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HomeMy WebLinkAbout2011-09-21 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk City Manager City Attorney Finance Library Fire Department Cunningham Kebschull Student Rep. Hall Binder Clarion KSRM 1 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 it Schmidt pick up their packets in the Clerk's Office. ADD TO: ADD TO: REMOVE: SEPTEMBER 21, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: D -5: Ordinance No. 2582-2011 ADMINISTRATION Memorandum from Finance Director Eubank G -6: City Clerk Retirement Expenditures ADMINISTRATION Additional Finance Department Documents Memorandum from Council Member Molloy CONSENT AGENDA E -1: Minutes COUNCIL MEMBER MOLLOY Regular Meeting of September 7, 2011 COUNCIL MEETING OF: DALY MOLLOY M S V BOYLE PORTER MOORE r� GABRIEL BOOKEY [- MARQUIS M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY / MARQUIS 1Y M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS sK f Q_ Page of M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL r Y BOOKEY y MARQUIS 1 M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS M S V DALY MOLLOY '1 BOYLE -✓ PORTER `t MOORE Y GABRIEL BOOKEY Ni MARQUIS N COUNCIL MEETING OF: so, - 2/ - k // c.4), DALY J MOLLOY 1 BOYLE alo tai PORTER MOORE M S V GABRIEL BOOKEY MARQUIS DALY MOLLOY BOYLE PORTER MOORE GABRIEL M S V Y BOOKEY MARQUIS Page M S V DALY 7 MOLLOY y BOYLE 6619 PORTER J l MOORE y GABRIEL / \/ y BOOKEY MARQUIS DALY J MOLLOY 1 BOYLE alo tai PORTER MOORE M S V GABRIEL BOOKEY MARQUIS DALY MOLLOY BOYLE PORTER MOORE GABRIEL M S V Y BOOKEY MARQUIS Page M S V DALY MOLLOY BOYLE PORTER OORE GABRIEL BOOKEY MARQUIS M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS M S V DALY MOLLOY Y BOYLE PORTER MOORE 7 GABRIEL / \/ y BOOKEY MARQUIS M S V DALY MOLLOY BOYLE PORTER OORE GABRIEL BOOKEY MARQUIS M S V DALY MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS COMMENT SIGN -UP SHEET MEETING OF: NAME MAILING ADDRESS TOPIC OR AGENDA ITEM? /S - „6.,,, AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 21, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. Presentation to Olivia Pfeiffer regarding EPA award ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations 1 2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II 4 3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project 7 4. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts 10 5. Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet 15 6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment 18 7. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Ai my in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff ErosionProject ............................................................ ............................... 20 8. Resolution No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of 557,600 43 9. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE1 /4 NE1 /4 and the E1 /2SE1/4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal 46 ITEM E: MINUTES 1. *Regular Meeting of September 7, 2011 61 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 74 3. *Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai 75 4. *Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 80 5. Discussion -- Legal Counsel at Planning and Zoning Commission Meetings 98 6. Discussion -- Planning Commission Training 100 7. Discussion -- City Clerk Retirement Expenditures 107 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 119 2. Airport Commission 121 3. Harbor Commission 4. Library Commission 123 5. Parks and Recreation Commission 6. Planning and Zoning Commission 127 7. Miscellaneous Commissions and Committees a. Beautification Committee 132 b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention and Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 136 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- Corrective meeting under Alaska Statute 44.62.310(f) to address a notice deficiency with respect to the August 18, 2011 Special Meeting (technical error in website publication) convened for the sole purpose of holding an executive session on financial matters related to CINGSA's gas storage project being developed in the City of Kenai. The purpose of the executive session is to discuss matters the immediate knowledge of which could have an adverse impact on the finances of the City of Kenai and to give direction to Administration and the City's legal counsel: negotiation with CINGSA regarding CINGSA's purchase of mineral rights, easements, and access to pore space. ITEM L: PENDING LEGISLATION -- (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING 1. Purchase Orders Between $2,500 and $15,000 for Council Review 145 2. Budget Transfer in Capital Projects in excess of $5,000 the ceyuf ISENAAL SNA Suggested by: City Clerk and City Attorney CITY OF KENAI ORDINANCE NO. 2578 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE CITY CLERK AS THE OFFICIAL RESPONSIBLE FOR CODIFICATION OF ORDINANCES ENACTED BY THE CITY COUNCIL AND AUTHORIZING THE CLERK TO MAKE CLERICAL AND /OR TECHNICAL CHANGES TO THE KENAI MUNICIPAL CODE TO CORRECT ERRORS IN SPELLING, PUNCTUATION AND INCORRECT CITATIONS WHEREAS, the Kenai Municipal Code does not reference the city official responsible for updating the Code by codifying ordinances enacted by the City Council; and, WHEREAS, AS 29.20.380(a)(5) designates the municipal clerk as the official responsible for codification of ordinances; and WHEREAS, occasionally, errors in punctuation, spelling, references to other sections of the Code, state statutes or federal law, etc, are discovered in the Kenai Municipal Code; and, WHEREAS, correcting such errors is technical in nature and should not require the passage of an ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 1.15.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.070, Ordinances — Procedure in Passing, is hereby amended as follows: 1.15.070 Ordinances — Procedure in Passing (a) Every ordinance shall be introduced in writing and shall be orally read before any vote for passage thereof is taken, After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all persons interested who New Text Underlined. [DELETED TEXT BRACKETED] 1 Ordinance No. 2578 -2011 Page 2 of 2 appear shall be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amendments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By unanimous consent of all Councilmen present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given an opportunity to be heard before the vote on final passage, (e) After final passage, every ordinance shall e published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by referendum. (g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the city and shall provide for the codification of Code ordinances as provided in AS 29.20.380(a)(5). (h) The City Clerk is authorized to make changes to the Code to correct errors in spelling punctuation, references to other sections of the Code, state statutes, federal law or other errors that are clearly clerical and /or technical in nature. Such corrections shall be reported in writing to the City Council, the City Attorney, and the City Manager prior to sending these changes to the Code publisher, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. ATTEST: City Clerk PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: October 21, 2011 New Text Underlined' 1DELETED TEXT BRACKETED 2 "Viffaye with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMO: TO: City Council FROM: Rick Koch DATE: September 14, 2011 SUBJECT: Ordinance No. 2578 -2011, Designating the City Clerk as the Official Responsible to Correct Errors in Speliing, Punctuation, and Incorrect Citations The purpose of this correspondence is to recommend Council approval of the above - referenced ordinance. Many municipalities have in -place similar legislation which saves time and confusion when technical corrections are required to be made. Thank you for your attention in this matter. 3 the city of KENAI, ALA SSA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2579 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, PHASE 11. WHEREAS, the Airport owns a 1993 Oshkosh Snowblower that is due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations; and WHEREAS, grant funds are available and the City has been awarded a grant totaling $830,892 comprised of 95% FAA S789,347, 2.5% State of Alaska $20,772 and requiring a 2.5% local share of $20,773; and, WHEREAS, local match in the amount of $797 is available from completed airport capital projects and the remaining $19,976 is available in the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 19,976 Increase Appropriations Transfer to Airport Equipment Capital Project Fund $ 19,976 Airport Equipment Capital Project Fund Increase Estimated Revenues Federal Grant Revenue 5789,347 Transfer from Airport Special Revenue Fund 19,976 State Grant Revenue 20,772 Appropriation of Fund Balance 797 $830.892 Increase Appropriations Administration $ 16,292 Machinery & Equipment 814.600 $830,892 New Text Underlined- [DELETED TEXT BRACKETED] 4 Ordinance No. 2579 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. ATTEST: Lorene Hall, Deputy City Clerk y Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New Text underlined- [DELETED TEXT BRACKETED! 5 ena i n cipae Airport Memo "Sewtvr tfhe gveat- Keno & pevtin ulai' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907. 283 -7991 FAX 907. 263.3737 To: Rick R. Koch - City Manager From: Mary Bondurant — Airport Manager Date: August 29, 2011 Subject: FAA Grant Offer— "Snow Removal Equipment (SRE) Phase 2" The FY11 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for $830,892 was submitted to the FAA on August 16, 2011 for an Oshkosh Carrier Mounted Snow blower and Broom. The City has now received the FM's grant offer for $789,347 (95 %). The Airport and State of Alaska are each responsible for 2.5% of this project or $20,773 and $20,772 respectively. This purchase will replace an aging snow blower in addition to providing a second broom which is a vital piece of equipment for runway maintenance efforts tackling snow and ice. Cc: Terry Eubank — Finance Director www.kenaiairport.com. 6 "'hi 91 K AI. ALASKA u Suggested by Administration CITY OF KENAI ORDINANCE NO. 2580 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $41,000 IN THE GENERAL FUND AND BY $89,965.73 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND TO PROVIDE ADDITIONAL FUNDING FOR COMPLETION OF THE LIBRARY EXPANSION PROJECT. WHEREAS, the total cost of the proposed 10,000 square foot expansion and renovation of the existing section of the Kenai Library is projected to be 56,203,377; and, WHEREAS, the City has received an additional $40,000, bringing the project total to $550,000, from the Friends of Kenai Community Library (The Friends) for the project; and, WHEREAS, to date the City has earned $8,965.73 in interest earnings on unspent project funds; and, WHEREAS, the remaining $41,000 for the project will come from General Fund's Capital Reserve Fund, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimate Revenues: Appropriation of Designated Fund Balance - Capital Improvement Reserve Fund $41,000 increase Appropriations: Transfer to Library Improvernents Capital Project Fund $41,000 New Text. Underlined• [DELETED TEXT BRACKETED] 7 Ordinance No. 2580 -2010 Page 2 of 2 Library Improvements Capital Project Fund Increase Estimated Revenues: Transfer In - General Fund Appropriation of Fund Balance $41,000.00 48,965.73 $89,965/3 Increase Appropriations: Construction $89 965/3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASICA, this 21st day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New Text Underlined- [DELETED TEXT BRACKETED] 8 Tillage with a Past, CLt�y with a Future FINANCE DEPARTMENT 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: August 31, 2011 SUBJECT: Ordinance 2580 -2011 If Kenai 2011 This Ordinance is to appropriate funds to the Kenai Library Improvements Capital Fund received from donations, interest earnings and general funds necessary to complete the project. The project is near completion and final adjusting change orders are being processed and final purchases being planned. Remaining to be appropriated are interest earnings in the amount of $8,965.73, a $40,000 donation from the Friends of the Kenai Community Library, and an additional $41,000 request from the General Fund's Capital Improvement Reserve Fund. With passage of this ordinance the final project budget will be $6,203,373.73. Funding sources for the project included: Voter Approved General Obligation Bonds $2,000,000.00 Rasmuson Foundation Grant 1,500,000,00 State of Alaska Grant Funding 1,750,000.00 Friends of the Kenai Community Library Donations including funding from: BP Foundation $150,000.00 Conoco Phillips 25,000.00 Brown Insurance 20,000.00 Jim & Nedra Evenson 10,000.00 First National Bank Alaska 10,000.00 Central Peninsula Hospital 10,000.00 The Navarre Family 10,000.00 Cliff & Kathy Heus 5,000.00 Other 310 000.00 550,000.00 City Unreserved Fund Balance 40,000.00 City Capital improvement Reserve Fund 341,000.00 Walmart 5,500.00 Interest Earnings 13,965.73 Other 2,911.00 Total $6 203 376 73 It should be noted that utilization of Capital Improvement Reserve Funds will require at least five affirmative votes for passage. KENAI. SKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2581 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR STATE OF ALASKA MUNICIPAL REVENUE SHARING RECEIVED IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, SB97 increased the FY 12 Municipal Revenue Sharing appropriation by the Alaska Legislature by $20 million and resulted in an increase in the City's share of $149,089 for a total FY12 City share of $595,563; and, WHEREAS, additional funds in the amount of $62,600 for increasing the staffing of the Parks, Recreation, and Beautification Departments by a combined total of one full time Parks and Grounds Maintenance Assistant ; and, WHEREAS, additional funds are needed for legal fees associated with personnel and lands issues in the amount of $54,500; and, WHEREAS, the anticipated increase in janitorial services cost for the library, due to a change in providers, is more than originally budgeted resulting in the need for an additional $17,600 to complete FY12; and, WHEREAS, an additional $17,470 is needed for the City's ongoing comprehensive plan project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Municipal Revenue Sharing State Grant - PERS On- behalf Relief Increase Appropriations: City Manager Professional Services $149,089 3.081 $152,170 $ 54,500 Library Repair 8v Maintenance 17,600 New Text Underlined. [DELETED TEXT BRACKETED] 10 Ordinance No. 2581 -2011 Page 2 of 3 Non - Departmental: Transfer to Other Funds 17,470 PERS 3.081 20,551 Parks: Salaries 8,420 Overtime 500 Leave 130 Medicare 131 PERS 1,962 Unemployment 45 Workers Compensation 421 Health & Life Insurance 3,074 Supplemental Retirement 362 15,045 Recreation: Salaries 8,420 Overtime 500 Leave 130 Medicare 131 PERS 1,962 Unemployment 45 Workers Compensation 421 Health & Life Insurance 3,074 Supplemental Retirement 362 15,045 Beautification: Salaries 16,841 Overtime 500 Leave 259 Medicare 255 PERS 3,815 Unemployment 88 Workers Compensation 819 Health & Life Insurance 6,148 Supplemental Retirement 704 29,429 $1_52,170 New Text Underlined. [DELETED TEXT BRACKETED1 11 Ordinance No. 2581 -2011 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. A 11`EST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 2011 New Text Underlined [DELETED TEXT BRACKETED)) 12 M Village with a Past, CI with a Futrwre MO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 ,Illfl TO: City Council FROM: Rick Koch DATE: September 14, 2011 SUBJECT: Ordinance No. 2581 -2011, Increasing Revenues and Appropriations for State of Alaska Revenue Sharing 1992 The purpose of this correspondence is to recommend Council approval of the above - referenced ordinance and to provide supporting information. This ordinance increases General Fund revenues in the amount of 5149,089 and 53,081, as a result of the Legislature increasing the State -wide appropriation for Municipal Revenue Sharing from $60 million to $80 million, and for an increase in the State's PERS participation. The total increase in revenues is $152,170. This ordinance also appropriates funding and amends the budget for the following items: City Manager — Professional Services, 554,500 This increases the City Manager budget for professional services, specifically for contract legal services. This is caused by contracting for outside legal services for personnel issues and for land issues regarding CINGSA. Library — Repair & Maintenance, $17,600 This increases the Library budget for repair and maintenance, specifically for contract janitorial services. The increase in the size of the Library has resulted in bids for janitorial services to be in excess of the previously budgeted amount. Non - Departmental — Transfer to Other Funds, $17,470 This increases the budget amount for the Comprehensive Plan. Council initially appropriated the amount of City funding ($50,000) necessary to match and receive the maximum Kenai Peninsula Borough Grant ($50,000) for the Comprehensive Plan. Administration anticipated 13 additional City funding would be required subsequent to a defined scope of work being established. Administration anticipate a future appropriation of approximately $35,000 may be required to complete the Comprehensive Plan. Non - Departmental — PERS, $3,081 This increases the State participation in PERS contributions on behalf of the City. Parks, Recreation, and Beautification , Total = $59,519 This increases various personnel budget line items to support a permanent full -time "Parks and Recreation Operator" position. Currently there are two permanent full -time positions in the Parks, Recreation, and Beautification Departments, the Department Director and a Parks & Recreation Operator. This appropriation would provide the funding to add a second Parks & Recreation Operator. The specific job duties for this position would include gardening, horticulture, and other beautification activities. Over the past five years the year -round work -load for the Parks, Recreation, and Beautification Departments has increased substantially. The increase in work- load includes, but is not limited to: 1. Kenai Soccer Complex 2. Daubenspeck Family Park, including winter skating activities 3. Increased efforts in maintaining plantings /flowers and to do so earlier in the year, requiring winter planning /activities. 4. Personal Use Fishery 5. Trail Construction (future) 6. Irrigation (ongoing- future) 7. Snow removal at City Buildings This position was included in Administration's FY2012 budget until the City received the health insurance quote, at which time the Administration's request was removed from the budget presentation as were many other items. The revenues received by the City through the budget year to date, and anticipated revenues will support this position in the future. It is not reliant on what is probably a one -year increase in municipal revenue sharing. Thank you for your attention in this matter. 14 Sponsored by: Council Member Moore CITY OF KENAI ORDINANCE NO. 2582 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 7.05, "TAXATION OF REAL AND PERSONAL PROPERTY," ADDING A NEW SUB - SECTION 7.05.090, "PERSONAL PROPERTY TAX - ASSESSMENTS - WATERCRAFT," AND AMENDING SUB - SECTION 7.05.010, "PROPERTY SUBJECT TO TAXATION" TO PROVIDE FOR EXEMPTION FROM TAXATION ALL WATERCRAFT WITH AN OVERALL LENGTH OF LESS THAN TWENTY (20) FEET. WHEREAS, the City of Kenai currently imposes an ad valorem personal property tax on all watercraft within the City of Kenai; and, WHEREAS, Kenai Peninsula Borough (KPB) Code 5.12.150 establishes a flat tax schedule for the taxation of watercraft based upon the overall length of the watercraft; and, WHEREAS, the Borough's current Watercraft Flat Tax Schedule calls for a flat tax of $0.00 for watercraft with an overall length of less than twenty feet; and, WHEREAS, the difference in the taxes assessed between the Borough and City has led to frustration and confusion of tax payers; and, WHEREAS, a City exemption for watercraft with overall length less than twenty -feet, like the KPB taxing policy, would result in no tax due to the City on the watercraft, thereby reducing confusion and frustration expressed by City taxpayers; and, WHEREAS, AS 29.45 -050 (b)(2) authorizes a municipality to classify as to type and exempt or partially exempt some or all types of personal property from ad valorem taxes. 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 7.05.010 (a) of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.05.010(a), Property Subject to Taxation, is hereby amended as follows: (a) All real and personal property not expressly exempt by shall be subject to annual taxation at its full and true value based upon the actual value of the property assessed. This shall not apply to property subject to a flat tax and /or exempted from the ad valorem tax in this chapter. New Text Underlined. (DELETED TEXT BRACKETED) 15 Ordinance No. 2582 -2011 Page 2 of 3 (b) The rate of levy of tax shall be fixed by resolution of the City Council, but the aggregate thereof shall not exceed three percent (3 %) of the assessed value of the property assessed. f In addition to exemptions presently authorized by the Kenai Peninsula Borough, the inventory of a business held for resale in the normal course of that business is hereby classified as personal property exempt from taxation for the City of Kenai. Section 3. Amendment of Chapter 7.05 of the Kenai Municinal Code: The Kenai Municipal Code, Section 7.05, Taxation of Real and Personal Property, is hereby amended as by adding a new subsection 7.05.090, Personal property tax - Assessments - Watercraft, to read as follows: 7.05.090 Personal property tax - Assessments - Watercraft. (al For purposes of taxation, watercraft for which the United States Coast Guard certificate of number, or U.S. or foreign documentation, or State of Alaska Department of Motor Vehicles boat registration, or a State of Alaska Department of Fish and Game number has been issued, or other form of maritime licensing have been issued by January 1 of the tax year shall be subject to ad valorem taxes of the City. This shall not apply to any class of watercraft exempted from the ad valorem tax in this chapter, (b) For purposes of taxation, the City adopts the following classification schedule for watercraft based upon the overall length of the watercraft: Class Overall Length 1 Less than 15 feet 2 15 to Tess than 20 feet 3 20 to less than 25fcet 4 25 to less than 36feet 5 36 to less than. 60feet 6 60 to less than 100feet 7 100 or more feet in length I� For purposes of taxation Class 1 and 2 watercraft are hereby classified as personal property except from taxation for the City of Kenai. •en" -ip t Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined' [DELETED TEXT BRACKETED[ 16 Ordinance No. 2582 -2011 Page 3 of 3 Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011, ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: October 21, 2011. New Text rind erl med. [DELETED TEXT BRACKETED( 17 the G4ty Of/ KENAI, ALASKA Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch., City Manager From: Terry Eubank, Finance Director Date: August 31, 2011 Re: Ordinance 2582 -2011 Exempting watercraft less than twenty -foot in overall length from property tax. At the request of Councilor Moore, I have researched the feasibility and financial impacts of exempting watercraft with and overall length of less than twenty feet from taxation by the City. Currently the Kenai Peninsula Borough assesses watercraft using a flat tax schedule and the City assesses on an ad valorem basis. The Borough's flat tax schedule for watercraft is $0.00 for all watercraft with an overall length of less than twenty feet. The effect of the difference in taxing methodologies and the Borough's flat tax rate of $0.00 on watercraft with an overall length of less than twenty feet is taxpayers in the City with watercraft less than twenty feet receiving tax bills with no balance due to the Borough and a small balance due from the City. The finance department has received calls from citizens who were confused as to why the Borough charged no tax and the City is choosing to tax for minor amounts. There are currently ninety -five watercraft assessed on the City's behalf by the Borough with a total ad valorem value of $338,665 and generating annual tax revenue of $1,303.86 at the City's current mill rate of 3.85. The average tax bill to these ninety -five watercraft owners is $13.72. Exemption from taxation all watercraft with an overall length of less than twenty feet will reduce confusion on the part of taxpayers, create consistency in the elimination of taxes due on these watercraft between the Borough's taxing policy and the City's, and have a minimal revenue impact ($1,303.86) on the City. h ^f KENAI. ALASKA U Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2583 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $600 IN THE GENERAL FUND FOR A DONATION PROVIDED TO THE CITY FOR THE PURCHASE OF DISC GOLF EQUIPM ENT. WHEREAS, the Kenai Parks & Recreation Department received a $600 donation in August 2011 from the Kenai Eagle Disc Golf Association; and, WHEREAS, it is the desire of the Kenai Eagle Disc Golf Association that the donated funds be appropriated so that equipment may be purchased and installed at the Kenai Eagle Disc Golf Course; and, WHEREAS, the Parks & Recreation Department recommends these funds be used to help off -set the purchase of tee pads for the course. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Donations $600 Increase Appropriations: Parks - Operating and Repair Supplies $600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2161 day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: September 7, 2011 Adopted: September 21, 2011 Effective: September 21, 201.1 New Text Underlined; {DELETED TEXT BRACKETED] 18 the aty of,,, KEAI, ALASKA Ncy- "Kllaye with a Past, Gil with a Future,/ 210 Fidaigo Avenue, Kenai, Alaska 9961 1- 77942! w Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 1992 MEMO: I O: Rick Koch, City Manager ROM: Robert J. Frates, Parks & Recreation Director DATE: August 29, 2011 SUBJECT: Request Ordinance Appropriating Donated Funds – Ordinance No. 2583 -2011 The purpose of this correspondence is to recommend Council approve an ordinance appropriating funds in the amount of $600. The Kenai Parks & Recreation Department received these funds from the Kenai Eagle Disc Golf Association as a result of various tournaments sponsored by the association. In consultation with the Kenai Eagle Disc Golf Association, it has been determined that it is in the best interest of both entities that the funds be used to purchase tee pads for several fairways. 1 respectively request an ordinance appropriating these funds to the General Fund /Parks Operating and Repair Supplies Account to help pay for tee pads for use at the Kenai Eagle Disc Golf Course. 19 ehe c#sf KENAI, ALASKA Suggested by: Administration CITY OF ICENAI RESOLUTION NO. 2011 -67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF THE ARMY IN THE AMOUNT OF S253,844.50 TO COMPLETE A FEASIBILITY STUDY FOR THE KENAI RIVER BLUFF EROSION PROJECT. WHEREAS, the Secretary of the Army is authorized by Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010, Public Law 111- 85 to carry out structural and non - structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities; and, WHEREAS, the Lower Kenai River has eroded the Kenai River Bluff through the original town site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS, the Department of the Army, Corps of Engineers, has received multiple Congressional appropriations to undertake planning and studies to determine the feasibility of the construction of an erosion control structure to halt the erosion of the Kenai River Bluff in the area of the original town site of Kenai; and, WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99 -662, as amended (33 U.S.0 2215(a)), specifies the cost sharing requirements applicable to this study, which requires a fifty percent (50 %) local share for costs which exceed $100,000.00; and, WHEREAS, the total estimated cost of the study is $640,989.00, and the estimated non- Federal Sponsor's contribution is $270,494.50, less an in -kind contribution of $16,500.00; and, WHEREAS, the State of Alaska has provided appropriations in the total amount of $4,000,000.00 to the City of Kenai for this project which may be used for the non- Federal Sponsor's contribution; and, WHEREAS, for the project to move forward it is necessary to prepare the final Feasibility Study which will include the following tasks: 1. Project Management 2. Project Formulation 3. Economic Analyses 4. Environmental Coordination and Completion of National Environmental Policy Act (NEPA) Documentation 20 Resolution No. 2011 -67 Page 2 of 2 5. A Biological Assessment of Beluga Whales in the Kenai River below the Warren Ames Bridge, submitted to the National Marine Fisheries Service (NMFS) 6. A Biological Assessment of Stellar Sea Lions at the mouth of the Kenai River, submitted to the NMFS 7. Real Estate Documentation 8. Engineering 9. Cost Estimating NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into an agreement with the Department of the Army in the amount of $253,844.50 to complete a Feasibility Study for the Kenai River Bluff Erosion Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21.st day of September, 2011. PAT PORTER, MAYOR ATTEST: Corene Hall, Acting City C Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED 21 ilViilaye with a Past, n with a Future's VIN: VIO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlti 1992 TO: City Council FROM: Rick Koch DATE: September 14, 2011 SUBJECT: Resolution 2011-67 The purpose of this correspondence is to recommend Council approval of the above - referenced resolution. The effect of this resolution is to authorize the City Manager to enter into an agreement with the US Army, Corps of Engineers (COE), for the creation of a "Final Feasibility Study" to be accomplished by the COE. The City would be responsible to provide funding in the estimated amount of $253,994.50, and for in -kind contributions of $16,500.00, The source of the City's matching share is from State of Alaska capital appropriations totaling $4,000,000.00 of which 52,250,000.00 has already been appropriated to this project by the City. This Study, including the National Environmental Policy Act (NEPA) documentation, and Environmental Impact Statement (EIS), is generally the final planning document prior to final design and construction. It is Administration's view that this is very positive step for this important project. The attached draft of the agreement contains the City's written comments which are being incorporated into the document by the COE. Thank you for your attention in this matter. 