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HomeMy WebLinkAbout2011-08-03 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Mayor City Manager Council - Bookey, Boyle, Gabriel, Moore City Attorney Clerk Finance Libra Kebschull Fire De artment 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: PORTER MOORE GABRIEL BOOKEY (fur MARQUIS MOLLOY BOYLE Page of M M S V PORTER PORTER MOORE MOORE GABRIEL .I GABRIEL 7 GABRIEL GABBRIEL I BOOKEY MARQUIS MOLLOY MARQUIS BOYLE MOLLOY MOLLOY ' ___ BOYLE MOLLOY Page of M S V PORTER V PORTER MOORE GABRIEL .I I� BOOKEY GABRIEL GABBRIEL I MARQUIS MOLLOY MARQUIS BOYLE _ Page of M S V PORTER f `" MOORE .I I� GABRIEL GABBRIEL I BOOKEY MARQUIS _ MOLLOY ' ___ BOYLE MOLLOY M S V PORTER f `" MOORE .I GABRIEL BOOKEY MARQUIS 'ff! MOLLOY BOYLE COUNCIL MEETING OF: Page 7)- of MI M S V PORTER V MOORE PORTER MOORE GABRIEL GABRIEL Y MOORE BOOKEY MARQUIS MARQUIS MOLLOY MARQUIS BOYLE MOLLOY MOLLOY BOOKEY BOYLE BOYLE Page 7)- of MI MI S V PORTER V MOORE PORTER MOORE GABRIEL GABRIEL ,Y MOORE BOOKEY MARQUIS MOLLOY MOLLOY MARQUIS BOYLE BOYLE MOLLOY BOOKEY BOYLE Page 7)- of MI S V PORTER S V MOORE PORTER GABRIEL BOOKEY MOORE fi 0„l, MARQUIS MOLLOY MOLLOY BOYLE BOYLE Page 7)- of M S V PORTER S V MOORE PORTER GABRIEL BOOKEY MOORE fi 0„l, MARQUIS MOLLOY MOLLOY BOYLE BOYLE M S V PORTER S V MOORE PORTER GABRIEL BOOKEY MOORE MARQUIS MOLLOY BOYLE M S V PORTER MOORE GABRIEL BOOKEY 'd Y h 5 Zii I;' sk'ti#7 19 rt (k N it { MARQUIS MOLLOY BOYLE AUGUST 3, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: Information Items Article -- Anchorage Waters Hit ADMINISTRATION By Illegal Kenai Salmon Dumping CONSENT AGENDA None. r., City of Kenai Comprehensive Plan Update Public Outreach and Participation Plan Kenai 2011 July 18, 2011 (draft) Prepared by Glenn Gray & Associates and Bechtol Planning and Development 1 Im . ' a e Kenai 2030 City of Kenai Comprehensive Plan Revision Public Outreach and Participation Plan Table of Contents 1.0 Introduction 1 2.0 Boards and Commissions 1 3.0 Planning Commission Meetings 1 4.0 Public Meetings 1 5.0 Agency Outreach 2 6.0 Business Leaders Meeting 2 7.0 Native Community 2 8.0 Other Public Participation Techniques 2 8.1 Surveys 2 8.2 Pacebook Page 3 8.3 City Website 3 8.4 Newsletters 3 8.5 School Outreach 3 Your City — Your Plan 2 2 IJI : t:;e Kenai 2030 City of Kenai Comprehensive Plan Revision Public Outreach and Participation Plan July 18, 2011 (Draft) Prepared by Glenn Gray & Associates and Bechtol Planning and Development 1.0 Introduction This plan describes efforts for public participation and outreach for the City of Kenai Comprehensive Plan revision. The plan is intended to be a living document that will be updated periodically to take advantage of unexpected opportunities. As well as a planning document, it will also document public outreach efforts that have already been accomplished. 2.0 Boards and Commissions Involvement of City boards and commissions in the plan revision process provides an important link to the public. Boards and commissions involve community residents in City affairs on an ongoing basis. Department heads, board and commission members and the consultants met on the evening of April 20, 2011. Using a group process, the meeting participants prioritized actions the boards and commissions can take to fulfill the City's mission. The consultants prepared a meeting summary that identified all of the ideas generated during this meeting. 3.0 Planning Commission Meetings Preparation of the Comprehensive Plan is one of the most important functions of the Planning and Zoning Commission. • April 13, 2011 — Briefing on the plan update. • June 8, 2011 — Workshop on land use classification • June 22, 2011 — Workshop on and use classification • July 13, 2011 — Workshop on land use classification • July 27, 2011 — Review of Public Outreach and Participation Plan 4.0 Public Meetings The City sponsored a public meeting at the Senior Center on April 23, 2011. After a short presentation about comprehensive planning, a visioning exercise resulted in a list of what the participants want the community to look like in 2021. The ideas were grouped under three topics: Land use, infrastructure and quality of life. During the April 23 public meeting, participants broke into 9 different groups of approximately 6 people in each group. The groups brainstormed ideas and prioritized the top three actions related to two key questions. The first question asked "What policies, initiatives and actions should be pursued over the next decade to improve and ensure a high quality of life for residents of the City of Kenai?" and the second question asked "What revisions to the land use Your City — Your Plan 1 3 map are needed to ensure there is adequate land available for all uses; including, but not limited to commercial, residential, industrial and open space?" A meeting summary lists the top priorities, and the attachment to the summary lists all of the ideas generated during the meeting. A second public meeting will be held to discuss goals and objectives to be included in the revised Comprehensive plan. 5.0 Agency Outreach The consultants and planning staff will inform appropriate state and federal agencies throughout the planning process. Meetings will be set up with the Kenai River Center, the Kenai Peninsula Borough Planning Department, the Mental Health Trust, U.S. Department of Housing and Urban Development, and other agencies as identified. 6.0 Business Leaders Meeting A meeting with community business leaders, held on June 8, 2011, involved a similar group process that was used for the other meetings. The business leaders developed a prioritized list of actions in response to the key question: "What policies, initiatives and actions should the City of Kenai pursue over the next decade to sustain existing businesses and to create new business opportunities ?" The meeting summary is posted on the City of Kenai webpage. A second meeting with business leaders will be scheduled to discuss goals and objectives that will be included in the plan revision. 7.0 Native Community The Planning Director and consultant met with representatives of local Native organizations to brief them about the Comprehensive Plan revision and to discuss the possibility of a meeting will all members of the tribes and the local corporations. ® July 12, 201 — Meeting with Penny Carty of the Salamatof Native Association • July 12, 2011 — Meeting with Sasha Lindgren, Kenaitze Indian Tribe • July 14, 2011 — Meeting with the Board of Salamatof Native Association • September 15, 2011 — Meeting with Kenaitze Indian Tribe Board (scheduled) 8.0 Other Public Participation Techniques In addition to public meetings, a number of other public participation techniques will be used throughout the plan revision process. 8.1 Surveys Two types of surveys will be used for the plan revision. First, a web -based survey will be developed with hard copies distributed at the City Library and City Offices. Respondents may complete this survey online or fill out a hard copy of the survey which will be available at the City library. Second, a telephone opinion poll will be conducted by a polling firm, Your City — Your Plan 2 4 8.2 Facebook Page The City's Facebook page will be updated to include information about the plan revision. http: / /www.facebook. com /home. php ?ref =h psk ip #! /pages /C ity -of- Kenai/ 152773594736219 8.3 City Website The City's Website includes a link to current plan revision documents: http: / /www.ci.kenai .ak.us /Comp_Plan_Update.pdf. In addition, the website includes a link to a public comment form: http: / /www.ci. kenai. ak .us /Comp_Plan_Comment_Form.pdf 8.4 newsletters The consultants will prepare newsletters in cooperation with City planning staff. These newsletters will be issued on a quarterly basis or more often if needed. The first newsletter is scheduled for September 2011. 8.5 School Outreach The consultants will contact the Kenai Central High School to discuss how to involve the school in the plan revision. Initially, the government teacher will be contacted. Involvement may include presentations to classes. Your City — Your Plan 3 5 the r.% n/ KENAI, 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 Community 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 C Approved by Finance: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined pELETFD TEXT BRACKETED] 6 the a( KEN Avis "Vil(aye with a Past, Git 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 24,0 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 he used to cover the payment to the library consultant and should be deposited in account 001- 440 - 4531. 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 99501 907,269,6566 Presenv ' the pot State "Ms* '.11i1VLiA, & MUSEUMS 8 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: PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined; [DELETED TEXT BRACKETED 9 the czyuf KE At ALASKA liViilage with a Past, C y with a Future WI* 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch FROM: Mary Jo Joiner 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 $6,500 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 $6,500. 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 gram. Once we have your agreement and budget revision, we will start mailing out grant 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 he submitted with your grant agreement. • As you fill out the budget revision form, please remember that the library MUST spend at least 53,500 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. TD) 11 ies 00 recyaed ?a oe 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 I, 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 Iibrary 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 FY2912 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 the at: Patience.Frederiksennalaska.gov Thank you. Sincerely, kte Patience Frederiksen Grants Administrator 12 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2571 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S480.00 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 Estimated Revenues: Forfeiture $480.00 Increase Appropriations: Police - Operating and Repair Supplies $480.00 PASSED BY THE COUNCIh OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 71-44_,-- PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 2011 New Text Underlined. [DELETED TEXT BRACKETED] 13 the cityuf KENAI, ALASKA rl1014MOs 'Village with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 FAX: 907- 283 -3014 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 7 /11 /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 $480 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. 11111! 1992 14 tMc ay Uf KENAI ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2572 -2011 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 Increase Appropriations: Construction $1,000,000 $1,000,000 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 13RACK ETEDj 15 • cih of KEN v SKA 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 pELETED TEXT BRACKETEDI 16 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! 17 the dy of RE AL LASKA 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 Kenai River and its native salmon are vital to the City of Kenai and it's residents; and, 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 554,707 Miscellaneous Income - In -kind 17,845 $72,552 Increase Appropriations: Professional Services $72,552 New Text Underlined [DELETED TEXT BRACKETEDI 18 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: Lorene Hall, Deputy City Clerk Approved by Finance: (i-� -- — PAT PORTER, MAYOR Introduced: July 20, 2011 Adopted: August 3, 2011 Effective: August 3, 201. ] New Text Underlined' [DELETED TEXT BRACKETED) 19 ,y KENAI ALASKA U Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO IDENTIFY FEES IN CONSIDERATION OF APPLICATIONS FOR AMENDMENTS TO THE KENAI ZONING CODE OR OFFICIAL ZONING MAP OR CONSIDERATION OF APPLICATIONS FOR VARIANCE, CONDITIONAL USE OR ENCROACHMENT PERMITS. WHEREAS, Resolution 2011-20 established the City's Comprehensive Schedule of Rates, Charges and Fees; and, WHEREAS, Ordinance 2565 -2011 clarified what rates, charges and fees shall be charged for applications for amendment to the Kenai Zoning Code or Official Zoning Map, consideration of applications for variance, consideration of applications for conditional use or applications for encroachment permits; and, WHEREAS, as a result of Ordinance 2565 -2011 the City's Comprehensive Schedule of Rates, Charges and Fees must be updated and the effective date should coincide with the effective date of Ordinance 2565-2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Planning and Zoning Commission" and "Kenai Zoning Code" sections to: [PLANNING AND ZONING COMMISSION [ 14.05.020 14.05.020 KENAI ZONING CODE 14.20.150(b1(61 14.20.151 14.20. 