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HomeMy WebLinkAbout2011-12-07 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: C_, / i7 , t 1 Mayor Council - 4 packets - Clerk 74 City Manager k City Attorney Finance p4*-- Library Fire Department V- . Cunningham Kebschull Student Rep. hL Hall Binder Clarion pl- KSRM 01- Mellish Schmidt P( ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish It Schmidt pick up their packets in the Clerk's Office. 1 COUNCIL MEETING OF: t_.��' {'� (��/i/Ltke. 7 -( 1 i M M M S V MOLLOY i BOYLE ,, BOYLE PORTER Y PORTER DALY y DALY P \J BOOKEY NAVARRE I f BOOKEY GABRIEL nl MARQUIS V BOOKEY f Y MARQUIS \/ i M M S V MOLLOY 1 `` i BOYLE ,, BOYLE PORTER Y PORTER DALY y DALY NAVARRE \J BOOKEY GABRIEL I ,4 BOOKEY NJ / nl MARQUIS V BOOKEY Y i Page 1- M M S V MOLLOY , 0 i BOYLE 4t\j BOYLE PORTER I PORTER DALY DALY NAVARRE y BOOKEY GABRIEL V ,4 BOOKEY Y nl MARQUIS ,, �+ BOOKEY Y Page 1- M M S V MOLLOY MOLLOY i BOYLE BOYLE PORTER I PORTER DALY DALY NAVARRE y BOOKEY GABRIEL y ,4 BOOKEY Y nl MARQUIS ti 1 BOOKEY Y M S M S V MOLLOY i BOYLE DALY PORTER iJ DALY 1 BOOKEY NAVARRE ,4 GABRIEL nl BOOKEY Y MARQUIS \/ M S V MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY MARQUIS DECEMBER 7, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ADD TO: ITEM D -1 NONE. ORDINANCE NO. 2587 -2011 Email from John Landua Email from Patricia Falkenberg Email from Kristine Schmidt CONSENT AGENDA REQUESTED BY: Council Member Molloy AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 7, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to Persons may give their time over to another single speaker present may speak for more their own and on others' behalf.) three (3) minutes per speaker. speaker present, however no than 30 minutes combined on *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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. John Bost, Mikunda Cottrell -- (Requested 20 minutes) -- FY2011 Comprehensive Annual Financial Statements 2. Janna Hancock, Christian Mission Ministry -- Overview of Possible Services to the Kenai Area 1 C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 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 10 (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6:00 p.m.) 2. Ordinance No. 2587 -2011 Substitute C -- 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 Confaniation of Commission Members, and Defining the Term of Office 20 3. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter Equipment from Government Computer Sales, Inc 26 4. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per Annum for Financing of the Sale of City -Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc 31 5. *Liquor License Renewal 42 • Uptown Motel /Louie's -- 1859 • Uptown Motel /Back Door Lounge -- 2237 • Acapulco Mexican Restaurant -- 4740 • Wal -Mart Supercenter #4474 -- 4878 E. MINUTES 1. *Regular Meeting of November 16, 2011 46 2. *Work Session Notes of November 28, 2011 53 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. Bills to be Ratified 54 2. Approval of Purchase Orders Exceeding $1 5,000 55 3. *Ordinance No. 2600 -2011 -- Increasing Estimated Revenues and Appropriations by $2,285 in the General Fund for Training Funds Provided by the Alaska Police Standards Council 56 4. *Ordinance No. 2601 -2011 -- Increasing Estimated Revenues and Appropriations by $46,000 in the Personal Use Fishery Capital Project Fund 58 5. *Ordinance No. 2602 -2011 -- Increasing Estimated Revenues and Appropriations by $618.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City Of Kenai 60 6. *Ordinance No. 2603 -2011 -- Amending Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property" by Adding a New Section "Property Tax Credit - Residential Sprinkler Systems," to Provide a Tax Credit to Owners of Residential Structures Who Install Certain Qualifying Sprinkler Devices 62 7. Action /Approval -- Reappointment to Commissions /Committees 68 8. Action /Approval -- Appointment to CIRCAC 69 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 70 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 71 6. Planning and Zoning Commission 7. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk 74 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION - None Scheduled. M. PENDING ITEMS 1. 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 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. (Clerk's Note: At its November 16, 2011 meeting, the Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.) N. ADJOURNMENT ****************************************************** * * * * * * * * *** **** * * * * * * * * * * ****** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 75 2. Budget Transfer in Capital Projects in Excess of $5,000 76 3. 2012 Alaska Gaming Permit -- Fraternal Order of Eagles Aerie #3525 77 CMM CITADEL A Christian Mission Ministry outreach proposal Christian Mission Ministry 200 Campbell st. Box 66 Elmdale Ks. 66850 www .christianmissionministry.com 1 TABLE OF CONTENTS Page 3 What We base The Needs On Page 4 Proposal Introduction Page 5 Citadel programs Education Job Counseling Housing Assistance 10 Step support Family Reconciliation Community Networking Urban Renewal Follow Up Community Kitchen Page 7 CMM Staff Page 8 CMM Board of Directors CMM Citadel Board of Directors Page 9 Admissions 2 What We Base the Need On 50% of marriages will fail 74% of high school drop outs come from broken homes 31% of high school students will drop out, 50% in larger cities 97% of high school drop outs used drugs or alcohol prior to dropping out of school. 80% of prison inmates come from broken homes. 82% of prison inmates are high school drop outs. 78% of prison inmates have alcohol or drug problems 70% of released inmates are illiterate. 27% of inmates are released to homeless shelters. 98% of all inmates will be released. 86% of released inmates who do not choose to walk with Christ return to prison within 2 years 95% of released inmates who decide to walk with Jesus Christ will not return to prison. If crime rate just stays the same, with no increase, one in every 15 will at some time in their life serve time in prison. *I€ these statistics do not alarm you there is no need for you to read on Statistics obtained from the following: Graham Institute for Prison Ministries, National Centers for education, American Coalition of Juvenile Justice, United states Department of Justice, University of Missouri Extension 3 Proposal Introduction In 1986 Janna Hancock founded Christian Mission Ministry, a non profit, 501C3, non denominational outreach. CMM has traveled all over the United States Providing services behind prison walls and in our communities. Many like minded individuals with a vision for community reconciliation have joined the ministry. What began as a single prison ministry is now a three fold ministry outreach: Prison, Youth, and Substance abuse. Our main facility sits on ten acres located in Elmdale Kansas, approximately 150 west of Kansas City. Our 10 acres consists of five acre fruit orchard, athletic field, 4,000 square foot auditorium equipped with basketball, clothing closet, art studio, recording studio, a full equipped stage with in house surround sound system and movie theater. The Elmdale facility also houses our administration offices and an in house recovered program. CMM is endeavoring to establish a like or similar adult male facility on the Kenai Peninsula in proximity to the Wildwood Correctional complex in Kenai. The client focus is toward male adults coming out of prison, men on community supervision, homeless, and or otherwise in need of assistance. 4 CAM Citadel Programs EDUCATION Each individual who enters our doors will be assessed for educational needs; GED, reading levels, computer skills, budget balancing. Many basic skills needed to be successful in life get overlooked. We will access their needs and provide the necessary training to assist them in their life growth. JOB COUNSELING Getting a job is not an easy task for anyone these days and is often overwhelming. Our staff will work diligently to foster positive working relationships with the employers within the communities. We will match up the communities needs to the employee's abilities and will provide the necessary training or network with other community programs to assist individuals with job placement. A one-on-one approach will be taken as we strategize a plan for a successful job search. Topics to be covered will be: 1. residence 2. Legal restrictions (if any) 3. Job trends in area you will be living 4. Education required to obtain job of choice 5. Filling out employment applications 6. How to dress for success 7. First impressions Count 8. Computer skills 101 HOUSING Staff will assist in locating affordable and safe housing. Our goal is to instill within each of our residents the desire to be self sufficient, to be independent of government subsidies. There is no shame from receiving assistance in time of need; however, there is a lot be said for standing strong when need be and pressing in when times get tough. 10 STEP SUPPORT There are no pills, no drug treatment or God that can make an individual want to walk away from addiction. Until the desire to say "NO" to sin is greater than the desire to remain in sin, not much will change. One must want to change. Our Ten Steps Recovered Groups address the many challenges that come when one continues to make bad decisions. We call these "Repetitive sins, strong holds" Our staff will walk Citadel clients through a complete renewing of the mind. This program will be offered to each Citadel client. COMMUNITY KITCHEN It is our hope to turn the kitchen into a job training arena for Culinary students and provide a community restaurant where the public pays as they can. 5 FAMILY RECONCILIATION For many of our clients, family issues have been left unresolved or totally abandoned. We believe a strong healthy family will render strong healthy individuals. All members of the family are important to complete the family circle. While restoration of the whole family is definitely our prayer we realize the best we can do is to assist in the healing process. Every effort will be made to assist each family member in their healing process. Once the client has successfully completed their initial 14 day phase, outside support systems will be allowed to visit. All court ordered restrictions will be strictly enforced. Failure to comply with court orders will result in immediate termination from center. Large and small groups as well as one- to- ones will be utilized to assist with the family reconciliation process. COMMUNITY NETWORKING Duplicating services already in the community is a waste of time, talent and. money, Our goal is to partner, walk side by side with community service providers when possible. Working with community providers is a key piece of the puzzle for the success of our clients and our ministry. A list of area providers will be provided to each resident prior to their departure. Unity not division is our Goal. URBAN RENEWAL We believe a proactive approach is the best way to avoid undesirable behavior. Rendering immediate assistance to the hurting is easier, less painful and requires less effort rather than waiting until something is broken, which calls for rebuilding. Statistics indicate that much of our adult life is predetermined by the previous generation, our parents and their parents. In some cases intervention at an early age allows for a negative cycle to be broken. "Urban Renewal" will focus upon walking alongside young men as they work through the affects of the negative messages coming out of their family history. This will be a place where they may come for a short time to regroup to breath, a break away from their routine. FOLLOW UP Our staff will do quarterly follow ups for one year with each program graduate and community employment provider. This after care will help us determine the programs effectiveness and point out areas in need of improvement. 6 OUR STAFF CMM Director Janna Hancock has a Nursing Degree from Pratt Nursing School, Pratt Kansas; Bachelors Degree in Social Science with emphasis in counseling from Friends University; Wichita Kansas; and a degree from International School of Ministry. Citadel Director Crystal Morse Crystal is a retired veteran and was wounded in action for her sacrifice to our country. We are indeed honored to have her on staff. She has a BA in Law from Southern Cal., and a Masters of Arts. She is currently working on her PHD in Christian counseling. Associate Director Pending appointment of an Alaskan resident on site. Wellness Director Pending The wellness director primarily focuses on educating on health issues such as nutrition, exercise, communicable diseases and abuse. We believe prevention is the best cure for a strong healthy body and community. Job Coaches Will enlist local volunteers. Prison outreach Director Pending appointment of an Alaskan resident on site. Our Volunteers Each volunteer is dedicated to serving our clients, their family and the community. A team work approach allows for creative trouble shooting which increases the likelihood for success. Our volunteers are nurses, bankers, counselors, teachers, housewives, pastors, farmers, bus drivers, the list goes on. All of our volunteers have a vested interest in the lives of our clients and the community. 