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HomeMy WebLinkAbout2011-05-04 Council PacketMAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION I COUNCIL MEETING DATE: /4 (LAI Mayor /Council (5) (Porter, Boyle, Bookey, Gabriel, Moore) Clerk (2) Library (1) g Finance (1) Student Rep. (1) Hall Binder (1) Clarion (1) KSRM (1) Mellish (1) Attorney (1) City Manager (1) k Fire (1) ELECTRONIC COPY NOTICE Schmidt (1) V_clo5( % 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 entailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. 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Q K 3 5 O f''iS� \V� COMMENT SIGN-UP SHEET COUNCIL MEETING OF: NAME ADDRESS TOPIC OR AGENDA ITEM? 50\ ADD TO: MAY 4, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET D -2, Resolution No. 2011 -29 -- City of Kenai Ambulance Collection Policy Development Timeline with attachments including Resolution No. 2011 -06 and memorandum of explanation. REQUESTED BY: COUNSELOR MOORE ADD TO: H -7e, Kenai Peninsula Borough Assembly Report -- Assembly Member Smalley's May 3, 2011 Assembly meeting report. CITY CLERK CONSENT AGENDA None. AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Kathryn Knackstedt -- "Caring for the Kenai" Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails" 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) 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 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) 2 15 3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of 58,000 Within the Water and Sewer Special Revenue Fund- Wastewater Treatment Plant Department 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68 24 26 5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport 28 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY11 Rate of $15.00 Per 12- Hour Period for Parking and $15.00 Per Overnight Camping to $20.00 for Each. 30 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA) 33 8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00 35 ITEM E: MINUTES 1. *Regular Meeting of April 20, 2011 38 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 55 2. Approval of Purchase Orders Exceeding $15,000 56 3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund 4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation ITEM H: COMMISSION /COMMITTEE REPORTS 64 66 1. Council on Aging 71 2. Airport Commission 3. Harbor Commission -- 4. Library Commission 5. Parks & Recreation Commission -- 6. Planning & Zoning Commission 76 7. Miscellaneous Commissions and Committees a. Beautification Committee -- b. Alaska Municipal League Report - c. Mini -Grant Steering Committee -- d. Kenai Convention & Visitors Bureau -- e. Reports of KPB Assembly, Legislators and Councils -- ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 84 2. City Attorney -- 3. City Clerk 87 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 Kong 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 ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 4, 2011 Page No. 5/4/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 91 2. Budget Transfer in Capital Projects in Excess of 5,000 3. 4/27/2011 Ketchikan Gateway Borough transmission requesting a resolution "Commemorating Cordova Coal Party and Supporting Use of Abundant Resources" 92 4. 4/26/2011 Alaska Mental Health Trust Land Office letter of objection regarding Ordinance No. 2546 -2011 97 PUBLIC HEARINGS Ste (UV of KENAI.ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2553 -2011 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 11472 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, 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 informed 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 21.05.01O(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, 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 landing 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 PAT PORTER, MAYOR Introduced: April 20, 2011 Adopted: May 4, 2011 Effective: June 4, 2011 KENAI, ALASKA MFMO: "Village with a Past, CL'ty with a Ft trsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai,ak.us TO: City Council FROM: Rick Koch, City Manager DATE: April 28, 2011 SUBJECT: Ordinance No. 2553 -2011 rip '�IIL' 1992 The purpose of this correspondence is to recommend approval of Ordinance No. 2553 -2011 for the sale of Lot 2, Block 1, Gusty Subdivision to the current lessee, Ma & Pa Alaskan Treasures, Inc. Ma & Pa Alaskan Treasures, Inc. has submitted a request to purchase the Property for not less than Fair Market Value as determined by an appraiser with terms as allowed by the City of Kenai. In response to a question received by a Council Member, the Ordinance authorizes the City Manager to follow the procedures set for the sale of airport lands outside of the Airport Reserve, which includes restrictions on terms for financing' and requires that a note secured by a deed of trust subordinate to an existing security interest may only be issued if the amount of the note secured is within the difference between the fair market value of the land with improvements, and the sum of all prior security interests. The City received the attached Deed of Release from the FAA allowing for the sale of the referenced property. Although Administration confirmed that the FAA has no objection to the sale, the attached formal response from the FAA confirms that the Deed of Release is still binding. Administration recommends moving forward with an Ordinance that would waive the provision of the leasing code that does not permit a sale of land within the reserve to allow for a negotiated sale. Attachments cc: Ma & Pa Alaskan Treasures, Inc. 1 KMC 21.15.200(a)(1) Rick Koch From: gabriel.mahns @faa.gov Sent: Wednesday, April 27, 2011 11:04 AM To: Mary Bondurant Cc: Rick Koch; byron.k.huffman @faa.gov; Craig.Black @faa.gov; eric.g.helms @faa.gov; john.lovett @faa.gov Subject: Fw: Ma & Pa Treasures property - Lovealls Attachments: Deed of Release.pdf Mary, We do not know if John sent a letter concerning this Deed. However, please take this email as a formal response from our Office to your inquiry, The attached Deed of Release (Book 74, page 325, Kenai Tract C -2) signed by the FAA Alaskan Airport Division Chief in 8/20/1970 is still binding and there is no need for further consideration from our office. Thank you, Gabriel. Gabriel Mahns, AAL -615 Airport Planner & Compliance Officer FAA Airports Division, Alaska Region 907- 271 -3665, Fax 907 -271 -2851 - - -- Forwarded by Gabriel Mahns /AAUFAA on 04/27/2011 10:53 AM - - -- Forwarded by Erio G Helms /AAL/FAA on 04/2712011 10:42 AM From: "Mary Bondurant" <mbondurantacLkeneLaK.uS> To: Eric G Helms /AAUFAA @FAA Cc: "Rick R Koch" <rkochColci.kenalak.us> Date: 04/2712011 10:14 AM Subject: FW: Ma & Pe Treasures property - Loveails Eric — Below is the email I sent to John. His phone message today is that he is again out until May 5"'. Could you please see what you can find on this, thank you. :Mary z3ontfurant Airport Manager - Kenai Municipal Airport 305 N. Willow St., Suite 200 Kenai, AK 99611 (907) 283-7951 Kenai * 1wtmr baGayFioalist From: Mary Bondurant imailto :mbondurantCaci.kenai.ak.us] 1 Sent: Thursday, April 14, 2011 5:29 PM To: john.lovettCofaa.gov Subject: Ma & Pa Treasures property - Lovealls Hi John — The City Manager seems to think he had received a letter from you confirming the approval and release on the above mentioned property. He thinks it was over the last 3 months. Was a letter sent to Mr. Koch/ If so, could I get a copy? Thank you. Nary Bondurant Airport Manager Kenai Municipal Airport 305 N. Willow St., Suite 200 Kenai, AK 99611 (907) 283 -7902 DERD OF RELEASE <AGE3 'dine rim rnACr' G -2 This instrument, a Deed of Release, ,wade by the United States of America, acting by and through the Chief, Airports Division, Alaskan Region, Federal Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81 -311 (63 Seat. 700), as amended, to the City of Kenai, a body politic under the laws of the State of Alaska, Wicnessth WHEREAS, The United States of America, acting by and through the Administrator of General Services under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (83 Stat. 377) and the Surplus Property Act of 1944 (58 Stat. 765), as amended, and regulations and orders promulgated thereunder, by instrument entitled "Quitclaim Deed" and dated December 1, 7.963, did remise, release, and forever quitclaim to the City of Kenai, its successors and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations, exceptions, restrictions, and conditions contained in the Deed; and WHEREAS, the City of Kenai has requested the Administrator of the Federal • Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said "quitclaim Deed" to permit sale or long term lease of the property for non - airport use, and has by appropriate resolution No. 70 -5 dated March 18, 1970, obligated itself to devote the revenues received from the lease or sale of the hereinafter • described property exclusively for the development, improvement, operation, or maintenance of the Kenai Airport; and WHEREAS, The Administrator or authorized delegee of the Federal Aviation Administration, under and pursuant to the powers and authority contained in Public Law 81 -311 (63 Stat. 700) is authorized to grant a release from any of the terms, conditions, reservations, and restrictions contained in, and to convey, quitclaim, or release any right or interest reserved to the United States by, any instrument of disposal under which surplus airport property was conveyed to a non - Federal public agency pursuant to Section 13 of the Surplus Property Act of 1944 (58 Stat. 765); and WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer serves the purpose for which it was transferred; and, that such property can be used, leased, sold,' or disposed of by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Airport; and WHEREAS, the City of Kenai covenants and agrees as follows: (1) to use the revenues received from the sale or lease of the hereinafter described property, exclusively for the development, improvement, operation of the Kenai Airport; (2) to restrict the height of structures, objects of natural growth and other obstacles on the hereinafter described real property to a height of not more than 242 feet above mean sea level; (3) Co prevent any use of the real property hereinafter described which would interfere with the landing or taking off of aircraft at the Kenai 1•lunicipal Airport or otherwise constitute an airport hazard; NOW, 'THEREFORE, for and in consideration of the above - expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America, upon inclusion by the City of Kenai in a Lease or Instrument of Transfer conveying title to the hereinafter described real property of provisions as follows: (1) That the City of Kenai reserves unto itself, 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 real property hereinafter described, together with the right re cruse in said airspace such noise as may ho inherent in the operation of aircraft, now known or hereafter used, for navigation of or fli ;;ht in the said airspace, and for use of cafd flirt :pace for landing on taking nff from or operating on Kenai Nuni eipal Airport, C b Cri ..,''AW!,,„5: 4 Kenai 12ceorcing fistic( (2) That the Grantee expressly agrees for itself, heirs, executors, admin- intrntvrs, successors, transferees, and assigns to restrict the height of structures, ohjects of natural growth and other obstructions an the hereinafter described real property to n height of not more than 242 feet above mean sea level, (3) That the Grantee. expressly agrees for itself, heirs, executors, admire^ istrators, transferees, and assigns to prevent any use of the herein- after described real property which would interfere with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport haserd. (4) 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 hereto. hereby releases the said real property from the conditions, reservations, and restrictions as contained in the above - mentioned Instrument of Transfer from the United States of America to the City of Kenai dated December 1, 1963, which real property is described as follows: Commencing for reference at the section common to Sec. 5 and Sec. 6, TSN, R11W, Sec. 31 and Sec. 32, T6N, R11W.; proceed S 0 °55'43" W along the section line 2107.01 feet to a point which is the true point of beginning of this description: Proceed S 0 °55143" W 47.03 feet to a point; thence N 89 °53'00" E 563.15 feet to a point; thence N 3 °31'00" W 233.46 feet to a point; thence N 28 °42'15" E. 430.30 feet to a point; thence N 61 °17'45" W 30.00 feet to a point; thence along a curve to the right of 1549.86 feet radius whose tangent at that point bears N 59 °20'58" W 376.49 feet to a point; thence S 44 °34'08" W 260.00 feet to a paint; thence S 22 °28'00" W 645.42 feet to the point of beginning; contains 7.94 acres, more or less. By its acceptance of this Deed of Release the City of Kenai convenants and agrees for itself, successors, transferees, and assigns, to comply with and observe all of the conditions and limitations hereof, which are expressly limited to the above - described real property. IN WITNESS WHEREOF, the United States of America has caused this Deed of Release -to be executed as of the 20th day of August 1970, Accepted: ,CITY OF KENA UNITED STATES OF AMERICA By 0. 0. Eempton Chief, Airpprts ivis$on Alaskan Region By and Robbins Manager ;•E¢tan CITY OF, KE, al By: GeorgelA4 [ anager HOOK AGE 'A 9 lint; District THIS IS TO CERTIFY than oh this /'3 day of ‘7.74/-4,41, , 1973, before me, a Notary Public in and for the State of Alaska', duly commissioned and sworn, personally appeared George A. 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CekrlE {C.:IC Or O4NtiCM t' & DEP1CA110 0 Wt NCFE OY GLNTICT THAT Kenai Is the OWHE# OE THE !HOPE HT SHOWN AND DCCCn1at(' HERE tin , 40•0 YHAi tit HtelOY ADOPT THIS P1411 of SUB(IYISION 4110 OZOICA 7 TO PUBLIC USE 111E STOLL TS 4110 UT TV CA a 5LI4LT5 6,ONti., a f./:/✓✓ °( aTr 1 A7 Otyr/t„ FL YOR 1, E— ✓ce CITY CLER,.< 6I r: o,-. 6LNA1 Cr rT or Kru 1 0016HY17 ACKC04.1COGLMF.NT Su05CN I0(0 480 $WOTN HirORc Nt T..Is 77* Ott n . 7?L/1177t.g", 19704 L4 .; L_LDIf�'2a4-LC) ilolANY I'osllc rag ALASKA PIT Conti IS610n EKPINf4 ca>5n-/ ry 3. .71 .2.6.1 a BY r.. N1 i:SI PLfl. . dQn JL..;b F: :. N>, Ih. C•:rMl Ji,lC "141 LING Of IC(4 G U S T Y S U B D I V I S I O N 5,7Ni atul IN ,.. •.. „ ∎EII.N '1, ty.. B C $ 1 t,. 4l I . .I d tt -13- TRACT C -2 Commencing for reference at the section common to Sec, 5 and Sec. 6, T5N, R11W, Sec. 31 and Sec. 32, T6N, R11W.; proceed S 0 °55'43" W along the section line 2107.01 feet to a point which is the true point of beginning of this description: - Proceed S 0 °55'43" W 47.03 feet to a point; thence N 89 °53'00" E 563.15 feet to a point; thence N 3 °31'00" W 233.46 feet to a point; thence N 28 °42'15" E 430.30 feet to a point; thence N 61 °17'45" W 30.00 feet to a point; thence along a curve to the right of 1549.86 feet radius whose tangent at that point bears N 59 °20'58" W 376.49 feet to a point; thence S 44 °34'OS" W 260.00 feet to a point; thence S 22 °28'OD" 11'645.42 feet to the point of beginning; contains 7.94 acres, more or less. -14- ryf KENAI, ALASKA Suggested by: Administration 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: PROPOSER ; PROPOSAL SCORE r a Associated Credit Agency i 170.10 Professional Credit Service 248.40 ; and, WHEREAS, the Professional Credit Service's proposal ranked the highest and award to this proposer would be 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 enter into a contract with Professional Credit Services to perfoiin collection on delinquent anzbulance billing accounts of the City pursuant the City's Collection Policy adopted via Resolution 2011- 06. PASSED BY THE COUNCIL OF THE CITY OF' ICE AI, ALASKA, this fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7. -15- PAT PORTER, MAYOR KENAI, ALASKA N/ "Village with a Past, Coy with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager ier From: Terry Eubank, Finance Director Date: April 13, 2011 Re: Resolution 2011 -29 Professional Credit Service 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, Horne 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% 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. -16- 117i& &aye with a Past, a with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager 1 ,(.From: Terry Eubank, Finance Director Date: April 28, 2011 Re: Resolution 2011 -29 — Proposed Contract for Collection Services Attached is the negotiated contract for collection services. Ms. Stearns, the City Attorney, and I discussed the initial contract proposal and requested numerous changes. Each of the City's requests were honored by Professional Credit Services (PCS). -17- SM Professional Credit Service COLLECTION SERVICE AGREEMENT THIS AGREEMENT is entered into this 5th day of May, 2011, by and between City of Kenai, hereinafter referred to as "CLIENT," and Ray Klein, Inc.. an Oregon corporation doing business as Professional Credit Service, hereinafter referred to as "PCS." WHEREAS, CLIENT is the owner, or represents the owner of certain delinquent accounts that CLIENT desires to collect in an efficient and expeditious manner and desires to retain the service of PCS for that purpose, and WHEREAS, PCS is a professional collection agency specializing in the collection of delinquent accounts pursuant to this agreement. NOW THEREFORE, in consideration of the mutual promises, responsibilities, compensation, and conditions set forth herein, and for good and other valuable consideration, the parties hereby agree as follows: A. RELATIONSHIP OF PARTIES 1. INDEPENDENT CONTRACTOR: PCS shall perform under this agreement as an independent contractor, not as an employee, agent or servant of CLIENT, and nothing herein contained shall be construed to be inconsistent with this relationship or status. PCS acknowledges that its agents, employees, and servants are not entitled to benefit from CLIENT as an employee of CLIENT. 