180(b) (1) (C) 14.20.180(d) 14.20.185(cl 14.20.240 14.20.270(b) (4) 14.20.290(b)(6) VARIANCE OR CONDITIONAL USE PERMIT APPLICATION FEE CODE AMENDMENT APPLICATION FEE Conditional Use Permit Fee Surface Extraction. Conditional Use Permit Application Fee Variance Permit [APPLICATION ADVERTISING] Non - refundable Deposit /Advertising Fee Variance Permit Application Public Hearing Notice Fee Encroachment Application Fee Mobile Horne Building Permit Zoning Amendment Request Non- refundable Deposit/ Advertising Fee Board of Adjustment Appeal filing and records preparation Fee 100.00 $100.00) $125.00 $125.00 $ 125.00 $[125.00)0.00 $125.00 S 100.00 $125.00 100.00 New Tex; Underllineg; DELETED TEXT BRACKETED] 20 Resolution No. 201 1 -62 Page 2 of 2 BE IT FURTHER RESOLVED, this resolution shall be effective August 6, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of August, 2011. ATTEST: Lorene Hall, Deputy City Clerk Approved by Finance: 7 PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 21 VU/age with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllll 1992 MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: July 27, 2011 SUBJECT: Resolution 2011 -62 Updating Schedule of Rates, Charges and Fees - Title 14 Council adopted Ordinance No. 2565 -2011 on July 6th. This ordinance amended Title 14 to remove specific dollar amounts and instead references fees as set forth in a City Fee Schedule. As result of this amendment, the City's fee schedule must be updated, Resolution 2011 -62 updates the fee schedule. Title 14 includes references to advertising /public hearing fees and application fees. The fee schedule sets one fee to accomplish both these actions. The City has never collected two fees to process permits and the fees proposed in the updated Schedule of Rates, Charges, and Fees reflects this practice. 22 MINUTES KENAI CITY COUNCIL - REGULAR MEETING JULY 20,2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. 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, Robert Molloy, Terry- Bookey, Ryan Marquis, comprising a quorum of the Council. A -3. Agenda Approval The following changes were requested: ADD TO: Information Items Invitation -- Rural Alaska Community Action Program MOTION: Council Member Molloy MOVED to approve the agenda as amended with the additions to the packet as requested and requested UNANIMOUS CONSENT. 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. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS 23 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 2 B -1. Lawrence N. Hoyez -- Concerns Regarding Water /Sewer Costs to Low Income Senior Citizens Mr. Hoyez was not present for the meeting. ITEM C: UNSCHEDULED PUBLIC COMMENTS Courtney Stroh, 35633 Baranof Street, Renal -- reported on her "ROC the Kenai" project of cleaning the beaches during the personal use fishery, including information gathering, providing brochures to the public, and wanting to remain active in the process. Council Member Molloy thanked Stroh for her presentation, her work on the beach and the cards she sent to Council Members. Council Member Bookey echoed Molloy's comments. Council Member Marquis thanked Stroh for working during her summer break. Mayor Porter requested a copy of the letter to send to Representatives and the names and addresses of Stroh's team in order to mail them each thank you cards. ITEM D: PUBLIC HEARINGS D -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." MOTION: Council Member Marquis MOVED to enact Ordinance No. 2560 -2011 and Council Member Bookey SECONDED the motion. Porter opened the floor to public comment. There being no one wishing to speak, the public hearing was closed. D -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." MOTION: Council Member Bookey MOVED to amend Ordinance No. 2560 -2011 by SUBSTITUTION. Council Member Marquis SECONDED the motion. 24 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 3 Porter opened the floor to public comment. There being no one wishing to speak, the public hearing was closed, Council Member comments included concern with the substitute, the possible exclusion of motor cycles from the ordinance, and problems with enforcement. Council Member Bookey reviewed the work of the Planning and Zoning Commission on the ordinance at their July 13, 2011 meeting VOTE ON AMENDMENT: Council Members Voting YES: Porter Council Members Voting NO: Bookey, Marquis, Molloy MOTION FAILED. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2560 -2011 to the August 17, 2011 meeting at the request of Council Member Boyle. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: Council Members Voting YES: Bookey, Marquis, Molloy Council Members Voting NO: Porter MOTION PASSED. BREAK: 7:17 P.M. BACK TO ORDER: 7:20 P.M. D -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. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2011 -56 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. 13-3. 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, 25 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 4 MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -57 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. 0-4. 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. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -58 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment, VOTE: There were no objections. SO ORDERED. D -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. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -59 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. D -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. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -60 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. 26 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 5 D -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. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -61 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 6, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. Introduced by approval of the Consent Agenda. 27 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 6 G -4. *Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant Introduced by approval of the Consent Agenda. G -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. Introduced by approval of the Consent Agenda. G -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. Introduced by approval of the Consent Agenda. G -7. *Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Depai l vents 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. Introduced by approval of the Consent Agenda. 0-8. *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. Introduced by approval of the Consent Agenda. G -9. Action /Approval -- Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC. MOTION: Council Member Marquis MOVED to approve the Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -10. Action /Approval -- 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 28 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 7 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'. Section 32, T6N, R11W, and the Northwest 'A 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, 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. MOTION: Council Member Marquis MOVED to approve the Vacation and requested UNANIMOUS CONSENT. Council member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -11. Discussion -- Schedule Work Session to review City Clerk Applications. General discussion occurred. A Work Session was scheduled for Friday, August 12, 2011 at 6:00 p.m. in Council Chambers. It was requested that Consultant Linda Murphy attend the meeting to record and take notes, as Deputy City Clerk could not attend. G -12. Discussion -- Web Streaming of Planning and Zoning Commission Meetings, Work Session, and other Events. General discussion occurred. The timeline for the roll out was reviewed. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging -- The July meeting was cancelled. 11-2. Airport Commission -- Council Member Marquis reviewed the meeting of July 14, 2011 and noted the next meeting would be August 11, 2011. H -3. Harbor Commission -- Council Member Molloy noted the meeting summary was in the packet. H -4. Library Commission -- Council Member Marquis reported on the Grand Re- opening and the next meeting would be August 2, 2011. H -S. Parks & Recreation Commission -- Parks and Recreation Director Frates reported the next meeting would be August 4, 2011. 11-6. Planning & Zoning Commission -- Council Member Bookey reviewed the work session both before and after the July 13 meeting, reviewed the minutes of the 29 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 8 meeting which were included in the packet, and noted the next meeting would also include a work session both before and after the meeting. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- No Report. H- 7- b.Alaska Municipal League Report -- No Report. H -7 -c. Mini -Grant Steering Committee -- No Report. 13- 7- d.Kenai Convention & Visitors Bureau -- No Report. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- No Report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported on attending the Grand Re- opening of the Kenai Community Library, and noted Water /Sewer Foreman Dan Young would be recognized at the August 17, 2011 meeting. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the playground design was being developed; recognized Assemblyperson Hal Smalley for his work on helping the City purchase borough land for a reduced fee of $2.00; and, noted the personal use fishery had a high impact on all departments within the City. Mayor Porter requested information on beatification monies from the State fo Beaver Loop project be brought to the next meeting. J -2. Attorney -- City Attorney Stearns reported she would be unavailable for the August 3, 2011 meeting as she would be attending the American Bar Association conference. J -3. City Clerk -- Deputy City Clerk Hall thanked everyone for their help during the transition within her office, and noted she would be taking a few days off for her son`s wedding. Council requested Linda Murphy cover the office in her absence. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None. K -2. Council Member Comments Bookey thanked Ms. Stroh for her work on the beach and her presentation and noted he had attended the Library Grand Re- opening. 30 KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 9 Marquis defended dip netters and noted the increased business within the City during the personal use fishery. Molloy gave his appreciation for the comments of the other council members and wished commercial, sport and personal use fishers good luck during the current season. EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:04 p.m. Minutes submitted by: Corene Hall, CMC, Deputy City Clerk 31 PAYMENTS QVER $15000M@ WHICH NEED COUNCIL RATPFICATION COUNCIL MEETING OF: AUGUST 3'2o11 VENDOR DESCRIPTION ACCOUNT AMOUNT PERS JULY PERS VARIOUS LIABILITY 170'272,11 |C0A4O1PLAN |CMA401PLAN VARIOUS LIABILITY 12.102 18 |CMA457PLAN |Ch\84h7 PLAN VARIOUS LIABILITY 2428471 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 101.414.65 INVESTMENTS -- - -- � - -~� VENDOR MATURITY -------- -~r` DATE_ --�'---�~ .