7 CMM BOARD OF DIRECTORS Janna Hancock— ---------- -------------- -------- Director Strong city, Kansas Joline Baugh Lebo, Kansas Colleen Miller Emporia, Kansas Jeremy Longhofer El.mdaale, Kansas Toni Long Elmdale, Kansas Steve Brandt Sabetha, Kansas Secretary Treasurer Melissa Simpson Strong city, Kansas Melanie Brandt Sabehta, Kansas Rochelle Fields - Belton, Missouri Jan Fields Belton, Missouri Media department Director Youth Director Tri county outreach center Director Food service Director - Member at large Member at large Member at large CITADEL BOARD OF DIRECTORS Crystal Morse Fortuna California, will re- locate to Kenai area once property is obtained Janna Hancock Strong City, Kansas, will have dual residence once Alaska property is obtained Seeking five more from community 8 ADMISSIONS There is no program, treatment, pill, or God that can make anyone change. A lasting positive change must come from within the individual seeking the change. Each prospective Citadel candidate will be screened for appropriate placement and will be required to fill out our admission's form and must agree to abide by program rules. The placement requirements and criteria are as followed: From Prison: A letter of recommendation from a prison chaplain is required along with a letter from the inmate requesting admission to the program and his reasons for coming. All Special . conditions of his release must be included in his admission packet. Any attempt to hide Special condition of his release will make him ineligible for our program. An individual interview by Citadel staff shall be conducted prior to release and or acceptance into the program. From Halfway house or similar interim community placement : A letter of recommendation must come from your counselor, or doctor and a personal letter from candidate requesting admission to the program and reasons for coming. A personal interview by Citadel staff will be conducted, either by phone or in person, prior to acceptance into the program. Homeless If you are homeless, Citadel staff will evaluate placement using evaluation forms and screening by our wellness team prior to acceptance into the program. * *A warrants check will be run on all Citadel candidates and if warrants are pending admissions to center will be denied until such time the warrant can be cleared up. ** The Citadel will work closely with Department of Corrections staff as well as local law enforcement to insure all laws are met. Christian Mission Ministry 200 Campbell St. Box 66 , Elmdale Kansas 66850, 620- 794 -3395 2012 Cad Campaign Three Jeans ago Christian Mission Ministtg stepped out in faith purchasing propertg is Ito/dale Kansas, designating this as our home goat for mission mock, These last few Jeans have been exciting and often challenging, Our- dedicated staff and volunteers greeted each challenge with an attitude of hope and victory, Thank Jou for Jour paJers, time and 6inancial support Together we are the working hands and feet of our - gracious and merciful Father; Once a "ear we put together an informational packet that allows Jou to see how your Financial support is used and to learn of the mang miracles taking place as a direct result of Joan payers, financial support and hard work, /t is important we continue walking out our mission, Your financial support is vital to our success and greatlg appreciates Please look over all that has been accomplished this last yea"- and consider a one - time financial gif t or a moathig tithe, Your donation is tax deductible, Thank Jou and mag god rich bless you. ,a.nma, 5-Ccatcacfc CAA 7)iieaao3' Christian Mission Ministry Mission statement The Banker, the lawyer, the Rapist, the Teacher, the Murderer, the Pastor, the Addict, the Accountant, the Alcoholic, the Doctor, the Thief, these are not who we are but what we do. We are Children of God and through the Mercy and Grace of our heavenly father we can all be forgiven for what we do. Go in peace so that you might bring Hope to the hopeless and Joy to the broken hearted so that they might come to know His Love. Take the cross to the lost. In 2010 our board of Directors made a list of goals for 2011. These goals are listed below along with the progress towards completion. Your support made these accomplishments possible. 2011 GOALS TO ACCOMPLISH ACCOMPLISHED 1. Appointment of two new board members 5 new members added 2. Unveil Tri- county center News release made June 3. Hire Tri- county Director Hired Steve Brandt in August 4. Develop Scholarship fund for Vo -tech initial step has been taken with Flint Hills Vo -tech 5. Plant ten step program in two new states Planted in three new states 6. Publish second edition of ten steps book Mennonite press printed 2nd edition, Nefesh published in June 7. Grow youth group to 100 Average youth attending weekly activities is 30 8. Install auditorium floor half way there 9. Purchase and install house sound system Ottawa music installed sound system and projector for movie 10. Opening Teen thrifty gift store room is being organized for this 11. Become debt free Previous owner has been paid off and only $2,500 rolled into 2011 411 HAN iv iz kt-LIMM1, ikkA•6*1 -11*i 1 1. Tri — County Center adds three new activities: Bingo; Movie night; Wednesday night light ages 8 — 12 2. LIT program (Leadership in training) this program offers employment to area youth while assisting them in developing tools for positive decision making. 3. New outreach center to open in Kenai Alaska (Citadel) The Citadel centers client focus is toward male and female adults coming out of prison, on community supervision, homeless, and or otherwise in need of assistance. All services provided are freely given. Crystal Morse is the Citadel Director. Crystal is a retired veteran and was wounded in action for her sacrifice to our country. She has a BA in Law from Southern Cal., and a Masters of Arts. She is currently working on her PHD in Christian counseling. Alaska board of Directors is currently being formed. 4. New web site developed 5. Storm shelter set up and available 24 -7 for community 6. Provided music classes for area youth interested in Praise and worship music 7. Open daily to community for a safe place for area children to play 8. Hired area youth for small summer projects 9. Completed Auditorium apartment renovation. We are now able to provide housing for individual when needed. 10. Structural repair and drainage system put in at the Northeast corner of building. 11. Landscaping done around the entire building moving dirt for proper drainage away from building. 12. Obtained bingo license and will offer bingo the last Friday of every month CMM BOARD MEMBERS Janna Hancock - -- Director; Joline Baugh - -- Secretary; Colleen Miller - -- Treasure; Jeremy Longhofer -- -Media Director; Toni Long -- -Youth Director Steve Brandt - - -Tri county Director; Melissa Simpson -- -Food service Director Melanie Brandt - -- Member at large; Rochelle Fields - -- Member at large Jan Fields - -- Member at large CMM 2012 events MISSION TRIPS January Alaska Follow up trip February Wichita Rescue Mission May Climax Missouri 10 Steps planting July Alaska youth trip October California prison system 10 steps November Florida Prison system December Kansas City Rescue mission TRI COUNTY OUTREACH CENTER REGULAR HOURS OF OPERATION Tuesday 4pm to 8pm Wednesday 4pm to 6pm Thursday 4pm to 8pm Friday check with staff Saturday l0am -4pm 6pm -8p Sunday and Monday closed Wednesday Night Light ages 8 -13 6 — 8PM Last Friday in month 7 — 9 PM Bingo Last Saturday month Movie? - 9:30PM CMM YOUTH SCHEDULE Every Friday youth night 6PM dinner 7 — 9 scheduled activity January — Winter Community service project February — Formal Valentines dinner March - Ski trip April - Pre Spring Swap N Shop May — Summer Community service project June — Finish community service project July — Alaska mission trip August - Back to school bash September — Fall Swap N Shop October - Bowling night 7 -9 November - Community Thanksgiving Baskets November - Hobo Thanksgiving December - IHOP Kansas city weekend December - Chase county nursing home Christmas Caroling, Community Christmas baskets, Christmas party For information regarding any of the above schedules or to book your event, please call Steve 785- 285 -2668 620 - 273 -8210 Janna 620 - 794 -3395 Your financial support allows us to reach out and serve those in need and is tax deductible. Please consider walking with us, Thank You! Tri- county Outreach center Provides services in the following areas 1. Art studio 2. Recording studio 3. Fully equipped stage with in sound system 4. Theater and projector 5. Trampoline 6. Indoors skating 7. Basketball 8. Volleyball 9. Clothes closet 10. Ping Pong 11.Open booking for reunions, weddings, 12. Community storm shelter 13. Employment YOUTH OUTREACH Provides services in the following areas 1. Youth guidance 2. Community involvement 3. Employment 4. Meals 5. Clothing 6. Youth club house 7. One on one 8. Sports activities 9. employment retreats Recovery program Provides services in the following areas 1. In and out of house Ten step recovery support program 2. One on one counseling 3. Group set up assistance 4. Free recovery books CITADEL CENTERS Provides services in the following areas 1. Recovery assistance 2. Housing assistance 3. Counseling 4. Clothing 5. Employment 6. Training 7. Education Prison outreach provides services in the following areas 1. Behind the walls teaching 2. Recovery assistance 3. Free bibles 4. Release assistance INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: CHRISTIAN MISSION MINISTRY INC RR 1 BOX 23 STRONG CITY, KS 66869 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 20- 8762418 DLN: 508275004 Contact Person: RICHARD K DOLFI ID# 31363 Contact Telephone Number: (877) 829 -5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: May 22, 2007 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO /CG) `I 7 SSo3 Contact Information Kansas Secretary of State Ron Thornburgh Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka. KS 66612 -1594 (785) 296-4564 kssos ct :kssos.org www.kssos.org r- l % L tc'tt� C.. „AB c;' KANSAS SECRETARY OF STATE CN Not For Profit Articles of Incorporation All information must be completed or this document will not be accepted for filing. 1, Name of the corporation: CHRISTIAN MISSION MINISTRY, INC. 2. Address of registered office in Kansas: Address nmst be a street address. A post office box is unacceptable. 693 Rr, 190 Street addres. 3. Name of resident agent at above address: JANNA HANCOCK EMPCR! n 51 05 -22 -2007 11:10:00 2376 01 520.00 051 002 PP 1 F ILEN : 4075503 FILED BY KS SOS 11 111 11 1 11 111111 11 11 01847659 City 4. Nature of corporation's business or purpose: RELIGIOUS MINISTRY - PLEASE SEE EXHIBT A ATTACHED. 5. Will this corporation have authority to issue capital stock? 1 f yes. the total number of shares authorized: Yes No Kansas 66801 shares of . -__ stock, class par value of _ ___ dollars each shares of stock, class par value of __ .__..._____._ dollars each shares of _ stock, class _ without nominal or par value shares of _ -_ stock. class without nominal or par value If applicable, state any designations, powers, rights, limitations or restrictions applicable to any class of stock or any special grant of authority to he giver, to the board of directors: PLEASE SEE EXHIBIT A ATTACHED 6. Are conditions of membership fixed by the bylaws? Yes No I. no, state conditions of membership: 7. Name and mailing address of incorporator(s): Name Street address JANNA HANCOCK RR 1 BOX 23 City STRONG State CITY Kansas zip 66869 Page 1 of 1 STATE OF KANSAS OFFICE OF SECRETARY OF STATE KRIS W. KOBACH I, KRIS W. KOBACH, Secretary of State of the state of Kansas, do hereby certify, that according to the records of this office. Business Entity ID Number: 4075503 Entity Name: CHRISTIAN MISSION MINISTRY, INC. Entity Type: DOM:NOT FOR PROFIT CORPORATION State of Organization: KS Resident Agent: JANNA HANCOCK Registered Office: 2547 V RD, STRONG CITY, KS 66869 was filed in this office on May 21, 2007, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of September 20, 2011 KRIS W. KOBACH SECRETARY OF STATE Certificate ID: 488263 - To verify the validity of this certificate please visit and enter the certificate ID number. hops: //w w.kansas.gov /bess /flow /main%3bjsessionid= 4 ' v ' :288... 9/20/2011 RN 53 -24 KANSAS SECRETARY OF STATE Not- For - Profit Corporation Certificate of Reinstatement CONTACT: Kansas Secretary of State, Ron Thornburgh Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka, KS 66612 -1594 (785) 296-4564 kssos @ kssos.org www.kssos.org 05 -03 -2010 4576 02 053 024 RP FILE #: 4075503 10:31:00 628.68 1 FILED BY KS SOS 111111/11//1/11/11///11/11//111//111///1/1/1///11/ OINSTRUCTIONS: All information must be completed or this document will not be accepted for filing. Please read instructions sheet before completing. 1. Business entity iD number: This is not the Federal Employer ID Number (FEIN) :2. Name of corporation: Name must match the name on record with the Secretary of State 3. State /Country of organization: 4. The name of the rr- 'dent agent and ess of the registered orrice in Kansas: Address must be a street address A F.O. box is unacceptable fon) X03 Ct`i_5il��n `K6.1.-136_ F ntL51c n � �l! \t.S CAA lAck Name /QT) V Zc 11(<ac_ N Street Address ror■J t �f City e Kansas State Zip 5. Reason for forfeiture: The corporate existence or authority to engage in business in the state of Kansas (SELECT ONLY ONE): Has been forfeited for failure to timely file a correct annual report and/or pay the annual report fee or franchise ax. EIHas expired or will expire on the Month Day Year EiHas been forfeited for failure to designate or maintain a resident agent and registered office. 6. Term of existence: 'jam Rerpetual Date the corporation will cease Month Day Year 7. This certificate is filed by the authority of duly elected directors or members of the governing body of the corporation in compliance with the provisions of K.S.A. 17 -7002. 8. I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct and that I have remitted the required fee. } Sign ure of authorized officer an lzL'.L $Ita ,, L Nume of signer (printed or typed) Rev. 2 /01 /10js Date (month, dal/, ye '19' Page 1 of 1 h J- 1...• fir... :i r. .Niii'01 iln :ix; =' 1 K.S.A. i; -700: EXHIBIT "A" Article 4. This nonprofit corporation is organized and operated exclusively for religious purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. Specifically, this corporation shall operate as a Ministry. Article 5. Section 1. The Board of Directors shall conduct all the business of the corporation and shall be the only voting members of the corporation, except as otherwise specifically provided in the Bylaws. The number of Directors, the qualifications of members and directors, and the manner of their adm ission shall be as set forth in the Bylaws. Section 2. The private property o! the directors and members shall be non-assessable and shall not be !;u .et to the payment of any corporate debts, nor shall the directors or members of the corporation become individually or corporately liable or responsible for any debts or liabilities of the corporation. Section 3. (A) No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth hereof. (B) No substantial part ofthe activities ofthe corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political cam paign.on behalf of any candidate for public office. (C) Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 1 70(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. (D) Upon dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding ction ,f any f ut, ferk rat tax code' n s 1 d : i1 G sl t( . to .,.,.. x. G c 1.> u..�l� L.. \ _!' ::nl be dfSirll7litl..., :f': 7 fe :;Cal f.G'veriin'!i'il;, or � a Siclit: or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the court of jurisdiction of the county in which the principle office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine which are organized and operated exclusively for such purposes. Section 4. These Articles may be amended at any regular meeting of the Board of Directos, or at a special meeting called for that purpose, by a two - thirds (2/3) majority. Christian Mission Ministry, Inc. BYLAWS OF CHRIS TIA N MISSION MINIS TR Y, INC. ARTICLE ONE OFFICES The principal office of the corporation, hereinafter referred to as the "Corporation", shall be located at the address set forth in the Articles of Incorporation. The Corporation may have such other offices, either within or without the State of Incorporation, as the Board of Directors may determine from time to time. ARTICLE TWO TENETS OF FAITH AND DOCTRINE The corporation accepts the Scriptures as the revealed Will of God, the all sufficient rule of faith and practice, and for the purpose of maintaining general unity, adopts these fundamental Tenets of Faith and Doctrine. Section 1. The Scriptures Inspired. The Bible is the inspired Word of God, a revelation from God to man, the living, infallible, and everlasting rule of faith and conduct, and is superior to conscience and reason. (II Timothy. 