13. RESPONSIBILITIES OF PCS 1. GOOD FAITH: PCS shall exercise due diligence and good faith in collection of assigned accounts. 2. AGENCY CONDUCT & PROFESSIONALISM: PCS shall conduct its business in conformity with all State and Federal laws pertaining to providing and maintaining collection agency functions. PCS shall maintain the highest standards of ethical practice and professionalism. PCS shall make every effort to protect CLIENT's image while performing collection activities. PCS shall promptly notify CLIENT of any claim, demand, or lawsuit arising out of PCS's provision of collection services and operations under this agreement. 3. LICENSES & BOND: PCS has obtained all licenses and permits required by law, has posted all bonds required by law, has complied with all laws and governmental regulations required of collection agencies, and is a duly licensed collection agency. PCS shall maintain all licenses and permits required by law, and all bonds required by law, throughout the term of this agreement. 4. LISTING OF ACCOUNTS: PCS shall list CLIENT accounts, upon CLIENT'S request, via printout or electronic media, or by other mutually agreeable means. 5. REPORTS: PCS shall provide the following reports quarterly or more frequently as requested by the CLIENT: a. Alphabetical Acknowledgement of the receipt of accounts by PCS for collection, as assigned by CLIENT, within five (5) business days after receiving accounts Professional Credit Service Page I of 6 -18- PCS Collection Agreement (N; 12.09.08) Professional Credit Service b. Debtor Status Report (Inventory Report) indicating individual account information and details of collection effort. c.Aged Statistical Analysis (Actuary Report) of overall collection effort. d.Remittance Report detailing payments made on accounts referred to PCS by CLIENT. 6. RECORD RETENTION & INSPECTION: PCS shall maintain records in accordance with generally accepted accounting principles, as well as all laws and governmental regulations required of collection agencies. PCS shall make such records, contracts, and books relating to agency functions available to CLIENT for audit or inspection, and available to those parties authorized in writing by CLIENT 7. CREDIT REPORTING: PCS reports consumer credit information directly to credit reporting agencies, at no cost to CLIENT CLIENT may request that their consumer accounts listed with PCS not be reported to credit reporting agencies. C. RESPONSIBILITIES OF CLIENT 1. ACCOUNT INFORMATION: CLIENT shall provide PCS with all account information necessary to accommodate collection functions. ACCOUNT VERIFICATION: CLIENT hereby warrants that it has reviewed each account prior to listing that account with PCS, and that each account is presently due, and that CLIENT has taken no action prior to assigning the account which would impair the collection of the account. 3. ACCOUNT ITEMIZATION, DOCUMENTATION AND WITNESS: CLIENT agrees to provide additional account itemization, documentation, and witness as reasonably necessary for the purpose of validation of debt and/or legal action in pursuit of collecting assigned account(s). In the event CLIENT is unable to locate and/or deliver necessary account itemization and/or documentation, CLIENT agrees to provide an Affidavit of Lost Document or Affidavit of Correctness. D. ASSIGNMENT OF ACCOUNTS 1. EFFECTIVE DATE OF ASSIGNMENT: Referral of an account by CLIENT to PCS, either in oral or written form, shall become effective as an assignment upon mailing of acknowledgment of referral by PCS. 2. MASTER ASSIGNMENT AGREEMENT' CLIENT will from time to time refer accounts to PCS for collection, which referral may be oral or written. Upon mailing acknowledgement of the receipt by PCS of an account for collection, such referral shall become effective as an assignment of such account, as fully and perfectly as though a separate written assignment had been executed and delivered assigning such account by CLIENT to PCS. E. COLLECTION AUTHORITY 1. COLLECTION AUTHORITY: Unless otherwise agreed in writing, PCS shall have full power and authority to endorse and collect any check, money order, and /or other instrument in payment of any accounts assigned to PCS. Upon mutual agreement of the City and PCS, PCS shall have full power and authority to institute legal collection action on any account assigned by CLIENT and to bring such legal action in the name of PCS. Professional. Credit Service Page 2 of 6 PCS Collection Agreement (N; 12.09.08) -19- effelna SM MEOW ME 01141EMM MEW VIPS Professional Credit Service et..1en o∎ H,.., Fi n.n.l.i ¢coon 2. FORWARD AUTHORITY: PCS may, with mutual agreement of the City, forward CLIENT accounts to an external collection agent, agency, or attorney in order to enforce collection. 3. SE'I'1LEMENT AUTHORITY: PCS will not accept any compromise settlement on CLIENT's behalf that is less than the amount assigned without prior approval from CLIENT. Nothing herein obligates CLIENT to agree to any specific compromise or settlement. F. PAYMENTS 1. PAYMENTS RECEIVED BY PCS: PCS shall remit payments on account to CLIENT, less compensation as provided in Section G of this agreement, along with a detailed, monthly report of payments. Payments made to PCS on accounts shall be deposited in a dedicated client trust account maintained by PCS on behalf of CLIENT, less compensation due to PCS as described in section G of this Agreement. 2. PAYMENTS RECEIVED BY CLIENT. CLIENT shall promptly notify PCS orally and in writing of any payments made directly to CLIENT on any account previously referred to PCS. For each such payment made directly to CLIENT, PCS shall be authorized to retain from CLIENT, the applicable commission fee percentage specified in Section G of this Agreement. G. COMPENSATION AND COSTS 1. FULL COLLECTION SERVICE: A commission rate of twenty four percent (24 %) of amounts collected shall be paid to PCS for services rendered under this agreement on principal payments received by either PCS or CLIENT, with the exception of subsections 2 and 3 below. 2, LEGAL & FORWARDING COLLECTION SERVICE: A commission rate of thirty five percent (35 %) of amounts collected shall be paid to PCS on principal payments received by either PCS or CLIENT on assigned accounts on which PCS has filed suit or incurred fees in connection with forwarding account to an extemal collection agent, agency, or attorney in order to enforce collection, 3. SECOND PLACEMENT ACCOUNTS: A commission rate of thirty five percent (35 %) of amounts collected shall be paid to PCS on principal payments received by either PCS or CLIENT on assigned accounts that have been previously held by other collection agencies. 4. COSTS & LEGAL FEES: PCS shall pay its own costs, court costs and legal fees associated with the collection of delinquent accounts pursuant to this agreement. PCS shall retain all attorney fees, court costs, interest, and other fees recovered in collection of CLIENT accounts. 5. PAYMENT OF COMPENSATION: Unless otherwise agreed in writing, all accounts are assigned on a contingency basis. Compensation will be paid to PCS only on accounts collected. H. MUTUAL RESPONSIBILITIES 1. INDEMNIFICATION: PCS agrees to defend, indemnify and hold CLIENT harmless against any and all losses, expenses, damages, claims, and actions, provided said claims and causes of action arise out of the collection efforts of PCS and those representing or acting on behalf of PCS. CLIENT agrees to defend, indemnify and hold PCS harmless against any and all losses, expenses, damages, claims, and actions, which arise out of the actions of CLIENT, its directors, officers, members, managers, affiliates, partners, agents, servants, and employees. Professional Credit Service Page 3 of 6 -20- PCS Collection Agreement (N; 12.09.05) 2. Shit a ea gegt Professional Credit Service o <,oiriao o, n,wo,Pin,..miar.w Any insurance protection furnished by PCS shall in no way limit its responsibility to defend, indemnify, and hold harmless CLIENT under the provisions of this agreement. I. CANCELLATION POLICY 1. CLIENT shall have the right to cancel, at no expense to CLIENT, assignment of accounts which were assigned in error. CLIENT accounts for which PCS has expended legal fees and/or regularly paying accounts established by PCS shall not be cancelled until PCS legal fees and compensation are reimbursed and paid. J. TERMIINATION 1.. This agreement shall be effective upon the signature by both parties and shall continue in effect until terminated. Either party may terminate this agreement by giving at least thirty (30) days prior written notice of intent to terminate; however, accounts cancelled by CLIENT are subject to the above Cancellation Policy. K. MISCELLANEOUS 1. SEVERABILITY: It is understood and agreed by PCS and CLIENT that if any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with any applicable law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of PCS and CLIENT shall be construed and enforced as if the agreement did not contain the particular part, term, or provision held to be invalid. 2. ENTIRE AGREEMENT: This agreement, including any attachments, constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between PCS and CLIENT with respect to the subject matter hereof. No modification of this agreement shall be effective unless in writing and signed by the parties or their respective successors and assignees, if any. A waiver of any provision of this agreement must be signed by the party against whom enforcement of that waiver is sought. No waiver of any right or obligation under this agreement by any party on any occasion shall be deemed to operate as a waiver on any other occasion. 3. GOVERNING LAW & VENUE: This agreement shall be governed and construed in accordance with the laws of the State of Alaska, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of Alaska. PCS and CLIENT each agree that the venue for any and all disputes related to this agreement shall be in the State of Alaska, Third Judicial District at Kenai. 4. COUNTERPARTS: This agreement may be executed simultaneously in several counterparts, each of which shall be deemed an original and all of which together shall constitute one of the same instrument. 5. NOTICES: Notices by PCS and CLIENT about this agreement must be in writing and personally delivered or sent by certified mail, postage prepaid, return receipt requested, to the addresses below: Professional Credit Service Paee 4 of 6 -21- PCS Collection. Agreement (N; 12.09.08) Professional Credit Service e m.we. m x. W.. 6;666061a rwo To PCS: Professional Credit Service P.O. Box 7548, Eugene, OR 97401 To CLIENT: City of Kenai Attn: Finance Director 210 Fidalgo Avenue Kenai, AK 99611 S 6. COURT COSTS & EXPENSES: The prevailing party shall be entitled to reasonable attorney fees and court costs incurred by reason of enforcing any of the provisions of this agreement at trial and on appeal. 7. NON - EXCLUSIVE REMEDIES: No remedy made available by any of the provisions of this agreement is intended to be exclusive of any other remedy, Each and every remedy shall be cumulative and shall be in addition to every other remedy whether given hereunder, now existing or hereafter arising and whether at law, in equity, including injunctive relief, by statute or otherwise. 8. SECTION HEADINGS: Section headings are for convenient reference only and will not affect the meaning or interpretation of any provision of this agreement. 9. AUTHORITY: The individuals executing this Agreement represent and warrant that are authorized to execute this Agreement on behalf of the parties hereto. 10. NO DISCRIMINATION: PCS shall not discriminate on the grounds of race, color, religion, national origin, ancestry, or sex against any patron, employee, applicant for employment, or other person or group of persons in any matter prohibited by federal or state law. Professional Credit Service Page 5 of 6 PCS Collection Agreement (N; 12.09.08) -22- SM Professional Credit Service Olvl,lon of How.. F.nanelal cit.n IN WITNESS WHEREOF, CLIENT and PCS have executed this agreement under seal by their duly authorized representatives as of the date and year first set forth above. PROFESSIONAL CREDIT SERVICE Authorized Sib ature Matt Harestad Senior Account Exec CITY OF KENAI re / Bellevue Office Manager Authorized Signature Ricky R. Koch, City Manager Printed Name & Title Terry Eubank Contact Person 907- 283 -8227 Phone Date Date teubank @ci.kenai.alLus Email Address (907) 283-3014 Fax Professional Credit Service Paoe 6 of 6 PCS Collection Agreement (N; 12.09.08) -23- Lay Down re: 5/4/11 Agenda item D -2, Resolution No. 2011 -29 - Submitted by Councilman Moore. CITY OF KENAI AMBULANCE COLLECTION POLICY DEVELOPMENT TIME LINE 1/12/10 Council Work Session on credit card acceptance and ambulance billing and collection. 4/21/10 Draft ambulance billing and collection policy provided to Council. 7/2010 Implemented contract billing service for ambulance billing. 1/5/11 Memo included in City Manager Report regarding policy and intent to commence collection activity. 1/19/11 Resolution 2011 -06 Approving collection policy. Passed unanimously with Councilmen Boyle being absent. (See attached) 2/16/11 Finance mid -month report regarding project status. 3/16/11 Finance mid -month report regarding project status. 4/20/11 Resolution 2011 -29 to award the contract to Professional Credit Service, the highest ranking proposal, to perform collections. 5/4/11 Provided copy of negotiated contract for Council approval via Resolution 2011 -29. KENAI, SKA /In 11t (LenIVtib.. Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A COLLECTIONS POLICY FOR DELINQUENT AMBULANCE BILLS OWED TO THE CITY. WHEREAS, the City of Kenai commenced billing for City - provided ambulance services on May 1, 1995; and, WHEREAS, through FY10 the City has collected $2,514,789 in ambulance fees but has carried an uncollected balance of $867,277 with delinquencies dating back to 1998; and, WHEREAS, in FY10 the City invoiced $413,666 for 677 ambulance runs, if 100% collected, the financial equivalent of levying a mill rate of 0.66 mills on City property owners; and, WHEREAS, approximately 24% of patients transported by the City's Fire Department are not residents of the City and, absent potential sales tax, contribute nothing to the City's tax base to support these important, lifesaving services; and WHEREAS, the City intends to begin actively collecting unpaid balances dating back to January 1, 2007, and may utilize a third party collection service to do so; and, WHEREAS, unpaid invoices dated January 1, 2007, to June 30, 2010, total approximately $250,000; and, WHEREAS, active collection action against patients who have failed to pay for ambulance services but who have the means and ability to pay is in the best interest of the City of Kenai and its taxpayers. NOW, THEREFORE, f3E IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council approves the following collection policy for delinquent ambulance bills: Patients who still have an unpaid balance after receiving a minimum of two invoices, and after receiving notification of the City's Charity Care Policy, shall be subject to the following collection procedures: 1. The City shall issue a demand for payment indicating the balance owed and providing documentation of the City's Charity Care Policy. The demand shall include a date by which the City must be paid in full or by which the patient must make written repayment arrangements with the City. 2. Patients may enter into a payment plan with the City for payment of their past - due balance. A payment plan may include a signed confession of judgment, a Resolution No, 2011 -06 Page 2 of 2 written repayment agreement, an assignment of their Alaska Permanent Fund dividend, or any combination thereof. 3. Patients failing to satisfy their account by payment, by approval for charity care, and/or by entering into a repayment plan by the due date may be turned over to the City's third - party collection agent for further collection action. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January 2011. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: KENAI ALASKA 'Village with a Past Gi y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager / /From: Terry Eubank Date: January 13, 2011 Re: Resolution 2011.