22 AGREEMENT BETWEEN. THE DEPARTMENT OF THE ARMY AND CITY OF KENAI. FOR THE KENAI RIVER BLUFF EROSION THIS AGREEMENT is entered into this day of , , by and between the Department of the finny (hereinafter the "Government "), represented by the U.S. Army Engineer, Alaska District and City of Kenai (hereinafter the "Non- Federal Sponsor "), represented. by TITLE: OF THE SPONSORS REPRESENTATIVE SIGNI_NG.THE AGREEMENT. 4,k_ WITNESSETH,THAT: WHEREAS, the Secretary of the Army is authorized by Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010, Public Law 111 -85 (hereinafter "Section 11 6") carry out structural and non- structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities; WHEREAS, the Government received a letter; dated ,{date for month day, year) , from the City of Kenai in which it stated its desire to participate in a. feasibility study under Section 116 at Kenai , Alaska, and in which it acknowledged the non - Federal financial: responsibilities for the study and aproject, if one is recommended; WHEREAS; the Government and the Non - Federal Sponsor desire to enter into an agreement (hereinafter the "Agreement ") to complete the feasibility study (hereinafter the "Study" as defined in Article hA. of this Agreement) and to share equally the costs of the Study that exceed 5100,000; WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99 -662, as amended (33 U.S.C. 2215(a)), specifies the cost - sharing requirements applicable to the Study;, WHEREAS, the Non- Federal Sponsor desires to receive credit toward its required contribution of funds for the Study in accordance with the provisions of this Agreement for certain work (hereinafter the "in -kind contributions" as defined in Article l;I. of this Agreem that are necessary to prepare the ° feasibility report; WHEREAS, the Non- Federal Sponsor may offer, in wr ting, for the Government to accelerate use of all or a portion of its required contribution of funds for the Study; 23 t) REAS., the Government arid the Non - Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost - sharing and financing of the Study in accordance with the terms of this Agreement; and WHEREAS, in, carrying out this Agreement, consistent with Section 2003(0 of the Water Resources Development Act of 2007, Public Law 110 -114, the Government and the Non - Federal Sponsor are committed to the goal of furthering partnership and cooperation, including maintaining -a relationship in which communication, teamwork, and trust help to prevent disputes an.d:'further the successful completion of NOW, THEREFORE, the Government and the Non - Federal Sponsor agree as follows: ARTICLE 1— DEFINITIONS A. The teen. "Study" shall mean. the activities and tasks required to identify and evaluate alternatives and the preparation of a decision document that, when appropriate, recommends a coordinated and implemcntable solution for ongoing erosion on the north bank of the Kenai River at Kenai,. Alaska. The term includes the in -kind contributions described in paragraph L of this Article. B. The term "total study costs" shall 'mean the sumofall costs incurred by the Non- Federal Sponsor and the Goverrunent in accordance with the terms of this Agreement directly related to performance of the Study plus the costs of the Study incurred by the Government prior t6 the effective date of this Agreement. Subject to the provisions of Agreement, the Mutt shall include, but is not necessarily limited to; the Government's costs of plan formulation and evaluation, including applicable economic, engineering, real estate, and environmental analyses; the Government's costs of preparation of the decision document for the Study; the amount of credit the Government affords for in- kind confibutions in accordance with Article I1.B.4. of this Agreement; the Government's, costs of independent technical review and other review processes required by the Government; the Government's supervision and administration costs; the Non - Federal Sponsor's and the Government's costs of participation in the Study Coordination Team in accordance with Article III of this Agreement; the Gevernr-nent's costs of contact dispute settlements or awards; and the Non Federal Sponsor's and the Government's costs of in accordance with Article VI.B. and Article VLC, of this Agreement. The term does not include the first SI 00,000 incurred by the Government for the Study; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies or feasibility studies under any other agreement or program; the Non- Federal Sponsor's costs of negotiating this Agreement; or any costs of negotiating a project cooperation agreement for design and construction of a project or separable eletnent thereof. C. The term "period of study" shall mean the time from the effective: date of this Agreement to the date that the decision document For the study is duly approved by the Government or the date that this Agreement is terminated in accordance with Article dX of this 2 24 Agreement. D. The term "financial obligations for the study" shall mean the -financial obligations of the Government and the costs for the inland contributions, as determined by the Government, that result or would result in costs that.are. or would be included in total study costs. E. The term "non - Federal proportionate share" shall mean the ratio of the stun of the costs included in total study costs for the in -land contributions', as determined by the Government, and the Non - Federal Sponsor's contribution of funds required by Article 11.13.1 1. of this Agreement to financial obligations for the study, as projected by the Government, F. The tern "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non - Federal contn'bution required as a. matching share therefor. G. The tenn "fiscal year" shall mean one year beginnirrg on October 1 and ending on September 30. H. The term "PMP" shall mean the project management plan, and any modifications thereto, developed by the Government, and agreed to by the Non- Federal Sponsor, that specifies the scope, cost, and schedule for Study activities and guides' theperfornrance of the Study through the period of study. I. The tern "in -kind contributions " shall mean planning; supervision and administration, services, materials, supplies, and other in -kind services that are performed or provided by the Non- Federal Sponsor after the effective date of this Agreement in accordance with the PMP and that are necessary for performance of the Study. J. The tetni "sufficient invoice" shall mean: documentation provided by the Nan-Federal Sponsor containing the following; (1) a written certification by the Non - Federal Sponsor to the Government that it has made specified payments to contactors, suppliers, or employees for in- kind contributions and contributions under Article III and Article VI of this Agreement in accordance with the provisions of this Agreement; (2) copies of all relevant invoices and evidence of such payments; (3) written identification of costs that have been paid with Federal program funds; and (4). a written request for credit of a sum certain amount not in excess of such specified payments. ARTICLE IT - OBLIGATIONS' OF THE GOVERNMENT AND THE NON - FEDERAL SPONSOR A. The Government; subject to receiving funds appropriated by the .Congress of the United States (hereinafter the "Congress ") and using those funds and funds provided by the Non- Federal Sponsor, expeditiously shall conduct the Study, except for the in-kind contributions, applying those 3 25 procedures usually applied to Federal projects, in accordance with Federal laws, regulations, and policies. The Non- Federal Sponsor expeditiously shall perform or provide the in -land contributions in accordance with applicable Federal, State; and Local laws, regulations, and policies. L The Government shall not issue iie solicitation for the first contract for the Study or commence the Study using the Government's own forces until the Non - Federal. Sponsor has confirmed in writing its willingness to proceed with the Study. 2. To the extent possible, the Govenment. and the Non- Federal Sponsor shall . conduct the Study in accordance with thePMP, 3: The Government shall afford the Non- Federal Sponsor the' opportunity to review and comment on all products that are developed by contractor by Government personnel during the period of The Govermnent shall consider in good faith the comments of Non - Federal Sponsor; but the final approval of all Study products shall be exclusively within the control of Government. 4, The Government shall afford the Non - Federal Sponsor the opportunity to review and comment on the solicitations for all Government contracts and the relevant scopes of work prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders, prior to the issuance to the contractor of a Notice to Proceed. In any instance where providing the Non- Federal Sponsor with notification of a contract modification or change order is not possible prior to issuance of the Notice to Proceed, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof In the event the Government performs all or some of the work on the Study using its own forces, the Government shall afford the Non- federal Sponsor, the opportunity to review and comment on relevant scopes of workpriorto commencement of such work using the Government's own forces. The Government shall consider in good faith the comments of Non- Federal Sponsor, but the contents of solicitations, scopes of work, award of contracts or work: on the Study using the Government's own forces; execution of contract modifications, resolution of contract claims, and performance of all work CM the Study, except for the in-kind contributions, shall be exclusively within the control of the Government. 5. At the time the U.S. Army Engineer, Alaska District (hereinafter the "District Engineer ") fiirmshes'the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Study, the District Engineer shall furnish a copy thereof to . the Non-Federal Sponsor.. 6. The Non- Federal Sponsor shall afford the Government the opportunity to review and.eamment on the solicitations for all contracts and relevant scope of for the in- kind contributions prior to the Non - Federal Sponsor's issuance of such solicitations. To the 4 26 extent possible, the Non - Federal Sponsor shill afford the Government the opportunity to review and comment on all proposed contract modifications, including change orders, prior to the issuance to the contractor of a Notice to Proceed. In any instance where providing the Goverment with notification of a contract modification or change order is not possible prior to of Notice to Proceed, the Non - Federal Sponsor shall provide such notification in g at the earliest date possible. To the extent possible, the Non- Federal Sponsor also shall afford the Government the opportunity to review and comment on all contract- claims prior to resolution thereof.. In the event the Non- Federal Sponsor performs all or some of the in -kind contributions using its own forces; the Non - Federal Sponsor shall afford the Government the opportunity to review and continent on the relevant scopes of work prior to commencement of such work using the Non - Federal Sponsor's own forces. The Non - Federal Sponsor shall consider in good faith the comments of the Government, but the contents of solicitations, scopes of award of contracts, execution of contract modifications, resolution of contract claims, and performance of work on the in -ldnd contributions shall be exclusively within the control of the Non - Federal Sponsor, except as otherwise required by the provisions of this Agreement; including compliance with applicable Federal, State, and local laws, regulations, and. policies. The Non - Federal Sponsor shall include appropriate provisions in its contracts for the to -kind contributions, as . necessary, to ensure compliance with such laws, regulations, and policies. 7. At the time the Non-Federal Sponsor furn ishes a contractor with a: notice of acceptance of completed work for each contract awarded by the Non - Federal Sponsor for the in- kind contributions, the Non - Federal Sponsor shall furnish a copy thereof to the Government. 8. Notwithstanding paragraph A.4. and paragraph A.G., if the award of any contract for work on the Study, or continuation of work on the Study using the Government's o the Non - Federal Sponsor's own forces, would result in total study casts exceeding Government and the Non - Federal Sponsor agree to defer award of that contract, award of all remaining contracts for work on the Study, and contmnahon of work on the Study using the Government's or the Non - Federal Sponsor's own forces until such time as the Government and the Non - Federal: Sponsor agree in writing to proceed with further contract awards for the Study or the continuation of work on the Study using th' Government's or the Non-Federal Sponsor's own forces, but in no event shalt the award of contracts or the continuation of work on the Study using the Government's or the Non - Federal Sponsor's own forces be deferred for more than three years. If the Government and the Non-Federal Sponsor agree to not proceed or fail to reach . agreement on proceeding with further contract awards for the Study, or the continuation of work on the Study using the Government's or the Non- Federal Sponsor's own forces, the parties shall terminate this Agreement and proceed in accordance with Article IX.D. of this Agreement. B. The Non-Federal Sponsor shall contribute50 percent of total study costs n accordance . with the provisions of paragraph. below: I. The Non- Federal Sponsor shall provide a contribution of hinds as det 5 27 4.4 3131 r a. Ifthc Government projects at anytime that the collective of the Non - Federal Sponsor's contributions listed in the nextsent9nce will be less than the Non- Federal Sponsor's required share of 50 percent of total study costs; the Government shall determine the amount of funds that would be necessary to meet the Non- Federal Sponsor's required share prior to the Government affording credit for the in -kind contributions pursuant to paragraph B.4: of this Article. To determine such amount, the Government shall subtract from the Non - Federal Sponsor's required share of 50 percent of total study cost the collective value of the Non- Federal Sponsor's eontibutions under Article III and Article VI is Agreement. riy mfas. 40,030 b„ The - Non - Federal Sponsor shall provide a contribution of funds in the amount determined by this paragraph in accordance with Article IV.B. of this Agreement. To determine such required contribution of funds, the Government shall reduce the amount determined in accordance with paragraph B.l.a. of this Article by the amount of credit the Government projects will be afforded for the in -land contributions pursuant to paragraph. B:4. of this Article; y otftah .4.06J41 1404W-1 2, The Government, subjept to the availability of funds and as limited by paragraph B.5.. of this Article, shall refund or reimburse to the Non- Federal Sponsor any contributions in excess of 50 percent of total study costs.tf the Government detenriines at any that the collective value of the fbllowing has exceeded 50 percent of study costs: (a) th e Non- Federal Sponsor's contribution of funds required by paragraph B.l.b. of this Article; (b) the amount of credit to be afforded for the in -kind contributions pursuant to paragraph 8,4. of this Article; and (c) the value of the Non- Federal Sponsor's contributions under Article III and Article VI of this Agreement. C. Notwithstanding any other provision of this Agreement, Federal financial participation in the Study is limited as described in this paragraph, In the event the Goverment projects that the amount of Federal funds the Government will make available to the Study through the then - currentfiscal year, or the amount of Federal funds the Government will make availablefor the Study through the upcoming fiscal year, is not sufficient to meet the Federal: share of total study costs that the Government projects to be incurred through the then- current or upcoming fiscal year, as applicable, the Government shall notify the Non - Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Study will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Study, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article IX.C. of this Agreement. I5, Upon conclusion of the period of study, the Government shall conduct an accounting, in accordance with Article IV.C. of this Agreement, and furnish the results to the Non- Federal Sponsor. E. The Non - Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Study under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. 28 F. This Agreement shall not be construed: as obligating either party to implement project. Whether the Government t„hceeds with implementation of the project depends upon, among other things the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principles and Guidelines' for Water and Related Land Resources. Implementation Studies and with the budget priorities of Administration. G. The Non - Federal. Sponsor may offer in writing to accelerate• provision to the Government of all or a portion of its contribution of funds required by paragraph. B.l.b. of this Article for immediate use by the Government for work on the Study. Upon receipt of any such offer from the Non - Federal Sponsor, the Government shall seek the approval and acknowledgement required to accept and use the accelerated • funds. Upon receipt of such approval and acknowledgement, the Government shall notify the Non - Federal Sponsor in writing of receipt of such approval and acknowledgement. Upon receipt of such accelerated funds from the Non - Federal Sponsor, the Government shall use such funds for work on. the Study., However, in no event shall the amount of funds accepted and used by the Government pursuant to this paragraph exceed the estimate of the Non- Federal Sponsor's contribution of funds required by paragraph B.1.b. of this Article minus any funds previously obligated by the Government for work on the. Study as of the date the Government accepts the offered funds. FL. As Federal, appropriations are made available to pay the Federal share of the Study, the Government shall afford credit for the funds provided in accordance with paragraph G. of this Article toward the Non - Federal Sponsor's contribution of funds required. by paragraph B.1 h. of this Article. ARTICLE III - STUDY COORDINATION TEAM A. To provide for consistent and effective cotnmunication, the Non - Federal Sponsor and theGovernment, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Study Coordination Team. Thereafter, the Study Coordination Team shall meet regularly until the end of the period of study: The Government's Project Manager and a counterpart named by the Non - Federal Sponsor shall co- chair the Study Coordination Team. B. The Government's Project Manager and the Non- Federal Sponsor's co keep the Study Coordination Team informed of the progress of the Study and of si issues and actions, and shall seek the views of the Study Coordination Team on ma Study Coordination Team generally oversees, C. Until the end of the period of study, the Study Coordination Team shall generally oversee the Study, including matters related' to: plan formulation and evaluation, including applicable economic, engineering, real estate, and enviionmentai.analyses; scheduling of reports and work products; independent technical` review and other review processes required by the erpart shall ficant pending rs that the 7 29 Governnent; completion of all necessary environmental coordination and documentation; contract awards and modifications; contract costs; the Government's cost projections; the performance of and scheduling for the in -kind contributions; determination of anticipated Intuit requirements for real property and relocation requirements and performance of operation, maintenance, repair, rehabilitation, and replacement of the proposed project including anticipated requirements for permits; and other matters related to the Study. This oversight: of Study shall be consistent with. the PMP. D. The Study Coordination Team may makereconunendations to the District Engineer on matters related to the Study that the Study Coordination Team generally oversees, including suggestions to avoid potential .sources of dispute:, The Government in good faith shall consider the recommendations of the Study Coordination Team, The Government, having the legal authority and responsibility for performance of Study except for the in -kind contributions; has the discretion to acceptor reject, in whole or impart, the Study Coordination Team's recommendations.. On matters related to the in -kind contributions, that the Study Coordination Team generally oversees, the Study Coordination Team may make recommendations to the Non - Federal Sponsor including suggestions to avoid potential sources of dispute. The Non- Federal Sponsor in good . faith shall consider the recommendations of the Study Coordination Team. The Non - Federal Sponsor, having the legal authority and responsibility for the in -kind contributions, has the discretion to accept or reject, in whole or in part, the Study Coordination Team's recommendations except as otherwise required by the provisions of this. Agreement, including compliance with applicable Federal, State; or local laws or regulations, E The Non- Federal Sponsor's costs of participation in the Study Coordination. Team shall be included in total study costs and shared in accordance with the provisions of this Agreement; subject to an audit in accordance with Article W.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Study Coordination Team shall be included, in total study costs and shared in accordance with the provisions of this Agreement ARTICLE IV METHOD OF PAYMENT A. In accordance with the provisions of this paragaph, the Government shall maintain current records and provide to the Non- Federal Sponsor current projections of costs, financial obligations, the contributions provided by the parties, the costs included in total study costs for the in -kind contributions determined in accordance with Article ]LB.3. of this Agreement, and the credit to be afforded for the in -/rind contributions pursuant to Article II.B.4, of this Agreement. 1. As of the effective date of this Agreement, total study costs are projected to he $ altati &1.; the value of the Non - Federal Sponsor's contributions under Article III and Article VI of this Agreement is projected io -bc., ; the amount of fiends determined in accordance with Article II.B.1.a. of thi Agreement is projected to be ,noniron = ;: the costs .4k4 Say 1 41 W-jv 4v44. & 30 included in total study costs for the in -kind contributions determined in accordance with. Article 11.13.3. of this Agreement are projected to be $jiol (,SO ; the credit to be afforded for the in -hind contributions pursuant to Article II B 4. of this Agreement is projected to be $ ; the Non - Federal Sponsor's contribution of funds required by Article [LB.1.6, of this Agreement is projected to be $ 251,7 e; and the non Federal proportionate share is projected to be 3 el, 60 percent. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non - Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2, By and by each quarterly anniversary thereof until the conclusion of the period of study and resolution of all relevant claims and appeals, the Government shall provide the Non - Federal. Sponsor with a- report setting forth all contributions provided to date and the current projections of the following: total study costs; the value of the Non - Federal Sponsor's contributions under Article III and Article VI of this, Agreement; the amount of funds determined . in accordance with ArticleILB.1.a. of this ::Agreement; the costs included in total study costs for the in -kind contributions determined in accordance with Article II B 3 of this Agreement; the credit to be afforded for the in -kind contributions pursuant to Article II.B.4. of this Agreement; the Non - Federal Sponsor's contribution of fiords required by Article II.B.1..b. of this Agreement, and the non- Federal proportionate share. B. The Non - Federal Sponsor shall provide contribution of funds required by Article II.B.1 b. of this Agreement in accordance with the provisions of this paragraph. Ga. I. Not less than I_Fi11-in -days Minifmutmof3tkj" calendar days prior to the scheduled date for issuance of the solicitation for the first contract for work on the Study or commencement of work on the Study using •the Government's own forces, the Govenunent:shall notify the Non - Federal. Sponsor in writing of such scheduled date and the funds the Goverment detemiines to be required ..from the Non - Federal Sponsor to meets (a) the non- Federal proportionate share of financial obligations for the study incurred prior to the commencement of the period of study; (b) the projected non - Federal proportionate share of financial obligations for the study to be incurred for such contract; and (c) the projected non - Federal proportionate share of financial obligations for the study using the Government's own forces through the first fiscal year. Not later than such scheduled date, the Non- Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, :Alaska District, J4" to the District Engineer, or verifying to the satisfaction of the Government that the Non - Federal Sponsor has deposited such required funds in £113 escrow or other account acceptable to the Goverranent, with interest accruing to the Non - Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Governnentfor such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with.procedures established by the Government. 2. Thereafter, until the work on the Stud: is complete, the Government shall 31 notify the Non- Federal Sponsor in writing of the funds the Government determines to be required from the Non- Fcdcral, Sponsor, and the Non - Federal Sponsor shall provide such funds in accordance with the provisions of this paragraph. a. The Government shall notify the Non - Federal Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for work on the Study, of the funds the Government determines to be required' from the Non - Federal Sponsor to meet the projected non-Federal share of ,financial obligations for the study to be incurred for such contract. No later than such scheduled date, the Non- Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms .specified in paragraph B.1. of this Article. b. The Government shall notify the Non - Federal Sponsor in writing, no later than 60 calendar days prior to the beginning of each fiscal in which the Government projects that it will make financial obligations for the study using the Government's own forces, of the funds the Government determines to be required from the Non- Federal. Sponsor to meet the projected non - Federal proportionate share offinancial obligations for the sudy using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year, the Non - Federal Sponsor shall make the -full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms' specified in paragraph B.I. of Article. 