3:15 -17; I Peter 1 :23 -25; Hebrews 4:12). Section 2. The One True Godhead. The triune Godhead is comprised of 3 separate and distinct personalities, The Father, The Son, and The Holy Spirit, who are eternally self - existent, self - revealed and function as one entity. Jesus Christ, who is God manifested in the flesh, is the second member of the Godhead, co -equal and co- eternal with the Father and The Holy Spirit. (John 1: 1 -5, 10 -14; Matthew 28:18 -20) Section 3. Man, His Fall and Redemption. Man was created good and upright, for God said, "Let Us make man in Our image, after Our likeness". But, man, by voluntary transgression, fell, and his only hope of redemption is in Jesus Christ the Son of God. (Genesis 1:26 -31, 3 :1 -7: Romans 5:12-21) Section 4. The Salvation of Man. (a) Man's only hope of redemption is through the shed blood of Jesus Christ. (Romans 3:24; John 3:3) On the cross Jesus Christ became sin and sickness providing both salvation and divine healing for all mankind (Psalm 103:3), being justified freely by His Grace through the redemption that is in Christ Jesus. For by grace we are saved through faith. (Ephesians 2 :8) "The word is near you, in your mouth and in your heart; that is, the word of faith which we are preaching, that if you confess with your mouth Jesus as Lord, and believe in your heart that God raised Him from the dead, you shall be saved; for with the heart man believes, resulting in righteousness, and with the mouth he confesses, resulting in salvation." (Romans 10:8 -10) (b) The Evidences of Salvation. The inward evidence to the believer of his salvation is the direct witness of the Spirit. (Romans 8:16; l John 3:18 -19, 24) The outward evidence to all men is a life of righteousness and true holiness. "You will know them by their fruits." (Matthew 7:16-20) (c) Faith and Works. Salvation is by faith in Jesus Christ and not by human works; however, our works will determine the rewards in eternity. (Ephesians 2:8-10; Galatians 2:16; Il Corinthians. 5:10) Section 5. Baptism in Water. The ordinance of baptism by a burial with Christ should be observed as commanded in the Scriptures by all who have truly repented and in their hearts have truly believed on Christ as Savior and Lord. In so doing, they declare to the world that they have died with Jesus and that they have also been raised with Him to walk in newness of life. (Matthew 28:19; Romans 6:4; Acts 10:47 -48) Section 6. The Lord's Supper. "And when He had given thanks, He broke it, and said, 'This is my body which is broken for you. Do this in remembrance of me.' In the same way also he took the cup, after supper, saying, "This cup is the new covenant in my blood; Do this, as often as you drink it, in remembrance of me.' Let a man examine himself, and so eat of the bread and drink of the cup." (I Corinthians 11 :24 -25, 28) Section 7, The Promise of the Father. All believers are entitled to, and should ardently expect and earnestly seek, the promise of the Father, the Baptism in the Holy Spirit, according to the command of our Lord Jesus Christ. (Luke 24 :49; Acts 1:4 -5; Acts 2 :38) With it comes the endowment of power for life and service, the bestowment of the gifts and their uses in the work of the ministry. (Acts 1:8; l Corinthians 12 :1 -31). This wonderful experience is distinct from and subsequent to the experience of the new birth. (Acts 2:38; 10:44 -46; 11:14 -16). BYLAWS - 2 Section 8. The Evidence of the Baptism in the Holy Spirit. The full consummation of the Baptism of believers in the Holy Spirit is evidenced by the initial physical sign of speaking with other tongues as the Spirit gives utterance and by the subsequent manifestation of spiritual power in public testimony and service. (Acts 2 :4; 10:44 -46; 19:2, 6; 1:8; Galatians 5 :16 -26) Section 9. The Church. The church is the body of Christ, the habitation of God through the Spirit, with divine appointments for the fulfillment of her great corrrrission. Each believer, born, of the Spirit, is an integral part of the general assembly and church of the first born, whose names are written in Heaven. (Ephesians 1 :22 -23; 2:19-22; Hebrews 12 :23) Section 10. Total Prosperity, (a) Spiritual. Ill John 2; II Corinthians 5:17-21 (b) Mental. II Timothy 1 :7; Romans 12 :2; Isaiah 26 :3. (c) Physical. Isaiah 53 :4,5; Matthew 8:17; 1 Peter 2 :24. (d) Financial. Malachi 3:10-11; Luke 6 :38; 11 Corinthians 9:6-15; Deuteronomy 28:1-14. (e) Social. Proverbs 3 :4; Luke 2 :52; Esther 2:15. Section 11. Blessed Hope. Jesus is coming again to gather all His Saints to ever be with Him (I Corinthians. 15:51-52; I Thessalonians. 4:16-17). Section 12. The Lake of Fire. Those who have not accepted the redemptive work of Jesus Christ will suffer eternal separation from the Godhead. The devil and his angels, the beast and the false prophet, and anyone whose name is not found written in the Book of Life, shall be consigned to everlasting punishment in the lake of fire which burns with brimstone. This is the second death, the lake of fire. (Revelation 19 :20; 20:10-15). Section 13. The Millennial Reign of Jesus. The Scriptures promise the return of our Lord Jesus Christ with His saints from Heaven to rule and reign for one thousand years on earth (II Thessalonians 1 :7; Revelation 19:11-16; 20:1-6) After this, there shall be a new heaven and a new earth. (Rev. 21). BYLAWS - 3 ARTICLE THREE MEMBERSHIP The Corporation shall have only one (1) class of membership, members of the Board of Directors, which shall be voting members. ARTICLE FOUR BOARD OF DIRECTORS Section 1. General Powers, The affairs of the Corporation shall be managed by the Board of Directors, whose members shall have a fiduciary obligation to the Corporation. Section 2. Number, Term, and Qualifications. The number of Directors shall be no less than three (3) and shall have no maximum number. The term of membership shall be for continuous one (1) year periods, unless removed. Section 3. Regular Meetings. A regular annual meeting of the Board of Directors shall be held each year in the month of January. The Board of Directors may provide, by resolution, the time and place for holding additional regular meetings without notice other than such resolution. Additional regular meetings shall be held at the principal office of the Corporation in the absence of any contrary designation in the resolution. Section 4. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of any two (2) Directors, and shall be held at the principal office of the Corporation or at such other place as the Directors may determine. Section 5. Notice. Notice of the regular or any special meeting of the Board of Directors shall be given by oral or written notice to each Director at least seven days prior to the meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. The business to be transacted at the meeting need not be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these Bylaws. BYLAWS - 4 Section 6. Quorum. A majority of the total number of Directors of the Corporation shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the total number of Directors is present at any meeting, a majority of the Directors present may adjourn the meeting without further notice. Section 7. Board Decisions. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these Bylaws. Section 8. Vacancies, Additions, Elections and Removal. Any vacancy occurring in the Board of Directors and any Directorship to be filled by reason of an increase in the number of Directors, shall be filled by a two - thirds (2/3) majority vote of the remaining members of the Board of Directors. Directors shall be removed by a two - thirds (2/3) majority vote of all of the members of the Board of Directors. Section 9. Compensation. Directors, as such, shall not receive any salaries or other compensation for their services. The Corporation may reimburse Directors for substantiated expenses reasonably incurred by Directors on behalf of the Corporation. ARTICLE FIVE OFFICERS Section 1. Officers. The officers of the corporation shall be a president, a secretary, a treasurer, one or more vice- presidents and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such other officers, including one or more assistant secretaries and one or more assistant treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any two or more offices may be held by the same person, except that the offices of president and secretary may not be held by the same person. Section 2. Election and Term of Office. The officers of the Corporation shall be elected annually by the Board of Directors at the regular annual meeting of the Board of Directors. If the election of BYLAWS - 5 officers is not held at such meeting, such election shall be held as soon thereafter as is convenient. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor has been duly elected and qualified. Section 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the Corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. Section 5. Powers of Officers (a) President: The Corporation finds its headship under the Lord Jesus Christ and in its President. The President shall be the chief executive officer of the Corporation. He shall be a continuing member of the Board of Directors. He shall have general management authority over the business of the Corporation and general supervisory authority over the other officers. He shall preside at all meetings of the Board of Directors and see that all orders and resolutions of the Board are carried into effect, subject, however, to the right of the Board to delegate to any other officer or officers of the Corporation any specific powers, other than those that may be conferred only upon the President. He shall execute in the name of the corporation all deeds, bonds, mortgages, contracts, and other documents authorized by the Board of Directors. He shall be an ex- officio member of all standing committees, and shall have the general powers and duties of supervision and management usually vested in the office of president of a corporation. No person shall be invited to speak, teach, or minister at a meeting held by the Corporation without his approval. He shall be designated attorney -in -fact for the Corporation by virtue of his office. He shall have the authority to appoint and approve any assistants that would be necessary to carry on the work of the Lord properly. (b) Vice - President: The vice- president shall perform the duties and exercise the powers of the president in case of the president's temporary absence from the office of the Corporation, and shall perform such other duties as may from time to time BYLAWS - 6 be granted or imposed by the Board of Directors. He shall serve as an ex- officio member of the Board of Advisors; however, in the event of serving as president, he shall be a voting member of the Board of Advisors. (c) Secretary: The secretary shall attend all sessions of the Board of Directors held at the office of the Corporation and shall act as clerk thereof and record all votes and the minutes of all proceedings in a book to be kept for that purpose. He shall perform like duties for the executive and standing committees when required. He shall give, or cause to be given, notice of meetings of the Board of Directors when notice is required to be given under these Bylaws or by any resolution of the Board. He shall have custody of the seal to all authorized documents requiring a seal. He shall keep the membership rolls of the Corporation and in general perform the duties usually incident to the office of secretary, and such further duties as shall from time to time be prescribed by the Board of Directors or the president. (d) Treasurer: The treasurer shall keep full and accurate account of the receipts and disbursements in books belonging to the Corporation, and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in such banks and depositories as may be designated by the Board of Directors, but shall not be personally liable for the safekeeping of any funds or securities so deposited pursuant to the order of the Board. He shall disburse the funds of the Corporation as may be ordered by the Board of Directors and shall render to the president and Directors at the regular meeting of the Board, and whenever they may require, accounts of all transactions as treasurer and of the financial condition of the Corporation. He shall perform the duties usually incident to the office of treasurer and such other duties as may be prescribed by the Board of Directors or by the president. (e) Delegating Powers to Other Officers; In case of the absence of any officer of the Corporation, or for any other reason that may seem sufficient to the Board of Directors, the Board of Directors may delegate his duties and powers for the time being to any other officer, or to any Director. ARTICLE SIX COMMITTEES AND BOARD OF ADVISORS Section 1. Committees of Directors. The Board of Directors, by resolution adopted by a majority of the Directors in office, may designate one or more committees, which to the extent provided in such resolution, shall have and exercise the authority of the Board of Directors in the management of the Corporation; but the designation of such committees and the delegation of authority thereto shall not operate to relieve the Board of Directors, or any individual Directors, of any responsibility imposed on it or him by law. Section 2. Other Committees. Other committees not having and exercising the authority of the Board of Directors in the management of the Corporation may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present. The president shall appoint the members thereof. Any member thereof may be removed by the president whenever in his judgment the best interest of the Corporation shall be served by such removal. Section 3. Board of Advisors. A Board of Advisors may be appointed as set forth below. It shall be the responsibility and privilege of the Board of Advisors to provide Godly counsel to the president and the Board of Directors. Counsel shall be in organizational, financial, legal or other areas wherein the president determines that professional counsel is needed and /or desirable. No minimum or maximum number of members of the Board of Advisors shall be established, and the appointment to the Board of Advisors and tenure thereon shall be at the pleasure and in the complete discretion of the president. ARTICLE SEVEN MINISTERS Section 1. Ordination and Licensing. The Board of Directors may ordain and /or license a person as a minister of the Gospel after first examining the applicant's background, moral and religious character, and the previous Bible courses and /or independent study the applicant has undertaken. Final determination shall be within the absolute discretion of the Board of Directors. Section 2. Limitation. The Board of Directors may, in the discretion of the Board, limit any licensee or ordainee to an area of special emphasis. BYLAWS - 8 Section 3. President. The president shall be a licensed or ordained minister of the Gospel. Section 4. Application. Application for ordination and /or licensing as a minister of the Gospel shall be on the form provided by the Board of Directors. An applicant's application shall be either approved or denied within thirty (30) days of the completion of the investigation of the applicant. Those applicants who are approved shall receive a certificate evidencing the approval. Section 5. School of Ministry. The Board of Directors may establish a School of Ministry, setting forth a prescribed curriculum and course of study leading to ordination and licensing of ministers. The School of Ministry shall prepare the student in the knowledge of the Word of God and in ministering to the needs of mankind through the Gospel of Jesus Christ. ARTICLE EIGHT CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or may be confined to specific instances. Section 2. Checks, Drafts or Orders. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, agent or agents of the Corporation, and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments may be signed by either the treasurer or the president of the Corporation. Section 3. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. BYLAWS - 9 Section 4. Gifts. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest or devise for any purpose of the Corporation (Mal. 3:10; Luke 6:38; l Corinthians 16:1 and 11 Corinthians 9:6 -8). ARTICLE NINE BOOKS AND RECORDS The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors, committees having and exercising any of the authority of the Board of Directors, and any other committee, and shall keep at the principal office a record giving the names and addresses of the members of the Board of Directors entitled to vote. All books and records of the Corporation may be inspected by any Director at any reasonable time for any reasonable purpose. ARTICLE TEN CONFLICT OF INTEREST Any director, officer, or key employee who has an interest in a contract, salary negotiation, or other transaction presented to the Board of Directors or a committee thereof for authorization, approval, or ratification shall make a prompt and full disclosure of his interest to the Board of Directors or committee prior to its acting on such contract or transaction. Such disclosure shall include any relevant and material facts known to such person about the contract or transaction which might reasonably be construed to be adverse to the corporation's interest. The body to which such disclosure is made shall thereupon determine, by a vote of seventy -five (75 %) of the votes entitled to vote, whether the disclosure shows that a conflict of interest exists or can reasonably be construed to exist. If a conflict is deemed to exist, such person shall not vote on, nor exert his personal influence regarding, nor participate in (other than to present factual information or to respond to questions) the discussions or deliberations with respect to such contract or transaction. Such person may be counted in determining whether a quorum is present but may not be counted when the Board of Directors or a committee of the Board takes action on the transaction. The minutes of the meeting shall reflect the disclosure made, the vote thereon, the abstention from voting and participation (where applicable), and whether a quorum was present. BYLAWS - 10 ARTICLE ELEVEN INDEMNIFICATION The Corporation shall, to the maximum extent permitted by law, indemnify each of its agents against expenses, judgments, fines, settlement, and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of the fact any such person is or was an agent of the Corporation. For purposes of this Article, an "agent" of the Corporation includes any person who is or was a Director, Officer, employee or other agent of the Corporation, or is or was serving at the request of the Corporation as Director, Officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, or was a Director, Officer, employee or agent of a corporation which was predecessor corporation of the Corporation or of another enterprise at the request of such predecessor corporation. ARTICLE TWELVE FISCAL YEAR The fiscal year of the Corporation shall be the calendar year. ARTICLE THIRTEEN DISSOLUTION Upon the dissolution of the Corporation, the Board of Directors shall, after the payment of all the liabilities of the Corporation, dispose of all of the assets of the Corporation as the Board shall determine exclusively for the purposes of the Corporation, to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall qualify as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, (or by the corresponding section of any future Revenue Code of the United States of America); or to a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986, as amended (or the corresponding section of any future United States Revenue Law), ARTICLE FOURTEEN SEAL The Board of Directors shall provide a corporate seal, which shall be as set forth below. BYLAWS -11 ARTICLE FIFTEEN AMENDMENT OF BYLAWS These Bylaws maybe altered, amended, or repealed, and new Bylaws may be adopted by a two- thirds (2/3) majority vote of the Board of Directors at any regular or special meeting of the Board of Directors. At least seven (7) days written advance notice of said meeting shall be given to each member of the Board of Directors. Dated this 1 day of AI � , 2007. (SEAL) BYLAWS - 12 a Hancock /President MINUTES OF THE FIRST MEETING OF INCORPORATORS AND BOARD OF DIRECTORS The first meeting of the In orporators and Board of Directors was held at the corporate offices on the „ZI day of 2007, pursuant to notice and waiver thereof as follows, to -wit: The undersigned, being all of the incorporators and Board of Directors of the corporation, hereby severally waive all statutory requirements as to notice of time, place, and purpose of the meeting held the year and day last set forth below, and consent to the transaction and conduct of any and all business that may properly come before said meeting, or any adjournments thereof Roll call showed the undersigned to be present at the meeting. The undersigned was unanimously elected as temporary chairman and as temporary secretary, and he immediately assumed such duties. The chairman reported that Articles of Incorporation of said corporation, previously executed by the incorporators, had been filed with the Secretary of State of the state of incorporation and that a certificate of incorporation had been issued by the Secretary of State. Upon mot ion duly made, seconded and unanimously carried, a copy of the Articles of Incorporation was made a part of the records of this meeting and was directed to be placed in the minute book of the corporation. There was then presented to the meeting a proposed set of bylaws for the corporation, and, upon motion duly made, seconded and unanimously carried, it was resolved that the bylaws are hereby adopted as the bylaws of this corporation, and a copy of said bylaws was directed to be entered in the minute book of the corporation. There was then presented to the meeting the corporate seal proposed to be used by this corporation. Upon motion duly made, seconded and unanimously carried, the said corporate seal was adopted as the corporate seal of this corporation, the imprint of said corporate seal being affixed on page three (3) of these minutes. There was then presented to the meeting the matter of seeking nonprofit tax - exempt status under Section 501(c)(3) of the Internal Revenue Code. It was noted that this nonprofit corporation qualified for exemption and it was further noted all of the advantages and disadvantages of being a nonprofit tax- exempt organization. After full discussion, upon motion duly made, seconded and unanimously carried, it was resolved that the corporation seek said tax exempt status pursuant to the above -said Internal Revenue Code section. MINUTES - 1 The chairman announced that the next order of business would be the election of Three (3) Directors to serve as the Board of Directors of this corporation for the next ensuing year or until their successors are chosen and qualified. Whereupon, the undersigned were nominated. Motion was made and seconded that the nominations cease and that a unanimous ballot be cast for the candidates. Vote being had thereon and being unanimous, the chairman declared said Directors so elected. By unanimous vote, it was ordered that the First Meeting of the newly- elected Board of Directors shall be held as the next order of business, without the necessity for further notice thereof The chairman announced that the first order of business of the Board of Directors would be the election of a president, vice-president and secretary /treasurer of the corporation to serve for the next ensuing year, or until their successors have been elected and qualified. Whereupon, the following persons were nominated for the respective offices: President: Janna Hancock Secretary: Ellen Newlin Treasurer: Marge Allen Upon motion duly made, seconded and unanimously carried, the above named persons were declared elected to their respective offices to serve until their successors are chosen and qualified. The acting chairman then presented to the meeting the question of ratifying the incorporators' action in seeking tax- exempt status under the Internal Revenue Service Code. Upon motion duly made, seconded and unanimously carried, it was resolved that the corporation seek tax- exempt status pursuant to Internal Revenue Code Section 501(c)(3). The temporary chairman then announced that the next order of business would concern a discussion of banking accounts for the corporation. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that the president, vice - president and treasurer, acting individually, may from time to time establish such financial institution accounts for the corporation as they shall deem appropriate, with such authorized signatures thereon as they shall select and designate, and the secretary may execute in the name of this corporation and under its seal any Resolution required for establishment of any such accounts by any bank under date of this meeting. MINUTES - 2 Each bank Resolution form so executed by the secretary shall have the same force and effect of a resolution of the Board of Directors of this corporation. This authorization shall continue in force and effect unless and until revoked by the Board of Directors. There being no further business to cone before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. DATED, This2j day o (SEAL) MINUTES - 3 2007. OFFICERS Jan a Hancock `-- - ident i n�J El n Newlin JriSr' e B t,ac,:t Secretary Mare Al Treasurer Kansas Business Center: Electronic Annual Report Filing System Page 1 of 2 Not For Profit Corporation Annual Report Please print this copy for your records. Do not mail a copy to the Secretary of State's office. 1. Corporation Name: CHRISTIAN MISSION MINISTRY, INC. 2. Business Entity ID No.: 4075503 3. Tax Closing Date: December 2007 4. State of Incorporation: KS 5. Official Mailing Address: JANNA HANCOCK, 2910 W Hwy 50 , Emporia KS 66801 6. Location of Principal Office: 2910 W. Hwy 50 , Emporia KS 66801 7. Officers: Electronic File Stamp Information: Filed • Date:08 /07/2008 • Time: 09:51:07 AM Janna Hancock - President or equivalent (This officer is also a member of the governing body) 2547 V.Rd. Strong city, KS 66869 Joline Shaner - Secretary or equivalent (This officer is also a member of the governing body) Road AA Lebo, KS 66856 Angie Thomas - Treasurer or equivalent (This officer is also a member of the governing body) 526 S. Commercial Emporia, KS 66801 8. Governing Body: Tony Smith - 215 Exchange Emporia, KS 66801 Jan Smith - 215 Exchange Emporia, KS 66801 9. Does this corporation /organization have the authority to issue stock? No 10. Total number of members: 5 11. Does this corporation hold more than 50% equity ownership in any other business entity that is on file with the Kansas Secretary of State? No 12. Does this corporation own or lease land in Kansas suitable for use in agriculture? No Federal Employer Identification Number (FEIN): „O 3762-1-fig "I declare under penalty of perjury pursuant to the laws of the state of Kansas that the foregoing is true and correct." Executed on August 07, 2008 https : / /www.accesskansas.org /ssrv- annual- reports / displayFiling .do ?tid= he489b0a7ea8bea 8/7/2008 Kansas Business Center: Electronic Annual Report Filing System Page 2 of 2 Signature of authorized Officer: Janna Hancock Title/Position of the signer: Director Contact phone number: 6202738517 E -mail: janaggf ird.net Exit the System https:// www .accesskansas.org /ssrv- annual- reports /displayFiling.do ?tid =b A89b0a7ea8bea 8/7/2008 NP 50 KANSAS SECRETARY OF STATE Not- for - Profit Corporation Annual Report Kansas Office of the Secretary of State: Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka, KS 66612 -1594 (785) 296 -4564 kssos@sos.ks.gov www.sos.ks.gov THIS SPACE FOR OFFICE USE ONLY. 21 This form must be complete and accompanied by the correct filing fee or the document will not be accepted for filing. 1. Business entity ID number This is not the Federal Employer ID Number (FEIN). 2. Name of corporation Must match name on record with Kansas Secretary of State. Ori5s03 3. Mailing address Address will be used to send official mail from the Secretary of State's Office. Do not leave blank. Attention Name ;. n *Gn.CO C j< City 1 State Zip Check thlsbox if this i a address. Our records will be updated only if this box c ❑ p y bo checked. 4. Principal office address Must be a street, rural route, or highway. A P.O. box is unacceptable. 5. Tax closing date Attention Name CYcA Address 25-'n v Qoc-Ast- City State Zip Country Month Year NeerAtiz r c2o .1 O - / 3K.S.A. 17 -7504 Rev. 1/18/11 jdr 6. State of incorporation Please continue to next page. 7. Name, title, and address of each officer of corporation If additional space is needed. Neese provide attachment. Do not leave blank. Name 1 i4ar.ca Address _492,51-11i City Name 2 r),Q_ cS b __ZcirS A City State KS Title Zip 6 d�ld State Name 3 I Title C.,,CAceerVTAT 1 _ 8. Name and address of each member of governing body of corporation If additional space is needed, please provide attachment. Do not leave blank. Address City r Zip 66 P5-6 State ZIP S Gauntry sA t4 Country Country 4, Name 1 Address Country ' vciL} City State Zip '', ).-.S 6617:) •t- OA daACL. Name 2 &IC . 3.eCe Address 7 City 1 State Zip s ' Country !yarn%) 3 l<0 ad Q r-----, 1 . Address -. vai r-i ,---;)-_-_-__ c • . _Country VSS Pt-- . . I Stale , Zip ' 0 • = GD • 9. Federal Employer identification Number (FEIN) K.S.A. 17-7504 Rev. 1/18/11 jdr to Answer either Question 10 or Question 11. 