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2011-03-02 Council Packet
Mayor /Council (5) (Porter, Boyle, Bookey, Gabriel, Moore) Clerk (2) Library (1) Attorney (1) City Manager (1) Finance (1) Student Rep. (1) Hall Binder (1) Fire (1) Clarion (1) K5RM (1) Mellish (1) Schmidt (1) ELECTRONIC COPY NOTICE MAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION 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 cS 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 (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. II IN I MI 1 II 11 OM I CI ce O. O J J 0 ww LL 0 0 2 LIJ O 0 CO MI CI ce O. O J J 0 ww LL 0 0 2 LIJ O 0 CO 6 REQUESTED BY: None. MARCH 2, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ADD TO: Item D-3, Resolution No. 2011 -21 Correction to All America City Application /Replacement Page 22 of Council Meeting Packet CITY MANAGER ADD TO: Item H -7e, Report of Kenai Peninsula Borough Assembly Meeting of March 1, 2011 CITY CLERK CONSENT AGENDA ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 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.) *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 ten (10) minutes per speaker) 1. Skyview Mock Trial Team /State Champions Requesting Support /National Competition 2. Michelle Martin, Kenai Watershed Forum "Protecting Salmon From Reed Canary Grass Ongoing" Project Funded Through Alaska Sustainable Salmon Fund 1 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited lo 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) Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance 10 2. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by 5401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project 13 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All- America City Award Application and Authorizing the City Manager to Submit the 2011 All- America City Award Application on Behalf of the City of Kenai 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012 5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014 6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge #1942 /Club (License #2494) ITEM E: MINUTES 1. *Regular Meeting of February 16, 2011 2. *February 15, 2011 Work Session Notes 3. *February 16, 2011 Work Session Notes 16 33 43 45 50 68 71 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 74 2. Approval of Purchase Orders Exceeding $15,000 75 3. Action /Approval Special Use Permit /Buccaneer Alaska Operations, LLC 77 4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center.. 93 5. Action /Approval Third Amendment to Facilities Management Agreement /Kenai Visitors and Cultural Center 97 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 103 2. Airport Commission 106 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 110 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report 116 c. Mini -Grant Steering Committee d. Kenai Convention 86 Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYO12 ITEM J: ADMINISTRATION REPORTS 1. City Manager 119 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: 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.) Ordinance No. 2537 -2011 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. (Clerk's Note: Ordinance No. 2537 -2011 was postponed, no time certain, at the February 16, 2011 Council meeting with direction to return the ordinance to the Planning Zoning Commission for further review and consideration. Upon its return to Council, the ordinance will receive an additional public hearing.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 2, 2011 Page No. 3/2/2011 Purchase Orders Between 52,500 and $15,000 for Council Review 125 2. Budget Transfer in Capital Projects in Excess of 5,000 3. Kenai Peninsula College, Resolution 2010 201103, Opposition of Kenai Peninsula Borough Budget Cuts 4. 2//23/2011 Department of Natural Resources letter acknowledging receipt of the City of Kenai s 2009 and 2010 Certified Local Government Annual Reports 126 128 Kenai Watershed Forum (KWF) is entering its fourth field season of control work on reed canary grass, an exotic invasive species that has had severe negative impacts on salmon streams in the Pacific Northwest KWF has been awarded $134,877 through the Alaska Sustainable Salmon Fund to continue its work to keep Kenai Peninsula waterways free of this invader. In order to receive this money, KWF must partner with a government entity that will act as a pass through agency. KWF is asking the City of Kenai to partner with us in this capacity. Alaska Sustainable Salmon Fund Statement of Work L Project Title: Protecting Salmon from RCG- ongoing II. Project Number: [AKSSF staff use] PCSRF Objective: AKSSF staff use] Principal Investigator Michelle Martin Kenai Watershed Forum PO Box 2937 Soldotna AK 99669 Phone: (907) 260 -5449; Fax: (907) 260 -5412 Email: michelle @kenaiwatershed.org IV. Project Start and End Date: 4/1/2011 through 11/30/2013 V. Project Description 1. Synopsis This project will continue Kenai Watershed Forum's efforts to control invasive reed canary grass (RCG) along waterways on Alaska's Kenai Peninsula. Efforts will consist of monitoring and physical removal of RCG on the Kenai River, Beaver Creek, Slikok. Creek and Johnson Lake, as well as initiating the process to obtain permits for targeted herbicide application of RCG. 2, Introduction An invasive weed, RCG, has infested thousands of acres throughout the Pacific Northwest, resulting in habitat degradation for salmon (Miller). RCG dramatically alters stream geomorphology by encroaching into the channel, altering fluvial dynamics, and increasing silt levels (Galatowitsch). When water bodies become narrower and more turbid, the amount and quality of salmon habitat is greatly reduced. A. recent survey assessed the locations of RCG on the Kenai Peninsula in South central Alaska. As of 2007, over 260 populations of RCG have been identified, most of which are the result of human use (boat launches, roads, bridges, pastures, etc.) (Galatowitsch). At this point in time, the majority of RCG populations on the Kenai Peninsula only cover one acre or less (Graziano). In 2008, Kenai Watershed Forum (KWF) began efforts to monitor and control RCG infestations on the Kenai Peninsula. Recognizing the need to prioritize from among the hundreds of known RCG infestations, KWF began by targeting a few known infestations along Beaver Creek and the Kenai River (AKSSF project #45860). The following year, KWF continued efforts at these locations while adding Slikok creek and expanding work along the Kenai River (AKSSF project #45917). In 2010, KWF [for AKSSF staff use only] Project Tide Page 1 of 8 2123/201] 4xxxx Approved by AKSSF: Date: added work at Johnson Lake with funding obtained through the U.S. Fish Wildlife Service. Those projects are ongoing and involve monitoring, mapping, digging, and tarping RCG infestations. This project seeks to complement the work. begun in those initial projects with continued monitoring, additional physical removal, and efforts to obtain the necessary permits to implement targeted herbicide application. Three field seasons after beginning efforts to monitor and control RCG, KWF has begun to assess the effectiveness of digging and tarping efforts. One thing learned is that both these activities are strenuous enough that volunteer labor can't be relied upon to implement them. It is necessary to hire seasonal laborers in order to implement these strategies. Digging has been found to be fairly effective at removing small (less than lm diameter) spot infestations of RCG, but continued monitoring over several years is necessary in order to find and remove bits of rhizome that may remain and send up new shoots in subsequent years. Taiping, combined with revegetation efforts, seems like an effective strategy for eliminating medium -sized (less than 0.5 acre) infestations in relatively flat, treeless areas. 'frees, shrubs, boulders, and rough terrain make tarping efforts less effective because patches of RCG can take refuge in these areas that can't be effectively tarped. Also, RCG has a tendency to creep out around the edges of tarped areas. In order to address the limitations of digging and tarping, this project proposes additional funding for follow -up monitoring and additional digging and/or tarping in areas that have previously been dug or tarped. It also seeks funding to go through the lengthy process of obtaining permits for targeted herbicide applications to RCG near waterways. Once these permits are obtained, KWF will seek further funding to purchase the necessary chemicals and hire a. state certified applicator to do this work. 3. Location Beaver Creek: Latitude: 60.560138462 N, Longitude: 151.125867834 W Slikok Creek: Latitude: 60.46323, Longitude: 151.14537 W Kenai River: Latitude: 60.494332468 N, Longitude: 150.651500699 W Johnson Lake: Latitude: 60.291 N. Longitude: 151.264 W 4, AKSSF Objective 1D -3 VI. Objectives 1. Project Objectives 2. Objective A: Inventory and map the RCG populations remaining at Beaver Creek, Slikok Creek, Johnson Lake, and portions of the Kenai River following control measures at those locations. Objective B: Use non chemical control methods (digging, tarping, mowing) to remove remaining RCG at the above -named sites. [for AKSSF staff use only} Project Title Page 2 of 8 2/23/2011 4xxxx Approved by AKSSF: Date: Objective C: Revegetate sites of RCG removal, where appropriate, with native plants such as bluejoint reedgrass, alders, and willows. Objective D: Obtain. Alaska DEC permits to apply an aquatic formulation of the herbicide glyphosate to RCG infestations near water on the Kenai Peninsula. Objective E: Submit GPS locations of known RCG populations, along with data on control measures implemented at those sites, to the Alaska Exotic Plants Information Clearinghouse (AKEPIC), where the information will be made publicly available. Objective F: Compile and present a report including the exact procedures and success of RCG containment at each location. 2. Methods To achieve objective A, inventorying and mapping populations of RCG at sites of previous control work, KWF staff will begin with a list of previously mapped GPS locations of RCG at these sites. They will then navigate to each site using a hand- held GPS field unit and check each location to determine whether, and to what extent, RCG is still present. Field data sheets will be completed for each location, including information on acreage, stem count, and control measures implemented. Project Title 4xxxx Approved by AKSSF: To achieve objective B, using non-chemical control methods to remove RCG, KWF staff will use digging tools to remove RCG rhizomes and above- ground parts where RCG is found in small patches and /or in areas that do not lend themselves to tarping (e.g. islands in the Kenai River that frequently flood). KWF staff will use black plastic sheeting and. highway -grade Typar fabric to tarp remaining RCG infestations that are too big to reasonably dig. In cases where an infestation does not lend itself to either digging or tarping, KWF staff may mow the RCG using a weed whacker in order to keep it front going to seed. To achieve objective C, revegetating with native plants, KWF staff will obtain native seeds and /or cutting by harvesting them locally or purchasing them from a trusted source. RCG expert Dr. Sue Galatowitsch explains the methods this project would follow: To minimize the likelihood of RCG reinvasion, treated areas need to be revegetated (unless the removal was of several plants). Closing the canopy rapidly should he an initial aim. Infested riparian areas on the Kenai Peninsula could be planted with woody species such as alders or willow from adjacent stands. On potentially unstable strearnbanks, willows could be installed as brush mattresses and allowed to adventitiously root. Many sites, including streambanks, could be seeded with local Caiamcgrostis canadensis...Directly seeding Calamagrostis coupled with a light [mulch] layer would be ideal. For the first 3 -5 years, revegetated areas should be scouted for RCG. Date: [for AKSSF staff use only] Page 3 of 8 2/23/2011 To achieve objective D, obtaining permits to apply an aquatic formulation of the herbicide glyphosate to RCG infestations near water on the Kenai Peninsula, it is necessary to go through a lengthy permitting process with the Alaska. Department of Environmental Conservation (DEC). The process includes preparing detailed documentation of the areas to be affected and the chemical to he used. It also involves a public review process, which may include attending public meetings and hearings regarding the proposal. Pending the obtaining of the necessary DEC permits, KWF will seek to secure future funding to purchase the necessary chemical and hire a state certified herbicide applicator. Objective E, submitting data to the AKEPIC database, will be completed by a KWF staff member, who will enter data into a spreadsheet for submittal the Alaska Natural Heritage Program, who administers and manages the database. Objective F. compiling and present a report, will be done by KWF staff fol.l.owing completion and evaluation of the project. Prior io cononencc +rnent of projer t activity, P1 will obtthn ADF&C Fish Resource, Fish /rarsport, otuitior other required permit's, as appropriate, VII. Benefits This project will support the PCSRF' mission to restore salmon habitat by removing RCG that is detrimentally effecting stream morphology and water quality in anadromous water bodies. The containment of RCG at key locations within the watershed will help slow the spread of this invasive grass to other areas, thereby supporting the PCSRF mission to sustain salmon habitat. Additionally, the restored and maintained habitat will contribute to healthy salmon stocks, and consequently will benefit the fishery, fisherpeople, and the local communities on the Kenai Peninsula that depend on this vital resource. VIII. Products, Milestones, and Timelines April Sept. 2011: Obtain permits to apply herbicides to RCG infestations near water. July Oct. 2011: Assess remaining RCG populations at sites of previous control measures and engage in non chemical control practices and revegetation efforts. Nov. 2011: Compile data from 2011 field season and upload to AKEPIC. July Oct. 2012: Assess remaining RCG populations at sites of previous control measures and engage in non- chemical control practices and revegetation efforts. Nov. 2012: Compile data from 2012 field season and upload to AKEPIC. July Oct. 2013: Assess remaining RCG populations at sites of previous control measures and engage in non chemical control practices and revegetation efforts. Nov. 2013: Compile data from 2013 field season and upload to AKEPIC. [for AKSSF staff use only] Project Title Page 4 of 8 2/23/2011 4xxxx Approved by AKSSF: Date: KWF FY I1 FYI2 FYI3 FY14 Total 100 Personnel $19, 480 $33,800 $14,320 $28,640 $96,240 200 Travel $500 $1,000 $500 $1,000 $3,000 300 Contractual $0 SO I SO I $4,373 $4,373 400 Supplies $2.187 $4,373 1 $2,188 $0 $8,748 500 Equipment $0 SO I $0 $0 $34,013 $0 Subtotal 522.167 $39,1.731 517,008 5112,361 600 Indirect 20.04% $4,442 $7,850 53,408 86,816 522,516 Total $26,609 $47,023 i 520,416 $40,829 8134,877 Nov. 2013: Provide final report to AKSSF. wt, stt )rrrSt I'C .SIZ per° :rrrrre semiannual, and prc)lec r cprnrtletr'on repG °rV according to the ,dKS1SF schedule, as well as copies oj'arty other report/product/ deliverable produced with this Ail invoices es will he submitted firr payment udthin 30 eta Qf the accordance with the current cA1 SF invoicing P&P. Any report or product distrrosted language.. This /reporiWic1er brr?le award Irequestavvard l f oln AKS'S1 rldrmintsu•ation, US. Department af'C•r P7, h cruel (P n e The statements, /ll& 1170Se of the authorl4) and do not mutes and ionospheric xidrninistration, the I S.. fkparirmeni rlf Fish and Game, X. Project Budget Budget Narrative: Line 100: Personnel Project Title 4xxxx Approved by AKSSF: Date: rs pteparea 5i /rec' iptent /n /front the tAtcitinncrr' Ocet. uaer^ e ccdrninistered Cry [11. e foi ncrrne} urs reflect the v Department of IX. Partners Experts on RCG, Dr. Sue Galatowitsch, Tim Miller, and Gino Graziano have been asked to contribute their technical expertise to this project. Representatives from Homer Soil and Water Conservation District, Kenai Soil and Water Conservation District, Kenai Watershed Forum, Cook Inlet Keeper, the Kenai River Center, ADF &G, and U.S. Fish and Wildlife Service will also share their knowledge on techniques to contain RCG as well as help coordinate the implementation of control measures. [for AKSSF staff use only} Page 5 of 8 ill tI elude <972919rc 9 e a ltepar urnd;aions are (gloried Oceanic he r1lasktt rIo 2/23/2011 Includes the cost of Environmental. Scientist la) $45/ hours for 80 hours, to oversee and manage the review of appropriate herbicide options and complete permitting process. Includes the cost of the Environmental technician (a). $28 /hour for 240 hours to research appropriate herbicide options and file permitting for application, attend public meetings and answer questions related to the application of herbicide. Total Personnel filing herbicide application $10,320 Includes the cost of Environmental Scientist $45/ hours for 80 hours year for 2.5 years to oversee the project, operate boats and heavy equipment as necessary to conduct the non chemical control methods Includes the cost of the Environmental technician $28/ hour for 480 hours year for 2.5 years to conduct the day -to -day operations of the non chemical eradication methods, will supervise the 2 -man labor crew. Includes the cost of the 2 -man labor crew $27 /hour for 960 hours year for 2.5 years, laborers will apply non chemical control methods under the supervision of the Enviromnental Technici an. Line 200: Travel [Include the name(s) of the traveler(s) (if known) or position title(s), dates of travel, purpose of the travel, destination, and a breakdown of travel costs including airfare, ground transportation, meals and incidentals, lodging, etc. Do not combine meals and lodging per diems, Foreign travel (including to Canada) must be approved by NOAA prior to incurring any expense; contact Debbie Maas (debbie.maas @alaska.gov) for more information.] Includes the cost of Fuel for Vehicles, boats and Bobcat. Based on actual costs from the 2010 field season where identical work was conducted Line 300: Contractual None Line 400: Supplies [Include a detailed list of supplies and their values; when grouping similar supplies together, identify the type of supplies and provide examples (e.g., "sampling supplies (e.g., clippers, alcohol, plastic bottles): $500"). For bulk items, include calculations justifying the total cost (e.g., 1,000 DNA extraction kits $3 /kit $3,000). Avoid using the word "miscellaneous" or including office supplies unless they are specific to the execution of the project (e.g., rite in the rail paper).] All supplies are based on actual costs from the 2010 field season where identical work was conducted [for AKSSF siaff use only) Project Title Page 6 of S 2/23/2011 4xxxx Approved by AKSSF: Date: KVVF FY11 FY12 FY13 FY14 Total 100 Personnel $864 $0 $0 $0 $864 200 Travel $0 SO I 50 $0 $0 300 Contractual $0 50 $0 $0 $0 400 Supplies 50 $0 $0 $0 $0 500 Equipment 57,433 $14,866 $7,433 $14,866 544,598 Subtotal 58,297 514,866 57,433 514,866 $45,462 600 Indirect a 20.04% $1,663 52,979 $1,490 52,979 59,111 Total $9,960 517,845 58,923 517,845 $54,573 2 Budget adjustments nts beha'eeen ling items arer crl &roved for amounts equal to or less than 10% of the total award without r AKSST approval; any amount above 10'% requires prior 1KS`,SF apprcva/. tell/ oasis in lines 100 -.5OO must represent actual cash expenditures. All invoices oic ens shall he: adequately documented with both CIO ctirne;ti v proof of payment. i varrq to s of expense documentation include eqh sorbs, and receipts. Examples of proof of pa,y nent documentation inc cheat,, check numbers, ctnci credit card receipts. All lin lit Will be submitted It.rr pahnsent with n 3 0 dcal-v nr the project end date in accord nt 'XSF invoicing kaf'_ Inv IJm. =r'tecf ezfier that deadline will not be reinebur ved Ex?enses incurred after the trrn;ect end date+will nrrt he reimbursed. Xl. Match Budget Project Title 4xxxx Approved by AKSSF: Includes the costs of tarping materials $250 /year for 2.5 years hicludes the costs of Sandbags $500 /year for 2.5 years Includes the costs of Gravel. $160 /vear for 2.5 years Includes the costs of shovels, mattocks and other misc. handtools $250 /year for 2.5 years Line 500: Equipment Lin 600: Indirect KWF's NICRA is 20.04% Leveraging Non AKSSF Resources [Describe the source and amounts of any additional, non -AKSSF sources of funding or in -kind contributions that are being relied upon to support this proposal.] Date: [for AKSSF staff use only] Page 7 of 8 'a ice pies a 2/23/2011 Matching Equipment Daily rate Days Total annual Vehicle Ford F -250 180 60 10800 Vehicle Dodge 146 15 2190 Boat 250 10 2500 Boat 250 5 1250 Dump Trailer $130.00 25 3250 Bobcat $330.00 I 7 2310 Match Budeet Narrative: Includes the costs for the following items, all rates are based on market rates, researched and documented in 2010. Donated equipment values are pro -rated in each of the fiscal years according to the following schedule Also includes 1. -day labor crew donated fro m Chevron, 6 laborers, 8 hours each for 1 day g18/hr for $864 matching value Approved by AKSSF: Date: Project Title 4xxxx Approved by AKSSF: Date: [for AKSSF staff use only] Page 8 of 8 123/2011 dAt cz CITY OF KENAI KENAL ALASKA v ORDINANCE NO. 2538 -2011 New Text Underlined; DELETED TEXT BRACKETED) -10- Suggested by Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 4.32, "RESIDENTIAL CODES," SECTION 4.32.030, "FEE SCHEDULE," TO DELETE REFERENCES TO SPECIFIC FEES FOR CONSTRUCTION OF R -3 AND U -1 OCCUPANCIES SO THAT THOSE CONSTRUCTION FEES CAN INSTEAD BE SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL RATHER THAN SET BY CODE ORDINANCE. WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City; and, WHEREAS, through Ordinance 2528 -2011, the Kenai City Council deleted references to specific rates, charges and fees from several titles of the City Code so that those rates, charges, and fees could be set by a fee schedule but Section 4.32.030 was inadvertently omitted from the sections therein addressed; and, WHEREAS, amendment of Section 4.32.030 to delete specific references to the per foot construction fees for R -3 and U -1 occupancies is consistent with the Council's previous action to remove specific references to fees in the Kenai Municipal Code and its intention to set forth those fees in a comprehensive fee schedule to be approved by the City Council; 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 interest of the City to adopt a comprehensive fee schedule of the City's rates, charges, and fees and to set the 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 Section 2. Amendment of Section 4.32.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.32.030, Fee schedule, is hereby amended as follows: Ordinance No. 2538 -2011 Page 2 of 2 The fees for construction of Group R -3 and Group U -1 occupancies, or portions thereof, as set forth in the City's schedule of fees adopted by the City Council. Plan review fees shall be fifty percent (50 of the building peuuit fee for Group R -3 and Group U -1. [AS FOLLOWS: 1. GROUP R -3 $0.28 PER SQUARE FOOT 2. GROUP U -1 $0.14 PER SQUARE FOOT PLAN REVIEW FEES SHALL BE 50% OF THE BUILDING PERMIT FEE LISTED ABOVE Plan review fees shall be paid at the time applications for building permits are submitted. Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underuned• [DELETED TEXT BRACKETED] Introduced: February 16, 2011 Adopted: March 2, 2011 Effective: April 2, 2011 KENAI, ALASKA To: Rick Koch, City Manager 7 1 From: Terry Eubank, Finance Director Date: February 9, 2011 Re: Ordinance 2538 -2011 Tillage with a Past, Gity with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 FAX: 907 -283 -3014 In connection with the project to remove specific fee references from the City's Code of Ordinances, Ordinance 2538 -2011 removes the specific fee reference from KMC 4.32.030 "Residential Codes Fee Schedule" that was inadvertently missed in the creation of Ordinance 2528 -2011 that removed specific fee references various code sections including section 4 "Uniform Building Code Removal from KMC 4.32.030 is consistent with prior Council action and simply corrects the inadvertent omission. -12- th«th' °f KENA ALASKA CITY OF KENAI ORDINANCE NO. 2539 -2 011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $300,000 IN THE GENERAL FUND AND BY $401,500 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND TO PROVIDE ADDITIONAL FUNDING FOR COMPLETION OF THE LIBRARY EXPANSION PROJECT. WHEREAS, the total cost of the proposed 10,000 square foot expansion and renovation of the existing section of the Kenai Library is projected to be $6,113,411; and, WHEREAS, additional funding is needed to assure adequate funds are available to furnish the new section of the library and to complete the remaining construction and renovation; and, WHEREAS, the City has received an additional $95,000, bringing the project total to $510,000, from the Friends of Kenai Community Library (The Friends) for the project. Included in The Friends donation total of S510,000 is S150,000 from the British Petroleum Foundation, $25,000 from Conoco Phillips, $20,000 from Brown Insurance, $10,000 from. Jim and Nedra Evenson, $10,000 from First National Bank Alaska, and 55,000 from Cliff and Kathy Heus; and, WHEREAS, the City received an additional $1,500, bringing the project total to $5,500, donation from the Wal -Mart Corporation for the project; and, WHEREAS, to date the City has earned approximately $5,000 in interest earnings on unspent project funds; and, WHEREAS, the remaining $300,000 for the project will come from General Fund's Capital Reserve Fund. 