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HomeMy WebLinkAbout2011-07-20 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date:Q dv apt Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk City Manager City Attorney Finance Library Kebschull Fire Department Student Rep. Cunningham Hall Binder Clarion KSRM Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. COUNCIL MEETING OF:1 0 / 7 M BOYLE PORTER MOORE GABRIEL BOOKEY N MARQUIS MOLLOY N S V BOYLE PORTER &4 MOORE GABRIEL BOOKEY MARQUIS MOLLOY Page of M S V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V BOYLE PORTER P MOORE GABRIEL BOOKEY c �d 3Y*�{ Y'n i pc 3 '} 4 "fr MARQUIS MOLLOY r M BOYLE PORTER MOORE GABRIEL BOOKEY N MARQUIS MOLLOY N S V BOYLE PORTER &4 MOORE GABRIEL BOOKEY MARQUIS MOLLOY Page of M S V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY M S V BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS MOLLOY JULY 20, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: Information Items Invitation -- Rural Alaska ADMINISTRATION Community Action Program CONSENT AGENDA None. AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / / www. ci.kenai. ak.0 s 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. Lawrence N. Hoyez -- Concerns Regarding Water /Sewer Costs to Low Income Senior Citizens ITEM C: ITEM D: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 1 1 -a. Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of what is a "Junk Vehicle." 6 2. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements 14 3. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project 21 4. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project 23 5. Resolution No. 2011 -59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project 25 6. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 27 7. Resolution No. 2011 -61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070 30 ITEM E: MINUTES 1. *Regular Meeting of July 6, 2011 34 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 44 2. Approval of Purchase Orders Exceeding $15,000 45 3. *Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant 46 4. *Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant 49 5. *Ordinance No. 2571 -2011 -- Increasing Estimated Revenues and Appropriations by $480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai 53 6. *Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant 55 7. *Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery 56 8. *Ordinance No. 2574 -2011 -- Increasing Estimated Revenues and Appropriations by $72,552 in the Anadromous Fish Protection Capital Project Fund for the Receipt of a Grant from the State of Alaska Department of Fish and Game, Division of Sport Fish, to Fund Efforts to Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake 58 9. Action /Approval -- Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC 60 10. Action /Approval -- Vacate the 50 -foot Wide Section Line Easements (North /South & East /West) Lying Within the U. S. Survey No. 4969 Excluding the Area that will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery Expansion No. 2 plat; and Vacate the 33 -foot Wide Section Line Easements (North /South & East /West) Lying Within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and Vacate the 3 -foot Wide Section Line Easements Each Side of the Section Line Common to the Southwest '/a Section 32, T6N, R11W, and the Northwest 1/4 of Section 5, T5N, R11W, Lying Between the Main Street Right -of -way and U. S. Survey No. 4969; All Within Section 31 & 32, T6N, R11W and Sections 5 &6 T5N, R11W; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -59 65 11. Discussion -- Schedule Work Session to review City Clerk Applications 96 12. Discussion -- Web Streaming of Planning and Zoning Commission Meetings, Work Session, and other Events ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 98 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 100 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 105 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- Concerning a matter that could prejudice the reputation and character of another -- City Manager Performance (at City Manager's request). ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a Later date as noted and are not action items for this meeting.) Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564- 2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the Citu Manager to review the code enforcement aspect of it relative to real property.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 20, 2011 Page No. 1. 6/15/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 117 2. Budget Transfer in Capital Projects in Excess of $ 5,000 3. Comprehensive Plan Update Status 4. Planning and Zoning Resolutions -- Second Quarter 2011 5. City of Kenai Building Permits -- Second Quarter 2011 118 120 122 6. Murkowski All- America City Congratulations Letter 125 7. Kenai Community Library Expansion Congratulations Letters 126 8. Ocean Renewable Power Company Thank You Letter 129 hr. pry KENAI.AALASRA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2560 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK VEHICLE." WHEREAS, the City has adopted ordinances prohibiting owners of private property from leaving vehicles on the property that are considered "junk vehicles" for longer than 72 hours except under certain circumstances; and, WHEREAS, the City's definition of "junk vehicle" includes vehicles that are not current in their registration with the State of Alaska, even if the vehicle is parked on the property owner's driveway and is not in obvious disrepair; and, WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration to lapse when they are not operating a vehicle on the roadways and occupants of private property should be permitted to make decisions about where to properly store vehicles otherwise operational on their property; and, WHEREAS, law enforcement officers enforce the State's vehicle registration laws and cite drivers who operate vehicles on roadways where the driver's vehicle is not current in its registration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 12.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is hereby amended as follows: 12.25.030 Leaving of junked or illegally parked vehicles. (a) No person shall leave any junk[ED] vehicle on any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). New Text. Underlined ;DELETED TEXT BRACKETED] 1 Ordinance No. 2560 -2011 Page 2 of 3 (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to remain on such property longer than seventy -two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy - two (72) hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (1) "Junk vehicle" means a motor vehicle that is: (1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF THE CITY; OR (2)1 In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or ([3]2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or New Text Underlined- [DELETED TEXT BRACKETED] 2 Ordinance No. 2560 -2011 Page 3 of 3 ([4]3) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. [(g) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION (F)(1) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT WITHIN THE PRECEDING ONE (1) YEAR.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application, Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Lorene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Second Reading: June 15, 2011 Third Reading: July 20, 2011 Adopted: July 20, 2011 Effective: August 20, 2011 New Text Underlined: [DELETED TEXT BRACKETED] 3 "Village with a Past, Gity with a Future" VIF:MO: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 IIIIII Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council ROM: Rick Koch BATE: June 9, 2011 SUBJECT: Ordinance No, 2560 -2011, Amending the Definition of What is a "Junk Vehicle" The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration recommends approval of this ordinance. If you have any questions, please contact me at your convenience. 1991 4 Carol Freas From: Duane Bannock [d_bannock @hotmail.com] Sent: Tuesday, June 07,-2011 9:31 PM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil,com; cpajoe @altrogco.com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriel @acsalaska.net Cc: Carol Freas Subject: Ordinance 2560 -2011 Dear Mayor Porter and Council Members, Thank you for your dedicated efforts in making Kenai such great place to live! Your work is appreciated. I am writing to you with my comments regarding. Ordinance 2560 -2011 to amend the definition of what is a junk vehicle; specifically, to remove the reference to current vehicle registration. I was a member of the Kenai City Council when this law was adopted and I'm disappointed that now, 13 years later, I'm learning that the law doesn't read the way 1 thought it did. I believe there is logic for keeping the language and it is based on my experience as a former DMV employee, although I think slight changes my be necessary. While the Alaska law is clear that vehicle registration is a requirement only for vehicles driven on public roads (AS 28. ].0,01 1) there is also a local, fiscal element to current vehicle registration. The Kenai Peninsula. Borough has selected the DMV to collect local property tax on automobiles through Motor Vehicle Registration Tax (MVRT AS 28.10.431). When vehicle registration is paid (originally and at renewal) a portion includes MVRT which is forwarded from the state to the borough and to the city. As such, when vehicle registration expires and . remains unpaid, the borough and/or city are not collecting the scheduled tax revenue. Others have argued against MVRT by stating that "the vehicle is not operable — why should I be required to pay tax on it ?" I submit that MVRT is not a `use -tax' but rather, is the correct substitute for personal property tax. The other reason I support a local requirement for current registration, specific to junked' or inoperable vehicles, is that many of the abandoned vehicles in Alaska are unregistered and lead to difficulties in identifying the ownership and the responsible party. However, 1 firmly believe that the ordinance, as currently written, is flawed for the simple reason that expired. registration alone, should not lead to a definitive finding of "Junk vehicle." Please accept my possible suggestions for your consideration: 1. Keep the Language currently found in 12.25.0300(1), but renumber to include it as one of the 'conditions' found in (0(2) OR 2. Amend language in 12.25,030(f)(1) by replacing the OR conjuncture with AND Thank you for your consideration, and a Special Thank You for all that you do, Duane Bannock 1908 Aliak PO Box 2044 Kenai, AK 99611 SUBSTITUTE Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2560 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 12.25.010, DEFINITIONS TO ADD DEFINITIONS FOR OPERATIVE VEHICLE AND INOPERATIVE AND AMENDING KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK VEHICLE." WHEREAS, the City has adopted ordinance prohibiting owners of private propeli.y from leaving vehicles on the property that are considered "junk vehicles' for longer than 72 hours except under certain circumstances; and, WHEREAS, the City's definitions do not include definitions for "operative" and "inoperative" vehicle and definitions should be included to identify vehicles which may be considered a junk vehicle; and, WHEREAS, the code should provide an avenue to determine if a vehicle is operable; and, WHEREAS, the City's definition of "junk vehicle" includes vehicles that are not current in their registration with the State of Alaska, even if the vehicle is parked on the property owner's driveway and is not in obvious disrepair; and WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration to Lapse when they are not operating a vehicle on the roadways and occupants of private property should be permitted to make decisions about where to properly store vehicles otherwise operational on their property; and, WHEREAS, law enforcement officers enforce the State's vehicle registration laws and cite drivers who operate vehicles on roadways where the driver's vehicle is not current in its registration. WHEREAS, the definition of "junk vehicle" should include vehicles that are inoperable and incapable of performing the function for which they were manufactured; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 12.25.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.010 Definitions, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETEDI 6 12.25.010 Definitions. The following definitions shall apply in this ordinance: p ation and enforcement of (a) "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (b) "Vehicle" shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon. (c) "Street or highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. (d) "Property" shall mean any real property within the City which is not a street or highway. (e) "Operative" means any vehicle that can be started with the ignition, will operate at idle speed, can be driven in forward gear and stopped with brakes and can be driven in reverse gear and stopped with brakes." �f "Inoperative" means any vehicle that may not be operated because of the need for repairs." Section 3. Amendment of Section 12.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is hereby amended as follows: 12.25.030 Leaving of junked or illegally parked vehicles. (a) No person shall leave any junk[EDI vehicle on any street, highway, or public property within the City. (b) No person shall Ieave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to remain on such property longer than severity-two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy - two (72) hours; except that this ordinance shall not apply with regard to: (11 a vehicle in an enclosed building; New Text Underlined; )DELETED TEAT BRACKETED] 7 (21 a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; (31 [OR] a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City; or (41 a vehicle that has been proven operable to the Planning Director or designee, and does not satisfy the conditions listed in KMC 12.25.030(f), (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the veh.icle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (f) "Junk vehicle" means a motor vehicle that is: (1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF THE CITY;] or Inoperable and incapable of performing the transportation function for which is was manufactured., (2) In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (11) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or (3) Stripped, wrecked or otherwise inoperable due to mechanical failure; or (4) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. [(G) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION (F)(1) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR New Text Underlined; (DELETED TEXT BRACKETED] 8 VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT WITHIN THE PRECEDING ONE (1) YEAR.] Section[314. Severabilitv: if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section [4]5. Effective Date: Pursuant to KMC 1.15,070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: CrIRWT,TP HAT T rttmg CIPtk PAT PORTER, MAYOR Introduced: June 1, 2011 Postponed: June 15, 2011 Adopted: July 20, 2011 Effective: August 20, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 9 MEMO: 'Village with a Past, Cdy with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 W® Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 1997 Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: June 30, 2011 SUBJECT: Ordinance No. 2560 -2011— An amendment to KMC 12.25.030 "Leaving of Junked or Illegally Parked Vehicles' At the June 151° Council meeting, Council postponed action on Ordinance No. 2560 -2011 until the second meeting in July to send it back to P &Z and administration for review. A review by administration was conducted and additional amendments proposed. A substitute ordinance has been prepared for consideration. A memo dated June 281", was prepared by Planning Assistant Carver that describes administration's proposal. That memo is attached. The substitute was presented to the Planning and Zoning Commission at their meeting on July 131n. The Commission supported administration's recommendation with changes to definitions including: Under KMC 12.25.010 Definitions (e) removing "vehicle" after "Operative." The substitute was updated to show this change so it would read, "Operative" means any vehicle that can be started with the ignition, will operate at idle speed, can be driven in forward gear and stopped with brakes and can be driven in reverse gear and stopped with brakes. The Commission also recommends updating the definition of vehicle under KMC 12.25.010 Definitions (b) "Vehicle" shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon. It appears that this definition is outdated and should be updated to reflect the intent of the original ordinance which was to define and regulate junk motor vehicles, those vehicles intended by the manufacture for use on public roadways. Some of the examples listed in the existing definition (tractor, buggy, and wagon) are currently addressed under KMC 12.20.030 Debris and Junk Prohibited. Administration has not included an updated definition for vehicle in the substitute ordinance but recommends Council consider amending KMC KMC 12.25.010 (b) as follows: "Vehicle" shall mean a device that is designed or used to transport people or cargo whose propulsion is provided by an engine or motor ( "motor ") such as an internal combustion engine, electric motor, combination of the two (hybrid electric vehicle), or some other method and is intended by the manufacturer for use on public roadways. 10 ct KENAI, ALASKA "Villayr e with a Past, CI with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 '1111' 1992 EMO: • TO: Rick Koch, City Manager City Manager THRU: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant DATE: .tune 28, 2011 SUBJECT: Ordinance 2560 -2011 "Leaving of Junked or Illegally Parked Vehicles" and amending KMC 12.25.010 Definitions At the June 15th Council meeting, Council postponed action on Ordinance No. 2560 -2011 until July 20, 2011, The Council asked the Planning Commission and Administration to review the proposed amendment. The proposed amendment removes: KMC 12.25.030 (f) (1) "Vehicles not currently registered, for operation upon the public roads of the City." Administration agrees with the removal of this section of the code. Under the existing code, property owners are able to circumvent the junk vehicle requirement by simply registering a junk vehicle. The intent of the ordinance is to minimize the adverse effect on adjacent property owners and the neighborhood. Removing the registration exemption supports the intent of the ordinance. ➢ KMC 12.25.030 (g) `71 is an affirmative defense to a prosecution under subsection (P) (I) of this section that the motor vehicle is used only for motor vehicle racing and has been in a legal competitive racing event within the preceding one (7) year." Administration supports the removal of this section of the code. Complaints regarding race cars have been minimal. Cars are typically stored on trailers during the season or within garages. There have been isolated incidents due to an accumulation of vehicle parts. These incidents are regulated under KMC 12.20.030 Debris and Junk Prohibited. Administration appreciates Council providing an opportunity to address the ordinance and recommends Council consider changing /adding the following: ➢ Add the following definitions to section KMC 12.25.010 Definitions: 11 (e) "Operative Vehicle" means any vehicle that can be started with the ignition kev, will operate at idle speed, can be driven in fonvard_gear and stopped with brakes and can he driven in reverse gear and stopped with brakes. (fl "Inoperative" means any vehicle that may not he operated because of the need for repairs. ➢ Consider reformatting KMC 12.25.030 (c) to list the exceptions and add item 4. For example: No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to remain on such property longer than seventy -two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy -two (72) hours; except that this ordinance shall not apply with regard to: (I) (2) (3) (4) a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; [OR] a vehicle in an appropriate storage place of depository maintained in a lawful place and manner by the City; or a vehicle that has been proven operable to the Planning Director or designee. and does not satisfy the conditions listed in KMC 12.25.030(f), ➢ Add to section KMC 12.25.030(i) "Junk vehicle" means a motor vehicle that is: [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF TIIE CITY; OR] (1) Inoperable and incapable of performing the transportation function for which it is manufactured: or (2) in a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat or drive shaft; or (3) Stripped, wrecked, or otherwise inoperable due to mechanical failure; or (4) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. 12 Council also had questions regarding the fiscal impact to the City in reference to property taxes. The following table shows the number of junk vehicle complaints for the past 10 years, and how many of those were due to expired registration: Year Junk Vehicle Complaints Registration Violation 2000 11 0 2001 6 3 2002 48 1 2003 38 0 2004 27 0 2005 30 2006 42 3 2007 30 0 2008 21 3 2009 10 3 2010 16 3 TOTALS 279 19 Based on this record, the fiscal impact to the City by amending the ordinance would be minimal. Attached is Ord. No. 2560 -11 incorporating administrations recommendations. 