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HomeMy WebLinkAbout2011-02-02 Council PacketMAKE 19 PACKETS COUNCIL PACKET DISTRIBUTION 1 Mayor /Council (6) Clerk (2) Library (1) Attorney (1) City Manager (1) Finance (1) Student Rep. Hall Binder (1) Fire (1) Clarion (1) KSRM (1) Mellish (1) Schmidt (1) 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 lbell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. A hj d S II a il 1 IN s E I f, /<IL°— GABRIEL MOLLOY 31A08 PORTER B2i KEY RMAN QUIS II A hj SIN r 4 nh s I f, 1 II ©r— /7CYf 0 GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER MOORE ca a w 0 r Pa cn w 0 co 2 O O w c 0 0 COUNCIL MEETING OF A 9 h I /L_ I I ,t s I OScata I 1.0411, L go -'/©8 GABRIEL BOOKEY SInOdyw MOLLOY alAO8 21B12iOd MOORE H 2 J w CO 0 OQ O -J J 0 2 w J O OJ cc w rx 0 0 w 0 0 2 COUNCIL MEETING OF: 2 J w CO 0 OQ O -J J 0 2 w J O OJ cc w rx 0 0 w 0 0 2 COUNCIL MEETING OF: 0 W 0 0 Q z 3 vao p ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 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 2. 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 25 3. 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 Saks Permanent Fund 33 4. Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000 36 5. Resolution No. 2011 -07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet 38 6. Resolution No. 2011 -08 In Support of Senate Bill 3, "An Act Providing for Funding for School Lunch and Breakfast." 52 7. Resolution No. 2011 -09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges 60 8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Airport May be Increased to Allow for Credit Card Acceptance for Payment of Airport Fees and Charges 63 9. Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council 68 10. Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a. Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment 73 11. Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges 75 12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet 87 13. *2011 -2011 Liquor License Renewals Peninsula Oilers Baseball Club, Inc., d /b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary, License #3032) Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package Store, License No. 4118) ITEM E: MINUTES 1. *Regular Meeting of January 19, 2011 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 125 2. Approval of Purchase Orders Exceeding $15,000 126 3. *Ordinance No. 2532 -2011 Increasing Estimated Revenues and Appropriations by $95,885.00 in the Airport Fund and Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation 127 4. *Ordinance No. 2533 -2011 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund Fire Department 132 5. Ordinance No. 2534 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund by $35,000 for an Environmental Assessment of a Project to Remove Trees Along the Southwest Side of Runway 1L/ 19R that are a Hazard to Aviation 134 6. *Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training 7. *Ordinance No. 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by $26,500, Fire Department by $20,000, Parks Department by $3,500, and Boating Facility Department by $13,000 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities 8. *Ordinance No. 2537 -2011 Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for a. New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections 96 1.09 139 142 144 9. Action Item /Approval Second Amendment to Amended City Manager Employment Contract (Three -Year Extension) 155 10. Discussion /Action Schedule Work Session /Possible Amendments to Commission and Committee Appointments and Public Notification of Vacancies on Commissions and Committees 157 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 160 2. Airport Commission 164 3, Harbor Commission 4. Library Commission 5. Parks Recreation Commission 169 6. Planning Zoning Commission 172 7. Miscellaneous Commissions and Committees a. Beautification Committee 187 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 190 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION None Scheduled. ITEM L. ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 Page No. 1. 2/2/2011 Purchase Orders Between 52,500 and $15,000 for Council Review 193 2. Budget Transfer in Capital Projects in Excess of 5,000 CITY OF KENAI Sponsored by: Administration ORDINANCE NO. 2528 -2011 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 Underlined; [DELETED TEXT BRACKETED; Ordinance No. 2528 -2011 Page 2 of 23 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 (3) Dog license, unsterilized animal (4) Dog license tag, replacement plus duplicate (5) Insertion of microchip (6) Animal boarding. (7) Animal impoundment !THE FEE FOR A KENNEL FACILITY SHALL BE ONE HUNDRED DOLLARS ($100.00).] (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 ($30.00) FOR ALL OTHER DOGS. THE FEE FOR REPLACING A LOST DOG LICENSE TAG WITH A DUPLICATE SHALL BE TWO DOLLARS (82.00).] 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 (870.00); CAT THIRTY DOLLARS ($30.00), PLUS CITATION, SHOTS, LICENSE, AND BOARDING FEES AS REQUIRED New Text. Underlined' )DELETED TEXT BRACKETED 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)1 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)1 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 ($37.00).] 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 impounded 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} [TOTAL VALUATION FEE $1.00 $500.00 $23.50 S501.00 $2.000.00 $23.50 FOR THE FIRST $500.00 PLUS $3.05 FOR EACH ADDITIONAL $1.00.00, OR FRACTION THEREOF, TO AND INCLUDING $2,000.00 $2001.00 $25,000.00 S69.25 FOR THE FIRST 82,000.00 PLUS $14.00 FOR EACH ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING $25,000.00 $25,001.00 S391.25 FOR THE FIRST 825,000.00 PLUS $10.10 FOR EACH $50,000.00 ADDITIONAL $1,000.00, OR FRACTION THEREOF, TO AND INCLUDING 850,000.00 $50,001.00 $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 $500,001.00 $3,233.75 FOR THE FIRST $500,000.00 PLUS $4.75 FOR EACH $1,000,000:00 ADDITIONAL 81,000.00, OR FRACTION THEREOF, TO AND INCLUDING $1,000,000.00 $1,000,001.00 AND UP S5,608.75 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 additional fees as set forth in the fee schedule for additional inspections as may be required by chan.ges. 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. (B) TABLE 1 -A BUILDING PERMIT FEES.] New Text Underlined' (DELETED TEXT BRACKETED] Ordinance No. 2528 -2011 Page 5 of 23 OTHER INSPECTION FEES: 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 MINIMMUM CHARGE: 1 HOUR) $47.00 PER HOUR' 4. FOR USE OF OUTSIDE CONSULTANTS FOR PLAN CHECKING AND INSPECTIONS, OR BOTH ACTUAL COSTS' IOR 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. 2 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, fi.um, 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] 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 8. 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 TEXT BRACKETED] 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 Citv Council [OF FIVE HUNDRED DOLLARS ($500.00) IN CASH]. No application shall request a permit to drill and operate more than one (1) well. The said application shall include full information, including the following: (1) The date of said application; (2) Name of the applicant; (3) Address of the applicant; (4) 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 anv 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 Citv's schedule of fees adopted by the City Council shall OF TEN DOLLARS ($10.00) WILL] be required. Survey costs depend upon the area claimed at a per foot (THE( rate as set forth in the City's schedule of fees [OF $.01516 PER New Text Un.dedined [DELETED TEXT BRACKETED] 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 City'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 1.1..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 City'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; 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 ;DELET TEXT BRACKETED] Ordinance No. 2528 -2011 Page 9 of 23 (8) A performance bond of five percent (5 of the project's estirnated 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 ($100.00). 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 7 4.20.180 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 ERACKETEDI 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 an.d 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)1. (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 permitted 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 [ONE HUNDRED DOLLARS ($100.00)1 nonrefundable fee as set forth in the City's schedule of fees adopted by the City Council in order to help )TO) 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. w Text Underlined• [DELETED TEXT BRACKETED) -10- 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 permit. 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 IONE HUNDRED DOLLARS (3100.00)]. 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[ 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 permanent foundations shall be factory -built additions or shall comply with the building code and shall be attached to permanent foundations. Mobile homes that are not on pei n anent 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 peim.anent 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 he 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 blocldng 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. (6) Skirting. All mobile homes shall be skirted within ninety (90) days of placement in a mobile home park unless an extension is granted. The sldrting 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 he 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 be constructed or maintained of any size or in any 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) -12- 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 mobile 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'). (1 1) 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 14.20.250. (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 ar ias where now prohibited and used for residential purposes or stored outside may have such use New Tcvst Underlined: [DELETED TEXT BRACKETED -13- Ordinance No. 2528 -201 1 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 he ,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; (C) 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; Submission of a petition as provided by the Home Rule Charter of the City of (E) Ken (2) Amendments to the Official Zoning Map shall be considered only if the area to he 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 BR4CKETEDI -14- 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 certified 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. (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 deteturination 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 determination; or (5) a resident of the City of Kenai. (h) 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 deteiniination 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. New Text Underlined: [DELETED TEXT BRACKETEDI -15- Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska 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 [A] filing and records preparation fee as set forth in the Citv'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 board 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 1.4.20.290(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 1.4.20.290(a). (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustrnent. New Text Underlined. DELETED TEXT BRACKETED) -16- Ordinance No. 2528 -201 1 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. (i) 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 he 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 parties 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 deteunination, 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 IIndelined (DELETED TEXT BRACKETED] -17- 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 15.05.070]. (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 Citv'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 Citv'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 [$10.00] each vehicle [$13.001 each vehicle 1.001 per calendar day [S 3.00] flat fee 5.00 flat fee New Text. Underlined; (DELETED TEXT H_RP.CiCET 18.10.020 Street building permits. [S 1..00] per day rate or actual expense 5.00] per day rate or actual expense 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 Citv's schedule of fees adopted by the City Council [TEN DOLLARS ($10)] and shall be paid to the City [CLERK] at the time of application for said penult. Said fee shall not be refunded if said permit is refused. -18- 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 1.8.20.050, 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 City's schedule of fees adopted by the City Council OF TEN DOLLARS ($10.00)1 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 Citv 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] —ore than one passenger vehicle- for -hire, in addition to providing info/illation described in KMC 20.05.020(c), 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 f$100 PER YEAR FOR EACH ADDITIONAL VEHICLE SO AUTHORIZED]. New Text Underlined [DELETED TEXT BRACKETED[ -19- 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)]. (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 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 New Text Underlined; [DELETED TEXT BRACKETED] -20- 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 21.1 Filing fee and deposit, is hereby amended as follows: 21.16M40 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 Citv's schedule of fees adopted by the City Council: (L) 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)]. (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 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 he responsible for these costs. The City will return any unused deposit balance to the applicant. New Text Underlined: [DELETED TEXT BRACKETED] -21- 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 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 (S2,000.00)]. (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 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. Uncle eft (DELETED TEXT BRACKETED) -22- 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(1), 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 BRACT {ETEDI -23- PAT PORTER, MAYOR Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 To: Rick Koch, City Manager //From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2528 -2011 V /la ge with a Past, Gity with a Future" -24- 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 fast 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. KENALALASKA CITY OF KENAI ORDINANCE NO. 2529 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OE 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 and Sale Pe 'anent 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 pe,.,uanent 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 capita] 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[ -25- 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 Pennanent 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. Un.dertlned• [DELE7 ED TEXT BRACKETED] -26- 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 Citv 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 investment earnings in the General Fund Land Sale Permanent Fund. (d) 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. Le) Interest or income earned b 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 Petivanent 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 BRACKDTEDi -27- 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, ail 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 Pennanent 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 [ADMINISTRATION] 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 F[F]unds shall be 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 _28_ 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[F]und 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 1(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) T]the 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: (i) F]five percent (5 of the market value of the fund at December 31, 2008 or[. (ii) T]the 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 FY 2009. (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 Permanent 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). New Text underlined' (DELETED TEXT BRACKETED! -29- 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 Citv'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 [SECTION) 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] -30- 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 PAT PORTER, MAYOR New Text Underlined: [DELETED TEXT BRACKETED] -31- Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 To: Rick Koch, City Manager /From: Terry Eubank, Finance Director Date: January 13, 2011 Re: Ordinance 2529 -2011 "Kffaye with a Past Gc with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 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 ram of return 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 permanent 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 5% 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. -32- KEKBI. RL4SKA U 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 FY 11 and four years for FY 12); 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 $19,999,517 produces a maximum allowable transfer of $999.976 which is $31,819 more than originally budgeted for FY 11 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: Airport Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings $31,819 Increase Appropriations Transfer to Airport Fund S31,819 New Text Underlined• [DELETED TEXT BRACKETED] -33- 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: New Text Underlined; [DELETED'ffiXT BRACKETED) -34- PAT PORTER, MAYOR 31,819 Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: February 2, 2011 1c czy o/ KENAI, ALASKA To: Mayor Porte Council Members Thru: Rick Koch, City Manager i f From: Terry Eubank, Finance Director Date: January 10, 2011 Re: Ordinance 2530 -2011 'Wage with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 Pursuant to KMC 7.30.020 the annual transfer from the Airport Land Sale Permanent Fund (ALSPF) shall be equal to 5% of the five -year average of the funds value at December 31 This is the third fiscal year of the current investment methodology and a three year average is being used as called for in KMC 7.30.020. FY12 will utilize a four -year average and a five year average will be used beginning in FY13. The December 31, 2010 market value of the ALSPF was 321,909,110. The FY11 transfer amount calculation is as follows: December 31, $19,999,517 Market Value 2008 2009 2010 Average Portfolio Balance $17,825,369 $20,264,072 521,909,110 $19,999,517 X 5% 999,976 The FY 11 budgeted transfer amount was $968,157. Ordinance 2530 -2011 will increase the budgeted transfer amount to the 5 maximum of $999,976. -35- Mc c,y of KENN ALASKA CITY OF KENAI ORDINANCE NO. 2531 -2011 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPR[ATIONS IN THE KENAI COMPREHENSIVE PLAN PROJECT FUND BY $50,000. WHEREAS, as part of the FY 11 Budget, a $50,000 transfer from the General 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 for staff training for completion of the Plan; and, Suggested by: Administration 7,500 of City funds to provide 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 $107,500 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 Ftusds $50,000 Increase Appropriations: Professional Services $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: January 19, 2011 Adopted: February 2, 2011 Approved by Finance: 7 Effective: February 2, 2011 New Text Underlined [DELETED TEXT BRACKETED] -36- MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: January 3, 2011 SUBJECT: Comprehensive Plan Budget Transfer "Village with a Past, Ga't with a Fatrsre" 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 -37- '(1 1992 ATTEST: Carol L. Freas, City Clerk CITY OF KENAI RESOLUTION NO. 2011 -07 -38- Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OP' 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, 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 second day of February, 2011. PAT PORTER, MAYOR MEMO. 11 VZ aye with a Past, Ci 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 -39- with a Future 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, i would reiterate past Council action for a competing project. il ll� l 1992 Petro Service Inc Business information. Harrington DE 19952 -0177 Page 1 of 3 Harrington DE Yellow Pages M10mm, Harrington Delaware I Harrington, Delaware Sobs Petro Service Inc Truck Equipment Parts Wholesale in Delaware 1 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 SgFt. They also utilize about 0 1 PCs. hrtp: //bb 10 .com/Delaware Yellow Pages /Harrington/[ Cent- County/Petro- Service Inc /3023... 1/18/2011 -40- Petro Service Inc Business Information. Harrington DE 19952 -0177 Page 2 of 3 Physical Address: 17399 5 Dupont Hwy City: Harrington State: DE Zip Code: 19952 -2461 Carrier Route: R005 Telephone: 302 -398 -3260 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 SqFt Business Area: Dover, DE Listing Id: DE69843 Copyright hb10.com 2010 All Rights Reserved. Cuonort t4 t •Qaj http: //bb 10.com/Delaware- Yellow Pages /Harrrington/Kent- County/Petro- Service- Inc /3023... 1/18/2011 -41- Dear All, Mr. Glen E. Verb Director, Board Security and Trade Compliance Office of InternationalTrade, Regulations and Filings U.S. Customs and Border Protection Washington, D.C. 20229 Please send your letters as soon importance to us alt. January 17, 2011 Danny S. Davis -42- Gas Development Governor Parnell, all Representatives Senators, Mayors and Alaska Lawmakers State of Alaska Re: Jones Act Wavier to move Escopeta's Spartan 151 Rig from C;tdf of Mexico, to Cook Inlet Alaska I wanted to write to all of you together and keep you informed of Escopeta's timeline to transport its Jacic -Up Rig tb 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 -Act 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 1 need to expound on how important it is for ail of us to get our jack -up to Alaska. The future of additional large supplies of natural gas for. Anchorage and the military bases, as well as, job creations, only become real when the jack-up arrives and drills. We are on our way, but I need your help and support with Washington, D.C. to achieve this goal. Please write to the address below your letter of support: Mr. Richmond Beevers Regulations and Rulings U. 5. Customs and Immigration Mint Annex 799 9th Street NM Washington, D.C. 20229 s possible, this is a very serious matter, tit Thank you, -m 4 I Mr. Danny S. Davis Chief Executive Officer Eseopeta Oil Gas Develop me 5005 Riverway Suite 440 Houston, TX 77056 Dear Mr. Davis: Sincerely, Glen E. Vereb Director, Border Security and. Trade Compliance Division Office of International Trade, Regulations Rulings U.S. Customs and Border Protection -43- U.S. Department of Homeland Sectt Washington, DC 20229 U.S. Customs and Border Protection NOV �S 2098 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 Coot; 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. Y 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 .Re: Formal Notice. of Movement of Jack -up -Rig (Spartan 151) to Alaska Using the Vessel TAI AN KGB 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 ,Tones Act Waiver granted to Escopeta Oil Company LTC by Homeland Security in June of 2006, will transport the Spartan 151 from the C}ulf of Mexico for delivery to Cook Inlet, Alaska in 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 maimed 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 Alaslca.