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HomeMy WebLinkAbout2011-04-20 Council PacketMAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION Mayor /Council (5) (Porter, Boyle, Bookey, Gabriel, Moore) Clerk (2) Library (1) Attorney (1) City Manager (1) v Finance (1) Student Rep. (1) Hall Binder (1) Fire (1) Clarion (1) KSRM (1) Mellish (1) Schmidt (1) ELECTRONIC COPY NOTICE Send out notice to "All" with link to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish Schmidt's Office will pick their packet up in the Clerk's Office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (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. REPLACE PAGES: ADD TO: None. APRIL 20, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET E -1, April 6, 2011 Council Meeting Minutes Replace Page 1 with corrected Page 1. H -7(e), Report of Assembly, Legislators Councils Assembly Member Smalley report of April 19, 2011 Borough Assembly Meeting CONSENT AGENDA REQUESTED BY: CITY CLERK CITY CLERK ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 20, 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 more than 30 minutes combined on their own and on others' behalf.) *A11 items listed with an asterisk are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a coun.cil member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and. Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase 1 2. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment 3. Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Interne to the City's Water Distribution System 4. Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by $407,374 in the Water 86 Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well 2 8 10 5. Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by S175,000 in the Bridge Access Water Sewer Capital Project Fund, S93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well 6. Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System 7. Resolution No. 2011 -29 Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills 8. Resolution No. 2011 -30 Awarding a Contract to G S Construction, Inc. for the Project Entitled, "Kenai Water Treatment Facility 2011," for the Total Amount of $3,870,000.00 9. Resolution No. 2011 -31 Awarding a Contract to Think Office LLC for the Project Entitled, "Kenai Library Public Space Furniture 2011," for the Total Amount of $176,762.86 ITEM E: MINUTES 1. 'Regular Meeting of April 6, 2011 25 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2553 -2011 Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose 4. Action /Approval Kenai Municipal Airport Terminal Lease to Kathy Chircop, d /b /a Alaska Realty Group /88 Square Feet of Office Space, First Floor, Airport Terminal 13 16 18 20 22 51 54 5. Discussion Schedule Evaluations of City Manager, City Attorney and City Clerk 71 6. Discussion Scheduling of Additional Budget Work Session 71 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 76 3. Harbor Commission 82 4. Library Commission 5. Parks Recreation Commission 86 6. Planning Zoning Commission 91 7. Miscellaneous Commissions and Committees a. Beautification Committee 98 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 103 2. City Attorney 3. City Clerk 133 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. 2546 2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural. Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR- 1. Zone. (Clerk's Note: Ordinance No. 2546-2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider.) ITEM M: ADJOURNMENT *****h J.'*** t+.'******** k ki•:{.•A••*** *'k iF* **A****. k k*** INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 20, 2011 2. Budget Transfer in Capital Projects in Excess of 3. 4. 5. 5,000 Page No. 1. 4/20/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 137 PZ Resolutions, First Quarter 2011 138 4/7/2011 M. Kebschull memorandum entitled, Comprehensive Plan Update 139 4/1/2011, City of Kenai Building Permits, First Quarter 2011 140 CITY OF KENAI ORDINANCE NO. 2547 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, PHASE 1. WHEREAS, the Airport owns a 1994 966 Cat Loader and 1993 Cat Grader that are due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations with dependable equipment; and WHEREAS, grant funds are available and the City has been awarded a grant totaling $892,624 comprised of 95% FAA $847,993, 2.5% State of Alaska $22,315 and requiring a 2.5% local share of $22,316; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations Transfer to Airport Equipment Capital Project Fund 22,316 Airport Equipment Capital_ Project Fund Increase Estimated Revenues: Federal Grant Revenue Transfer from Airport Special Revenue Fund State Grant Revenue Increase Appropriations Administration 17,502 Machinery Equipment 875,122 $89 624 Text Underlined (DELETED TEXT BRACKETED) 22,316 $847,993 22,316 22,315 $892.624 Ordinance No. 2547 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: f. PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 Memo 1 Cc: Terry Eubank Finance Director Kevin Lyon Acting Public Works Director "Se wthei rratr Kann& T e infraiar 305 N. WILLOW ST. SURE 200 KENAI, ALASKA 99611 TELEPHONE 907- 2937951 FAX 907,2833737 www.kenaiairport.com. -4- To: Rick R. Koch City Manager From: Mary Bondurant Airport Managei Date: March 22, 2011 Subject: FAA Grant Offer— "Snow Removal Equipment (SRE)" The FY11 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for $892,624 was submitted to the FAA on January 31, 2011 for a new grader and loader. The City has now received the FAA's grant offer for $847,993 (95 The Airport and State of Alaska are each responsible for 2.5% of this project or $22,316 and $22,315 respectively. Purchase of a new grader and loader will only improve the Airport's capability to tackle snow and ice conditions with dependable equipment and ensure safe operations. the ci al KENAI. ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND TO CONDUCT A WILDLIFE HAZARD ASSESSMENT. WHEREAS, FAA regulations require that a wildlife hazard assessment be conducted a the Airport with the goal being to minimize wildlife hazards; and WHEREAS, the Airport last completed a wildlife hazard assessment in 2001; and, WHEREAS, the FAA and the USDA are recommending the Airport conduct a 12 month assessment to provide an overall picture of the present and future wildlife hazards and upgrade to the existing Wildlife Hazard Program with the goal being to minimize wildlife hazards at the Airport; and, WHEREAS, grant funds are available and the City has been awarded a grant totaling $124,249 comprised of 95% FAA $118,037, 2.5% State of Alaska $3,106 and requiring a 2.5% local share of $3,106; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Estimated Appropriations: Transfer to Capital Projects 3,106 Airport Improvements Capital Project Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund Increase Appropriations Administration Professional Services CITY OF KENAI ORDINANCE NO. 2548 -2011 New Text Underlined [DELETED TEXT BRACKETED -5- Suggested by: Administration 3,106 $118,037 3,106 3,106 $124 249 11,295 112 954 $124,249 Ordinance No. 2548 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011 ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED) Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 Memo To; Rick R. Koch City Manager From: Mary Bondurant Airport Manager Date: March 22. 2011 Cc: Terry Eubank Finance Director Kevin Lyon Acting Public Works Director "Sevvi the/GrecaterK.enai/ Perib/mula 305 N. WILLOW Sr. SATE 200 KENAI, Al ""KA 99611 TELEPHONE 907.287 -7951 FAX 907 7833737 www. kenaiairport.com. -7- Subject: FAA Grant Offer— "Conduct a Wildlife Assessment" As a holder of a Part 139 Operating Certificate, issued under Title 14, Code of Federal Regulations, and a receiver of Federal grants, the Kenai Airport must use the standards and practices of AC 150/5200 -33B to manage wildlife /wildlife attractants on or near the Kenai Airport. During the January 2010 and 2011 certification inspections. FAA inspectors observed moose and other wildlife inside the airport fence. Due to this observation, the airport received a Letter of Correction recommending a full 12 month wildlife assessment and update to the Wildlife Management Plan. Airport and Fish and Game staff were unsuccessful numerous times in attempts to push moose off the airport; dense vegetation and tree cover make the airport property very attractive to wildlife. In 2001, a USDA wildlife biologist conducted a "mini" assessment ($7,000) in conjunction with the Homer Airport; meaning that the wildlife biologist was at the Kenai Airport only 1 -2 days a month with most of the expense absorbed by the Homer Airport. Due to the Letter of Correction and the potential threat to aviation safety, a grant application was submitted to the FAA for $124,249. The City has now received the FAA's grant offer for 5118,037 (95 to conduct a full assessment. The Airport and State of Alaska are each responsible for 2.5% of this project or $3,106. This project will assess and provide guidance to address the potentially hazardous wildlife /wildlife attractants on the Kenai Airport and bring the airport into compliance with the wildlife hazard management requirements of Part 139. tlwmy of KENA� SKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $945,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY, DRILLING OF A NEW WATER PRODUCTION WELL, AND COMPLETION OF THE INTERTIE TO THE CITY'S WATER DISTRIBUTION SYSTEM. WHEREAS, the City has received a $945,000 Municipal Matching Grant from the State of Alaska for construction of a new water treatment facility, drilling of a new production well, and connecting the new facility to the City's water distribution system. The grant requires a 30% match ($405,000) that will he provided by a $288,000 State and Tribal Assistance Grant (STAG) from the United States Environmental Protection Agency and $117,000 in Water and Sewer funds; and, WHEREAS, the Wellhouse 4 Capital Project Fund has sufficient funds appropriated by prior Council action to satisfy the $117,000 local matching requirement; and, WHEREAS, construction of the treatment facility, increasing the reliable supply of water with a new production well, and intertie with the City's water distribution system is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY TI-IE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Wellhouse 4 Capital Project Fund Increase Estimated Revenues: State Grant Increase Appropriations: Construction $945,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2549 -2011 CITY OF KENAI Suggested by: Administration PAT PORTER, MAYOR $945,000 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 the city or KEHA ALASKA Village with a Past, Ga with a Future' 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: March 31, 2011 SUBJECT: Ordinances 2549 -2011, 2550 -2011, and 2551 -2011 MEMO A DUM In 2009 the City of Kenai received a $945,000 appropriation for New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070.100 for "New Water Transmission Mains (phase II), Wellhouse"; and one of $627,000 for "Water Treatment Plant Upgrades Phase III Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. AM three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. KENALALA SKR Water Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance Well House 4 Capital Project Fund Increase Estimated Revenues: State Grant Transfer from Other Funds CITY OF KENAI ORDINANCE NO. 2550 -2011 New Text Underlined• [DELETED TEXT BRACKETED] -10- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $407,374 IN THE WATER SEWER SPECIAL REVENUE FUND AND BY $2,477,374 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY AND DRILLING OF A NEW WATER PRODUCTION WELL. WHEREAS, the City has received a $2,070,000 Municipal Matching Grant from the State of Alaska for construction of a new water treatment facility and drilling of a new production well. The grant requires a 30% match ($887,143) that will be provided by Water and Sewer funds; and, WHEREAS, the Wellhouse 4 Capital Project Fund has $479,769 appropriated by prior Council action to apply to the local match requirement with the remaining $407,374 being transferred from the Water and Sewer Special Revenue Fund; and, WHEREAS, sufficient funds, $407,374, exist in the Water Sewer and were identified in the City's recent Utility Rate Study as available for construction projects; and, WHEREAS, construction of the treatment facility and increasing the reliable supply of water with a new production well is in the best interest of the utility's rate payers and the citizens of Kenai, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $407,374 Increase Expenditures: Transfer to Well House 4 Capital Project Fund $407,374 2,070,000 407,374 Increase Appropriations: Construction $2,477,374 Ordinance No. 2550 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined DELETED TEXT BRACKETED[ Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 he a y of KEFiAL ALASKA Tillage with a Past, CI with a Fatare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO \DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 31, 2011 SUBJECT: Ordinances 2549 -2011, 2550 -2011, and 2551 -2011 In 2009 the City of Kenai received a $945,000 appropriation for New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070.100 for "New Water Transmission Mains (phase II), Wellhouse and one of $627,000 for "Water Treatment Plant Upgrades Phase III Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. All three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. -12- uem.,em IIIt 1957 fhc c4 of KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2551 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $175,000 IN THE BRIDGE ACCESS WATER SEWER CAPITAL PROJECT FUND, $93,714 IN THE WATER SEWER SPECIAL REVENUE FUND, AND BY $895,714 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE CONSTRUCTION OF A WATER TREATMENT FACILITY AND DRILLING OF A NEW WATER PRODUCTION WELL. WHEREAS, the City has received a $627,000 Municipal Matching Grant from the State of Alaska for construction of a new water treatment facility and drilling of a new production well, The grant requires a 30% match ($268,714) that will be provided by Water and Sewer funds; and, WHEREAS, the Bridge Access Water Sewer Capital Project Fund was fronted $175,000 from the Water Sewer Special Revenue Fund for project start -up; and, WHEREAS, the Bridge Access Water Sewer Capital Project is near completion and the fronted $175,000 is no longer needed and is available for other projects; and, WHEREAS, sufficient funds, S93,714, exist in the Water Sewer and were identified in the City's recent Utility Rate Study as available for construction projects; and, WHEREAS, construction of the treatment facility and increasing the reliable supply of water with a new production well is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Bridge Access Water Sewer Capital Project Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Expenditures: Transfer to Well House 4 Capital Project Fund $175,000 New Text Underlined' [DELETED TEXT BRACKETED; -13- $175,000 Ordinance No. 2551 -2011 Page 2 of 2 Water Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance ATTEST: Increase Expenditures: Transfer to Wellhouse 4 Capital Project Fund Wellhouse 4 Capital Project Fund Increase Estimated Revenues: State Grant Transfer from Other Funds Increase Appropriations: Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of Ap 2011. Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED -14- $93,714 93,714 $627,000 268,714 $895,714 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 the n tof RENAL Village with a Past, Gc with a Futare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO'' \DI;M TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 31, 2011 SUBJECT: Ordinances 2549 2011, 2550 2011, and 2551 2011 In 2009 the City of Kenai received a $945,000 appropriation for "New Water Transmission Mains (Phase II), Wellhouse" through the Department of Environmental Conservation Municipal Matching Grant Program. In 2010 the City of Kenai also received two more appropriations one of $2,070.100 for "New Water Transmission Mains (phase II), Wellhouse and one of $627,000 for "Water Treatment Plant Upgrades Phase III Both appropriations are through the Department of Environmental Conservation Municipal Matching Grant Program. All three of these grants have a 30% match requirement. Funds are available in the Water and Sewer fund to provide the required match. These grants will be used to fund construction of the new water treatment facility scheduled for construction to begin in May 2011. -15- IXLrtNGret '1 IIL' 1992 Mccity of KEIdAALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $288,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) STATE AND TRIBAL ASSISTANCE GRANT (STAG) RECEIVED TO COMPLETE THE INTERTIE BETWEEN THE SOON -TO -BE CONSTRUCTED WATER TREATMENT FACILITY AND THE CITY'S WATER TRANSMISSION SYSTEM. WHEREAS, the City has received a $288,000 STAG from the EPA to complete construction on the intertie between the City's recently installed redundant water main on Lawton Drive to the site of the future water treatment facility and well 4 of the City's water system; and, WHEREAS, the STAG can be used to satisfy matching requirements of the State's Municipal Matching Grant Program and will be combined with $650,000 of Municipal Matching Grant Funds and $174,587 of local funds for a total project budget of $1,112,587; and, WHEREAS, the local match and Municipal Matching Grant funds will be appropriated via separate ordinance; and, WHEREAS, construction of redundant water transmission main into the City's water distribution system is in the best interest of the utility's rate payers and the citizens of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Wellhouse 4 Capital Project Fund Increase Estimated Revenues: Federal Grant PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20 day of April, 2011. ATTEST: Increase Appropriations: Construction $288,000 Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2552 -2011 CITY OF KENAI -16- Suggested by: Administration PAT PORTER, MAYOR $288,000 Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 Me ci fr at KENA�ASKA Tillage with a Past, CI with a Future" TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: March 30, 2011 SUBJECT: Ordinance 2552- 2011 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMORANDUM In 2008 the City of Kenai received a $288,000 appropriation for "Water Treatment Project" through the Special Appropriations Act Projects (SAAP) identified in the STAG (State and Tribal Assistance Grants) account as administered by the EPA. This grant required a post notification, pre application process including a NEPA review. This process has been completed and all conditions have been met so the Grant is now available for use in the Lawton Drive Beaver Loop Water Main Extension Project 2011 that will complete the secondary loop of the water main and connect the new Water Treatment Facility. These funds are available to offset part of the City's portion of the Municipal Matching Grant Program. -17- 1992 PROPOSER PROPOSAL SCORE Associated Credit Agency 170.10 Professional Credit Service 248.40 ;and, ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2011 -29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA., AWARDING A CONTRACT TO PROFESSIONAL CREDIT SERVICE TO PERFORM COLLECTION SERVICES FOR THE CITY OF KENAI ON DELINQUENT AMBULANCE BILLS. WHEREAS, the request for proposal evaluation results of April 4, 2011 were: WHEREAS, the Professional Credit Service's proposal ranked the highest and award to this proposer would he in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Professional Credit Service to perform delinquent account collection services for the City for fees of 24% on accounts not requiring legal action and 35% on accounts requiring legal action. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council authorizes the City Manager to negotiate and enter into a contract with Professional Credit Services to perform collection on delinquent ambulance billing accounts of the City pursuant the City's Collection Policy adopted via Resolution 2011 -06. PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this 20th day of April, 2011, -18- Suggested by: Administration PAT PORTER, MAYOR ttie cit 0 7j KENAI, ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 13, 2011 Re: Resolution 2011 -29 Professional Credit Service Tillage with a Past, Gity with a Future FINANCE DEPARTMENT 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 Pursuant to Resolution 2011 -06 Ambulance Fee Collection Policy, the Finance Department solicited proposals from licensed collection agencies. On March 1, 2011, 117 postcards were mailed out advertising the Request for Proposals. These 117 agencies were listed on the State of Alaska's site as registered collection agencies. We received requests for the bid documents from 21 agencies. Bids were due March 28, 2011 and two bids were received and reviewed by three evaluators. Bid tallies are as follow: Associated Credit Agency 170.10 Total Points Professional Credit Service 248.40 Total Points PCS is located in Oregon and ranked higher on every criteria of the RFP. Criteria included Experience and Qualifications, Performance, Available Resources, Home Office Location, Methodology and Approach and Cost. It is the City Administration's recommendation to award the contract to Professional Credit Service to perform delinquent account collection services for the City for fees of 24"/0 on accounts not requiring legal action and 35% on accounts requiring legal action. These rates compare to 35% on non legal accounts and 40% on legal accounts of the second proposer. -19- BIDDER BASIC BID ADD ALT 1 I ADD ALT 2 TOTAL BID Peninsula Construction, inc $4,350,000.00 I $115,000.00; $71,000.00 $4,536,000.00 Blazy Construction, Inc $4,155,900,00 $123,000.00 j $54,500,00 $4,333,400.00 G S Construction $3,700,000.00 $110,000.00 $60,000.00 $3,870,000.00 Frawner Corporation $4, 030,000.00 81 $80,000.00 $4,225,000.00 Udelhoven Oilfield System Services, Inc. 84,375.000.00 $90,500.00 $144,000.00 $4,609,500,00 N. uYy of KEKAIIALASKA CITY OF KENAI RESOLUTION NO. 2011 -30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO G S CONSTRUCTION, INC. FOR THE PROJECT ENTITLED, "KENAI WATER TREATMENT FACILITY 2011," FOR THE TOTAL AMOUNT OF $3,870,000.00. WHEREAS, the following bids were received on April 13, 2011: Suggested by; Administration and, WHEREAS, the bid of G S Construction, Inc. is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation of City Administration is to award the contract to G S Construction, Inc. for the total bid cost of $3,870,000.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Kenai Water Treatment Facility 2011," is awarded to G S Construction, Inc. for the total amount of $3,870,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011, ATTEST: Carol L. Freas, City Cleric Approved. by Finance: Tent passage of Ordinances: 2549 -2011 2550 -2011 2551 -2011 -20- PAT PORTER, MAYOR the u KENAIT ALASKA Rick, "Village with a Past, C with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I I m, Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO NDUM -21- TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 14, 2011 SUBJECT: AWARD OF CONTRACT; Kenai Water Treatment Facility 2011 This project will construct the new water treatment facility including treatment and supply piping systems, storage reservoir, and the sewer main connection for back wash. The water treatment methodology was designed by HDL and will provide for the production of water with low color and with arsenic levels meeting the 2006 EPA water quality standards. On April 13, 2011 bids for this project were opened and 5 bids were received. These bids have been reviewed and it has been determined that G S Construction, Inc of Soldotna was the lowest responsive bidder. The bid documents were complete, responsive and sufficient funds are available with the passage of Ordinances 2549- 2011, 2550- 2011and 2551 -2011 to award the project. The attached is Resolution 2011 -30 recommending award of the contract to G S Construction, Inc. for the total bid cost of $3,870,000.00. 1992 e%ar KENAI ALASKA CITY OF KENAI RESOLUTION NO. 2011 -31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO THINK OFFICE LLC FOR THE PROJECT ENTITLED, "KENAI LIBRARY PUBLIC SPACE FURNITURE 2011," FOR THE TOTAL AMOUNT OF $176,762.86. WHEREAS, the following bids were received on April 14, 2011: ;and, BIDDER 1 TOTAL BID Think Office LLC $176,762.86 BINW 5179,931.78 WHEREAS, the bid of Think Office LLC is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation of the City Administration is to award the contract to Think Office LLC for the total bid cost of $176,762.86; and, WHEREAS, sufficient monies are appropriated. Suggested by: Administration NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Kenai Library Public Space Furniture 2011," is awarded to Think Office LLC for the total amount of $176,762.86. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: S. -22- PAT PORTER, MAYOR the city c KENAI, ALASKA Rick, M VWaye with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1 1111 r MEMO'. NDUM Rick Koch, City Manager FROM: Kevin Lyon, Public Works Director DATE: April 14, 2011 SUBJECT: AWARD OF CONTRACT; Kenai Library Public Space Furniture 2011 The furnishings for the library have been divided into two bid packages one for the public space furniture and one for the work space furniture. The invitation to bid for the public space furniture was advertised in the Peninsula Clarion and the Anchorage Daily News. On April 14, 2011 bids for this project were opened and 2 bids were received. These bids have been reviewed and it has been determined that Think Office, LLC of Anchorage was the lowest responsive bidder. The bid documents were complete, responsive and sufficient funds are available. The attached is Resolution 2011 -31 to authorize award of the contract to Think Office LLC. If council adopts the resolution, a purchase order for the total bid cost of $176,762.86 will be issued. -23- 7i 1991 ITEM A: CALL TO ORDER ITEM B: AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. ke nai ak. u s 1., Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *:All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke 2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After Dipnet Fishery. 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 m.ay 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. 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: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning 85 Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537 -2011 is active.) -25- a. Ordinance No. 2537 -2011 (Substitute) 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. 3. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by 53,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. Ordinance No. 2544 -2011 (Substitute) In.creasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project Fund. 7. Ordinance No. 2545 -2011 Amending 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. 8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. 9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances. -26- 10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00. 11. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (Recreational Site, License No. 3209) 12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc., d /b /a Little Ski Mo Drive Inn (License 41774) ITEM E: MINUTES 1. *Regular Meeting of March 16, 2011, ITEM F: UNFINISHED BUSINESS ITEM 0: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. 4. *Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase 1. 5. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 6. *Ordinance No. 2549-2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by $407,374 in the Water Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State -27- of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well, 8. *Ordinance No. 2551 -2011 increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 10. Discussion Joint Work Session with Kenai Peninsula Borough Assembly /Administration and City of Soldotna Council /Administration. 11. Discussion Request to Purchase /From Ma Pa Alaskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision, 12. Discussion Schedule Additional Budget Work Sessions 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 8s Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT -28- ITEM L: ITEM M; 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2 Council Member Comments EXECUTIVE SESSION None Scheduled PENDING LEGISLATION (This addressed at a later date as no ADJOURNMENT -29- lists legislation which will he Robert Molloy Mike Boyle, Vice Mayor Pat Porter, Mayor (telephonic) Terry Bookey Joe Moore Brian Gabriel Ryan Marquis ITEM A° CALL TO ORDER A -2. The City Clerk took roll. Present were: A quorum was present. A -3. The following changes were requested: ADD TO: KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING 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 ROLL CALL Also present: Student Representative Hannah Coffman AGENDA APPROVAL MINUTES Item D -1, Ordinance No. 2537 -2011 and Substitute March 10, 2011 M. Kebschull memo identifying recommended amendments to the ordinance of the Planning Zoning Commission. REPLACE PAGES: Item 0-3, Ordinance No. 2546 -2011 Packet page 94 (Page 1 of 5 of Attachment A Correction: Townhouses RR1, C Packet page 98 (Page 5 of 5, Attachment A Correction: ...275 feet) ADD TO: Item G -3, Ordinance No. 2546 -2011 Email transmissions In support of the ordinance from: -30- Robert Molloy Mike Boyle, Vice Mayor Pat Porter, Mayor (telephonic) Joe Moore Brian Gabriel Terry Bookey Ryan Marquis ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING MINUTES Vice Mayor Boyle called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Vice Mayor Boyle led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ADD TO: Item D -1, Ordinance No. 2537 -2011 and Substitute March 10, 2011 M. Kebschull memo identifying recommended amendments to the ordinance of the Planning Zoning Commission. REPLACE PAGES: Item G -3, Ordinance No. 2546 -2011 Packet page 94 (Page 1 of 5 of Attachment A Correction: Townhouses RR1, C Packet page 98 (Page 5 of 5, Attachment A Correction: ...275 feet) Item G -3, Ordinance No. 2546 -2011 Email transmissions In support of the ordinance from: KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 2 ADD TO: MOTION: VOTE: A -4. MOTION: VOTE: ITEM B: coliform. Georgia Poynor Gloria Wik Norman E. Fahnholz Debby J. Fahnholz Item H -7(e), Report of Kenai Peninsula Borough Assembly Assembly Member Smalley report of April 5, 2011 Assembly meeting, Council Member Molloy MOVED for approval of the agenda with the request additions and changes to the packet and. requested. UNANIMOUS CONSENT. Council. Member Bookey SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. SCHEDULED PUBLIC COMMENTS (Public comment limited w 10 minute per speaker) 8-1. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke Emily Evans, 308 James Street, Kenai and Hannah Coffman, 46861 Mooseberry, Kenai Provided a presentation expressing the dangers of secondhand smoke, including interviews and scientific information. B -2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After Dipnet Fishery. Courtney Stroh, Kenai Offered her "Caring for the Kenai" presentation entitled, "ROC the Kenai" Plan (Respect our Community) which focused on: Problems caused from the dip netting fishery, i.e. fish waste, fecal -31- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 3 Implementation of her "ROC the Kenai Plan" including providing awareness brochu.re, dumpsters for fish waste disposal, an a continuous video loop related to disposal of waste at pay booths. Requested funding assistance from the City through suggested grant for publishing of the brochure. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment lirnited to 3 minutes per speaker Jim Butler, 1711 Kaknu Way, Kenai Thanked Council for sending a representative to attend the North Pacific Fisheries Management Council to discuss concerns also expressed to the Alaska Board of Fisheries related to sound fishery management practices and encouraged taking an aggressive approach through education, creating a record, and the need to change the culture of the State. Colleen Ward, 708 Magic Avenue, Kenai Spoke in support of the introduction of Ordinance No. 2456 -2011; felt the neighborhood was morphing into something not as envisioned; and, requested Council's support. Patricia Falkenberg, 399 McCollum Drive, Kenai Spoke in support of the introduction of Ordinance No. 2456 -2011; requested support of the introduction of the ordinance; and, reported the neighborhood was acquiring signatures on a petition related to the ordinance. Alan Poynor, 4560 Wolfe Street, Kenai Spoke in support of Ordinance No. 2546- 2011; explained they were requesting a full definition and codification of what their covenants said when the subdivision was designed; and, all his neighbors were in favor of the ordinance. Janine Espy, 403 McCollum Drive, Kenai Spoke in support of the introduction of Ordinance No. 2546 -2011, encouraged Council to read through the material provided in the packet, and the property owners wanted to keep the neighborhood as it was first proposed in 1988. Walt Ward, 708 Magic Avenue, Kenai Spoke in support of the introduction of Ordinance No. 2546-2011; thanked Council Member Molloy for his assistance; encouraged Council to review the information in the packet; the residents of the MAPS area liked the low density, low traffic and low noise of their neighborhood; and, urged support of the ordinance. Liz Leduc, 530 Wortham Street, Kenai Stated her support of the introduction of Ordinance No. 2546 -2011 and noted, the preserving of the 3W Subdivision was important to new residents as well. Mark Schrag, 312 Princess Lane, Kenai Spoke in support of the introduction of Ordinance No. 2546-2011 and also requested Council to direct the City Manager to begin the process of vacating a portion of Magic Avenue as discussed previously. -32- Molloy Yes Boyle Yes Porter Yes 1 Moore Yes Gabriel Yes Bookev Yes Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 4 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 D -1. The floor was opened to public hearing. Sara Souders, 103 Oak Avenue, Kenai Spoke in support of Ordinance No. 2537- 2011, noting she believed it was livable and it now included technical items discussed. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Moore MOVED to substitute with Ordinance No. 2537 -2011, the substitute and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. It was clarified Ms, Souders was speaking to the substitute ordinance. D -la. VOTE ON AMENDMENT: 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: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537 -2011 is active.) Ordinance No. 2537 -2011 (Substitute) 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. *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -33- Molloy Yes I Boyle 1 Yes Porter Yes Moore 1 Yes I Gabriel Yes i Bookey Yes Marquis j Yes Molloy J Yes Boyle I, Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes !Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 5 VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2540 -2011 and Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being n.o one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: 'Student. Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2541 -2011 and Council Member Gabriel SECONDED the motion, The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. -34- Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 6 VOTE: *Student Representative Coffman: Yes 'y Molloy i Yes 1 Boyle Moore Yes j Gabriel 1 Marquis Yes I MOTION PASSED UNANIMOUSLY. Yes Porter 1 Yes Yes Bookey 'Yes D -4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by S3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2542 -2011 and Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing wa.s closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2543 -2011 and Council Member Gabriel SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: -35- Molloy No Boyle No Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL APRIL 6, 2011 PAGE 7 Funding was included in the current budget for a conceptual design; these funds would be used to purchase a detailed design; and, the work was expected to be done within 60 -90 days. Concern with the increase in health care costs, etc. and suggested the issue he discussed during the budget process for FY12. Health care costs would be covered through the FY12 budget and Administration would not be relying on these funds to put toward health care costs. VOTE: TLNG *Student Representative Coffman: Yes MOTION PASSED. D -6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2544 2011 and Council Member Moore SECONDED the motion. D -6a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project Fund. MOTION TO AMEND: Council Member Marquis MOVED to amend the main motion with Ordinance No. 2544 2011, the substitute, Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Interest in revisiting the initial funding request. Funds would be available to do the locations, mapping, etc. Funds were included in the FY12 draft budget for walkways and columbariu VOTE ON AMENDMENT: -36- Molloy I Yes Boyle 1 Yes Porter i Yes Moore Yes Gabriel I Yes Bookey I Yes Marquis i Molloy j Yes Boyle j Yes Porter Yes Moore Yes Gabriel Yes j Bookev Yes Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 8 'Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE MAIN MOTION AS AMENDED: 'Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -7. Ordinance No. 2545 -2011 Amending 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2545 -2011 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Marilyn Kebschull, City Planner Noted the following: Historical information included in her memorandum which was a part of the packet. The proposed amendment would provide an exception to side setbacks for airport parcels contained in the airport perimeter fence. The proposed amendment would provide greater development of airport properties that were already restricted by the Airport Building Restriction Line, building, and fire codes. The Airport Commission reviewed the issue and unanimously recommended the proposed amendment. The Planning Zoning Commission held a public hearing on March 9 and unanimously recommended Council amend the Land Use Table to provide for the exception. The Commissions would probably be considering some exceptions to relax codes for structures on the airport for development of T- hangars, etc. -37- Molloy Yes Boyle Yes Porter Yes Moore i No i o Bookey Yes 1 Marquis [Yes j KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 9 VOTE: *Student Representative Coffman: Yes Molloy Yes Boyle Moore Yes Gabriel Marquis Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:18 P.M. BACK TO ORDER: 8:26 P.M. D -8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2011 -26 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. Council and Administration comments included: Review of the information included in the packet. Concern the last whereas made assumptions. MOTION TO AMEND: Council Member Marquis MOVED to amend the resolution by removing the entire last whereas and Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED. VOTE ON MAIN MOTION AS AMENDED: -38- Yes Porter I Yes Yes 1 Bookey Yes I I f Molloy Yes Boyle ;Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 10 *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2011 -27 and Council Member Gabriel SECONDED the motion, The floor was opened to public hearing. Larry Semmens, City Manager, City of Soldotna Stated his concern the impact of the termination studies were having on small municipalities; reported the City of Soldotna would have a similar resolution; he expected the Borough Assembly would consider a similar resolution; eliminating the termination study requirement would eliminate the liability; the state exempted itself from the requirement; and, spoke in support of the resolution. With no others wishing to speak, the public hearing was closed. A general discussion followed with continents including: If not eliminated, Administration would encourage contracting out services and not hiring personnel through grant funds. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00. MOTION: -39- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 11 Council Member Moore MOVED for approval of Resolution No. 2011 -28 and requested UNANIMOUS CONSENT. 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. Administration noted the project was expected to be completed by September 15, 2011. VOTE: There were no objections. SO ORDERED. D -11. MOTION: WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (Recreational Site, License No. 3209) Council Member Marquis MOVED to withdraw the objection to continued operation of liquor license for Ala.skalanes, Inc., d /b /a Alaskalanes Bowling Center and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion, VOTE: There were no objections. SO ORDERED. D -12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc., d /b /a Little Ski Mo Drive Inn (License #1774) MOTION: Council Member Marquis MOVED to withdraw the objection to continued operation of liquor license for L M Ventures, Inc., d /b /a Little Ski Mo Drive Inn and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. *Regular Meeting of March 16, 2011 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. -40- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 12 ITEM G: G -1. MOTION: VOTE: NEW BUSINESS Ratification of Bills Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED for approval of the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. G -3. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. MOTION TO INTRODUCE: Council Member Molloy MOVED for the introduction of Ordinance No. 2546 -2011 with the two lay -down replacement pages and Council Member Marquis SECONDED the motion. A lengthy Council discussion followed with comments including: Thanks to members of the public who spoke, thanked the work done by the residents as well as the City Manger, Planning Department, etc. Two clerical errors were found on page 1 of Attachment A and Page 5 of Attachment A which were corrected in the lay down replacement pages. The amendments to the Land Use Table would affect only the MAPS area and 3W Subdivision. -41- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 13 If introduced, a motion would be made to refer the ordinance to the Planning Zoning Commission for a work session and public hearing before returning the ordinance to the City Council for consideration. The timeline would include an April 27 work session at the Commission, included on the Commission's agenda. as a New Business item at its April 27 meeting; a Commission public hearing on May 11; and, returned to Council for its May 18, 2011 meeting. The ordinance was corning from the residents of the neighborhood who recognize the Comprehensive Plan update process was beginning; the public was told the Comprehensive Plan Update could take up to two years before it was completed; it had been seven months since the neighborhood came to Council; and, did not think the residents needed to wait up to two years to bring an ordinance forward. Did not think issues should be put on hold and wait for the completion of the Comprehensive Plan, liked the fact the neighborhood was working with elected officials, and felt it could empower the Comprehensive Plan process. Felt it was poor timing; it was a significant ordinance and felt the timeline was too short for bringing the ordinance back to Council; believed more time should be provided for the process; felt there was a lack of notification of the landowners; and, questioned whether the public process was being followed. Provisions in the Zoning Code allow for an ordinance to be introduced by Council Members first and then proceed from there in accordance with the Rules of Procedure. buildings. Other ordinances have started from a member of Council, i.e. burned -out If the Commission needs additional time, Council could address the request for additional time when the ordinance was returned for the May 18, 2011 Council meeting. The neighborhood organized the meetings held related to the rezone ordinance development; Council Member Molloy attended two meetings; an.d, because it was a resident -run process, the meetings were not required to be advertised as they would have if they were City meetings. Concern the process was "behind the scenes." Disagreement with comment with regard to the process: residents may engage with elected officials and felt it was the elected officials' duty to participate. Appreciated the testimony and effort of the residents but was concerned it was a special zoning district and felt the ordinance needed the Commission's process and perhaps the Comprehensive Plan process. Vice Mayor Boyle passed the gavel to Council Member Marquis and stated he felt there was nothing incorrect with citizens requesting assistance from a council member; the ordinance was going through the process; and, did not see anything inappropriate. The gavel was returned to Vice Mayor Boyle. Discussion continued with comments including: -42- Molloy Yes Boyle 1 Yes Porter 1 Yes Moore j Yes Gabriel !Yes j' Bookey 1 Yes Marquis 1 Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 14 Felt the ordinance being brought to Council and introduced was inappropriate; the issue should be sent to the Commission for consideration, not as an introduced ordinance; and, the Comrission should he allowed to address the issue on its schedule. Clarification this would not be a rezone, but was a modification of the Land Use Table. For a rezone, all affected property owners would be notified within 300 feet of the proposed rezone area. This would not be a rezone or creation of a special zoning district and would not apply to any other area except the 3W and MAPS neighborhoods. Question of whether all property owners would be notified and was answered by the City Manager who noted property owners would not be notified individually as it was not required by Code, but notification would be by the normal process, i.e. in the newspaper and on the City's website. MOTION TO AMEND: Council Member Bookey MOVED to amend the motion to require cards be sent to all property owners within the RR zoning districts to notify them of the proposed public hearing process for this particular ordinance. Council Member Moore SECONDED the motion. Comments on the motion included: Caution to Council of taking action on the introduction without proper notice to all the property owners. No objection to notifying the property owners and if Council introduced the ordinance at this meeting, it would not be doing anything improper. Clarification of Attorney identified the motion would be in order to amend by introduction and send notification to the property owners. MOTION TO AMEND (CLARIFIED: Council Member Bookey restated his motion as: MOVED to amend the main motion by introduction and sending notification to the property owners. Council Member Moore declined to second the restated am.endment. Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: "Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -43- Molloy Yes Boyle Yes Porter Yes Moore 1 Yes Gabriel Yes Bookey I Yes Marquis Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 15 VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes Molloy Yes Boyle Moore No Gabriel PV1Cn9_, i Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the public hearing on Ordinance No. 2546 -2011 until the May 18, 2011 council meeting and to refer this ordinance to the Planning Zoning Commission with direction to hold a work session and public hearing on this ordinance and return the ordinance to Council prior to May 18 with the Commission's recommendations. Council Member Bookey SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. G -4. Introduced by consent agenda approval. G -5. G -6. Yes Porter Yes J Bookey *Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase L *Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. Introduced by consent agenda approval. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a -44- Yes 7 Yes KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 16 Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System, Introduced by consent agenda approval. G -7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by S407,374 in the Water Sewer Special Revenue Fund By n ^.7 Wellhouse D Funds and ny $_,4, r 4 in the -i.:iu uSe 4 Capital Project t u�idS iOr a jIB.IP. of Alaska Municipal Matching Grant for the Constru.ction of a Water Treatment Facility and Drilling of a New Water Production Well. Introduced by consent agenda approval, G -8. *Ordinance No. 2551 -2011 increasing Estimated Revenues and Appropriations by 8175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. Introduced by consent agenda approval. G -9. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. Introduced by consent agenda approval. G -10. Discussion Joint Work Session with Kenai Peninsula Borough Assembly /Administration and Ci.ty of Soldotna Council /Administration. Council Member Marquis reported an invitation had been forwarded to the Borough and City of Soldotna last summer to hold a joint work session. Comments back were that it would be better to wait until after the local elections in October. Marquis stated his interest in resending an invitation to discuss common concerns and mutual interests. Suggestions were offered as water /sewer issues, commercial fisheries and other fisheries, etc. The City Clerk was directed to forward a letter of invitation to the Borough and City of Soldotna to meet in a joint work session after July. G -11. Discussion Request to Purchase /From Ma Pa. Alaskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision. -45- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 17 City Manager Koch referred to information included in the packet and explained a request had been received from Ma Pa Alaskan Treasures, Inc. to purchase its currently leased property, i.e. Lot 2, Block 1., Gusty Subdivision. Updated information included: The City had received clarification from Wince- Corthell- Bryson the subject property was located outside the Runway Protection Zone of the airport. The FAA reported it had no opposition to the sale of the property. The Airport Commission discussed the issue at its February 10, 2011 meeting and recommended support of the sale. Koch stated his recommendation the sale of the property to the Lessee move forward, subject to certain restrictions contained in the Deed of Release and recommended by the Airport Commission, i.e. the sale would not be detrimental to the future expansion of the Airport and recommendations of height and noise restrictions as well as aviation easements. Discussion followed with comments including: A difficult circumstance and has some concerns: different action than discussed during the 2005/2006 comprehensive review of the airport code and Master Plan. If the sale would take place, it may be difficult to treat other lessees differently. Suggestion other items would need to be addressed and the airport boundary line may need to be redrawn. The Airport Reserve Boundary would not need to be redrawn; other properties within the Airport Reserve were owned by someone other than the City; and, some leased areas within the irport could be purchased. When. the Code was changed from allowing the purchase to not allowing purchase, there was no notification to the leaseholders of the change. The City gave its word and it needed to stand beside it and supported the sale. Agreement to move forward with the sale. MOTION: Council Member Moore MOVED to direct Administration to bring back, at no time certain, details of the sale of property to Ma Pa Alaskan Treasures, Inc. Council Member Gabriel SECONDED the motion. City Attorney Stearns explained, Code required property sales be done through an ordinance. Attorney Stearns was requested to review the boundary line info) .illation to be sure there would be no conflict to that regard. VOTE: -46- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 18 Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. G -I2. Discussion Schedule Additional Budget Work Sessions Though no additional dates were scheduled, Clerk was requested to include the topic on the April 20, 2011 meeting. ITEM H: COMMISSION /COMMITTEE REPORTS Council on Aging Vice Mayor Boyle reported the next meeting was scheduled to be held April 14, 2011, H -2. Airport Commission Council Member Marquis reported the next meeting was scheduled to be held April 14, 2011. Harbor Commission Council Member Gabriel reported the next meeting was scheduled to be held Monday, April 11, 2011. H -4. Library Commission Council Member Marquis reported the next meeting was scheduled to be held on Tuesday, May 7, 2011. 13-5. Parks Recreation Commission Council Member Moore reported the next meeting would be held on Thursday, April 7. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the March 23, 2011 meeting which were included in the packet and reported on the Commission's work session related to outdoor wood burning boilers. H -7. H -7a. H -7b. II-7c. H -7d. Miscellaneous Commissions and Committees Beautification Committee No report. Alaska Municipal League Report No report. Mini -Grant Steering Committee No report. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting was scheduled to be held on April 25, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils The April 5, 2011 meeting report of Assembly Member Smalley was added to the packet at the beginning of the meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended an Ocean Renewable presentation; Wildwood Prisons Re -Entry Program presentation; -47- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 19 delivered Meals on Wheels; attended a Buy Alaska meeting with presentation from Mark Hamilton; and, identified a new business in Kenai as Aurora Galleries. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: Reviewed the James Street Special Assessment District report which was included in the packet and suggested that Council direct or agree for him to contact the property owners and ask them to consider to petition for a paved roadway instead of standard gravel; with the City paying for a portion of the cost, the improvement should be done in the best way; it was a small project; if the property owners did not want to consider paving, he would probably recommend to Council it not do the improvement. Council Member Marquis noted similarities with the subdivision, street name, and location of the subdivision he wanted to declare he had no financial interest in the street upgrade, etc. Vice Mayor Boyle stated he agreed there was no conflict of interest. Koch stated he would contact the property owners and ask if they would consider paving the street instead of the standard gravel upgrade. The budget would be available on Friday. The City was named as a finalist in the All- America City competition. There was funding in the FY 12 draft budget to replace the lighting system in the Portlock /Walker Lane area. The vehicle purchase from a dealer in Homer was through a competitive process. J -2. Attorney No report. J -3. City Clerk No report ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Referring to the Ordinance No. 2546 -2011 discussion, noted the neighborhood contacted all the property owners; the work was upfront; believed it was better to get the zone back to what it was intended; and, noted past concerns with previous requests for MAPS rezone. Robert Loveall, 11472 Kenai Spur highway, Suite 1, Kenai Thanked the Council and Administration for assistance in bringing the possible sale of the Ma Pa Alaskan Treasures, Inc. leased property back for consideration. K -2. Council Member Comments -48- KENAI CITY COUNCIL MEETING APRIL 6, 2011 PAGE 20 Moore No comments. Gabriel Thanked the evening's speakers and reported he enjoyed the Meals on Wheels fundraiser dinner and pie auction. Bookey Thanked the evening's speakers; reported he also enjoyed the Meals on Wheels fundraiser; and, assisted in moving some of the items at the library garage sale and found the process to be very efficient. Coffman Reported on activities at Kenai Central High School including testing, school play, spirit month, and prom. Marquis Reported a fundraiser for the Boys Girls Club would be held. Molloy Thanked the scheduled public comment presenters, unscheduled comments, and the listeners who attended the meeting both in person and through the meeting webeast. Boyle No comments. EXECUTIVE SESSION None Scheduled ITEM L: ITEM M: There being no further business to come before the Council, the meeting was adjourned at approximately 10:45 p.m. Minutes submitted by: Carol L. Freas, City Clerk PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT *The student may cast advisory votes on. all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote, Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -49- 11P lily 9/ K AL ALASKA CITY OF I{ENAI ORDINANCE NO. 2553 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING A SALE RESTRICTION IMPOSED BY KENAI MUNICIPAL CODE SECTION 21.05.010(B) WITH RESPECT TO LOT 2, BLOCK 1, GUSTY SUBDIVISION (11472 KENAI SPUR HIGHWAY) LOCATED WITHIN THE AIRPORT RESERVE; AUTHORIZING THE SALE OF' LOT 2, BLOCK 1, GUSTY SUBDIVISION TO THE CURRENT LESSEE, MA PA ALASKAN TREASURES, INC.; AND DETERMINING THAT LOT 2, BLOCK 1 GUSTY SUBDIVISION IS NOT NEEDED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai. received Quitclaim Deed through the Federal Aviation Administration (FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including that no property shall be used, leased, sold, salvaged, or disposed of for reasons other than for airport purposes; and, WHEREAS, on August 20, 1970, the FAA executed a Deed of Release for an area of land subject to the Quitclaim Deed allowing for the lease, sale, or disposal of certain airport lands by the City; and, WHEREAS, Lots 1, 2, and 3 located in Gusty Subdivision were subject to that Deed of Release; and, WHEREAS, on August 20, 1970, the City entered into a lease with James A. Adkins and Edward A. Ferguson for City -owned lands identified as Lots 1, 2, and 3, Gusty Subdivision, Kenai, Alaska (the Property); and, WHEREAS, since August 20, 1970, the rights under the Lease have been assigned or transferred to various lessees and the current lessee of Lot 2, Block 1, Gusty Subdivision, located at 11.472 Kenai Spur Highway, is Ma Pa Alaskan Treasures, Inc.; and, WHEREAS, the Property is located within the City's Airport Reserve; and, WHEREAS, on January 27, 2011, Ma Pa Alaskan Treasures, Inc. submitted a request to purchase the Property; and, WHEREAS, KMC 21.05.010(b) states that no City -owned land within the Airport Reserve shall be sold or otherwise conveyed out of City ownership for any purpose, except as provided in a lease executed by the City before the effective date of the ordinance codified in that section; and, WHEREAS, the lease of Ma Pa Alaskan Treasures, Inc. does not include a purchase right of the lessee; and, -51- Ordinance No. 2553 -2011 Page 2 of 3 WHEREAS, City employees made representations to the shareholders of Ma Pa Alaskan Treasures, Inc. that it had a right of purchase in its lease, upon which representations it claims to have relied; and, WHEREAS, although the Property is within the City's Airport Reserve, the City has studied the Property, the Airport Layout Plan, and the existing and future land needs of the Kenai Municipal. Airport and has determined that the Property is not identified as needed for aviation purposes or for future expansion of the Kenai Municipal Airport; and, WHEREAS, the FAA has infoi med the City that it has no objection to the City's sale of this property; and, WHEREAS, the Airport Commission unanimously recommended the sale of the Property to Ma Pa Alaskan Treasures, Inc. subject to certain conditions contained in documents of title governing the City's use and ownership of the Property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Classification: This is a non -code ordinance. Section 2. Statement of Ownership: The City of Kenai is the owner of Lot 2, Block 1, Gusty Subdivision (the Property). Section 3. Public Purpose and Best Interest Findings: The Property is not needed for future public municipal or airport purposes. Under the Airport Layout Plan, the Property is designated for non aviation commercial or light industrial uses. The sale of the Property is in the best interests of the City as it serves a purpose of continuing commercial growth and investment in. the City and preserves confidence in the public's dealings with the City and municipal government by recognizing a local business's investment backed expectations, Section 4. Waiver of Ordinance Requirements: The Kenai City Council waives the following provision of the Kenai Municipal Code as it pertains to Ma Pa Alaskan Treasures, Inc. only: KMC 21.05.010(b), Airport Reserve, otherwise prohibiting the sale of city -owned land within the Airport Reserve except as provided in certain lease agreements executed by the City. Section 5. Authorization of Sale: The Kenai City Council hereby authorizes the City Manager to negotiate and enter into a sale of the City -owned lands described as Lot 2, Block 1, Gusty Subdivision, under the procedures and terms established for the sale of airport lands and otherwise the Manager shall follow the procedures set for the sale of airport lands outside of the Airport Reserve as set forth in KC 21.15.180 et seq. and subject to the following additional essential terms and conditions of sale: (a) The sale will be made through a negotiated sale to the current lessee only; and, -52- Ordinance No, 2553 -2011 Page 3 of 3 Section 6. Title: Title shall be conveyed by quitclaim deed. Any instrument conveying title to the Property shall include the following restrictions, promises, and /or covenants: (a) that the City of Kenai reserves unto that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport; and, (b) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of structures, objects of natural growth, and other obstructions on the Property to a height of not more than 242 feet above mean sea level; and, (c) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, transferees, and assigns to prevent any use of the Property which would interfere with lan.ding or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport hazard; and, (d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance, Section 7. Proceeds of Sale: Should a sale of the Property be finalized, all revenues from the sale shall be deposited in. the Airport Land Sale Permanent Fund for use in the development, improvement, and operation of the Kenai Municipal Airport and as otherwise required in that Deed of Release recorded on November 19, 1973 at Book 74, Pages 325 -327, Kenai Recording District. Section 8. 