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HomeMy WebLinkAbout2011-11-02 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: ,,cb.cA. ,� Mayor City Manager Library Kebschull Clarion Schmidt Council - Bookey, Boyle, Gabriel, Nr.,p*,n City Attorney Fire Department Student Rep. Clerk Finance Cunningham Hall Binder KSRM Mellish ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. 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BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY M M S V MARQUIS MOLLOY MOLLOY P113 BOYLE BOYLE y PORTER A% NAVARRE DALY GABRIEL NAVARRE BOOKEY GABRIEL `)/ BOOKEY V M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL. BOOKEY COMMENT SIGN -UP SHEET MEETING OF: s1 NAME MAIIeING ADDRESS TOPIC OR AGENDA ITEM? 11'J�( %C C ADD TO: NONE. NOVEMBER 2, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ITEM D -1: ORDINANCE NO. 2586 -2011 Council Member Molloy Snow Letter Council Member Molloy Memorandum ITEM D -2: ORDINANCE NO. 2587 -2011 Council Member Marquis Ordinance No. 2587 -2011 Substitute B CONSENT AGENDA AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 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) *A11 items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a 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 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH) 2. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office 14 2 -a. Substitute Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 1.90 Standard Procedures for Boards, Commissions and Committees, to add a New Section 1.90 -015 Entitled 'Recruitment for Boards, Commissions and Committees," Requiring Public Advertisement. 24 3. Ordinance No. 2588 -2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund 31 4. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant 33 5. Ordinance No. 2590 -2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant 35 6. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant 37 7. Ordinance No. 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant 39 8. Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation 41 9. Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil 43 10. Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund 45 11. Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation 49 12. Resolution No. 2011 -72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area 51 13. Resolution No. 2011 -73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - October 2011 53 14. Resolution No. 2011 -74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013 56 15. Resolution No. 2011 -75 -- Authorizing the City Manager to Enter Into a Lease of Tract A -2, Kenai Spur Airport Lease Property, T 5N R 11W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to Attached Preliminary Plat, with Buccaneer Alaska Operations, LLC 65 ITEM E: MINUTES 1. *Work Session Notes of October 14, 2011 97 2. *Regular Meeting of October 19, 2011 99 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 109 2. Approval of Purchase Orders Exceeding $15,000 110 3. *Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (Rsl), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR- 1, and the Urban Residential (RU) Zoning Districts 112 4. *Ordinance No. 2598-2011 -- Increasing Estimated Revenues and Appropriations in the General Fund - Police Department by $25,000, Parks Department by $14,500, and Streets Department by $31,500 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities 121 5. *Ordinance No. 2599 -2011 -- Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Information Technology Capital Project Fund for Citywide Information Technology Upgrades. 123 6. Action /Approval -- Appointment to Commissions /Committees 140 7. Action /Approval -- Lease Amendment - Kenai Nikiski Pipeline, LLC, Proposed Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property 142 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 150 2. Airport Commission 153 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 156 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to fine (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- to give direction to the City Attorney regarding financial issues, the disclosure of which could have a financial impact upon the City -- City Clerk Contract. ITEM L: ADJOURNMENT ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INFORMATION ITEMS KENAI CITY COUNCIL MEETING 1. Purchase Orders Between $2,500 and $15,000 for Council Review 157 2. Budget Transfer in Capital Projects in excess of $5,000 3. 2012 Alaska Gaming Permit -- Pickle Hill Public Broadcasting 158 4. Application -- Planning and Zoning Commission 162 eh: city eye KENM, WISKA U Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2586 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING, TRACT C, CENTRAL VIEW SUBDIVISION (KPB PARCEL NO. 04901063) FROM RURAL RESIDENTIAL (RR) TO HEAVY INDUSTRIAL (IH). WHEREAS, the owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Rural Residential (RR); and, WHEREAS, the Zoning Code indentifies the Rural Residential zone as, "intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment;" and, WHEREAS, the request is to rezone the parcel to Heavy Industrial (IH); and, WHEREAS, the Zoning Code indentifies the Heavy Industrial zone as, "established to allow for a broad range of industrial and commercial uses. It is intended to apply to industrial areas which are sufficiently isolated from residential and commercial areas to avoid any nuisance effect;" and, WHEREAS, the property is severely restricted for development by topography which not only restricts development but also provides a natural buffer between any proposed development; and, WHEREAS, the 2003 Comprehensive Plan defines Industrial Land Use as, "the Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine- related industry, storage, and similar industrial activities. City utilities and safe, convenient vehicular access is critical, Buffers between industrial uses and adjacent non - industrial uses are desirable;" and, WHEREAS, the Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City. The Plan notes the need to preserve existing best - located industrial -zoned tracts for future industrial uses. WHEREAS, the proposed rezone would designate additional property in this area of concentrated industrial development; and, WHEREAS, the access, development constraints and adjacent industrial development support the required rezone; and, 1 Ordinance No. 2586 -2011 Page 2 of 2 WHEREAS, rezoning the property to Heavy Industrial (IH) will enlarge an adjacent district boundary; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, rezoning the property to Heavy Industrial (IH) is consistent with the Comprehensive Plan; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Heavy Industrial zone (IH); and, WHEREAS, on September 28, 2011, the Kenai Planning and Zoning Commission voted 5 -1 to rezone the parcel to Heavy Industrial (IH). NOW, THEREFORE, BE TT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended by rezoning the parcel shown on Attachment A from Rural Residential (RR) to Heavy Industrial (IH). %`cLzl,,,4-, 1,/ lY -it C PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk 2 PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: December 2, 2011 eke uYy of KENA SKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -34 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCII.OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch ADDRESS: 4575 ICenaitze Court, Kenai, Alaska 99611 LEGAL: Tract C, Central View Subdivision PARCEL #: 04901063 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential 2. The present and use plan designation is Neighborhood Residential 3. The proposed zoning district is Heavy Industrial 4, An appropriate public hearing as required was conducted September 28, 2011 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract C, Central View Subdivision is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 28, 2011, CHAIRPERSON j la ATTEST:, „I\ nbl' UU II� G I �J PZ11 -34 - Proposed Rezone Rural Residential to Heavy Industrial ATTACHMENT A 4 Agenda September 28, 201 t Page 2 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 -- September 14, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Rick Koch, Kenai City Manager - Kenai Bluff Stabilization Project Update City Manager Koch reviewed the history of the project, noting the Corp,.of Engineers was currently moving forward with the final feasibility study, noting they had secured the funding for 65% of the project. Koch reported the City'sr35 %n would be approximately $15 million. He noted five buildings wottjd need;to be removed as part of the project and there would be a public meeting late in October to go over all those details. Clerk's note: Commissioner Bryson handed tha',igavel to Chair Twait at this time. ITEM 4: ITEM 5: 5 -a. MOTION: CONSIDERATION' OF PLATS -- None. PUBLIC HEARINGS PZ11 -34 - Ana ppi lcat ornO rezone Tract C, Central View Subdivision from Rural. Residentiar o Heavy Industrial. Application submitted by Rick Koch, 4575 Kenaitze Court, Kenai, Alaska. Commissioner Navarre MOVED to approve PZl 1 -34 and Commissioner Knaekstedt SECONDED the minion. Assistant City Planner Carver reviewed the staff report included in the packet. Chair Twait read the rules of public hearing and opened the meeting to public comment. on Fran JTones, 226 Susieanna Lane -- Ms. Jones reported she lived on the bluff above the property and her concerns were with increased noise. Rick Koch, 4575 Kenaitze Court -- Mr. Koch, applicant, reported his original plan had been to build a house and shop on the property. He noted he had since purchased a home and would not be building a principal residence on the property, so a rezone PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 2 5 1 Agenda September 2A, 2011 Page 3 would be needed to put up a shop. Commissioner Rogers asked if there would be drilling on the property. Koch responded no. Commissioner Bryson asked if Koch would be open to a split zone. Koch responded yes. Commissioner Navarre asked if the legal access would be through the heav3/ this al zone. Koch replied yes. Knackstedt asked where the stream went after it left Koch's property,. Koch replied it want beneath the pad on the property south of his through a culvert Navarre asked if there was a well since there was no city water and sewer. Koch replied he had a well Fran .Jones, 226 Susieanna Lane -- Ms. Jones reported,, she was not opposed to his plan but was concerned if he sold the property in the'=:fut ire. §u Conunissioner Navarre requested Commmissione 4Bryson review the idea of a split zone. Bryson reported the low area was appropri"a' e for industrial use, but was concerned with the closeness of the residential are e.':st Knackstedt reported the low lands and slope already restricted development and asked if the Commission could impose;resfrictions. Carver responded yes. Twait asked if it was possible to get a conditional use permit. Carver reported a conditional use permit would not be allowed, MOTION :. Commissioner Bryson MOVED to postpone PZ11 -34 to the October 12 meeting to allow staff to research the split zone. Commissioner Navarre SECONDED the motion. Knackstedt asked Koch if he had concerns with postponement. Koch replied he would use the property for storage, but no building was immediately planned. Carver noted Administration would not offer other options as they were trying to eliminate split zones. VOTE ON POSTPONEMENT: PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 PAGE 3 6 Agenda September 2S. 20I ] Page 4 Twait NO Bryson Koester YES NO Romain Rogers ABSENT NO Knackstedt NO Navarre NO MOTION FAILED. Commissioner Navarre requested. UNANIMOUS CONSENT on the main motio Commissioner Bryson objected. VOTE: Twait YES YES Bryson Koester NO YES j Romain jrRogers ciiii, ABSENT YES Knackstedt Navarre 1 YES MOTION PASSED. ITEM 6: ITEM 7: ITEM 8: ITEM 9: UNFINISHED BUSINESS '- ;.None. NEW BUSINESS - s'i PENDING ITEMS -- None. REPORTS .. 9.a. City Council -- Cduncit Member Molloy reviewed the Flanders /Kenai Peninsula Racing Lions Board of Adjustment decision, which was granted in part and denied in part; noting pit bzkes would require a separate conditional use permit. Molloy reviewed the Septerpber 21 City Council meeting action agenda included in the packet, noting Council's suggestion to provide legal counsel at Planning and Zoning Commission meetings as needed and supporting Planning Commission training for all commissioners Tin November. Manor evewed the September 27 Council Work Session regarding Clerk Recruitment, noting one, additional applicant would be interviewed on October 7, then the Council would convene into Executive Session to review the finalists and return to the meeting to appoint`a City Clerk. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the September 26 Borough Planning Commission meeting, noting no issues pertained to the City of Kenai. 9 -c. Administration -- Carver reported there would be a work session prior PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 28, 2011 . PAGE 4 7 STAFF REPORT To: Planning & Zoning Commission Date. September 2, 2011 Res: PZ11 -34 GENERAL INFORMATION Applicant: Rick Koch 4575 Kenaitze Court Kenai, AK 99611 283 -8222 (work) Requested Action: Rezone — Rural Residential to Heavy Industrial Legal Description: Tract C, Central View Subdivision Street Address: 555 Ervin Street KPB Parcel No.: 04901063 Existing Zoning Residential Current Land Use: Vacant Land Use Plan: Neighborhood /Residential ANALYSIS General Information: This is an application to rezone Tract C, Central View Subdivision from Rural Residential to Heavy Industrial. In 2008, the parcel was rezoned from Suburban Residential, Rural Residential and Conservation to Rural Residential. This rezone eliminated a split zone. The property owner originally intended to construct a house on the property. However, after further consideration and considering adjacent development, the property owner would like to use the property for a shop and storage which is consistent with the adjacent properties that are zoned Heavy Industrial and developed with industrial uses. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary." This property is larger than an acre and enlarges an adjacent district boundary. The proposed rezone meets the code requirements for an amendment. The parcel is approximately 5.98 acres and privately owned. This property does not have access to City water and sewer. The original intended use of the property was to construct a residential structure. The parcels surrounding the property are zoned Conservation and Suburban Residential 2 to the north, Suburban Residential to the west, Rural Residential to the east, and Heavy Industrial south. The natural drainage 8 1134 Comment.doc Page 2 flowing through the western and northern part of the property provides a natural buffer between the residential zoned parcels to the north and west. The Comprehensive Plan Land Use Plan is provided as a guide to decision- making and is intended as a generalized vision. "Although the plan discusses and analyzes land use, it does not regulate land use. That is the task of zonings The Plan defines Industrial Land Use as, "The Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine - related industry and storage, and similar industrial activities. City utilities and safe, convenient vehicular access is critical. Buffers between industrial uses and adjacent non - industrial uses are desirable." Chapter 4 of the Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City. The Plan notes the need to preserve existing best - located industrial -zoned tracts for future industrial uses.2 The proposed rezone would designate additional property in this area of concentrated industrial development. The property is currently zoned Rural Residential. The parcel is identified in the Comprehensive Plan as Neighborhood Residential which is defined as, 'The Neighborhood Residential district consists of single - family and multi - family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation. This land use district may include both single - family and multi-family dwellings subject to reasonable density transitions and /or design compatibility. Formal public outdoor spaces (parks) are a critical feature in this district. Small home -based businesses may be accommodated within certain design guidelines. Neighborhood institutional uses such as churches, schools, and day care facilities may be intermixed if they comply with neighborhood design guidelines." The property location and adjacent development do not appear consistent with the Neighborhood Residential land use designation. Building Official: No building code issues. RECOMMENDATIONS This is a request to rezone a 5.98 parcel from Rural Residential to Heavy Industrial. The proposed rezone meets the criteria for a code amendment as defined in KMC 14.20.270. The Comprehensive Plan provides guidance in decision - making when considering rezones and land use. This property was originally split- zoned. It is unclear why the property was originally zoned with three zoning districts; however, it is believed it was 1 City of Kenai Comprehensive Plan— Page 26. 2 City of Kenai Comprehensive Plan — Page 38. 9 1.134 Comment.doc Page 3 to accommodate the natural drainage flowing through the parcel. The property is severely restricted for development by topography which not only restricts development but also provides a natural buffer between any proposed development and development to the north and west of the developable portion of the land. To provide an idea of the geographic limitations on this property, two exhibits are provided from the Kenai Peninsula Borough lidar. One shows hillshade and the other shows slope. The drawings clearly depict development constraints. The access, development constraints and adjacent industrial development support the requested rezone. The property is accessed via Ervin Street located off Bridge Access Road in an area with commercial industrial development. Even though properties to the west, north, and east are residentially zoned, it appears the highest and best use of this property is to rezone the property to the industrial zone. The natural geographic separation will provide protection from any industrial development to the residential zones that abut the property. The proposed rezone appears consistent with the zoning code and the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. "PZ11 -34 2. Application 3. Maps 10 'Village with a Past, Gi with a Future 11 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / Fax: 907 - 283 -30.14 min 1 ( www.ci.kenai.ak.us 1991 REZONING APPLICATION LEGAL DESCRIPTION PRESENT ZONE PROPOSED ZONE Intended Use and/or Reason for Rezoning: Qse g fry l TrA- use l soor)7� C l �` td :'� 'PC rWrzi. Cxee' Section 14.20.270 Amendment Procedures governs any amendment to the KenaYZoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 2. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right -of- way) unless the amendment enlarges an adjacent district boundary. 11 A Public Notification and Hearing is required before the issuance of this permit. A $100.00 (plus sales tax) non - refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature REZONING CHECKLIST: a. MAP ✓ b. SIGNATURES /c. DEPOSIT /ADVERTISING FEE ($100 + sales tax) - d.,.APPLICATION FORM OR LETTER ✓e. AFFIDAVIT OF POSTING 12 Trac, , Central View St ')division 13 Mc city of KENAI. ALASKA Sponsored by: Council Members Hockey and Molloy CITY OF KENAI ORDINANCE NO. 2587 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND ZONING COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED "APPOINTMENT TO PLANNING AND ZONING COMMISSION," REQUIRING PUBLIC ADVERTISEMENT OF NOTICE OF VACANCIES AND REQUESTS FOR APPLICATIONS, AND ESTABLISHING A NEW PROCEDURE FOR APPLICATION, NOMINATION AND CONFIRMATION OF COMMISSION MEMBERS, AND DEFINING THE TERM OF' OFFICE, WHEREAS, Chapter 1.90 of the Kenai Municipal Code establishes standard procedures for all boards, commissions, and committees of the City of Kenai; and, WHEREAS, section 1.90.010 sets forth an appointment procedure for members of boards, commissions, and committees whereby the Mayor may nominate a person to serve as a member, which nomination must be confirmed by the City Council; and, WHEREAS, the procedures set forth in Chapter 1.90 do not provide for or require general public notice or advertisement before the Mayor nominates and the Council confirms an appointment to a vacancy on a board, commission, or committee; and, WHEREAS, the procedures set forth in Chapter 1.90 are general requirements only and are followed to the extent that they do not conflict with more specific requirements found in code sections pertaining to specific boards, commissions, and committees; and, WHEREAS, as established in KMC 14.05.010, the duties of the Planning and Zoning Commission (Commission) include both advisory and decision-making duties; and, WHEREAS, the Commission acts in an advisory capacity to the Kenai City Council and these advisory duties to the City Council include making recommendations on applications to rezone property, on proposed amendments to the Kenai Zoning Code, on proposed amendments to City of Kenai Comprehensive Plan, on City and airport land lease or sale petitions, on amendments to the Official City of Kenai Zoning Map, and on other matters under Title 14 or referred to the Commission by the City Council; and, WHEREAS, the Commission acts in an advisory capacity to the Kenai Peninsula Borough Planning Commission and these advisory duties to the Borough's Planning Commission include making recommendations regarding subdivision plat proposals, rights -of -way and easement vacation petitions, and City of Kenai Comprehensive Plan amendments; and, New Text Underlined. [DELETED TEXT BRACICETED] 14 Ordinance No. 2587 -2011 Page 2 of 4 WHEREAS, with respect to its decision- making duties, the Commission acts as a quasi-judicial body, conducting public hearings and making decisions on property owners' and lessees' applications and requests for variance permits, conditional use permits, home occupation permits, planned unit residential development permits, and on other matters requiring consideration under the Kenai Zoning Code, all matters that have important consequences to owners and lessees of private property; and, WHEREAS, the importance of the work of the Commission and its members, and the dedication of time required of the members to perform their duties, is recognized in the City's Code, including KMC 1.85.070(a) defining "municipal officer" to include members of the Planning and Zoning Commission, KMC 1.85.010(b) - (c) requiring Commission members to file initial and annual financial disclosure statements, and KMC 14.05.010(d) authorizing compensation of members of $100 per month for their work, all requirements and benefits not imposed or conferred upon members of other City boards, commissions, or committees except the City Council; and, WHEREAS, by creating a more public application and nomination process for selection of mernbers of the Commission the City provides a. more open process that encourages public participation in municipal government and creates a transparent process for individual residents of the City of Kenai to make their interest in public service on the Commission known; and, WHEREAS, the Kenai City Council met in a work session on May 10, 2011, to discuss possible amendments to commission /committee appointments and public notification of vacancies on commissions and committees; and, WHEREAS, it is in the best interest of the City of Kenai for the City Council to adopt additional processes and procedures unique to the Planning and Zoning Commission for the filling of vacancies on that Commission. 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 Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section 14.05.015, Appointment to Planning and Zoning Commission, to read as follows: 14.05.015 Appointment to Planning and Zoning Commission. (a) Public notice; application. (1) Whenever a te;in of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy and request for applications, along with New Text Underlined; [DELETED TEXT BRACKETED] 15 Ordinance No. 2587 -2011 Page 3 of 4 the deadline for filing an application. The application deadline shall be the same deadline as the Council observes for timely submissions to the City Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and procedures of the Council) for the meeting at which the nomination for appointment is on the Council agenda. (2) The Clerk shall advertise the notice at least twice a week for two (2) weeks by publication in a newspaper of general circulation, by posting on the City's website. and by posting in at least three (3) other public places in the City, one of which shall be the official bulletin board of the City at City Hall. The last date of newspaper publication shall be no later than seven (7) days before nomination for appointment by the Mayor at a. Council meeting 53) An applicant shall file with the City Clerk a completed application for appointment to the Commission on a form provided by the Clerk. All applications filed by the advertised deadline, along with any applications previously filed in the 90 days prior to the advertised deadline shall be placed in the Council packet for the meetings where the nomination is made and where the confirmation of appointment for any vacancy is considered. (b) Nomination Procedure. Consideration shall be given to the qualifications and merits of each applicant. The Mayor shall make nominations only from the list of persons who timely submitted an application as provided in subsection (a)(31. The Council may re -open the application period. (c) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination at the next regular Council meeting following the meeting in which the Mayor made the nomination, at which time the Council shall consider whether to confirm the nomination. (d) Term of Office. Members of the Planning and Zoning Commission shall be appointed for a term of three years. Terms shall end on December 31 of the third year. In the event a seat has six (6) months or less remaining to the unexpired term, the Council, at its discretion. may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby New Text Underlined; [DELETED TEXT BRACKETED) 16 Ordinance No, 2587 -2011 Page 4 of 4 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1 15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: December 2, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 17 ICB S MEMO "k2IIaye with a Past, Ci y with a Future" NDL 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 1992 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 M TO: FROM: DATE: SUBJECT: Mayor Pat Porter and City Council Members Council Members Terry Bookey and Bob Molloy October 11, 2011 Ordinance No. 2587 -2011 7 The proposed Ordinance No. 2587 -2011 would add a new section KMC 14.05.015 entitled "Appointment to Planning and Zoning Commission" that establishes procedures for these appointments, including: - Stage One: Public advertisement: The notice of vacancy and request for applications, along with the deadline for filing an application, is published in a newspaper at least twice a week for two (2) weeks, posted on the City's website, and posted in at least three (3) other public places in the City, including the official bulletin board of the City at City Hall; - Stage Two: Applications to Mayor /Council: All applications which have been filed by the advertised deadline, along with any applications previously filed in the 90 days prior to the advertised deadline, are placed in the council packets for the meetings where (1) the Mayor's nomination is made, and (2) where the confirmation of appointment for any vacancy is considered; - Stage Three: Nomination by Mayor: Consideration to be given to the qualifications and merits of each applicant, with the Mayor to make nominations only from the list of persons who timely submitted an application, and with the Council able to re -open the application period; and - Stage Four: Confirmation by Council: The Council to review the Mayor's nomination at the next regular Council meeting following the meeting in which the Mayor made the nomination, at which time the Council is to consider whether to confirm the nomination. In addition, the proposed Ordinance No. 2587 -2011 also would define the term of office to be three (3) years, with the term ending on December 31 of the third. year. In the event a seat has six (6) months or less remaining to the unexpired term, the Council, at its discretion, may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired terra. 