13 t ciy of KENA ALASKA CITY OF KENAI RESOLUTION NO. 2011 -56 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE TERMS AND CONDITIONS OF THE WATER TREATMENT UPGRADES GRANT OFFER AND RESPONSIBILITY TO OPERATE AND MAINTAIN THE WATER UTILITY IMPROVEMENTS. WHEREAS, the City of Kenai through the State of Alaska, Department of Environmental Conservation requested grant funding for the New Water Treatment Facility, and Related Improvements; and, WHEREAS, in 2010 the City of Kenai through State of Alaska, Department of Environmental Conservation received a 5945,000 appropriation for "New Water Transmission Mains (Phase II), Wellhouse; and, WHEREAS, in 2009 the City of Kenai through State of Alaska, Department of Environmental Conservation received a $2,070.100 appropriation for `New Water Transmission Mains (phase II), Wellhouse"; and, WHEREAS, in 2009 the City of Kenai through State of Alaska, Department of Environmental Conservation received a $627,000 appropriation for "Water Treatment Plant Upgrades Phase III"; and, WHEREAS, these three appropriations have been combined into one grant offer titled "Water Treatment Upgrades (MMG #47550); and, WHEREAS, the improvements will provide increased volumes of drinking water meeting the EPA water quality standards; and, WHEREAS, the grant requires that City of Kenai accept responsibility to operate and maintain the proposed water utility improvements and agree to the terms and conditions of this grant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR 14 DEPT. OF ENVIRONMENTAL CON DIVISION OF WATER DIRECTOR'S OFFICE Mr. Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Koch: 1 fi SEAN PARNELL, GOVERNOR 555 Cordova Street Anchorage, AK 99501 PHONE: (907) 269 -7502 FAX: (907) 269 -7509 http://www.state.ak.us/dec http://www.dec.state.ak.us May 10, 2011 Grant Offer: Water Treatment Upgrades (MMG #47550) In accordance with AS 46.03.030, the Department of Environmental Conservation (Department) is pleased to offer the City of Kenai (Grantee) a grant of funds not to exceed $3,642,000. This grant will finance the engineering and construction of a new water treatment facility including treatment and supply piping systems, storage reservoir, sewer main connection for backwash, drilling a new production well, upgrading well controls, decommissioning old wells contaminated with arsenic, providing a standby generator, and other related work needed to.address Kenai's arsenic issue and make the water system fully functional and ADEC /EPA compliant. Estimated eligible costs for this project are $5,202,857. The total grant for thic project is limited to 70 percent of eligible costs pursuant to AS 46.03.030(e). This grant, which will be administered by the Department, represents a combination of the state fiscal year 2009 appropriation (SB #75) for the project entitled New Water Transmission Main (Ph. II) Wellhouse in the amount of $945,000 and the state fiscal year 2010 appropriation (SB #221 and SB #303) for projects entitled Water Treatment Plant Upgrades, Phase III for $627,000 and New Water Transmissoin Mains (Phase II) Wellhouse for $2.070,000. This offer is expressly conditioned upon the Grantee accepting the offer and agreeing to comply with the terms and limitations contained herein, in 2 AAC 45.010 (enclosed), in 18 AAC 73 (enclosed), and is based upon estimated eligible project costs as itemized below: 15 Total Estimated Eligible Project Costs 1. Administrative $32,686 2. Design 30,000 3. Const., Engineering and Management 350,000 15 City of Kenai MMG #47550 Page 2 of 5 4. Construction 4,250,000 5. Contingencies 540.171 6. To Estimated Eligible Costs 5,202,857 7. State Grant 3,642,000 Adjustment of expenditures within the budgeted cost items is allowed, however, if actual project costs exceed the total estimated eligible costs, a revised grant application must be submitted before additional funding can be committed. If actual project costs are less than the estimated costs, the grant will be reduced to the extent necessary to comply with the percentage limitation set forth in this offer, Grant payments will be made when expenses have been incurred and documentation has been provided to the Department along with the payment request form, unless a payment schedule is established as a special condition of this grant. Payments will noimally be made monthly, but no more frequently than twice per month. All requests for payment must be submitted on the enclosed Request for Payment form. GENERAL GRANT CONDITIONS 1. Plan Approval: The Grantee agrees to obtain plan and specification approval from the Department in accordance with 18 AAC 73.020 prior to issuing a Notice to Proceed with Construction to a contractor. 2. Contract Award and Contractor Bonding Requirements: a. The Grantee agrees to bid construction contracts exceeding $50,000. Adequate time (not less than 30 days) shall be allowed between the date of formal advertisement and the date the bids must be submitted. b. The Grantee agrees to submit procedures for award of construction contracts of less than $50,000 to the Department for prior approval when means other than the competitive bidding process are proposed. c. The Grantee must require the contractor to furnish performance and payment bonds in accordance with AS 36.25.010. d. If local or federal ordinances or regulations also apply to the contract award or contractor bonding requirements for this project, the most stringent requirements shall apply. e. The Grantee agrees to provide the Department with a summary of itemized bid tabulations, a copy of the Notice to Proceed, and a copy of the construction contract. 16 City of Kenai MMG #47550 Page 3 of 5 3. Change Orders: The Grantee agrees that all project change orders will be submitted to the Department for approval in accordance with 18 AAC 73.020(e). Project Completion: The Grantee agrees to provide sufficient local funding to match State and federal grant assistance and to ensure the completion of a properly functioning project in accordance with 18 AAC 73.020(j). 5. Operation and Maintenance: The Grantee agrees to operate and maintain the completed project. 6. Titles and Easements: the Grantee agrees to obtain all titles and easements necessary to provide clear title or authority to construct and maintain the proposed project. 7 Eligibility: The Grantee acknowledges that disbursement of progress payments by the State does not constitute acceptance of any item as an eligible project cost until all project costs are audited and determined to be eligible. Ineligible project costs must be included in the final audit report. 8. Inspection: The Grantee agrees to allow, at any reasonable time, Department inspection of all project work and audit of related records and data for which this grant is offered. 9. Records: The Grantee agrees to maintain project accounts and records which verify the grant eligibility of project expenditures. These accounts and records shall be kept apart from non -grant eligible local records and from those records maintained for the purpose of other State nr federal grant programs r --r -�- programs in the project. 10. Progress Reports: The Grantee agrees to submit periodic progress reports on the proposed project with each payment request. 11. Americans with Disabilities Act: The Grantee must certify that projects and services provided under this grant are made available to the general public in compliance with the Americans with Disabilities Act of 1990. 12. Discrimination: The Grantee agrees to administer this grant in a non- discriminatory manner. No person shall be discriminated against based on race, religion, color, national origin, gender or disability. 13. Damages. The Grantee shall hold and save the Department, its officers, agents, and employees harmless from liability of any kind, including costs and expenses, for or on account of any and all suits or damages of any nature, sustained by any person or persons or property, by virtue of performance of the grantee, or any person or entity acting in place of or for the Grantee for this project. 17 City of Kenai MMG #47550 Page 4 of 5 14. Grant Cancellation: The Grantee acknowledges the right of the Department to rescind this grant and seek recovery of payments already made if the Grantee has provided incorrect or misleading information to the Department or if a grant condition contained herein or in 18 AAC 73 is violated. This grant offer may be terminated at any time it is in the best interest of the State to do so. SPECIAL GRANT CONDITIONS For purposes of eligibility, July 1, 2009 is the effectivi- date of this grant. Please carefully review this grant offer, the related grant conditions, and the enclosed regulations. If satisfactory, sign and return the original, along with a formal resolution accepting the grant enacted by the Kenai City Council. In the resolution the Grantee must agree to accept responsibility to operate and maintain the proposed water utility improvements and agree to the terms and conditions of this grant offer. Acceptance of the grant is required within six months to prevent revocation of the offer. No progress payments can be made until this grant offer is signed by the Grantee and returned to the Department. Nothing in this offer, whether or not accepted, may be deemed to constitute a contractual obligation on the part of the Department until a resolution of acceptance has been received. The Department is pleased to offer this assistance to the people of Kenai. Sincerely, Lynn J. Tomich Kent Director Enclosures: 2 AAC 45.010 18 AAC 73.010 Construction Grant Project Eligibility Request for Payment cc: Senator Thomas Wagoner Representative Kurt Olson Representative Mike Chenault 18 Accepted on behalf of the C , di by: KICK KOCH Cnl hAM'JA4 Title 19 Date City of Kenai MMG#47550 Page 5 of 5 the my of KENAI, ALASKA "Vi/fa e with a Past, CI with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMO Ni DLM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: July 13, 2011 SUBJECT: RESOLUTION 2011 -56 ACCEPTING THE TERMS AND CONDITIONS OF THE WATER TREATMENT UPGRADES GRANT OFFER AND RESPONSIBILITY TO OPERATE AND MAINTAIN THE WATER UTILITY IMPROVEMENTS. Rick, This grant offer is for the Kenai Water Treatment Building and associated system upgrades. These grants have previously been accepted and appropriated. The Department of Environmental Conservation combined these grants to simplify the reporting process. This resolution is required to meet the grant offer requirements. Attachment: Grant Offer (5 pages) 20 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE GENEROUS CONTRIBUTIONS OF THE FRIENDS OF THE KENAI COMMUNITY LIBRARY WHICH WAS CRITICAL TO THE SUCCESS OF THE KENAI COMMUNITY LIBRARY EXPANSION AND REMODEL PROJECT. WHEREAS, the Kenai Community Library was substantially undersized to provide quality services to the Kenai Area; and, WHEREAS, during the past 20 years there had been several unsuccessful atte undertake a Library expansion project; and, Pus to WHEREAS, the Friends of the Kenai Community Library has generously provided funding for the Kenai Community Library for many years; and, WHEREAS, the Friends of the Kenai Community Library provided funding in excess of $500,000, thereby making this project possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Friends of the Kenai Community Library are recognized for their generous contributions which were critical to the success of the Kenai Community Library Expansion and Remodel Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Corene Hail, CMC, Deputy City Clerk 21 PAT PORTER, MAYOR "Village with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MFMO: TO: City Council FROM: Rick Koch DATE: July 14, 2011 SUBJECT: Resolutions 2011 -57, 2011 -58 & 2011 -59 The purpose of this correspondence is to recommend Council approval of the above referenced Resolutions. These resolutions recognize the generous financial contributions to the Kenai Community Library Expansion and Remodel project. If you have any questions, please contact me at your convenience. 22 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE GENEROUS CONTRIBUTIONS OF' THE RASMUSON FOUNDATION WHICH WERE CRITICAL TO THE SUCCESS OF THE KENAI COMMUNITY LIBRARY EXPANSION AND REMODEL PROJECT. WHEREAS, the Kenai Community Library was substantially undersized to provide quality services to the Kenai Area; and, WHEREAS, during the past 20 years there had been several unsuccessful attempts to undertake a Library expansion project; and, WHEREAS, the Rasmuson Foundation and the Rasmuson Family has generously provided funding for many Alaskan historical, educational, and arts projects; and, WHEREAS, the City of Kenai applied for a Rasmuson Foundation Grant requesting funding to assist in the Kenai Community Library Expansion and Remodel project; and, WHEREAS, the Rasmuson Foundation provided funding in the amount of $1,500,000, thereby making this project possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Rasmuson Foundation is recognized for their generous contribution which was critical to the success of the Kenai Community Library Expansion and Remodel Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Lorene Hall, CMC, Deputy City Clerk 23 PAT PORTER, MAYOR M "Village with a Past, Gc with a Future" EMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 Sand Itirr 1992 TO: City Council FROM: Rick Koch DATE: July 14, 2011 SUBJECT: Resolutions 2011 -57, 2011 -58 & 2011 -59 The purpose of this correspondence is to recommend Council approval of the above referenced Resolutions. These resolutions recognize the generous financial contributions to the Kenai Community Library Expansion and Remodel project. If you have any questions, please contact me at your convenience. 24 [[N p f RUM ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 201 1 -59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE GENEROUS CONTRIBUTION OF THE BP FOUNDATION WHICH WAS CRITICAL TO THE SUCCESS OF THE KENAI COMMUNITY LIBRARY EXPANSION AND REMODEL PROJECT. WHEREAS, the Kenai Community Library was substantially undersized to provide quality services to the Kenai Area; and, WHEREAS, during the past 20 years there had been several unsuccessful attempts to undertake a Library expansion project; and, WHEREAS, the BP Foundation generously provided funding for the Kenai Community Library; and, WHEREAS, the BP Foundation provided funding in excess of $150,000, thereby making this project possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the BP Foundation is recognized for its generous contribution which was critical to the success of the Kenai Community Library Expansion and Remodel Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Coren.e Hall, CMC, Deputy City Clerk 25 PAT PORTER, MAYOR "Village with a Past, Ci with a Future" MF;Mo: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: City Council FROM: Rick Koch DATE: July 14, 2011 SUBJECT: Resolutions 2011 -57, 2011 -58 & 2011 -59 The purpose of this correspondence is to recommend Council approval of the above referenced Resolutions. These resolutions recognize the generous financial contributions to the Kenai Community Library Expansion and Remodel project. If you have any questions, please contact me at your convenience. 26 1992 Ore rllf a f KENAIALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sale process; and, WHEREAS, a competitive sealed bid auction or internet sale process are reasonable and acceptable means of disposal of surplus and obsolete City property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Lorene Hall, Deputy City Clerk 27 PAT PORTER, MAYOR 2011 City of Kenai Auction ITEMS ATTACHMENT A RESOLUTION NO. 2011 -60 ,Quanty, Item Description ITEM # Dept 1 12' Monroe rollover plow & B' wing Airport 1 1996Chevy Cheyenne 1500 4x4 1/2 Ton W /fiber glass utility bed - shop 1 2001 Ford Crown Victoria shop 1 2000 Ford Crown Victoria shop f 2002 Dodge Grand Caravan Awd sport Shop 1 1995 Klauder MP -3D Snow Thrower Shop 1 2005 Downeaster DP -1908 Stainles Steel 1.9yd sander w/ honda motor Shop 28 "Vcllaye with a Past, a with a Future" KENA 45 S MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: THRU: FROM: DATE: SUBJECT: Rick Koch, City Manager Kevin Lyon, Acting Public Works Director Kayla Feltman, Public Works Assistant July 14, 2011 Resolution No. 2011 -60 and 2011 -61 Attached are Resolutions No, 2011 -60 and 2011 -61 with Attachment "A" that represent items which are no longer needed by the specific department listed or any other department within the City of Kenai, The Sealed Bid Auction and Surplus Item Sale is going to be held at 332 Airport Way. If Council passes Resolution No. 2011 -60 and 2011 -61, the City will hold a Sealed Bid Auction and Surplus Item Sale utilizing the following bid schedule: July 27, 2011 July 27, 2011 August 2, 2011 August 10, 2011 August 12, 2011 August 19, 2011 August 20, 2011 August 20, 2011 August 24, 2011 List and List Bid Form available on City Website and City Hall 1st Public Notice Ad in Peninsula Clarion 2 "a Public Notice Ad in Peninsula Clarion 3`° Public Notice Ad in Peninsula Clarion Last day to deliver items to City Shop Bid Form Deadline till 5pm Bid Opening and Surplus Item Sale at 10:OOam Pick up items Pick up deadline 29 eU Of KENAI ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.070. WHEREAS, the pieces of equipment, supplies, and materials Listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non - competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars ($1,000.00) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish and an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the City Shop Yard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.070, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2011. ATTEST: Lorene Hall, Deputy City Clerk 30 PAT PORTER, MAYOR 2011 CITY OF KENAI AUCTION ITEMS ATTACHMENT A RESOLUTION NO. 2011 -61 Quality Item Description jTEM # Dept 1 Aircraft Dolly Airport 1 Beacon Light Airport 1 Overhead shop lights(10) Airport Gas Pump dispenser Airport 1 Metal office cabinet Airport 1 Large Metal flat Plan File w/ stand Buildings 1 Linksys Wireless -G 2.4 ghz router Clerk 1 Hp scanjet Clerk 1 Miscellaneous metal shelving pieces Clerk 1 Plastic storage cabinet on wheels Clerk 1 LOOONG wooden sloped shelf piece (.used to belong to Library) Clerk 1 BOX Misc. Office stuff (stapler, trays, etc.) Clerk 1 HP color laserjet 3600dn with some cartridges Clerk 2 Two drawer filing cabinet Clerk 1 Meilink Steel Safe Finance Westinghouse Monitor Finance 1 Box of Misc. Computer Items Finance 1 Wooden Framed Cork Board 24" X 18" Legal 1 Silver Metal Framed Cork Board 24' X 18" Legal 1 Yellow, Metal Tray Legal 21 Wooden chairs (green upholstered seat) no arms Library 1 Bench — brown upholstered seat - 36x19x18 Library 7 Task chairs (blue upholstered seat and back) no arms Library 1 Wooden computer stand with green top - 50x42x31.5 Library 2 Wooden end tables — 30x30x16 Library 1 Wooden end table — 30x30x20 Library 3 Wooden tables with beige tops — 60x29x36 Library 2 Round wooden tables with green tops — 48 diameter x29 Library Laminate and metal table — 47.5x27x29.5 Library 1 Office chair (gray upholstered) with arms Library 1 Office chair (gray upholstered) no arms Library 1 Office chair (gray upholstered) no arms Library i office chair (gray upholstered) no arms Library 1 Wooden 4- section carrel with orange top - 72x48x46.5 Library 1 Wooden table with orange top — 48x29x24 Library 1 Wooden table — 72x29.5x24 Library 1 Wooden file cabinet — 15x30x16 Library t Brown upholstered sofa — 77x29x28 Library 3 Double -sided wooden book shelves — 37x42x20 Library 1 Double- sided, 3 sections, wooden book shelf — 108x42x20 Library 1 Double- sided, 4 sections, wooden book shelf — 144x63x20 Library Front Desk — u- shaped, 8 sections- wooden unit (excluding application file) Library approximate total dimensions - 174x41.5x25 Library 6 Acrylic display boxes — 26x12x13 Library 2 Acrylic display stands — 17.5x8.75x4,5 Library 1 Acrylic display shelf — 11x6x3 Library 1 Acrylic pamphlet holder — 8.5x10x4.5 Library 4 Acrylic display shelves — 16x6x3 Library 16 Acrylic display shelves — 22x6x3 Library 1 Rotating, wooden magazine display stand, 12 slots — 16x37x16 Library 12 -cup Mr. Coffee coffeepot Library 1 Fish Identification Poster — 38x24 Library 1 Framed Our Russian legacy" photograph - 18x21.5 Library 1 3 -m magnetic security sensitizer Library 4 Surge protectors Library 1 Metal hanjing file holder — 11.5x21x4 Library 1 Wooden file tray— 4x4x18 Library 1 2 -step wooden stool — 15x14x14 Library 1 1 -step wooden stool — 16x10.5x1 O Library 1 Metal keyboard tray — 22x5x16 Library 1 Bausch Si Lomb stand magnifier Library 2 Plastic magazine holder boxes Library 31 2011 CITY OF KENAI AUCTION ITEMS ATTACHMENT A RESOLUTION NC. 2011 -61 3 VuRysers — 11.5x11.5x1 Library 3 Pelco, Computer security cameras Library Miscellaneous steel book shelves Library 1 Yellow battery jumpbox Police 1 Red Popular Mechanic toolbox with toots Police Black Zenith TV Police 1 Tan 4- drawer file cabinet Police 7 Size 11 brown hip waders Police 7 Pair black mud boots Police 9 Va rious sizes black Twin Cities tee -shirts Police 5 Pocketknives Police 2 Pooistrcks Police 1 Large round dipnet Police 2 Jansport backpacks Police 1 Nexsfar flashlight Police 1 Cellularune audiovox Police 2 80GB black/silver iPods Police 1 4GB Pod Nano Police 1 Fulifilm Finepix camera Police 1 Black Cobra Microtalk walkie-talkie Police 1 Teac radio /clock wfiPod dock/remote Police 1 Dell CRT monitor Police 1 Black folding beach chair Police 1 Altec Lansing subwoofer /2 speakers Police 4 C4129X toner cartridges Police 1 Sonytaperecorderw /headset Police 1 Ergotron2- monitor stand Police 2 Computer keyboards Police 1 2 -port KVM switch - Police 1 D-link 4 -port router Police 6 UPS battery backups Police 1 Dell Dimension 3100 PC tower Police 1 Dell Optiplex GX240 tower Police 1 Dell Optiplex GX1 tower Police 1 HP TC2110 server Police 1 Dell Dimension 4600c tower Police 1 Plariar monitor Police 1 Plastic deskl2 drawers Police Misc computer wiring /components Police Various HP ink cartridges Police Misc tools Police 5 Huff bikes Police 2 Next bikes Police 1 Nishiki bike Police 2 Murray bikes Police 4 Magna bikes Police 2 Dyno bikes Police 1 MGX bike Police 1 Thruster bike Police 1 Super bike Police 1 Schwinn bike Police 1 Raleigh bike Police 1 Unknown make bike Police 5 6.6x11" white particle board shelves Police 5 3.5'x11" white particle board shelves Police 1 Wall mounts for shelves Police 1 Metal office desk Police 3 GE Electric 4 burner range and ovens Senior Housing 1 GE Electric 20 cu ft side by side refrigerator/freezer Senior Housing 3 GE Electic 20 cu ft over under fridge /freezer Senior Housing 1 Standard height toilet and tank Senior Housing 32 KENAI, ALASKA MEM "Vi(faye with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 TO: THRU: FROM: DATE: SUBJECT: Rick Koch, City Manager Kevin Lyon, Acting Public Works Director Kayla Feltman, Public Works Assistant July 14, 2011 Resolution No. 2011 -60 and 2011 -61 '1111' Attached are Resolutions No. 2011 -60 and 2011 -61 with Attachment "A" that represent items which are no longer needed by the specific department listed or any other department within the City of Kenai. The Sealed Bid Auction and Surplus Item Sale is going to be held at 332 Airport Way. If Council passes Resolution No. 2011 -60 and 2011 -61, the City will hold a Sealed Bid Auction and Surplus Item Sale utilizing the following bid schedule: July 27, 2011 July 27, 2011 August 2, 2011 August 10, 2011 August 12, 2011 August 19, 2011 August 20, 2011 August 20, 2011 August 24, 2011 List and List Bid Form available on City Website and City Hall 1st Public Notice Ad in Peninsula Clarion 2nd Public Notice Ad in Peninsula Clarion 3`d Public Notice Ad in Peninsula Clarion Last day to deliver items to City Shop Bid Form Deadline till 5pm Bid Opening and Surplus Item Sale at 1 D:OOam Pick up items Pick up deadline 33 1992 MINUTES KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ / www. ci. kenai. ak. u s MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:01 p.m. in the Council Chambers of the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL There were present: Mayor Pat Porter, Vice Mayor Mike Boyle (telephonically), Robert Molloy, Joe Moore, Brian Gabriel, Terry Bookey, Ryan Marquis, comprising a quorum of the Council. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: MOTION: Agenda -- Corrected Agenda B -3, Thomas R. Daly -- Procurement Matters: The Economic Impact of Local Suppliers G-4, Schedule Board of Adjustment Hearing -- July, August and September 2011 Calendars Council Member Molloy MOVED for approval of the agenda as amended with the additions to the packet as requested. Council Member Marquis SECONDED the motion. VOTE: There were no objections, SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. 34 KENAI CITY COUNCIL MEETING JULY 6, 2011. PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Frank Arbelovsky, Senior Connection -- Meals -on- Wheels Annual Donation Mr. Arbelovsky reported on the March 2011 Meals on Wheels Fundraiser, noting the Senior Center served over 36,000 meals last year, 27,000 of which were home delivered. He presented the City with a check for $11,716.11 to be allocated to the Meals on Wheels program and suggested Administration paint the new Meals on Wheels van to advertise the City's All- America City award. B -2. Glenda Landua, Kenai Peninsula Borough Office of Emergency Management -- Kenai Community Emergency Response Team (CERT) Program Overview. Jan Yeager gave a presentation on the Kenai Community Emergency Response Team (CERT) regarding training in disaster preparedness, local assessment outside the home, traffic control, evacuations, and health and safety fairs She thanked Fire Chief Tilly for assistance with training events. B -3. Thomas R. Daly, Kenai -- Procurement Matters: The Economic Impact of Local Suppliers, Civic Economics. Mr. Daly presented a study by Civic Economics regarding the economic impact of local businesses within the community and supported buying local. ITEM C: ITEM D: D -I. MOTION: UNSCHEDULED PUBLIC COMMENTS -- None PUBLIC HEARINGS Ordinance No. 2565 -2011 -- Amending the Kenai Municipal Code Title 14, Planning and Zoning, to Clarify What Rates, Charges, and Fees are Due as Set Forth in the City's Fee Schedule and Making Technical Changes and Corrections, Including Removing the Appeal Section for Encroachment Permits at KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290. Council Member Marquis MOVED to enact Ordinance No. 2565 -2011 and Council Member Gabriel SECONDED the motion. 35 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 3 The floor was opened for public hearing: There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -2. MOTION: Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and. Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program. Council member Molloy MOVED to enact Ordinance No. 2566 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Suggested painting the van to say "Meals on Wheels ". • Suggested adding the All - America City logo to the van. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2567 -2011 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2567 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council continents. VOTE: MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2568 -2011 and Council Member Bookey SECONDED the motion. 36 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 4 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Inquired as to the health of the Fire Department budget for the coming year. VOTE: MOTION PASSED UNANIMOUSLY. D -5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -51 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. 0-6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non - Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -52 and requested UNANIMOUS CONSENT, Council Member Marquis SECONDED the motion.. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY 11 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. MOTION: 37 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 5 Council Member Bookey MOVED to approve Resolution No. 2011 -53 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch gave background on the issue as follows: • The initial plan was to dump fish waste at the Borough Solid Waste Landfill, but that plan fell through. • He would be looldng at other options. • The fish cleaning stations the City procured would not be used. Council comments included: • Inquired if the fish cleaning stations could generate more waste, • Inquired if enforcement of "no fish waste on the beach" could be increased. • Requested Administration consider applying for an offshore dumping permit. • Noted fees should be lowered as fish cleaning stations would not be used. • Supported reducing fees. VOTE: Councilors voting Yes: Molloy, Boyle, Porter, Bookey, Marquis Councilors voting No: Moore, Gabriel MOTION PASSED. D-8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Foi matting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -54 and. requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Suggested raising the adult price to $15.00 VOTE: There were no objections. SO ORDERED. 38 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 6 D -9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase I- Parking Lot Improvements 2011 for the Total Amount of $161,496.00. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -55 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. City Manager Koch noted the contract would be finalized within ten days and the project would be completed within 45 days thereafter. VOTE: There were no objections. SO ORDERED, BREAK: 8:02 P.M. BACK TO ORDER: 8:12 P.M. ITEM E: MINUTES E 1. *Regular Meeting of June 15, 2011 -- Approved by consent agenda. E -2. *Notes of June 6, 2011 Council Work Session -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None ITEM G: NEW BUSINESS 6a_7 Ratification of Bi11s MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED for approval of purchase orders exceeding S15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. 39 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 7 G -3. MOTION: Action /Approval -- Amendment to Lease /Purpose -- Aircraft Operation and Maintenance to Air Freight Shipping and Receiving or Aircraft Parking -- Schilling Rentals, LLC /Lot 3, Block 2, General Aviation Apron. Council Member Molloy MOVED to approve the Amendment to Lease /Purpose for Schilling Rentals, LLC and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -4. Discussion -- Schedule Board of Adjustment Hearing. The Board of Adjustment Hearing on an appeal filed by Robert Flanders was set for August 22, 2011 at 6:00 p.m. G -5. Discussion /Action -- Deputy Clerk Position. MOTION: Council Member Marquis MOVED to have the Deputy City Clerk work full time in the Clerk's office and assume all duties of the Clerk until a new City Clerk is appointed. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. 0-6. Discussion /Action -- Setting Salaries of City Manager, City Attorney and City Clerk. MOTION: Council Member Moore MOVED to set the salary for the City Attorney with a 3% increase by contract; for the City Manager with a 2% merit increase; for the City Clerk salary to remain unchanged; and, to give all three a 1% Cost of Living Allowance (COLA). Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION/ COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle reported the July meeting had been canceled and Council Member Molloy would attend for him through September. 40 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 8 H -2. Airport Commission -- Council Member Marquis reported the next meeting would be July 14, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be July 11, 2011 and Council Member Molloy would attend in his place. II -4. Library Commission -- Council Member Marquis reported the July meeting had been canceled and noted the Grand Opening would be July 9, 2011 from 11:00 a.m. through 2:00 p.rn. H -5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be August 4, 2011. H -6. Planning & Zoning Commission -- Council Member Marquis reviewed the actions taken at the June 22, 2011 meeting, including the work session on Ordinance No. 2546 -2011. Council Member Molloy thanked Marquis for attending for him. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- No report. H -7b. Alaska Municipal League Report -- No report. II-7c. Mini -Grant Steering Committee -- Mayor Porter noted the application from Johna Beech to replace Carol Bannock as the Chamber of Commerce Liaison an the Committee. MOTION: Council Member Molloy MOVED to affirm the appointment of Ms. Beech and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey noted the last meeting had been held on June 27, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter recognized Assembly Member Linda Murphy in the audience; thanked Parks and Recreation Director Frates for his crew's work on the gardens within the City and for cleaning up after the July Fourth celebration; applauded the Chamber of Commerce for the July Fourth event; attended the Marathon Oil presentation and 41 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 9 congratulated them for two years without an OSHA incident; attended the Frontier Community Services baseball game; attended the UCIDA meeting at the American Legion; attended the 95th birthday celebration of Fiocla Wilson at the Tyotkas Center; noted boy scouts from Australia participated in the parade; requested Administration clean up the dead trees near Walker Lane and the Kenai Spur Highway; and, requested the City Attorney investigate adding a ballot measure to remove the requirement of nominating petitions before March 2012. ITEM 3: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch applauded Senator Wagoner and Representatives Olson and Chenault for their work on the budget; a grant through the Kenai Watershed Forum for water testing would be forthcoming; noted signage from the State with DEC logo and contact information would be posted on. the beach this year; and, would have an update on playground equipment at the next meeting. Mayor Porter requested Administration investigate a possible street light for the corner of Rogers Road and Kenai Spur Highway and congratulated Finance Director Eubank on his commendation regarding financial reporting. 3 -2. Attorney -- City Attorney Steams reported the nominating petition request would require an amendment of the City Charter; she had been invited to be a Fellow of the American Bar Foundation and accepted the invitation; and, noted she would be attending a meeting in Toronto, Canada for the American Bar Association. 3-3. City Clerk -- Deputy City Clerk Hall thanked Council for the opportunity to work for them while they recruited for a new City Clerk; reminded Council regarding the AML Summer Meeting in Sitka; and inquired as to whether the Council would like to resume the tradition of candy dishes during meetings. This request was positively met. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None K -2. Council Member Comments Molloy -- Congratulated Ms. Stearns on her fellowship with the American Bar Association; thanked the presenters; and noted issues from the public regarding outdoor wood burning boilers and changing the conditional use permit. Marquis -- None. Bookey -- Thanked Mr. Arbelovsky for the Senior Connection donation; thanked Mr. Daly for his presentation; thanked the City Manger for his work on. the Capital Projects List; and, congratulated Mr. Eubank on his award. 42 KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 10 Gabriel -- Noted the approval of so many items on the Capital Projects List was a reflection of high quality of the projects submitted. Moore -- Reported next Monday (July 11, 2011) would be the first commercial set net opening and requested the Clerk send a letter of thanks to Courtney Stroh for her "ROC the Kenai" project. EXECUTIVE SESSION -- Concerning a matter that could prejudice the reputation and character of another -- City Manager Performance (at City Manager's request). MOTION: Council Member Marquis MOVED to enter into executive session concerning a matter that could prejudice the reputation and character of another regarding the City Manager's performance at the City Manager's request and requested the City Manager attend. Council Member Bookey SECONDED the motion. VOTE: COUNCILORS VOTING YES: Molloy, Porter, Moore, Gabriel, Bookey, Marquis (Clerk's note: Boyle was no longer participating telephonically) COUNCILORS VOTING NO: None MOTION PASSED UNANIMOUSLY. BREAK: 8:55 P.M. BACK TO ORDER: 9:20 P.M. Council Member Bookey reported the Council met in Executive Session and discussed the City Manager's Performance. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:21 p.m. Minutes submitted by: Corene Hall, CMC, Deputy City Clerk 43 PAYMENTS OVER $15.n0D.0O WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING : JULY 20'%$11 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT '_—'— _ _ -_--- BROWN AGENCY INSURANCE VARIOUS INSURANCE 328,254.00 HOMER ELECTRIC UTILITIES VARIOUS UTILITIES 88.974.11 INVESTMENTS --- VENDOR DESCRIPTION MATURITY DATE ___ AMOUNT ___ Effect. |m. PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OP: JULY 20, 2011 VENDOR ACCOUNT AMOUNT DEPT. DESCRIPTION RANDY'S GLASS ACURENINSPECT'ION REPAIR GLASS VESTIBULE TERMINAL BUILDINGS 29:024.30 3 MIL. TANK INSPECTION & CLEANING WATER REPAIR & MAINTENANCE 25,000.00 VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT .p R FINAL ADJUSTING N NOR STAR PAVING CHANGE ORDER NO. 2 92728 - BRIDGE ACCESS RD CHANGE ORDER 33,011 04 3,498,581.96 BEGINNING CONSTRUCTION HDL AMENDMENT NO. 2 94277- WELLHOUSE #4 PHASE 46,863.00 806,337,00 Hru of HE Al. ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2569 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,666 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received an Interlibrary Cooperation grant from the State of Alaska, Department of Education & Early Development to host a reader's advisory; and WHEREAS, the workshop will be held at the Kenai Com.munity Library and will include employees from all libraries on the Kenai Peninsula; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library - State Grants $1,666 Increase Appropriations: Library - Professional Services $1,666 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined (DELETED TEXT BRACKETED) 46 aw eiy of KEN L ALASKA "Village with a Past, Cu with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 12, 2011 SUBJECT: Taking the Fear out of Reader's Advisory The library has been awarded an Interlibrary Cooperation grant by the Alaska State Library for a reader's advisory workshop. The participants in this workshop will include employees of all the libraries on the Kenai Peninsula. The workshop will he held at the Kenai Community Library. The workshops will be conducted by a library consultant. As per the grant award, the amount of $1,666 is to be used to cover the payment to the library consultant and should be deposited in account 001-440-4531. c 1 111! 1992 Mary Jo. Joiner From: Frederiksen, Patience A (EED) [ patience .frederiksen @alaska.gov] Sent: Monday, June 20, 2011 12:31 PM To: Mary Jo. Joiner Subject: Reader's Advisory Grant Mary Jo: Congratulations! I am pleased to tell you that the FY2012 Taking the Fear Out of Reader's Advisory grant has been funded as written for $1,666. The committee did ask me to verify that all the Kenai Peninsula librarians will be invited to this event. The grant application is not explicit on who will be invited to participate. I will be sending the grant award documents within the next few weeks. Once again, congratulations! Patience Patience Frederiksen Alaska State Library 344. West Third, Suite 125 Anchorage, AK 9950] 1 48 KENAI. SNIT Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2570 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,500.00 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education &, Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library - State Grants $6,500.00 Increase Appropriations: Library - Books $6,500.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 7-- PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined' [DELETED TEXT BRACKETED] 49 the ct of KEK \�% SKA "Wage with a Past, et with a Future' MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch FROM: Mary Jo Joiner %1tJJ DATE: July 12, 2011 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of 56,500 is to be used for the purchase of books and should be deposited in account 001 -440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements, number of hours that the library is open to the public, minimum educational requirements continuing education requirements and for the, and management requirements regarding policies. DEPARTMENT OF EDUCATION & EARLY DEVELOPMENT DIVISION OF LIBRARIES, ARCHIVES & MUSEUMS Linda S. Thibodeau, Director Mary Jo Joiner Kenai Community Library 163 Main Street Loop Kenai, AK 99611 Dear Mary Jo, June 28, 2011 SEAN PARNELL, GOVERNOR ALASKA STATE LIBRARY LIBRARY DEVELOPMENT 344 W. THIRD, SUITE 125 ANCHORAGE, ALASKA 99501 -2337 PHONE (907) 269 -6570 The total Public Library Assistance grant for FY2012 for the Kenai Community Library, will be 56,500. Although the State Library has reduced the grant, your library may NOT reduce the amount of local match, $7,000. The reason that we will not be able to fund grant requests at $7,000 is that the grant line in the State Library's budget has not been fully funded for some years. Since the money appropriated is not sufficient to fully fund the grants, regulations require that we: "reduce each grant proportionally." In order to receive your grant check as soon as possible, please: • Return the enclosed grant agreement and budget revision as soon as you can. Two different people (the librarian and the appropriate legal authority) must sign the grant agreement, since it is a legal document committing your library to certain obligations in return for receiving the public library assistance grant. Once we have your agreement and budget revision, we will start mailing out gram checks. • Please review your original grant budget and revise that budget to show how you plan to spend the lower amount of the grant. For libraries without branches, show how you plan to spend $6,500, rather than the $7,000 you requested on the grant application. We have included a copy of the budget from your original grant application and a budget revision form. This budget revision form should be submitted with your grant agreement. • As you fill out the budget revision form, please remember that the library MUST spend at least 83,500 on the Collection (Library Materials). Of this 53,500, each library may include UP TO a total of 5500 for Electronic Materials and Online Services. We have broadened the definition of Electronic Materials and Online Services to include: Internet Service Provider (ISP) fees, OCLC license fees, and database access or purchase fees. I%Z) prinied on recycled pope'. 