-06 Ambulance Fee Collection Policy. Pursuant to Council requests, I have prepared a resolution approving the administration planned collection procedure on delinquent and future ambulance billing invoices. The change in policy is the final step in an overhaul of the City's ambulance billing process. This process has included implementing a third party billing service to process City ambulance bills, development and implementation of a charity care policy to assist those patients who have a limited or no ability to pay, and finally the development of a comprehensive collection procedure for unpaid patient bills. At June 30, 2010 the City was carrying $867,277 in outstanding ambulance bills some dating back to 1998. Invoices prior to January. 1, 2007 shall be written off and no further collection action shall be taken. Invoices from January 1, 2007 through current total $254,520 and will be subject to the following collection action. Upon adoption of this collection policy, the City will be soliciting for a third party collection service, The fee for such a service will be contingent upon actual collections (a % of' what they actually collect). Prior to pursuing collections, patients will be informed and provided and opportunity to apply for the City's Charity Care Policy. Those failing to apply or not qualifying will be provided one final opportunity to pay their balance in full or enter into a payment plan with the City by signing a confession of judgment, provide a promissory note, or assigning their 2011 Alaska Permanent Fund dividend to the City. Accounts failing to utilize any of these remedies will be forwarded to the City's contracted collection company. This policy will ensure that those who are financially unable to pay will not. Those with the means to pay will pay for the services received. Through this policy the City will be able to offer flexible payment arrangements but have more aggressive tools for those who refuse to pay. the afa/ KEKlaALASKA CITY OF KENAI RESOLUTION NO. 2011 -32 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $8,000 WITHIN THE WATER AND SEWER SPECIAL REVENUE FUND - WASTEWATER TREATMENT PLANT DEPARTMENT. WHEREAS, the Wastewater Treatment Plant department experienced unbudgeted repairs to the belt press; and, WHEREAS, the Wastewater Treatment Plant Department Operating, Repair & Maintenance Supplies account is depleted and not sufficient to cover the estimated operational cost through the end of FY2011; and, WHEREAS, contingency funds are budgeted for just such occurrences; and, WHEREAS, additional funds are necessary to the purchase the required chemicals to complete plant operations for FY2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: Water and Sewer Fund Wastewater Treatment Plant Department - Contingency $8,000 To: Water and Sewer Fund Wastewater Treatment Plant Department - Operating, $8,000 Repair & Maintenance Supplies PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk y Approved by Finance: /-- L., -24- PAT PORTER, MAYOR ecuftit KEKN ALASKA Tillage with a Past, Cc ty with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 144.11=8 Cal Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 t�ll�f 199? /I MEMO '', A > NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2011 SUBJECT: Resolution 2011 -32 budget transfer within Wastewater Treatment Plant department from the contingency account to Operating Repair and Maintenance Supplies Account Rick, Resolution 2011-32 is requesting Council approval of the budget transfer of $8,000 from the WWTP Department Contingency account (010- 467 -4999) to the WWTP Department Operating Repair & Maintenance Supplies account (010 -467- 2022). The Wastewater Treatment Plant experienced unanticipated repairs to the be press. The transfer funds will also purchase the required chemicals to complete plant operations for the FY2011. There are sufficient funds in the Contingency account for this $8,000 transfer. This budget transfer will cover expenses in the Operating Repair & Maintenance supplies account for the remainder of FY2011. the 'of KENAI ALASKA CITY OF KENAI RESOLUTION NO. 2011 -33 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO BIG G ELECTRIC & ENGINEERING, INC., FOR LED STREETLIGHT INSTALLATION 2011 FOR THE TOTAL AMOUNT OF $27,522.68. WHEREAS, the following bids were received on April 26, 201,.: BIDDER ONE LED FIXTURE TWENTY LED FIXTURES Marshall's Electric, Inc. $2,551.82 $51,036.48 Midnight Sun Electric, Inc. $1,565.00 $31,300.00 City Electric, Inc. $1,450.00 $29,000.00 Yukon Electric, Inc. $1,688.70 $33,774.00 Inlet Electric Contractors, LLC I $1,700.00 $34,000.00 Ed's Electric, Inc. $1,680.00 $33,600.00 Big G Electric & Engineering, Inc. $1,376.13 $27,522.68 ; and, WHEREAS, the bid of Big G Electric & Engineering, Inc. is the lowest responsive bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Big G Electric & Engineering, Inc. for the total bid cost of $27,522.68; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for LED Streetlight Installation 2011 be awarded to Big G Electric & Engineering, Inc. for the total amount of $27,522.68. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 1 -26- PAT PORTER, MAYOR he ciy of KE AI, ALASKA "Village with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMO NDL'M T ©: Rick Koch, City Manager FROM: Kevin Lyon, Public Works Director DATE: April 27, 2011 SUBJECT: AWARD OF CONTRACT; Kenai LED Streetlight Installation 2011 'III' 1992 Rick, The scope of work for Kenai LED Streetlight Installation 2011 project is to replace 20 existing Metal Halide Light fixtures with energy efficient LED fixtures 18 streetlights are located on Fidalgo Commercial Center and the remaining two are located on Upland Street. On April 26, 2011 bids for the project were opened and seven bids were received. These bids have been reviewed and it was determined that Big G Electric & Engineering, Inc. was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to complete the project. The attached Resolution 2011 -33 is recommending award of the contract to Big G Electric & Engineering, Inc. for the total cost of $27,522.68. -27- tl c <ty of / CITY OF KENAI KENALAL SKA Suggested by: Administration RESOLUTION NO. 2011 -34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CORPORATE SERVICE AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, on April 6, 2011, the City of Kenai accepted a grant offer from the Federal Aviation Administration to Conduct a Wildlife Hazard Assessment at the Kenai Municipal Airport; and, WHEREAS, the Federal Aviation Administration is recommending the Airport conduct a 12 -month assessment to provide an overall picture of the present and future wildlife hazards and update the existing Wildlife Hazard Program and bring the Kenai Municipal Airport into compliance with the wildlife hazard management requirements of Part 139; and, WHEREAS, there is one agency in the State of Alaska with qualified personnel to perform the wildlife hazard assessment that meets the qualifications of USDOT /FAA AC 1450/5200-3313; and, WHEREAS, the cost of the wildlife control program is as follows: USDA - APHIS - Wildlife Services $112,954 WHEREAS, the City Administration has deteii tined that this work plan meets all the requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Manager is authorized to enter into a Corporate Service Agreement with United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), for the period May 1, 2011 through September 30, 2012, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: felt- -28- PAT PORTER, MAYOR enai "Senvu the4reaterKencth Peninsula' 305 N. WILLOW Sr. SUITE200 KENAI, ALASKA 99611 TELEPHONE 907 -2E3 -7951 s.®rvicipal Airport FAX 907 - 2833737 Memo To: Rick R. Koch - City Manager From: Mary Bondurant — Airport Manager Date: March 22, 2011 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 $118.037 (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. Cc: Terry Eubank — Finance Director Kevin Lyon — Acting Public Works Director www. kenaiairport.com. -29- c4ioir KENAv SNA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCLUDE CAMPING, PARKING, AND CITY DOCK FEES AND TO INCREASE CAMPING AND PARKING FEES ASSOCIATED WITH THE PERSONAL USE FISHERY ON THE CITY'S NORTH AND SOUTH BEACHES FROM THE FY11 RATE OF $15.00 PER 12 HOUR PERIOD FOR PARKING AND $15.00 PER OVERNIGHT CAMPING TO $20.00 FOR EACH. WHEREAS, parking, camping, and City Dock fees were inadvertently omitted from the City's Comprehensive Schedule of Rates, Charges and Fees; and, WHEREAS, inclusion of these fees is consistent with the City's goal of including all City fees on the. Comprehensive Schedule of Rates, Charges and Fees; arid, WHEREAS, the City invests significant resources annually in preparation for the tens of thousands of Alaskans who converge on the City's beaches and dock for the annual personal use fishery; and, WHEREAS, the City expects increase its costs again for the July 2011 fishery by providing fish cleaning areas and fish waste disposal services in an effort to protect public health and safety on the City's beaches; and, WHEREAS, an increase in overnight camping and twelve -hour parking fees from $15.00 to $20.00 is needed to generate revenue to pay for the City's efforts and expanded services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Parks and Recreation Fees" section to: PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) Ice Rink Pass Family pass Adult pass Youth pass Public Skate Picnic Shelter /Gazebo Reservation Picnic Shelter (Refundable deposit $50,00) Gazebo (Refundable deposit $200.00] Community Garden Plot (each) 125.00 $45.00 530.00 $20.00 51.00 $1.5.00 $20.00 $20.00 New Text Underlined; [DELETED TEXT BRACKETED] -30- Resolution No. 2011 -35 Page2of2 Adopt -A -Bench (Includes bench, shipping, installation and maintenance) North & South Beach Parking (Personal Use Fishery Season) per twelve (12) hour period North & South Beach Overnight Camping (Personal Use Fishery Season` CITY DOCK FEES Product wharfage (with crane; without forklift) Non - product wharfage Lce,nets, staples, etc.( Used Oil Dumping Boat Launch Ramp (Includes Parking with Trailer) - First 10 minutes Each minute over 10 Season Boat. Launch Pass Parking Only Per day (Vehicle with trailer must pay launch fee also) Seasonal Parking Pass Tie Up Fee Skiff tied to land side of concrete dock - per day Skiff tied to land side of concrete dock - season pass Boat tied to buoy in river - per day Boat tied to buoy in river - season pass Forklift with operator (1/2 hour minimum) - per hour Labor charge for call-out (2 hour minimum) - per hour 450.00 $20.00 $20.00 $0.07 /lbs. $0.04 /lbs. $1.00/gal. $20.00 $1.00 / minute $150.00 10.00 $100.00 $7.00 $150.00 $10.00 $150.00 $50.00 $40.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2011. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined- [DELETED TEXT BRACKETED] -31- vn MEMO: "Village with a Past, n with a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: City Council iiA FROM: Rick Koch DATE: April 28, 2011 SUBJECT: Resolution 2011 =35 The purpose of this correspondence is to recommend Council approval of Resolution No. 2011- 35, establishing charges and fees associated with use of City lands and facilities during the Personal Use Fishery. 1992 With the exception of the camping and parking fees on the North and South Beaches, all charges and fees remain consistent with the 2011 fees and charges. Administration proposes to increase the fees for camping and parking on the North and South Beaches from $15.00 per 12 hour period to $20 per 12 hour period. The increase in revenues will offset increased expenditures due to the City providing fish cleaning stations and increased handling /management of fish waste. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. -32- to ory,/ KENAI. ..;// KA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, NON - DEPARTMENTAL AND LAND ADMINISTRATION DEPARTMENTS FOR EXTERNAL LEGAL SERVICES TO REVIEW A PROPOSED LAND, SUB - SURFACE RIGHTS AGREEMENT BETWEEN THE CITY AND COOK INLET NATURAL GAS STORAGE ALASKA (CINGSA). WHEREAS, the City's FY11 insurance expenditures are $21,500 less than previously budgeted; and, WHEREAS, the savings from insurance is available for redirection to other needs; and, WHEREAS, the Administration has received a sub - surface mineral rights agreement from CINGSA and seeks review by Council with expertise in this subject; and, WHEREAS, the cost for this review is estimated at $7,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund - Non - Departmental Insurance To: General Fund - Lands Administration Professional services $7,500 $7,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR -33- MF;Mo. e with a Past, Ci with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 - 7794{{ illl'I 1992 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch DATE: April 28, 2011 SUBJECT: Resolution 2011-36 The purpose of this correspondence is to recommend Council approval of Resolution No. 2011- 36 authorizing a budget transfer within the General Fund, in the amount of $7,500, to provide funding for external specialty legal services for the review of sub - surface rights agreements between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). In order that appropriate due diligence is exercised to protect the rights and future potential value of City sub - surface estates the Administration requires the legal services of a firm /individual specializing in this field. CINGSA has agreed to reimburse the City for these attorney's fees to a maximum of $7.500, the amount estimated to accomplish the work. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. -34- I%C Ctly of K NAL ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF AIRPORT SNOW REMOVAL EQUIPMENT FOR THE TOTAL AMOUNT OF $804,302.00. WHEREAS, at its April 20, 2011 meeting, the Kenai City Council approved Ordinance No. 2547 -2011 and thereby provided funding for the purchase of an Airport Grader and Wheel Loader; 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, the State of Alaska Department of Transportation, awarded a competitive bid for equipment that meets our specifications; and, WHEREAS, FAA has approved the procurement process utilizing State of Alaska Cooperative Fleet Purchasing agreement; and, WHEREAS, sufficient monies are appropriated in. the Airport Improvement Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to purchase a Grader and Wheel Loader for the total amount of $804,302.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -35- the vie KENN ALASKA Tillage with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMO '; , 1\ DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 28, 2011 SUBJECT: Resolution for Airport Snow Removal Equipment Rick, Ordinance 2547 -2011 established the budget by appropriating a grant from the FAA for the purchase of snow removal equipment. The equipment will be procured using the State of Alaska Cooperative Fleet Purchasing Agreement as approved by the FAA. SEF -1334, Class 334 & 338 Wheel Loader - Case 1021 F with WLKAT Quick Attach System , 4WD, Articulating, 5.0 CY Bucket, Emergency Steering, U Blade, Pallet Forks, Angle Blade, Training, Service Manuals will be awarded to Yukon Equipment for the total cost of $349,518.00 SEF -1427, CA1609257 AIP Motor Grader - Caterpillar Model 14M w116ft Moldboard, 14ft Snow Wing, Minimum 47,000LB, Training, Diagnostic Tools, Service Manuals will be awarded to N.C. Machinery for the total cost of $454,784.00 —36— COUNCIL MEETING MINUTES AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 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 rime over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion, There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comrnen.t limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: ' PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may giue 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. 2547 -2011 -- Increasing Estimated Revenues and Appropriations in th.e 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. 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 -38- 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 $176,762.86. ITEM E: MINUTES 1. *Regular Meeting of April 6, 2011. 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(h) 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. -39- 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 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT Citizen Comments (Public comment )united to 5 minutes per speaker) Council Member Comments EXECUTIVE SESSION -- None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 -40- 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 -41- KENAI CITY COUNCIL - REGULAR MEETING APRIL 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building, A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROTS. CAT.r. The City Clerk took roll. Present were: Mike Boyle, Vice Mayor Brian Gabriel Robert Molloy Pat Porter, Mayor Terry Bookey Joe Moore Ryan Marquis A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: REPLACE PAGES: E-1, April 6, 2011 Council Meeting Minutes -- Replace Page 1 with corrected Page 1. ADD TO: H -7(e), Report of Assembly, Legislators & Councils -- Assembly Member Smalley report of April 19, 2011 Borough Assembly Meeting MOTION: Council Member Marquis MOVED for approval of the agenda with the requested additions and changes and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. -42- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment ignited to 10 minutes per speaker) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Kelsey Leaf, 1006 Crow Court, Kenai -- Leaf, a semi - finalist in the 2011 "Caring for the Kenai" competition, provided the presentation she would be making at the final competition scheduled for Thursday, April 21, 2011. She described her project as the reforestation of trees on approximately 24 Acres of property north of Kenai, noting a planting day had been scheduled for August 1 and 2. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2547 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase'. Council Member Marquis MOVED to enact Ordinance No. 2547 -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. City Manager Koch noted the grader would go to surplus and the other equipment would be kept. VOTE: "'Student Representative Coffman: Yes -43- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 3 Boyle [Yes Porter Yes Gabriel j Yes Bookey Yes Molloy 1 Yes Moore Marquis Yes Yes MOTION PASSED UNANIMOUSLY. D -2. MOTION: Ordinance No. 2548 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Funds to Conduct a Wildlife Hazard Assessment. Council Member Marquis MOVED to enact Ordinance No. 2548 -2011 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes Boyle Yes Porter Yes Moore Yes Gabriel , Yes Bookey Yes Marquis Yes Molloy I Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2549 -2011 and Council Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes -44- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 4 Boyle Yes Porter 1 Yes Moore Yes Gabriel Yes Bookey I Yes Marquis Yes Molloy Yes j . Molloy 1 Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2550-2011 -- Increasing Estimated Revenues and Appropriations by $407,374 in the Water &, Sewer Special Revenue Fund and by S2,477,374 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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2550 -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. Staff and Administration were congratulated on getting the grant work, etc. completed. VOTE: *Student Representative Coffman: Yes 1 Boyle [Yes Porter 1 Yes Moore Yes Gabriel 1 Yes Bookey i Yes 1 Marquis Yes Molloy 1 Yes i MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2551. -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. -45- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 5 VOTE: `Student Representative Coffman: Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2552 -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. VOTE: "Student Representative Coffman: Yes Boyle Gabriel Molloy Yes Yes Yes Porter Bookey Yes Yes Moore f Yes iE Marquis Yes 1 MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Moore MOVED for approval of Resolution No. 2011 -29 and requested UNANIMOUS CONSENT. Council Member Boyle objected to unanimous consent. -46- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 6 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council discussion followed with comments including- . Wanting to amend the resolution and then postpone it in order for the actual contract to come back for Council's review because the collection of delinquent ambulance bills was a new policy and program and the public should have time to hear the contract details. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2011 -29 by deleting "negotiate and from the "now, therefore" paragraph. Council Member Bookey SECONDED the motion. Council discussion followed with comments including: • The City Manager was already authorized to negotiate the contract and the wording was not needed in the resolution. • It was not expected the rate would be different from what was represented in the resolution. • Council has discussed bringing contracts back for Council review after they have been negotiated and if this procedure is followed, it could make it an unyielding process. • The contract had not yet been negotiated. • Because Council discussed ambulance billing previously, did not believe the contract needed to be provided to Council. VOTE ON AMENDMENT: *Student Representative Coffman: Yes Boyle Yes Porter Yes Moore ;Yes Gabriel Yes i Yes Bookey Yes Marquis Yes Molloy MOTION PASSED UNANIMOUSLY. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2011 -29 to the May 4, 2011 Council meeting with Administration to bring back the contract for Council approval. Council Member Marquis SECONDED the motion. Discussion on the motion to postpone included: • Objection to the motion to postpone. • Preferred to discuss the main motion. • There was some opposition to having ambulance charges being turned over to collection and there was an amendment made to the policy that was discussed. -47- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 7 Because this is a new kind of contract and would complete what the policy would be, felt it was necessary for the Council to see the contract, as well as allow public comment and discussion. • Was not a suggestion the City Manager and team could not negotiate a contract. There was no harm in postponing the resolution. • Objection to the postponement; the resolution was advertised; there were no public present who requested to comment; no contacts from public were received on the issue; had complete confidence in the City Manager and City Attorney to negotiate the contract; and, it was obvious no one in the public cared. • Support for the postponement as received a number of contacts from public with regard to the resolution. + Objected to the postponement; concerned Council reviewing the contract was micromanaging and the City would be setting a precedent. • Objected to postponement; believed it was late to request review of the contract and did not see benefit in postponement. • Supported postponement; had been wrestling with making a decision on sending delinquent ambulance billing to collections; and, would like additional time and review of the contract. • Supported postponement as commented previously. • Objected to postponement; felt it would be difficult to negotiate a contract if resolution was not approved; and, suggested the resolution be defeated if Council wanted to discuss ambulance billing again. VOTE ON POSTPONEMENT: "Student Representative Coffman: No Boyle 1 Yes Porter I No Gabriel No Bookey_ 1 Yes Molloy I Yes ' Moore quts I No Yes MOTION PASSED. D -8. MOTION: 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. Council Member Molloy MOVED for adoption of Resolution No. 2011 -30 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion, The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. -48- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 8 VOTE: There were no objections. SO ORDERED. D -9. MOTION: 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. Council Member Gabriel. MOVED for adoption of Resolution No. 2011 -31 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 7:30 P.M. BACK TO ORDER: 7:41 P.M. ITEM E: MINUTES E -1. *Regular Meeting of April 6, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bile -- None. G -2. Approval of Purchase Orders Exceeding $15,000 -- None. G -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. Introduced by approval of consent agenda. -49- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 9 G -4. MOTION: 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. Council Member Marquis MOVED to approve the Kenai Municipal Airport Terminal Lease to Kathy Chircop, d/b/a Alaska Realty Group /88 Square Feet of Office Space, First Floor, Airport Terminal and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Council discussion included: • This would be a month -to -month lease. • Airport Commission suggested moving the derrick display to another area of the terminal building in order for that space to be available as additional lease space. • At its April 14, 2011 meeting, the Airport Commission unanimously recommended the lease be approved. VOTE: There were no objections. SO ORDERED. G -5. Discussion -- Schedule Evaluations of City Manager, City Attorney and City Clerk Special meetings to conduct annual evaluations of the City Manager, City Attorney and City Clerk were scheduled for May 24 and 25, 2011, beginning at 6:00 p.m. In a discussion of which of two for ills was preferred to use for the City Manager evaluation, it was decided City Manager Koch would combine the forms into one and provide to Council to review. Council was instructed they should provide feedback of the form to the City Manager and not to each other. If Council then needed to discuss the form together, it should be done in a meeting. Council also agreed to put a one - hour time limit on each of the evaluations. 0-6. Discussion -- Scheduling of Additional Budget Work Session A budget work session was scheduled for May 9, 201 1 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle reviewed discussions and action.s taken at the April 14, 2011 Council on Aging meeting, including raising the donation for meals to $6.00; scheduling a 40th Anniversary celebration of the Center for July 21; a suggestion. Council provide some funding toward the celebration (to be -50- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 10 discussed during budget work session); and, funding for a study with options for covered parking (to be discussed during a budget work session). 11-2. Airport Commission -- Council Member Marquis reviewed the April 14, 2011 meeting summary which was included in the packet; noted the Commission reviewed the commission /committee information which had been included as a packet information item and stated they wanted to continue having monthly meetings; and, the next meeting was scheduled for May 12. H -3. Harbor Commission -- Council Member Gabriel reviewed the April 11, 2011 meeting summary which was included in the packet; noted it was suggested the drift boat pull -out be one of the agenda items for the Council's joint work session with Borough and City of Soldotna representatives; and, reported the next meeting was scheduled for May 9, 2011. 11-4. Library Commission -- Council Member Marquis reported the next meeting was scheduled to be held on May 3, 2011. 11-5. Parks & Recreation Commission -- Council Member Moore reviewed the April 7 meeting summary which was included in the packet; noted the Commission decided on a final design for the Municipal Park upgrade (to come back to Council for consideration); and, received a presentation of the City's draft Parks and Open space Study from Director Frates. H -6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the April 13, 2011 meeting which were included in the packet; reported on the work session held prior to the meeting related to outdoor wood - burning stoves; and, noted the Commission was provided a copy of Ordinance No. 2546 -2011 for review; and, the Commission scheduled a work session to review Ordinance No, 2546- 2011 on April 27. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- Mayor Porter noted the April 12, 2011 meeting summary was included in the packet. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported the next Board meeting was scheduled for April 25. H -7e. Reports of KPB Assembly, Legislators and Councils -- Assembly Member Smalley's report of the April 29, 2011 Assembly meeting was added to the packet at the beginning of the meeting. -51- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 11 ITEM I: REPORT OF THE. MAYOR -- No report . ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch noted the following items: ConocoPhillips extended the operations of the LNG plant to August. The Legislature was continuing its work on the State budget. In July, Crescent Electric would be holding a statewide vendor conference in Kenai. J -2. Attorney -- City Attorney Stearns reported she would be in Fairbanks the first week in May to attend an Alaska Bar Association Board of Governors meeting. J -3. City Clerk -- Clerk Freas referred to information included in the packet which included notification the Alaska Redistricting Board would be holding a meeting in the Kenai City Council Chambers on Tuesday, May 4. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen COntments (Public comment limited to 5 minutes per speaker) Bob Peters, Old Town, Kenai -- Reviewed his observations of the meeting. K -2. Council Member Comments Boyle -- Further commented on Resolution No. 2011 -29, noting his hesitation in putting ambulance debts out to collection and would not support the resolution. Molloy -- Stated his appreciation for the informative reports from the department heads, quarterly financial information, and appreciated the efforts of administration in preparing the draft budget. Marquis -- No comments. Coffman -- Gave an update of upcoming events at Kenai Central High School, including prom, softball and baseball game scheulesand fund raisers, Bookey -- Thanked Administration for its efforts in cleaning streets, etc, and reminded everyone of the art show opening scheduled for Friday, April 22 at the Visitors Center. Gabriel -- Thanked Kelsey Leaf for her presentation and Bob Peters for his comments. -52- KENAI COUNCIL MEETING APRIL 20, 2011 PAGE 12 Moore -- Referring to earlier discussion related to Resolution No. 2011 -29 and stated he felt the Council was setting precedence and was concerned it was stepping over the line of its responsibilities as Council Members. Porter -- Noted her attendance to ceremonies of soldiers return Afghanistan while she was her on vacation. EXECUTIVE SESSION -- None Schedu.ied g fro ITEM L: PENDING LEGISLATION (This item Iists legislation which will he addressed at a later date as noted.) 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 Pei witted," 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 There being no further business to come before the Council, the meeting was adjourned at approximately 8:28 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in, the minutes. A student representative may not move or second items during a council meeting. -53- NEW BUSINESS "QV- PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MAY 4, 2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS APRIL PERS VARIOUS LIABILITY 158,338.67 ICMA 401 PLAN ICMA 401 PLAN VARIOUS LIABILITY 18,676.80 ICMA 457 PLAN ICMA 457 PLAN VARIOUS LIABILITY 25,848.71 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 75,417.14 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 28,544.40 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 77,303.01 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE ANIOUNT Effect Int PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MAY 4, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT HDL ECI /HYER NORTHERN TECHNOLOGY BRENNTAG PACIFIC HOLDEN COMPANY BLAZY CONSTRUCTION KENAI WATER TREATMENT FACILITY DESIGN KENAI LIBRARY EXPANSION FY11 COMPUTER SERVICES FY11 CHEMICALS VINTAGE PT WATER DAMAGE KENAI LIBRARY EXPANSION 94277 - WELLHOUSE 4 AMEND NO. 1 89204 - LIBRARY EXP AMEND NO. 5 93643 - NON -DEPT. REMANDER OF FY 93700 - WWTP REMANDER OF FY 94310 - CONG. HOUSING C/0 #1 82868 - LIBRARY EXP C/O #5 337,742.00 790,402.00 25,000.00 762,796.00 10,000.00 55,000.00 8,000.00 53,000.00 7,500.00 184,986.00 81,396.00 4,955,726.82 the ciffr of KENAI, ALASKA "ViiN"e with a Past, Gc with a Futw'e" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMO NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2011 SUBJECT: Increase to Purchase Orders — Change orders and contract amendments. Rick, This memo is to address the PO's over $15,000. 1. Vintage Pointe Water Damage 2010 - Change Order 1 — Holden Company — PO 94310 - $42,500. This is the Final adjusting change order that addressed water damage the majority was found in apartment 102. This also included the $7,500 for appliances that were in the FY11 Budget that were installed during the apartment water damage repairs. 2. Kenai Water Treatment Facility Design 2010 — Hattenburg Dilley & Linnell- Contract Amendment #1 — PO 94277 - 33. This adds the Construction Administration component of the project. This include submittal review, Storm Water Pollution Prevention Plan (SWPPP) inspections, answering requests for information (RFI), material testing, construction inspections, and support during treatment system startup. 3. Kenai Community Library Expansion - 2009 - ECI Hyer, Inc - Contract Amendment No. 5 - PO 89204 - $25,000 — This amendment increases the Contract Administration that is based on actual time and expense required. 4. Kenai Community Library Construction — 2010 — Blazy Construction — Change Order #5 — PO 92868 - $81,396 - This change order is to address minor changes and concealed conditions exposed in the remodel. -57- AMENDMENT NO. 5 PROFESSIONAL SERVICES AGREEMENT KENAI COMMUNITY LIBRARY EXPANSION DESIGN SERVICES - 2009 The City of Kenai (CITY) and ECI /Hyer, Inc (CONSULTANT) amend the Professional Services Agreement (KENAI COMMUNITY LIBRARY EXPANSION DESIGN SERVICES - 2009) (Agreement), January 8, 2009, as follows: 1. The scope of the services is expanded to Contract and is amended to include: Additional Construction Phase Services, including required special inspections on a time and expense basis. 2. Section 5 of the agreement Time of Performance shall be amended by extending the Consultants time of performance to December 31, 2011. 3. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 4. The following is a summary of the contract price history of the Agreement as amended: The original contract price $ 81,820.00 The net change by previously authorized Amendments $655,976.00 The contract price prior to this Amendment $737,796.00 The increase in contract price by this Amendment $25,000.00 The new contract price including this Amendment • $762,796.00 CITY OF KENAI By: Rick R. Koch, City Manager State of Alaska Third Judicial District The Joregoing instrument was acknowledged before me this day of May, 2011, by Rick R. Koch, City Manager for the City of Kenai. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) Approved by Legal: Approved by Finance: ECI /HYER, INC. By: Terry K. Hyer, Principal State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of May, 2011, by Terry K. Hyer, Principal on behalf of said corporation. -58- (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT KENAI WATER TREATMENT FACILITY DESIGN 2010 The City of Kenai (CITY) and Hattenberg Dilley & Linnell Engineering (CONSULTANT) amend the Professional Services Agreement Kenai Water Treatment Facility Design 2010 (Agreement), dated September 9, 2010, as follows. 1. Contract is amended to Include Construction Phase Services for the not -to- exceed amount of $337,742.00. Per fee proposal dated April 13, 2011. The contract time of performance is extended to June 30, 2012. 2. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 3. The following is a summary of the contract price history of the Agreement as amended: The original contract price $452,660.00 The net change by previously authorized Amendments $0.00 The contract price prior to this Amendment $452,660.00 The increase in contract price by this Amendment $337,742.00 The new contract price including this Amendment $880,402.00 CITY OF KENAI By: Rick R. Koch, City Manager State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of April, 2011, by Rick R. Koch, City Manager for the City of Kenai. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) Approved by Legal: Approved by Finance: HATTENBURG DILLEY & LINNELL ENG. By: Lorie M. Dilley, State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of April, 2011, by Lorie M. Dilley, P.E. /C.P.G. (Signature of Person Taking Acknowledgment) (Title) -59- (Serial Number, if any) CITY OF KENAI CAPITAL PROJECTS CHANGE ORDER NO. 1 (Final Adjusting) Initiation Date: May 5, 2011 Project: Vintage Pointe Water Damage 2010 Contractor: Holden Company PO BOX 2533 Soldotna, Alaska 99669 Contract Date: August 26, 2010 Account #: 209-462-8098 009 - 462 -2024 — $7,500 Purchase Order #: 94310 Contrac is hereby directed to make the folic ing changes in the contract: 1) Field Order "A" replace additional flooring in entries $12,069,00 2) Field Order "B" replace leaky valves $791.00 3) Field Order "C" replace 102 bathroom subfloor & the $11294.00 4) Field Order "D" switch phone lines for room relocation $553.00 5) Field Order "E" treat mold and add shear blocking $1,618.00 6) Field Order "F" Labor to materials to install additional appliances $2,910,00 7) Field Order "App1" New Stoves (5 ea) New Refrigerators (Sea) 009-62-2024 $7,500.00 8) Field Order "App2" Additional New Appliances & installation material $5,419.00 9) Field Order "G" 102 ADA Cabinets - $3,228.00 10) Field Order "H" Solid Surface sinks $2,671.00 11) Field Order "I" Paint Hall way gable ends $349.00 12) Field Order "K" Cabinet revisions $3,751.00 13) Field Order "L" Solid Surface Counter tops $3,541.00 14) Field Order "M" Delete removal of Sheet rock from hall 200 (credit) ($6,000.00) 15) Field Order "N" Delete removal of Sheet rock from hall 300 (credit) ($5254.96) 16) Field Order "O" Delete Removal of plywood 50% of hall 100 (credit) ($2,960.00) 17) Field Order "P" Glue removal and wall paper prep and mold inspection $2,000.00 18) Back Charge of City Repair of heating system (accidentally shorted) (credit) ($279.04) Total Net Cost of Change $42,500.00 REASON FOR CHANGE: 1. Owner Request 2, Owner Request Causing water damage to sub floor 3. Water Damage 4. Additional work — required for tenant relocation. 5, Concealed Conditions 6. Extra Work — Owner Request 7. Owner Request account 009 -62 -2024 Stoves and refrigerators 8. Owner Request 9. Modification for wheel chair access 10. Owner Request 11. Additional Work — Gable ends were never painted in original construction. 12. Tennant — Owner request 13. Tennant — Owner request 14. Internal wall inspections, removal of wall paper and testing of sheet rock showed only treatable surface mold. 15. Internal wall inspections, removal of wall paper and testing of sheet rock showed only treatable surface mold. 16, Internal wall inspections, removal of wall paper and testing of sheet rock showed only treatable surface mold. 17. Additional work necessary as sheetrock was not removed. 18. Contractor cost due to contractor error, Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. Signature of the Contractor indicates agreement herewith, including all adjustments in the Contract Sum or Contract Time. -60- The Original Contract Sum was $ 142,486:00 Net Change by previously authorized Change Orders $ OM The Contract Sum prior to this Change Order was $ 142,486.00 The Contract Sum will be increased by this Change Order $ 42,500,00 The New Contract Sum including this Change Order will be $ 184,986.00 The Contract Time will be increased /decreased by this Change Order by 0 days OWNER: CITY OF KENAI By: Name: Rick R. Koch Title: City Manager STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 201 Rick R. Koch, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: Approved by Legal: Approved by Finance: CONTRACTOR: HOLDEN COMPANY By: Name: David L. Holden Title: President STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this _ day of , 201 David L Holden, President of Holden Company, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: -61- CITY OF KENAI CAPITAL PROJECTS CHANGE ORDER NO. 5 Initiation Date: May 5, 2010 Project: Kenai Community Library Expansion and Renovation 2010 Contractor: Blazy Construction, Inc 36130 Kenai Spur Highway Soldotna, Alaska 99669 Contract Date: April 19, 2010 Account #: 218 - 450 -8098 Purchase Order #: 92868 Contractor is hereby directed to make the following changes in the contract: 1) CR 53 Change to Door 210 2) CR 57 Correct Switches for Doors 100A, 109A 3) CR 58 Book Drop Relocate 4) CR 59 Add leg /plywood to Teen Center Counter 5) CR 42 Vestibule Lighting Fixtures 6) CR 43 Heat Trace 7) CR 44 ASI 39 Fixture F Conflict in Lobby 106 6) CR 45 Changes to Signs 9) CR 46 Add. Door at 201E ASI 45 10) CR 48 ASI 43 Electrical Changes 11) CR 49 ASI 44 Change Copy Room into two rooms 12) CR 50 Aluminum Frame for Exterior Sign 13) CR 51 Radius Wall ASI 41 14) CR 52 Modify Book Drop Boxes 15) CR 54 Troubleshoot Fire Alarm /Trunk Wiring $ 761.06 $ 236.78 $ 657.22 $ 311.25 $ 1,853.34 $ 17,953.52 $ 2,011.71 5 343.32 $ 7,681.37 $ 30,077.27 $ 6,226.98 $ 899.75 $ 8,146.34 $ 686.33 $ 4,548.49 Total Net Cost of Change $81,396.89 REASON FOR CHANGE: 1. Unable to use existing wood door — access issue. 2. Specified switches were single pole when double pole were required. 3. Required to fit owner requested cart change 4. Additional support necessary durability if teens sit on counter. 5. Owner request, fire rate staff entrance so fire rated book return carts are not required. 6. Prevent ice blockage of overflow drains, identified issue during construction wind driven snow. 7. Electrical coordination wall mount required. 8. Delete two signs, add max occupancy and revise building sign to include address 9. Fire Marshal requirement 10. Furniture coordination and owner request 11. Owner Request 12. Provide for mounting to siding on addition rather than mounting to old building. 13. Re designed to minimize required case work. 14. Owner request 15. Identify existing telephone circuitry and provide intertie to new communication room. -62- Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. Signature of the Contractor indicates agreement herewith, including all adjustments in the Contract Sum or Contract Time. The Original Contract Sum was $ 4,178,516,00 Net Change by previously authorized Change Orders .............. ............................... $ 695,813,93 The Contract Sum prior to this Change Order was $ 4,874,329.93 The Contract Sum will be increased by this Change Order ... $ 81,396.89 The New Contract Sum including this Change Order will be $ 4,955,726.82 The Contract Time will be increased /decreased by this Change Order by 0 days OWNER: CITY OF KENAI By: Name: Rick R. Koch Title: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT jss. THIS IS TO CERTIFY that on this _ day of 201 Rick R. Koch, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: Approved by Legal: Approved by Finance: CONTRACTOR: BLAZY CONSTRUCTION, INC By: Name: Kelly J. Keating Title: President STATE OF ALASKA jss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 201 Kelly J. Keating, President of Blazy Construction, Inc. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: -63- cayof KENNv ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECTS FUND. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2554 -2011 WHEREAS, City of Kenai Resolution No. 2010 -20 authorized the City Manager to enter into a cooperative agreement with the State of Alaska Department of Fish and Game for the Kenai River Personal Use Fishery North Shore Fishery Improvements; and, WHEREAS, the Kenai River Personal Use Fishery North Shore Fishery Improvements included pedestrian walkway improvements; and, WHEREAS, the Youth Restoration Corps donated a used bridge; and, WHEREAS, funds are not available to install the bridge; and, WHEREAS, the U.S. Fish and Wild Life Services offered a Partners for Fish and Wildlife grant of $25,000 to assist in the installation of the bridge and to restore the flood plain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Manager is authorized to enter into an agreement with U.S. Fish and Wildlife Service for the City of Kenai Flood Plane Restoration and Pedestrian Bridge. Personal Use Fishery Capital Projects Fund Increase Estimated Revenues: Transfer from Federal Grant $25,000 Increase Appropriations: Construction $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011. ATTEST: Carol L. Freas, City Cleric Approved by Finance: -64- PAT PORTER, MAYOR Introduced: May 4, 2011 Adopted: May 18, 2011 Effective: May 18, 2011 MC city Of KENAL ALASKA 'Village with a Past, CI with aFutuv'e`/ 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 IF MEMO NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2011 SUBJECT: Ordinance No 2554 -2011, Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Project Fund. 1992 Rick, The Purpose of this correspondence is to recommend approval of the above referenced ordinance. The proposed ordinance provides funding for the Meeks Trail pedestrian pathway bridge replacement. The pathway was improved during the 2010 construction season and a bridge was donated by the Youth Restoration Corps. The funds remaining in the project were not sufficient to install the donated bridge. The U.S. Fish and Wildlife Services offered assistance thru the Fish and Wildlife Coordination Act, thru the Partners for Fish and Wildlife Project grant. This Ordinance authorizes and appropriates this grant. fhc terry o?' KENAI ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2555 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,688 IN THE AIRPORT FUND AND BY $147,512 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE ENGINEERING AND DESIGN OF THE AIRPORT APRON PAVEMENT REHABILITATION. WHEREAS, the FAA has approved funding for additional work to be included in the Apron Improvement Project; and, WHEREAS, the estimated cost of the additional work is $147,512; and, WHEREAS, the FAA will fund 95 %, the State of Alaska will fund 2.5 %, and the Airport Fund will provide 2.5 %. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $3,688 Increase Appropriations: Transfer to Capital Project Fund $3,688 Airport Improvements Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport Fund 53,688 Federal Grants $140,136 State Grants $3,688 Increase Appropriations Engineering $147,512 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 2011, ATTEST: Carol L. Freas, City Clerk -66- PAT PORTER, MAYOR Ordinance No. 2555 -2011 Page 2 of 2 Approved by Finance: -67- Introduced: May 4, 2011 Adopted: May 18, 2011 Effective: May 18, 2011 Memo "Serving-the/Greta-4e Kenai Pe ingula, 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-2837951 FAX 907-283-3737 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Manager Date: April 27, 2011 Subject: Ordinance No. 2555 -2011 The above ordinance is necessary to appropriate funds for additional work under AIP grant 3 -02- 0142 - 042 -2009 Rehabilitate Apron, Phase 2. The FAA allows the City to amend a grant upwards of up to 15% for work items identified as being directly or incidentally related to Apron Rehabilitation Project. Change order #7 is for completing the apron paving at the south end of the commercial ramp and the paving of the crash truck emergency route to prevent the tracking of gravel by the crash truck and snow removal equipment onto the movement areas. Change order #8 is the installation of a spill control separator in the apron drainage system due to the relocation of the fueling operation to the north end. I have attached documentation confirming FM approval. Attachments www.ci.kenai.ak.us. -68- Mary Bondurant From: eric.g.helms@faa.gov Sent: Thursday, April 21, 2011 10:48 AM To: Casey Madden Cc: Kevin Lyon; Mary Bondurant Subject: Re: Flit: KMA Apron Change Order 8 FAA concurs with award of CO#8. G. Eric Helms Project Manager Alaska Region Airports Division AAL -822 907- 271 -5202 Mar ondurant From: eric.g.helms @faa.gov Sent: Monday, April 18, 2011 10:42 AM To: Casey Madden Cc: ddouglas @wcbalaska.com; Kirk Hollingsworth; Kevin Lyon; Mary Bondurant Subject: Re: Apron Change order #7 Casey, FAA concurs with CO#7. Please keep an eye on the grant amendment capability for grant 042. I believe you are still in good shape. G. Eric Helms Project Manager Alaska Region Airports Division AAL -822 907 - 271 -5202 i COMMISSION COMMITTEE BOARD MEETING SUMMARIES AND MINUTES -T8 PENDING APPROVAL COUNCIL ON AGING MEETING APRIL 14, 2011 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- February 10, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion —.Price of Meals b. Discussion -- Transportation c. Discussion -- Kenai Senior Center /40 -Year Celebration ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. May 12, 2011 (identify if you are requesting an excused absence.) ITEM 9: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of March. 16 and April 6, 2011. b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions a Comprehensive Plan Update Flyer ITEM 12: ADJOURNMENT -71- COUNCIL ON AGING MEETING APRIL 14, 2011 KENAI SENIOR CENTER 4:30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:40 p.m. Roll was confirmed as follows: Commissioners present: L. Flowers, M. Necessary, V. Geller, L. Nelson, M. Milewski Members absent: J. Hollier (excused), C. Unger (excused), B. Osborn (excused), A. Little Staff /Liaison present: Senior Director R Craig, Council Member M. Boyle ITEM 2: AGENDA APPROVAL MOTION: Member Necessary MOVED to approve the agenda as presented and Member Flowers SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- February 10, 2011 Member Milewski MOVED to approve the February 10, 2011 meeting summary and Member Nelson SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS -- None. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Price of Meals -72- Director Craig reviewed the costs of meals and suggested the meal donation be raised to $6.00. She added, she was checking to be sure their program was in compliance with Medicaid regulations. Discussion followed and Member comments included: • The meal donation should be raised. • People are taking food out and they should only take what they can eat. • There are seniors having a hard time paying the $5.00. Recommendations were to display a larger sign; raise the meal donation to $6.00; charge S11.00 per meal for non - seniors; charge $5.00 per meal for children under 12 years of age; charge $6.00 per meal for caregivers; and, begin the raise in costs in June, with advertising and notice in the Senior Newsletter to begin in May. MOTION: Member Flowers MOVED to raise the price of the meal donation to $6.00 and Member Milewski SECONDED the motion. VOTE: There were no objections. SO ORDERED. 6 -b. Discussion -- Transportation Director Craig explained the current costs for rides and suggested new rates as follows: • $5.00 from Kenai to Soldotna $5.00 from Soldotna to Kenai $3.00 around Kenai $3.00 to and from the Senior Center • The new price would go into effect May 1. Currently transportation to and from Soldotna for doctor appointments, etc, was offered on Monday, Wednesday and Friday -- if cost of fuel continued to rise, transportation to and from Soldotna could be reduced to two times a week. MOTION: Member Flowers MOVED to raise the transportation rate as discussed and Member Nelson SECONDED the motion. VOTE: There were no objections. SO ORDERED. 