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 Estimate Revenues: Appropriation of Designated Fund Balance Capital Improvement Reserve Fund h7crease Appropriations: Transfer to Library Improvements Capital Project Fund $300,000 New Text Underlined; (DELETED TEXT BRACKETED) _13_ $300 ,000 Ordinance No. 2539 -2010 Page 2 of 2 Library Improvements Capital Project Fund Increase Estimated Revenues: Transfer In General Fund Donations Friends of the Kenai Community Library Donations Wal -Mart Corporation Interest Earnings Increase Appropriations: Machinery Equipment Charges From Other Departments Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -14- PAT PORTER, MAYOR New Text Underlined' DELETED TEXT BRACKETED) $300,000 95,000 1,500 5.000 $401.500 $215,000 52,000 143,500 $401,500 Introduced: February 16, 2011 Adopted: March 2, 2011 Effective: March 2, 2011 Me cif o f KENAI. ALASKA Village with a Past, cc with a Ftttrsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: February 9, 2011 SUBJECT: Ordinance 2539- 2011 MEMO '_,1\ DUNE This Ordinance is to appropriate funds to the Kenai Library Improvements Capital Fund received from donations and general funds necessary to complete the project. With the passage of Ordinance 2491 -2010 and Ordinance 2492 -2010 the City has contributed $40,000 from the general fund to the project. In the memo provided to Council, dated August 24, 2010 it was detailed that the estimated contingency would be depleted with the award of construction change order #2 the existing library re -roof. The re -roof costs were approximately $100,000 higher than what was appropriated for both the re -roof and the circulation desk due to the roof containing asbestos and dry rot located in the soffits. Change order #2 was approved by Council on September 1, 2010. To date an additional $95,000 been raised through Friends of the Library Donations, $1,500 from Wal -Mart These donations were intended to help complete and furnish the building. There is $5,000 in interest earnings for a total of 5101,500 that is available for the project. Below it the projected use of these funds, as necessary to complete the remodel and to provide furnishings for the facility: It should be noted that the appropriation of the additional $300,000 from the Capital Improvement Reserve Fund will require five affirmative votes of the Council for passage. Al.b11 I31/ 11 1992 Expenditures To Date Budget Increase Project Total Design $743,476.00 $47,044.39 $790,520.39 Contract Admin 541,163.25 $25,000.00 566,163.25 Construction 54,737,527.70 $147,000.00 $4,884,527.70 Utilities 538,263.43 $6,400.00 544,663.43 FF &E $215,000.00 $215,000.00 Contingency $112,536.23 $112,536.23 Total $552,980.62 $6,113,411.00 Me cif o f KENAI. ALASKA Village with a Past, cc with a Ftttrsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: February 9, 2011 SUBJECT: Ordinance 2539- 2011 MEMO '_,1\ DUNE This Ordinance is to appropriate funds to the Kenai Library Improvements Capital Fund received from donations and general funds necessary to complete the project. With the passage of Ordinance 2491 -2010 and Ordinance 2492 -2010 the City has contributed $40,000 from the general fund to the project. In the memo provided to Council, dated August 24, 2010 it was detailed that the estimated contingency would be depleted with the award of construction change order #2 the existing library re -roof. The re -roof costs were approximately $100,000 higher than what was appropriated for both the re -roof and the circulation desk due to the roof containing asbestos and dry rot located in the soffits. Change order #2 was approved by Council on September 1, 2010. To date an additional $95,000 been raised through Friends of the Library Donations, $1,500 from Wal -Mart These donations were intended to help complete and furnish the building. There is $5,000 in interest earnings for a total of 5101,500 that is available for the project. Below it the projected use of these funds, as necessary to complete the remodel and to provide furnishings for the facility: It should be noted that the appropriation of the additional $300,000 from the Capital Improvement Reserve Fund will require five affirmative votes of the Council for passage. Al.b11 I31/ 11 1992 the ci a f KEMAL ALASKA ATTEST: Carol L. Freas, City Clerk CITY OF KENAI RESOLUTION NO. 2011-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF' THE CITY OF KENAI'S 2011 ALL- AMERICA CITY AWARD APPLICATION AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE 2011 ALL AMERICA CITY AWARD ON BEHALF OF THE CITY OF KENAI. WHEREAS; the All- America City Award recognizes cities on the basis of their community improvement successes and is given to communities that cooperatively tackle challenges and achieve results; and, WHEREAS, individuals and businesses looking to relocate seek out All- America City winners and finalists, recognizing they are good places in which to live and work; and, WHEREAS, the City of Kenai received the designation as an "A11- America City" in 1992; and, WHEREAS, it is the City's intent to again vie for this distinguished award; and, WHEREAS, the City of Kenai A11- America City Working Group has drafted the attached 2011 All- America City Award application for the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, supports the City of Kenai's 2011 All- America City Award application and authorizes the City Manager to submit the 2011 All- America City Award application on behalf of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2011. -16- Suggested by: Adminis PAT POR 1 ER, MAYOR anon it' of KERA I, ALASKA MEMO: Attachment Villayr e with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch, City Manager DATE: February 23, 2011 SUBJECT: Resolution No. 2011 -21 City of Kenai 2011 AII- America City Award Application with a Mare" 1992 The purpose of this correspondence is to recommend approval of Resolution No. 2011- 21, supporting the City of Kenai 2011 All-America City Award Application. Completed applications for the 2011 Award must be filed with the National Civic League by March 14, 2011. Finalists will be announced the first week of April. Finalists will be required to travel to the All-America City Awards Competition in Kansas City, Missouri June 15 -17, 2011 where they will make presentations in front of a panel of Jury members. The AII America City Working Group is comprised of 14 members who committed to work over the past 12 months on the attached application for Kenai to receive the 2011 All- America City Award. The original list of projects to be considered included over 50 projects, and the Working Group worked diligently in narrowing the projects down to the three that would be included in the application. This process required research application of the All- America City Award criteria as well as invaluable information provided by Mary Jo Joiner and Christine Cunningham from the 2010 AII- America City Awards competition which they attended in 2010. 2011 All-America City Award Application Application Due: Monday, March 14, 2011 Competition: June 15 -17, 2011, Kansas City, Missouri The All- America City Award The National Civic League invites you to apply for America's oldest and most prestigious community recognition award, now in its 62nd year. The All- America City Award is given to ten communities each year for outstanding civic accomplishments. To win, each community must demonstrate innovation, inclusiveness, civic engagement, and cross sector collaboration by describing successful efforts to address pressing local challenges. Community Information Community name and state: City of Kenai, Alaska Your community is applying as a: Neighborhood Village Town X City County Region If applying as a region, name participating communities: N/A If applying as a neighborhood, name city: N/A Has your community applied before? ClYes LiNo If Yes, which years: 1992 Has your community been a Finalist before? ®Yes DNo If Yes, which years: 1992 Has your community been an AII- America City before? 1IYes ❑No If Yes, which years: 1992 Contact Information All- America City Award contact (primary contact person available throughout entire competition and for follow -up): Name: Christine Cunningham Title: Assistant to City Manager Organization /Government: City of Kenai Address: 210 Fidalgo Avenue Phone (business /day): Fax (business /day): (907) 283 -8223 (907) 283 -3014 E -mail Address: ccunningham(;ci.kenai.ak.us City, State, Zip Kenai, AK 99611 Mobile Phone: (907) 398 -0190 List the 3 individuals who most actively participated in filling out this All- America City Award application (add additional lines if needed): (Provide name and title, organization /government, phone number e- mail address) 1. Rick Koch, City Manager, Ci of Kenai 907) 283 -8222, rkoch a c i.kenai.ak.us 2. Christine Cunningham, Assist. to City Manager, City of Kenai, (907) 283 -8223, (see above) 3. Mary Jo Joiner, Library Director, City of Kenai, (907) 283 -4400, mjoiner@ci.kenai.ak.us -18- The applying community will receive a complimentary membership (or membership renewal if an AAC application was submitted last year) to the National Civic League for one year. To whom should this membership be directed? Name City of Kenai Address 210 Fidalgo Avenue City, State Zip Code Kenai, AK 99611 Phone Number (907) 283-7535 Fax (907) 283-3014 Email cfreasaci.kenai.ak.us If we are designated an AII- America City, we agree to follow NCL's rules regarding use of the AU-America City Award logo, a registered trademark of the National Civic League. Signature: Date: Name: Rick Koch Title: City Manager Community Statistics Note: Use the most up -to -date statistics possible for your neighborhood, town, city, county, or region (source suggestions: U.S. Census Bureau, State Department of Economic Security, State Department of Finance, Department of Public Health, and local school statistics). POPULATION (in year 2010 or most recent): 7,1.15 Source/Date: Alaska Department of Conunerce Community and Economic Development/ 2009 POPULATION PERCENTAGE CHANGE 2000 2010 (indicate or 2.4 To Source /Date: Alaska Department of Labor and Workfoce Development 2000 -2009 RACIAL/ETHNIC POPULATION BREAKDOWN: White 87.2 Dia Hispanic or Latino (of any race) 3.9 Black or African American 1.0 Asian 2 .6 American Indian and Alaska Native (ALAN) 12.10 Other 1.9 Source /Date: U.S. Census Bureau/ 2000 MEDIAN FAMILY INCOME: 56.856 Source /Date: U.S. Census Bureau/ 2000 PERCENTAGE OF FAMILIES BELOW POVERTY LEVEL: 8.2 Source /Date: U.S. Census Bureau/ 2000 UNEMPLOYMENT RATE: 10.7 Source /Date: Alaska Department of Labor and Workfoce Development 2010 -19- POPULATION BREAKDOWN BY AGE GROUP (percentages, if available): 19 years old and under 35.3 20 -24 5.1 25 -44 31.4 45 -64 21.8 65 and over 6.4 Source/Date: U.S. Census Bureau/ 2000 PERCENTAGE OF HOME OWNERSHIP: 60.4 source/Date: U.S. Census Bureau/ 2000 WORKFORCE DISTRIBUTION Name the three largest employment sectors in your community and provide the percentage of total employed in each: Government 21 Trade Transportation. Utilities 37 Agriculture Forestry, Fishing and Hunting 12 Source /Date: Kenai. Peninsula Borough' Alaska Department of Workforce Development/ 2007 MAP Please attach a state map (8.5" x 11") with your community clearly marked. ALL AMERICA CITY AWARDS CRITERIA Resource: NCL's Civic Index. Ask for a free copy! Civic Engagement and Collaboration: comprehensive citizen /resident engagement and collaboration across jurisdictional boundaries among the public, private and nonprofit sectors and key constituencies Inclusiveness: recognition and involvement of diverse segments and perspectives (ethnic, racial, socio- economic, age, sexual orientation, gender expression, people with disabilities, and others) in community decision- making Innovation: creative use and leveraging of community resources Impact: demonstrable significant and measurable achievements in the past 5 years (for example dollars raised, jobs created or lives impacted), particularly in projects that address the community's greatest challenges (see Part II, below) PART I: TELL YOUR COMMUNITY'S STORY A. Tell us your story. Utilizing the awards criteria (above) describe how your community addresses its pressing challenges and plans for its future. How are citizens /residents Involved in planning and implementation? What are instances of cross sector collaboration among the neighborhoods, government, businesses, and nonprofit organizations engaged in these efforts? What is your community's vision? Include real examples of how your community has demonstrated its strengths, innovations, and faced its challenges. (1,000 word maximum). "Yaghanen," meaning the "Good Place," is the Athabascan name for our area, where the Dena'ina Athabascan Indians settled some 3,000 years ago. Today, the City of Kenai numbering 7,115 people is a thriving community that recognizes the interconnectedness of its economic, environmental, and social challenges. Once deemed the "Oil Capital of Alaska" and home to the world famous Kenai River, ours is an area blessed with exceptional fishing, wildlife and abundant natural resources. What once was a -20- small fishing village has grown into a diverse community of citizens who epitomize what it means to be a sustainable community. Recognizing that our economy is tied to our natural resources, the mission of the City of Kenai is to serve its citizens through listening and leading; to promote growth and continually improve services by balancing the wishes of the community with responsible management. To encourage public involvement in government, council meetings may be viewed live online and are archived for future viewing; we have a student representative on council and citizens are invited to coffee with the Mayor, a friendly forum to discuss any issues. When challenges arise, the people of Kenai take pride in working together to solve community problems, from grass roots initiatives and community- generated projects to participation in innovative collaborative problem solving. The City of Kenai is an All America City. It's a place where an individual or a group of individuals can walk into City Hall with an idea and receive not only the attention of government officials and staff, but also find support or partnership. A few examples of citizen -led ideas "You asked for it, you got it that have become realities: The Kenai Community Library Expansion Project While libraries across the country cut budgets, curtail hours and even close, the Kenai Community Library is in the midst of a capital project that is doubling the size of the library. Supporters, young and old, have made contributions to the project with the Friends of the Library contributing almost a half million dollars in donations to date. The voters in the city supported the project with a vote to authorize a two million dollar bond. A friend of the library said it best: "We have a great community and they come together for the things they believe in and this is something the community believes in." s The Historic Cabin Relocation Project On July 1, 2009, new ground was broken in preparation for the Kenai Historical Cabins Relocation Project, which involved the proving and restoration of five homestead cabins in Old Town Kenai. Volunteers from all sectors brought their heavy equipment, shovels and willingness to work hard to prepare the new site for the cabins, providing thousands of hours of labor, This project is a joint collaboration of the Kenai Historical Society and Kenai Visitors and Cultural Center. The newly installed cabins provide a source of education and interest to the public on an important period of our city's history. s Preserving the Holy Assumption of the Virgin Mary Russian Orthodox Church Built in 1895 by Russian missionaries, the Holy Assumption of the Virgin Mary Russian Orthodox Church has deteriorated over the last century. The Church, a National Historic Landmark, was in danger due to sagging log walls and a crumbling foundation. As well as being a church and historic property, the Church is a tourist destination and constant reminder of our community's history and cultural heritage Rather than store the rare Russian icons for the rehabilitation project, the Kenai Cultural and Visitors Center provided a temporary home for the valuable icons and other church property with a unique exhibit "Sacred Space, Sacred Time," which attracted over 20,000 visitors to our community. The City included the church and the exhibit on a tour for representatives from the Rasmuson Foundation who were here for the library groundbreaking ceremony, resulting in a $25,000 grant to the church. Town Clock Our Comprehensive Plan identified the need for a. defined city center, but it was the town clock that inspired the community to support the town center concept. Private industry donated funds -21- and took the lead in the construction by volunteering welders and materials for building the structure. A community member did the design work, a freight carrier donated the shipping and the wording on the plaque was provided by the Kenaitze Indian Tribe. Officer John Watson, a Kenai Police Officer, who gave his life in the line of duty five years ago Christmas Eve had always envisioned a town clock, and part of his memorial fund was dedicated to funding the clock project. This spirit of support is what truly makes the clock our town center. In 2009, city leaders observed tension between a growing environmental component in our community and the long standing oil gas industry. There were few opinions in the middle, and most were highly polarized. Our city government engaged consultants to come to town to conduct an open forum/town meeting to help plan for the future, as well as to train all the city department heads and community leaders to facilitate deliberative discourse, thoughtful engagement, and creative problem solving. The organized and structured process of the open forum assured each participant had the opportunity to be heard and many divergent groups were brought together to answer our most pressing question with regard to our goal of becoming a sustainable community which encourages responsible resource development. The all day training followed by a full day public session will also form the basis of our upcoming comprehensive plan. In recent years our relationship with our natural resources has demonstrated an understanding of the value this "Good Place" has to its diverse residents. As fear has changed into understanding, we have emerged from a community focused on keeping pace with growth to one that is focused on sustainability and good stewardship. t3. How does your community embrace diversity and demonstrate inclusiveness (involvement of diverse segments and perspectives ethnic, racial, socio- economic, age, sexual orientation, gender expression, people with disabilities, and others in community decision- making). (400 words maximum) In 2011, National Civic League will be presenting the first All America City Diversity Award that recognizes an ARC Finalist for extraordinary and innovative success in advancing diversity and inclusiveness in their community, We thank the Gay Lesbian Fund for Colorado for providing support to establish the All- America City Diversity Award. Residents and visitors alike are attracted to the abundant resources of our area. Each group brings with it a contribution to the diverse community in which we live today. Despite the modern appearance of Kenai, we have a rich history as well as what has been termed a "forgotten. past." The struggle in our community to reflect, sustain, celebrate and share the attributes of our residents comes from the strength of their individual characters. Growth has come to us in waves. Our town clock bears a plaque reminding us of our beginnings: "Just as the waves and tides of Cook Inlet bring the salmon back to the River, so have they brought people to her banks." Since the arrival of the Dena'ina people, Kenai has seen waves of Russian traders, American pioneers, cannery operators, Scandinavian fishermen, big -game hunters, U.S. soldiers, oil field workers and most recently, a growing number of seniors looking to make our community their home. Each wave brought forth the people who live here as well as challenges and opportunities to balance stewardship with responsible development. Recognizing that our economy is tied to our resources, we balance and partner as industry, as people, as politicians. Some projects which honor our diverse culture as well as our diverse environment and highlight Kenai's ability to embrace diversity and demonstrate inclusiveness are: -22- e Kenaitze Educational Fishery This fishery was established to teach and preserve the cultural and traditional way of life of the Kenaitze people and brings a sense of unity to the Tribe. The total number of participants exceeds 1,000 individuals annually. In recent years, the Fishery has become more visiable in the community, and the Tribe welcomes guests and visitors to participate in its classes. Dena'ina Health and Wellness Clinic The Kenaitze Indian Tribe has been recognized as an important partner in providing for health at no cost for some of our most vulnerable citizens. The Tribe is in the building phase of a new state of the art facility in Old Town Kenai to provide integrated health services to over 3,000 Alaska Native and American Indian people, 51% who have low and moderate income. Indust'' Appreciation Day What began as a protest against negative publicity the oil and gas industry was receiving turned into a celebration of the three major industries oil and gas, commercial fishing and tourism and their contribution to the local economy. PART II: DESCRIBE YOUR COMMUNITY'S CHALLENGES What are your community's two most pressing challenges? (400 words maximum total, not per challenge) Our city is the home of many commercial fish processing and cannery operations at the mouth of the Kenai River as well as home to world -class sport fishing opportunities, as evidenced by the world record King Salmon being caught in the Kenai River. In addition to commercial and sport fishing opportunities, the City hosts a personal -use fishery where, for three weeks each year, Alaskans harvest approximately 400,000 sockeye salmon. The Kenai River is the cultural and economic engine of our city, but since the 1980's, biologists, concerned citizens and city officials have often asked if we are "loving our river to death." In an effort to heal the damages and provide for the future of the river, our community has taken the lead in bridging the gap between the river's diverse user groups to shift the focus to a collaborative effort to reduce the environmental impacts on the river. While Kenai's beaches offer spectacular views across Cook Inlet, natural forces constantly remove soil from our bluffs and sediment from our shores, exposing homes to the danger of bluff erosion. For nearly thirty years, our community has coped with bluff erosion along a one -mile stretch of the bluffs. Several building and city utilities have been moved inland and others seem poised to follow. City voters supported the city's number one capital improvement priority the Bluff Erosion Project with a two million dollar bond authorization. City officials have 10.5 million in hand and are aggressively pursuing funding sources for the remaining project cost of 18.5 million dollars and are working with the Army Corps of Engineers and the State of Alaska to finalize the plan to stabilize the bluff which includes a donation of quarry rock from the Kenai Peninsula Borough. Did we mention the bears? While a fear of bears may not resonate with those living in most U.S. cities, the citizens of Kenai face a very real fear in living amongst one of nature's most formidable predators. Historically, bear worries have been handled by shooting these furry intruders on sight