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 chills to prepare for anticipated gas production short falls. As you are aware, Escopeta's drilling program is estimated to produce 4 (+1 Trillion cubic feet (TCP) of natural gas over the ensuing years, plus in excess of 400 Million barrels of oil (it4MBO). This will diminish if not eliminate the critical energy needs so necessary and -44- November 5, 2010 Ivlr. Richmond Beevers Page 2 economidally imp ortant t o consumers and the concomitant industrial and commercial growth throughout' the region. Further it will serve to alleviate national security concerns facing both Elmendori'Air Force Base and Fort Richardson, New facilities and programs at the bases, well known to DIIF, make the need for reliable and abundant gas supplies from Coolc Inlet all the more urgent, Lastly, I3scopeta's efforts will serve to keep natural gas prices relatively low iu the Anchorage area, though prices there are currently three tines that of prices in the continental United Staten Please acknowledge receipt of this notification. Manic you for your attention to this matter. Sincerely, Dann..y(. Davis, CEO Cc: The I- I=cable Janet Napolitano Secretary Department of Homeland Security Washington, DC 20528 -45- DEPARTMENT OF NATURAL RESOURCES November 33, 2010 Mr. Richunon.d Beevers Regulations and Rulings U.S. Customs and Immigration Mint Annex, 799 9th Street NW Washington, D.C. 20229 Dear Mr. Beevers: 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 a jack -up drilling rig from the Gulf of 1blexieo to the Cook Lniet, 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 a jack -up drilling rig. A Jones Act waiver is warranted because there are no American flagged heavy -li,l 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 -8701, Thank you. Since Kevin Banks Director, Division of Oil and Gas DIVISION OF 011, GAS cc: John Katz, Director, State Federal Relations Thomas Irwin, Commissioner, Department of Natural Resources Danhj Davis' E wopata,0d Company -LL,C r;, "Develop, Conserve, and Entrance Natural Resources for Present and Faeture Alaskans," -46- SEAN PARNELL, GOVERNOR 550 WEST 7 AVENUE, SUIT= 1100 ANCHORAGE, ALASKA 99501 PHONE: (9007) 259.8800 FAX': (007) 259.8938 DON YOUNG CONGRESSMAN FOR Au //LAW. WASHINGTON OFFICE 2111 RAY5umN BUILDWG TEL PHONE 202-220-57611 VIF, OUR WEItNoE er616tl6114606NAemtte.aov The Honorable Janet Napolitano Secretary Department of Homeland Security Washington, DC 20528 Dear Madame Secretary: DY /jp Eno, 510 LSm057 Sure 560 AKOnoros[, NAEKA 90501 001.271.6975 l' nn O'F fffE 3tlud?b$f rtss �rArI.1.1S:' of Yep �Itryrssl(iusfnu. November 2, 2010 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 Consi'dering`my roe uest. Sincerely, t rA 101 1291AVExue 612 W. WIGAtoN6VAOENUe, Suite B 805 Enouraw Row Box10 P.O. Box 21247 Suite 110 r,RemKS, Aema99701 JuNew, AUmu, 90002 FERN, AUSS699811 907- 45641210 007 -58 5-7400 907-2034701 -47- DON Y Congrecsmar,/for all Alaska COMMITTEE ON RESOURCES COMMITTEE ON TRANSPORTATION REPUBLICAN POLICY COMMITTEE Gux TOLL -FEE. 15E0590-5979 Janet Napolitano Secretary, US Department o Washington, D.C. 20528 September 1, 2010 omeland Security Op L Gas Development Re: Request for Ratification of Previous Waiver of' Jones Act to Move Jaek -TJp 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 LLC hn 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 MY 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 approvallratifi.cation 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 /March 2011 in time fin 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, E'imenclorf 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. In any event, Escopeta now stands ready to go, subject' to Homeland's ratification of its previous waiver. We respectfully request your ratification as soon as possible and eertaini.y within thirty clays so we can keep our schedule, our contracts in force, move the rig on time, and ,find the much needed supply of natural gas for the citizens o:FAnchorage. -48- Janet Napolitano Secretary, US Department o'f Homeland Security September 1, 2010 Page 2 v If you or any of your staff-need add. akely. Sincerely, (i /f t J Danny S. Davis, CEO -49- na on please a dvise and we will In Jeanne M. Grasso, Esq, Blank Rome LLP 600 New Hampshire Avenue, NW Washington, D.C. 20037 Dear Ms. Grasso: June 27, 2006 Thank you for your May 19, 2006 letter wherein you requested, on behalf of Escopera Oil Company, LLC °Esoopeta a waiver of the Jones Act so that the TAI AN KOU, a foreign owned and foreign -flag vessel, may be used to transport ajock -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 w 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 rind 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 certain peninent facts, including: a. Due to the declining oil and gas production and supplies in Cook Inlet, there is a need for one.tirne movement of the Tellus rig from Port Arthur to Cook inlet to facilitate the exploration and production of natural gas; Port Richardson and Elmendorf Air Force Base rely on Cook Inlet natural gas for power generation and heating; tip of Africa, as the rig is too large WIFeransportedlirbugiitlie paiiantn Only i I heavy lift semi submersible vessels are currently active world wide and that all of these vessels are foreign owned and foreign flagged; By using the Talus rig, Esoopeta 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 853 (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 -50- Sell' /ary OA, n<pnrmfeat of 3 tomes id%eeurlty HVa:hingta,. nC 2U.52 Homeland Security Page 2 transportation, in any vessel other than a vessel built in, documented under the laws ot, 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 milts 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 Ike Act of December 27, L950 (Pub. L. 81 -891, 64 Stat. 11201 note preceding 46 U.S.C. App. 1). Thls statute provides that "[t]he 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 (and) Dike head of such department or agency is authorized to waive compliance with such taws 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 Ibr your interest in the Department of Homeland Security. Sincerely Michael Chenoff cc: Michael Hokana,,aritime Administration Alice Lippert, Department of Energy Adam Yearwocd, Department of Defense -51- ft3MM1TTEE CIN ARMCO SEAV(CES MARK BEG!CH CCIININIT; rE pN (ET EHAF75 AFFAIR9 ALASKA COW Ni'i'9flE ON CONIM1TME ON THE Buoat COMMERCE, SCIENCE, AND TRANSPCRTT[0N The Honorable Janet Napolitano Secretary U.S. Department of Homeland Security Washington, DC 20528 Dear Secretary Napolitanm Mitt *totes WASHINGTON, DO 20515 January 25, 2011 There is an urgent need to find new reserves of natural gas for Southcentral Alaska and 1 seek your prompt attention to a request by Escopeta Oil for a Jones Act waiver to deliver a jack up drilling rig from the Gulf of Mexico to Cook Inlet to initiate exploration for natural gas this year. Southcentral Alaska, home to over half of Alaska's population and two major military bases, has depended on natural gas for electric generation and to heat its horses since the 1950s. These fields are now in decline and it is expected natural gas demand in the growing region may exceed existing supply by 2013. The Alaska State Legislature has offered incentives to encourage new energy exploration in the region. Escopeta Oil was granted a Jones Act waiver in 2006 to bring a jack up drilling rig to explore for oil and natural gas in Cook Inlet via a foreign flagged heavy -left vessel but the trip was postponed for various reasons. Escopeta. Oil has since acquired a U.S. built and classified drilling rig which is now being refurbished in a U.S. shipyard in Galveston, Texas, and plans to begin the trip to Alaska this winter. As the rig is too large for the Panama Canal, the intended route of transit would take it south of Africa. The company says alternative means of hauling the vessel, such as by barge, are unacceptable due to the risk of stormy seas on the extended route around the Cape of Good Hope. When informed last November Escopeta Oil intended to make the move under conditions identical to those allowed under the 2006 waiver, the U.S. Customs and Border Protection replied the waiver was "neither open ended nor transferrable," Escopeta Oil does not find the opinion to be definitive and has requested clarification. I strongly support Jones Act protections for U.S. flagged shippers and domestic shipyards but recognize there are extenuating circumstances when a waiver may be justified. A critical need exists to address expected natural gas shortfalls for residents and the military in Southeentral Alaska. 1 believe this request is reasonable and responsible. S1(12 50 -141 ALISOOLL BULLING WASHINGTON. ;.030510 813008 SURF 206 80170308 SLATE 11)1 SUIT 230 n001. 8705£7 10112 AVENUE ONE SP,ALASKA PLAZA 505 MONTAGE 0041) '1010 FIRST AVENUE ANCHORAGE. AK 99501 FAIRBANKS, AK 9E001 JUNEAU, AK 99901 X8141, AK 09661 KETCHINA(4 AK 09001 (902) 7171 -51115 (90%1 40(0 -0231 ∎9(179459 -7900 140712854.100 (BM 22o -8000 02122/17008 The Honorable Janet Napolitano January 25, 2011 Page 2 Accordingly, and given the short time remaining to mobilize for the summer exploration season, I request a prompt response to the request by Escopeta Oil for a Jones Act waiver to deliver a jack up drilling rig from the Gulf of Mexico to Cook Inlet this year. Feel free to contact my office with any questions regarding this matter. Sincerely, Mark Begich United States Senator then o" KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -08 Suggested by: Council Member Marquis A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF SENATE BILL 3, "AN ACT PROVIDING FOR FUNDING FOR SCHOOL LUNCH AND BREAKFAST." WHEREAS, Alaska Senate Bill 3 was pre -filed on January 7, 2011 and introduced in the Alaska Senate on January 19, 2011; and, WHEREAS, the bi- partisan bill proposes amendment to the Alaska Statutes, Chapter 14.03, by adding a new section to provide for improved funding of school lunches and breakfasts for eligible students; and, WHEREAS, the State of Alaska's education policy set forth in AS 14.03.015 states: It is the policy of this state that the purpose of education is to help ensure that all students will succeed in their education and work, shape worthwhile and satisfying lives for themselves, exemplify the best values of society, and be effective in improving the character and quality of the world about them; and, WHEREAS, Senate Bill 3, if enacted, would supplement the cost of lunches and breakfasts provided to each student who is eligible for a free or a reduced -price Lunch under 42 U.S.C. 1771 1784; and, WHEREAS, scientific research shows that adequate nourishment and nutrition is imperative for proper cognitive and behavioral development in students, and that eating quality meals, especially breakfast, is directly related to increases in test scores, decreases in the rate of childhood obesity, and a decrease in school violence; and, WHEREAS, Alaska is one of only a few states that currently does not supplement school lunch and breakfast funding, and ranks 48th in the nation for participation in school breakfast programs; and, WHEREAS, Senate Bill 3 has the support of the Food Bank of Alaska, the Alaska Food Coalition, and other organizations, school districts and education boards throughout Alaska. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai recognizes the importance of the adequate nourishment and nutrition of our children and students and supports enactment of Alaska. Senate Bill 3; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to Alaska Senate President Gary Stevens, Alaska House Speaker Rep. Chenault and the -52- RESOLUTION NO. 2011 -08 Page 2 of 2 other members of the Kenai Peninsula Legislative Delegation, and the Senate Bill 3 sponsors including Senators Wielechowski, Ellis, Davis, Egan, French, Kookesh, ivicGuire, Mienard, Paskvan, and Thomas. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk -53- PAT PORTER. MAYOR RYAN MARQUIS (907) 283 -7405 Ph. (907) 398 -8058 Cell ryan[)rnarquisthr.t_eanai.corn To: Mayor Porter, Council Members Bookey, Boyle, Gabriel, Molloy, Moore From: Council Members Ryan Marqui Date: Oi -25 -2011 Subject: Resolution No. 201.1 -08: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF SENATE BILL 3, "AN ACT PROVIDING FOR FUNDING FOR SCHOOL LUNCH AND BREAKFAST." I'm respectfully asking for your support on Resolution 2011 -08. This resolution would send the legislature our support of Senate Bill 3, which would provide funding to public schools for lunch and breakfast programs. Alaska is one of only a few states that do not supplement the federal funding of such programs. Only about one -third of the Alaskan schools that offer a free or reduced lunch program, also offer breakfast. Approximately 10,000 Alaskan children start their school -day hungry, making learning and development much more difficult than it should be. I've talked to a number of people that either work in, or spend much time in, our schools. They all have stories about hungry students. Some students are subsisting mainly off of the food they can get at school. Some even try to save some of their lunch to brine home for dinner. Students should be concerned about whether or not they studied their spelling words enough before a test, not about how they're going to eat that day. Senate Bill 3 won't end hunger in Alaska, but it will go a long way in reducing it. I understand that this will result in increased spending on the state level, but I believe that in the long -term, this is an investment. Students focused on learning and developing their social skills will constitute the next generation of business owners, teachers, scientists, elected officials, public safety officers, and members of the military. By supporting these students now, we're supporting our city, our state, and our nation's future. I sincerely appreciate your consideration. of this resolution. -54- BY SENATORS WIELECH:OWSKI, ELLIS, DAVIS, EGAN, FRENCH, KOOKESH, MCGUIRE, MENARD, PASKVAN, AND THOMAS Introduced: 1/19111 Referred: Education, Finance SENATE BILL NO. 3 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY SEVENTH LEGISLATURE FIRST SESSION A BILL FOR AN ACT ENTITLED 1 "An Act providing for funding for school lunch and breakfast." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: SB0003A -1- SB 3 New Text Underlin [DELETED TEXT BRACKELED] 3 Section 1. AS 14.03 is amended by adding a new section to read: 4 Sec. 14.03.127. State funding for school lunch and breakfast. (a) To 5 supplement the cost of lunch and breakfast provided to each student who is eligible for 6 a free or reduced -price Lunch under 42 U.S.C. 1771 1784, in addition to public school 7 funding and subject to appropriation, the department shall provide funding to a school 8 district for lunch and for breakfast to each eligible student. To implement this 9 subsection, the department shall provide a base amount of 15 cents for each lunch or 10 35 cents for each breakfast, to which amount the department shall add an additional 11 amount, expressed in cents and not applied as a cost factor, that is determined by 12 (1) reducing the applicable district cost factor provided in 13 AS 14.17.460 by 1.0; and 14 (2) dividing the remainder determined under (1) of this subsection by 15 four; the department shall round to the nearest cent a quotient that is not a whole -55- 27- LS00201N4 SB 3 -2- SB0003A New Text Underlined [DELETED TEXT BXACICETED; number. 2 (b) Beginning July 1, 2012, the base amount under (a) of this section shall be 3 adjusted annually on October 1 according to changes in the Consumer Price index for 4 all urban consumers for the Anchorage metropolitan area compiled by the United 5 States Department of Labor, Bureau of Labor Statistics. The index for 2009 is the 6 reference base index for an adjustment made under this subsection. 7 (c) In this section, "district" has the meaning given in AS 14.17.990. -56- 27- LS0020 \M Session State Capitol, Rm. 1 0 1 Juneau, AK 99801 (907) 465-2435 Fax: (907) 465 -6615 Interim. 716 W. 4 111 Ave, Ste. 540 Anchorage, AK 99501 (907) 269 -0120 Fax: (907) 269 -0122 Senator ii1l Wielechou,ski ®legis.statc.ak.us For Immediate Release: January 6, 2011 ALASKA STATE LEGISLATURE SENATOR BILL WIELECHOWSKI Senator Wielechowski Introducing Bill for Healthy School Meals Legislation to help schools provide meals for kids in need -57- Co- Chair t Armed Services Committee Resources Committee Member Energy Committee Judiciary Committee World Trade Committee ANCHORAGE: Senator Bill Wielechowski (D Anchorage) announced today he is introducing bi- partisan legislation. to make sure Alaskan students aren't going hungry Under this bill, schools taking part in the federal Free Lunch Program would also receive a much- needed state match for those funds. This will encourage more schools to provide nutritious meals for children in need. Currently, Alaska is one of the only states in the nation that neglects to supplement the program. "Studies have shown that eliminating hunger in children increases school attendance and performance, wlvl decreasing school violence and obesity," said Senator Wielechowski. "This is a worthwhile short-tern investment that will go a long way in preventing more costly problems for Alaska in the future." "In Alaska, however, nearly a third of schools offering school lunch do not offer school breakfast, leaving 10,000 Alaskan children with no access to the most important meal of the day," Senator Wielechowski said. "For many children.; these are the only nutritious meals they get on a regular basis." The match would add 35 cents per breakfast and 15 cents per lunch. To compensate for higher costs, rural schools will receive additional assistance through a funding formula based on the applicable School District Cost Factor. "The number of students in the Anchorage School District. who qualify for free and reduced meals has risen markedly over the past two years," said Carol Comeau, Superintendent of the Anchorage School District. "Students who come to school and are well -fed at the beginning of the day do better in school academically, socially, and physically. I applaud the legislators who are co- sponsoring this important legislation. Other Senate co -prime sponsors of this bill include Johnny Ellis (D Anchorage), Bettye Davis (D Anchorage), Linda Menard (R Wasilla), Dennis Egan (D Juneau), Hollis French (D Anchorage), Albert Kookesh (D Angoon), Lesii McGuire (R Anchorage), Joe Paskvan (D Fairbanks), and Joe Thomas (D Fairbanks). This bill has the support of the Food Bank of Alaska, the Alaska Food Coalition, and the Alaska School Nutrition Association, as well as school districts and education boards across the state. For more information or media inquiries, contact Senator 13111 Wielechowski or Christy Harvey at: 269 -0132. Making Increased Participation in School Breakfast a Top Priority During the 2009 -2010 school year, 14,164 low- income children in Alaska participated in the national School Breakfast Program, according to a new national report. While the number of children receiving school breakfast increased, many still are missing out. For every 100 low income children that ate school lunch, only 38 also ate school breakfast in Alaska. The School Breakfast Scorecard, released annually by the Food Research and Action Center (FRAC), measures the reach of the School Breakfast Program nationally and by state, evaluating state performance by comparing the number of low- Income children receiving school breakfast to the number of such children receiving school lunch. The best performing states reached about 60 per 100, and the national average was 47 low- income children partidpating in school breakfast for every 100 that received lunch. Alaska, well below average, ranked 43 in student participation out of the 50 states and the District of Columbia. Low participation means missed meals for children and missed dollars for states. If participation in Alaska rose to 60 low- income children eating federally- funded school breakfast for every 100 low- income children eating lunch, 8,006 more low- income children would start the day with a healthy breakfast and the state would gain an additional $1.9 million in federal funding. Two states, New Mexico and South Carolina, already exceed this goal and demonstrate that this Is eminently achievable. "Breakfast is proven to boost test scores, improve attendance and participation, and help children start their day ready to learn," says Susannah Morgan, Executive Director of Food Bank of Alaska. "106 schools in Alaska currently do not offer breakfast. Senator Wielechowski's bill 51303 supports state funding to make it more feasible for all Alaskan schools to offer breakfast. This report demonstrates how important Senator Wielechowski's leadership is to our children." Not only does breakfast reduce hunger and improve education, but it also contributes to better nutrition, Children who participate in school breakfast eat more fruits, drink more milk, and consume a wider variety of foods than those who do not eat school breakfast or who have breakfast at home. "Given the concern for obesity in our children, it is disturbing that Alaska is leaving this money untapped," said Morgan. Nationally, participation in the School Breakfast Program grew to include 9.4 million low- income children during the 2009 -2010 school year, an increase of 663,000 low- income children over the previous school year and the largest increase since FRAC began tracking participation in 1991. Over the past two school years, participation in breakfast grew by nearly 1.2 million low- income children. The 2009 -2010 school year also saw the largest increase in lunch participation recorded by FRAC; the program reached nearly 20 million low- income children on an average school day. "Clearly, the recession created more childhood hunger and fueled growth in the school meal programs. While officials and advocates at the school, state, and federal level took important steps to boost enrollment, we still see that far too few children are starting the day with a healthy morning meal," said Jim Weill, FRAC President. -58- About the report: The full report, School Breakfast Scorecard, is available at www.frac.org. To measure the reach of the School Breakfast Program, FRAC compares the number of schools and low- income children that participate in breakfast to those that participate in the National School Lunch Program, FRAC also sets a participation goal of reaching 60 children with breakfast for every 100 receiving lunch as a way to gauge state progress and the costs of underparticipation in the program. Nationally, the School Breakfast Program has grown to include 9.4 million low income children. -59- 0h00#07 KENAI SKA CITY OF KENAI RESOLUTION NO. 2011 -09 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, AUTHORIZING AMENDMENT OF' THE REGULATIONS OF THE KENAI MUNICIPAL CEMETERY TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE FEES AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THE FEES CHARGED BY THE KENAI MUNICIPAL CEMETERY MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT OF CEMETERY FEES AND CHARGES. WHEREAS, the City Council has adopted regulations governing various fees and other charges imposed by the Kenai Municipal Cemetery; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WI- IEREAS, 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, it is anticipated that when the Council adopts a comprehensive fee schedule, some of the fees charged by the Kenai Municipal Cemetery may he increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Municipal Cemetery to the comprehensive fee schedule rather than in its separate code of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. Cemetery Regulation, Section 1, Plots, is hereby amended as follows: Section 1: Plots a. Plots shall be platted in those areas of the cemetery where interments have not as yet taken place in five -foot (5') by ten -foot (10') plots, two- and one -half -foot (2 -1/2') by five -foot (5') plots for infants, and two feet (2') by two feet (2') by two feet (2') for cremains. New Text Underlined; [DELETED TEXT BRACKETED] -60- Resolution No 2011 -09 Page 2 of 2 2. This Resolution shall become effective on March 2, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: b. The City Clerk shall be in charge and have access to said plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall he stored by the City of Kenai. The City Clerk shall charge a fee {OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER STANDARD PLOT, ONE HUNDRED FIFTY DOLLARS ($150.00) FOR INFANTS OR ONE HUNDRED DOLLARS ($100.00) FOR CREMAINS. SUMMER CHARGES (JUNE 1 THROUGH SEPTEMBER 30) FOR OPENING AND CLOSING GRAVES ARE FIVE HUNDRED DOLLARS ($500.00) PER STANDARD PLOT, TWO HUNDRED FIFTY DOLLARS ($250.00) FOR INFANTS AND ONE HUNDRED DOLLARS ($100.00) FOR CREMAINS. WINTER CHARGES (OCTOBER 1 THROUGH MAY 30) WILL BE SIX HUNDRED DOLLARS ($600.00) FOR STANDARD PLOTS, TWO HUNDRED FIFTY DOLLARS ($250.00) FOR INFANT PLOTS, AND ONE HUNDRED DOLLARS ($100.00) FOR CREMAINS) for each plot. depending upon the size of the plot (adult or infant or cremains) and the season during which the opening and closing of the grave occurs. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. Payment in full for the plot is required at the time of purchase of the plot, Payment for the opening or closing of the grave is due prior to commencement of work. c. A reservation of burial space in the Kenai Municipal Cemetery can be acquired by applying to the City Clerk and being assigned a platted plot or plots after having paid the appropriate fee. It is prohibited for the purchaser of said plots to re -sell or assign the plots except to the City. Charges for reservation in advance will be at maximum cost. Funeral director will take the family to the cemetery for site selection. The family will pay Clerk unless the director is paid in advance. Carol L. Freas, City Clerk Approved by Finance: 4 4- New Text Underlined 1DELETED TEXT BRACKETED] -61- PAT PORTER, MAYOR 'Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidaigo 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 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011 -13. The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010, Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective, Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 201 will become effective March 2, 2011 if adopted at the February 2 Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16 Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accomrnodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council. -62- /be KEKAI. AL4KKA U CITY OF KENAI RESOLUTION NO. 2011 -10 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE REGULATIONS OF THE KENAI MUNICIPAL AIRPORT TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE FEES AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THE FEES CHARGED BY THE AIRPORT MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT OF AIRPORT FEES AND CHARGES. WHEREAS, the City Council has adopted regulations governing various fees and other charges imposed by the Kenai Municipal Airport; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, the crea.tion 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, it is anticipated that when. the Council adopts a comprehensive fee schedule, some of the fees charged by the Kenai Municipal Airport may be increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Municipal Airport to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.020, Short term parking area, is hereby amend.ed as follows: 6.05.020 Short-term parking area. The Airport Manager shall designate an area or areas for short term vehicle parking. Parking is permitted in this area at the times determined by the City Manager. Parking hours and rates shall be posted. All improperly parked cars are subject to impound. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the short-term vehicle parking areas. All fees shall be as set forth in the City's schedule of fees adopted by the Cite Council. New Text Underlined• [DELETt.D TEXT BRACKETED; -63-- Resolution No. 2011 -10 Page 2 of 4 Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. 2. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.030, Limited Long -term parking, is hereby amended as follows: 6.05.030 Limited long -term parking. The Airport Manager shall designate an area or areas for long -term vehicle parking Parking is peuuitted only in those areas, and only on those conditions as are set forth at the designated entrances and within said parking areas. Any vehicle or property within the long -teini parking areas for a continuous thirty (30) day period or within said area contrary to the terms or conditions of use as stated herein, or as posted by the aforementioned signs, shall be subject to impound pursuant to KMC 12.25,040. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the long -term vehicle parking areas. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. 3. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.060, Aircraft parking, is hereby amended as follows: 6.05.060 Aircraft parking. (a) No person shall park an aircraft in any area on the airport other than that prescribed by the Airport Manager. "Parking of transient helicopters and heavy aircraft, loading and unloading shall be limited to the area known as the north ramp. Parking for transient light aircraft shall be primarily the south ramp. Overflow shall use the north ramp (see Appendix 1- Airport sketch map attached hereto)." (b) Aircraft in violation of Section 6.05.060 may be impounded at the discretion of the Airport Manager. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of the owner. (c) An impoundment fee [OF ONE HUNDRED DOLLARS ($100.00)[ plus a towage fee [AT COST,] shall be charged on each aircraft impounded. In addition, [AND] a daily storage fee [OF FIFTY DOLLARS (550.00) PER DAY] shall be charged for each day the aircraft remains impounded. All impound, towage, and storage fees shall be as set forth in the City's schedule of fees adopted by the City Council. New Text Underlined; [DELETED TEXT BRACKETED] -64- Resolution No. 2011 -10 Page 3 of 4 (d) All impounded aircraft which are not redeemed within ninety days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than thirty days nor less than seven days before the time of the auction. 4. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.070, Transient aircraft, is hereby amended as follows: 6.05.070 Transient aircraft. (a) All aircraft owners or operators parking transient aircraft in an area designated by the Airport Manager shall register their aircraft with the Airport Manager's Office upon arrival. (b) Transient aircraft under ten thousand (10,000) pounds shall park at the tail tie -downs on the south terminal ramp apron and aircraft exceeding ten thousand (10,000) pounds shall park on the north tei mina' ramp, off the VOR checkpoint. All transient aircraft must be properly secured. (c) All aircraft owners or operators parking aircraft in an area designated by the Airport Manager will be charged a daily transient parldng fee [OF TWO DOLLARS (52.00) PER DAY] as set forth in the City's schedule of fees adopted by the City Council. No aircraft shall be allowed to park in the transient parking area for more than five (5) consecutive days, unless specifically authorized by action of the Airport Manager. There will be no fee for parking an aircraft for a period of six (6) hours or less. 5. Airport Regulation, Chapter 14.05 entitled "Landing Fees," section 14.05.010, General, is hereby amended as follows: 14.05.010 General. (a) There shall be a landing fee per thousand (1,000) pounds of weight for all aircraft whether empty or loaded with a FAA certified maximum ,gross take -off weight (CMGTW) of four thousand (4,000) or more, payable monthly. The landing fee shall be computed on the CMGTW of each aircraft and shall be as set forth in the Citv's schedule of fees adopted by the City Council, [THE LANDING FEE PER THOUSAND POUNDS SHALL BE: (1) JUNE 1, 2009 —MAY 31, 2010: $1.10. (2) JUNE 1, 2010 —MAY 31, 2011: $1.21. New Text Underlined; [DELETED TEXT BRACKETEDI -65- Resolution No. 2011 -10 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: (3) JUNE 1, 2011 —MAY 31, 2012: $1.33. (4) JUNE 1, 2012 —MAY 31, 2013: $1.46.1 (b) Airlines providing scheduled or unscheduled service to the Airport out of the passenger terminal building that have not executed an Airline Operating Agreement and Terminal Area Lease are "non- signatory airlines" and shall pay a landing fee per thousand (1,000) pounds of weight for all aircraft whether empty or loaded with a FAA certified maximum gross take -off weight CMGTW) of four thousand (4,000) pounds or more, payable monthly. The non- signatory landing fee shall be computed on the CMGTW of each aircraft and shall be as set forth in the City's schedule of fees adopted by the City Council. [THE LANDING FEE PER THOUSAND POUNDS SHALL BE: (1) JUNE 1, 2009 —MAY 31, 2010: $1.43. (2) JUNE 1, 2010 —MAY 31, 2011: $1.57. (3) JUNE 1, 2011 —MAY 31, 2012: $1.73. (4) JUNE 1, 2012 —MAY 31, 2013: $1.90.) (c) The following aircraft are exempt from landing fees: (1) Float planes; (2) Aircraft engaged in flight test landings or returns because of mechanical problems or weather; (3) Government aircraft. This Resolution shall become effective on March 2, 2011. Carol L. Freas, City Clerk Approved by Finance l New Text Underlined [DELETED TEXT BRACKETED} -66- PAT PORTER, MAYOR "V'Ilaye with a Past, a with a Future" To: Rick Koch, City Manager f From: Terry Eubank, Finance Director Date January 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011 -13. -67- FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 The above Resolutions, in conjunction. with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 2011 will become effective March 2, 2011 if adopted at the February 2 11d Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16` Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council. ties y of KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -11 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. AUTHORIZING AMENDMENT OF THE REGULATIONS OF THE KENAI COMMUNITY LIBRARY TO DELETE REFERENCES TO SPECIFIC FEES AND SERVICE CHARGES SO THAT THOSE FEES AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL. WHEREAS, the City Council has adopted regulations governing various fines and other charges imposed by the Kenai Community Library when a borrower does not timely return an item or when an item is damaged or lost; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, 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, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Community Library to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. Paragraphs 2, 3, 4, and 5 of the Library Regulations for the Kenai Community Library are hereby amended to read as follows: 2. LATE FEES [A. TEN CENT'S ($0.10) PER DAY ON BOOKS LOANED FOR A THREE (3) WEEK PERIOD. B. ONE DOLLAR (51.00) PER DAY ON VIDEOS, DVDS AND NON BOOK MATERIALS. C. THREE DOLLARS (53.00) PER DAY ON CASSETTE PLAYERS, SCREENS OR PROJECTORS. D. THE MAXIMUM LATE FEE ACCRUAL PER ITEM IS TEN DOLLARS ($10.00).] New Text Underlined' !DELETED TEXT BRACKETED! -68- Resolution No. 2011 -11 Page 2 of 4 All fees for the late return of library materials shall be as set forth in the City's schedule of fees adopted by the City Council. 3. SERVICE AND REPLACEMENT CHARGES [A. FULL] The replacement cost of books or other materials that are lost or damaged beyond repair shall be as set forth in the City's schedule of fees adopted by the City Council. All replacement fees for any item. including but not limited to a library identifier /barcode, lost library cards, record sleeves, hang -up bags, and AV or cassette containers. shall be as set forth in the City's schedule of fees adopted by the City Council. [B. IF THE CURRENT REPLACEMENT COST OF THE LOST OR DAMAGED ITEM IS UNAVAILABLE, THE DEFAULT REPLACEMENT COST FOR EACH ITEM IS AS FOLLOWS: TWENTY -FIVE DOLLARS (525.00) FOR HARDBACK BOOKS THIRTY -FIVE DOLLARS ($35.00) FOR JUVENILE REFERENCE MATERIALS TWENTY DOLLARS ($20.00) FOR MUSIC CDS FIVE DOLLARS ($5.00) FOR PERIODICALS FORTY DOLLARS ($40.00) FOR CD -ROMS FORTY -FIVE DOLLARS ($45.00) FOR ALASKAN GOVERNMENT DOCUMENTS TWENTY DOLLARS ($20.00) FOR AUDIO BOOKS TWENTY -FIVE DOLLARS ($25.00) FOR VIDEOS AND DVDS TWENTY -FIVE DOLLARS (825.00) FOR INTERLIBRARY LOAN MATERIALS OR THE ACTUAL COST CHARGED TO THE CITY OF KENAI BY THE LENDING LIBRARY, WHICHEVER IS HIGHER FORTY -FIVE DOLLARS ($45.00) FOR ADULT REFERENCE MATERIALS TWENTY DOLLARS ($20.00) FOR JUVENILE KITS THIRTY -FIVE DOLLARS ($35.00) FOR MICROFILM REELS OR FOR MICROFICHE FLAT FILMS FIFTEEN DOLLARS ($15.00) FOR PAPERBACK BOOKS SIXTY DOLLARS ($60.00) FOR FISHING RODS AND REELS. C. ACTUAL COST FOR REBINDING A DAMAGED BOOK THAT MAY BE REBOUND. D. TWENTY DOLLARS (S20.00) FOR PROCTORING TESTS.] New Text Underlined; [DELETED TEXT BRACKETED -69- Resolution No. 2011 -11 Page 3 of 4 [4. REPLACEMENT CHARGES A. ONE DOLLAR ($1.00) FOR EACH LIBRARY IDENTIFIER BARCODE. B. TWO DOLLARS ($2.00) FOR LOST LIBRARY CARD, C. THREE DOLLARS ($3.00) FOR RECORD SLEEVES, HANG -UP BAGS OR AV OR CASSETTE CONTAINERS.] [5(4. DAMAGES [A. TWO DOLLARS ($2.00) PER PAGE FOR TORN OR DEFACED PAGES OR COVERS. (PAGES OR COVERS CONTAINING SCRIBBLING, WRITING OR PAGES THAT HAVE BEEN MENDED WITH SCOTCH TAPE OR LIKE MATERIAL ARE CONSIDERED DEFACED.) THE CHARGE SHOULD NOT EXCEED THE ACTUAL COST OR REPLACEMENT COST OF THE ITEM. B. IF LIBRARY MATERIALS ARE DAMAGED TO THE EXTENT THAT ANY PART OF THEM ARE ILLEGIBLE, CHARGES UNDER PARAGRAPH 3(A) ABOVE WILL BE APPLICABLE.] All fees for damaged, torn, or defaced pages or covers, including any pages or covers that have been mended with scotch tape or like material or pages or covers that contain scribbling or writing shall be as set forth in the City's schedule of fees adopted by the City Council. [615. RENEWALS Books and /or other library materials may be renewed in person, on -line or by telephone once if not reserved. [716. USE OF LIBRARY CONFERENCE ROOM Use of the library conference room is limited to general government and library related events or meetings. [8J7. EXHIBITS Only governmental or library related exhibits may be displayed at the library. 2. The Internet Offerings and Limitations policy of the Kenai Community Library Polices, is amended to read as follows: New Text Underlined' [DELETED TEXT BRACKETED] -70- Resolution No. 2011 -11 Page 4 of 4 ATTEST: INTERNET OFFERINGS AND LIMITATIONS Library access to the Internet is available at work stations that use software designed to browse the World Wide Web (WWW). Dial in access is not available through the library, You will need a current Kenai Community Library card or photo identification in order to check in for computer use. Computer use is limited to one (1) time per day, The library offers both sit -down timed stations (one (1) hour in the winter, forty -five (45) minutes in the summer) and expresses terminals (twenty (20) minutes.) You may not use your own software programs on the library computers, nor install any programs or drivers on the library computers. This will help prevent computer viruses that are common on public computers. Bring your own used disk or drive, formatted for an IBM PC compatible, if you wish to save files. There is a system printer for printing [at twenty -five cents ($0.25) per page] and the cost for printing shall be a per page cost as set forth in the City's schedule of fees adopted by the City Council. Misuse of the computer or Internet access will result in loss of your computer privileges. Because of library scheduling, Internet- trained staff may not always be available. This Resolution shall become effective on March 2, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. Carol L Freas, City Clerk Approved by Finance: -71- PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED) To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 27, 2011 "Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 201I -13 The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of' the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011-13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 2011 will become effective March 2, 2011 if adopted at the February 2 Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16 Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council. -72- the ally Cy KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -12 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE REGULATIONS FOR PUBLIC RECORDS INSPECTIONS TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE FEES AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THE FEES CHARGED FOR THAT SERVICE MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT. WHEREAS, the City Council has adopted regulations governing various fees and other charges imposed by the City for copying public records; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, 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, it is anticipated that when the Council adopts a comprehensive fee schedule, some of the fees charged by the City for the cost of copying public records may be increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the City to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. The Public Records Inspections Regulations, Section 1.01, Copies, is hereby amended as follows: 1.01 Copies. The fee for copying public records including paper documents, audio recordings, cassettes, and compact discs shall be a per copy fee as set forth in the City's schedule of fees adopted by the City Council. [IS AS FOLLOWS:] The first ten (10) copies of paper documents are free. [THERE WILL BE A CHARGE OF TWENTY -FIVE CENTS ($0.25), PLUS SALES TAX FOR EACH COPY OVER TEN (10).] New Text Underlined [DELETED TEXT BRACKETED] -73- Village with a Past, City with a Fisture" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 Rick Koch, City Manager 7/ From: Terry Eubank, Finance Director Date: January 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011-13. To: The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2 528- 2011 will become effective March 2, 2011 if adopted at the February 2" Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16 Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council. -74- e KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2011 -13 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE PUBLIC UTILITY REGULATIONS AND RATES APPENDED TO THE KENAI MUNICIPAL CODE TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE RATES, FEES, AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THOSE PUBLIC UTILITY RATES, FEES, AND CHARGES'MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT OF UTILITY RATES, FEES, AND CHARGES. WHEREAS, the City Council has adopted regulations governing various rates, fees, and charges imposed by the City of Kenai for payment of various services and fees related to the City's provision of public utility services; and, WHEREAS, the City Code provides for the establishment of a. comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, 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, it is anticipated that when the Council adopts a comprehensive fee schedule, some of the fees charged by the City of Kenai for utility services may be increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Municipal Airport to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. The Public Utility Regulations and Rates, section A, "Regulations," is hereby amended as follows: The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: New Text Underlined ;DELETED TEXT BRACKETED; -75- Resolution No. 2011 -13 Page 2 of 11 1. Application for or Change in Service: a. It shall be the responsibility of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions: a. The property owner or his or her contractor may apply for a water and sewer permit for a connection and /or exten.sion of service lines. The water and sewer permit is valid for only twelve (12) months from the date of issue. If the water and /or sewer line is not installed within twelve (12) months, a new permit, at no additional cost, will be required. b. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. The entire cost of water or sewer service connection and extension will be borne by the property owner. c. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc shall be physically disconnected from the City system and their use discontinued. All on- site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. d. All water turn -ons and turn -offs and the operations of the water valve located on the service line in the key box shall be made by City personnel only. There shall be a penalty [OF TWO- HUNDRED AND FIFTY DOLLARS ($250.00)) if a water turn -on or turn -off is done by non City personnel. A fee [OF TWENTY -FIVE DOLLARS ($25.00)1 will be levied on requests for turn -on and turn -off (after initial turn -on and not involving voluntary suspension of service) during normal duty hours and whenever such action is required due to delinquent account, A fee [OF FIFTY DOLLARS ($50.00)) will be levied on requests for turn -on or turn- off during periods other than normal duty hours or for requests to voluntarily suspend service. Turn-on and turn -off during normal working hours for line testing purposes during building construction will not he a cost to the property owner. There will be no charge for the initial turn -on during normal working hours for a first or new property owner. All penalties and fees shall be as set forth in the City's schedule of fees adopted by the City Council. New Text UnderUned• DELETED TEXT BRACKETED] -76- Resolution No. 2011 -13 Page 3 of 11 e. All customers shall be required to provide a separate valve inside a building being served. The valve shall be located on the water service entering the building ahead of any branch lines where it is readily accessible in event of emergency. f. Each and every building served by the water utility shall have a separate outside shut -off valve located in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut -off valve within the public right -of -way, the property owner shall provide the shut -off valve within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut -off valve cannot be located by City personnel, the City may install a shut -off valve and charge the property owner for related labor, equipment, and material costs, Any charge under this subsection shall be based upon actual costs as well as any applicable rates as may he set forth in the City's schedule of fees adopted by the City Council. g. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, EA] separate deposit [IS] are required ]OF FIFTY DOLLARS ($50.00)] for water service and (FIFTY DOLLARS (S50.00)] for sewer service. The amount of deposit required shall be as set forth in the City's schedule of fees adopted by the City Council. These deposits may be refunded upon request after two years of timely payment history. 4. Charge for Water and /or Sewer Services: a. The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water. However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay only the water portion of the bill. The property owner is required to notify the City before they start using the Municipal Sewer System. b. Property owners will be allowed to suspend water and /or sewer services subject to the fees in subsection (A)(2)(d c. Property owners whose water is turned off by the City for non- payment of services will be required to follow subsection (2)(d) including the payments for water turn -offs and turn -ons. 5. Hydrants: New Text Underlined [DELETED TEXT BRACKETED) _77_ Resolution No. 2011-13 Page 4 of 11 a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit [OF TWO HUNDRED DOLLARS ($200.00)] is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non refundable, [IS FORTY DOLLARS ($40.00) PER DAY] shall be a daily fee, The deposit and daily use charge shall be as set forth in the City's schedule of fees adopted by the City Council. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the [RATE SCHEDULES] City's schedule of fees adopted by the City Council. c. The permit holder is required to use a hydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully opened. If using a hydrant to fill a tank, users must comply with State of Alaska DEC requirements for a minimum eight -inch (8 air gap on the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during City water shortages). The fire hydrant permit holder is required to maintain current up -to -date contact numbers with the City. 6, Common Connections: There shall be no water and /or sewer common extensions for use by several properties or families. No connection or extension will be permitted across property lines unless they are located in a public utility easement. Every lot or individual parcel will have its own water line, valve, and meter (if not paying a flat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire for the water service. The standard key box marker shall be a four -inch (4 by four -inch (4 by eight -foot (8') wood post, four feet (4') in height above ground, painted white with black top and the word water stenciled in black letters no less than two inches (2 high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand all cost of location in time of necessity. 8. Sewer Service Clean -Out: No person shall install a sewer extension to a building without placing in the line near the building and New Text Underlined DELETED TEXT 6RACl {ETEDI _78_ Resolution No. 2011 -13 Page 5 of 11 at every change of direction of the sewer line, a sewer line clean-out of four -inch (4 minimum diameter. It shall be the property owner's responsibility to know the location of and have marked the sewer service cleanout. 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. 2. The Public Utility Regulations and Rates, section B, `Rates," is hereby amended as follows: The charges to users of water and sewer systems within the City of Kenai are as follows: 1. SCHEDULE A— GENERAL DOMESTIC SERVICE RATES (NON METERED) ONE OR TWO FAMILY RESIDENCE, PER FAMILY UNIT SINGLE OR DOUBLE UNIT APARTMENT, PER FAMILY UNIT APARTMENT, THREE OR MORE UNITS UNDER ONE ROOF, PER FAMILY UNIT SINGLE BILL ASSUMED BY OWNER 10.38 30.34 SEPARATE BILLING 13.78 40.35 TRAILERS, ONE OR TWO ON SINGLE LOT OR COURT (EACH) 13.78 40.35 TRAILERS, THREE OR MORE ON LOT OR COURT, PER TRAILER UNIT: SINGLE BILLING 10,38 30.34 SEPARATE BILLING 13.78 40.35 BOARDING HOUSES, PER AVAILABLE ROOM 3.67 10.89( All non metered general domestic service rates shall be as set forth in the City's schedule of fees adopted by the City Council. [MINIMUM CHARGE:1 Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. New Text Underlined' (DELETED TEXT BRACKETED -79- [PER MONTH WATER Sewer $13.78 S40.35 13.78 40.35 Resolution No. 2011 -13 Page 6 of 11 [SPECIAL CONDITIONS:] The City's fee schedule for general domestic service rates [ABOVE SCHEDULE] is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. 2. SCHEDULE B- COMMERCIAL SERVICE (NON METERED) [PER MONTH WATER SEWER DEMAND CHARGE: (APPLICABLE TO INDIVIDUAL CUSTOMERS WHERE WATER CONNECTION IS ONE INCH (1 OR LARGER, AND IS RATED ON THE EQUIVALENT LINE SIZE. THIS IS IN ADDITION TO THE USE CHARGE.) 1.00 INCH SERVICE 1.25 INCH SERVICE 1.50 INCH SERVICE 2.00 INCH SERVICE 3.00 INCH SERVICE LARGER THAN 3.00 INCH SERVICE USE CHARGE: BAKERY 40.60 118.01 BATH HOUSE, TUB OR SHOWER, EACH 9.32 26.69 BO'I I'LING WORKS, PER B01'ILING MACHINE 320.77 935.68 BOWLING ALLEYS AMUSEMENT PARKS 38.60 113.10 CAR LOT, WITH CAR WASH FACILITIES 19.30 56.20 CAR WASH, AUTOMATIC, PER FACILITY 173.03 502.96 CAR WASH, SELF- SERVICE, PER STALL 25.95 75,16 CHURCHES, LODGES, CLUBS, BANQUET ROOMS (NO BAR OR RESTAURANT FACILITIES), PER SEAT .15 .43 CLEANERS AND COMMERCIAL LAUNDRIES, PER 111,14 323.13 FACILITY DAIRIES- INSTALLATION OF WATER METER REQUIRED DAY CARE CENTER OR PRESCHOOL (IN ADDITION TO OTHER APPLICABLE DOMESTIC OR COMMERCIAL CHARGE). PER CHILD, MAXIMUM CAPACITY .56 1.62 New Text Underlined [DELETED TEXT BRACKETED -80- 13.98 21.30 35.27 53.24 79.86 119.79 40.74 60.41 102.56 153.1.4 231.81 348.42 Resolution No. 2011 -13 Page 7 of 11 DOCTORS' AND DENTISTS' OFFICES, PER ROOM OR CHAIR (PSYCHIATRISTS AND OPTOMETRISTS APPLY OFFICE RATE) 8.32 24.24 GARAGE, SERVICE STATIONS 16.64 49.17 ADDITIONAL CHARGE FOR RECREATION AL VEHICLE DUMP STATIONS (MAY THROUGH SEPTEMBER ONLY) 19.30 56.20 HANGAR, AIRPLANE REPAIR WITH WASHING FACILITIES RESTAURANTS, CAFES, LUNCH COUNTERS, FOUNTAINS, TAVERNS AND BARS (WITH KITCHENS) FOR EACH SEAT (NOTE 2) PUBLIC OFFICE BUILDING, PER RESTROOM RECREATION FACILITY, PER RESTROOM, SAUNA OR SHOWER, ETC. 1.20 RECREATIONAL VEHICLE /CAMPER PARK, PER PARKING SPACE (DEMAND CHARGE ONLY FROM OCTOBER THROUGH APRIL) 9.32 SCHOOLS, PER SEATING CAPACITY .56 New Text Underlined• [DELETED TEXT BRACKETED] -81- PER MONTH WATER SEWER S 16.64 48.82 19.29 56.20 HOSPITALS, PER BED 10.99 32.31 HOTELS, MOTELS, RESORTS, PER ROOM 8.65 24.94 LAUNDRY, SELF- SERVICE, PER MACHINE 15.65 45.31 MARKETS, MEAT 21.30 61.82 OFFICE BUILDINGS WHERE SINGLE BILL IS ASSUMED 18.63 53.39 BY OWNER, PER BUSINESS OFFICE, IN MULTIPLE OFFICE BUILDING WHERE INDIVIDUAL TENANTS ARE BILLED, PER BUSINESS 21.30 61.82 3.59 4,79 14.05 9.32 27.04 27.04 1.62 Resolution No. 2011 -13 Page 8 of 11 SHOPPING CENTERS (DEPENDS ON STORES INCLUDED IN SHOPPING CENTER, NOTE 1) 9.66 28.10 SHOPS, BEAUTY, PER STATION OR CHAIR 9.66 28.10 SHOPS, MISCELLANEOUS (INCLUDING BARBER SHOPS), 9.66 28.10 PER SHOP SLEEPING ROOM, PER ROOM (WITHOUT FACILITIES FOR 3.67 10.89 HOUSEKEEPING) STUDIOS, PHOTO OR PHOTO LAB SUPERMARKETS (GROCERY STORES) THEATERS: INDOOR, PER SEAT .07 OUTDOOR, PER STALL .07 TAVERNS, LOUNGES, BARS (WITHOUT KITCHENS), PER SEAT X -RAY OR LABORATORY OFFICE New Tex[ Underlined; [DELETED TEXT BRACKETED] -82- 45.59 133.47 109.48 318.92 .19 .19 PER MONTH WATER SEWER 1.14 3.37 27.29 79.38 NOTE 1: ADDITIONAL FOR OTHER FACILITIES SUCH AS RESTAURANT, BEVERAGE DISPENSARY, ETC., ARE AT THE APPLICABLE USE CHARGE FOR EACH FACILITY. NOTE 2: WHEN A RESTAURANT SERVES LIQUOR AND HAS NO SEPARATE BAR, NO ADDITIONAL CHARGE FOR A BAR WILL BE APPLIED. HOWEVER, WHEN A RESTAURANT HAS A SEPARATE BAR, THE BAR STOOLS WILL BE CHARGED AT THE GIVEN RATE.] All non metered, commercial service rates shall be as set forth in the Citv's schedule of fees adopted by the City Council. [MINIMUM CHARGE:] Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. Resolution No. 2011 -13 Page 9 of 11 [SPECIAL CONDITION:] Where more than one (1) customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive right to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. Cesspool Pumper Charge: The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be [THIRTY DOLLARS ($30.00)] flat fee per one hundred (100) gallons as set forth in the City's schedule of fees adopted by the City Council. The gallons delivered shall be as estimated by the sewer treatment plant operator. 3. SCHEDULE C— INDUSTRIAL SERVICE (NON METERED) CONCRETE MIXING PLANT $175.69 $512.80 CONCRETE PRODUCTS 87.85 255.70 CONFECTIONER 58.56 170.00 GREENHOUSE, COMMERCIAL 58.56 170.00 ICE CREAM PLANT 87.85 255.70 COLD STORAGE PLANT OR LOCKERS 41.26 119.42 DEMAND CHARGE: NOTE: SCHEDULE B DEMAND CHARGE ALSO APPLIES TO SCHEDULE C SERVICES. MINIMUM CHARGE:] All non metered. industrial service rates shall be as set forth in the City's schedule of fees adopted by the City Council. The demand charges for non- metered commercial services also apply to non metered industrial service. Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. 