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 fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk -53- PAT PORTER, MAYOR Introduced: April 20, 2011 Adopted: May 4, 2011. Effective: June 4, 2011 attachment Memo To: Rick R. Koch City Manager Krista Stearns City Attorney Terry Eubank Finance Director to t 'Qvnatef- Kenai. 'ena vtgula f 305 N. WILLOW St SUITE 200 KENAI, ALASKA 99511 TELEPHONE 907,283-7951 FAX 907. 283.3737 From: Mary Bondurant Airport Manag Date: April 6, 2011 Subject: Proposal for Additional Office Space Attached is a proposal from Kathy Chircop, Owner, Alaska Realty Group, to rent the office space vacated by the Medallion Foundation at the south end of the terminal building. The space has been vacant for several months; no interest has been received from an aviation related business. Please review and approve the attached Lease of Airport Facilities. Alaska Realty Group is current in their payments to the City. This will be included in the packet for Airport Commission at the April 14, 2011 meeting. www.kenatairport.com. -54- Bear Mary, Our office is rapidly expanding and we are in need of more space in the Kenai Airport. We would like to expand into the small Medallions office. Can we also have the option to expand that office size to include the space behind the Oil platform display? Please let me know if we can make one or both of these options work for us. Sincerely, Kathy Chircop- Owner/Broker (907) 335-3333 Ai ska .edty Group ALASKA REALTY GROUP, INC. L ocated in the Kenai Airport 305 N Willow STE 106 Kenai, AK 99611 -55- CITY OF KENAI KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT FACILITIES THIS AGREEMENT is made this day of April, 2011, by and between the CITY OF KENAI, 210 Fidelgo Avenue, Kenai, Alaska 99611, an Alaska home rule municipal corporation (City), and, Alaska Realty Group, Inc., 305 N. Willow, Suite 160, Kenai, Alaska, 99611 (Lessee). RODUCTION A. The City owns and operates the Kenai Municipal Airport and Airport Terminal Building (collectively "Airport located in Kenai, Alaska. B. Lessee operates a business from the Airport that is not aviation related. C. The City has space available at the Airport which may be appropriately used for general office space, including storage of files and computer work, when other tenants are not interested in leasing the space for aeronautical or aviation related purposes. D. The City desires to lease this space to the Lessee on a month -to -month basis. E. Lessee (or its principals) currently leases other space at the Airport and it desires to rent additional space at the Airport to support its business activities. NOW THEREFORE, In consideration of the rights and obligations under this Lease, the parties agree as follows: A. PURPOSE: City leases to Lessee the following- described premises at the Airport: Office space consisting of 88 square feet, located on the first floor, terminal building, Kenai Municipal Airport, Kenai Recording District, Kenai, Alaska, within the NW SE 1/4, Section 32, T6N, R11W, S.M, and as more particularly set forth on Attachment A to this Lease (the Premises). Lessee is authorized to use the Premises for the following purposes only: general office work including billing, paperwork, filing, and file storage. B. TERM: This is a month -to -month lease commencing on the day of April, 2011. Page 1 of 14 City L:\ Airport \Chirop \Lease.Term.040511 Lessee -56- C. RENTAL PAYMENT: Lessee shall pay City monthly rent based on the square footage of the Premises (88 sq:ft.), plus all applicable sales and other taxes, which rate is based upon the established rents for the Airport. Without waiving its rights under a month -to -month lease, the City expects future rental rates at the Airport to be as follows through May, 2013. June 1, 2010, to May 31, 2011 June 1, 2011, to May 31, 2012 June 1, 2012, to May 31, 2013 $2.00 x 88 $2.20 x 88 $2.42 x 88 176.00 $193.60 $212.96 Rent is due from Lessee to the City in advance on or before the first day of each month beginning April 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. In addition to the rents specified above, Lessee agrees to pay as additional rent to the appropriate parties all levies, assessments, and charges as hereinafter provided: a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. b) Interest at the rate of eight percent (8 per annum and penalty of ten percent (10 of any amount of money owed under this Lease, where said amount is not paid on or before the date it becomes due. Costs and expenses incident to this Lease, including but not limited to, recording costs shall be paid by Lessee. D. GENERAL COVENANTS: 1. USES: City reserves the right to grant others any right or privilege not specifically granted Lessee. The rights and privileges granted Lessee under this Lease are the only rights and privileges granted Lessee. Lessee has no easements, rights, or privileges, either express or implied, other than those specifically granted under this Lease. 2. USES NOT CONTEMPLATED PROHIBITED: Lessee shall not sell any service or product at the Premises without the prior advance written approval of the City. If a question or dispute arises concerning the sale of any service or product, Lessee may submit a written request to the City asking for a review and decision. The City will deliver a written decision to Lessee and the decision of the City is final. Page 2 of 14 City L:\ Airport\Chirop\Lease.Term.040511 Lessee -57- 3. ASSIGNMENT OR SUBLETTING: Lessee shall not assign all or any portion of the Premises or its rights under this Lease, nor shall R enter into any sublease of Premises under, without the City's prior written consent. Any attempted assignment or sublease without advance written approval shall be void and of no effect. Any assignee of part or all of the Premises shall assume the duties and obligations of Lessee as to such part or all of the Premises. No such assignment, however, will discharge Lessee from Lessee's duties and obligations hereunder. 4. PREMISES MAINTENANCE: Lessee shall maintain the Premises in good repair, appearance, and in a clean and safe condition at all times. At its own expense, the Lessee shall paint, repair, or replace wall coverings, doors, counters, furnishings, fixtures, or other items as their condition may require. Lessee shall not delay in completing any action the City determines necessary for safety or to maintain the Premises in good repair and appearance. Lessee shall pay for any nonstandard lighting fixtures, extraordinary power, or cleaning services caused or consumed by Lessee which, in the City's sole determination, are beyond the scope of normal services provided by the City to Airport tenants with similar uses. Lessee is responsible for the cost and installation of any electrical conduit or wiring beyond what is available on the Premises as of first date of this Lease. If Lessee causes damage to the City or to another Airport tenant due to inadequate maintenance by Lessee of any of Lessee's equipment, fixtures, or systems, Lessee will repair the damage at its own expense. If Lessee does not repair the damage, the City will repair the damage and bill Lessee for the City's costs. Lessee will pay the City within 30 days of the billing date and any sums due shall be collectible by City as additional rent. .At the expiration this Lease, Lessee shall peaceably and quietly quit and surrender the Premises to the City. 5. CONSTRUCTION APPROVAL AND STANDARDS: Before beginning construction or installation of any improvement or alteration, Lessee shall first obtain prior written approval from the City before altering the Premises. Building construction shall be neat, presentable, and compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at Lessee's expense. 6. DEFAULT RIGHT OF ENTRY: any portion of the rent or fees when due, Page 3 of 14 L: \Airport \C h i ro p\ Le a se.Term x40511 -58- Should default be made in the payment of or in any of the covenants or conditions City Lessee contained in this Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee ten (10) days to cure such default or defaults, after which if the default is not cured, the City may terminate the lease, reenter and take possession of the Premises, and remove all persons there from. 7. CONDITION OF PREMISES: Lessee has had an opportunity to inspect the Premises and Lessee accepts the Premises in its then present condition and as is." Lessee acknowledges that the City's obligation is limited to making the Premises available to the Lessee for its use as permitted in Paragraph A, above. 8. UNDERLYING TITLE: The interests transferred or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 9. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the Premises, or any part thereof, for the purposes of inspection. Lessee shall provide the City emergency access to the Premises either by delivering keys to the Premises or by providing emergency telephone numbers where the City may reach Lessee or Lessee's agent on a 24 -hour basis. 10. INDEMNIFICATION: Lessee shall protect, indemnify and save harmless the City and its agents, officers, and employees from and against any and all claims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the Lessee's use and occupation of the Premises or the condition of the Premises during the terms of this Lease. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless the City under the provisions of this Lease. 11. INSURANCE: Lessee shall throughout the term of this Lease, and at its own expense, secure and keep in force insurance, as stated below, to protect the City and the Lessee. Where specific limits are stated, they are the minimum acceptable limits. If Lessee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. a. Comprehensive general liability insurance with coverage limits not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence where generally applicable, including in- terminal operations, independent contractors, products, and completed operations, broad Page 4 of 14 City L'\ Airport\Chirop \Lease.Term.040511 Lessee -59- form property damage, blanket contractual, and personal injury endorsements. b. Worker's Compensation insurance as required by the State of Alaska; and c. Comprehensive automobile liability insurance covering all owned, hired, and non -owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. All insurance required by this General Covenant must meet the following requirements: a. for comprehensive general liability insurance, name the City additional insured; for worker's compensation insurance, general liability, and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of subrogation against the City for payments made under the policy; c. include a provision that requires the insurer to provide the City with notice notification at least 30 days before any termination, cancellation, or material change in insurance coverage; and, d. be issued by a company /corporation currently rated "A "or better by A.M. Best. Evidence of Insurance Coverage: The Lessee will submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. b. Evidence of insurance coverage must be submitted to the City before Lessee takes occupancy of the Premises. The effective date of the insurance will be no later than the date of commencement of this Lease. The indemnification and insurance coverage requirements stated herein do not relieve the Lessee of any other obligation under this Agreement. Page 5 of 14 City LX Airport \ChiroplLease.Term.040511 Lessee -60- The City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Lessee shall submit to the City evidence of insurance coverage that meets the requirements of the City. 12. COLLECTION OF UNPAID MONIES: Any or all rents, charges, fees, or other considerations which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 13. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver the Premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 14. RULES: Lessee shall observe, obey, and comply with all applicable rules, etc., of the City, borough, state or federal governments. 15. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the Premises shall not be construed as a denial of the right of quiet and peaceable possession. Lessee will conduct its operation in a first class, businesslike, efficient, courteous, and accommodating manner. Lessee will conduct all business in an orderly and peaceful manner without interfering with other tenants, users, or occupants of the airport. Page 6 of 14 City L\ Airport\Ch iro p \Lease.Term.040511 Lessee -61- 16. LESSEE TO PAY TAXES: Lessee shall obtain all necessary licenses and permits, pay all taxes lawfully imposed on its business, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. Nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures provided for by law. 17. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 18. NO PARTNERSHIP OR JOINT VENTURE CREATED: City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the Premises. It is expressly understood and agreed that the relationship between the parties is, and shall at all times remain, landlord and tenant. 19. NON DISCRIMINATION; DBEs; AFFIRMATIVE ACTION: The City of Kenai's policy is to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum opportunity to participate in the performance of airport concession contracts. Lessee shall comply with all applicable laws and regulations regarding the fair and equitable treatment of DBEs. Lessee will ensure that DBEs have the maximum opportunity to participate in the performance of this Agreement, including the provision of supplies and services and any subcontracting opportunities. This Lease is subject to the requirements of the United States Department of Transportation's regulations, 49 CFR Part 23, Subpart F. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, religion, national origin, ancestry, age, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. Further, Lessee shall 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. Lessee recognizes the right of the City to take any action necessary to enforce this requirement of the Agreement. Lessee shall undertake any affirmative action program required by 14 CFR, Part 23, Subpart F, to insure that Lessee will not exclude any person from participating in any employment activity on the grounds of race, color, religion, national origin, ancestry, age, or sex. Lessee will not exclude any person on these grounds from participating in or receiving the services or benefits of any program or activity covered by the subpart. Page 7 of 14 City L: W. irport \Chirop \Lease.Term.04o511 Lessee -62- Lessee further understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake affirmative action programs and require assurances from their sub organizations. 20. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 21. ENTIRE AGREEMENT; MODIFICATIONS: Subject to the City's modification rights below, this Lease, including any amendment, constitutes the entire agreement between the parties. No modification or amendment of this Lease is effective unless in writing and signed by both parties Any such material modification shall require Council approval. Notwithstanding, Lessee further acknowledges that City may modify this Lease to meet any requirements of federal or State grants obtained by the City in order to operate and /or maintain the Airport, or in order to conform to the requirements of any revenue bond covenant to which the City of Kenai is bound, and the City may do so without formal amendment of this Agreement. However, a modification may neither reduce the rights nor privileges granted the Lessee under this Agreement nor cause the Lessee financial loss. 22. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that shall be profitable or suitable to employ the property to such use. 23. COMPLIANCE WITH LAWS: The Lessee shall comply with all applicable taws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold the City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and /or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. Page 8 of 14 L^, Airport \C hirop\Lease.Term.04051 1 -63- City Lessee Lessee further agrees that it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 24. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee shall not permit any hens including, but not limited to, mechanics', laborers', or material men's liens obtainable or available under the then existing laws, to stand against the Premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sub lessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee; provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee shall immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied as Lessee's own expenses. 25. CONDEMNATION: In the event the Premises or any part thereof shall be condemned and taken for a public or quasi public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term of any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 26. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties thereto, subject to such specific limitations on assignments as are provided for herein. 27. GOVERNING LAW: This Lease shall be governed by ail respects by the laws of the State of Alaska. In the event of any dispute arising out of this agreement and such dispute results in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. Page 9 of 14 L:1Airport1C hire p \Lease.Term.040511 -64- City Lessee 28NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this Lease unless such address has been changed pursuant to sub paragraph (b) hereafter, and in that case shall be mailed to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 29. ENTRY AND RE- ENTRY: In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the Premises should be abandoned by Lessee, the City, its employees, officers, agents, or representatives may immediately, or any time thereafter, re -enter the Premises and resume possession of the Premises or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law and without being liable for any damages therefore. No re -entry by City shall be deemed an acceptance of a surrender of the Lease. 30. WRITTEN WAIVER: If the City does not insist in any one or more instances on the strict performance by Lessee of any provision or article under this Lease, it is not a waiver or relinquishment for the future, but the provision or article will continue in full force, A City waiver of any provision or article in this Lease cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. 31. EXPIRATION OF LEASE: Unless thisLease is renewed or sooner terminated as provided herein, Lessee shall peaceably and quietly leave, surrender, and yield up unto the City all of the leased land on or before the last day of this Lease. 32. FIRE PROTECTION: Lessee shall take all reasonable precautions to prevent and to suppress destructive or uncontrolled fires and shall comply with all laws, Page 10 of 14 City L: \Airport\C h Trop \Lease.Term, 040511 Lessee -65- regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the Premises are located. 33. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 34. UNLAWFUL USE PROHIBITED: Lessee shall not allow the Premises to be used for an unlawful purpose. 35. APPROVAL OF OTHER AUTHORITIES: This Lease does not relieve Lessee of responsibility of obtaining any and all licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 36. EMPLOYEE PARKING: Terminal employees may use non exclusive employee vehicle parking facilities at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive a vehicle parking permit to park while on the job. Non terminal employees may request parking through the Airport Manager's office on a case -by -case basis. Lessee shall be held accountable for Lessee's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable airport directives. 37. JANITORIAL AND CLEANING SERVICES: Lessee shall provide, at its own expense, the day -to -day janitorial and cleaning services and supplies necessary to maintain the Premises. Lessee shall maintain the Premises in a clean, neat, and sanitary condition. 38. TRASH, GARBAGE, AND REFUSE: Lessee shall provide for the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of the Lessee's operations. Lessee will coordinate a schedule and procedure of trash removal with City. Lessee shall provide and use suitably-covered or sealed receptacles for all garbage, trash, and other refuse produced from its operations inside the airport terminal building. 39. UTILITIES: City agrees to pay all public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises reasonably incident to the permitted use of Lessee, and City will procure at its expense all meters and permits necessary for making connections and continuing utility services. 