10. Total number of shares of capital stock issued v 11. Total number of memberships Must be numeric. °NA" or " —" is unacceptable. 6 12a. Does this corporation hold more than 50% equity ownership in any other business entity that is filed with the Kansas Secretary of State? ❑ Yes (Complete Question 126.)j No (Skip to Question 13.) 12b. 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Thank you for filing. e- Postcard technical support Phone: 866- 255 -0654 (toll free) email:ePostcard @urban.org CHRISTIAN MISSION MINISTRY INC 200 Campbell Box 66 Elmdale, KS 66850 4/20/2011 the thy O f KENAI, ALASKA Sponsored by: Council Members Bookey and Molloy CITY OF I.ENAI 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 (Com.mission) 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 BRACKETED] 10 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 members 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 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 New Text Underlined; [DELETED TEXT BRACKETED] 11 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. (3) 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)(3). 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 terra 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] 12 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 1.15.0700, 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] 13 KENAI, ALASKA WI e with a Past, C# with a Future" 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Pat Porter and City Council Members Council Members Terry Bookey and Bob Molloy October 11, 2011 Ordinance No. 2587 -201.1 The proposed Ordinance No. 2587 -2011 would add a new section KWIC 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 term. 14 Frain: John Landua <John_Landua @gcf.net> Subject: RE: Please Pass Ordinance 2587 -2011 Date: October 19, 2011 3:18:51 PM AKDT To: Ryan @marquisforkenaf.com Oc: kenaimayori0 @msn.com, mboyle@alaska.com, bob @mafloyforcouncll.com, cpajoe @altrogco.corn, 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"?). 1 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 (i.e., 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 O. Landua 1520 Toyon Way Kenai, Alaska 99611 -7925 Phone 1.907.283.3851 Mobile 1.907.398.6841 John_Landua @gci.net From ryanmarquis @gmaif.com fmailto: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? 15 Feel 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 anduaQgci.net> wrote: Mayor Porter and Council Members: 1 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 Iegislation. Thanks to you all for the enormous time and effort you are putting in as our elected City leaders. John 0. Landua 1520 Toyon Way Kenai, Alaska 99611 -7925 Phone 1907.283.3851 Mobile j.907.398.6841 John Landuaeeci.net 16 Chapter 14.05 PLANNING AND ZONING CCMMISS1ON Sections: 14.05.010 Duties and powers. 14.05.020 Fees. 1445.010 Duties and powrs. (a) The Commission shall be required to perform the following duties: (1) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other masters requiring con- sideration under the Kenai Zoning Code, (2) hnterpret 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 recorx mendat ons shall be forwarded to the Council for consideration. (4) Protnote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. (5) 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. (3) Capital Improverrmnts Programming. The Commission shall submit annually to the Council a list of recommended capital 233 17 (0) 14.05.010 improvements which, in the opinion of the Commission, axe necessary and desir- able to be constructed during the forth - coming three-year period. Such list shall be arranged in order of prefern nce, with recommendations as to which protects shall be construe in which year. The Commission shall act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- ters: (1) Subdivision PIat proposals. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments_ (KMC 14-3; Cris. 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 pits, the person presenting the application shall pay to the City Clerk a fee in the amount of one hundred dollars (5100.00). 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 return of the fee paid. C 14-11; Ords. 403, 954, ' 1161, 1179) (Ktaai 4 -7.01) 1.90,01.0 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 1.90.020 1.90.030 1.90.040 1.90.050 1.90.060 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, 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 be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice - chairman shall be selected an- nually and shall be 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- ixative 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. (b) 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 (Kenai Stipp. No. 93, 70•06) 34 expenses projected for the year for approval by the City Council, 1.90.030 Qualifications. (a) A nienaber. 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 be reimbursed for all reasonable ex- penses incurred in connection with this ser- vice, only after approval by Council. The Beautification Committee, and harbor, Library, and Parks and Recreation Commis- sions may at the discretion of the Council have (1) up to two (2) non. - resident members each; or (2) have one (I) member who does not reside in. the City but works at least one - halftime within the City. (Ords. 1948 -2002, 2320-2008) (b) 1.90.040 Terms. (a) A member of a board, -commission 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. 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 (b) 18 be appointed for throe (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. 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) 1 a all matters of parliamentary procedure, .Robert's Rules of Order as revised shall be applicable *and govern all,meetings, unless as specified iaa, KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, vot- ing, ' The responsibility of insuring that all mem- bers of boards, commissions and committees repeive_a.ropy...f the .Stazadardirocedures..of._... Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050-2004; 2140- 2006) (h) (d) 34 -1 19 1.90.040 1.90.060 Specific requirements of boards, • commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 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 committees. (Orris. 1223, 1239) (Kenai Stipp. No. 0 ,10.08) Substitute C Sponsored by Council Members Bookey 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 BRACKETED] 20 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 members 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 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 New Text Underlined; [DELETED TEXT BRACKETED] 21 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 two (2) times a week for one (1) week [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 (31 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 Mavor at a Council meeting. (3)An applicant shall file with the City Clerk a completed application ford`-- appointment to the Commission on a form provided by the Clerk. .--..4611- applications filed by the advertised deadline. including those previously on file [ALONG WITH ANY APPLICATIONS PREVIOUSLY FILED IN THE 90 DAYS PRIOR TO THE ADVERTISED DEADLINEI,(shall beplaced in the Council packet for the meetings where the nomination is made p -where t : = - - ev` s-ee sod d. (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). The Council may re -open the application period. (c) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination no later than. [AT) the next regular Council meeting following the meeting in which the Mavor 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 f 6) months or less remaining to the unexpired term, the Mavor [COUNCIL, AT ITS DISCRETION] may choose to nominate an applicant [APPOINT THE MEMBER1 for appointment to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term, and the Council may confirm the appointment of the applicant to the remainder of the current term as well as to the full term, New Text Underlined; [DELETED TEXT BRACKETED] 22 Ordinance No. 2587 -2011 Page 4 of 4 Section 3. SeverabilitV: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2011. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: October 19, 2011 Adopted: December 7, 2011 Effective: January 7, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 23 14 /lace with a Past, etat with a Futrsre„ 1111' 1992 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Pat Porter, Vice Mayor Ryan Marquis Council Members Mike Boyle, Brian Gabriel, Tim Navarre Council Members Terry Bookey and Bob Molloy November 28, 2011 Ordinance No. 2587 -2011 and Proposed Substitute C The purpose of this memo is to highlight the changes we propose to Ordinance 2587 -2411. Attached with this memo is a proposed substitute referred to as Substitute C. The language below is in legislative format and references the changes from Ord. 2587 -2011 as originally proposed. The changes we propose are as follows: 1. Subsection (a)(2) amended to remove the words "twice a week for two weeks" and replace them with the words "two times a week for one week" It is now proposed to read as follows: (2) The Clerk shall advertise the notice at least two (2) times a week for one (1) week [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. 24 2. Subsection (a)(3) amended to remove the line "along with any applications previously filed in the 90 days prior to the advertised deadline" replacing it with "including those previously on file ". It is now proposed to read as follows: (3) 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, including those previously on file [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. 3. Section (c) amended by adding the words "no later" between the words "nomination" and "than ", also removing the word "at" that is between the words "than" and "the" It is now proposed to read as follows: Confirmation by Council. The Kenai City Council shall review the Mayor's nomination no later than [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. 4. Section (d) amended by replacing the words "the Council, at its discretion" with the words "the Mayor ", also by replacing the words "appoint the member" with the words "nominate an applicant for appointment ", and also adding the words "and the Council may confirm the appointment of the applicant to the remainder of the current term as well as to the full term" at the end of the section following the word' "term" and replacing the period following "term" with a comma. It is now proposed to read as follows: 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 Mayor [THE COUNCIL, AT ITS DISCRETION], may choose to nominate an applicant [APPOINT THE MEMBER] for appointment to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term, [.] and the Council may confirm the appointment of the applicant to the remainder of the current term as well as to the full term. 25 the ca�of KENAI. ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF DATACENTER EQUIPMENT FROM GOVERNMENT COMPUTER SALES INC. WHEREAS, the Finance Department needs to purchase equipment for a new datacenter with prices exceeding $25,000; and, WHEREAS, Dell Marketing L.P. is listed as a contractor for the Western States Contracting Alliance, Computer Equipment, Peripherals & Related Services (WSCA /NASPO -MN) contract; and, WHEREAS, Government Computer Sales Inc. is the exclusive agent on Dell's WSCA contracts in Alaska. WHEREAS, KMC 7.15.050(f) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate; and, WHEREAS, Government Computer Sales Inc. was able to provide pricing lower than that of the WSCA contract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Finance Department is authorized to purchase datacenter equipment from Government Computer Sales Inc. using free market pricing for the amount of $26,635. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of December 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: 26 PAT PORTER, MAYOR KENAI, ALASKA "ida y e with a Past, Ci with a Future" FINANCE DEPARTMENT 210 Fidaigo 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: November 30, 2011 Re: Datacenter Equipment Purchase Funding from the IT Capital Projects Fund is designated to purchase equipment for a new datacenter. The total cost of this equipment is $26,635.00. The Western States Contracting Alliance (WSCA) has a contract to provide all of the equipment we are looking to purchase. Deli Marketing L.P. is a participating member of this contract. Government Computer Sales (GCS) is the only Dell partner in Alaska authorized to provide purchasing using the WSCA contract. GCS was asked to provide WSCA prices, along with free market prices for comparison, for this equipment. The WSCA price was $28,545.20 and the free market price was $26,635. Per KMC 7.15.050(f) equipment may be purchased without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. I am requesting that the City of Kenai purchase the attached equipment using free market pricing from GCS. I feel that this is appropriate as we are authorized to purchase from the contract without a competitive process, and this pricing is Tower than that of WSCA. Attached is a copy of the WSCA quote and the GCS free market quote. 27 Quoted To: Quote 31683 Date 11/15/2011 Dan Castimore City of Kenai dcastimore@ci.kenai.ak.us (907) 283 -8244 We are pleased to Quote as follows: Qty From: QUOTATION Page 1 of' 1 Roy Frederick 794 University Ave, Suite 108 Fairbanks, AK 99709 Toll Free: (866) 424 -2766 Fax: (907) 474 -8307 Direct: (907) 474 -8306 ext 2235 Email: rfrederick@gcsit.com RE: APC Racks - Revised Description 1 1 APC NetShelter SX Colocation 2 x 20U 600mm Wide x 1070mm Deep Enclosure with Sides Black Part AR3200 2 3 APC NetShelter SX 42U 600mm Wide x 1070mm Deep Enclosure Part AR3100 3 2 APC NetShelter 2 Post Rack 45U #12 -24 Threaded Holes Black Part AR201 4 3 APC Vertical Cable Manager for 2 and 4 Post Racks with Covers, 6" Wide Part AR8650 5 5 APC Horizontal Cable Manager, 2U Double Side with Cover Part AR8601 6 5 APC Horizontal Cable Manager, 21..I Single Side with Cover Part AR8600 7 3 APC Horizontal Cable Manager, 1U Single Side with Cover Part AR8602 8 1 APC Smart-UPS VT Rack Mounted 20kVA 208V w/2 batt mod. exp. to 5, w /PDU & startup Part SUVTR20KF2B5S 9 4 Rack PDU 20, Metered, ZeroU, 5.7kW, 208V, (36) C13 & (6) C19 & (2) 5 -20 Part AP8861 10 6 Power Cord Kit (6 ea), Locking, C13 to C14, 1.8m Part AP8706S 11 2 Power Cord Kit (5 ea), C13 to C14, 0,6m Part AP9890 Amount $1,792,00 $1,792.00 $1,198A0 $3,594.00 $115.00 $230.00 $624.00 $1,872.00 $104.00 $520.00 $85.00 $425.00 $63.00 $189.00 $15,009.00 $15,009.00 $576.00 $2,304.00 $106.00 $636.00 $32.00 $64.00 Above Pricing good for 20 days Unless otherwise noted quoted prices include shipping. Please reference Quote # 31683 when placing orders or making inquiries. All product and pricing information is based on latest information available. Subject to change without notice or obligation. TOTAL: $26,635.00 28 (NM 3r.