4. SCHEDULE D —FIRE PROTECTION SERVICE There is no charge fTF }or automatic sprinkler systems[: NO CHARGE] [SPECIAL CONDITIONS:) New Text Underlined (DELETED TEXT BRACKETED] -83- [PER MONTH WATER SEWER Resolution No. 201 1 -13 Page 10 of 11 (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and /or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer, (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (I) In times of emergency, the right is reserved by the City to turn off any fire hydrant and /or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E— METERED SERVICE GENERAL USAGE, PER THOUSAND GALLONS OF WATER HYDRANT USE AND OTHER USE, PER ONE THOUSAND (1,000 GALLONS OF WATER 2.00 MINIMUM MONTHLY CHARGE: ALL USAGE, FIh PEEN THOUSAND (15,000) GALLONS OF WATER GENERAL USAGE $19.95 [PER MONTH WATER SEWER $1.33 4.00 $60.00 MINIMUM CHARGE :1 Each month's minimum charge for metered service is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. The remote reading unit shall be installed in an area that is readily accessible to the City. Meter repair as necessary, shall be made by the owner within thirty (30) days or by the City with costs billed to the owner. The City New Text Underlined [DELETED TEXT BRACKETED] -84- Resolution No. 2011 -13 Page 11 of 11 may allow the amount of water to be used from a. hydrant to be determined by tank volume and paid by the metered service rate. [6. A. WATER B. SEWER ATTEST: SCHEDULE F PERMIT FEES INSPECTION FEES FOR NEW WATER AND SEWER SERVICE LINE (ONE TIME CHARGE): Carol L. Freas, City Clerk Approved by Finance: 74 $200.00 $200 .00j 3. This Resolution shall become effective on March 2, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] -85- "Viffle with a Past, Gity with a Future" FINANCE DEPARTMENT 210 FideIgo 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 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011 -13. The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520-2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 2011 will become effective March 2, 2011 if adopted at the February 2nd Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16 Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council, -86- c410/ RENALALASKA Suggested by: Counselors Brian Gabriel and Joe Moore CITY OF KENAI RESOLUTION NO. 2011 -14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SOUND FISHERIES MANAGEMENT PRACTICES AND DIVERSIFIED HARVEST OPPORTUNITIES IN THE COOK INLET. WHEREAS, the City of Kenai has benefited. from healthy well managed salmon runs as a central part of its economy and quality of life for its citizens and visitors for over one hundred years; and, WHEREAS, over the past several years, State of Alaska fishery policymakers have adopted regulations to increase opportunities for Alaska residents to harvest certain species of salmon, but have done so without regard to the impacts of those fisheries have on our community; and, WHEREAS, over the past several years, Cook Inlet commercial fishers have experienced substantial reductions in fishing opportunities that adversely impacted their businesses and our local economy, while other users have not been burdened by the same conservation or harvest reallocation measures; and, WHEREAS, the City has invested several hundred thousand dollars in an attempt to mitigate the impact of the resident -only fishery, by building infrastructure solely for the benefit of this fishery, often at the expense of spending capital on projects that would be otherwise utilized by citizens year around; and, WHEREAS, in addition to business opportunities for many citizens of the Kenai Peninsula Borough and the State of Alaska, the Cook Inlet commercial salmon industry is a critical component of our local economy because it provides jobs and is a reliable tax base on both real and personal property; and, WHEREAS, because it has been able to rely on a predictable stream of salmon harvested in Cook Inlet during summer months, the local seafood processing industry has been able to expand its season by months and now includes processing other species such as halibut and cod, as well as fish flown in from other regions of the State; and, WHEREAS, the local commercial salmon industry is a vital part of our local economy because it is supported by local commercial fishers, processors and the many vendors that rely on its business year around.; and, WHEREAS, improvements in salmon handling and quality in both the commercial harvest and processing sector has resulted in salmon prices nearing 20 -year highs substantially increasing fish taxes to the Borough and the City of Kenai; and, -87- Resolution No. 2011 -14 Page 2 of 2 WHEREAS, adoption of regulations that significantly reduce the opportunities for Cook Inlet commercial fishers to harvest and process salmon during its traditional summer season, without a sound biological reason for doing so, will result in long -term and perhaps irreversible damage to our local economy; and, WHEREAS, the Alaska Department of Fish Game, 2011 Upper Cook inlet Sockeye Salmon Forecast indicates a commercial salmon harvest of 4.4 to 4.8 million salmon in Cook Inlet, most of which will be processed within the City of Kenai, and suggests managers have reached an acceptable balance between the needs of competing salmon harvesters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, as follows: Section 1: Supports sound fisheries management practices in Cook Inlet specifically with respect to the Kenai River salmon runs; and, Section 2: Respectfully requests the State of Alaska Board of Fisheries to recognize the historical and economic significance of the salmon runs that return to the Kenai River by avoiding adoption of regulations that reduce opportunities for Cook Inlet commercial harvesters and City of Kenai fish processors without a sound biological reason for doing so. Section 3: Upon passage, a copy of this resolution shall be forwarded, to Governor Sean Parnell, Alaska Department of Fish Game Commissioner Cora Campbell, Alaska Board of Fisheries members (individually), Senator Tom Wagoner, Speaker of the House Mike Chennault, and Representative Kurt Olson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. ATTEST: Carol L. Freas, City Clerk -88- PAT PORTER, MAYOR KEW ALASKA MEMORANDUM TO: Mayor and Council Members FROM: Counselors Brian Gabriel and Joe Moore DATE: January 27, 2011 RE: RESOLUTION NO. 2011-14 "Villaye 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 The Board of Fish is meeting in Anchorage February 20, thru March 5, 2011 to consider Upper Gook Inlet Finfish regulations. The decisions the Board of Fish has made over the years relating to Cook Inlet Fisheries have impacted the City of Kenai in many ways. The most obvious impacts are the increases in traffic, increased use of our public beaches, increased boat traffic in the lower Kenai River, and increased use of the harbor facilities during the month of July. Additionally, the Board of Fish's previous decisions to increase the escapement goals into the Kenai River, coupled with Kenai River dip net fishery harvests this past year of nearly 400,000 sockeye salmon, have resulted in Iost opportunities and income to area commercial fisherman and local fish processors. This has also translated into lost income to the City of Kenai and its citizens. The purpose of this resolution is not to encourage the elimination of any ex-is fisheries, but only to ask for the preservation of historical fisheries the City o and its residents have relied upon for many years. Thank you for your consideration of Resolution No. 2011 -14. -89- g enai ALASKA DEPARTMENT OF FISH AND GAME DIVISION OF COMMERCIAL FISHERIES NEWS RELEASE Cora Campbell, Co, nnrssioner Sue Aspelund, Acting Director Contact: Mark Willette, Research Project Leader Jeff Fox Pat Shields, Area Management Biologists Phone: (907) 262 -9368 Fax: (907) 262 -4709 2011 UPPER COOK INLET SOCKEYE SALMON FORECAST The preliminary forecast of the 2011 Upper Cook Inlet sockeye salmon run is as follows: TOTAL PRODUCTION: Total Run 6,4 Escapement 1.6 -2.0 Harvest 4.4 -4.8 Forecast Estimate Forecast Range (millions) (millions) Soldotna ADF &G 43961 Kalifornskv Beach Rd. Suite B Soldotna, AK 99669 Date Issued: 1/13/2011 4.1 10.3 Forecast Methods The major sockeye salmon systems in Upper Cook Inlet (UCI) are the Kenai, Kasilof, Susitna, and Crescent Rivers, and Fish Creek. Spawner, return, sibling, fry, and smolt data, if available, were examined for each system. Four models were used to forecast the run of sockeye salmon to UCI in 2011: (1) the relationship between adult returns and spawners, (2) the relationship between adult returns and fry, (3) the relationship between adult returns and smolts, and (4) the relationship between sibling adult returns. Several forecast models were evaluated for each stock and age class. Models providing the smallest mean absolute percent error (MAPS) between the forecasts and actual runs over the past 10 years were generally used. In most cases, these were sibling models. Forecast model predictions based on spawners, fry, smolt or siblings were compared to evaluate uncertainty. The returns of ages 1.3, 2.2, and 2.3 sockeye salmon to the Kenai River in 2011 were forecast using sibling models. For example, the sibling -model prediction of the return of age 1.3 sockeye salmon was based on the abundance of age 1.2 sockeye salmon in 2010. A spawner recruit model prediction of the age 1..2 sockeye salmon return was based upon spawner abundance in 2007. Smolt models were used to forecast the returns of age 1.2, 1.3, 2.2, and 2.3 sockeye salmon to the Kasilof River. The smolt model used to forecast the return of age 2.2 sockeye salmon to Kasilof River included smolt weight as a covariate. -90- 2011 UC1 Sockeye Salmon Forecast January 13, 2011. The total escapement of sockeye salmon to the Susitna River was forecasted using the recent 5 -year average aggregate escapement into Judd, Shell, Chelatna, and Larson lakes expanded to the entire Susitna River watershed using mark recapture abundance estimates from 2006 -2009. The total run of Susitna River sockeye salmon to UCI was forecasted using the escapement and the mean harvest rate estimated from genetic stock composition of the commercial harvest in 2007 -2009, The sockeye salmon forecast for unmonitored systems in UCI was estimated as 15% of the aggregate forecast for the 5 major stocks. The fraction of the total run destined for unmonitored systems was estimated using genetic estimates of the stock composition of offshore test fishery harvests. An aggregate range of sockeye salmon escapements was calculated for this forecast due to uncertainty regarding actions that may be taken at the upcoming Alaska Board of Fisheries meeting. Aggregate escapements were estimated from the stns of the midpoints of the escapement goal ranges for each of the major sockeye salmon producing systems in UCI and the escapement into unmonitored systems (estimated as 15% of the aggregate escapement into monitored systems). Beginning in 2011, ADF &G will be counting sockeye salmon escapements on the Kenai and Kasilof rivers using new dual frequency identification sonar (DIDSON). ADF &G has established new escapement goals for Kenai late -run sockeye salmon (700,000- 1,200,000) and Kasilof sockeye salmon (160,000- 340,000) based upon this new sonar system. The lower aggregate bound of sockeye salmon escapements was calculated using the midpoint (850,000) of the current Kenai late -run sockeye salmon inriver escapement goal (750,000- 950,000) given the 2011 Kenai sockeye salmon forecast (3.9 million). The upper aggregate bound of escapements was calculated by applying the mean expansion factor (1.4) between historical Kenai Bendix and DIDSON sonar counts to the midpoint of the inriver goal (850,000). The total harvest by all user groups was estimated by subtracting the lower and upper bounds of the aggregate escapement range from the total run forecast for all stocks. The estimated sport harvest upstream of the sonar at river mile 19 on the Kenai River was subtracted from the aggregate escapement into monitored systems. The total run forecast range was calculated by multiplying the forecast times the upper and lower values of the percent error of the actual runs from published forecast runs from 2001 through 2010. Forecast Discussion In 2010, the harvest of sockeye salmon by all user groups in UC1 was 3.6 million, while the preseason forecast was 2.3 million. The higher than expected harvest in 2010 was largely due to an above forecast run to the Kenai River. In 2010 the total run was 3.3 million to the Kenai River, 847,000 to the Kasilof River, 256,000 to the Susitna River, 1.31,000 to the Crescent River, and 209,000 to Fish Creek. The 2010 run forecast was 1.7 million to the Kenai River, 901,000 to the Kasilof River, 542,000 to the Susitna River, 148,000 to the Crescent River and 142,000 to Fish Creek. A run of 6.4 million sockeye salmon is forecasted to return to UCI in 2011 with a harvest by all user groups of 4.4 -4.8 million. The forecasted harvest in 2011 is 0.6 -1.0 million fish above the 20 -year average harvest by all user groups of3,8 million. The run forecast for the Kenai River is 3.9 million, which is 9% greater than the 20 -year average run of 3.6 million. Age 1.3 sockeye salmon typically comprise about 64% of the run to the Kenai River. .A sibling model based upon the return of age 1.2 sockeye salmon in 2010 (663,000; 20 -year average: 373,000) predicted a Aluska Department Fish and Game 2 Division of Commercial fisheries -91- 2011 UCI Sockeye Salmon Forecast January 13, 201 I return of 3.0 million age 1.3 sockeye salmon. A fry model based upon the abundance of age -0 fry rearing in Skilak and Kenai lakes in the fall of 2007 (9.1 million; 20 -year average: 17.8 million) predicted a return of 1.4 million age 1.3 sockeye sahnon. The sibling model was used for this forecast, because the 10 -year MAPE was lower for the sibling model (25 than the fry model (62 Age 2.3 sockeye salmon typically comprise about 17% of the run to the Kenai River. A sibling model based upon the return of age 2.2 sockeye salmon in 2010 (171,000; 20- year average: 248,000) predicted a return of 275,000 age 2.3 sockeye salmon in 2011. A fry model based upon the abundance of age -1 fry rearing in Skilak and Kenai lakes in the fall of 2007 (8.9 million; 20 -year average: 1.6 million) predicted a return of 1.6 million age 2.3 sockeye salmon. The sibling model was used for this forecast because the 10 -year MAPE was lower for the sibling model (28 than the fry model (115 The forecasted age 2.3 return is 56% less than the 20 -year average return for this age class. The predominant age classes in the 2011 run should be age 1.3 (75 age 1.2 (9 and age 2.3 (7 The 10 -year MAPE for the set of models used for the 2011 Kenai sockeye salmon run forecast was 29 The sockeye salmon run 'forecast for the Kasilof River is 929,000, which is 3% greater than the 20 -year average run of 902,000. Age 1.3 sockeye salmon typically comprise about 35% of the run to the Kasilof River. The forecast for age 1.3 sockeye salmon is 325,000, which is 3% greater than the 20 -year average return (315,000) for this age class. .A smolt model based upon the abundance of age -1 sockeye salmon smolts in 2008 was used to forecast the return of age 1.3 sockeye salmon in 2011. The abundance of age -1 smolts in 2008 was 4.3 million, which is equal to the 20 -year average abundance for this age class. A sibling mode! predicted a return of 316,000 age 1_3 sockeye salmon. The smolt model was used for this forecast because the 10- year MAPE was lower for the smolt model (23 than the sibling model (27 Age 1.2 sockeye salmon typically comprise about 30% of the run. The forecast for age 1.2 sockeye salmon is 242,000, which is 12% less than the 20 -year average return (274,000) for this age class. A smolt model based upon the abundance of age -1 smolts (2.1 million) in 2009 was used to forecast the return of age 1.2 sockeye salmon in 2011. A sibling model forecasted a return of 309,000 age 1,2 sockeye salmon. The smolt model was used for this forecast because the 10- year MAPE was lower for the smolt model (39 than the sibling model (50 Age 2.2 sockeye salmon typically comprise about 24% of the run. The forecast for age 2.2 sockeye salmon is 286,000, which is 34% greater than the 20 -year average return (213,000) for this age class. A smolt model based upon the abundance and mean weight of age -2 smolts in 2009 was used to forecast the return of age 2.2 sockeye salmon in 2011. The abundance of age -2 smolts in 2009 was 1.5 million, which is 9% Less than the 20 -year average abundance (1.7 million) for this age class. The mean weight of age -2 smolts in 2009 was 6.8 g, which is 22% greater than the 20 -yr average smolt weight (5.5 g). The predominant age classes in the 2011 run should be age 1.2 (26 age 1.3 (35 and age 2.2 (31%). The 10 -year MAPE for the set of models used for the 2011 Kasilof sockeye sahnon run forecast was 27 The sockeye salmon run forecast for the Susitna River is 463,000, which is 61% less than the 20- year average run of 780,000. This forecast was derived from historical aggregate weir counts rather than sonar and age composition catch allocation models, because recent mark recapture studies have shown that the Yentna sonar project underestimated sockeye salmon escapement causing estimates of adult returns to also be underestimated.. Since this is only the second year a weir -based method has been used, no MAPE can be estimated. However, the 2010 forecast was 112% greater than the estimated actual run. The 20 -year average run was calculated by expanding sonar abundance estimates using mark recapture and genetic stock composition estimates. Alaska Deportment of Fish and Game 3 Division of Commercial. IS -92- 20) 1 UCI Sockeye Salmon Forecast January 13, 2031 The sockeye salmon run forecast for Fish Creek is 105,000, which is 10% less than the 20 -year average run of 116,000. Age 1.2 and 1,3 sockeye salmon typically comprise 78% of the run to Fish Creek. A fry model based upon the estimated abundance of age -0 fry entering Big Lake in 2008 (7.1 million; 15 -year average: 13.7 million) predicted a return of 45,000 age 1.2 sockeye salmon. A sibling model based upon the abundance of age '1.2 sockeye salmon returning in 2010 predicted a return of 37,000 age 1.3 sockeye salmon in 2011. The age 1.2 forecast is 26% less than the 20 -year average return (61,000) for this age class, while the age 1.3 forecast is 23% greater than the 20 -year average return (30,000). The predominant age classes in the 201.1 run should be age 1.2 (43 age 1.3 (35 and age 2.2 (1.2 The sockeye salmon run forecast for Crescent River is 131,000, which is 26% greater than the 20 -year average run of 104,000. Age 1.3 and 2.3 sockeye salmon typically comprise 75% of the run to Crescent River. Sibling models based upon returns of age 1.2 and 2.2 sockeye salmon in 2010 were used to forecast returns of age 1.3 (75,000) and 2.3 (31,000) sockeye salmon in 2011. The predominant age classes in the 201.1 run should be age 1.3 (58 and age 2.3 (24%). Run forecasts to individual freshwater systems are as follows: System Crescent River Fish Creek Kasilof River Kenai River' Susitna River Larson Lake Cheiatna Lake Judd Lake Unmonitored Systems Total OTHER SALMON SPECIES The preliminary forecast of the 201 I commercial harvest of other salmon species is as follows: Forecast Methods Natural Production: Pink Sairnon Chum Salmon Coho Salmon Chinook Salmon See methods section for explanation of Kenai late -run soot Alaska Depart of Fish and Came Run 131,000 105,000 929,000 3,941,000 463,000 NA NA NA 835,000 6,404,000 Goals 30,000- 70,000 20,000- 70,000 160,000 340,000 1 50,000 20,000 65,000 20,000 55,000 NA Commercial Harvest Forecasts 4 -93- ye'salmo 106,000 101,000 178,000 14,000 oafs. Division of Commercial Fisheries 2011 1101 Sockeye Salmon Forecast .January 13, 2011 The recent 5 -year average commercial harvest was used to forecast the harvest of chum, coho, and Chinook salmon in 2011. The forecast for pink salmon was based upon the average harvest during the past 5 even numbered years. Forecast Discussion The recent 5 -year average commercial harvest was used in the forecast, because regulatory changes have substantially restricted harvests of these species in recent years. For more information contact Mark Willette, Jeff Fox, or Pat Shields at the Soldotna ADF&G office at (907) 262 -9368. Alaska Department of Fish and Game -94- Division of CommeI Snug Harbor Salamatof Dragnet Fisheries (Port of Kenai, LLC.) Pacific Star Seafood's inc. Kenai Landing inc Inlet fisheries (Wild Pacific Salmon, Inc.) Ocean Beauty -95- MOST RECENT KENAI PEN "LA BOROUGH ASSESF_Z VALUES FOR FISH PROCESSING FACILITIES LOCATED IN THE CITY OF KEN.AI Two parcels in VIP area 01726061 $116,800 b. 04936040 100 2. Dock on City Land 04901132 686,200 1. Main- Cannery Area 04901401 980,400 2. Tidelands Dock 04901402 162,900 3. Tidelands Leased from City 0490/403 57,500 1. Large Lot behind dock 04901123 222,500 2. Dock area leased from City 04901124 577,600 3. Plant area leased from City 04901131 1,241,400 4, Large lot upriver from dock leased from City 04901130 374,000 1. Tidelands in front of plant and dock 04705702 167,900 Z. Lot upriver bordering Salamatof Plant lot 04901113 562,800 3. Main lot with plant and dock 04705703 2,805,800 1, Vacant lot upriver from main area 04910124 326,600 2. Main Cannery area and all buildings 04910123 2,096,100 3. Two dock: and tidelands 04910103 399,000 1. Leased from City 04910106 1,472,100 1. Dock down river of Dragnet dock leased from City 04901404 134,000 Total Alf Rase ssed value 12,384,800 February 3, 2011 Ms. Shirley Gifford, Director Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 2011/2012 LIQUOR LICENSE RENEWAL Peninsula Oilers Baseball Club Inc., d/b /a Peninsula Oilers At its regular meeting of February 2, 2011, the Kenai City Council considered the following renewal of the liquor license applicant(s) Iisted below and raised no objections to the renewal(s) based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Peninsula Oilers Baseball Club, Inc., d/b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant -96- January 13, 2011 Ms. Shirley Gifford, Director Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Gifford, 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, JB /klr 3ohni Blankenship, CMC Borough Clerk cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 -4441 Ext, 2160 Email: assemblyclerk ©borough.kenai.ak.us Peninsula Oilers Recreational Site Seasonal City of Kenai 846 -97- JOHNI BLANKENSHIP BOROUGH CLERK Phone: Email: Mailing Address Peninsula Oilers Baseball Dub Inc PO Box 318 KenaiAK 99611 Please mark the correct box to answer: Name Mailing Address A-6.8 r Lig ffc> Or 2244- ircr, fctrr* A-t 6 1ir JO*.) 0$ StrIcr' P`C' b q Orirrrkr ;Mr r‘f L., it 1/4 944? .tr4rarre r. 40 PCikaok Their f:e...06ithr:Ccrer irlrantirCr;orr-rr etc:rt. enic4port.ct.9 -98- List all corporation members, managers and shareholders below: RECEIVED JAN 11 2011 crri ct. /2012 Liquor License Renewai License Number I License Tyke 846 I I Recreational Site-Seasonal Season License 1:5rrasortat Front Or /11 Orr:- NeamrilDrr 1N /3 /Art tar. ZE21 i F ax: 4ti 2.Frrr 6 -17447Ar P 64 it.% LI or‘r. Establishment Same Peninsula Oilers Premise Address Tinker Lane Lawton Dr Kenai Kenai Peninsula Borough 1. Was your establishment open for business at least 30 days in 2009? pYes EiNo 2. Was your establishment open for business at least 30 days in 2010? ViYes DNo 3. Has the licensed premise changed from the last diagram submitted? LI Yes No 4. Has any person named in this application been convicted of a felony? aVes IS,No Title Share Phone tcrict-tt -2.42z. go q3 /4.5, et cif 242- trc If not a corporation or LLC List all individuals, spouses, or partners that own business below: Name Mailing Address Title Phone irtrr t ,trrr rrr ABC Board 5842 E. Tudor Rd Anchorage, AK 99507 Page i of 2 Phone: 907-269-0350 Fax: 907-269-9412 License F ee Application Fee Late Fee $400.00 5200.00 By affixing my signature below: I declare under penalty of perjury that F have examined this application and to the best of my° knowledge and belief state it is true, correct and complete. I certify that i have read and am familiar with Title 4 of the Alaska s tatutes 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. entity to which license is issued), I certify that 1 have receive certification is currently valid. s Public in and for the State of ornmission expires: 1 7 Z6 ABC Board 5848 r. Tudor Rd Anchorage. AK 99507 Phone: 907 269 -3350 Fax: 907- 269 -9412 -99- nt Fee TOTA reholder, memhe B ohol server training an my As a licensee, 1 certify that all other persons named as partners, officers, directors, shareholders, or members have received alcohol server training and their certification is currently valid. As a licensee, I certify that all my agents and employees tasked with patron identification verification have received alcohol server training and theft certification is currently valid. to before me this February 3, 2011 Ms. Shirley Gifford, Director Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1.286 RE: 2011/2012 LIQUOR LICENSE RENEWAL George Pitsilionis, d/b /a Pizza Paradises At its regular meeting of February 2, 2011, the Kenai City Council considered the following renewal of the liquor license applicant(s) listed below and raised no objections to the renewal(s) based on unpaid taxes, delinquent taxes or obligations of the premises to the City. George Pitsiiionis, d/b /a Pizza Paradisos (Beverage Dispensary, License #3032) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant -100- January 13, 2011 Ms. Shirley Gifford, Director Aicohoiic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non- Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Gifford, 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 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1 800 4784441 Ext, 2160 Email: assemblyclerk @borough.kenai.ak.us Pizza Paradisos Beverage Dispensary City of Kenai 3032 -101- JOHNI BLANKENSHIP BOROUGH CLERK License Number 3032 Mailing Address George Pitsiiionis P0 Box 2917 kenatAK 99611 Phervo: Email: RECEIVED I JAN 11 2:011 KENAI CITY CE.g:FIK 2011/2012 Liquor License License Type Beverage Dispensary Seasonal License 1Seasonal Prom:: Please mark the correct box to answer: Fax 1. Was your establishment open for business at least 30 days in 2009? 2. Was your establishment open for business at least 30 days in 2010? 3. Has the licensed premise changed from the last diagram submitted? 4. Has any person named in this application been convicted of a felony? List ali corporation members, managers and shareholders below: Name Madill° Address Title If not a corporation or LLC List all individnais, spouses, or partner that own business heiow: Name Mailing Address f ‘,4 ty.; Title ABC Board 5848 E. Tudor Rd Anchorage, AK 99507 Phone: 907-269-0250 Fax: 907-269-9412 -102- eisassina Establishment Name Pizza Paradises Premise Address Kenai Spur Main Sr Kenai Kenai Peninsula Borough Share 1:ntes ON° :tes uNo Yes Olies pC1.1No 1 Phone ABC SA5N;:R3ge 1 of 2 Phone 3 License Fee $2500.00 5200.00 By affixin Application Fee anatu I declare under penalty of perjury that. I have examined this application and to the hest of my knowledge and belief state it is true, correct and complet I certify that l 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 is support of this application. As a licensee (a sole proprietor, partner er officer, direct entity to which license is issued), 1 certify certification is currently valid. Late Fee j Fingerprint Fee ToTAi, As a licensee, I certify that all other persons named as panne shareholders, or members have received alcohol server traini ante a currently valid, As a licensee, I certify verification have rec Lie ens Notary Signature Notary Public in and for the State My commission expires: .ABC Board 5848 E. Tudor Rd Anchorage. A Phone: 967- 269 4)350 Fax: (1f)7 -265 y agents and employees tasked with patron identification ohol server training and their certification is currently valid. -103- Prin Subscribed and sworn to before me this y day of Fublte ALLO Alaska p res eeb •ehoider me ohoi server d Name Title s, directo the and my ion is February 3, 2011 Ms. Shirley Gifford, Director Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1285 RE: 2011/2012 LIQUOR LICENSE RENEWAL Three Bears Alaska, Inc., d/b /a Three Bears Alaska, Inc. At its regular meeting of February 2, 2011, the Kenai City Council considered the following renewal of the liquor license applicants) listed below and raised no objections to the renewal(sj based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Three Bears Alaska, Inc., d/b /a Three Bears Alaska, Inc. (Package Store, License No.4118) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Fleas Ciry Clerk elf cc: Kenai Borough Clerk KPB Finance Department Applicant -104- January 13, 2011 Ms. Shirley Gifford, Director Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Gifford, 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, o r 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 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1 800 478 4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us Three Bears Alaska Inc. Package Store City of Kenai 4118 -105- JOHNI BLANKENSHIP BOROUGH CLERK License Number 4118 if Se i■ lEai fng Address Three Bears Alaska Inc 445 N Pittman Rd.