or shooing them away. However, the homestead approach from our past is no longer descriptive of our city today, and shooting within the city Limits is increasingly problematic. Biologists have found that when bears are eliminated from a good food source, they will soon be replaced by more bears eager to partake of that food source. -23- t%c city of KEN SKA MEMO: Village with a Past, et with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Christine Cunningham, Assistant to City Manager 6 4)4Y DATE: February 28, 2011 SUBJECT: Resolution No. 2011 -21 AII- America City Award Application Correction It has been brought to my attention that there is in an error in the AII- America City Application submitted as an attachment to Resolution No. 2011 -21 as submitted for the March 2 Council Meeting. Below is a summary of the corrected text in legislative format: "Officer John Watson, a Kenai Police Officer, who gave his life in the line of duty [FIVE] eight years ago Christmas [EVE] Day had always envisioned a town dock, and part of his memorial fund was dedicated to funding the clock project..." Attached is the corrected page from the AII- America City Application for insertion into the March 2 Council Packet. Please remove page 22 and replace it with the attached page. and took the lead in the construction by volunteering welders and materials for building the structure. A community member did the design work, a freight carrier donated the shipping and the wording on the plaque was provided by the Kenaitze Indian Tribe. Officer John Watson, a Kenai Police Officer, who gave his life in the line of duty eight years ago Christmas Day had always envisioned a town clock, and part of his memorial fund was dedicated to funding the clock project. This spirit of support is what truly makes the clock our town center. In 2009, city leaders observed tension between a growing environmental component in our community and the long standing oil gas industry. There were few opinions in the middle, and most were highly polarized. Our city government engaged consultants to come to town to conduct an open forum /town meeting to help plan for the future, as well as to train all the city department heads and community leaders to facilitate deliberative discourse, thoughtful engagement, and creative problem solving. The organized and structured process of the open forum assured each participant had the opportunity to be heard and many divergent groups were brought together to answer our most pressing question with regard to our goal of becoming a sustainable community which encourages responsible resource development. The all day training followed by a full day public session will also form the basis of our upcoming comprehensive plan. In recent years our relationship with our natural resources has demonstrated an understanding of the value this "Good Place" has to its diverse residents. As fear has changed into understanding, we have emerged from a community focused on keeping pace with growth to one that is focused on sustainability and good stewardship. B. How does your community embrace diversity and demonstrate inclusiveness (involvement of diverse segments and perspectives ethnic, racial, socio- economic, age, sexual orientation, gender expression, people with disabilities, and others in community decision- making). (400 words maximum) *In 2011, National Civic League will be presenting the first All- America City Diversity Award that recognizes an AAC Finalist for extraordinary and innovative success in advancing diversity and inclusiveness in their community. We thank the Gay Lesbian Fund for Colorado for providing support to establish the All America City Diversity Award. Residents and visitors alike are attracted to the abundant resources of our area. Each group brings with it a contribution to the diverse community in which we live today. Despite the modern appearance of Kenai, we have a rich history as well as what has been termed a "forgotten past." The struggle in our community to reflect, sustain, celebrate and share the attributes of our residents comes from the strength of their individual characters. Growth has come to us in waves. Our town clock bears a plaque reminding us of our beginnings: "Just as the waves and tides of Cook Inlet bring the salmon back to the River, so have they brought people to her banks." Since the arrival of the Dena'ina people, Kenai has seen waves of Russian traders, American pioneers, cannery operators, Scandinavian fishermen, big -game hunters, U.S. soldiers, oil field workers and most recently, a growing number of seniors looking to make our community their home. Each wave brought forth the people who live here as well as challenges and opportunities to balance stewardship with responsible development. Recognizing that our economy is tied to our resources, we balance and partner as industry, as people, as politicians. Some projects which honor our diverse culture as well as our diverse environment and highlight Kenai's ability to embrace diversity and demonstrate inclusiveness are: PART III: DESCRIBE THREE COMMUNITY DRIVEN PROJECTS Describe your three best collaborative community projects that have resulted in a significant local impact within the past five years. Ideally, the first two projects should be drawn directly from the two community challenges stated above. The second project may address sustainabililty (environmental, social, economic, or financial). The third project should benefit youth and children. Tell us how each of these projects promote civic engagement, collaboration, inclusiveness, innovation, and impact (See criteria above and consult NCL's Civic Index available at no cost to finalists.) PROJECT ONE (Challenge #1) A. Provide the project name and description of its qualitative and quantitative impacts in the past five years. (1,000 word maximum) The Kenai River Working Group Protecting the Health of the Kenai River In 2007, the City of Kenai received warnings from a local non profit organization, the Kenai Watershed Forum, about an impending classification of the Kenai River as an impaired water body. In response, the city immediately formulated an ambitious plan to clean up the pollution. We created a task force made up of other government agencies, businesses and nonprofit organizations to address means and methods designed to curtail hydrocarbon pollution on the Kenai River. As expected, in 2008 the Kenai River was designated as a Category 5, or impaired water body by the State of Alaska in accordance with §303(d) of the federal Clean Water Act. Our city took the lead in fowling the Kenai River Working Group (KRWG) to address the issue of water pollution. Tasked with funding agreement amongst diverse user groups, including commercial, sport, personal use and subsistence fisheries, the KRWG united surrounding communities in an effort to protect the health of the Kenai River. The result was a joint resolution of the City of Soldotna, City of Kenai and Kenai Peninsula Borough that the State adopt a regulation change which would ban older more polluting 2- stroke motors from being used on the Kenai River, thereby reducing hydrocarbon discharge into the river. Based on the support of the communities surrounding the river, the regulation was adopted by the State and led to the Kenai River being removed from the impaired water body list in a single cycle. This joint resolution was the first such resolution among all three local governments with shared jurisdiction along the Kenai River. The City of Kenai is proud to have initiated and led this effort. The Kenai River is a world -class commercial, sport, personal -use and educational fisheries resource supporting sustainable economic development and a spectacular natural wonder. The City of Kenai occupies a unique position in that four distinctly different fisheries take place within the City's boundaries. The KRWG worked with unprecedented speed and determination to bring three of the following groups affected by the change together to restore the river to health: e Sport Fishing During the summer months, sport fishermen from around the world arrive in Kenai to fish the river's world class waters. In recent years, more than 700 outboard motorboats have been documented to be in operation at the same time within a single mile of the Kenai River. However, excessive amounts of gasoline emitted by older, inefficient two stroke outboards were polluting our river's waters. The KRWG worked with owners of 2 -stoke motors, who would be -24- most affected by the proposed change, to garner support for a proposal that would be acceptable to sport fisherman. Personal Use Fishery Since the floodgates opened on the annual personal -use sockeye salmon fishery, which changed to its current form in 1996, thousands of residents travel from all over the state in the month of July for the opportunity to "dip net" for fish from boats as well as city beaches. The personal use fishery, only open to those who live within our state, has grown in recent years, due to closures of other popular fisheries. In a single day as many as 15,000 "dip netters" occupy a mile of sensitive beaches near the mouth of the Kenai River. The influx of people is evident by the festival -type atmosphere where large and sometimes elaborate tent structures are deployed by participants preparing for extended stays, causing the beach to resemble "Woodstock." The KRWG worked with city officials to find a consistent solution that would address use of 2- stroke motors in both the sport fishery as well as the personal use fishery. a Kenaitze Educational Fishery The Kenai River is a part of the ancestral lands of the Kenaitze Indian Tribe, which is made up of the Dena'ina people. Salmon have always been an important food source for the Tribe as well as other Alaska Native people living in our community. Traditional harvesting of salmon as well as the gathering of medicinal and edible plants from the dunes is a critial part of the traditions and culture of Tribal families and other members of our community. Sharing was and still is an integral part of Kenaitze life, and the Kenaitze Fishery shares its harvest with other Alaska Natives and individuals in need. The City of Kenai is currently exploring ways of partnering with the Tribe by operating a fish cleaning service that would eliminate fish waste on the beaches from the Personal Use Fishery and enable the Tribe to use the fish heads, eggs and hearts as an additional food source. As part of the initiative to restore the Kenai River to health, the Kenaitze Indian Tribe worked with the Kenai Watershed Forum in a nationally competitive grant to get funding from the EPA to continue monitoring and to clean up the river. A key part of the program was the Kenai River Motor Buy Back Program that offered a $500 incentive per outboard to replace the older outboards with newer, more efficient models that would meet EPA standards. The $500 matching discount from Yamaha dealers in Alaska along with the 5500 Kenai River Motor Buy Back Program brought the total buy -back incentive to $1,000 per person. The matching discount resulted in the replacement of 200 outboards in the year of the program's inception. By July 26, 2010, the State of Alaska Department of Environmental. Conservation changed the status of the Kenai River in its 2010 Integrated Report to a Category 2, or a "water that attains its designated uses." In most cases, when an impaired water body listing is made, it takes many years if not decades to identify, correct and prove the problem has been fixed. Our community takes great pride in having accomplished this feat in just two years. B. Provide a summary of the first project which we may use to promote your community. (250 words maximum) In 2008 the Kenai River was designated as a Category 5, or impaired water body by the State of Alaska in accordance with the federal Clean Water Act. The Kenai. River Working Group (KRWG) was formed to address the issue of water pollution. Tasked with finding agreement amongst diverse user groups, including commercial, sport, personal use and subsistence fisheries, the KRWG united surrounding communities in an effort to protect the health of the River. -25- The KRWG recognized that, rather than debate the problem, the Group needed to recommend a solution that would be acceptable to all user groups. The result was a joint resolution of the communities surrounding the river that the State adopt a regulation change which would ban 2- stroke motors from being used on the Kenai River, thereby reducing hydrocarbon discharge into the River. A key part of the project was the Kenai River Motor Buy Back Program that offered a cash incentive to replace older outboards with newer, more efficient models that would meet EPA standards The program resulted in the replacement of 200 outboards in a single year. In July 26, 2010, the status of the Kenai River was changed to a Category 2, or a "water that attains its designated uses." In most cases, when an impaired water body listing is made, it takes many years if not decades to identify, correct and prove the problem has been fixed. Our community takes great pride in having accomplished this feat in just two years. Provide the name of the primary contact for the project. Name title, organization, address, telephone, and e -mall address, (This person may be contacted to verify information.) Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 (907) 283 -8223 rkocWci.kenai.ak.us PROJECT TWO (Challenge #2 May address sustainability issues) A. Provide the project name and description of its qualitative and quantitative impacts in the past five years. It may be a sustainable project (in the areas of environmental, social, economic, or financial). (1,000 word maximum) Wildlife Conservation Community Program For many people, wildlife is synonymous with Alaska. In Kenai, we have a history of living among bears. Within our city limits there are often documented sightings of bears each year in several residential areas. Hundreds of calls to our police department and other agencies concerning negative human/bear interactions occur primarily between early March and late October, but may occur at any time of the year. A highly successful Bear Safe Neighborhood pilot project was initiated within the City of Kenai which expanded to a city -wide effort called the Wildlife Conservation Community Program, making the City of Kenai a model for other communities. The Bear -Safe Neighborhood pilot project was organized by the Alaska Department of Fish and Game's Division of Wildlife Conservation, Alaska Audubon, Waste Management, Inc. and the City of Kenai with the program's main emphasis on reducing bear problems due to improper waste storage and other human- caused attractants in two subdivisions within the city. Property owners were provided free garbage pickup for two years if they agreed to use bear resistant garbage containers supplied to them. During those two years, there were no reported negative interactions with bears in an area that had been fornierly plagued with many problems. Because of the pilot project's success, our city government was approached by the Alaska Department of Fish Game and asked to consider expanding the effort to include the entire municipal boundary. The city council agreed to further develop a partnership with the -26- department and the ensuing program came to be called the Wildlife Conservation Community Program (WCCP). The WCCP has evolved into a community -based cooperative effort involving municipal, state and federal agencies, businesses, non profits and the citizens of Kenai. In 2007, the WCCP utilized funding from, a U.S. Fish and Wildlife Service Private Landowners Stewardship Grant to foster better stewardship of our wildlife resources within the city and create safer neighborhoods for people and brown bears. This goal was accomplished through a community driven effort by private landowners, the City of Kenai and program partners to install and maintain bear resistant garbage containers and reduce the availability of other human- caused bear attractants to help to minimize this major source of brown bear "Defense of Life and Property" (DLP) mortality. Human- caused (DLP) bear mortality has doubled on the Kenai over the past decade. One objective of the WCCP is to reduce the number of brown and black bears becoming habituated to human generated attractants in residential areas thereby reducing the number of DLP killings. The resulting effect is safer neighborhoods for people and bears; less agency time spent ,dealing with bears in neighborhoods and better stewardship of our public trust wildlife resources. The program also helps to reduce animal deaths caused by the ingestion of non digestible materials from dumpsters and residential garbage cans and also helps reduce the risk of human/wildlife conflicts with other species, particularly moose. Populations of brown bear, seeking enough food to sustain them through their winter hibernation, travel through residential areas and have established "bear highways" through our city's green spaces. Both black and brown bears readily use food sources that offer them the most energy while costing them the least amount of effort. Humans often provide bears with very low effort, easily accessible food sources in the form of garbage, bird seed, dog food, fish carcasses, fish in smokers, livestock and their feed. Increased bear activity in town consists of multiple daily reports to police including bears getting into freezers, tearing down fencing, breaking into garages and homes, rambling onto golf courses, perching on decks and strolling by bedroom windows. The scene is nothing short of the shockumentary "When Animals Attack" placing residents in fear of leaving their homes at night or going for a morning jog. Although the initial WCCP grant funds were used primarily to purchase highly bear resistant residential garbage containers that are offered to the residents of the city of Kenai at a cost of $50 for the $200 containers, bear resistant containers were also purchased and placed in city parks. Additional grant funds were used to purchase and mail 5000 newsprint versions of "Living in Harmony with Bears" to every resident within the municipal boundaries of Kenai based on the belief that a well informed public is one of the most important ingredients for conserving brown bears. Volunteers from non profit agencies as well as state and local enforcement agencies went door to door handing out information on the WCCP, answering questions and assuring that residents understood that equipment was being made available. The Kenai Peninsula Chapter of Safari Club International was a recipient of the 2007 Chapter Diamond Conservation Award, for its involvement in the WWCP. To further support and strengthen the effectiveness of the WCCP's objectives, the City adopted a Bear Problem Area and Emergency Bear Declaration ordinance in 2008. The ordinance requires garbage to be kept in bear resistant containers in areas of the town where bears are a consistent problem and is used by the police department and other agencies to inform residents of the danger and to require bear resistant containers in areas designated as "Bear Problem Area(s)." The first Emergency Declaration of a Bear Problem Area occurred in 2010, when there was a spike of incidents reported and seasonal darkness increased the possibility of a bear -human encounter. The success of the Wildlife Conservation Community Program has generated an interest from other Alaska municipalities and in Crested Butte, Colorado. On a larger scale, local leaders have indicated an -27- interest in a borough -wide project which would include the entire Kenai Peninsula Borough, which lies south of Anchorage. The borough has a 2006 population estimate of 52,304 and encompasses 25,600 square miles of which 15,700 square miles are land. If the long term goals of the WCCP continue to be embraced by residents and visitors of our community, the future of Kenai Peninsula brown bears will be ensured well into the future and will show visitors to Alaska. that Alaskans know how to live alongside wildlife responsibly. B. Provide a summary of the second project which we may use to promote your community. (250 words maximum) The Wildlife Conservation Community Program (WCCP) is a community -based cooperative effort involving municipal state and federal agencies, businesses, non profits and the citizens of Kenai to foster better stewardship of our wildlife resources within the city and create safer neighborhoods for people and a population of brown hears that have been habituated to human generated attractants in residential areas. The goal's of the WCCP were accomplished through a community driven effort by private landowners, the City of Kenai and program partners to install and maintain bear- resistant garbage containers and reduce the availability of other human-caused bear attractants to help to minimize this major source of brown hear "Defense of Life and Property" (DLP) mortality The resulting effect is safer neighborhoods for people and bears; less agency time spent dealing with bears in neighborhoods and better stewardship of our public trust wildlife resources Through the WCCP, hear resistant residential garbage containers were made available to the city residents at a reduced cost and were also placed in city parks. Newsprint versions of "Living in Harmony with Bears" were mailed to every resident within the municipal boundaries based on the belief that a well informed public is one of the most important ingredients for conserving brown bears. Volunteers from non- profit agencies as well as state and local enforcement agencies went door to door handing out information on the WCCP, answering questions and assuring that residents understood that equipment was being made available. Provide name of the primary contact for the project. Name title, organization, address, telephone, and e-mail address. {This person may be contacted to verify information.) Gus Sandahl, Police Chief City of Kenai Police Department 107 South Willow Street Kenai, AK 99611 (907) 283-7879 gsandahl@ PROJECT THREE (Benefit Youth and Children) A. Provide the project name and description of its qualitative and quantitative impacts on youth in the past five years. This project may address issues such as literacy, community service, health, recreation, or other youth related issues. Projects in which youth are the drivers of innovation and change are valued. Also, consider spotlighting involvement of underserved youth.