(ormaton TNnPopodagy So Whale, Dell Named Strategic Partner Dell WSCA Proposal CERTIFIED PARTNER Dell WSCA Agent ID: AG94ACB Serving Your Information Technology Needs Since 1989 Presented To: Dan Castimore City of Kenai dcastimore@ci.kenai.ak.us RE: APC Racks - Revised Dan: Alaska WSCA Contract: # 827160 Date: 11/15/2011 Reference No: 111129057 -2 We are proud to assist you with the purchase of Dell solutions via the Alaska State WSCA Contract. Please take a moment to review the following quote(s) carefully. If complete and accurate, you have two easy options to process your order. I have provided details below. Please keep in mind that your purchase will be made with Dell Marketing L.P. in accordance with the terms and conditions that currently exist between your organization and Dell. Online Purchase: You can reduce your order processing time by 1 -3 days by processing your order online, Visit: www.dell.com /ato. Have the Dell quote number(s) listed on attached quote(s) ready. Your direct purchasing agreement with Dell will determine if you can purchase with a credit card or Purchase order number. Purchase Order: To ensure that your order gets processed accurately and timely please include the following information with your Purchase Order: Dell Quote Number Description, Quantity and Price "Ship -to" address, contact name and phone number "Bill -to" address and contact name Tax status (taxable or non - taxable) Vendor To: Dell Marketing L.P. One Dell Way Round Rock, TX 78682 Payment Terms (Net 30, Lease) Ship Method and Pricing Purchase Order Number Purchasing department contact name and phone number Signature of Authorized Company representative To submit your PO directly to Dell please fax it to 1 -512- 283 -7974. If you would prefer to have GCS assist you with; order accuracy, shipment tracking and delivery mitigation please send your PO to GCS via fax to: 907 - 474 -8307 or email to salesPgcsit.com. Please let me know if you have questions or need to make changes. I am ready to assist, Roy Frederick ISR rfrederick@gcsit.com (907) 474 -8306 x2235 Do you have questions or comments for Dell? Call or Email Eddy Chiella: eddy chiellaCdldelLcom or 512 -946 -2723 GCS IT 1 Toll Free: 866- 424 -2766 j fax: 907-474-83071 www.gcsit.com 1 sales@gcsit.com Page 1 of 2 29 c DELL Date: 1 1/15/11 11:18:07 AM CERTIFIgD PARTNER TOTAL QUOTE AMOUNT: Dell WSCA Agent ID: AG94ACB QUOTATION QUOTE #: 603766524 Customer #: 2319059 Contract #: AG94ACB Quote Date: 11/15/11 Customer Name: KENAI PENINSULA BOROUGH $28,545.20 Product Subtotal: $28,545.20 Tax: $0.001 Shipping & Handling: ( $0.00 Shipping Method: I Ground Total Number of System Groups: I 0 SOFTWARE & ACCESSORIES Product I Quantity i Unit Price I Total NETSHELTER SX COLOCATION 2X20U 600X1070 BLACK ENCLOSURE WI SIDES (A4574306) s 1 i 51,809.991 51,809.9 ■etShelter_SX Enclosure with Side Panels - 42U (A1671684) 1 3 i $1,209.99 $3,629.97 j NetShelter 2 -Post Open Frame Rack 45 U 7 -foot high design Black (A1640881) : 2 i $115.991 $231.98 i VERTICAL CABLE MANAGER FOR 2 & 4 POST RACKS WITH COVERS 6 WIDE (A2535229) i 3 $635.09 $1,905.27 21.1 Double Side Horizontal Cable Manager with Cover (A2005979) 5 ; 5106.591 5532.95 2U Single Side Horizontal Cable Manager with Cover (A1979331) I 5 j $87.12 ; $435.60 j AR8602 Horizontal Cabie Manager (A2059234) r 3 i 564.67 j 5194.01 SMARTUPS VT OL 20KVA RM 3-PH 208V 2 BATT PDU STRTU (A0981185 .1 ] ..1 ! $1$,724.75 I $16,724.75 RACK PDU 2G 208V 5.7KW OU 36-C13 6-C19 2.5 -20 METERED (A4095062) I. 4 j 5587.991 $2,351.9 6 Power Cord Locking Kit C13 to C14- 6 ft A4140396 g ( ) A..._ 1 6 1. $110.391_. $662.341 C13 to C14 Power Cord Kit - 2ft (A0400433) _ .,. ..... .. .._ :.:. -..... ... 2 I ... .533.19.1 $66.38 Number of S & A Items: 11 S &A Total Amount: $28,5451. GCS IT ( Toll Free: 866 - 424 -2766 I fax: 907- 474 -83071 www.gcsit.com 1 sales @gcsit.com Page 2 of 2 30 the atyuf KENAI. ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A FIXED INTEREST RATE OF 7.5% PER ANNUM FOR FINANCING OF THE SALE OF CITY -OWNED LAND IDENTIFIED AS LOT 2, BLOCK 1, GUSTY SUBDIVISION TO MA & PA ALASKAN TREASURES, INC. WHEREAS, Ordinance No. 2553 -2011, adopted by the Council of the City of Kenai on May 4, 2011, authorized the sale of the City -owned lands described as Lot 2, Block 1, Gusty Subdivision, under the procedures and terms established for the sale of airport lands outside of the Airport Reserve set forth in KMC 21.15.180 et seq.; and, WHEREAS, the City Attorney prepared the attached draft Purchase and Sale Agreement which provides for traditional third -party financing or City financing; and, WHEREAS, Ma & Pa Alaskan Treasures, Inc. (the Buyer) has elected to utilize City financing; and, WHEREAS, on average the City's interest rate for financing of City -owned lands has been 3% higher than conventional mortgage rates; and, WHEREAS, at the time in which the Buyer submitted an application for sale of land, the conventional mortgage rate was 4.5 %; and, WHEREAS, Administration recommends financing over a twenty (20) year term with interest accruing at a faxed interest rate of 7.5% per annum; and, WHEREAS, KMC 21.15.200 (b)(2) requires that, in the event of a credit sale, the note shall bear interest at a rate to be determined by the City Council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that, in the event of a credit sale to Ma & Pa Alaskan Treasures, Inc. of Lot 2, Block 1, Gusty Subdivision, the note shall bear a Fixed Interest Rate of 7,5% Per Annum. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 2011. ATTEST: Corene A. Hall, Deputy Clerk 31 PAT PORTER, MAYOR ����� the 41# Of,; KEN I ALASKA MEMO: Villa" with a Past Git y with a Fttre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: City Council FROM: Christine Cunningham, Assistant to the City Manager THROUGH: Rick Koch, City Manager DATE: November 30, 2011 SUBJECT: Resolution No. 2011 -78 - Authorizing a Fixed Interest Rate of 7.5% Per Annum for Financing the Sale of City -Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc. The purpose of this memo is to provide information in support of the referenced resolution. Kepi ai. kgrfrd u amnaaare 1111r.' 2011 Ma & Pa Alaskan Treasures, Inc. currently leases the property from the City for the purpose of operating a retail professional center in which Bargain Basement and Redoubt Medical Clinic are located. Ordinance No. 2553 -2011 authorized the sale to Ma & Pa Alaskan Treasures, inc. A Summary Appraisal Report of the property was performed on June 23, 2011 by MacSwain Associates, LLC, which valued the vacant land at $200,000. The City Attorney prepared the attached draft Purchase and Sale Agreement which provides for traditional third -party financing or City financing. Ma & Pa Alaskan Treasures, Inc. has elected to utilize City financing and is able to provide a down payment of $30,000. KMC 21.15.200 (b)(2) requires that the interest rate be determined by the City Council by resolution. Historically, the City's average interest rate for financing of City -owned lands has been 3% higher than conventional mortgage rates. Administration recommends financing over a twenty (20) year term with interest accruing at a fixed interest rate of 7.5% per annum. If Council approves the interest rate of 7.5 %, the Purchase and Sale Agreement can be finalized and actions in preparation for sale can be taken by the City in accordance with KMC 21.15. Attachment cc: Ma & Pa Alaskan Treasures, Inc. 32 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made by and between the City of Kenai, an Alaska home rule municipality (Seller) and Ma & Pa Alaskan Treasures, Inc., an Alaska corporation (Buyer). RECITALS WHEREAS, Seller is the owner of real property ,gOiled at 11472 Kenai Spur Highway in Kenai, Alaska, and described as Lot 2, Blocky ':,a ";Subdivision, Kenai Recording District, Third Judicial District, State of Alaska e Pty); and, WHEREAS, the Property is leased to Property dated August 20, 1970 (as amended and; has applied to purchase the Property; and, yer under a 55- yerFase of the igned t9 yer)(the L840),and Buyer WHEREAS, under the terms of that Least' rer as Lessee already owns and has a right to the structural irnprove� �t�pn the Prop� subject to some conditions that do not apply); and, WHEREAS, by City of Ken ance Ni "2553- 201.1, the Kenai. City J:" Council authorized the sal o '4 :Property e i yer; and, NOW, THE EFOO for good4,04 valuable consideration, the receipt of which is acknowledged, the,' a ee as follows: tereby agrees to sell the Property to Buyer and Buyer hereby i~es to urchae Pro e from Seller, subject to the terms and conditions set Y:; ,l P p ' , subject h in. Puree Price. (a) Buyer agrees to purchase the Property for the sum of TWO HU fDRED;THOUSAND DOLLARS AND NO CENTS ($200,000 US) (the "Purchase Pace ") The Purchase Price may be paid either through third -party financing or through financing under the terms set out in subsections 2(b) and (c), respectively. (b) If third -party financing is utilized by Buyer, the portion of the purchase price not paid in cash through application of any funds produced by Buyer at Closing shall be paid in full through third -party financing at Closing. Buyer represents that PURCHASE AND SALE AGREEMENT Page 1 of 9 U :tgeneral \mapa.agt.purch.111611 33 Buyer has consulted with lending professionals and reasonably believes such financing is available to Buyer. (c) If owner financing is utilized by Buyer, Buyer shall pay a down payment of $30,000, which down payment shall due in cash (or its equivalent) at Closing. The balance due (remainder of the purchase price and any closing or other costs due from Buyer) shall be paid in monthly installments over a term of 20 years with interest accruing at a fixed rate of 7.5% per annum. These terms shall be set forth int .=promissory note signed by Buyer and guaranteed individually by Debora R. Lc), I. and Robert B. Loveall, jointly and severally, and further shall be secured by a first.de 'trust on the Property and on any and. all improvements thereon. Buyer and Debc a Loll and Robert Loveall shall further execute any such other documents as mat* necessary to establish this financing under these terms. 3. Title. Title shall be conveyer y qu %i im deed. The instrument conveying title to the Property shall further include t e J owing restrictions, promises, and/or covenants: (a) that the City of Kenai,re ery s:pnto that the grantee expressly agree for itself and its heirs, executors, administrators, stieei$Ors, .transferees, and assigns, for the use and benefit of the public a right of Yflaght ffo the passage of aircraft in the airspace above the surface of the PrOper . together wife the right to cause in said airspace such noise as may be inherent,in the Ofiteration of a craft, now known or hereafter used, for navigation of or flight m e said ;iti, rspace, and ankfor use of said airspace for landing on or at and for taking off from or:o sera gun Kenai Municipal Airport; and, ) that• the grave expressly agree for itself and its heirs, executors, administrators, successor,vtransferzes, and assigns to restrict the height of structures, y:, oblects': =off` natural grown, a 4 other Obstructions on the Property to a height of not more than 242 -a13Ove mean sea 10e1; and, that the grantee expressly agree for itself and its heirs, executors, administrators, succers, transferees, and assigns to prevent any use of the Property which would interfere'with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport hazard; and, (d) that all covenants heretofore stated shall run with the land and shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the parties to the contract for sale and conveyance; and, PURCHASE AND SALE AGREEMENT Page 2 of 9 U:\ general\ napa.agt.purch.11161. I. 34 (e) that the City shall have a first right of the City to repurchase the Property at fair market value at the time of repurchase should Buyer or any of its executors, administrators, successors, transferees, or assigns propose to sell or otherwise transfer the Property to another person or entity; and, (f) that the conveyance is subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the: ity received title to the land. 4. Closing. At the time of Closing, SelIer'Shalrdeliver to Buyer a quitclaim deed for the Property properly executed and.iknowledged in'roper form for recording and such other instruments and document nay be reasonalyyrequired and customarily given by a Seller to consummate thetrrisacti.ou :utemplated :and, as may be reasonably required by the title company. 5. Closing and Other Costs. All escrc ; fees and closing costs in connection with this sale shall be paid by Buyer unless otheft4se stated in this agreement. If Buyer desires to obtain a ptelirina eoitment for title insurance or title insurance to the Property, it shall be the.resppsibility`iof Buyer to obtain such commitment or insurance and tO:pay all costs associated with the commitment or insurance. Seller ackria*rledgei that Buyer has previously paid a $4,500 deposit which payment was ,utilized to pay for #lie costofaia'appraisal of the Property, which cost is the responsibtl4'o '8tiyer and is Saii.fied. Any and all' paid expenses or income of any kind and all taxes and assessments..:shall be prorated to the date of Closing. EiCh.partysball bear its own costs and attorney's fees, except as otherwise expressly provided. 6. Assessments. If at the time of Closing the Property or any part thereof shall be or shall have been affected by an assessment or assessments which are or may become payable in annual installments, whether or not the first installment is then a charge of lien or has been paid, then for the purposes of this agreement all the unpaid installments of any such assessment, including those which are to become due and payable after Closing, shall under no circumstances be deemed to be due and payable by Seller at PURCHASE AND SALE AGREEMENT Page 3 of 9 U:\ general \rapa.agt.purch.111611 35 Closing or. otherwise. Any said liens or assessments shall be paid and discharged by Buyer, at or before the Closing or Buyer may elect to take the Property subject to said liens or assessments. 7. Casualty to Property. If all or part of any of the Property or any structure thereon is destroyed or damaged by fire or other casualty, Buyer shall have the option to either: (a) complete the closing; but in such eytt the net proceeds of any insurance proceeds prior to Closing shall be resolved accord. 'Otte terms of the August 20, 1970 Lease; or, (b) refuse to accept title to,:'roperty, in whie '*se any portion of the Purchase Price paid shall immediately be‘ Minded toyer 8. Operation of the Property - +Buy er wring the period between the date of this agreement and the Closing, Buyer shall coth Avith the material terms, conditions, and provisions of the Lease`. 