3. The Government shall draw from the funds provided by t]ie Non- Federal Sponsor such sums as the Government deems necessary, when considered with any credit the Govenunentprojects will be afforded for the in -kind contributions-pursuant to Article ILB.4, of this Agreement; to cover: (a) the non - Federal proportionate share offinancial obligations for the study incurred prior to the commencement of the period of study; and (b) the non - Federal proportionate share offinancial obligations for the study as financial obligationss for the study are incurred. If at any time the Government determines that additional funds will be needed from the Non- Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations for the current contract or to cover the Non-Federal Sponsor's share of such financial obligations for work performed using the Government's own forces in the current fiscal year, the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within nmt- r- ctaysimt x ceted 60 calendar days from receipt of such notice, the Non- Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this .Article. C. Upon conclusion of the period of study resolution of all relevant claims and . appeals, the Government shall conduct a final accounting and furnish the Non - Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals prevent a final accounting from being conducted in timely manner, the Government shall conduct an interim accounting and furnish the Non - Federal Sponsor with written notice of 10 32 the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved; the Government shall amend the interim accounting to complete the final accounting and furnish. the Non- Federal. Sponsor with written notice of the results of such final accounting. The interim or final accounting; as applicable, shall determine total study costs; each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non- Federal Sponsor's total required share of total study costs exceeds the Non - Federal Sponsor's total contributions provided thereto, the Non - Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall: make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Alaska. District, J4" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim of final accounting, as applicable, show that the total contributions provided by the Non - Federal Sponsor for total study costs exceed the Non-Federal Sponsor's total required share thereof, the Government, subject to the availability of funds and as Limited by Article ILB.5. of this Agreement, shall refund or reimburse the excess amount to the Non- Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal , Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non - Federal Sponsor, the Government shall seek . such appropriations as are necessary to make the refund or reimbursement: D. Any delinquent payment: owed by the Non- Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment becarie delinqueat,.or auctioned immediately p Tonto the beginning of each additional 3 month period if the period at-delinquency exceeds 3 months. ARTICLE V - DISPUTE RESOLUTION As. a -condition .precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute thiough:negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non - binding alternative dispute resolution with a qualified third party acceptable to both parties, Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS AND. AUDIT 11 33 A. Not later than 60 calendar days after#tte effective. date of this Agreement, the Government and the Non- Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedwes -shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20, The Government and the Non-Federal Sponsor shall maintain such books,.: records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted wider applicable Federal laws and regulations, the Government and the Non - Federal Sponsor shall each allow the other to inspect such booles, records, documents, or other evidence B. In accordance with 32 C.F.R. Section 33,26, the Non - Federal Sponsor is responsible: for complying, with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 - 7507), as implemented by OMB Circular No. A -133 and Department of Defense Directive 7600:10. Upon request of the Non - Federal. Sponsor and to the extent permitted -under applicable Federal laws and regulations, the Government shall provide to the Non- Federal. Sponsor and independent auditors any information necessary, to enable an audit of the Non- Federal Sponsor's activities under this Agreement. The costs of any non - Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisibns of OMB Circulars A -87 and A- 133,, and such costs as are allocated to the Study shall be included in total study costs and shared in accordance with the provisions of this Agreement. C. In accordance with 3.1 U.S.C. 7503, the Government may conduct audits in addition to any audit that the Non- Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996: Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A -87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this pamgraph.shall be included in total study costs and shared in accordance with the provisions of this Agreement. ARTICLE VII. - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement; the Non - Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 ofthe Civil. Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Anny Regulation 600 -7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army ". 12 34 ARTICLE VIII, -. RELATIONSHIP OF PARTIES A. In the exercise of their respective- rights and obligations under this .Agreement, the Government and the Non - Federal Sponsor each shall actin. an independent capacity, and shall riot be considered the officer, agent, or employee of each other. B. In the exercise of its rights and obligations under this Agreement; no party shall provide, without the consent of other parties to this Agreement, any contractor with a release that waives or purports to waive any rights that any other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE IX TERMINATION OR SUSPENSION A. Prior to conclusion of the period of study, upon 30 calendar days written notice to the other party, either party may elect without penalty to terminate this Agreement or to suspend future performance under this Agreement. In the event that either party elects to suspend future performance under this Agreement pursuant to this paragraph, such suspension shall remain in effect until either the Government or the Non - Federal.. Sponsor elects to terminate this Agreement. B. If at any time the Non - Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil. Works), shall terminate this Agreemeit or. suspend future performance under this Agreementuniess he determines that continuation of performance of the Study is in the interest of the United States or is necessary in order to satisfy agreements with, any other non - Federal interests in connection with the Study. C, in the event future performance under this Agreement is suspended pursuant to Article 110. of this.Agreernent, such suspension shall. remain in effect until such time that the Government notifies the Non - Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total study costs the Government projects to be incurred through the then- current or upcoming fista/ year, or the Goverrunent or the Non- Federal Sponsor elects to terminate this Agreement. D. In the event: that this Age= ent. is terminated pursuant to this Article, the parties shall conclude their activities relating to the Study and conduct an accounting in accordance with .Article IV.C: of Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Study and an equal percentage of the total funds contributed by the Non - Federal Sponsor in accordance with Article ILBs Lb of this Agreement as a contingency to pay costs of'terniination, including any costs of resolution of contract claims and contract modifications. Upon termination of this Agreement, all data and information generated .as part of the Study shall 'be.made available to the parties to the Agreement. 13 35 E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. ARTICLE X - NOTICES A. Any notice; request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first - class, registered; or certified mail, as follows: If to the Non- Federal Sponsor: Title & Address of person. to receive notices If to the Govek net CEPOA -PM -C US Army Corps of Erxg P.O, Box 6898 JEER, AK 99506 -0898 Alaska District L' B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in. this Article. C. Any notice, request; demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XI - CONFIDENTIALITY To the extent permitted by the laws govemirig.each party, the parties agree -to maintain the conixdeniiaitty of exchanged information when requested to do so by the providing parry. ARTICLE XII - THIRD PARTY RIGHTS; BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed; to create any rights, conifer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. ARTICLE XIII - OBLIGATIONS OF 14 36 TUBE PROPRIATIONS A. Nothing herein shall constitute appropriations by the of the obligation would be inconsistent with The first 3 blanks identify the or be deemed to constitute, an obligation of of, , where creating such an of the of e body that.analses the .appropri e rid the ion on next 3 blanks provide the specific citation to the constitutional or statutory limitat cornmittina future appropriations B. The Non - Federal Sponsor intend to fulfill its obligations under this Agreement, The Non - Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that year, and shall use all reasonable and lawful means to secure those appropriations. The Non - Federal Sponsor reasonably believes thatt funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, the Non - Federal Sponsor shall use its best cffons to satisfy any requirements for payments or contributions of under this Agreement from any other source of funds legally available for this purpose: Further, if the Non- Federal Sponsor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Governtnent's.interests related to this .Agreement. S WHIEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the, DEPARTMENT OF THE ARMY CITY OF KENAI BY BY: DATE: Reinhard W:. Koenig Colonel; Corps of Enginec s District Engineer DATE: 15 37 [TYPED NAME] [TITLE IN FULL] CERTIFICATE OF AUTHORITY T, , do hereby comfy that I am: the principal legal officer of the City ofKenai, that the City of Kenai is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kenai in connection with the feasibility study for the Kenai River Bluff Erosion, and to paydamages, if necessary, in the eventof the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the City of Kenai have acted . within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 . [SIGNATURE] [TYPED NAME] [Ti, I LE IN FULL] 16 38 CERTIFICATION 'REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract; the making of any Federal pant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation; renewal, amendment, or modification of any Federal contract, pant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence officer or employee of any agency, a Member of Congess,.an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan; or cooperative agreement, the undersigned shall .complete and submit: Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, Loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C, 1352. Any person who fails to file the required certification shall be subject :to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 'SIGNATURE OF FCSA SIGNATORY] [TYPED NAME] [TITLE IN FULL] DATE 17 39 c4 1 Kenai River Bluff Erosion Project' Decision Document Phase Schedule, Scope, and Budget 1.. This schedule scope and budget has been prepared in support of the PMP for the decision document phase of the Kenai River Bluff Erosion project. 2. Project Location: Kenai, Alaska 3, Project Description: There is ongoing erosion of a one -mile: portion of steep bluff along the north bank of the Kenai River in the City of Kenai, Alaska, This erosion Impacts property at the top of the bluff and results in relocation of buildings, utilities, and other infrastructure. The decision document will present the planning process and recommend a long -term solution to halt the erosion of the bluff and stabilize the slope. Additionally the decision document; will evaluate and document the non - federal sponsor's ability to pay in accordance with 33 U.S:C 2213(m). 4. Authority: This decision. document Is prepared under the authority of Section 116 of the Energy and Water Development and Related. Agencies Appropriations Act, 2010, Public Law 111-85, which contained the following language. The Secretary of the Army is authorized to carry out structural and non - structural projects for storm damage prevention and reduction, coastaterosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities: Provided, That the non - Federal share of any carried out pursuant to this section shall be no more than 35 percent of the total cost of the project and shall be subject to the ability of the non - Federal interest to pay, as determined in accordance with 33 U.S.C. 2213(m). 5. Project Delivery Team Name Role /Responsibility Organization Dave Martinson Project Manager PM -C City Manager City of Kenai EN -CW -EC Lorraine Cordova Economist Mike Salyer Environmental EN -CW -ER Dee Ginter �raulics and Hydrology Plan Formulator EN-MN-MR EN -CW PF Clarke Hemphill AI Arruda Cost Engineering EN -CE Pat Riley Real .'Este te: RE -RS Don Tybus Value - Engineer EN Geotechnical Constmcfion Contracting 40 5. Study Tosko — Theb`|owjnQaoa generalized de riod nf tasks be accomplished for the completion decision dnounTent phase .ot the /project. Technical reports have been prepared for the Kenai River Bluff Erosion project. The decision document will use oo much existing information aa possible from the eisting reports. See the attached budget for actual tasks and cost by discipline for the follovving a- Project Management ' This effort will Include Project Management, Study Management, and CW branch su rthytkeChief and administrative considered an ongoing task and therefore is not included in the schedule, Study rnanagement will include scheduling of meetings, modifying scope, and other miscellaneous management activities necessary to complete this scope of work. Project management activities include management of financial management software, budgetary reporting, and normal coordination with the local sponsor. The local sponsor will also perform similar activities related to the project for managing local sponsor funding, coordination, and revievv. PM will also be responsible for drafting, negotiating, and approval the agreement for any follow-on phase, In addition, activities under this item include CW Branch management and support of study activities such as coordination meetings, processing funding requests, travel orders etc. b. Project Formulation — This activity is the effort needed toprepare the decision document, finalize the report approval, respond to comments generated by HQUSACE, &3ACN\.and OMB, publishing final report, revising the reuien/p|onasnecassary.and assisting with the execution uf the VE and 4TR activities for the project, F`F will also assist in the coordination, development and negotiation of any follow-on agreement; and manage the duy'to-dayactivities n[ the study team including coordination oi study prcducts for inJusion.in the decision docurnent as necessary. c. Economics This oh analyses needed for the decision d cument including the ability to pay analysis and respond to comments generated bv HC)USACE,/AS4(CVV), and OMB, YKithuuL'prjec1m/ith+prjeot. and damage analysis be prepared usirig prevcus methodologies and existing data as much as possible. d. Environmental — This activity will include action necessary to complete the Federal portion of environmental coordination during the study including coordinating the completion of NEPA and other associated activities, Coordination act reports will be addressed as needed. Cultural resources will be coordinated with the State Historic Preservation Office (SHPO) and a Memorandum of Agreement will be prepared if The Kenai River Bluff Erosion project project is Iocated withib the rane .of several specie flstect under the Endangered Species Act, ao identified bythe National Marine Fisherie Semi8eiNNlFS>, Cook Intel beluga whale (endangered); The Cook inlet population ofbeluga whales was Tisted as endangered in 2008 and the critical habitat designated in 2009 explicitly includes "waters of the Kenai River below the Warren Ames Bridge at Kenai, /\|aska''. A Biological Assessment will be prepared and submitted to the NMFS. 41 • Steller sea. lions (endangered'— Western Distinct Population) :. NMFS also identified Steller sea lions as occurring at the mouth of the Kenai River in a letter dated 14 Feb 2011, although they are rarely found in upper Cook Inlet. e. Real. Estate — This activity will include preparation of typical real estate plan documentation done by the Corps for a decision document. Land requirements will be developed for the recommended plan and an assessment of the non- federal sponsors RE acquisition capability will be prepared for the real estate plan, f. Engineering — These activities include the extraction of engineering, geotechnidal, survey, design, and cost estimates information from the existing technical reports as necessary for inclusion in the decision document, Cost Estimating — The cost estimates prepared in the g. In -kind Services — These activities are performed by the non- federal sponsor for credit which is counted as part of the non - federal sponsor share of the total study costs. In -kind services include non- federal sponsor study management, attendance at study meetings, and other tasks and products accomplished for the study. In -kind services must be scoped, costed, and documented and approved as sufficient for study purposes with respect to quality and acceptability prior to credit allowance. 6. Schedule (Assumes Optimal Funding) Task: Completion Date Feasibility Report. Approval PED Agreement. Executed 7. Budget See Attached Spreadsheet 8. Assumptions. • No additional work needed on the Geotec documents for inclusion as the geotec appendix for the decision document, • No additional survey work needed for the decision document. m The required NEPA documentation and process will be for an EA. No Ely twill be required. m There will be no Safety Assurance Review required. • VE will be accomplished during PED phase and will not be needed in the decision document phase. • Final report submittal will be 1 year and final approval of report will be 18 months after the FCSA is executed. 42 rdy if" KENAI.ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO COASTAL PAINTING FOR JANITORIAL SERVICES FOR THE KENAI COMMUNITY LIBRARY FOR THE TOTAL AMOUNT OF S57,600.00 WHEREAS, the following bids were received on August 10, 2011: BIDDER TOTAL BASIC BID Arestad Industrial Maintenance i $18,720.00 Sylvia Trevino /Precious Janitorial :6,788.00 Michael Olender/ Coastal Painting I $57,600.00 . Tim's Janitorial $93,000.00 ;and, WHEREAS, bids received from Arestad Industrial Maintenance and Precious Janitorial were deemed non - responsive; and, WHEREAS, Coastal Painting bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Coastal Painting for the total cost of $57,600.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, the contract for janitorial services for the Kenai Community Library is awarded to Coastal Painting for the total amount of 557,600.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2011. ATTEST: Corene Hall, City Clerk / J/ Approved by Finance: I 43 PAT PORTER, MAYOR the ciyof KEN ALASKA "Village with a Past, C MEMO: with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch FROM: Mary Jo Joiner DATE: 12 September 2011 SUBJECT: Janitorial Contract On the basis of bids submitted in response to the Request for Bids issued by the city for janitorial services at the library for one year; it would be in the best interest of the city to award the contract to Coastal Painting. The increase in the budget that this requires appears in Ordinance No. 2581 -2011. The following bids were received on August 10. 2011: BIDDER TOTAL BASIC BID Arestad Industrial Maintenance $18,720.00 Sylvia Trevino /Precious Janitorial $16,788.00 Michael Olender/ Coastal Painting $57,600,00 Tim's Janitorial $93,000.00 1992 ed'ya( KENAI, ALASKA "Village with a Past, Gi MEMO: with a Future" tea 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager X FROM: Christine Cunningham, Assistant to the City Manager ` DATE: September 12, 2011 SUBJECT; Janitorial Contract — Kenai Visitor and Cultural Center On the basis of bids submitted in response to the Request for Bids issued by the City for janitorial services at the Kenai Visitor and Cultural Center for one year, Coastal Painting is the Lowest responsible bid and award to this bidder would be in the best interest of the City. Please note that bids received from Arestad Industrial Maintenance and Precious Janitorial were deemed non - responsive. The following bids were received on August 10, 2011: BIDDER TOTAL BASIC BID Arestad Industrial Maintenance $I 1,605.00 Bruce Wolf $24,265.00 Sylvia Trevino /Precious Janitorial $11,394.00 Michael Olender/ Coastal Painting $21,100.00 A purchase order, in the amount of $12,300 covers the Janitorial Contract for FY12, October 1, 2011 . — June 30, 2011. Sufficient monies are appropriated. 45 \\ 14c ay of KEKAI.AALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -69 A RESOLUTION OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, AUTHORIZING THE PURCHASE OF APPROXIMATELY 60 ACRES OF PROPERTY DESCRIBED AS THE NE1 /4 NE 1/4 AND THE E 1/2 SE 1/4 NE 1/4 OF' SECTION 36, TOWNSHIP 6 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA CONTAINING 60 ACRES MORE OR LESS FOR PUBLIC WATER WELLS, WELL HEAD PROTECTION, AND ASSOCIATED PUBLIC PURPOSES AND DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, the City of Kenai identified property described as NE 1/4 NE 1/4 AND THE E 1/2 SE 1/4 NE 1/4 OF SECTION 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 acres more or less, Kenai, Third Judicial District (the Property) in the vicinity of the municipal water utility production wells as a potential site for a well protection area; and, WHEREAS, the City Manager submitted an Application to the Kenai Peninsula Borough (the Borough) on behalf of the City to process a negotiated sale of' the property for $1.00; and, WHEREAS, the Borough enacted Kenai Peninsula Borough Ordinance 2011 -21, which accompanies this resolution, authorizing a negotiated sale at less than fair market value in the amount of $2.00; and, WHEREAS, KMC 22,05.135(a) states the following: The City, by authorization of the city council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council sh.a11 determine. 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, determines that the public interest will not be served by an appraisal; and, WHEREAS, the Borough Assessing Department performed an appraisal of the property and considering the wetlands, estimated the value at $24,700; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council Authorizes the Purchase of Property Described as NE 1/4 NE 1/4 AND THE E 1/2 SE 1/4 NE 1/4 OF SECTION 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 acres more or less, Kenai, Third Judicial District, for $2.00, for Public Water Wells, Well Head Protection, and Associated Public Purposes and, pursuant to KMC 22.05.135(a), Determines That The Public Interest will not be served by an Appraisal. 46 Resolution No. 2011 -69 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2131 day of September, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR 47 PURCHASE AGREEMENT This Agreement is made on this of , 2011, by and between the KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB ") and the City of Kenai, an Alaska municipal corporation, whose address is 210 FideIgo Avenue, Kenai, Alaska 99611 (hereinafter referred to as "BUYER "). WHEREAS, KPB is the owner of that real property located in the Kenai Recording District. Third Judicial District, State of Alaska, and more particularly described as follows: THE NE1 /4 NE1 /4 AND THE E1/2 SE1 /4 NE1 /4 OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 11 WEST, S.M. ALASKA CONTAINING 60 ACRES MORE OR LESS, subject to survey platting requirements WHEREAS, Buyer has offered to buy, and KPB is willing to sell the above - described Property as evidenced by KPB Ordinance 2011 -21 enacted July 5, 2011, by the Assembly of the Kenai Peninsula Borough. NOW THEREFORE, in consideration of the promises herein contained, KPB hereby agrees to sell to BUYER, and BUYER hereby agrees to buy from KPB, the property on the terms and conditions as set forth below: 1. PURCHASE PRICE The purchase price of the property is $2.00 dollars and NO cents and shall be paid in full at closing. 2. TITLE Title shall be delivered at time of closing by quitclaim deed which shall be issued to BUYER. Seller sells only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. BUYER warrants and covenants that at the time of closing there shall be no liens or judgments recorded against BUYER in the same recording district in which the property subject to this purchase agreement is situated. 3. ESCROW AND CLOSING COSTS In addition to the purchase price, BUYER agrees to pay for all closing costs in connection with this Agreement, including without limitation all escrow fees, title Kenai Peninsula Borough, Alaska Page I of Purchase Agreement — KPB /City of Kenai 48 insurance charges, recording fees and bank charges. All costs must be paid in full at the time of closing. 4. CLOSING Closing will occur within 90 days of recording a subdivision plat of the subject property. Both parties will execute all documents required to complete the Purchase Agreement. 5. POSSESSION Possession shall be delivered to BUYER at time of recording. S. DEED RESTRICTION The property conveyed to the City of Kenai is further subject to the restriction that the land conveyed shall be used for public water wells, well head protection, and associated public purposes. in the event grantee does not use, or ceases to use, the land conveyed as herein specified, grantor or grantor's assigns may re- enter and repossess the premises. Grantee may elect to remove this restriction by payment of fair market value as determined by current tax assessment. 7. BREACH BY BUYER; REMEDIES OF KPB Prior to closing of the sale, in the event that BUYER fails to make any payment required, or fails to submit or execute any and all documents and papers necessary in examination of BUYER'S financial background, or with closing and transfer of title within time periods specified in this Agreement, up to lesser of $1,000.00 or 10% of the purchase price of BUYER's deposit shall be retained by KPB as liquidated damages. Additionally, other funds may be retained for out - of- pocket expenses incurred, and this Agreement shall be terminated. In addition to the foregoing, in the event of a default in the performance or observance of any of the agreement terms, conditions, covenants and stipulations thereto, either prior to or after the closing of the sale, and such default continues thirty days after written notice of the default, KPB may cancel the agreement or take any legal action for damages or recovery of the property. No improvements may be removed during the time which the contract is in default. This provision shall survive the execution of sale documents and shall continue in full force and effect until either the purchase price is paid in full or the sale is otherwise terminated. 8. NOTICE OF DEFAULT. Notice of default will be in writing as provided hereinbelow. A copy of the notice will be forwarded to all lienholders or others who have properly recorded their interest in the purchase agreement with KPB. Kenai Peninsula Borough, Alaska Page 2 of 9 Purchase Agreement — KPB /City of Kenai 49 9. REMOVAL OR REVERSION OF IMPROVEMENTS UPON CANCELLATION OF PURCHASE AGREEMENT OR LEASE. A. BUYER covenants that improvements owned by the BUYER on KPB lands shall, within thirty calendar days after termination of the agreement, be removed by BUYER; provided, such removal will not cause injury or damage to the land; and further provided, that the mayor or planning director when applicable may extend time for removing such improvements in cases where hardship is proven. The retiring BUYER may, with consent of the mayor or planning director when applicable, dispose of BUYER'S improvements to the succeeding BUYER. B. If any improvements and /or chattels having an appraised value in excess of ten thousand dollars, as determined by a qualified appraiser, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the BUYER, under the terminated or canceled contract, be sold at public sale under the direction of the mayor and in accordance with provisions of KPB Title 5. Proceeds of the sale shall inure to the former BUYER, lessee, or permittee who placed such improvements and /or chattels on the lands, or his successors in interest, after paying to KPB all monies due and owing and expenses incurred in making such a sale. In case there are no other bidders at any such sale, the mayor is authorized to bid, in the name of KPB, on such improvements and /or chattels. Bid money shall be taken from the fund to which said lands belong, and the fund shall receive all moneys or other value subsequently derived from the sale or leasing of such improvements and /or chattels. KPB shall acquire all rights, both legal and equitable, that any other BUYER could acquire by reason of the purchase. C. If any improvements and /or chattels having an appraised value of ten thousand dollars or less, as determined by the mayor, are not removed within the time allowed, such improvements and/or chattels shall revert and absolute title shall vest in KPB. Upon request, BUYER, lessee, or permittee shall convey said improvements and /or chattels by appropriate instrument to KPB. D. Rental for Improvements or Chattels not Removed. Any improvements and /or chattels belonging to the BUYER and placed on the land during BUYER'S tenure with or without BUYER'S permission and remaining upon the premises after termination of the contract shall entitle KPB to charge a reasonable rent therefor. 10. RESALE. Kenai Peninsula Borough, Alaska Purchase Agreement — KPB /City of Kenai 50 Page 3 of 9 In the event that a purchase agreement should be terminated, canceled, forfeited or abandoned, KPB may offer said lands for sale, lease or other appropriate disposal pursuant to provisions of KPB 17.10 or other applicable regulations. If said and is not immediately disposed of then said land shall retum to the Land Bank. 11. DEFENSE AND INDEMNIFICATION The BUYER shall indemnify, defend, save and hold the borough, its elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from BUYER'S performance or failure to perform in accord with the terms of this Agreement in any way whatsoever. The BUYER shall be responsible under this clause for any and all claims of any character resulting from BUYER or BUYER'S officers, agents, employees, partners, attorneys, suppliers, and subcontractors performance or failure to perform this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the borough or its agents, which are said to have contributed to the losses, failure, violations, or damage. However, BUYER shall not be responsible for any damages or claims arising from the sole negligence or willful misconduct of the borough, its agents, or employees. 