40. SMOKING: Neither the Lessee nor its employees may smoke on the Premises. Page 11 of 14 L: W i rportlC h iro p \Lease. Term.040511 -66- City Lessee 41. BUSINESS SOLICITATION: Lessee will only solicit and conduct business on the Premises as authorized under this Lease. Page 12 of 14 L: W irport\C h iro p \Lease. Term.040511 -67- City Lessee IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. CITY: CITY OF KENAI By Rick R. Koch City Manager LESSEE: ALASKA REALTY GROUP, INC. STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. STATE OF ALASKA THIRD JUDICIAL DISTRICT Page 13 of 14 L: W irport\Ch iroplLease. Term.040511 )s By: Kathy Chircop President Notary Public in and for Alaska My Commission expires: THIS IS TO CERTIFY the foregoing instrument was acknowledged before me this day of 2011, by Kathleen Chircop, President of Alaska Realty Group, Inc., a corporation, on behalf of the corporation. -68- Notary Public in and for Alaska City Lessee Approved by Kenai Gity Council Approved as to Lease form by City Attorney Approved by Finance Director Approved by City Manager Return to: Krista S. Steams City Attorney Gity of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 -7794 Page 14 of 14 L: tAirport1C hi roplLease.Term.040511 -69- My Commission expires: City Lessee -71- April 2011 MEETING ALEN Sunday 1 Monday Tuesday Wednesday Thursday Friday Saturday 1 I� 1 N Mar2011 3 M, T W T F 9 May 2011 S M T W T F 6 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 8 9 10 15 16 17 22 23 24 29 30 31 2 5 6 7 17 12 13 14 18 12 20 21 25 25 27 28 3 4 5 Library Co issio 7 ou ha 6 CITY COUNCIL MEETING, 7p, Council Chambers 7 Parks Recreation Commission, 7p, Council Chambers G> 10 11 Harbor Commission, 7p, Council Chambers 12 Beautification Committee, 7p, Council Chambers 13 PLANNING ZONING COMMISSION, 7p, Council Chambers 14 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 15 16 co 16 17 18 19 r r e 20 CITY COUNCIL MEETING, 7p, Council Chambers 21 r Mp, fl5 of N: a 22 23 6.osp. Plan C1861;6 C.aMNA P j(8, ii 24 25 26 I I 27 PLANNING ZONING COMMISSION, 7p, Council Chambers 28 29 theta 30 I -71- May 2011 MEET CALENDAR Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1 2 3 4 5 6 7 Library CITY Commission, COUNCIL 7p, Council Chambers MEETING, 7p, Council &r r✓✓> '74 I hew— 4.90t Chambers 8 9 10 11 12 13 14 Harbor Beautification PLANNING Airport Commission, Committee, ZONING Commission, 7p, Council 7o, COMMISSION, 7p, Council Chambers 7p, Council Chambers Chambers Y Council on Aging, P ifill Center Senior Centex �AV4 /.7 fe e Sara) L. F kneel 15 16 17 18 19 20 21 CITY COUNCIL MEETING, 7p, Council Chambers e 22 23 24 25 26 27 28 PLANNING ZONING COMMISSION, 7p, Council Chambers Foie IC L?o 29 30 HOLIDAY /CITY 31 Apr 2011 Jun 2011 OPPiCE^„� S M T tN I F S S M T as T r c CLOS 1 2 1 2 3 4 3 4 6 6 7 8 9 5 8 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 2C 21 22 23 19 20 21 22 23 24 25 24 25 25 27 28 29 30 26 27 28 29 30 I —72— June 2011 MEETING CALENDAR -73- Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1 2 CITY COUNCIL MEETING, 7p, Council Chambers 3 4 o May 2011 21 T VI T. c 6 Jul 2011 S M T W 5 r S 9 16 22 29 2 3 4 5 6 7 9 tb ii 12 13 14 16 17 18 19 20 21 23 24 26 26 27 28 30 31 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 2 9 16 23 30 5 6 Harbor Commission, 7p, Council Chambers 7 8 9 PLANNING Airport ZONING Commission, COMMISSION, 7p, Council 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center 10 11 eel/Pi1w"dl 1 12 13 14 15 16 CITY COUNCIL MEETING, 7p, Council Chambers 7 17 1 18 19 20 21 22 23 PLANNING ZONING COMMISSION, 7p, Council Chambers 24 25 26 27 28 29 30 June 2011 MEETING CALENDAR -73- July 2011 MEETING CALENDAR -74- Sunday Monday I Tuesday I Wednesday Thursday Friday Saturday 1 4 1 dun 2011 S M 7 W T F S Aug2011 S M T W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 3 4 HOLIDAY! OFFICES CLOSE a 5 Library Commission, 7p, Council Chambers 6 CITY COUNCIL MEETING, 7p, Council Chambers 7 8 9 10 11 Harbor Commission, 7p, Council Chambers 12 13 PLANNING ZONING COMMISSION, 7p, Council Chambers 14 Airport Commission, 713 Council Chambers Council on Aging, 4:SOp, Senior Center 15 16 n L'lHd7�/ ,,,,,,,y r I i 17 i 18 19 20 CITY COUNCIL MEETING, 7p, Council Chambers 21 22 23 I 24 25 26 27 PLANNING ZONING COMMISSION, 7p, Council Chambers 28 29 30 At. tar 31 July 2011 MEETING CALENDAR -74- COMMISSION COMMITTEE BOARD MEETING SUMMARIES AND MINUTES ITEM 1: ITEM 2: ITEM 3: ITEM 4: a. ITEM 5: AGENDA CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY February 10, 2011 PERSONS SCHEDULED TO BE HEARD Casey Madden, Wince- Corthell -Bryson Airport Projects Update OLD BUSINESS a. Discussion /Recommendation 11 Kenai Peninsula Air Fair Poster Newspaper Advertisement ITEM 6: NEW BUSINESS ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION APRIL 14, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL a. Discussion /Recommendation Kathy Chircop, d /b /a Alaska Realty Group, Inc. Request to Lease Additional Airport Terminal Space ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. May 12, 2011 (Identify 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 March 16 and April 6, 2011. b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions c. Comprehensive Plan Update Flyer d. Airport Manager Report /February and March, 2011 e. March /2011 Enplanement Report f. FY2012 Proposed Budget Information -76- g. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence an Making Technical Corrections. h. Ordinance No 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project funds for the Purchase of Snow Removal Equipment, Phase I. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and. Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment, ITEM 12: ADJOURNMENT -77- KENAI AIRPORT COMMISSION APRIL 14, 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 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Liaison present: A quorum was present. ITEM 2: MOTION: VOTE: ITEM 3: MOTION: VOTE: ITEM 4: J. Zirul, J. Bielefeld, H. Knackstedt, G. Feeke, E. Mayer, R. Rogers L. Porter Airport Manager M. Bondurant, Administrative Assistant E. Shinn and Council Member R. Marquis AGENDA APPROVAL Commissioner Rogers MOVED for approval of the agenda and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF' MEETING SUMMARY February 10, 2011 Commissioner Mayer MOVED for approval of the February 10, 2011 meeting summary and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD -78- 4 -a. Casey Madden, Wince Corthell- Bryson Airport Projects Update Casey Madden, Wince- Cortheu- Bryson Provided an update on the Request for Proposals 4 and 5 for the apron project, runway painting, and provided a. base map "utilities" and gate logic layout for the Float Plane Basin. General discussion followed. ITEM 5: OLD BUSINESS 5 -a. Discussion /Recommendation 11" Kenai Peninsula Air Fair Poster Newspaper Advertisement Administrative Assistant Shinn distributed color copies of the 5 -shirt design, poster, and proof for the newspaper advertisement, The Commission reviewed the information and had no objections. ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendation Kathy Chircop, d /b /a Alaska Realty Group, Inc. Request to Lease Additional Airport Terminal Space The Commission reviewed the information included in the packet related to the request for additional leased space in the airport terminal building. It was noted it would be a month -to -month lease and if an aviation related business requested lease space, the Chircop lease for this space would be terminated. A suggestion was made to move the pipeline display to another location to provide additional lease space. MOTION: Commissioner Bielefeld MOVED to recommend to Council the terminal space be leased to Alaska realty Group, Inc. and Commissioner Zirul SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair Knackstedt noted the following items: Items discussed and actions taken at the Planning Zoning Commission meeting. Encouraged all Airport Commissioners attend the April 19, 2011 joint work session related to the Comprehensive Plan Update, Discussed moving the pipeline display. 7 -13. Airport Manager Airport Manager Bondurant noted the following: Advised members of the approval o the SRE grant and Wildlife Assessment Program. -79- AIRPORT COMMISSION MEETING APRIL 14, 2011 PAGE 2 7 -c. City Council Liaison Council Member Marquis reviewed the action agendas of the March 16 and April 6 council meetings which were included in the packet and noted, a Council work session to discuss possible amendments to boards, commissions, and committees was scheduled for May 10, 2011 to begin at 6:00 p.m. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. May 12, 2011 (Identify if you are requesting an excused absence.) Of the Commission members present, all stated they intended to be present at the May 12, 2011 Commission meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Bielefeld and Zirul Expressed concerns with the possibility of changing Airport Commission meeting from monthly to quarterly. ITEM 10: ITEM 11: The car rental concession was out to bid. New fuel pumps had been installed at the Float Plane Basin. Lease lot inspections had been completed. Provided an update on the planning of the Air Fair. Invited all to view the new airport welcome sign. ITEM 12: ADJOURNMENT PERSONS NOT SCHEDULED TO BE HEARD None. INFORMATION ITEMS 11 -a. Kenai City Council Action Agendas of March 16 and April 6, 2011. 11 -b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions 11 -c. Comprehensive Plan Update Flyer 11 -d. Airport Manager Report /February and March, 2011 11 -e. March /2011 Enplanement Report 11 -f. FY2012 Proposed Budget Information 11 -g. Ordinance No. 2545 -2011 Amending 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. 11 -h. Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project funds for the Purchase of Snow Removal Equipment, Phase I. 11 -i. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. -80- AIRPORT COMMISSION MEETING APRIL 14, 2011 PAGE 3 MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk -81- AIRPORT COMMISSION MEETING APRIL 14, 2011 PAGE 4 ITEM 12: ADJOURNMENT KENAI HARBOR COMMISSION MEETING APRIL 11, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION -82- PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY March 7, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS Discussion Drift Boat Pullout Update ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. May 9, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11; INFORMATION a. Kenai City Council Action Agendas of March 2 and 16, 2011. b. 3/10/2011 Memoranda/Amendment to City Code Regarding Boards, Committees and Commissions c. Comprehensive Plan Update Flyer KENAI HARBOR COMMISSION MEETING APRIL 11, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PHIL MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Morin called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL P. Morin, B. Osborn, B. Nelson, V. Askin, B. Peters, T. Thompson B. Eldridge Public Works Director K. Lyon, Council Member B. Gabriel Chair Morin requested a January 11, 2002 KRSMA Advisory Board letter to Division of Parks Outdoor Recreation related to the placement of a boat ramp in the lower Kenai River be added to the packet. MOTION: Commissioner Peters MOVED to approve the agenda with the added lette Commissioner Thompson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY March 7, 2011 Commissioner Peters MOVED for approval of the March 7, 2011 meeting summary and Commissioner Askin SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None. ITEM_ 5: OLD BUSINESS -83- nd 5 -a. Discussion Drift Boat Pullout Update The Commission reviewed the January 11, 2002 KRSMA letter added at the beginni of the meeting. Public Works Director Lyon reviewed recent discussion of the City Council related to a drift boat pullout. Commission comments included: Aware kicker motors were allowed for guides, which would be slow for guides. Ten horsepower motors would be safe, but would take time and would save money. Interest in continuing to pursue a pullout. Cost of developing a pullout would not get cheaper. Data of drift boats down river would need to be collected. Council Member Gabriel reported issues were defined at the Board of Fisheries meeting and the cost -to- benefit ratio was not there for Council. Commission's recommendation was to wait one summer, gather drift boat data at the dock, determine the usage, and, see what the ten horsepower motors would. produce. Council Member Gabriel also noted Council requested the City Clerk to contact members of the Borough Assembly, Borough Administration, City of Soldotna Council Members, and City of Soldotna Administration to schedule a joint work session to discuss common concerns. He suggested the pullout could be included as one of the items of concern to discuss. Commission would like to revisit the issue in September. ITEM 6: NEW BUSINESS None. ITEM 7: REPORTS 7 -a. Director Director Lyon reported the following items: The draft FY12 budget was distributed to Council on Friday. The repainting of the restrooms at the dock was included in the budget. The dock pile repair would be bid to encumber 2011 budget funds and the project would be completed after the dip net fishery. 7 -b. City Council Liaison Council Member Gabriel reviewed the action agendas from the March 2 and 16, 2011 Council Meetings. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 May 9, 2011 (Identify if you. are requesting an excused absence.) All Commissioners present stated they would be attending the May meeting. -84- g HARBOR COMMISSION MEETING APRIL 11, 2011 PAGE 2 ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Morin Reported he was sick and was unable to attend the March meeting and apologized for ram calling. Gabriel Congratulated Morin on the success of the Peter Pan production. ITEM 10: ITEM 11: MOTION: VOTE: Carol L. Freas, City Clerk PERSONS NOT SCHEDULED TO BE HEARD None. INFORMATION 11 -a. Kenai City Council Action Agendas of March 2 and 16, 2011. 11 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions 11 Comprehensive Plan Update Flyer ITEM 12: ADJOURNMENT Commissioner Peters MOVED to adjourn and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:13 p.m. Meeting summary prepared and submitted by: -85- HARBOR COMMISSION MEETING APRIL 11, 2011 PAGE 3 KENAI PARKS RECREATION COMMISSION APRIL 7, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2. AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. February 7, 2011 b. February 28, 2011 Special Meeting ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Municipal Park Design Alternatives ITEM 6: NEW BUSINESS a. Discussion Dip Net Report b. Discussion Draft Park Study ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 12: ADJOURNMENT -86- PENDING APPROVAL ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. August 4, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSION QUESTIONS COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. City Council Action Agenda Items from March 2 and 16, 2011. b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions c. Comprehensive Plan Update Flyer KENAI PARKS RECREATION COMMISSION APRIL 7, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Hull called the meeting to order at approximately 7:03 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, C. Stephens, J. Beeson, G. Oliver, B. Gilman Commissioners absent: K. McDonald, R. Lambourn Staff /Liaison present: B. Frates, Parks S, Recreation Director A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Oliver MOVED to approve the agenda, including moving Item 6a to be heard at the beginning of the meeting, Commission Beeson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3 -a. February 7, 2011 3 -b. February 28, 2011 Special Meeting MOTION: Commissioner Beeson MOVED to approve the meeting summaries of February 7 and February 28, 2011 and Commissioner Stephens SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None. ITEM 6: NEW BUSINESS 6 -a. Discussion Dip Net Report -87- Director Frates reviewed the portion of the 2010 Dip Net Report (included in the packet) related to the Parks Recreation Department and noted proposed changes for the upcoming season. Gus Sandahl, Police Chief Reviewed improvements affecting his Department, including vehicular and shared use of another Ranger, as well as other significant matters related to the Report. Commissioner comments included: Appreciation of the report and efforts made by the City crews and staff. Suggestion other school groups and non profits could become involved with the fishery as potential fundraisers to support other school- related groups. ITEM 5: OLD BUSINESS 5 -a. Discussion Municipal Park Design Alternatives Frates provided a brief introduction of the project. Nancy Casey, Casey Planning and Design Casey reviewed Alternative No. 7 (a design based on public comments and Commission feedback provided at the February 28, 2011 Commission meeting) in detail and provided justification for each change. Commission comments included: Design No. 7 would solve the safety issues and concerns expressed from various Commission members and public. MOTION: Commissioner Beeson MOVED to present Alternative No. 7 to the City Council as a plan for the Municipal Park Playground Expansion Project. Commissioner Stephens SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6 -a. Discussion Dip Net Report Heard prior to Item 5 -a. 6 -b. Discussion Draft Park Study PARKS RECREATION COMMISSION MEETING APRIL 7, 2011 PAGE 2 -88- Director Frates presented and reviewed a draft park and open space study prepared by the Parks 8s Recreation Department staff and included park and open space acreage, associated amenities and park areas, maps, and history of the City's parks. Commissioner comments included: Add a fourth column to highlight undevelopable acreage to the table on Page 9 of the study. Appreciation for the work and effort involved in preparation of the study. Request the study, with changes discussed, be returned for further review of the Commission at its August meeting. ITEM 7: REPORTS 7 -a. Commission Chair No report. 7 -b. Director Frates reviewed the commission /committee information included in packet and reminded the membership of the April 21, 2011 joint work session and April 23, 2011 collaborative planning session, both related to the update of the City's Comprehensive Plan, 7 -c. City Council Liaison No report. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. August 4, 2011 (Identify if you are requesting an excused absence.) No members stated they would be absent from the August 4, 2011 meeting. ITEM 9: COMMISSION QUESTIONS COMMENTS Beeson Suggested portable indoor turf be considered for use at the Multipurpose Facility. ITEM 10: ITEM 11: MOTION: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. INFORMATION 11 -a. City Council Action Agenda Items from March 2 and 16, 2011. 11 -b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions 11 -e. Comprehensive Plan Update Flyer ITEM 12: ADJOURNMENT PARKS RECREATION COMMISSION MEETING APRIL 7, 2011 PAGE 3 -89- Commissioner Beeson MOVED to adjourn the meeting and Commissioner Stephens SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business to come before the Commission, the meeting was adjourned at approximately 9:28 p.m. Summary prepared and submitted by: Carol L. Freas, City Clerk PARKS RECREATION COMMISSION MEETING APRIL 7, 2011 PAGE 4 -90- 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d.. *Excused Absences Commissioner Navarre CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 13, 2011 7:00 p.m. 6 to 7:00 p.m. Work Session Outdoor Wood Burning Boilers 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 he no separate discussion of these items unless a Commission Ivlember so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *March 23, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Eileen Bechtol, /MCP, Bechtol Planning Sc Development. City of Kenai's Comprehensive Plan Update. 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. *PZ 1 1 -08 Home Occupation Permit Photography Studio for the property known as 516 Hemlock Avenue (Lot 8, Block D, Woodland Subdivision Part 1), Kenai, Alaska. Application submitted by Adelle Lines, 516 Hemlock Avenue, Kenai, Alaska. b. PZ10 -12 Conditional Use Permit 6 Month Extension Professional Offices 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision Chumley Repiat). Request submitted by F. Todd Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. Approval. -91- 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Quarterly Reports P &Z Resolutions Building Permits Code Violations b. Comprehensive Plan Update Meeting Notices 12 NEXT MEETING ATTENDANCE NOTIFICATION: April 27, 2011 13. COMMISSION COMMENTS QUESTIONS: 1A. ADJOURNMENT: [Type text] -92- ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. and led those present in the Pledge Allegiance. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Agenda Approval MOTION: Commissioner Romain MOVED to approve the agenda as presented and Commissioner Knackstedt SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: VOTE: There were no objections. SO ORDERED. CITY OF KENAI PLANNING ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 13, 2011 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1 -c. Consent Agenda *Excused Absences Commissioner Navarre S. Romain, H. Knackstedt, K. Koester, K. Rogers, J. Twait P. Bryson, T. Navarre (excused) City PIanner M. Kebschull, N. Carver, Planning Zoning Administrative Assistant, Council Member R. Molloy Commissioner Romain MOVED for approval of the consent agenda as presented and Commissioner Knackstedt SECONDED the motion. -93- *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: APPROVAL OF MINUTES 'March 23, 2011 Approved by consent agenda. ITEM :3: SCHEDULED PUBLIC COMMENT 110 Minutes) 3 -a. Eileen Bechtol, AICP, Bechtol Planning Development City of Kenai Comprehensive Plan Update. Eileen Bechtol, Homer Ms. Bechtol identified that she and her partner, Glenn Gray had been hired to assist the City of Kenai in preparing its Comprehensive Plan Update, gave an overview of her professional background, reviewed the rote of the Commission in the effort, and, outlined what would take place at the April 21, 2011 joint work session with the City's boards, commissions, and committees as well as the April 23, 2011 collaborative planning session. ITEM 4: CONSIDERATION OF PLATS None. ITEM 5: PUBLIC HEARINGS None. ITEM 6: UNFINISHED BUSINESS None. ITEM 7: NEW BUSINESS 7 -a. *PZ11 -08 Home Occupation Permit Photography Studio for the property known as 516 Hemlock Avenue (Lot 8, Block D, Woodland Subdivision Part 1), Kenai, Alaska. Application submitted by Adelle Lines, 516 Hemlock Avenue, Kenai, Alaska. Approved by consent agenda. 7 -b. PZ10 -12 Conditional Use Permit /6 -Month Extension Professional Offices 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision Chumley Replat). Request submitted by F. Todd Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. Approval. MOTION: Commissioner Romain MOVED to approve PZ10 -12, a six -month extension to Tract A, Papa Joe's Subdivision, Chumley Replat and Commissioner Rogers SECONDED the motion. PLANNING (t, ZONING COMMISSION MEETING APRIL 13, 2011 PAGE 2 -94- Romain Yes Knackstedt Yes Koester Yes Rogers I'es Navarre Absent Twait Yes Bryson Absent City Planner Kebschull reviewed her memorandum which was included in the packet, noting the following items: Code allows the Commission to grant time extensions to exceed six months. The applicant submitted a request for an extension in writing. A public hearing was not required. The original plans for the development had not changed. The applicant intended to begin site work during the spring and hoped to complete the project by spring of 2012. Staff recommended approval of the request for an six -month extension to the conditional use permit (PZI0 -12). VOTE: MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: PENDING ITEMS None. REPORTS 9 -a. City Council Council Member Molloy commented on the following items: He reviewed the April 6, 2011 Council Meeting action agenda which was included in the packet, noting actions and discussions that took place. He distributed a copy of Ordinance No. 2546 -2011, proposing to amend the Land Use Table related to the RR1 zone. Molloy explained, the ordinance had been introduced at Council and then postponed and referred to the Planning Zoning Commission to hold a work session and public hearing prior to returning the ordinance, with the Commission's recommendations for the Council's May 18, 2011 meeting. He added, a copy of the ordinance was being provided in order for the Commissioners to review it prior to the work session and if they would be contacted by the public prior to the work session. If the Commission believed it needed additional time for review of the ordinance, a request for additional time could be recommended to Council for its May 18 meeting. A budget work session would be held on Tuesday, April 19 beginning at 6:00 p.m. The City of Ken.ai's All- America City application was chosen as one of the 2011 finalists and noted the application was available on the City's webpage. 9 -b. Borough Planning No report. 9 -c. Administration Kebschull commented on the following items: PLANNING ZONING COMMISSION MEETING APRIL 13, 2011 PAGE 3 -95- Quarterly reports were included in the packet. Reminded all of the April 21, 2011 joint work session with other City boards, commissions and committees. Reminded all of the April 23, 2011 collaborative planning session to be held at the Kenai Senior Center and encouraged the Commission's participation. Referring to Ordinance No. 2546 -2011, she stated the ordinance was a legislative action and would not be considered ex parte contact if Commissioners were contacted by public. An example offered by Council Member Molloy of previous actions taken by the Commission was not a Title 14 issue and there were differences in processes and would be discussed at the work session. A brief discussion took place with comments including: A question of how the ordinance work in conjunction with the Comprehensive Plan and an explanation there were different opinions, i.e. the development of the comprehensive plan update could take up to two years, should action on the ordinance be delayed that long, etc. Concern there would not be enough time to review the ordinance in one work session, ITEM 10: PERSONS PRESENT NOT SCHEDULED (3 Minutes) Barry Eldridge, 2679 Bowpicker Lane, Kenai Commented on Ordinance No. 2546- 2011, noting his concern with the timeline provided; believed the ordinance shortsighted as it would not allow small business opportunities for residents in the zone; and, spoke in opposition to the ordinance. Mark Sehrag, 312 Princess Lane, Kenai Commented on Ordinance No. 2546- 2011., noting the neighborhoods (MAPS and 3W) had been working on the ordinance for a long time, believed the Comprehensive Plan Update and the ordinance were two separate issues; the neighborhoods worked with Kebschull and the City Manager collaboratively; and, the ordinance was being supported by both RR1 neighborhoods. Kristine Schmidt, 513 Ash Avenue, Kenai Commented on Ordinance No. 2646- 2011, noting until 1977, all the zones had very few conditional uses allowed; the City commercialized all zones with conditional uses with little public notice; the RR1 zone had the same treatment as any other zone; Ordinance No. 2546 -2011 would not prohibit every commercial use; and, requests for amending the zoning of the MAPS area had been before the commission for a year or more. ITEM 11: 11 -a. 11 -b. INFORMATION ITEMS Quarterly Reports P &Z Resolutions Building Permits Code Violations Comprehensive Plan Update Meeting Notices PLANNING ZONING COMMISSION MEETING APRIL 13, 2011 PAGE 4 -96- ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION April 27, 2011 Of those in attendance, there were no reports of planned absences. ITEM 13: COMMISSION COMMENTS QUESTIONS: Rogers No comments. Koester Stated her appreciation for the public comments; was aware the zoning issue had been around for a long time; was concerned with the turnaround timeline; and, wanted the Commission to give the ordinance its full review. Noted there would be a lot for the Commission to review at its work session and suggested the work session be held after the meeting. Commission consensus was to hold the work session following the meeting with a two hour limit. Knackstedt No comments. Romain No comments. Twait No comments. ITEM 14: MOTION: Carol L. Freas, City Clerk ADJOURNMENT Commissioner Koester MOVED for adjournment and Commissioner Rogers SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:55 p.m. Minutes prepared and submitted by: PLANNING ZONING COMMISSION MEETING APRIL 13, 2011 PAGE 5 -97- AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR. ITEM 4: APPROVAL OF MEETING SUMMARY a. January 11, 2011 b. February 8, 2011 Special Meeting ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESSS. ITEM 7: NEW BUSINESS Discussion Draft Park Study h. Discussion Volunteer Plant Day ITEM 8: REPORTS a. Committee Chair b. Parks Recreation. Director c. Kenai City Council Liaison ITEM 13: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE APRIL 12, 2011 7:00 P.M. CITY COUNCIL CHAMBERS ITEM 4: NEXT MEETING ATTENDANCE NOTIFICATION a. May 10, 2011 (Identify if you are requesting an excused absence.) ITEM 10: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD ITEM 12: INFORMATION a. City Council Action Agenda Items from March 2 and 16, 2011. b. Parks Recreation Commission Meeting Summary of February 7 and Special Meeting of February 28, 2011. c. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions d. Comprehensive Plan Update Flyer -98- KENAI BEAUTIFICATION COMMITTEE APRIL 12, 2011 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR TRICIA CANADY MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vi Chair Canady called the meeting to order at approximately 7:03 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Liai.son present: A quorum was present. ITEM 2: MOTION: M. Dimmick, L. Gabriel, T. Canady, S. Lovett, H. Schloeman C. Jung, P, Baxter Parks Recreation Director B. Frates AGENDA APPROVAL Member Dimmick MOVED to approve the agenda as presented and Member Lovett SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR The floor was opened to nominations for Committee Chair. MOTION: Member Lovett MOVED to nominate Peggy Baxter as Chair and Member Gabriel SECONDED the motion. There were no other nominations for Committee Chair from the floor, VOTE: There were no objections. SO ORDERED. The floor was opened to nominations for Committee Vice Chair. MOTION: Member Lovett MOVED to nominate Tricia Canady for Committee Vice Chair and Member Gabriel SECONDED the motion. There were no other nominations for Committee Chair from the floor. -99- VOTE: There were no objections. SO ORDERED. Vice Chair Canady continued as Vice Chair and the meeting proceeded. ITEM 4: APPROVAL OF MEETING SUMMARY 4 -a. January 11, 2011 4 -b. February 8, 2011 Special Meeting MOTION: Member Gabriel MOVED to approve the January 11, 2011 and February 8, 2011 meeting summaries and Member Schloeman SECONDED the motion. VOTE: There were no objections. SO ORDERED. (It was noted, the FY12 draft budget information related to Beautification had been provided to those members attending the January 11, 2011 meeting. There was no quorum for that meeting.) ITEM 5: PERSONS SCHEDULED TO BE HEARD None. ITEM 6: OLD BUSINESS None. ITEM 7: NEW BUSINESS 7 -a. Discussion Draft Park Study Parks Recreation Director Frates presented a brief overview of the Parks Open Space Draft Study prepared by the Parks Recreation Department. Frates noted it would be his goal to someday incorporate some of the beatification enhanced areas into the plan, i.e. flowerbed dimensions, tree locations, etc. No action was taken on the Study by the Comrnittee. 7 -b. Discussion Volunteer Plant Day Frates suggested June 4, 2011 as the Volunteer Plant Day and discussion of the Committee followed. Though two members would not be able to attend due to prior commitments, the Plant Day was scheduled for June 4. A brief discussion followed related to Committee volunteer duties: Member Schloeman was volunteered to facilitate the planting of Blue Star Memorial; Canady volunteered to plant the bed at the Leif Hansen Memorial Park sign; and Gabriel volunteered to assist with the planting of the Re -Max bed. ITEM 8: REPORTS 8 -a. Committee Chair No report. -100- BEAUTIFICATION COMMITT MEETING APRIL 12, 2011 PAGE 2 8 -b. Parks Recreation Director Frates reported the following: The interview process for summer maintenance positions was going well. A job description for the summer garner position had been drafted. The Director and Groundskeeper would be attending a pesticide certification class April 14 and 15, 2011. Reminded the members of the joint strategic planning work session with Boards, Commissions, and Committees scheduled for April 21 and provided a packet of information to the members to review prior to the work session. 8 -c. ITEM 9: 9 -a. Kenai City Council Liaison No report. NF3T MEETING ATTENDANCE NOTIFICATION May 10, 2011 (Identify if you are requesting an excused absence.) No intended absences were identified. ITEM 10: COMMITTEE MEMBER QUESTIONS AND COMMENTS None. ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 12: INFORMATION 12 -a. City Council Action Agenda Items from March 2 and 16, 2011. 12 -b. Parks Recreation Commission Meeting Summary of February 7 and Special Meeting of February 28, 201.1.. 12 -c. 3/ 10/2011 Memoranda/ Amendment to City Code Regarding Boards, Committees and Commissions 12 -d. Comprehensive Plan Update Flyer ITEM 13: ADJOURNMENT MOTION: Member Lovett MOVED for adjournment and Member Schloeman. SECONDED the motion. VOTE: There were no objections. There being no further business before the Committee, the meeting was adjourned at approximately 8:55 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk -101- BEAUTIFICATION COMMITTEE MEETING APRIL 12, 2011 PAGE 3 Carol Freas From: Hal Smalley [hvsmalley @yahoo.com] Sent: Wednesday, April 20, 2011 7:40 AM To: Carol Freas; hvsmalley @yahoo.com Subject: Assembly meeting 4/19/11 Assembly Report: The business meeting began at 3PM in the Seward City Council Chambers. The Finance, Lands, Policies and Procedures, and Legislative Committees discused the Ordinance up for public hearing, the five resolutions dealing with bid awards for road projects, three resolutions on the consent agenda and the five ordinances for introduction at future meetings. The only other business to discuss were the two appointments to the Cooper Landing Advisory Planning Commission. During the evening meeting the following items were discussed, debated and passed by unanimous consent: A. Ordinance 2010- 19 -39- Appropriating 5750,000 from the Central Peninsula General Hospital Plant replacement fund and expansion fund for improvements renovations for a physician coming on staff this summer and for code upgrades to said building B. Resolution 2011 -039- Waving good cause date of Feb. 15, 2011 deadline for Senior Citizen and Disabled Veteran exemption applications on property taxes. This was pulled from the consent agenda for discussion, was tabled to the May 3rd meeting when additional information on the applications will be presented for the Assembly to take a position. These were the action items at the meeting. Attached is a copy of the action agenda. Should you have any questions concerning the meeting, agenda, please do not hesitate to contact me. At the May 3rd meeting MAyor Carey will present his Fy 12 budget document. The Assembly will discuss, make possible amendments to said budget During the MAy 3rd and 17th Assembly meetingsand will approve the budget and set the Mill rate at the June 7th Assembly meeting. Another meeting of importance open to the public will be April 26th at the Assembly Chambers and will be the final Central Peninsula General HOspital Task force to discuss what if anything should occur with the hospital regarding participation in a joint venture with a for profit or not for profit entity, potential sale of the hospital, or continue to operate the hospital as a borough owned and leaced facility. At the conclusion to the meeting the task force will be making a recommendation to the Assembly as to possible action. Hal Smalley 907 283 -7469 hvsmallev(ri,vahoo.com REPORT OF CITY MANAGER 102 43961 K -Beach Road, Suite E Soldotna, Alaska 99669 (907) 260 -9436 a fax (907) 260 -9438 infona ucida.or+ Date: April 4, 2011 United Cook Inlet Drift Association Addressee: Rick Koch Kenai City Manager 210 Fidalgo Avenue Kenai, AK 99611 RE: Dear Rick, The UCIDA Board of Director's would like to thank you for attending and testifying at the recent meeting of the North Pacific Fisheries Management Council NPFMC). As a commercial industry, we appreciate your participation with both the Alaska Board of Fisheries and NPFMC meetings. As you are aware, these regulatory and management agencies can be interesting and a challenge to work with. Once again, thank you for your efforts to support our industry. Sincerely, 4\ -0 Roland Maw, PhD UCIDA Executive Director ams Testimony -103- Dear Mr. Koch, Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Amy Manuel Special Assistant to Mayor Carey Cc: Mark Dixson. Kenai Peninsula Borough Julie Cisco, Kenai Peninsula Borough Craig Chapman, Kenai Peninsula Borough Dr. Steve Atwater, KPB School District Tim Peterson, KPB School District Ryan Smith, Central Peninsula Hospital Bob Letson, South Peninsula Hospital Larry Semmens, City of Soldotna Walt Wrede, City of Homer Phillip Oates, City of Seward 01241 PENINSU BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 Toll-free within the Borough: 1- 800- 478 -4441 PHONE: (907) 262 4441 e FAX: (907) 262 -1892 www,borough.kenai.ak.us -TOF I(�y Received APR t 2201? -104- DAVID R. CARE BOROUGH MAYOR April 8, 2011 I write to you on behalf of Mayor Carey, asking for your participation in a future group known as the "Kenai Peninsula Borough Health Insurance Working Group." This group is being created in response to a request from KPB Assemblyman Bill Smith of Homer to President Gary Knopp to Mayor Carey. The Working Group will discuss employee health insurance plans currently used by local city governments, hospitals and the Kenai Peninsula Borough and School District. With your help, the Group hopes to explore the many facets of these plans in an effort to find a more economical health insurance plan for all parties involved. Your participation will be greatly appreciated. The details for the group's first meeting will be determined in the near future and I will forward them to you as soon as possible. Please contact Mayor Carey at 714 -2150 or dcarey if you have any questions or concerns. Thank you, the u# KENAI, ALASKA KENAI COMMUNITY LIBRARY MONTHLY REPORT APRIL 2011 Because the library was closed for three weeks in. March we don't have much in the way of OUT usual scintillating statistics to offer. T am including photos from our move here for those of you who missed our transition to the new library space. The library closed at the end of the day on Sunday, March b. By Monday morning the entire staff was dedicated to begin the moving process. The move had to be almost choreographed in order to work with volunteers, library staff, and city staff and around the Blazy construction crew. First the plywood wall came down so that we would be able to easily move book carts and furniture to the other side. At times it was like a three ring circus in the building as the contractor worked on the remodel of the "old" library. While staff began moving desks and offices, the construction crew was tearing down walls. By Saturday, March 12 we were ready for volunteers. The move began at 9 a.m. and we all worked until 4 p.m. The building was a beehive of activity. The Friends of the Library provided coffee and donuts as well as sandwiches for lunch. Team Depot from Home Depot carne in Saturday morning and their store manager stopped by to check out the action too. The team. from Lowes came in the afternoon. A few other hardy souls came to help including two high school students using our move as their senior project. The City Manager came by to cheer as on. By day's end, most of the books had been moved to the "new side." During the following weeks, we continued to move books. Approximately, one third of our collection is still located in "storage" in the old building. These books will be sporadically available to the public with staff assistance, since they are located in the center of the construction zone. Some books were packed in boxes until we have the "whole" library. All of the great private study spaces in the new building have been usurped by staff as temporary offices or for storage. The Brown Bears and city staff helped move furniture out of the way. The activity and work continued with many volunteers assisting us in moving the books to better arrange them and with labeling. We kept Northern Technology busy installing all of our computer equipment so that we were up and functioning by opening on Monday, March 28. The period between now and when the project is completed will be slightly painful for all. We do not have as many computer stations for the public, although we do have our in -house laptops to loan which can be used on the wireless network. Our permanent children's room and staff offices will be back in the old building so in addition to taking over public space for staff, we created a temporary children's area with a reduced collection. Our exterior book drop is currently unavailable so that books can only be returned when we are open. It is simply not safe for staff to work their way through the construction to retrieve books from that