6 -c. Discussion -- Kenai Senior Center /40 -Year Celebration Suggestions provided during the discussion of the Center's 40 -year celebration included holding an open house with bluegrass music; providing food with a Hawaiian COUNCIL ON AGING MEETING APRIL 14, 2011 PAGE 2 -73- theme; possibly not holding the Fourth of July pie and ice cream fundraiser in order for everyone to allow folks to enjoy family time; and, holding a. fundraiser at the Senior Center during the dip net fishery. Recommendation, of the membership was to hold a 40th Kenai Senior Center Celebration with Blue Grass music, pig roast, chicken barbecue (possibly asking the Purugganan's to assist), and hold as an evening event from 5 -9:00 p.m. Suggested dates were June 22 or July 21 or 22. July 21 was chosen as the date for the 40th anniversary celebration. ITEM 7: REPORTS 7 -a. Council on Aging Chair -- Chair Geller reviewed the information included in the packet related to the joint work session that would be held on April 21 with regard to the update to the Comprehensive Plan, as well as the collaborative planning session on April 23 and encouraged all to attend and share thoughts and conceins with planning of the City. 7 -b. Director -- Director Craig referred to the planning sessions to be held and explained the purpose of the sessions was to consider how one visions the City in ten years and what should be considered as needs for seniors, grandchildren, youth to make it a better, sustainable community. Craig also encouraged all to attend the April 21 work session and the April 23 collaborative planning session. 7 -c. Council Liaison -- Council Member Boyle reported a budget hearing was scheduled to be held on Tuesday, April 19, 2011 and added, he would be requesting funds be included in the FY 12 budget to provide for the purchase of a cost study for garages or covered parking. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. May 12, 2011 (Identify if you are requesting an excused absence.) Member Milewski stated she may not be attending the May 12 meeting. No others noted of any intended absences. ITEM 9: QUESTIONS & COMMENTS -- None. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION 11 -a. 11 -b. 11 -c. Kenai City Council Action Agendas of March 16 and April 6, 2011. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions Comprehensive Plan Update Flyer ITEM 12: ADJOURNMENT -74- COUNCIL ON AGING MEETING APRIL 14, 2011 PAGE 3 MOTION: Member Flowers MOVED to adjourn and Member Nelson SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Council on Aging, the meeting adjourned at approximately 6:25 p.m. Meeting summary prepared and submitted by: Carol. L. Freas, City Clerk -75- COUNCIL ON AGING MEETING APRIL 1.4, 2011 PAGE 4 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 27, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval. d. Consent Agenda e. *Excused Absences i Commissioner Navarre *All items Ii.sted with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests; in which case the item will be removed. from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 13, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: PZ11 -09 — Preliminary Plat — Kenai Cemetery Expansion No, 2 (A subdivision of Lot 1 Kenai Cemetery Expansion (Plat No. 2009 -50 KRD) and USS 4969 and an unsubdivided parcel). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 9 b. PZI 1 -10 - Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion (Section Line Easements within S3I, T6N, RI 1W & 56 TSN, RI 1W Seward Meridian), Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldoma, Alaska. 13 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Ordinance No. 2546-2011 — An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14 22 010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (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 zoning district, -76- Discussion /Set public hearing. 17 S. PENDING ITEMS: 9. REPORTS: a. City Council 27 b. Borough Planning 31 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: r Memo dated 4/20/11 regarding OWB's 39 12. NEXT MEETING ATTENDANCE NOTIFICATION: May 11., 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: -77- ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION APRIL 27, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: H. Knackstedt, K. Koester, K. Rogers, T. Navarre, J, Twait, S. Romain P. Bryson City Planner M. Kebschull, Planning Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval Commissioner Romain noted Commissioner Navarre was in attendance and would not require an excused absence. MOTION: Commissioner Romain MOVED to amend the agenda by moving Item 7 -a after Item 13, adjourning into a work session after Item 13, then returning to discuss Item 7 -a and approving the amended agenda. Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences -78- Commissioner Navarre Commissioner Navarre was in attendance. *AU 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 -- April 13, 2011 Approved by consent agenda. ITEM 3: ITEM 4: 4 -a. MOTION: SCHEDULED PUBLIC COMMENT -- None CONSIDERATION OF PLATS PZ11 -09 - Preliminary Plat - Kenai Cemetery Expansion No. 2 (A subdivision of Lot 1 Kenai Cemetery Expansion (Plat No. 2009 -50 KRD) and USS 4969 and an unsubdivided parcel). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. Commissioner Romain MOVED to approve PZ11 -09 with staff recommendations and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval. Twait read the rules of Public Hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Commissioner comments included pleasure in seeing the dedication of roads. VOTE: Knackstedt YES Koester I YES Rogers YES Navarre YES Twait YES Bryson I ABSENT Romain j YES MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 2 -79- 4 -h. MOTION: PZ11 -10 - Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion (Section Line Easements within S31, T6N, R11W & 56 T5N, R11W Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifomnsky Beach Road, Suite # 10, Soldotna, Alaska. Commissioner Navarre MOVED to approve PZ11 -10 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet noting the recommendation . to the Borough Planning Commission to support the vacation. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Knackstedt I Navarre RRomain YES YES YES Koester Twait YES YES Rogers !Bryson I YES ABSENT MOTION PASSED UNANIMOUSLY. ITEM 5: ITEM 6: ITEM 7: 7 -a. PUBLIC HEARINGS -- None UNFINISHED BUSINESS -- None NEW BUSINESS Discussion /Set Public Hearing -- Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending iffvlC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not Peuuitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district. (Clerk's Note: Item (7 -a) was heard after the work session.) ITEM 8: PENDING ITEMS -- None ITEM 9: 9 -a. City the April 20, 2011 . the following: REPORTS Council -- Council Member Gabriel reviewed the action agenda of City Council meeting which was included in the packet and noted PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 3 -80- Cook Inlet Academy student Kelsey Leaf gave a presentation on her "Caring for the Kenai" Project regarding reforestation within the City and entitled, "Gift of Green." Ms. Leafs project won first place in the competition held on April 21, 2011. Appropriations were made and a, contract awarded for the Water Treatment Facility. 9 -b. Borough Planning -- No report. 9 -c. Administration -- City Planner KebschuIl reported approximately 80 people attended the Comprehensive Plan Collaborative Planning Session held on April 23, 2011 and, a draft ordinance regarding outdoor wood bunting boilers would be presented to the Commission at a future meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess, Kenai -- Spoke about the process required to receive a building peuuit, noting his desire to stay within his original schedule. ITEM 11: INFORMATION ITEMS 11 -a. Memo dated 4/20/11 regarding Outdoor Wood Burning Boilers ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. May 11, 2011 No Commissioners requested an excused absence for the May 11, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre - Empathized with Mr. Schrag regarding the permitting process, but noted it was best to follow the procedure. Rogers, Koester, Romain, Twait -- No comments. Knackstedt -- Noted he attended the April 23, 2011 Comprehensive Plan Collaborative Planning Session and found it educational. CONVENED INTO WORK SESSION: 7:22 p.m. BACK TO ORDER: 9:36 p.m. 7 -a. Discussion /Set Public Hearing -- Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 4 -81- 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 zoning district. MOTION: Commissionner Romain MOVED to schedule a public hearing at the next Planning and Zoning Commission meeting and Commissioner Rogers SECONDED the motion. Commissioner comments included: • The discussion during the work session was good. • Commission was not ready to set a public hearing. • Suggested getting good input through the Comprehensive Plan process and then working on the Land Use Table, • Suggested the two neighborhoods work together. • Noted the Commission had to look at the City as a whole. • Thanked the public for their input. • Thanked Council Member Molloy for his work on the ordinance. VOTE: Knackstedt NO Koester NO Rogers NO 1 Navarre NO Twait NO Bryson ABSENT Romain NO MOTION FAILED. ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:52 p.m. Minutes prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 5 -82- Carol Freas From: Hal Smalley thvsmalley @yahoo.comj Sent: Wednesday, May 04, 2011 2:10 PM To: Carol Freas; hvsmalley @yahoo.com Subject: Assembly meeting Report for 5 -03 -11 Assembly Report May 3,2011 Add to: 11-le The information gathering committee meetings began at 3:00. Ordinance 2011 -19 brought out the biggest discussion during the Finance Committee portion. The Mayor's budget was introduced and Finance Director Chapman gave a brief introduction to the budget identifying it as a status quo budget with most departments showing cuts in last year's budgeted amounts to absorb any employee wage increases negotiated for this year. Mr. Chapman also discussed budget challenges for the FY12 budget. Expenditures exceed revenues. The tax holiday on non - prepared foods reflected a $2.8 million dollar reduction ( sales tax dollars all go to school funding ` Two years worth of salary and benefits, negotiated increases of 2% for union employees and 1% funding Y Y negotiated increase for appendix A employees ( Work for and directed by the Mayor) will be absorbed within their respective budgets, use of fund balance, money from Land Trust Fund to fund Phase 1 transfer site construction in Homer, creation of a separate fund and funding mechanism for the 911 emergency system, slight increase in assessed property values in borough, budget cuts to non - departmental agency funding ( zeroed out ). Senior programs across borough will receive a slight increase ( 2% ) over last year's funding levels. The Assembly will review this budget document and make amendment requests for increases and /or decreases at its May 171h and June 7th meetings. The budget approval and mill rate setting will occur at the June 7111 meeting. During the Policies and Procedures Committee meeting Mayor Carey announced the new General Services Director ( HR) Mr. Mark Dixon. There was also discussion of the NACo ( National Association of Counties ) prescription drug discount card program where peninsula residents may acquire for free, a discount prescription drug card for cost reduction in their medications. Cards are available at the Borough Building and participating drug stores. The Solid Waste Director and staff discussed the progress with the Horner solid waste transfer site project for phase 1. Ordinances of interest and discussion were Ordinance 2011 -06- changing the computation of maximum tax by increasing from $500.00 to $2500 in the amount of sales tax and deleting the requirement of the 60% voter approval to be required for approval. This will be covered in the regular meeting portion of the report in more depth. Collette Thompson, borough legal, addressed the 60% requirement portion as being declared unconstitutional by the Superior Court, so would need to be deleted from the Ordinance. Other discussion centered around the overall amount of the tax increase to be considered. Range increases from no increase to the maximum of 52500 were discussed and the potential income from said increases and to the appropriateness of any increase. During the budget discussions meetings in April, increasing revenues to the borough to offset the budget deficits identified an increase in the computed sales tax as a method to consider. Another consideration, passed at the last Assembly meeting, was to place on the fall ballot a proposition to remove the tax holiday on non - prepared foods. Ordinance 201 1 -07 reducing the number of Kenai Peninsula Borough Planning Commissioners from 13 to 11 was discussed as a method to reduce the borough budget by as much as $20,000 annually and not adversely impact representation on the Commission. Under the reapportionment plan in review of the number of Cities within the borough and the increase in population outside the cities, an additional member may be required, bringing the number to 14. This would bring added costs above $25,000 annually for the three positions being considered for reduction. Two ordinances on the consent agenda for introduction were Ordinance 2011 -13 and 2011 -14 to amend the KPB code to require a 30% cost consideration for health care insurance benefit coverage by Assembly members as a co -pay ( 2011 -13 ) or to eliminate the Assembly from participating in the health care insurance benefit program ( 2011 -14 ). The Regular scheduled Assembly meeting began at 7PM. During scheduled presentations the CPGH ( Central Pen. General Hospital ) presented its quarterly report including financials, hospital upgrades and new staff announcements. TATU ( Teens Against Tobacco Use ) gave a presentation of the ill effects of second hand smoke. Attached to my report is an Action Agenda from the meeting where the Mayor's report is detailed. Additionally Mayor Carey stated he intended to bring forward in the near future an ordinance to remove the Mayor's position and other elected official's positions from the PERS system( Public Employees Retirement program ). Under Public Hearings 6 Ordinances and one removed from the consent agenda were discussed and considered. Of importance and /or having an impact on the city of Kenai are: 1. Ordinance 2011-06 increasing taxable sales on certain goods /services from $500.00 to $2500 and placing this on the ballot for voter approval this fall. Included in the ordinance was a clause to require a 60% voter approval. In 2005 a voter initiative passed to require the 60% approval. The KPB challenged this in Superior Court and the borough's position was upheld. It is currently on appeal to the State Supreme Court. Since the Superior Court ruling overturned the requirement, it would need to be removed from this ordinance and from the KPB Code as being invalid. 18 members of the community spoke on this issue, all in opposition to this ordinance. Discussion centered around that this is not the time with our economy as it is to consider raising a consumer tax. Many felt that the increase would drive residents to purchase off the peninsula, especially of bigger ticketed items and while shopping elsewhere ( Anchorage /internet -other locations ) residents would make their smaller purchases as well since they went to shop and purchase to avoid the sales tax increase on the peninsula. Some were opposed to the entire consideration, some felt that a lesser amount might be acceptable in the future, but timing wise, not now. There was discussion on this increase potential on rents, contract /lease purchases, legal services, long term rentals etc. Some exemptions were listed in the ordinance while others similar in nature were not so it was felt there was an inequity in considering exemptions. The Assembly discussion was much the same as the public discussion with an eventual vote of 9 No and 0 Yes, defeating the ordinance. 2 2. Ordinance 2011 -07 to reduce the number of KPB Planning Commissioners from 13 to 11. A few members from the public in opposition as is adversely impacts the representation of some communities. Currently each city on the peninsula is allowed one member and the outside city residents are allowed 8 members by statute. With reapportionment occurring due to population changes increasing out side city populations, an additional member will be required bring the total to 14 members. The ordinance was simply introduced as a cost savings mechanism to save upwards of $16,000 to $20,000 with the reduction from 13 to 11. An additional member could escalate the cost over $25,000. Some members of the public insisted cut, cut, cut. When revenues are down in their business they have to make cuts, so should the borough. The Assembly felt that fair representation for communities across the borough was important, the KPB Planning Commission voted unanimously against the proposed change. The Assembly voted to postpone action on this ordinance until after reapportionment is finalized. If it had not been postponed, the ordinance would have failed. Leaving the number at 13 will not affect any increase in this year's budget as the document includes the present number for financial considerations. 