-,~,^_-_-_� Effect. RBC CAPITAL MARKETS US GOV'T SECURITY 7/26/2013 2,000,000 00 0.45% MC cy of K AI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2575 -2011 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 22.05.135, ACQUISITION OF REAL PROPERTY, TO ALLOW THE CITY TO PURCHASE REAL PROPERTY WITHOUT AN INDEPENDENT APPRAISAL UPON A BEST INTERESTS FINDING OF' THE COUNCIL. WHEREAS, the Kenai Municipal Code requires that the City may not purchase real property until the City obtains an appraisal of the full and true value of the property from a qualified appraiser; and, WHEREAS, there are a variety of circumstances where the information from an appraisal would have little discernable benefit to the City and would not serve to protect the City's finances, such as where the cost to purchase the property is fax below its assessed value (as is often the case in government -to- government transactions). 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 22.05.135 of the Kenai Municipal Code: The Kenai Municipal Code, Section 22.05.135, Acquisition of real property, is hereby amended as follows: 22.05.135 Acquisition of real property. (a) The City, by authorization of the City Council, expressed in a resolution for such purpose, may lease, purchase or a.cquire an interest in real property needed for a public use on such terms and conditions as the council shall determine_[, but nj No purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof[•] unless the council upon resolution so finding deteiniines that the public interest will not be served by an appraisal. (b) Because of the unique value of real property, the City need not acquire or lease real property by competitive bidding. (c) Rights -of -way and easements may be accepted or issued by the City Manager after approval by the City Council for utility lines and services of all types and for necessary rights -of -way easements. New Text Underlhsed• [DELETED TEXT BRACKETED 33 Ordinance No. 2575 -2011 Page 2 of 2 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 confused 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(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventeenth day of August, 20] 1. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: August 3, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 New Text Underlined [DELETED TEXT BRACKETED] 34 , thedryoj KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2576 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 13.40, "OFF -ROAD OPERATIONS OF MOTOR VEHICLES," TO CLARIFY THAT PERSONS WITH MOBILITY DISABILITIES MAY OPERATE WHEELCHAIRS AND OTHER MOBILITY DEVICES IN AREAS OTHERWISE RESTRICTED TO BICYCLES AND PEDESTRIANS AND TO PERMIT THE USE OF ELECTRIC PERSONAL MOTOR VEHICLES IN SIMILAR AREAS. WHEREAS, the Kenai Municipal Code regulates the use of off -road vehicles in the City of Kenai, including on sidewalks, hike paths, and playgrounds, but the Code does not address the operation of wheelchairs and other devices by persons with mobility disabilities, which devices are typically permitted to operate in those same areas although they often meet the City's definition of an "off -road motor vehicle"; and, WHEREAS, other electric personal motor vehicle devices (such as Segways) may be safely operated in areas designated for bicycle and pedestrian use but these devices are not currently permitted to be used in those areas; and, WHEREAS, the City's Department of Public Safety recommends adoption of amendments to the City Code to better reflect that persons with mobility disabilities may utilize wheelchairs and other mobility devices in certain areas of the City and to allovtw the use of electric personal motor vehicles in areas designated for bicycles or pedestrians. 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 13.40.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.010, Definitions, is hereby amended as follows: 13.40.010 Definitions. fa) "Electric personal motor vehicle" means an electric personal assistive mobility device that is a self - balancing vehicle with two nontandem wheels, designed to transport only one person. has an electronic propulsion system, and has a maximum speed of not more than 15 miles an hour. (h) "O[AN O]ff -road motor vehicle" means [IS:(A) A]any motor vehicle not authorized for operation on a public roadway according to State law or regulation[.] or [(B) A]any motorized vehicle that is being operated off of the maintained streets and roadways. 35 Ordinance No. 2576 -2011 Page 2 of 3 (c) "Wheelchair" means a manually operated or power- driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Section 3. Amendment of Section 13.40.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.020, Off -road vehicle operation, is hereby amended as follows: 13.40.020 Off -road vehicle operation. It shall be unlawful for any person to operate an off -road vehicle in the City of Kenai: (a) On public or private property without the express or implied consent of the owner, his authorized agent, or representative. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground[S] areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this Chapter, Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. Notwithstanding, and subject to the other provisions of this Chapter, a person may operate a wheelchair or an electric personal motor vehicle on sidewalks and on paths or trails designated for bicycles or pedestrians. on a City - maintained roadway for the purpose of crossing the road, and on the far right-hand edge of a City - maintained roadway for general movement where there is an absence of a sidewalk or pedestrian /bicycle path. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (d) On any City or State road right -of -way that has been landscaped, seeded, or otherwise improved. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. (f) In such a manner as to cause damage to improved property or destruction to the terrain. (g) The court may offer a defendant convicted of a violation of this section the option of performing community work in lieu of a fine or a portion of the fine if the court finds the defendant is unable to pay the fine. The hourly value of community work in lieu of fine is to be the Alaska minimum wage. 36 Ordinance No. 2576 -2011 Page 3 of 3 (h) The court may order a defendant convicted of a violation of this section to make restitution to the victim or other person injured by the offense, Prior to ordering any such restitution, the court must make an inquiry into the amount of restitution the defendant could reasonably be expected to pay. A defendant is presumed to have the ability to pay restitution unless the defendant establishes the inability to pay by a preponderance of the evidence. An order of restitution under this section does not limit any civil liability of the defendant arising out of the defendant's conduct. (i) For purposes of this section, the term "person" includes the State of Alaska or a political subdivision thereof in addition to the meaning set forth in KMC 10.05.030. U) Not withstanding the provisions of this section, the City or state, or their agents, may operate machinery or off -road vehicles in otherwise prohibited areas for public safety, maintenance, repair, cleaning and upkeep. Section 4. 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 5. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17Wh day of August, 2011 Ai PEST: Corene Hall, Deputy City Clerk 37 PAT PORTER, MAYOR Introduced: August 3, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 Village with a Past, Ci with a Future" 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/$-5— DATE: 7/26/11 SUBJECT: Consideration of ordinance amending KMC title 13 to accommodate the use of electric personal motor vehicles and power- driven wheelchairs on bike paths, sidewalks, and roadways, In the spring of 2011, a local man contacted the Kenai Police Department inquiring about the legality of operating Segways on bike paths and other areas in Kenai. Segways are a particular brand of electric personal motor vehicles, which have two non - tandem wheels, and a vertical pole with hand grips. The man was interested in starting a Segway tour business as early as 2012. The Police administration researched the issue and found the following: 1. Alaska Statutes have laws that specifically allow for the operation of "electric personal motor vehicles ", such as Segways, on sidewalks, bike paths, or vehicular ways or areas. 2. The current KMC Off -Road Vehicle laws do not allow for the operation of "electric personal motor vehicles.° such as Segways, on a bike path, sidewalk, or vehicular area In the City of Kenai. We have further found that the current Kenai Municipal Code does not specifically allow for the operation of a power - driven wheelchair on City sidewalks, bike paths, or vehicular areas. Despite the shortcoming in the Code, the Police Department does not impede or prohibit the movement of anyone operating a power- driven wheelchair on City sidewalks, bike paths or roadways. As the City Council considers amending KMG Title 13 to allow for the operation of electric personal motor vehicles, they might also consider that certain disabled individuals might choose these devices as a reasonable alternative to a power- driven wheelchair. I researched the speeds and dimensions of the Segway brand of electric personal motor vehicles. A common maximum speed for these devices is 12.5 mph. A common "footprint" for these devices is 19" x 25 ", and some have a foot print that is 21" by 33". 38 Lard `�flP i55T The attached proposed amendment to KMC 13,40.020 includes added definitions for 'electric personal motor vehicle" and 'wheelchair." This proposed arriendment which is presented for your consideration, has been reviewed by City Attorney, Krista Stearns. 39 July 21, 2011 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 RE: KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldatna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX (907) 714 -2378 Toll -free within the Borough: 1 -800 -478 -4441, at 2200 www. borouq h. kenai.ak. us RECEIVED JUL 2 5 2011 KENAI CITY CLERK DAVID CAREY BOROUGH MAYOR Vacate Upland Way, a 15.8 foot wide public right -of -way adjacent to and dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and vacate Overland Way, a public right -of -way of varying widths adjacent to and dividing Lots 3, 9, and 21 from Lots 4, 8, 19 and 20 Block 5, dedicated by Townsite of Kenai U. S. Survey 2970A; and vacate the associated utility easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -079; Location: City of Kenai 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 July 18, 2011. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 5. Lots fronting the rights -of -way proposed to be vacated that are not owned by the petitioner front alternate paved rights -of -way. 6. The proposed vacations are within the City of Kenai. 7. Kenai Planning and Zoning Commission granted conditional approval of the proposed vacations on May 25, 2011. 8. Development or the property must comply with the requirements of the zoning district, 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. Per the submittal, the owner will work the utility companies to provide easements or to relocate the existing utility line(s). 12. The Borough Plat Committee granted conditional approval to the preliminary plat that will accomplish the proposed vacations on June 27, 2011. This petition is being sent to you for your consideration and action. The City Council has 30 days from July 18, 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. MJB:pdh Attachments Sincerely, E Max J. Best Planning Director 40 July 21, 2011 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 s FAX: (907) 714 -2378 Toll -free within the Bomugh: 1- 800 -478 -4441, Ext 2200 www. borouq h. kena i. ak. us DAVID CAREY BOROUGH MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF JULY 18, 2011 RE: Vacate Upland Way, a 15.8 foot wide public right -of -way adjacent to and dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and vacate Overland Way, a public right -of -way of varying widths adjacent to and dividing Lots 3, 9, and 21 from Lots 4, 8, 19 and 20 Block 5, dedicated by Townsite of Kenai U. S. Survey 2970A; and vacate the associated utility easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -079; Location: City of Kenai The Kenai Peninsula Borough Planning Commission approved the proposed vacations based on the following findings during their regularly scheduled meeting of July 18, 2011. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 5. Lots fronting the rights -of -way proposed to be vacated that are not owned by the petitioner front alternate paved rights -of -way. 6. The proposed vacations are within the City of Kenai. 7. Kenai Planning and Zoning Commission granted conditional approval of the proposed vacations on May 25, 2011. 8. Development on the property must comply with the requirements of the zoning district. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. Per the submittal, the owner will work the utility companies to provide easements or to relocate the existing utility line(s). 12. The Borough Plat Committee granted conditional approval to the preliminary plat that will accomplish the proposed vacations on June 27, 2011. 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 July 18, 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 July 21, 2011 to: 41 Integrity Surveys 43335 K -Beach Rd. #10 Soldotna, AK 99669 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 City of Kenai 210 Fidalgo Street Kenai, AK 9961 1 -779 4 Kenaitze Indian Tribe PO Box 988 Kenai, AK 99611 -0988 42 AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate Upland Way, a 15.8 foot wide public right -of -way adjacent to and dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and vacate Overland Way, a public right-of-way of varying widths adjacent to and dividing Lots 3, 9, and 21 from Lots 4, 8, 19 and 20 Block 5, dedicated by Townsite of Kenai U. S. Survey 2970A; and vacate the associated utility easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -079; Location: City of Kenai Staff Report given by Max Best PC Meeting: 7/18/11 Purpose as stated in petition: By vacating these two alleyways and combining the parcels it will allow the owner to use the large parcel for constructing a medical facility with parking. The owner will work the utility companies to provide easements or to relocate the existing utility line. Petitioner: Jaylene Peterson -Nyren on behalf of Kenaitze Indian Tribe of Kenai, Alaska Notification: Public notice appeared in the July 7 and July 14, 2011 issues of the Peninsula Clarion. Thirty (30) certified mailings were sent to owners of property within 300 feet of the parcels. Twenty-six (26) receipts have been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Five (5) 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 ENSTAR: Objects to the proposed alley way vacations as shown on the preliminary plat ENSTAR operates and maintains natural gas distribution pipelines within the alley ways proposed to be vacated. ENSTAR will withdraw its objection provided ENSTAR is granted a 15 -foot wide natural gas easement centered on the existing natural gas distribution pipelines or if the owner /developer executes a relocation agreement with ENSTAR. Kenai Planning and Zoning Commission conditionally approved the preliminary plat that will accomplish the proposed vacations on May 25, 2011. Staff discussion The Borough Plat Committee granted conditional approval to the preliminary plat (Townsite of Kenai Kenaitze Addition Subdivision) on June 27, 2011. Findings: 1. Sufficient rights-of-way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right-of-way proposed for vacation is in use for access. 4. The preliminary plat that will accomplish the proposed vacations does not create any interior lots. 5. Lots fronting the rights -of -way proposed to be vacated that are not owned by the petitioner front alternate paved rights -of -way. 6. The proposed vacations are within the City of Kenai. 7. Kenai Planning and Zoning Commission granted conditional approval of the proposed vacations on May 25, 2011, 8. Development on the property must comply with the requirements of the zoning district, 9. ENSTAR submitted a letter of objection based on existing facilities being within alley ways proposed KENAI PENINSULA BOROUGH PLANNING COMMISSION JULY 18, 2011 MEETING MINUTES PAGE 10 UNAPPROVED MINUTES 43 to be vacated with the objection to be removed if a the existing natural gas distribution pipelines or agreement with ENSTAR. 10. All subdivision plats finalizing vacations are sent requirements. 11. Per the submittal, the owner will work the utility companies to provide easements or to relocate the existing utility line(s). 12. The Borough Plat Committee granted conditional approval to the preliminary plat that will accomplish the proposed vacations on June 27, 2011. STAFF RECOMMENDATION: Based on Findings 1, 2, 5 -8, and 10 -12, staff recommends approval of the vacations as petitioned, subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. 2. Provide utility easements as required by the utility providers. 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]. 15 -foot wide natural gas easement centered on if the owner /developer executes a relocation to utility companies for review and easement END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. 1. Scott Huff, Integrity Surveys Mr. Huff is the surveyor for this project and stated that the proposal is to combine all the lots into one parcel. He believed the plan was to have a medical facility constructed. The owners have been working with Enstar to either provide an easement or to have the lines rerouted. Chairman Bryson asked if there were questions for Mr. Huff. Commissioner Ruffner asked if this proposal had been presented that the Kenai City Council. Mr. Huff replied no, not yet. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission. MAIN MOTION: Commissioner Carluccio moved, seconded by Commissioner Martin to cite the 12 findings and grant approval of the Upland Way vacation based on Findings 1 -2, 5 -8, and 10 -12. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 5. Lots fronting the rights -of -way proposed to be vacated that are not owned by the petitioner front alternate paved rights -of -way. 6. The proposed vacations are within the City of Kenai. 7. Kenai Planning and Zoning Commission granted conditional approval of the proposed vacations on May 25, 2011. 8. Development on the property must comply with the requirements of the zoning district. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement KENAI PENINSULA BOROUGH PLANNING COMMISSION JULY 18, 2011 MEETING MINUTES PAGE 11 UNAPPROVED MiNU TES 44 requirements. 11. Per the submittal, the owner will work the utility companies to provide easements or to relocate the existing utility line(s). 12. The Borough Plat Committee granted conditional approval to the preliminary plat that will accomplish the proposed vacations on June 27, 2011. Commissioner Tauriainen asked if the utility easement vacation was included in the motion. Commissioner Carluccio believed that it was included in staff recommendations and conditions. Commissioner Collins asked if the vacation of Overland Way was included in the motion. AMENDMENT MOTION: Commissioner Carluccio moved, seconded by Commissioner Holsten amended the motion to grant approval of the Overland Way vacation with the vacation of the associated utility easements per staff recommendations and conditions. AMENDMENT VOTE: The motion passed by unanimous consent. BRYSON YES CARLUCCIO YES COLLINS YES ECKLUND YES FOSTER ABSENT GROSS ABSENT HOLSTEN YES (SHAM YES LOCKWOOD ABSENT MARTIN YES PARKER ABSENT RUFFNER YES TAURIAINEN YES 9 YES 4ABSENT MAIN MOTION VOTE: The motion as amended passed by unanimous consent. BRYSON YES CARLUCCIO YES COLLINS YES ECKLUND YES FOSTER ABSENT GROSS ABSENT HOLSTEN YES (SHAM YES LOCKWOOD ABSENT MARTIN YES PARKER ABSENT RUFFNER YES TAURIAINEN ] 9 YES YES 4ABSENT AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate the north 6 -feet of the 30 -foot right -of -way (60 -foot total width) of Merrywood Avenue along the south boundary of Lot 6 Block 3, dedicated by Poppy Woods Subdivision (Plat KN 83 -215), within Section 34, Township 5 North, Range 11 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough; KPB File 2011 -082; Location: On Merrywood Avenue, Soldotna area Staff Report given by Max Best PC Meeting: 7/18/11 Purpose as stated in petition: Petitioner wishes to vacate a portion of Merrywood Avenue then grant it back as an easement to the Borough to become compliant with the subdivision covenants. Petitioner: Kenneth Brubaker of Kenai, Alaska Notification: Public notice appeared in the July 7 and July 14, 2011 issues of the Peninsula Clarion. Eighteen (18) certified mailings were sent to owners of property within 300 feet of the parcels. Eleven (11) receipts have been returned. One notice was returned due to a bad address Fifteen (15) regular mailings were sent to agencies and interested parties. Five (5) notices were sent to KPB Departments. Notices were mailed to the Soldotna Post Office and Soldotna Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments ENSTAR: No comments, recommendations, or objections. KENAI PENINSULA BOROUGH PLANNING COMMISSION JULY 10, 2011 MEETING MINUTES PAGE 12 UNAPPROVED M NUT 45 The petition must be sighed (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. C.-- Submitted by: Signature L As: []Petitioner ZRepresentative Name Scott Huff (Integrity Survey Address 43335 K -Beach Rd Suite 10 Soldotna, AK 99669 Phone 262 -5573 Petitioners: Signature Name, Address Owner of Signature Name Address Owner of 47 -ii - P.O. :ox 988 Pe nai AK 99611 Signature _enNmme Address Original TC1wns1 ',-e Kenai /Kenaitze 46 Owner of Signature Name Address Owner of AGENDA ITEM F. PUBLIC HEARINGS 2. Vacate Upland Way, a 15.8 foot wide public right -of -way adjacent to and dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and vacate Overland Way, a public right -of -way of varying widths adjacent to and dividing Lots 3, 9, and 21 from Lots 4, 8, 19 and 20 Block 5, dedicated by Townsite of Kenai U. S, Survey 2970A; and vacate the associated utility easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -079; Location: City of Kenai STAFF REPORT PC Meeting: 7/18/11 Purpose as stated in petition: By vacating these two alleyways and combining the parcels it will allow the owner to use the large parcel for constructing a medical facility with parking. The owner will work the utility companies to provide easements or to relocate the existing utility line. Petitioner. Jaylene Peterson -Nyren on behalf of Kenaitze Indian Tribe of Kenai, Alaska Notification: Public notice appeared in the July 7 and July 14, 2011 issues of the Peninsula Clarion. Thirty (30) certified mailings were sent to owners of property within 300 feet of the parcels. Twenty-six (26) receipts have been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Five (5) 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 ENSTAR: Objects to the proposed alley way vacations as shown on the preliminary plat. ENSTAR operates and maintains natural gas distribution pipelines within the alleyways proposed to be vacated. ENSTAR will withdraw its objection provided ENSTAR is granted a 15 -foot wide natural gas easement centered on the . existing natural gas distribution pipelines or if the owner /developer executes a relocation agreement with ENSTAR. Kenai Planning and Zoning Commission conditionally approved the preliminary plat that will accomplish the proposed vacations on May 25, 2011. Staff discussion The Borough Plat Committee granted conditional approval to the preliminary plat (Townsite of Kenai Kenaitze Addition Subdivision) on June 27, 2011. Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right -of -way proposed for vacation is in use for access. 4. The preliminary plat that will accomplish the proposed vacations does not create any interior lots. 5. Lots fronting the rights -of -way proposed to be vacated that are not owned by the petitioner front alternate paved rights -of -way. 6. The proposed vacations are within the City of Kenai. 7, Kenai Planning and Zoning Commission granted conditional approval of the proposed vacations on May 25, 2011. 8. Development on the property must comply with the requirements of the zoning district. 