9. Property Condition —` S IS; ,,arrarities. Buyer acknowledges that the conveyance of the Property shall be jade by Seller to Buyer on an "AS IS, WHERE IS" basis, and with 4.11 defects andT ts, latent or otherwise, including without limitation fire and wateriood damage and the environmental condition of the Property. Buyer acknowledges Buyer i Purchasing' .te Property in its present condition and that Buyer is relying solely on>Buyer' own prior possession of the Property and structures thereon and on Buyer's own a min ion*nd inspections of the Property. Buyer is not relying on arty statements or reprsntations made by Seller or any agents or represen'ives of Seller;;''' Buyer acknowledges that Seller makes no warranty or representation, express or *tied or arising by operation of law, including that Seller makes no warranty of condition, habitability, hibitability:;inerchantability, or fitness for a particular purpose of the Property or any structure 'thereon, or with respect to the economical, functional, environmental, physical condition, or any other aspect of the Property or any structure thereon. Seller specifically disclaims any warranty, guaranty, or representation, oral or written, past, present or future, as to or concerning: (i) the nature and condition of the Property or any part thereof, including, but not limited to, its water, soil, or geology, or the suitability thereof for any and all activities and uses that Buyer may elect to conduct on the Property or within any structure on the Property, or any improvements Buyer may elect to construct on the Property, or any income to be derived therefrom, or any expenses to be PURCHASE AND SALE AGREEMENT Page 4 of 9 U:\ general\mapa.agt.purcch.111.611 36 incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the absence of asbestos or any environmentally hazardous substances on, in, or under the Property or on, in or under any property adjacent to or abutting the Property or on, in or under any structure on the Property; (iii) the manner of construction or condition or state of repair or lack of repair of any improvements on the Property; (iv) the nature or extent of any easement, restrictive covenant, right -of -way, lease, possession, lien, encumbrance, license, reservation, zoning, condition or other Similar matter pertaining to the Property, or portion thereof; and e compliance of the Property or the operation of the Property or portion thereof with;; laws, rules, ordinances or regulations of any government or other body. The provisions of this paragraph shall survive the exec the deed by Seller and the closing of the transaction ic 'ntemplated by th and delivery of eement. 10. Indemnification; Waiver. (a) Buyeragrees to indemnify and defend Seller from and against any and all losses and` • a` ;1ities, claims, costs (including costs of settlement, attorney's fees, consultant and expert t es), judgments, penalties, fines, and /or damages from personal injury, dl;r, property dare of any nature, resulting or arising from the sale of the Property or resulting ot:arising front or attributable to the operations or activities of Buyer under the Lease an `Iuyer's activities on or about the Property prior to Closing. Buyer wives any right, claim; or cause of action that Buyer may have against Seller with respect to the environmental conditions existing at the Property on the date of Closing. ``Fur her, ifco ntamination of the Property or other property by a Hazardous "lvlaterial(s) Occurs or hay:, occurred due to or arising in any way from Buyer's operations:on the Property;„ an occupant and/or lessee of the Property prior to Closing (or thereafter as owner) Buyer: hall indemnify and defend Seller from any and all losses and liabilities, claims, costs (including costs of settlement, attorney's fees, consultant and expert fees), judgments, penalties,. fines, and/or damages (and including costs of settlement, attorney's fees, consultant and expert fees), which arise during or after Closing and as a result of sucl;contarination. This indemnification of Seller by Buyer includes, but is not limited to, costs incurred in connection with any investigation of site conditions and/or any cleanup, remediation, removal, or restorative work required by any federal, state, or local governmental agency because of a Hazardous Material(s) being present in the soil or groundwater or under the Property or other properties affected by the contamination. PURCHASE AND SALE AGREEMENT Page 5 of 9 U: \general\enapa.agt.purch.111611 37 (c) "Hazardous Materials" shall mean (i) all substances, the clean up and disposal of which is regulated by the Comprehensive Environmental Response Compensation and Liability Act of. 1980 (CERCLA) and the Resource Conservation Recovery Act (RCRA), both as amended and all implementing regulations; (ii) hazardous materials and hazardous substances as those terms are used in the applicable provisions of Title 46 of. the Alaska Statutes and all implementing regulations, (and as amended from time to time); and, (iii) all substances containing petroleum or other hydrocarbons, asbestos, or other materials, substances, or waste t are or become regulated as hazardous or toxic under federal, state, or local lad!;' (d) The provisions of this paragraph Ai shal rvive execution and delivery of the deed. by Seller and the closing of the trap action conternp ted by this agreement. 11. Miscellaneous Disclosures. e str die on the Property is not .., conveyed as part of this sale of land. Notwithstanding. e`iler provides notice to Buyer that radon gas is a naturally occurring \radioactive gas, tt a when it has accumulated in a building in sufficient quantities, may pres a.health risk to rsons who are exposed to it overtime. Buyer, in Buyer's sole discret on,avntact the4Siate of Alaska, Department of Environmental Conservation, or otherdartmerats for additional information regarding radon and radon testing. 12. Delivery of assession ''feller shall immediately after Closing, and without further notice or•demand deliver unto.Buyer full possession of the Property. 1a No Broker and Buyer each represent and warrant to the other that it has not ali t any bro tir regarding the Property and this transaction. Each party sh� tie responsible o defend, demnify, and hold harmless the other as to any claim made . any person or entk entity for a ci anmission claimed as being due as a consequence of the indein �? 'ng party's or conduct. 1 Clog Date. Closing shall occur no later than 2011, . at a title cor pany or bank in the Kenai, Alaska area unless otherwise agreed by the parties. 15. Time. Time is of the essence in the performance of all obligations hereunder. 16. Notices. All notices, demands, and requests that may or are required to be given by either party to the other under this agreement shall be in writing and given by PURCHASE AND SALE AGREEMENT Page 6 of 9 U: \generat\rnapa.agt.purch.111611 38 first-class mail, postage prepaid, to Seller at City of Kenai, Attn: City Manager, 210 Fidalgo Avenue, Kenai, AK. 99611, and to Buyer at 11472 Kenai. Spur Highway, Suite 1, Kenai, AK 99611. 17. Relationship of the Parties. This agreement does not constitute an agreement of partnership or joint venture and does not authorize Seller to act as an agent for Buyer for any purpose nor does it authorize Buyer to act as an agent for Seller for any purpose. 18. Governing Law and Venue. This agreeishall be governed by and construed under the laws of the State of Alaska. Veziue'of aii.spute shall be the Superior Court for the State of Alaska at Kenai. 19. Integration and Modification This agreement contain to entire agreement of the parties. All negotiations, staterne , iepesentations, warranties, and assurances, whether oral or written, which are in anyizi4 related to the subject matter of this agreement or the performance of either party, are Merged, and integrated into the terms of this agreement. This agreement ma** be modified or-amended except by a writing signed by both parties. 20. Bindinn Effect. This .iewient shad °be binding upon and inure to the benefit of the parties, their lOrs, executdm :administrators, successors, transferees, and . assigns, and may be modifed or Cancelled only by a written instrument signed by both parties. 21 .Survival All wairaties and representations in this agreement survive the execution and deliver of the deed by Seller and the closing of the transaction contemplated by this agri rent. 22. Captions. All captions contained in this agreement are for convenience.of•referenceky and shall not be considered in any way in connection with the .interpretation or enforcement of any provision. 23. Authority. Each person signing this agreement on behalf of a party has been authorized to do so by a duly- enacted resolution of that parties' Board of Directors or Council (as may be required by law). 24. Multiple Counterparts. This agreement may be executed in multiple counterparts, each of which will signify each party's agreement to the terns, and together will constitute the Agreement. PURCHASE AND SALE AGREEMENT Page 7 of 9 U:l general \inapa.agt.purch..1.11611 39 25. Effective Date. This agreement will become effective when all the parties have signed it. The date of this agreement is signed by the last party to sign it (as indicated by the date associated with the party's signature) will be deemed the date of this agreement. SELLER: CITY OF KENAI By: Its: • BUYER: MA & PA ALASKAN TREASURES, INC. „..., , „ - Debra R. Loveall President STATE OF ALASKA . ,.! ., . )ss THIRD JUDICIAL Df.TRJCT ' .::::',:, . ) ',.:,. . , The foregoing instrument was acknowledged before me this day of 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, .0.W.behalf of the City. Notary Public for Alaska My Conunission Expires: PURCHASE AND SALE AGREEMENT Page 8 of 9 U: \general Vnapa.agt.purch.111611 40 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2011, by Debra R. Loveall, President of Ma & Pa Alaskan Treasures, Inc., an Alaska Corporation, on behalf of the corporation. Approved as to form: Krista S. Stearns City Attorney Notary Pub C laska My ComMiision E fires: PURCHASE AND SALE AGREEMENT U:\generallrnapa.agt.purch..1 1 161.1 41 Page 9 of 9 KENAIALASKA December 8,2011 "Village with a Past, c i y with a Futtsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 Re: NON-OBJECTION OF LICENSE RENEWAL At its regular meeting of December 7, 2011, the Kenai City Council approved the renewal of the liquor license for Uptown Motel/Louies, license number 1859. The City has raised no objections based on. unpaid taxes, delinquent taxes or obligations of the premises to the City. This approval is made under the condition the Kenai Peninsula Borough is paid for amounts owed for sales and property taxes, plus penalties and interest. If payment is not made, this letter will act as a placebolder for the City of Kenai to protest the transfer of this license. If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Corene Hall Deputy City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department 42 `the di), of/ KENAI, ALASKA December 8, 2011 "Village with a Past, with a Fututre" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 Re: NON OBJECTION OF LICENSE RENEWAL At its regular meeting of December 7, 2011, the Kenai City Council approved the renewal of the liquor license for Acapulco Mexican Restaurant; license number 4740. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. This approval is made under the condition the Kenai Peninsula Borough is paid for amounts owed for sales and property taxes, plus penalties and interest. If payment is not made, this letter will act as a placeholder for the City of Kenai to protest the transfer of this license. If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Corene Hall Deputy City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department 43 the qty:/ KENAI, ALASKA \/ December 8, 2011 Village with a Past, Cl e/ with a Enure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Ms. Christine Lambert Records 86 Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 Re: NON - OBJECTION OF LICENSE RENEWAL At its regular meeting of December 7, 2011, the Kenai City Council approved the renewal of the liquor license for Uptown Motel /Back Door Lounge; license number 2237. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. This approval is made under the condition the Kenai Peninsula Borough is paid for amounts owed for sales and property taxes, plus penalties and interest. If payment is not made, this letter will act as a placeholder for the City of Kenai to protest the transfer of this license. If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Corene Hall Deputy City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department 44 \. the diyof/ KENAI, ALASKA December 8, 2011 'Village with a Pzst, Ci y with a Ftsture" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Ms. Christine Lambert Records 86 Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 Re: NON OBJECTION OF LICENSE RENEWAL At its regular meeting of December 7, 2011, the Kenai City Council approved the renewal of the liquor license for Wal -Mart Supercenter #4474; license number 4878. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. This approval is made under the condition the Kenai Peninsula Borough is paid for amounts owed for sales and property taxes, plus penalties and interest. If payment is not made, this letter will act as a placeholder for the City of Kenai to protest the transfer of this license. If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Corene Hall Deputy City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department 45 KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:02 p.m. A -1. Pledge of Allegiance Mayor Porter Ted those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: Mayor Pat Porter, Vice Mayor Ryan Marquis, Robert Molloy, Tim Navarre, Brian Gabriel (telephonic), and Mike Boyle, comprising a quorum of the Council. Also present were City Manager Rick Koch, City Attorney Krista Stearns, and Deputy City Clerk Corene Hall. A -3. Agenda Approval Mayor Porter read the following addition to the agenda: ADD TO: ITEM D -2: Ordinance No. 2598 -2011 Memorandum from the City Manager MOTION: Council Member Marquis MOVED to approve the agenda as amended and Council Member Boyle SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. A -4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and Council Member Marquis SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. 46 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 2 *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. 