3. Ordinance 2011 -14 dealing with eliminating the Assembly members for receiving health care insurance benefits. Borough costs per employee for health care coverage is approximately $17,000 annually. This ordinance was introduced simply as a cost savings mechanism. Not all Assembly members have chosen to participate in the health care insurance program. Three members of the public spoke supporting the cost savings ( cut - cut -cut ) and others spoke in opposition as one needs to consider what is a fair compensation to be on the Assembly above the $400 monthly stipend. Additionally Ordinance 2011 -13 passed on the consent agenda for consideration at the June 7111 meeting. This ordinance would require Assembly members participating in the health care insurance program to co -pay 30% of the monthly cost or approximately $445.00 monthly. All other borough employees co -pay between 9 and 10 %. This will be up for public hearing on June 7`h. With this ordinance up for consideration in June, the Assembly felt that Ordinance 2011 -14 was not necessary as amendments to 2011 -13 could be made in June. @011 -14 was defeated 6 No to 3 Yes. Copies of the FY 12 KPB budget are available at the Mayor's office in the Borough Building and at the Borough Clerk's office. It is also on line on the Borough's web site. The Mayor and Assembly welcomes any and all public input on this budget document for increases or decreases ( cuts ) to be considered. There was a request for additional work sessions outside of Assembly meeting days for public discussion on this document. Assembly members are to submit suggested changes for consideration at the May 17th and June 7'h Assembly meetings. As always, should any of you have questions concerning this report or from the attached action agenda, please do not hesitate to contact me. Hal Smalley hvsmalley(vahoo.com. 907 -283 -7469 3 Kenai Peninsula Borough Assembly Action Agenda May 3, 2011 - 7:00 PM Regular Meeting Borough Assembly Chambers, Soldotna, Alaska Gary Knopp Assembly President Seat 1 - Kaltifornsky Tenn Expires 2012 Charlie Pierce Assembly Vice President Seat 5- Sterling /Funny River Term Expires 2011 Mako Haggerty Assembly Member Seat 9 - South Peninsula Term Expires 2012 Brent Johnson Assembly Member Seat 7 - Central Term Expires 2013 Sue McClure Assembly Member Seat 6 - East Peninsula Term Expires 2012 Linda Murphy Assembly Member Seat 4 - Soldotna Term Expires 2013 Hal Smalley Assembly Member Seat 2 - Kenai Term Expires 2011 Bill Smith Assembly Member Seat 8 - Homer Term Expires 2011 Ray Tauriainen Assembly Member Seat 3 - Nikiski Term Expires 2013 A. B. C. D. E. F. G. H. 1. J. K. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES *1. April 19, 2011 Regular Assembly Meeting Minutes COMMENDLNG RESOLUTIONS AND PROCLAMATIONS 1. Mayor's Proclamation Declaring the Month of May, 2011 as "Motorcycle Awareness Month" PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Central Peninsula General Hospital, Inc. Quarterly Report (10 minutes) 2. Teens Against Tobacco Use (TATU): Video Presentation on Wellness in Alaska (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 1. Assembly Requests /Responses - None. May 3, 2011 Page 1 of 6 2. Agreements and Contracts a. Authorization to Award Contracts for the Invitation to Bid - ITB11 -041 Site Preparation for KPB 2011 Reforestation Project to Quayanna Development Corporation b. Authorization to Award Contract for Playground Equipment Module to SiteLines Park & Playground c. Request for Sole Source Waiver for McNeil Canyon. Elementary School Re -Roof, Professional Design Services d. Intent to Award Lease for Seward Office Space to SeaView Community Services e. Authorization to Award Contract for Central Peninsula Landfill Leachate System Cell 1 Design Modifications Authorization to Award Contract Through a Cooperative Purchasing Group for the Purchase of student lockers for installation at Kenai Middle School, Kenai Central High School, and Soldotna High School. to King County Director's Association 3. Other a. National Association of Counties Prescription Drug Discount Card Program Report b. Memo regarding staffing at Kenai River Center c. Project Reports March 31, 2011 d. Investment Portfolio Report L. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None. M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. ENACTED AS AMENDED Ordinance 2010- 19 -40: Authorizing and Appropriating Funds for Central Peninsula General Hospital, Inc. to Purchase Computerized Provider Order Entry and Continuity of Care Document Exchange Systems (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] May 3, 2011 Page 2 of 6 2. ENACTED Ordinance 2010- 19 -41: Accepting and Appropriating 5101,272 from the U.S. Department of Interior for the Kachemak Drive Bluff Erosion Study under the Coastal Impact Assistance Program (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] 3. ENACTED Ordinance 2010- 19 -42: Accepting and Appropriating 5151,271 from the U.S. Department of Interior for the Seward Weather and Ocean Observing Systems Project Under the Coastal Impact Assistance Program (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] 4. FAILED TO ENACT Ordinance 2011 -06: Amending KPB 5.18.430, Computation- Maximum Tax, By Increasing the Maximum Amount of a Sale Subject to the Borough Sales Tax to 52,500 and Deleting the Requirement that any Change to this Amount be Approved by at Least 60 Percent of the Voters (Knopp, Mayor) (Referred to Policies and Procedures Committee) [0 Yes, 9 No, 0 Absent[ 5. POSTPONED AS AMENDED UNTIL SEPTEMBER 6, 2011 Ordinance 201.1 -07: Reducing the Number of Kenai Peninsula Borough Planning Commissioners from 13 to 11 (Johnson) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] 6. ENACTED AS AMENDED Ordinance 2011 -08: Waiving the Public Voter Approval Requirement in KPB 5.04.110 for the Homer Solid Waste Transfer Facility Capital Improvement Project (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] N. UNFINISHED BUSINESS Postponed Item a. ADOPTED ASAMENDED Resolution 2011 -039: Waiving for Good Cause the February 15, 2011 Deadline for Senior Citizen and Disabled Veteran Exemption Appiications Filed After that Date but on or Before March 31, 2011 (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] [Clerk's Note: There is a motion to amend on thefloor from the April 19, 2011 Regular Assembly Meeting.] O. NEW BUSINESS 1. Resolutions May 3, 2011 Page 3 of 6 *a. Resolution 2011 -042: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2012 (Mayor) (Referred to Finance Committee) *b. Resolution 201.1 -043: Approving Twenty -Seven Unincorporated Communities for Participation in the State's Fiscal Year 2012 Community Revenue Sharing Program (Mayor) (Referred to Finance Committee) Resolution 2011 -044: Approving an Intergovernmental Cooperative Agreement Between the State of Alaska, Department of Natural Resources, Division of Forestry, and the Kenai Peninsula Borough on Behalf of Itself and Central Emergency Service area, Nikiski Fire Service Area, Bear Creek Fire Service Area, Anchor Point Fire and Emergency Service Area, and Kachemak Emergency Service Area (Mayor) (Referred to Policies and Procedures Committee) *d. Resolution 2011 -045: Declaring the Borough Assembly and Board of Education to be Malapportioned and Authorizing the Assembly President to Appoint a Reapportionment Committee (ICnopp) (Referred to Policies and Procedures Committee) 2. Ordinances Ordinance 2010- 19 -44: Appropriating Supplemental Funding in the amount of 560,000 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Shortened Hearing on 05/17/11) (Referred to Finance Committee) *U. Ordinance 2010- 19 -45: Appropriating 532,585 into the Borough's School Revenue Capital Project Fund for Improvements to School Facilities (Mayor) (Shortened Hearing on 05/17/11) (Referred to Finance Committee) Ordinance 2010- 19 -46: Appropriating 5348,257 to the Special Assessment Fund for the Poppy Ridge Road Improvement Special Assessment District (Mayor) (Shortened Hearing on 05/17/11.) (Referred to Finance Committee) *d. Ordinance 2011-13: Amending KPB 22.30.110(C) to Require Assembly Members Who Accept Borough Health Insurance Coverage to Pay 30 Percent of the Cost of Providing Such Coverage (Smith) (Hearing on 06/07/11) (Referred to Policies and Procedures Committee) May3,2011 Page4of6 e. FAILED TO INTRODUCE AND SET FOR PUBLIC HEARING Ordinance 2011 -14: Amending KPB 22.30.110 to Eliminate the Provision of Health Insurance Benefits for Assembly Members (Pierce, Murphy) (Hearing on 06/07/11) (Referred to Policies and Procedures Committee) 13 Yes, 6 No, 0 Absent] *g. 3. Other Ordinance 2011 -15: Amending KPB Chapter 14.04, Road Construction and Right -of -Way Acquisition, and KPB 17.10.030, Acquisition of Lands and Resources, to Authorize the Mayor to Acquire Easements for Road Improvement Projects without Assembly Approval (Mayor) (Hearing on 06/07/11) (Referred to Lands Committee) Ordinance 2011 -19: Appropriating Funds for Fiscal Year 2011 -2012 (Mayor) (Hearings on 05/17/11 & 06/07/11) (Referred to Finance Committee) Approving an Application for a Restaurant Designation Permit Filed by Freddies Roadhouse, Inc. dba Freddies Roadhouse, Inc. (Referred to Finance Committee) Approving an Application for a Restaurant Designation Permit Filed by New Discovery LLC dba Tito's Discovery Cafe (Referred to Finance Committee) Authorizing an Application for a New Liquor License and Restaurant Designation Permit Filed by Glenn Sackett dba Sacketts Kenai Grill (Referred to Finance Committee) P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. May 17, 2011 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS APPROVED Johnson moved to authorize Assembly Member Bill Smith to travel to Juneau Alaska and meet with Alaska Legislative Representatives to discuss the Kenai Peninsula Borough Funding Priorities. S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) May 3, 2011 Page 5 of 6 Ordinance 2010- 19 -43: Accepting and Appropriating $69,272 from the U.S. Department of Interior for the Kenai Peninsula Borough Flood Plain Development Survey Benchmarks Project Under the Coastal Impact Assistance Program (Mayor) (Hearing on 05/17/11) (Referred to Finance Committee) 2. Ordinance 2011 -09: Amending KPB Chapter 21.18 Regarding Prior Existing Uses and Structures in the Anadromous Stream Habitat Protection District (Mayor) (Hearing on 05/17/11) (Referred to Lands Committee) 3. Ordinance 201.1 -1.0: Amending KPB Chapter 3.04 to Require Separate Approval by Resolution to Amend Appendix A Administrative and Legislative Personnel Salary and Benefits (Smith) (Hearing on 05/17/11) (Referred to Policies and Procedures Committee) 4. Ordinance 2011-11: Amending KPB 2.04.060 to Increase the Mayor's Salary to $99,000 (Smith, Pierce) (Hearings on 05/17/11) (Referred to Policies and Procedures Committee) 5. Ordinance 2011 -12: Amending KPB 21.18.025 to Add Additional Water Bodies Subject to Anadromous Stream Habitat Protection (Smith) (Hearing on 05/17/1.1 & 06/07/11) (Referred to Lands Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on May 1.7, 2011, at 7 :00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201 AO -FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room Just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1- 800 - 478 -4441, Ext. 2160. Visit our website atwww.borough.kenai.ak.usfor copies of the agenda, meeting summaries, ordinances and resolutions. May 3, 2011 Page 6 of 6 REPORT OF CITY MANAGER 1»W*e@wm.. 44 V6U9SIW :sysE6OLVIwrowP'wt'OeU.sasttc NtleDe ONINNaid A3Stl0 losma$yedeosouel V1SV'A3SH3'P AONVN epelb'leu3l uaHa'IwtY oth pij QK w 4J uoisuedxj punoi6Aeld >t1ed iedpiunAj weld len}daouoa ra 0) "Vif�a e with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907- 283 -7535 ( FAX: 907- 283 -3014 KENAI, ALASKA \-7 EyiO• TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: April 28, 2011 SUBJECT: Ordinance No. 2546 -2011 — Amendment to KMC 14.22.010 — Land Use Table — Rural Residential 1 (RR -1) Zone The Planning & Zoning Commission were asked by City Council to hold a work session to discuss Ordinance No. 2546 -2011 at their meeting on April 271h and to schedule a public hearing for the May 11th Commission meeting. At the Commission meeting on April 271h, the Commission held a 2 -hour work session and received comments from the public regarding the proposed amendment. At the conclusion of the work session, the Commission resumed the meeting and considered the request to schedule the public hearing for May 11`h. The Commission comments during discussion on whether to set the public hearing included: III 11' 1992 • Positive work session. Input from the public valuable and agree with several of the concerns being discussed. • Need additional input from other neighborhoods; similar issues in other areas of the City. • Need to conduct a comprehensive review of the entire and table and all zones. • Comprehensive Plan can provide guidance on zoning. • Appropriate discussion for consideration during preparation of the Comprehensive Plan. • Need to look at the City as a whole and what's best for the City. • Request Council to direct Commission to review and use issues during the Comprehensive Plan process. • These areas (MAPS & Three W's) being zoned the same don't make sense. • Highway frontage land uses is a concern. • Rezoning along highway frontage should allow development (other than residential). The vote to hold the public hearing failed by unanimous vote. The consensus of the Commission was that the zoning and land use should be reviewed and considered during the Comprehensive Plan process. -85- REPORT OF THE CITY CLERK "Village with a Past, y with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor /Council Members FROM: Carol L. Freas, City ,Cl -rk DATE: April 28, 2011 RE: APPLICATION FOR APPOINTMENT PERSONNEL ARBITRATION BOARD -- Hal Smalley The Personnel Arbitration Board currently has three vacancies. The attached application was received on November 12, 2010 and included in the November 23, 2010 council meeting packet. However, no action was taken on the application. Clf Attachment -87- CITY OF KENAI "Village with a past — City with a, future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR. APPOINTMENT COMMITTEES AND COMMISSIONS �Grrryalt RECE D I KEWU,ALASKA \v/ NOV 12 2010 41: CITY maw f Re sident of the City of Kenai? Residence Address {c 5 G.i'Yz L.4. A` - RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PRONE: 203 -7535, EXIT. 231 FAX: 2S3 -5058 How long? Stti'Gtr..,� o7' Mailing Address .05 E 74.1cob. L...~ `.J','. ` 7CR`` ,.r. i it'. PI ome Telephone No. ?el- 245- 74.. Fri Home Fax No. B(:sinees Telephone Business Fax No. • Ernail Address: May we include your contact information on our web page? ALL 0 If not all, wh t iafor`i anon may we include? B l MPLOYER: G�% t , :�.aa. l eu o�:•:, to f`...& • Job Title k.7nt t SAME OF SPOUSE;i -uAa% Past organizational Uis�:3 CO e WHY DO OU., WANT T WHAT BACKGROUND, EXPERIENCE, 63R COMMISSION OR COMMITTEE MEMB _y :'�T DO YOU POSSESS TO BRING TO THE BOARD, -88- INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 4, 2011 1. 5/4/2011 Purchase Orders Between $2,500 and $15,000 for Council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. 3. 4/27/2011 Ketchikan Gateway Borough transmission requesting a resolution "Commemorating Cordova Coal Party and Supporting Use of Abundant Resources." 4. 