9. ENSTAR submitted a letter of objection based on existing facilities being within alley ways proposed 47 29 to be vacated with the objection to be removed if a the existing natural gas distribution pipelines or agreement with ENSTAR. 10. All subdivision plats finalizing vacations are sent requirements. Per the submittal, the owner will work the utility companies to provide easements or to relocate the existing utility line(s). 12. The Borough Plat Committee granted conditional approval to the preliminary plat thatwill accomplish the proposed vacations on June 27, 2011. STAFF RECOMMENDATION: Based on Findings 1, 2, 5 -8, and 10 -12, staff recommends approval of the vacations as petitioned, subject to: 1, Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. 2. Provide utility easements as required by the utility providers. 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]. 15 foot wide natural gas easement centered on if the owner /developer executes a relocation to utility companies for review and easement END OF STAFF REPORT 01n 48 (YR&SMrwf Jm19.9a`l� / ®941. / fib TI I /N7 / h:nn “* ff9 - / BA. V - 4 / "re ont / cb'AIILIJATLpLCTNE9S➢fP_MM PF¢[Gni /Pl trndt �« v,m OM mm ghtemd Ave. h ff N \ ®tea ESREEIRAILVE 4VRVFYQR 2 / 17 Avff $9 \ / rarw. va • Lon RN I SEEND; w.�t4 va*el x,,;s 9® t z yr wer (99 um 2 n.w) w. ....Mee to w c,.x.....�.tn 7 07¢4( 9(9 % @ en r eawtt�.4 n T8S �°e."o.... .. ■ � ww.. 4 rm� m.. // , Aver WQ� / a,,,c /moan .mr IRSRUMNIT WD WO DATOr 2. OMR eae, -wowa- Nv dNklWY WKS EZWOYAL xatil K =wVI"F" 2x.. ?CM, E,4 Pt AIMPO cZot/ - 077) F8E TOWNSITE OF KENAI KENAITZE ADDFrION SUBDIVISION o-x0. xx- .. mq xx mm 5ry. x. """ Ryy BmuIM1 — �w..0 INTEGRITY SURVEYS, INC. mos 'DA( any, canytty2 YY ERR( MIRE 9;9 `19999,4 AYYE9 fir lit iteMetiii. rent/ toteisred dorini tie nil. 2TM t,g., Owen m,>i. two - LEGEND ea3'!inn Cerannuv.txT 111m2n, eXe wee* stoke or tai toms. Q s ten- 991 O PLAT APPROVAL ea, avbmvmlea pl ..a pied by the Fond armloads P4muhq (.morn alga .3 Fa mewling at .:em IZ rot& ' Kenai fnpnaiads sough / Q)TY 0 KENAI NISSEH saga. R $ y,ALSTOR NISAVN 01!.1393 0 a (83.94) TRACT a COOK INLET SCALE' Iv'30 GERrirroA -NON 03 OWNRRBNIP ANO 900!CATION I . barony celmy the' 1 om the owner..m tha poperty nrv,mn and deambbd hereon, and Ohs), 1 hereby adopt Ale bon M oubdivoiort and by my Mw comment dedlcNo all right of ways N pab¶a vas nod grant ee a iaamontntatn S erns snood. Cis 0 id AfasA- Vox... n*V, I0 1.; knef, An 99611 -1430 NOTAAKYli AcNNew L Subaw__lgqad and sworn gems ma Pas 55" day or lithiate 2666 AN: 9andre J. Vmar Ul :w Eapk. P-' 0 R l S( A L l 0 N S S T E A. 0 F p( - KEN A 1 - - (U.S5.247 0. ANTES(,r m In :. y � _ !Floridian Serthertt a4 Cr tertror CI IY of K +voi xenlrt9. 1 2, Ng pannemem et;e111ro,b01160 Cm.NcMd oo paced Hv+. m eaam waad bolo, bare 01141 149 abley of a utlpty to yep yre wmamant. 3. All bearing sad 01434,01,. and Sas to menamanty. are of Hoard Nam rho ' Original- Tamale ed Kenai (1950) LI Sorvay NO. 2970 p°2 - United Stotts Department of rot rotaries, Metall of bond Manngemaaf.. 4. Thin Nor 15 nil crwtting any ,wit let Chas, tfi nu Vey 1. retrirad for -e OY O N gIJ a repldt that removes lot (Ines ender KP, E. 20.16.160104. 8L0CX- 6 Las -1 5 -TMs plat Is nuklee la any osatristiorta, 40,4(0.3,04,0,44101004.01.6,3344 mad roaetvetrorta of regard. 6. EcHnorrint prar3*40lnnp 00* *3015feat M Armor N122. Shoo" to UNand 94reel, in the City of Kena4 In Food 371. Papa 283 K.R.p,AK. T. Lot 22 A wee orantad madcap, on t3 K.P.U. 20.20.220 (dovbls frontage! at the meeting of 'us. It Moto WASTEWATE WATER OISP0SAL NOTE' City wotn and Peat are available io nova the Ites, Plana for wamttwarer disposal !hot ant n9W0tiry r,30!swame Nat to flit et tat 0epar3010n1 of Eavlronme0tal Con. orv0Lian. ORIWNAL TOWNSITE OF KENAI VOZAR ADDITION Competed at 14,510 R.f. ; LOT -21 16.72131) sod LOT- 22(7,789.9.f.) Block 5, Of THE O*IGINAL TOWNSITE OF KENAI U,S SURVEY Nc.2470.Inthe REVA 5E1(1. See 6 T ,R.ititd., Sid, elided Kenai, Alaska, Kenai Recording Olstrttt, - (Amer. &weft J. Vow- Ginavnn ' •. P. a Eva *430,1Feaoi, AK 98611-1430 Survoya::Tenny T. Faddism p7828 -5 PO BOX 2881 $ideal le, AK 9I R Noa9mbat 2006, 5calml'6S0', KPano.2006 -,31 a n UMi£O STATES DFPARtunvr a )HF /NIEFIUi BUREAU OF LAND NAMOVIENT WASWN:740.4, p,4, April 4, B5l fdle plot le Odd& 444 O ne1*rc, Yt."'”'” k xevdenete wat e*7 *R el Or BWldem e777*55 attspled. bexbxmt p MI h CAA( S***,. R 1 V E R TOWNSITE OF KENAI, ALASKA U, S. SURVEY No, 2970 A ° BOUNDARIES U, 9, SURVEY No. 2970 3 — SUBDIVISION AREA: 13397 ACRES LATITUDE 6O °33' 0557, [IWO,It 5 /Er 45' S/' N„ AT 705558 8 7 14A41047C Otl'UNAnew FS oo' 7 no ,ea A 5C417 IN MT w9VE7EE 6Y 5[7777 PEAl?SO4 CAOASTRA[ EN6/v5EA, at *5 N AMY • ^r, AA° kr., rnlul _ L0AYb� n 11!OJ gA \� NN OBE! [ /.:.�•q 4• -'b d i.; -. t 9'0.04x8 u:1n i�M_ orationa of Alleyway Vacations 0 85 170 1 1 V ti 340 1 4 I 9 Vacate Upland Way and Vacate Overland Way and Vacate the associated utility easement. Date: 6123/2011 11•11111111 FIRST AVE KENAI SPUR HWy City of Kenai CHAR -CIR Upland S 11 1 Loco on of Alleyways cooK P1t ! Vacaii on Rt -■r�, I* t j vt ,litc#Oerynent9be lv of best eveibble nmwme enel Pmian vie %m,g? surnanto mrymneMM1Cy .pone. nn M". "'" 0 125 250 500' 1 111 +f 11 Vicinity Map Printed en June 8, 2011 ENSTAR Natural Gas Company A DIVISION OF SEMCO ENERGY Engineering Department Right of Way Section 401 E. International Airport Road P. O. Box 190288 Anchorage, Alaska 99519 -0288 (907) 334-7753 FAX (907) 334-7798 June 22, 2011 Paul Voeller, Platting Officer Kenai. Peninsula Borough Planning Department 144 North Binkley Street Soldotna, Alaska 99669 -7520 Grid: SK7709 Re: Conditional Letter of Non - Objection to the Townsite of Kenai Kenaitze Addition Subdivision Preliminary Plat; KPB File No. 2011 -077. Dear Mr. Voeller, Thank you for the opportunity to review the Townsite of Kenai Kenaitze Addition Subdivision Preliminary Plat. ENSTAR Natural Gas Company objects to the proposed alleyway vacations as shown on the preliminary plat. ENSTAR operates and maintains natural gas distribution pipelines within the alleyways to be vacated. ENSTAR will withdraw its objection provided ENSTAR is granted a Fifteen Feet (15 1-1) wide natural gas easement centered on the existing natural gas distribution pipelines or if the Property Owner/Developer executes a relocation agreement with ENSTAR for said facilities. A copy of the ENSTAR As -Built is attached for your review. If you have any questions, please do not hesitate to contact me at (907) 334 -7753 or andrew.fraiser@enstarnaturalgas.com. Sincerely, Andrew Fraiser Right -of -Way Agent ENSTAR Natural Gas Company cc: File Kenaitze Indian Tribe Integrity Surveys, Inc. 57 0 ° 0 5 /BPLO3 50 -, TR. D May 26, 2011 Paul Voeller, Platting Officer Kenai Peninsula Borough Planning Department 144 N. Binkley Soldotna, AK 99669 "l/c/ /aye with a Past, y 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 -19 — Townsite of Kenai — Kenaitze Addition Subdivision Dear Mr. Voeller: The Planning and Zoning Commission reviewed the above - referenced plat at their meeting on May 25, 2011, and recommended approval. City water and sewer serve this subdivision. All streets in the subdivision are dedicated and developed. This plat also vacates two alleyways. The City of Kenai supports the vacations with concurrence from other utility companies. The City requires the utility easement as shown off Upland Street for an existing water main. The water main off Overland Avenue must be abandoned and may require altemate water service to the structure located on the identified Lot 4 -A. If the water main is not abandoned, a utility easement will be required to accommodate the main. An installation agreement is not required unless the water main off Overland Avenue is not abandoned and relocated prior to recording the plat. 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. Marilyn K. Kebschull, AICP Planner, City of Kenai cc: Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, AK 99669 59 M1 KENALALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLU PION NO. PZ11 -19 SUBDIVISION PLAT..- A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE Al I ACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached pIatTOWNSITE OF KENAI KENAITZE ADDITION SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onAril 27 2011 and received from INTEGRITY SURVEYS, INC. WHEREAS, the City of Kenai Planning and Zoning Commssion finds: 1. Plat area is zoned TSH - TOWNSITE HISTORIC and therefore subject to said zone conditions. 2. Water and sewer:Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delircpency 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 encrcachments 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. Vacations must receive concurrence from other utility companies. b. Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES TOWNSITE OF ICENAI KENAITZE ADDITION SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STALED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25, 2011. 60 Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES Twait 1 YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. 4 -c. P211 -19 - Preliminary Plat - Townsite of Kenai - Kenaitze Addition - A replat of Lots 2 -12, 15, 16, 18-20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1/2,• Sec. 6, TSN, R11W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -19 with staff recommendations and Commissioner Knackstedt SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following contingencies: • Vacations must receive concurrence from other utility companies. • Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. Twait opened the meeting to public hearing, There being no one wishing to speak, the public hearing was closed. Comments included: • The intent of the plat was to eliminate property lines. • Whether there would be more right of way for sidewalks was reviewed and found not to be feasible. The tract originated with the original Townsite plat. • There would be no encroachments. • The applicant was finalizing design plans and a conditional use permit and variance application would he forthcoming. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 3 61 STAFF REPORT To: Planning & Zoning Commission Date: May 9, 2011 Res: PZ 1 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. . 262 -5573 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 Requested Action: Preliminary Subdivision Plat — Townsite of Kenai — Kenaitze Addition Subdivision Legal Description: A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1/2, Sec. 6 6, T5N, Rl 1 W, SM Street Address/KPB Parcel No: Street Address KPB Parcel No. 507 Overland Avenue 04707106 505 Overland Avenue 04707105 503 Overland Avenue 04707104 501 Overland Avenue 04707103 499 Overland Avenue 04707102 1008 Overland Way 04707115 1009 Overland Way 04707113 1007 Overland Way 04707114 1005 Overland Way 04707125 1003 Overland Way 04707124 1001 Overland Way 04707123 1008 Mission Avenue 04707110 None 04707111 1006 Mission Avenue 04707112 1004 Mission Avenue 04707119 1002 Mission Avenue 04707120 514 Upland Street 04707122 510 Upland Street 04707129 508 Upland Street 04707128 506 Upland Street 04707116 62 1119 Comments.doc Page 2 Existing Zoning: Current. Land Use: Land Use Plan: TSH — Townsite Historic Vacant/Mixed Use Mixed Use — Townsite Historic ANALYSIS This plat combines multiple lots to create three larger parcels; Lot 4A containing approximately 18,084 square feet, Tract A containing approximately 3.941 acres, and Lot 16A containing approximately 29,650 square feet. Plat also vacates Overland Way and an unnamed alleyway. A utility easement is dedicated from Upland Street along Overland Way to the corner of Lot 22 -A -1. The properties are, located in the Townsite Historic zone. The resulting parcels meet the minimum development requirements for the zone. All streets are dedicated and developed. The subdivision is served by City water and sewer. The vacation of Overland Way off Overland Avenue to the planned utility easement will require abandoning a water main and may require providing an alternate water service to the structure located on Lot 4A. An installation agreement is not required unless the owners want to record the plat prior to abandoning the water main off Overland Avenue. RECOMMENDATIONS This plat combines several parcels to create larger parcels and vacates two alleyways. The vacations will require dedication of a utility easement and abandonment of existing water main There are also underground gas services located in the alleys which will require concurrence with Enstar for the vacation and relocation or abandonment of these gas lines. The subdivision is located in the Townsite Historic zone and meets all development criteria for the zone. The properties will be served with onsite utilities. Streets in the area (Overland Avenue, Mission Avenue, and Upland Street) are developed. An installation agreement is not required unless the owner wants to proceed with recording the plat prior to abandoning the water main off Overland Avenue. Recommend approval with the following contingencies: 1. Vacations must receive concurrence from other utility companies. 2. Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. Al 1 ACHMENTS: 1. Resolution No. PZ11 -19 2. Preliminary Plat 63 RECEIVED JUN 6 2011 Kt: PLANNING DEPARTMENT Py D OR sINar. Kenai Peninsula Borough Planning Department 144 North Biiildey Soldotna, Alaska 99669 -7599 Toll free within the Borough 1- 800 -47S -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 By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. 0 Fees - £300 non -ref ridable fee to help defray costs of advertising public bearing. Plat fees will be in addition to vacation fees. 7 City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. 0 Name of public right, -of -way proposed to be vacated is Overland & Upland Way; dedicated by plat of Townsite of Kenai USS 2970A Subdivision, filed as Plat No. 0002970 in Kenai Recording District. ✓ 1 Are there associated utility easements to be vacated? 4 Yes G No 171 Are easements in use by any utility company' if so which? gas and comm. 0 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 be 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. K4ust 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 cn the sketch. �No Has right -of -way been fully or partially constructed? Yes _ Is right -of -way used by vehicles /pedestrians /other? ❑Yes _No Has section line easement been constructed? ❑Yes fNo Is section line easement being used? Dyes �No Is alternative right -of -way being provided? Dies No The petitioner must provide reasonable justification for the vacation. Reason for vacating: By vacating these two alleyways and combining the parcels it will allow the owner to use the large parcel for constructing a medical facility with parking. The owner wilt work with the utility companies to provide easements or to relocate the existing utility lines. 64 The petition must be sitrned (written signature) by owners of maj way or section line easement proposed to be vacated. Bach must his /ber property. • Submitted by: Signature Name Scott Huff (Integrity Surveys Address 43335 K -Beach Rd Petitioners: Signature Name J.zv AM! cea Address p_ _:ox 988 Kenai, AK 99611 Suite 10 Soldotna, AK 99669 Phone 262 -5573 Owner of Signature Name Address Original Townsite Kenai /Kenaitze ie front feet of land fronting part of right -of- ailing address and legal description of As: lPetitioner Representative Signature nName Address Owner of Signature Name Address Owner of Owner of 65 47 August 2011 MEETING CALENDAR Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Library Co m ssion, 7p ouncii ambers 3 CITY COUNCIL. MEETING, 7p, Council Chambers 4 Parks & Recreation j Commission, 7p, Council Chambers I I 5 6 •• 7 I 8 Harbor Commission, 7p, Council Chambers 9 1 I 10 PLANNING & ZONING COMMISSION, 7p, Council Chambers 11 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 12 /! 13 �. 14 15 Drr C..°c,✓i- se55 It- ,.. a Dl1 16 17 CITY COUNCIL MEETING, 7p, Council Chambers 18 I i 19 20 I 21 22 U 80.A J 23 t 24 PLANNING & ZONING COMMISSION, 7p, Council Chambers 25 . 26 27 28 29 30 31 11 I 1 iJul 2011 & M 1 W T F 5 S Sep 2011 M T W T F S 3 4. 5 6 7 8 10 it 12 13 14 i5 117 18 19 20 21 22 24 25 26 27 28 28 31 2 9 18 23 30 4 11 18 25 I 2 5 6 7 5 9 12 13 14 15 16 19 20 21 22 23 26 27 25 29 30 3 10 17 24 66 September 2011 MEETING CALENDAR Sunday Monday Tuesday ! Wednesday Thursday Friday Saturday Aug 2011 Oct 2011 S M T W T F S 1 S M V2 T F S 1 2 3 4 5 6 r 1 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 114 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 28 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 25 27 28 29 30 31 1 2 4 5 6 7 HOLIDAYICITY OFFICES CLOSED Library CITY Commission, COUNCIL 7p, Council MEETING, 7p, Chambers ! Council Chambers 11 12 Harbor Commission, 7p, Council Chambers 13 Beautification Committee, 7p, Council Chambers eewa igua- 3 10 14 PLANNING & ZONING COMMISSION, 7p, Council Chambers 15 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 16 18 19 20 21 CITY COUNCIL MEETING, 7p, Council Chambers 22 arida fragit 17 23 1 24 25 1 26 1 27 28 PLANNING & ZONING COMMISSION, 7p, Council Chambers 29 30 Cowed Setett 67 X2011 07 -21 08:26 Kenai AFSS(admin) the44y of KENALALASKA DATE: I/ 3f!:1-,0(I ( / pp NAME: �� d t �nt''17 1"� ,S / 574 f'o / Resident Of the City of Kenai? r / y/� How Ions /, !/ Residence Address 3/ 3 vl mG P, "Oct L `�<?'L' 7" '��r. `/ Mailing Address S>¢ °ni 9 Home Telephone No. 5 74 .L Y Horne Prix No, Business Telephone No a ?' ? .7 7?. Business Fax No. 2. 3 — Y3 9/ Email Address qk r /7 s-.6. ce Yn Soo , Cenr May we include your contact information on our web page? ALL If not all, what information may we include? / EMPLOYER: /!/"2- T Job Title A : r TrQ 4Ce . Can/& /ire- , NAME OF SPOUSE: CT.,fiCt Current membership in organizations:✓ I' 2. C(-SC.(%a..2..,rx..r- i-lth-'6: r_C.._CECleires fierC"..4?1 3Lc.;,41 -/ 907 - 283 -4391 » 9072835068 P 1/1 CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - ATE$ FOR APPOINTMENT COMMITTEES AND CO4Vii1IlSSIONS RECEIVED JUL 21 2011 (ENA/ CITY CLERK I RETURN TO: KENAI CITY CLERK 216 FIDALGO AVENUE KENAI, AK 99611 MORE: 283 -7535, EXT. 231 FAX: 283 -5068 Pn / � G i oreeuicationnS. niembershina: , /o 5. h CC ' ✓` ,aPN 5 5'S c/ Gi i ��77 /��� r COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 4, /O°t 1 (0/0727 55./ fi!t/ WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? The Kenai airport plays a vial' role in a rnxittitudc of ways to the citizens orthe Kenai Peninsula. M a )on >thne resident. 1-- T M would .like to take an active solo in the future of each a valuable asset. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, GQMMISSION OR COMMITTEE MEMBERSHIP? A 2007 cir,.duate orXenai Peninsula College, (Associate of Arts Degree and a certificate in Mechanical Technology). Over ' I Syrc of experience as an Air Traffic Control Specialist at the Kenai Automated Flight Service Stiffing, In 2000 I acquired a private pilot's license with an instrument rating, endorsement from Alaska flying Network. Over the years I have received a • Iirpitcd amount of training in floats, mufti-engine, and Tail -wheel equipped aircraft. Since 2009 I have been the esuciaticn • :manager for the Soldome -Kenai United States Bowling Congra ess youth ro 11 ti- 68 CENTRAL PENINSULA HABITAT FOR HUMANITY PO BOX 2907 Soldotna, Alaska 99669 (907) 283 -7797 July 21, 2011 MEMO TO: FROM: Christine e, Executive Director 1123 2nd Street, Kenai, AK This memo is written as verification that Central. Peninsula Habitat for Humanity (CPHfH) would like the City of Kenai to initiate the paperwork necessary for the sale of land (1123 2nd Street) from the City of Kenai to CPHfH. 69 FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT June 2011 TO: Rick Koch, City Manager FROM: /. Terry Eubank, Finance Director DATE: July 27, 2011 SUBJECT: Quarter ending June 30, 2011 Investment Report City of Kenai Investment Portfolio At June 30, 2011 the City had investments with a market value of $19,649.489 that is down from $23,132,284 at March 31, 2011. Ongoing payments for some of the City's larger capital projects are causing the decline in the portfolios size. The City's portfolio is yielding 0.66% that is down from 0.87% at March 31, 2011. Market interest rates continue to fluctuate with rates falling in this quarter leading to a positive fair market value adjustment of $95,880. The City's philosophy continues to be to hold investments until maturity thus never realizing gains and losses due to changes in interest rates. City's Investment Portfolio US Agency Securities $ 9,987,420 AML Investment Pool 161,669 Wells Fargo Money Market 8,345,996 Bank Balance 1,154,404 Total $ 11. ,682 Permanent Fund Investments The second quarter 2011 saw volatility in the market with the quarter ending performance yielding 0.84 %. Since inception the portfolio has returned 13.14% and in the last year the portfolio has returned 19.91 %. As of June 30, 2011 the portfolio value was $24,391,996, comprised of $21,854,90T37 (89.60 %) Airport Land Sale Permanent Fund and $2,537,088.38 (10,40 %) General Land Sale Permanent Fund monies. 70 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2011 une 30, 2011 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking $ 1,154,404 0.01% Wells Fargo Secured Money Market 8,345,996 0.15% FDIC Insured Certificates of Deposit 0.00% Alaska Municipal League Investment Pool 161 669 0.10% Total Cash & Cash Equivalents 9,662,069 0.13% Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio 5,003,580 4,983,840 9,987,420 9,649,489 Average Yield 0.13% 0.52% 1.85% 1,18% 0.66% Investment Portfolio - Purchase Price $ 19,661,427 Investment Portfolio - Fair Value 03/31/11 19,553,609 Fair Value Adjustment - 3/31/11 (107,818) Fair Value Adjustment - 06/30/11 95,880 Cummulative Change in Fair Value $ (11.930 71 $12.000,000 $0,000.000 84,000,000 $o Portfolio Liquidity Liqu dtty 20% Minimum Maturity 1- 2 years Maturity over 2 years 0% Maumum Im m ®AduaI OPO11cYNn /Maximum ______ -_- J CRY OF KENAI INVESTMENTS 6/30/2011 SECURITY PHIS 060 6/27/13 FHLMC 0.86 2/8113 FHLMC 1.7011 /16/15 FNMA 1757/28/15 Slep 7/11 to 2.0 FNMA 0625 1/18113 Step 7/11, 1/12, 7/12 FNMA 0.5511/1/12 FNMA 1.75 1111 7/1 5 TOTAL CUSIP original cost 313374000 1.000,000 31340121.7 1,000,614 313401XV1 1,998,530 3136FMV92 1,000,000 313698255 1,000,000 313901584 2,000,244 313980565 2,000,000 CITY OF KENAN Investments 083011 COK Current year cost or 03/31/11 66/30/11 Market Value Market Value 1,000,000.00 998,840.00 997.580 00 1,002, 650 00 1,948,520.00 1,9922,85000 1,001,330.00 1,001,340,00 996, 95000 1,000,110 00 1,993,400.00 2,001,980.00 1,953.760.00 1,989,620.00 Unrealized Gain Accrued EFFECT. DATE DATE or Loss Interest RATE PURCH. DUE (1,110001 68.67 0.600 6/272041 6/27/2013 .5,07000 3,376.39 0850 3/4/2011 2/8/2013 44,360.00 4,25000 2.002 11/1/62010 11/16 /2015 110.00 7,437.50 1.750 7/28/2010 7/28/2015 3,160.00 2,829.86 0.053 1/18/2011 1/18/2013 8,580.00 1,83393 0.550 11/9/2010 11/1/2012 35,860.00 4,277.78 1.75011/17/2010 11/17/2015 6999,35833 9,891,540 9,987,420.00 95,880.00 24.072 1,081 72 Fixed Income Cash & Cash Equivalents Wells Fargo Secured Money Market Total Cash & Cash Equivalents Government & Corporate Securities Government Securities Corporate Securities Total Government & Corporate Securities Total Fixed Income Equities Domestic Equities Standard & Poor's 500 Index Standard & Poor's 600 Small -Cap Index Standard & Poor's 400 Mid -Cap Index Total Domestic Equities International Equities Vanguard Europe Pacific ETF Vanguard Enlergino Market ETF Total international Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities Total Portfolio 20.00% CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY June 30, 2011 Current or Current Fair Market Value Average Portfolio Target Portfolio 30- Sep -10 31- Dec -10 31 -Marv11 30- Jun -11 Yield Weight Weight Maximum 271,956 502.259 108,993 148,836 0.15% 271,956 502,259 108,993 148,836 4,772,025 5,119,684 5,582,048 5,034,168 272% 3.408,195 3,335,028 3,545,812 4,605,222 478% 8,180,220 8,454,712 9,127,860 9,639,390 3.5816 8,452.176 8,956,971 9,236,853 9.788,226 3.47% 42.98% 450016 65.00% 5,039,068 5,118,402 5,396810 8.033,324 815,560 945,023 1,015,275 1.011,963 1.885 323 2135,115 2,213,374 2,190,727 7,739,951 8,198,540 8,625,459 9,236,014 2,166,337 2,268.629 2,238347 2,564,155 1,422.898 1,506,970 1,532,135 1,742,055 3,589,235 3,775,599 