area at this time. With a little patience, we will all get through this phase. -105- h e ccy n' KENAI, ALASKA TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: April 13, 2011 RE: Mid -month Repo PARKS RECREATION MID -MONTH REPORT MARCH 2011 The 2010 -11 ice season came to an end on March 20 with a total of 24.5 hours for the month of March, Overall the season went extremely well. Two noted maintenance items need to be addressed and are included in the upcoming draft budget. First, the remaining refrigeration control panel needs replaced; and secondly, one of our glycol pumps needs rebuilt. The Director has been busy working on a draft park study for the Parks Recreation Commission. Report includes an inventory of Kenai's park system, including amenities for each area along with maps. The Director and Groundskeeper will both be attending a two -day Pesticide Certification Class beginning Thursday, April 14 The department has been busy interviewing candidates for the upcoming maintenance season. Approximately 70 applications were received and to date a total of 25 interviews conducted. Grooming efforts have been discontinued at the Kenai Golf Course and equipment returned to City yard. A park bench was recently purchased through our Adopt -A -Bench Program and is scheduled to be located somewhere at the end of South Forest Drive. To: Rick Koch, City Manager I t ,From: Terry Eubank, Finance Director Date: April 14, 2011 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT April 2011 The past month has been a busy one with much of the department's focus on the preparation of the FY2012 Budget and proposed changes in the City's health care. The Council will received its first draft of the FY2012 budget on April 8 and copies are available on the City's website. A works session is scheduled for April 19 to discuss the budget with the Council. The department has initiated acceptance of credit cards for water and sewer service and animal control fees. The financial system has been modified to accommodate credit cards and the City is working to switch online providers for water and sewer payments. Finance is working with Vintage Pointe staff to amend rental agreements to match the rental fee schedule set by Council and to allow the acceptance of credit cards for rents. Finance issued an RFP for collection services, reviewed the responses, and is preparing to negotiate a contract with the highest ranked provider. A resolution authorizing the City Manager to negotiate and sign the contract is before you at this Council Meeting. Insurance renewals are due this month and I am expecting another good renewal year. There is a bit of uncertainty surrounding the losses in Japan due the earthquakes and resulting tsunamis. Additional information will follow as the renewal is finalized. Airport Improvement Program: April 2011 Airport Manager's Report Apron Rehabilitation: Winter shutdown. Start up meeting scheduled later this month. Float Plane Basin Facility Improvement Project: Wince- Corthell -Bryson is working on the design. Master Plan City Administration is working on a scope for this project FAA Grant Funds: The City has received the grant offers for 2 new pieces of snow removal equipment and the Wildlife Hazard Assessment. On- Airport Car Rental Concession: Advertising for the rental car concession starts on Thursday, April 14`". There will be a prebid meeting on Friday, April 22 with bids due Friday, May 13'". The new concession agreements will be for 5 years starting June 1, 2011. Airport Emergency Plan (AEP) The new AEP was officially approved by the FAA on March 15, 2011. This is the 1st approved plan in the State! Thank you to Fire Chief Mike Tilly and Erica Shinn, Airport Administrative Assistant, for their contribution to this effort. Float Plane Basin Fuel Pump The new fuel pump was installed the weekend of April 9` The Finance Department is currently working on the credit card operating system, which will be followed by staff training on the new software. Lease Lot Inspections: The Airport staff completed inspections of all lease lots within the airport reserve and findings were reported to City Administration. The Assistant to the City Manager is reviewing the leases along with the inspection reports and notifying lessee's of any deficiencies that need to be corrected to bring both the lessee and the Airport into compliance with the lease terms and grant assurances. 2011 Kenai Peninsula Air Fair: The poster and t -shirt design have been completed and both should be available for Airport staff to take to the Fed Ex/Alaska Airmen's Trade Show the end of this month. Erica has collected some very nice poker run prizes. The Committee is having their first meeting on Thursday, April 14 at 4p.m. Everyone is welcome to participate. Again the event is Saturday, June 4, 2011, if you can volunteer please contact Mary or Erica. 2011 -04 -108- s \O eke rr`fvof KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: April 9, 2011 Total March Meal Count 2011 Served: Total. Congregate Meals Served: 1,341 Total Home Meals Served: 2,019 Total March Meal Count 2010 Served: Total Congregate Meals Served: 1,227 Total Home Meals Served: 1,548 We were rented twice in March. There were 866 volunteer hours for March, KENAI SENIOR CENTER —109— APRIL Our March for Meals fundraiser was a wonderful success. Revenue will be donated to the home meal program. Director will submit a grant to the Meals on Wheels Association for a match as well as the Feinstein Foundation at the end of this month. 15 seniors had appointments for assistance with Medicare, Medicaid, insurance, and heating and assistance issues. 35 people accessed social security video and the representative this month, Our wellness program is booming. Seniors are really participating in health classes, exercise programs offered. 11 seniors participated in our Diabetic management class, This is an ongoing monthly group that provides valuable insight, information, supports one another and follow -up on managing your diabetes. Tai -Chi class is growing with 14 seniors participating in the month of March. 21 seniors participated in our "Growing Stronger" weight resistance class and we had 13 seniors participate in the aerobics class, 7 senior women participated in the line dance program, and 10 senior participated in the bell ringing class. We have had two volunteer senior men and a MASST worker teaching computer classes. Each participant attends one hour of lecture and one hour of lab where they are assisted individually if needed. 27 seniors have participated in this 6 -week class. We have seen increased participation with programs that offered as well as the same seniors staying and having lunch. The director attended an NTS workshop that demonstrated outcome measures and indicators that reflected success of the program. The state program coordinators are looking at what our programs offer besides the lunch meal and if programs are successful at drawing new seniors into our program. We collect a lot of data to assist us in providing information to the state. Over the past year, the `nutrition education," program we offer has increased significantly. POLICE DEPARTMENT MID -MONTH REPORT March 2011 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 4113111 SUBJECT: Police Communications Department Activity March 2011 Police handled 505 calls for service (down from 526 in March 2010). The Communications Center received 228 emergency 9 -1 -1 calls (123 from cell phones). Communications personnel handled 3,043 administrative phone calls during the month of March. Officers made 36 arrests and wrote 206 reports. Traffic enforcement resulted in 145 warnings, 40 speeding tickets, 19 seatbelt tickets, 20 citations for equipment violations, and 31 citations for "other" traffic violations. There were 6 DUI arrests (one felony). Police investigated 10 vehicle crashes (0 injury crashes). None of the crashes involved a moose. One of the crashes involved an intoxicated driver, who was arrested for DUI. On March 1, SRO Langseth facilitated career day for two students. The students had a fulfilling day, which inciuded visits to the Court House, Wildwood Pre -Trial Facility, and firearms range. In the schools, SRO Langseth handled 5 criminal investigations. He presented 27 DARE lessons to KMS 7 graders. He also presented to KCHS students on medication abuse, synthetic marijuana, and alcohol risks. Lt. Ross led an interview team through hiring interviews to fill two police officer positions. We currently have finalists going through the fin& stages of the process. We are also going through the hiring process for 4 SEO positions. We ordered the F -150 for SEC's, and are hopeful it will arrive in May or June, in enough time for the City Shop to install accessories prior to the start of the dipnet fishery. On March 1, Officer Smith attended control tactics instructor training in Kodiak. On March 12, Officer Tuttle and Officer Russell attended a two -day course in Soldotna called Advanced Roadside Impairment Driving Enforcement (ARIDE). On March 14, Officer Cushman and Officer Hamilton attended a three day interview course in Anchorage. -110- fire ,J4 'of KUIM,AALRSKA Community Involvement Projects: ANIMAL CONTROL March 2011 D -MONTH REPORT 2011 2010 2011 2010 STRAY 83 63 ADOPTED 34 44 Dogs 57 47 Dogs 16 33 Cats 26 16 Cats 17 9 Other Animals 0 0 Other Anim als 1 2 RELEASED BY OWNER 45 50 CLAIMED 14 10 Dogs 25 32 Dogs 14 9 Cats 19 16 Cats 0 1 Other Animals 1 2 Other Animals 0 0 D.O.A. 10 0 EUTHANIZED 78 58 Dogs 4 0 Dogs 52 37 Cats 5 0 Cats 28 21 Other Animals 1 0 Other 0 0 TOTAL ANIMALS 138 113 Other Disposition 0 1 Borough Animals 46 42 Field Investigations 71 90 Total Dogs 86 79 Volunteer hours 102 92 Total Cats 50 32 Total phone 706 641 Total Other 2 2 Kennel Permits 0 0 3/19/2011 At our Annual Vaccination CIinic we provided 311 free rabies vaccin.tatiern.s and 90 lone cost Distemper /Parvovirus vaccinations to local citizens. lire dly of KENA ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: April 13, 2011 SUBJECT: Mid Month Report; Public Works Department Public Works Operations: Streets Department is sweeping streets, sidewalks, curbs and grass, cleaning out drains, and inspecting gravel roads. Water Sewer has been working on keeping lines thawed and systems in operation. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010 WCB worked on RFPs for Storm Drain oil /water seperators and for completing the paving at the south end of the project. This project will have a change in Davis Bacon Rates before May 20, 2011. Construction will be underway around June 1, 2011. WCB will schedule a meeting this month for all parties to discuss remaining work in May and June. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince- Corthell- Bryson for this project scope of work is being reviewed. Kenai Municipal Airport Floatplane Basin Development Phase 1. WCB is working on preliminary design of Basin overflow piping. WCB recommends all the Utilities will require a design budget to get started. A meeting was held on April 13, 2011 to discuss the utility routing and for utilities to provide a written estimate for the design and installation costs. Fourth Avenue Culvert Replacement Closed out. PUBLIC WORKS DEPARTMENT APRIL 2011 REPORT Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances. The gratings and walkways are installed. Only minor punch list items are remaining. Recreation Center: The upstairs flooring replacement project. Materials have been ordered and are enroute. LED Streetlight Installation 2011 Invitation to bid is on the street with bids due on April 26' and council award scheduled for May 4 This project will replace up to 22 Metal Halide fixtures with energy efficient LED Fixtures. -112- the city of KEKA ALASKA The status of the projects is as follows: Kenai Community Library Expansion Project Construction is underway on the remodel area, with construction scheduled for completion in mid to late June. Water Treatment Facility (Arsenic Ground Water Study) —Bids were opened on April 13 and five bids were received. The resolution to award is scheduled for Council action on April 20 to G& S Construction. Multi Use Facility Lighting Upgrade Grant close out documents have been submitted and project closeout is near completion. Water and Sewer Rate Study Update Project Closeout is underway. Toaiak to Beaver Loop Water Extension Project —The project was awarded to North Star Paving and construction at the April 6`" council meeting. Personal Use Fisheries Capital Project Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction completion scheduled for summer use. The replacement bridge for the trail is on site with installation scheduled for early this year, a $25,000 is available from US Fish and Wildlife for the project agreement paperwork has been sent to US Fish and Wildlife, Vintage Pointe Water Damage Project Substantial completion inspection completed, change order documentation and contract close out are under way. Baron Park Drive (Kenai: Various Road Improvements)— SWPPP was has been approved by DOT; Preconstruction meeting was held on March 21, clearing will be complete prior to May 1. Main Street Reconstruction Boring occurred in mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. Preliminary design cost estimate have been received. Central Heights Roadway Lighting Storm Water Improvements Boring began on October 12`" concurrent with Main Street Reconstruction Boring. Work on the geo -tech report is complete. Marathon Park Phase 1 (Daubenspeck Family Park) —The restroom construction contract was awarded on December 15 to Cornerstone Construction LLC, with construction completion scheduled for summer use. Construction documents for the parking lot and lighting are 95% complete. -113- CAPITAL PROJECT MANAGER MID -MONTH REPORT April 2011 the u of KENALAALLASKA FIRE DEPARTMENT MID -MONTH REPORT April 2011 The current focus in the Fire department, as it has been for the last few months, has been training the new employees, All three employees are taking a basic aircraft rescue firefighting course at the Beacon Training Center. This curriculum will give them the general knowledge to work safely in the event of an aircraft crash. Future trainings will be in the advanced class where they will gain the knowledge of tactics and strategies for aircraft emergencies and also setting up initial attacks and incident command functions. These two classes are crucial to the development of these firefighters. Presently the Fire Marshal, and the building official, are at the State of Alaska Fire Marshal's forum in Anchorage. This is a yearly function where peers come together to work on state wide and local issues dealing with current building codes and trends, Chief Tilly attended the Disaster Preparedness conference in Anchorage that was sponsored by FEMA. Numerous community leaders and emergency workers from around the state were in attendance. The focus was to help better prepare communities for natural or manmade disasters and also how to deal with them after an event occurs. Last fall our department hosted a tsunami drill where we simulated a tsunami that impacted the bluff area and the mouth of the river. The National Guard, our local CERT team, Kenai Peninsula Borough and our fire department worked together in this drill, The National Guard thought it was such a good idea, they want to fly our CERT team members to Kodiak to put on a similar drill. Two members will be traveling out at the end of the month to a pre -build conference for the new ambulance. We expect the build time to be still 120 days so possibly this fall we will have it in the bays. The department is working hard to prep for summer. Preparations to the rescue boat continue and we are awaiting the delivery of the Polaris Ranger. Both of these vehicles will be important to the residents and the visitors to our community. Call volume for the department has been on par with years past and we will be closely with State Forestry this spring to monitor the wild land fire conditions. -114- TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: April 13, 2011 SUBJECT: Quarter ending March 31, 2011 Investment Report FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT March 2011 City of Kenai Investment Portfolio At March 31, 2011 the City had investments with a market value of $23,132,284 that is down from $23,340,335 at December 31, 2010. The City's portfolio is yielding 0.87% that is down from 1.30% at December 31, 2010. The portfolio's yield is down due to maturing of some older higher yielding investments and reinvestment at lower rates. The portfolio is also experience some devaluation as interest rates are beginning to rise. As rates rise, current investments which are at lower rates see their value decline. The lower value is only realized if the investment is sold prior to maturity. The philosophy in place is to hold investments until maturity thus never realizing gains and losses due to changes in interest rates. City's Investment Portfolio US Agency Securities 15,369,720 AML Investment Pool 30,072 Wells Fargo Money Market 6,313,836 Bank Balance 1,418,656 Total S 23.1 32.284 Airport Permanent Fund Investment Portfolio The first quarter of 2011 saw gains in the equities markets with positive returns for the fund. For the quarter, the portfolio returned 3.44 Since inception the portfolio has eamed 14.16 General Land Sale Permanent Fund On April 6`" $2,526,702 was transferred from the City's investment portfolio to the portfolio managed by Alaska Permanent Capital Management to be invested with the City's Airport Permanent Fund. -115- Cash Cash Equivalents Wells Fargo Checking 1,418,656 0.01% Wells Fargo Secured Money Market 6,313,836 0.15% FDIC Insured Certificates of Deposit 0.00% Alaska Municipal League Investment Pool 30,072 0.01% Total Cash Cash Equivalents 7,762,564 0.12% Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio Investment Portfolio Purchase Price Investment Portfolio Fair Value 6/30/10 Fair Value Adjustment 6/30/10 Fair Value Adjustment 06/30/10 Cummulative Change in Fair Value CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY March 31, 2011 23,261,681 23,252,667 (9,014) (140,688) 4(�1 9,702} -116- 512,000,000 $8,000,000 54,000,000 50 23,132,284 Portfolio Liquidity arch 31, 2011 Fair Market Current Value Yield 1,001,330 8,455,590 5,912,800 15,369,720 Average Yield 1.75% 078% 1.83% 1.25% 0.87% Liqulaity20% Minimum Maturity 1 .2 years Maturity over 2 years 30% Maximum GPolicy MlnimumiMezimum ®Actual I CITY OF KENAI INVESTMENTS 3/31/2011 SECURITY CUSIP FHLMC 2.0 4/27/12 3128X8XS6 FHLB 0.625 7/13/12 Step 3133702R8 FHLB 0.754/25/13 313371CF1 FHLMC 0.852)8/13 3134G12L7 FHLMC 1.7011/16/15 3134G1)6/1 FNMA 1.75 7/28/15 Step 7/11 to 2.0 3136FMV92 FNMA 1.75 7/27/15 Step 7/12 to 2.2: 3136FMX90 FNMA 0.625 1/18/13 Step 7/11, 1/12 3136FP2S5 FNMA 0.55 11/1/12 31398A5134 FNMA 1.7511/17/15 31398A5T5 FNMA 076 12/5/12 31398A6N7 TOTAL 15,499,116.37 CITY OF KENAI Investments 03 -31 -11 COK Current year cost or 06/30/10 03/31/11 Unrealized Gain EFFECT. DATE DATE original cost Market Value Market Value or Loss RATE PORCH. DUE 999,989 990,976.00 981,234.80 (9,741.20) 2000 2/22/2010 4/27/2012 501,436 501,435.63 500,045.00 (1,390.03) 0.500 11/10/2010 7/13/2012 1,998,333 1,998,333.33 1 ,989,08000 (9,253.33) 0.830 11/10/2010 7/13/2012 1,000,814 1,000,613.89 957,580.00 (3,033.89) 0.850 3/4/2011 2/8/2013 1,998,500 1,998.500.00 1.948,520.00 (49,980.00) 2.002 11/16/2010 11/16/2015 1,000,000 1,000,000,00 1,001,330.00 1,330.00 1.750 7/28/2010 7/28/2015 2,000,000 2,000,000.00 2,010,52000 10,520.00 1.750 7/27/2010 7/27/2015 1,000,000 1,000,000.00 996,950.00 (3.050.00) 0.063 1/18/2011 1118/2013 2,000.244 2,000,244.44 1,993,400.00 (8844.44) 0.550 11/9/2010 11/1/2012 2,000,000 2,000,000.00 1,953.760.00 (46,240.00) 1.750 11/17/2010 11/17/2015 1,000,000 1,000,000.00 997,30000 (2,700.00) 0,750 12/6/2010 12/6/2012 15,490,103 15,369,719.80 (120,383.49) 1.204 -117- Fixed Income Cash Cash Equivalents Wells Fargo Secured Money Market 53,097 271,956 502,259 108,993 0.15% Total Cash Cash Equivalents 53.097 271,956 502,259 108,993 Government Corporate Securities Government Securities 4,621,118 4,772,025 5,119,684 5,582,048 2.76% Corporate Securities 3,345,929 3,408.195 3335,028 3,545,812 5.57% Total Government Corporate Securities 7,967.047 8,180,220 8.454.712 9,127,860 393% Total Fixed Income 8,020,144 8,452,176 8,956.971 9,236,853 3.61% 42.98% 45.00% 65.00% Equities Domestic Equities Standard Poors 500 Index 4,150,321 5,039,068 5,118,402 5,396,810 21.24% 20.00% 25.00% Standard Poor's 600 Small -Cap Index 946,367 815,560 945,023 1,015,275 5.39% 5,00% 1000% Standard Pool's 400 Mid -Cap Index 2,098,396 1,885,323 2,135,115 2.213.374 10.61% 10.00 0/ 15.00% Total Domestic Equities 7,195,084 7,739,951 8,198,540 8.625,459 37.24% 35,00% 50,00% International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities Total Portfolio 19,060,453 20,701,251 21,909,110 22,861,550 $.44% 100,00% 100.00% 150.00% 20.00% 15,00°/ 10, 5.00 0. 