12. HAZARDOUS MATERIAL A. BUYER covenants and agrees that no hazardous substances or wastes shall be located on or stored on the property, or any adjacent property, nor shall any such substance be owned, stored, used, or disposed of on the property or any adjacent property by BUYER, its agents, employees, contractors, or invitees, prior to BUYER'S ownership, possession, or control of the property. B. BUYER covenants and agrees that if the presence of hazardous material on the property is caused or permitted by BUYER, its agents, employees, contractors, or invitees, or if contamination of the property by hazardous material otherwise occurs on the property, BUYER shall defend, indemnify, and hold harmless KPB from any and all claims, judgements, damages, penalties, fines, costs, liabilities, or losses (including, but not limited to, sums paid in the settlement of claims, attorney's fees, consultant fees and expert fees) which may arise as a result of such contamination. This defense and indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean -up, remedial, removal, or restoration work required by any federal, state or local govemment on or under the property. As used herein, the term "hazardous material" means a Kenai Peninsula Borough, Alaska Page 4 of 9 Purchase Agreement— KPB /City of Kenai 51 substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter. 13. ASSIGNMENTS BUYER may assign the lands upon which BUYER has an agreement only if approved by the mayor or planning director when applicable. Applications for assignment shall be made in writing on a form provided by the land management division. Assignment shall be approved if it is found that all interests of KPB are fully protected. Assignee shall be subject to and govemed by provisions of KPB 17.10 applicable thereto. 14. ENTIRE AGREEMENT This Agreement and the documents referred to herein contain the entire agreement of the parties with respect to the subject matter hereof. Any changes, additions or deletions hereto must be made in writing and signed by both KPB and BUYER or their respective successors in interest. Provisions of this agreement, unless inapplicable on their face, shall be covenants constituting terms and conditions of the sale and of the agreement to finance the sale, and shall continue in full force and effect until the purchase price is paid in full, or this agreement is earlier terminated. 15. MISCELLANEOUS A. Covenants. BUYER agrees to comply with any Declaration of Covenants, Conditions, and Restrictions of record, affecting the Property. B. No Warranty. BUYER acknowledges its responsibility to inspect the property and agrees KPB assumes no liability for matters that would have been disclosed to the BUYER by an inspection of the property. BUYER further acknowledges that KPB makes no warranties, either expressed or implied, nor assumes any liability whatsoever, regarding the social, economic or environmental aspects of the property, to include without limitation, soil conditions, water drainage, physical access, availability of personal use wood supplies now or in the future, or natural or artificial hazards which may or may not exist or merchantability, suitability, or Kenai Peninsula Borough, Alaska Page 5 of 9 Purchase Agreement — KPB /City of Kenai 52 profitability of the property for any use or purpose, The parties mutually agree that this transfer will not be covered by the Residential Real Property Transfers Act, AS 34.70.010 et. seq. C. Development. BUYER agrees the construction and maintenance of any improvements, roads, drainage systems and common areas shall be the responsibility of the BUYER. BUYER further agrees to comply with all federal, state, and borough regulations regarding use and development of the property, which includes but is not limited to; State of Alaska, Department of Environmental Conservation regulations regarding water and sewer installation; and if applicable, regulations of the U.S. Army Corps of Engineers regarding filling or draining any area within the property designated as wetlands by the appropriate authority. D. Time. Time is of the essence in performance of this Agreement. Cancellation. This agreement, while in good standing may be canceled in whole or in part, at any time, upon mutual written agreement by BUYER and the mayor or planning director when applicable. This purchase agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. F. Entry or Re- entry. In the event that this agreement is terminated, canceled or forfeited, or in the event that the demised lands, or any part thereof, should be abandoned by the BUYER during the agreement term, or prior to payment in full of the purchase price, KPB or its agents, servants or representative, may immediately or any time thereafter, enter or re -enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. Entry or re -entry by KPB shall not be deemed an acceptance or surrender of the contract. G. Fire Protection. The BUYER shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. H. Notice. Any notice or demand, which under the terms of this agreement or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such other address to Kenai Peninsula Borough, Alaska Page 6 of 9 Purchase Agreement -- KPH /City of Kenai 53 which such notice of demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in an U.S. general or branch post office by the addressor. Responsibility of Location. It shall be the responsibility of the BUYER to properly located himself and his improvements on the purchased, leased, or permitted lands. J, Rights of Mortgage or Lienholder. In the event of cancellation or forfeiture of a sale agreement for cause, the holder of a properly recorded mortgage, conditional assignment, or collateral assignment will have the option to acquire the sale agreement for the unexpired term thereof, subject to the same terms and conditions as in the original instrument. Any party acquiring an agricultural purchase or lease agreement must meet the same requirements as the original BUYER or lessee. K. Rights -of -way. All trails or roads in existence at the time the land is sold may be considered to be an easement for public use. Nothing herein contained shall prevent the mayor or planning director when applicable from specifically reserving such additional easements and rights -of -way across KPB lands as deemed reasonable and necessary prior to the sale thereof. L. Sanitation. The BUYER, lessee, or permittee shall comply with all regulations or ordinances which a proper public authority in its discretion shall promulgate for promotion of sanitation. Premises under purchase or lease agreement, or permit shall be kept in a clean and sanitary condition and every effort shall be made to prevent any pollution of waters and lands. M. Shore Land Public Access Easement. As established by AS 38.05, KPB lands sold or leased may be subject to a minimum 50 foot public access easement landward from the ordinary high water mark or mean high water mark. N. Violation. Violation of any provision of KPB Chapter 17.10, or of the terms of the agreement of sale may expose BUYER to appropriate legal action including forfeiture of purchase interest, termination, or cancellation of BUYER'S interest in accordance with state law. 0. Written Waiver. Receipt of payment by KPB, regardless of knowledge of any breach of the purchase agreement by BUYER, or of any default on the part of BUYER, in observance or performance of any of the conditions or covenants of the agreement, shall not be deemed to be a waiver of any provision of the agreement. Failure of KPB to enforce any covenant or ICenai Peninsula Borough, Alaska Page 7 of 9 Purchase Agreement— KPB /City of Kenai 54 provision therein contained shall not discharge or invalidate such covenants or provision or affect the right of KPB to enforce the same in the event of any subsequent breach or default. Receipt by KPB of any payment of any other sum of money after notice of termination or after the termination of the agreement for any reason, shall not reinstate, continue or extend the agreement, nor shall it destroy or in any manner impair the efficacy of any such notice of termination unless the sole reason for the notice was nonpayment of money due and payment fully satisfies the breach. P. Construction. This Agreement shall be deemed to have been jointly drafted by both parties. It shall be constructed according to the fair intent of the language as a whole, not for or against any party. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Alaska. The titles of sections in this Agreement are not to be construed as limitations of definitions but are for identification purposes only. This Agreement has been executed by the parties on the day and year first above written. KENAI PENINSULA BOROUGH: CITY OF KENAI David R. Carey, Mayor Rick Koch, City Manager Dated: Dated: A I I EST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: Johni Blankenship, Holly B. Montague, Borough Clerk Deputy Borough Attorney Kenai Peninsula Borough, Alaska Page 8 of 9 Purchase Agreement— KPB /City of Kenai 55 NOTARY ACKNOWLEDGMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of , 2011, by David R. Carey, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: NOTARY ACKNOWLEDGMENT STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss. } The foregoing instrument was acknowledged before me this day of , 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, for an on behalf of the corporation. Notary Public in and for Alaska My commission expires: Kenai Peninsula Borough, Alaska Page 9 of 9 Purchase Agreement— KPB /City of Kenai 56 Introduced by: Mayor Date: 06/07/11 Hearing: 07/05/11 Action: Enacted as Amended Vote: 9 Yes, 0 No, 0 Absent KENAI PENINSULA BOROUGH ORDINANCE 2011 -21 AN ORDINANCE AUTHORIZING A NEGOTIATED SALE AT LESS THAN FAIR MARKET VALUE OF LANDS DESCRIBED AS THE NEI /4 NE1 /4 AND THE E1/2 SE1 /4 NE1 /4 OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 11 WEST, SEWARD MERIDIAN ALASKA CONTAINING 60 ACRES MORE OR LESS TO THE CITY OF KENAI WHEREAS, the Kenai Peninsula Borough has state patent to certain lands within the city of Kenai; and WHEREAS, the City Manager for the City ofKenai has submitted an application on behalf of the city to process a negotiated sale of 60 acres; and WHEREAS, the City of Kenai has public water wells adjacent to this property; and WHEREAS, the land proposed for conveyance lies east of the Twin City Raceway, which is subject to a borough - issued land use permit, and is designated wetlands which limits the usefulness of said lands; and WHEREAS, the proposed negotiated sale will allow the city to create a wellhead protection zone and establish additional wells; and' WHEREAS, the property is zoned "Rural Residential" and was classified "Recreational" per KPB Resolution 96 -057; and WHEREAS, on May 11, 2011, the KPB Assessing Department determined the fair rnarketvalue of the 60 acre parcel to be $24,700; and WHEREAS, the KPB Planning Commission at ifs regularly scheduled meeting of June 27, 2011, recommended enactment of this ordinance by unanimous consent. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE N. PENINSULA BOROUGH: SECTION 1. That the Assembly fmds that selling the NEI /4 NE1 /4 and the E1 /2 SE1 /4 NE1 /4 of Section 36, T6N, R11 W, S.M. Alaska containing 60 acres more or less to the City of Kenai, pursuant to KPB I7.10.100(1) and 17.10.120(D) is in the best interest of the Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2011 -21 Page 1 oft 57 SECTION 2. SECTION 3. borough as it will provide wellhead protection for the City of Kenai's public water utility for the benefit of borough residents within the city of Kenai. That conveyance of the parcel is contingent on subdivision and that the City of Kenai is responsible for the surveying and platting costs. Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100 (1) to sell the land described in Section 1 above to the City of Kenai for $2.00. The terms of the sale is cash at closing and the buyer shall pay all closing costs. SECTION 4. The mayor is authorized to execute the purchase agreement substantially in the form of the one accompanying this ordinance and sign any documents necessary to effectuate this ordinance. SECTION 5. That the property conveyed to the City of Kenai is further subject to the restriction that the land conveyed shall be used for public water wells, well head protection, and associated public purposes. In the event grantee does not use, or ceases to use, the land conveyed as herein specified, grantor or grantor's assignsmayre-enter and repossess the premises. Grantee may elect to remove this restriction by payment of fair market value as determined by current tax assessment. SECTION 6. The City of Kenai shall have 180 days after enactment of this ordinance to execute a purchase agreement. SECTION 7. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 5TH DAY OF JULY, 2011. J Al 1EST: Yes: No: Absent: ankenship, Borough Clerk g vp,'Assetnbly 00 r A * *2i, 984II1tt �`` Haggerty, Johnson, McClure, Murphy, Smalley, Smith, Tauriainen, Knopp Pierce None %9 Ordinance 2011 -21 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 58 KM PROPERTY CITY'OF ICENAI DESIRES TO PURCHASE • • CITY DE KENAI MUNICIPALPUBLIC ADNR PROPERTY CITY IN PROCESS OF PURCHASING 59 KENAI, ALASKA Ne/ MEMO: "Village with a Past, y with a Future" 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci,kenai.ak.us TO: City Council FROM: Rick Koch, City Manager DATE: September 14, 2011 SUBJECT: Resolution No. 2011 -69 Authorizing Purchase of Approximately 60 Acres of Lands Owned by the Kenai Peninsula Borough The purpose of this correspondence is to recommend approval of the referenced resolution authorizing the purchase of approximately 60 acres of property from the Kenai Peninsula Borough for public water wells, well head protection, and associated public purposes at less than fair market value in the amount of $2.00. The property is in the general area of the racetrack and facilities operated by the Racing Lions. The property is primarily wetlands upon which any development or expansion of the race track facilities is doubtful. The City's existing primary production well and two future production wells are located to the south of the properties identified. The characteristics of the producing aquifer are such that it is likely the flow of subsurface water passes under the properties. City acquisition of these properties will ensure wellhead protection for the City of Kenai's public water utility. The City Attorney has reviewed the attached Purchase Agreement and has no serious objections or concerns about the proposed agreement. Attachments 60 ICENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.lcenatak.us MAYOR PAT PORTER, PRESIDING MINUTES 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 moment of silence was held in remembrance of 9/11. A -2. Roll Call There were present: Mayor Pat. Porter, Joe Moore (telephonic), Robert. Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis and Mike Boyle (telephonic), comprising a quorum of the Council. A -3. Agenda Approval Mayor Porter read the following additions to the agenda: ADD TO: ITEM D -1, Ordinance No. 2546 -2011 Email from Kellie Wannamaker Email from Dale & Janet Stockton ADD TO: ITEM 0-10. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -11. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -15. -- Action /Approval -- Buccaneer Easement Buccaneer Alaska Operations, LLC Kenai Loop Pipeline Plans and Legal Description MOTION: Council Member Molloy MOVED to approve the agenda with the additions and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 61 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 2 A -4. Consent Agenda MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. *All items listed with an asterisk ( *( are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its noi,ual sequence on the agenda as part of the General Orders. A -5. Swearing in of Student Representative Mayor Porter swore in Student Representative Austin Daly and Ms. Daly took her seat on the dais. A -6. Proclamation -- National Preparedness Month Mayor Porter read a proclamation for September 2011 being National Preparedness Month and presented the proclamation to Jan Yeager and 5 volunteers from the Kenai Peninsula Borough Office of Emergency Management. ITEM B: SCHEDULED PUBLIC COMMENTS B -I. Rob Nash & Associates -- Proposal to Purchase FAA Tract (3.22 Acres) From City of Kenai and Build Assisted Living Facility. Mr. Cory Castagneto spoke about the Assisted Living Facility his company would like to build in Kenai and noted he was worlcing with the City Manager to find a suitable piece of property. The Council encouraged Mr. Castagneto to continue his dialog with the City Manager. BREAK: 7:24 P.M. BACK TO ORDER: 7:30 P.M. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS 62 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 3 D -1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses' for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerks Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) D -1 -a. Substitute Ordinance No. 2546- 2011 -- Amending KMC 14.22.010, Land Use Table, to make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zoning District. (Clerks Note: At its August 17, 2011 meeting, the City Council moved to amend Ordinance No. 2546 -2011 by substitution, and then postponed the ordinance until the September 7, 2011 meeting The rnntion to amend by substitution is active.) D -1 -b. MOTION: Substitute B — Ordinance No. 2546 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District Council Member Gabriel MOVED to amend by substitution by replacing Substitute A with Substitute B and Council Member Moore SECONDED the motion. Gabriel reported he thought it fitting to consider the substitute B since it was asked for. Moore reported he supported substitute B because he believed it to be a logical conclusion to the process. Bookey reported he would not support substitute B. 63 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 4 Molloy reported he would not support substitute B because he believed it incompatible with the RR -1 zone intent. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE B: Council Members voting YES: Porter, Moore, Gabriel Council Members voting NO: Boyle, Bookey, Marquis, Molloy MOTION TO AMEND BY SUBSTITUTION FAILED. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE A: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2546-2011 by removing the second to last WHEREAS clause and adding the following six WHEREAS clauses to precede the last WHEREAS clause: WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and; WHEREAS, at its August 17, 2011 meeting, the City Council held another public hearing on this ordinance, including a public hearing on Substitute Ordinance No. 2546 -2011; and the City Council postponed action on the ordinance and substitute until the September 7, 2011 Council meeting so that the City Council would receive the Commission's recommendations for the September 7, 2011 Council meeting; and, WHEREAS, at its meetings on August 16, 2011 and on August 24, 2011, the Planning and Zoning Commission held additional work sessions during which the public was invited to comment on amendments to the Land Use Table for all residential zones, including the RR -1 Zoning District; and, WHEREAS, at its meeting on August 24, 2011, the Planning and. Zoning Commission reconsidered its postponement of Commission Resolution No. PZ11 -30, and voted to hold a. public hearing on Commission Resolution No. PZ11 -30 at a special meeting on August 30, 2011; and, WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning Commission held a public hearing on Commission Resolution No. PZ11 -30, and voted to approve an amended Commission Resolution No. PZI1 -30, which included. the Commission's rec mmendations to the City Council on Ordinance No. 2546 -2011 and Substitute Ordinance No. 2546 -2011; and, 64 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 5 WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the public comment, the Commission's amended Resolution No. PZ11 -30 and the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Ordinance No. 2546 -2011 Substitute; and, Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2546 -2011 to remove "City of Kenai" from the last whereas and replace it with "neighborhoods of the RR -1 zoning district." MOTION DIED FOR LACK OF SECOND. Marquis spoke in favor or the ordinance, noting several recommendations from Planning and Zoning Commission were included. Molloy spoke in favor or the ordinance, noting the long and thorough process used to come to its final draft. Porter spoke against the ordinance, noting she believed it to be too restrictive. VOTE ON MAIN MOTION AS AMENDED: Council Members voting YES: Boyle, Gabriel, Bookey, Marquis, Molloy Council Members voting NO: Porter, Moore VOTE: MOTION PASSED. BREAK: 8:03 P.M. BACK TO ORDER: 8:08 P.M. Clerk's Note: Council Members Boyle and Moore stopped participating telephonically at this point. D -2. Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2577 -2011 and Council Member Bookey SECONDED the motion. 65 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 6 There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Resolution. No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local. State Funding Priority for Fiscal Year 2013. There were no public comments. MOTION: Council Member Marquis MOVED to ratify Resolution No. 2011 -65 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. (Clerk's Note: At the August 17, 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt Resolution 2011 -65.) Resolution No. 2011-66 -- Adopting a Street Name for an Unnamed Street. MOTION: Council Member Bookey MOVED to adopt Resolution NO. 2011 -66 and requested. UNANIMOUS CONSENT, Council Member Gabriel SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E-1. *Regular Meeting of August 17, 2011 E -2. *Notes from August 15, 2011 Work Session E -3. *Special Meeting of August 18, 2011 E-4. *Notes from August 29, 2011 Work Session All were approved by approval of the consent agenda. 66 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 7 ITEM F; UNFINISHED BUSINESS -- None, ITEM G: NEW BUSINESS G -1. Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3. *Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and/or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. Introduced by approval of the consent agenda. G -4. *Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. Introduced by approval of the consent agenda, G-6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 67 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 8 Introduced by approval of the consent agenda. G -7. *Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7M5, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub- section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. Introduced by approval of the consent agenda. 0-8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. Introduced by approval of the consent agenda. G-9. Action /Approval -- Utility Easement to Homer Electric Association, Inc. for a strip of land ten (10) feet in width for the purpose of installing and maintaining underground electrical lines situated within A PORTION OF THE NW ' SECTION 33, TOWNSHIP6NORTH, RANGE11WEST, SEWARD MERIDIAN, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai. Peninsula Borough. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. 0-10. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T6N R11W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04318044 Kenai Recording District, where it adjoins an existing 10' Public Utility Easement on that lot. MOTION: Council. Member Gabriel MOVED the land was not needed for a. public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. 68 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 9 G -1. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land, sixty (10) feet in width for the purpose of installing underground, copper and fiber optic cables situated within T6N R11W SEC 33 SEWARD MERIDIAN ICQ W1/2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12. KPB Parcel ID: 04501029, Kenai Recording District. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose, requested the City Manager grant the easement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -12. Action /Approval -- Authorizing the City of Kenai to proceed with investment grade audit and energy performance contract with the Building Technologies Division of Siemens Industry, Inc. for the implementation of a performance contracting program to improve the system infrastructure and the operational efficiencies of City facilities. MOTION: Council Member Bookey MOVED to approve the authorization and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Bookey requested a report from Administration. City Manager Koch explained the loan would increase energy efficiency in public buildings, that there were several buildings within the City that would benefit, and the loan would take eight to ten years to repay. Koch also noted Kenai was the first municipality to begin the process. VOTE: MOTION PASSED UNANIMOUSLY. G -13. Action /Approval -- Second Amendment to Rental Agreement between City of Kenai and Homer Electric Association, Inc. for office space in the Alaska Fire Training Center at 450 Marathon Road, extending the teiui of the Rental Agreement until September 1, 2012. Council Member Bookey disclosed his father was on the HEA Board. Mayor Porter did not see any conflict. MOTION: Council Member Marquis MOVED to approve the amendment and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. 69 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 10 VOTE: MOTION PASSED UNANIMOUSLY. G -14. Action /Approval -- 2011 Election Boards. Council Member Bookey disclosed his wife would be one of the election workers. Mayor Porter did not see any conflict. MOTION: Council Member Marquis MOVED to approve the 2011 Election Boards and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G-15. Action /Approval -- Buccaneer - Easement for line from Drilling Pad off Marathon to Enstar's vault on Main Street Loop. MOTION: Council Member Molloy MOVED to approve the easement and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Senior Center Director reported the next meeting would be September 8, 2011. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be September 8, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be September 12, 2011. H -4. Library Commission -- Council Member Marquis reviewed the September 6, 2011 meeting and noted the student representative had not attended and one member had resigned. H -5. Parks 8a Recreation Commission -- Parks and Recreation Director Frates noted there would be a work session on September 22, 2011 to discuss the Trails Plan, followed by a special meeting to discuss the Capital Improvement Project List. 70 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 11 H -6. Planning & Zoning Commission -- Council Member Bookey reviewed the August 24 and 30 meetings. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- Mayor Porter noted the next meeting would be September 13, 2011. H -7 -b. Alaska Municipal League Report -- No report. H -7 -c. Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported he did not attend the last meeting. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended the Alaska Oil and Gas Dinner and Industry Appreciation Day where Tim Navarre and Jack Brown received the Founder's Award. She reported she worked with the Chamber of Commerce and Visitor's Center to have a combined ad in the Milepost. Mayor Porter reported she and City Manager Koch met with representatives from Kenai Central High School regarding a State Championship sign near the high school. Mayor Porter set a work session on Clerk Recruitment for September 27, 2011 at 6:00 p.m. and a work session to interview applicants for October 7, 2011 at 1:00 p.m. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Koch reported he met with Alaska Department of Conservation regarding a fish waste disposal plan. Koch set a work session for October 14, 2011 at 6:00 p.m. to discuss the Dip Net Report, Capital Improvement Project list and the City taking over ownership and maintenance of Beaver Loop Road. Koch noted he would set a work session for early November to meet with Legislators. Koch asked Council if they wanted a discussion item regarding Planning and Zoning Commission's request for legal counsel at meetings. Council requested a discussion item be added to the September 21, 2011 meeting agenda. Koch will ask for infoiruation from Planning and Zoning to include in the packet. 71 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 12 J -2. City Attorney -- Stearns reported she would be out of the office for a board meeting of the Alaska Bar Association and in Chicago for a conference. Mayor Porter asked for an update on the burned out building. Stearns reported their permit expires on. September 18, 2011. J -3. City Clerk -- Deputy City Clerk Hall thanked Finance Director Eubank and IT Tech Manager Castimore for their help with the phone problem in Chambers. ITEM K: ADDITIONAL PUBLIC COMMENTS K -1. Citizen Comments -- None. K -2. Council Comments Gabriel thanked Nash and Castegneto for their presentation and noted his appreciation for all the work on the Land Use in the RR -1 zone. Bookey wished his son Corvin Happy Birthday, and wished Molly Dischner from the Clarion Happy Birthday. Daly thanked the Council for accepting her as the Student Representative and reported on events at the High School. Marquis thanked Tim Navarre for his work on Industry Appreciation Day, thanked Castegneto and Nash for their presentation, thanked everyone involved in working on Ordinance No. 2546 -2011 and welcomed Daly to the Council. Molloy welcomed Daly to the Council, agreed with Gabriel's comments regarding the process on the Land Use within the RR -1 zone, thanked Marquis, Bookey and Gabriel for covering for him at Planning and Zoning Commission meetings, and noted he would cover the Council on Aging meeting for Council Member Boyle. Mayor Porter invited everyone to attend the Remembrance Ceremony at the Soldotna CES station on September 11 at 2:00 p.m. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- City of Kenai v. Gus Rodes and .Janice Rodes. MOTION: Council Member Marquis MOVED to convene into Executive Session and Requested the City Manager and City Attorney attend. Council Member Molloy SECONDED the motion. 72 KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 13 VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 9:02 P.M. BACK TO RODER: 9:21 P.M. Council Member Marquis reported the Council met in Executive Session and gave direction to the City Manager and City Attorney. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:22 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 73 4=h PURCHASE ORDERS OVER $15,000,00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 21, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT SYSTEMS DESIGN WEST COASTAL PAINTING ICE RINK SERVICES INCREASE OF EXISTING P VENDOR AMOUNT FY12 AMBULANCE BILLING SERVICES FIRE FY12 JANITORIAL SERVICE LIBRARY FY12 ICE MAINTENANCE RECREATION RASE ORDER DESCRIPTION PROFESSIONAL SERVICES REPAIR & MAINTENANCE PROFESSIONAL SERVICES 1700000 43,200.00 45,000.00 NORTH STAR PAVING P.O. # - REASON AMOUNT TOTAL PO AMT FINAL ADJUSTING C/O #1 95777 - VVELLHOUSE #4 CHANGES IN CONST. 18,150.71 1,006,765.71 the city of KENAI ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2584 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $21,300 IN THE GENERAL FUND - NON- DEPARTMENTAL FOR A NATIONAL HISTORIC PRESERVATION ACT GRANT PROVIDED TO THE CITY FOR PLANNING PRESERVATION ACTIVITY AT THE HOLY ASSUMPTION OF THE VIRGIN MARY RUSSIAN ORTHODOX CHURCH, A NATIONAL HISTORIC LANDMARK, LOCATED IN OLD TOWN KENAI. WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, Kenai City Council Resolution 2010 -55 authorized the City's Administration to submit application for grant funds to assist in renovation efforts at the church; and, WHEREAS, the Church has received a "Historic Preservation Fund Grant" to be administered by the State of AIaska Historic Preservation Office for planning and design of alarm and fire suppression systems and an outbuilding for mechanical equipment; and, WHEREAS, the $12,780 Federal Grant requires a local mntch of $8,52n; and, WHEREAS, preservation of Kenai's only National Historic Landmark is important to the community's history and culture. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Federal Grant Increase Appropriations: Non - Departmental - Grants to Other Agencies Non - Departmental - Professional Services $ 8,520 12,780 $21,300 $20.000 1. ,300 $21,300 New Text Underlined; [DELETED TEXT BRACKETED 75 Ordinance No. 2584 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of October, 2011. A"1`l'EST: Corene Hall, Deputy City Approved by Finance: PAT PORTER, MAYOR Introduced: September 21, 2011 Adopted: October 5, 2011 Effective: October 5, 2011 New Text Underlined' 'DELETED TEXT BRACKETED) 76 KENAI, ALASKA "Vii'lage with a past, Ga with a Future' MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 '�IIit 1992 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch. City Manager f, j FROM: Marilyn Kebschull, Planning Administratior4� 1, DATE: September 14, 2011 SUBJECT: Ordinance No. 2584 -2011 — Historic Preservation Fund Grant On October 6, 2010, City Council passed Resolution No. 2010 -55 authorizing you to submit an application to the State of Alaska, Department of Natural Resources for a federal share matching grant for a Historic Restoration Project for the Virgin Mary Russian Orthodox Church. The City applied for the grant to assist the Church with funding the fire suppression and alarm system designs. Due to federal funding, the grant cycle was delayed. In August, the City was notified the grant application had been successful and the City and Church had been awarded a grant totaling $21,300. This is a matching reimbursable grant. Ordinance No. 2584 -2011 will appropriate the funds for this worthwhile project. Attachments: 1. Resolution No. 2010 -55 77 CITY OF KENAI RESOLUTION NO. 2010 -55 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE ADMINISTRATION TO SUBMIT TO THE STATE OF ALASKA AN APPLICATION FOR A FEDERAL GRANT FOR A HISTORICAL PUBLIC PRESERVATION EDUCATION PROJECT FOR A HISTORIC RESTORATION PROJECT IN THE TOWNSITE HISTORIC DISTRICT OF KENAI, ALASKA. WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local governments; and, WHEREAS, the Holy Assumption of the Virgin Mary Russian Orthodox Church (the Church), in Old Town Kenai, has been designated a National Historic Landmark by the National Park Service; and, WHEREAS, the Church is one of 49 National Historic Landmarks in the State of Alaska and is a large visitor draw to our community every year; and, WHEREAS, the Church has received a "Save America's Treasures Grant" to be administered by the National Parks Service for restoration and preservation of the landmark; and, WHEREAS, preservation. of Kenai's only National Historic Landmark is important to the community's history and culture, and serves a public purpose; and, WHEREAS, Ordinance No. 2469 -2010 provided $10,000 in support of this project; and, WHEREAS, due to concealed conditions, additional funds are necessary to complete the restoration of the Church; and, WHEREAS, the Council is fully cognizant of the obligations and responsibilities that will be incurred by the City of Kenai upon acceptance of such a grant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. The Council hereby authorizes the City Manager Rick Koch to submit an application to the State of Alaska, Department of Natural Resources, for a federal share matching grant for a Historic Restoration Project in the Old Town District of Kenai, Alaska. 78 Resolution No. 2010 -55 Page 2 of 2 Section 2. The Department of the City Manager is established as the agent for City of Kenai for administration of this project. Section 3. If the City of Kenai is awarded the grant for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska, the Council will introduce an ordinance providing matching funds for this project, Section 4. adoption. Effective Date. This resolution shall be effective .immediately upon PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of October, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance- )-7(--at) CA-41-149 Arj PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 79 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2585 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make land use amendments to the Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, when amendments to the Official Zoning Map are made, an update to the zoning and land use plan maps within the Comprehensive Plan should also be made to provide current information in the Plan; and., WHEREAS, the last update to the zoning and land use plan maps within the Comprehensive Plan occurred in August 2010; and, WHEREAS, since August 2010, amendments to the Official Zoning Map have occurred; and, WHEREAS, an amendment to the Comprehensive Plan zoning and land use maps is necessary to incorporate the amendments to the Official Zoning Map; and, WHEREAS, the City of Kenai Planning & Zoning Commission held a public hearing on September 14, 2011, and unanimously recommended that the City Council adopt updated zoning and land use plan maps to show current zoning and land uses within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a non -code ordinance. Section 2. Replacement of Maps Within the Comprehensive Plan: The zoning and land use maps of the City of Kenai Comprehensive Plan, maps 6, 10, and 11, are replaced, respectively, with the updated maps as shown on Attachment A, Attachment B, and Attachment C to this Ordinance. Section 3. Effective Date: Pursuant to KMC 1.15.070(I), this ordinance shall take effect one month after adoption. New Text, Underlined [DELETED TEXT BRACKETED] 80 Ordinance No. -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of October, 2011. ATTEST: Corene Hall, CMC, Deputy City Clerk PAT PORTER, MAYOR Introduced: September 21, 2011 Adopted: October 5, 2011 Effective: November 5, 2011 New Text Underlined DELETED TEXT BRACICETED] 81 Crty `er- Attachment A Map 6, Existing Zoning, City of Kenai, 2011 fl— F1-1 „ sts:,..st,4_L ■-3 'wtt2S7- j•I• I I VI\ v... , jj/ rt j \;■jj- Rural Residential 1 'Suburban Flesklenlial Cc rlcomn,nrc,lHs iubuthan Residential1 General. Commercial OXISESPMESSIMMISIMVIAMMankeapaSnwavn•eln • nanoPPY Kevin Waring Associates 17 Clftyof Co 'p e,em Map Update 2011 Attachment B City of Kenai Corporate Boundary See Map 11 for detail Legend port Ind t, F IL C3y Center Sentra! Commercial ® P pus patlo Ipm d Ar to tp a pe d t al NOP SP Pe ® Townslte Historic Astrid ,dusmal Ted Use Proposed Kenai River Gateway Natural wee peighborhoed Comme,o et PT"T"' Pmpesed Coastal Trail Neighborhood Residential Rural Residential 0 0.4 0.8 1.6 Miles 1 1 1 1 1 1 1 op sod Rene Ri vat CatewuyiRu{Itn,, Natural Area 1 Kevin Waring ales 27 City offe •- . igSfe Upd " 2011 Legend f<� it Industrial j{��� City Center central Commercial Proposed Alryart-Dependent Oonsenatien/O S ® Develognent DiAnd pen pace �p Townsile Historic District Industrial 6� Proposed ata River 'd use Gateway NetururalArea Neighbmto,d Commends 'Pr`""A Proposed Coastal Trae Neighborhood Residential Rural Residential 0 0.125 0.25 0.5 Miles 1 1 1 1 1 1 1 1 1 28 'Village with a Past Gc with a Future MEMO: 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 1 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 '1111.' 1952 TO: Rick Koch. City Manager FROM: Marilyn Kebschull, Planning Administration DATE: September 14, 2011 SUBJECT: Comprehensive Plan — Annual Review Under KMC 14.05.010(a)(3), the Planning and Zoning Commission is required to, "Review the City of Kenai Comprehensive Plan on an' annual basis and conduct a minimum of one (1) public hearing. Said recommendations shall be forwarded to the Council for consideration." The Planning & Zoning Commission held a public hearing on September 14th and recommended Council adopt the updated zoning and and use maps for the Comprehensive Plan. As part of their review, the Commission was provided a table showing status of the Plan's implementation measures. With the beginning of the update of the Comprehensive Plan, there has been very little activity this year. There were two zoning amendments since last year's update. Attached is a report showing the information on these amendments. As result of the zoning amendments, the zoning and and use maps have been updated. The updated maps are provided as Attachment A, B and C to the ordinance. Attachments 1. Implementation Measures 2. Zoning Amendments 85 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZII -33 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL ADOPT UPDATED ZONING AND L LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, The Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, Kenai Municipal Code requires the Commission to review the Comprehensive Plan on an annual basis; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Amendments to the Official Zoning Map require updates to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the last update to the Zoning and Land Use Plan maps in the Comprehensive Plan occurred in August of 2010; and, WHEREAS, Amendments to the Official Zoning Map have occurred since August 2010 requiring an update to the Zoning and Land Use Plan maps within the Comprehensive Plan; and, NOW, THEREFORE, BE IT RESOLVED, that the Plarming and Zoning Commission recommends that the Kenai City Council update the City of Kenai Comprehensive Plan with adoption of the updated City of Kenai Zoning, and Land Use Plan Maps as shown on Attachment A (Map 6), Attachment B (Map 10), and Attachment C (Map 11). Dated at Kenai, 1gsIca Chairman 4th des -ef Sestember 20 ATTEST: '— 86 w City of Kenai Cornr ^.`pensive Plan - Map U 211h1 natIPPAInns PZ11- 33- Attachment A KenaiToda Map 6; Existing Zoning, City of Kenai; 2011 Cook Inlet Legend • Co4rnrvnfion :"„7: RuudResidential Lima& Canmertkl Rural Residential ,.enrol Mixed Use 6Ylb(Jba RespeMal CeNtl COmmeMdl Marenan Resienllal1 Gereral Commrckl e e tan Rxlnernbnl2 Llphl imtrshiel �'I.N`� IMmn N estjenllal tweak Tlmnzea tit an etlan Kevin Waring Associates 17 Map 10. Land. Use plan, City of Kenai; 2011 r City of Kenai Corporate Boundary Cora, Le gontl Mg Neon lntmhai EZS1 CtyOtnlee Cenlm4Cninnreluel �']�j'� PmPOeoe Aimed-Dependent OOVebwnenl OASlnq C OBSen'OOOI{OPCn Space Tbvmelle HUlolie. Distdd ' I ¢OU5Me1 PIP Xeial M .O WO G:PeBSBd nay=i1P •:rs NelepbonlooO Come AeI . Peop.SOd Coastal ha# Ne(ghbeF1ood RezOemlal Rnml Residenbel 0 0.4 0.8 1.6 Miles I I L I I I I I Kevin Waling Associates 27 City of Kenai Co.^:pmhenstvP )" - -. "::p; - +r, 2011 Map 11. Land Use Plan, Kenai City Center, 2011 Legend city cents, Cenirel eommnRael Ern Proposed ATrvcl.eela'nd4n La, owelopnenl nls'me Conservation/Open Bpai Townsno NiNdnc Olgnrt �• Mnasninl GmpasMY oat tT Getewdy Yato+nl Araa NeIgnbbIlrood Commercial "` P`nposod Coastal Tnil elsw«nem eesmomlal Porai Rosfdennnl 0 0.125 025 0.5 Miles 11 1 1 i 1 1 1 1 Kean Waring Associates 28 Ci �F Kenai - Zoning Changes 201021 201026 Monday, July 25, 2011 General Commercial to Limi 7/28/2010 Approved RR - IH 8/11/2010 Approved Tony Doyle Lot 3A Karen Moore Subdivision Cook Inlet Natural Gas Storage, LLC SE% SE> Section 4 Page 1 of 1 ft iT 1 RE FOLK * I2 iiL LEAD 0 T. STATUS City Center /Mfllennium Square CC Revise zoning code to create city center "overlay zone" Revise zoning code to create mixed use zone in city center update beautification plan for city center Develop circulation and parking plan for city center Focus senior housing and related facilities and multi- family residences in and near city center CC1 > Targets area defined for city center development planning A Promotes intensive mix of private and public activities, discourages inappropriate uses in city center A More attractive city center > Safer vehicular and pedestrian circulation in city center, more efficient use of parking > Strengthens mix of compatible uses in city center P &Z P &Z Parks & Recreation Public Works P &Z No Action. Central Mixed Use Zone (CMU) Ongoing No Action. No Action ' Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan CC2 A Intensifies public activities in city center A Promotes year -round use of public buildings A Protects scenic views of Kenai River, Cook Inlet, and Chigmit Mts. A Defines City's vision for the property and strategy for development Administration P &Z Administration, P&Z Public Works City Manager Parks & Recreation, Public Works Finance, City Attorney No Action No Action has been taken. Administration has recommended against overlay zones. Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Ongoing. In October 2007 $2 Million Bond was approved by Voters. No Action. Ongoing. No Action. Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business Improvement District (BID) Provide public amenities in city center Provide incentives such as tax abatement to foster private re- investment in city center CC3 > Protects long -term economic viability of Millennium Square property and city center A Coordinated private /public effort to revitalize city center A Sets up a financing mechanism to fund a vital, year-round, clean and safe city center > More attractive environment for city center > Creates a city center that attracts private and public investments IMPL>= ••MEI,I ATIOR MEASURE. City Center /Millennium Square POLICY CC ( RESULT . —C.EAD DEPT........ _ '. S ATUS Establish Millennium Square Task Force Prepare conceptual development plan for Millennium Square Identify source of any funds needed for site remediation Economic feasibility evaluation of Millennium Square development options GG4 ➢ Public/private forum for planning > Creates blueprint for ongoing public and private decisions for development of Millennium Square A Partner with native groups to insure that development plans respect the historical Shk'ituk'I'. site. ➢ Enhanced site development potential ➢ Financially sound development choices for public and private sectors Administration P &Z Administrative Public Works P&Z Kenai Economic Development Strategy (KEDS) Group was established to develop an economic development strategy for the community of Kenai and facilitate accomplishment of this strategy. 2007 Airport Supplemental Plan Pending further development plans for area. Pending further development plans for area. Pending further development plans for area. Review and update Townsite Historic District design standards CC5 Si. Incentives for redevelopment of this important city asset F Facilitates private investment consistent with TSH District standards P &Z Reviewed in 2006. Decision not to update at the time but to reconsider in the future. %0 IMPt N E tlow MtASURt PottcY ' kESULt LP1lt5 bEPt. STATUS RESIDENTIAL NEIGHBORHOODS R Subdivision and Zoning Code Revisions > Review and update existing site design standards, landscaping and open space requirements ➢ Review and update zoning district standards and procedures R1 R3 ➢ Inclusion of standards to reserve open space and parklands in new subdivisions. ➢ Promotes infill of existing lots already served by city services, ➢ Retention of natural vegetation in new subdivisions. ➢ Encourages creative subdivision designs. ➢ Provides for opportunity to add flexible zoning standards such as overlay zoning and mixed use zoning. Planning Dept. P&Z Pending Limited Commercial Zone/Updated KMC 1425 Revise landscaping standards and require larger setbacks between incompatible uses (14.05, 14.25, 14.20 14.24) R2 ➢ Promotes the siting and design of land use Planning Dept Building Dept. Updated KMC 14.25 that are in harmony and scale with surrounding uses ➢ Minimizes impact on established neighbor- hoods from incompatible, non - residential uses Zoning Code, Land Use Table and Development Requirements Table ➢ Include standards for various housing types and densities ➢ Revise code to allow residential uses in the commercial areas R4 ➢ Provides incentives to promote creative neighborhood design ➢ Allows for residences near commercial amenities and services ➢ Encourages residential variety and options Planning Dept. Pending Central Commercial, Limited Commercial, and Central Mixed Use Zones CC/LC /CMU Monitor types of residential development and rate of growth B Support federal and state programs for affordable housing R5 R6 ➢ Provides for adequate affordable housing ➢ Ensures an adequate supply of land is available for future residential uses Building Dept. Ongoing 1MPLEMENtAt.loN IVIEASUR ' POLICY _ �i SUL � L� • b bEPT. STATUS Commercial Land Use CM Tax incentives and Revision of Zoning and Development Requirements Y Standards for compatible uses in mixed use zones (7.05, 14.20, 14.24) Y City center overlay zone CM1 ➢ Promotes reuse and rehabilitation of vacant commercial buildings F Makes private and public investment attractive. Y Encourages positive commercial design and safe and reinvestment Planning Dept. Finance Dept. No Action CMUILG Zones Decision not to proceed with overlay zone. CMU zone established. Street Improvements ➢ Pedestrian amenities Driveway entrances and access points (18,10 030, 18.10 050} CM2 ➢ Promotes safe and pedestrian- friendly, walkable commercial areas Public Works. No Action. Zoning Code, Commercial District Regulations Y Landscaping standards A Buffer yard standards ➢ Setbacks, building heights, parking requirements (14.05, 14,25, 14.24) CM3 ➢ Ensures adequate landscaping and buffering between commercial uses and the highway. ➢ Provides for denser development with more mixed -use development. ➢ Establishes more suitable parking standards given the dynamic nature of commercial development. Planning Dept. Updated KMC 14.25 (LandscapingtSite Plans), KMC 14.24 (Development Requirements), KMC 14.20.250 (Off - street Parking and Loading Requirements} Amendment Procedures for rezoning areas for commercial uses (14.20.270) CM4 ➢ Adds criteria to amendment procedures to address access, setbacks and potential conflicts Planning Dept. No Action. Industrial Land Use IN Amendment Procedures for rezoning areas for industrial uses (1420.270) lN1 ➢ Adds criteria to amendment procedures to address street standards, access and potential conflicts Planning Dept. No Action. Zoning Code, Industrial District Regulations (14.20.130, 14.20.140, 14.24) IN2 1N3 iN4 ➢ Conserves industrial districts for industrial uses A Protects industrial land base A Updates industrial zoning district intent statements B Minimizes impacts from new industrial uses and establishes standards that address light, noise, traffic, dust and other impacts Planning Dept. No Action. �%t r • _i r : t0 Ft,7J1 ASURI .. Natural Setting P040Y r N .... Resat 1,EAT)DEPT. , . stAtiTS Revise definition and application of the existing conservation zone district N1 A Clearer description of the intent of the zone and when and where the zone shall be applied. P&Z No Action. Re -open discussions with State on terns for joint establishment of Kenai River Gateway natural area N2 A Creation of high -profile resident and visitor amenity with access and recreational improvements Administration Collaboration with Kenai Watershed Forum on viewing platform. Created one -way access for dock area and additional parking for dip net fishery Continue pursuing funds for bluff stabilization efforts, N3 > Preserves valuable public open space and scenic views Supports Millennium Square development opportunities. Public Works . Ongoing. $2Million Dollar Bond Approved by voters. Ongoing, As areas are identified, boardwalks are being placed and fencing to discourage access to sensitive areas. Updated KMC 13.30.080 to protect areas from vehicle traffic. Identify and limit development in designated natural hazard areas N4 A Promotes public safety and minimizes the loss of lives and property . A Retains hazard areas In their natural state. A Creates opportunity for creative, innovative design of properties. Planning Dept., Public Works Develop map of public trails and open space Post points of safe public access N5 > Promotes use of public open space and trail system. 9 Promotes public safety and discourages use of unsafe access. D Minimizes trespass issues across private property. Planning Dept. Public Works Casey Planning & Design preparing draft plan. Ongoing - signage placed as needed. KMC 13.20.040 Trespass Ordinance Establish private volunteer programs like "develop -a- park ", ^adopt -a- park ", and "adopt -a- stream" NB A Supplements public efforts to provide and maintain recreational areas. ➢ Creates a sense of pride in and "ownership' for local parks and streams. A Coordinate program with other agencies. Parks & Recreation Beautification Committee oversees city gardens and adopts gardens. Subdivision standards revised to include provisions for open space in subdivision design or by acquisition NT A Promotes incorporation of natural features into subdivision design . A Where appropriate, wetlands and drainage ways for natural functions and as open space can be acquired and/or protected. P &Z, Public Works Pending eo a' IMPLEMENtAtiCIN'MEA9URE " P POLICY R R BULL L LEAD E;EPt. S STATUS Kenai Municipal Airport A AP ko IMPL1= TuTENTATION MEASURE Community Facilities LIO` CF - 1 -Ft SUL " .. " r: LEAD DEPT. Public Works � S"T"ATUS _. . The City requires developers to extend water and sewer mains if necessary. Sewer and Water Facilities Master Plan recommendations implemented. Subdivision Code (14.10) specifies when infrastructure to be constructed. CF1 ➢ Infrastructure in place in conjunction with future development. A CIP coordinated with infrastructure extensions. Public Facilities designed and sited consistent with Comprehensive Plan goals CF2 > Existing facilities are evaluated for deficiencies and improvements on a regular basis. New facilities address projected demand and meet level of service requirements. Public Works Planning Dept Ongoing. Coordinated school site selection and facility design. CF3 F Supports working relationship with school district officials. Administration No Action. Location and design criteria for new parks and recreation facilities added to Parks and Recreation Plan (14.25). Establish a system to support development, acquisition and maintenance with the private sector. CF4 CF5 A New parks and recreation facilities are designed and located consistent with comprehensive plan goals and policies. A Neighborhood park development is supported . P Private - public collaboration for the acquisition, development and maintenance of parks is encouraged and supported. Parks and Recreation Parks and Recreation Draft park study prepared. No Action. City passes resolution supporting joint use. CF6 A Joint use of facilities result s from coordination between City and KPB School District. Parks and Recreation No Action. Coordinate infrastructure improvements with promotion of City Center and Millennium Square development. Zoning Code revisions to allow residential and commercial uses (14.20). Actively promote access to the city center using signage. OF7 > Residential and commercial uses in the City Center continue and expand. > Tourism directed to City Center. A Millennium Square "ready" for development when time and project comes along. A Senior citizen residential and other services expanded. Public Works, P&Z No Action Ongoing. Central Mixed Use Zone /Properties Rezoned KSH Signage for Public Facilities Coordinated delivery of public safety services. CF8 > Continued cooperation with Kenai Peninsula Borough Division of Emergency Management A Adequate police, fire, and EMS services for Kenai residents. F Minimized loss of life and property. Public Safety Ongoing. City center continues as focus for senior services, activities, housing, and amenities. CF9 CF10 CF10 CF11 > City Center/Millennium Square becomes focused "area of opportunity" A Additional number of residential facilities for seniors. A Senior services expanded A Consolidate senior services with other organizations to insure that needs are met without duplication of services. Senior Center Planning Dept. No Action. \theu ref/ KENAI, ALASKA V Village with a Past, Cc ty with a Future" MEMO. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM: Mar ilyn Kebschull, Planning Administration "�, DATE: September 14, 2011 SUBJECT: Planning & Zoning Request for Legal Representation lantal 1III�. 1992 At the August 24th Planning & Zoning Commission meeting, the Commission voted to submit a request to Council to provide legal representation at all Planning and Zoning Commission meetings. During the September 7`I' Council meeting, Council discussed the request and set the tern as a discussion item for the September 215` Council meeting and asked the Commission to provide additional information to support the request. At the Commission meeting on September 14`h, the Commission discussed Council's request for additional information. The Commission has been advised that the City Attorney provides representation to all agencies of the City. (KMC 1.55.020 Duties. The City Attorney shall be the chief legal advisor of the Council and all other officers, departments, and agencies of the City government in matters relating to their official powers and duties.) However, during the Council discussion, one Councilor stated there may be matters wherein a conflict could occur with the City Attorney providing legal counsel to the Commission. The Planning and Zoning Commission is charged with two types of decision- making, legislative and quasi - judicial. Legislative issues are those issues wherein the Commission provides recommendations to Council. There does not appear to be a conflict of interest for the City Attorney to provide guidance and assistance as the Commission works through drafting amendments. There could be a conflict of interest on quasi-judicial matters wherein the Commission makes legally binding decisions which may be appealed to the City Council acting as the Board of Adjustment. In those situations, it may be appropriate for independent counsel to provide guidance. The Commission is aware of the support the Council is given by the Attorney during Council meetings dealing not only with legal questions but procedural issues. Council commented that the City Clerk is available to provide guidance to the Commission on procedural issues; however, the Commission is seeking a legal resource that can provide both guidance on 98 Memo - Planning & Zoning Request for Legal Representation September 14, 2011 Page 2 procedural issues and legal decisions. Council seems to be focused on form over substance requiring rigid adherence to procedures without considering intent. This came to the Commission's attention when the Commission voted to postpone action on Ordinance No. 2546- 201 lwithout specifying a date certain, which was interpreted under Robert's Rules that an indefinite postponement is to kill the motion even though the motion clearly stated the intent was to continue work on the ordinance. The Commission believes that having legal representation available at meetings would streamline processes and that legal opinions and guidance could be provided when questions arise. The existing process wherein administration relays the request creates delays and causes frustration to both the Commission and the public. And, in quasi- judicial decisions could result in unnecessary legal consequences. The Commission understands the additional staff time that would be required for counsel at meetings and the consequent budget costs for the additional time. There may be an opportunity to eliminate some issues with the Attorney preparing draft ordinances prior to the Commission's consideration of proposed amendments. Also, there may be meetings wherein the business before the Commission may not require legal counsel. At a minimum, the Commission hopes the Council will consider the request on a trial basis. The Commission appreciates Council's consideration of this request and hopes that Council recognizes the benefit to the Commission and the City and approves the request. 