18 From: John Landua <John_Landua @gci.net> Subject: RE: Please Pass Ordlnance 2587 -2011 Date: October 19, 2011 3:18:51 PM AKDT To: Ryan@ marquisforkenai.com Cc: kenaimayorl0 @msn.com, mboyle @alaska.com, bob @molloyforcouncil.com, cpajoe @altrogco.com, terry @bookeyforkenai.com, briangabriel @acsalaska.net Hi, Ryan. My perspective on this proposed Ordinance is that of encouraging principled public process. The principles I have in mind are 1) transparency, 2) fairness, and 3) thorough vetting of those seeking to become "municipal officers" in the words of the proposed legislation. I do not mean to imply in any way that that is not happening now. However, when it comes to working with people, I'm a guy that likes to be able to read and follow steps that are clear and available to everyone (does that make me a "Constitutionalist " ?). I met with Mayor Porter this morning at her invitation and we went over issues around the proposed ordinance. I appreciated getting her perspective. I think she is working to keep things moving. I understand it is difficult to recruit and retain Commission members (to any Commission), Adding steps to the process might result in some difficulties initially maintaining quorums for P &Z Commission meetings. Were the proposed Ordinance passed, I believe that with good management of the process and good faith on all sides (Le,, reasonable times between presentation of a resignation by an incumbent Commissioner and the resignation date, quick initiation of public notice by the Clerk) , these possible difficulties can be bypassed or overcome. The key is to create an open, public process to recruit and seat Commissioners, with the Council's decision to appoint based as much as possible on merit. This proposed Ordinance is a strong step in that direction. Thanks for asking. John 0,Landua 1520 Toyon Way Kenai, Alaska 99611 -7925 Phone 1.907.283,3851 Mobile 1.907.398.6841 John_Landua @gci.net From: ryanmarquis @gmail.com [mailto:ryanmarquis @ gmail.com] On Behalf Of Ryan Marquis Sent: Tuesday, October 18, 2011 5:58 PM To: John Landua Subject: Re: Please Pass Ordinance 2587 -2011 Hello John, Thank you for your comments and gratitude. I greatly appreciate input from the public, so thanks again for your email. I'm assuming you have concerns with the way the current process works. Was there something in particular about the nomination and confirmation process for Planning and Zoning Commissioners that had the most concern about? 19 Peel free to contact me anytime about anything; feedback is most welcome. Ryan Marquis On Tue, Oct 18, 2011 at 3:15 PM, John Landua <John Landua!n�.dci.net> wrote: Mayor Porter and Council Members: I am in favor of you passing proposed Ordinance 2587 -2011 establishing a new procedure for nominating and confirming Planning and Zoning Commission members. Thanks to Council Members Bookey and Molloy for proposing this needed legislation. Thanks to you all for the enormous time and effort you are putting in as our elected City leaders. John 0. Landua 1520Toyon Way Kenai, Alaska 99611 -7925 Phone 1.907.2833851 Mobile 1,907.398.6841 John_Landua6Agei.net 20 Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14105.010 Duties and powers. 14.05.020 Fees. 14.05.010 Duties and powers. (a) The Commission shatl be required to perfume the following duties: (1) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other mantis requiting con- sideration under the Kenai Zoning Code, (2) Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. (3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. (4) Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development Proposed plans fdr the rehabilitation or redevelopment of any area or district within the City. (6) Perform historic preservation reviews and duties as set froth in KMC 14.20.105. (b) The Commission shall act in an advisory ca- pacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. Capital improvements Programming. The Commission shall submit annually to the Council a list of recommended capital (5) (3) 233 -20- 21 14.05.010 improvements which, in the opinion of the Commission, are necessary and desir- able to be consnucted during the forth- coming three -year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (c) The Commission shall act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- ters, (1) Subdivision Plat proposals. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. (KMC 14-3; Ords. 155, 403, 1018, 1161, 1179, 1892-2000) 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Official Map. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the 'retum of the fee paid. (KMC 1411; Ords.403, 954, 1161, 1179) (Erne: 44-01 1.90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES 5.90.010 1,90.020 1.90.030 1.90.040 1.90.050 1.90.050 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of bo commissions and committees, 1.90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist of seven (7) members who shall he nominated by the Mayor acid confirmed by the City Council from applications submitted to the City Clerk A chairman and vice - chairman shall be selected an- nually and shall he elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties, (a) Members of boards, commissions and com- mittees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the City organi- zation that directly relate to the board, com- mission or committee. If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish (b) (Kenai Supp. NV. 93, 10.08) 34 expenses projected for the year for approval by the City Council, 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an offi- cer or employee of the City of Kenai, If any member should move his or her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or ap- pointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He or she should be aware that he or she will serve without salary, but will he reimbursed for all reasonable ex- penses incurred in connection with this ser- vice, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Conunis- sions may at the discretion of the Council have (1) up to two (2) non - resident members each; or (2) have one (1) member who does not reside in the City but worlcs at least one- half time within the City. (Ords. 1948-2002, 2320-2008) 1.90.040 Terms. (a) A member of a board, commtssion or com- mittee shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with, consent of the Council, can re- appoint the member or recommend a. re- placement. (b) The terms' of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2) years; and two (2) members will -37- 22 be appointed for three (3) years. Terms shall commence on January 1st of each year. 1.90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall . be kept of .all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be' filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are sub- ject to the paramount authority of the City , Council. (b) If the commission, committee or board mem- ber shall be absent, without the body excusing the absence for good cause, from more than one -half of all the meetings of his or her com- mittee, commission or board, regular and spe- cial, held within any period of three (3) con- secutive calendar months, he or she shall thereupon cease to hold the seat. A commis- sion, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. (c) ht all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, vot- ing. (d) The responsibility of insuring that all mem- bers of boards, commissions and committees receive_a capy..of the .Standard_Prooedures..of. -... Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050 -2004; 2140- 2006) 34 -1 -17- 23 ].90.040 1.90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KIM 1,90 are general' requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and conuniltees. (Ords. 1223, 1239) (Kenai Supp No 43,10-08) to uh of KEN N. ALASKA SUBSTITUTE Suggested by: Mayor Pat Porter CITY OF KENAI ORDINANCE NO. 2587 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. AMENDING THE KENAI MUNICIPAL CODE, CHAP'T'ER 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES, TO ADD A NEW SECTION 1.90.015 ENTITLED "RECRUITMENT FOR BOARDS, COMMISSIONS AND COMMITTEES," REQUIRING PUBLIC ADVERTISEMENT. WHEREAS, Chapter 1.90 of the Kenai Municipal Code establishes standard procedures for all boards, commissions, and committees of the City of Kenai; and, WHEREAS, section 1.90.010 sets forth an appointment procedure for members of boards, commissions, and committees whereby the Mayor nominates a person to serve as a member, which nomination must be c.onfit hied by the City Council; and, WHEREAS, the procedures set forth in Chapter 1.90 do not provide for nor require general public notice or advertisement before the Mayor nominates and the Council considers confirmation of an appointment to a vacancy on a board, commission, or committee; and, WHEREAS, the Kenai City Council met in a work session on May 10, 2011 to discuss commission and committee recruitment and appointment; and, WHERAS, there was a consensus among the Council for an informal policy requiring the following: 1. On a quarterly schedule the City Clerk will have published in the newspaper a display advertisement which will include: a. A statement that the City of Kenai maintains an open recruitment for Commissioners. b. Identify the Commissions. c. Encourage interested individuals to apply and provide instructions. d. When applications are received place in Council packets as an informational item. 2. When the Mayor nominates an individual for a vacancy on any Commission the mayor will; a. Contact the City Clerk and request that a Discussion /Approval item be placed on the next Council Meeting Agenda. b. Request that the City Clerk include in the packet, the application to be considered for consideration. c. Provide to the City Clerk any other relevant information to be included in the Council packet. New Text Underlined' !DELETED TEXT BRACKETED] 24 Ordinance No. 2587 -2011 Page 2 of 3 ;and, WHEREAS, the informal policy has been followed since the Council work session without incident and has provided a process sufficiently detailed without being administratively; and, WHEREAS, it Is appropriate to codify the informal policy in order to provide for a formal process. 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 Kenai Municipal Code: The City Municipal Code is hereby amended by adding a new section 1.90.015, Recruitment for Boards, Commissions and Committees, to read as follows: 1.90.015 Recruitment for Boards. Commissions and Committees (a) The City Clerk, on a calendar quarterly basis. shall have published in a newspaper of general circulation. on the City website, and on the official City bulletin board the following: (1) A statement that the City of Kenai maintains an open recruitment for Board Members. Commissioners and Committee Members. (2) List of Boards, Commissions and Committees. (3) A statement encouraging interested individuals to apply and application instructions. (b) When application(s)s for Boards, Commissions and Committees are received the City Clerk will include the application(s) in the regular Council meeting packets as an information item. (c) When there is a vacancy on a Board, Commission or Committee, the City Clerk shall post notice of the vacancy on the City webpage and on the official City bulletin board. (d) When the Mayor nominates an individual for a vacancy on any Board. Commission or Committee, the Mayor shall place a Discussion /Approval item on a regular Council Meeting Agenda, and include the application and any other supporting information to be considered by the City Councll. Section 3. Severabilitv: If any part of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it New Text Underlined; 'DELETED TEXT BRACKETED' 25 Ordinance No. 2587 -2011 Page 3 of 3 would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective date: Pursuant to KMC1.15.070(f) this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: November 2, 2011 Adopted: November 2, 2011 Effective: December 2, 2011 New Text Underlined. pELEPED TEXT BRACKEiEDl 26 "Village with a Past, Ct y with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Kenai City Council FROM: Mayor Pat Porter DATE: October 26, 2011 SUBJECT: Ordinance 2587 -2011 - Substitute I respectfully request your consideration of a substitute for ordinance 2587 -2011. The substitute ordinance would replace Ordinance 2587 -2011 in its entirety and provides the following: Amaterieft 1992 1. A uniform and consistent process for the recruitment of members of all boards, commissions and committees 2. A process which was discussed, and general consensus reached by Council at the May 10, 2011 Council work session 3. An administrative process that is not overly burdensome 4. Quarterly non - specific notification for recruitment for boards, commissions and committees 5. Specific notifications for recruitment when a vacancy on a board, commission or committee occurs 6. Citizens who desire to serve on boards, commissions and committees may apply at any time and are not constrained by specific schedules I believe that the substitute ordinance provides for a formal recruitment process while also allowing for maximum citizen participation on the City of Kenai's boards, commissions and committees. Attached please find a copy of the memo dated May 12, 2011 that I distributed to Council following our may 10, 2011 work session. Thank you for consideration of this substitute ordinance. 27 Memorandum To: Council Members From: Mayor Pat Porter Subject: Commission and Committee Work Session Date: May 12, 2011 1 would like to express my appreciation to all of you for you efforts, dedication and willingness to work towards compromises during the recent work sessions. I want to make sure I clearly understand the process we defined regarding the Mayor's nomination of Commission Members. Further, it is my intent to immediately put into practice the process we defined, in advance of any legislative action. 1. On a quarterly schedule the City Oerk will have published in the newspaper a display advertisement which will include: a. A statement that the City of Kenai maintains an open recruitment for Commissioners. b. Identify the Commissions c. Encourages interest individuals to apply and provide instructions d, When applications are received place in Council packets as an information item 2. When the Mayor nominates an individual for 2 vacancy on any' Commission the Mayor with a. Contact the City Clerk and request that a Discussion/Approval item be placed or the next Council Meeting Agenda. b. Request that the City Clerk include in the packet, the application to be considered . for consideration. c. Provide to the City Clerk any other relevant information to be included in the council packet. vitha 'Past,C with a Future" 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 967 - 283.8245 Fax: 907.283 -3014 www.ci.kcnai.ek.us If my recollecticm of the process is incomplete or in error, please respond to ensure my understanding is accurate. If you know individuals that you believe would be an asset to our Commissions please encourage them to submit an application. I would be happy to contact them should we have an vacant seat Agmin, thank you and I hope we are able to build on tiro positives of the recent work sessions. 64 28 KENA19 ALASKA Ncy- "Vi /faye with a Past, Gity with a Fatisre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us To: Mayor Porter, Council Members From: Corey Hall, Deputy City Clerk Date: October 28, 2011 Re: Commission /Committee Ad I placed the following• ad in the Peninsula Clarion. It ran on September 21, October 5 and 19, and will run on November 2, The total cost of the ad was $597.52, or approximately $150.00 for each run, Denise Reece from the Clarion told me a smaller ad with just one opening listed would cost approximately $90.00 for each run. 29 PUBLIC NOTICE CITY OF KENAI COMMISSIONS AND COMMITTEE VACANCIES ENJOY GARDENING? PASSIONATE ABOUT THE KENAI RIVER? LOVE THE LIBRARY? THE CITY OF KENAI NEEDS YOU!!! Positions are available on several City of Kenai commissions and committees. All those interested in serving on a commission or committee should contact the City Clerk's Office at 203 -7535, extension 231. Applications for appointment are available at the Kenai City Clerk's (located at 210 Fidaigo Avenue, Kenai) or on the City website, www.ct.kenai.ak.us). All meetings are at City Hall Council Chambers unless noted in the schedule below: ^O011�tlttlBSIONiCOMP�fTTa,,E ;idi�EX)NG`SCHEP,NLE ..... AIRPORT COMMISSION MONTHLY, SECOND THURSDAY, 7:00 P.M. COUNCIL ON AGING MONTHLY, FIRST THURSDAY, 4:30 P.M., SENIOR CENTER BEAUTIFICATION COMMITTEE SCHEDULED MEETINGS /JANUARY, APRIL, MAY, SEPTEMBER, OCTOBER •- SECOND TUESDAY, 7:00 P.M. HARBOR COMMISSION MONTHLY, FIRST MONDAY FOLLOWING FIRST COUNCIL OF THE MONTH, 7:00 P.M. LIBRARY COMMISSION MONTHLY, FIRST TUESDAY, 7:00 P M. PARKS & RECREATION COMMISSION SCHEDULED MEETINGS/ AUGUST, OCTOBER, DECEMBER, FEBRUARY AND APRIL — FIRST THURSDAY, 7:00 P.M. PLANNING & ZONING COMMISSION SECOND AND FOURTH WEDNESDAYS, 7:00 P.M. Corene Hall, Deputy City Clerk 30 f `f(t/. tRJ e .,Sno.up . . 4115 20c°-Lcr Aene:t if., 514 0_,. I "t I 1 ('- . n -.. _ -C a'.o e1 4-c4 l(.3 e.. ce a h,.j- cwt kse-tt f2o --‘) e- -_C:\jort , et, t1 K.':.. ) L.-, ,,L- r (e-L. ZQ 6. karq rtvail a_roks 45 the / KENAI, ALASKA MEMO Village with a Past, Ci y with a Future" 1111' 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 NDUM TO: FROM: DATE: SUBJECT: Mayor Pat Porter and City Council Members Council Member Bob Molloy October 31, 2011 Ordinance No. 2586 -2011 (Amending Official Kenai Zoning Map By Rezoning Tract C, Central View Subdivision) After the public hearing on proposed Ordinance No. 2586 -2011, during the Council discussion, I will ask for postponement of Council action on this ordinance. To aid in the discussion regarding the issues related to this request for postponement, the motion would be something like the following: MOVE to postpone Ordinance No. 2586 -2011 for a time period not to extend beyond the first Council Meeting in January, 2012, for an additional public hearing, with directions: #1: To the City Manager Appoint an Acting City Manager for administrative actions with respect to this ordinance, the application and related matters; #2: To the Acting City Manager: Engage an independent professional planner experienced in zoning and and use, and obtain an independent review and report from the contract planner for submission to Council; and #3: To the City Attorney: Engage an independent attorney experienced in zoning and and use law for legal advice to the contract planner and Council. the e,0, or KENAI. ALASKA SUBSTITUTE Suggested by: Council Member Marquis CITY OF KENAI ORDINANCE NO. 2587-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND ZONING COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED "APPOINTMENT TO PLANNING AND ZONING COMMISSION," REQUIRING PUBLIC ADVERTISEMENT OF NOTICE OF VACANCIES AND REQUESTS FOR APPLICATIONS, AND ESTABLISHING A NEW PROCEDURE FOR APPLICATION, NOMINATION AND CONFIRMATION OF COMMISSION MEMBERS, AND DEFINING THE TERM OF OFFICE. WHEREAS, Chapter 1.90 of the Kenai Municipal Code establishes standard procedures for all boards, commissions, and committees of the City of Kenai; and, WHEREAS, section 1.90.010 sets forth an appointment procedure for members of boards, commissions, and committees whereby the Mayor may nominate a person to serve as a member, which nomination must be confirmed by the City Council; and, WHEREAS, such responsibility of confirming nominations by the City Council should require advance notice to members of the City Council so that they may have time to properly consider the Mayor's nominee; and, WHEREAS, the procedures set forth in Chapter 1.90 do not provide for or require general public notice or advertisement before the Mayor nominates and the Council confirms an appointment to a vacancy on a board, commission, or committee; and, WHEREAS, the procedures set forth in Chapter 1.90 are general requirements only and are followed to the extent that they do not conflict with more specific requirements found in code sections pertaining to specific boards, commissions, and committees; and, WHEREAS, as established in KMC 14.05.010, the duties of the Planning and Zoning Commission (Commission) include both advisory and decision - making duties; and, WHEREAS, the Commission acts in an advisory capacity to the Kenai City Council and these advisory duties to the City Council include making recommendations on applications to rezone property, on proposed amendments to the Kenai Zoning Code, on proposed amendments to City of Kenai Comprehensive Plan, on City and airport land lease or sale petitions, on amendments to the Official City of Kenai Zoning Map, and on other matters under Title 14 or referred to the Commission by the City Council; and, WHEREAS, the Commission acts in an advisory capacity to the Kenai Peninsula Borough Planning Commission and these advisory duties to the Borough's Planning Commission include making recommendations regarding subdivision plat proposals, rights -of -way and easement vacation petitions, and City of Kenai Comprehensive Plan amendments; and, WHEREAS, with respect to its decision - making duties, the Commission acts as a quasi - judicial body, conducting public hearings and making decisions on property owners' and lessees' applications and requests for variance permits, conditional use permits, home occupation permits, planned unit residential development permits, and on other matters requiring consideration under the Kenai Zoning Code, all matters that have important consequences to owners and lessees of private property; and, WHEREAS, the importance of the work of the Commission and its members, and the dedication of time required of the members to perform their duties, is recognized in the City's Code, including KMC 1.85.070(a) defining "municipal officer" to include members of the Planning and Zoning Commission, KMC 1.85.010(b) - (c) requiring Commission members to file initial and annual financial disclosure statements, and KMC 14.05.010(d) authorizing compensation of members of $100 per month for their work, all requirements and benefits not imposed or conferred upon members of other City boards, commissions, or committees except the City Council; and, WHEREAS, the Kenai City Council met in a work session on May 10, 2011, to discuss possible amendments to cornmissionicornmittee appointments and public notification of vacancies on commissions and committees; and, WHEREAS, it is in the best interest of the City of Kenai for the City Council to adopt additional processes and procedures unique to the Planning and Zoning Commission for the filling of vacancies on that Commission. 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 Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section 14.05.015, Appointment to Planning and Zoning Commission, to read as follows: 14.05.015 Appointment to Planning and Zoning Commission. a. Public notice; application. (1) Whenever a term of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy and request for applications, along with the deadline for filing an application. The application deadline shall be by the end of the day preceding the deadline, following a minimum application period of five (5) days, the Council observes for timely submissions to the City Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and procedures of the Council) for the meeting at which the nomination for appointment is on the Council agenda. (2) The Clerk shall advertise the notice at least once by publication in a newspaper of general circulation, by posting on the City's website, and by posting in at least three (3) other public places in the City, one of which shall be the official bulletin board of the City at City Hall. L3) An applicant shall file with the City Clerk a completed application for appointment to the Commission on a form provided by the Clerk. All applications filed by the advertised deadline. along with any applications previously filed in the 90 days prior or January 1st of the current year, whichever is longer, to the advertised deadline, shall be placed in the Council packet for the meetings where the nomination is made and where the confirmation of appointment for any vacancy is considered. b. Nomination Procedure. Consideration shall be given to the qualifications and merits of each applicant. The Mayor shall make nominations only from the list of persons who timely submitted an application as provided in subsection (a)(3). If no applications are received, or if the Mayor chooses not to nominate any of the filed applications, the application period shall be re- opened. The Mayor shall cause his or her nomination to be known by indicating such as part of the Council meeting packet. c. Confirmation by Council. The Kenai City Council shall review the Mayor's nomination, at which time the Council shall discuss the Mayor's nomination and confirm or deny the appointment by roll -call vote, or unanimous consent if so requested and seconded. d. Term of Office. Members of the Planning and Zoning Commission shall be appointed for a term of three years. Terms shall end on December 31 of the third year. In the event a seat has six (6) months or less remaining to the unexpired term, the Council, at its discretion, may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directiy involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: November 2 2011 Adopted: November 2, 2011 Effective: December 2, 2011 Ryan Marquis __222-398-8o 8 ran rnar orkenai com To: Mayor Porter Council Members Bookey, Boyle, Gabriel, Molloy, and Navarre From: Council Member Ryan Marquis Date: 31 October 2011 Subject: ORDINANCE NO. 2587 -2011 Upon reviewing Ordinance 2587-2011 and its proposed substitute, I'm providing an additional substitute. For the sake of clarity, I offer these amendments in the form of a substitute in advance and in writing, as well as an explanation as to how it would change the original ordinance. Amendment #1.: Changed (a) Public Notice; application., subsection 1, changes are made to the second sentence. Purpose: This would establish an application deadline to one day prior to the packet deadline, so long as a minimum of five day following advertisement has elapsed, providing the Mayor with one day to review applications and select a nominee. Amendment #2: Under (a) Public Notice; application., subsection 2, changes are made to the first sentence. Purpose: I believe purchasing four advertisements over two weeks is excessive in both time and cost. This would lower the advertisement requirement to at least once. Amendment #.1: Under (a) Public Notice; application., subsection 3, changes are made to the second sentence. Purpose: This would expand the amount of time that applications on file prior to a vacancy could be considered for nomination for appointment. Amendment #4: Under (b) Nomination Procedure, changes are made to the last sentence. Purpose: This accomplishes two things: first, it automatically re -opens the application period for nomination /confirmation; secondly, it requires that the Mayor indicate whom he or she intends to nominate to the vacancy. This could be accomplished by a memo from the Clerk per the Mayor's direction, or by the Mayor himself /herself. Amendment #5: Under (c) Confirmation by Council, the single sentence is changed. Purpose: This change allows nomination and confirmation of Commission members to occur at the same meeting. A previous change in my substitute from the original requires the Mayor to indicate whom she intends to nominate in the meeting packet. This reduces the amount of time to fill a vacancy by two weeks, but still provides Council with multiple days to do whatever they feel is necessary to make a decision on whether they will confirm or deny the Mayor's nomination. I believe this substitute helps address many of the concerns Council has identified in the past, while shortening the amount of "mandatory" time the Planning and Zoning Commission will have a vacancy. KENAI, U Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2588 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,000 IN THE CEMETERY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, needed improvements at the City Cemetery include replacement or installation of burial plot corners, redesigning of burial plot layouts, coordination of surface and subsurface survey data, and site preparation and foundation construction for a columbarium; and, WHEREAS, $30,000 was appropriated in FYI to begin these improvements and as part of the FY12 Budget an additional $50,000 was transferred from the General Fund now requiring appropriating in order for these funds to be available to the project; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Cemetery Improvements Capitol Project Fund Increase Estimated Revenues: Transfer from General Fund Increase Appropriations: Professional Services $50,000 $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 31 PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 "Villa.? with a Past, C. with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council ikFROM`. Rick Koch DATE: October 27, 2011 SUBJECT: Ordinance 2588 -2011, increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery improvements Capital Project Fund The purpose of this correspondence is to submit for your action, and recommend approval of the above referenced ordinance. The scope of the project is to establish plot corners, provide required survey, establish control, coordinate new and existing surface and subsurface data, and construct the foundation for a columbarium. The project and budget was approved in the FY11 budget. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 1992 the dty u( KENAI, ALASKA Suggested. by: Administration CITY OF KENAI ORDINANCE NO. 2589 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,750,000 IN THE KENAI BLUFF STABILIZATION CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $1,750,000 for its Kenai River Bluff Erosion Project; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai Bluff Stabilization Capital Project Fund Increase Estimated Revenues: State Grant $1,750,000 Increase Appropriations: Construction $1,750,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Lorene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 . New Text Underlined• !DELETED TEXT BRACKETED] 33 KENAI, ALASKA "Village with a Past, Gity with a Fisturefl MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 11111.! 1992 TO: City Council FROM: Rick Koch DATE: October 27, 2011 SUBJECT: Ordinance 2589 -2011, Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund The purpose of this correspondence is to submit for your action, and recommend approval of the above referenced ordinance. This ordinance will appropriate $1,750,000 from a State Grant to the Bluff Stabilization Project, This appropriation increases the total State participation to $4,000,000. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 34 "r 1(E AA SIIA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2590 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $200,000 IN THE CITY HALL IMPROVEMENTS CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $200,000 for Kenai City Hall Heating, Ventilation and Air Conditioning Improvements; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated. revenues and appropriations be increased as follows: City Hall Improvements Capital Project Fund Increase Estimated Revenues: State Grant $200,000 Increase Appropriations: Construction $200,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 New Text Underlined. [DELETED TEXT BRACKETED 35 "Village with a Past, Gi with a Future" VIH;VIO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch DATE: October 27, 2011 SUBJECT: Ordinance 2590 -2011, Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund The purpose of this correspondence is to submit for your action, and recommend approval of the above referenced ordinance. This ordinance will appropriate $200,000 from a State Grant for improvements to the Kenai City Hall. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2591 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $761,650 IN THE KENAI INDUSTRIAL PARK CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $761,650 for Kenai Industrial Park Development; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY Ti-iE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai Industrial Park Capital Project Fund Increase Estimated Revenues: State Grant $761,650 Increase Appropriations: Construction $761,650 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 1✓ PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 New Text Underlined• [DELETED TEXT BRACKETED) 37 Village with a Past, Gi with a Fixture" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch DATE: October 27, 2011 SUBJECT: Ordinance 2591 -2011, increasing Estimated Revenues_ and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund The purpose of this correspondence is to submit for your action, and recommend approval of the above referenced ordinance. This ordinance will appropriate $761,650 from a State Grant for construction of the Kenai Industrial Park located along marathon Road in proximity to the Kenai Municipal Airport. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. trail 'III %1 1992 "'ti' ( i` CITY OF KENAI It ALASKA ORDINANCE NO. 2592 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $100,000 IN THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $100,000 for repairs to the Kenai Spur Highway pedestrian pathway; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Municipal Roadway Improvements Capital Fund Increase Estimated Revenues: State Grant $100,000 Increase Appropriations: Construction $100,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: f- 4 PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 New Text Underlined- DELETED TEXT BRACKETED] 39 KENAII ALASKA Village with a Past, Gi with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 I� Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 l I I I MEMO: TO: FROM: DATE: SUBJECT: City Council Rick Koch October 27, 2011 Ordinance 2592 -2011, increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Project Fund The purpose of this correspondence is to submit for your action, and recommend approval of the above referenced ordinance. This ordinance will appropriate $100,000 from a State Grant for construction of improvements and repairs to the pedestrian pathways along the Kenai Spur Highway. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 1992 he dy Of K AL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2593 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 IN THE GENERAL FUND FOR LIBRARY TRAVEL AND TRANSPORTATION. WHEREAS, the City of Kenai has received the Alaska State Library; and, 1,000 Continuing Education Grant from WHEREAS, the City of Kenai has received $1,500 from the State of Alaska Dept. of Education Early Development - Division of Libraries, Archives and Museums for attendance at the Public Libraries Association (PLA) Conference to be held in Philadelphia; and, WHEREAS, these funds are to pay for staff continuing professional education; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library - State Grants $2,500 Increase Appropriations: Library - Travel & Transportation $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 New Text Underlined; [DELETED TEXT BRACKETED) 41 Mc city o f KENAI. ALA SKA "fr !iaye with a Past, Gi with a Fatire" �_t HILL! 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: October 10, 2011 SUBJECT: Conference Grants The Alaska State Library provides travel funds each year for staff members (with the exception of library director's of DirLead Libraries, which we are) to attend a continuing education workshop or conference. This year they have revamped their program so that each library may apply for two grants, one for $1,000 for a staff member to attend a conference in state and the other for $1.,500 for a staff member to attend a conference out - of- state. These funds can be spent on travel, lodging, per diem and registration expenses. This year those funds have been awarded so that Jessica Bookey may attend the Alaska Library Association Conference which will be held in Fairbanks in February 2012 and Mary White will attend the Public Library Association Conference in Philadelphia in March 2012. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2594 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE SENIOR CITIZEN FUND FOR A DONATION RECEIVED FROM MARATHON OIL. WHEREAS, the City of Kenai received a $5,000 donation from Marathon Oil for the Annual Peninsula Wide Senior Thanksgiving Dinner; and, WHEREAS, the donation is to be used for the purchase of food, decorations, door prizes, cups, baskets, pitchers and napkins for this event. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Citizen Fund Increase Estimated Revenues: Donations $5,000 Increase Appropriations: Congregate Meals - Operating Supplies $2,500 Home Meals - Operating Supplies $2,500 $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 7 PAT PORTER, MAYOR 43 Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENAI MEMORANDUM TO: Terry Eubank FROM: Rachael Craig, Senior Center Director DATE: October 11, 2011 . REFERENCE: NCE: Marathon Donation Marathon Oil has donated $5,000.00 for the Annual Senior Peninsula. Wide Senior Thanksgiving Dinner. This is the second year they have provided funding and volunteers for this event. This is an area -wide senior tradition that began in 1976. The Homemakers Club providing and serving dinner to the seniors. From there it grew and Unocal OH took over the event which was held at the Elks Club. In 2001, when 1 started my employment with the City, Agrium had been providing the event for a few years. They continued sponsoring with the event until 2008 when they closed their plant. Last year, Marathon Oil approached me and asked if their company could donate the funding for the meal. The senior center chef prepared the meal and Marathon Oil volunteers set up and served dinner. We added a volunteer outreach opportunity with. Marathon Volunteers assisting in the delivery of home meals to home -hound clients. Last year was very successful. This year, Marathon Oil has donated $5,000 to pay for the food, floral decorations, door prizes, cups, bread baskets, water pitchers, and napkins. At this time, the breakdown is as follows: Food Services: 51,291.00 Country Foods: 51,100.00 Three Bears: $ 500.00 Staples: $1,600.00 Safeway: $ 509.00 Total 55,000.00 361 SENIOR COURT • KENAI, ALASKA 9961 1 TELEPHONE: (907) 283-4156 • FAX: (907) 263.3200 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2595 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $37,470 IN THE KENAI COMPREHENSIVE PLAN PROJECT FUND, WHEREAS, the City is in the process of updating its Comprehensive Plan; and, WHEREAS, planned increases to the scope of the project include a scientific public information poll and additional public meetings; and, WHEREAS, sufficient funds have been transferred to the Comprehensive Plan Project Fund, $17,470 in additional State of Alaska Municipal Revenue Sharing and $20,000 previously transferred for an Old Town Kenai Development Plan, to accommodate the expanded project scope; and, WHEREAS, with uncertainty regarding development in Old Town Kenai as a result of the pending development of a Kenaitze Indian Tribe Health Care Facility, expending funds on a development plan would be untimely and those funds could be better spent completing the City's Comprehensive Plan which will include a review of land uses in Old Town Kenai; and, WHEREAS, adequate funding for completion of an update to the City's Comprehensive Plan is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Kenai Comprehensive Plan Project Fund Increase Estimated Revenues: Appropriation of Fund Balance $20,000 Transfer from Other Funds 17,470 $37.470 Increase Appropriations: Professional Services $37.470 New Text Underlined' [DELETED TEXT BRACKETED) 45 Ordinance No. 2595 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Lorene Hall, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 New Text Underlined' [DELETED TEXT BRACKETED] 46 KENAI, ALASKA sCY "K Jaye with a Past, Gitey with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111? p 1992 MFtMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration- DATE: October 11, 2011 SUBJECT: Comprehensive Plan Project Funding This memo is to support appropriation of additional funding to the Comprehensive Plan project. The Comprehensive Plan was funded through a $50,000 grant from the Kenai Peninsula Borough which was matched with $50,000 from the City. The City also provided an additional $7,500 toward the costs for the Town Hall Meeting and collaborative decision training. It is anticipated that this funding will not be sufficient to complete the project as proposed by administration and the consultants. Funds have been encumbered to consultants in the amount of $85,200 ($75,000 to Glenn Gray & Associates & $10,200 to Alaska Map Co.) for the project. Additional public meetings are planned which will increase these fees. in addition to these expenses, there will be ongoing expenses for public meetings including advertising, meeting supplies, mailings, etc. Funds from the project will also be used to print and distribute the draft and final plans. The Town Hall Meeting and training held last year was funded in part by the Comprehensive Plan project. I did not anticipate this expense when projecting costs for the project. In addition, administration would like to engage a firm to conduct a scientific survey for those citizens who may not be reached through the public meeting process. This survey was not included in the original estimate. Ordinance No. 2581 -2011 appropriated $17,470 from State of Alaska revenue sharing to Non - departmental — Transfer to Other Funds to provide additional funding for the Comprehensive Plan Project. This ordinance will appropriate these funds to the Comprehensive Plan project. In FY2011, $20,000 was budgeted for the Comprehensive Plan, Old Town Kenai Development Plan. These funds are not sufficient to produce a development plan. A 47 Comprehensive Plan Project Funding Page 2 large development is being planned by the Kenaitze Indian Tribe which will be located in the Townsite Historic Zone. The proposed development, Dena'ina Health and Wellness Clinic, will have a sweeping impact on the zone. The Comprehensive Plan will review land use in the area, the proposed development, and make recommendations to guide future development in the area. Using the funds to support the costs of the Comprehensive Plan is appropriate and needed. The proposed budget for the Plan with anticipated increased costs: Revenues: Kenai Peninsula Borough Grant $50,000.00 City of Kenai $94,970.00 Total Revenue $144,970,00 Expenditures: Glaser & Associates, Inc. 15,100.75 Glenn Gray & Associates 85,000.00 Alaska Map Co. 12,500.00 Scientific Citizen Poll 7,500.00 Public Meetings 7,500.00 Administration (Printing /Binding, Office Supplies, Etc.) 5,000.00 Contingency 12,369.25 Total Expenditures $144,970.00 Appropriating these budgeted funds to the Comprehensive Plan Fund will allow sufficient funds to complete the project. At the completion of the project, any excess funds can be transferred to the general fund or utilized for a future development plan in Old Town Kenai once the current uncertainty of the area is known. 48 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2596 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $100 IN THE AIRPORT FUND AND BY $4,000 IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE FINAL ENGINEERING AND DESIGN OF THE AIRPORT APRON PAVEMENT REHABILITATION. WHEREAS, the FAA has approved funding for additional work to be included in the Apron Improvement Project; and, WHEREAS, the estimated cost of the additional work is $4,000; and, WHEREAS, the FAA will fund 95 %, the State of Alaska will fund 2.5 %, and the Airport Fund will provide 2.5 %. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $100 Increase Appropriations: Transfer to Capital Project Fund $100 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund $100 Federal Grants $3,800 State Grants S 100 Increase Appropriations Engineering $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City C Approved by Finance: 49 PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: November 2, 2011 Effective: November 2, 2011 Memo C[ £.ntthe/GPEc ZEY Kenai/ Peninakt%' 305 N. WILLOW Sr. SUITE 200 IENAI, ALASKA 99611 TELEPHONE 907- 2837951 FAX 907. 2833737 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Manager Date: August 10, 2011 Subject: Ordinance No. 2596 -2011 The above ordinance is necessary to cover the professional services performed by the Airport consultants, Wince- Corthell- Bryson, on the Apron Rehabilitation Project and costs associated with the close out process. The FAA has reviewed and approved the revised engineering budget for the Apron Rehabilitation Project. Attachment www.ci.kenai.ak.us. 50 of / CITY OF KENAI HEN ALMA SHA U RESOLUTION NO. 2011 -72 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY12 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA, WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY12 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2010 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Commmunity and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may he used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY12 funding available within Cook Inlet Fisheries Management Area in agreement with all other municipalities in this area participating in the FY12 Shared Fisheries Business Tax Program NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2010 of fisheries business activity in. Cook Inlet Fisheries Management Area. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of November, 2011. A i'I'EST: Corene Hall, Deputy City Clerk Approved by Finance:. PAT PORTER, MAYOR 51 KENAI, A KA Rick Koch, City Manager om: Terry Eubank, Finance Director Date: October 27, 2011 Villa e with a Past, Gciy with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 Re: Resolution 2011 -72 A resolution selecting an alternate allocation method for Share Fisheries Business Tax. The City receives revenue from the State of Alaska for fish tax collected' by the State in two different methods. The Department of Revenue (DOR) distributes "Raw Fish Tax ", fisheries 'business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77.60. The City's FY2012 share was $276,547and was based upon 2010 collections by the DOR. The second method the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED). ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute through a program know as the Shared Fisheries Business Tax Program. For the Cook Inlet Fisheries Management Area, which the City is apart of, the amount to be distributed this fiscal year totals $83,537. Eight communities will receive a portion of that amount. There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must show the impact to their local community of the fishing industry. Once impact is shown half of the total amount to be distributed ($41,768 for FY2012) is divided equally amongst the communities and the remaining half is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution. like 2011 -72 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook htlet Fisheries Management Area includes and equal distribution of one half the total ($41,768 for FY2012) and the remaining half is distributed based upon population of the community. The eight communities in the Cook Inlet Fisheries Management Area are Anchorage, Horner, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, and Soldotna. 1 estimate Kenai will receive a total of $6,056 under the alternate allocation method for FY2012. 52 thc city o1 KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2011 -73 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO UNIVAR USA, INC. FOR MISCELLANEOUS CHEMICALS - OCTOBER 2011. WHEREAS, the following bids were received on October 26, 2011: ;and, WHEREAS, Univar USA, Inc.'s bid meets the bid specifications; and, WHEREAS, the term of this contract is November 3, 2011 to November 30, 2012 wit two one -year mutual options to extend; and, WHEREAS, estimated annual expenditures under this contract are expected to be $64,560.00 prior to Water Treatment Facility Operation and 5225,180.40 during Water Treatment Facility Operation; and, WHEREAS, the recommendation from the City Administration is to award the bid to Univar USA, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Univar USA, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. 53 Wastewater Treatment Plant Water De.arment 38 to 40% 12.5% Standard Sodium Sodium Rydxated Bisulfate Rypochlortte Lime $ /bag $ /Drum $ / Drum 12.5% Sodium Hypochlorite $(drum 2.5% Sodium Hypochlorite $ /tote Polyaluminu Polymer m Chloride $ /drum (FACI1 $ /gal Refundable drum /tote • deposit Brenntag Paoli c Inc $421.72 $260.28 ; $45.00 $260.28 51,590,00 $10.64 $2 948.40 $800.00 Univar USA Inc $240,00 $189.00 $20.00 $189.00 31,134.00 310.31 $3,684,65 $250.00 Prior to Water Treatment Facility Operation Drums Drums Bags Drums TOTAL Estimated Annual Use 40 120 480 120 Estimated Annual Cost Brenntag 316 868.80 331 233.60 821 600.00 331,233.60 $100,936.00 Estimated Annual Cost Univar 39,600.00 $22.680.00 39.600.00 322.680.00 $64,560.00 During Water Treatment Facility Operation Drums Drums Bags Totes Gallons Drums TOTAL Estimated Annual Use 40 120 480 20 12720 8 Estimated Annual Cost Brenntag 316,868.80 $31,233.60 821.600.00 831,800.00 $135,340.80 $23,587.20 3260,430.40 Estimated Annual Cost Univar 89,600.00 322;683.00 89,600.00 822,680,00 3131,143.20 329,477.20 $225180.40 ;and, WHEREAS, Univar USA, Inc.'s bid meets the bid specifications; and, WHEREAS, the term of this contract is November 3, 2011 to November 30, 2012 wit two one -year mutual options to extend; and, WHEREAS, estimated annual expenditures under this contract are expected to be $64,560.00 prior to Water Treatment Facility Operation and 5225,180.40 during Water Treatment Facility Operation; and, WHEREAS, the recommendation from the City Administration is to award the bid to Univar USA, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Univar USA, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. 53 Resolution No. 2011 -73 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Miscellaneous Chemicals - October 2011 be awarded to Univar USA, Inc. PASSED BY THE COUNCIL OF THE CITY OF K AI, ALASKA, this second day of November, 2011. ATTEST: Corene Hall, Deputy City C1 k Approved by Finance: 7' 54 PAT PORTER, MAYOR Eke city of KENL ALASKA TO: FROM: "Viilaye with a Past, Gip/ with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 III't 1992 MEMO \DUM Rick Koch, City Manager Seapdemeyer, Public Works Director DATE: October 27, 2011 SUBJECT: Miscellaneous Chemicals Bid 2011 - Resolution No. 2011 -73 Rick, On October 26, 2011, the City opened two sealed bids at 2:00prn regarding the Miscellaneous Chemicals Bid 2011. This bid is to furnish and deliver Sodium Bisulfate 38% to 40%, Sodium Hypochlorite 12.5 %, and Standard Hydrated Lime, Polyaluminum Chloride, and Polymer to our Wastewater Treatment Plant, Water and Sewer Department and our new•Water Treatment Facility. The estimated annual usage of the chemicals was provided in the bid documents. The two sealed bids were: I recommend that Univar USA, Inc be awarded the contract as a result of this bid. 55 Wastewater Treatment Plant Water Department 38 to 40% Sodium Bisulfite 5 /Drum 12.5% Sodium Hypochlorite 5 /Drum Standard Hydrated Lime S /bag 12.5% Sodium Hypochlorite $/drum 12.5% Sodium Hypochlorit e 5 /tote Polyaluminum Chloride (PACI) $lgal Polymer 5 /drum Refundable drum/tote deposit Brenntag Pacific, Inc $421.72 5250.28 545.00 5260.28 $1,590.00 510.64 52,948.40 5800.00 Univar USA, Inc $240.00 5169.00 $20.00 5189.00 51,134.00 510.31 53,68465 $250.00 Prior to Water Treatment Facility Operation Drums _ Drums Bags Drums TOTAL Estimated Annual Use 40 120 480 120 Estimated Annual Cost Brenntag 516,868.80 $31,233.60 521,600.00 $31,233.60 5100,936.00 Estimated Annual Cost Univar 59,600,00 522,680.00 59,600,00 522,680.00 $64.560.00 During Water Treatment Facility Operation Drums Drums Bags Totes Gallons Drums TOTAL Estimated Annual Use 40 120 480 20 • 12720 8 Estimated Annual Cost Brenntag 516,868.80 531,233.60 521,600.00 531,800.00 5135,340.80 523,587.20 5260,430.40 Estimated Annual Cost Univar 59,600.00 522,680.00 $9,600.00 522,680.00 $131,143.20 529,477.20 5225 180 40 I recommend that Univar USA, Inc be awarded the contract as a result of this bid. 55 Suggested by: Adminis CITY OF KENAI RESOLUTION NO. 2011 -74 anon A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LISTS FOR STATE AND FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2013. WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legislative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements Program adoption on November 2, 2011; and, WHEREAS, if unforeseen circumstances occur, the City Council authorizes the City Manager to modify as necessary the City of Kenai's Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013, and that any modification will be brought before Council for approval at the next regularly scheduled Council meeting NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, adopts the attached City of Kenai capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk 56 PAT PORTER, MAYOR CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE FUNDING REQUESTS FOR SFY 2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING $ 1,000,000.00 NOTESTCOMMENTS Administration recommends that a project of this type be perpetually included in capital project requests to the State of Alaska. Paving & Improvements to City Streets The City of Kenai maintains approximately 20 miles of gravel surfaced roadways within it's municipal boundaries. The cost of maintenance of gravel roadways is high, dust from gravel roadways is a health issue for the elderly Si young. 2 New Water Transmission Mains (Phase IV) Construct approximately 6,000 lineal feet of 16" Water Transmission main along Beaver loop from Togiak Street to Angler Drive. Private wells in the area to be served by the new water transmission main have been found to prioduce water with arsenic levels up to 200 ppb, or 20 times the EPA water quality limits. $ 1,878,800.00 A grant application for this project has been submitted under the State of Alaska, Department of Environmental Conservation (ADEC) Municipal Matching Grant Program (MMG). We have recxeived the scoring and this project and may havescored well enough to be included in the Governors SFY 2013 capital budget. The City Council passed Resolution No. 2011 -65 identifying this project as the number one ADEC MMG priority. Construct New City Light/Heavy Equipment Maintenance Shop This project would construct a 20,000 sf maintenance shop to replace the existing shop. The exsiting shop is a collection of buildings and conex's that lacks the room to perform maintenance on the City's equipment fleet, and also lacks engineered ventilation systems as well as other improvements found In designed facilities. $ 3,500,000.00 Shop facilities to support operations and maintenance activities are always difficult projects to move forward. The present facility was never designed to facilitate the support manitenance activities which are being accomplished. There may be an opportunity for Federal participation, specifically FAA funding in an amount comensurate with Airport use of the facility. 