3,766482 4,306,210 919,889 978,000 1,032,756 1,061,546 919,889 978,000 1,032,756 1,061,546 12,249,075 12,952,139 13,424,697 14,603,770 21.243A 20.00% 25.00% 5.39% 5.00% 10.00% 10.6116 10.0016 15.00% 37.24% 35.00% 50.00% 10.70% 10.00% 15.00% Th 71% Lila 10,00% 16.41% 15.00% 25.00% 3.37% 5.00% 10.00% 3.37% 5.00% 10.00% 20,701,251 21,909,110 22,661,550 24,391,996 4.31% 100.0016 100.00% Portfolio Composition Fixed long,, Standard& FOOYo 60 Stssdard& Ps,'x 60051819981& Pow4400 89989e9 EUtgw Vanua.' EmorBlna Va1o4a41 REIT Eri Index Smal5capludea 011d.Copindex 55,55, El'F Marital eiF 008renl Porli L9.9819 Ginlgel PorIalm WeidM aLrarrinurn R ario 0541555 Portfolio Performance 15080% C,ur,et 80055 0uoom9usrt9r Year 00 Dale 910% 089k A, 4 _31a ,107% 120% 1 485 %�� 73 Last 1 Year 18.91% 020% ,onto Date. July 12, 2011 Mr, Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; GAPtlTAt;MABBAGEMENT sent via email Enclosed is our June 2011 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. On the 13th, $999,976 was transferred from the account. At month -end, the market value of the portfolio was $24,391,905. Based upon the composition of the portfolio, the annual cash flow would be $348,731. Our monthly commentary is attached. We are pleased to announce that Jason Roth has joined our staff as Senior Vice President and Portfolio Manager. Sincerely, Bert Wagnon Senior Vice - President 74 Brandy Ntctal, CFA Senior Investment Analyst v <n ITY OF KENAI - AIRPORT PERMANENT FUND ALASKA. Account Statement - Quarter Ending June 30, 2011 Anm corm 1MANAGEMENT ACCOUNT ACTIVITY Portfolio Value on 03 -31 -11 22,661,550 Contributions 2,526,702 Withdrawals - 1,000,959 Change In Market Value 72,467 Interest 87,471 Dividends 44,674 Portfolio Value on 06 -30 -11 24,391,905 INVESTMENT PERFORMANCE Current Account Benchmark: Equity Blend "e I son i' Current 3 Current -Year to Latest 1 I Incept inn to 1 Month Quarter Date Year Oats ImPoR`oin -310 0.84 4.31 f 1991 1314 I to chmgh -107 126 465 1929 i 1326 Perfmmancefor Petiorts One Yearend Greater are Annualized MANAGEMENT TEAM Director of Client Relations: Your Portfolio Manager: Contact Phone Number: PORTFOLIO COMPOSITION US Sm Cap 4% Real Estate Emer Mkts 4% 70/0 Laura Bruce, CFP, ChFC Laura @apcm.net Bert Wagnon Brandy Niclai, CFA 907/272 -7575 Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF KENAI - AIRPORT PERMANENT FUND June 30, 2011 Yield Average Total Market Pct. Annual Accrued to Quantity Security Cost Average Cost Price Value Assets Income Interest Maturity U.S. TREASURY 500,000 125 TREASURY NOTES 1.009% Due 08 -31 -11 400,000 11S TREASURY NOTES 1250 %Due 10-31-15 1,025,000 US TREASURY NOTES 2.625°! Due 11 -15 -20 Accrued Interest 100.17 500,858 100.16 500,781 2.05 5,000 1,671 0.07 98.15 392,586 99.16 396,624 1.63 5,000 842 1.45 94.83 971,962 96.31 987,208 4.05 26,906 3,436 3.08 5950 0.02 1,865,406 1,890,563 7.75 5,950 AGENCIES 250,000 AMERICAN EXPRESS BK (FDIC GUARANTEED) 103.16 257,896 101.28 253,190 1.04 7,875 481 0.26 3.150%Due 12-09-11 250,000 GOLDMAN SACHS GP (FDIC GUARANTEED) 103.68 259,212 102.81 257,015 1.05 8,125 361 0.32 3.250 %Due 06 -15 -12 500,000 PNC FUNDING CORP - FDIC GUARANTEED 100.82 504,100 102.01 510,070 2.09 11,500 287 0,24 23000% Duo 06-22-12 CS 500,000 FNMA 102.07 510,339 105.29 526,470 2.16 14,375 799 0.69 2.875% Due 12 -11 -13 500.000 PHLB 110.35 551,726 115.99 579,951 2.38 26,875 3,210 1.93 5.375%„ Due 05 -18 -16 450,000 FHLMC 110.66 497,970 113.66 511,461 2.10 21,937 1,097 2.71 4.875 °A Due 06 -13 -18 Accrued Interest 6,235 9.03 CORPORATE BONDS 250,000 115 Bank Corporate Note 6.3751 Due08 -01 -11 200,000 AT&T WIRELESS SVCS INC 8.125% Due 05-01-12 200,000 JOHN DEERE CAPITAL CORP 4.950% Due 1217 -12 200,000 BERKSHIRE HATHAWAY INC 2,125% Due 02 -1 1 -13 200,000 GLAXOSMITHKLINE CAP INC 4.850 %Due 05 -15 -13 200.000 TOYOTA MOTOR CREDIT 1.375 %Doe 08 -12 -13 200,000 HARRICK GOLD FINANCE CO. 6.125 %Due 09 -15 -13 200,000 IBM CORP 6.500% Due 10 -15 -13 2581,244 2,644,393 10.84 6,235 101.31 253,280 100.42 251,050 1.03 15,937 6,641 1.45 114.20 228,392 106.02 212,048 0.87 16,250 2,708 0.88 93.99 187,988 106.16 212,322 0.87 9,900 385 0.71 100.16 200,312 102.61 205,212 0.84 4,250 1,653 0.50 93.74 187,474 107.53 215,052 0.88 9,700 1,239 0.80 101.03 202,052 100.69 201,372 0.83 2,750 1,062 1.05 111.45 222,898 110.58 221,170 0.91 12,250 3,607 1.25 103.71 207,422 112.16 224,316 0.92 13,000 2,744 I.11 Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF KENAI - AIRPORT PERMANENT FUND June 30, 2011 Yield Average Total Market Pct. Annual Accrued to tity Security Cost Acorage Cost Price Value Assets Iucnme Interest Maturity 200,000 MERRILL LYNCH & CO 98147 196,946 107.66 215,329 0.88 10,900 5,026 2.80 5.450 %Due 07 -15 -14 200,000 1P MORGAN CHASE & CO 88.88 177,764 106.91 213,826 0.88 9,500 3,167 2.76 4.75051 Due 03 -01 -15 200,000 MORGAN STANLEY 84.00 168,000 108.41 216,814 0.89 12,000 2,100 3.63 6.000% Due 04 -28 -15 200,000 HSBC FINANCE CORP 9628 192,568 109.34 218,684 0.90 11,000 4,950 3.27 5.500% Due 01 -19 -16 250,000 BRITISH COLUMBIA PROV 00 99.98 249,952 100.47 251,187 1.03 5,250 627 2.00 2.100% Due 05 -18 -16 200,000 CONOCOPHILLIPS CDA MG FDC CO 89.87 179,748 115.83 231,652 0.95 11,250 2,375 2.42 5.625% Due 10 -15 -16 200,000 STATOR_ ASA 10411 202,212 100.88 201,752 0.83 6,250 2,326 2.97 3.125% Due 08 -17 -17 200,000 WACf1OVIA CORP GLOBAL. MEDIUM 85.50 171,000 1I0.58 221,158 091 11,500 4,792 3.91 5.750% Due OZ -01 -18 -*-4 200,000 MCDONALDS CORP MITIN 104.35 208,698 113.38 226,754 0.93 10,700 3,567 3.11 -54 5350% Due 03 -01 -18 200,000 GENERAL ELECTRIC CLAP CORP. 84.71 169,416 109.37 218,744 0,90 11,250 1,875 4.04 5.625% Due 05-01 -18 500,000 GOLDMAN SACHS GROUP INC. 116.51 582,570 116.35 581,770 2.39 37,500 14,167 4.90 7.500% Due 02 -15 -19 Acemed Interest 65,011 0.27 4,188,692 4,605,223 18.88 65,011 DOMESTIC LARGE CAP EQUITY FUNDS/ETF 45,501 SPDR S &P 500 ETP TRUST DOMESTIC MID CAP EQUITY FUNDS/ETF 22,423 (SHARES S&P MIDCAP 400 DOMESTIC SMALL CAP EQUTFY FUNDS/ETF 13,802 ISHARES S&P SMALLCAP 600 INDEX INTERNATIONAL FUNDS/ETE 67,336 VANGUARD MSC( EAPE ETV EMERGING MARKET FUNDSTETF 35,830 VANGUARD EMERGING MARKET ETF REAL ESTATE 17,663 VANGUARD REIT ETP 98.05 4,461,246 131.97 6,004,767 24.62 NA 52.43 1,175,555 97.70 2,190,727 8.98 NA 45.29 625,081 73.32 1.011,963 4.15 NA 28.68 1,931,036 38.08 2,564,155 70.51 NA 28.67 1,027,402 48.62 1,747,055 7.1.4 NA 31.37 554,025 60_10 1,061,546 4.35 NA Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF KENAI - AIRPORT PERMANENT FUND June 30, 2011 Yield Average Total Market Pet. Annual Accrued to Quantity Security Cost Average Cost Price Value Assets tueome Interest Maturity TREASURY BILLS 500,000 US TREASURY B1I„ S 0.000% Due 05 -31 -12 CAST AND EQUIVALENTS CASH RECEIVABLE Wells Fargo Scoured Mono 33%. kct Account TOTAL PORTFOLIO v co 99.83 499,165 99.84 499,210 2.05 NA 0 (1.17 28,557 28,557 0.12 NA 148,747 (48,747 0.61 177,304 177,304 0.73 19.086,156 24,391,905 100 348,731 77,196 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI - AIRPORT PERMANENT FUND From 06 -01 -11 To 06 -30 -11 Trade Settle Trade Date Date Security Quantity Amount PURCHASES CORPORATE BONDS 06 -23 -11 06 -28 -11 TOYOTA MOTOR CREDIT 1.375% Due 08-12-13 TREASURY BILLS 06 -28 -11 - 06 -29 -11 US TREASURY BILLS 0.000% Due 05 -31 -12 200,000 202,052.00 500,000 499,16452 701.216.52 DIVIDEND DOMESTIC LARGE CAP EQUITY FUNDS/F:CF -I 06 -17 -11 07 -29-11 SPDR S &P 500 ETFTRIJST 28,55734 DOMESTIC MID CAI' EQUITY FUNDS /ETE' 06 -23 -11 06 -29 -11 ISHARES S &P MIDCAP 400 5,367.42 DOMESTIC SMALL CAP EQUITY FUNDS /PTE 06-23-11 06 -29 -11 ISHARES S &P SMALLCAP 1,935.44 600 INDEX REAL ESTATE 06 -24 -11 06 -30 -11 VANGUARD REIT .EU' 8,813.84 ....... 44,674.04 INTEREST AGENCIES 06 -09 -11 06 -09 -11 AMERICAN EXPRESS BK 3,937.50 (FDIC GUARAiN "NEED) 3.150 ° /o Due 12 -09 -11 06 -11 -11 06-11 -11 FNMA 7,187.50 2.875% Due 12 -11 -13 06 -13 -11 06 -13 -11 FIILMC 10,968.75 4.875% Due 06 -13 -18 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI - AIRPORT PERMANENT FUND From 06 -01 -11 70 06 -30 -11 Trade Settle Trade Date Date Security Quantity Amount 06 -15 -11 06 -15 -11 GOLDMAN SACHS GP 4,062.50 (FDIC GUARANTEED) 3.250% Due 06 -15 -12 06 -22 -11 06-22-11 PNC FUNDING CORP - 5,750.00 FDIC GUARANTEED 2.300% Due 06 -22 -12 31,906.25 CASH AND EQUIVALENTS 06 -01 -11 06 -01 -11 Wells Fargo Secured 127.37 Money-Market Account CO CORPORATE BONDS O 06 -17 -11 06 -17 -11 JOHN DEERE CAPITAL 4,950.00 CORP 4-950% Due 12 -17 -12 16,983.62 PURCHASED ACCRUED INTEREST CORPORATE BONDS 06 -23 -11 06 -28 -11 TOYOTA MOTOR CREDIT 1,038.89 1.375% Due 08 -12 -13 1,038.89 SALES, MATURITIES, AND CALLS U.S. TREASURY 06 -09 -11 06 -10 -11 US TREASURY NOTES 700.000 701,503.91 1.000% Due 08 -31 -11 06 -15 -11 06 -16 -11 US TREASURY NOTES 150,000 158,777.34 3.500% Duc 0515 -20 00 Alaska Permanent Capital Management Co. TRANSACTION SUMMARY' CITY OF KENAI - AIRPORT PERMANENT FUND From 06 -01 -11 To 06 -30 -11 Trade Settle Trade Date Date Security Quauhty Amount 06 -15 -11 06 -16 -11 US TREASURY NOTES 300,000 306,644.53 2.750% Due 02 -15 -19 SOLD ACCRUED INTEREST U.S. TREASURY 06-09-11 06 -10 -11 US TREASURY NOTES 1.000% Due 08 -31 -11 06 -15 -11 06 -16 -11 US TREASURY NOTES 3.500% Due 05 -15 -20 06-15-11 06 -16 -11 US "TREASURY NOTES 2.750% Due 02- 1.5 -19 WITHDRAW CASH AND EQUIVALENTS 06 -13 -I1 06 -13 -11 Wells Fargo Secured McneyMarket Account 06 -20 -11 06 -20 -11 Wells Fargo Secured MoneyMarket Account 1,166,925,78 1,1 66.925.78 1,940.22 456.52 2,757.60 5,154.34 5,15434 999,976.00 341.93 1,000,317.93 1,000,31733 Alaska Permanent Capital Management Co. REALIZED GAINS AND LOSSES CITY OF KE'NAI - AIRPORT PERMANENT FUND From 06 -01 -11 Through 06 -30 -11 Avg. Cost Date Quantity Security Basis Proceeds Gain Or Loss 06 -09-11 700,000 US TREASURY NOTES 701,200.52 701,503.91 303.39 1.000% Due 08 -31 -11 06 -15 -11 150,000 US TREASURY NOTES 156,058.60 158,777.34 2,718.74 3.500% Due 05 -15 -20 06 -15 -11 300,000 US TREASURY NOTES 289,442.61 306,644.51 17,201.92 2.750% Due 02 -15 -19 TOTAL GAINS TOTAL LOSSES W 1,146,701.73 1,166,925.78 20,224.05 0.00 20,224.05 co 0) Alaska Permanent Capital Management Co. CASH LEDGER CITI' OF ICENAI - AIRPORT PERMANENT FUND From 06 -01 -11 To 06 -30 -11 Trade Settle Trait Date Date Code CASH RECEIVABLE 06 -01 -11 06 -17 -11 07 -29 -11 06-30-11 Activity Security Beginning Balance dp Dividend Ending Balance Wells Fargo Secured NloneyMarket Account 06 -01 -I1 Beginning Balance 06-01-11 06 -01 -11 dp Interest 06 -09 -11 06 -10 -11 dp Sale 06 -09 -11 06 -10 -11 dp Accrued Interest 06 -09 -11 06 -09 -11 dp Interest 06 -11 -11 06 -I1 -11 06 -13 -11 06 -13 -11 06 -13 -11 06 -13 -11 06 -15 -11 06 -16 -11 06 -15 -11 06 -16 -11 06 -15 -11 06-16-11 06 -15 -11 06 -16 -11 dp Interest wd Withdrawal dp Interest dp Sale dp Accrued Interest dp Sale dp Accrued interest SPDR SdkP 500 fi"PF TRUST Wells Fargo Secured MoneyMarket Account US TREASURY NO ES 1.000% Due 08 -31 -11 1.15 TREASURY NOTES 1.000% Due 08-31-11 AMERICAN EXPRESS BK (FDIC GUARANTEED) 3.150% Due 12 -09 -11 FNMA 2.875% Due 12 -11 -13 from Portfolio FHLMC 4.87514 Due 06 -13 -18 US TREASURY NOTES 3.500% Due 05 -15 -20 US TREASURY NOTES 3.500% Due 05 -15 -20 U5 TREASURY NOTES 2.750% Due 02 -15 -19 US TREASURY NOTES 2.750° o Due 02 -15 -19 ?amount 0.00 28,557.34 28,557.34 626,139.65 127.37 701,503.91 1,940.22 3,937.50 7,187.50 - 999,976.00 10,968.75 158,777.34 456.52 306,644.53 2,757.60 Co Alaska Pennanent Capital Management Co. CASH LEDGER C7TV OF KENAI - AIRPORT PERMANENT FUND From 06 -01 -I1 To 06 -30 -11 Trade Settle Iran Date Date Code Activity 06 -15 -11 06 -15 -11 dp interest. 