51 PLAG Cover letter Page two of two June 28, 2011 The FY2012 Public Library Assistance grant year starts July 1, 2011. Librarians and officials should carefully note and follow the regulations governing the administration of this grant. To be remain eligible for the grant, the library MUST: • Submit by September 1, 2012 the following legally required reports for FY2012: Final Grant Report, Technology Report, and Annual Public Library Report. • Spend at least $3,500 on library materials and online services. • Be open at least 10 hours per week for 48 weeks. ® Schedule some evening and weekend hours each week. • Have trained paid or volunteer staff on duty in the library during open hours. • Combined school /public libraries must take special care to not use grant money or local funds used as matching money for school library purposes. This includes purchasing school -type library materials (books, magazines, etc.) Each library director is required to attend at least 6 hours of continuing education during the current two year cycle, which includes FY2312 and FY2013 (July 2011 through June 2013). If you attended continuing education during FY2011, do be sure to record that training on your FY2011 public library annual report. The State Library audits the records of selected libraries at the end of the grant year and reclaims any grant funds not properly accounted for. Also, any portion of this grant money not spent or encumbered by June 30, 2012 must be returned to the State Library. Please call or write if you have questions. You may contact me at: Patience .Frederiksena,alaska.gov Thank you. Sincerely, &A-€ Patience Frederiksen Grants Administrator 52 KE Al, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2571 -2 011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $480.00 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, in June 2011, the Kenai Police Department received a $480 asset forfeiture sharing check from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Police Department intends to purchase law enforcement equipment, including protective equipment for officers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Est Forfeiture ated Revenues: $480.00 Increase Appropriations: Police - Operating and Repair Supplies $480.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined; [DELETED TEXT BRACKETED) 53 file Lllyc,( KENAI, ALASKA "Village with a Past, City with a Maven 11111 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 7111/11 SUBJECT: Request ordinance appropriating drug seizure funds In June 2011, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of 5480 to the Kenai Police Department. These funds were related to asset forfeitures from a 2009 drug investigation. Per the 2009, U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. I am requesting an ordinance to appropriate these funds to the General Fund, Police — Operating and Repair Supplies Account to help pay for law enforcement equipment, to include protective equipment. 54 Suggested by: Admini CITY OF KENAI ORDINANCE NO. 2572 -2011 anon AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000,000 IN THE MUNICIPAL ROADWAY PAVING CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $1,000,000 to pave municipal roadways; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Municipal Roadway Paving Capital Project Fund Increase Estimated Revenues: State Grant $1,000,000 Increase Appropriations: Construction $1,000,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. Al 1`EST: Corene Halt, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined: [DELETED TEXT BRACKETED 55 h, of KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2573 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $80,901 IN THE GENERAL FUND CITY MANAGER AND PARKS DEPARTMENTS FOR THE RECEIPT!' OF A GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES DURING THE 2011 PERSONAL USE FISHERY. WHEREAS, the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring during the 2011 Personal Use Fishery; and, WHEREAS, monitoring will be provided through a cooperative agreement with the Kenai Watershed Forum; and, WHEREAS, in addition the City shall provide educational pamphlets to be distributed to the public and signage to inform the public; and, WHEREAS, bacteria levels during the 2010 Personal Use Fishery tested at elevated levels that could pose a health risk to the fisheries participants and City residents utilizing the beach; and, WHEREAS, it is in the best interest of the City to monitor the bacteria level on its beaches to protect its visitors and residents from potential dangers caused by the waste generated by the Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $80,901 Increase Appropriations: City Manager - Wages $ 1,350 Parks - Printing & Binding 1,000 Parks - Operating & Repair Supplies 3,500 Parks - Professional Services 75.051 $80,901 New Text Underlined [DELETED TEXT BRACKETED 56 Ordinance No. 2573 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 57 the of KEIIA ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2574 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $72,552 IN THE ANADROMOUS FISH PROTECTION CAPITAL PROJECT FUND FOR THE RECEIPT OF A GRANT FROM THE STATE OF ALASKA DEPARTMENT OF FISH AND GAME, DIVISION OF SPORT FISH, TO FUND EFFORTS TO CONTROL INVASIVE REED CANARY GRASS ON THE KENAI RIVER, BEAVER CREEK, SLIKOK CREEK, AND JOHNSON LAKE. WHEREAS, the State of Alaska Department of Fish and Game, Division of Sport Fish has issued a grant to the City, in the amount of $54,707, to fund efforts to control invasive reed canary grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake; and, WHEREAS, the Kenai Watershed Forum will operate the grant under a cooperative agreement with the City and provide the local match of $17,845 in the form of equipment usage per the grant's cooperative agreement; and, WHEREAS, the spawning and rearing areas for salmon are threatened by this invasive plant; and, WHEREAS, the health and protection of the Ken to the City of Kenai and it's residents; and, Riv and its native salmon are vital NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Anadromous Fish Protection Capital Fund Increase Estimated Revenues: State Grants $54,707 Miscellaneous Income - In -kind 17,845 $72 552 Increase Appropriations: Professional Services $72.5_52 New Text Underlined- [DELETED TEXT BRACKETED] 58 Ordinance No. 2574 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 7 PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined' [DELETED TEXT BRACKETED 59 "Village with a Past, Gc with a Frstare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMO: TO: City Council FROM: Rick Koch DATE: July 14, 2011 SUBJECT: Assignment of Concession Agreement — Rosin Investments, Inc. to Upper Deck, LLC 1992 The purpose of this correspondence is to recommend Council approval of the above referenced assignment. This concession agreement is for the bar and lounge concession at the Kenai Municipal Airport. If you have any questions please contact me at your convenience. 60 ASSIGNMENT AND ASSUMPTION OF CONCESSION AGREEMENT Rosin Investments, Inc., Concessionaire under that Bar and Lounge Concession Agreement dated July 6, 2010 (Concession Agreement), by and between the City of Kenai and Rosin Investments, Inc., and covering the following - described premises located in the City of Kenai, Third Judicial District: Lounge 6, along with spaces 1, 2, 3, and 4, second floor, terminal building, Kenai Municipal Airport, within the NW 'I, SE 1/4, Section 32, T6N, Rt 1 W, S.M., hereby assigns all of its right, title, and interest in the Concession Agreement and hereby delegates all duties Concessionaire is to perform thereunder, to Upper Deck, LLC whose address is P.O. Box 149, Kenai, AK 99611. This assignment and delegation is subject to all the obligations, conditions, and terms contained in the Concession Agreement. Assignee hereby assumes all obligations and agrees to perform all duties and obligations required of Concessionaire under the Concession Agreement and to pay all outstanding liabilities and obligations that may be due and owing, or that may have been due and owing, prior to the effective date of this Assignment and Assumption of Concession Agreement. Assignment and Assumption of Concession Agreement Page 1 of 4 L: \Ags\ Airport \airport.bar.concess.assign.0711 i 1 61 This Assignment and Assumption of Concession Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. CONCESSIONAIRE /ASSIGNOR ROSIN INVESTMENTS, INC: Bv: Scott Rosin Its: President ASSIGNEE UPPER DECK, LLC: By: Rodney Allen Peterkin Its: Member STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, the foregoing instrument was aclrnowledged before me by Scott Rosin, President of Rosin Investments, an Alaska corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: Assignment and Assumption of Concession Agreement Page 2 of 4 L: \Agts\ Airport \airpo]t.bar.concess.assign.07 1 1 11 62 STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, the foregoing instrument was acknowledged before me by Rodney Allen Peterkin, Member of Upper Deck, LLC, an Alaska limited liability company, on behalf of the Company. Notary Public for Alaska My Commission Expires: CONSENT TO ASSIGNEMNT The City of Kenai, subject to the conditions set forth below, consents to the assignment of the above - referenced Concession Agreement and delegation of duties thereunder from Rosin Investments, Inc. to Upper Deck, LLC. The City of Kenai's consent to assignment shall not be deemed to be a consent to any further or subsequent delegation or assignment, This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above - referenced Concession Agreement. This Consent is expressly conditioned upon and shall not be effective unless and until the State of Alaska Alcohol Beverage Control Board approves of a transfer of liquor license to Upper Deck, LLC and Assignor and Assignee take all such actions required to effect said transfer. Assignment and Assumption of Concession Agreement Page 3 of 4 L: \Agts \Airport lairp ort. b ar.c onces s. as si gn.0 71111 63 CITY OF KENAI By: Rick R. Koch City Manager STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Cotnmission Expires: Approved as to form: Krista S. Stearns City Attorney RECORD IN THE KENAI RECORDING DISTRICT AND RETURN TO: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Assignment and Assumption of Concession Agreement Page 4 of 4 L: \Ants\Ai rport\ airport. bar. c o nces s.ass i gn.071111 64 June 28, 2011 Kenai City Council 210 Fidelgo Avenue Kenai, AK 99611 -7794 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 e FAX: (907) 714 -2378 Toll -free within the Borough: 1- 800 -478 -4441, Ext. 2200 www.borough.kenakak.us DAVID CAREY BOROUGH MAYOR RECEIVE JUN 30 2011 Al crry CLERK RE: Vacate the 50 -foot wide section line easements (north/south & east/west) lying within U.S. Survey No. 4969 excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion No. 2 plat; and vacate the 33 -foot wide section fine easements (north /south & east/west) lying within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and vacate the 33- foot wide section line easements each side of the section line common to the southwest Ya Section 32, T6N, R11W, and the northwest Y of Section 5, T5N, R11W, lying between the Main Street right -of -way and U.S. Survey No. 4969; all within Section 31 & 32, T6N, R11W and Sections 5 & 6 T5N, R11W; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -059 Dear Kenai City Council Members: In accordance with AS 29.40.140, no vacation of a city right- of -way and /or easement may be made without the consent of the city council. Based on the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of May 23, 2011. Findings: 1. On April 6, 2011, the State Department of Natural Resources granted conditional preliminary approval of the Section Line Easement Vacation Plat (EV -3 -113). 2. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. 3. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011, which provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. 4. Alternate, superior access will be provided by recording Kenai Cemetery Expansion No. 2. 5. The Plat Committee conditionally approved the Section Line Easement Vacation Plat on May 23, 2011. 6. The right -of -way being dedicated by Kenai Cemetery Expansion No. 2 will provide reasonable access to surrounding parcels. 7. Sufficient rights -of -way exist or will be dedicated by Kenai Cemetery Expansion No. 2 to serve the surrounding properties. 8. Per the submittal, the section line easements are within the current cemetery site (USS 4969) and continue across the Kenai airport property. 9. No surrounding properties will be denied access. 10. Section fine easements are under the regulation of the State of Alaska. 11. Section line easement vacations must be approved by the State of Alaska. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. Based on the numerous time extension requests for section line easement vacation plats, the State time frame for vacation approval does not accommodate the Borough's one -year approval time per KPB 20.28.120. 65 This petition is being sent to you for your consideration and action. The City Council has 30 days from June 27, 2011 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30 -day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely, MJB:pdh Attachments Max J. Bes Planning Director 66 June 28, 2011 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX: (907) 714 -2376 To /I -free within the Borough: 1- 800 -476 -4441, Ext. 2200 www.borough.kenatak.us DAVID CAREY BOROUGH MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF JUNE 27, 2011 RE: Vacate the 50 -foot wide section line easements (north /south & east/west) lying within U.S. Survey No. 4969 excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion No. 2 plat; and vacate the 33 -foot wide section line easements (north /south & east/west) lying within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and vacate the 33- foot wide section line easements each side of the section line common to the southwest Section 32, T6N, R11W, and the northwest' of Section 5, T5N, R11W, lying between the Main Street right -of -way and U.S. Survey No. 4969; all within Section 31 & 32, T6N, R11W and Sections 5 & 6 T5N, R11W; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -059 The Kenai Peninsula Borough Planning Commission approved the proposed vacation based on the following findings during their regularly scheduled meeting of June 27, 2011. Findings: 1. On April 6, 2011, the State Department of Natural Resources granted conditional preliminary approval of the Section Line Easement Vacation Plat (EV -3 -113). 2. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. 3. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011, which provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. 4. Alternate, superior access will be provided by recording Kenai Cemetery Expansion No. 2. 5. The Plat Committee conditionally approved the Section Line Easement Vacation Plat on May 23, 2011. 6. The right -of -way being dedicated by Kenai Cemetery Expansion No. 2 will provide reasonable access to surrounding parcels. 7. Sufficient rights - of-way exist or will be dedicated by Kenai Cemetery Expansion No. 2 to serve the surrounding properties. 8. Per the submittal, the section line easements are within the current cemetery site (USS 4969) and continue across the Kenai airport property. 9. No surrounding properties will be denied access. 10. Section line easements are under the regulation of the State of Alaska. 11. Section line easement vacations must be approved by the State of Alaska. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. Based on the numerous time extension requests for section line easement vacation plats, the State time frame for vacation approval does not accommodate the Borough's one -year approval time per KPB 20.28.120. 67 In accordance with AS 29.40.140, no vacation of a city right -of -way and/or easement may be made without the consent of the city council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from June 27, 2011 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent June 28, 2011 to: Integrity Surveys 43335 K -Beach Rd. #10 Soldotna, AK 99669 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 State of Alaska DOT Land Survey Manager PO Box 196900 MS -2525 Anchorage, AK 99519 -6900 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 State of Alaska DNR Division of Mining, Land & Water 550 W. 7`" Ave. #1260 Anchorage, AK 99501 -3557 68 AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate the 50 -foot wide section line easements (north /south & east/west) lying within U.S. Survey No. 4989 excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion No. 2 plat; and vacate the 33 -foot wide section line easements (north /south & eastiwest) lying within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and vacate the 33 -foot wide section line easements each side of the section line common to the southwest Y. Section 32, T6N, R11W, and the northwest Y. of Section 5, T5N, R11W, lying between the Main Street right -of -way and U.S. Survey No. 4969; all within Section 31 & 32, T6N, R11W and Sections 5 & 6 T5N, R11W; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -059 Staff Report reviewed by Max Best PC Meeting: 6/27/11 Purpose as stated in petition: During the process of creating additional area for the City of Kenai Cemetery it was discovered that there lies a section line easement within the current cemetery site (USS 4969) and continues across the Kenai airport property. This vacation will remove the section line within these parcels which will allow for better use now and in the future. A continuous right -of -way will be dedicated to allow access around this area. Petitioner: Rick Koch, City Manager on behalf of the City of Kenai, Alaska Public notice appeared in the June 16 and June 23, 2011 issues of the Peninsula Clarion. All surrounding property owners were notified by certified mailings as required by the KPB Code. Seventeen (17) certified mailings were sent. Fifteen (15) receipts have been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Six (6) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments On April 6, 2011, the State Department of Natural Resources granted preliminary conditional approval to the Section Line Easement Vacation Plat (EV -3 -113). ENSTAR: No comments, recommendations, or objections. Homer Electric Association: Reviewed / no comments. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. Staff discussion On June 22, 2009, the Planning Commission conditionally granted a 4 -year approval to vacate portions of the 33 -foot section line easements in Section 31, T6N, R11W and Section 6, TSN, R11W. On July 1, 2009, the Kenai City Council reviewed the proposed vacation and stated no objection. On July 20, 2009, the Plat Committee conditionally granted a 4 -year approval of the section line easement vacation plat After the 2009 public hearings were held, the city decided to expand the proposed vacation, which required new submittals. The Plat Committee conditionally approved the expanded Section Line Easement Vacation Plat (EV -3 -113) on May 23, 2011. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 27, 2011 MEETING MINUTES PAGE 10 UNAPPROVED MINUTES 69 In conjunction with vacating the section line easements, alternate rights -of -way are being dedicated over existing travel ways. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011. This platting action provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. Findings: 1. On April 6, 2011, the State Department of Natural Resources granted conditional preliminary approval of the Section Line Easement Vacation Plat (EV -3 -113). 2. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. 3. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011, which provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. 4. Alternate, superior access will be provided by recording Kenai Cemetery Expansion No. 2. 5. The Plat Committee conditionally approved the Section Line Easement Vacation Plat on May 23, 2011. 6. The right -of -way being dedicated by Kenai Cemetery Expansion No. 2 will provide reasonable access to surrounding parcels. 7. Sufficient rights -of -way exist or will be dedicated by Kenai Cemetery Expansion No. 2 to serve the surrounding properties. 8. Per the submittal, the section fine easements are within the current cemetery site (USS 4969) and continue across the Kenai airport property. 9. No surrounding properties will be denied access. 10. Section line easements are under the regulation of the State of Alaska. 11. Section line easement vacations must be approved by the State of Alaska. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. Based on the numerous time extension requests for section line easement vacation plats, the State time frame for vacation approval does not accommodate the Borough's one -year approval time per KPB 2028,120. Based on Findings 10 -13 staff recommends the Commission grant an exception to KPB 20.28.120 (Ifa final plat is not presented to the planning commission within one year of the vacation approval, the approval will be deemed void. No time extensions shall be granted.). Based on Findings 1, 2, and 5, staff is recommending a two -year approval for the proposed vacation. 20.24,010 provides that the commission (committee) may authorize exceptions to any of the requirements set forth in Title 20. This section also states - The commission (committee) shall find the following facts before granting any exceptions: 1. That special circumstances or conditions affecting the property have been shown by application. Findings 10 -13 support this fact. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title. Findings 10 -13 support this fact. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated, Findings 10 -13 support this fact. STAFF RECOMMENDATION: Based on Findings 1 -13, staff recommends granting a two -year approval the vacation as submitted, subject to: 1. Submittal of a final plat within two years of vacation approval. 2. Compliance with any State requirements for the section line easement vacation. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 27, 2011 MEETING MINUTES PAGE 11 UNAPPROVED MMltNUTES 70 If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION 15 A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment. Seeing and hearing no one else wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Ruffner moved, seconded by Commissioner Holsten to grant the section line easement vacations from the Kenai Cemetery and Kenai Airport, citing the 13 findings as presented by staff. Findings: 1. Or. April 6, 2011, the State Department of Natural Resources granted conditional preliminary approval of the Section Line Easement Vacation Plat (EV -3 -113). 2. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. 3. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011, which provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. 4. Altemate, superior access will be provided by recording Kenai Cemetery Expansion No. 2. 5. The Plat Committee conditionally approved the Section Line Easement Vacation Plat on May 23, 2011. 6. The right -of -way being dedicated by Kenai Cemetery Expansion No. 2 will provide reasonable access to surrounding parcels. 7. Sufficient rights -of -way exist or will be dedicated by Kenai Cemetery Expansion No. 2 to serve the surrounding properties. 8. Per the submittal, the section line easements are within the current cemetery site (USS 4969) and continue across the Kenai airport property. 9. No surrounding properties will be denied access. 10. Section line easements are under the regulation of the State of Alaska. 11. Section line easement vacations must be approved by the State of Alaska. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. Based on the numerous time extension requests for section line easement vacation plats, the State time frame for vacation approval does not accommodate the Borough's one -year approval time per KPB 20.28.120. VOTE: The motion passed by unanimous consent. BRYSON ABSENT CARLUCCIO YES COLLINS YES ECKLUND ABSENT FOSTER ABSENT GROSS YES HOLSTEN YES ISHAM YES LOCKWOOD ABSENT MARTIN YES PARKER YES RUFFNER YES TAURIAINEN YES 9 YES 4ABSENT AGENDA ITEM F. PUBLIC HEARINGS 4. Proposed Vacation of a Right -of -way and Section Line easement A. Vacate Hickel Avenue (PC changed from First Avenue Resolution SN 2006 -02), an 83 -foot KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 27, 2011 MEETING MINUTES PAGE 12 UNAPPROVED NRNU T ES 71 AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate the 50 -foot wide section line easements (north /south & east/west) lying within U.S. Survey No. 4969 excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion No. 2 plat; and vacate the 33 -foot wide section line easements (north /south & east/west) lying within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and vacate the 33 -foot wide section line easements each side of the section line common to the southwest Y. Section 32, T6N, R11W, and the northwest Y. of Section 5, T5N, R11W, lying between the Main Street right -of -way and U.S. Survey No. 4969; all within Section 31 & 32, T6N, R11W and Sections 5 & 6 TSN, R11W; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -059 STAFF REPORT PC Meeting: 6/27/11 Purpose as stated in petition: During the process of creating additional area for the City of Kenai Cemetery it was discovered that there lies a section line easement within the current cemetery site (USS 4969) and continues across the Kenai airport property. This vacation will remove the section line within these parcels which will allow for better use now and in the future. A continuous right - of-way will be dedicated to allow access around this area. Petitioner: Rick Koch, City Manager on behalf of the City of Kenai, Alaska Public notice appeared in the June 16 and June 23, 2011 issues of the Peninsula Clarion, All surrounding property owners were notified by certified mailings as required by the KPB Code. Seventeen (17) certified mailings were sent. Fifteen (15) receipts have been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Six (6) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments On April 6, 2011, the State Department of Natural Resources granted preliminary conditional approval to the Section Line Easement Vacation Plat (EV -3 -113). ENSTAR: No comments, recommendations, or objections. Homer Electric Association: Reviewed /no comments. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. Staff discussion On June 22, 2009, the Planning Commission conditionally granted a 4 -year approval to vacate portions of the 33 -foot section line easements in Section 31, T6N, R11W and Section 6, T5N, R11W. On July 1, 2009, the Kenai City Council reviewed the proposed vacation and stated no objection. On July 20, 2009, the Plat Committee conditionally granted a 4 -year approval of the section line easement vacation plat. After the 2009 public hearings were held, the city decided to expand the proposed vacation, which required new submittals. The Plat Committee conditionally approved the expanded Section Line Easement Vacation Plat (EV -3 -113) on May 23, 2011. 72 In conjunction with vacating the section line easements, alternate rights -of -way are being dedicated over existing travel ways. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011. This platting action provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. Findings: 1. On April 6, 2011, the State Department of Natural Resources granted conditional preliminary approval of the Section Line Easement Vacation Plat (EV -3 -113). 2. Kenai Planning and Zoning Commission recommended approval of the Section Line Easement Vacation Plat on April 27, 2011. 3. The Plat Committee conditionally approved Kenai Cemetery Expansion No. 2 preliminary plat on May 23, 2011, which provides matches and new dedications for Floatplane Road, First Avenue, and Coral Street. 4. Alternate, superior access will be provided by recording Kenai Cemetery Expansion No. 2. 5. The Plat Committee conditionally approved the Section Line Easement Vacation Plat on May 23, 2011. 6. The right -of -way being dedicated by Kenai Cemetery Expansion No. 2 will provide reasonable access to surrounding parcels. 7. Sufficient rights -of -way exist or will be dedicated by Kenai Cemetery Expansion No. 2 to serve the surrounding properties. 8. Per the submittal, the section line easements are within the current cemetery site (USS 4969) and continue across the Kenai airport property. 9. No surrounding properties will be denied access. 10. Section line easements are under the regulation of the State of Alaska. 11. Section fine easement vacations must be approved by the State of Alaska. 12. Section line easement vacations are finalized with a State easement vacation plat. 13. Based on the numerous time extension requests for section line easement vacation plats, the State time frame for vacation approval does not accommodate the Borough's one -year approval time per KPB 20.28.120, Based on Findings 10 -13 staff recommends the Commission grant an exception to KPB 20.28.12D (if a final plat is not presented to the planning commission within one year of the vacation approval, the approval will be deemed void. No time extensions shall be granted.) Based on Findings 1, 2, and 5, staff is recommending a two -year approval for the proposed vacation. 20.24.010 provides that the commission (committee) may authorize exceptions to any of the requirements set forth in Title 20. This section also states - The commission (committee) shall find the following facts before granting any exceptions: 1. That special circumstances or conditions affecting the property have been shown by application Findings 10 -13 support this fact. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 10 -13 support this fact. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 10 -13 support this fact. STAFF RECOMMENDATION: Based on Findings 1 -13, staff recommends granting a two -year approval the vacation as submitted, subject to: Submittal of a final plat within two years of vacation approval. 2. Compliance with any State requirements for the section line easement vacation. 73 If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99 -43]. END OF STAFF REPORT 74 EV-3d 13 Preliminary Decision NOTICE Page 1 of 1 Sweppy, Maria From: Voeller, Paul "rynt: Thursday, April 07, 2011 8:14 AM Sweppy, Maria Subject: R.N. EV -3 -113 Preliminary Decision NOTICE Attachments: PD Approved 4 -5 -11 EV- 3- 113.pdf From Thomas, John W (DNR) [mailto:john.thomas @alaska.gov] Sent: Wednesday, April 06, 2011 3:04 PM To: City of Kenai; Scott Huff; Voeller, Paul; Cindi Bettin Subject: EV -3 -113 Preliminary Decision NOTICE Interested Parties: The Division of Mining. Land & Water has approved the attached Preliminary Decision to vacate the following section -line easements (SLE): 1. The 50 -foot wide SLE's (N /S & ENV) lying within U.S. Survey No. 4969; 2. The 33 -foot wide SLE's (N /S & E /W) lying within Lot 1, Kenai Cemetery Expansion (Plat # 2009 -50); and, Those portions of the 33 -foot wide SLE's each side of the section line common to the d' /4 Section 32, T6N, R11 W, and the NW'/ of Section 5, T5N, R11 W, lying between tree Main Street right -of -way and U.S. Survey No. 4969 This action lies within Sections 5 & 6, T.5 N. R. 11 W, and Sections 31 & 32, T. 6 N., R. 11 W., S.M. «PD Approved 4 -6 -11 EV- 3- 113.pdf» Also attached is a copy of the Public Notice of Preliminary Decision which will be published in the legal section of the Anchorage Daily News the end of this week and the following week. Any comments concerning the proposed action must be submitted in writing to DNR -- DMLW by 5 PM on May 10, 2011. Contact DNR with questions at 907 -269 -8520 or john.thomas(a?alaska.gov by that date. Thank you, John 4/7/201 1 75 I 1 I 04'0 d Yin 0 0 33' tht rete,,E,4 weatsd this oret rorgg404 04 net iTr411-try Plan submit gad 8/A8/aogo U. S. Survey 4969 see!,,, Caymmeml vaccded Ina Wet Unsubdivided Remainder Section 32 TO6N RI1W 33 Yacated tas p1m1 Dram! by DNR J.YV t2r2712010 Based on Submittals -fs.nral4 Section 06 RftW 1:1 rn 1 CA) 33 Sec:13m the ram:art acceded •31a plvel This portion of Airport land is not protected by a public access easement and will not be part of the proposed alternate access for this SLEV action. /1-1, / / 6*- / -71 Unsubdivided Remainder Government Lot 4A Section 05 TO5N BMW S.M. Proposed Alternate Access Existing Public Access 33-Wide SLE Not Being Vacated Public Access Proposed ifrt.A To Be Dedicated by This Action V ,/ Section-Line Easements Proposed To Be Vacated by This Action v PUBLIC NOTICE OF PRELIMINARY DECISION SECTION -LINE EASEMENT VACATION EV -3 -113 Per AS 19.30410(1), the Department of Natural Resources (DNR), Division of Mining, Land and Water (DMLW), Survey Section approved a Preliminary Decision (PD) on petition by City of Kenai to vacate 33 & 50 -foot wide section -line easements in USS 4969, Kenai Cemetery and in a portion of Kenai Airport, all located within Secs 5 & 6, T5N, R11W & Secs 31 & 32, T6N, R11W, SM. Public comment is invited on the PD available from the DMLW, 550 W. 7`h Avenue, Suite 650, Anchorage, AK 99501 -3576 or httpa /notes5.state.ak.us /pn /. All comments must be received in writing at DMLW by 5:00 p.m. on May 10, 2011. To be eligible to appeal, one must respond in writing during the comment period. If public comment analysis indicates the need for significant changes to the PD, more public notice will be given, otherwise the PD, including any minor changes, will be issued as a Final Decision (FD). To receive PD /FD copy, reference case EV -3 -113, include date, your email & mailing address and telephone number. Questions, contact DNR, John Thomas, 907 269 -8520 or john.thomas @alaska.gov. DMLW reserves the right to waive technical defects in this publication. .Those with audio impairments may call Anchorage DNR Public Information Center, 10- 4, M -F, TDD #269 - 8411. 77 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER SURVEY SECTION PRELIMINARY DECISION Section -Line Easement Vacation Petitioner: City of Kenai EV -3 -113 Petitioned Action: The petitioned action, as shown on Attachment A, consists of vacating the following section -line easements (SLE): 1. The 50 -foot wide SLE's (N /S & E /W) lying within U.S. Survey No. 4969; 2. The 33 -foot wide SLE's (N /S & E/W) lying within Lot 1, Kenai Cemetery Expansion (Plat # 2009 -50); and, 3. Those portions of the 33 -foot wide SLE's each side of the section line common to the SW 1/4 Section 32, T6N, R11 W, and the NW '% of Section 5, T5N, R11 W, lying between the Main Street right -of -way and U.S. Survey No. 4969 This action lies within Sections 5 & 6, T.5 N. R. 11 W, and Sections 31 & 32, T. 6 N., R. 11 W., S.M. The petitioner stated the reasons for the request are to allow full utilization and development of limited building space in all lots and to facilitate the City of Kenai in its Cemetery Expansion program as part of the Airport Master Plan. Legal Authority: AS 19.10.010, AS 19.30.410, AS 38.05,035(e), AS 38.05.945, 11 AAC 51.025, 11 AAC 51.065, 11 AAC 51.100 The Department of Transportation and Public Facilities (DOTIPF) and the Department of Natural Resources (DNR) have concurrent authority for approving the vacation of section -line easements. Administrative Record: The Department of Natural Resources Survey Case File EV -3 -113 constitutes the administrative record used for the basis of this decision. Borough: The proposed action is located within the Kenai Peninsula Borough (KPB). 78 Preliminary Decision, EV -3 -113 State Easement Interest: 33 -foot wide and 50 -foot wide SLEs exist within the subject portions of Sections 5 & 6, T5N, R11W and Sections 31 & 32, T6N, R11W pursuant to Chapter 19, SLA 1923, and AS 19.10.010 (see Discussion No. 1, Page 3). Underlying Interest: The petitioners own the estate underlying the section -line easements proposed for vacation and the proposed alternate access route. Alternate Route: The proposed altemate access route consists of existing and to -be- dedicated ROWs for constructed roadways which connect all ends of the SLEs proposed to be vacated, viz.: Floatplane Rd, Second Ave., Birch Street, First Ave., Coral St., Cohoe Ave., and Main St. An additional 60 -foot wide Public Access Easement connecting First Ave. with Coral St. will be recorded prior to SLE Vacation final approval. Note: that portion of First Ave. that presently crosses City of Kenai Airport is not, and will not be, dedicated as public access; that portion of the ROW on Airport land will be retained under Airport control for future use or alteration in accordance with Airport development and management purposes and is specifically not a part of the proposed alternate access for this SLEV action. Land Management Policies: 1) Pursuant to AS 19.30.410 the Department of Natural Resources, the Department of Transportation and Public Facilities, or another agency of the state may not vacate a right -of -way acquired by the state under former 43 U.S.C. 932 unless: • a reasonably comparable, established alternate right -of -way or means of access exists that is sufficient to satisfy all present and reasonably foreseeable uses. 2) Pursuant to 11 AAC 51.065 before any vacation, modification, or relocation of a public easement described in 11 AAC 51.065(a)(2)- (a)(5), the petitioner must demonstrate to the satisfaction of the department that equal or better access is available. Equal or better access must be access that is: • protected by an easement of record that is adequately wide for the purpose; if the easement of record is new, the petitioner must arrange for a note in the vacation document to be recorded that identifies the new easement as a replacement for the vacated easement; and, • at least equally usable, considering length, type of terrain, and level of improvement, as the easement to be vacated; if development or improvement is needed to make the replacement easement at least equally usable, the petitioner must arrange for the development or improvement to be completed before the vacation takes effect. 3) Additionally the petitioner must demonstrate to the department that the vacation is in the State's best interest. 2 of 6 79 Preliminary Decision, EV-3-113 Public Use Patterns: The current state of the section -line easements is not constructed except for that portion underlying part of Floatplane Rd. and appears to not be utilized by the public; there is a proximate, separate gas line utility easement running generally east -west that is not intended to be vacated by this action. The E -W SLE also crosses an active taxiway and aircraft parking area. Practicality of Use: 1. Vacation of the subject section -line easements does not adversely affect land in other ownership. 2. The SLEs are not being used directly for access to any parcels. 3. Vacating the SLEs will not deny access to any of the surrounding parcels. Agency Review: Agency review, including Amendment, of the proposed action began on September 24, 2010 and concluded December 9, 2010. Agencies notified included Department of Transportation and Public Facilities (DOT/PF) Central Region, Alaska Department of Fish and Game (ADFG), DNR Division of Mining, Land and Water - Southcentral Regional Office (SCRO), Alaska Mental Health Trust Land Office (MHTLO) and DNR Division of Parks and Outdoor Recreation (DPOR). Agency Comments: 1. The above agencies all submitted comments of non - objection. 2. No other comments on the proposed action were received. Discussion: 1. Determination of the existence of the Section -Line Easements: a. The Rectangular Survey Plat for Township 5 North, Range 11 West, Seward Meridian, Alaska was accepted by the General Land Office June 13, 1923. 1). The lands underlying the section -line easement proposed to be vacated in Section 5, excluding USS 4969, were conveyed by the federal Administrator of General Services to the City of Kenai as part of those certain lands comprising the Kenai Airport by "Quitclaim Deed" (000019631201) dated December 1, 1963. The date of entry (application received), according to the abstract for BLM Case AKAA 006629 was November 30, 1963. The fends underlying the section - line easements proposed to be vacated within the original Government Lot 30, Section 6 [now being a part of Lot 1, Kenai Cemetery Expansion (Plat 2009 -50)] are part of the Kenai Airport lands conveyed by the QCD noted above. A search of the BLM Historical Index verified that the above described lands in Sections 5 & 6 were unappropriated and unreserved during the following legislative period of acceptance. For surveyed federal land that was unappropriated and unreserved at any time on or after April 6, 1923 through January 17, 1949, the width identified in Chapter 19, SLA 1923 for any section -line easement is 33 feet (11AAC51.025, Editor's note #2). 2) The land underlying the section -line easements proposed to be vacated in Section 5 (within a portion of USS 4969) was conveyed by the BLM to the State 3 of 6 80 Preliminary Decision, EV -3 -113 of Alaska by patent 50 -83 -0243, with Tentative Approval issued December 28, 1966. For surveyed or unsurveyed land owned by the state, or acquired from the state, on or after July 1, 1960, the width of section -line easement, as identified in AS19.10.010, is 50 feet (11AAC51.025, Editor's note #7 & AS19.10.010). b. The Rectangular Survey Plat for Township 6 North, Range 11 West, Seward Meridian, Alaska was accepted by the General Land Office June 9, 1922. 1) The lands underlying the section -line easements proposed to be vacated_in Section 31 originally consisted of Government Lots 123, 173 & 174 [now all Lying within Lot 1, Kenai Cemetery Expansion (Plat 2009 -50)]. )]. Lot 123 was conveyed to private ownership by BLM patent 1154765; according to BLM serial page AKA 020303, the date of entry (application received) was March 14, 1952. Lot 173 was conveyed to private ownership by BLM patent 1227251; according to BLM serial page AKA 057125, the date of entry (application received) was May 5, 1962. Lot 174 was conveyed to private ownership by BLM patent 1227249; according to BLM serial page AKA 057122, the date of entry (application received) was May 5, 1962. The lands underlying the section -line easement proposed to be vacated in Section 32 were conveyed by the "Quitclaim Deed ", (000019631201) dated December 1, 1963 as noted above. A search of the BLM Historical Index verified that the above described lands in Sections 31 & 32 were unappropriated and unreserved during the following legislative period of acceptance. For surveyed federal land that was unappropriated and unreserved at any time on or after April 6, 1923 through January 17, 1949, the width identified in Chapter 19, SLA 1923 for any section -line easement is 33 feet (11AAC51.025, Editor's note #2). 2) The and underlying the section -line easement proposed to be vacated in Section 32 (within a portion of USS 4969) was conveyed by the BLM to the State of Alaska by patent 50 -83 -0243, as noted above, For surveyed or unsurveyed land owned by the state, or acquired from the state, on or after July 1, 1960, the width of section -line easement, as identified in AS19.10.010, is 50 feet (11AAC51.025, Editor's note #7). 2. Pursuant to 11 AAC 51.065(e)(1), the department will give consideration to the recommendations or decisions of the KPB Planning Commission when those documents are received at DNR. 3. The proposed alternate access meets the requirements for vacation of a portion of the subject section -line easement pursuant to AS 19.30.410 and 11 AAC 51.065. The alternate route is reasonably comparable as a means of access that is sufficient to satisfy all present and reasonably foreseeable uses and is protected by constructed dedicated or to -be- dedicated rights -of -way which are equal to or better than the proposed vacation. 4. It is the intent of this decision to vacate all SLE's which were created by all additional legislation, if any, that are underlying the SLE's proposed to be vacated by this action. 4 of 6 81 Preliminary Decision, EV -3 -113 5. Portions of the proposed to be dedicated Floatplane Road and First Avenue rights - of -way overlap portions of the 50 -foot wide section -line easement proposed for vacation. There is no benefit to the landowner by vacating a section -line easement from lands that will be encumbered by a public access easement or right -of -way. Therefore DNR will retain the portion of section-fine easement underlying the proposed Floatplane Road and First Avenue rights -of -way. Approval of the proposed action is contingent upon the following conditions: 1. Pursuant to AS 38.05.945, a Public Notice must be completed. The Department of Natural Resources may modify the decision based upon analysis of public comments. The advertising cost for Public Notice is at the expense of the applicant. 