4 Kenai Central High School Football/Soccer Field Synthetic Turf Replace the existing neutral turf football /soccer field with a synthetic turf surface. $1,900,000 The Governor /Legislature has provided funding for the construction of one (1) synthetic turf football /soccer each year The majority of the football/soccer fields in Anchorage and the mat -Su Valley have already been constructed. This project is supported by individuals that have been active in getting the Anchorage /Mat -Su fields improved. This project would allow Kenai to host the small and medium High School Football Championships as well as Soccer Championships. g Kenai Industrial Park Construction Phase II This project would construct watertsewedeleotical/telecommunications /natural gas utilities to the second phase of the Kenai Industrial Park (up to 20 lots, +1- 25 acres) $ 500,000.00 This fully develops the Kenai Industrial Park. The legislature may be seeking economic development projects this year. Page 1 of 4 Prepared by: R. Koch cn 00 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE FUNDING REQUESTS FOR SFY 2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION This project would construct three Fish Cleaning/Waste Transfer & EnforcementlData Collection Stations. The three stations would be located at the North Beach, South Beach, and City Boat Launch. REQUIRED FUNDING $ 300000.00 NOTES /COMMENTS In a recent candidates forum Governor Parnell stated that his administration is willing to invest State resources to mitigate the imact of the personal use fishery on the City of Kenai and the Kenai Peninsula. 6 Capital Improvements to Support State Personal Use Fishery 7 City of Kenai Wastewater Treatment Plant Upgrades & Renovations This project would construct improvements to the City of Kenats WWTP which would increase volume, decrease operating expenses and increase the quality of the effluent. $ 1 ,800,000_00 This is the first phase of a three phase project to constntct improvements to the WWTP ans identified in the WWTP Master Plan prepared by CH2MHill in 2003. Page 2 of 4 Prepared by: R. Koch CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE FUNDING REQUESTS FOR SFY 2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTESICOMMENTS HER PROJECTS WHICH WERE CONSIDERED Page 3 of 4 Prepared by: R. Koch Mommsen Subdivision, First Street Re- Construction This project would re- construct First Street from California Avenue to Florida Avenue, This roadway exhibits differential $ 360600.00 Administration believes Chios project would best be funded from a State /Federal appropriation(s) such as priority #3, above. movement of the curb & gutter and asphalt. Further the asphalt has and is failing. Central Heights Roadways, Street 1. Replace the existing asphalt surfaced roadways and install $ 1,500,000.00 The cost estimate for specific components of this project is Lighting System new base material as needed 2. Install curb & gutter and a included ijn the attached information. The most practical Reconstruction /Replacement & Construction of a Storm water System piped storm water collection system 3. Construct sidewalks project is probably to replace the lighting and asphalt (est. cost $332,000). A storm water system is challenging as the subdivision was not originally designed taking into account surface /piped drainage. Curb & gutter is very expensive and it's Installation would mandate the construction of a storm water drainange system. New Fire Engine This new fire engine would replace an existing 26 year old fire engine. Our 1982 fire engine is the oldest equipment presently in use at the Fire Department, and was one of the last years in which "open jump seat" fire engines were allowed by code. The old engine has reached the end of it's useful life and should be replaced. $ 500,000.00 City of Kenai Indoor Turf Field Facility This project would construct a 100'x200' indoor turf field, possibly as an addition to the existing Kenai Multi- Purpose Facility. The facility would be used by area schools, pre - schools, soccer and other organizations. $ 3,500,000.00 This project has been discussed by the parks & Recreation Commission and it is my understanding they wish to continue discussion on the subject. This project Is certainly worthy of discussion but significant work needs to be accomplished to determine its feasibility. Page 3 of 4 Prepared by: R. Koch 0' 0 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR STATE FUNDING REQUESTS FOR SFY2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTESICOMMENTS lower Kenai River Drift Boat Pull -Out Project would provide lower river access point for pull -out of drift boats only. Unknown $ 3,000,000.00 $ 30,000,000.00 ADNR is accomplishing a "Needs Assessment Study' scheduled to be finished in 2011. It's doubtful any funding would be available for this project in advance of the completion of the study, and that Slate /federal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facility. This project has ranked high on the 2010 -2013 STIP and funding isproposed in SFY 2011 for conceptual design, and ROW acquisition. This project has not ranked high on the 2010 -2013 STIP. A predocessor project, the improvement of five intersections of this roadway has ranked well on the STIP and funding for conceptual study & ROW acuisition is proposed to begin in SFY 2011. The full five -lane project will not be considered for funding until the intersection project Is through design, or possibly during construction. Kenai Spur Highway - Upgrade Flve Intersections This project is proposed to provide safety improvements to Beaver Loop, Thompson Park, Strawberry Road, Silver Salmon, and TBD to include turn lanes and lighting. Traffic accidents at these Intersections usually involve at least one vehicle traveling at a high rate of speed, and are of significant severity. Conflicting traffic pattems (through traffic vs businesstresidentlal traffic) and increased traffic counts have increased the number and severity of accidents between Kenai & Soldotna. Planned commercial developments will significantly increase traffic in the near future Kenai Spdr Highway- Upgrade to Five Lane configuration Between Soldotna and Kenai New Soccer Fields Irrigation Project would design and install irrigation system for four soccer fields $ 250,000.00 Bridge Access Road, Pedestrian Pathway This project would construct a pedestrian pathway from the Kenai Spur Highway to Kalifomsky Beach Road along Bridge Access Road. This area is heavily traveled by pedestrians, sight seer's, bicyclists, etc. This project is approximately 2 miles long and would complete the 24 mile Unity Trail that connects Kenai and Soldotna, along both the Spur Highway and Kalifornsky Beach Road. This project would construct a six -bay vehicle storage facility at the City maintenance yard. At present the vehicles are stored outside the center. During the winter this results in vehicles running to maintain heat for trips for the senior clients, and also results in increased mechanical difficulties. $ 2,000,000.00 • $ 400,000.00 I am not are of any sources of funding that are available for this project, and several regulatory agencies (EPA, USDF &W) have expressed significant opposition to the project. Vehicle Storage Facility for Kenai Senior Center Vehicles Page 4 of 4 Prepared by: R. Koch 01 ha CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR FEDERAL FUNDING REQUESTS FOR FFY 2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTES(COMMENTS 1 Kenai River Bluff Erosion/Stabilization Approximately one -mile of the bluff along the Kenai River is exhibiting substantial erosion. Several hundred feet of the original townsite have been lost over the last century. The U.S. Corp of Engineers estimates the rate of erosion to be 3 feet per year. Over the next 50 years, in excess of $ 50 million (in 2006 dollars) of property and improvements will be lost, without the construction of stabilization improvements. The total cost estimate for the project is $ 20 million. Approximately $ 1.5 million has been spent to date on preliminary engineering & studies. Kenai voters approved a $ 2 million bond sale at the October 2007 election. Recently the Kenai Peninsula Borough Assembly passed a resolution to provide the quarry rock for the project at no cost. The value of the rock is estimated at $ 4.8 million. Total funding in -hand and in -kind is approximately $ 10.2 million. $28,000,000 The bluff erosion project has been the City of Kenai s number one Federal and State funding priority for at least the previous thrree years. Administration is requesting funding from the Governor and area Legislators. To date, funding of approximately $ 1.5 million has been appropriated by Alaska's congressional delegation, but the outlook for additional federal funding is not good. The citizens of Kenai approved a G.O. bond proposition in the amount of $ 2,000,000 in 2007. Given the State of Alaska's present financial condition the opportunity to recieve funding is as good as it has been in some years. 2 Construct New City Light/Heavy Equipment Maintenance Shop This project would construct a 20,000 sf maintenance shop to replace the existing shop. The exciting shop is a collection of buildings and conex's that lacks the room to perform maintenance on the City's equipment fleet, and also lacks engineered ventilation systems as well as other improvements found in designed facilities. $ 3,500,000.00 Shop facilities to support operations and maintenance activities are always difficult projects to move forward. The present facility was never designed to facilitate the support manitenance activities which are being accomplished. There may be an opportunity for Federal participation, specifically FAA funding in an amount comensurate with Airport use of the facility. 3 Vehicle Storage Facility for Kenai Senior Center Vehicles This project would construct a six -bay vehicle storage facility at the City maintenance yard. At present the vehicles are stored outside the center. During the winter this results in vehicles running to maintain heat for trips for the senior clients, and also results in increased mechanical difficulties. $ 400,000.00 4 City of Kenai Wastewater Treatment Plant Upgrades & Renovations This project would construct improvements to the City of Kenai's WWTP which would increase volume, decrease operating expenses and increase the quality of the effluent. $ 1,800,000.00 This is the first phase of a three phase project to construct improvements to the WWTP ans identified in the WWTP Master Plan prepared by CH2MHiil in 2003. Page 1 of 3 Prepared by R. Koch CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR FEDERAL FUNDING REQUESTS FOR FFY 2013 PRIORITY NUMBER PROJECT TITLE DESCRIPTION REQUIRED FUNDING NOTES /COMMENTS 5 Bridge Access Road, Pedestrian Pathway This project would construct a pedestrian pathway from the Kenai Spur Highway to Kalifornsky Beach Road along Bridge Access Road. This area is heavily traveled by pedestrians, sight seer's, bicyclists, etc. This project is approximately 2 miles long and would complete the 24 mile Unity Trail that connects Kenai and Soldotna, along both the Spur Highway and Kalifomsky Beach Road. $ 2,000,000.00 I am not aware of any sources of funding that are available for this project, and several regulatory agencies (EPA, USDF &W) have expressed significant opposition to the project. Page 2 of 3 Prepared by R. Koch CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITES FOR FEDERAL FUNDING REQUESTS FOR FFY 2013 PRIORITY PROJECT TITLE DESCRIPTION REQUIRED NOTES /COMMENTS NUMBER Lower Kenai River Drift Boat Pull -Out Project would provide lower river access in for pull -out of drift boats only. FUNDING' ADNR is accomplishing a "Needs Assessment Study' scheduled to be finished in 2011. It's doubtful any funding would be available for this project in advance of the completion of the study, and that State /federal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facili OTHER PROJECTS WHICH WERE CONSIDERED Page 3 of 3 Prepared by: R. Koch City of Kenai Indoor Turf Field Facility This project would construct a 100'x200' indoor turf field, possibly as an addition to the existing Kenai Multi- Purpose Facility. The facility would be used by area schools, pre- schools, soccer and other organizations. $ 5,000,000.00 This project has been discussed by the parks & Recreation Commission and it is my understanding they wish to continue discussion on the subject. This project is certainly worthy of discussion bit significant work needs to be accomplished to determine its feasibility. Lower Kenai River Drift Boat Pull -Out Project would provide lower river access in for pull -out of drift boats only. Unknown ADNR is accomplishing a "Needs Assessment Study' scheduled to be finished in 2011. It's doubtful any funding would be available for this project in advance of the completion of the study, and that State /federal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facili Kenai Spur Highway - Upgrade Five This project is proposed to provide safety Improvements to $ 3,000,000.00 This project has ranked high on the 2010-2013 STIP and Intersections Beaver Loop, Thompson Park, Strawberry Road, Silver Salmon, and TBD to include turn lanes and lighting. Traffic accidents at these intersections usually involve at least one vehicle traveling at a high rate of speed, and are of significant severity. funding is proposed in SFY 2011 for conceptual design, and ROW acquisition. Kenai Spur Highway - Upgrade to Five Conflicting traffic patterns (through traffic vs $ 30,000,000.00 This project has not ranked high on the 2010 -2013 STIP. I Lane configuration Between Soldotna business /residenfal traffic) and increased traffic counts have A predecessor project, the improvement of five and Kenai increased the number and severity of accidents between Kenai & Soldotna. Planned commercial developments will significantly increase traffic in the near future intersections of this roadway has ranked well on the STIP and funding for conceptual study & ROW acuisition is proposed to begin in SFY 2011. The full five -lane project will not be considered for funding until the intersection project is through design, or possibly during construction. Page 3 of 3 Prepared by: R. Koch "Village with a Past, Ci with a Future" 111L' 1992 MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 TO: City Council FROM: Rick Koch DATE: October 27, 2011 SUBJECT: Capital improvements Program Priorities for State & Federal Funding Requests for FY 2013 The purpose of this correspondence is to submit for your review and discussion the Administration's recommendations for the above referenced subject. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. attachment AL S RESOLUTION NO. 2011 -75 CITY OF KENAI Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE OF TRACT A -2, KENAI SPUR AIRPORT LEASE PROPERTY, T 5N R 11W SECTION 5, SEWARD MERIDIAN, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, ACCORDING TO ATTACHED PRELIMINARY PLAT, WITH BUCCANEER ALASKA OPERATIONS, LLC. WHEREAS, Buccaneer Alaska Operations, LLC (Buccaneer) .submitted an application to lease airport lands located outside of the Airport Reserve identified as Tract A -2 of the preliminary plat titled Replat Tract "A" Kenai Spur Airport Lease Property; and, WHEREAS, the Planning and Zoning Commission reviewed the application at its October 26 meeting and found that the lease was in compliance with the Zoning Ordinance and the Comprehensive Plan; and, WHEREAS, KMC 21.15.160(b) states the following: The City Manager may enter into a land lease that deviates from the standard form adopted under subsection (a) of this section, if: (1) The Manager believes the action is in the best interest of the City; and (2) The lease is approved as to form by the City Attorney; and (3) The lease is approved by resolution of the City Council. WHEREAS, the City Manager believes that a deviation from the standard form is in the best interest of the City and the City Attorney has approved the attached Lease as to form; and, WHEREAS, KMC 21.15.010(b) states the following: The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise dispose of airport land outside of the Airport Reserve, including property acquired, held for, or devoted to a public use, in accordance with this chapter. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required by the City for a public purpose. ; and, WHEREAS, It is in the best interests of the City to lease Tract A -2 in order to generate revenue for the Kenai Municipal Airport. 65 Resolution No. 2011 -75 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council Authorizes the City Manager to enter into a. Lease of Tract A -2, Kenai Spur Airport Lease Property, T 5N R 11W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to Attached Preliminary Plat Marked as "Exhibit A" with Buccaneer Alaska Operations, LLC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of November, 2011. A I`1 EST: Corene Hall, Acting City Clerk 66 PAT PORTER, MAYOR KENAI, ALASKA V V1H:M0: "Village with a Past, y with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.akus MTO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager DATE: October 27, 2011 SUBJECT: Resolution No. 2011 -75 — Buccaneer Alaska Operations, LLC, Tract A -2, Replat Tract "A" Kenai Spur - Airport Lease Property Kenn Attached is a lease application and proposed lease for the referenced Airport property located outside the Airport Reserve. Buccaneer Alaska Operations, LLC (Buccaneer) wishes to lease the property in order to install a "pig catcher, metering skid with coalescing fitter and 6 inch pipeline for delivery of gas from Kenai Loop Field," The development plan calls for a 8'x20'x 8' tall pre- fabricated metal building (metering skid), enclosed on three sides, and painted to match the existing building with fencing material that matches existing fencing. A portion of the subject property is currently leased to Kenai Nikiski Pipeline, LLC (KNPL). KNPL submitted a request to amend its current lease with the City to delete a portion of the lease area to allow for Buccaneer to proceed with a lease for Tract A -2 as depicted in the attached proposed replat submitted by Buccaneer. The application to amend KNPL's lease with the City for Tract A -1 is being processed concurrent to Buccaneer's application for a new lease. Tract A -3 identified on the proposed replat is an undeveloped portion of Tract A which fronts the Kenai Spur Highway and is not requested for lease by either Buccaneer or KNPL. The Planning & Zoning Commission reviewed Buccaneer's lease application at its October 26 meeting. The Commission found that the lease was in compliance with the Zoning Ordinance and the Comprehensive Plan. At the same meeting, the Commission voted unanimously to proceed with the amendment to KNPL's lease concurrent with approval of Buccaneer's lease. 67 October 27, 2011 Resolution No. 2011 -75 - Buccaneer Alaska Operations, LLC, Tract A -2, Replat Tract "A" Kenai Spur- Airport Lease Property Page 2of2 The standard lease form used for airport leases outside the Airport Reserve was approved by Resolution No, 2007 -05, however, the attached lease was amended to raise the insurance requirement for Comprehensive General Liability from 1,000,000 to 5,000,000 in order to enhance insurance protection and includes a deviation from the rent redetermination schedule to require that the first rent redetermination occur in 2015 rather than 2017. Scheduling rent redeterminations in years ending in zero (0) or five (5) reduces the cost of administering leases. Buccaneer is current in their payments to the City and the Kenai Peninsula Borough. The City Attorney has reviewed the attached Lease of Airport Lands and approved it as to form. Should Council approve the Lease, the original would be forwarded to the Buccaneer for signature. cc: Mark Landt, Buccaneer Alaska Operations, LLC Attachments 68 CITY OF KENAI 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 (907) 283 -7535 Ext. 223 LEASE APPLICATION For Land Owside the Kenai Municipal Airport Reserve 1. Name of Applicant Buccaneer Alaska Operations, LLC 2. Businnks Name Same 3. Business Type (circle one) sole nromfetor mr.mcv hfo =yypa 44. AK Business License No. 951676 5. Mailing IAddress 952 Echo Lane, Suite 420, Houston, Texas 77024 6.Teiephbne 713 468 -1678 7. Email Address mlandt @buccaneeralaska.com 8. Kenai beninsula Borough Sales Tax No. (if applicable) 9. Land Requested: 1 atted, give legal description not platted, attach a site plan showing the proposed dimensions and location on the Airport. 10. Proposed tise of the Property (Re specific) Pig catcher, metering skid wi th coalescing filter and 6 inch pipeline for delivery of gas from Kenai Loop Field. 11. Lease Term Desired 20 years 12. If yo plan to construct improvements or otherwise develop the property: a Attach a Development Plan (see attached checklist) b Describe the building type, construction materials, size, etc. 04501029 At tached c Construction beginningdate November 2, 2011 d Construction completion date (maximum of two years) January eII Estimated total cost of the proposed development S improvements $ 14. If yod would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. 1 2012 APPLICANT'S S1GNA Tinted name: APPLICANT'S SIGNATURE: Printed name: Title: Date: Title: Paget of 3 69 CERTIFICATE OF OWNERSHIP AND ,DEDICATION I hereby certify that 1 a n Leowner of Lie reel property shown and deserted hereon and 1120 hereby adapt 1900 plan of s.ad :Evm. on* by my fmo cusses: (Meiners an riynls -o0 -nay and public areas to public use sand scent nil acsarnr_0ts to the use shorn,. Ott OF KENAI NQT_AILta ACKNOVt'S.EDCEMEHI FOR: Sabsc6Ced and sworn before me MC day of 2010. 00 Tory irEte for the Stale of COt..seus P0 AT APPROVAL This Ptal ms censored by the 001N PE "IIrS::LA O3?`J.ico PLfli0NG C:NY0*2000 of the :^ eetleg of JULY 19, KEEN PECnnS11OA BO0OUC,* by 2010. ,anted GI(clot TRACT D kU / G ,s+/ «1 X ",e 030/ \, \a. / /000: ''t ae °ty \ N eIw \ „co.-, ) A 62 01101 HS o \ ,, °fig i. \ e •q.. h A -1 / ` &' / 13.037 SF 0.30 AC / { / Y 5 / /p, / 0\ pD r ` \r'/'9�A . S \ // Aim'^ st ej Ne \/ s '' \7 D °r KN -1531 -� ' ' � \ \(xg655 / �i 1� LOT 1 \ , 20o0 5 s' A -2 15,021 SF 0.37 A0 \_\d TRACT 8 -1 KN -96016 / ♦Oal OO. SPLj A -3 15.6405F 036 AC VICINITY MAP Stole a- = 1/4 Mae NOTES 0) Water supply and sesenu disposal systems shall be penetted only in c :nicnnanae e appe tie rsEnn ..cols of In AAC 72 and 1B AAC 80 2) Na direct occaoo to em y own:wmea ROWS permaled an s apyrod by Siete al Alaska n l»n Department of .0090t0 end Paalti PONiBOS. ro 32 Qo per un .tea 0µc a 000L ba ,o0,,unlee N d oF.hm n u,t y161 Dula' 000 a *Y0 I'* 0Nty of a 0Ylty eo se the a >ement. 4) BOLDING SET BACK- A bo05fa9 set book of 25 ft. Is required from 1311 is aynt.- of -aay unless a le1ssr sten:ere Is apprayed by io Oolke of the esensurreta Penning Cereressldcn_ REPLAT TRACT A° KENAI SPUR - AIRPORT LEASE PROPERTY 6000 OF KEN 210 FlOALGC AVE. KENAI, AK 09911 LCCAACN 002 AC. AA SITUATED WE IN A PO 700* OF GOVT 1015 I AND 2, 00 Toy 5, 0512 0102 SM.. AK, AND PIE 6EN4 PENINSE.A 0000UG11 M 100E KENAI fiCC0000000 002111101 KENAI MUNICIPAL AIRPORT Lease Application for Land Outside the Kenai Municipal Airport Reserve DEVELOPMENT PLAN CHECKLIST (All items must be included before a lease application will be accepted.) A DEVELOPMENT PLAN MUST INCLUDE A DRAWING AND A NARRATIVE. 1.. Drawings must be drawn to scale, but need not be prepared by an architect or engineer. Drawings must show the following: a. The layout of the lot showing the height(s), size(s) and location(s) of all ➢ Existing buildings ➢ Proposed buildings ➢ Existing and proposed antennas, poles, and towers b. Parking facilities (location and number of spaces) N/A c. Site improvements ➢ Areas to be cleared and method of disposal ➢ Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) d. Building set backs e. Drainage plan and snow storage areas f. Traffic circulation plan (all entrances, exits and on -site access) g. Location of sign(s) — (sign permit required before installation) h, Fencing — (permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) 2. Narrative must explain how your proposed use and development of the property will conform with: a. the zoning ordinance of the City b. the comprehensive plan of the City Installation of a 8'x20'x 8' tall pre fabricated metal building (metering skid), enclosed on three sides, and painted to match the existing building with fencing material that matches existing fencing. 71 yar TRACT 8- i 1 I I i SCALE -link/ eielr&re -1 ..,.. 7 1 ii i ---------t 0. 0 "--.......„.____.,51 6,021 $00,37 AC f \ i , 1 i i k 1 i tfr i i til g .4 i I BUCCANEER METE KER NAI LOOP FACILITY PIPELINE SITE PLAN _. . il\ i g . i 1 i I i i ke ii i i ' j r i I aa114 ° 34 ' 27C.F. , - I X r i r 41111aal n . AU RE L ) j A-3 CCe i 15849 SF 036 AC i F MC( . I.. - 1 ilZ I it- 1'4 11 I i• ...I I i I pt A4 j \ i 1 ril tear SF 0.36AC tfreA. cansativ frc ,...............,,, DA tt.at ,,,,..,,,,,. mbar= . 'MjiailiainTharral .--'... 1 ...........■••■••" E.----so... connive etre. i ii. _ - - - - NOTES t PROPOSY ISCURREMIN ONE PARCEL TRACI ASEAN Stu sAIRP T MAIN STREET LOOP LEASE PROPERTV SLISONIStON 2. PROPOSED urr utes Ott SHOWN et - ------ F OR T RAC T 5 Al, A2,6 fa .-,,,.-.......... .,-, --- ..... - -., ..-.-.,_..... ""----- .,„ OF 1 LEASE OF AIRPORT LANDS (Outside the Kenai Municipal Airport Reserve) THIS AGREEMENT, entered into this day of , 2011, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, a home -rule municipal corporation of Alaska (City), and BUCCANEER ALASKA OPERATIONS, LLC individually, whose address is 952 Echo Lane, Suite 420, Houston, Texas 77024, (Lessee). That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property (the demised premises) located in the Kenai Recording District, Third Judicial District, State of Alaska: Tract A -2, Kenai Spur Airport Lease Property, T 5N R 11W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to attached preliminary plat marked as "Exhibit A" and incorporated here by reference A. PURPOSE: The purpose for which the Lease is issued is: Location of pig catcher, metering skid (3 -sided metal structure that is approximately 8' x 20' x 8' in size) with coalescing filter, and the installation of an underground. 6 -inch pipeline for delivery of gas from Kenai Loop Field to. B. TERM: The term of this Lease is for twenty (20) years, commencing on the ls` day of November, 2011, and ending on June 30, 2021. oa 313I C. RENTAL PAYMENT: Subject to the terms of General Covenant No. D.9 of this Lease, rent for the above- described land shall be payable as follows: 1. The annual rental rate shall be 8% of the fair market value (as set forth and defined in General Covenant No. D.9) of the demised premises. The rent effective November 1, 2011, shall be $7,362.10 per year, plus applicable sales tax, based on the fair market value of $92,026.31 as of the date of this Lease, and thereafter rent is subject to redetermination pursuant to General Covenant No. D.9. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds 52,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the `first day of July and on or before the first of each rnonth thereafter. Lease of Airport Lands — Page 1 of 19 73 Lessor: Lessee: 3. Rent for any period that is less than one (1) year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above, subject to General Covenant No. D.9, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) interest at the rate of eight percent (8 %) per annum and ten percent (i0 %) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: The promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's prior written consent, which will not be unreasonably denied, may assign or sublet, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee, Lease of Airport. Lands — Page 2 of 19 74 Lessor: Lessee: 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, cash, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, 210 Fidalgo Avenue, Kenai, Alaska 99611. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City, which shall be approved in writing for all permanent improvements. In addition to other improvements and requirements set forth herein, construction shall include those structures and improvements set forth in the Development Plan Check List marked as "Exhibit B" and incorporated here by reference. 8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess of five (5) years, the amount of rents or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on the percentage rate (set in C.1 above) of fair market value. No increase or decrease in the amount of rents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used ". This Fair Market Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would affect the value of the property. Rent shall be first subject to redetermination for the fiscal year beginning July 1, 2015 based upon the fair market value of the premises. At each five (5) year interval thereafter, the City will have the fair market value determined by a qualified independent appraiser. Lease of Airport Lands — Page 3 of 19 75 Lessor: Lessee: 10. LEASE UTILIZATION: Leased lands shall be utilized for purposes within the scope of the approved application (made a part of this Lease and attached hereto), the terms of the Lease, the teens of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, with Kenai Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are leased on an "as is, where is basis, 12. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, [eons. or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION AND INSURANCE: Lessee covenants to indemnify, defend, save and hold the City, its elected and appointed officials, agents and employees harmless from all actions, suits, liabilities, or damages, or liability of any nature, kind or character, including costs, expenses and attorney's fees resulting from or arising out of any acts of commission or omission by Lessee, its agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and /or Lessee, Insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. All insurance shall be by a company /corporation currently rated "A -" or better by A.M. Best. Lease of Aupon Lands — Page 4 of 19 76 Lessor: Lessee: Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. without tl company. No policy of insurance shall be cancelled or amended with respect to the City (30) days written notice by registered or certified mail to City by the insurance Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage): $5,000,000 Workmen's Compensation - As required by Alaska Statutes Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. The City may approve a self - insurance program in lieu of the insurance requirements in this section, if the City finds in its sole discretion that such self- insurance program adequately protects the City. The typical amount of insurance coverage required is subject to review and adjustment at the discretion of the City at each five (5) year renegotiation of the lease. The City may, at intervals of not less than five years from the beginning date of the term of this Lease and upon written notice to Lessee, revise the insurance requirements required under this Lease. City's determination to revise the insurance requirements will be based on the risks relative to the Lessee's operations, any insurance guidelines adopted by the City, and/or any change in applicable law. 15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary Lease of Airport Lands — Page 5 of 1.9 77 Lessor: Lessee: termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law. 16. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 17. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 18. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shalt execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. Provided, however, that Lessee shall retain title to and remove from the Premises at the Lessor's sole expense, any building, other improvement, or building equipment that the City has determined in writing to the Lessor: 1) has exceeded its useful life; 2) is damaged beyond reasonable repair; 3) is a hindrance to the future use of the Premises; and 4) is of negligible value. 19. AIRCRAFT OPERATIONS PROTEC FED: (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When the City approves plans for improvements Lease of Airport Lands — Page 6 of 19 78 Lessor: Lessee: pursuant to paragraph 7, the City to the extent of those improvements releases the easement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees f'or itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right. which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 22. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for any special services or facilities not provided for herein if requested by Lessee in writing, and if the City agrees to provide such services or facilities. 23. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 24, DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 1.8(a) of the Bankruptcy Act by the Lessee, then and in any event. the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. Lease of Airport Lands — Page 7 of 19 79 Lessor: Lessee: 25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirementsmposed pursuant to Tide 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Depart vent of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 26. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 28. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. Lease of Airport Lands — Page 8 of 19 80 Lessor: Lessee: 29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 30. NON - LIABILITY: City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states, 31. FI_NANCING:: (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased premises and in and to this Lease, provided such encumbrance pertains only to such Leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Lessee's interest in such Lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease, Lease of Airport Lands — Page 9 of 19 81 Lessor: Lessee: (b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shalt give the City before any default shall have occurred in the Lease, a written notice containing the name and post office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d) If, by reason of any default of the Lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under this Lease, (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform such conditions. (e) If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation Lease of Airport Lands — Page 10 of 19 82 Lessor: Lessee: shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 32. HAZARDOUS MATERIALS AND HAZARDOUS WASTE: City and Lessee agree that each shall comply with all applicable laws and regulations concerning hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein. Should any hazardous chemicals or hazardous materials of any kind or nature whatsoever, or hazardous wastes to be released by Lessee upon the subject lands during the term of this lease, Lessee shall immediately report such release to the City Manager or other appropriate City official and to any other agency as may be required by law, and Lessee shall, at its own cost, assess, contain and clean up such spilled materials in the most expedient manner allowable by law. City and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the indemnifying party's sole cost and expense (for'payrrient'of penalties, sanctions, forfeitures, losses, costs or damages), for responding to action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any local, state or federal statutes, regulations, or ordinances pertaining to hazardous chemicals, hazardous materials, hazardous wastes, or any environmental conditions or matters as may now or hereafter be in effect, and (ii) any environmental conditions that arise out of or are in any way related to the condition of the property or activities conducted by the party thereon, unless the environmental conditions that are caused by the other party. The indemnifications of this paragraph specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean -up, remediation, removal or restoration work required by any governmental authority. The provisions of this paragraph will survive the expiration or termination of this right to terminate this Lease upon notice to the City of Kenai. Interference is defined as anything that prohibits the uses specified in Section 3 of this lease. As used herein, "hazardous chemical" means a chemical that is a physical hazard or a health hazard. Lease of Airport Lands — Page 1 I of 19 83 Lessor: Lessee: As used herein, "hazard, material" means a material or substance, as defined in 49 C.F.R. 171.8, and any other substance determined by the federal government, the state of Alaska or City of Kenai, to pose a significant health and safety hazard. As used herein, "hazardous waste" means a hazardous waste as identified by the Environmental Protection Agency under 40 C.F.R. 261, and any other hazardous waste as defined by the federal government, the state of Alaska or City of Kenai. The covenants and obligations described in this article shall survive the termination of this lease, Notwithstanding anything to the contrary, in order to aid the Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's right hereunder nor be such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 33. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. Lease of Airport Lands — Page 12 of 19 84 Lessor: Lessee: 34. CARE OF PREMISES: Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 35. SANITATION: The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation. The premises of the lease shall be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 36. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character perforated or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 37. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi- public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 38. PROTECTION OF SUB TENANTS: To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete adornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the Lease of Airport Lands — Page 13 of 19 85 Lessor: Lessee: ground lease and all the terns of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 39. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 40. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. Lease of Airport Lands — Page 14 of 19 86 Lessor: Lessee: 41. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub- paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a C.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 42. RIGHTS OF MORTGAGEE OR LIENHOLDER: In the event of cancellation or forfeiture of a lease for cause, the holder of a. property recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 43, ENTRY AND RE- ENTRY: In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, 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 without being liable for any damages therefor. No re -entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 44. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. Lease of Airport Lands — Page 15 of 19 87 Lessor: Lessee: 45. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the pan of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 46. BUILDING AND ZONING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute default. 47. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 48. PERSONAL USE OF MATERIALS: All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 49. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 50. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose, 51. APPROVAL OF OTHER AUTHORITIF,S: The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 52. REQUEST TO PURCHASE: If the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the lessee may request the sale of said land at not less than fair market value. The current lessee obtains the right to request a sale Lease of Airport Lands — Page 16 of 19 88 Lessor: Lessee: only after, to the satisfaction of the City Manager, completed development as detailed in the development schedule that has been incorporated into the lease agreement. The decision whether or not to sell the property rests within the sole discretion of the City. 53. NOTICE OF CONSTRUCTION: Lessee agrees to notify the City in wr ting three days prior to commencing any construction project valued in excess of $1,000.00 upon the property. Lessee agrees to assist in the posting of a notice of non - responsibility and maintenance of the notice upon the property during construction. Lessee agrees that in the event of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City against any materialmen's Liens as defined in AS 34.35.050 which arise as a result of construction upon the premises. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. (If Lessee is a corporate style e ATTEST: Name Title Lease of Airport Lands — Page 17 of 19 Y) LESSOR: CITY OF KENAI By: Rick R. Koch City Manager LESSEE: BUCCANEER ALASKA OPERATIONS, LLC By: Its: 89 Lessor: Lessee: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2011, by , the of Buccaneer Alaska Operations, LLC, an Alaska limited liability company, on behalf of the limited liability company. STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2011, by Rick R. Koch, City Manager for the City of Kenai. Approved as to lease form by City Attorney: Approved by Finance Director: Lease approved by Council on Notary Public for Alaska My Commission Expires: Lease of Airport Lands - Page 18 of 19 Lessor: Lessee: 90 Corene Hall, Acting City Clerk Lease of Airport Lands — Page 19 of 19 91 Lessor: Lessee: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this _ day of , 2011, by . the of Buccaneer Alaska Operations, LLC, an Alaska limited liability company, on behalf of the limited liability company. STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT Notary Public for Alaska My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2011, by Rick R. Koch, City Manager for the City of Kenai. Approved as to lease form by City Attorney: Approved by Finance Director: Lease approved by Council on Notary Public for Alaska My Commission Expires: Lease of Airport Lands — Page 18 of 19 Lessor: Lessee: 92 Corene Hall, Acting City Clerk Lease of Airport Lands — Page 19 of 19 93 Lessor: Lessee: CERTIFICATE e9Y Dip 3.)RA111" 311 um naxnmss 00 OWNERSHIP ANb DEOtCAaot e°.wf d0 apt l P19,3)0)00'00' that eancete o- mjTa- aa me level o0 0ceene99 t0 me CAT 9F YENAI ART'S TRACT D fat $eken•Ted mtl team leenee me ITS TRACT B -1 FIAT APPRQVAI tea ATraced by the KENA1 PFNINSSA ECACJ00 PLo0 '6 1330111111011 at the maaAse 0l IM0. Alt 19. P[0IARC e / A -2 16.021 EFC37 AC BPATO£ 7Y A -1 12.031600.31/AC KN -96016 NOTES AAA). sewage e» 9irimeItF In e l90m< e ere0W. 01101A ts en eeah �aN7`ed POM9 P`-'T0 « d' 9 *o appreeed Gy State al 4eileTOTeeMent _ nipert +Non W� ^_FOC2fi"rs. 3)10* m 00 eAtelvee MW 0e 00 slrveted or placed eMnF ea easement Wel, easement ewld !a`.erte+e ettF 0 06913 20 a 0 01 to ax Vas of the orrertce pgao319 [0000:00000. p\ A-3 \%�0 S. y 6i 15At9 PPNIA3 N 1Y�yC'i,` \ °oo Kt4-1531 \y � ppp\ LOT 1 REPLAY TRACT "A" KENA/ SPUR-AIRPORT LEASE PROPERTY WWCAmzd 05. A rep ,A Ac7COA9, to 0' I I TRACT 64 I I i I I / �_ ' �.e 1 icon SP•0.9? A I I 4 1 I 6 1 6UCCANEERKENAI LOOP PIPELINE METER FACILITY SITE PLAN ___ \, ' T,L.�,_'":acct ss Yn1 1 Y' fY Dc i s+ r J {i ira vwys°_� sue .� - RI as ; co I n 15.666 $F 0]6 AC ./s' V � 1 i I I kt 1 YY 1 1 I tip I I I iU i tg II la Z° 1 n v6e 711 ` ; li A-T I IN w•.g_. ± ' . :301T SF 0.36/1:. I �-{ ._. ..___ -e oe7s Sys' cn... I`i t t•. I(/ ..._r S C. ee!§hro Lac +>'Oi.�uw i - n 1 1 / 1 4 1 W - ----_— _��- -- — —___._ — _ MAIN STREET LOOr PA. 6G0.lAp,.Cl2t iSW N6FORt mwn w to 0' BUCCANEER LEASE 96 KENAI CITY COUNCIL WORK SESSION FRIDAY, OCTOBER 14 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS NOTES ITEM 1:. CALL TO ORDER Mayor Porter called the meeting to order at approximately 6:00 p.m. Present were: Mayor Pat Porter, Ryan Marquis, Brian Gabriel, Robert Molloy, Mile Boyle, Terry Bookey, City Manager Rick Koch, Police Chief Gus Sandahl, Finance Director Terry Eubank, Parks and Recreation Director Bob Frates, Fire Department Battalion Chief Tony Prior, Deputy City Clerk Corey Hall ITEM 2: CAPITAL IMPROVEMENT PROJECT LIST Koch reviewed the FY2013 Capital Improvement Project list and general discussion. occurred. No changes were suggested. ITEM 3: 2011 DIP NET REPORT Koch reviewed the 2011 Dip Net Report, noting an increase in fights and non- compliance of permits. Courtney Stroh, ROC the Kenai coordinator noted the following: • Fish carcasses everywhere • Trash in dunes, fire pits and parking lots • Local people were appreciative of their efforts • Non - locals were not as happy with the fishery Stroh suggested lowering the fine for littering and enforcing it more. Koch noted he would have an RFP in January for the handling of fish waste and noted Representative Wagoner would be suggesting a fee for the personal use fishery permit. Sandahl reported he was working with the City Attorney to create a draft memorandum of agreement with the Borough and State regarding the South Beach, which would give the City temporary jurisdiction of the streets and outhouses and allow the city to collect fees. Molloy noted citizen complaints along Toyon Way where they had hydro seeded the bluff. ITEM 4: BEAVER LOOP ROAD Koch reviewed the lay down presented to Council, noting there would be on increase in personnel or equipment for this project. 97 COUNCIL WORK SESSION JUNE 6, 2011 PAGE 2 OF 2 Additional lighting was requested. Porter requested beautification money if available. ITEM 5: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 7:57 p.m. Notes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 98 KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 19, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci,kenai.ak.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 -2. Roll Call There were present: Mayor Pat Porter, Mike Boyle, Robert Molloy, Ryan Marquis, Terry Bookey, Brian Gabriel, and Joe Moore, comprising a quorum of the Council. Also present was Student Representative Austin Daly, City Manager Rick Koch, City Attorney Krista Stearns and Deputy City Clerk Corene Hall. A -3. CERTIFICATION OF ELECTION Deputy City Clerk Hall read the Certification of Election into the record as follows: CITY OF KENAI REGULAR ELECTION OF OCTOBER 4, 2011 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 4, 2011. ABSENTEE (in- person, by -fax, personal needs, by- mail) AND QUESTIONED BALLOTS RECEIVED 195 ABSENTEE /QUESTIONED BALLOTS REJECTED 32, ABSENTEE /QUESTIONED BALLOTS COUNTED 163 POLL VOTER TURN OUT 1100 TOTAL VOTER TURN OUT - 1295 NUMBER OF KENAI REGISTERED VOTERS 5064 99 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 2 MOTION: CITY COUNCIL /THREE -YEAR SEATS: POLL CANDIDATE VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED NAVARRE, TIM 636 BOYLE, MIKE 601 104 740 86 687 e -in 66 10 76 Council Member Moore MOVED to certify the October 4, 2011 election results and Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Mayor Porter thanked Council Member Moore for his years of service. Moore introduced his family in the audience. Porter presented Moore with a plaque and a break was taken for celebrating with cake. BREAK: 7:06 P.M. BACK TO ORDER: 7:17 P.M. A -4. ADMINISTER OATHS OF OFFICE Mayor Porter administered the Oath of Office to Mike Boyle and Tim Navarre and they took their seats at the dais. A -5. ELECTION OF VICE MAYOR The floor was opened for nominations. Council Member Gabriel nominated Council Member Ryan Marquis. Council Member Molloy SECONDED the nomination and requested UNANIMOUS CONSENT. With no other nominations to be made, the floor was closed to nominations. Council Member Marquis was elected as Vice Mayor, A -6. Agenda. Approval Porter read the following additions to the agenda. ADD TO: A -3: Certification of Election Corrected Certificate Info #7: Information Items October 2011 Alaska Business Monthly Article 100 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 3 MOTION: Council Member Molloy MOVED to approve the agenda with the additions and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. VOTE: MOTION PASSED UNANIMOUSLY. A -7. Consent Agenda MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. 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 normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS D -1. Resolution No. 2011 -71 -- Awarding a Contract to Nelson Engineering for Professional Design and Engineering Services for the Kenai Industrial Park. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -71 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Council Member Molloy noted he was pleased to see the Industrial Park moving forward. Council Member Gabriel noted the park would bring economic vitality to the City. 101 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 4 VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E-1. *Regular Meeting of October 5, 2011 Approved by approval of consent agenda. E -2. *Special Meeting of October 7, 2011 Approved by approval of consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G-1. Bills to be Ratified -- None. 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 Marquis SECONDED the motion. There were no objections. VOTE: MOTION PASSED UNANIMOUSLY. G -3. *Ordinance No. 2586 -2011 -- Amending the Official Kenai. Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH). Introduced by approval of the consent agenda. G -4. *Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to .Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office. Introduced by approval of the consent agenda. 102 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 5 G -5. *Ordinance No. 2588 -2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. Introduced by approval of the consent agenda. G -6. *Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. G -7. *Ordinance No. 2590 -2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. G -8. *Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. G -9. *Ordinance No. 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. G -10. *Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation. Introduced by approval of the consent agenda. G -11. *Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil. Introduced by approval of the consent agenda. G -12. *Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund. Introduced by approval of the consent agenda. 103 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 6 G -13. *Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation. Introduced by approval of the consent agenda. 0.14. Action /Approval -- Appointment of Council Liaisons to Commissions and Committees. Appointments are as follows: Council on Aging Council Member Ryan Marquis i Council Member Brian Gabriel Airport Commission Harbor Commission Council Member Robert Molloy Library Commission Council Member Mike Boyle Parks and Recre ation Council Member Terry Bookey Planning and Zoning Council Member Tim Navarre 1 Beautification Committee Mayor Pat Porter Mini -Grant Steering Committee Mayor Pat Porter MOTION: Council Member Marquis MOVED to approve the appointments as noted and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -15. Action /Approval -- Appointment of Commissioners to Planning and Zoning Commission, Parks and Recreation Commission, and Beautification Committee. MOTION: Council Member Marquis MOVED to confirm Cliff Smith on the Planning and Zoning Commission and Commissioner Gabriel SECONDED the motion. Council Members Voting YES: Gabriel, Bookey, Marquis, Porter, Navarre Council Members Voting NO: Molloy, Boyle Student Representative Daly voted YES. VOTE: MOTION PASSED. 104 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 7 MOTION: Council Member Molloy MOVED to confirm Ryan Tunseth on the Parks and Recreation Commission and Council Member Marquis SECONDED the motion. Council Member Navarre revealed Tunseth was his nephew but he did not believe he had a conflict of interest. Mayor Porter reported Navarre did not have a conflict. Council Member Gabriel reported he had coached Tunseth in hockey and approved of his appointment. VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Bookey MOVED to confirm Vonnie Pierce to the Beautification Committee. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT, VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Boyle reported on the resolution for the grant application and the Mystery Dinner on November 18 and 19, 2011. 11-2. Airport Commission -- Marquis reported he did not attend, but the Commission worked on airport regulations, tree removal plan and airport master plan. H -3. Harbor Commission -- Gabriel reviewed the minutes of the October 10 meeting which were included in the packet. H -4. Library Commission -- Marquis reported the next meeting would be November 1, 2011. H -5. Parks and Recreation Commission -- Parks and Recreation Director Frates reported the Commission worked on the CIP list, goals and objectives, and noted the minutes were in the packet. H -6. Planning and Zoning Commission -- Molloy reported on the October 12 work session on the land use map for the Comprehensive Plan, reviewed the meeting minutes included in the packet, and noted his pleasure in serving on the Commission. H -7. Miscellaneous Commissions and Committees 105 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 8 H -7 -a. Beautification Committee -- Porter reported the minutes were in the packet. .Alaska Municipal League Report -- Porter noted Council Member Navarre would be attending the conference in Fairbanks in November, H -7 -c, Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention and Visitors Bureau -- No report. H -7 -e. Report of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she visited the set of the film Walking with Dinosaurs on the beach, read a proclamation for Domestic Violence Awareness at the Chamber Luncheon and attended a meeting with the Kenaitze Indian Tribe regarding their CASA program, which is a partnership with the tribe and the state. Council Member Bookey noted Porter would be hosting the Kenai Central High School football team for breakfast on October 21. MOTION: Council Member Bookey MOVED to provide $500 towards the cost of breakfast and Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: • He attended Glaser Leadership training in Eugene, Oregon. • He would be finalizing the Capital Improvement Project list. • He met with Wince, Corthell & Bryson regarding the Airport Master Plan. • He attended the KRSMA (Kenai River Special Management Area) meeting and noted they were considering requiring a safety boating license to operate motorized boats in the Kenai River. He voted against the motion. • He would be attending one day of the Municipal Managers meeting in November in Fairbanks 106 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 9 Marquis asked if there would be a charge for the boating license and asked why they were requiring the license. Koch reported he believed to make it harder for non guides to access the river. Bookey asked why the Randy Lane sewer project was cancelled. Koch reported the water table was too close to the surface and the owner was looking at other options. J -2. City Attorney -- City Attorney Stearns reported she would be attending the Municipal Attorneys conference in Fairbanks it November. J -3. City Clerk -- Deputy City Clerk Hall gave an update on absentee voting for the Borough Mayoral runoff election. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None. K -2. Council Comments Boyle reported he attended a City Council meeting in Anacortes, Washington. Molloy congratulated Marquis on his election to Vice Mayor, and welcomed Navarre and Boyle to the Council. Marquis reported he spoke with the Walking with Dinosaurs film crew, welcomed Navarre to the Council, thanked Moore for his years of service, and thanked the Council for voting for him for Vice Mayor. Daly updated the Council on Kenai Central High School sports activities, noting they had won the Medium School State Football championship. Bookey congratulated Marquis, Boyle and Navarre on winning their elections, thanked Moore for his service on the Council, and congratulated the KCHS football team on their win. Gabriel welcomed Navarre and Boyle, congratulated Marquis, thanked Moore for his work on the Council, and noted he watched the football game live on television. Navarre thanked Moore for his service to the City and wished him happy birthday, thanked the voters for giving him the opportunity to serve on the council, and noted 39 years ago he served as a junior council member. EXECUTIVE SESSION -- to give direction to the City Attorney regarding financial issues, the disclosure of which could have a financial impact upon the City -- City Clerk Contract. 107 CITY COUNCIL MEETING OCTOBER 19, 2011 PAGE 10 MOTION: Council Member Marquis MOVED to convene into executive session and requested the City Attorney attend. Council Member Boyle SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 8:08 P.M. BACK TO ORDER: 9:33 P.M. Marquis reported the Council met in Executive Session and gave direction to the City Attorney. ITEM L: PENDING LEGISLATION -- None. ITEM M: ADJOURaNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:34 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 108 0 0 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF NOVEMBER. 2, 2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS OCTOBER PERS VARIOUS LIABILITY 166,226.36 ICMA457 PLAN ICMA45r PLAN VARIOUS LIABILITY 24,623.42 AETNA. HEALTH INSURANCE VARIOUS HEALTH INSURANCE 103,830.35 HOMER ELECTRIC ELECTRICAL USAGE VARIOUS UTILITIES 89.239,11 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int.. PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: NOVEMBER 2, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT 1 O INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION BRAUN NORTHWEST P.O. it - DEPT. 95582 -- EQUIPMENT AMBULANCE REPLACEMENT REASON AMOUNT TOTAL POAMT CHANGE _ORDERS 3,980,00 169,320.00 ADDITIONAL COURTNEY DRIVE SEWER EXCAVATION, PROPERTY DESIGN EXTENSION 97174 - SEWER TRENCHNG, ETC. 1,064.08 22,706.08 88753 -NP )MPR CAPITAL WINCE- CORTHELL- BRYSON AP REHABILITATE APRON PROJECT AMEND. NO .6 7,628.03 1,002,333.00 °l(a e with a past Gi with an/dur'e" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907= 263 -7535 / FAX: 907- 283.3014 lir 1592 TO:. Rick Koch FROM: Fire Chief Tilly DATE: October 21, 201 SUBJECT: Ambulance change orders The purpose tfo this correspondence is tcs. briefly explain necessary change orders to the new ambulance. The first change order will reduce the original price of the ambulance by $2,790 dollars. The second change order is necessary because striping and lettering was not Included in the proposal of the vehicle and this totals $3,300 dollars, Additionally there was no intercom . system quoted on the vehicle and this system Is $2495 dollars. The 3rd change order will be for a suction unit used for patient care, this unit costs $1;250 dollars. A 4th change order for some additional wiring changes to accommodate radios and the addition of a headlight flasher system is needed for $525 dollars. F%nally there is a change order reducing the price of the ambulance by 5150 dollars and this Is for having certain Items not mounted andshlpped loose in the ambulance. Resolution 2011 -19 estimated: the purchase price to be $165,190 proposed change orders the actual final purchase price will be $169,170, $3,980 increase. 111 Sponsored by: Administration at the request of the Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2597 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY COUNCIL AMENDING KENAI MUNICIPAL CODE 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE SUBURBAN RESIDENTIAL (RS), SUBURBAN RESIDENTIAL 1 (RS1), SUBURBAN RESIDENTIAL 2 (RS2), RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL (RR -1), AND THE URBAN RESIDENTIAL (RU) ZONING DISTRICTS. WHEREAS, on April 6, 2011, Kenai City Council introduced Ordinance No. 2546 -2011 to amend KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses in the Rural Residential 1 (RR -1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546- 2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning & Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Planning & Zoning Commission held a work session on April 27, 2011 and during their regular meeting on April 27, 2011, voted against holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review of the entire Land Use Table for all residential zones in the City; and, WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed action on Ordinance No 2546 -2011 and requested the Planning & Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August 17, 2011 meeting; and, WHEREAS, residents of the RR -1 Zoning District made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and Support a stable and predictable setting for future investment; and, WHEREAS, residents of the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, New Text Underlined. [DELETED TEXT BRACKETED] 112 Ordinance No. 2597 -2011 - Page 1 WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhoods in the City should also be protected; and, WHEREAS, the Commission also reviewed land uses for other residential zones including the Suburban Residential (RS) Zone, Suburban Residential 1 (RS1) Zone, Suburban Residential 2 (RS2) Zone, Rural Residential (RR) Zone, and Urban Residential (RU) Zone and proposes amendments to the Land Use Table in KMC 14.22.010; and, WHEREAS, the Ordinance No. 2546 -2011 proposed to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses" to not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; and, WHEREAS, the Commission believes that Ordinance No. 2546 -2011 is too restrictive and that the existing process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planning & Zoning Commission held work sessions on June 8, June 22, July 13, and July 27, August 10, 2011; and, WHEREAS, the Planning & Zoning Commission held a public hearing on August 10, 2011, and postponed making a recommendation to hold additional work sessions to complete the review of the Land Use Table for residential zones; and, WHEREAS, the Planning & Zoning Commission held additional work sessions on August 16, and August 24, 2011; and, WHEREAS, during these work sessions, the Commission reviewed land use in the City of Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could he used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning and development within existing zones may not accurately reflect the intent and definition of zones as defined in Kenai Municipal Code Chapter 14; and, WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on land use and development, and, WHEREAS, Council adopted Ordinance No. 2546 -2011 on September 7, 2011; and WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning Commission held a special meeting on August 30, 2011 and voted unanimously to recommend several changes to Ordinance No. 2546 -2011 to KMC 14.22.010, Land Use Table and several changes to KMC 14.22.010, Land Use Table for the RS, RS1, RS2, RR, RR1 and RU Zones to provide protection for all residential zones in the City; and; New Teat Underline; [DELETED TEXT BRACKETED] 113 Ordinance No. 2597 -2011 -Page 2 WHEREAS, the Planning & Zoning Commission requested administration introduce an ordinance on behalf of the Planning & Zoning Commission recommending comprehensive changes to KMC 14.22.010, Land Use Table, for all residential zones including the Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU); and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2011. ATTEST: CORENE HALL, Deputy City Clerk PAT PORTER, MAYOR Introduced: November 2, 2011 Adopted: November 16, 2011 Effective: December 16, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 114 Ordmartce No. 2597 -2011 - Page 3 14.22.010 Land use table, LAND USE TABLE KEY: P =Principal Permitted Use C = Conditional Use S Secondary Use 14—Not Permitted NOTE: Reference footnotes on ['okaying pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES Manta Es RS2 C'" P P P P RU CC P P21 CG S IL Ill S' ED C" R P TSH ` ©� P LC CMU P S'ic" One Family Dwelling Two/Three Family Dwclling 01 " P P P P P P P" S' C 0 P Four Family Dwelling N" P C' rs as P N N P ! P" S' C 012 N P C S'tc" Five /Six Family Dwclling C" C' N P N N P P" S' C C N N P C S�lC" Seven or More Family Dwelling C" 0' N 0' N N P I P" S ' 0 C N N P C S'fC" Townhouses' C1" C" G " C ' Ca 0 0 0 0 0 0 0R2 0 0 1 0 C Mobile Nome Parkss N [C] N [C] N [C] N [Cj N [C1 N [01 N C C 0 0 N 0 N 1 N C Planned Unit Residential Development' C'" C C CC C 0 0 C 0 0 N 0 0 0 C COMMERCIAL LAND USES C RR RR1 1IS RSt RS2 RU CC CG iL 1H ED R TS C t:MU Automotive Sales N C- -'' [01N N N N [ C iJ P P P P N N N N P Automotive Service Stations ! N C "" [C1 N N N N [C] N I P ! P P P N C N N P Banks N C'" C "‘—'0 [C1 N N N [C] 7F P P P C N C C C P Business/Consumer Services N C C$° C.' N N [CJ N{ P P P C N C C i C P Guide Service N 0 3,! [C] IN [C1N N N [C] N 1 P P P P N P P 0 P i Hotels /Motels N C C] N [Q IN N N C P P P C N C P C P Lodge N C [C ]N [C)N N N C - 11 P P C N P P 1 C P !Professional D£tioes N C C ""' C N N [PIC P P P P N C P P 1 P Restaurants N C" ss [C] N CA "." N N 0 - P P P C N C C C P Remit Business N'-" 0 024u° C"''s N N 0 P P P P S SR3 C t C I P Wholesale, business N C [01 N [C1N N N [0] N C P P P N 52' C C N Theaters[ /COMMERCIAL RECREATION) N C' ' [C1 N [C1111 N N C P P C C N P C C P Commercial Rea eation N C N N N N C P P C C N P C C P New Text Underlined !DELETED TEXT BRACKETED] 1 15 Ordinance No. 2597 -2011 Attachment A Page 1 LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL C RR RRi RS RSI RS2 Rif CC CG inlallta IL III ED R TSB LC CMLI LAND USES Airports and Related Uses ® ®© [C] N P P P P N Inal N C Automotive Repair C [C] N [C]'N N Gas Manufacturer /Storage N N ® Cv N I N i N N N Assembly A Assembly N C [CI N EMEMEEMEELEMIEWEEEMEMErn iiitr [0] [CI [Pj [P1 [P] ® [Pj P [Pj N C [P] 1 [Cj C N © N [P] 101 C C (P3 Mini - Storage Facility N Storage Yard Warehouses PUTI! II4STITUTIONAL aill RR , RRI RS LAND FISES [CHARITABLE INSTITUTIONS] (t7 [C] [0] [01 Churches* C ® Pm P'° I>m ® C P P I? Clinics C C O2119 C22-1P [CjN [0] N 0 P P P r, Colleges* 0 C 0 C ® C3'' "' 11jcjjuu lia -0 0 SEW P C C C C P P lal P Elementary Schools • Governmental Buildings C C WEI P C P C C High Schools* C 0 101 NESIIIIMMINCIMEM [CjN C" P P P ®� P C p P Hospitals* C 0 [03 N [CjN [01N Libraries* C I C" 90 C-a=9 [C] N Museums C C C l : ' ' Cry "' (Q] N [C] N C P P P C P C Parks and Recreation P C C C C 0 ��� Ell P ®EEEI C IMMil P Assisted Living C C C ® C C C, C MISCELLANEOUS .- . LAND USES C RR RRI RS RSt I R52 RI! CC CG If, IA ED I R TS II LC CMU Animal Boarding' C C [ C ] N [C]1N [C] N N N 0 C 0 0 N 0 NC 0 Bed and Breakfasts Cabin Rentals C ®® 0 0 [Cj jr 0 0 0 C 0 C C C N} C C C P [CjN N N N P P 1011111111111 P P C P I [ I�u. C C C N C C N N Crematories /Funeral Hcmes II ®�® C C C Day Care Cenrers'a C i C ® 022 1" EITEEMEEINIME C P P Dormitories /Boarding Houses IIIIMI CD' s1 Cas eo [CI N [CjN [Plc t>nr ®11 C C P Essential Services P P WEM© ©�© P P P P Agriculture era3 Agriculture * ** Greenhouses/Tree ,Nurseries° P ©a MIME N N ��� 0 [CI IS [CIN [C DS INNI® N 0 C C P LAND USE TABLE New Text Underlined' [DELETED TEXT BRACKETED' 1 16 Ordinance No. 2597 -2011 .Attachment A Page 2 KEY; P = Principal Permitted Use C =Conditional Use 5 ' Secondary Use U = Un. Prnnittorl NOTE: Reference footnotes on following pages for additional restrictions ZONING (DISTRICTS MISCELLANEOUS LAND USES C RR RR I RS RSI 1252 RU CC CG IL II1 ED R TS N LC CMU Ctunsmitting,[PRINTINC,,] N C C1" C'° [C] 14 [C] N [C]N P P P P N C P P P Taxidermy Assemblies° (Large: C C [C] N [C1N [C[N [03N [C1N P15 P's P" t 1 Pis C P N P's Circuses, Fairs. Etc.) Fraternal Organizations/ N C [03 N [C ]N [01N [0]14 [01N P P P C N 0 P 0 P Private Clubs /Social Halls and Union Hails Nursing, Convalescent or N C [C,[ N [ C [ N [0114 [0114 [C]N P P 0 0 0 0 0 0 P Rest Flonies [PARKING, OFF- STREET] [P] [P] [P] [P1 [P] [PI [Pl [11 [P] [P] [P] [P] 3?] [P] [P1 [Pl Parking, Public Loth" 0 0 [0] N [CIN [C]N [0114 0 0 0 0 0 0 C 0 0 0 Personal Services ° C 0 0$Y d6 C- a"- 021•d 0' 0 P P P P C C P P/ P Cl] Communications Towers & P C [C] N [0111 [C]N [0]14 C P P P P P C C C C Antenna(s), Radio/TV Transmitter /Cell Sacs" '" Recreational Vehicle Parks C C [03N [C1 N N [01N C C C C N C C N C Subsurface Extraction of C C C C C C C C C 0 0 14 0 14 N N Natural Resources" Surface Extraction of C C [ C ] N [0]14 N N [0]14 N C 0 0 14 0 14 N N Natural Resources° See 42 USCA See, 2000cc (Religious Laid Use and institutionalized Persons Act of 2000) *" See 42 Telecommunications Act of 1996, Sec, 704 a) "'"* See, however, the limitations imposed under K1s4C 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14,25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single - family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off - street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the suronnding neighborhood, and will not adversely affect surrounding property values; The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined: [DELETED TEXT BRACKETED] 117 Ordinance No. 2597 -2011 Attachment A age 5. See "Mobile Homes' section. 6. Allowed as a conditional use, subject to "Mobile F'iomes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7, See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 1 I.. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and. characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a, The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public, b. Exits and entrances and off -street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbaeics, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall beprovided between said use and any adjoining property in a residential zone. h. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section, 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parlcing aprons; FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RC/TSB zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26, Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. Limited Comm ereial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self-Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Taming Salons X Tattoo Parlors X New Text Underlined' [DELETED TEXT BRACICETEDI 118 Ordinance No. 2597 -2011 Attachment t 4 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (1?) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20,150 are met. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) 30. driveway access on the Kenai Spur Highway. or (bl driveway access from a dedicated right-of-way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing /survey of the parcel, Use allowed only for those parcels that abut Beaver Loop Road. Bridge Access React, and Kalifornskv Beach Road. Access to the parcel must he from these streets unless applicant can provide documentation that an application for a driveway permit has been denied by the State of Alaska or City of Kenai. In that mse. the Commission may consider alternate ingress and egress. Driveways should he located a reasonable distance from Beaver Loop Road, Bridge Access Road, and Kalifornskv Beach Road to ensure the driveway does not create an unsafe traffic pattern and to ensure that traffic impact into the neighborhood is minimized. Industry established trip 0eneration standards for the commercial use should be used to determine the impact to the neighborhood. New Text Underlined; [DELETED TEXT BRACKETED 119 Ordinance No. 2597 -2011 Attach Pent A s MEM nVu,aye with a Past, C with a Future Y.1meYO1tN' 'VIII' 1992 o: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration ` DATE: October 26, 2011 SUBJECT: Ordinance v'o. 2597- 20111-A mending KMC 14.22.010 — Land Use Table During the past six months, the Planning & Zoning Commission reviewed the Land Use Table for residential zones. This review was as result of the introduction of Ordinance No. 2546 -2011 which recommended amending KMC 14.22.010, the Land Use Table, for the Rural Residential 1 (RR1) zone. When the Commission was asked to review the Land Use Table for the RR1 zone, they recognized that other residential zones in the City should be reviewed to ensure neighborhoods were protected from uses that may adversely affect the integrity of the residential zones. On September 7th, the Council adopted Ordinance No. 2546 -2011 amending the Land Use Table for the RR -1 zone. On August 30, 2011, the Commission held a special meeting. During that meeting, the Commission unanimously approved a motion requesting administration introduce a new ordinance on behalf of the Planning & Zoning Commission at the November 2, 2011 Council meeting. Ordinance No. 2597 -2011 is the result of that request and proposes to make comprehensive changes to the uses allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR1), and the Urban Residential (RU) zoning districts. The ordinance outlines the process the Commission used to recommend the proposed amendments to the Land Use Table and identifies the numerous meetings held by the Commission. 120 th«,hyef KENAI ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2598-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND - POLICE DEPARTMENT BY $25,000, PARKS DEPARTMENT BY $14,500, AND STREETS DEPARTMENT BY $31,500 TO PURCHASE EQUIPMENT NEEDED IN RESPONSE TO THE ANNUAL STATE OF ALASKA PERSONAL USE FISHERY THAT TAKES PLACE ON THE CITY OF KENAI BEACHES AND UTILIZES CITY FACILITIES. WHEREAS, annually tens of thousands of visitors converge on the City, it's beaches and City Boating Facility to participate in the State of Alaska's Personal Use Fishery; and, WHEREAS, the volume of visitors and location of their activities has created the need for additional and specialized equipment to provide public safety and ensure safe operations of City facilities; and, WHEREAS, fees charged to 2011 Personal Use Fishery participants for parking and camping exceeded FY12 budget estimates by $85,634 and exceeded City costs in Personal Use Fishery operations for 2011 by $86,871; and, WHEREAS, continued investment in needed tools and equipment will assist in continuing to provide safe operations during future Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Other Revenue $71,000 Increase Appropriations: Police - Machinery & Equipment Streets - Operating & Repair Supplies Streets - Machinery & Equipment Parks - Machinery & Equipment $25,000 24,000 7,500 14,500 $71.000 New Text Underlined; IDELcTED TEXT $RACKETED] 121 Ordinance No. 2598 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: November 2, 2011 Adopted: November 16, 2011 Effective: November 16, 2011 New Text Underlined. (DELETED TEXT BRACKETED] 122 ny of A KENAI, Slf Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2599 -2011 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE INFORMATION TECHNOLOGY CAPITAL PROJECT FUND FOR CITYWIDE INFORMATION TECHNOLOGY UPGRADES. WHEREAS, the Administration has identified three information technology (IT) project to streamline the administration and strengthen the security and performance of the City's IT infrastructure; and, WHEREAS, excess funds are available as a result of savings experienced during the City's insurance renewal process of $47,731 and an additional $48,529 in Alaska Public Entity insurance member dividend credit received towards the City's FY12 insurance ; and, WHEREAS, the integrity, efficiency, and security of the City's IT infrastructure and data is in the best interest of the City and the citizens it serves. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following budget transfer be made: General Fund Decrease - Non - Departmental: Insurance $63,000 Increase - Non Departmental: Transfer to Other Funds $63,000 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Information Technology Capital Project Fund Increase Estimated Revenue: Transfer from Other Funds $63,000 Increase - Appropriations: Machinery & Equipment $36,000 Professional Services 5,000 Construction 22,000 $63,000 New Text Underlined' [DELETED TEXT BRACKETED] 123 Ordinance No. 2599 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of November, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: November 2, 2011 Adopted: November 16, 2011 Effective: November 16, 2011 New Text Underlined [DELETED TEXT BRACKETED' 124 'Village with a Past, Gity with a Future FINANCE DEPARTMENT 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Dan Castimore, IT Manager Date: October 24, 2011 Re: City Data Center The purpose of this memo is to discuss the City's current Information Technology Infrastructure. Current Situation: The City currently has 12 servers located in 4 separate locations. There are 3 servers on the floor in a back room at the Library. There are 4 servers on the floor in the copy room at City Hall. The public safety building houses 4 servers in the dispatch center which provide the services for the Police Department. Finally, there is a server in a storage closet at the fire department. There are separate internet connections at each location, each of which uses a different firewall for protection. This requires three different sets of firewall rules, and separate management techniques for each location. The backup power is provided by a number of different UPS systems, city hall has 3 different units, the library has 2 different units, and public safety has 3 different units. Each of these requires battery replacement on a different schedule, and support varying loads that make it difficult to add new equipment. The only location with any type of environmental control is the library, which has a ceiling mounted air conditioner. The other locations store the equipment in a room that is also used for different purposes. Police department servers are housed in the dispatch center, and the noise of the servers makes it impossible to use the third dispatch station. At city hall the servers are in a shared copy room with no access control. Both of the locations have problems with cooling and dust. The public safety building is the only location with both a generator to provide backup power and a location that is staffed 24 hours per day. Backup power and good security make the Public Safety Building the desirable location for the City's data center. DRAFT 2.0 10/26/2011 125 Proposed Opthms Option 1 Do nothing. The city will continue to use the current IT Infrastructure. Advantages No cost for room improvements. Disadvantages • Increased risk of premature equipment failure as a result of poor environmental conditions. • Increased risk of data security breach due to inconsistent firewall policy and physical access controls. • Increased future IT spending when implementing new technologies due to limited options for server virtualization, • Increased risk of equipment damage from loss of power. • Increased cost of managing equipment at three different locations. Option 2 Upgrade server rooms at each location to data center standards. This would require the installation of physical access controls and environmental controls at each location. A climate controlled rack would be installed at each location along with a new UPS. Advantages • No cost for building rewiring. • Faster implementation Disadvantages • High cost of installing duplicate equipment at each location • Limited expansion options. • Increased future IT spending when implementing new technologies due to limited options for server virtualization. • Increased cost of managing equipment at three different locations. • Additional noise from the climate controlled rack. • Increased power consumption and software licensing costs for redundant equipment. Option 3 Create a data center at the public safety building and relocate all server equipment and internet connections to this location. Install an air conditioner, large UPS, and a physical access control system. Install racks for the servers, network gear, SCADA equipment, and public safety radio equipment. This project could be split into three phases. The first would include the construction, UPS, electrical work, and purchase of racks. The second would include the installation of an air conditioner. The third phase would be to rewire the public safety building networks to terminate in the new data center. DRAFT 2.0 10/26/2011 126 SCADA equipment would be moved to this location as part of a future SCADA telemetry upgrade. The public safety radio equipment would be moved to this location as part of a future project to replace the existing radio equipment. Advantages • Ease of management due to only having one location. • Backup generator already installed. • Physical security is improved by 24 hour staffing, and location in close proximity to the city police department. • Reduction of noise. • Room for long term expansion. Disadvantages • Loss of space currently in use by other departments at the public safety building • Cost of rewiring public safety building's data network to new data center. Recommendation Option 3 will best meet the long term goals of the administration including virtualization and improving data security. This option will also help prepare us for VOIP and provide a climate controlled environment to house the public safety radios and SCADA equipment in the future. DRAFT 2.0 10/26/2011 127 City of Kenai Proposed IT Infrastructure Updates - Prepaired by: Dan Castimore, IT Manager ion Total SURTD5000XLT 9 SURT192XLBP 3 AP7862 2 CCN8000T APC Smart -UPS RT 5000VA 208V APC Smart -UPS RT 192V Battery Pack APC Rack PDU Metered Zero U 5.7kW 100V ClimateCab NEMA 12 Server Cabinet with M6 Rails and 8000 btu air conditioner Option 3, Phase 1 3,525.00 $ 10,575.00 979.00 $ 8,811.00 434.47 $ 1,303.41 $ 4,509.00 $ 9,018.00 $ 29,707.41 1 SUVTP2OKF4B45 Smart -UPS VT 20kVA 208V w/4 Batt. Mod $ 13,100.00 $ 4 AP7862 APC Rack PDU Metered Zero U 5,7kW 100V $ 434.47 $ APC NetShelter SX Rack Enclosure with Roof and 2 AR3300 Sides -42U $ 1,600:00 $ 3,200.00 2. 2U Wiring Rack .._._.,... $ 1.50000.. $.. 