< Ste, B bVa.sillaAK 99654 Phone: Email: s te a p(w Please mark the correct box to answer: 2. Was your establishment open for business at least 30 days in 2009? 2, Was your establishment open for business at least 30 days in 2010? des ❑No 3. Has the licensed premise changed from the last diagram submitted? 4. Has any person named in this application beet convicted of a felony? Dye, 5. This renewal application includes the notice required under AS 04.11.150(a) to sell alcoholic beverages in response to written orders. EN/es '1No List all corporation members, managers and shareholders below: Name ?Mailing Address Title 1 Share 0 i IEms.° 5e 0.'c <J�-- below: corporation or LLC List all individnais, spouses. or partners that own business Name Mailing Address RECEIVED I JAN b ?r ii 2011/2012 Liquor License Rene a E? P` :r License Type Package Store -106- Fax: 5 Tit Establishment Name Three Bears Premise Address 10575 Kenai Spur Wiry Kenai Kenai Peninsula Borough Phone ONo ABC Board 5848 E. Tudor Rd Anchorage, AK 99507 Pace i of 2 Pbone: 907- 269 -0350 Fax: 907- 269 -94I2 License Fee APpiieatton Fee Late Fee. I Fingerprintt Feel TOTA l $1500.00 5200.00 By affixing my signature below: I declare under penal my knowledge and belief state it is true, correct and complete. I certify that I have read and am fantiliar 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, member, of the entity to which license is issued), I certify that I have received aleoho& server training and my certification is currently valid. As a licensee, I. certify that all other persons named as partners. officers, direr shareholders, or members have received alcohol server training and their certifie currently valid. As a licensee, I certify that all my agents and employees tasked with patron identification verification have received atcnhoi server training and their certification is currently valid. a o Not Public in and fKr the State o My eomntlssion e xpires; y that 1 have examined this application and to the hest of ABC Board 5848 E. Tudor Rd Anchorage, AK 99507 Phone: 907 -2(,9 -0350 Fax: 907 -269 -9412 -107- Printed Name Subscribed and sworn to before me this Three Bears Alaska, Inc. Renewal Application for Alaska December 29, 2010 Corporate Officers, Directors 10% or Greater Owners Name T.ifie j if 1 Holm- Addruss PelephoneNUMDer Director Larry A. Weisz Sr. Chainuan 7 N/A David A. Wei= St President 1 7 N/A 'uncurl M. Weisz Director 7 NiA 1 Rachel A. Sanford Treasurer; A.sst. i 7 NIA Secretani Saul D. Sonnenberg Vice President N/A Stephen 1). Wilerop Three Bears investment Group. Vice President 1 Secretary SharelmIda quor License Number 4118 s,./4 Mile West WI ok, AK 99780 907-883-559] 3771 N. Meadow Lakes Dr.. Wasilia, 414 99651 907-357-3502 sir V: es: ]ow, Tot:. AK 99780 907-883-559] Schiovalli Road, Tok. AK 99780 90 3700 North Bear Street., Wasffle„ 99654 907-357-1529 N/A 3819 Hampton Drive, Anchorage, AK 99504 907-337-1350 77.09% 445 N. Pitt ilan Road., Suite, le Wa.silla. AK 99054 Attn: David A. Weisz Sr, -108- Work Telephone Number 907-883-4.324 907-357-43 907-883-4324 907-883-4324 907-357-4311 907-357-4311 907-357-431.1 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /vv nn =.et.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give tDteir 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.) *A11 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 20 minutes per speaker) 1. Frank Arbelovsky Senior Connection /Meals on Wheels ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minuses per speaker) ITEM D: PUBLIC FIEARINGS (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) 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. 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 Mc) Drive In.n (License No. 1774) *Liquor License Renewal BPO Elks Lodge #2425 (License No. 368) ITEM E: MINUTES -109- 1. *Regular Meeting of January 5, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 *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. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging Airport Commission -110- 3. Harbor Commission 4. Library Commission 5. Parks Recreation Comm ssion 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 1 {PB 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 eo;nment limited to 5 minutes per speaker) 2. Council Member 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. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall. Building, A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Joe Moore Ryan Marquis MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING JANUARY 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Brian Gabriel. Robert Molloy Absent was Vice Mayor Boyle. A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ITEM G -3 Ordinance No. 2527 -2011 1 18/2011 memorandum of Senator Tom Wagoner opposing the ordinance. ADD AS: INFORMATION ITME NO.14 1/18/2011 R. Koch memorandum related to Escopeta Oil Project with draft support resolution. Council Member Molloy MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. -112- Terry Bookey Pat. Porter, Mayor J KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Moore MOVED to remove Item G -3, Ordinance No. 2527-2011 from the Consent Agenda in order to hold a public hearing. Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMME (Public comment limited to 10 minutes per speaker) B -1. Frank Arbelovsky Senior Connection /Meals on Wheels Mr. Arbelovsky indentified himself as President of the Senior Connection, a non- profit organization with the sole purpose of raising funds to assist in supporting the Senior Center. Arbelovsky presented a check to the City in the amount of S8,472 which the Senior Connection raised from several fundraisers and designated the funds to be used toward the home meals program ITEM C: Carol Bannock, 1908 Aliak Street, Kenai Bannock introduced herself as the Executive Director of the Kenai Chamber of Commerce and thanked City Manager Koch and Finance Director Eubank for their Dip Net Fishery presentation made at the day's Chamber luncheon and invited all to the Chamber's awards program on Saturday. Mark Schrag, 312 Princess Lane, Kenai Schrag asked if public comments would be taken on the introduction of Ordinance No. 2527 -2011. MOTION TO SUSPEND THE RULES: UNSCHEDULED PUBLIC COMMENTS /Public comment limited to 3 minutes per' speaker -113- Moore 1 Yes Gabriel Yes 1 Yes Bookey Boyle Yes 7 Absent Marquis 1 Yes Molloy Porter 1 Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 3 Council Member Moore MOVED to suspend the rules to allow for a public he the motion to introduce Ordinance No. 2527 -2011. Council. Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. ITEM D: D -1. Resolution No. 2011 -05 Supporting the Kenaitze Indian Tribe's Dena'ina Health and Wellness Clinic. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -05 and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to speak the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -2. Resolution No. 2011 -06 Approving a Collections Policy for Delinquent Ambulance Bills Owed to the City. 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 otters' behalf) Council Member Molloy MOVED for adoption of Resolution No. 2011 -06 and Council Member Marquis SECONDED the motion The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council /Administration confluents included: -114- g on Moore Yes Gabriel I Yes Bookey Boyle Yes Absent I Marquis Yes Molloy 1 Yes I Porter Yes I r KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 4 Question of why the previous intentions of Council not to pursue collection actions outside of the City Attorney were proposed to be changed. Review of delinquency amounts the City was carrying. Concern expressed there was not enough flexibility with the "shall be turned over to the City's third -party collection agent for further collection action." The basis for the City's charity care was the Central Peninsula Hospital's or any other approved medical facility to where patients may be transported and included a sliding scale, etc. People would be given as much time as possible to make payments and the City would continue to do as much as possible to assist, The RFP would insist on the collection agency returning cases to the City instead of assigning other legal counsel. Concern many debtors may think, after so long, the debt had been forgiven. The City would be contacting those patients and informing them of the chanty care, payment plan, etc. provisions. MOTION TO AMEND: Council Member Molloy MOVED to amend the third paragraph (page 2) by substituting "may" for "shall" in order to read, "...may be turned over to the City's third -party collection agent for further collection action." Cou.ncil Member Bookey SECONDED the motion. Discussion on the motion included who would decide a third -party billing would be necessary, with the answer it would be at the discretion of the City Manager or Finance Director. VOTE ON AMENDMENT: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: Student Representative Coffman: Yes Moore Mar.ui Porter Yes Gabriel I Yes f Bookey Yes Molloy I Yes I Boyle Yes -115- Yes Absen KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 5 MOTION PASSED UNANIMOUSLY. D -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) MOTION: Council Member Moore MOVED to direct the City Clerk to forward a letter protesting the continued operation of the Alaskalanes, Inc. and L &M Ventures, Inc. liquor licenses if accounts are not current by Monday January 31, 2011 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. D -4. *Liquor License Renewal BPO Elks Lodge #2425 (License No. 368) Approved by consent agenda. ITEM E: MINUTES E-1. *Regular Meeting of January 5, 2011 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: -116- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 6 Council Member Marquis MOVED to approve the purchase orders exceeding SS15,000 and requested. UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -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, Pei knitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. MOTION TO INTRODUCE: Council Member Moore MOVED for introduction of Ordinance No. 2527 -2011 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. Mark Schrag, 312 Princess Lane, Kenai Schrag spoke in support of the ordinance, noting the mayoral position was ceremonial; thought the ordinance would reflect better of the City; would allow people to be aware of vacancies; people do not apply if they feel they will not be appointed because of differences of political opinions; and, believed Mr. Brookman should still be considered for appointment to the Planning Zoning Commission. John Williams, 306 Candlelight Drive, Kenai Williams noted portions of Cocie and Charter. stated the Mayor nominates and the Council confirms appointments; stated concern with regard to the severability clause; and, suggested the ordinance be set aside and the current process continue with Council taking an active role in finding candidates to forward to the Mayor for consideration. Tina Navarre, 608 Ponderosa, Kenai Suggested not introducing the ordinance; believed it appeared there was a division on the Council with regard to the outcome of the past election; believed the direction of the ordinance would unfairly pull applicants into appointment discussions; did not feel there was a public recommendation, as stated in the ordinance, to change the process; opposed the severability clause; felt the ordinance would alienate the community; and, suggested a work session be held on the ordinance. There being no one else wishing to speak, the public hearing was closed. 117- Moore No Gabriel I No Bookey 1 No Marauis No Molloy No Boyle Absent Porter No KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 7 Council comments included: Intentions to request a work session after the public hearing on the ordinance. The ordinance was not about creating division, but to mare the process more public through advertising vacancies, and to include the process in the Code for consistency; and, the process would allow nominations for appointments to come from any Council Member, including the Mayor. The ordinance would also allow a Commissioner to continue holding the seat until a replacement is made. Suggestion and support expressed to vote the ordinance down and hold a work session on the issue. To make changes to the Charter, a vote of the people would be required; Robert's Rules allowed introduction of an ordinance at a later date, even if the introduction failed; and, the severability clause was already in the Code. Concern expressed timing was bad to bring the ordinance forward at this time, but would support the introduction of the ordinance with a work session. VOTE ON INTRODUCTION: *Student Representative Coffman: No MOTION FAILED UNANIMOUSLY. BREAK TAKEN: 8:01 P.M. BACK TO ORDER: 8:12 P.M. G -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. Introduced by approval of the consent agenda. G-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 Pei lament Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City- Owned, -118- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 8 Introduced by approval of the consent agenda. G -6. *Ordinance No. 2530 -2011 Increasing Estimated Revenues and Appropriations by 531,819 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. Introduced by approval of the consent agenda. G -7, *Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in. the Kenai Comprehensive Plan Project Fund by $50,000, Introduced by approval of the consent agenda. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Senior Director Craig reported on the annual meeting and noted a resolution was passed in support of the need to increase funding for Choice Wavier Meals. City Manager Koch reported it was his intent to distribute the resolution to legislators and may bring a similar resolution to the Council for its consideration. Mayor Porter requested the Clerk prepare a letter to remove Vickie Graham from the Council on Aging with the City's thanks and nominated Audrey Little and Mark Necessary for appointment (applications for membership were included in the packet. MOTION: Council Member Molloy MOVED to appoint Audrey Little and Mark Necessary to the Council on Aging and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections. There were no objections. SO ORDERED. 11-2. Airport Commission Council Member Marquis re 13, 2011 meeting summary which was included in the packet. Mayor Porter nominated Eric Mayer to be reappointed to the Airport Commission. -119- ewed e Lianuary KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 9 MOTION: Council Member Molloy MOVED to reappoint Eric Mayer to the Airport Commission and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -3. Harbor Commission Council Member Gabriel reviewed the January 10, 2011 meeting summary which was included in the packet. He noted, the Commission requested clarification of the ability for Commission members to request excused absences. Clerk Freas reviewed the ordinance. H -4. Library Commission Council Member Marquis noted there was no quorum available for the January meeting. Mayor Porter noted the application of Kathy East was included in the packet and nominated her for appointment. MOTION: Council Member Molloy MOVED to appoint Kathy East to the Library Commission and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. Parks Recreation Commission Council Member Moore reported there was no quorum for the January 6, 2011 Special Meeting. It was noted, there were two vacancies on the Commission. The resignation of Fina Kiefer was acknowledged and Clerk Freas was requested to prepare a thank -you letter from the Mayor to Kiefer. H -6. Planning Zoning Commission Council Member Molloy reviewed actions and discussions held at the January 12, 2011 meeting. Mayor Porter nominated Henry Knackstedt to be appointed to t1' Planning Zoning Comission. MOTION: -120- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 201 1 PAGE 10 Council Member Marquis MOVED to nominate Henry Knackstedt for appointment to the Planning Zoning Commission and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Pot reported there was no quorum for the January 10, 2011 meeting. She noted there were vacancies on the Beautification Committee. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting was scheduled to be held January 25, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley's report of the January 4, 2011 Assembly meeting was included in the packet. ITEM I: REPORT OF THE MAYOR Mayor Porter noted she attended the Stanley Ford open house; the Governor's Bali (and thanked staff for assistance with the display); the employee appreciation dinner; had dinner with members of the School Board; presented an engraved clock to Dale Sandahl and thanked him for his many years of service on the Parks Recreation Commission; and, a "Coffee with the Mayor" was scheduled for January 25, 2011. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He would be out of the office January 26 and 27. He gave a presentation at the Outlook Forum; Kenai Rotary; Sound -Off and would give a presentation at a Chamber lunch on the 2010 Dip Net Fishery Report. SB20 and HB20 were introduced and address the personal use fishery. The annual FAA certification inspection took place. Reviewed the Esconeta Oil lay -down information in which a request was made for a letter of support for renewal of its Jones Act waiver from a Mr. Webb. instead of a letter of support, he prepared a draft resolution, however the resolution the did not refer to the waiver. It was noted, Escopeta had not requested the letter of support and there was agreement the resolution should be brought forward at the February 2 meeting for consideration. -121- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 11 Thanked staff for putting together the employee appreciation dinner. Ice skating was available at Daubenspeck Park. J -2. Attorney City Attorney Stearns reported she would be attending an Alaska Bar Association Board of Governors meeting January 26 and 27. Though the meeting was in Anchorage, she would be available by phone, etc. J -3. City Clerk City Clerk Freas reported she placed an updated Draft 2010 Personal Use Fishery Report on the City's webpage for review of the public prior to the work session scheduled for February 15. She also reminded all of the February 16, 2011 work session related to the utility rate study scheduled for February 16, 2011. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Commented on comments made earlier related to getting over anger; noted the person was from a group who lost power in the community; and, hoped the public would begin to pay attention from where the anger and division (on the Council and in the community) was originating. K -2. Council Member Comments Moore Complimented staff on the planning and presenting the employee appreciation dinner and added, he believed it should be an annual event and in the budget. Gabriel Thanked the speakers for their comments; thanked staff for the appreciation dinner; and, thanked Fireman Abe Porter for finding and returning his lost dogs. Bookey Thanked the speakers for their comments and was pleased the appreciation dinner was so well attended and successful. Coffman Reviewed events taking place at Kenai Central High School, including a canned food drive, Home -Going Week, sports events, and thanked the City for upgrading the Recreation Center's gym floor. Marquis Thanked Mr. Arbelovsky and the Senior Connection for the donation; visited the Visitors Center and was impressed by the amount of inventory of items stored there; and, thanked staff for the very nice appreciation dinner, Molloy Noted the following: Thanked staff for the very nice appreciation dinner. -122- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 12 Referred to the comments made with regard to concerns of anger and division, and clarified, the ordinance had been developed to address some issues and included one bold idea. Council had a civil dialog and voted down the introduction of the ordinance and, the Council continued to have civil debates over important issues. He attended the Industry Outlook Forum and appreciated the presentation on the City's outlook. He personally thanked Jerry Brookman for his years on the Planning Zoning Commission. He appreciated Porter's thank you to Dale Sandahl and his years on the Parks Recreation Commission and service to the City, He thanked the Department Heads and staff for their reports. He thanked Mr. Arbelovsky and the Senior Connection for the donation to the City. EXECUTIVE SESSION Concerning a matter that could prejudice the reputation and character of another: City Manager Contract (at the Manager's request). 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 contract (at the Manager's request) and requested Mr. Koch to attend. Council Member Gabriel SECONDED the motion. VOTE: j Moore Marquis Porter MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION CONVENED: 8:55 P.M. BACK TO ORDER: 10:00 P.M. Council Member Marquis reported the Council met in executive session to discuss extending the City Manager's contract. MOTION: Council Member Marquis MOVED to extend the City Manager's contract for an additional three years and Council Member Gabriel SECONDED the motion. VOTE: Moore Yes Gabriel Yes 1 Hockey Yes Yes I Molloy I Yes Boyle Absent Yes Yes Gabriel -123- Yes j Bookey I Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 13 I Marquis I Yes I Molloy I Yes I Boyle I Porter I Yes MOTION PASSED UNANIMOUSLY. 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 10:04 p.m. Minutes submitted by: Carol L. Freas, City Clerk Absent *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council note 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. -124- -125- J U z O 0 n w w z x U r 2 O N O O Q' o C la Et e l) 03 w a W W U 7 LL co 0 cc w 0 o z C O w w 2 C 0 Q U 0 O O -126- 0 0 0 0 o 0 o o 0 1) h K 0 a CITY OF KENAI ORDINANCE NO. 2532 -2011 Suggested by: Administrative AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 2,397 IN THE AIRPORT FUND AND BY $95,885 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE ENGINEERING AND DESIGN OF THE AIRPORT APRON PAVEMENT REHABILITATION, WHEREAS, the FAA has approved funding for additional work to be included in the Apron Improvement Project; and, WHEREAS, the estimated cost of the additional work is $95,885; and, WHEREAS, the FAA will fund 95 the State of Alaska will fund 2.5% and the Airport Fund will provide 2.5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase estimated Revenues: Appropriation of Fund Balance $2,397 Increase Appropriations: Transfer to Capital Project Fund $2,397 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund $2,397 Federal Grants $91,091 State Grants S2 397 $95,885 Increase Appropriations Engineering -127- 95,885 Ordinance No. 2532 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -128- Introduced: February 2nd, 2011 Adopted: February 16th, 2011 Effective: February 16th, 2011 Memo Attachment To: Rick R. Koch- City Manager From: Mary Bondurant Airport Manage Date: January 25, 2011 Subject: Ordinance No. 2532 -2011 "Sei vinwt3 e rea t er Kew. Peninsula 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907 2833737 www.ci.kenal.ak.us. -129- The above ordinance is necessary to cover additional professional services performed by the Airport consultants, Wince Corthel- Bryson, on the Apron Rehabilitation Project. This increase is due to unanticipated and additional approved change orders incident to the project. The FAA allows the City to amend grants upwards of up to 15% for work items identified as being directly or incidentally related to its projects. The FAA has reviewed the revised apron engineering budget and concurs with the change. WINCE CORTHELL BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907 -283 -4672 Fax 907- 283 -4676 E -Mail cmaddenc..wcbalaska.com '1 "O; Kevin Lyon and Mary Bondurant FROM: Casey Madden SUBJECT: Apron Engineering Budget DATE: December 8, 2010 The attached November billing has exceeded the engineering budget by $21,685.56 At this time we are submitting the November billing for the amount left in. the budget and herewith request a budget increase for the balance and for remaining work to prepare RFPs and Change Orders to fully utilize grant fiords, provide inspection for this coming springs runway painting, and closing out the two remaining FAA grants. The original Construction Contract, including the ARRA portion of the Apron, was $6,936,386 and the Engineering Design and Construction Contract was $890,820 (12.8 Change Orders 4 and 5 have increased the Construction Contract to $7,406,864 and extend the construction completion date to June 15, 2011. Unanticipated and Additional work performed to date include: ARRA reporting requirements unknown at the beginning of the project Preparation of Plans, RFPs, and Change Orders 4 and 5 inspection on a portion of Change Order 5 Dual Close Out Reports for ARRA and FAA Grants rather than the normal one The contractors work schedule requiring the entire contract time allowed o We had anticipated the project to be paved out by late August not late September Anticipated work to complete the project; Prepare Designs and RFPs for identified grant eligible improvements to fully utilize available grant funds including o Oil Water Separators on the Apron Storm Drain System o Paving the ARFF Access Road across Alpha and the Runway o Pave a section of the Service road off the North end of the Apron o Seal asphalt joints Prepare Change Orders for approved improvements Additional Inspection anticipated for May 15 to June 15, 2011 Final Audit and Close Out documents Philip W. Bryson PE Alan N. Cottle!' PE Frank