99 KENA , ALASKA V Villaye with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1111' 1992 v►Evro: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: September 14, 2011 SUBJECT: Planning Commission Training The Alaska Chapter of the American Planning Association is sponsoring a conference in Fairbanks November 6 — November 8, 2011. Attached is a copy of the draft agenda for the conference. The cost estimate to attend the three -day conference would be approximately $1100 per commissioner. The Commission discussed the training opportunity at their meeting on September 141" and voted to request Council approve funds for three commissioners to attend the training. Attachment 100 2011 Alaska Chapter of The American Planning Association Conference - Agenda! Onlin... Page 1 of 6 2011 Alaska Chapter of The American Nanning Association Conference ADVANCED PLANNING COMMISSION TRAINING • These training sessions are tailored specifically for Warning commissioners. Traditionally, the chapter has offered this training every fall at AML. Planning cornmisvoners iooking for the Pm:aidnal training should attend the sessions marked: "PC SESSION.' MOBILE WORKSHOPS • These session take place oliside of the Westmerk hotel. Transportation is provided. There is a fee of 910 for each mobile workshop. • These events are space limited and on a "first come- irst-serve basis. • Please only choose one mobile workshop. This will give more opportunities to a great number of people. KEYNOTE: • All keynote presentations are included in the price of registration and include a meat. EVENT: • These are special events that may require advanced registration and /or a fee. You may bring a a guest to these event✓, please indkate so dung registpatim. AICP CREDITS: • We will be providing a law and ethic session. AICP credits wit be available for these sessions. " Please note this schedule maybe subject to change. Sunday, November B, 2011 MOO AM - C09 PM 12:00 PM - 4;00 PM REGISTRATION TRAINING WORKSHOP: Advanced Planning Commissioner Training This training workshop is designed for seasoned planning commisdoners locking to broaden their RAM set. This half- day session will feature interactive presentations from subject matter experts on a variety of topics Including: land use pienning, decision - making, zoning, and ethic;. Speakers will share advanced planning concepts and discuss practical situations commonly faced by planning commissoners. Take edventageofthis unique opportunity to add to your professional toolbox. innovativeComprehensive Planning, Environmental Planning and Sustainabirity, and Climate Change In Alas Ice • Special Session presented byformer Matanuska Susltna Borough Manger, John Duffy. The session will consist of both a lecture and discussion format on the need for inclusion of sustelnability within community comprehensive plans. The dlsmssion Will relate to the national and Alaskan examples. An update on APA National's Sustaining Places efforts wit also be provided. o Additional Agenda Items WIN Be Posted Soon. Monday, November 7, 2011 7:00 AM - 9:00 AM 6:00 AM . 9:15 AM REGISTRATION and BREAKFAST KEYNOTE; Vic Fischer, FAICP Vic Fischer can truly be considered Alaska's first professonai planner. After receiving a Masters degreein City and Regional PlannIng from MIT in 1950, Mr. Fischer moved to //asks to serve as the first town planner with the Bureau of Lend Management In 2005, the Alaska WA Chapter proudly nominated Mc Fisher as a Fellow to the American Institute of certified Planners. During the Breakfast keynote Address, Mr. Fischer will present his perspective on the planning issues of yesterday and today. 9:30 AM - 10:30 AM Newtok to Martarvik !Shelly Wade, Senior Planner- Agnew :: Each Consulting A case study of how loot leads, in one western Alaska community are driving the effort to relocate their village in the face of environmental threats. 9:30 AM - 10:30 AM Airports & Compatible Land Use Kimberly Wetzel, Planner- URS Corporation Paul DePelatis, Senior Planner URS Corporation Tyler Robinson, Devebpment Finance Manager- Cook Inlet Housing Authority (Former Anchorage Long Range Planning Manager) Gabriel Mahns, Alaska Airports Division - FAA John Johansen, Engineering, Environmental and Planning Manager- Ted Stevens Anchorage International Airport Airports h Alaska are commonly owned and operates by the state, yet their locations may fall within a larger municipality or borough. This situation can create tensions among stakeholders. Additionally, the purpose of loci and use regulation and FAA regulations can create friction because of the difference In regulatory foundation a and objectives. Learn about relevant FAA regulations and considerations for negotiating compatible land use approaches when airport and community growth collide. httpi /www.cvent.com/ events / 2611- alaska- ehapterWihe- american- planning- association -c.., 9/14/2011 2011 Alaska Chapter of The American Planning Association Conference - Agenda I Onlin... Page 2 of 6 9:30 AM - 10:30 AM PC SESSION: Role of the Planning Commissioner and Economic Nicole Grewe, Ph.D., Economic Analyst - DepaYCment of Commerce, CpmnuniW, Development Learn more about the foundations of planning In Alaska. This session will explain the role of local government in relation to Alaska State Statue Tide 29 and tow Title 29 interacts with City Councils, Assemblies, and Staff. In addition, this session VA aimlaln the vital role of Comnenity Plans and how local land use ordInences are created. 10:45 AM - 11:45 AM PC SESSION: Land Use Planning And Decision Making 10:45 AM - I1A5 A Lauren Kruer, Planner II- Matanuska Susitna Borough Jim Lee, AICP, Deputy Director, Community Planning Department- Fairbanks North Star Borough This session takes a closer look at many of the typical aromas and decision making tools Planning Commissioners work with This Includes; comprehensve plans, zoning and subdivision regulations, variances, sonata-la use, and allowable use permits, and captal projects. By the end of this session, Planning Commissioners will know how to ;better understand, work with, and discuss these various topics. Sustainable Ruraf Communities - What Must Be Done George Gannett's, Former Federal Co-Chair of the Denali Commission from 2005 -20D5 team about the major issues facing rural Alaska and the important cornpoients of sustainable development. Following a presentationcf case studies, participants will break into topic groups to Identify innovative strategies for responding to these major issues from a planning perspective. Asummary of the group's results will be available to share as a resource for community development professbnals and decision- makers 10:45 AM - 11'.45 AM Working Toward a Sustainable Future for the Fairbanks North Star Borough Bob Hensley, Fish and Wildlife Biologist — Conservation Phoning Assistance, U5 Fish And Wildlife Services This session will how the Fairbanks North Star Borough Is working to create, research and use GIS and other technologies for planning. Most recently the Fairbanks North Star Borough is preparing a G15- based Land Use Capability Map and a Natural Features Map to help update the 21 -year old Regional Comprehensive Plan Map. Physical and biological features that most affect development capability and natural features were classified into logical groups (e.g., no soil subsidence to high likelihood of subsidence), ranked from negative to positive effect, and than combined to produce a composite map Indicating least capable/value to most capable value 12:00 PM - 1:15 PM KEYNOTE; Lunch With Paul Femme, CEO and Executive Director of APA & AIg+ Paul Farmer is the Executive Director and Chef Executive Officer of the American Planning Association (APA) and American Insttnte of Certified Planners (AtCP). In this cepadty, Mr. Farmer works directly whit theelected leederelip of APA to direct the long -term strategic direction of the organization. Mr. Fanner is responsible for representing the leadership of the APA, Its members, end the Interests of the planning professon with partners and the general pubic, PM - 2:30 PM Don't Confuse Activity with Resuhst A content -based approach to meeting facilitation Sarah Barton, Executive Vice President, Strategic Planning - RISE Alaska, LLC I.earn to move beyond the standard process of meeting setup to activecontent ongegerhent during meeting design, facilitation and summary. What does it mean to strategical), engage the tools of the trade ?Using case study presentations and group exercises, this Interactive session will focus on meeting design and facilitation from the perspective of client outcomes. 2:30 PM Indigenous Planning for Tribal Transportation Byron Bluehorse,Program Manager- OAF -IAC Alaska Tribal Techncal Assistance Program Planning Constructing and maintaining transportation infrastructure In ruai Alaskan villages is a challenging and unique process. The intent of this session is to provide an overview of the challenges and opportunlriee in utilizing the Indian Reservation Roads (IRR) program and to introduce an Indigenous planning process for tribal transportation. 1.:30 PM - 2:30 PM PC SESSION: Importance of Documentation for the Planning Commissioner Nicholas Spiropoulos, Borough Attorney— Matanuska Sushna Borough Documentation can be oneof the most crucial parts of a well -run meeting and a property executed decision. This session will go over the essentials of "findings of fact" and meeting minutes. Examples will be given through cases http: / /www.cvent. com /events / 2011- alaska- chapterbOe- american- planning - association -c... 9/14/2011 2011 Alaska Chapter of The American Planning Association Conference - Agenda [ Onlin -.. Page 3 of 6 'studies and a "top 5 biggest mistakes° list. This session should be a MUST for all Planning Commissons, new and seasoned. 2 :30 PM - 4:00 PM ETHICS SESSION Laurie Cummings, AIIOP, AK -APA Chapter Professional Development Officer 'Mitzi Barker, PATCP, National APA Board Member JThls session will provide material read red to earn 3,5 ATOP credits withh the "ethics" category. More details about session will be posted as they become available. 2:45 PM - 3:4S PM Cultural Re sources and Tribal Planning- Building Connections Rosette Alcantra, Commissioner, Mat-Su Borough Historic Preservation Commission Fran Soager-Boss, Cultural Resources Director, Matanuska 5uaih:a Borough Angle Wade, Environmental Planner, Knik Tribal Council This session will provide an overview of cutural resources and Suction 106 of the National Metope Preservation Act. Highlights wil include the Importance of positive partnerships at local level end understandeg the basis of consultation processes. 2:45 PM - 3:45 PM Non - motorized Transportation Planning in Alaska Patrick Cotter, Planner /as Specialist - PDC INC Engineers Donna Gardno, MPG Coordinator, Fairbanks Metropolitan Area Transportation System (FMATS) Non-motorized transportation projects are an Importart aspect of provddi g a safe, efficient, secure, and Interconnected multi -modal tranipoiadon system.. Drawing upon recent non-motorized projects In the Felrbadts area, this session will cover the opportunities and challenges of non - motorized transportation planning in Alaska. 4:00 PM - 5:15 PM Transportation Project Development and Improvement Within the State of Masks Laurie Cummings, AICP, Planner- MDR, INC. Alaska Is still building its baskMansportation network, before any road construction can occur, It needs to go through the project development process. This session will provide an overview of the project development process from idea to the start of the National 2nvirenmentai Pollpy Act (NEPA) process. In additional to building sew roads, we are constant state of Improverrent for our existing road network. Ibis session provides a brief history and overview of the State of Alaska's StatewideTransportation Improvement Program (SIP) and information on how projects are nominated and eieluated for inclusion in the SIP, Topic to be discussed include project funding, public Involvement, Gerrit/a, planning, and linking planning and environmental components 4:00 PM - 5100 PM Making Your Code User - Friendly Steven Van Steenbuyse, AIIP, Senior Planner -1SL Planning, Inc. In our ino- easingiy connected world, citizens are demanding access to understandable, easy-to-use government regulatiots. This session will explore strategies and took to make monGGoai codes more accessible, and easier to understand and use. 4:00 PM - 5:00 PM PC SESSION: Panel Discussion Members of thane nel: To Be Announced Have a question your dying to ask? Need to throw an idea out Gem? The panel discussion Is the perfect place for just that. A panel made up of various perspectives; planners (both public and private), a developer, elected official, land commissioner will give audience members feedback as well as entourage discussion among audience memoea. 0:30 PM - S:30 PM EVENT: AK -APA Conference Reception The Alaska APA Chapter welcomes you to join us at the Alaska Planning Chapter Conference Reception. Experience the grandeur of Interior Alaska at the MomisTnompson Cultural Center located on the banks of the Chena River in downtown Fairbanks. Guests will enjoy a welcome by honored guests, traditional Alaska Native dancing, an assortment of fine cuisine, and access to the beautiful Cultural Center exhibits. A cash bar will be available. http: / /www.cvent.com/ events / 2011- alaska- chapter3oae- american- planning - association -c... 9/14/2011 2011 Alaska Chapter of The American Planning Association Conference - Agenda I Onlin... Page 4 of 6 Tuesday, Novembers, 2011 15:00 AM - 9:30 AM LAW SESSION Speaker to be Announced This session will provide material retired ho earn 1,5 AICP credits wRNi the 'law" category. Details ebc session will be posted as they become atailable, 8:00 AM - 9:1S AM Parliamentary Procedure Breakfast Merle Jane, MA, Jane and Associates What to run a smooth meeting? This session all help you do list that by providing an interactive take on parliamentary procedtre for planning and platting board /commissions, Learn qutk bps and standard practices to apply at your own meetings, Bring your questions and comments, 9:30 AM - 10:30 AM Hazard Mitigation Opportunities in Alaska Doug Sims, Fioodpiain Administrator — Fairbanks North Stareorough I Partiopants will gain a basic familiarity of the five different types of hazard mitlgationgrent funding offered by FEMA. The session wll highlight two examples of mitigationprojects within the Fah-harks North Star Borough including a propertybuyout program and structural elevation project. 9'.30 AM - 10:30 AM Using Defensible Space to Build Community and I rove Puliic Saf Allen Kerrplen, AICP, Transportation Planner Learn about the concept of "Defensible Space" and see how It was applied in an urban Alaska neighborhood. Participants will acquire an appredation for the Inter raiatlonship between land use and transportation decisions, how it efghas human behavlorand the resultant impacts on community development. 9:30 AM - 10:30 AM Visioning A Tribal Cultural Revitalization Program Steve Becker, 11AF- interior Aluetiens Campus Wilson Justin, Cheesh'Na Tribal Council Patty Heyano, Bristol Bay Native Association This session focuses on two case studies involving community -based approaches to visioning In the rural Alaska. The Cheesh'Ns Tribal Council of Chistochina, in partnership with the UAF Interior - Aleutians Campus, has begun development of a cultural revitalization program centered around workforce development and service learning. This session will explore that vision, present some of the key concerns and concepts to be addressed by the program, and discuss the planning that has occurred to date. The Bristol Bay Regional Visioning Project was founded in 2010 to give voice to the shared values of the people of the region, Learn about how Bristol Bay organizations worked together to create a visioning process that engages people and institutions In all 31 Bristol say communities. 10:45 AM - 11:95 AM MOBILE WORKSHOP: Historic Siennga Pat Sackinger, Historic Preservation Commission — Fairbanks North Sur Borough join us on a unique walking tour o' historic buildings in Fairbanks. Learn about the Historic Interpretative Signage project, the role of the Fairbanks North. star Borough Commission in Historic Preservation, and current preservation grant opportmitles in Alaska. 10:45 AM - 11'.45 AM MOBILE WORKSHOP: Ste Visit to Taiga Woodlands — A Cluster Development or "Conservation Subdivision" Jack Herbert, President and CEO — Cold Climate Housing Research Center Cluster development or conservation subdivision? loin us on a walk through of Fairbanks' first cluster development. Experience this successful and livable neighborhood first-hand and hear about how de elopers created such a unique development, http: / /www.cvent.com /events /2011- alaska - chapter 4e- american- planning- association -c... 9/14/2011 2011 Alaska Chapter of The American Planning Association. Conference - Agenda i Onlin... Page 5 of 6 10:45 AM - 11:45 AM Playlrook for Planning in Rural Alaska Charlene Stern, Rural Alaska Community Action Program (RURALCAP) Krista Heeeringa, Tanana ChiefsConference This interactive session will introduce some of the unique opportunities and challenges of planning In rural Masks. Presenters viii lead participants through a hands -on demonstration of community engagement strategies. The goal of the session Is to share practice techniques and exercises that Alaskan planners can use in the field. 10:45 AM - 11:45 AM Sustainabtity Through Social Enterprise Kas Aruskevich, PhD- Evaluation Research Associates LCC Prena McIntyre, Tecquan Consulting Social entrepreneurs are people who are pasionete about positive social change. They work with others to achieve a soda! benefit N Alaska mday, the non - profit model is typically the vehicle that helps many communities and orgaruzadons achieve their social goals. But a non - profit Is not your only choice The session will discuss different . vehicles communizes can use to Conduct affective outreach, support growth, and increase sustainablilty. 12:00 PM - 1:15 PM KEYNOTE Lunch with David Montgomery David Montgomerywill bespeaking on the affect of land use planning decisions on Salmon. David Montgomery is the author cis "King of Fish: The Thousand Year Run of Salmon" and a McArthur Foundation Genius. He studies the evolution of topography and the Influence of gecmorphological processes on ecological systems and human societies. David received his B.S. In geology at Stanford iJniversty (1954) and his Ph.D. In geomorphology from UC Berkeley (1991). His published work Includes studies of the evolution and near - extirpation of salmon, fluvial and Hlisiope prwosses in mountain drainage bashs, the evolution of mourtain ranges (Cascades, Andes, and Himalaie), and the anabsis of digital topography. Curent research includes field projects in eastern Tibetan the Padflcliorthwest of Forth America. 1:30 PM - 2:30 PM Developing a World Class Port Emerson Krueger,Plenner II - Matanuska Susitna Borough Loam about the history leading up to the construction of Port MacKenzie as well as efforts to sec tre infrastructure funding, port master planning, and challenges associated with port operation in Alaska. 1:30 PM - 2:30 PM Food Syatema Planning in Alaska Heather Stewart, AICP, Associate - Agnew :: Reck Consulting This session will provide an irSVduction to food system panning and its rslavanes In Alaska. Presenters call share Information abort two examples of food systems planning in Alaska, the newly formed Alaska Food Policy Council, a statewide food assessment by the Institute of Social and Economic Research and strategies for furthering food systems planning and policy at local and regional levels. 1:30 PM - 2:30 PM Planning for Alaska In the Contextof Climate Change 'terry Chapin, Institute of Arctic Biology - University of Alaska This session noises on recent and projected patterns of climate change in Alaska and their Implications for community and regional planning. Them; of permafrost, increased vddfire rldts and charging sub -arctic conditions require planning that can address community goals under novel and uncertain conditions. 2:45 PM - 4:30 PM Current Planning-Related Funding Opportunities with HUD and FHWA David Vought, Susteinabliity Officer /Native American Program Specialist - HUD Wis Raisnbeig,Plannng, Research and us Program Manager- FHWA Alaska OEvision The Partnership for Sustainable Communities is a new partnership between the Department cf Houeng and Urban Development, Department of Transportation, and the Envirmmental Protection Agency. Participants willlearn about this unique grant opportunity and how to apply for funding for regional and community pianMng projects related to Ilvablllty principles. 2:45 PM - 4:30 PM MOBILE WORKSHOP: A Holistic Approach to EnergyEfficient Living in Alaska tiEJ httpl/www.cvent.com/events/201 l - alaska- chapterSie- american - planning- association -c... 9/14/2011 2011 Alaska Chapter of The American Planning Association Conference - Agenda [ Onlin.,. Page 6 of 6 Karl Kassel, Former Packs and Recreation Director- Fairbanks North Star Borough Tour one of the premier energy efficient homes In Worth America. Learn more about thlsbrll %ant euample of an Integrated synergistic renewable energy system and discuss potential apphrat:ens and advantages for your community. 2:45 PM - 4:30 PM MOBTLE WORKSHOP: Tour of the Cold Climate Housing Research Center 5:00 PM - 7:00 PM Sack Herbert, President and CEO — Cold Climate Housing Research center Tour the world's farthest north LEE) platinum facility. The Cold Climate Housing Research Center was created to facilitate the development, um, and testing of energy-effident, durable, health/, and cost - effective buildhtg technologies for people living in circumpolar reglors around the globe. Heerfroni local experts about how adtenced building science Integrate; with good sustainable planning practice. EVENT; AK -APA Chapter Annual Business Meeting All AK -APA Chapte- members are encouraged to attend this meeting. http: / /www.cvent.com /events / 201 1- alaska- chapters e- american- planning - association -c... 9/14/2011 "Village with a Past, y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us 1 • : ran u To: Mayor Porter, Council Members From: Corey Hall, Deputy City Clerk Date: September 15, 2011 Re: Discussion item -- City Clerk Retrement Expenditures Attached is the e-mail request I received from Council Member Moore, along with the document he requested be included in the packet. Attachment. 107 Corene Hall From: Joe Moore [joem @altrogco.com] Sent: Wednesday, September 14, 2011 8:50 AM To: Corene Hall Cc: Rick Koch; Mayor Porter Subject: 9/21/11 Agenda Hi Cory, Will you please include on the agenda for the next meeting a discussion item titled "City Clerk Retirement expenditures" Please include a copy of the documents given to the local radio station under the FOR as information items related to this discussion. Thanks Joe Moor. Ai.tmaii Roo 44,539 Sterling i ng txw sty 20 soldowa �/ SK - 262-7478 1 108 Vendor No. 16347 City of Kenai, AK 210 Fidalgo Ave, Kenai, AK 99611 907- 283 -7535 FOOD SERVICES OF AMERICA P O BOX 196073 ANCHORAGE AK 99519 Pa=t # Activity Code: 0 antt Descriotion 1.00 MISC. SUPPLIES /CLERK RETIREMENT No. 96363 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/20/2011 GL Account Unit Pric Total 0011401 -5041 581.13 581.13 Total Freight Total 581.13 Department CLERK Finance Director. SEEVIC i3'Rt TIN 41-0826179 -, PLEASE - BEM ITTQ' 'ICE NUMBER' - PAGE 1C000NT NQ r <f: CUSTOMER PHONE NO - CUSTONIER "PO NO' 6 14. ENI lEM 0 OUN• 3 3 RECEIVEL7 3Y X DRIVER, S nun prroD AC GIILIURAL COMRAODrtiES FISTED ONTRi< IUVOICE APE SCLD SUB�iECT 1T)THESTATUTORV Tfit14T'M1UTHOAI]Fp ev SECnON 514) OF +HE f FRtSHA6L AOIJRIFS ACIIWt U C4W (r))'Mt ELI i'R OFTI�SE COhi4OOWLS RETAINS ATRUSL CLAIM OJER-MESE COM!SOxRI CZ)141I EN t UHIFS 44 .F0 Of a FREIGHT P_ 5 DERIVED FM, mESC COME OC,ROES AND AW REOEIVE.ASLES OR RROCEEDS Ff1(M7THESN.E OI'THESE COMMODITIES UM1L FULL +'AYMENI IS RECENELL i , ON ALL ' O OCR Orli PFR G NUM BEANIE ENAR E IlL E CHr gGCR TAX NCI: Cl PIECES • D RETURNED CH CKS SUbJECETD HANCIDJG FEE ' - ,CCOUNT NO. 0,4 r DMA FOOD SERVICES:- OF -.NUR NAL SH P • TG: ] 5 4 TIN 41- 0626179 PLEf =MIT TO: S27519 501,..13 etJ' or K. NL ,,r SND cTR _ 361 '515;t4 OR CT Ii6Y 1 A iNYGICE DATE, 24:y25 t KENA.I (NVbIOF!MUMBER -- PABE'. �- CUSTOMSFh'i`PHONE NO:� CUSTOMER P.O NO. RDER RE aI. 'amp. ALES ASSOCIATE EClYEF1Y'JNSTIUG VOA CREDIT . COPY. -4, EREU 00121 _I /40 , Ik.DO9 .3C 330N 14,170,-, 50003-- = S-00 O AS t-1ELF? UNIT PRIDE 3 5" 40_1 AMOUNT TA E ` U G14,13.45 TNENTS 255.. 05 TUT f �EG'IVEU Yx DRIVER 4 r ATOP HE PERISNARIF ASR CUISURAL COMMOOD1E5 LISCED ON THIS INVOICE ARE 501.0 SUBJECT T0 THE STATUTORY TPUSPAUTHORIZ D BY SECT 5(07 OF THE PERISHAPT AGR CULTURALCOMMODRIES ACT 1930 (.1 U.S.O.499e(01 THE SELLER OFTRESE COMMONIIE5 RETAINS A TRUST CLAIM CVEWNIESE COMMDDI0ES, A L INVENTORIES OF 0000 OF OTHER PRODUCTS OERIVFD ERON1111ESE COMMODITIES, AND A iY REX-0VEAHIES OR PROCEEDS FROM THE SALE OFTHESE CCMMCDI'RES UNi1L REL PAYNE:ITT IS RECEIVED. NO, OF PIECES i _ 50 X PER MONTH q95. ('f PER ANNUM SERVICE CHARGE V11.LHE CHARNEL) - - ON ALL PAST DUE ACCOUNTS RETURNED CHECKS SUBJECT 10 RANDOM' FEE. www.fsafood.com • FROZEN r 5MR GI CUE . • CH 1 L01E11 FREIGHT s TAX 0AYTHS AMOUNT . ,, ^.s TflMFR' -C OClPY Fast Fun. Easy. SUPERCENTER OPEN 24 HOURS MANAGER FERDINAND D0MINIC STN 4474 OPN 907 TEN 0971 TRW 00169 PUCKER CAMP 066215406636 10.00 X CKER CAMP 066215406631 10.00 X NAPKINS O01117932411 0.97 X NAPKIN 001117932991 0.97 x PLATES 001117934144 1.08X PLATES 001117934144 1.08 K CURLING RDN 002652101979 2.24 X SUBTOTAL 26.34 TAX 1 6.000 X 1.56 TOTAL 27.92 DEBIT TEND 27.92 CHANGE DUE 0.00 EFT DEBIT PAY FROM PRIMARY A(:000NT : 5127 27.92 TOTAL PURCHASE REF N 116600483154 NETWORK ID. 0056 APPR CODE 211440 06/14/11 10:49 :39 # ITEMS SOLD 7 TOII 0855 3563 3177 3540 9747 E�► N� II N NN N Ij 11 Low prices Every day On everything Backed by our Ad Match Guarantee. 06/14/11 18:49:41 PETTY CASH Approved By 112 .. rurcurrkac urcucns City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 99611 907- 283 -7535 KE \` KA Vendor No. 173'3 SAFEWAY FILE NO. 72905 PO BOX. 60000 SAN FRANCISCO CA 94160 -2905 No. 96302 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/14/2011 Part # Quantity Descdotion GL Account Unit Price To 1.00 CAKE /CLERK RETIREMENT Activity Code: 0 001 -401 -4531 65.00 Total Freight 65.00 Total 65.00 artment: CLERK Finance Director: 113 SAFEWAY STORE MGR DOUG JUNG 907-283-6300 THANK YOU FOR SHOPPING WITH US! 1-CS ?al-LcULA BAKED GOOOS SPECIAL ORDER CAKE TAX EXEMPTION **** TAX *DO VF DEBIT CARD 6_,2 crud , 58.99 B 3.51- BAL 58.99 78.99 CHANGE 20.00 NUMBER OF ITEMS = 1 6/15/11 15:05 1808 11 0232 7299 join the SaFewaa Club todag. Membership is Free and Instant. YOUR CASHIER TODAY WAS LINDA LET US HEAR FROM YOU 1-877-723-3929 Cr visit SAFEWAY.COM EF CARfl4D 10 ALTR BACK SAFEWAY STORE C808 10576 KENAI SPUR HIGHWAY • KENAI, ALASKA 99611 — 907-283-6300 BIT SALE 06/15/11 15:05 PRIMARY NSACTION AMOUNT AMOUNT KRISTA S STEARNS REF: 110615150621 114 78.99 20.00 4 I ? t, r',Om Vendor No. 14288 STEARNS, KRISTA PO BOX 1295 KENAI AK 99611 r vR�.nn.7C LOICLI IC City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 99611 907- 283 -7535 No. 96304 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/14/2011 Part # Activity Code: 0 Quantty Description GL Account Unit Price Total 1.00 REIMBURSEMENT /GIFT CERTIFICATE /CLER 001 -401 -5041 150.00 150.00 Total Freight Total 150.00 ment: CLERK Finance Director: 115 RECEIPT • DATE RECEIVED FROM K4i- ADO USE Na A 420107 , ACCOUNT HOW PAID Ma OF ACCOUNT f 1 CASH I AMT, PAID CHECK rii-370 BALANCE DUE I MONEY I ORDER -7(2.244.-ren4ale BY 116 Woo nags sums ) -fiff.1,4/ P4/,/, Vendor No. 14288 STEARNS, KRISTA PO BOX 1295 KENAI AK 99611 r v.Jn La IPloadill— As= %own— City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 99611 907 -283 -7535 No. 96345 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/20/2011 Part # Activity Code: 0 Quantity Description GL Account Unit Price Total 1.00 REIMBURSEMENT /COUNCIL GIFT /CLERK RE 001 - 401 -5041 350.00 350.00 Total Freight Total 350.00 Department: CLERK si Finance Director: 117 :erti ticate Preview To: Carol. Freas From: Kenai City Council Date 6/1512011 Issued:. Certificate Code; G 1 YT- RDLB -ESF 7 -N46S Message: Enjoy your ite0remen nttpsixrt.ww.alaskiaair.cancc. fteat sleet /CnVi e ateConfirm a spx C !FT CERCT €FJCATE deem Your Gift Certificate 1 Go to-www.alaskaair corn and shop for your desired itinerary. 2, Select your flights, enter traveler ln nrmatlon, and select your seats, a On the 'Reservation and Selling information' page, seleor other the Use My Wallet funds" check box, if you have certificates :. deposited to your My Acedunt wallet, or the 'Use Certificates' check box 4. When selecting the' Use Certificates option, enter your certificate code(s) and correspondaug,PlNNs). You may enter up to four certificates per purchase. S If the amount of yhur cert ificate {s) covers the coal of; the reservation, you are finished. Ifa balance is due, you will be prompted to enter your ore d4 card information, Amount; 29'067 ens and. Conditions. • Alaska Airlines gift certificate s can only be redeem ed. through alaskaair.com. w Gift certificates are non - refundable and cannot be redeemed or exchanged for cash, check or credit: a Gift certificates do not entire. = Gift certificates may only be used to purchase airfare on flights operated by AlaskaAirlines, Horizon Air, and Pe Air between Anchorage and Dutch Harbor. ✓ Alaska Airlines is not responsible for lost or stolen gift certiicates_ . A lull list of terms and conditions is available on w w.aiaskaair,com. IN 41- 08261.79 PLEASE REMIT TO 1f.47OICE- DATE INVOICE STON: ACCOUNT NO- DROER REF DCIIVERY INSTRUCTION DATE OUE TE UNIT PRICE AMOUN1 TEM NU I-1IY WEIGHT. RAND IPTIO RECEIVE!? BY X [DRIVER H£II IT rLOON1It ynEsACT i�"Ar1+`IEC INC))PRE cult,. ESTEOMMtOP SUBJECT T NE A TRUST S CMMOfV'n MESE CCS IMII IEEE )I FA EVENSRCFOF cnICl HCRaeooDMRIVEDFCTism C 9C)DJG`59PP DERIVED FROM TREY CU JM1IG`JI'lES END ARE AF.. EIV�FR ON2H oft PROCEEDS ��P °R xNNUN `RJICP C IIER,EWIri BE CHARGED OH NO. OF EIEcE3 RETURNED CHECKS SUBJECT JECT TO HARDLINE, FEE ..