(1,000 word maximum) -28- Caring for the Kenai Imagine a community that has on -going and unique partnerships between industry and government, educators, students, and nonprofit organizations, where high school students generate new and inventive ideas annually to address environmental and natural disaster preparedness challenges. We are that community. Caring for the Kenai is that partnership! Caring for the Kenai (CFK) is a cooperative effort of the Kenai Peninsula that challenges high school students to respond to the question "What can I do, invent, create or improve to better care for the environment of the Kenai Peninsula or improve the area's preparedness for natural disaster CFK is an environmental awareness contest sponsored by industry that offers over $30,000 in prizes. Schools utilizing CFK as a curricular assignment share $20,000 in cash awards to purchase classroom technology and supplies. The top 12 students share over $10,000 in cash and prizes. Over 500 participants annually enter ideas on how to improve their environment. Students begin with an environmental issue they wish to address and develop a specific solution. Students research, experiment, and conduct interviews to learn as much as possible about their topics. Working personally with community and business leaders, government agencies, and policy makers, CFK students learn about the practical application of their ideas and the real world experience of implementing their projects. Following the competition, industry and community leaders help students implement their projects. Several of these projects have had a direct, positive impact upon the Kenai including: Energizing the Alaska Legislature Freya Chay, a freshman and the 2010 CFK winner, had an idea to encourage private investment in alternative energy sources. Starting at the local level to create a tax credit for private property owners, she successfully lobbied the state legislature to include a tax credit amendment in an energy bill to allow local government to exempt alternative energy systems from real property tax assessments, At the CFK banquet, Freya effectively lobbied Governor Parnell to sign the bill. Later, she was recognized with the prestigious Brower Youth Award. Better Bird Control Bird Razing at Kenai Municipal Airport Olivia Pfeifer, the 2009 CFK winner, received national media attention for using a trained border collie on the airport runway to chase away seagulls, cranes, geese, swans, and ducks that are a hazard to air traffic. Partnering with the Kenai Watershed Forum and the City of Kenai, this high school student's idea was a great success in 2010, increasing safety and decreasing the necessity to destroy the birds at the Kenai Municipal Airport. Kenai Sand Dunes Preservation Educational Video Lincoln Wensley, a Kenai High School student, and the 2008 CFK winner, addressed the degradation of the Kenai sand dunes due to the impact of the personal use fishery. He created an educational video to increase public awareness of the damage being done to the dunes and the health of the Kenai River. Since its creation, thousands of visitors have viewed the video at the Kenai Visitors and Cultural Center. Lincoln was recognized by the President of the United States with the EPA President's Environmental Youth Award in 2009. -29- Underserved Youth Projects CFK has been a successful model for reaching underserved youth in minority and Alaska Native populations of Kenai. In 2010 three struggling, underprivileged teenagers who got involved with the CFK contest, gained the self confidence that they needed to be successful. The school administration didn't think these kids would even graduate, but the students didn't give up because they discovered, through the CFK experience how to apply what they learned about vertical wind generators. Last spring the one senior who wasn't expected to graduate received his diploma. An interactive CFK computer program has been distributed to U. S. schools and homes that allows students to explore the physics, biology, and chemistry of the life of a watershed. Elementary school disaster preparedness books were published, and an internationally distributed song about environmental awareness helped promote health fairs in Russia. CFIC spreads its message to a larger segment of the population than just students and teachers, The program's main message We are all environmental decision makers" reaches parents and the community at large. Parents (earn about CFK when students discuss and work on their projects at home. Local media assist in getting the message out to the public. Industry, government, educators, regulators, and private citizens collaborate to promote both educational and environmental innovations. The benefits of CFK to the community's youth, families, and businesses have resulted in numerous national awards and citations: CFK received legislative citations from local and state government for creating a model school/business partnership. The American Diabetes Association chose CFIC to receive the "Leaders in Innovation" Award in education. The Kenai Peninsula School District has included the CFK program as part of their Science and Language Arts Curriculum for grades 9 -12. The Pledge Promise environmental awards, sponsored by Sea World and Busch Gardens, has recognized the Kenai Peninsula School District, CFK, and Unocal for their contribution in providing creative stewardship over the planet's natural resources. CFK. has been included as part of Alaska's Promise for Youth book, part of America's Promise 2000. Headed by General Colin Powell, it is an effort to reach 2 million young people with an opportunity to give back to America through their own services. Four CFK winners have received EPA Presidential Environmental Youth Awards for Region 10 in the past six years and honored personally by the President of the United States. One CFK student project received a $75,000 grant from Alaska Science and Technology to build an innovative green house business which produces herbs and vegetables ten months out of the year. ABC's Good Morning America has featured CFK on one of its segments. Later this year, Caring for the Kenai will be introduced as a national program to be available to all students in every school district across the United States. B. Provide a summary of the third project which we may use to promote your community. (250 words maximum) Caring for the Kenai (CFK) is an environmental awareness contest that has on -going and unique partnerships between industry, government, educators, students, and nonprofit organizations, where high -30- school students generate new and inventive ideas to address environmental challenges. CFK poses the question "What can. I do, invent, create or improve to better care for the environment of the Kenai Peninsula or improve the area's preparedness for natural disaster?" Over 500 participants research, experiment, and conduct interviews to learn as much as possible about an environmental issue they wish to solve. Working with community and business leaders, government agencies, and policy makers, CFK students learn about the practical application of their ideas and gain real world experience implementing their projects. Recent CFK projects have included a local tax credit for property owners using alternative energy sources, using a trained border collie on the airport runway to chase away wild birds that represent a hazard to air traffic, and, an educational video to increase public awareness of damage being done to sensitive heath dunes. CFK's message, "We are all environmental decision makers," reaches parents and the community at laree. Parents learn about CFK when students discuss and work on their projects at home. Local media assist in getting the message out to the public. Industry, government, educators, regulators, and private citizens collaborate to promote both educational and environmental innovations. In 2011, Caring for the Kenai will be introduced as a national program available to students in every school district across the United States. Provide the name the primary contact for the project. Name title. organization, address, telephone, and e -mail address. (This person may be contacted to verify information.) Merrill Sikorski, Program Coordinator Caring for the Kenai PO Box 385 Soldotna, AK 99669 (907) 262-4949 s i korsk i (c�. c wring fo rtheken ai c o rn End of application Finalists will be asked to present their story to a national jury of experts in Kansas City, Missouri, from June 15- 17,2011. Finalists will be named in April 2011. Submit the application by email and one hard copy with $100 application fee by Monday, March 14, 2011, to: National Civic League, 1889 York Street Denver, Colorado 80206, 303-571-4343, aac(o)ncl.oro Need additional guidance? Email aacc ncl.orq or go to www.allamericacityaward.com for upcoming webinars for prospective applicants. The National Civic League thanks the 2010 Sponsors for supporting the All- America City Awards: -31- Sprint,, Foundation amcrime' r OEMS Sem. Underwriter of the Ail-America City Awards MWH CArV 0 TV0tfl4TATN S EAA7 (WAWA NAMON KAN$AS CITY MISS° VU1 taaliattattatyarc Ei Statefarm Carl Lily Pforzheimer Foundation -32- E 'N C. 'E• CAE:rent ElrEE• n• A r& 6 crrt EDI SON.' SOUTHWEST The official airline of the AII.America City Awards !Wait& Mlle HIgh United Way KENAI ALASKA CITY OF KENAI RESOLUTION NO. 2011 -22 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADDING PRIORITY NUMBER ELEVEN TO THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE AND FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2012, WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, d h n P r b. the subsegllent to the adoption of the CIP Priority List by u7e Clty Council on October 6, 2010, a private sector development has provided the opportunity to move forward with an industrial park development in proximity to the Kenai Municipal Airport; and, WHEREAS, the City Council and Administration have discussed the possibility of a future industrial park; and, WHEREAS, there may be sources of grant funding to support the construction of infrastructure for an industrial park; and, WHEREAS, the addition of CIP priority number eleven does not negatively affect the previously adopted CIP Priority List; and, WHEREAS, Priority Number Eleven will be "Development of an industrial Park Near the Kenai Municipal Airport." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, CIP Priority Number Eleven be added to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012.. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2011. ATTEST: Carol. L. Freas, City Clerk -33- PAT PORTER, MAYOR KENAI, ALASKA MEMO' Thank you for your attention in this matter. Tillage with a Past, Ch with a Frgture 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: February 24, 2011 SUBJECT: Resolution 2011-22, Adding Priority Number Eleven to the City of Kenai CIP Plan The purpose of this correspondence is to request your support of the above referenced resolution adding priority number eleven to the City's CIP Plan which was adopted by Resolution 2010 -57 on October 6, 2010. The construction of an access road and drill pad in the area of the proposed industrial park, as well as the possibility that grant funding may be available for the construction of infrastructure for an industrial park are conditions that were not known at the time the previous resolution was considered. r -34- Priority: 11 Agency: Commerce, Community and Economic Development Grants to Municipalities (AS 37.05315) Grant Recipient: Kenai FY2012 State Funding Request: 5761,650 One -Time Need Project Title: Kenai Kenai Industrial Park Development TPS Number: 56407 Brief Project Description: 1 Development of an Industrial Park near the Kenai Municipal Airport. to facilitate growth of support /service companies to serve Funding Plan: Total Project Cost: 52,261,650 Funding Already Secured: (51,500,000) FY2012 State Funding Request: (5761,650) Project Deficit: 50 Explanation of Other Funds: The City of Kenai Municipal Airport owns the property to be utilized for the Kenai Industrial Park Development. For purposes of the project cost estimate the 60 acre parcel has been conservatively valued at 325,000 per acre, or $1,500,000, Detailed Project Description and Justification: With the elimination of oil and gas emplyment in the Kenai Peninsula it is important to facilitate the growth of additional/alternative development. the Kenai Municipal Airport already serves as the regional supply hub for air fuel delivery to Southwest Alaska, and other air service /supply activities to serve West Cook Inlet activities and Southwest Alaska Communities are a growing segment of businesses using the Kenai Municipal Airport- The development of a dedicated Industrial park in proximity to the Airport will further faclitate growth of support/service companies serving not only West Cook Intel and Southwest Alaska, but the existing economic base of the Kenai Peninsula, A portion of the Industrial park is already under construction to serve a natural gas exploratory /production pad for Buccaneer Alaska, Construction is scheduled to begin in March 2011 and will be completed by October 2011. Project Timeline: 2011 -2012 Design, Permitting, Subdivision 2012 -2012 Roadway 'Construction Phase Utilities Construction 2015 -2016 Phase II Utllities.Construction 2020 -2010 Phase it Utilities Construction Entity Reponsible for the Ongoing Operation and Maintenance of this Project: I City of Kenai Grant Recipient Contact Information: Name: Rick Koch Address: 210 Fidalgo Ave. Kenai, AK 99611 Phone Number: (283)822-2 Email: rkoch @ci.kenai.ak,us -35- 11:09 AM 2/12/2011 KENAI INDUSTRIAL PARK COST ESTIMATE Design Property Development Cost item Description Unit Quantity Unt Price Sub -Total Design /Business Development Plan LS 1 100,000.00 100,000.00 Survey /Subdivision LS 1 50,000.00 50,000.00 Property Acquisition /Value Acre 60 25,000.00 1,500,000.03 Sub -Total 1,650,000.00 Access Road Construction Cost item Description Unit Quantity Lint Price Sub -Total Clearing Grubbing Acre 5 8,500.00 42,500.00 Unclassified Excavation CY 7800 8.00 62,400.00 Classified Fill Backfill Ton 10,300 10.00 103,000.00 Crushed Aggregate Base Course Ton 2000 22.00 44,000.00 Signage LS 1 2,500.00 2,500.00 SWPPP LS 1 5,000.00 5,000.00 24" CMP VV/Flared End Sections LF 1250 5 65.00 81,250.00 Survey L5 1 10,000.00 10,000.00 Sub -Total 350,650.00 Utilities Construction Phase I Cost Item Description Unit Quantity Unt Price Sub -Total Water Distribution Main 10" HDPE LF 600 100.00 60,000.00 Wastewater Collection Main LF 600 100.00 60,000.00 Electrical Main Extension LF 400 5 200.00 80,000.00 Electrical Services /Transformers EA 5 5,000.00 25,000.00 Natural Gas LF 600 30.00 18,000.00 Telephone /Telecomminucation LF 600 30.00 18,000.00 Sub-Total 261,000.00 Utilities Construction Phase II Cost Item Description Unit Quantity Unt Price Sub -Total Water Distribution Main 10" HDPE LF 1400 100.00 140,000.00 Wastewater Collection Main LF 1400 100.00 140,000.00 Electrical Main Extension LF 400 200.00 80,000.00 Electrical Services /Transformers EA 6 5,000.00 30,000.00 Natural Gas LF 1400 30.00 42,000.00 Telephone/Telecornminucation LF 1400 30.00 42,000.00 Sub -Total 474,000.00 Page 1 oft -36- 2/12/2011 KENAI INDUSTRIAL PARK COST ESTIMATE Utilities Construction Phase ID Cost Item Description Unit Quantity Lint Price Sub -Total Water Distribution Main 10" HOPE LF 800 100.00 80,000.00 Wastewater Collection Main LF 800 100.00 5 80,000.00 Electrical Main Extension Li: 800 200.00 5 160,000.00 Electrical Services/Transformers EA 8 5 5,000.00 40,000.00 Natural Gas LF 1400 5 30.00 42,000.00 Telephone /Telecomminucation LF 1400 30.00 5 42,000.00 Sub -Total 444,000.00 Cost Estimate Summary Project Component(s) Estimated Cost Property Acquisition, Design, Roadway Phase I Utility Construction 2,261,650.00 Phase II Utility Construction 474,000.00 Phase Ili Utility Construction 444,000.00 Total 3,179,650.00 Page 2 oft -37- 2/12/2011 -38- KENAI, ALASKA U ATTEST: i Carol L. Freas, City Clerk CITY OF KENAI RESOLUTION NO. 2010 -57 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE AND FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2012. WHEREAS, the Capital. improvements Plan (CIP) is a guide for capital expenditures; and WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legislative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements Program adoption on October 6, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai Capital Improvements Plan Priority List for State and Federal Pending Requests for the Fiscal Year 2012, as provided in the attached Exhibit A, is adopted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. PAT PORTER, MAYOR -39- NOTES /COMMENTS 7, e L0 5 2 sr) E. 5 2 s z 5 "TtIV st E -8 t, E 2 1 5 L---..g ir• 0 "2 :I! a 1 m 0 IL 'ar c g E F„ c ,b- ec a ..C2 g c t ,E rE c u, r 0 0-. r. E a" c 8 2 v, '6 't 5 5 5 5 -c (1) 6 vc E erg c ..19-E r Ed 6 t i E c E".. o E e:r E Ai Z. 0 E P'1/ 2 tE.,:c°2--24'.).Lg o "6 et" 0 t, .N to c To to '4 7- E ti. P e 'E' 2 r .1 2 c 2 2 a E 46 2. 4 0 40 I 5 5 r„„ 5 0 -8 Lo 8. a 0 8"2 a Ti 2 f5 2 d 0 C to H g H H CC t.sgiy.,, E 2 j'ECt .00. h E 6 '6 2 E 1: tr8 5 '4 8 8 2 0 i REQUIRED FUNDING E E :t n 75 7 E c) E Tt rD Mg oE,45o4 E.: 8 2 0'0'8 E 0 a -500 1 ,R4 0,1...--00 o 0 ig L°4 eA. 1.000,000.00 DESCRIPTION 5 t) 2 2 a 5 5..c 8.4EF-E00,a5 a E 2 E 7 .1 'a TO rd N 4 8 rj 22 5 E g a tt3 3 d FE c -c L., c u) c o -E a ze 6 E 85 8 1 8 2 6- a CO liCal 0 a T.) C u t SR '6 5 0 4 v* 2 15 3 a af5 t 8E.c6E6L- czEE EV° 'Ec= c a 0 co 0.g6 5 cc 2 0 0 c 2 a 0 2, E al 52 gj ••95-2.220J.§88t•282-652 E 2 2; 6 t 2 "r 4 2 2 2 g, 8 8 o c 8 2 L 2 a;. 2 ,E a 2 E: rg ni la a ra c E•8 .2...8 72 '6 co c .m c i 0 0 I th c c i 2 s' 5 E c 6,, t c t„ 15 E. E eS t 2 2 L. ni° .c c, 0,3 r to c 2 268 °,--..E2s..22,02_ ow -5 6 E ItccEE 2 a :2,5am 24§8w4.€.2c-2!'ajziro sp- ts b 42 2 g g: g .Lo.8occ 3 4^, a .2 a PROJECT TITLE ca 7 V., t s co c v W 5 r- t cc 73 :IS Paving Improvemems to City Streets cm ol 4 0 Prepared by: R. Koch NOTES/COMMENTS Shop facilities to support operations and maintenance taciivities are always difficult projects to move forward. The present facility was never designed to facilitate the support manitenance activities which are being accomplished. There may be a0 opportunity for Federal participation, specifically FAA funding in an amount cornensurate with Airport use of the facility_ ',This project could also he a candidate for the DOE 'icompefitive grant program. In a recent candidates forum Governor Parnell stated that his administration is wilting to invest State resources 10 mitigate the imact of the personal use fishery on the City of Kenai and the Kenai Peninsula. r REQUIRED FUNDING 3.500,000.00 1 00 o00tor 00'000'00E DESCRIPTION This prof t would construct a 20,000 si maintenance shop .to replace the existing shop. The exsling shop is a colection of buildings and cones that lacks the room to perform ,maintenance on the City's equipment fleet, and also lacks engineered ventilation systems as well as ether 'improvements rind in designed facilities_ This prof xt would construct a six-bay vehicle storage facility at the City maintenance yard. At present the vehicles are stored outside the center. During the winter this results in 'vehicles running to maintain heat for trips for the senior clients, and also results in increased mechanical dilliculties. The current system does not provide uniform heal In the 'winter and does not include air conditioning (cooling) In the Isummer. The present system also does riot provide an 1 adequate number of air changes to meet current code 'requirements. The copy room which contains the computer servers is consistently at a significantly elevated temperature, improvements would Include the removavreplacement of the exterior building panels, replacementfadd0ion of insulation in the walls and roof, removal and replacement of the roof mounted air handling system with a ground-level HVAC /air handling system, and replacement or the existing roof. This project would construct three fish CleaningANastc Transfer EnforcemenVData Collection Stations. The three stations woudl be located at the North Beach, South Beach, and City Boat Launch. if PROJECT TRI.E Construct New City Light/Heavy 'iEquipment Maintenance Shop Vehicle Storage Facility for Kenai Senior Center Vehicles City Hall HVAC Energy Conservation Improvements [Capital pital Improvements to Support State !Personal Use Fishery U36WDN AIIUOIUd c n w 2 CC CC Lil u -41- L 0 O NOTES /COMMENTS ONIONOU 03HIR03H sao.000.00 1,800,000.00 2,000,000.00 NOLLdINOS30 This project would replace the major components of the heating venliia0on system, replace wall coverings, replace/increase insulation in exterior walls and ceiling, replace the existing rcaf, and construct a new entrance. PROJECT TITLE City of Kenai Recreation Center Energy Upgrades /Improvements City of Kenai Wastewater Treatment Plant Upgrades Renovations Bridge Access Road, Pedestrian Pathway m Li cc Ec" f2 EL co v 11 D Lu 2 cc :it cc z Li j CC cl6 11 MI cS cc u. -42- 0- a ac At) al KENAI ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVICES CONTRACT FOR AIRPORT SECURITY GUARD SERVICES AT THE KENAI MUNICIPAL AIRPORT TO GUARDIAN SECURITY SERVICES, INC., FOR THE PERIOD MARCH 3, 2011 THROUGH FEBRUARY 28, 2014. WHEREAS, two responsive proposals were received on February 11, 2011 for the contract year March 3, 2011 through February 28, 2014 (and may be extended for two successive one -year teens by mutual consent of the City and the Contractor); and, WHEREAS, the proposal amounts received were as follows: Al J EST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2011 -23 Proposer Per Hour Guardian Security Services, Inc. $28.57 Kenai Security Services $30.00 New Text Underlined; (DELETED TEXT BRACKETED -43- Suggested by: Administration WHEREAS, Guardian Security Services, Inc., submitted the lowest responsible proposal for the Airport Security Guard Services Contract; and, WHEREAS, the Council of the City of Kenai has determined that award to this proposer will be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Airport Security Guard Services Contract is awarded to Guardian Security Services, Inc. for the Kenai Municipal Airport for the period March 3, 2011 through February 28, 2014. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of March 2011. PAT PORTER, MAYOR Memo To: Rick Koch City Manager From. Mary Bondurant Airport Manager Date: February 18, 2011 rrC LheQ/ea a j enai> penth'r,a r 306 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPNONE 807- 283-7951 FAX 907283 -3737 Subject: Award of Airport Security Guard Services Contract In January 2011, the Airport advertised Request for Proposals (RFP) for the Security Guard Services at the airport. A mandatory pre proposal meeting was held on January 26 and was attended by four potent proposers. Three proposals were submitted by the due date of February 11. These proposals were evaluated on Thursday, February 17 by a team from the Kenai Police Department and me. Two proposals were from qualified bidders and deemed responsive; therefore, the primary deciding factor was the hourly bid price as noted in the attached resolution for Council consideration. The Airport has been satisfied with the service currently being provided by Kenai Security Services; however, the recommendation to award to Guardian Security Services is based primarily on the lower hourly cost. www.ci.kenai.ak.us. -44- March 3, 2011 Lauren Edades Records at Licensing Supervisor Alcoholic Beverage Control. Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 2011/2012 LIQUOR LICENSE RENEWAL Loyal Order of the Moose Lodge #1942, d/b /a Peninsula Moose Lodge #1942 At its regular meeting of March 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( based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Loyal Order of the Moose Lodge #1942, Peninsula Moose Lodge #1942 /Club d/b /a (License #2492) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI. Carol L. Freas City Clerk elf cc: Kenai Borough Clerk KPB Finance Department Applicant -45- February 16, 2011 Ms. Lauren Edades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name Peninsula Moose Lodge #1942 License Type Club License Location City of Kenai License No. 2494 Dear Ms. Edades, 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 1B /kir cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkiey 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 -46- JOHNI BLANKENSHIP BOROUGH CLERK Name Mailing Address Title Share Phone 5 39 /0 +g 4 r K g/ eoberrtionner. %Cen.n A k Y96 i t J viloicherta2 if So asona1 License 'W-796.16040 534ro✓ kyJr‘ 4beittion e Sr. Kenn 9rar> 49fr nio12 907 774.53 I Sd33O s'+nsef Ave. jQ A-ire✓ w ken /',4L1 `fib <r Pea.5Hkr'k 10 395 -131) Mailing Address Premise Address Loyal Order of Moose Lodge #1942 12516 Spur Hwy P 0 Box 1902 KenaiAK 99611 -1902 Kenai Kenai Peninsula Borough License Number License Type Establishment Name 2494 Club Peninsula Moose Lodge #1942 if So asona1 License Seasonal From: Seasonal To: Name Mailing Address Title Phone CS JED DEG 2 7 2010 2011/2012 Liquor License Renewal Please mark the correct box to answer: 1. Was your establishment open for business at least 30 days in 2009? L'Yes ❑No 2. Was your establishment open for business at least 30 days in 2010? filYes ❑No 3. Has the licensed premise changed from the last diagram submitted? ❑Yes RNo 4. Has any person named in this application been convicted of a felony? :Yes ESNo List all corporation members, managers and shareholders below: *E 4/7ac/ire> If not corporation or LLC List all individuals, spouses, or partners that own business ABC Board 5848 E. Tudor Rd Anchorage, AK 99507 Phone: 907 269 -0350 Fax: 907- 269 -9412 4o) 9+9 -47- Page 1 of 2 License Fee Application Fee Late Fee Fingerprint Fee TOTAL $1200.00 $200.00 i C/,a,Sep G H. O By affixing my signature below: I declare under penalty of perjury that I 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 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 alcohol server training and my certification is currently valid. As a licensee, I 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 their certification is currently valid. r �3 74. Licensee Signature My commission expires: -48- Rnl art L.IviM Sr. Jm; n, Printed Name Title ary ign Lure ar y in and for the State of da of -✓t1D \\Y o P\ pNlIIII P II� NOTARY ABC Board 5848 E. Tudor Rd Anchorage, AIC 9950 PUBLIC :Page 2 of 2 Phone: 907- 269 -0350 Fax: 907-269-9412 pF OF Subscribed and sworn to before me this Mel Scdvnr04.k A); c k 60 FP Sohn Lig ke/ Sr, D wn e J7iopPrai✓ 9 6 75 5 M;/leric,90 5 ;3r Thun,pl' kb: Jr n KC /i1; Srni HoL9y 1 3 5 Try A Pe f A 'NOS ©egWCF.- R9-. -49- 90 -776 3 1 Sr, As" Fovemo 90 -ns -6/9; Thk5h e 90`7 -276 W/ h aste 59 &3) -„'f 7J Sr, ov, 7 /`07 d83 3571 fe /y4 ITEM A: CALL TO ORDER *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 E: AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 16, 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 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.) SCHEDULED PUBLIC COMMENTS (Public comment iim£ted to 10 minutes per speaker) Mary Jo Joiner, Christine Cunningham, Jacqueline Van Flatten All- America City Presentation Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined. on their own and on others' behalf.) Ordinance No. 2532-2011 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. (Clerk's Note: The title of this ordinance was incorrectly presented on the 2/3/2011 Council Meeting agenda. However, the ordinance document included in that meeting packet was correct) 2. Ordinance No. 2533 -2011 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund Fire Department. -50- 3. 