2. Dedication of: a. those portions of the Floatplane Road and First Avenue rights -of -way lying within USS 4969. b. a 60 -foot wide Public Access Easement connecting the Coral Street and First Avenue rights -of -way. c. a public access easement on the south side of and adjoining the south boundary of USS 4969 of sufficient width to maintain a 60' width continuity of the First Avenue right -of -way to its intersection with Coral Street. Said public access easement should include a curve retum of sufficient radius at the intersection of First Avenue with Coral Street. 3. Comply with KPB conditions of approval, unless waived by the Director, DMLW. 4. A final plat (owner signed / surveyor sealed mylar) must be submitted within two years from the date of approval of the Final Decision, unless extended for good reason. 5 of 6 82 Preliminary Decision, EV-3-113 Recommendation: Based on our findings, the applicant meets DNR's requirements to vacate the subject section -line easements. The proposed vacations may be in the state's best interest. Changes to the use of public access and the public interest as a result of the activity are. acceptable. Therefore, the Division of Mining, Land and Water, Survey Section recommends approval of these actions and may proceed with adjudication and public notice in accordance with AS 38.05.945 and 40.15.305(e). Prepared by: J W. Thomas, Adjudicator Approved by: Gerald Jen m.s, PLS/ Chief, Survey Section Lf // h4o 4 ■ Date PUBLIC COMMENT: Per AS 19.30A10(1), the Department of Natural Resources (DNR.), Division of Mining, Land and Water (DMLW), Survey Section has made -a Preliminary Decision (PD) approving a petition by the City of Kenai to vacate 33 & 50 -fdot wide section -line easements lying within USS 4969, Kenai Cemetery and within a portion of Kenai Airport. This action is located within Sections 5 & 6, T5N, R11 W & Sections 31 & 32, TEN, R11W, SM. Public comment is invited on the PD available from the DMLW, 550 W. 7`" Avenue, Suite 650, Anchorage, AK 99501 -3576 or http: / /notes5.state.ak.us /pn /. Ali comments must be received in writing at DMLW by 5:00 p.m. on , 2011. To be eligible to appeal, one must respond in writing during the comment period. If public comment analysis indicates the need for significant changes to the PD, more public notice will be given, otherwise the PD, including any minor changes, will be issued as a Final Decision (FD). To receive PD /FD copy, reference case EV -3 -113, include date, your email & mailing address and telephone number. Questions, contact .DNR, John Thomas, 907 269 -8520 or john.thomas ©alaska.gov. DMLW reserves the right to waive technical defects in this publication. Those with audio impairments may call Anchorage DNR Public Information Center, 10- 5, M -F, TDD #269 -8411. 6 of 6 83 EV -3 -113 Legal Ad Public Notice Page 1 of 1 Sweppy, Maria From: Voeller, Paul Sent: Friday, April 08, 2011 12:04 PM To: Sweppy, Maria Subject: FW: EV -3 -113 Legal Ad Public Notice Attachments: 876556.pdf; 876556.2.pdf Front: Thomas, John W (DNR) [mailtojohn.thomas @alaska.gov] sent: Friday, April 08, 2011 11:49 AM To: Voeller, Paul; Scott Huff Subject: EV -3 -113 Legal Ad Public Notice Paul & Scott: 1. Per DNR Preliminary Decision for EV -3 -113, condition of approval #1, page 5, attached is a copy of the proof of Public Notice to be published pursuant to AS 38.05.945. «876556.pdf» «876556.2.pdf» The fee of $258.96 must be paid prior to DNR processing the Final Decision. Please send check or money order in the amount of $258.96 made out to SOA — DNR; in the memo part put, "EV -3 -113 Legal Ad fee ", and send it to DMLW— Survey Section, 550 W. 7th Ave., Suite 650, Anchorage, AK 99501 -3576. Petitioner and surveyor should coordinate one timely payment. 2. Prior to EV -3 -113 being sent for Final Decision approval, a copy of the local platting authority / Kenai Peninsula Borough Platting Board action and conditions of approval must be in the DNR case file. As soon as the final action approved minutes for this EV is available from the KPB, please send a copy of the same directly to me. Thank you, John 84 4/8/2011 III I _.. 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CF N 1 AL RESOURCES 0015100 OF MININ LAND AND WATER SECTS 0V LINE EASEMENF VACATION PLA ?0 i/- €73 9 SECTION LINE EASEMENT VACATION PLAT RECORDED rn1. FFUFA ae0+ Cttt / Not to Stole NOTES: Neetetee., , lee let e. vete, ve 0133,, vr33 ¢) fr1+1 n vet onan. rpo on. 5 ■■•• I31 93.13{ 131■ v 329 rtrver, V2v yiernr, 33,33* rr rm. p omannwann nonr.o. • lope OpP.1 ntt at, * so, 4Vr•- 3-44, Irrirvt ▪ ,. .n ... oi . vre Cr*. 23,4 63/ V.,33try ,133.^3r. 3. '3' 4e0tv -`3333.13 3,11133..3 (3,3,3133 If-Sankt t I I '`iVrTitc,lair "t— 'tar: .:'10q3:V4r3?;;!la 3,33 2.53 I■ tarta ?,,„em sp,r,(■.1tLVI OV. see3rere Rose 33 Rc yeer„, t.9,rorn nal') Lott I –1 11 I — - - - Vflj I I LUZ* 3 1 3 et onfl7€247 27 N MAP CFR TFICAJI at 0rfl315 oat DEQU:11.A.DDL ( nip corp.. nn terz:e rerEi]letirejET. eEieZe Ait 1 j.pTRYS A.CtEDGNENT sre,,N ponon lorpnr noo o inn no. non ass 7034 Lot 1 3252 ro... § Second 1 First 3.3.3.3-4 P. BY le NE IN " A iitgag egiV ePre,olee.ONnee„ ihu PI AT APPROVAL am, on on ssos 333•353, AT rt 33333, r—n13-132af 33r' vry3, vflvv„. orvv,„ SURVEYOR'S OnTitiltSAL .... 4,„ „ vtves no .4 ..poo „po eUP Ley preyerto Mit- be :$ E1116/ rm. C5/414? ignissoliNSMitanS Pis:mein-5ov Kenai Cemetery Expansion ,Tosssnys, AteA -pm Ali Ns OBRIEN_CT i THIN AVE 3 Vl 0 B ;_FDU 0 9 D AVE ia FIFTH Nis AAE__J Floa plane Rd. will THIRD ■ A WE Location of SLE Vac. I__l__T._r ■ Kenai Spur H KENAI SPUR H W y at Mit LL h o. y ),1,,.0 l s, ef " ,b I ry y rye=+ e :m. ..x ac b Y Pr, lli1 x ocation of SLE Vac. 0. w 1 CHAR-CIR COS St. -j y 0 City of Kenai f 4* I Location of SLE Vac. 11 AI sass aARNACCEI •IL F1Rt3NTAGEIRD MI IN 4 o� M p�h N'MARiNE'AVE � ` ..l.L aei PJ ENINSUL "AVE= uIII II 1 A • tv 4/4. itto Ake Y g 4 0-NT -4,4 AS �4'`�tLcoo�! AVE 0 182.5325 650' H H I+ r r 1 Vicinity Map a 6 SENIOR;CT Printed on to 3y 3, 2011 he tiEyof K AI, ALASKA Ncy April 28, 2011 Paul Voeller, Platting Officer Kenai Peninsula Borough Planning Department 144 N. Binkley Soidotna, AK 99669 "Village with a Past, Gity with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us RE: PZ11 -10 Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion Dear Mr. Voeller: At their meeting on April 27, 2011, the Planning and Zoning Commission reviewed and recommended approval of the above - referenced plat. This vacation is being requested by the City of Kenai who has been working with Integrity Surveys and the Department of Natural Resources to vacate these easements. Attached is a signed copy of the resolution, staff comments, and minutes. If you need additional information, let me know. If you need additional information, let me know. Sincerofy, / Marilyn K. Kebschull, AICP Planner, City of Kenai Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, AK 99669 89 4Ciy of KEKA ALASKA CITY OF KENAI PLANNING AND ZONING CONEVIISSION RESOLUTION NO. PZ11 -10 SECTION LINE EASEMENT VACATION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE A 11 ACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat SECTION LINE EASEMENT VACATION PLAT ASSOCIATED WITH KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning Commission on APED. 15. 2011, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and. Zoning Commission finds: 1. Plat area is zoned RS — Suburban Residential. CG — General Commercial and. C - Conservation and therefore subject to said zone conditions. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES SECTION LINE EASEMENT VACATION PLAT ASSOCIATED WITH 1,.. NAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 27, 2011. 90 4 -b. PZ11 -10 - Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion (Section Line Easements within S31, T6N, RI1W & 56 T5N, R1 1W Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite # 10, Soldotna, Alaska. MOTION: 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 YES Koester Twait YES YES Rogers Bryson YES ABSENT Navarre YES Romain YES 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 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. (Clerk's Note: Item (7 -a) was heard after the work session.) ITEM 8: PENDLNG ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the action agenda of the April 20, 2011 City Council meeting which was included in the packet and noted the following PLANNING AND ZONING COMMISSION MEETING APRIL 27, 2011 PAGE 3 91 STAFF REPORT To: Planning & Zoning Commission Date: April 18, 2011 Res: PZ11 -10 GENERAL INFORMATION Applicant: Integrity Suveys, Inc. 262 -5573 43335 ICalifornsky Beach Road, Suite #10 Soldotna, AK 99669 Requested Action: Section Line Easement Vacation Plat Associated with Kenai Cemetery Expansion Legal Description: Section Line Easements within S31, T6N, R11 W & 56 TSN, R1 I W Seward Meridian Street Address: N/A KPB Parcel No.: Multiple Existing Zoning: RS — Suburban Residential; CG — General Commercial; C - Conservation Current Land Use: Vacant, Cemetery, Airport Land Use Plan: Neighborhood Commercial; Neighborhood Residential; Airport Industrial ANALYSIS: In. 2009, the Kenai Cemetery Expansion plat was submitted by the City of Kenai. The plat was approved and recorded in September 2009. During that platting process the City decided to proceed with.. identifying and dedicating Float Plane Road and First Avenue where they are constructed and to pursue vacation of the section line easements in conjunction with that plat. It was also decided to pursue vacation of the section line easements that bisects the original Kenai Cemetery property and airport property. These changes are shown on the attached section line easement vacation plat. Section line vacations must be reviewed and approved by the local platting authority and the request submitted to the State of Alaska, Department of Natural Resources. The City, through Integrity Surveys, has been working on this process for some tune. Due to the length of time that has passed since the original platting action, the Kenai Peninsula Borough has requested the plat be presented to the City Planning & Zoning Commission and the Kenai Peninsula Borough Planning Commission for approval. 92 PZ11 -10 Comments Page 2 RECOMMENDATIONS: This plat identifies the rights -of -ways and section lines that will be vacated as part of the Kenai Cemetery Expansion No. 2 preliminary plat. Also shown is the section line that bisects the Cemetery and airport property that will be vacated to provide for use of these properties. Recommend approval with no contingencies. ATTACHMENTS: 1. Resolution No. PZI 1 -10 2. Preliminary Plat 93 fip9(p Kenai Peninsula Borough Planning Department 144 North. Binkley Soldotna, Alaska 99669 -7599 Toll free within the Borough 1 -800- 478 -4441, extension 2200 (907) 714-2200 Petition to Vacate Public Right -of -Way /Section Line Easement Public Hearing Required Upon receipt of complete application with fees and all required attachments a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. 13y State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. Fees - 5300 non - refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition To vacation fees. n City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. ® Name of public right -of -way proposed to be vacated is ; dedicated by plat of Subdivision, filed as Plat No. in Recording District. F1 Are there associated utility easements to be vacated? ❑ Yes El No ❑ Are easements in use by any utility company; if so which? ❑ Easement for public road or right -of -way as set out in (specify type of document) as recorded in Book Page of the Recording District. (Copy of recorded document must he submitted with petition) Section Line Easement. Width of easement must be shown on sketch. Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size: In the case of public right -of -way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. Has right -of -way been fully or partially constructed? FlYes .No Is right -of -way used by vehicles /pedestrians /other? EYes ]No Has ✓ No is section line easement being used? DYes �✓ No as section line easement been constructed? DYes Is alternative right -of -way being provided? DYes ❑No SI The petitioner must provide reasonable justification for the vacation. Reason for vacating: During the process of creating additional area for the City of Kenai Cemetery it was discovered that there lies a section line easement within the current cemetery site (USS 4969) and continues across the Kenai airport property. This vacation will remove the section line within these parcels which will allow for better use now and in the future. A continues right of way will be dedicated to allow access around this area. 94 The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of right -of- way or section line easement proposed to be vacated. Each must include mailing address and legal description of his/her property. di • ' 1` J etitioner Si' Representative Submitted by Signature � � �=— a � � � �l \i.\, As: P Name Scott Huff (Integrity Sur eys Inc.) Address 43335 K -Beach Rd. Suite 10 Soldotna, AK 99669 Petitioners: Signature Name Address Owner of Signature Name Address Owner of Phone 262 -5573 95 Signature Name Address Owner of Signature Name Address Owner of July 2011 MEETING CALENDAR Sunday 1 on ay 1 Tuesday Wednesday j Thursday Friday Jun2011 S Ni T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Aug 2011 S 747 W T F $ 2 3 4 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 29 30 31 Saturday 2 3 4 I HOLIDAYICITY OFFICES CLOSED 5 Library Commission, 7p, Council Chambers 6 CITY COUNCIL MEETING, 7p, Councit Chambers II{ 7 8 9 1€0 11 Harbor Commission, 7p, Council Chambers 12 1 13 PLANNING & ZONING COMMISSION, 7p, Council Chambers 14 Airport Commission, 713, Council Chambers Canna one.- shier Center 15 16 17 18 19 20 CITY COUNCIL MEETING, 7p, Council Chambers 21 22 23 24 25 26 27 PLANNING & ZONING COMMISSION, 7p, Council Chambers 28 29 it 30 31 96 August 2011 MEETING CALENDAR Sunday Monday Tuesday Wednesday ( Thursday Friday Saturday 1 7c i Library Commission, 7p, Council Chambers 3 CITY COUNCIL MEETING, 7p, Council Chambers 4 Parks & Recreation Commission, 7p, Council Chambers 5 6 7 8 Harbor Commission, 7p, Council Chambers 9 10 PLANNING & ZONING COMMISSION, 7p, Council Chambers 11 Airport Commission, 7p, Council Chambers j ■ Council on Aging, 4:3Op, Senior Center 12 ,04 Iipm- 13 14 15 c er. WU, U .1?SS i 4— apt t 16 17 CITY COUNCIL. MEETING, 7p, Council Chambers 18 19 20 21 22 (p,p ."., t{ BSA 23 24 PLANNING & ZONING COMMISSION, 7p, Council Chambers � 25 26 27 28 29 30 31 Jul 2011 M T W T F 5 5 M Sep2011 Z IN T F 5 3 10 17 24 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 28 27 28 25 2 2 16 23 3D 4 11 18 25 5 12 19 26 1 2 6 7 8 9 13 14 15 16 20 21 22 23 27 28 29 30 3 10 17 24 97 PENDING APPROVAL KENAI HARBOR COMMISSION MEETING JULY 11, 2011 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR PHIL MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Morin called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows. Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Chair P. Morin, V. Asldn, B. Eldridge, W. Nelson, T. Thompson B. Osborn, R, Peters Acting Public Works Director K. Lyon AGENDA APPROVAL Commissioner Eldridge MOVED to approve the agenda as presented and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 6, 2011 MOTION: Commissioner Thompson MOVED to approve the meeting summary of June 6, 2011 and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: ITEM 6: ITEM 7: PERSONS SCHEDULED TO BE HEARD -- None OLD BUSINESS -- None NEW BUSINESS -- None REPORTS 7 -a. Director -- Acting Public Works Director Lyon reported dock repairs would be bid out. 7 -b. ITEM 8: 8 -a. City Council Liaison -- No Report. NEXT MEETING ATTENDANCE NOTIFICATION August 8, 2011 98 Commissioner Eldridge requested an excused absence from the September meeting and Commissioner. Thompson requested an excused absence from the November meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Thompson suggested bringing fill into Spruce Street for safety reasons. Nelson noted people would cross under the fence and travel across the dunes. Eldridge reported on a rumor regarding brown bears on South Beach. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of June 1 and 15, 2011. It was noted the State of Alaska approved money for a drift boat pull out in the Lower Kenai River and Administration would gather information for the next packet. ITEM 12: MOTION: ADJOURNMENT Commissioner Eldridge MOVED to adjourn and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:12 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 99 HARBOR COMMISSION MEETING JULY 11, 2011 PAGE 2 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION JULY 13, 2011 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:06 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: Chair J. Twait, P. Bryson, H. Knackstedt, K. Koester, K. Rogers, T. Navarre Commissioners absent: S Romain Staff /Council Liaison present: City Planner M. Kebschull, Administrative Assistant N, Carver, Council Member T. Bookey, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval The following changes were requested: ADD TO: 7 -a. Ordinance No. 2560 -2011 Corrected Substitute Ordinance No. 2560 -2011 7 -a. Memo from Administration MOTION: Commissioner Knackstedt MOVED to approve the agenda with the lay downs listed above and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 100 1 -e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- June 22, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -28 - Preliminary Plat - Fidalgo Commercial Center, Elks Replat (A resubdivision of Fidalgo Commercial Center, Lots 1 & 2, Block 3, KN- 1587). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ11 -28 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noted this was a resubdivision within the Central Mixed Use Zone and recommended approval. Twait read the rules of public hearing and opened the floor to public comment. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -24 - A resolution of the Kenai Planning & Zoning Commission recommending the Council of the City of Kenai name an unnamed street. (Unnamed right -of -way located east of Kenai Airport proper.) PLANNING AND ZONING COMMISSION MEETING JULY 13, 2017 PAGE 2 101 MOTION: Commissioner Navarre MOVED to approve Resolution No. PZ11 -24 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending the approval of the name East Redoubt Avenue. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: • Suggested postponing for more options to be considered. • Spoke in favor of naming the street after Fred Pearson. • Suggested adding WHEREAS paragraphs as follows: WHEREAS, Redoubt Avenue would never connect to this portion of the section line; WHEREAS, Fred Pearson became a resident of the State of Alaska in 1952 or 1953, built the road in the late 1950's, and received a patent for homesteading in the area in 1965; MOTION: Commissioner Navarre MOVED to postpone Resolution No. PZ11 -24, requested Administration return with a new resolution and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation -- Ordinance No. 2560 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending Kenai. Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to amend the definition of what is a "Junk Vehicle." Kebschull reviewed the lay down of the Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to Add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles,' to Amend the Definition of What is a "Junk Vehicle." Commissioner comments included: • Noted in Section 2(e) and (f) vehicle should be defined as the PLANNING AND ZONING COMMISSION MEETING JULY 13, 2011 PAGE 3 102 manufacturer intended. • Inquired as to how the code was enforced. Kebschull noted it varied from case to case, including the owner paid to remove the vehicle, the City could help pay to remove the vehicle, or an abandoned vehicle could be removed at City expense. • Requested public comment. Twait opened the meeting to public comment. Alan Poynor, 4560 Wolfe Street, Kenai -- Noted that people who restore vintage cars could store inoperative cars for a long period of time and the code should not apply to them. Administrative Assistant Carver noted the owners could purchase vintage plates. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Navarre MOVED to amend Ordinance No. 2560 (Substitute) to delete the first vehicle in Section 2(e), recommended Section 2(e) and (f) be forwarded to Council, requested Administration prepare for Council a consideration for Section 2(b), and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Bookey reviewed the July 6, 2011 City Council Action Agenda included in the packet. 9 -b. Borough Planning -- Commissioner Bryson reported the next meeting would be July 18, 2011. 9 -c. Administration -- Kebschull reviewed the Quarterly Reports included in the packet; noted the Comprehensive Plan was on track with a meeting with local Native Associations on July 14, 2011; an infoiivation item regarding the public participation plan would be forthcoming; and, a meeting with the Senior class at Kenai Central High School was planned for after school restarted in the fall. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess, Kenai -- Spoke against "sprawl" within Kenai. ITEM 11: INFORMATION ITEMS PLANNING AND ZONING COMMISSION MEETING JULY 13, 2011 PAGE 4 103 11 -a. Quarterly Reports • Building Permits • Zoning Permits • Code Violations 11 -b. Kenai River Center Permit KRC# 8784 - Kenai Watershed Forum Permit Extension ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. July 27, 2011 Commissioner Navarre noted he night P ave to leave early to catch a plane. It was decided to hold a work session before and immediately after the next meeting. ITEM 13: ITEM 14: MOTION: COMMISSION COMMENTS & QUESTIONS -- None ADJOURNMENT Commissioner Knackstedt MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:59 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 13, 2011 PAGE 5 104 theuyuf KENAI, SKA PARKS & RECREATION MID -MONTH REPORT July 2011 June and early July were exceptionally busy for the Parks & Recreation Department. Routine maintenance tasks included turf mowing, facility cleaning & inspections, litter patrol /trash runs, and upkeep of flowerbeds. Several of the flowerbeds throughout town were updated with some new landscaping, including Erik Hansen Scout Park, Visitors Center, Fire Department, Library, and the old Re -Max bed. Grass was planted along the new sidewalks installed last summer in Leif Hansen Memorial Park, Two big events occurred over the 41h July weekend. These were the Chamber's 4th July festivities and the Kenai Softball Association's annual Firecracker Tournament. There were a total of 21 teams participating in the tournament, most of which were from out -of -town. Parks staff assisted with restroom facility cleaning and trash for both these events, The sand volleyball court on the parkstrip was removed to better accommodate large functions. Little League baseball came to a close a couple weeks ago although the American Legion Baseball organization is still utilizing the Sr. League field for some of their JV games. There are a total of fourteen shelter reservations for the month of July. Total reservations to date since May are twenty -five. Reservations range from company picnics, birthday parties, to private weddings. Maintenance crews spent two days working in Bernie Huss. Work included trimming vegetation along the trails and raising the canopy on spruce trees. More work needs done. The crew needs to complete some fence work on the backside as well. Considerable attention was once again paid to the upcoming dip net fishery. Tasks included fencing, signage, trimming of vegetation in the north beach parking lot and along Meek's Trail, Kenai Ave and South Spruce St; facility cleaning, training, and organization of shack supplies and material. The department will utilize 100 hrs community service work this month not including an AmeriCorps volunteer who will be volunteering her services on Mondays only. 105 yof KENAALASKA POLICE DEPARTMENT MID -MONTH REPORT June 2011 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 7113111 SUBJECT: Police & Communications Department Activity — Month of June 2011 Police handled 693 calls for service (up from 657 in June 2010). The Communications Center received 276 emergency 9 -1 -1 calls (180 from cell phones). Communications personnel handled 3,193 administrative phone calls during the month of May. Officers made 46 arrests and wrote 201 reports. Traffic enforcement resulted in 140 warnings, 47 speeding tickets, 45 seatbelt tickets, 20 citations for equipment violations, and 61 citations for `other" traffic violations. There were 7 DUI arrests (one felony). Police investigated 8 vehicle crashes. One of the crashes involved a moose. None of the crashes were DUI - related. On June 2, Megan Williams started work as a police officer. Also on June 2, three Seasonal Enforcement Officers started work, joining the SED who has been working since April. On June 13, Sgt. Kelly George attended a one -week supervision course in Anchorage. On June 13, Officer Trevor Miller attended two weeks of annual tactical training with the Alaska State Trooper SERT team. He,has been a member of the team for several years. On June 14, Chief Sandahl accompanied the All- America City team to Kansas City, MO. On June 24, Officer Ryan Grimm completed field training, and was assigned his own shift the following week. In June, Dispatchers Linegar and Trujillo attended basic life support for healthcare providers recertification training at the Kenai Fire Department. 106 theuyof KENAI, ALASKA ANIMAL CONTROL MID -MONTH REPORT June 2011 2011 2010 2011 2010 STRAY 86 73 ADOPTED 58 49 Dogs 37 43 Dogs 27 21 Cats 45 26 Cats 29 25 Other Species 4 4 Other Species 2 3 RELEASED BY OWNER 46 30 CLAIMED 20 24 Dogs 25 14 Dogs 18 21 Cats 21 14 Cats 0 3 Other Species 0 2 Other Species 2 0 D.O.A. 12 15 EUTHANIZED 54 27 Dogs 8 11 Dogs 17 15 Cats 4 0 Cats 37 18 Other Species 0 4 Other Species 0 1 TOTAL ANIMALS 144 118 Other Disposition 0 3 Borough Animals 57 29 Field Investigations 118 90 Total Dogs 70 68 Volunteer hours 194 101 Total Cats 70 40 Total phone 630 603 Total Other Species 4 10 Kennel Permits 0 0 Community Involvement Projects: Peninsula Community Health Services Youth Program, Peninsula Community Health Services weekly dog walkers. 107 then of KEN ` ALASKA FIRE DEPARTMENT MID -MONTH REPORT July 2011 Summer has come to the Peninsula and the focus at the Fire Department has switched efforts to prepare for the anticipated change in emergency calls. The Rescue Boat is completed and staged at station one for response. The dipnet fishery has just begun and as of 7 -13 we have not had any calls for service to the fishery, The new Polaris Ranger is in the hands of the SEOs and has been patrolling the beaches during the fishery. The two members of our department, previously mentioned that were taking their EMT three class as part of the pilot program Through the Peninsula College, have completed it. Firefighter Coots is presently in a fire investigation class in Anchorage. At the completion he will be part of just a handful of certified investigators on the Peninsula. Next week, two members will be attending a user's conference for Image Trend. Image Trend is the records management system that we currently use. Being one of the first departments in the state to go to this system, this conference will surely help refine the use of this system. We will continue to be flowing and testing hydrants throughout the summer along with pressure testing fire hose, testing ladders and service testing pumpers. We continue to monitor the progress of the new ambulance build and although we do not have an actual delivery date; we are anxious for its arrival. Below are a few pictures showing its progression. 108 the u#of KE AL ALASKA To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: July 8, 2011 Total June Meal Count 2011 Served: Total Congregate Meals Served: 1,327 Total Home Meals Served: 1,779 Total June Meal Count 2010 Served: Total Congregate Meals Served: 1,516 Total. Home Meals Served: 1,724 We were rented three times for weddings in June. We had 1.065 volunteer hours KENAI SENIOR CENTER JULY REPORT 20 seniors were seen by Administrative Assistant relating to various issues concerning Medicare, social security, and various other senior issues. The Director assisted a family in finding as assisted living for their senior family member as well as helping with paperwork for guardianship to expedite getting set-vices. The Kenai Senior Center hosted the area wide senior picnic in the park on Main Street, There were over 200 senior present from Horner, Sterling, Soldotna, Nikiski, and Kenai. Each senior center provided part of the meal. A Kenai Senior Center volunteer and director cooked hamburgers and hotdogs. The "Hope Notes" from Homer provided entertainment. This was the first year the picnic was held in Kenai. It was so successful we have scheduled it for next year. The Kenai Peninsula senior center directors met for their quarterly meeting at our senior center. Topics of discussion was the success of the area -wide senior picnic held in Kenai, grants and funding for next year were discussed and we met the new director from Nikiski and were notified a new director for Homer was hired and would being working on August 1. United Way awarded us 816,813, this is significantly lower than other years but contributions were down. We received $6,777.00 in designated funds from the United Way; this means that there were people who donated through United Way to our senior center. We were awarded 8170,224 from the state for the NTS grant. The grant amount did. not change from last year, 109 the w'lfaf KENALALASKA KENAI COMMUNITY LIBRARY MID -MONTH REPORT JUNE 2011 The library was closed for rwo weeks from June 27 through July 9. The month of June saw a flurry of activity as we readied to close, move and install new furniture. We also worked with Kevin Lyon, Project Manager and. Mack Pate from Blazy on final construction details. Northern Technology worked with us to move and re- install all of our computers, a task that is ongoing. During this time, we also recruited and hired one summer shelver and two regular part-time library aides. Ryanna Thurman is our summer shelver. She has worked in the library other summers and will attend the University of Washington Graduate Library School this fall. There were 20 applications for the summer position. There were 34 applications for our two regular part-time library aide positions. Most were not only qualified, some were extremely over qualified, We interviewed eight people and hired Kendra Rernsen and Reilly Becker, We were able to bring them on board to get some training in the last two days of our closure so that they could not only join in the grand opening celebration, but also hit the ground running on our return to business. The grand opening was wonderful. Girl Scout Troop 545, who raised $701 for the library with a read -a -thon, led us in the Pledge of Allegiance: Deborah Sounart from Kenai Central played a trumpet solo of the Star Spangled banner. Our speakers included Mayor Porter, Michelle Blackwell for Senator Murkowski, Kim Howard for Senator Begieb., Mayor Carey, Linda Thibodeau. our Alaska State Librarian, Diane Kaplan for the Rasmuson Foundation, Bob Peters for the Library Commission, Sal Mattero for the Friends of the Kenai Community Library and written remarks from city manager, Rick Koch. Special thanks go to Duane Bannock for helping us order food and manning the grill, the Soldotna Chamber of Commerce for the loan of the giant scissors, all the city departments who helped us create gardens, move furniture and hang artwork, Laura Forbes and the Kenai Convention. and Visitors Center for installing artwork on our walls, Maria Alison and the string trio for their sublime music, all the volunteers and Friends who helped get us ready and helped with the party and last, but not least, Kimberly Glidden. and Jessica Bookey, aka Frog and Toad for entenaining everyone in the new children's room. 110 fru dry o f RENAL ALASKA U TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: July 13, 2011 SUBJECT: MW - Month Report; Public Works Department PUBLIC WORKS DEPARTMENT JULY 2011 REPORT Public Works Operations: Dip net fishery is under way with dock and streets support. Dan Young is retiring after 31 years of service, 27 of those years he has worked in water and sewer. We are currently recruiting to fill that position. The shop received the new Meals on Wheels van on July 131h, Status of Projects: • Kenai Municipal Airport Rehabilitate Apron — 2009 -2010 — The Contractor resumed work the first full week in June and completed the base rock and paving on the unfinished south apron transient area. The crash truck midfield access road was completed west to the runway west side. Crash truck drivers report a better time to the runway and no more gravel will be tracked up on paved runway and taxiways. The oil /water separator has been installed. Painting started on the runway on June 24 and was completed on June 28 • Kenai Municipal Airport Master Plan - Work is underway to complete a Professional Services Agreement between the City and Wince - Corthell -Bryson for this project scope of work is being reviewed. • Kenai Municipal Airport Floatplane Basin Development - Phase 1. WCB is working on the relocation of the fence and gate on this project. The design study report, specifications and drawing have been reviewed and were returned to WCB on July 13. • Recreation Center: Project closeout underway. • LED Streetlight Installation — 2011: Project closeout underway. 111 4,of KENAI, ALASKA u The status of the projects is as follows: CAPITAL PROJECT MANAGER MID -MONTH REPORT July 2011 Kenai Community Library Expansion Project — Grand Opening was on July 8. Punch list items are remaining to be completed and furniture is still arriving. Water Treatment Facility (Arsenic Ground Water Study) — The lift station is under construction and the submittal process is continuing. Togiak to Beaver Loop Water Extension Project —The project was awarded to North Star Paving and construction at the April 6`h, Notice to proceed was issued on April 18. Construction is nearing completion with disinfection, flushing and tie scheduled for later this month. Personal Use Fisheries Capital Project — Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction underway. Construction is complete and currently in use, minor punch list items will be completed following the dip net fishery. The replacement bridge for the trail is on site. Ordinance 2554 -2011 appropriated $25,000 from US Fish and Wildlife on May 18. Bridge is scheduled for winter installation to meet permit requirements. Vintage Pointe Water Damage Project — contract close out is under way. Baron Park Drive (Kenai: Various Road Improvementsi— Curbs were installed on July 13`h, D1 and paving to follow later this month. Main Street Reconstruction —Boring occurred in mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. The project is out for bid with a bid opening scheduled for August 9'" and council Award on August 17th. Central Heights Roadway Lighting & Storm Water Improvements —Work on the geo -tech report is complete. Marathon Park Restroom (Daubenspeck Family Park) —The restroom construction contract was awarded on December 15`" to Cornerstone Construction LLC, construction is complete with only minor punch list items remaining. Marathon Park Phase One - Parking Lot Improvements -2011- The pre -bid conference was held on June 8, 11 at 10:OOam. The bid opening is June 28, 2011 at 2:00pm. The project is to improve the parking lot at Marathon Park. Pre construction meeting was held on July 13. 112 FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: July 14, 2011 Re: Monthly Report July 2011 With the completion of the budget the department's focus has switched to closing of FY11 and completion of the City's Comprehensive Annual Financial Report. This process includes closing of the FY11 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of September 26"'. With the fulltime assignment of the Deputy Clerk to the Clerk's Office during the City Clerk recruitment process, finance has hired Ms. Sheryl Oldham temporarily to assume the reception duties in Finance. Ms. Oldham was previously a City employee which enabled her to quickly learn the position. Ms. Oldham is a welcome addition and we are very happy to have her. The 2011 Personal Use Fishery commenced requiring daily staff time reconciling receipts from the fishery. Recruitment of the City's IT Manager is underway and interviews will be scheduled soon for qualified applicants. I hope to have the position filled in August. enai MBJnicepar Airport Airport Improvement Program: July 2011 Airport Manager's Report Apron Rehabilitation: Project is essentially complete outside of some punch list items. Float Plane Basin Facility Improvement Project: All comments have been received on the Float Plane Basin Development Phase One 2011 -2012 Design Study. Bid documents are being prepared should the FAA offer the grant funds. Master Plan — City Administration is reviewing the project scope. Obstruction. Clearing EA - The obstruction mapping and base maps are complete. Wince- Corthell- Bryson is finalizing the agency scoping document and has completed the private and public parcel exhibits. The completed scoping document should be available for City and FAA review next week prior to the agency mailing for a 30 day comment period. 2011 Fish Haul Permits — The airport has rented only 1 fish haul area this season; however there could be a second. In -house Airport Projects: Staff is very busy with grounds maintenance both on the airfield and around the terminal. The terminal and generator building have been painted. Booth's Landscaping will be pruning trees in the airport triangle and there will be painting of the curb and roadway in front of the terminal. The airport is also moving forward with repairs to the glass walkway on the terminal roof. New Compass Rose: During the recent Apron Rehabilitation Project, the compass rose was relocated to the north apron. A compass rose, sometimes called a windrose, is a figure on a thap, nautical chart, or a paving used to display the orientation of the cardinal directions; north, south, east, and west. The Mat -Su Valley Chapter of the 99's has contacted the airport wanting to paint it. The Ninety -Nines is an international organization of women pilots that promote aviation through education, scholarships, and mutual support who fly "for the fun of it ". The airport will supply the materials. RSAT August Meeting — The Runway Safety Action Team will be in Kenai on August 161h: They have requested the mailing addresses for all airline /air taxi companies on the airport. The Airport inspection will be at 10a.m. with the pilot briefings held that evening, 2011 -07 114 72.09% June 2011 Month ERA GRANT Total 2010 Change KENAI Combined AVIATION AVIATION 2010 AVIATION Month Total January 4,885 1,897 6,782 6263 519 157 6,939 February 4,883 1,815 6,698 5.976 722 148 6,846 March 5,139 2,054 7,193 6,810 383 180 7,373 April 4,701 1,908 6,609 6,384 225 179 6,788 May 4,941 I 2,030 6,971 6,478 493 186 7,157 June 5,521 2.138 7,659 7,005 654 286 7,945 July 10,292 August 9,653 September 7,109 I !October 7,613 November 7,371 December 6,435 Totals 30,070 11 ,842 41,912 87,589 2,996 1,136 43,048 Terminal - Vehicle Parking Revenues June FY Totals 2010 $14,730 5169,832 2011 $14,649 $190,914 Vehicle Parking Revenues 25000 22500 20000 12500 -- 10000 7500 5000 2500 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 115 is PY10 FY11 Nieunecipar Aerport FLOAT PLANE BASIN ACTIVITY 2007- 2011 OPERATIONS Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER tsta7-. 2011 2010 2009 2008 2007 0 0 0 0 0 49 109 118 66 0 135 170 190 118 72 228 242 242 178 192 278 192 221 83 146 119 173 20 68 48 30 Closed Closed Closed Closed ............ 7t5. not reported FUEL SALES Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER atal. 2010 $521 $2,027 $3,870 $2,497 $1,447 $43 $368 $2,714 $2,815 $3,390 $2,498 $642 2008 $561 $3,443 3,252 3,506 1,735 $100 2007 $0 $988 $2,660 $2,721 $2,493 $162 2,.596 $9024. Slips Rented Private Commerical 12 0 116 Rev 6/2008 PURCHASE ORDERS BETWEEN $2`500'0O AND $1O`U08.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JULY %8,2V11 VENDOR DESCRIPTION DEPT. 4ccOUNT --•-•--•-,- --------��� ALASKA MUNIC!PAL LEAGUE PENINSULA CLARION TAU0/VNENEMWNEEkJN8/TEST|NG ALASKA OIL SALES PENINSULA PUMPING PENINSULA CLARION NORTHERN SECURITY BRODART ALASKA LIBRARY NETWORK SPILLMAN TECHNOLOGY SP|iLMANTECHNOLO8Y I-a FESTIVE OUTFITTERS 4 AMERICAN ENVIRONMENTAL SVERYV|h|NDV%TR|ES GREENSCAPES K0N|CA MINOLTA JF ENTERPRISES K(}N|C8M!NOLJA STAPLES PITNEY BOWES CASETTE GRANICUS SRAm/CVS SOLDOTNA PROF PHARMACY VABC0CKCUK|ST|NE ELLIOTT, TERRI FY17M5K1OERGMIPDUES LEGISLATIVE FY12 ADS, NOTICES FY12TEVT|N(} FY128UPpUE8 PORTABLE RESTROOM RENTALS FY12 ADS, NOTICES Fy12 VARIOUS AMMUNITION FY12 ANNUAL BOOK RENTAL AUDIO BOOKS SUMMIT UPGRADE FINAL PAYMENT FY12 MAINTENANCE CONTRACT MICROPROCESSOR REPLACEMENT FY11 WELL MONITORING FRICTION ME PYI2 PLANT LEASE BIZHUB FY12l8N|TnR|&L FY12 SERVICE AGREEMENT FY12 ANNUAL COPY PAPER FY12POOTAGE FY12 CONTRACT SUPPORT FY12 VIDEO STREAMING FY11MmNTENxNCE FY12 EMS SUPPLIES & MEDICATIONS FY}2PMY8|S|ANCONSVLAT|0NFEES FY12 PHYCISIAN CONSULATION FEES P&7 WATER SHOP PARKS CLERK POLICE LIBRARY LIBRARY COMMUNICATIONS COMMUNICATIONS RECREATION AIRPORT AIRPORT AIRPORT AIRPORT NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL FINANCE CLERK CLERK FIRE FIRE FIRE __•-_--_- DUES & PUBLICATIONS ADVERTISING PROFESSIONAL SERVICES OPERATING SUPPLIES RENTALS ADVERTISING OPERATING SUPPLIES BOOKS BOOKS REPAIR & MAINTENANCE REPAIR &MAINTENANCE REPAIR & MAINTENANCE PROFESSIONAL SERVICES. SMALL TOOLS RENTALS SMALL TOOLS REPAIR & MAINTENANCE PRINTING 4BINDING PRINTING & BINDING POSTAGE REPAIR & MAINTENANCE SOFTWARE REPAIR & MAINTENANCE OPERATING SUPPLIES PROFESSIONAL SERVICES PROFESSIONAL SERVICES 6,750.00 6,000.00 4'091_80 3'VVV.00 6.000.N) 7,000.00 7,185.00 t,94&U0 3.000.00 5`000_V0 8,434.00 13,000.00 5,471.00 3,655,74 6.360.00 5,004.48 12.000.00 3,000.00 4,000.00 9.008.00 O'81800 5,410.00 10'000.08 4,500.00 6,000.00 6,000.00 "Village with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMO: TO: Rick Koch, City Manager t` FROM: Marilyn Kebschull, Planning Administration`-4 DATE: July 8, 2011 SUBJECT: Comprehensive Plan Update Status 1992 The Planning & Zoning Commission began working on the Proposed Land Use Plan at a work session on June 8th. At that meeting, the Commission reviewed and preliminarily agreed to areas classified as Rural Residential and Suburban Residential. The Commission has postponed further work on the Plan and began reviewing the amendments proposed to the Land Use Table by Ordinance No. 2546 -2011. They will resume work on the Land Use Plan as time permits. The consultants have prepared a draft Public Outreach and Participation Plan. This Plan will identify and document public outreach efforts. The Plan will be updated as we proceed through the process. At this time, we are planning on presenting the draft Public Outreach and Participation Plan to the Commission on July 27th. We also plan to roll out a proposed name for the Comprehensive Plan which will be similar to City of Soldotna's "Envision Soldotna 2030" and Anchorage's "Anchorage 2020." The consultants have drafted a Table of Contents for the Comprehensive Plan. We will be using that draft as we review the current Plan to determine what changes should be made and what new topics should be included in the Plan. That review is scheduled for August 11th. Work has also begun on reviewing and updating the background data including reviewing the most recent Census data. Ms. Bechtol has begun drafting questions for the online survey. We anticipate running the survey through Survey Monkey for two months and are considering August/September. This timeframe will work well with the intent to involve students at Kenai Central High Schooi. Contact will be made with the Government teacher at KCHS in mid - August to plan on how best to work with the students. 