06 -17 -11 06 -1711 06 -20 -11 06 -20 -11 06 -22 -11 06 -22 -11 06 -23 -11 06 -28 -11 06 -23 -11 06- 28 -1.1 06 -23 -11 06 -29 -11 06 -23 -11 06 -29 -11 dp Interest wd Withdrawal dp Interest wd Purchase wd Accrued Interest dp Dividend 4 Dividend 06 -24 -11 06 -30 -11 dp Dividend 06 -28 -11 06 -29 -I1 wd Purchase 06 -30 -11 Security Amount GOLDMAN SACI-IS GP (FDIC 4,062.50 GUARANTEED) 3.250% Due 06 -15 -12 JOHN DEERE CAPITAL CORP 4,950.00 4.950% Due 12- 17.12 from Portfolio - 341.93 PNC FUNDING CORP - FDIC 5,750.00 GUARANTEED 2.300% Due 06 -22 -12 TOYOTA MOTOR CREDIT - 202,052.00 1.375% Due 08 -12 -13 TOYOTA MOTOR CREDIT - 1,038.89 1.375% Due 08 -12 -13 'SHARES S &P MIDCAP 400 5,367.42 1SHARES S &P SMALLCAP 600 1,935.44 INDEX VANGUARD RL-+FL ETF 8,813.84 US TREASURY BILLS - 499,164,52 0.000% Due 05 -31 -12 Ending Balance 148,746.75 10 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: AUGUST 3, 2011 VENDOR ALASKA SURE SEAL ACCESSDATA GROUP ROYCE TECHNOLOGIES LARSON ENGINEERING GREENSCAPES SHERMAN SIGNS RON'S HONDA ALASKA RUBBER & SUPPLY 01 DESCRIPTION DEPT. SEAL COAT/STRIPE PARKING LOTS COMPUTER FORENSICS TRAINING SENSOR, ETC. COURTNEY DRIVE SEWER RE-GRADE FY12 PLANT LEASE CEDAR SIGN GENERATOR CLEATED BELT STREET POLICE WWTP WATER CONG, HOUSING PARKS PARKS WWTP ACCOUNT AMOUNT REPAIR & MAINTENANCE TRANSPORTATION OPERATING SUPPLIES REPAIR & MAINTENANCE PROFESSIONAL SERVICES REPAIR & MAINTENANCE SMALL TOOLS OPERATING SUPPLIES 4,622 04 3999.00 3,774.00 4,785.00 4,200.00 1,800.00 2,985.00 6,700.00 Anchorage waters hit by illegal Kenai salmon dumping t Alaska Dispatch Page 1 of 2 laska's Medical Flom: M edit <Ii'' Oark for Forty Years! rnrndyI• 31 1I 25, 5E9P Partly NEWS& POI ttlr :S FLOGS CULTURE PROJECTS MULTIMEDIA r acchoon Social (Rr CE trrn T SIGN IN! ADVERTISE! CONTACT Us Anchorage Anchorage waters hit by illegal Kenai salmon dumping I :r: •:. INeS:vd 1 Jul 27..:: 11 AT Sockeye- mo asses c 'ed d take. it's a bear attractant. The fallout from an explosion of sockeye salmon in the Kenai River has hit Alaska's largest city, and officials with the Alaska Department of Fish and Game are not happy. They say it's slimy, stinky and unsightly. We're talking here, of course, about the sockeye carcasses and innards from the Kenai that have started . showing up in Anchorage lakes, streams and neighborhoods as city residents by the thousands rush to the Kenai River to slaughter salmon in an unexpectedly —kip: large run of the fish. The fish waste that some have been bringing back to Anchorage as a result, state officials say, is just messy; And dumping it into public waters, or onto public or private lands violates both municipal and state laws, They say they are now on the took -out for anglers and dipnetters apparently can't figure out how to clean their fish on the banks of the Kenai, and then toss the remains back into the river to fertilize the ecosystem. It would appear far too many are instead hauling their fish back to Anchorage, cleaning them at home, and then dumping the waste wherever they think they can get away with A. Fish and Game has gotten "numerous reports of salmon waste dumped into Anchorage creeks, lakes and neighborhood areas,' according to spokesman Ken Marsh. "This illegal activity is a serious public safety concem. Fish waste can draw bears to an area from more than a mile away." "People may not realize they are putting other people in danger when they illegally dump fish or fish carcasses, but this is a serious public safety issue," added Jessy Coltrane, area biologist for the Division of Wildlife Conservation. "Fish carcasses attract bears, and bears may defend these food sources if people accidentally come near" Her words are kinder and gentler than those of her predecessor, the now - retired biologist Rick Sinnott, who once threatened physical violence if he got his hands on someone dumping salmon waste. Biologists now say they merely plan to try to stick it to the perp in court. Fines could reach up to $1,000. Not only wildlife biologists are unhappy about what's been happening, either. Area fisheries biologist Dan Bosch noted dumping the carcasses of foreign salmon in local streams could spread diseases. Fish and Game is waming residents to take their waste directly to a waste transfer station or to the landfill, or freeze it "to eliminate odors and then place it out with garbage on the morning of trash pickup." People who have salmon left off in their freezers from last year, and now want to replace that salmon with fresh salmon, can take well - packaged and unspoiled fish to Bean's Caf €, which serves meals to the homeless. The cafe at 1101 E. 3rd Ave is open from 7 a.m. to 5 p.m. Year -old salmon doesn't taste as good as fresh salmon, but it's a fair sight better than a muddy largemouth bass. .. -` rr .Aa.AiLY' :it WEE -t1 -:5 S • ALY1 MQAf4soatAOI http:// www.alaskadispatch.coln/article/ anchorage- waters - hit - illegal- kenai- salmon - dumping 7/28/2011 Anchorage waters hit by illegal Kenai salmon dumping Alaska Dispatch Page 2 of 2 Old salmon is also often accepted by The Alaska Zoo, The Bird Treatment and Learning Center, and the Alaska Wildlife Conservation Center in Portage. They use it to feed the wild. If you're interesting in making a donation, call the Zoo at 346 -3243, the BTLC at 562 -4852 or the Wildlife Conservation Center at 783 -2025. The Kenai sockeye run forecast at about 3.9 million fish now looks like it could be one and a half to nearly two times that size. The run has produced a bonanza for commercial fishermen in Cook Inlet, stuffed the nets of persona -use dipnetters, and filled the Kenai Peninsula stream with salmon for anglers. Contact Craig Modred at crarq(atiataskadispafch.com. Email Facebook Social Comments by deshkaelf July 27, 2011 - 1O:39pm Old fish is also welcomed by Dog Mushers, the dogs don't care if it's a bit freezer burnt. by northroader 1 July 27, 2011 - 4:16pm You should see what Centenial Park in Soldtona looks like! The city allows people to pay the $6 parking fee and they clean their fish right on the river! They are supposed to throw the fish carcasses into the swift Flowing water. The trouble is that it isn't very swift and all the fish are washing up on the beach! So If you want to fish the old fashion way with a fishing rod you have to wade out in a sea of dead fileted fish. And I think the worst of it is people were washing their filets along with all the dead fish! Just plain gross! by Skeptic 1 July 27, 2011 - 12:58pm Go get a truckload of wood chips from the woodlot, and compost your fish scraps. It hardly stinks, doesn't attract dogs or bears and produces awesome sell amendments for your garden, tower bed or even fawn, by northroader ( July 27, 2011 - 4:19pm Or you could bury it. Problem is that many people live in apartments just to lazy, or just really don't know what to do with it! I think we may be having some bear problems' HOME CONTACT 05 ADVERTISE ABOUT US TERMS 0E 055 RSS NEWSLETTER WEATHER Copyright P 2011 Alaska Dispatch. All Eights Reserved, http:/ /www.alaskadispatch.com/article/ anchorage- waters -hit- illegal - kenai - salmon- dumping 7/28/2011 NOTICE OF PUBLIC HEARING AUGUST 3, 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. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by S1,666 in the General Fund for a Library Grant. 2. Ordinance No 2570 -2011 -- Increasing Estimated Revenues and Appropriations by 56,500 in the General Fund for a Library Grant. 3. 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. 4. 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. 5. 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. 6. Ordinance No. 2574 -2011 -- Increasing Estimated Revenues and Appropriations by S72,552 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 7. Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. 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. Corene Hall, Deputy City Clerk Posted: July 28, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF AUGUST 3, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. 2. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. 3. 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. 4. 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. 5. 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. 6. 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. 7. Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. 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. L v .,. c%. Corene Hall, Deputy City Clerk Posted: August 4, 2011 r AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 3, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Marilyn Kebschull, City Planner — 2011 Comprehensive Plan Update. 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. 2569 -2011 — Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. 2. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. 3. 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. 4. 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. 5. 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. 6. 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. 7. Resolution No. 2011.62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. 'Ordinance No. 2575-2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 4. *Ordinance No. 2576-2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles,' to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 5. Action /Approval -- Vacate Upland Way, a 15.8 foot wide Public Right - of -way Adjacent to and Dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and Vacate Overland Way, a Public Right -of -way of Varying Widths Adjacent to and Dividing Lots 3, 9, And 21 from Lots 4, 8. 19 and 20 Block 5, Dedicated by Townsite of Kenai U. S. Survey 2970A; and Vacate the Associated Utility Easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough, KPB File 2011 -079; Location: City of Kenai. 6. Discussion -- Reschedule Work Session -- Clerk Recruitment EXECUTIVE SESSION -- Discussion regarding pending litigation and strategy and a matter of which immediate knowledge could have an adverse effect on the finances of the City -- Tammy Spillman v. City of Kenai. 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 0/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece being first duly sworn, on oath deposes and says: That B am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news - paper of general circulation and published at Kenai., Alaska, that the Council Agenda PO tt96546 a. printed copy of which is hereto annexed was published in said paper one each and every _day gor one successive and consecutive day following dates: August 1,2011 in the issues 00 the SUBSCRIBED AND SWORN to me before - August 2011 P n NO'T'ARY PUBLIC in favor k'or the State of Alaska. My Commission expires 26-Aug -12 AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 3, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci. kenai. ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment tufted to 10 minutes per speaker) Marilyn Kebschull, City Planner -- 2011 Comprehensive Plan Update. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes er speaker Persons may give their time over to another speaker present however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by 51,666 in the General Fund for a Library Grant. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. 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. 4. 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. 5. Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by 580,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State et Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery. 6. 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. 7. Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property. to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. 4. "Ordinance No. 2576 -2011 -- Amending Chapter 13.40. "Off -Road Operations of Motor Vehicles." to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. 5. Action /Approval -- Vacate Upland Way, a 15.8 foot wide Public Right - of -way Adjacent to and Dividing Lots 9, 10. 11, 21, 22, and 23 Block 5; and Vacate Overland Way, a Public Right -of -way of Varying Widths Adjacent to and Dividing Lots 3. 9, And 21 from Lots 4, 8. 19 and 20 Block 5. Dedicated by Townsite of Kenai U. S. Survey 2970A: and Vacate the Associated Utility Easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough, KPB File 2011 -079; Location: City of Kenai. 6. Discussion -- Reschedule Work Session -- Clerk Recruitment EXECUTIVE SESSION -- Discussion regarding pending litigation and trategy and a matter of which immediate knowledge could have an adverse effect on the finances of the City -- Tammy Spillman V City of Kenai. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Lorene Hall, Deputy City Clerk D807/2