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. Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. 5. Ordinance No 2536 -2011 increasing Estimated Revenues and Appropriations in the General Fund Police Department by $26,500, Fire Department by 520,000, 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. 6. 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. 7. Resolution No. 2011 -15 Approving and. Awarding a Contract for Planning Services for the City of Kenai. Comprehensive Plan to Glenn Gray and Associates for the Total Not -To- Exceed Amount of $75,000.00. 8. Resolution No. 2011 -16 Awarding a Contract to Rainbow Builders, Inc. for the Project Entitled "Kenai. Recreation Center Upstairs Flooring Replacement 2011" for the Total Amount of $22,718.00. 9. Resolution No. 2011 -17 Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the General Fund Land Sale Permanent Fund. 10. Resolution No. 2011 -18 Authorizing a Budget Transfer Within the General Fund Parks Department, for the Purchase of a Used Vibratory Plow. 11. Resolution No. 2011 -19 Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Ambulance, 12. Resolution No. 2011 -20 Establishing a Comprehensive Schedule of Rates, Charges, and Fees Imposed by the City Which Schedule Will Reflect an Increase in Some Fees to Better Reflect the True Cost to Provide the City Service and to Accommodate the Acceptance of Credit Cards as a Form of Payment for the Fees, ITEM E: MINUTES -51- 1. *Regular Meeting of February 2, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. *Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule,' to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. 4. *Ordinance No. 2539-2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 5. Discussion Schedule Budget Work Sessions 6. Discussion Microphone Etiquette ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2, Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a.. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk -52- ITEM I{: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited Oo 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -53- ITEM At CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Terry Bookey Ryan Marquis Mike Boyle, Vice Mayor Pat Porter, Mayor -54- MOTION: Robert Molloy Brian Gabriel Absent was: Council Member Moore (Clerk's Note: Attempts were made to contact Council Member Moore to participate telephonically, however those attempts failed.) A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL ADD TO: Item D -7, Resolution No. 2011 -15 Professional Services Agreement /Glenn Gray, d /b /a Glenn Gray Associates. ADD TO: H-7(b), AML Report Information related to HB30 and HB31, Re: Alaska transportation needs. ADD TO: H -7(e), Report of Assembly Assembly Member Smalley's report, the 2/15/2011 Assembly Meeting Action Agenda Council Member Molloy requested Item E -1, Minutes of the February 2, 2011 Council Meeting be removed from the Consent Agenda. Council Member Molloy MOVED to approve the agenda with the requested changes to the packet requested by the Mayor and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion, There were no public or Council comments, VOTE: There were no objections. SO ORDERED. ITEM B: B -1. Mary Jo Joiner, Christine Cunningham, Jacqueline Van Hatten All- America City Presentation Update Ms. Cunningham and Ms. Van Hatten provided an update of the All- America City process and progress in developing the City's application for submission by March 14. ITEM C: None. ITEM D: D -1. MOTION: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) UNSCHEDULED PUBLIC COMMENTS (Public cwnmenC limited. W 3 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2532 -2011 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 (Clerk's Note: The title of this ordinance was incorrectly presented on the 2/3/2011 Council Meeting agenda. However, the ordinance document included in that meeting packet was correct.) -55- Bookey Yes Marquis Yes Molloy Yes Bo le Yes Porter Yes Moore Absent Gabriel Yes Booke Yes Marquis Yes Yes Molloy Yes I, Moore Absent Bo le Yes Porter Gabriel Yes KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 3 Council Member Bookey MOVED for adoption of Ordinance No. 2532 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2533-2011 Increasing Estimated Revenues and Appropriations by 52,000 in the General Fund Fire Department. MOTION: Council Member Bookey MOVED for adoption of Ordinance No, 2533 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. The City Clerk was requested to write a thank -you letter to walmart for the donation. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2534 -2011 Increasing 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 Hazard to Aviation. MOTION: -56- Bookey Yes 1 Marquis Yes Molloy 1 Yes Boyle Yes Porter Yes Moore Absent Gabriel Yes Bookey Yes Marquis Yes I Molloy Yes Boyle Yes Porter Yes Moore Absent Gabriel Yes KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 4 Council Member Bookey MOVED for approval of Ordinance No. 2534 -2011 and. Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one public hearing was closed. ng to speak, the It was explained, some trees needing to be removed had been identified by the FAA; prior to removal of any hazardous trees, the City must complete an environmental assessment of the project which would require significant public involvement; and, the project needed to be moved forward. VOTE: `Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2535 -2011 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by $26,500, -57- KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 5 MOTION: VOTE: MOTION: 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. Council Member Molloy MOVED to enact Ordinance No. 2536 -2011. Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. *Student Representative Coffman: Yes Bookey Yes I Marquis Boyle Yes I Porter Gabriel Yes MOTION PASSED UNANIMOUSLY. -58- Yes I Molloy Yes j Moore Council Member Molloy MOVED to enact Ordinance No. 2537 -2011 and Council Member Marquis SECONDED the motion. Yes I j Absent I D -6. 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. The floor was opened for public hearing. Jacqulin Graham., 1107 Walnut Avenue, Woodland. Subdivision, Kenai Ms. Graham reported problems with bees in the area last summer, including her dog and children in the neighborhood being stung; she believed the lots in the subdivision were too small and close to keep bees; many children live in the neighborhood; believed allowing keeping of bees in a subdivision such as Woodland would be a mistake; and, requested Council to consider her concerns during its deliberation on the ordinance. Sarah Souders, 1103 Oak Avenue, Kenai Ms. Souders requested a work session be held to address concerns she identified within Section 3 of the ordinance and 3.10.070(g)(1 -h). Souders requested the ordinance be returned to the Planning Zoning Commission for additional review. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 6 There being no one else wishing to speak, the public hearing was closed. Council discussion followed and comments included: No objection to postponing the ordinance for additional review. Felt the ongoing process with the beekeepers working with the Planning Zoning Commission_ was productive and supported the ordinance being heard again at the Commission level. The Commission worked on the ordinance for a long time and believed 3.10.070(g)(3) and (5) needed further review by the Commission. MOTION TO POSTPONE: Council Member Boyle MOVED to send the ordinance back to Planning Zoning Commission for the neighbors and neighborhood to improve the product. Council Member Marquis SECONDED the motion. A clarification was requested as to whether the Commission was to hold a work session and /or another public hearing. Council Member Boyle stated he felt that would be determined by the Commission. It was also noted, the ordinance would not need to be reintroduced, however another public hearing should be held if there were substantial changes made to the ordinance or if a substitute was developed. VOTE ON POSTPONEMENT: "Student Representative Coffman: Yes Bookey 1 Yes 1 Marquis F Yes Boyle Yes Porter Yes Gabriel Yes MOTION PASSED UNANIMOUSLY. D -7. Resolution No. 2011-15 Approving and Awarding a Contract for Planning Services for the City of Kenai Comprehensive Plan to Glenn Gray and Associates for the Total Not -To- Exceed Amount of $75,000.00. MOTION: The floor was opened to public hearing. -59- Molloy Moore Council Member Molloy MOVED to approve Resolution No. 2011 -15 and Council Member Gabriel SECONDED the motion. ;Yes Absent Marilyn Kebschull, City Planner Kebschull provided an explanation of the process that took place in choosing the proposed contractor, noting $50,000 was received from Bookey Yes Marquis i Yes Molloy j Yes Boyle Yes Porter 1 Yes Moore I Absent Gabriel Yes KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 7 the Borough, Council's appropriation of an additional $50,000, the request for proposals receiving four responses, and, the reviews and interviews /presentations by the two highest scoring proposers. Koch reported there was enough flexibility in the contract to hold town hall meetings, work sessions, etc. to collect information; departments would be involved as well as commissions /committees; and, the process would include a thorough public process. Comments of Council included: Concern the reference to "personal interests" was vague and suggestion it track Section 13 of the Kenai Municipal Code with regard to conflicts of interest. The "personal interests" could be removed and allow the Code to carry the requirement. The process would take a year to two years; timeline dates would be established; and, the process would be continually refined. Preferred the "personal interests" reference be removed and the Code requirement applied and would Ieave it to Administration and Legal to work it out. Koch stated he would contact the consultant and if he did not have an issue with removing the reference to "personal interests," he would remove the reference. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -8. MOTION: Resolution No. 2011 -16 Awarding a Contract to Rainbow Builders, Inc. for the Project Entitled "Kenai Recreation Center Upstairs Flooring Replacement -2011" for the Total Amount of $22,71.8.00. Council Member Marquis MOVED to adopt Resolution No. 2011 -16 and requested UNANIMOUS CONSENT, Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. -60- Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Absent Gabriel Yes KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 8 D -9. Resolution No. 2011 -17 Pertaining to the Authorized Investments of, the Investment Allocations of. and Establishing Appropriate Benchmarks to Measure Performance of the General Fund Land Sale Permanent Fund. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -17 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend the "now, therefore" paragraph, deleting "Airport Permanent Fund" and inserting "General Fund Land Sale Permanent Fund," which would then read "...that the Council designates the following investments for the General Fund Land Sale Permanent Fund." Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: Yes Bookey Boyle 1 Gabriel Yes Marquis Yes !Porter Yes MOTION PASSED UNANIMOUSLY. Yes Mollo Yes Moore i Yes Absent D -10. Resolution No. 2011 -18 Authorizing a Budget Transfer Within the General Fund Parks Department, for the Purchase of a Used Vibratory Plow. -61- KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 9 MOTION: Council Member Marquis MOVED to adopt Resolution No. 201 148 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -11. MOTION: Resolution No. 2011 -19 Authorizing the Use of the Equi Replacement Fund to Purchase a 4X4 Ambulance. Council Member Bookey MOVED to adopt Resolution No. 2011 -19 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the ambulance was on 15 -year replacement fund and the purchase would be made jointly with the Borough. VOTE: There were no objections. SO ORDERED. D -12. Resolution No. 2011 -20 Establishing a Comprehensive Schedule of Rates, Charges, and Fees Imposed by the City Which Schedule Will Reflect an Increase in Some Fees to Better Reflect the True Cost to Provide the City Service and to Accommodate the Acceptance of Credit Cards as a Form of Payment for the Fees. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2011 -20 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council discussion followed with comments including: Identification the Schedule referred to a six percent sales tax rate and a question whether the document would need to be amended if the rate changed. -62- Bookey 1 Yes Marquis I Yes Yes Molloy Moore I Yes Absent] 1 Boyle Yes Yes Porter Gabriel KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 10 Answer provided was yes, the Schedule would need to be amended and adopted by resolution of the Council Reference to the Recount of Votes fee and whether it was consistent with the Code. Answer provided was yes, the fee should remain consistent with the Code as any change would require approval by the Department of Justice. ITEM E: MINUTES E -1. Regular Meeting of February 2, 2011. At the February 2, 2011 meeting, Section 2 of Item 12, Resolution No. 2011 -14 was amended. However, the minutes were found not to be consistent with the motion made to amend the resolution. MOTION TO AMEND: Council Member Molloy MOVED to amend the February 2, 2011 minutes at Item 4, Resolution No. 2011 -14, Section 2, so the ending phrase would read, "...for all Cook Inlet and Kenai Peninsula salmon harvesters and City of Kenai fish processors and other businesses without a sound biological reason for doing so." Council Member Marquis SECONDED the motion. VOTE ON THE AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED to approve the February 2, 2011 Council Meet Minutes as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK: 8:07 P.M. BACK TO ORDER: 8:12 P.M. ITEM F: UNFINISHED BUSINESS None. -63- g KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 11 ITEM G: NEW BUSINESS G -1. Ratification of Bills None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. Introduced by approval of the Consent Agenda. G -4. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. Introduced by approval of the Consent Agenda. 0-5. Discussion Schedule Budget Work Sessions A work session was scheduled for April 6, 2011 at 6:00 p.m. G -6. Discussion Microphone Etiquette Clerk Freas reviewed her memorandum included in the packet which outlined the upgrades to the Chamber sound system over the years and suggested when using the system, users needed to be cognizant of shuffling papers and needing to speak into the microphones. -64- KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 12 Discussion followed during which Council requested the Clerk to investigate costs for hiring of a consultant to assess the system and provide recommendations for repairs, upgrades of equipment (audio, video streaming), etc. ITEM H: COMMISSION /COMMITTEE REPORTS H -I. Council on Aging Council Member Boyle reviewed discussions held at the February 10, 2011 meeting; reported a pie auction would be held March 31; and, the next volunteer appreciation dinner had been scheduled for January 20, 2012. H -2. Airport Commission Council Member Marquis reviewed discussions and actions taken at the February 10, 2011 meeting, including a recommendation for sale of property within the Airport Reserve and Air Fair posters. 11-3. Harbor Commission Council Member Gabriel reviewed the summary of the February 7, 2011 meeting which was included in the packet, noting the Commission recommended the Council direct Administration to investigate the development of a drift boat pull -out. A discussion of the possibility of a drift boat pull- out was requested to be placed on the March 2, 2011 Council meeting agenda. 11-4. Library Commission Council Member Marquis reported the next meeting would be held March 1, 2011. H -5. Parks Recreation Commission Parks Recreation Director Prates reviewed the summary of the February 7, 2011 meeting and noted, a work session and special meeting were planned for February 28, 2011. 11-6. Planning Zoning Commission Council Member Molloy reported the next meeting would be held February 23, 2011 and a work session related to outdoor wood burning boilers would be held prior to the meeting. 11-7. Miscellaneous Commissions and Committees 11-7a. Beautification Committee Council Member Bookey reviewed the February 8, 201 1 special meeting summary which was included in the packet, noting the Committee discussed landscaping at Memorial Park., H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No meeting. 11-7d. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting was scheduled to he held on February 28, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils -65- KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 13 Hal Smalley, Assembly Member, 105 Linwood Lane, Kenai Assembly Member Smalley reported on actions taken and discussions held at the February 15 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted she attended the Alaska Conference of Mayors meeting in Juneau and the Alaska Municipal League Winter meeting; she met with Governor Parnell and discussed enforcement during the Personal Use Fishery; and, reported Governor Parnell requested municipalities to alert him of federal mandates. ITEM J: ADMINISTRATION REPORTS 3 -1. City Manager City Manager Koch reported he discussed conflicts of interest with students at Kenai Central High School; he planned to travel to Juneau around the first of the month; and, noted Buccaneer Alaska received a S30 million loan through AiDEA and they hoped to have a jack -up rig in Cook Inlet in August. A brief discussion took place related to the addition of an industrial park capital project to the priority List. Koch was requested to prepare a resolution for the March 2 meeting to amend the Capital Improvement Priority List adding the industrial park as Priority #11. J -2. Attorney Attorney Stearns reported she would be absent from the March 2 meeting. J -3. City Clerk City Clerk Freas reported the following: She corrected Resolution No. 2011 -14 and resent the resolution to the Governor, legislators and Commissioner of Fish Game. She added the Municipal Park Playground Expansion Project proposed alternate designs on the main page of the City's webpage for easy public review. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments None. K -2. Council Member Comments Gabriel Thanked those who provided testimony and reported Ocean Beauty Seafoods, a long -time processor, was pulling out of Cook Inlet. Bookey Thanked staff and all involved with the A11- America City application process; thanked those providing testimony related to the beekeeping ordinance; and, reminded all of the Kenai Performers production of Peter Pan being held the next several weekends. Coffman Provided an update of Kenai. Central High School events and activities and thanked those providing the All- America City presentation. -66- KENAI CITY COUNCIL MEETING FEBRUARY 16, 2011 PAGE 14 Marquis Thanked those providing the All- America City presentation and ordinance /resolution testimony, and reported an interview related to the inventory being taken at the Visitors Center was available on the KBBI Radio webpage. Molloy Appreciated the informative work sessions on the 2010 Dip Net Report and utility rate study; reported the local birding festival was very successful; and, reported he would be out of State for the March 2 meeting but planned to participate telephonically. Boyle Reported he would be absent from the March 16 Council meeting. EXECUTIVE SESSION None Scheduled. ITEM L: PENDING LEGISLATION (This item li sts 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 me adjourned at approximately 8:47 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not moue or second items during a council meeting. -67- as KENAI CITY COUNCIL WORK SESSION FEBRUARY 15, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CITY OF KENAI 2010 DIP NET FISHERY REPORT -68- KENAI CITY COUNCIL WORK SESSION FEBRUARY 15, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council Present: R. Molloy, B. Gabriel, T. Bookey, R. Marquis, P. Porter Council Absent: J. Moore and M. Boyle Staff Present: C. Freas, K. Stearns, T. Eubank, R. Koch, D. Ross, B. Frates, K. Lyon Mayor Porter called the work session to order at approximately 6:00 p.m. City Manager Koch reviewed an electronic slideshow (copy distributed at the beginning of the work session), The information included: Dip Net Activity comparison between 2009 and 2010 Reports of the Fire, Public Works, Parks Recreation and Police Departments Capital Improvements and Scheduled Capital Improvements Volunteer activities Revenue information Expenditures Proposed Expenditures Koch noted, the City was preparing grants to assist in covering costs of the Personal Use Fishery. The floor was opened for public comment. Vince Goddard, Kenai Stated concerns related to personal use fishers taking more fish than allowable; belief that illegal fish were being shipped out of state; lack of State enforcement of fishing regulations; suggested the City work with the State Troopers, Fish Game with regard to the Lacey Act and get Federal Express involved as well; belief the City was doing an excellent job if the intention was to grow the fishery, but thought the City should put a cap on what it does; he would be testifying at the Board of Fisheries meeting; and, suggested Council consider what actions it could take, including a resolution stating more enforcement was needed. Rick Bucy, Soldotna Stated he had been involved with retail for many years; the fishery's impact on the retail business tax revenue was huge; he appreciated how the City had gone out of its way to support the fishery; and, the fishery was a huge economic impact to the area. Brenda Crim, Salmon Frenzy, Anchorage Crim reviewed the services her group performed during the summer, including a day camp for children, trash patrol, gave away food (approximately $50,000 to the local economy), render first aid, warming stations, fish tables, etc.; they partner with area churches; they use 450 volunteers over three weekends; they have some skilled laborers who would like to provide services for three weeks, partnering with the City; and, they do background checks on all the volunteers. -69- KENAI CITY COUNCIL WORK SESSION FEBRUARY 15, 2011 PAGE 2of2 Asked if she was aware of any problems with mobile food vendors, Crim stated she was unaware of any. Bob Peters, Kenai Stated he appreciated the Salmon Frenzy's contribution to the community; believed it would be helpful to have fish- cleaning tables; suggested an ordinance prohibiting fishers leaving fish garbage on the beach; suggested the City pave Kenai Avenue; and, suggested signage be added at the end of Kenai Avenue discussing the environmental good to stay off the dunes. Council /Administration comments included: Shifts were adjusted to accommodate the 24 -hour fishery and the cost to the City was not substantial. Concern of boaters relieving themselves from their boats or on the banks i n clear view of others. Concern Tots were being purchased along the river and used as recreational lots with many visitors, boats, recreational vehicles, etc. and these types of activities were becoming progressively worse. Concern the City should not make money on the fishery and money that does come in from the fishery should be used to manage the fishery. Instead of having a negative attitude of the fishery, the City and its residents /businesses needed to embrace it and welcome the fishery users. Concern fishery users were burying garbage in campfires which presented hazards when cleaning the beaches Requested Administration work toward a finding a solution. Additional fire pits would be placed on the North beach, including metal Administration would explore placing signage to warn users not to dump fish carcasses in the creek. Suggestion to add funds to the Beautification budget so that summer hires would not be pulled from beautification responsibilities to work on fishery issues. Administration would discuss the concern. Suggestion to use two Conex trailers for storage instead of building a storage facility. Suggestion the City purchase a portion of the Anchor Trailer Park