118 Comprehensive Plan Update Status July 8, 2011 Page 2 Initial contact with Kenai's native groups has been accomplished. We hope to meet with the directors the week of July 11th and pursue a plan for their involvement in the Plan. At this point, we are open as to how to proceed and will ask for their guidance as to how best to involve their members in the process. We are going to suggest using the collaborative process we have been using and have some suggested dates in early August as possible dates to hold those meetings. The consultants will use the contact information we have received from meetings and public comments and develop a list serve email list. This list will be used to provide updates. We have also begun discussing development of the first newsletter to provide an update on the Plan. We would like to have the newsletter ready to send at approximately the same time the online survey is available. It is anticipated that the scientific poll will be conducted in the fall. Planning for a fall date would have given an opportunity to receive input from the native groups and school would be back in session. 119 PZ Resolutions Second uarter 2 011 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Amend KMC Conditional Use Permit Encroachment Permit I-lome Occupation Permit Landscape /Site Plan 201 116 Title 14 Fees 201121 Subsurface Extraction of Natural Resources 201122 Motor -Cross Race Track 201114 5 Rear Setback 201108 Photography Sutdio 201111 Water Treatment Facility 201112 Facility Site 201113 Well Pad 5/25/2011 Approved 5/25/2011 Approved 6/8/2011 Approved 5/25/2011 Approved 4/13/2011 Approved 4/26/2011 Approved 4/28/2011 Approved 4/28/2011 Approved Tuesday, July 05, 2011 Page I 01-2 120 TYPE OF PERMIT Resolution 4 TYPE MEETING DATE ACTION Preliminary Plat Variance 201109 Kenai Cemetery Expansion 4/27/2011 Approved 201110 Sec. Line Easement Vacation - Kenai Cemetery 4/27/2011 Approved 201117 Killen Estates Richmond Addh, 5/25/2011 Approved 201118 Holland Spur Hwy. SD 5/2512011 Approved 201119 Townsite of Kenai Kenaitze Addn. SD 525/2011 Approved 201120 Silver Pines Part 2 5/25/2011 Approved 201123 VIP Ranch Estates Vasicek Replat 6/22/2011 Approved 201125 Kenai Municipal Airport Float Piane Basin 6/22/2011 Approved Replat No. 2 201126 Beluga Lookout Addition to Original Townsite 6/22/2011 Approved of Kenai 201115 2 Front /Side Setback 5/25/2011 Approved Tuesday, July 05, 2011 Page 2 oft 121 City of Kenai Building Permits - 2nd Quarter 2011 Note: Other includes additions alterations, repairs, and renova R= Residential C= Commercial SFD= Single Family Dwelling MFD= Multi - Family Dwelling ons. Permit #: Date Owner Address 1114789 1 4/4/2011 Michael Cluff 507 Hemlock 1134790 1 4/4/2011 KEDD 14896 Kenai Spur Hwy 1134791 1 4/18/2011 Susan Lovett 604 Laurel Dr. 1134792 4/25/2011 City of Kenai - N. Shore 912 Kenai Ave. Restroonrs 84791 4/27/2011 CINGSA 1377 Beaver Loop Rd. IQ 1134794 1 4/27/2011 Cherrier & Cherrier LLC 514 Overland 134795 1-13- 4796 [B4797 1 4/28/2011 Harriet Moravec 4/25/2011 City of Kenai - Marathan Park 5/3/2011 Thomas Phillips j134798 5/5/2011 D Barnard 134799 5/9/2011 Russian Orthodox Church 154800 5/9/2011 Three Bears 184801 1102 Second St. 400 Marathon Rd. 311 Linwood Ln 335 Dolchok Laic 1104 Mission Ave. eseription Other -RES New - Commercial Other -RES New - Commercial New - Commercial Other - Commercial Other -RES New- Commercial Other -US Other -RES Other - Commercial 10575 Kenai Spur Hwy. Other- Continercial. 5/9/2011 City of Kenai - 400 Marathon Rd. Marathon Park Shelters Tuesday, July 05, 2011 Other- Commercial Plan Fee Permit Fee Valuation R/C 50.00 5245.00 50.00 5483.70 53,528.36 50.00 $0.00 5483.70 $33.60 50.00 581.41 $39.06 5117.81 547.00 $643.75 567.76 5895.75 55,428,25 52,393.75 547.00 5895.75 $0 R 585,000 C 56.5 0 R 543,000 C $962,000 C 5350,000 C 52,000 R $43,000 C $67.20 56,000 R 547.00 $2,500 R 5125.25 $2,367 C 560.10 51,711 C $181.25 $10,000 C Page 1 of 3 r N CO Permit tt: Date Owner Address Description Plan Fee Permit Fee Valuation RJC B4807. 1 51111/2011 Ryan Tunscth 84803 1 5/19/2011 City of Kenai -Kenai '84804 �B4805 Water Treat. Fac.. 5/17/2011 CINGSA Office/Shop Building 5/17 /2011 CINGSA Auxiliary Building 134806 5/17/2011 Farris Family Trust 1134809 lB4810 1134811 LB4812 1134813 5/18/2011 Fred Perez 5/27/2011 Todd Harsha 5/27/2011 Twin City Raceway 5/31/2011 Stanley Ford 6/12011 O'Reilly's Auto Parts 6/1/2011 Teresa Werner [B4814 6/2/2011 Pal Reilly 084815 111—' 6/8/2011 David & Sue Salter 1134816 1 6/8/2011 CINGSA Electrical Equipment Enclosure [i817 H 6/8/2011 KPRSD - KCHA Arts /Sports Bldg. {I84818 1 6/13/2011 Jody Svec Tuesday, July 05, 2011. 2815 Bryson Ave. 420 Shotgun Dr. New -SFD New- Commercial 1377 Bridge Access Rd. New - Commercial 1377 Bridge Access Rd. 1303 Colonial Dr. 204 Birch St. 411 Evergreen 490 Shotgun Dr. New - Commercial Other -RES New -SFD New -SFD Otter- Commercial 10288 Kenai Spur 1-Iwy. Other - Commercial 10511 Kenai Spur Hwy. New - Commercial 508 Japonski Dr. 206 Candlelight Dr 15291 oyon Way 1430 Bridge Access Rd 9583 Kenai Spur Hwy. 203 Portlock S[_ Other -RES New -SFD New -SFD New - Commercial Other COI mere ial Other -RES 5351 -33 $8,390.69 $1,603.26 $1,955.97 $0.00 $98.56 5210.00 $0.00 $227.01 52,101.94 50.00 $176.40 5343.28 5495.79 5154.11 50.00 $702.66 512,908.75 52,466.55 $3,009.90 547.00 $197.12 5420.00 5251.25 5349.25 $3,233.75 594.00 5352.80 5686.56 5762.75 5237.25 $47.00 $305,000 R 53,000,000 C 5363,000 C 5459,900 C 55,000 R $70,400 R 5135,000 R $15,000 C 522;000 C 5500,000 C $15,000 C 5126,000 R 5175,000 R 567,000 C 514,500 C $950 R Page 2 of 3 fra Permit #: Date Owner Address Description Plan Fee Permit Fee Valuation RIC r84s19. -- 1 6/14/2011 Jerry Sprague S05 Cook Avenue New -SIrD $11832 $237.44 $80,500 R ITjn4820 6/15/2011 Stanley & Michelle 614 Ponderosa St. $59.22 40,000 R T482-6-- Saner OthervRES Si $118.44 134821 6/17/2011 Mark Schrag 312 Princess St. Other -RES $0.00 $47 00 R $(1,1100 1134822 6/22/2011 John & Connie Auram 2555 Seine Ct. Other -RES $67.20 $134.40 $48,000 R 134823 6/30/2011 John Boyce 1619 Tanaga Ave Other -RES $2350 $47.00 $1,500 R _ 1 1134824 1 6/30/2011 Highland Trailer Park - 5125 Silver Salmon Dr. MEI Inspection $100.00 R Lashbrook #29 Grand Total $21,389.62 537,350.68 S6,963,831 Note: Fees include amounts not collected on city projects and non- profit donations. Tuesday, July 05, 2011 Page 3 of 3 USA MURKOWSKI ALASKA niteb .•tates . %enute WASHINGTON, D.C. 20510 June 23, 2011 tlD JUL 11 2011 KEHA1 CTFY CLERK The Honorable Pat Porter, Mayor, City of Kenai Alaska Members of the Kenai City Council 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Mayor Porter and Members of the Kenai City Council: I was delighted to hear Kenai was the winner of the National Civic League's All- American City award. This is a most prestigious honor fora most deserving community! You all deserve to be proud of this outstanding recognition. Congratulations on all your hard work promoting one of my favorite cities in all of Alaska. Sincerely, urkowski ted States Senator NOT PRINTED PT TAXPAYER EXPENSE, 125 COMMIT M ON ARMED SERVICES GOMMI:TEE ON COMMERCE. SCIENCE, ANIi `fiA1 SPOR7'AF(ON The Honorable Pat Porter Mayor City of Kenai 210 Fidaigo Avenue Kenai, AK 99611 Dear Mayor Porter: MARK BEGI.CH COMMITTEE ON VETERANS' AFMAERS ALASKA COMMITTEE ON. T HE BUDGET eftta.teS WASHINGTON, DC 20,31.0 July 6, 2011 Congratulations on the grand. opening of the Kenai Community Library expansion. 1 k forward to visiting the Kenai area on a future trip home and seeing this expansion fully completed. k I enjoyed touring the project a year ago and reading to the pre - school children at the Buildings and Books event. 1 am a big supporter of public libraries and programs that enhance learning; Congratulations to you and the city council on making the library expansion a reality. Through your commitment and strong community involvement, this facility is now double in size and has space to meet the community's library needs. I'm particularly excited about the video - teleconferencing (VTC) equipment you will receive as a result of the Alaska OWL — Online with Libraries project- -which will provide needed resources to Alaska communities through VTC services in public libraries. This grant program was awarded through. the Broadband Technology Opportunities Program and American Recovery and Reinvestment Act funding to expand access to broadband services in the United States, Thank you Mayor Porter, the Kenai City Council., city staff, the Library Commission, and Friends of the Kenai Community Library for seeing this project through. Libraries are the heart of a community, and this library reflects the heart of Kenai. Congratulations and have a great opening. SUCTE2 0 0;OL5TRF r ANCHORAGE, AK 29301 sum. 200 13110r AVENUE 0AFPAANKS. A< 99''AN Sincerely Mark Begich United States Senator RUITC 308 am: SEAd.AS0A PLAZA JUNEAU. Hilt 99001 SUITE 1A1 1000 FRONTAGE ROAD KENAI, AK WO SUITE 230 )30D NEST AVENUE KETC383AN.. AK 09991 SLATE ER.noa RUSSELL l:U14.E51NNi9 WASHINEINN, 00 20000 f9071.271.0916 2070480-02001 08777' 53507700 09070283 -0000 Men 222-3003 02E20220 -9060 126 LISA MURKOWSKI ' ALASKA COMMITTEES: ENERGY AND NATURAL RESOURCES 949990 MEMBER APPROPRIATIONS HEALTH, EDUCATION, LABOR. AND PENSIONS INDIAN AFFAIRS "iced *tats , e WASHINGTON, DC 20510 -0203 1202)224 -6662 (202) 224 -5301 FAX July 9, 201 1 Friends of the Kenai Community Library 163 Main Street Loop Kenai, Alaska 99611 -7723 Dear Friends of the Kenai Conununity Library: 510 L STREET, Sutt® 600 ANCHORAGE, AK 99601 -1956 1907)271 -2735 101 12TH AVENUE, Room 329 FAIRBANKS, AK. 99701 -6278 (907)456 -0233 805 FRONTAGE ROAD, Suer &106 KENAI, AK 99611 -9104 1907)288 -6808 4079 T ONOASE AVENUE, SUITE 204 KETTCHKKN, A!K99901 -5526 (907) 225 -6880 857 5481 V485TP0INT DRIVE, SUITE 307 WASILLA, At 996554 -7142 (907!398 -7666 Just over a year ago, many of you were here for the ground breaking and now you are here celebrating this beautiful library expansion! What a dedicated group of people you are to shepherd this project through so quickly and skillfully. The citizens of Kenai are so fortunate to have such a. dedicated group working so hard to make this project a reality. Congratulations to you all! I'm sorry I wasn't able to join you today, but I will stop by soon to take the tour and see all the beautiful enhancements. I intended to drop by yesterday, but with the Senate in session, 1 had to change my plans. 1 am a staunch supporter of both school and community libraries, and I understand the unique and important contributions that libraries make to our children's development and how they serve the needs of the adult community. The joy of reading, once found, is never lost. Finding adventure, inspiration, and even friends within the pages of a book or within the doors of a library is one of the most wonderful experiences one can have, whether as a child or an adult. Libraries help us trace the origins of our family or the universe, serve as a gathering place, and help us hone our skills in innumerable ways. They are invaluable. This addition, and the library as a whole, is a treasure for the people of Kenai. I know it will bring much joy to all. I wish 1 could be there to congratulate each and every one of you who have worked so hard to make today a reality. Again, congratulations on this great achievement! Best, wishes, Lisa Murkowski United States Senator HOME PAGE &NaWFB MAIL MU RKOWS KI:SE NATE.GOV 127 DEPARTMENT OF EDUCATION & EARLY DEVELOPMENT DIVISION OF LIBRARIES, ARCHIVES & MUSEUMS Linda S. Thibodeau, Director July 9, 2011 Mary Jo Joiner, Director Kenai Community Library 163 Main Street Loop Kenai, AK 99611 -7723 Dear Mary Jo and the Community of Kenai: SEAN PARNELL, GOVERNOR ALASKA STATE LIBRARY P.O. Box 110571 JUNEAU, ALASKA 99811 -9.571 PHONE 907 -465 -2910 Congratulations and best wishes on the occasion of the grand opening of your new library expansion project. I have learned that the library was formally incorporated in 1933; since then the iibraly has served Peninsula residents for almost 80 years and I know you look forward to another 80 years. Alaska is fortunate to have this library on the Peninsula. Your energetic librarian and library staff make important contributions to the leisure time and literacy of people in the immediate vicinity — that is to be expected. What is not so expected is that Mary Jo and company also contribute to the library community statewide: they invent and implement interlibrary cooperation grant projects that benefit other libraries and library patrons; they serve on statewide boards and as officers of a variety of library organizations, and much more. I congratulate the citizens of Kenai on their foresight in investing in library services and in this newly renovated library facility. As in the children's book, The Little Engine that Could, Kenai has been successful because you had the perseverance to fundraise, lobby and work with a myriad of interested (and disinterested) parties to accomplish your goal. I can imagine you huffing and puffing away as you went up the project hill —"I think we can, I think we can" And now, at the top, successful, now you are saying "I knew we could! I knew we could!" We watched, admired, and knew you could too! I congratulate you for your hard work and celebrate your success. The State Library is working an a building project, and you are a role model; you are where we want to be in a couple of years, Enjoy your beautiful library, and when our new State Library opens in Juneau, I hope you come to the party. Sincere nda Thi.odeau State Librarian 128 ted on ORYC OCEAN 8UM :INMJ LE POWER COMPANY City of ICenai Mayor Pat Porter 210 Fidalgo Ave. Kenai, Alaska 99611 July 12, 2011 Dear Mayor Porter, D.Dougias Johnson BUSINESS DEVELOPMENT DIRECTOR 725 Christensen Drive, Ste. 4A Anchorage, AK 99501 CELL 907 250 7269 OFFICE 907 339 7939 djohnson @oceanrenewabtepower.com RECEIVED JUL 13 2011 KENA3 CITY CLERK Thank you very much for taking the time to send a letter to the Governor during his deliberations over the budget. It was thanks, at least in part, to your urging, that he passed the full funding for Round 1V of the Alaska Energy Authority (AEA) Renewable Energy Project Grants. Our tidal energy projects in the Inlet certainly warrant State support, and the $2 million promised with Round IV will help our devices be deployed and tested. We look forward to continuing and strengthening our relationship with you and your constituents as tidal power becomes part of our energy supply mix. We will send you periodic updates as we make progress with Homer Electric and the Legislature. Thank you again for your support and time, Doug Johnson 129 Rural i=. �'LO 131 c-warehouse e For: Date: Time: Location: Vibrant �LL amable (Tot You are Invited Inlet Woods Neighborhood Meeting Tuesday, August 2, 2011 6 :30 pm -7:30 pm Kenai Convention & Visitors Bureau 11471 Kenai Spur Hwy Kenai, AK 99611 Please come and meet your new neighbors and learn more about RurAL CAP's Self -Help Housing Program. For additional information, please contact Mi'shell at (907) 260 -3451. We hope to see you there! NOTICE OF PUBLIC HEARING JULY 20, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 1 -a. Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of what is a "Junk Vehicle." 2. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements. 3. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 4. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 5. Resolution No. 2011 -59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2011 -61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. 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. a Lk-4k Y . Corene Hall, Deputy City Clerk Posted: July 15, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JULY 20, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements. 2. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 3. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 4. Resolution No. 2011 -59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 5. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 6. Resolution No. 2011 -61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. 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. Corene Hall, Deputy City Clerk Posted: July 21, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://vvww.cittenatak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public commen limited to 10 minutes per speaker) 1. Lawrence N. Hayes -- Concerns Regarding Water /Sewer Costs to Lo Income Senior Citizens 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. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 1 -a. Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles,' to Amend the Definition of what is a "Junk Vehicle." 2. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements. 3. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 4. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. Resolution No. 2011-59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 6. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2011 -61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2569-2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. 4. *Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. 5. *Ordinance No. 2571-2011 -- Increasing Estimated Revenues and Appropriations by $480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 6. *Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 7. *Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -59. 11. Discussion - Schedule Work Session to review City Clerk Applications 12. Discussion -- Web Streaming of Planning and Zoning Commission Meetings, Work Session, and other Events. 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. Corene Hall, Deputy City Clerk D/211 PUBLISHER'S AFFIDAVIr1 UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece _._ being first du sworn, on oath deposes and says: That [ am and was at ail times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circular at Kenai, Alaska, that the Council Agenda y on and published PO 1196546 a printed copy of published in said every day for consecutive day is er one in th hereto annexed was e each and successive and issues on the following dates: July 18, 2011 X SUBSCRIBED AND SW( this 18th d- -.s oP .July ne before 2011 NOTARY PUBLIC in raver for the State of Alaska. My Commission expi 26- Aug -12 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS rittp.//www.crkenai.ak.us ITEMS: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1, Lawrence N. Hoy& - Concerns Regarding Water /Sewer Costs to Low Income Senior Citizens ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2560-2011 -- Amending Kenai Municipal Code Section 12.25 030 "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 1 -a. Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12_25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of what is a "Junk Vehicle! 2. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements. 3. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 4. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 5- Resolution No. 2011 -59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project. 6. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2011-61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. ITEM F: UNFINISHED BUSINESS ITEM 0: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000 3. *Ordinance No. 2569-2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. 4. *Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by 56,500 in the General Fund for a Library Grant. 6 *Ordinance No. 2571 -2011 - Increasing Estimated Revenues and Appropriations by 5480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 6. *Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 7. *Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery. 8. *Ordinance No. 2574 -2011 - Increasing Estimated Revenues and Appropriations by 572.552 in the Anadromous Fish Protection Capital Project Fund for the Receipt of a Grant from the State of Alaska Department of Fish and Game, Division of Sport Fish, to Fund Efforts to Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake. 9. Action /Approval -- Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC 10. Action /Approval -- Vacate the 50 -foot Wide Section Line Easements (North /South & East/West) Lying Within the U. S. Survey No. 4969 Excluding the Area that will Underlie Floatpiane Road Dedication Proposed on Kenai Cemetery Expansion No. 2 plat; and Vacate the 33 -foot Wide Section Line Easements (North /South & East/West) Lying Within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and Vacate the 3 -foot Wide Section Line Easements Each Side of the Section Line Common to the Southwest Yi Section 32, T6N, R11 W, and the Northwest 7< of Section 5, TSN, R11W, Lying Between the Main Street Right -of -way and U. S. Survey No. 4969; All Within Section 31 & 32, T6N, R11 W and Sections 5 &6 T5N, R11 W; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011 -59. 11. Discussion - Schedule Work Session to review City Clerk Applications 12. Discussion - Web Streaming of Planning and Zoning Commission Meetings, Work Session, and other Events. 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:I /www.ci.kenai_ak -us. Corene Hall, Deputy City Clerk 0787/211