15.00 00.00 25,00% FvaE Income S &Poor'. 504 SWyWLLS Won, 00061utlatltPoo,04W Vnmperd Europa V Ndoo &nSSCeelrbv MibGPlaux P.o*o 500 Mu Current Mann current 10Faltl000 0,30% 344% Be0,00,m04' 0,39% 1 341% CITY OF KENAI AIRPORT PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY March 31,2011 Current or Current Fair Market Value Average Portfolio Target Portfolio 30Jun -10 30.Sep-10 31 -Deo-10 31- Mar -11 Yield Weight Weight Maximum 1,189,087 2,166.337 2,268,629 2,234,347 1,834,985 1,422,898 1,506 970 1,532.135 3.024.072 3,589,235 3,775,599 3,766,482 821,153 919,889 978,000 1.032,756 821,153 919,889 976,000 1,032,756 11,040,309 12, 249.075 12, 952,139 13.424,697 Portfolio Composition aowonf Porlldro Vlach( iiepol Pof11N4 10&90 0Mmlmum 00,00100 Welp5l Portfolio Performance -118- 1070% 10.00% 15.00% 5.71% 5.00% 10,00% 1641% 15,00% 25.00% 3.37% 5.00 10 .00% 3,37% 5.00% 1000% NcepOon to Rate 14.10% 144356 LJ S T A i N A B L E i F b'i'sSTlvj. r:NT TH r.NKE Nc:; April 11, 2011 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; Enclosed is our March 2011 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions, As this report coincides with the end of a calendar quarter, performance data is included. At month -end, the market value of the portfolio was $22,661,550. Based upon the composition of the portfolio, the annual cash flow would be $314,106. Our monthly commentary is attached. Please let me know if we can help in any way. Sincerely, Bert Wagnon Senior Vice President -119- sent via email ALASKA' APCM CAPITAL MANAGEMENT -120- o U m E 0) 0) 0) 0) v 0 O `u T. 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N N N N N M M M M M M M M M M M: M M M M M U O O O 0 0 O O O O O O o 0 0 O Al, KE N ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 14, 2011 Subject: Quarterly Financial Report FINANCE DEPARTMENT QUARTERLY EXPENDITURE -128- REPORT March 2011 Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water /sewer fund as of March 31, 2011. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through March. The first calendar quarter 2011 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of April or early May. State and Federal is below budget in all funds because of PERS aid. The State doesn't actualiy give us any money. Instead they make an `on- behalf' payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non Departmental department is way under budget. At year -end we will record revenue and expenditures for these items. REVENUES Appropriation of Fund Balance Taxes Llcenses/Perntits and Ambulance State/Federal Dock/Multipurpose/Miscellaneous Fines and Forfeitures Interest and Miscellaneous Transfers/Central Admin Fees Total Revenues gXPENDITURES TRANSFERS General Government 01 City Clerk 11 Legislative 12 Legal 13 City Manager 15 Finance 16 Land Administration 18 Non Departmental 19 Planning and Zoning 20 Safety Total General Government Public Safety 21 Police 22 Fire 23 Communications 29 Animal Control Total Public Safety Public Works 31 Public Works Administration 32 Shop 33 S,reets 34 Buildings 35 Street Lighting 36 Dock Total Public Works Parks and Recreation Culture 03 Visitor Center 40 Library 45 Recreation 46 Parks 47 Beautification Total Parks and Recreation Total Operating Expenditures Transfer to other funds Senior Citizen Multipurpose Lighting Upgrade Capital Project Comprehensive Plan Projects Alternative Energy Project Library Expansion Project Debt Service Fund Other non- operating Total Transfer to other funds Total Expenditures Transfers Net Revenues over(under) Expenditures FY2010 Actual 8,163,558 347,112 1,570,053 167,986 212,992 753,984 1.176,971 12,392.656 214,696 186,439 261,312 241,268 391,577 "8,521 746,509 213,099 3416 2.254 837 2,674.270 2,041,658 884,389 281 233 5,681 548 211,573 530,704 815,046 381,238 112,557 119,440 2,150,658 143,748 640,587 385,800 360,725 122,569 1.653 427 11.740.470 149,229 25,000 7,500 181,729 11 922 199 470,457 Quarterly General Fund Expenditure Report For Quarter Ended March 31, 2011 Original" FY2011 Budget Note: The original budget includes outstanding encumbrances at 6/30/2010, 565,880 5,710,913 381,000 1,068,209 194,000 188,500 770,285 ,262.000 13 149 787 214,117 187.918 265.853 275,572 431,015 20,800 878,389 234,329 8 760 2,516,753 2,660,214 2,141,510 707,751 311,033 5.820 508 222 58' 632,565 925,063 539,674 163,408 134.244 2,617.535 193,977 207,777 651,794 659,094 411,174 411,214 405,484 408,944 110,593 110,593 1,773,022 1797,622 t 2.727.878 13182,176 118,546 118,546 70,000 90,000 133,423 1 000 412,989 13.140.787 -129- Amended Budget 1,197,246 8,710,913 381,000 1,143,237 229,000 212,464 759,285 ,262,000 13,895,145 219,067 189,127 268,963 286,523 427,806 30,100 1,007,821 234,384 8 760 2 673.551 2 722 881 2,339,003 707,751 311 033 6,080.458 222,581 832,565 925,063 539,674 163,408 147,244 2 630,535 70,000 90,000 300.000 133,423 1,000 712,969 13895,145 YTD Actual Variance 443,388 (753,860) 6,071,329 (2,639,584) 314,449 (66,551) 836,315 (306,922) 174,284 (54,716) 199,483 (12,981) 432,330 (325,955) 935,925 (326,075) 8 9 408,501 14,486.644.1 147,956 71,111 129,660 59,467 188,382 81,581 194,782 91,741 297,931 129,875 21,887 8,213 538,747 469,074 165,791 68,593 1 375 7,385 1,686,511 987,040 1,877,370 1,683,892 511,223 232,239 4.30€.724 142,255 370,050 595.623 399,052 74,630 57.135 1,638,745 155,644 448,032 312,126 260,476 45,247 1,221 525 8 851 505 73,573 50,000 300,000 133,423 556 996 9 406.501 3 845,311 655,111 196,528 78.794 1775,744 80,326 262,515 329,440 140,622 88,778 90,109 52,133 211,062 99,088 148.468 65,346 576,097 1s 37.03% 09.70% 82.53% 73,15% 76.11% 93.89% 57.07% 74.16% 67.71 32.46% 31.44% 30,22% 32,02% 30.36% 27.29% 46.54% 29.27% 84 30% 36.92% 31.05% 28.01 27.77% 25.33% 29.20% 36,09% 41.50% 35,61% 26.06% 54.33% 81.20% 991 790 37.70% 25.09% 32,02% 24.10% 36.31% 59.09 32.05% 4,330 671 32.85% 44,973 37.94% 0.00% 20,000 28.57% 90,000 100.00% 000% 0.00% 1,000 100.00% 155,973 21.88% 4.486,644 32 29% REVENUES Appropriation of Fund Balance State /Federal Interest, Leases Fees Terminal Revenues Landing Fees Transfers In Total Revenues EXPENDITURES TRANSFERS Terminal Area Airfield Administration Other Buildings Areas Training Facility Total Expenditures Transfer to other funds Airport Improvement.Capital Projects Courthouse Parking Capital Project Total Transfer to other funds Total Expenditures Transfers Net Revenues over Expenditures FY2010 Actual 64,935 774,275 568.493 221,188 291,937 1,920,828 2 612,657 507,768 1,553,326 282,024 478,944 164,138 2,986,200 64,376 291.250 355,626 Quarterly General Fund Expenditure Report For Quarter Ended March 31, 2011 Original* FY2011 Budget 129,910 28,540 628,300 584,500 272,250 969,157 545,952 1,555,481 259,735 171,489 80 000 2,612,657 3,341,826 2.612,657 (1,420,998) Note: The original budget includes outstanding encumbrances at 6/30/2010. -130- Amended Budget 264,346 28,540 628,300 584,500 272,250 1,000,976 530,952 1,570,481 259,735 274,489 80.000 2,715,657 YTD Actual 596,215 552,223 384,721 204,550 86,556 324,985 1,045,717 158220 197,793 34.305 1 761,020 63,255 63255 63,255 63.255 2,778,912 1,824,275 Variance 331,869 (28,540) (76,077) (199,779) (67,700) (914,410) 205,967 524,764 101,515 76,696 45 695 954,637 225 54% 0.00% 87.89% 65.82% 75.13% 8.65% 2,778, 1.824.275 65 38.79% 33.41% 39,08% 27.94% 57.12% 35.15% 0.00% 0.00% 0.00% 954,637 3435°/ REVENUES Appropriation of Fund Balance State /Federal Water /Sewer Fees Penalty and Interest Interest and Miscellaneous Total Revenues EXPENDITURES TRANSFERS Water Sewer Wastewater Treatment Plant Total Expenditures Transfer to other funds Water Sewer Capital Projects Total Transfer to other funds Total Expenditures Transfers Net Revenues over Expenditures FY2010 Actual 103,506 56,640 27,621 1,775,002 1,786,510 13,614 26,000 151,017 43,000 1,996,273 1,966,637 740,396 382,496 829.296 1,952.188 Quarterly General Fund Expenditure Report For Quarter Ended March 31, 2011 Original FY2011 Budget 676,178 401,378 909,081 1,986 637 1,952.188 1,986 637 44,085 Note: The original budget includes outstanding encumbrances at 6130/2010. -131- Amended Budget 103,506 27,621 1,786,510 26,000 43,000 1. 986,637 676,178 401,378 909.081 1.986,637 YTD Actual 1,315,307 18,750 12,083 1,346 140 1640497 387,081 246,655 592,153 1,225.889 Variance (103,506 (27,621 (471,203 (7,250 (30,917 289,097 154,723 316,928 760,748 1,986 637 1,225,889 760,748 38 29% 120,251 120,251 0.00% 0.00% 73.62% 72.12% 28.10% 67.76% 42.75% 38.55% 34.86% 38 29% 0.00% 0. 00% REPORT OF THE CITY CLERK 1 JG 'rn FROM: Carol L. Freas, City Clerk DATE: April 14, 2011 RE: ALASKA REDISTRICTING BOARD elf Mayor and Council Members "K//aye with a Past, Ci y with a Ftitcsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM As you are aware, the Alaska Redistricting Board is responsible for redrawing Alaska's legislative election districts every ten years after the federal Census. On April 13, 2011 notice was received the Board had "...adopted draft redistricting plans for the purpose of soliciting public comment before its adoption of a final plan. Two of the plans are statewide plans prepared by the Board that differ only in the configuration of state senate district pairings. The Board also adopted alternative plans for Southeast Alaska and the Mat -Su region that can fit with either of the Board's statewide plans." The Board also adopted plans submitted by private groups. Today I was contacted by a representative of the Alaska Redistricting Board Office who requested to schedule use of the Council Chambers to hold one of the public hearings being held around Alaska. The purpose of the public hearing is to take comments on its draft plans and the private plans. The public hea ring to he held in the Kenai City Council Chambers has been scheduled for May 3, 2011 from 4:00 p.m. to 6:00 p.m. The Alaska Redistricting Board will provide the necessary public notifications for its public hearings. -133- tlae ci 6ALASKA April 13, 2011 President Gary Knopp Kenai Peninsula Borough Assembly 144 North Binkley Street Soldotna, AK 99669 Carol L. Freas City Clerk "Village with a Past, Gci wit/ a Future" 210 FidalgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us Dear President Knopp: At its meeting of April 6, 2011, the Kenai City Council agreed with the suggestion a joint work session be held in early Fall with the Kenai Peninsula Borough Assembly, Soldotna Mayor and City Council, Kenai Peninsula Borough Mayor and the Soldotna City Manager. The purpose of the joint work session would be to discuss issues of mutual concern which could include water /sewer issues; fishery issues; public transportation; and, a borough -wid.e sustainable energy policy. Additional topics are welcome. As you may remember, a similar work session invitation was sent last year and at that time, it was suggested the work session be scheduled around the Assembly meeting calendar since there are three members of the Assembly who travel to attend meetings in Soldotna. The Kenai City Council also suggested the work session be scheduled for some time after July. We would like you to provide some suggested dates that would be suitable for you and the Soldotna City Councils attendance The work session would be held in Kenai and a suggested time would be 6;00 p.m.., with a light meal available. A similar letter was transmitted to Mayor Micciche, the Soldotna City Council, Soldotna City Manager Semmens, and Borough Mayor Carey for their input. We look forward to hearing from you. CITY OF KENAI -134- INFORMATION ITEMS -1 00- INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 20, 2011 1. 4/20/2011 Purchase Orders Between $2,500 and $15,000 for Council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. PZ Resolutions, First Quarter 2011. 4. 4/7/2011 M. Kebschull memorandum entitled, Comprehensive Plan Update. 5. 4/1/2011, City of Kenai Building Permits, First Quarter 2011. -136- z 0 H 0 W O 0 0 z o LO N 0 0 a h n= W a w a F n (9 z 0) N W 0 -137- PZ Resolutions First Quarter 2011 TYPE OF PERMIT Resolution TYPE Amend KMC Conditional Use Pertnil Home Occupation Permit Prelimb na Plat Transfer Conditional Use Permit 201102 3.10.070 Beekeeping 201106 14.24 Airport Setbacks 201101 Gas Manufacturing /Storage 201103 Horne Daycare 201105 Woodland SD Christianson Addn. 201107 D.E. Oehler SD 43 30' ROW Vacation 201104 Cabin Rentals 2/23/2011 Approved Friday, April 01, 2011 Page 1 of 1 -138- MEETING DATE ACTION 1126/2011 Approved 3/9/2011 Approved 1126/2011 Approved 1(26/2011 Approved 2/23/2011 Approved 3/23/2011 Approved MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: April 7, 2011 SUBJECT: Comprehensive Plan Update "Village with a Past, Git with a Future" 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 Plans are continuing for the first public meetings for the Comprehensive Plan update. The joint Board /Committee /Commission meeting will be held on April 21, 2011 from 6 to 8 p.m. All members of these groups have been sent packets for the meeting. The advertisement for the meeting has been sent to the Peninsula Clarion for publication. The Community Strategic Planning Session will be held at the Senior Center on Saturday, April 23 from 8:45 a.m. to 1 p.m. (registration begins at 8:15 a.m.). The advertisement for the meeting has been sent to the Peninsula Clarion for publication. In addition, a request has been sent to radio stations KDLL and KSRM to include the information as a public service announcement. In addition to the above notices, invitation postcards are being sent to over 500 community members. The list of members was compiled from past Comprehensive Plan meetings, Board, Committee and Commission members, public officials, Chamber of Commerce members, etc. We are very excited to begin the public process and hope that we are able to reach a large, diverse section of the City's population to participate in the meeting. The Clerk has added the announcements for these meetings to the web page on the "Event Calendar" and "Special Notices Page." -139- -140- NOTICE OF PUBLIC HEARING APRIL 20, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1, Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase1. 2. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 3. Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by 8945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 4. Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by $407,374 in the Water Sewer Special Revenue Fund and by $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 5. Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 6. Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 7. Resolution No. 2011 -29 Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. 8. Resolution No. 2011 -30 Awarding a Contract to G S Construction, Inc. for the Project Entitled, "Kenai Water Treatment Facility 2011," for the Total Amount of $3,870,000.00. 9. Resolution No. 2011 -31 Awarding a Contract to Think Office LLC for the Project Entitled, Kenai Library Public Space Furniture 2011," for the Total Amount of 3176,762.86. 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: April 15, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF APRIL 20, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phasel. 2. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 3. Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 4. Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by S407,374 in the Water Sewer Special Revenue Fund and by $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 5. Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, S93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 6. Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by S288,000 in the Wellhouse 4 Capital Project Funds for a. U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 7. Resolution No. 2011 -30 Awarding a Contract to G S Construction, Inc. for the Project Entitled, "Kenai Water Treatment Facility 2011," for the Total Amount of 53,870,000.00. 8. Resolution No. 2011 -31 Awarding a Contract to Think Office LLC for the Project Entitled, "Kenai Library Public Space Furniture 2011," for the Total Amount of 5176,762.86. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: April 21, 2011 AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL20, 2011 s 7:00 P.M. u 6R° KENAI CITY COUNCIL CHAMBERS http.//www.ci.kenaLak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 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. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phasel. 2. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 3. Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 4. Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by 5407,374 in the Water Sewer Special Revenue Fund and by $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 5. Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, 593,714 in the Water Sewer Special Revenue Fund, and by 5895.714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 6. Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by 5288.000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 7. Resolution No. 2011 -29 Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. 8. Resolution No. 2011 -30 Awarding a Contract to G S Construction, Inc. for the Project Entitled, "Kenai Water Treatment Facility 2011," for the Total Amount of $3,870,000.00. 9. Resolution No. 2011 -31 Awarding a Contract to Think Office LLC for the Project Entitled, "Kenai Library Public Space Furniture 2011," for the Total Amount of 5176,762.86. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000 3. 'Ordinance No. 2553 -2011 Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma Pa Alaskan Treasures, Inc., and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. 4. Action /Approval Kenai Municipal Airport Terminal Lease to Kathy Chircop, d /b /a Alaska Realty Group /88 Square Feet of Office Space, First Floor, Airport Terminal. 5. Discussion Schedule Evaluations of City Manager, City Attorney and City Clerk 6. Discussion Scheduling of Additional Budget Work Session 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.kenaLak.us. Carol L. Freas, City Clerk D/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece being first duly Sworn, on oath deposes and says: That 1 an 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 A"enda PO #93476 a printed copy of which is hereto annexed was published in said •paper one each and every day for one successive and consecutive day in the issues on the •following dates: April 18, 2011 Xrd4re.22...z..da.S- SUBSCRIBED AND SWORN to me. before 27th day of April , 2011 „NOTARY PUBLIC, in favor for [he State Of Alaska. My COMM niSiOn expires 26-Aug-12 AGENDA KENAI CITY COUNCIL — REGULAR MEETING APRIL20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto://www.ci,kenalalcus ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2547-2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phasel. 2. Ordinance No. 2548-2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. 3. Ordinance No. 2549-2011 -- Increasing Estimated Revenues and Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 4. Ordinance No. 2550-2011 -- Increasing Estimated Revenues and Appropriations by $407,374 in the Water & Sewer Special Revenue Fund and by $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 5. Ordinance No. 2551-2011 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water & Sewer Capital Project Fund, $93,714 in the Water & Sewer Special Revenue Fund. and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 6. Ordinance No. 2552-2011 -- Increasing Estimated Revenues and Appropriations by $288000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon-to-Be Constructed Water Treatment Facility and the City's Water Transmission System. 7. Resolution No. 2011-29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills 8. Resolution No. 2011-30 -- Awarding a Contract to G & S Construction, Inc for the Project Entitled, "Kenai Water Treatment Facility 2011," for the Total Amount of $3,870,000.00. 9 Resolution No 2011-31 -- Awarding a Contract to Think Office LLC for the Project Entitled, "Kenai Library Public Space Furniture --2011," for the Total Amount of $176,762.86 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2553-2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21 05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve: Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma & Pa Alaskan Treasures, Inc , and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose 4. Action/Approval -- Kenai Municipal Airport Terminal Lease to Kathy Chircop, d/b/a Alaska Realty Group/88 Square Feet of Office Space, First Floor, Airport Terminal 5. Discussion -- Schedule Evaluations of City Manager, City Attorney and City Clerk 6. Discussion -- Scheduling of Additional Budget Work Session EXECUTIVE SESSION -- None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional informabon is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http //www.ci kenal at us Carol L Frees, City Clerk D6641211