to assist with, accommodating parking needs during the fishery, Code identified several areas with regard to burning and burying of refuge, camping on private property, and trespassing violations. pits. The work session ended at approximately 7:45 p.m. Notes prepared and submitted by: Carol L. Freas, City Clerk -70- KENAI CITY COUNCIL WORK SESSION FEBRUARY 16, 2011 5:30 P.M. KENAI CITY COUNCIL CHAMBERS CITY OF KENAI WATER SEWER RATE STUDY -71- Council present: Council absen.t: Staff present: KENAI CITY COUNCIL WORK SESSION CITY OF KENAI WATER SEWER RATE STUDY FEBRUARY 16, 2011 5:30 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES B. Gabriel, P. Porter, T. Bookey, R. Molloy, r. Marquis and M. Boyle J. Moore C. Freas, K. Stearns, T. Eubank, K. Lyon, B. Springer, D. Young, and J. Potter Mayor Porter opened the work session at approximately 5:30 p.m. Kurt Playstead of CH2M Hill reviewed the technical memorandum prepared by CH2M Hill as well as presented an electronic slideshow (lay down document). Also distributed as a lay down item was a memorandum from City manager Koch responding to questions submitted by Council Member Molloy in advance of the work session. Playstead's report encompassed the background for the study, rate study objectives, rate study process, water utility, sewer utility, rate comparison, and recommendations. Recommendations included: Implement the first five years of the proposed rate increases; Review the financial plan regularly to ensure actual revenues and expenditures are tracking with the projections developed in the analysis; Increase the rates as needed in future years t meet the financial needs of the systems; and, Conduct the rate update in five to six years. To implement the cost increases, comments included: The public needs to know how much water and sewer costs are in other communities. Public will be more receptive of an increase if the product (water) is clear. Emphasis should be put on the inflationary increases instead of athe monetary increase. Other comments included: The work session was an informational tool. Council should talk with constituents to alert and to ease into the rate increases to come. There was time for public comments as the increases would not take place until 2013 if Council decided to move forward at that time. -72- KENAI CITY COUNCIL WORK SESSION FEBRUARY 16, 2011 PAGE 2 of 3 The work session ended at approximately 6:30 p..m Notes prepared by: Carol L. Freas, City Clerk -73- 0 0 co Lu Lu m co 0 0 0 Q Q 0 OD W -74- Ill a 0 a J 0 z 0 0 0 W W z z x 0 0 0 0 0 uj O 0 0 LU 0 0 w N 2 0 a 1— z 0 0 0 0 0 w 0 o. -75- z O z 0 O J 0 z S 0 N z O 0 the afof KEN AI, ALASKA `7/ MF;MO: /'I/i(Iaye with a Past, C# with a Ftare Kenai Police Department ,CCU, 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907- 283 -7879 FAX: 907- 283 -2267 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 2/23/11 SUBJECT: Request to Purchase Ford F -150 On February 16, 2011, the Kenai City Council approved Ordinance 2536 -2011, authorizing the appropriation of funds to purchase dipnet related equipment. This appropriation included $24,000 for the Police Department to purchase a half ton pickup for use by Seasonal Enforcement Officers during the dipnet fishery. Cal Worthington Ford in Anchorage has the current State of Alaska fleet award for the half ton pickup that the Police Department would like to purchase. The pickup is a Ford F -150 extended cab. Per KMC 7.15.050(f) equipment may be purchased without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. The Cal Worthington Ford pricing, per the State of Alaska fleet contract award, is as follows: 2011 Ford F -150 Extended Cab: $22,392 Extra rims and tire pressure sensors $785 Shop Manual $370 Total $23,547 A purchase order for $23,547 to Cal Worthington Ford is presented for approval in the March 2, 2011 Council Packet. Utilizing the State of Alaska fleet contract pricing will ensure the City of Kenai gets the best possible price for the half ton pickup. -76- 1597 KEMAL ALASKA MEMO: Thank you for your attention in this matter. "Village with a Past, City with a posture" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 283 -7535 FAX: 907 283 -3014 1 11111 -77- TO: City Council FROM: Rick Koch DATE: February 24, 2011 SUBJECT: Special Use Permit, Buccaneer Alaska Operations, L The purpose of this correspondence is to request Council approval of the attached Special Use Permit to Buccaneer Alaska, LLC (Buccaneer). The Permit provides for Buccaneer to construct an access road and drill pad, and to utilize the pad to drill an exploratory /production well for natural gas. The City of Kenai Planning Commission approved a Conditional Use permit for Buccaneer for the extraction of natural resources at this site. The Kenai Municipal Airport will receive monthly payments in the amount of $1,333.33 and Buccaneer will construct an access road and gravel pad. These improvements will remain the property of the Airport. 1992 SPECIAL USE PERMIT THE CITY OF ICENAI (City) for the consideration, and pursuant to the conditions and requirements set forth below, hereby grants the right to use the Premises, identified in Exhibit A to this Permit, which exhibit is incorporated herein by reference in its entirety, to BUCCANEER ALASKA OPERATIONS, LLC: 1. Term. Permittee shall have a non exclusive use of the Premises for a term of one year, to commence on the day of 2011, and to end on the day of 2012. 2. Premises. The Premises subject to this Permit is identified in Exhibit A, page and is further described as: A parcel of land for access and exploratory drilling located north of the fire training facility off Marathon Road on City of Kenai lands situated in the un- subdivided portion of the NW 14 Section 33, Township 6 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District (KN), Third Judicial District, State of Alaska, and more particularly described as follows (courses and distances are Alaska State Plane Zone 4): Commencing at the northwest corner of Tract A -1 -A Baron Park Subdivision Fire Addition KN 97 -51on the easterly right -of -way line of Marathon Road, Thence Course N 7 °26'03 "E Distance 34338 ft. along said right -of- way line to the Point of Beginning being Corner No. 1, Thence Course N 89 °23'34"E Distance 338.64 ft across City of Kenai land to Corner No. 2; Thence Course S 0 °36'26 "E Distance 340.00 ft. across City of Kenai land to a point of intersection on the northerly boundary of said Tract A -1 -A being Comer No. 3; Thence Course N 89 °23'34 "E Distance 500.00 ft. across City of Kenai land along the northerly boundary of said Tract A-1 -A to Corner No. 4; Buccaneer Alaska Operations, LLC Page 1 of 7 Special Use Permit L:Agt.SUP.Buccaneec0124 I1 -78- Thence Course N 0 °36'26 "W Distance 400.00 ft. across City of Kenai land to Corner No. 5; Thence Course S 89 °23'34 "W Distance 830.16 ft, to a point on the easterly right -of -way line of Marathon Road being Corner No. 6; Thence Course S 7 °26'03 "W Distance 60.68 ft, along said right -of- way line to the Corner No.1, the Point of Beginning thus embracing Area: 5.05 Acres (226,064 sq. ft.). 3. Use. The permitted use is to construct approximately 550 lineal feet of access road, a 400' x 500' drill pad, drill Kenai Loop #1 Well and production and compressions facilities for the sale of natural. gas. This use is more specifically described in the "Plan of Operations" in the attached Exhibit A, and all such uses are subject to Pennittee applying for and obtaining all required permits for such activities and to Permittee observing all conditions and requirements of said permits. The use of the Premises is limited to the purposes specified. This use is also subject to the administrative actions of the City of Kenai for public safety and the protection of maintenance of Premises and of adjacent and contiguous lands or facilities. 4. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for its operations under the Permit and/or as described in Exhibit A. Permittee shall provide proof of compliance to the City upon request by the City. 5. No Exclusivity. 'The use by the Permittee of the Premises is limited to the uses and purposes specified herein and the Permits is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Without limitation of the foregoing, Pennittee expressly recognizes and has notice that the access road to be constructed on the Premises by Permittee may be used by the City and the City's designees. Buccaneer Alaska Operations, LLC Page 2 of 7 Special Use Permit L:Agt.SUP.Buccaneer.0 t 241 1 -79- 6. Improvements. Improvements described as the access road and drill pad shall remain in place following the term of this Permit and shall become the property of the City. 7. Permit Fees, Permittee shall pay a monthly fee of $1,33333, plus applicable sales tax. This fee is computed based upon the following calculation: 200,000 s.f. x $1.00 s.f. 8% annual fee 12 months). The fee shall be due on or before the first day of each month beginning February 1, 2011. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 Fidalgo Ave., Kenai, Alaska 99611. Permittee further agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided, including but not limited to sales tax now enforced or levied in the future and computed upon fees due, with sales tax due in monthly installments at the same time Permit Fees are due. Permittee shall pay and be liable for interest at the rate of eight percent (8 per annum and penalties of ten percent (10 of the amount due, on any amount of money owed under this Permit which is not paid on or before the date it becomes due. Insurance. Permittee, at the expense of the Permittee, shall provide insurance covering its activities on and /or in any way arising out of its use of the Premises. Permittee shall provide insurance coverage of the following types and minimum coverage limits. If Permittee's policy(ies) contain(s) higher Limits, the City shall be entitled to coverage to the extent of the higher limits: Commercial General Liability including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per occurrence limit of not less than $1,000,000 combined single limit. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non owned motor vehicles the lessee uses. Buccaneer Alaska Operations, LLC Page 3 of 7 Special Use Permit L:Agt.SUP,Buccaneer.01241 t -80- Workers' Compensation Insurance for all Permittee's employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. Products and Completed Operations Liability Insurance. Permittee shall provide Products and Completed Operations Liability Insurance in at least the following coverage limits: $100,000 bodily injury combined single limit per occurrence; 5300,000 bodily injury aggregate; and, $1 property damage combined single limit per occurrence. All of the policies required above shall be issued by a company /corporation currently rated "A "or better by A.M. Best. With respect to the policies of insurance listed above, Permittee shall provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary Limits of coverage secured. Permittee shall provide this proof of insurance to the City (attention to the City Manager) prior to beginning any activities on the Premises. All insurance must provide that the City be notified at Least 30 days prior to any termination, cancellation, or material change in the insurance coverage. All policies shall name the City as an additional insured. If Permittee subcontracts any work on the Premises, all of its subcontractors shall he subject to the same insurance requirements. Permittee shall identify its subcontracts and provide the same evidence of insurance coverage to the City prior to the subcontractor performing work. 9. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Buccaneer Alaska Operations, LLC Page 4 of 7 Special Use Permit L.4gt.SUP. Buccaneer.012411 -81- Permittee in connection with its use of the Premises. This shall be a continuing release and shall remain in effect after termination of this Special use Permit. 10. Mutual Cancellation. This permit may he cancelled in whole or in part by either party with one (I) calendar month written notice. 11. No Alcohol. No possession or consumption of alcoholic beverages is permitted on the Premises. 12. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 13. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and /or impounded by the City, and when so removed and /or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus its storage charges. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. 14. Assumption of Risk. Permittee will provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 1.5. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements, 16. No Discrimination. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 17. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of' notice and all communications from City to Permittee is: Buccaneer Alaska Operations, LLC Page 5 of 7 Special Use Permit L:AgLSUP.Buccaneer.012411 -82- Mark Landt Buccaneer Alaska Operations, LLC 952 Echo Lane Houston. Texas 77024 Message Phone: 281.768.7650 Fax: 832201.7495 The Contact information for the City, and the person in responsible charge for Pennittee during the tern of the Peunit, for purposes of notice and all communications from Permittee to the City is: City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: 907.2818223 Fax: 907,283.3014 Email: rkoch@ci.kenai.ak.us 18. Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the organization to bind the organization hereunder. CITY OF KENAI By: Rick K. Koch City Manager BUCCANEER ALASKA OPERATIONS, LLC By: Title: Buccaneer Alaska Operations, LLC Page 6 of 7 Special Use Permit L: A g L S U P. B u c c an e e r.01 241 1 -83- Approved as to form. Knsta S. Steams City Attorney STA Ih OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of February, 2011, the foregoing instrument was acknowledged before me by RICK K. KOCH, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. STATE OF ALASKA S5. THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on the day of February, 2011, the foregoing instrument was acknowledged before me by of BUCCANEER ALASKA OPERATIONS, LLC, an Alaska Limited Liability Company, on behalf of the company. Buccaneer Alaska Operations, LLC Page 7 of 7 Special Use Permit L: Agt.SUP.Buccaneer.01241.1. -84- Notary Public for Alaska My Commission Expires: Buccaneer Alaska LLC Kenai Parcel Description: A parcel of and for access and exploratory drilling located north of the fire training facility off Marathon Road on City of Kenai lands situated in the un- subdivided portion of the NW Section 33, Township 6 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District (KN), Third Judicial District, State of Alaska, and more particularly described as follows (courses and distances are Alaska State Plane Zone 4): Commencing at the northwest corner of Tract A -1 -A Baron Park Subdivision Fire Addition KN 97 -51on the easterly right -of -way line of Marathon Road, Thence Course N 7 °26'03 "E Distance 343.38 ft. along said right -of -way line to the Point of Beginning being Corner No. 1, Thence Course N 89 °23'34 "E Distance 338.64 ft across City of Kenai and to Corner No. 2; Prepared By: Thence Course S 0 °36'26 "E Distance 340.00 ft, across City of Kenai land to a point of intersection on the northerly boundary of said Tract A -1 -A being Corner No. 3; Thence Course N 89 °23'34 "E Distance 500.00 ft. across City of Kenai and along the northerly boundary of said Tract A -1 -A to Comer No. 4; Thence Course N 0 °36'26 "W Distance 400.00 ft. across City of Kenai land to Corner No. 5; Thence Course S 89 °23'34 "W Distance 830.16 ft. to a point on the easterly right -of -way line of Marathon Road being Corner No. 6; Thence Course S 7 °26'03 "W Distance 60.68 ft. along said right -of -way line to the Corner No.1, the Point of Beginning thus embracing Area: 5.05 Acres (226,064 sq. ft). S. A. McLane, PLS 4637 McLane Consulting Inc. -85- AWNIIIIIIIN MOW, NRAOD 311SIVN3Y 2133NVJJf19 -86- 311)03HDS 3115 IVNJ> 833NVDDr19 -87- Ariet—t--06 51. mit, ttlor •ww)oe man NY1d 3.11S NI D ‘ci s 3NVDD 0 ?AMINO IVN N ce) z z 0 CO C) Z al 0 0 6 6 1C4,3 6 6 0 W tr, o W. id LL 11A .94.9E.0 N 4 1 3 a 1 tt I i r t j?. WrO'Zool, °YOU KIORIV8VIN LEall4.1 N irraBbr LVIOVILL 00Z ens )4}2,/ti NOW IOVU1 I snos toot 0116 AWd NO we -88- N D01 301111Vv>sviv 63Nv j 1V113)1 Dnu at co 0 rti.3 NV 311 oug --1 s 0,62::F 400 0 0 _1-- 1 6 0 6 I 5 'Ct. b 0 y av±:115;15.0LLeY65P .:._2....___:: ct 6C L4 to CC C7, try t 0 (6 000 ;1 1 00'0K AL N 7.5 7 7 F gl 1 i 14 0°05” a L 6 200z... 14 artal LOOL 661/4/4 N W IOWA_ ow. 1,614.3/4 L000 8 ttl 'AA If 1)0! QVC)21 NONIVEIVIN -89- AO NOIL.0.29C sou 1..ak tem tutor 1 WM Ir.,. fras I 4.1t1 ILA MADAM. SNOIlD9S1VDIdki NVld 2.JS el33NVDDfl9 S.LIVII14WW310 GULIINtl ONIW:110 s= -90- Lt C 0 (co 3113Obd I? NVld aVO21 SS300V J33NVOOf19 -91- tal Bte. MN ON 2 2 2 g 2 2 SNOilD3S SSCAO CVO N SS9DDV NaNVDDM3 atal. WaA 22222 2,2222 222'22 -92- vea'yu KENAA� SKA MKMO Tillage with a Past, Ci with a Future' l wme�acev '11 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Christine Cunningham, Assistant to City Manager 0 THROUGH: Rick Koch, City Manager DATE: February 22, 2011 SUBJECT: Second Amendment to Rental Agreement Chevron North America Exploration and Production Company The City Attorney has approved the attached Second Amendment to Rental Agreement as to form. 1992 Chevron currently rents office space at the Beacon Fire Training Center. The current Rental Agreement term began. March 1, 2009 and will expire February 29, 2011. According to the terms of the Rental Agreement, the City is responsible for normal electrical service and rent is based on a square foot rate of 1.75 per square foot or 13,125 annually. The current Agreement allows an option for two extensions of one or two year terms with the terms and conditions, including rent, to be mutually agreed upon. The first extension was approved by Council March 3, 2010. The Finance Director has reviewed the utility rates and does not recommend an increase in the rent since the last renewal of the Agreement. SECOND AMENDMENT TO RENTAL AGREEMENT This Second Amendment to Rental Agreement is between the CITY OF KENAI (CITY), whose address is 210 Fidalgo, Kenai, AK 99611 and CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation (CHEVRON), whose address is 1400 Smith Street, Houston, TX 77002. WITNESSETH: WHEREAS, on July 21, 2009, the City and Chevron entered into a rental agreement for office space in the City of Kenai's building known as the Alaska Fire Training Center, such space consisting of approximately 625 square feet; and, WHEREAS, under the terms of the rental agreement, the agreement was to expire on February, 28 201.0, unless extended for an additional term as provided for in the agreement; and, WHEREAS, under the terms of the rental agreement, the agreement was extended one (1) year from February 28, 2010, to February 29, 2011; and,, SECOND AMENDMENT TO RENTAL AGREEMENT Page 1 of 3 -94- WHEREAS, Chevron desires to exercise its right to a second extension of the term of the rental agreement and the City mutually consents to an extension of the rental agreement as provided therein. NOW THEREFORE, the parties agree as follows: 1. The term of the rental agreement is extended one (1) year from February 28, 2011, to February 28, 2012. 2. Except as expressly modified or stated herein, all other terms and conditions of the rental agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Rental Agreement the day and year set forth below. CITY OF KENAI SECOND AMENDMENT TO RENTAL AGREEMENT Page 2 of 3 By: Rick R. Koch Its: City Manager CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation By: Name: Its: -95- Approved 4s o form: Krista S. Stearns, City Attorney )ss THIRD JUDICIAL DISTRICT STATE OF ALASKA The foregoing instrument was acknowledged before me this day of 2011, by Rick R. Koch, City Manager for the City of Kenai. STATE OF TEXAS THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: )ss The foregoing instrument was acknowledged before me this day of 2011, by (Name), (Title) of CHEVRON NORTH AMERICA. EXPLORATION AND PRODUCTION COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation, on behalf of the company. Notary Public for Alaska My Commission Expires: SECOND AMENDMENT TO RENTAL AGREEMENT Page 3 of 3 —96— the dly of KENAI, ALASKA MEMO: Attachments aye with a Past, Ga with a Faluv'e" l�lsd 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch, City Manager LiATL: February 24, 2011 SUBJECT: Third Amendment to Facilities Management Agreement for the Kenai Visitors and Cultural Center The purpose of this correspondence is to provide additional information in support of the referenced Amendment. Christina Conn has provided the attached report on her progress regarding inventory of the City's collection at the Kenai.Visitor and Cultural Center (KVCC), Ms. Conn reports that, as of February 4, she has examined and assessed approximately 1,200 objects or approximately 40% of the collection. Natasha Ala, Executive Director of the KVCC, contacted me on February 17 by e -mail to request an Amendment to the Agreement which would provide for additional compensation for Ms. Conn to complete the inventory services referenced in her report. Ms. Ala indicated that an additional eight weeks would be necessary for Ms. Conn to complete the inventory. Additionally, Ms, Ala reported that the KCVB has secured accommodations and a vehicle for Ms Conn and the only cost to the City for the additional services would be Ms. Conn's wages, which amount to a $4,800 increase to the $13,000 fee approved by Council at its November 3, 2010 meeting. Ms Conn has done a professional job at documenting and recording objects in the collection, and it would be valuable to the City to have the entire collection completely documented, recorded and assessed. A Third Amendment to Facilities Management Agreement incorporating the above request has been drafted by the City Attorney and is attached. 