4/26/2011 Alaska Mental Health Trust Land Office letter of objection regarding Ordinance No. 2546 -2011, -90- PURL. ,aSE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR CL ACIL REVIEW COUNCIL MEETING OF: MAY 4, 2011 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT GOVERNMENT COMPUTER SALES IN CURTIS AIRPORT EQUIPMENT RENTALS YUKON EQUIPMENT PENINSULA PUMPING CASEY PLANNING AND DESIGN ALYESKA SALES YUKON EQUIPMENT VIRTUALIZATION ENGINEER REPLACE AIR COMPRESSOR RENTAL OF EXCAVATOR, LOADER,EI IMPELLOR FAN FOR SWEEPER PORTABLE RESTROOM RENTALS PLANNING /CONSULTING KENAI TRAIL SYSTEM TIRES BROOMS FINANCE AIRPORT C. DOCK SHOP PARKS PARKS SHOP STREETS -91- PROFESSIONAL SERVICES REPAIR & MAINTENANCE RENTALS OPERATING SUPPLIES RENTALS PROFESSIONAL SERVICES OPERATING SUPPLIES OPERATING SUPPLIES 4,000.00 3,500.00 3,450.00 4,183.00 3,750.00 5,800.00 5,107.20 2,838.48 Carol Frees From: Kacie Paxton [kaciep @kgbak.us] Sent: Wednesday, April 27, 2011 10:02 AM To: AAMC Subject: KGB Resolution 2322 Commemorating Cordova Coal Party and Supporting Use of Abundant Resources Attachments: R2322.pdf Greetings Fellow Clerks: Mayor Kiffer has asked that I forward Resolution No 2322 to your community to request support in spreading the word and gaining momentum for the utilization of Alaska's abundant energy resources in a safe and environmentally sound manner. Below is a description of the issue, and Resolution No. 2322 is attached to this email. On April 18, 2011, the Ketchikan Gateway Borough Assembly adopted Resolution No. 2322 Commemorating the Cordova Coal Party of May 4, 1911, Focusing Attention on the Federal Government's Current Stranglehold on Alaska, and Calling on the President of the United States, U.S. Secretary of the Interior, U.S. Senate, and Congress to Develop Common Sense Policies that Allow Alaska and the Rest of the Nation to Utilize the Nation's Abundant Resources in a Safe, Environmentally Sound Manner that Serves the Best Interests of Americans. The Ketchikan Gateway Borough recognizes May 4, 2011, as the 100th anniversary of the Cordova Coal Party who took symbolic action to focus attention on the fact that the federal government's misguided policies were actively damaging Alaska's future. One hundred years later, the Ketchikan Gateway Borough Assembly passes this resolution to focus attention on the fact that the federal government has worsened its stranglehold on Alaska and continues to actively damage not only Alaska's future but the future of the entire nation through continued misguided policies. The Assembly has called on the President of the United States, the U.S. Secretary of the Interior, the U.S. Senate, and Congress to develop common sense energy policies, land use policies, and other public policies that allow Alaska and the rest of the nation to utilize their abundant energy resources in a safe, environmentally sound manner that serves the best interests of Americans. { /Mayor Kiffer has asked that this be sent to your community to ask that a similar resolution be adopted, or acknowledgement to help in this effort. Cordially, Kacie Kacie Paxton, /4/1C Borough Clerk Ketchikan Gateway Borough 907.228.6604 ph 907.228.6697 fax www.kgbak.us -92- KETCHIKAN GATEWAY BOROUGH RESOLUTION NO. 2322 A Resolution of the Assembly of the Ketchikan Gateway Borough, Commemorating the Cordova Coal Party of May 4, 1911, Focusing Attention on the Federal Government's Current Stranglehold on Alaska, and Calling on the President of the United States, U.S. Secretary of the Interior, U.S. Senate, and Congress to Develop Common Sense Policies that Allow Alaska and the Rest of the Nation to Utilize the Nation's Abundant Resources in a Safe, Environmentally Sound Manner that Serves the Best Interests of Americans; and Providing for an Effective Date RECITALS A. WHEREAS, as part of his "Progressive thinking," President Theodore Roosevelt issued an executive order in 1906 prohibiting additional coal raining within the public domain in Alaska; and B. WHEREAS, coal reserves were further locked up by the creation of the Chugach National Forest in 1907 and its subsequent expansion to include the bulk of the Bering River coal fields around Katalla; and C. WHEREAS, President William Howard Taft, who succeeded Theodore Roosevelt as President of the nation, continued these same policies and the coal remained untouchable; and D. WHEREAS, for Alaska, the coal reservations had the effect of not only impeding mining operations but also construction of railroads and other important development; and E. WHEREAS, railroads, steamships, and locals were paying $11.00 to $12.00 per ton for imported coal when high -grade coal was readily available from the Bering fields for $2.50 to $3.50 per ton; and F. WHEREAS, coal tonnage that was historically a ready and reliable source of freight revenue for the West's railroads was unavailable to railroads in Alaska; and G. WHEREAS, nowhere was the resentment over the actions by Presidents Theodore Roosevelt and William Taft higher than in Cordova, where the completion of the Copper River an Northwestern Railway to Kennecott was supposed to be the first step -93- Resolution No, 2322 Page 2 in ensuring a route that led all the way to Fairbanks; and H. WHEREAS, on May 4, 1911, with visions of tea being dumped into Boston Harbor on December 16, 1773, three hundred Cordova businessmen and citizens armed themselves with shovels and marched to the wharf of the Alaska Steamship Company and proceeded to shovel several hundred tons of imported British Columbia coal into Orca Bay; when Richard J. Barry, the company's general agent, demanded that this "Cordova Coal Party" cease, he was met with continued shoveling and shouts of "Give us Alaska Coal;" and WHEREAS, there were indeed parallels to be drawn between the Cordova Coal Party and the Boston Tea Party, some, including the Seattle Times, were quick to point out the decidedly Alaskan character of the Cordova affair: The Bostonians of 1773 had gone In the dead of night... and disguised as Indians," the paper noted, whereas the Alaskans marched unabashedly in broad daylight; even the far -off Philadelphia Bulletin called the event" a demonstration of a not unreasonable impatience with the dilatory federal policy relating to the development of Alaskan resources ;" J. WHEREAS, in nearby Katalla, which was still hoping to become the gateway to the Bering coal fields, Gifford Pinchot was burned in effigy amid a flurry of posters plastered around town that proclaimed: PINCHOT, MY POLICY Not patents to coal lands! All timber in forest reserves! Bottle up Alaska! Save Alaska for all time to come K. WHEREAS, the words proclaimed in Katalla were mild compared to what journalist George E. Baldwin later wrote about Pinchot after the forester visited Alaska: "When the high priest of conservation, the prince of shadow dancers, recently visited Alaska to gloat over his handiwork of empty houses, deserted villages, dying towns, arrested development, bankrupt pioneers, and blasted hopes of sturdy, self - reliant American citizens, it is a striking comment on the law- abiding character of our people that he came back at all;" and 1, WHEREAS, a century after the Cordova Coal Party, federal involvement in Alaska continues to obstruct and stop the development of the vast resources of the state; and M. WHEREAS, the United States, particularly Alaska, has huge storehouses of energy that lie untapped due to misguided federal policies as recently addressed by Congressman Devin Nunes: -94- Resolution No. 2322 Rage 3 [H.R. 5899, A Roadmap for America's Energy Future] expands oil production in the far reaches of northern Alaska, off our shores, and in the lower 48 states through oil shale deposits. "Due to misguided government policies, many of our domestic energy resources sit idle, untapped and underutilized. The United States has an estimated two trillion barrels of oil shale. This is more than seven times the amount of crude oil reserves found in Saudi Arabia, and is enough to meet current U.S. demand for over 200 years. Tapping this homegrown resource would not only help address a huge component of our domestic energy needs, but would provide thousands of new jobs throughout the West- a region currently suffering from the highest comprehensive unemployment in the country. With soaring unemployment and rising energy costs, it's time we put Americans back to work and domestic resources into play. That is precisely what the Energy Roadmap does; and N. WHEREAS, the federal government, through its misguided policies has: 1) damaged not only Alaska's economic future but that of our entire country by not developing the energy reserves of Alaska and the rest of the nation; 2) exported our money instead of keeping our money at home; 3) outsourced our energy jobs to other countries instead of hiring Americans; 4) increased our debt and inflated our currency; 5) increased our negative trade imbalance; and 6) relied on other countries including those whose interests are often adversarial to the United States to set the price for energy supplies; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows: Section 1. That the Ketchikan Gateway Borough recognizes May 4, 2011, as the 100th anniversary of the Cordova Coal Party patriots who took symbolic action to focus attention on the fad that the federal government's misguided policies were actively damaging Alaska's future_ Section 2. One hundred years later, the Ketchikan Gateway Borough Assembly passes this 'resolution to focus attention on the fact that the federal government has worsened its stranglehold on Alaska and continues to actively damage not only Alaska's future but the future of the entire nation through continued misguided policies. Section 3. The Assembly calls on the President of the United States, the U.S. Secretary of the Interior, the U.S. Senate, and Congress to develop common sense energy policies, land use -95-- Pesch.: on No. 2322 Page 4 policies, and other public policies that allow Alaska and the rest of the nation to utilize their abundant energy resources in a safe, environmentally sound manner that serves the best interests of Americans. Section 4. This resolution is effective immediately. Section 5. A copy of this resolution shall be provided immediately to: 1) President Barack Obama, 2) U.S. Secretary cf the Interior Ken Salazar, 3) Senator Lisa Murkowski; 4) Senator Mark Beglch, 5) Congressman Don Young, and 6) Congressman Devin Nunes. ADOPTED this 18th day of April, 2011. Davy Differ, Borough Mayor Kacie Paxton, Borough Clerk APPROVED AS TO FORM: Se A. Brandt- Erichsen, Borough Attorney EEFFEC1WE DATEE:: APRi1, 18, 2011 -.... _.._._..fl ��>1A ffiIffi. _nrl h+'�Sm sy[' L Gkti� ss!e:�:J' AA^riA J A.t Bailey - i ✓ i Harrington J Mora r Phillips J Rotecki Salazar 1 J Shoemaker J j Mayor (tie votes only) 4 AFFSRMATNE VOTES R LRRED Ftlit PASSAGE -96- April 26, 201 I. Ur -rilyn I•tehschull, A:`(�l} Planning & Zoning Department Ci.ty of Kenai 210 hidalgo Avenue Kenai, AK 99611 RE: Objection to Prsaaased Or€Ssatataca 114.22,0 10 in the RI Z -I : Deem Distract. Kebschull: 546-201.1 d th The Trust and Office (MO) received your work session r :otice on April 25, 2(31 1 concerning the proposed E r'.'y e " r, nai's O di.na,n, e No. 2546-2011, that would amend Title 14 72.01.0, malting comprehensive 4han ;es to tine Land lJse Table in the Rural Residential 1. (RR -i.) Zoning District. ". he lLO received no ton (not from the City of Kenai ow: Prom a third party) on April 25, 201.1. and two days notice is simply insa feienr notice for the TLO stab" to attend A,prf 27, 2011 work session. The Trust owns parcels located in the RR -1 Zone, more specs iically de, iz SWR SW V4 of Section 33, T. 6 N., R. 11 W., and the SE% of Section 6, T. 5 N., R. 10 W :ll within the Seward vteriui.an. The T LO identifies these lands as MR Parcels SM -1024 (surface estate) and 5501.13 (oil and ras estate only). The Kenai Peninsula Borough identities the Trust land as Parcels number 0450 005 (SM -1024) in the MAPS area and the oil and gas estate of the Three W's Subdivision (850113). After reviewing the available iutarmat orr, the TLO strenuously objects to the proposed Ordinance No. 2546- 2011. This proposed Ordinance will severely restrict or elirrtinate possible use of the land, greatly depreciating the economic value of Trust land. This act damage the 171,0 mission of generating revenue for our beneficiaries, y The TLO also duestiorts whetlher tins proposed Ordinance cornpiies vi't3h fhe guidelines of the • City of Kenai's Comprehensive Plan and if a planning process has been employed to determine that the impacts of the proposed Ordinance will benefit the whole community of Kenai, The TLO has not had sufficient time to research and. rev wall the iztforhhalion and the impacts the proposed Ordinance will cause on Truat land in the area. The TL0 reque is to be notified oi' any future meetings and he sent any new information regarding Ordinance 2)46-2011. Please send o||no65coLionon:gu/8iog,}1Mtn!a\8eubbTtuut|uodo|o: Trust Land Office 7l8l. Street, Suite 20Z Anchorage, /\Ko950l The Trust Land Office manages Alaska Mental Health Trust land to benefit mental health beneficiaries in the state. Our mission includes maximizing revenue from Trust lands for the Trust, Eliminating land u.ses on Trust tand, in this case, would restrict or diminish the highest and best use of these parcels, lfy^uhuvvqoeobaosor9/isbk>ooa\zcttbn1CL(}pleuaeouUTrua1Rcmoon:r Victor /b7poibziuz/yO7\602'79lb, We sincerely appreciate your consideration uf our objection, Si Executive Director Carol Freas From: Marilyn Kebschull Sent: Tuesday, April 26, 2011 3:51 PM To: Carol Freas Cc: Rick Koch; victor.appolloni ©alaska.gov Subject: FW: Trust Land Office Response to Ordinace 2546 -2011 Attachments: TLO Letter Dated 4- 26- 2011.zip Carol, spoke with Mr. Appolloni and H has asked that the inforrnation included in his email and the attached letter be. provided to Council in reference to Ordinance. No. 2546-2011. Marilyn K. Kebsc'nuti, AECP Pfanninq Administration City of Kenai 210 Fidaigo Avenue Kenai, AK 99611 907 -283 -8235 From: Appolloni, Victor E (DNR) [ mailto :victor.aP0olloni ©alaska.ciovl Sent: Tuesday, April 26, 2011 3:44 PM To: Marilyn Kebschull Cc: glenda(aqlendafeeken.com Subject: Trust Land Office Response to Ordinace 2546-2011 M arilyn, Attached is a response from the Trust Land Office (TLO) regarding the City of Kenai's proposed Ordinance No. 2546- 2011, As the letter states, the TLO will not be able to attend the work session due to the two days notice the TLO was informed of the session. Please include the attach letter in the work session and on the record. Victor Appolloni Trust Resource Manager Trust Land Office 718 LStreet, Suite 202 Anchorage, AK 99501 Office: (907) 269 -8658 Fax: (907) 269 -8905 Cell: (907) 602 -7916 -99- NOTICE OF PUBLIC HEARING MAY 4, 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. 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. 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) 3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of 58,000 Within the Water and Sewer Special Revenue Fund- Wastewater Treatment Plant Department. 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. 5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY 11 Rate of S15.00 Per 12 -Hour Period for Parking and S 15.00 Per Overnight Camping to $20.00 for Each. 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). 8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. 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: May 2, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MAY 4, 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. 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. 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. 3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY 11 Rate of $15.00 Per 12 -Hour Period for Parking and S 15.00 Per Overnight Camping to S20.00 for Each. 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). 8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of 5804,302.00. 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: May 5, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Kathryn Knackstedt -- "Caring for the Kenai' Project Presentation/ "Keep Your (Cigarette) Butts Away from Water and Trails." 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. 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. 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) 3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. 5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY11 Rate of $15.00 Per 12 -Hour Period for Parking and $15.00 Per Overnight Camping to $20.00 for Each. 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15.000 3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 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.kenahak.us. Carol L. Freas, City Clerk D/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA J }ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO tt93476 a printed copy of which is hereto annexed was published in said paper one each and every _ day for one successive and consecutive day following dates: May 2, 2011 in the issues on the SUBSCRIBED AND SWORN to me before this 9th oty ot..._ May_ .. - - - - -- - - - -'-- 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL – REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI. CITY COUNCIL CHAMBERS http: / /www ci kenai ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1 Kathryn Knackstedt - Caring for the Kenai" Project Presentation /Keep. Your (Cigarette) Butts Away from Water and Trails." ITEM Dt 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 their own and on others' behalf ) 1 Ordinance No. 2553 -2911 -- 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: 2. Resolution No 2011-29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No 2011 -29 was amended and subsequently postponed On order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to. approve Resolution No 2011 -29, as amended, is active.) 3. Resolution No 2011-32 – Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. 4 Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc„ for LED Streetlight Installation 2011 for the Total Amount of $27,522.68 5, Resolution No. 2011 -34 - Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport . 6. Resolution No. 2011 -35 – Amending its Comprehensive Schedule of Rates; Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal. Use Fishery on the City's North and South Beaches From the FY11 Rate of $15.00 Per 12 -Hour Period for Parking and $15.00 Per Overn{ght Camping to $20 00 for Each 7 Resolution No. 201136 -- Authorizing a Budget Transfer Within the General Fund, Non- Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub- Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA) Resolution No 2011 -37 - Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval. of Purchase Orders Exceeding $15,000 3 `Ordinance No 2554-2011 – Increasing Estimated Revenues and Appropriations by $25;000 in the Personal Use Fishery Capital Projects Fund. 4 "Ordinance No 2555 - 2011: -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the AirportApronlPavement Rehabilitation. EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http:/ /www.ci.kenai.ak:us. Carol L Freas, City Clerk , 0682/211'