3,000.00 1 Cable Ladder (Cable Management) $ 3,855.00 $ 3,855.00 1 Construction materials and labor $ 13,000.00 $ 13,000.00 CableManapement for racks $ 2,425.00 $ 2,425.00 13,100.00 1,737,88 Option 3, Phase 2 Liebert Challenger 3000 17.5kw Air Conditioner with installation. Total $ 40,317.88 50,000.00 $ 50,000.001 Option 3, Phase 3 Rewire public safety building network Wiring.' Parts & Labor. Option 3 Total Costs Phase 1 Phase 2 Phase 3 Total 128 50,000.00 $ 25000.00 $ .25,000.00 $ 25,000.00 $40,317.88 $50,000.00 $25,000.00 $115,317.88 P" Nit ko Future Expansion Future Expansion UPS Gear Server Gear Wiring Rack Spare Wiring Rack 111111111111111 • KENAI, ',,SKA "Village with a Past, Gity 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: Dan Castimore, IT Manager Date: October 26, 2011 Re: City Telephone Systems The purpose of this memo is to discuss the City's current telephone systems. t Situation: The City currently has Nortel phone systems at the City Hall, Library, Public Safety building, Fire Station 2, Airport, Senior Center, and City Shop. Each of these systems has dedicated trunk lines, and are not connected together, We have an assortment of systems, from the Nortel Norstar ICS, to the CICS, and the MICS. These systems all use the same telephones, but no other parts are interchangeable. Nortel is no longer in business, the products have been discontinued, and support is now offered by Avaya. The phone systems are no longer serviceable or upgradeable; parts are only available from third party companies. The PBX at City Hall has been having problems, requiring it to be restarted every few weeks. This is an indication that the system is failing, and that any day it may stop functioning, A voice over IP (VOIP) telephone system is the current replacement technology for a telephone PBX. VOIP combines telephones and computer networks into one system. This simplifies cable management as there is no longer a need for legacy telephone wiring and equipment. A number of vendors produce VOIP systems including Cisco, Mitel, Avaya, and others. As the Borough, School District, Hospital, and College all use Cisco systems, that is what will be discussed in this memo. Proposed Options Option 1 Purchased refurbished Nortel equipment in the event of a PBX failure. The new equipment will need to be reprogrammed by ACS before it will work. Advant qes There are no immediate costs unless a PBX fails. DRAFT 3.0 10/26/2011 131 Disadvantages If any of these systems fails, the cost to the city in both time, and lost productivity will be very high. Any costs associated with repairs will be lost when the city eventually moves to a new telephone platform. Option 2 Purchase and install a new VOIP system in the event of a PBX failure. A contractor will be hired to implement the new system on an emergency basis. Advantages There are no immediate costs unless a PBX fails and any costs associated will not be lost in the future. Disadvantages The amount of time to get a new VOIP system in place will be measured in weeks, not days. Hiring a consultant to do an emergency replacement will be very costly. The risk of purchasing items we do not need, or not purchasing items we do need, is higher due to the constrained timeline. Option 3 Purchase and install a new VOIP system before a PBC fails. This would be a multiphase project. Phase 1 would be to create a plan to migrate to VOIP. Do as much development work as possible, and hire a consultant to help draft a proposed equipment list. Phase 2 would be to install a VOIP system for City Hall. Phase 3 would be to install VOIP for the Public Safety Building and Library. Phase 4 would be to install VOIP at other remote locations. Advantages Any work that is done will be reusable in the future. The timeline will be flexible and allow the best rates for a consultant. If a PBX fails, we can implement VOIP much faster, and at a lower cost. Disadvantages This is the most costly option. Recommendation Option 3 is recommended because it reduces the City's risk in the event of a PBX failure and provides a phased approach to phone system replacement citywide. Phase 1 to be funded from FY12 budget, with other phases proposed in future fiscal years to be determined after technical analysis phase. DRAFT 3.0 10/26/2011 132 7." City of Kenai Proposed Phone System Updates - Prepaired by: Dan Castimore, IT Manager Option 2 (Replace City Hall PBX) ,c_7iss_cifft,c(ge.-te 06,(:<;;;, itt 1 MCS782815-K9-WL8 Cisco Unified Communications Manager Biz Edition 5000 $ 11,046.75 $ 11,046.75 17 CP-8945-K9= 7 CP-9971-C-CAM-K9= 7 CP-CKEM-C= 2 C3KX-PWR-71SWAC= 2 WS-C3560X-24P-L 2 C3KX-NM-1G= 2 GLC-SX-MM= 1 CP-7937G 1 4 ATA187-11-A= 1 1 1 Cisco Unified Phone 8945, Phantom Grey, Standard Handset Cisco UC Phone 9971, Charcoal, Std Hndst with Camera Cisco Unified IP Color Key Expansion Module, Charcoal Catalyst 3K-X 715W AC Power Supply Catalyst 3560X 24 Port PoE LAN Base Catalyst 3K-X 1G Network Module GE SFP, LC connector SX transceiver Cisco UC Conference Station 7937 Global Cisco ATA 187 with configurable impedance ACS Installation and Engineering Consultant hired to manage entire project $ 341.25 $ 5,801.25 $ 646.75 $ 4,527.25 $ 321.75 $ 2,252.25 $ 650.00 $ 1,300.00 $ 2,730.00 $ 5,460.00 $ 325.00 $ 650.00 $ 325.00 $ 650.00 $ 841.75 $ 841.75 $ 195.00 $ 780.00 $ 2,500.00 $ 2,500.00 $ 15,000.00 $ 15,000.00 Total $ 50,809.25 Option 3 Phase 1 1 Consultant to hp with technical issues on 5 000.00 $ 5 000.00 'Total $ 5,000.00 Option 3 Phase 2 1 MCS782815-K9-WL8 Cisco Unified Communications Manager Biz Edition 5000 $ 11,046.75 $ 11,046.75 17 CP-8945-K9= 7 CP-9971-C-CAM-K9= 7 CP-CKEM-C= 2 C3KX-PWR-715WAC= 2 WS-C3560X-24P-L 2 C3KX-NM-1G= 2 GLC-SX-MM= 1 CP-7937G 4 ATA187-11-A= 1 Cisco Unified Phone 8945, Phantom Grey, Standard Handset $ 341.25 $ 5,801.25 Cisco UC Phone 9971, Charcoal, Std Hndst with Camera $ 646.75 $ 4,527.25 Cisco Unified IP Color Key Expansion Module, Charcoal $ 321.75 $ 2,252.25 Catalyst 3K-X 715W AC Power Supply $ 650.00 $ 1,300.00 Catalyst 3560X 24 Port PoE LAN Base $ 2,730.00 $ 5,460.00 Catalyst 3K-X 16 Network Module $ 325.00 $ 650.00 GE SFP, LC connector SX transceiver $ 325.00 $ 650.00 Cisco UC Conference Station 7937 Global $ 841.75 $ 841.75 Cisco ATA 187 with configurable impedance $ 195.00 $ 780.00 ACS Installation andingineerint_________ Total $ 35,809.25 133 Option 3 Pha 45 CP-8945-K9= 1 C3KX-PWR-715WAC= 1 WS-C3560X-24P-L 1 C3KX-NM-1G= 1 GLC-SX-MM= 3 ATA187-11-A= Cisco Unified Phone 8945, Phantom Grey, Standard H Catalyst 3K-X 715W AC Power Supply Catalyst 3560X 24 Port PoE LAN Base Catalyst 3K-X 16 Network Module GE SFP, LC connector SX transceiver Cisco ATA 187 with configurable impedance andset 341.25 $ 15,356.25 650.00 $ 650.00 $ 2,730.00 $ 2,730.00 $ 325.00 $ 325.00 $ 325.00 $ 325.00 $ 195.00 $ 585.00 'Total $ 19,971.25_1 Option 3 Phase 4 32 CP-8945-K9= Cisco Unified Phone 8945, Phantom Grey, Standard Handset $ 341.25 $ 10,920.00 1 C3KX-PWR-715WAC= Catalyst 3K-X 715W AC Power Supply $ 650.00 $ 650.00 1 WS-C3560X-24P-L Catalyst 3560X 24 Port PoE LAN Base $ 2,730.00 $ 2,730.00 6 3560CG-8PC-S Catalyst 3560CG Sport POE switch $ 1,166.75 $ 7,000.50 7 ATA187-11-A= Cisco ATA 187 with configurable impedance $ 195.00 $ 1,365,00 Total $ 22,665.50 Option 3 Total Costs Phase 1 Phase 2 Phase 3 Phase 4 Total 134 $5,000.00 $35,809.25 519,971.25 $22,665.50 $83,446.00 KEKAL i //Village with a Past, Ci y with a Fistarell 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: Dan Castimore, IT Manager Date: October 24, 2011 Re: Data backup system The purpose of this memo is to discuss the City's current data backup system, propose several possible changes and make a recommendation for implementation. Current Situation: Data backup is currently handled in a fragmented manor. There are a variety of backup methods at City Hall, the Library, and at the Public Safety building. The City currently has approximately 2,780 gigabytes of data (2.78Tb). Not all of this data is backed up due to limited storage capacities. The data that is backed up does not follow a uniform schedule; some items are backed up daily, while others are backed up weekly, or semi - weekly. Retention is also not uniform; some data is stored for a week, while other data is stored for 30 days or longer. The City uses software from Symantec called Backup Exec. This software is currently out of date and needs to be updated. With annual maintenance fees this software will not need to be upgraded again. As any new option will back up all city data, including the Police Department, it wilt need to be housed in the public safety building for security reasons. The Public Safety building is also the only building to have a generator, and is staffed 24 hours a day. Proposed Options Option 1 Do nothing. The city will continue to use the current backup system. Advantages The cost of making any changes will be significant. If nothing is done, no software or hardware other than replacement media would be required. Data Backup Memo 10/24/2011 135 Disadvantages Sufficient backup space is not available to support current levels of data, The city will have to backup less information, or backup less frequently without additional storage. Not all data is backed up, and data that is backed up isn't always done so on a daily basis. Because backups are done in three locations, managing the tapes is a complex process. Restoring data is a time consuming process as tapes must be located and loaded before any backup can begin. Because data is stored at the same location as the original systems, catastrophic failures would result in massive data loss. Option 2 Purchase a server with a moderate amount of onboard storage. Purchase upgraded licenses for our backup software and consolidates to one backup server. Backup City data to an offsite provider (Backup to the Cloud). Advantages The vendor will be responsible for maintaining the storage hardware, and making sure that the backups are available. Catastrophic failures would not result in any data loss. Growth of data size is not an issue as we pay only for what we use. Disadvantages The bandwidth required to upload all of the data generated each month would require the city to purchase a larger internet connection. The monthly cost to store data is very high. Because data is located off site any recovery efforts will take much longer, A full recovery could take days, or weeks. Option 3 Purchase a server with limited onboard storage. Purchase upgraded licenses for our backup software and consolidates to one backup server. Use a network attached storage (NAS) device for storage. Advantages The storage syste easily upgradeable to accommodate any future growth. Disadvantages NAS has a limited transfer speed and uses a proprietary interface. While this would provide protection to the City Hall or Library in the event of a catastrophic failure, the public safety building would still be a single point of failure. This could be rectified by purchasing a second NAS and housing it at another location. Option 4 Purchase a server with limited onboard storage. Purchase upgraded licenses for our backup software and consolidates to one backup server. Use a storage area network (SAN) for storage. Advantages This option provides excellent performance and expansion capabilities. Data Backup Memo 10/24/2011 136 Disadvantages This is the most expensive option. While this would provide protection to the City Hall or Library in the event of a catastrophic failure, the public safety building would still be a single point of failure. This could be rectified by purchasing a second SAN and housing it at another location. Option 5 Purchase a server with the maximum available onboard storage. Purchase upgraded licenses for our backup software and consolidates to one backup server. Advantages This option is the most economical, and provides the best performance. It is also the simplest to implement. Disadvantages Expansion would be more difficult than with other solutions. While this would provide protection to the City Hall or Library in the event of a catastrophic failure, the public safety building would still be a single point of failure. This could be rectified by purchasing a second server and housing it at another location. Recommendation Option 5 is the most economical solution and would meet the administration's goals. This will also be the easiest to implement. Data Backup Memo 10/24/2011 137 City of Kenai Proposed Backup Solutions - Prepaired by: Dan Castimore, IT Manager oitware Annual Reoccuring Costs (a ndows Server - Essenti 1 Symantec Backup Exec 2010 Agent for Microsoft Exchange Server - Essen y1, Symantec Backup "Exec 201.0 Agent for Microsoft SCQL,S;erver 6 Symantec Backup Exec 2010 Agent for Windows Systems - Essential Suppo Total 1" Sytrrant r,Backup 1 Symantec Backup Exec 2010 Agent for Microsoft Exchange Server - version upg 1 SYrrrantet f acisup Exec.201D Eat ent for Microsoft 541 Server , ersion -u grade 6 Symantec Backup Exec 2010 Agent for Windows Systems version upgrade licen d3e41 i?o e>.Edge R4: Option 2 Costs y $ 83.70 $ 502.20 $ 920.70 2i 534.12 $ 534.12 53412.,. 53412,. 318.87 $ 1,913.22 Amazon Simple Storage Service charges for 5Tb of storage for 1 year Total Annual Reoccuring Costs: 5 Year Total Cost: its ec 201 Symantec Backup Exec 2010 Agent for Mic Option 3 Costs re `:SIX rtm osoft Exchange Server - version upg t$ew r vetston upgrade 8,400.00 $ 8,400.00 $ 17,302.62 $ 9,320.70 $ 54,585.42 L2-! 534.12 34,12 6 Symantec Backup Exec 2010 Agent for Windows Systems - version upgrade licen rSupp y, Windows Server 2 0 18.87 $ 1,913,22 ft M, 2 146G5 HD, Reduntar 1 NetgearReadyN ent srm, Syr 200 x1,516.62 ' 4,57.6;62 13,175.00 $ 13,175.00 Total Annual Reoccuring Costs: 5 Year Total Cost: 138 $ 21,207.20 $ 920.70 $ 24,890.00 Option 4 Costs I Symant cBackup E- e 2010for,Windows Server - version a Agra license $ SSA 12 :$ X34. 2 1 Symantec Backup Exec 2010 Agent for Microsoft Exchange Server - version upg $ 534.12 $ 534.12 1 $ycr an "iec Batt up;Exec 2010 agent tor M icrosz t 510 =Server - version upgra de , S 412 $ X53 2 6 Symantec Backup Exec 2010 Agent for Windows Systems - version upgrade licen $ 318.87 $ 1,913.22 1�81i 1?o er dge 8410, Dual.Xeon 66201 cPU,12gb RAM,,2.x 1466b Ht3, Recta mint Power Supply, Windows Server 200882 Standard, ii3RAL6 Enterprise, ReatlyFRaiis gem abte'Mana ent -ATr Equallogic iSCSI Storage Area Network 32Tb 4,516.62 $ "4,516 2,000.00 $ 32,000.00 Total Annual Reoccuring Costs: 5 Year Total Cost: manteouackupt tec/tauforwi Symantec Backup Ex 2010 Agent $ mantes Backup,Exec c10107i Agent for icy roso t SC$LServers hversion upgrade; ; ;. Symantec Backup Exec 2010 Agent for Windows Systems - version upgrade licen Lteit Pou erEdge RS10, Dual Xe2n 6620 c U,.12gb RAM 2x 14 Cab HD 12x'3Tb Ht3,f eduntattt Power $apply, WindowsSersrer,20r3Btt2 Stand rd,1DRAC6 Optio -, vex Costs or Microsoft Exchange Server - ver prise, Read Total nnual Reoccuring Costs: 5 Year Total Cost: 139 $ 40,032.20 $ 920.70 $ 43,715.00 318.87 $ 1.913.22 7,515.58 $ 920.70 $ 21,198.38 the HENALAALASKA DATE: , w2.e\•�. \ ( aeA NAME: la."M' CITY OF KENAI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED MAR 1 8 2011 eravAz CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT, 231 FAX: 283-5068 Resident of the City of' Kenai? i J Residence Address 27 10 U\ 1 How long? Vyas. 341os. Mailing Address OM V347a` A-cc. \N &.l Home Telephone No. 967. 69 0 • 0119 Home Fax No. nl /A 1 Business Telephone No 907. 690 . og 19 Business Fax No, Nk /A Email Address. �a.. esro�., el \Qt \e: \ <a \. >- .:':c.,.tc.,•.n. May we include your contact information on our web page? YVEL) If not all, what information may we include? EMPLOYER: LI-A -S'Pa Lcrr.,S-ncs Gas P NAME OF SPOUSE: Scc.FAA,��ou C.vdx:� Job Title Cro Current membership in organ;7ations: MPSSA,c \.00c{ S•e) •l_, :e - Soc,F.. crf- iu0.,ST \GS tA&KA Past organizational memberships: k-\) sNa,s. JR -'c.4 Caftan. CS'S -cEV•r ZIP-0 V• COMMITTEES O}2 COMMISSIONS IN WHICH YOU ARE INTERESTED: 2c: v.1.4r Svc, 2'M r.&L r'A txs . (Lf c!zcj - ,cm WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? ra' tfL \ ,.r P•r% t S4 ¢,f .1/4k . ,i ■rn)w0 L\k & Jo V. v(k L GM• L.P bran ■N-\S£ cn\C l'a-k1/4 fr.-ce M¢F :G Za A ea Ct. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? — ,-ArEt p -' C Vxes vF 3.>s, a' v . .roa o-c - ge,eS;,a Ps a* r thek.pLi,- t to 'Z.cs.a: s s DATE: L� / I NAME: �lLilry /1D>n l� -i (1/1(4% f,c i 5 CITY OF KENAI "Village with a past -- City with a future." BACKGROUND MW PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS ReCEVED JUN 3 2011 KENAI CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? ye-5 How long? Residence Address 97 Mailing Address 62q/ c_Ke ffx Home Fax No. e G E /Home Telephone No. .2„,1317 s Telephone No Business Fax No. Email Address: .4 4o'/' katd May we include your contact information on our web page? ALL If not all, wha.t in ormation may we include? i EMPLOYER: ✓Ovl Job Title NAME OF SPOUSE: tit 6. ff ie LA 7 F ,i it r F. fi Current membership in organizations' /Il t'u) /J& 1 Ac .k I u c,-P keHo , A5�� 1ltnlnl� Past organizational memberships: F t 24100Sc� l�,n AS�IC� Iv; / +VI(.l11rrieAors? . _.L A.) V - fi,M< r COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: P in �na+nwlk cF nvrL ✓`c:\I `'t erl ,u WHY DO YOU pWANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? q L ,..lnrkeA ii1 1 �c i't -rT (Al, .,'% bc")' -1 Sp .1. U i �Gtnni lc�r � .4/1 r2 •45 iv,c ! rd� in e=n r 1 vic S... V-?_ ileSs'_i.1-F I 0 pvi IGvy.( tic-c=:. e Mi - . rnLi+ ✓JStrerrho D,..:Jc“)...LL he iv,fr(v;-f1v,ci kern f� i'nE.4e c •%i.ii 531-o y Cc . ({E,vd' c4/1 nt u3 rAC. -t V; iie,5 o.vn ✓o. rae+.,s iv Kea , J WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? p‘fiarnre" I rI c(Lle4l.'na LQicJ'�' ✓i9 rr2./4+rOC -±C7 Pc' ‘neyli'Ai l(Z.u.+5 -7 -414_, A. C ,. - - In ✓ -HAP ._ , rxulct �rj.ir� 'ir, k•,() f1/47,4 - .v'� ..nr fr,r 'Fcl 1`>eptt.. c , �-w, - .'-r`O- 6 }'e to h� '�n Vn(VAn( ton 'klna i(, n Vert, vin 111 KENAI,ALASKA v MEMO: "Village witA a Past, Gc y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai,ak.us TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager(" DATE: October 26, 2011 SUBJECT: Lease Amendment— Kenai Nikiski Pipeline, LLC, Proposed Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property 2011. Kenai Nikiski Pipeline, LLC (KNPL) currently holds a 20 year lease for property described as a 26,636 sq. ft. portion of Tract A Kenai Spur Highway, located behind NAPA Auto Parts on Main Street. KNPL wishes to amend its current lease with the City to delete a portion of the lease area to allow for Buccaneer Alaska Operations, LLC (Buccaneer) to proceed with a lease for a portion of the premises. The proposed amendment would establish a proportionately smaller lease area to KNPL depicted as Tract A -1 on the attached proposed replat. This amendment would reduce the area leased by KNPL by 13,599 sq. ft. Buccaneer proposes to pay the surveying costs to replat Tract A into three parcels (A -1, A -2 and A -3) and has submitted an application for a new lease for Tract A -2, a 16,021 sq. ft. area and has provided the attached "Exhibit A." A metes and bounds description will be provided by McClane Engineering prior to the November 2 Council Meeting. The Planning & Zoning Commission reviewed the lease application at its October 26 meeting and found that the amendment was in compliance with the zoning ordinance and the Comprehensive Plan. The Commission voted unanimously to proceed with the amendment concurrent with approval of Buccaneer's lease. KNPL is current in their payments to the City and the Kenai Peninsula Borough. The City Attorney has reviewed the attached First Amendment to Lease and approved it as to form. Should Council approve the Amendment, the original would be forwarded to the Lessee for signature. cc: Craig Chambers, Kenai Nikiski Pipeline, LLC Attachments 142 FIRST AMENDMENT TO LEASE THIS First Amendment to Lease is made as of the day of 2011; by and between the CITY OF KENAI, a municipal corporation (City) whose address is 210 Fidatgo Avenue, Kenai, Alaska 99611, and KENAI NIKISKI PIPELINE, LLC (Lessee) whose address is Attention Field Services, 539 South Main Street, Findlay, OH 45840. WITNESSETH WHEREAS, on November 12, 2010, the City entered into a lease with Lessee for City-owned lands identified a portion of Tract A, Kenai Spur- Airport Lease Property Plat No. 78 -111, NE '/, Section 5, Township 05 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, which lease was recorded at Serial No. 2010 - 010858 -0, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, Lessee has requested an amendment to the Lease to delete a portion of the premises leased to allow for a new development on a portion of Tract A by Buccaneer Alaska Operations, LLC, with whom Lessee has a business relationship; and, WHEREAS, the reduction of the area of the leased premises wilt result in a reduction in rent due after November 1, 2011, with all prior rents due pro -rated to November 1; 2011 under the prior rent. NOW THEREFORE, the parties agree as follows: 1. The premises subject to the Lease as described on page 1 of the Lease is amended to read as follows: An approximately 13,037 square foot area as depicted on Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property, NE Y, Section 5, Township 05 North, Range 11 West, Seward Meridian, City of Kenai; Kenai Recording District, Kenai Peninsula Borough, Alaska (Exhibit A). 143 2. Exhibit A to the Lease is hereby replaced with a new Exhibit A which consists of two pages including an as -built drawing and a metes and bounds description of the new premises leased. 3. Paragraph C.1. of the Lease is amended by adding a new sentence to read as follows: The rent due effective November 1, 2011, shall be $5,990.87 per year, plus applicable sales tax, based on a value of the leased premises of $74,885.90, subject to redetermination in. 2015 and thereafter in five - year intervals pursuant to General Covenant No. D. 9. 4. All rent due prior to November 1, 2011, shall be paid at the prior rent. of $12,240.00 per year and pro -rated to November I, 2011. . Rent due thereafter shall be pro -rated based upon the revised rent herein. 5. Except as expressly modified or stated herein, all other terms and conditions of the Lease as previously amended remain in full force and effect. CITY OF KENAI By: Rick R. Koch Its: City Manager KENAI NIK[SKI PIPELINE, LLC By: Its: First Amendment to Lease Page 2 of 3 L: \Agts \ — Leases \KNPL\F irst.Amend.10261 1 144 ATTEST: Name Title Approved as to form: Kresta S. Stearns City Attorney State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of 2011, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: First Amendment to Lease Page 3 of 3 L:'Agts\-Leases\KNPL\FksLAmend. 1 02611 145 State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of 2011, by , the of Kenai Nikiski Pipeline, LLC. a Delaware limited liability company, on behalf of the limited liability company. RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Notary Public of Alaska My Commission Expires: First Amendment to Lease Page 4 of 3 L: \Agts \— Leases\.KNPL\Firsf. Amend.102611 146 CFRORCATF OF UWNEQHHIP AND UFOCATION 1 F ca, Qy 1 *+n 130 n IX Yh11 "'et' Mn un and Aaa,a1A6 hataa. and that I AY 44.0 Yia Wm t 031:3 Vw. camaalt afotlAals oI 1wla- o] -vay .<a to w,i.i n.. -d yv,t m awsmwlb lc the arc or X000 +TARYL_ 313 WL WQLMC)fl S...11.1 am 11.0.0 6.lo.a ma m® y of 2000. FM, Rvox: le. N., 0.101 tel C4I AnlI3 PLAT..gepjifiyg}- ' fa. nas apWOV.y 0, 00110DIII 0001.511:A 830:.10- itiLii::QW12Y0l. al O. me .a V .Ian Is. :ma. °n \ At 11,1131,011/0.651A 23:A* zi A -1 13.37SF¢3oAC TRACT 8 -1 KN -96016 NOTE@ 10 emw ao .�0. e ..t 1100.11 +.n v +n,. «„ .u1 0721101Aa[W '6y slate of u 1@'o,wimeni of uo.ap,.to,wp 000 t3,m13eooxca 3 ) 0 1 0. 3 0. 0. 10 0 . 0 . 41 41 1 0 0 0 11 0 3 4 11 30 0030. wt n Ian .wv Mn.a. x111. Na .3 1, of a a111Y 6 301100 43 &A10AL UT 0100 - 330.0114 unt. 0 boci 0.011 R. =rt 6 am all al U.1a>i, acnta-of- 0010 a nsu stm13pry T0Sap31a41400 re 30{101 \ 40 A -3 ( 'aY Q 4 KN -1531 ' \71- \5 LOT 1 REPLAT TRACT A" KENAI SPUR-AIRPORT LEASE PROPERTY M' KENAI 311Ft0 00 AVE AA AK a11011 WO 'OW 1 -0s Al 5(01 3. 0 wv0C10, OF NND °XC tx N4 1 MD PAGE 10F 2 A parcel of and situated in Section 5, Township 5 North, Range 11 West, Seward Meridian; In the Kenai Recording District, State of Alaska, more particularly described as follows: Commencing at the northeast corner of Tract "C" Kenai Spur- Airport Lease Property KN 78 -111. Thence course 5 47- 29'-00" W along the southeasterly property boundary of said Tract "C ", distance 163.48' to the Point of Beginning. Thence Course 5 51 -10 -39 E Distance 69.41 ft. Thence Course N 83 -49 -21 E Distance 22.42 ft. Thence Course N 51 -10 -39 W Distance 87.64 ft. to a point on the center of a 30' access easement, per Book 0550 Page 316 Course: N 47 -29 -00 E Length: 45.52 Thence Course S 43 -29 -37 W Distance 84.57 ft. along said easement to the northerly R.O.W of Main Street Loop, Thence along a curve to the northwest along said R.O.W, Distance 152.14 ft. , Radius: 1386.2; Thence along a reverses curve to the northeast a Distance 35.48 ft., Radius 20.00 ft.; Thence Course N 47 -29 -00 E Distance 45.52 ft. to the Point of Beginning Thence encompassing 13,037 sf. 0.30 ac. TO BE ADDED WHEN AVAILABLE: EXHIBIT A PAGE 2 OF 2 KENAI NIKISKI PIPELINE, LLC METES AND BOUNDS DESCRIPTION 148 KNPL FIRST LEASE AMENDMENT 149 PENDING APPROVAL COUNCIL ON AGING MEETING OCTOBER 13, 2011 KENAI SENIOR CENTER 4:30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. Chair V. Geller, J. Hollier, M. Milewski, L. Nelson L. Flowers, M. Necessary, B. Osborn Senior Center Director R. Craig, Council Member M. Boyle ITEM 2: AGENDA APPROVAL MOTION: Member Nelson MOVED to approve the agenda as presented and Member Hollier SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- September 8, 2011 MOTION: Member Milewski MOVED to approve the meeting summary of September 8, 2011 and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS -- None. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Heated sidewalks and slab under canopy for CDBG Grant Resolution Senior Center Director Craig reviewed a draft resolution and noted she would like to apply for a CDBG Grant. General discussion occurred. MOTION: Member Milewski MOVED to accept the resolution and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. 150 6 -b. Discussion -- "Reservation" for tables in dining room Craig reported people were placing reserved signs on tables and other people were upset about this. General discussion. occurred. Craig noted she would put an article in the newsletter regarding the decision. MOTION: Member Milewski MOVED to not allow reserved signs in the dining room and Member Nelson SECONDED the motion.. VOTE: 1 HoHier NO Flowers ABSENT Necessary ABSENT Milewski YES Geller YES Osborn ABSENT Nelson YES MOTION PASSED. ITEM 7: REPORTS 7 -a. Council on Aging Chair -- Geller reported she would prepare a get -well card for Member Osborn and asked the Council Member Boyle about the Assisted Living Project. Mayor Porter answered. 7 -b. Director -- Craig reported on the Mystery Dinner Theatre on November 18 and 19, and the Garage Sale on November 2 - 4, 2011. 7 -c. Council Liaison -- Boyle reported it was nice to be back in Kenai and thanked the council for their care package. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. November 10, 2011 No members requested an excused absence. ITEM 9: QUESTIONS & COMMENTS -- None ITEM 10: PERSONS NOT SCHEDULED TO SE HEARD -- None. ITEM 11: INFORMATION -- None. ITEM 12: ADJOURNMENT 151 COUNCIL ON AGING MEETING OCTOBER 13, 2011 PAGE 2 MOTION: Member Horner MOVED to adjourn and Member Nelson SECONDED the motion. There were no objections SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:35 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 152 COUNCIL ON AGING MEETING OCTOBER 13, 2011 PAGE 3 PENDING APPROVAL KENAI AIRPORT COMMISSION OCTOBER 13, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. ITEM 2: Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, R. Rogers, L. Porter E. Mayer Airport Manager M. Bondurant, Administrative Assistant E. Shinn AGENDA APPROVAL Knackstedt suggested switching items 5 and 6 due to the guest speakers. MOTION: Commissioner Bielefeld MOVED to approve the agenda as amended and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: 3 -a. 3 -b. August 11, 2011 APPROVAL OF MEETING SUMMARY September 8, 2011 MOTION: Commissioner Zirul MOVED to approve the meeting summaries of August 11 and September 8, 2011 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Airport Regulations -- Chapters 6.05.010 -- 7.05.040 Airport Manager Bondurant reported the commission reviewed chapters 6.05.010 through 7.05 -040 and noted comments and changes would be included in the draft 153 document for Administration review. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Airport Obstruction Tree Removal Project John Sounders, Aires Consultant, and Casey Madden, Wince, Corthell & Bryson gave the Commission an update on the obstruction. clearing. General discussion occurred. Bondurant noted a draft plan would be available in approximately 1 month. 6 -b. Discussion -- Airport Master Plan Sounders and Madden reported on the master plan process, noting the project would take approximately 18 months. Administration would be establishing an advisory committee for assistance and review. ITEM 7: REPORT 7 -a. Commission Chair -- No report. 7 -b. Airport Manager -- Bondurant reported on the annual snow removal meeting, the upcoming work on the Airport Emergency Plan, and training she and Shinn had attended in Anchorage. 7 -c. City Council Liaison -- No report. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. November 10, 2011 -- Commissioner Zirul noted he would not be attending, and Commissioner Porter noted he may be unavailable. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Porter requested the status on the electric gate. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 11: INFORMATION ITEMS 11 -a. Airport Manager's Reports 11 -b. Special Use Permit -- CONAM Construction Company 11-c. September 2011 Float Plane Basin Activity 11 -d. September 2011 Enplanements 11 -e. Airport Report Today ITEM 12: ADJOURNMENT 154 AIRPORT COMMISSION MEETING OCTOBER 13, 2011 PAGE 2 MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 155 AIRPORT COMMISSION MEETING OCTOBER 13, 2011 PAGE 3 STA SOFA DEPT. OF ENV RONMENTAL CONSERVATIO DIVISION OF WATER MUNICIPAL GRANTS & LOANS PROGRAM Mr. Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 October 26, 2011 RE: Grant Application Eligibility - Approval Kenai - Water Transmission Main Phase I11 ADEC Grant No. 47552 - Pending Dear Mr. Koch: SEAN PARNELL, GOVERNOR 555 Cordova Street, 4m floor Anchorage, AK 99501 -2617 Phone: (907) 269 -7502 Fax: (907) 269 -7509 I have reviewed the grant application dated October 25, 2011, and find the scope of work and project costs eligible for participation under the referenced grant. The full requested grant amount of 81,557,000 at 70% ADEC participation has been recommended to our Juneau Office. The application will be processed in Juneau, and at that time, a formal grant offer will be prepared and sent to you for acceptance. This project will design and construct approximately 2,500 linear feet of 10 -inch distribution main, replace approximately 3,200 linear feet of failing 10 -inch AC pipe, install needed appurtenances, and provide other related upgrades. This work is needed to replace failing AC pipe which is the sole connection to the water production facilities meeting the EPA arsenic rule, add redundancy to the system, and extend service to residential areas served by wells contaminated with arsenic. Thank you for your grant application, and please call me at 269 -7611 or email beth.verrelli@alaska.gov if you have any questions. Sincerely, Beth Verrelli Project Engineer cc: Scott Forgue, P.E. /ADEC - DW /Soldotna (electronic copy) 156 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: NOVEMBER 2, 2011 VENPOR ASPHALT MARKING SERVICE YUKON EQUIPMENT TAURIAINEN ENGINEERING INGRAM LIBRARY SERVICES 01 DESCRIPTION DEPT. AC COupin PAINT HOLD LINES CYLINDER, SEAL, 0-RINGS SANITARY SURVEY INSPECTION BOOKS AIRPORT SHOP WT ER LIBRARY REPAIR & MAINTENANCE OPERATING SUPPLIES PROFESSIONAL SERVICES BOOKS AMOUNT 2,568.50 3,225.41 3,200_00 4,000.00 2012 Alaska Gaming Permit Application Organization Information DEPARTMENT USE ONLY Validation 4 Date Stamp 826 ..rat EIN _-0100 / • eanizaton Name 1 r �g a c'feI'fr/ P",re7 II renewing, enter gaming permit# / i P one Number 07 -a + ? ,'413 ' Fax Number 90 -,2 3- ' 70 I °� (1 i• d��°oadez rin Websfte Address p i K•I1+ &c at 0, or 0. Mapg Address y► GF tr &ee City , State K �tV / AK Zip +4 °! ;, /e ..2/// Entity Type( ck one) Organization Type (check one) for definitions see AS 05.15.590 and 15 AAC 160.995, Corporation ❑ Charitable ❑ Fraternal ❑ Poke or hie department 0 or service ice ❑Labor � ❑ PDGliwl ❑ Dog mushers' association ❑ Muniupality ❑ Religious $Educational ❑ Nonprofit trade assobahon ❑ Veterans ❑ Fishing derby association ❑ Outboard motor association ❑ IRNNative Village ❑ Partnership 1 ❑ Association Yes ❑ No Does the organization have 25 or more members who are Alaska residents as defined in your articles of incorporation or bylaws? Members in Charge of Games Members in charge must be natural persons and active members of the organization or employees of the municipality and designated by the organization. Members in charge may not be licensed as an operator, be -a registered pull -tab vendor or an employee of a vendor for this organization. If more than one alternate, attach a separate sheet. Pri ember First Name � �n .I - Pri ry Member Last Name .vxrer AI am fie Member First Name M.I. I A mate Member Last Name •ern Social Secoty ber - Date /Sooke,j Email ` T13ool'eL htV/ /.CO nodal Secudb• NumbgL Email alien ®Kdllrad:o,o M bile Number 07- X95 - <.3 Daytime Phone Number 907-163" r-7/3 Daytime Phone Number 907- 39if8090 Mobile Numbers 3 90 7-3 ?Li- ayo Home Manna Add , e emu. 1 me Meiling Address i / 7 6 City �� fi►i C� l State AK Zi 4 i9t I/—!5 f / City � � 1 Has the ahemate member passed Net I? Yes State AK ❑ No Zi 4 qql to l i- Permit #under which taker: a 9, i OY•0fry lest was Has the primary member passed etest? Yes ❑ No Pennil4u tler which testwas taken: / Legal Questions These questions must be answered, If you answer Yes to either question, see Instructions. ❑ YesNo Does any member of management or any person who Is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.954? ❑Ye No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state, or another jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? We declare, under penalty of unsworn falsification, that t have examined this application, including any attachments, and that, to the best of our knowledge and belief, 7 is true and complete. We understand that any false statement made on the application or any attachments is punishable by law By our signatures below we, the •rimary member, the alternate member, and if applicable, the manager of games, agree to allow the Department of Revenue to review any criminal history we may ave, in c • •: nee with 15_C 160.934. ",ry "• Ir`��,�r ,� IR it . ;a ❑ Printed Name Prime. :ame + j Date 1�' t j Adis IV rotherotr*- s.ignat �... ) , ,t.. . SR- r o Date l Alta/QM. Prin • r • ame 6�e Date •0• : :. , . Prin:, oiejf n Ad if i�'1 /311 C- Dat Mail to: ALASKA DEPARTMENT OF REVENUE TAX DIVISION - GAMING GROUP PO BOX 110420 JUNEAU AK 99811 -0420 Phone 907.465 -2320 • Fax 907 -465 -3098 826 One copy of he completed application must be sent to the nearest municipality or borough, See instructions for mandatory attachments. Pay online with OTIS at wwwlex.alaska.gov or make check payable to State of Alaska. New applicants must pay by check. Retain a r, o yrgor your records Permit Fee The permit fee is based on the 2011 es imated gross receipts, Check the appropriate box. ❑ New applicant $20 ❑ 50 - $20,000 $20 120,001 - $100,000 550 ❑ 5100,001 or mare $100 0405 -826 Rev 08/11 • Page 1 2012 Alaska Gaming Permit Application Gaming Permit ti f313 0 anication Name dcieie 14111 Pf1bP acic�s�," Facilit -Based Games (self- directed) If more than Iwo facilities, attach a separate sheet. 826 Faili Name c4, D. s Physical Address I2/ % X : Spar S-te 103 City r le 1 State AK Zip +4 9q &t'1 Facility Type (chec( one) Game Type (check all that apply) ❑8ngo`+ Raffle ❑Pull - tabs ❑ Animal classic (chicken)'❑Animal classic racer ❑Spaeial draw raffle" ❑ Calcuttapoor` ❑Owned eased ❑Donated Facility Name Physical Address I City (State j AK Zip +4 Facility Type (check one) L] Owned Leased E) Danatad Game Type (check alt that apply) ❑ Bingo ❑ Raffle ❑Pull-tabs DAnimal classic (chicken)• ❑Animal classic (rat race)' ❑Special drew raffle "❑ Calcutta poop• Area -Based Games 11 more than two areas, attach a separate sheet. ;Area !Game type (check all That apply) j ❑ Raffle ❑ Contest of skill 0 Fish derby ❑ Dog musher contest ❑ Classic (specify) * restricted game type "see instructions for mandatory attachments Area Game type (check all that apply ❑Raffle ❑ Contest of skill LiFish derby ❑ Dog musher' contest ❑Classic(specify) Manager of Games Required only for self- directed pull -tabs and bingo. [Manager First Name MI Manager Last Name Social Security Number Daytime Phone Number Home Mailing Address Email Mobile Phone City Zip +4 Has the manager of games passed the test? ❑ Yes ❑ No Permit 4 under which test taken Vendor Information Attach 2012 vendor registration forms) and fee(s) for each vendor listed below. Bar or Liquor Store Name rh t 8 0 a) Physical Address 5©z Sr !1y , h City . ri edka7l Stale AK Ziiy+ 7 94 ll Be/or-liquor Sfore Na a Ogle ParKers Physical Address 3(C /C' kenblt 5)5(.t� Cit hid ©hGO) h7 Stale AK Zi +4 �7inlp 9 Bar or Liq tore Name Physical Address City State AK Lp +4 Bar or Liquor Store Name Physical Address City State AK Zip +4 Bar or Liquor Store Name Physical Address City State AK Zip +4 Operator information Designate operator who will conduct activities on the organization's behalf. Attach signed operating contract(s), It more than one operator, attach a separate sheet. Operator license tt Operator Facility Name Game Type(s) Physical Address City Slate Zip +4 Multiple- Beneficiary Permittee Information (MBP) Designate the MBPwithwhich the organization has signed a partnership or joint venture agreement. MBP Permit 4 MBP Name Facility Name Game Type(s) Physical Address City State 'ZIP 4.4 i Dedication of Net Proceeds Descnbe in detail how the organization will use the net proceeds from gaming activities. 826 T 5upfor'I- +he ec(vc?24 erxa/ - ac1;vines of K b1.1. wcnciio 4 ,eaer-aI a FetafI`nq Retain a cgpr/for your records , 0405 -825 Rev 08/11 • Page 2 2012 Alaska Pull -Tab Vendor Registration A registration is required for each vendor location. A pemtihee may not contract with more than five vendors at one time. Permittee information 854 it your usrness has not been issued a fedora! ElN, you any requlmdto pmvide your social security number These questions must be answered, tf you answer Yes to any question, please submit the person's name, date of birth, social security number and position of responsibility, 0 Yes lL No Has any member of management or any person who is responsible for gaming activities eve/ been convicted of a felony, extortion, or a violation of law or ordinance of this state, dP'anather jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? ❑Yes Wilo Doyouamploy or have a contract with the primary or alternate member in charge, officer, board member or manager of gaming for the above organization? C3 Yes to Do you have a contract other than a vendor contract width the organization listed above? Vendor Contract to Sell Puli•Tabs Pursuant to AS 05.15,188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull -tabs an behalf cf the permittee of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h), The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pun -tab series. AS 05.15.188(1). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that a prize winner summary tone wit be completed for each pult-tab game and retained with those winning pull -tabs AS 05.15.187(1); and these records of pull -tab winners wit be given to the permittee to retain for the required two or three years. AS 05:15.187(f). His further agreed that It is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull -tabs, then all unopened and opened pull -tab games shall be returned to the permittee within 10 days. If the penniUee loses the privilege to conduct gaming activities, then ail unopened and opened pull -tab games must be treated In accordance with 15 AAC 160.490. We declare, under penalty of unworn falsification, that we have examined this application, including any attachments, and that, to the best of our knowledge and elief, it is true and complete. We understand that any false statement made on the application or any attachments is punishable by law Vendor Signature in gn� re Registration Fee is $50 Mall to: Pay online using (0715) at wwwdax,alaska.gov or make your check payable to the State of Alaska. This completed registration form must be attached to a permit application form and will not be processed until the fee Is received. 454 Pn Name K tot, 'Actc LPe !Pig flame ,^ 4 (ix/ 1 P ALASKA DEPARTMENT OF REVENUE TAX DIVISION - GAMING GROUP PO BOX 110420 JUNEAU AK 99811-0420 Phone 907465.2220 • Fax 907.465- 3098 Retain a copy for your records 160 I Date 1 /b --N - I( /0- `-/ -/1 DEPARTMENT USE ONLY Validation# Date Stamp 0405 -854 • Rev 08/11 Fe'raI EIN ` ^/�--7 / 'o/0O I !7 Gaming permit i- ! Ppermitttee Name �p / (7 iaGl': B'fo_/ P) r^L9 �.g8 � � � P .rte Numb�%%{{ / %—d. 3 —�1-r '7�3 Me 'I r .er'n Charge , J ter °-- mbar In Charge Phone Numb -i mb' �0% ° 3--b"2f33 Vendor Information Fedara„��Ily� orsooclal ecurjty yum 0 7 Beverage Dispeerilse p I Pack e Sc, re Lic..e, se # 4 d V fn �j z) e I 'l I_ to Business License / 7 BuginB s Naelk° ((�� r --)P2) !Q. v �e rx Pone Numh r I F Number �07-,�Ll-e47© i o1 -aka -S 75/ Aggress ,(r P IAtl irea cf Vendor lion a , ui CitY o Idol hr +41649 CI e !aca° ©/Ltiti YI n 1StAK Zi .4 it your usrness has not been issued a fedora! ElN, you any requlmdto pmvide your social security number These questions must be answered, tf you answer Yes to any question, please submit the person's name, date of birth, social security number and position of responsibility, 0 Yes lL No Has any member of management or any person who is responsible for gaming activities eve/ been convicted of a felony, extortion, or a violation of law or ordinance of this state, dP'anather jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? ❑Yes Wilo Doyouamploy or have a contract with the primary or alternate member in charge, officer, board member or manager of gaming for the above organization? C3 Yes to Do you have a contract other than a vendor contract width the organization listed above? Vendor Contract to Sell Puli•Tabs Pursuant to AS 05.15,188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull -tabs an behalf cf the permittee of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h), The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pun -tab series. AS 05.15.188(1). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that a prize winner summary tone wit be completed for each pult-tab game and retained with those winning pull -tabs AS 05.15.187(1); and these records of pull -tab winners wit be given to the permittee to retain for the required two or three years. AS 05:15.187(f). His further agreed that It is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull -tabs, then all unopened and opened pull -tab games shall be returned to the permittee within 10 days. If the penniUee loses the privilege to conduct gaming activities, then ail unopened and opened pull -tab games must be treated In accordance with 15 AAC 160.490. We declare, under penalty of unworn falsification, that we have examined this application, including any attachments, and that, to the best of our knowledge and elief, it is true and complete. We understand that any false statement made on the application or any attachments is punishable by law Vendor Signature in gn� re Registration Fee is $50 Mall to: Pay online using (0715) at wwwdax,alaska.gov or make your check payable to the State of Alaska. This completed registration form must be attached to a permit application form and will not be processed until the fee Is received. 454 Pn Name K tot, 'Actc LPe !Pig flame ,^ 4 (ix/ 1 P ALASKA DEPARTMENT OF REVENUE TAX DIVISION - GAMING GROUP PO BOX 110420 JUNEAU AK 99811-0420 Phone 907465.2220 • Fax 907.465- 3098 Retain a copy for your records 160 I Date 1 /b --N - I( /0- `-/ -/1 DEPARTMENT USE ONLY Validation# Date Stamp 0405 -854 • Rev 08/11 2012 Alaska Pull -Tab Vendor Registration A registration Is required for each vendor location. Ape ttee may not contract with more than five vendors at one time. Permittee Information 854 Fe I EIN - 0/007/7 Gaming permit?; t3 )3 P rmittee Name icieh Pi Pobl, c groadeo %4;f P /e'IyYrr7mbe .5, . l.' [ ` � - G7 �� Mem in O;h rge a �'1= %t n LtX / e r m 1tsrer in Charge Phone Num)ber (17 3 Vendor Information - Fence /IN SocibenthIlbeei Beverage Dis jary License # Package Store License # OwgerfNaE r 1° ,l t G-a / A ,, �r, /i Business License of 7 5, / 9. 7 Busines� r ce) Pone Number I Fax Number 073 634 i Mailing A.ddG,l�ss 2 s, t„ / h Physic ( Address of Vend Locationn/. f , City �C.a—/ �I \ zip +4 / %E'4 ( City ,oIyend Z tlti / SIAK Zip +4996 1l Legal Questions 'If your business has not been issued a federal EIk you are required le pmmNtle your social security number These questions must be answered, If you answer Yes to any question, please submit the person's name, date of birth, social security number and position of responsibility. ❑Yes8/No Has any member of management or any person' who Is tesponsibie for gaming activities ever been convicted of a felony, extortion, or a violation of law or ordinance of this state, onemolher jurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? ❑Yes No Do you employ or have a contract with the primary or altemate member in charge, officer, board member or manager of gaming for the above organization? 0 Y s No Do you have a contract other than a vendor contract with the organization listed above? Vendor ontract to Sell Pull-Tabs Pursuant to AS 05.15.168, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull -tabs on behalf of the permivee, L of the ideal net of each game may be retained by the vendor as compensation, Pemmidee must receive at least 70% of the Ideal net from each game. AS 05.188(h). The vendor further agrees that an amount equal to the Ideal net, less the compensation owed to Be vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull -tab series. AS 05.15.188(1). It is further agreed lhai the vendor will ensure pull -tab winners of $50 or more will complete prize receipt forms; that a prize winner summary fond will be completed for each pull -tab game and retained with those winning pull -tabs AS 05.15.187(0; and these records of pull-tab winners will be given to the permittee 10 retain for the required Iwo or three years. AS 05.15.187(0. It is further agreed that it is the vendors responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable slate statutes and regulations. His further agreed that, A the vendor is no longer eligible to sell pull -tabs, then all unopened and opened pull -tab games shall be retumed to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160.490. We declare, under penalty of unsworn falsification, that we have examined this application, including any attachments, and that, to the best of our knowledge and eller, It is true and complete. We derstand that any false statement made on the application or any attachments is punishable by law. Pri -• Name k. AAi Registration Fee is $50 Pay online using (0715) al www.tax.alaska.gov or make your check payable lo the State of Alaska. This completed registration form must be attached to a permit application form and will not be processed until the fee is received. 854 II to: ALASKA DEPARTMENT OF REVENUE TAX DIVISION - GAMING GROUP PO BOX 110420 JUNEAU AK 99811 -0420 Phone 907 -465 -2320 • Fax 907 -465 -3096 Retain a copy for your records 161 DEPARTMENT USEONLY Validation # Date Stamp 0405 -854 • Rev Oef11 DATE: NAME: b � g/ c 1!l('ip CITY OF NAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED 0 C T 17 2011 iw C C RK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 HONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? 24:7 Residence Address ,26l / gottl iI ,4797,-[6,- How long? t? Y '`J Mailing Address 94 /2`(' BONj'4c e< _ "2/9i -1E7, /�-p,Y/, k W4/// Home Telephone No. '. -' i/5 2- Home-Fax-No. Business Telephone No Ct.ic l' /1/4-e` :?q�'- �.S/3r Busirresslfal No.'- Email Address: burry _e° /4 -4 -,, 'n//r- 6w) ,y 4 4' . cor . May we include your contact information on our web page? ALL If not all, whatgfnformation may we include? Y3 EMPLOYER: i Pc--77g LW NAME OF SPOUSE: fret fli ip /) . L' f) Curse Job Title ership in organizations: i i / / /f'Weeir/ _ criez, P4 19 Pa 1% if(74 "1741 4 tie =-rrr rganizationalrnemberships: 2173 144. ,h-7,7-> r Y C(5 �U) r COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: /ivn.i,L., in.4- 11i�h.r�_.�I+^,r>rss�nc� WI-7 DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 4,7i /I)rI54 .y' S,'-W ita2 Chi Ca) -p5r, s:/dal e/a /,�9... / Ywiy`%Z_ fl•5 d 'mgrn,*s (R;,;✓L "1V ;SF7&, -• Ej,tt - J TU .L� -7r* �r7Y C�r:a,.C.rL Wn L3 �i hlK WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMJvUISSION OR COMMITTEE ME RSHIP ?, If1=}r"CW ,t,/7rh✓ 7-F Kc7wY/ Y Vs 7:147- ht4 -dicf- kr%✓.r/ �ty Ou72 -. c2/ vrYno; = ti-N'ot er-• d 2 / The /fifri-te 6'z. '5/& : arsaz/i• -r,._ ,4h Ciis0i/ +',<'rria✓- ;CSC)/ "2 Signature 162 NOTICE OF PUBLIC HEARING NOVEMBER 2, 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. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH) 2. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Teiui of Office 2 -a. Substitute Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 1.90 Standard Procedures for Boards, Commissions and Committees, to add a New Section 1.90 -015 Entitled "Recruitment for Boards, Commissions and Committees," Requiring Public Advertisement. 3. Ordinance No. 2588 -2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 4. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant 5. Ordinance No. 2590 -2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant 6. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant 7. Ordinance No. 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant 8. Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation 9. Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil 10.Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund 11.Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by S100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation 12. Resolution No. 2011 -72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area 13.Resolution No. 2011 -73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - October 2011. 14.Resolution No. 2011 -74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013 15.Resolution No. 2011 -75 -- Authorizing the City Manager to Enter Into a Lease of Tract A -2, Kenai Spur Airport Lease Property, T 5N R 1 1 W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to Attached Preliminary Plat, with Buccaneer Alaska Operations, LLC. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: Octobev 28, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF NOVEMBER 2, 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. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH) 2. Ordinance No. 2588 -2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund 3. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant 4. Ordinance No. 2590 -2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant 5. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant 6. Ordinance No. 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant 7. Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation S. Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by in the Senior Citizen Fund for a Donation Received from Marathon Oil 5,000 9. Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund 10.Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation 11. Resolution No. 2011 -72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area 12.Resolution No. 2011 -73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - October 2011 13.Resolution No. 2011 -74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013 14.Resolution No. 2011 -75 -- Authorizing the City Manager to Enter Into a Lease of Tract A -2, Kenai Spur Airport Lease Property, T 5N R 1 1 W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to Attached Preliminary Plat, with Buccaneer Alaska Operations, LLC Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: November ,3, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 2, 2011 7:00 P.M. \y/ KENAI CITY COUNCIL CHAMBERS htto://www.ci.kenai.ak.us ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH). 2. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office. 2- a.Substitute Ordinance No. 2587 -2011 — Amending the Kenai Municipal Code, Chapter 1.90 Standard Procedures for Boards, Commissions and Committees, to add a New Section 1.90 -015 Entitled "Recruitment for Boards, Commissions and Committees," Requiring Public Advertisement. 3. Ordinance No. 2588-2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 4. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant. 5. Ordinance No. 2590 -2011 — Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant. 6. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant. 7. Ordinance No. 2592-2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant. 8. Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation. 9. Ordinance No. 2594-2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil. 10. Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund. 11. Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation. 12. Resolution No. 2011-72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 13. Resolution No. 2011-73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals — October 2011. 14.Resolution No. 2011-74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Fundino PUBLISHF,R'S A UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece Sso being first duly sworn, on oath deposes and says: That 1 am and was at all times here i❑ 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 496546 a printed copy of which is hereto annexed was published in said paper one each and every day for consecutive day one successive and following dates: October 31, 2011 in the issues on the X .P.e-r"n,tat SUBSCRIBED AND SWORN to me before lot day of Nav'mhrr -)(II1 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26 :Aux -12 FIDAV IT AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto://www.ci.kenatak.us ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (114). 2. Ordinance No. 2587 - 2011 -- Amending the Kenai Municipal Code, Chapter 14,05, Planning and Zoning Commission, to Add , a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission" Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office. 2- a.Substitute Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 1.90 Standard Procedures for Boards, Commissions and Committees, to add a New Section 1.90 -015 Entitled "Recruitment for Boards, Commissions and Committees," Requiring Public Advertisement. 3. Ordinance No. 2588.2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 4. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant. 5. Ordinance No. 2590-2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant. 6. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761.650 in the Kenai Industrial Park Capital Project Fund for a State Grant. 7. Ordinance No, 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant. 8. Ordinance No. 2593-2011 -- Increasing Estimated Revenues and Appropriations by $2.500 in the General Fund for Library Travel and Transportation. 9. Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil. 10. Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund. 11. Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation. 12. Resolution No. 2011-72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 13. Resolution No. 2011-73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - October 2011. 14.Resolution No. 2011 -74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013. 15. Resolution No. 2011 -75 -- Authorizing the City Manager to Enter Into a Lease of Tract A -2, Kenai Spur Airport Lease Property. T 5N R 11W Section 5, Seward Meridian, Third Judicial District, State of Alaska. According to Attached Preliminary Plat (The Property), with Buccaneer Alaska Operations, LLC. ITEM G: NEW BUSINESS 1. Ratification of Bills. 2. Approval of Purchase Orders Exceeding $15,000. 3. `Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the. Suburban Residential (RS), Suburban Residential 1 (Rsl), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts, 4. *Ordinance No. 2598 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund - Police Department by $25,000. Parks Department by $14,500, and Streets Department by $31,500 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. 5. `Ordinance No. 2599 -2011 -- Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Information Technology Capital Project Fund for Citywide Information Technology Upgrades. 6. Action /Approval -- Appointment to Commissions /Committees. 7. Action /Approval -- Lease Amendment - Kenai Nikiski Pipeline, LLC, Proposed Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property. EXECUTIVE SESSION -- -- to give direction to the City Attorney regarding financial issues, the disclosure of which could have a financial impact upon the City -- City Clerk Contract. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http : / /www.ci.kenai.ak.us. Corene Hall. Deputy City Clerk D931/211