1992 PROGRESS REGARDING INVENTORY OF CITY'S COLLECTION AT KENAI VISITOR AND CULTURAL CENTER Report by Christina Conn Summary of Completed and Current Work As of February 4` 2011, I have examined and assessed approximately 1200 artifacts, roughly forty percent of the total estimated collection. I have made a list with each object found and have checked that list against the records. Twenty -one objects that had been "Missing" in the database have been located. Forty -one objects had paperwork but were not cataloged. In addition, over fifty objects that were found in collection without paperwork have been accessioned and cataloged. Each record has been updated. I have written a condition report for each item inventoried. In addition, most objects needed to be measured, numbered, photographed, and have descriptions created for them. This comprehensive approach to the inventory will help ensure the accuracy of the information we have on each object, its condition, and its location. I am continually assessing the collection. Several objects have been put on a possible deaccession list because they do not fit in with the museum's mission or their condition has deteriorated to the point that the object is not useful. Objects have been identified needing updated loan agreements or signed deed of gifts. While inventorying, I have been setting up a new filing system for easier access to the artifacts' paper records. Each accession record now has its own folder so that copies of relevant information on the objects and donors are kept in one place. A new art storage unit has been put in place for easier access to paintings. They have been covered in tyvek as a barrier against Tight, dirt and dust. The photo of the painting, its catalog number and a description has been taped to the tyvek minimizing the need to handle the artwork. Future Work My plan is to continue completing a comprehensive inventory of the collections. By the end of February, I will have inventoried the rest of the objects on display and started on the objects kept in storage. About half of the objects in the storage area have been inventoried during the summer of 2009 so the inventory process should accelerate during that time. Another four to six weeks will be needed to finish the inventory completely including examining objects that are stored off -site. There are objects stored in the connex and artwork on display in governmental buildings. I think it would be good to consult an attorney on how to interpret Alaska's "Undocumented Property" museum law. The citation that I would like to look at is 14.57.200 to 14.57.290. It refers to the objects that we have found in the collection that have no deed of gift or loan -98- agreement associated with them. In order to establish ownership of them, we need to follow the rules and regulations set by state law. In addition, I think it would be prudent to talk to an attorney about unclaimed loans, how to determine when a statue of limitations might begin to run and to identify other legal issues that might come up concerning these loans. Then, I can create a report on how to proceed. After the question of ownership is solved, then the museum can start to legally deaccession objects that might not fit with its current mission. By the end of April, I will have finished a thorough inventory of the city's collection, produced a condition report assessment, created a procedural report on how to establish ownership on unclaimed loans and objects that are found in collection, write a form letter to people who have loaned items to the center to begin the process of updating loans that the museum wants to renew or to return, and have identified unclaimed loans. These actions will help the museum clean up old loans that eat up valuable storage space and consume scarce staff and financial resource. Developing and implementing new procedures on how to fix old loan problems will help the museum avoid these situations again in the future. -99- THIRD AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER This Amendment is made as of the day of March, 2011, by and between the CITY OF KENAI, a municipal corporation (City) whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and the KENAI CONVENTION AND VISITORS BUREAU, INC. (KCVB) whose address is 11471 Kenai Spur Highway, Kenai, Alaska 99611. WITNESSETH WHEREAS, on December 18, 2009, the City and the KCVB entered into a Facilities Management Agreement for the management of the Kenai Visitors and Cultural Center "Agreement and, WHEREAS, on May 11, 2010, the City and the KCVB amended Section 7 of the Agreement to modify payment terms; and, WHEREAS, the City has a large collection of art, artifacts, and historical and cultural items that are owned by the Ciry or that are loaned to the Ciry and these items are located at the Kenai Visitors and Cultural Center; and, WHEREAS, these objects have not been properly cataloged and, over the years, the record keeping with respect to the items has been inconsistent; and, WHEREAS, the City requested that the KCVB propose a plan for making a complete inventory and catalogue of these items; and, WHEREAS, the KCVB has identified a third -party contractor, Ms. Christine Conn, who has the credentials, experience, and training to conduct work on the City's collection at the Center; and, WHEREAS, on 2011, the City and the KCVB amended Section 3 of the Agreement to expand the scope of services to be provided to the City by KCVB so that those services would include an inventory of the City's collection and to provide for additional compensation to KCVB for that new work; and, WHEREAS, the work on the inventory is taking longer than initially anticipated and the parties wish to further amend the Facilities Management Agreement for the Kenai Visitors and Cultural Center to provide for additional compensation for the KCVB to complete the additional inventory services. Third Amendment To Facilities Management Agreement For The Kenai Visitors And Cultural Center Agreementsi KCVB.MgmntAgt3rdAmendment022311 Page 1 of 3 -100- NOW TFIEREFORE, the parties agree as follows: Subparagraph 1.F. of Section 3 of the Agreement is to read as follows Section 3 Scope of Services 1) Specific Services F. Conduct a collections inventory of art, artifacts, and cultural and historical items "objects stored at the Center. The KCVB shall provide the City with a catalogue of the objects using a standardized nomenclature system with assignment of catalog numbers to all objects in a uniform matter. The objects shall be marked with numbers and all information shall he entered into a Past Perfect Museum Software database of the collection which database shall include updated contact information of the known owner, valuations, and other pertinent information typically included in such databases. KCVB shall also provide a report of the condition of each object which report shall contain an opinion about whether a particular object is appropriate for display and whether the object fits within the City's current collection policy. KCVB will photograph all objects, move and arrange the objects in collection storage areas, and update the accession filing system for the objects. The City shall own the work product of these efforts. The scope of this work is also reflected in Exhibit A attached hereto. To perform this work, the City will upon invoice from KCVB, pay KCVB a fee of $17,900 to retain a contractor who possesses the critical skills and training necessary to accomplish this work in a professional manner. In addition, at the City's election, the City shall provide KCVB either with a round -trip airline mileage ticket for travel for any contractor retained by KCVB to perform these services or the City shall pay up to $700 to KCVB to offset air transportation costs. 2. Except as expressly modified or stated herein, all other terms and conditions of the Facilities Management Agreement for the Kenai Visitors and Cultural Center as previously amended remain in full force and effect. Third Amendment To Facilities Management Agreement For The Kenai Visitors And Cultural Center Agreements l KCVB.MgmntAgt3rdAmendment022311 Page 2 of 3 -101- Approved as to form: Krista S. Stearns City Attorney State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of March, 201.1., by Rick R. Koch, City Manager for the City of Kenai. State of Alaska Third Judicial District ss ss CITY OF KENAI Bv: Rick R. Koch Its: City Manager KENTAI CONVENTION AND VISITORS BUREAU, INC. By: Natasha Ala Its: Executive Director Notary Public of Alaska My Commission Expires: The foregoing instrument was acknowledged before me this day of March 2011, by Natasha Ala, Executive Director of Kenai Convention and Visitors Bureau, an Alaska Corporation, on behalf of the corporation. Notary Public of Alaska My Commission Expires: Third Amendment To Facilities Management Agreement For The Kenai Visitors And Cultural Center Agreements\ KCVB.MgmntAgt3rdAmendment022311 Page 3 of 3 -102- PENDING APPROVAL COUNCIL ON AGING MEETING FEBRUARY 10, 2011 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Medicaid Reimbursement Rate Increase Update ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. March 10, 2011 (Identify if you are requesting an excused absence.) ITEM 9: QUESTIONS COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of January 19 and February 2, 2011. ITEM 12: ADJOURNMENT -103- ITEM 1: A quorum was present. ITEM 2: MOTION: ITEM 4• ITEM 5: 5 -a. ITEM 7: REPORTS COUNCIL ON AGING MEETING FEBRUARY 10, 2011 KENAI SENIOR CENTER 4 :30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Geller called the meeting to order at approximately 4:31 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: AGENDA APPROVAL ITEM 6: NEW BUSINESS None J. Hollier, M. Necessary, C. Unger, V. Geller, B. Osborn, L. Nelson, M. Milewski, A. Little L. Flowers Senior Center Director R. Craig, Council Member M. Boyle Member Osborn MOVED to approve the agenda as presented and Member Hollier SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 MOTION: Member Nelson MOVED to approve the meeting summary of January 13, 2011 and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Medicaid Reimbursement Rate Increase Update Senior Center Director Craig reported she delivered the Council on Aging resolution to area legislators during her trip to Juneau; noted the new Medicaid regulations had been approved; and, the Senior Center would see an increase in March and another in July 2011. -104- 7 -a. Council on Aging Chair Geller noted the Open Meetings Act training at City Hall had been beneficial; the Volunteer dinner was a success; and, donations were being accepted for the Spring Garage Sale. 7 -b. Director Craig reported the March for Meals Fundraiser would be on March 31, 2011 and noted the Center was seeking pie donations and volunteer help. Craig reported she was requesting bids for new audio equipment to include in the next budget. 7 -c. Council Liaison Council Member Boyle reviewed the January 19 and February 2, 2011 City Council Action Agendas which were included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 March 10, 2011 (Identify if you are requesting an excused absence.) No members requested an excused absence from the March 10, 2011 meeting. ITEM 9: QUESTIONS COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of January 19 and February ITEM 12: ADJOURNMENT MOTION: Member Nelson MOVED to adjourn and Member Milewski SECONDED the motion. There were no objections, SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -105- 011. COUNCIL ON AGING MEETING FEBRUARY 10, 2011 PAGE 2 ITEM 6: NEW BUSINESS a. Discussion /Recommendation 11« Annual Kenai Peninsula Air Fair Poster AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion /Recommendation Ma Pa Alaskan Treasures Purchase Request ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION FEBRUARY 10, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. March 7, 2011 (fdentif f if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Action Agendas of ,January 19 and February 2, 2011. b. Airport Manager's Report January 2011 c. January 2011 Enplanement d. FAA Alaska Aviation Fact Sheet e. Special Use Permit Buccaneer Alaska Operations, LLC ITEM 12: ADJOURNMENT -106- KENAI AIRPORT COMMISSION FEBRUARY 10, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: AGENDA APPROVAL J. Bielefeld, H. Knackstedt, L. Porter, E. Mayer, G. Feeken J. Ziru1, R. Rogers Airport Manager M. Bon.durant, Council Member R. Marquis Commissioner Mayer MOVED to approve the agenda as presented an.d Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 Commissioner Mayer MOVED to approve the meeting summary of January 13, 2011. and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion /Recommendation Ma Pa Alaskan Treasures Purchase Request Christine Cunningham, Assistant to City Manager Ms. Cunningham gave a brief history of the potential land sale. Rick Koch, City Manager Koch stated Administration did not make the best effort to notify the lessee of the airport reserve boundary and requested a positive motion from the Commission to move forward with the sale. -107- Zirul ABSENT 1 Bielefeld EYES Knackstedt j YES Porter YES Mayer I YES Feeken 1 YES Rogers ABSENT Commissioner comments included: Believed the sale would not be detrimental to the future expansion of the airport. Recommended height restrictions including antennas and noise issues be included in the sales agreement. Recommended deed restrictions and aviation easements be included in the sales agreement. MOTION: Commissioner Porter MOVED to recommend the sale with the inclusion of Administration's suggestions. Commissioner Bielefeld SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendation 1 lth Annual Kenai Peninsula Air Fair Poster Airport Manager Bondurant introduced her new Administrative Assistant, Erica Shinn, to the Commission and stated they were working on the Kenai Peninsula Air Fair and reviewed the various poster designs included in the packet. Bondurant requested the Commission's input related to the poster design and general discussion followed. ITEM 7: REPORT 7 -a. Commission Chair Knackstedt reported on his appointment to the Planning and Zoning Commission; noted his pleasure on staying on the Airport Commission; and, reported on the Planning and Zoning Commission's review of Buccaneer Oil's Conditional Use Permit. 7 -b. Airport Manager Bondurant reported Requests for Proposals (RFP) for security guard services were due Friday, February 11, 2011; Invitations to Bid for car rental concessions were almost complete; and, two separate grants for Wildlife Hazard Assessment and Snow Removal Equipment had been submitted to the FAA. -108- AIRPORT COMMISSION MEETING FEBRUARY 10, 2011 PAGE 2 7 -c. City Council Liaison Council Member Marquis reviewed the January 19 and February 2, 2011 City Council Action Agendas which were included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. March 7, 2011 (Identif if you are requesting an excused absence.) Commissioner Mayer requested an excused absence for the March 7, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Action Agendas of January 19 and February 2, 2011. 11 -b. Airport Manager's Report January 2011 11 -c. January 2011 Enplanement 11 -d. FAA Alaska Aviation Fact Sheet 11 -e. Special Use Permit Buccaneer Alaska Operations, LLC ITEM 12: MOTION: ADJOURNMENT Commissioner Porter MOVED to adjourn and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:03 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -109- AIRPORT COMMISSION MEETING FEBRUARY 10, 2011 PAGE 3 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Kurt Rowers Phil Bryson 2. *APPROVAL OF MINUTES: a. *January 26, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 23, 2011 7:00 p.m. 6 to 7:00 p.m. Work Session Outdoor Wood Burning Boilers -110- PENDING APPROVAL *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 he removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 4. CONSIDERATION OF PLATS: a. PZ1I-05 Woodland Subdivision Christian Addition A resuhdivision of Lots 8 and 9, Block M, Woodland Subdivision Part 2. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. 7. NEW BUSINESS: a. PZI 1. -04 (PZ06 -27 amended) Transfer of Conditional lise Permit- Cabin Rental from Steve and Rick Voth, Captain Bligh's Beaver Creek Lodge, for the property known as Lot l,.Tames H. Cowan Estates (1010 Angler Drive), Kenai. Application submitted by Michael Joyce Nelson, 4441 East Birchwood Drive, Wasilla, Alaska, b. PZ11 -06 A Resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to change the setback requirements on properties within the airport perimeter fence and making technical corrections. Discussion. Set public hearing. c. 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. Discussion. Schedule work session. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Memo Code Enforcement Update b. Kenai River Center Project Applications Pacific Star Seafoods (Kenai River) 12. NEXT MEETING ATTENDANCE NOTIFICATION: March 9, 2011 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: ITEM 1: CITY OF KENAI PLANNING ZONING COMMISSION FEBRUARY 23, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners ab Staff /Council Liaison present: A quorum was present. S. Romain, J. Twait, H. Knackstedt, K. Koester T. Navarre, K. Rogers (excused), P. Bryson (excused) Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall 1 -b. Agenda Approval MOTION: Commissioner Romain MOVED to approve the agenda as presented and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Kurt Rogers Phil Bryson Approved by consent agenda. *A11 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. -112- Romain YES Navarre j ABSENT Twait YES Bryson EXCUSED Rogers EXCUSED Knackstedt YES Koester YES F ITEM 2: *APPROVAL OF MINUTES January 26, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -05 Woodland Subdivision Christian Addition A resubdivision of Lots 8 and 9, Block M, Woodland Subdivision Part 2. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ11 -05 and Commissioner Knackstedt SECONDED the motion.. Administrative Assistant Carver reviewed the staff report which wa packet and Chair Twait read the rules of public hearing. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commission comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: MOTION: PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW BUSINESS -113- eluded in the 7 -a. PZ11 -04 (PZ06 -27 amended( Transfer of Conditional Use Perunt- Cabin Rental from Steve and Rick Voth, Captain Bligh's Beaver Creek Lodge, for the property known as Lot l,James hi. Cowan Estates (1010 Angler Drive, Kenai. Application submitted by Michael Joyce Nelson, 4441 East Birchwood Drive, Wasilla, Alaska. Commissioner Remain MOVED to approve PZ11 -04 and Commissioner Knackstedt SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 23, 2011 PAGE 2 Romain YES Navarre ABSENT Twait YES Bryson EXCUSED Ro ere EXCUSED Knackstedt YES Koester 1YES I Carver reviewed the staff report which was included in the packet and noted, Administration recommended approval of the transfer of the conditional use pei unit. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commission comments. VOTE: MOTION PASSED UNANIMOUSLY. 7 -b. Discussion /Set Public Hearing PZ11 -06 A Resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to change the setback requirements on properties within the airport perimeter fence and making technical corrections. Carver noted a public hearing was scheduled for the March 9, 2011 meeting and the resolution would provide exceptions to side setbacks inside the fence line at the airport. Commissioner Knackstedt noted the Airport Commission unanimously approved a similar resolution at a recent meeting. 7 -e. Discussion /Schedule Work Session 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. Carver reported the City Council requested the ordinance return to the Planning and Zoning Commission for an additional work session. Commissioner Koester requested Animal Control officers attend the work session. A work session was scheduled for 6:00 p.m. on March 9, 2011. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reported. Council Member Marquis would be attending the March 9, 2011 meeting, reviewed the February 2 and PLANNING AND ZONING COMMISSION MEETING FEBRUARY 23, 2011 PAGE 3 -114- 16, 2011 Council meeting action agendas, and reviewed discussions held at the February 15, 2011 personal use fishery work session and the February 16, 2011 work session on the water sewer rate study. 9 -b. ITEM 1©• ITEM 11: ITEM 14: MOTION: Borough Planning No report. Administration No report. PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS 11 -a. Memo Code Enforcement Update 11 -b. Kenai River Center Project Applications Pacific Star Seafoods (Kenai River) ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. March 9, 2011 No commissioners requested an excused absence from the March 9, 2011 meeting. ITEM 13: COMMISSION COMMENTS QUESTIONS Romain Requested Administration review the Homer City Code for information on wood burning boilers. ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:26 p.m. Minutes prepared and submitted by: Corene Hall CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 23, 2011 RAGE 4 -115- ALAsKA 1 is L GUE� once ofilla ors 217 Second Street, Suite 200 Juneau, Alaska 99801 Tel (907) 586 -1325 Fax (907) 463 -5480 www.akml.org ALASKA MUNICIPAL LEAGUE 2011 FEDERAL PRIORITIES e PAYMENT IN LIEU OF TAXES (PILT): We support full funding of the PILT program, to the authorized levels of P.L. 103- 379 (over 300 million nationwide). SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT (SRS/ TIMBER RECEIPTS): We support the reauthorization and enhancement of the Secure Rural Schools program (PL 110 -343). Reauthorization should maintain coupling between payments to boroughs and active natural resource management; and the connection between sustainable natural resource management and the stability and well being of forest boroughs and communities. CLEAN WATER ACT: While supporting Clean Water Act provisions that protect wetland habitats and rivers and streams of Alaska, we do not support federal efforts to change the definition of the Clean Water Act from navigable waters to "waters of the United States," and also oppose federal efforts to further expand the authority and responsibilities of the federal agencies in regard to these waters. e ARCTIC ISSUES: We support ratification of the United Nation's Convention on the Law of the Sea. Until that ratification takes place, the US cannot participate in deliberations which affect the national security; environmental concerns relating to the use of the seas; and to economic development for Alaska's coastal communities. LAND USE DESIGNATIONS: We oppose decisions on land use designations that are not completely reviewed through the proper Congressional system already in place. ENERGY EFFICIENCY GRANTS: We support full funding of the Energy Efficiency and Conservation Block Grant (EECBG) Program to state and local governments. DENALI COMMISSION: We support reauthorization and appropriation of the Denali Commission to further construct and improve much needed infrastructure throughout the State, especially in rural areas. Member of the National League of Cities and the National Association of Counties -1 16- Ay 4: LEAGUE MUNICIPAL L. Col fence ref lvla AM 217 Second Street, Suite 200 Juneau, Alaska 99801 Tel (907) 586 -1325 Fax (907) 463 -5480 www.akml.org ALASKA MUNICIPAL LEAGUE 2011 STATEWIDE PRIORITIES REVENUE SHARING: We recommend the Governor include in his budget recommendation, a one -time COLA to Revenue Sharing, based on the cumulative Anchorage CPI for 2007 through 2010, with appropriation of said funds. UNFUNDED MANDATES: We believe that any state or federal legislation, or rule, that requires an implementation or operation cost, shall be fully funded by the implementing agency, This includes "optional" exemptions handed down to local governments that will diminish the local tax base. ENERGY: We believe the Legislature must aggressively facilitate affordable energy for all Alaskans through: 1, The support of oil and gas, as it remains the primary source of energy for most of Alaska; 2. The encouragement of connectivity between communities, as well as incentives for energy project funding; 3. An actual time certain process that selects and prioritizes projects; 4. Full funding of the PCE (Power Cost Equalization) Endowment fund through joint congressional and state appropriations; PERS: We support a sustainable salary base to pay off the PERS unfunded obligations. AS 39.35.625, and any other similar statutes or regulations that require termination studies, should be repealed. Simply following AS 39.35.255(a)(2), amended with inflation adjustment language, will provide a more efficient, cost effective and equitable method of ensuring that the required PERS salary base is maintained. TRANSPORTATION: We believe the Legislature should implement: 1. The dedication of funds for the Alaska Transportation Infrastructure Fund; 2. A matching grant component for acquiring federal funds and to help local governments to develop otherwise financially difficult projects; 3. A local government seat at the table during allocation considerations of the Transportation Infrastructure Fund. Member of the National League of Cities and the National Association of Counties -1 17- Carol Freas From: Hal Smalley [hvsmalley @yahoo.com] Sent: Wednesday, March 02, 2011 11:39 AM To: Hal Smalley; Carol Freas Subject: Assembly Report 3 -1 -11 Assembly Report for March 1. 