.C. App. 1). This statute provides that "[tjhe head of each department or agency responsible for the administration of the navigation and vessel inspection laws is directed to waive compliance with such laws upon the request of the Secretary of Defense land) [ljhe head of such department or agency is authorized to waive compliance with such laws either upon his own initiative or upon the written recommendation of the head of any government agency, whenever he deems that such action is in the interest of national defense." Thank you for your interest in the Department of Homeland Security, /Michael Cherloff cc: Michael Hokana, faritime Administration Alice Lippert, Department of Energy Adam Yearwood, Department of Defense NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JANUARY 19, 2011 1. Resolution No. 2011 -05 Supporting the Kenaitze Indian Tribe's Dena'ina Health and Wellness Clinic. 2. Resolution No. 2011 -06 Approving a Collections Policy for Delinquent Ambulance Bills Owed to the City. 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. eas, City Posted: January 24, 2011 NOTICE OF PUBLIC HEARING JANUARY 19, 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. Resolution No. 2011 -05 Supporting the Kenaitze Indian Tribe's Denaina Health and Wellness Clinic. 2. Resolution No. 2011 -06 Approving a Collections Policy for Delinquent Ambulance Bills Owed to the City. 3. OBJECTION TO CONTINUANCE OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (License No. 3209) L &M Ventures, Inc., d /b /a Little Ski Mo Drive Inn (License No. 1774) 4. *Liquor License Renewal BPO Elks Lodge #2425 (License No. 368) 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: January,14, 2011 AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http7 /www.ci. kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Frank Arbelovsky Senior Connection /Meals on Wheels ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Resolution No. 2011 -05 Supporting the Kenaitze Indian Tribe's Dena'ina Health and Wellness Clinic. 2. Resolution No. 2011 -06 Approving a Collections Policy for Delinquent Ambulance Bills Owed to the City. 3. OBJECTION TO CONTINUANCE OF LIQUOR LICENSE Alaskalanes, Inc, d /b /a Alaskalanes Bowling Center (License No. 3209) L &M Ventures, Inc., d/b/a Little Ski Mo Drive inn (License No. 1774) 4. *Liquor License Renewal BPO Elks Lodge #2425 (License No. 368) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2527 -2011 amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. 4. *Ordinance No. 2528 -2011 Amending the Kenai Municipal Code to Make Comprehensive Changes to All Rates, Charges, and Fees Imposed by the City in Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes', 5, Business and Occupations; 11, Harbor and Harbor Facilities; 14, Planning and Zoning; 15, Private Property, 18, Streets and Sidewalks; 20, Transportation; 21, City Airport and Airport Lands; and 22, General Fund Lands, and to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance, and Making Technical Changes and Corrections. 5. *Ordinance No. 2529 -2011 Amending Chapter 7.30 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund," to Rename the Chapter as "Land Sales Permanent Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City- Owned, Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections. 6. *Ordinance No. 2530 -2011 Increasing Estimated Revenues and Appropriations by $31,819 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 7 *Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. EXECUTIVE SESSION Concerning a matter that could prejudice the reputation and character of another: City Manager Contract (at the Manager's request). 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 PUBLISHER'S A UNITED STATES OF AMERICA, 1 STATE OF ALASKA sse Denise Reece X this 17th day of January NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: January 17, 2011 SUBSCRIBED AND SWORN to me before 2011 r AGENDA KENAI CITY COUNCIL REGULAR 1 JANUARY 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http /lwww.ci.kenai ak us ITEMS: SCHEDULED PUBLIC COMMENTS (Publ limited to 10 minutes per speaker) 1. Frank Arbelovsky Senior Connection/Meals on Wheels ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 mmu per speaker. Persons may give their time over to another speaker present however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Resolution No 2911-06 Supporting the Kenaitze Indian Tribe Dena'ina Health and. Wellness Clinic 2 Resolution No 2011-06 Approving a Collections Policy Delinquent Ambulance Bills Owed to the City. 3 OBJECTION TO CONTINUANCE OF LIQUOR LICENSE Alaskalanes, Inc., d/b/a Alaskalanes Bowling Center (Lie 3209) L&M Ventures, Inc., i/b/a Little Ski Mo Drive Inn (License No 4 *Liquor License Renewal BPO Elks Lodge #2425 (License No 368) ITEM F: UNFINISHED. BUSINESS ITEM G: NEW BUSINESS 1 Ratification of Bills 2 Approval of Purchase Orders Exceeding $1$,000 3 *Ordinance No. 2527.2011 amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 1405.015 Entitled "Appointment to Planning and Zoning Commission' Requiring Public Advertisement and Notice of Vacancies on the. Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. 4. *Ordinance No. 2528 -2011 Amending the Kenai Municipal Code to Make 'Comprehensive Changes to All Rates, Charges, and Fees Imposed by the City. in Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes;'. 5, Business and Occupations; 11, Harbor and Harbor. Facilities 14, Planning and Zoning; 15 Private Property 18, Streets and Sidewalks, 20, Transportation; 21, City Airport and Airport Lands;: and 22, General Fund Lands, and. to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance; and Making Technical Changes and Corrections 5 *Ordinance No 2529 2011 Amending Chapter 730 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund; to Rename the Chapter as "Land Sales Permanent. Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City-Owned, Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections. 6 'Ordinance No. 2530.2011 Increasing Estimated Revenues and Appropriations by $31,619 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 7. *Ordinance No 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by 550,000 EXECUTIVE SESSION Concerning a matter that could prejudice the and character of another City Manager Contract (at the Manager's request). 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 iltp://wwvvolkenalak.us. Carol L. Freas, City Clerk 0544/211