W. Wince PC (Bet,) Mark E. Manning PE E. Casey Madden PE -130- The unanticipated additional work is difficult to quantify as it was performed in conjunction with and at the same time as ongoing work on the project however inspection time alone, not counting Materials Testing, required to cover the contractors increase in effort to complete the project in September totaled over $50,000. About half of which would not have been required had the project been pursued aggressively over the 2009 -2010 seasons and paved out by the end of August.. $21,685 is requested to cover costs to date. Anticipated work to complete the project through Close Out next summer is as follows: RFPs and Change Orders o Engineer VI o Engineer Tech. 40 Hrs $1 20.00 80 Hrs 75.00 Inspection and Testing May 15- June 15, 2011 o Engineer VI 120 Hrs $120.00 o Engineer Tech's 360 Hrs 75.00 o Intern 120 Hrs n 60.00 o Materials Testing -131- 4,800.00 6,000.00 $14,400.00 $27,000.00 7,200.00 2,500.00 Project Close Out Documents o Engineer V[ 40 Hrs $120.00 4,800.00 o Engineer Tech's 100 Hrs 75.00 7,500.00 Remainder of November Billing period $21,685.00 TOTAL BUDGET INCREASE REQUEST $95,885.00 The, to date, value of the Construction Contract is $7,406,864 and could increase to $7,600,000 if the so far, identified improvements are added. The above requested Budget increase would bring the Engineering Contract up to $986,705.00 which is about 13% of the Construction costs, is in line with past airport projects of this magnitude, and much less than the 20% typically budgeted for ADOT &PF projects. An overall project budget summary is also attached showing Funding, Project Plan Costs, project probable Final Costs, and estimates for additional improvements under consideration. Please eive the a call after you have a chance to digest all this and I'll come over and discuss any questions you may have. Philip W. Bryson PE Man N. earthen PE Frank W. Wince 1'E (Rel.) Mark E. [Manning PE E. Casey Madden 1'E AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,000 IN THE GENERAL FUND FIRE DEPARTMENT. WHEREAS, the Fire Department applied for and has received $2,000 Community Grant from Wal -Mart; and, WHEREAS, these funds shall pay for needed items to equip the newly acquired rescue boat, such as personal flotation devises, navigation aids, ropes and a marine radio; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Grants Increase Appropriations: Fire Small Tools /Minor Equipment $2,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2533 -2011 PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED -132- Suggested by: Administration $2,000 Introduced: February 2, 2011 Adopted: February 16, 2011 Effective: February 16, 2011 TO: Rick Koch FROM: Fire Chief Tilly DATE: January 24, 2011 SUBJECT: Wal -Mart Grant MEMO: Rick, Valaye with a Past, a y with a Futare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I 7 Telephone: 907 -263 -7535 FAX: 907 283 -3014 Recently the Fire Department had applied for and was awarded a $2,000 grant through the local Wal- Mart's "Community Grant" program. The grant was written in hopes of using the money to help outfit the newly acquired rescue boat with needed items. Upgrades such as personal flotation devises, simple navigations aids such as GPS, throw ropes and a marine radio could be purchased with this money. I received the award Monday January 24 at a morning meeting at Wal -Mart and have delivered the check to the finance director. My hope is to have the money appropriated at an upcoming City Councii meeting so it may be used to purchase these necessary items before the upcoming summer season. Resp ctfully, ag,g -133- 1992 the ca cf KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2534-2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND BY $35,000 FOR AN ENVIRONMENTAL ASSESSMENT OF A PROJECT TO REMOVE TREES ALONG THE SOUTHWEST SIDE OF RUNWAY IL/ 19R THAT ARE A HAZARD TO AVIATION. WHEREAS, the City received a letter of correction from the Federal Aviation Administration (FAA) indicating trees on the southwest side of runway IL/ 19R pose a aviation hazard and should be removed; and, WHEREAS, prior to removal of any hazardous trees, the City must complete an environmental assessment of the project that will include significant public involvement; and, WHEREAS, the City has until December 1, 2011 to complete the environmental assessment and hazardous tree removal; and, WHEREAS, the FAA has indicated the entire project, including this $35,000 for the environmental assessment, will be eligible for 97.50% grant funding once available (95% FAA and 2.5% State of Alaska Department of Transportation). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Estimated Appropriations: Transfer to Capital Projects $35,000 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund Increase Appropriations Engineering $35,000 ew Text Underlined [DELETED TEXT BRACKETED] -134- $35,000 $35,000 Ordinance No. 2534 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -135- PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Introduced: February 2, 2011 Adopted: February 16, 2011 Effective: February 16, 2011 enai [Vlt nic6pal Airport Memo "Se- vtnirthe/GveaterKena' Peninsula; 305 N. W LLZIN Sr. SUITE 200 KENAI, ALASKA 99911 TELEPHONE 907.283791 FAX 987 2833737 To: Rick R. Koch City Manager From: Mary Bondurant Airport Manage Date: January 24. 2011 Subject: Scope of Work Proposal Obstruction Removal Project The Airport is requesting appropriation of $35,000 for the Documented Categorical Exclusion (Obstruction Tree Removal) Project. A Letter of Correction was received after the recent certification inspection asking this issue be corrected by June 1, 2011: "Trees on the southwest side of the runway 1 LJ19R penetrate the imaginary surface of FAR Part 77 and are a potential hazard to aviation. These trees should be identified and removed This project requires an Environmental Assessment (EA) with public involvement. Due to the length of this process and the Migratory Bird Act which prohibits clearing between May 1 and July 15, I requested and received approval to push back the correction date to December 1, 2011, on the condition the Airport initiate the airspace process as requested, !recommend proceeding with this process now. The FM has programmed development funds for the obstruction removal and will reimburse 95% of the project cost back to the Airport when the development funds are available. Attached for review and approval is Wince Corthell- Bryson's scope of work with budget estimate. Please contact me if you have any questions. Cc: Kevin Lyon Acting Public Works Director Terry Eubank Finance Director Attachment www.ci.kenai.ak.as. -136- City Of Kenai 210 Fidalgo Street Kenai, Alaska 99611 WINCE CORTHELL BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907- 283 -4672 Fax 907 -283 -4676 E Mail cmadden(2.wcbalaska.com Attention: Mary Bondurant, Airport manager Subject: Kenai Municipal Airport—Obstruction Removal. Projects Documented Categorical Exelusion— Scope of Worlc and Budget Estimate Enclosed is our scope of work and budget estimate for preparing the environmental documentation for the obstruction removal projects at the Kenai Municipal Airport. Based on discussions with the FAA, a Documented Categorical Exclusion will he required for the proposed projects, subject to future considerations. A. SCOPE OF WORK DOCUMENTED CATEGORICAL EXCLUSION (OBSTRUCTION TREE REMOVAL) 1. Prepare a. written description of the Purpose and Need for the following projects: On- Airport Tree Removal Selected Tree Removal on Private Property Philip W. Bryson PE .Alan N. Cortheil PE Frank W. Wince PE (Ret.) Mark E. Blanning PE E. Casey Madden PE January 20, 2011 2. Prepare three dimensional Tree Top Part 77 Surfaces Exhibits from existing 2007 Aerial Mapping in a format suitable for submission to FAA for aeronautical study and determination as requested by Gabriel and for later use as clearing bid documents. 3. A Scoping Document, in the form of a report proposal, will be prepared for distrihution to the agencies and other interested parties. The soaping document will be prepared for City and FAA review and concurrence on the requirement for a Categorical Exclusion before being sent out to the agencies. The sopping document will be finalized and distributed to the reviewing agencies. 4. Prepare a Documented Categorical Exclusion to comply with the National Environmental Policy Act (NEPA). The Documented Categorical Exclusion will address all of the impact categories in FAA Order 1050.1E Environmental Impacts: Policies and Procedures and FAA Order 5050.4E National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. No new field surveys will be conducted in order to complete the Documented Categorical Exclusion. Field surveys for wetlands, biotic communities, threatened and endangered species, historical, archaeological and cultural resources and Phase 1 Environmental Due Diligence Audit (EDDA) have previously been conducted for on- Airport properties. -137- 5. Submit the Draft Documented Categorical Exclusion for City and FAA review and distribute to the reviewing agencies and other interested parties. G. Prepare a Final Documented Categorical Exclusion responding to comments received on the draft document. 7. Assist City with Public Involvement assumed to consist of but not necessarily be limited to, the following B. BUDGET ESTIMATE DOCUMENTED CATEGORICAL EXCLUSION (OBSTRUCTION REMOVAL PROJECTS) At this time it is not possible to identify the complete extent of the work that may need to be accomplished until the projects are reviewed by the City, FAA, resource agencies and others. Therefore, we are proposing a Not To- Exceed budget of 527,000.00 he used for this work as described above and Tasked below. Should you have any questions regarding this proposal please do not hesitate to contact me at your convenience. Sincerely Assemble a public notification mailing list for parcels west and within 600 feet of the Airport Boundary (Birch Street) Assemble a notification mailing list for parcels with Avigation Easements Assist City with Public Bearings (2 assumed) Seeping documents Draft Cat Ex Document Final Cat Ex Document Public Involvement let Casey Madden, P.E. Wince Corthell- Bryson 7,000.00 510,000.00 5 5,000.00 5,000.00 Philip W. Bryson PE Alan N. Curlhell PE Frank W. Wince PE (Reg.) Mark E. Manning PE E. Casey Madden PE -138- the ciyvr KENAI ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $23,964 IN THE GENERAL FUND FOR POLICE EQUIPMENT AND POLICE TRAINING. WHEREAS, the Kenai Police Department has investigated eleven. (11) felony drug cases from 2007 to 2010 that resulted in cash forfeitures of $23,964 during fiscal year 2011; and, WHEREAS, the Kenai Police Department evidence custodian has received notice from the Court authorizing the forfeiture of the drug seizure cash; and, WHEREAS, the evidence custodian has transferred the cash from, the evidence safe to the City finance department; and, WHEREAS, the Police Department wishes to utilize the cash forfeitures to improve equipment and training needs within the Kenai Police Department as follows: $15,000 to replace interview room equipment; $3,150 to purchase investigative equipment; $5,814 to send officers to multiple training sessions during the remainder of FY 11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeiture PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Increase Appropriations: Police Machinery and Equipment Police Small. Tools Police Transportation Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2535 -2011 PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] -139- Suggested by: Administration $2 $15,000 $3,150 5,814 Introduced: February 2, 2011 Adopted: February 16, 2011 Effective: February 16, 2011 heu� KENM, AA MEMO: TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 1120111 SUBJECT: Cash Forfeiture Appropriation "Village with a Past, C# with a Fatare" Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907- 283 -7879 FAX 907- 283 -2267 The Kenai Police Department has investigated eleven felony drug cases from 2007 to 2010 that resulted in cash forfeitures during fiscal year FY11. It is common for officers to seize various amounts of cash having a nexus to illegal drug activities during felony drug investigations. The evidence custodian has received notice from the Court authorizing the forfeiture of the drug seizure cash. The forfeiture of this cash does not fall under the Federal Equitable Sharing requirements. As a result, there is no requirement to distribute shares of the cash to other law enforcement agencies. The cash forfeitures from the eleven investigations total $23,964, and the money has already been provided to the City finance department. I am requesting an ordinance, appropriating the $23,954 in cash seizure funds to the General Fund Police Machinery and Equipment, Small Tools, and Transportation accounts as follows: Police Machinery and Equipment Interview Room equipment Police Small Tools Investigative Equipment Police Transportation Training Interview Room Equipment The Kenai Police Department has two interview rooms. Both are in need of technological upgrades, to include replacing a computer and accompanying peripheral devices. We have received quotes from three different companies that sell and install equipment specific to police interview rooms. The lowest quote for equipment and installation totaled 514,803.80 from WesTek Marketing. We have participated in an $15,000 53,150 $5,814 1992 online demo of V2's equipment and we are satisfied it will meet our needs for reliability and ease of use. The interview room upgrade was not budgeted in the FY11 budget. Investigative Equipment The Police Department needs to purchase investigative equipment at a cost of $3,150. The replacement will help investigators to optimally investigate serious crimes. The equipment purchase was not budgeted in the FY11 budget. Training The budgeted Police Transportation account is completely expended. There are several worthwhile training opportunities that we would like to send officers to this spring. Those trainings include: control tactics instructor, interview school, Alaska crime conference, and street survival. Without the appropriation of the drug seizure money, it will be challenging to find other funding to send officers to this worthwhile training. Conclusion Thank you for your consideration of appropriating the forfeited money for police use. We want to put the money to the best possible use, with the intent of enhancing our investigative equipment and of increasing officer training. These improvements and training opportunities benefit the City by increasing the professionalism and level of service that the Kenai Police Department provides to the community. -141- HENAI.ALASKA General Fund Increase Estimated Revenues: Other Revenue CITY OF KENAI ORDINANCE NO. 2536 -2011 New Text Underlined' DELETED TEXT BRACKETED] -142- Suggested by: Admini atio AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND POLICE DEPARTMENT BY $26,500, FIRE DEPARTMENT BY $20,000, PARKS DEPARTMENT BY S3,500, AND BOATING FACILITY DEPARTMENT BY $13,000 TO PURCHASE EQUIPMENT NEEDED IN RESPONSE TO THE ANNUAL STATE OF ALASKA PERSONAL USE FISHERY THAT TAKES PLACE ON THE CITY OF KENAI BEACHES AND UTILIZES CITY FACILITIES. WHEREAS, annually tens of thousands of visitors converge on the City, it's beaches and City Boating Facility to participate in the State of Alaska's Personal Use Fishery; and, WHEREAS, the volume of visitors and location of their activities has created the need for additional and specialized equipment to provide public safety and ensure safe operations of City facilities; and, WHEREAS, fees charged to 2010 Personal Use Fishery participants for parking and camping exceeded FY11 budget estimates by $70,035 and exceeded City costs in Personal Use Fishery operations for 2010 by $103,143; and, WHEREAS, continued investment in needed tools and equipment will assist in continuing to provide safe operation.s during future Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $63,000 Increase Appropriations: Police Machinery Equipment $24,000 Police Small Tools /Minor Equipment 2,500 Fire Small Tools /Minor Equipment 5,000 Fire Machinery Equipment 15,000 Parks Operating Repair Supplies 3,500 Boating Facility Small Tools /Minor Equipment 13.000 $63 000 Ordinance No. 2536 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER. MAYOR New Text Underline. [DELETED TEXT BRACKETED -143- Introduced: February 2, 2011 Adopted: February 16, 2011 Effective: February 16, 2011 KENAI. ALASKA Sponsored by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2537-2011 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF' ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND CORRECTIONS. WHEREAS, honey bees (species Apis mellifera) are of benefit to humankind by providing for agriculture and fruit and garden pollination services, and by furnishing honey, wax, and other useful products; and, WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swan., and non aggressive behavior; and, WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; and, WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and there are many beekeepers that reside in the City of Kenai; and, WHEREAS, the City recognizes that adverse neighborhood impacts, including but not limited to swarming, stinging and the spread of disease, may result from the keeping of bees if appropriate and responsible beekeeping practices are not followed; and, WHEREAS, regulation by the City is intended to create standards and requirements that help to ensure that bees kept by residents do not adversely impact the use and enjoyment of neighborhood properties surrounding the property on which the bees are kept; and, WHEREAS, it is in the best interests of the City to adopt standards for the keeping of bees within the City limits NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section. 1. Form: This is a Code ordinance. Section 2. Amendment of Section 3.05.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] -144- Ordinance No. 2537 -2011 Page 2 of 5 3.05.070 Citation procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title, (e) (1) (2) (j Mandatory Court Appearance shall be required: For a violation of KMC 3.10.020(c). For a violation of KMC 3.10.070(g). For all cruelty charges under this code. (4[3]) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12) month period. Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limit (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock, other than bees may be kept on lots of forty thousand (40,000) square feet or greater. No livestock shall be allowed in the RU, RS I, RS2 or TSH zones. Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in 3.10.070(g). (c) In this section "livestock" is defined as the following animals New Text. Underlined' (DELETED TEXT BRACKETED) -145- Ordinance No. 2537 -2011 Page 3 of 5 (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey Bees (Apis mellifera) (d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events, The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the Citv's schedule of fees adopted by the City Council. [THE CITY MANAGER MAY SET A PERMIT FEE AS SET OUT IN KWIC 7.15.100.] (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a petmit for the keeping of livestock for educational or youth activities, such as 4 -H, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A petu,it may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the Citv's schedule of fees adopted by the City Council. [The City Manager may set a permit fee as set out in KMC 7.15.100.] New Text Underlined [DELETED TEXT BRACKETED) -146- Ordinance No, 2537 -2011 Page 4 of 5 (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non conforming use of land under KNIC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non- conforming use under this section may be kept on such lots only until they are old enough to be relocated to a. site conforming to this section or outside of the city limits. (f) Except as set forth in subsection (g). below, c[C]orrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty -five feet (251 from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard.[;] All animal containment structures [AND) must be secure and in good repair (g) No person may keep honey bees. Apis mellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this Code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty -five feet (251 feet from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (81 above ground level; or placed behind a fence at least six feet (6'1 in height and extending at least ten feet (10'1 beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of 10,000 square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition or to interfere with the normal use or enjoyment of any property in the vicinity of the colony by humans or animals. (41 Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported have entrance screens or be secured under netting. (5) Beekeepers shall acquire hives and hive equipment from sources that are free from American Foulbrood and other bee related diseases and pests. (6) The term "hive" as used in this section means the structure intended for the housing of a bee colony. The tern "colony" as used in this section means a hive and its equipment and appurtenances, including bees, comb, honey, pollen. and brood. New Text Underlined' (DELETED TEXT BRACKETED] -147- Ordinance No. 2537 -2011 Page 5 of 5 (h[G]) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. [(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE DATE.] Section 4. Severabili.ty: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. ATTEST: Carol L. Freas, City Clerk New Teal Underlined; !DELETED TEXT I3RACICETEDJ -148- PAT PORTER, MAYOR Introduced: February 2, 2011 Adopted: February 16. 2011 Effective: March 16, 2011 A/IF:MO' C TO: Rick Koch, City Manager Tillage with a Past, C with a Frctare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 I I I I LI 1492 FROM: Marilyn Kebschull, Planning Administration. t� DATE: January 27, 2011 SUBJECT: Ordinance No. 2537 -2011 Amending Chapter 3.10 Beekeeping In July 2010, Council heard testimony from a citizen who had received a citation for beekeeping. It was explained that the animal control ordinance didn't specifically address beekeeping and it was recommended Council consider a regulation which would provide guidance to beekeepers in the City. The Planning and Zoning Commission was asked to review the issue and make a recommendation as to whether beekeeping should be regulated in the City. The Commission held work sessions and developed the proposed amendment with public input and the assistance of Chief Sandahl and Animal Control Officer Brett Reid. While researching the amendment, Attorney Stearns discovered controls in other ordinances that might help to minimize human /bee interaction. The following was one of the controls: Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year that the bees are active so that the bees do not congregate at pools, pet water dishes, bird baths, or other water sources that are not part of the natural landscape where the bees may come into contact with humans, pets, or birds. On January 26 the Planning and Zoning Commission held a public hearing on the proposed amendment. The Commission heard testimony that the above requirement was unnecessary and more appropriate in dry climates, that bees are drawn to muddy water, and will drink from dirt rather than a clean source of water. Based on that testimony, the Commission voted unanimously to remove the requirement. With the amendment, the resolution passed unanimously. -149- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI 1 -02 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROL AND TREATMENT OF ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CT- LANGES AND CORRECTIONS. WHEREAS, honey bees (species Apis mettifera) are of benefit to humankind by providing for agriculture and fruit and garden pollination services, and by furnishing honey, wax, and other useful. products; and, WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm, and non aggressive behavior; and, WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; and, WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and there are many beekeepers that reside in the City of Kenai; and, WHEREAS, the City recognizes that adverse neighborhood impacts, including but not limited to swarming, stinging and the spread of disease, may result from the keeping of bees if appropriate and. responsible beekeeping practices are not followed; and, WHEREAS, regulation by the City is intended to create standards and requirements that help to ensure that bees kept by residents do not adversely impact the use and enjoyment of neighborhood properties surrounding the property on which the bees are kept; and, WHEREAS, it is in the best interests of the City to adopt standards for'the keeping of bees within the City limits. NOW, THEREFORE, 13E IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, New Text Underlined. [DEIFIED TEXT BRACKETED] -150- PZ11 -02 Resolution Page 2 ALASKA, AMEND KENAI MUNICIPAL CODE CHAPTER 3.10, CONTROLAND TREATMENT OF ANIMALS as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendmei Section 3.05.070 of the Kenai Municipal. Code: The Kenai Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows: 3.05.070 Citation procedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a Mini, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. lc) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. (e) Mandatory Court Appearance shall be required: (1) For a violation of KMC 3.10.020(c), 12) For a violation of KWIC 3.10.070(g). (3[2)) For all cruelty charges under this code. (4[3)) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12) month period, Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limits. (al Except as otherwise provided in this sectio n. no person shah keep or maintain livestock within the City of Kenai. (b) Livestock. other than bees, may be kept on lots of forty thousand (40,000) square New Text In i! ed [DELETED TEXT BRP.CKE ED] -151- P711 -02 Resolutio Page 3 feet or greater. No livestock shall be allowed in the RU, RS1, RS2 or TSH zones. Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in 3.10.070(0. (c) In this section "livestock" is defined as the following animals; (1) Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine 18) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey Bees (Apis melliferal (d) (1) Except for the R51, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may change a permit fee. which fee shall be as set forth in the City's schedule of fees adopted by the City Council. )THE CITY MANAGER MAY SET A PERMIT FEE AS SE] OUT IN KMC 7.15.100.) (2) Except in the RU zone, the Chief Animal Control Officer rnay, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4 -H, Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A per omit may be renewed following written notice and reasonable time for comment to the adjoining property owners, The City may charge a permit fee, which fee shall be as set forth in the City's schedule of tees adopted by the Citv Council, [The City Manager �_T��' TJ adezline�i; [DELETED TEXT BRACCETED3 -152- PZI 1 -02 Resol Page 4 may set a permit fee as set out in RMC 7.15.1001 (e) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non conforming use of land under .KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified i.n this section. Offspring of livestock allowed as a non- conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits, (f) Except as set forth in subsection (g), below, c[Cjorrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty -five feet (25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10') from the back yard.('] All animal containment structures (AND) must be secure and in good repair. (g) No person may keep honey bees, Apis rnellifera in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this Code. 11) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property, To that end. colonies shall be situated at least twenty -five feet (25') feet from any lot line not in common ownership: or oriented with entrances facing away from adjacent property' or placed at least eight feet (8') above ground level; or placed behind a fence at least six feet (6') in height and extending at least ten feet (10') beyond each hive in both directions, J2) No person shall keep more than four (4) hives on a lot of 1.0,000 square feet or smaller nor shall any person keep more than one (1) additional hive for ea.ch additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a. manner or hi spasi:.tion as to cause aria unhealthy condition or to interfere with the normal use or enjoyment of any property in the vicinity of the colony by humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. (5) Beekeepers shall acquire hives and hive equipment from sources that are free from American l+oulbrood and other bee= related diseases and pests. (6) The term "hive" as used in this section means the structure intended for the housing of a bee colony. The term "colony" as used in this section means a hive and its equipment and appurtenances, including bees. comb. honey. pollen. and brood. New Tex! Underline t )DE' FTED rs1 r BRAGKSIEDJ -153- PZI1 -02 Resolutio Page 5 (h[G]) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. [(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACI{ TO THE CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE DATE.] Section 4. Severabilitv: 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 shah be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this <,C, day of ww 2011. ATTEST: New Tent tindertined [D FED TEXT BRACKETED) -154- SECOND AMENDMENT TO AMENDED EMPLOYMENT AGREEMENT This Second Amendment to Amended Employment Agreement is made as of the day of 2011, by and between the CITY OF KENAI "City a municipal corporation, and Rick R. Koch herein after called `Employee both of whom understand as follows. WITNESSETH WHEREAS, on October 7, 2008, the City entered into an Employment Agreement with Rick Koch for a term commencing March 6, 2009, and ending March 5, 2012; and, WHEREAS, on July 16, 2009, the City and Employee entered into an Amended Employment Agreement, one purpose of which was to increase from four to five, the number of Council Members necessary to suspend or discharge Employee without advance notice and without course; and, WHEREAS, on July 16, 2009, the City and Employee entered into an Amendment to Amended Employment Agreement to revise the Salary and Review section of the Amended Employment Agreement to adjust the salary to be paid and to include cost of living adjustments; and, WHEREAS, the parties wish to further amend the Amended Employment Agreement to extend the tern for another three years to end March 5, 2015; and WHEREAS, on January 19, 2011, the Kenai City Council voted to approve a three -year extension of the term of the Amended Employment Agreement. NOW THEREFORE. the parties agree as follows: 1, The Amended Employment Agreement, Section 2, Paragraph A, is revised to read that the term of the Amended Employment Agreement shall he a term commencing July 16, 2009, and ending March 5, 2015. 2. Except as expressly modified or stated herein, all other terms and conditions of the Agreement (as amended) remain in full force and effect. Second Amendment to Amended Employment Agreement Page 1 of 2 L: Agts /CityMgr /2ndAmendEmpAet.01251 1 -155- CITY OF KENAI ATTEST: Pat Porter, Mayor Carol L. Frees, City Clerk EMPLOYEE Rick Koch Approved as to form: Krista S. Stearns City Attorney Second Amendment to Amended Employment Agreement Page 2 of 2 L: Agts /CityMgr /2ndAmend EmpAgt.01 I -156- SEAL: -157- February 201 MEETING CALENDAR Sunday Monday Tuesday Wednesday i Thur da a aturday 1 Library l Commission, j 7p, Council Chambers 2 CITY COUNCIL MEETING, 7p, Council Chambers 3 Perks Recreation Commission, 7p, Council Chambers a/7 9'' LCJ 6 7 Harbor Commission, 7p, Council Chambe `J ,€"g a (%x0' PA if ill 8 i 9 9 SLANNING ZONING COMMISSION, 7p, Council Chambers 10 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 11 12 13 14 15 f2 f j 9,40�" 4)J 4eirl",‘ ,,,0 16 CITY COUNCIL MEETING, 7p, Council Chaff i /ld4 /7 17 18 19 20 21 1: HOLIDAY /CITY OFFICES/ CLOSED 22 23 PLANNING ZONING COMMISSION, 7p, Council Chambers 24 25 26 27 28 Jan 2011 6 M T W T F S Mar 2011 STWT 6 F S 3 4 5 6 7 8 E 10 11 12 13 14 15 15 17 18 12 20 21 22 2 24 25 26 27 28 20 30 31 1 2 3 4 5 6 7 8 b 10 11 12 13 14 15 15 17 10 18 20 21 22 23 24. 25 26 27 28 28 30 31 -157- Sunday Monday Tuestlay Wednesday Thursday Friday Saturday 1 2 3 4 5 Feb 2011 3 M IN 7 F S Library Commission 7p, Council Chambers CITY COUNCIL MEETING, 7p, Council I k irir'x: Ortere9 F6rw p�� ry e 7 2 a 4 5 a IQ 11 2 IS 14 15 16 17 18 19 Chambers 2u 21 22 23 24 25 25 27 28 6 7 8 9 10 11 12 Harbor PLANNING Airport Commission, 7p, Council Chambers ZONING COMMISSION, 7p, Council Commission, 7p, Council Chambers Chambers Council an Aging, 4130p, Senior Center yyy� 13 14 15 16 17 18 19 CITY COUNCIL MEETING, 7p, Council Chambers 20 21 22 23 24 25 26 PLANNING ZONING i COMMISSION, 7p, Council Chambers r N 28 29 30 31 Apr2011 3 4d 3 W T F S 1 2 3 4 5 6 7 8 9 10 11 12 15 14 15 15 87 18 19 20 21 22 28 24 25 25 27 28 29 30 March 2011 MEETING CALENDAR -158- Sunday Monday I Tuesday Wednesday Thursday Friday Saturday 1 2 Mar2011 May 2011 3 M T A T .F 2 1 3 M T T F 3 1 2 3 4 5 2 3 4 8 8 7 '6 7 8 9 10 11 12 3 9 10 11 12 13 14 13 14 15 16 17 16 19 15 1a 17 18 15 20 21 20 21 22 23 24 25 26 (22 23 24 25 26 27 28 27 28 29 30 31 29 35 31 6 3 4 5 6 7 8 9 Library CITY Parks Commission, COUNCIL Recreation 7p, Council MEETING, 7p, Commission, Chambers Council 7p, Council Chambers Chambers 10 11 12 13 14 15 16 Harbor Beautification PLANNING Airport Commission, Committee, ZONING Commission, 7p, Council 7p, Council COMMISSION, 7p, Council Chambers Chambers 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center 1 7 18 19 20 21 22 23 CITY COUNCIL MEETING, 7p, Council Chambers I 24 25 26 27 28 29 30 I PLANNING ZONING COMMISSION, 7p, Council Chambers r April 2011 MEETING CALENDAR -159- 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 9, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Resolution No. 2011 -01 Recommending and Supporting a City of Kenai Request to the State of Alaska Department of Health and Social Services to Fully Fund Medicaid Reimbursable Rates for Home- Delivered and Congregate Meals. ITEM 8: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION a. February 10, 2011 ITEM 10: QUESTIONS COMMENTS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION a. Kenai City Council Action Agendas of December 15, 2010 and January 5, 201 ITEM 13: ADJOURNMENT COUNCIL ON AGING ANNUAL MEETING JANUARY 13, 2011 KENAI SENIOR CENTER 4:30 P.M. -160- PENDING APPROVAL MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Geller called the meeting to order at approximately 4:30 p.rn. Roll was confirmed as follows: Members present: Members absent: Staff/Council Liaison present: A quorum was present. ITEM 2: Member Osborn requested City Manager Koch be moved forward on the agenda and be heard prior to Item 3. MOTION: Member Osborn MOVED to approve the agenda as amended and Member Nelson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: MOTION: COUNCIL ON AGING ANNUAL MEETING JANUARY 13, 2011 KENAI SENIOR CENTER 4:30 P.M. VICE CHAIR VELDA GELLER, PRESIDING AGENDA APPROVAL ELECTION OF CHAIR AND VICE CHAIR Member Flowers MOVED to nominate Velda Geller as Chair. Member Milewski SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Member Osborn MOVED to SECONDED the motion. L. Flowers, C. Unger, V. Geller, B. Osborn, L. Nelson, M. Milewski J. Huffier, V. Graham Senior Center Director R. Craig, Council Member M. Boyle ominate Linda Flowers as Vice Chair. Member Nelson -161- VOTE: There were no objections. SO ORDERED. ITEM 4• APPROVAL OF MEETING SUMMARY December 9, 2010 MOTION: Member Osborn MOVED to approve the meeting summary of December 9, 2010 and Member Nelson SECONDED the motion. There were no objections. 50 ORDERED, ITEM 5: PERSONS SCHEDULED TO BE HEARD None ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Resolution No. 2011 -01 Recommending and Supporting a City of Kenai Request to the State of Alaska Department of Health and Social Services to Fully Fund Medicaid Reimbursable Rates for Home Delivered and Congregate Meals. Heard before Item 3. Rick Koch, City Manager, City of Kenai City Manager Koch reviewed the resolution and noted he would take the resolution to Juneau as support for fully funding Medicaid Reimbursable Rates for home delivered and congregate meals. MOTION: Member Flowers MOVED to pass Resolution No. 2011 -01 and Member Nelson SECONDED the motion. VOTE: There were no objections. 5O ORDERED. ITEM 8: REPORTS 8 -a. Council on Aging Chair 8 -b. Director Craig reported Alex Koch would be investigating improvements that could he made to the sound system in the solarium and would be bringing her an estimate of cost; noted she would be participating in Age Net's Fly In on February 6 8, 2011; and, encouraged employees to attend the Volunteer Appreciation Dinner January 21, 2011 at 6:30 p.m. -162- COUNCIL ON AGING ANNUAL MEETING JANUARY 13, 2011 PAGE 2 8 -c. Council Liaison Council Member Boyle reviewed the action agenda items of the January 5, 2011 City Council meeting which was included in the packet, noting land purchases by the City. ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION 9 -a. February 10, 2011 No notices of absences were stated. ITEM 10: QUESTIONS COMMENTS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION 12 -a. Kenai City Council Action Agendas of December 15, 2010 and January 5, 2011. ITEM 13: MOTION: ADJOURNMENT Member Milewski MOVED to adjourn and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -163- COUNCIL ON AGING ANNUAL MEETING JANUARY 13, 2011 PAGE 3 1 lave with a Past, Ct y with a Future" 210 FideIgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us KEN ALASKA a/ MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City C1er DATE: January 25, 2011 RE: AIRPORT COMMISSION MEMBERSHIP With the appointment of Henry Knackstedt to the Planning Zoning Commission, the Airport Commission has a vacancy. Mr. Knackstedt's position on the Commission was as a representative of the Civil Air Patrol. Attached is a letter of resignation from Mr. Knackstedt and a second transmission noting his consent to serve on both commissions until a replacement has been found for him on the Airport Commission. Also attached is the application of Jim Trudeau, as well as a list of the current Commission's membership. clf Attachments -164- Carol Freas From: Henry Knackstedt [hknackstedt @hotmail.com] Sent: Friday., January 21, 2011 4 :18 PM To: Carol Freas Subject: RE: Planning and Zoning Carol Please consider this my resignation from the Airport Commission. However, at the Mayor's pleasure, 1 am willing to stay on the Airport Commission for a while until she finds a replacement. Please let me know what her direction is. Thanks Henry Subject: RE: Planning and Zoning Date: Fri, 21 Jan 2011 08:29:55 -0900 From: cfreascaci.kenai.ak.us To: hknackstedt@lhotmail.com Good morning Henry, I noticed on your application for the Planning Zoning Commission, you mentioned you would resign from the Airport Commission if appointed to P&Z. Would you please send an email or letter of resignation from the Airport Commission to me please? Makes things so much neater....though you know, the Code allows you to be a member of both. Thanks and congratulations! Carol From: Henry Knackstedt fmailto:hknackstedt @hotmail.com i Sent: Thursday, January 20, 2011 5:09 PM To: Marilyn Kebschull Cc: Carol Freas Subject: RE: Planning and Zoning Thanks! I look forward to working with you as well. Henry Subject: Planning and Zoning A Date: Thu, 20 Jan 2011 16:07:19 -0900 From: mkebschulh@aci.kenai.ak.us To: hknackstedt(a)hotmail.com CC: cfreas@ci.kenai.ak.us Welcome± Here's the pdf of the packet for next week's meeting. The agenda will be amended to have you sworn in after the roll call. A copy of the packet and other information will also be mailed to you. If you ever have any questions or would like additional information, don't hesitate to contact me. Looking forward to working with you, r -165- Caro! Freas From: Henry Knackstedt [hknackstedt @hotmail.com) Sent: Friday, January 21, 2011 4:24 PM To: Marilyn Kebschull; Carol Freas Subject: RE: Planning and Zoning Marilyn Carol Since I was not at the City Council meeting, I don't know if my comment about resigning was discussed or had any bearing on my being appointed. I just sent Carol a "conditional" resignation, but I really don't have a problem serving on both commissions. I think that per my email to Carol, I wilt leave that decision up to Pat. In fact, will be happy to serve on both at least for a while. Henry Subject: RE: Planning and Zoning Date: Fri, 21 Jan 2011 08:48:56 -0900 From: mkebschulhaci.kenai.ak.us To: hknackstedt(EEDhotmail.com Henry, I just spoke to Mary regarding the Airport Commission. Not sure what your thoughts are on serving on both. Didn't know if you were aware the City of Soldotna has a member of the Planning Commission serve on the Airport Commission. Colleen Denbrock has done it for over 20 years. This may be the perfect time for you to serve on both with the Airport Master Plan, Comprehensive Plan, etc, Food for thought) TGIF Henry Marilyn K. Kebschull, AICP Planning Administration City of Kenai 210 F idalgo Avenue Kenai, AK 99611 907- 283 -8235 From: Henry Knackstedt j mailto:hknackstedt©hotmail.coml Sent; Thursday, January 20, 2011 5:09 PM To: Marilyn Kebschull Cc: Carol Freas Subject: RE: Planning and Zoning Thanksl I look forward to working with you as well. Subject: Planning and Zoning Date: Thu, 20 Jan 2011 16:07:19 -0900 From: mkebschull ci.kenai.ak.us 1 -166- /e KENAI ALASKA DATE: r `7/ zLLC2`(Z NAME: --SL M Crtt ALA- I r✓9._r Resident of the City of Kenai? IV {'f €201-c- How long? 12 9 tIht 5 v 7"4r" f Residence Address 'Y CSSo T -l7X i&r.Ir. /cw4 Mailing Address ri 5 b x Home Fax No. 77,4 F3 /bon Business Fax No. May we include your contact infor include? EMPLOYER: SELF at NAME OF SPOUSE: f IY et n Past organizational memberships: A (cis 4 c t6> r 2 A t o LACKGROUND AND PERSONAL DATA CANDIDOR APPOINTMENT COMMITTEES AND COMMISSIONS �EeE%F�E® No v 92010 I icE AI CITY___ PHONE: 283 -7535, EXT. 231 1� (Ai b2 R Lny' Ct'A Home Telephone No. Business Telephone No Email Address: A-KSI -c on on our web page? ALL If not all, wh Current membership in organizations: eA 41 4, ?LYii.f/ rtut['# i'2 5 J /2E5 7 f nf'il 1 r, 1 AO CITY 01 KENAI "Village with a past City with a future." Job Title COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: A /R9i2 11/1rhts5 /dam WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? ij 4n pPOinniw, TNr f4v ne4.) /4r6ij zr,; ,f I Div t i A-itZPOCr WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? fit° i 5 ceG" I 5� R< i l./ l�t/J/>F N r 471 Peibni(eur7y-ear l C` .v' '4 .l a. 1 >ea J I' rye .)h' t,?(-,. 2 �1 Antenigilz or dc757-0 rf2C 41=t /3ul Sienatut'"e -167- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 n nformation may we �SY 41 rl- 'i;-1 i-rnr FAX- 283 -5068 a S CO W'-- lIH U OF LUyt Lr 4 ,2et rR6 Commissioner Name and Address Hoare 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 (f) At Large 2013 James L. Bielefeld Airport Commission P.O. Box 46 Kenai, AK 99611 260 -3248 283 -4124 kenaiavtaahoo.cos FBO 2013 *Henry H. Knackstedt Airport Commission 1602 Barabara Drive Kenai, AK 99611. 283- 2853 262 -2021 Ss1cn,ackstedfl hotmeu.,com. CAP 2013 Glenda Feeken Airport Commission 10672 Kenai Spur Kighway, X109 Kenai, AK 99611 283 -9397 283 -5888 (p) 283 -5388 (f) gfreken net At -Large 2014 Eric Mayer Airport Commission P.O. Box 1697 Soidotna, AK 99669 252 -0318 eri is'preti Lessee 2014 Randy K. Rogers Airport Commission 35555 Kenai Spur Highway, PMB 347 Saldotna, AK 99669 260- 3003 283 -3735 (p) 283 -4371 (f) Randv.i:.ro a.gcv FAA 20 Larry E. Porter Airport Commission 310 Rogers Road Kenai, AK 99611 283 -4348 283 -1581 LBP993244hotmail.com At -Large 2012 Council. Member Ryan Marquis City of Kenai P.O. Box 569 Kenai, AK 99611 283 -7405 398 -8058 (cell) rvan(lilmarquisf'orkenai.com City Council Liaison Mary Bondurant, Airport Mgr. City of Kenai 305 North Willow St., Suite 200 Kenai, AK 99611 283 -7951 mhondurantfthe kenai.ak.us Airport Manager AIRPORT COMMISSION Meets Second Thursday Kenai Council Chambers 7:00 p.m. *Chair *Vice -Chair -168- (1,/21/2011) TO: FROM: Carol L. Freas, City C rk DATE: January 28, 2011 Clf Attachment Mayor and Council Members "Vi((aye with a Past, Gc y with a Fiittrire" 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 Currently there is one vacancy on the Parks Recreation Commission. I have attached the application of Rebecca Lambourn. -169- the f e e KENAI. DATE: IoI NAME: F S C i Mailing Address x4 i (�-a'� -t,- C `f (9 Home Telephone No. J'3 ?5" Home Fax No. Cr_ Business Telephone No Business Fax No. Email Address Cebe..c<tcrr, Ai c May we include your contact information on our web page? ALL. i If not alt, what information may we include? Resident of the City of Kenai? f L LP Residence Address c EMPLOYER: Q.. l "`"�`v�f.,7\, 6) Ht. Job Title NAME OF SPOUSE �"'i U.V`� \‘Q-A.-.) C_ vv. c Current membership ist organizations: SNl CS V V i ilk CO0t'1C e 1. y L L C.5 Y'° Past organizational meembershii,ps: 1 1/4 V 1t) trite, e COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ::T ,r (c.s ��re0d WHY DO YOU WANT TO BE INVOLVED CITY OF KENAI BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS t o 0 3 "Village with a past City with a future." Sgnature -170- \c Av C A, G RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 How long? 2 G) A 2 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Cammiss Name and Address Home Phone Sassiness Phone Email Address Term Ends January 2012 Jim Beeson Parks Recreation Commission 36835 Cheechako News Drive Soldotna; AK 99669 262 -4009 283 -7524 ibeeson(3kgbscLicl2.ak,us Charlie Stephens Parks Recreation Commission 110 Wooded Glen Kenai, AK 99611 283 -6487 N/A reste21aensiptei.net 2014 Vacant Kenai_ AK 99611 2012 Kim McDonald Parks Recreation Commission 328 Portlock Kenai, AK 99611 283 -8710 (p) 283 -8853 (f) 262 8855 x30 kimiiiredoubtrea1v.com 20 13 Gary Oliver Parks Recreation Cornrnission 870 Set Net Drive Kenai, AK 99611 283- 7487 2013 Benjamin Gilman Parks Recreation Commission `21 G`Susieanna "Lane Kenai, AK 99611 2014 *Al Hull Parks Recreation Commission 37216 Cetacea Lane Kenai, AK 99611 283 -9046 335 -2781 alhuilastech(,acealaska net 2012 Council Member Joe Moore City of Ken.ai P.O. Box 403 Kenai, AK 99611 283 -4610 262 -7478 (p) 262 -6107 (i) epaio aaltroeco.com Council Liaison Bob Prates, Director Parks Recreation Department 210 Fidaigo Aven.ue Kenai. AK 99611 283 3692 (p) 283 -3693 (f) bfrates ci.icenai.a,lc.us PARKS at RECREATION COMMISSION Meets First Thursday January, April, July and October Kenai City Council Chambers 7:00 p.rn. *Chair *Vice -Chair -171- (1/06/201.1) 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Commissioner Twait CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 12, 2011 7:00 p.m. *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion; There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *December 8, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. PZ 11 -02 A resolution of the Kenai Planning and. Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to provide for new regulation of beekeeping within the City of Kenai including the citation procedures and penalties for violation of ordinances, and making technical changes and corrections. Discussion. Set public hearing. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration D Zoning Setbacks Airport Properties 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) -172- PENDING APPROVAL 11. INFORMATION ITEMS: a. 2010 CUP Report b. 2010 Building Report c. 2010 P8, Report d. 2010 Code Enforcement Report e. 2011 Meeting Schedules f. Kenai City Council List 12. NEXT MEETING ATTENDANCE NOTIFICATION: January 26, 2011 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: -173- ITEM 1: CALL TO ORDER Vice Chair Romain called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Romain, T. Navarre, P. Bryson, K. Rogers Commissioners absent: J. Twait (excused) Staff /Council Liaison present: City Planner M. Kebschuli, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Bryson read the following lay downs: ADD: 7 -a. PZ11 -02 Draft Ordinance with Attorney's Recommended Changes. 11 -g. Invitation to Open Meetings Act Training MOTION: Commissioner Navarre MOVED to approve the agenda with the lay downs and Commissioner Rogers SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -c. MOTION: VOTE: Consent Agenda CITY OF KENAI PLANNING ZONING COMMISSION JANUARY 12, 2011 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING MINUTES Commissioner Navarre MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. -174- There were no objections. SO ORDERED. 1 -d. *Excused Absences Jeff Twait Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES December 8, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5• PUBLIC HEARINGS None ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 -a. DISCUSSION /SET PUBLIC HEARING PZ11 -02 A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to provide for new regulation of beekeeping within the City of Kenai including the citation procedures and penalties for violation of ordinances, and making technical changes and corrections. City Planner Kebschull reviewed the staff report included in the packet, noting the resolution would add honeybees to the existing livestock ordinance in the City Code and the lay down was the draft ordinance that would be presented to City Council. MOTION: Commissioner Bryson MOVED to recommend advancing the changes from the lay down for public hearing and Commissioner Rogers SECONDED the motion, VOTE: There were no objections. SO ORDERED. PLANNING AND ZONING COMMISSION MEETING JANUARY 12, 2011 PAGE 2 -175- Kebschull noted the resolution would be advertised and available on January 13, 2011 and Administration would notify all interested parties. The public hearing was scheduled for January 26, 2011. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the City Council's actions on the following: Goddard Board of Adjustment Hearing on December 13, 2010. Wind Turbine Study work session on December 15, 2010. Molloy reported three sites were investigated and it was concluded a wind turbine was not economically feasible for the City at this time. City Council meeting of December 15, 2010. Work Session with Legislators on December 21, 2010. City Council meeting of January 5, 2011. Molloy noted a work session would be held on new building codes scheduled for March 3, 2011. 9 -b. Borough Planning No report. 9 -c. Administration Zoning Setbacks Airport Properties Kebschull reported the following items: The Kenai Racing Lions may need a conditional use permit if its usage had changed. She reviewed the yearly reports included in the packet. Administration had received four proposals for the Comprehensive Plan and reported two would be making presentations to the review team on February 3, 2011. Buccaneer Alaska would be applying for a conditional use permit for a. gas manufacture and storage facility at the January 26, 2011 meeting. ITEM 10: ITEM 11: PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS 11 -a. 2010 CUP Report 11 -b. 2010 Building Report 11 -c. 2010 P &Z Report 11 -d, 2010 Code Enforcement Report 11 -e. 2011 Meeting Schedules 11 -f. Kenai City Council List PLANNING AND ZONING COMMISSION MEETING JANUARY 12, 2011 PAGE 3 -176- ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. January 26, 2011 No Commissioners reported they planned to be absent from the meeting. ITEM 13: COMMISSION COMMENTS QUESTIONS The Commissioners thanked Jerry Brookman for his years of setvice on the Commission. ITEM 14: ADJOURNMENT MOTION: Commissioner Navarre MOVED to adjourn and Commissioner Bryson SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:35 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JANUARY 12,2011 PAGE 4 -177- 1. CALL TO ORDER: a. Roll Call b. Election of Chair Vice Chair c. Agenda Approval d. Consent Agenda e. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 26, 2011 7:00 p.m. PENDING APPROVAL *A11 items listed with an asterisk are considered to he routine and non controversial by the Commission and will be approved by one motion, There will be no separate discussion of these items unless a Commission Member so requests, in which case the hem will be removed from the Consent Agenda and considered in its nonmai sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *January 12, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ1 1 -01 An application for a Conditional Use Permit for a Natural Gas Production Facility for the property known as a portion of the W1/2 Lying North of Kenai Spur Highway Excluding Baron Park Subdivision No. 7 No. 12 (700 Marathon Road), Kenai, Alaska. Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. b, PZl 1 -02 A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3.10. Control and Treatment of Animals, to provide for new regulation of beekeeping within the City of Kenai including the citation procedures and penalties for violation of ordinances, and making technical changes and corrections. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. *PZ1 1 -03 An application for a Horne Occupation for a Daycare for the property known -178- as Lot 1, Block L. Woodland Subdivision Part 1 (530 Ash Avenue), Kenai, Alaska. Application submitted by Lupine M. Orlob, Sproutlets Creative Learning, 530 Ash Avenue, Kenai, Alaska. b. Outdoor Wood Burning Boilers Discussion/Schedule Work Session. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED. (3 Minutes) I1. INFORMATION ITEMS: a. Conunissioner Rogers request for excused absences for February meetings. 12. NEXT MEETING ATTENDANCE NOTIFICATION: February 9, 2011 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 2 -179- ITEM 1: A quoru m. was present. 1 -b. MOTION: Agenda Approval CITY OF KENAI PLANNING ZONING COMMISSION JANUARY 26, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TVJAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at appro. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: ately 7:00 p.m. K. Koester, S. Romain, T. Navarre, J. Twait, P. Bryson, K. Rogers None City Planner M. Kebschull, Planning Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Bryson read the following additions to the agenda: ADD: 1 -f. Administer Oath of Office 5 -a. Letter of Project Support I 1 -b. Planning and Zoning Commission Roster 11 -c. Commissioner Knackstedt Appointment Letter Commissioner Bryson MOVED to change the order of the agenda as follows: 1 -b. Agenda Approval 1 -c. Administer Oath of Office 1 -d. Election of Chair and Vice Chair 1 -e. Consent Agenda 1 -f. Excused Absences and approve the agenda as amended. Commissioner Navarre SECONDED the motion. VOTE: There were no objections. SO ORDERED. -180- 1 -c. Administer Oath of Office Mayor Porter administered the Oath of Office to Henry Knackstedt and Commissioner Knackstedt took his seat at the dais. 1 -d. Election of Chair and Vice Chair MOTION: Commissioner Bryson MOVED to nominate Jeff Twait as Chair and Scott Romain as Vice Chair and Commissioner Rogers SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -e. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -f. *Excused Absences Approved by consent agenda. *All. items Iisted with an asterisk (r) are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES January 12, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 2 -181- 5 -a. MOTION: PZ11 -01 An application for a Conditional Use Permit for a Natural Gas Production Facility for the property known as a portion of the W1/2 Lying North of Kenai Spur Highway Excluding Baron Park Subdivision No. 7 fir, No, 12 (700 Marathon Road}, Kenai, Alaska. Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. Commissioner Romain MOVED to approve PZ11 -01 with sta Commissioner Koester SECONDED the motion. ecommendations and. City Planner Kebschull reviewed the staff report included in the packet, noting the following: 1. The use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not he significantly impaired. 3. The proposed use was in harmony with the Comprehensive Plan. 4. Public services and facilities would be adequate to serve the proposed use. 5. The proposed use would not be harmful to the public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above mentioned conditions should be met by the applicant, and could include, but were not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: 1. All permits required from City, State and Federal agencies must he approved prior to construction of the facility. Kebschull called the Commissioner's attention to the lay -down letter of project support from the Kenai Chamber of Commerce. Twait read the rules of public hearing and opened the meeting to public hearing. Carol Bannock, 1908 Aliak, Kenai Introduced herself as Executive Director of the Kenai Chamber of Commerce and read the Chamber's support resolution. Rick Baldwin, 3080 Kim -N -Ang Court, Kenai Introduced himself as a representative of the Kenai Economic Development Strategy Action Team and spoke on its behalf in support of the project. There being no one else wishing to speak, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 3 -182- Koester YES Romain YES Navarre I YES Twait YES YES Bryson YES Rogers I YES Knackstedt Commissioner Bryson noted there had been an omission in the legal description of the property. MOTION TO AMEND: Commissioner Bryson MOVED to amend the resolution by adding Section 33 to the legal description and Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT: Koester YES Twait YES Knackstedt r YES MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. 5 -b. MOTION: Romain 1 YES Navarre Bryson YES Rogers Twait read the 15 -day appeal process procedure. -183- YES YES Commissioner comments included: Inquiry if the Fire Training Center could be used as offices. Noted the production facility would only be on a portion of the property and, if it was determined the facility could be moved, the change would require another public hearing. PZ11 -02 A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to provide for new regulation of beekeeping within the City of Kenai including the citation procedures and penalties for violation of ordinances, and making technical changes and corrections. Commissioner Romain MOVED to approve the recommendation to City Council and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the amendment would be to the portion of the Code regarding livestock. PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 4 Koester YES Romain YES Navarre YES Twait YES Bryson YES 1 Rogers 1 YES Knackstedt YES I Twait opened the meeting to public hearing. Sarah Souders, 1103 Oak Avenue, Kenai Ms. Souders spoke in opposition to the amendments and specifically to the need for Items 3 and 4 under 3.10.070. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Navarre MOVED to remove Item 4 under 3.10.070 and requested UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: ITEM 7: UNFINISHED BUSINESS None NEW BUSINESS 7 -a. *PZ11 -03 An application for a Home Occupation for a Daycare for the property known as Lot l., Block L, Woodland Subdivision Part 1 (530 Ash Avenue), Kenai Alaska. Application submitted by Lupine M. Orlob, Sproutlets Creative Learning, 530 Ash Avenue, Kenai, Alaska. Approved by consent agenda. 7 -b. Discussion /Schedule Work Session Outdoor Wood Burning Boilers. Kebschull reviewed the memorandum included in the packet and Twait opened the meeting to public hearing. Carolyn Unger, 1076 Walnut, Kenai Ms, Unger spoke in support of holding a work session. There being no one else wishing to speak, the public hearing was closed. General Commission discussion occurred and a work session was scheduled for PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 5 -184- February 23, 2011 at 6:00 p.m. ITEM 8: ITEM 9: 9 -a. ITEM 10: ITEM 11: 11 -a. 12 -a. February 9, 2011 PENDING ITEMS None REPORTS City Council Council Member Molloy reported on the following items: A decision was made in the Goddard Board of Adjustment Hearing of December 13, 2010. The January 19, 2011 Council Meeting. The Work Session on the Open Meetings Act on January 24, 2011. 9 -b. Borough Planning Commissioner Bryson reported on the Borough Planning Commission Meeting of January 24, 2011. 9 -c. Administration Kebschull reported the Commission would see an application for a variance on the Dena'ina Clinic due to the proposed size of the building and they would be reviewing plats arid landscape site plans for the project as well. PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS Commissioner Rogers request for excused absences for February meetings. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION Commissioners Twait and Rogers noted they would be absent from the February 9 meeting. Commissioner Bryson noted he would be absent from the February 9 and 23, 2011 meetings. ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Knackstedt Noted he was pleased to begin his term on the Commission and he would remain on the Airport Commission. Romain Welcomed Knackstedt to the Commission. Koester Thanked the public for the comments. Navarre Noted concern with the coloring on wind turbines. Kebschull read the portion of the Code that said wind turbines could not be brightly colored or reflective. PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 6 -185- ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Cos motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:23 p.m. Minutes prepared. and submitted by: Corene Hall, CMC, Deputy City Clerk issioner Bryson SECONDED the PLANNING AND ZONING COMMISSION MEETING JANUARY 26, 2011 PAGE 7 -186- KENAI, ALASKA MEMO NDUM TO: Mayor and Council Members FROM: Carol. L. Freas, City Clerk DATE: January 28, 2011 RE: BEAUTIFICATION COMMITTEE MEMBERSHIP CIf Attachment "Villayr e with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Currently there are two vacancies on the Beautification Committee. I have attached the application of Connie Jung. -187- JAN -26 -2011 WED 12:16 PM K. C, N. S, JAN2 KENAI CITY CLERK OATS: in)j 'NM= FAX NO, 9072833230 P. 01/01 CITY OF KENAI n Village with a pan GYt• with a f:tura o BACXGRDDN0 AND PEIt5ONAL DATA CARIIIIULTES FOR APPOSNTM:SNT COMMt1"I'EZts AND COMMISSIONS MUDS TO: EE8AI CITY cum 210 2N7ALG0 AVENUE =FM, AE 99611 /MOM 283.7535, EXT. 231 PAL 283.6059 ■P,c. How long? 34 Rosidonoo Addr000 iI tbor.L. l.:py c Mpliag Address S--.•e— _Ionic Telephone N. a 83 -5 N', `k 'Hama Fox No 25r; 3 ti y9 Huslaoss Talcphonc NA Bn�neag,Pex Na Ramll Addre i S(4rvi B? Li716liao-•qr4n rt May we izolnda yrour contact biormatlau on our Web page? Y! aok ah,'w±iat informa+Jon. ro we include? EMPLOYER: ee.i l ✓r -R..J Job Title MEM of rove 1; Cr est k Current mombcr.hip in orennlzotlona• /11017 Roold.ut of tho CST of "ROMMP 44.1a R. OOMS>ITTR'E8 OR coen1IBBIONB 1N swam Tot! ARC anzaser -188- rdd1so: lCm+n.n ✓P�.i,., Sr, A.., rvm..A.- Cd•.� AF/MSe- 1 a c a zure i OR C1 }11 !l1L67 90 •04 POSSES® TO =MTh TO TIM DOARVI, Committee Member Name and Address Home Phone Business Phone Email Address Tenn Ends January Marilyn Dimmick Beautification Committee 1113 Walnut Avenue Kenai, AK 99611 283 -3910 (pj 283 -3973 (f) 2013 Vacant 2014 Peggy Baxter Beautification Committee 1619 Toyon Way Kenai, AK 99611. 283 -6186 ralba43racsalaslca.net 2014 Tricia Canady Beautification Committee P.O. Box 987 Kenai, AK 99611 283 -5810 690 -0637 biota kenainacsalaska.net 2013 Lisa Gabriel Beautification Committee 2305 Watergate Way Kenai, AK 99661 283 -4519 Gabriel l(llaiaskii.net 2012 Susan Lovett Beautification Committee 604 Laurel Drive Kenai, AK 9961.1 283 -9469 283 -2101 (p) 283 -3230 (fl slovett&i7lcuoset.ic12. air. us 2012 Vacant 2012 Mayor Pat Porter City of Kenai 310 Rogers Road Kenai, AK 99611 283 4348 kenaimavorl0ri:msn com Council Liaison BEAUTIFICATION COMMITTEE Meets Second Tuesday January, April, May, September and October 7:00 p.m. Kenai City Council Chambers *Chair *Vice -Chair -189- (i/28/2011) mrAA -7 TO /T0 3Ddd CITY OF KENAI f` tpcni Wee "Village with a past City with a,future. BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS anio B E PHONE° 283 RETURN TO: KENAI CITIr CLERK 210 FIDALE()AVENUE KENAI, AI1p 99611 2 283 -5068 y I DATE: 1 I''a1 I I I NAME: o f a-f- y r al InPYt fll4 n Resident of the City of Kew i? J How long? a• Residence Address j 311 Roe_rs Rd 'na l t l i cIcf 1 Mailing Address f o I3 (9-1 PX -I ?1 KKenai A 14 Home T lephone No. `"I (1 t t3. 1 015 Home Fax No, Business Tcleph e No phone r, r Business Pax No R�• tar Email Address: inanrPg posi +wEPla.r l ir <4045, co May we incl cle your copt y c information on our weir page ALL H not all, what information may we include? NII Me fi Gl r i t"�S� i-rime p h EMP (.�u_ LOYER: V S 6irls bs oi-'l k1Kent;? ni fsr~tRJob Title 1 ndsite DI t NAME OF SPOUSE; tJC S V cS'chI fie MC( n Current membership in organizations. T1FYi5� S I ee Z Past organizational memberships t"Pr j ns IA 1 A I rot n k nt J I I w TAM DU WANT TO BE INVOLVED WITH THIS CO MISSION OR COMMITT' E? Goy s s es err, ti Lit oh -fourilVn i6 @KIYPrVtPl in P or -ten 0b4-r. r ma,' in 1 Y. A/ I la COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 'PAU oni n akje i e rek ies tsar �s hirll AS it1 l9Ur Qum t 11, WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR CO TTEE MEMBERS e T&rn &v t s- ir, 14i Z e► a Alr�"i c i i e i, CJ P'raM+ih' P. C I'We -6 i XA_ l r 4 4 Willi 06TBEBl VE:EO TTOZ, /Bl /TO arol Fre From: Sent: To: Subject: Hal Smalley Lhvsmalley ©yahoo.com] Tuesday, January 18, 2011 10:51 PM Carol Freas; hal smalley Assembly Meeting Report 1/18/111 The Kenai Peninsula Borough Assembly Mayor and Finance Director Craig Chapman met at 2:00 for a comprehensive analysis of the KPB budget document. This was to familiarize current Assembly members( refresh informnation and farnilarize the new Assembly members with the KPB budget document. Since the 2012 budget will not be avalable until May 201 1 out current budget was used. The committee meetings met at 3:30 to discuss the Ordinances and Resolutions scheduled for introduction or on the consent agenda. Three ordinances for introduction were discussed in the Finance Committee meeting and seven objections to renewal of liquor licenses due to unpaid taxes. Alaskalanes Bowling Center and Little Skimo's Burger and Brew in Kenai were on the list and were removed from the list of objections. There were no Lands Committee considerations. Under Policies and Procedures Committee the Mayor briefly discussed issues from his report. One impacting Cook Inlet was a decision in Washington DC to require a new Jones Act waiver for the jack -up rig ccurrently being fitted for cold weather operation and scheduled for relocation in Cook Inlet later this year. This new waiver requirement could delay activity on Cook inlet. The Mayor sent a letter to Prtesident Obama requesting that this process procede rapidly so as not to postpone the program and potential drilling in Cook Inlet this year. Two ordinances were discussed on the content agenda and scheduled for introduction at the evening meeting. Of these, Ordinance 2010 -19 -32 accepting and appropriating $129,820 from the State Department of Public Safety to fund two temporary Kenai Peninsula Borough Dispacher posistions at the Soldotna Public Safety Communications Center brought out a lot of discussion. It normally would he assigned to the Finance Committee, hut was discussed under Policy and Procedures as Pressident Knopp felt it was a bad policy to fund temporary positions with grant funds for a year and then either terminate the employees or the borough would have to assume full financial responsibility. The other rub was that these would be two new borough employees making the number of borough employees at 11 and the State of Alaska, three. There are currently three vacanies by the state and have been vacant for over a year. Discussion ensued that the state needs to have balance in number of employees at thiss facility since the 911 calls and emergency situations involve state areas, not KPB responsibilities. The Legislative Committee had foour items on its agenda, A current Legislative Update whicch was the 90 day session started today. There was a discussion of the federal priorities List and of the federal transportation list. These lists will be finalized and approved at the Feb. I st Assembly meeting. The Assembly was reminded that the group that traveled. to Washington DC last year heard consistently from all three congressional leaders that DC does not fund buildingsnor solid wasteprojects in any shape or form. We will need to modify our priorities as there are projects on the list in these categories. We discussed our upcoming legislative trip to Juneau, Feb. 7 -11. The Borough Clerk has set up meetings with our legislators and the Governor to discuss our State Priorities list. Lastly, t gave a brief report from my trip to Washington DC on Jan. 11 -14 to attend a NACo /AML /NCCAF meeting to discuss legislative strategies for the NACo legislative priorities. We also received legislative overviews and held discussions with the Under Secretary of the Department of Transportation, the Under Secretary of the Department of Agriculture, and a supervisor from the U.S. Department of Health and Human Services. The only item fro discussion and action by the Assembly at the evening meeting was Ordinance 2010 -19 -32 dealing with the funding of two temporary employees at the 911 emergency center. Suppport for the introduction of the ordinance centered around the fact that this filled and immediate need and Mayor Carey was requested to work with the State Department of Public Safety to remedy other problems at the facility like hiring additional state employees, etc. The ordinance passed yes -8 no -1 for introduction, scheduled for public hearing Feb. 15th. With no other business before the Assembly, we adjourned at 8:OOPM, new record on adjournment time. The next KPB meeting will be Feb. 1St at the Soldotna Borough building. The preliminary budget process for this next year is currently underway. Hal Smalley hvsnlallev(a)vahoo.com cell 907-953-1222 home 907 283 -7469 2 -191- INFORMATION ITEMS d 1/5/2011 Purchase Orders Between INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 2. Budget Transfer in Capital Projects in excess of $5,000. 2,500 and $15,000 for council review. a 0 LL 0 0 0 0 0 ui r z Q 0 c 0 N 0 Q Z W a W m F 5 W LL W co LL ix 0 LL F O w tL r 2 z 5 0 a Z 0 0 0 O 0 0 0 to 0 to al rn rn ti of 7 2 4 I-- z z O t a w v w a 0 0) a. uJ J a. w 2 0 O 0 0 0 -193- CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF FEBRUARY 2, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 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. 2. 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. 3. Ordinance No. 2530 -2011 Increasing Estimated Revenues and. Appropriations by $31,81.9 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. 4. Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. 5. Resolution No. 2011 -07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet. 6. Resolution No 2011 -08 In Support of Senate Bill 3, An Act Providing for Funding for School Lunch and Breakfast." 7. Resolution No. 2011 -09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. 8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Airport May be Increased to Allow for Credit Card Acceptance for Payment of Airport Fees and Charges. 9. Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council. 10. Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment. 12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. 13. *2011 -2011 Liquor License Renewals Peninsula. Oilers Baseball Club, Inc., d /b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary, License #3032) Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package Store, License No. 4118) Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: February 3, 2011 Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. AGENDA KENAI CITY COUNCIL— REGULAR MEETING FEBRUARY 2, 2011 7:00 P.M. 'N/' KENAI CITY COUNCIL CHAMBERS http://vvww.ctkenatak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 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. 2. 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. 3. 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. 4. Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. 5. Resolution No. 2011 -07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet. 6. Resolution No. 2011 -08 In Support of Senate Bill 3, "An Act Providing for Funding for School Lunch and Breakfast." 7. Resolution No. 2011 -09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. 8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Airport May be Increased to Allow for Credit Card Acceptance for Payment of Airport Fees and Charges. 9, Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council. 10. Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment. 11. Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. 12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. 13. *2011 -2011 Liquor License Renewals Peninsula Oilers Baseball Club, Inc., d /b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary, License #3032) Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package Store, License No. 4118) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000 *Ordinance No. 2532 -2011 Increasing Estimated Revenues and Appropriations by $95,885.00 in the Airport Fund and Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. *Ordinance No. 2533-2011 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund Fire Department. 5. *Ordinance No. 2534 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund by $35,000 for an Environmental Assessment of a Project to Remove Trees Along the Southwest Side of Runway 1L/19R that are a Hazard to Aviation. 6. *Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. 7. *Ordinance No. 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by 526,500, Fire Department by $20,000, Parks Department by $3,500, and Boating Facility Department by $13,000 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. 8. *Ordinance No. 2537 -2011 Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for a New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances. and Making Technical Changes and Corrections. 9. Action Item /Approval Second Amendment to Amended City Manager Employment Contract (Three -Year Extension). 10. Discussion /Action Schedule Work Session /Possible Amendment to Commission and Committee Appointments and Public Notification o Vacancies on Commissions and Committees. EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak. us. Carol L. Freas, City Clerk D1211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece NOTARY PUBLIC in favor for the State of Alaska. My Commission expires PUBLISHER'S A V P SS: being first duly sworn, on oath deposes and says: 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 published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: January 31, 2011 X /1, g_'9_ SUBSCRIBED AND SWORN to me before this 3tJ day of February 2011 26-Aug--12 as AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httb: /www.ci.kenaiak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1 Ordinance No. 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 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. 2 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. 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. 4 Ordinance No. 2531.2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. 5 Resolution No. 2011-07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet. 6. Resolution No. 2011-08 In Support of Senate „ill 3" Providing for Funding for School Lunch and Breakfast: 7 Resolution No. 2011 -09 Authorizing Amendment of the Regulations' of the Kenai Municipal Cemetery to Delete References to Spec Fees and Charges so that Those Fees. and Charges will be as Set Forth in Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. 8 Resolution No. 2011 -10 Authorizing Amendment of the Regulations: of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a' Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Airport May be Increased to Allow` for Credit Card Acceptance for Payment of Airport Fees and Charges. 9. Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council 10. Resolution No. 2011.12 Authorizing Amendment of the Regulations. for Public: Records Inspections to Delete References to Specific Fees Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council et Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment 11. Resolution No. 2011-13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and. Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which. Time Those Public Utility Rates Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. 12 Resolution No. 2011 -14 Supporting Sound Fisheries Management: Practices and Diversified Harvest Opportunities in. the Cook Inlet: 13 "2011 -2011 Liquor License Renewals Peninsula Oilers: Baseball Club, Inc., dfb /a Peninsula Oilers' (Recreational Site /Seasonal, License #846) Pitsilionis; d/b /a Pizza Paradisos (Beverage Dispensary,f License #3032) Three Bears Alaska, Inc., 'dlb /a Three Bears Alaska, Inc (Package Store; License No. 4118) PUBLISHER'S UNITED STATES OF AMERICA, STATE OF ALASKA I ss: sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legais of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO 1193476 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 31, 2011 X Denise Reece being first duly SUBSCRIBED AND SWORN to me before this 3; day of February 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 1 7, Resolution No. 2011.09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees` and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which: Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. 8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a" Comprehensive Fee rSchedule Adopted by the :City Council at Which Time the Fees Charged by the Airport May be Increased to Allow for Credit card Acceptance for Payment of Airport Fees and Charges. 9. Resolution No. 2011.11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in Comprehensive Fee Schedule Adopted by the City Council 10, Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council: at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment 11 Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal! Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in. a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. 11 Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. 13 `2011.2011 Liquor License Renewals Peninsula Oilers Baseball Club, Inc d/b/a Peninsula Oilers (Recreational. Site /Seasonal, License #846) George Pitsilionis, dlbia' Pizza Paradisos (Beverage Dispens License #3032) Three Bears Alaska, Inc., d/b /a Three Bears Alaska, Inc (Package Store, License No. 4118) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 1 Approval. of Purchase. Orders Exceeding $15,000. 3. *Ordinance No 2532 -2011 Increasing Estimated Revenues and Appropriations by $95,88500 in the Airport Fund and Airport: Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4 *Ordinance No 2533 -2011 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund Fire Department. 5. *Ordinance No 2534 -2011 Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund by 535,000 for an Environmental Assessment of a Project to Remove Trees Along the Southwest Side of Runway 1L/19R that are a to Aviation. 6 *Ordinance No 2 535 2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. 7. *Ordinance No 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by 526,500,: Fire Department by $20,000, Parks Department by $3.500, and Facility Department by 513,000 to Purchase Equipments Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes.: City Facilities. 8 *Ordinance No 2537 -2011 Amending the :Kenai Municipal Code. Chapter 3.10, Control and Treatment of Animals, to Provide for a New Regulation of Beekeeping Within the City of Kenai including the Citation: Procedures and Penalties for Violation of Ordinances, and Changes and Corrections. 9. Action:. Item /Approval Second Amendment to Amended Cif Manager Employment Contract (Three -Year Extension). 10. Discussion/Action Schedule Work Session /Possible Amendments: to Commission and Committee Appointments and Public Notification of Vacancies on Commissions and Committees. EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT 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 gtho://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D559/211