2011 The KPB assembly met yesterday at noon for a discussion with Craig Chapman Borough Finance Director) and Mayor Carey to discuss preliminary budget issues and concerns. Other items of discussion include potential budget impacts with closure of Conoco Phillips LNG facility to include impacts on Service Area Funding; discussion of the property tax exemptions and their impacts on the revenue portion of the budget; impacts and implications of KPB federal grants and the ARRA funding and fiscal impacts discussion of options to consider with regards to the Homer Solid Waste site closure and change to a transfer site over then next couple of years; discussion of other budgetary concerns for consideration such as an ordinance to rescind the non prepared food sales tax exemptions lost revenue 2010 -11 at $2.85 million offering a bond package to partially fund the Horner Solid waste site facility changes, looking at a mill rate increase, use of Land Trust funds to assist in financing the new solid waste transfer facility in Homer, Using equipment replacement funds to purchase equipment for the transfer site in Homer, reducing non departmental funds from previous years funding levels, and using fund balance to balance overall budget. One comment made by Mayor Carey was that two weeks ago he notified KPC Director Gary Turner that his budget will include the funding level as spelled out by Ordinance /public of 1 /10 of a MIL or $637,000. The second hearing was with the Assembly, Mayor and administration, the Kenai Peninsula borough school district and the KPB School Board. Dave Jones finance director for the school district) gave a brief review of the school district's early budget reviews and funding needs. For the past two years the KPB Assembly has not "funded to the cap" the school district. As a result, the district has had to use a portion of their fund balance to complete their budget expenditures. The CAP this year is $46,146,795. Due to budget constraints at the KPB level, the school district did not ask for funding to the CAP, but made a request for early consideration as a floor, $43,251,135 with early notification to enable the district to begin the hiring for next year ensuring program continuation and curriculum continuity avoiding the issue of pink slipping non tenured staff. They also requested consideration for additional funds for consideration as the budget process continues and availability of funds are located. If the funding level remains at the "floor" level, for all programs to remain at a constant, the district will have to dip into its fund balance. The level of use could jeopardize the school districts ability to use these funds in future years budget cycles. The Assembly began its five committee meetings of agenda items. I will hold my comments until 1 report on the actual Assembly meeting and action agenda. During the Legislative Committee meeting we participated in a teleconference with a portion of our legislative delegation in Juneau. Questions and conversations centered around our legislative priorities and what action has taken place concerning these requests, tracking of legislation introduced and assigned to legislative committees that impact the borough and cities within the borough, funding solutions between the Senate /House/ governor's office. A brief discussion was held by our delegation as to activity of Oil /Gas tax legislative considerations and impacts on the State budget, etc. The Committee as a Whole met in executive session to review the Borough Clerk's annual performance evaluation. The Assembly meeting began at 7:OOPM. The following Ordinances /Resolutions have some impact on the City of Kenai /Borough as a whole: A. Ordinance 2010 -19 -35 substitute appropriates supplemental funding to pay for additional costs incurred by the borough health care plan due to mandated changes in the Affordable Care Act. This covered to additional costs to provide health care coverage for the additional 35 members up to age 26. The difference between the original ordinance and the Substitute was the deletion of the time employee new hire suggested was needed to perform the work associated with these new enrollees. The interim General Services Director concurred that the work load could be completed with existing staff. Future consideration may be given to funding this position once a permanent GS director is in place. B. Resolutions 2011 -016 and 2011 -017 authorizing acquisition of certain properties within the flood plane in the Old Mill Subdivision /Lost Creek area as a volunteer buyout. This primarily is a federally funded buyout program under FEMA 75% federal funding, 12.5 State funding, 12.5% Borough funding FEMA strongly encouraged the borough to participate in this program as future considerations of FEMA funding could be at risk. The Borough has the potential of tens of millions of dollars in future projects involving FEMA funding. Much discussion took place as to whether we should be a participant and the implications /precedence is sets for future buyout proposals. Both resolutions passed by a vote of 5 -3. C. Resolution 2011 -018 determining the minimum amount provided for local sources for school purposes during fiscal year 2012 was pulled from the consent agenda, discussed and passed by unanimous consent. This sets the "floor" funding level to the school district of $43, 251,135. This early notification allows the district to make most all re- hiring decisions and programmal retention decisions early in the budget process. This level of "floor" funding is equal to the actual funding level last fiscal year. Thus concluded the Assembly meeting. Should there be questions on this report or from the attached action agenda, please do not hesitate to contact me. The Assembly members will be traveling to Washington DC beginning Friday, March 4th through March 10 for NACo and WIR (Western Interstate Region AML and Borough Legislative conferences. Hal Smalley Hm: 907- 283 -7469 Cell: 907 953 -1222 E -mail: hvsmalley ©yahoo.com 2 Kenai Peninsula Borough March 1, 2011 7:00 PM Gary Knopp Assembly President Seat 1 Kallfornskh Term Expires 2012 Charlie Pierce Assembly Vice President Seat 5- Sterling /Funny River Terre Expires 2011 Mako Haggerty Assembly Member Seal 9 South Peninsula Term Expires 2012 Brent Johnson Assembly Member Seat 7 Central Term Expires 2013 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Linda Murphy Assembhr Member Seat 4 Soldotna Term Expires 2013 Hal Smalley Assembly Member Seat 2 Kenai Term Expires 2011 Bill Smith Assembly Member Seat 8 Hamer Term Expires 2011 Ray Tauriainen Assembly Member Seat 3 Nikiski Term Expires 2013 A. B. C. D. E. F. G. H. I. J. K. Assembly Action Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS Regular Meeting Borough Assembly Chambers, Soldotna, Alaska APPROVAL OF AGENDA AND CONSENT AGENDA (All items fisted with an asterisk are considered to be routine and non controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES 1. February 15, 2011 Regular Assembly Meeting Minutes COMMENDLNG RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Kenai Peninsula Borough School District Quarterly Report (10 minutes) 2. South Peninsula Hospital Quarterly Report (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 1. Assembly Requests /Responses None. 2. Agreements and Contracts a. Authorization to Award Contract for Port Graham School Direct Digital Control System to Alaska Integrated Services March I, 201 t Page 1 of 5 3. Other b. Authorization to Award Contract for Purchasing Roll -off Containers to Bob's Services a. Maintenance Weekly Report from Dave Tressler, Maintenance Director Road hnprovements Over the Past Two Years Report Compiled by Doug Schoessler, Roads Director c. Upcoming Acquisitions Under the Emergency Watershed Protection Program Old Mill Subdivision /Lost Creek Voluntary Buyout Project L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None. M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. AMENDED BY SUBSTITUTE Ordinance 2010- 19 -35: Appropriating Supplemental Funding to Cover Estimated Cost to be incurred to the Borough's Health Care Plan Due to Changes Mandated by the Patient Protection and Affordable Care Act and Creating a New One -half Time Position to Assist with Administering the Health Insurance Program (Mayor) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] ENACTED Ordinance 2010 -19 -35 (Murphy) Substitute: Appropriating Supplemental Funding to Cover Estimated Cost to be Incurred to the Borough's Health Care Plan Due to Changes Mandated by the Patient Protection an Affordable Care Act (Murphy) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] 2. ENACTED Ordinance 2010- 19 -36: Accepting and Appropriating $36,272 from the U.S. Department of Interior for the Recreation Area Sanitation Program Under the Coastal Impact Assistance Program (Mayor) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] 3. ENACTED AS AMENDED Ordinance 201.0- 19 -37: Accepting and Appropriating $99,272 from the U.S. Department of Interior for the Kenai River Near Bank Turbidity Study Under the Coastal Impact Assistance Program (Mayor) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] 4. ENACTED AS AMENDED Ordinance 2011 -02: Extending the Sunset Provision of Ordinance 2009 -09 (Substitute) and Ordinance 2010 -17 Regulating Flood Hazard Areas in the Seward -Bear Creek Flood Service Area (Mayor, McClure) (Referred to Policies and Procedures Committee) [8 Yes, 0 No, 1 Absent] March 1, 2011 Page 2 of 5 N. UNFINISHED BUSINESS None. O. NEW BUSINESS 1. Resolutions a. WITHDRAWN BY SPONSOR Resolution 2011 -013: Endorsing the Concept of Providing a Fiscal Year 2012 Funding Level to the Kenai Peninsula Borough School District Equal to the Sales Tax Revenues Received in FY2011 Plus Revenues from a Property Tax Rate Not to Exceed a Rate that Would Generate the Previous Year's Supplemental Funding Level But Not Exceed the Cap (Smalley) (Referred to Finance Committee) Resolution 2011 -014: Supporting the City ofSeward's State Funding Request to Establish the Home Port of the Coastal Villages Region Funds Fishing Fleet in Seward, Alaska McClure (Referred to Policies and Procedures Committee) Resolution 2011 -015: Authorizing Expenditure from the Beluga Whale Recovery Grant for the Purpose of Contracting with Experts to Assist in Evaluating Research Proposals (Mayor) (Referred to Finance Committee) d. ADOPTED AS AMENDED Resolution 2011 -016: Authorizing the Acquisition of Certain Real Property Described as Lot 2 Block 2 Old Mill Subdivision from Fred and Jane Marolf for Fair Market Value Under the Emergency Watershed Protection Program's Old Mill Subdivision/Lost Creek Voluntary Buyout Project (Mayor) (Referred to Lands Committee) [5 Yes, 3 No, 1 Absent] e. ADOPTED AS AMENDED Resolution 2011-017: Authorizing the Acquisition of Certain Real Property Described as Lot 1 Block 2 Old Mill Subdivision From Crowley Williamson Living Trust for Fair Market Value Under the Emergency Watershed Protection Program's Old Mill Subdivision/Lost Creek Voluntary Buyout Project (Mayor) (Referred to Lands Committee) [5 Yes, 3 No, 1 Absent] ADOPTED Resolution 2011 -018: Determining the Minimum Amount to be Provided from Local Sources For School Purposes During Fiscal Year 2012 (Smith, Mayor) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] March 1, 2011 Page 3 of 5 Q. 3. Other Resolution 2011 -019: Urging the North Pacific Fisheries Management Council to Adopt Measures that Reduce the Chinook Salmon Prohibited Species Catch in the Gulf of Alaska Commercial Trawl Fisheries (Haggerty) (Referred to Legislative Committee) LAYDOWN *h. Resolution 2011-020: Recommending Pavement Rehabilitation for North Cohoe Loop Milepost 11 Through 16.5 and Paving Rehabilitation and Signalization for Kalifornsky Beach Road Milepost 16 Through 22.2 as Part of the 2011 State Transportation Improvement Program(Knopp) (Referred to Legislative Committee) LA YDOWN 2, Ordinances Ordinance 2011 -03: Amending KPB 5.18.200 to Repeal the Seasonal Exemption from Sales Taxes of Non Prepared Food Items (Mayor) (Hearing on 04/05/11) (Referred to Policies and Procedures Committee) Ordinance 2011 -04: Confirming the Assessment Roll for the Ashton Park Bnm3low Park Road Improvement Assessment District (Mayor) (Hearing on 04/05/11) (Referred to Finance Committee) Ordinance 2011 -05: Adopting Envision Soldotna 2030 as the Official Comprehensive Plan for that Portion of the Borough within the Boundaries of the City of Soldotna (Mayor) (Hearing on 04/05/11) (Referred to Policies and Procedures Committee) *a. Request for Formal Assembly Objection to the Continuance of the Following Liquor License Due to Unpaid Taxes (Referred to Finance Committee) Business Name License Location Tustumena Lodge Kasilof, Alaska PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. April 5, 2011 Regular Assembly Meeting 7:00 PM Soldotna March 1, 2011 Page 4 or R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This it em lists tegislation which will be addressed at a later date as noted.) Ordinance 2010- 19 -38: Accepting and Appropriating 565,834 from the U.S. Department of Interior for the Beluga Slough Trail Reconstruction Program Under the Coastal Impact Assistance Program (Mayor) (Hearing on 04/05/11) (Referred to Finance Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on April 5, 2011, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KOLL -FM 91.9 (Central Peninsula), KBBZ -AM 890 (South Peninsula), K201A0 -FM 88.1(East Peninsula), Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1- 800- 478 -4441, Ext, 2160, Visit ourwebsite atwww. borough. kcnat ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. March 1, 2011 Page 5 of 5 Testimony to the Board of Fish February 20, 2011 Good Afternoon, my name is Rick Koch, I represent, and am the City Manager for the City of Kenai. The City of Kenai occupies a unique position, in that four distinctly different fisheries take place within the City's corporate boundaries. There are subsistence fisheries, commercial fisheries and processing facilities, sport fisheries and the State's largest personal use fishery. 'Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us Recognizing the importance of all of these fisheries to the City of Kenai, its citizens, and to all Alaskans, the City Council of the City of Kenai, on February 2, 2001, passed a resolution that they directed me to have read into the record at this meeting: -119- 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 th.e 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, -120- 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 in-eversible damage to our local economy; and, WHEREAS, the Alaska Department of Fish 8 Game, 2011 Upper Cook Inlet Sockeye Salmon Forecast indicates a commercial, sport, and personal use salmon harvest of 4.4 to 4.8 million salmon in Coolc 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 I: 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 all Cook Inlet and Kenai Peninsul tI harvesters and City of Kenai fish processors and other businesses 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 Chenault, and Representative Kurt Olson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. -121- car Ace) PAT POR sR, MAYOR The City of Kenai owns the tidelands on which the personal use fishery is conducted, the tidelands on which commercial set -net operations are conducted, the tidelands on which subsistence fisheries are conducted, and the lands under the Kenai River from its mouth to approximately river -mile 6 on which sport fisheries are conducted. Our Community has significant "skin in the game We are impacted by, and receive benefits from, each of the fisheries that are conducted on our properties and within our corporate boundaries. The City Council, administration, and the citizens of Kenai are appreciative of the difficult decisions which are considered each year by the Board of Fish. We are also appreciative and grateful for the dedication and expertise of the many professional and technical managers and employees within the Alaska Department of Fish Game. In closing, the City of Kenai respectfully requests that your decisions be guided by sound fisheries management practices to enhance opportunities for all Cook Inlet and Kenai River salmon harvesters. Thank you. -122- INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 2, 2011 1. 3/2/2011 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. Kenai Peninsula College Resolution 2010- 2011_03, Opposition of Kenai Peninsula Borough Budget Cuts. 4. 2/23/2011 Department of natural Resources letter acknowledging receipt of the City of Kenai s 2009 and 2010 Certified Local Government Annual Reports. -124- cn 0 0 0 0 a co o 0 0 o o t o N 0) f4 t"} r W N N r cc w J 0 Z 0 0 IX 0 LL 0 0 0 0 '0 0 Z 0 0 r J v 0 c> f N 0 I CO 0 N w a 0 Q CC Z O Z CC O w 2 Eli E 0 Q J 0 2 U Z )z p N C n 0 0 z G 0 co F.-- N 0 O Q U w Y 2 DC cc CC a Q a a a w cc -125- SPONSORED Shauna L. Thornton, President KRC Student Union; James Parar, Vice BY: President KRC Student Union; Katherine A. Cox, Communications Offices, KRC Student Union; Rachel Simons, Commerce Officer, KRC Student Union; Remy Spring, Student Representative K.RC Student Union; and Linda Berryman Student Representative KRC Student Union; Teresa Cross, Student Representative, KRC Student Union WRITTEN BY Resolution 2010 2011_03 Opposition of Kenai Peninsula Borough Budget Cuts DATE: February 16, 2011 Kenai. Peninsula. Colle ty UN I`, ERSITY 6f A.LASKA ANCHORAGE, KRC Student. Union 156 College Rd. Soldotna, AK 99669 igsgov@uaa.alaska.edu (907) 2630339 Katherine A. Cox, Communications Officer, KRC Student Union WHEREAS: The Mayor of the Kenai Peninsula Borough has proposed suspending all funding to Kenai Peninsula College; WHEREAS: The Kenai Peninsula Borough Assembly will begin budget work sessions in March 2011; WHEREAS: The Kenai River Campus Student Union of Kenai Peninsula College should oppose this proposed suspension of funds from the Kenai Peninsula Borough to Kenai Peninsula College; and THEREFORE BE IT HEREBY RESOLVED That the Kenai River Campus Student Union of Kenai Peninsula College, University of Alaska Anchorage officially opposes any and all suspension of funds from the Kenai Peninsula Borough to Kenai Peninsula College, its various campuses, its departments and/or programs. THEREFORE BE IT HEREBY FURTHER RESOLVED That a copy of this legislation be forwarded to Borough Mayor Dave Carey; Borough Assembly President Gary Knopp; Borough Assembly Vice President Charlie Pierce; Borough Assembly Members Hal Smalley, Ray, Tauriainen, Linda Murphy, Sue McClure, Brent Johnson, Bill Smith, Mako Haggerty; Soldotna Mayor Peter Miceiche; Soldotna Vice Mayor J. Shea Hutchings; Soldotna City Council Members Nets Anderson, Brenda Hartman, Dale Bagley, Regina Daniels, and Kyle Fisher; Kenai Mayor Pat Porter; Kenai City Council Members Mike Boyle, Robert Molloy, Joe Moore, Ryan Marquis, Terry Bookey, Brian G. Gabriel, Sr.; Student Representative to Kenai City Council Hannah Coffman; University of -126- Alaska President Pat Gamble; University of Alaska Board of Regents Chair Cynthia Henry; University of Alaska Anchorage Chancellor Fran Ulmer; Kenai ,Peninsula Coli.ege.Director Gary Turner; University of Alaska Anchorage Vice Chancellor for Student Affairs Bruce Schultz; University of Alaska Anchorage Dean of Students Dewain Lee: University of Alaska Executive Officer of System Governance Patricia Tvey; University of Alaska Speaker of the Coalition of Student Leaders Peter Finn; University of Alaska Protean Speaker of the Coalition of Student Leaders Nicole Carvajall; Anchorage Daily News President and Publisher Patrick Doyle; Redoubt Reporter Editor and Publisher Jenny'Neyman; Peninsula Clarion Managing Editor Will Morrow; Peninsula Clarion Publisher Stan Pitio; Northern Light Executive Editor Josh Edge; KPC Connection Editorial Team (Kenai Peninsula College Director Gary Turner, Advancement Program Manager Susie Kendrick, Communications IS Professional Jesse Gtaves, Adjunct Journalism Instructor Clark Fair, and Editorial Assistant Mark Dudik); KDLL 91.9 AM Station Manager Alien Auxier; Radio Kenai President /CEO John C. Davis; Peninsula Communications, Inc. Station Manager David F. Becker; Peninsula Clarion Reporter Bridle Shaffer; and KSRM Reporter Merrill Sikorski. The KRC Student'Union has passed this legislation by a vote on This legislation required vote of the KRC, Student Union and has been through all of the KRC Student Union's legislative processes. This requires the President's signature of approval or disapproval seven days from its receipt. Approved Vetoed Shaun' Thornton, President KRC Student Union Date Tirane -127- February 23, 2011 DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY Re: 3350 -5 CLO Annual Report Marilyn Kebschull Planning Zoning Administration City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Marilyn: Sincerely, -128- f Joan M. Antonson Deputy State Historic Preservation Officer Cc: Mayor Pat Porter, City of Kenai, 210 Fidaigo Ave., Kenai, AK 99611 -7794 SEAN PARNELL, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX: (907) 269 -8908 RECEIVED FEB 2 5 2011 Ef Ai CITY CLERK j This is to acknowledge receipt of the City of Kenai's 2009 and 2010 Certified Local Goverment annual reports. This year and last, you submitted your report before I sent a reminder letter. Thank you! I discovered that I had not written to let you know I reviewed the 2009 report. 1 reviewed both reports and particularly wanted to thank you for updating the inventory information on the buildings moved to the museum site Jane G. Haigh has experience with historic preservation and museums, and 1 have enjoyed working with her over many years. I am delighted to learn she has agreed to advise the Planning Zoning Commission on matters related to history. The Office of History and Archaeology appreciates having a historic preservation partnership with the City of Kenai. El can assist you with your program, my e -mail is jc.anconson@alaska.gov and direct phone number is 907.269.8714. Thank you for all your good work! CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MARCH 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. Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. 2. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All America City Award Application and Authorizing the City Manager to Submit the 2011 All- America City Award Application on Behalf of the City of Kenai. 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. 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, ity Clerk Posted: March.3, 2011 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. 2. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by 5401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All America City Award Application and Authorizin.g the City Manager to Submit the 201.1 All- America City Award Application on Behalf of the City of Kenai. 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. 6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge #1942 /Club (License #2494) The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai. City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: February 25, 2011 NOTICE OF PUBLIC HEARING MARCH 2, 2011 CITY OF KENAI COUNCIL MEETING AGENDA KENAI CITY COUNCIL— REGULAR MEETING MARCH 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenat ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Skyview Mock Trial Team /State Champions Requesting Support/National Competition. 2. Michelle Martin, Kenai Watershed Forum "Protecting Salmon From Reed Canary Grass-- Onaoing" Project Funded Through Alaska Sustainable Salmon Fund. ITEM 0: 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. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule,' to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so That Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. 2, Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 Ali- America City Award Application and Authorizing the City Manager to Submit the 2011 All- America City Award Application on Behalf of the City of Kenai. 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. 6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge #1942/Club (License #2494) TEM F: UNFINISHED BUSINESS TEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Action /Approval Special Use Permit/Buccaneer Alaska Operations, LLC. 4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center. 5. Action /Approval Third Amendment to Facilities Management Agreement /Kenai Visitors and Cultural Center. 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. Frees, City Clerk D/211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece PLBI,ISHER'S AFFIDAVIT sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day following dates: February 28, 2011 3ED AND SWORN to me before day of March :LL 1 S S: being first duly in the issues on the NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 2011 AGENDA 'r KENAI CITY COUNCIL REG MARCH 2, 2011 7:00 CITY COUNCIL CHAMBER /www.cLkenai ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Pub/ limited to 10 minutes perspeaker) 1. Skyview Mock Trial Team /State Champions Re Support/National Competition 2 Michelle Martin, Kenai Watershed Forum "Protecting Salmon From Reed Canary Grass Ongoing Project Funded Through Alaska Sustaina S almon Fund ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time ovento another speaker presen however no single speaker present may speak for more than 30 minutes combined on their own and on ethers' behalf) 1. Ord No 2538-2011 Amending the Kenai M unicipal Code Chapter 4,32, "Residential Codes," Section 4 -32 030, "Fee Schedule': to Delete References to Specific Fees for Construction or R-3 and U -1' Occupancies so That Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance No, 2539.2011 Increasing Estimated Revenues an Appropriations by $300,000 in the General Fund and by $401,500 in the Library improvements Capita) Project Fund to Provide Additional Funding for Completion of the Library Expansion Project Resolution No. 2011 -21 In Support of the City of Kenai`s 2011 Alp: America City Award Application and Authorizing the City Manager to Submit the 2011 Ail- America City Award Application on Behalf of the City of Kenai. Resolution No. 2011 -22 Adding Priority Number Eleve of Kenai Capital improvements Plan Priority List for State. Funding Requests for the Fiscal Year 2012. Resolution No. 201143 Awarding a Professional Services Contract. for Airport Security` Guard Services at the Kenai Municipal Airport to Guardian Security Services. Inc for the Period'. March 3, 2011 Through February 28, 2014. i 6 *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, odge #1942/Club (License #2494) ITEM F: s. UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 3, Action /Approval Special Use Permit/ LLC 8 4 Action/Approval Second Amendment North America Exploration and Product'^ Training Center. 5 Action /Approval Third Amendment to Facilitie Agreement/Kenai Visitors and Cultural Center. 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 Nwwwei:kenai ak.us:. Carol I Fleas City Clerk