� ON ALL PAST DUE ACC,O, NT.'S jPf o R FREIGHT TAX Y l4I'C I+MoLN A KENAI, ALASKA NV "frilaye with a Past, C# with a Future" dill, 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO NDUM TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, Moore FROM: Council Member Molloy DATE: 09/20/11 SUBJECT: Item G7: Discussion -- City Clerk Retirement Expenditures Vice Mayor Boyle and I were the primary drivers of the items that led to public expenditures related to the recognition of and the celebratory events for our former City Clerk, Carol L. Freas, for her retirement after 26 years of service to the City (21 years as our City Clerk). Mayor Porter was either traveling to or from or in Missouri for the All - America City Competition at the time that most of our planning occurred. Volunteers with much more talent than me planned the actual implementation of and produced "Carol Freas Day and Retirement Party." After Council Member Moore introduces this discussion item, with the permission of the Mayor and Council, I can give a verbal report for the benefit of Council and the public. Vice Mayor Boyle is unable to participate telephonically in our 9/21/11 meeting. I have re- organized the documents, and have added some other documents and photos, keyed to the three (3) items involving public expenditures: #1: Agenda Item A5: Appreciation of Carol L, Freas, Kenai City Clerk, On Retirement (June 15, 2011 Council Meeting); total of $79.53 public expenditure; #2: Council /City Gift to Ms. Freas; total of $350.00 public expenditure, excluding cost of gift card; and #3: Council /City Sponsored Retirement Events (Carol Freas 'Day and Retirement Party, June 29, 2011); total of $731.13 net public expenditure. - Memo 9/20/11 ATTACHMENT #1 Agenda Item AS: Appreciation of Carol L, Freas, Kenai City Clerk, On Retirement June 15, 2011 Council Meeting - Public Expenditure Documentation - Proclamation - Agenda, page l - Minutes, pages 94 -96 Appreciation viewable via City of Kenai Webcasting from link -to -link via City's web page: hrtp://www.ci.kenai.ak.us/ http: / /webcasting. gran icu s. com/kenai/ http: / /webc acting. granicus. com /kenai/ player. php ?cl i entoam e= kenai& eventn ame =- board &eventdate = 06.1.5.2011 Fast. Fun. Easy. SIPERCENTER OPEN 24 HOURS MANAGER FERDINAND DOMINIC ( 907 ) 395 - 0971 STN 4474 OPN 00009043 TER 43 TRN 00169 PUCKER CAMP 066215406636 10.00 X PUCKER CAMP 066215405631 10.00 X NAPKINS 001117932411 0.97 X NAPKIN 001117932391 0.97 X PLATES 001117934144 1.08 X ELATES 001117934144 1.08 X CURLING RBN 002652101979 2.24 X SUBTOTAL 26.34 O !iAX 1 6.000 X 1.58 TOTAL 27.92 /' TEND 27.92 CHANGE DUE 0.00 EFT DEBIT PAY FROM PRIMARY ACCOUNT: 5127 27.92 TOTAL PURCHASE REF N 116600483154 NETWORK ID. 0056 APPR CODE 211440 06/14/11 18:49:39 # ITEMS SOLD 7 ID! 08 63 3177 3540 9747 Low pr ces.Every day. On everything. Backed by our Ad Match Guarantee. 06 /14/11 18:49:41 Approved By 112 "lMo ALASKA Vendor No 17,9.3' q art &:31(.1, SAFE WAY FILE NO. 72905 PO BOX 60000 SAN FRANCISCO CA 94160-2905 City A rum.,;„ Kenai, Cit o nai 210 Fidalgo Ave. , K Kenai, AK 99611 907-283-7535 No. 96302 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/14/2011 Part # Activity Code: 0 Quantity Description 1.00 CAKE/CLERK RETIREMENT GL Account Unit Price Total 001-401-4531 65,00 65,00 Total Freight Total 65.00 Department: CLERK Finance Director 113 SAFEWAY STORE MGR DOUG JUNG 907- 283 -6300 THANK YOU FOR SHOPPING WITH US! BAKED GOODS P2 SPECIAL ORDER CAKE TAX EXEMPTION * *:t TAX .00 VP DEBIT CARD czud 58.99 B 3.59 - UAL 58, 99 78.99 CHANGE 20.0C NUMBER OF ITEMS = 1 /11 15:05 1808 11 0232 7299 Join the Safowav Club todabi. Membership is Free and Instant. YOUR CASHIER TODAY WAS LINDA LET US HEAR FROM YOU! 1-877-723-3929 or visit SAFEWAY.COM SAFEWAY STORE 41808 10576 KENAI SPUR HIGHWAY KENAI, ALASKA 99611 907 - 283 -6300 EFT. ,k7EB TT SALE 06/15/11 1505 CAR 'U 909X PRIMARY TOTPL1 H NSACTION AMOUNT CASH BACK AMOUNT KRISTA S STEARNS REF: 110515150529 78.99 20.00 114 PROCLA.tva t ION WHEREAS, Carol Freas began her employment with the City of :e *�H March of 1985 when she was hired by Tim Rogers as the Legal Administrative Assistant; and, WHEREAS, the Council subsequently appointed Carol as City Clerk effective June 1,1990, and Carol is the longest - serving City Clerk it City's history; and, WHEREAS, the profession of City Clerk dates back over 2000 years and his office is the first public office created in local government with the C rk serving as the direct link between the residents of the community and their government; and, WHEREAS, in modern times the role of City Clerk has become increasingly complex, requiring that present -day City Clerks be rofessional administrators, versed in electronic communications, and roficient in all of his or her diversified duties; and, VHEREAS, the City Clerk is the Officer of the Council who records all vital records including ordinances, resolutions, and appointments and election of officers; is the custodian of the seal of the City; and, keeps a correct and up -to -date record of the City's boundaries; and, WHEREAS, Carol has served an essential role in maintaining free and f City elections by performing her duties as the Election Supervisor for all City elections impartially and with honor; and, WHEREAS, Carol has set a high standard of service, arriving early and :staying late, finalizing action agendas and other documents after others have left for home; and, 1t HEREAS, Carol has attended more than 1,000 meetings, special meetings, and work sessions of the Council; has compiled thousands upon thousands of pages for Council and commission packets; and attested to approximately 1,182 ordinances and 1,300 resolutions; and, WHEREAS, Carol achieved excellence both in her office as City Clerk and in her role as Mother, raising her beloved daughters Miriam and Bess, who learned from her example of hard work and loving care and who hay, each expressed such pride in their mom as the mother who made all their games and swim meets and as the Clerk who made all the meetings; WHEREAS, Carol has served the public, tne elected officials, anu the administrative departments, without exception and with great distinctic s; and, WHEREAS, Carol's knowledge, expertise, and institutional memory of events and records of the City of Kenai will be sorely missed as will her editor's eye, impish sense of humor, grape pies, and classic style; and, WHEREAS, Carol Freas is retiring on June 30, 2011, after 26 year!, City service. NOW, THEREFORE, I, MICHAEL F. BOYLE, VICE-MAYOR OF THE CITY OF KENAI, proclaim June 29, 2011, as CAROL FREAS DAY in the City of Kenai, and 1 urge our community to congratulate and thank Carol Freas for her dedication and efforts for more than 26 years of service to the City of Kenai including her unprecedented service as City Clerk for 21 years. DATTID: This 75-T day of June, 2011. • 1-•.11.A F. PA) Lt L� [CFI' (JR Cal-ol L. FICs. City Clerk 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for mon than 30 minutes combined on their own and on others' behalf.) 5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 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" 2. Ordinance No. 2561 -2011 -- Amending KMC Chapter 6.20, Initiative and Referendum, to Add a New Section 6.20.020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to Influence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter 3. Ordinance No. 2562 -2011 -- Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially - Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature 2 7 10 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 2 A -4. MOTION: CONSENT AGENDA Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council. Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. kw A -5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement Heard after Item B -1. Vice Mayor Boyle introduced Miriam Freas and children, Emma and Ben Morgan present in the audience and Bess Freas and son, Keenen Carlyle who were present via the Internet. MOTION: Council Member Molloy MOVED to all the reading of letters of appreciation to the City Clerk prior to the proclamation and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. Hal Smalley, 105 Linwood Lane, Kenai -- Read a letter of appreciation from Ken.ai Peninsula Borough Clerk Johni Blankenship. Smalley added, it was a true loss for the City, but a great gain for Carol to have more free time. Council Member Joe Moore -- Read a letter of appreciation from Teresa Fahning, City Clerk, City of Soldotna. Vice Mayor Mike Boyle -- Read into the record a Proclamation honoring City Clerk Carol Freas and proclaiming June 29, 2011 as "Carol Freas Day" in the City of Kenai and presented her with a retirement gift from the Council. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:48 P.M. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 94 KENAI CITY COUNCIL MEETING JUNE 15, 201.1 PAGE 3 B -1. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown. Janice Chumley /Niichelle Martin -- Distributed information and discussed Alaska Weed Awareness Week, the First Annual Kenai Weed Smackdown, and invited all to participate in the Weed Smackdown to be held on Saturg, June 25, 2011. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Linda Swarner, 298 Rogers Road, Kenai -- Thanked Freas for her years of service; noted Freas would be difficult to replace; and, was on the Council who hired Freas and . it had been a pleasure to work with her. Swarner also noted she was the Executive Director of the Kenai Peninsula Food Bank and thanked Council for its support and announced the ribbon cutting for the new building scheduled for July 20, 2011 and the Annual Soup Supper to be held on August 27, 2011. Susan Smalley, 105 Linwood Lane, Kenai -- Reported she and Freas had been friends for more than 30 years; complimented Freas on her supervising City elections which she did with grace and efficiency; and, her grace- filled assistance to the public with cemetery concerns. Hal Smalley, 105 Linwood Lane, Kenai -- Stated his pleasure in reading Ms. Blankenship's letter; noted he worked with Freas during the years; believed it would be difficult to fill her shoes; thanked Freas for all of her efforts over the years and wished her well. Sal Matter°, 1315 Chinook Drive, Kenai -- Congratulated Freas on behalf of the Friends and presented the City a check in the amount of $40,000 toward the library expansion project. John J. Williams, Candlelight Drive, Kenai -- Stated he owed his success as Mayor of the City to his wife Sharon, City Clerk Freas, and the Councils and complimented Freas for the keeping of accurate City records, as well as having many other talents. Betsy Arbelovsky, 36753 Chinulna Drive, Kenai -- Noted her history of knowing Freas, but especially appreciated her assistance in absentee voting while she and her husband lived overseas. Tim Navarre, P.O. Box 92, Kenai -- Stated his appreciation of Freas; felt she was irreplaceable; and, the City was thankful for her service. 95 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 4 Johna Beech, P.O. Box 2258, Kenai -- Reported she was the incoming Executive Director of the Kenai Chamber of Commerce and thanked the City for its donation toward the costs of the Fourth of July Parade and "Christmas Comes to Kenai' fireworks. Bob Peters, Old Town, Kenai -- Stated he did not work with Freas, but pestered her and was always treated with respect and he would miss Freas. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:10 P.M. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 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." Council Member Molloy MOVED to enact Ordinance No. 2560 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed, Council comments included: • Discussion with the Code Enforcement Officer found she had concerns with the ordinance in its entirety and it was suggested the ordinance be postponed and sent to Administration for further review. • Concern the ordinance should go through Planning & Zoning Commission review first. • Support of the ordinance and noted Administration's memorandum included with it, recommending approval of the ordinance and did not raise any concerns with the ordinance. • Appreciation of comments provided and included in the packet identifying fiscal information and felt it would be better to address the ordinance through Title 12 instead of Title 14. • Agreement code enforcement was a Title 12 issue and not a Title 14 issue; in his memorandum (included in the packet) the City Manager supported the ordinance; appreciated the public comments included in the packet; and, the ordinance was not intended to he a revenue- raising ordinance. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle explained, as sponsor of the ordinance, he did not intend the ordinance to be a financial issue, it was a simple detail that would clean up the existing ordinance and he would not support forwarding the ordinance to the Planning &, Zoning Commission for review. 96 ATTACHMENT #2 Council /City Gift to Ms. Freas Appreciation of Carol L, Freas, Kenai City Clerk, On Retirement June 15, 2011 Council Meeting - Public Expenditure Documentation - Gift Card Vendor No. 14288 STEARNS, KRISTA PO BOX 1295 KENAI AK 99611 C riL Pi in tiam %or City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 99611 907-283-7535 No. 96345 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/2012011 Part # Activity Code: 0 Quantity Descriotion GL Account Unit Price 1.00 REIMBURSEMENT/COUNCIL GIFT/CLERK RE 001-401-5041 350.00 Total Freight Total 350.00 Department CLERK Finance Director: 117 Cleared Check Image(s) _zoom In Al Zoom out I zoom Resat 1 Th is Is a LEGAL COPY of your thea. You can use i t the same %say you would use the cr IOW chock. FINS DEO ALMK.AliTEDEPPICRES3 UUIO 71 I ' .1" aft uur, a rat= CIELEEY RATE alnkfICH ru Ine not endorse or vrrite Wow ftA lina..4 SISSAIIISSISSIWSSISSISSMISIOSSISra 6-41- I raw v4,161/6),- 77* https://remoteb g•denalifou .ctom/scri pts/i bank.d11 118 6/20/ https: / /www. al askaai r.com/ certificates /ssl /Gi fiCerti fi cateConfi rm aspx GIFT CERTIFICATE 'To: Carol Frees I Fr om: Kenai Cityncil J. Date 8/15/2011 - Amount: $400.00.USD Issued: Certificate Code: essage: Enjoy your Retirement!! rficii w i/rrep How to Redeem Your Gift Certificate 1. Go to www.alaskaair.com and shop for your desired itinerary. 2. Select your flights, enter traveler information, and select your seats. 3. On the 'Reservation and Billing Information' page, select either the 'Use My Wallet funds' check box, if you have certificates deposited to your My Account wallet, or the 'Use Certificates' check box 4. When selecting the 'Use Certificates' option, enter your certificate code(s) and corresponding PIN(s). You may enter up to four certificates per purchase. 5. If the amount of your certificate(s) covers the cost of the reservation, you are finished. If a balance is due, you will be prompted to enter your credit card information. Terms and Conditions • Alaska Airlines gift certificates can only be redeemed through alaskaair.com, Gii certificate8 are non- refUndabre and cannot be redeemed or exchanged for cash, check or credit. ca Gift certificates do not expire. • Gift certificates may only be used to purchase airfare on flights operated by Alaska Airlines, Horizon Air, and PenAir between Anchorage and Dutch Harbor. • Alaska Airlines is not responsible for lost or stolen gift certificates. • A full list of terms and conditions is available on www.alaskaair.com. kt's Cop' is No's fRk Nsc= foitst eRe,AaLE ! ?efts 6/15/2011 4:26 PM To: Carol Frees From:Kenai City Council Date 6/15/2011 ,.,,Jb. r WW W. amsrcaarr. conucemncates /ssl /(nttCertificateConfirmaspx G3FT CFRTIFI ATE Amount: $400.00 -USD ficate Code: message: Enjoy your Retirement! I How to Redeem Your Gift Certificate _ 1. Go to www.alaskaair.com and shop for your desired itinerary. 2. Select your flights, enter traveler information, and select your seats. 3. On the 'Reservation and Billing Information' page, select-either the 'Use My Wallet funds' check box, it you have certificates deposited to your My -Accdunt wallet, or the 'Use Certificates' check box. 4. When selecting the 'Use Certificates' option, enter your certificate code(s) and corresponding,PjN(s). You may enter up to four certificates per purchase. - 5. If the amount of ybut certificate(s) covers the cost of the reservation, you are finished. If a balance is due, you,will be prompted to enter your credit card informption. Terms and Conditions • Alaska Airlines gift certificates can only be redeemed through alaskaair.com. • Gift certificates are non - refundable and cannot be redeemed or exchanged for cash, check or credit. • Gift certificates do not expire. • Gift certificates may only be used to purchase airfare on flights operated by Alaska Airlines, Horizon Air, and PenAir between Anchorage and Dutch Harbor. • Alaska Airlines is not responsible for lost or stolen gift certificates. • A full list of terms and conditions is available on www.alaskaair.com. tks f Is CI kidaZfEalt6), SI Sri fat CPrOc L oreE Gi16M(111 AsIC etas %t.uc roni4 ur ciritc HINGS r MIGHT Dp :uT CANT TO THrWW'' 4&'0u wilrLE LONG F •zc -TFiNGS z MwELL rF g DAMS -- 5 T(1AtIbcyow 0/1410t., < Ny AppPeenite yJJt lw✓At o H-c. CA-/ °C. i 4%Ay • PICK wl(/ (4e jviffcei tulatl° ATTACHMENT #3 Council/City Sponsored Retirement' Events Carol Freas Day And Retirement Party June 29, 2011. - Public Expenditure Documentation - Photographs from Public Domain Vendor No. 16347 City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 9961 1 907-283-7535 FOOD SERVICES OF AMERICA PD BOX 196073 ANCHORAGE AK 99519 Activity Code: 0 EST 1.00 MISC. SUPPLIES/CLERK RETIREMENT No. 96363 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/20/2011 -------- GL Account Unit Price Total 001-401-5041 581.13 581.13 Total Freight Total 581.13 Department CLERK Finance Director • I.:. 'r • 1 OF2CI /9 1'ae1. [ i :I ?i / 15 r }('.!1 ERICA_ �CCCdS.f is ). if ;f'I�: 4;r:F :4A1 FS ASC'OCIATE .11IRIVESW INSTRUCTIONS: • • 1 ::n, F :1.il.1F.: TERMS .EM NUMBER : rn::g =rn .0nmrvp: R�4 SHir'. VJEICHT `. PHCK 5 XF • 31) X • U1 ;.:ra jsnjo, ., OW . ; I'l;i A. ' i =ji: ::.;IF, ACCOUNT NO. RDER REF FOOD SERVICE OF AMERICA, NUR,, „- TIN 41- 0$26179 PLEASE REMIT TO �t a0.7. 19.07+3 INVOICE BATE VOICE INVOICE NUMBER PAGE ALES ASSOCIATE IV INStnUG i fttiNS;: «( �-Aktc \ \( \l \3s\ 1_A1 II foP TEi3MS CUSTOMER -PHONE NO:' CUSTOMER PO�NO: ” CREDIT COPYI D 'EM NUMB PP'E L TA :EQIVED vx DRIVER E PERISHABLE AGR C ED ON RES INVOICE ARE SOLD SURJEC O THE STATUTORY TRUST-AU RIM) BY SE, N .((C^ OLTHE PE0. rIAC E AGR'CULTUAAL CXJMMODITIES ACT 1990(7LL 0.49e(gi. T11E SEISES OFINESE CONDOTilES RETAINS ATRUSTCLAI.M tE'ER TRESR CDHMODI -1S, A I TORIES OR moo OR FREIGHT F DTHER PRODUCTS DERIVED FROMTHESE COMMODMES,N4D ANY RE,CF_NEARLES DR PROCEEDS PROM 1HE SALE OF THESE comr.non Es UNTO_ FUT PAY IETR IS R_C, VETS Na OF PIECES - -720 av PER MONTH O[$T 0 PER ANNUM SERVICE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS RETURNED CHECKS SUD4ECT TO HANDLING PEE. :_t c R 3ZE.F; 5.i - CHTLLkLI S.:4 +O 7,0, www.fsafood.com TAX FAY THIS AMOUNT CI IRTOMIG ACCOUNT NO. SRDER R ITEM NU FOOD SERVICES OF AMERICA. SALES ASSOCIATE TIN 44.0826179 PLEASE RE. TO: INVOICE DATE V IC NVOICE +NUM6E CUSTOMER PHONE NO Ct1STOMEti PO: NO E INSTRUCTIONS; DATE DU, T CREDIT COPY Opa BOPPED SHIP WEIGHT PACK SIZE BRAND C ESGRIPTI NIT PRIGS AMOUNT nevi et/ PERISHABLE AGRICUO URA BICULTURAL OOMMCCITIES AC IMP P RO5CB . SERNF TATI /._ MIF I STFD ON TFp9 MVOIOE ARC SOLD 5U&SEC T1 TAT STATUTORY TRUST AU NOR ZEb D �T C CON. G DifiES) TF°c SEALER CFTH[9 COMMODffFES RCTAM9 A TRUST CLAIM OVER -MRCP COMM'JDITIF3 Al P EC i"L$MJU AM,'RECBbPER CS MONTH OCEE99 iRCP1� R ANNUM MILCTCHARGE MN L RE CHAPPED T NO. PIECES P. PER MONTHO,; F, RETURNED CHECKS SUBJECT TO HANDUNG, EP, ON ALL PAST DUE ACCOUNTS ,. .. r,. �PAYTHIS:A 000H FREIGHT D TAX '+ \N;.*-c-f:V EAI, ALASKA —Nzrz Vendor No. 14288 STEARNS, KRISTA PO BOX 1295 KENAI AK 99611 narn...nrion trnuarc City of Kenai, AK 210 Fidalgo Ave. Kenai, AK 99611 907-283-7535 No, 96304 Ship To: CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 DATE: 06/14/2011 Part # Quantity Description GL Account Unit Price 1.00 REIMBURSEMENT/GIFT CERTIFICATE/CLER 001-401-5041 150.00 Total 150.00 <7 Total Freiht Total 150.00 Activity Code: 0 r Department: CLERK Finance Director: 115 to 20, RECEIPT . DATE ‘7. NO. RECEIVED FROM /1(4-.-eimi 4 78 ADDRESS 420 07 FOR "EA $ ACCOUNT NOW PAID ANT, OF ACCOUNT CASE( MAT, PAID CHECK 3 KALANCE DUE MONEY ORDER 1)2001 -t.81.806 4 JUN ‘4, e 4 P440 116 Geared Check mage(s) Zoom in Zoom Out Zoom Reset This is LEGAL COPY OF your check. You can use it the same way you would use the or iginal check Page 1 of 1 KRISTA S. STEARNS L»Usra CELEBRATE DIVER SI TV : - 1'000O002211' It-I 78 TRC=4 150 PN •1 PLS 'S Oo r.otandoma or rita below this Iine.4 hups://remotebanking.denalifcu.com!scripts/ibank.dIl 9/19/2011 From: "bmolloy110 via Flickr" <no- reply- 67735374N06 @flickr.com> Subject: [Flickr] bmolloy110 shared a Flickr photo with you Date: September 19, 2011 8:20:10 PM AKDT To: molloylaw @alaska.net acsty -To: no- reply- 67735374N06 @flickr.com trickr Hi molloylaw @alaska.net! bmolloy110 shared a Flickr photo with you. Honorary EaUploaded by Ryan Marquis on June 30, 2011 © All rights reserved Just follow this link to see and comment on this photo: » http : / /www.flickr.com /x/t/0090009 /photos /ryanmarquis /5887227324/ You received this email because a Flickr member wanted to share something with you. To report abuse, click here. "bmolloy110 via Flickr" <no- reply- 67735374N06 @flickr.com> [Flickr] bmolloy110 shared a Flickr photo with you September 19, 2011 8:19:30 PM AKDT molloylaw @alaska.net no-reply-67735374N06@flickr.com "cianc.,01 Hi m . Lic-11aw alaska t! bmolloy110 shared a Flickr photo with you. partdel Uploaded by Ryan Marquis on June 30, 2011 © All rights reserved From; "bmolloy110 via Flickr" <no- reply- 67735374N06 @flickr.com> Subject: [Flickr] bmolloy110 shared a Flickr photo with you Date: September 19, 2011 8:18:58 PM AKDT To: molloylaw @alaska.net Reply -To; no- reply- 67735374N06 @flickr.com thckr Hi molloylaw @alaska.net! bmolloy110 shared a Flickr photo with you. Marching Uploaded by Ryan Marquis on June 30, 2011 © All rights reserved Just follow this link to see and comment on this photo: » http : / /www.flickr.com /x/U0092009 /photos /ryanmarquis /5887227948/ From: "bmolloy110 via Flickr" <no- reply- 67735374N06 @flickr.com> Subject: [Flickr] bmolloy110 shared a Flickr photo with you Dat =e: September 19, 2011 8:22:20 PM AKDT To: molloylaw @alaska.net eply: cr no- reply- 67735374N06 @flickr.com flickr r. s�f Hi molloylaw@alaska.net! bmolloy110 shared a Flickr photo with you. sign2 Uploaded by Ryan Marquis on June 30, 2011 © All rights reserved Just follow this link to see and comment on this photo: http: / /www.flickr.com /x/00098009 /photos /ryanmarquis /5886662203/ "bmolloy110 via Flickr" <no- reply- 67735374N06 @flickr.com> [Flickr] bmolloy110 shared a Flickr photo with you . September 19, 2011 8:24:06 PM AKDT molloylaw@alaska.net no-reply-67735374N06@tlickr.com u r F 1[7:1yLifr iRr@alaska.net! bmolloy110 shared a Flickr photo with you. _ yors Uploaded by Ryan Marquis on June 30, 2011 . © All rights reserved Just follow this link to see and comment on this photo: » http: / /www.flickr.com /x /t/ 0092009 /photos /ryanmarquis /5886711491/ Drive-Thru Service HAPPY RETi REMENT CAROL FREAS ITEM 1: PENDING APPROVAL COUNCIL ON AGING MEETING SEPTEMBER 8, 2011 KENAI SENIOR CENTER 4:30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Council Members present: Council Members absent: Staff /Council Liaison present: ITEM 2: MOTION: L. Flowers, M. Necessary, V. Geller, B. Osborn, M. Nelson J. Hollier, M. Milewski Senior Center Director R Craig, Council Member R. Molloy AGENDA APPROVAL Member Osborn MOVED to approve the agenda as presented and Member Necessary SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- June 9, 2011 Member Flowers MOVED to approve the meeting summary of June 9, 2011 and Member Necessary SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: ITEM 6: 6 -a. PERSONS SCHEDULED TO BE HEARD -- None. OLD BUSINESS -- None. NEW BUSINESS Discussion -- Dining Room Policies Senior Director Craig reported general discussion occurred. The following changes to the policy were suggested: 1. No empty food containers may be brought into the dining room. 2. Kitchen staff will provide foil or plastic wrap to wrap leftovers. 3. Suggested a fee of S6.00 for home meals for spouse or caregiver. 6 -b. Discussion -- Capital Improvement List Craig reported the following suggestions were made: 1. Extension for storage. 119 2. Garages for vans. 3. Bluff Stabilization. 4. Heated side walks in front of disabled parking spaces and under canopy. 5, Walkways around back of Senior Center. 6. Extended walkways to Spur View by the bluff as part of Millennium Square. 7. Cable /IT upgrade. ITEM 7: REPORTS 7 -a. Council on Aging Chair -- Geller reported she would prepare a get well card for Council Member Boyle. 7 -b. Director -- Craig thanked Velda Geller for organizing a picture book for her to share at the Meals on Wheels Association conference. 7 -c. Council Liaison -- Council Member Molloy reviewed the agenda from the September 7, 2011 City Council meeting, including the presentation by Rob Nash and Associates regarding an assisted living facility the company would like to build in Kenai. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October13, 2011 (Identify if you are requesting an excused absence.) Member Necessary reported he would not be at the October 13, 2011 meeting ITEM 9: QUESTIONS & COMMENTS -- None. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION -- None. ITEM 12: ADJOURNMENT MOTION: Member Osborn MOVED to adjourn and Member Flowers SECONDED the motion. There were no objections. SO ORDERED, There being no further business before the Council, the meeting was adjourned at approximately 6:00 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 120 COUNCIL ON AGING MEETING SEPTEMBER 8, 2011 PAGE 2 PENDING APPROVAL KENAI AIRPORT COMMISSION SEPTEMBER 8, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Commissioner Larry Porter called the meeting to order at 7:00 p.m. Roll was confirmed as follows. Commissioners present: Commissioners absent: Staff /Council Liaison present: G. Feeken, R. Rogers, L. Porter J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer Airport Manager M. Bondurant, Administrative Assistant E. Shinn, Council Member R. Marquis No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- August 11, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS 5 -a. Discussion -- Airport Regulations -- Chapters 6.05.010 -- 7,05,040 ITEM 6: NEW BUSINESS 6 -a. Discussion -- Airport Obstruction Tree Removal Project ITEM 7: REPORT 7 -a. Commission Chair 7 -b. Airport Manager 7 -c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 13, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS 11 -a. August Airport Managers Report 121 ITEM 12; ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:05 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 122 AIRPORT COMMISSION MEETING SEYI EMBER 8, 2011 PAGE 2 PENDING APPROVAL KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER 6, 2011 7:00 P.M. MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair R. Peters, C. Brenckle, J. Bookey, K. East K. Glidden, E. Bryson, K. Evans Library Director M. Joiner, Council Member R. Marquis A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 7, 2011. MOTION: Commissioner Bookey MOVED to approve the meeting summary of June 7, 2011 and Commissioner Brenckle SECONDED the motion, There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Meeting Room Policy Library Director Joiner summarized the discussion to date and reviewed samples of meeting room policies of other libraries. General discussion occurred. Joiner reported the issue would be discussed again at the October meeting 5 -b. Discussion -- Technology Plan General discussion occurred. MOTION: 123 Commissioner Bookey MOVED to accept the Technology Plan and Commissioner Brenckle SECONDED the motion. VOTE: Bryson ABSENT Brenckle YES Glidden I ABSENT Bookey YES Peters YES Evans ! ABSENT East YES 1 MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Library Hours Joiner discussed why the issue was brought forward and general discussion occurred. MOTION: Commissioner Brenckle MOVED to adopt the library hours set forth in the Library Director's memorandum and Commissioner East SECONDED the motion. VOTE: Bryson ABSENT Brenckle I ® Glidden Evans ABSENT ABSENT Booke YES Peters MOTION PASSED UNANIMOUSLY. 6 -b. Discussion -- Capital Improvement List General discussion occurred. Joiner reported the Commission is satisfied with the new building and there are no suggestions for the Capital Improvement list at this time. Possible suggestions for the future included an outdoor reading gazebo and a Radio Frequency Identification (RFID) system for patron self check out. ITEM 7: REPORTS 7 -a. Director -- Joiner reported on staffing changes, janitorial contracts, new furniture and the City's new wellness program. 7 -b. City Council Liaison -- Council Member Marquis presented highlights of the last several council meetings and noted the ongoing search for a City Clerk. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION LIBRARY COMMISSION MEETING SEPTEMBER 6, 2011 PAGE 2 124 8 -a. October 4, 2011 Chair Peters reported he would not be at the October 4, 2011 meeting and requested an excused absence. ITEM 9: COMMISSION COMMENTS /QUESTIONS East noted she was excited to see things going so well. Peters congratulated Bookey on her new position at the Library. Brenckle complimented the Grand Opening and congratulated Bookey on her new position. Bookey reported being on the Commission helped her learn more about the Library and noted she would miss working with her fellow commissioners as she has to resign. ITEM 10: ITEM 11: 11 -a. 11 -b. 11 -c. 11 -d. ITEM 12: MOTION: PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION Friends of the Library Board Meeting Minutes -- July 12, 2011. Children's Books News Item dated August 2, 2011. PNLA 2011 Conference Report Procedures for Study and Conference Rooms ADJOURNMENT Commissioner Brenckle MOVED to adjourn and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 125 LIBRARY COMMISSION MEETING SEPTEMBER 6, 2011 PAGE 3 Corene Hall, CMC, Deputy City Clerk re: Kenai Library Commission Kenai, AK 99611 September 6, 2011 Dear Ms. Hall, SEP 08 2011 € Al CITY CLERK This letter is to confirm my resignation as Commissioner on the Kenai Library Commission. I am pleased to announce that I have accepted a position as a Library Assistant at the Kenai Community Library. As a lifelong library enthusiast, I am excited to enter this new career and look forward to the challenges that await me, My experiences on the Commission have been very rewarding. I appreciate having had the opportunity to work with such dedicated and diligent members of the community, and I wish the Commission continued success in their efforts. 126 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 14, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair J. Twait, T. Navarre, H. Knackstedt, K. Koester, K. Rogers P. Bryson (excused), S. Romain City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum wa.s present. 1 -c. Agenda Approval Commissioner Knackstedt read the following additions to the agenda: ADD TO: 9 -c. Reports -- Administration Draft Memo Regarding Commission Request for Legal Representation at Meetings. E -mail Comments from H. Knackstedt. MOTION: Commissioner Inackstedt MOVED to approve the agenda as amended and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. 127 1 -e. *Excused Absences Phil Bryson Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES 2 -a. *August 24, 2011 Approved by consent agenda. 2 -b. *August 30, 2011 (Special Meeting) Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -33 - A resolution of the Kenai Planning 84 Zoning Commission recommending Kenai City Council adopts updated zoning and and use maps for the Comprehensive Plan for the City of Kenai, MOTION: Commissioner Navarre MOVED to approve Resolution No. PZ11 -33 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Parks and Recreation Commission would be reviewing the draft trails plan and draft parks plan at their meetings. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 14, 2011 PAGE 2 128 Navarre YES I Twait YES Bryson EXCUSED Romain ABSENT Knackstedt YES Koester YES Rogers YES MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS 7 -a. Discussion -- Planning Commission Training. Kebschull reviewed her memorandum in the packet. General discussion occurred. MOTION: Commissioner Navarre MOVED to request Council approve up to three commissioners attend the Planning Commission training in Fairbanks in November and Commissioner Koester SECONDED the motion. VOTE: 1 Navarre Romain YES Twai YE Bryso EXCUSED ABSENT acksted S Koester j YES Rogers I YES MOTION PASSED UNANIMOUSLY. 7 -b. Discussion -- Holiday Meeting Schedule. Kebschull reviewed the memorandum included in the packet. General discussion occurred. MOTION: Commissioner Navarre MOVED to cancel the November 23 and December 28 Planning and Zoning Commission meetings and requested UNANIMOUS CONSENT. Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Molloy reviewed the Council meeting of PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 14, 2011 PAGE 3 129 September 7, 2011, noting the presentation by Nash and Associates regarding an assisted living facility they would like to build in Kenai, the passage of Ordinance No. 2546 -2011, and the approval of the street name Pearson Avenue. Molloy also reviewed the Clerk recruitment process and the October 14 work session. 9 -b. Borough Planning -- None. 9 -c. Administration -- Kebschull reported the following • There would be a Kenai Peninsula Borough Board of Adjustment hearing on September 23 at 10:00 a.m, if the commissioners were interested in attending. A work session on the Comprehensive Plan would be scheduled for October 12 from 6 - 7 p.m. The Commission's request for legal counsel was reviewed and would be submitted to Council for its September 21 meeting. Kristine Schmidt, 513 Ash Avenue -- spoke against full time counsel, noting the time constraints and suggested asking for an "as needed" basis. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11 -a. Commissioner Koester request for excused absences (October 26 and November 9, 2011), MOTION: Commissioner Navarre MOVED to excuse Koester from the October 26 and November 9 meetings and requested UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 11 -b. State of Alaska Draft FY12 -1.5 Statewide Transportation Improvement Program ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. September 28, 2011 No commissioners requested an excused absence for September 28, 2011.. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre suggested attending the October 14 Council work session with concerns regarding Beaver Loop Road. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 14, 2011 PAGE 4 130 Rogers thanked Kebschull for her work. Koester requested a status report on the K -Beach bike path; Molloy had no report. Knackstedt asked about the work on Main Street Loop. Molloy reported it was being repaved. ITEM 14: ADJOURNMENT MOTION: Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:11 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 14, 2011 PAGE 5 131 PENDING APPROVAL KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 13, 2011 7:00 P.M. CITY HALL COUNCIL CHAMBERS VICE CHAIR TRICIA CANADY, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Canady called the meeting to order at approximately 7:20 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: M. Dimmick, L. Gabriel, T. Canady, S. Lovett C. Jung, P. Baxter, H. Schloeman Parks and Recreation Director B. Frates, Mayor P. Porter AGENDA APPROVAL Member Gabriel MOVED to approve the agenda as presented and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 10, 2011 MOTION: Member Dimmick MOVED to approve the meeting summary of May 10, 2011 and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Nancy Casey, Casey Planning and Design -- Leif Hansen Memorial Park Flowerbed Designs Ms. Casey presented conceptual designs for flowerbeds in Leif Hansen Memorial Park, including bean bed, gazebo bed, flagpole bed and town tree. She noted hardscape aspects of each bed which were reviewed in detail along with some suggestions for plant materials. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Leif Hansen Memorial Park Flowerbed Design BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2011 PAGE 1 132 Parks and Recreation Director Frates reported general discussion occurred regarding suggestions, which included the following. 1. Color of brick should be grey. 2. Pavers should be added to base rather than gravel. 3. Add an informal path leading to the front of the bench at the flagpole bed. 4. Base bid should include the bean bed and town tree with the flagpole bed and gazebo bed being additive alternates. 5. Recommend a specific plant material list be prepared for the October 11, 2011 meeting with priority ranking in bed specs to be bean bed, town tree, flagpole bed, gazebo bed. MOTION: Member Lovett MOVED to give priority ranking to the following beds for purposes of bid specs: 1. Bean bed. 2. Town tree. 3. Flagpole bed. 4. Gazebo bed. Member Dimmick SECONDED the motion. VOTE: Dimmick !YES ;Jung ABSENT Gabriel YES . Canady ' YES Baxter ABSENT Lovett YES Schloeman ABSENT MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS 6 -a. Discussion -- 2011 Flowerbed Review Frates shared photographs of the various beds and general discussion occurred. Committee comments included: • City Sign -- eliminate the bottom tier of the sign and do not replace. • Leif Hansen Memorial Park Sign -- lever the area between the sign and the sidewalks. • Gazebo Bed -- move potential bushes to Home Depot bed if relandscaped. • Visitor's Center -- make sure plants are more mature at planting and order two hanging baskets next year. • Police Department -- redo the pavers at the front entrance BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2011 PAGE 2 133 6 -b. Discussion -- 2012 Goals and Objectives Frates presented suggestions for FY12 goals and objectives and general discussion occurred, Goals and objectives would be further reviewed at the October meeting. 6 -c. Discussion -- Capital Improvement Project List Frates reviewed a CIP list and general discussion occurred. The Capital Improvement Project list would be discussed at the October meeting ITEM 7: REPORTS 7 -a. Committee Chair -- None. 7 -b. Parks & Recreation Director -- Frates reported ice would be in the Multipurpose Facility before October 3; Kenai River Marathon would be September 25; the Trails Plan is being refined; and, the department received a $600 donation from the Kenai Eagle Disc Golf Club. 7 -c. Kenai City Council Liaison -- Mayor Porter reported due to additional municipal revenue sharing monies, Council would be considering an ordinance for an increase in staffing for the Parks and Recreation Department. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 11, 2011 No committee members requested an excused absence from the October 11, 2011 meeting. ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS -- None. ITEM 10: ITEM 11: INFORMATION PERSONS NOT SCHEDULED TO BE HEARD -- None. 11 -a. Draft Trail Plan 11 -b. Landscape Site Plan -- Cook Inlet Natural Gas Storage Alaska, LLC 11 -c. Landscape Site Plan -- Cook Inlet Natural Gas Storage Alaska, LLC ITEM 12: MOTION: ADJOURNMENT Member Lovett MOVED to adjourn and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2011 PAGE 3 134 There being no further business before the Commission, the meeting was adjourned at approximately 9:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2011 PAGE 4 135 September 2011 Airport Manager's Report Airport Improvement Program: Apron Rehabilitation: The Airport and Finance Department are finalizing the close out documents. Master Plan — The kickoff date for the Airport Master Plan is scheduled for the Airport Commission meeting on October 13. Obstruction Clearing EA - The agency comment period for the scoping document ends on September 23. The EA will then be completed and circulated for another 30 day comment period. An agency scoping meeting was held at 1pm on Thursday, September 8, no agencies attended. A public information meeting followed at 7pm during the Airport Commission meeting; no public attended. Float Plane Basin EA & Design: Due to the recent FAA furlough and Congresses indecision in funding, the construction stage of this project was pushed back to fiscal year 12. However, staff is preparing the bid documents and the project will be bid ready when funds become available. Wildlife Hazard Assessment: The USDA/APHIS employee will be settling in Kenai the end of September and ready for work October 3. A biologist from Washington State will arrive to set up the study design This employee will be on airport over the next 12 months conducting a wildlife hazard study to complete a wildlife hazard assessment. This is an FAA requirement and the airport has a grant for this project. NOTAM Manager DON System: The Kenai Airport is scheduled for a training session for a NOTAM system that allows NOTAMS to be published in seconds directly into the US NOTAM System. The system was tested in Fairbanks and operations people love it. It has been operational for over a year at Denver also. There are only 10 airports that are currently up and going. Training sessions will take place on Thursday, September 22 with Operations personnel, the Tower, and the Flight Service Station. Annual Winter Operations Meeting: On October 5, 2011, the Airport will be conducting this annual requirement which plans and addresses the winter needs of airport user and tenants and is a refresher for operations personnel in ground vehicle driving, communications, and airport familiarization. In -house Projects: Staff is posting signs on airport reserve land available for lease. OPS crew continues to screen sand to FAA specs and crack seal areas on the runway taxiways. The Administrative Assistant is printing the new Airport Emergency Control Plan for distribution to all plan participants. A review and tabletop exercise will be held in November. and Compass Rose Painting: This project was cancelled due to rain; however the 99's still hope to complete this project weather permitting the end of September. Airport Manager Out -of State: I will be out of state from Sunday, September 25 through Saturday, October 1" attending the Northwest Chapter conference of the AAAE. I will return to work on Monday, October 3rd. The Airport Administrative Assistant and I will also be attending a three day Airport Operations Practicum at Ted Stevens Anchorage International Airport on October 10, 11, & 12. We will be back in the office on Thursday, October 13. 2011 -09 136 L i 8Viaanicip &1 A rparl Sfm FLOAT PLANE BASIN ACTIVITY 2007- 2011 OPERATIONS Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Total 2011 0 49 135 162 124 2010 2009 2008 2007 0 0 0 0 109 118 66 0 170 190 118 72 228 242 242 178 192 278 192 221 83 146 119 173 20 68 48 30 Closed Closed Closed Closed 5 not reported FUEL SALES Month 2011 1 2010 ! 2009 1 2008 1 2007 MAY $150 $521 $368 $561 $0 JUNE $2,558 $2,027 $2,714 $3,443 $988 JULY $4,421 $3,870 $2,815 $3,252 $2,660 AUGUST $3,535 $2,497 $3,390 $3,506 $2,721 SEPTEMBER $1,4-47 $2,498 $1,735 $2,493 OCTOBER $43 $642 $100 $162 Total Iii 854 2Ds4ti5 142 X12,596 $9;024 -j Slips Rented Private Commerical 12 0 137 Rev 6/2008 26.50% August 2011 10,402 GRANT 2,757 73.50% ERA GRANT Change KENAI Combined Mor.L ". AVIATION AVIATION Total 2010 learn AVIATION Month Total 2010 January 4,885 1.897 6,782 6,263 519 157 6,939 February 4,883 1,815 6,698 5.976 722 148 6,846 March 5,139 2,054 7,193 6.810 383 180 7.373 AprIl 4,701 1.908 6,609 6384 225 179 6.788 May 4,941 2,030 6.971 6,478 493 186 7,157 June 5,521 2,138 7,659 7,005 654 286 7,945 July 8,371 2,305 10,676 10,292 384 414 11,090 August 7,645 2,757 10,402 9,853 549 399 10,801 September 7,109 October 7,613 November 7,371 December 6,435 Totals 46,086 16.904 62,990 87,589 3,929 1,949 64,939 Terminal - Vehicle Parking Revenues August 2010 $23,070 2011 515,956 25000 22500 20000 17500 15000 12500 10000 - 7500 5000 2500 L 0 ®enae Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY1I ei FY12 1 138 the yof KENASKA FIRE DEPARTMENT MID -MONTH REPORT September 2011 Operations at the Fire Department have been busy over the last month. We are currently at 910 calls for the year. Last year at this time we were at 803. This almost a 14% increase in our call volume over last year. This is about a 5% higher increase than years past. On the non emergency side we are staying busy as well.. In mid August Chief Tilly attended the State of Alaska Highways Safety Planning meeting in Anchorage. This planning meeting includes people from all over the State of Alaska to put together a strategic plan for highway safety. With this summer's deaths that were seen. It is needed more than ever. Late August training was done on radio re programming to prepare for the narrow banding of our frequencies. September 7th and 8th the entire emergency radios were reprogrammed in house and we are currently FFCC compliant. We hosted the Virgin health Miles kick off here at station one on August. 25th for all City employees. Chief Tilly B shift attended the Industry Appreciation festivities. We hosted a Child Car Seat Check on the 30th of August and the report from FF Lehl stated that it was an exceptionally busy day and 8 car seats were replaced with new ones making these children safer in the car. We plan to host more in the future with ones planned for Sept. 30 and Oct. 18. On September 13,14 and 15 the fire department will be in the school teaching 7`h graders CPR. The goal is to teach every 7h grader in our local school CPR and they go home and teach their families, it is a great program called CPR Anytime and will be co taught with Peninsula Emergency Services representative Jane Schultz. Battalion Chief Prior is attending training in Wasilla for live burn training and acquired structure burns. We will represented at the memorial on September 11th at Central Emergency Services by a number of department members along with Tower 1. 139 FINANCE DEPARTMENT MID-MONTH REPORT To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: September 9, 2011 Re: Monthly Report September 2011 FY2011 yearend procedures are in full swing. The majority of the department's efforts are focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 26th at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. Compilation of financial information related to the 2011 Dipnet Fishery is underway for completion of the annual dipnet report. The City's new IT Manager has started and working very hard to learn the City's IT infrastructure. A system status report defining deficiencies along with criticality is being prepared to prioritize budgetary requests for the department. The additional resource has already proven to be a great asset to the City. thecit'of KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: September 10, 2011 Total August Meal Count 2011 Served: Total Congregate Meals Served: 1,430 Total Home Meals Served: 1,795 Total August Meal Count 2010 Served: Total Congregate Meals Served: 1,239 Total Home Meals Served: 1,787 We had five rentals in August. There were 1,165 hours of volunteer service In August. KENAI SENIOR CENTER SEPTEMBER REPORT A hiking club has been' formed. The group of six women walked Russian River Falls trail and had a sack lunch afterwards at one of the camp sites, The group, now called, "The Bear Bate Babes," enjoyed the hike so much another one is being planned for September to Juneau Falls. The Old Timer's Luncheon was held with 240 people present. Community seniors, Peggy Arness and Joanna Hollier organized, planned and set up the luncheon. Peggy Amess provided the program; the senior staff cooked the meal and the `old timers' kids" served. Peggy Arness led a memorial, reading names of seniors who have passed away during the year. It is a highlighted event during the year. Administrative Assistant had 20 appointments concerning senior issues. The Volunteer/Activity Coordinator is working with Linda Tannahill, Extension Service, and Demine Health Clinic to provide opportunity for Dr. Miriam, Nelson; PhD, author of The Social Network Diet, and Strong Women, Strong Bones. to share her expertise and see what various Kenai groups are doing for health and wellness. Director attended the National Meals on Wheels Conference, The conference offered excellent workshops on various topics including non -profit business, nutrition, advertising and fundraising. She attended fiscal management of non - profits. She also was asked to be a vendor at the community fair and providing information concerning Kenai Senior Services and what services the Center provide s to the community besides the home meal program. 141 the d2' of KENAI, \ALASKA KENAI COMMUNITY LIBRARY MONTHLY REPORT SEPTEMBER 2011 August Circulation Figures Adult Fiction Adult Non- Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non - Fiction Easy Fiction Easy Non - Fiction Interlibrary Loan 2,403 Internet Access 1,842 1,972 456 194 826 459 2,222 359 24 Room Booking 5 Music 174 DVDs 3,234 Audio books 206 Miscellaneous 103 Computer Programs 11 Total Print 8,915 Total Non -Print 5,575 Total Circulation 14,490 In -House circulation 279 Library Door Count Downloadable Audio 245 Downloadable EBoolcs 88 The total circulation for August 2011 was 23% higher than our ciculation figures for August 2010. Note that the circulation of online audio books is now greater than the CD collection. Listen Alaska will add titles worth approximately S20,000 to its ebook collection later this month. AUGUST Income Fines $ 1,203.42 Xerox 889.50 Lost /Damaged 167.82 Test Proctoring Fee 20.00 Printing 316.25 Total income 08 /I1 $ 1,796.99 Interlibrary Loans August Ordered 27 Received 26 Returned 37 Loaned by us 13 Library Cards Issued August Anchor Point 1 Cooper Landing 1 Internet Only 29 Kasilof 16 Kenai 98 Nikiski 23 Seward 1 Soldotna 41 Sterling 3 Non- Resident Organization & Other Total 28 13 254 We have received 2 new desktop computer stations and 4 laptops as part of the OWL (Online with Libraries) program. I will be traveling to Anchorage in October for initial training in videoconferencing. The city did hire an Information Technology Manager and he will be working with us on this project. I am also going to Anchorage September 7, 8 and 9th to attend an Electronic Resources Librarians meeting. 142 Children's & Pamily Programs.... 19 Attendees 403 Volunteers 5 Hours 32 RENAL HA POLICE DEPARTMENT MID - MONTH REPORT August 2011 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief %l3- DATE: 9/14/11 SUBJECT: Police & Communications Department Activity — Month of August 2011 Police handled 684 calls for service (up from 659 in August 2010). The Communications Center received 249 emergency 9 -1 -1 calls (164 from cell phones). Communications personnel handled 3,472 administrative phone calls during the month of August. Officers made 71 arrests and wrote 243 reports. Traffic enforcement resulted in 152 warnings, 32 speeding tickets, 17 seatbelt tickets, 31 citations for equipment violations, and 75 citations for "other" traffic violations. There were 5 DUI arrests. Police investigated 13 vehicle crashes. 5 of the crashes involved moose, and one involved caribou. There were no DUI - related crashes. On August 6, Officer Whanneli attended a National Crime Stoppers Conference in Grand Rapids, MI. Officer Whannell is the Central Peninsula Crime Stoppers law enforcement coordinator. On August 10th and 11`", Dispatcher Danielle Thompson attended Applied Suicide Intervention Skills Training (ASIST) at the Kenai National Guard Armory. From August 10'" — 121b Dispatcher Naomi Hagelund attended the National Academies of Emergency Dispatch, Emergency Medical Dispatch certification training at the Soldotna Office of Emergency Management. On August 19, Officers Harris, Williams, and Cushman attended a defensive knife course in Homer. On August 23, Officer Harris and Williams attended a crime scene refresher course at the State Crime Lab. In the schools, Officer Alex Prins began work as the new School Resource Officer. In August, he handled 4 school - related calls for service. He also provided a drug and spice presentation at a kick -off teacher in- service. 143 the uYy KEN LAALASKA STRAY Dogs Cats Other Animals ANIMAL CONTROL REPORT August 2011 2011 2010 100 77 ADOPTED 55 50 Dogs 43 27 Cats 2 0 Other Animals RELEASED BY OWNER 66 43 CLAIMED 2011 2010 60 43 42 28 17 12 1 3 16 23 Dogs 28 28 Dogs 16 21 Cats 38 12 Cats 0 2 Other Animals 0 3 Other Animals 0 0 D.O.A. 4 11 EUTHANIZED 89 65 Dogs 3 6 Dogs 25 43 Cats 1 4 Cats 64 22 Other Animals 0 1 Other 0 0 TOTAL, ANIMALS 170 131 Other Disposition 1 2 Borough Animals 48 30 Field Investigations 95 93 Total Dogs 86 79 Volunteer hours 98 122 Total Cats 82 43 Total phone 658 549 Total Other 2 4 Kennel Permits 0 0 Community Involvement Projects: 8/3/2011 Peninsula Community Health Services young kids field trip 8/10/2011 Peninsula Community Health Services school kids field trip 144 PURCHASE ORDERS BETWEEN $2,500,00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: SEPTEMBER 21, 2011 VENDOR ALASKA, SURE SEAL ALASKA SURE SEAL LN CURTIS YUKON EQUIPMENT IMAGE TREND SC:FIRER HOME SERVICES COASTAL PAINTING DESCRIPTION DEpt. ACCOUNT AMOUNT TRAINING FACILITY SNOW REMOVAL PLIGHT SERVICE SNOW REMOVAL ARFF GEAR MISC. PARTS ANNUAL MAINTENANCE FEE DUGOUT CONSTRUCTION FY12 JANITORIAL TRAINING FACILITY AIRPORT AIRPORT SHOP FIRE PARKS VISITOR CENTER REPAIR & MAINTENANCE REPAIR & MAINTENANCE SMALL TOOLS OPERATING SUPPLIES PROFESSIONAL SERVICES IMPRS OTHER THAN BLOCS REPAIR .& MAINTENANCE 4,000 00 4,000.00 8,030.97 4,087.55 3,000.00 4,767.50 12,300.00 NOTICE OF PUBLIC HEARING SEPTEMBER 21, 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. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. 2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. 3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by S41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 4. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 5, Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. 6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by S600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. 7. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Army in the Amount of S253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. 8. Resolution No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of $57,600. 9. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE1 /4 NE1 /4 and the E1 /2SE1 /4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal. 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. Cox • 1 Hall, Deputy City Clerk Posted: September 15, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF SEPTEMBER 21, 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. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. 2. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by S41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 4. Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax - - Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. 5. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. 6. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Army in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. 7. Resolution No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of $57,600. 8. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE1 /4 NE1 /4 and the E1 /2SE1 /4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal. 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 bytlte Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: September 22, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 21, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. 2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. 3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 4. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 5. Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub - section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. 6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. 7. Resolution No. 2011.67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Army in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. 8. Resolution No. 2011-68 — Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of $57,600. 9. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE1 /4 NE1 /4 and the E1/2SE1/4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. 4. *Ordinance No. 2585.2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 5. Discussion -- Legal Counsel at Planning and Zoning Commission Meetings. PUBLISHER'S A UNITED STATES OF AMERICA, 1 STATE OF ALASKA I ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO (t96546 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: September 19, 2011 SUBSCRIBED AND SWORN to me before September 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 nu 111110 'FIDAVIT AGENDA KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 21, 2011 7:00. P.M. KENAI CITY COUNCIL CHAMBERS h tt p: /twww -c i. ke n a i. a k. us ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2578.2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and/or Technical Changes . to the Kenai Municipal Code to Correct Errors. in Spelling,. Punctuation and Incorrect Citations. 2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase ll. 3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by 589,96573 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 4. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. 5. Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7,05, "Taxation of Real and Personal Property;' Adding a New Sub - section 7 05,090, "Personal Property Tax -- Assessments -- Watercraft" and Amending Sub- section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. 6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. 7. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Army in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. 8 Resolution: No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of $57,600. 9. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE1 /4 NE1 /4 and the E112SE114 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal. ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. 'Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. 4. 'Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 5. Discussion -- Legal Counsel at Planning and Zoning Commission Meetings. 6. Discussion -- Planning Commission Training 7. Discussion — City Clerk Retirement Expenditures. EXECUTIVE SESSION -- Corrective meeting under Alaska Statute to address a notice deficiency with respect to the August 18, 2011 Special Meeting convened for the sole purpose of holding an executive session on financial matters related to CINGSA's gas storage project being developed in the City of Kenai. The purpose of the executive session is to discuss matters the immediate knowledge of which could have an adverse impact on the finances of the City of Kenai and to give direction to Administration and the City's legal counsel negotiation with CINGSA regarding CINGSA's purchase of mineral rights, easements, and access to pore space. 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 ou website at http:( /www.ci,kenai.ak.us. Lorene Hall, Deputy City Clerk D883/2