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 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. MOTION: Council Member Navarre MOVED to approve Ordinance No. 2597 -2011 and Council Member Marquis SECONDED the motion. The Mayor opened the meeting to public hearing. Mark Schrag, 312 Princess -- Mr. Schrag spoke against the ordinance. There being no one else wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone Ordinance No. 2597 -2011 to the August 1, 2012 meeting and Council Member Marquis SECONDED the motion. Molloy gave his reasons for wanting the postponement. VOTE ON POSTPONEMENT: MOTION PASSED. Council Members voting YES: Marquis, Molloy, Porter, Navarre, Gabriel Council Members voting NO: Boyle MOTION TO AMEND: 47 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 3 Council Member Molloy MOVED to add a Clerk's Note to the now pending Ordinance No. 2597 -2011 to read: The ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process. Council Member Marquis SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. D -2. 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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2598 -2011 and Council Member Navarre SECONDED the motion. There were no public comments or council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. 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. MOTION: Council Member Marquis MOVED to approve Ordinance No. 2599 -2011 and Council Member Navarre SECONDED the motion. There were no public comments. Council Member Marquis requested a report from Administration. City Manager Koch referred to Finance Director Eubank and IT Manager Castimore. 48 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 4 Castimore reviewed the report included in the packet. Eubank explained there was money available because the City saved approximately $95,000 on insurance. Koch applauded Eubank on his work on insurance planning. Molloy thanked Eubank for his work. Navarre asked if the current ordinance was for phase I, with phases II and III to be included in the next budget cycle. Eubank responded yes. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E-1. *Regular Meeting of November 2, 2011 Approved by consent agenda. E -2. *Corrected Minutes of September 21, 2011 Meeting Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G-1. Bi11s to be Ratified -- None. G -2. Approval of Purchase Orders Exceeding $ 15,000 MOTION: Council Member Marquis MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3. Reappointments to Commissions /Committees MOTION: Council Member Navarre MOVED to confirm Commissioners Beeson, Twait, Porter, and Gabriel to their respective commissions and committees. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. 49 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 5 VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council. on Aging -- Marquis reported the next meeting would be December 8, 2011. H -2. Airport Commission -- Gabriel reviewed the November 10 Airport Commission meeting agenda. 1:1-3. Harbor Commission -- Molloy reported the next meeting would be December 12, 2011. H -4. Library Commission -- Boyle reported the December meeting had been cancelled and the next meeting would be January 3, 2012. H -5. Parks and Recreation Commission -- No report. H -6. Planning and Zoning Commission -- Porter reviewed the meeting of November 9, 2011. H -7. Beautification Committee -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter attended the following events: O'Reilly Auto Parts Grand Opening, Classroom Without Walls webcast at Kenai Central High School, Alternative High School Thanksgiving dinner, a meeting with City Manager Koch and representatives from the Kenaitze Indian Tribe regarding the health clinic. Porter asked Council if they would like to host an appreciation event for the commissioners and committee members and they agreed. Porter asked Council if they wanted to webcast Planning and Zoning Commission meetings. MOTION: Council Member Marquis MOVED to direct Administration to webcast Planning and Zoning Commission meetings as soon as the Granicus upgrade was complete. Council Member Boyle SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM J: ADMINISTRATION REPORTS 50 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 6 J -1. City Manager - -Koch reported the following: 1. He would travel to Juneau twice during the next session. 2. Reviewed an update on power outages from Joe Gallagher at Homer Electric Association. 3. Noted the Mystery Dinner on November 18 and 19 at the Kenai Senior Center. 4. FAA would be in Kenai on December 5 for airport certification. 5. Kenai Central High School hockey players would be in Juneau and tour the Capitol and Governor's mansion. Porter congratulated Koch on receiving the Municipal Employee of the Year award from the Alaska Municipal League. J -2. City Attorney -- Stearns congratulated Koch on his award and reviewed her travel to Fairbanks to attend the Alaska Municipal Attorney's conference. J -3. City Clerk -- Deputy City Clerk Hall reviewed her travel to Fairbanks to attend the Alaska Municipal Clerks conference and Newly Elected Officer training hosted by the Alaska Municipal League. Molloy thanked the City Attorney and Deputy City Clerk on their willingness to travel for training. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments Barry Eldridge, 2679 Bowpicker Lane -- Mr. Eldridge congratulated Koch on his award. K -2. Council Comments All council members present congratulated Koch on his award. Marquis congratulated the Kenai Peninsula Borough School. District Board on winning School Board of the Year, and noted he would be attending his daughter's class to describe what a council person does. Navarre reviewed his travel to Fairbanks for the Alaska Municipal League conference and offered to travel to Juneau with the City Manager if he was needed. Gabriel called Koch the Wayne Gretsky of Municipal Employees and thanked Eubank and Castimore for their work on Ordinance No. 2599 -2011. 51 KENAI CITY COUNCIL MEETING NOVEMBER 16, 2011 PAGE 7 EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) L -1. 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. (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6 :00 p, m.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:07 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 52 KENAI CITY COUNCIL WORK SESSION MONDAY, NOVEMBER 28, 2011 6:00 F.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, Vice Mayor Ryan Marquis, Brian Gabriel, Tim Navarre, Robert Molloy, Mike Boyle, Terry Bookey, City Manager Rick Koch, Planning Assistant Nance Carver, Deputy City Clerk Corene Hall ITEM 2: ORDINANCE NO. 2587 -2011 Mayor Porter reviewed notification procedures from various municipalities around the state. Navarre reviewed "How can I serve on a Board or Commission ?" from the Municipality of Anchorage. Bookey reviewed his memorandum and amendments in Substitute C, General discussion occurred. ITEM 3: ADJOURNMENT There being no further business before the Council; the meeting was adjourned at approximately 7:05 p.m. Notes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 53 PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING Of : DECEMBER 7, 2011 VENDOR DESCRIPTION DEPARTMENT .ACCOUNT AIVIOUNT ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 18,088.17 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 10,496,31 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int. PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: DECEMBER 7, 2011 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT MOTOROLA 4 PORTABLE RADIOS POLICE MACHINERY & EQUIPMENT DAVIS BLOCK 21,370.08 50 JERSEY BARRIERS (DIPNET) STREETS OPERATING SUPPLIES 22,500.00 01 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # DEPT. REASON KENAI WATER TREATMENT HATTENBURG, DILLEY & LINNELL FACILITY DESIGN 94277 - WELLHOUSE #4 AMEND. NO. 3 AMOUNT TOTAL PO AMT 46.;50.00 52,837.Q0 eh, city o� KEMA ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2600 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,285 IN THE GENERAL FUND FOR TRAINING FUNDS PROVIDED BY THE ALASKA POLICE STANDARDS COUNCIL. WHEREAS, the Alaska Police Standards Council has agreed to provide a check to the Police Department for $2,285 to assist with unbudgeted training costs; and, WHEREAS in April of 2012 the Police Department is sending two officers to the International Law Enforcement Educators and Trainers Association Conference in Chicago, IL; and, WHEREAS, the Police Department did not budget for this worthwhile training opportunity; and, WHEREAS, the Police Department is requesting the appropriation of $2,285 to the General Fund, Police - Transportation account to cover the costs of training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant -- Police $2,285 Increase Appropriations: Police — Transportation $2,285 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 2011. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 7th, 2011 Adopted: December 2lst, 2011 Effective: December 21st, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 56 tire cc y o f KENAI, ALASKA Vii'f,qe with a Past, CI with a Ft tre" MEMO: 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 FAX: 907 -283 -3014 TO: Rick Koch -- City Manager FROM: Gus Sandahl — Police Chief DATE: 11/29/11 SUBJECT: Request ordinance appropriating anticipated training funds from the Alaska Police Standards Council The Alaska Police Standards Council has agreed to provide the Police Department with a check for $2,285 to help fund unbudgeted training costs. In April of 2012, the Police Department is sending two KPD training officers to the annual International Law Enforcement Educators and Trainers Association (ILEETA) Conference in Chicago. The two officers will attend seminars presented by some of the nation's top law enforcement trainers. The seminars will include advanced training for firearms instructors and control tactics instructors. This opportunity will benefit all officers at KPD, as they receive in- house training from KPD trainers. The $2,285 check from APSC will be deposited into the City of Kenai general fund. I am requesting an appropriation of $2,285 into the general fund, police transportation account to help cover the costs of the unbudgeted training. .T; 57 the elly o f KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2601 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $46,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECT FUND. WHEREAS, the City of Kenai previously received a grant from the State of Alaska for $ 1,000,000 for municipal improvements of which $250,000 was appropriated for the City's Library Expansion Project, $150,000 was appropriated for improvements at Daubenspeck Park and the remaining $600,000 was appropriated for street and sewer projects; and, WHEREAS, there remains $531,289 of street, water and sewer project funds currently unallocated to a specific project; and, WHEREAS, the installation of a new pedestrian bridge over No Name Creek is an eligible project under the state grant; and, WHEREAS, the City received $ 150,000 in funding from the State of Alaska Department of Fish and Game and $25,000 from US Fish and Wildlife to construct and repair infrastructure associated with the annual State of Alaska personal use fishery; and, WHEREAS, to date $137,439 has been spent or encumbered to upgrade trails on the City's north beach and construct additional permanent bathrooms on the City's north beach; and, WHEREAS, installation of the new bridge over No Name Creek is expected to cost approximately $85,000 requiring an additional $46,000 to complete the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following budget revision be made: Street and Sewer Capital Projects Fund From: Construction $46,000 To: Transfer to Other Funds $46,000 New Text Underlined; [DELETED TEXT BRACKETED) 58 Ordinance No, 2601 -2011 Page 2 of 2 BE IT FURTHER ORDAINED that estimated revenues and appropriations be increased as follows: Personal Use Fishery Improvements Capital Proiect Fund Increase Estimated Revenues: Transfer from Other Funds $46,000 Increase Appropriations: Charges (To) From Other Departments $ 7,000 Construction 39,000 $46,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215E day of December, 2011. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 7, 2011 Adopted: December 21, 2011 Effective: December 21, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 59 Suggested by: Administration the GA, . Of CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2602 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $618.50 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, in November 2011, the Kenai Police Department received a $618.50 in asset forfeiture sharing checks from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Police Department intends to purchase law enforcement equipment, including investigative equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeiture $6 18 50 Increase Appropriations: Police - Small Tools $618.50 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 2011. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 7th, 2011 Adopted: December 218t, 2011 Effective: December 21St, 2011 New Text Underlined; [DELETED TEXT BRACKETED] 60 the city of KENAI, ALASKA Tillage laJ ge wl tl Gi Past a 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 MEMO: with a Future' 111 1? 1992 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 11/29/11 SUBJECT: Request ordinance appropriating drug seizure funds I n November 2011, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made Equitable Sharing payments in the amount of $618.50 to the Kenai Police Department. These funds were seized pursuant to 2008 and 2010 drug investigations. The checks for $560.50 and $58.00 were provided to City Finance. Per the U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. am requesting an ordinance to appropriate these funds to the General Fund, Police — Small Tools Account, to help pay for law enforcement equipment, to include investigative equipment. 61 the city of KENAALASKA Suggested by: Council Member Marquis, Council Member Bookey, and Administration CITY OF KENAI ORDINANCE NO. 2603-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 7.05, "TAXATION OF REAL AND PERSONAL PROPERTY" BY ADDING A NEW SECTION "PROPERTY TAX CREDIT - RESIDENTIAL SPRINKLER SYSTEMS," TO PROVIDE A TAX CREDIT TO OWNERS OF RESIDENTIAL STRUCTURES WHO INSTALL CERTAIN QUALIFYING SPRINKLER DEVICES. WHEREAS, the 2009 International Residential Building Code requires the installation of an NFPA (National Fire Protection Agency) 13D compliant sprinkler system in all newly constructed 1 and 2 family dwellings; and, WHEREAS, the City of Kenai has elected not to impose this requirement by amending the City's adopted local building codes; and, WHEREAS, the City understands the benefits of sprinkler systems and encourages that all new one and two family dwellings constructed in the City limits of Kenai to be sprinklered to a minimum standard that complies with the 2009 International Residential Building Code (or better); and, WHEREAS, in light of those benefits, it is in the best interest of the City to provide a property tax credit to the legal owner(s) of the qualified dwelling that is equal to the actual cost of installation or $2.00 per square foot of the dwelling (excluding attached garages), whichever is less, to be used to satisfy City of Kenai real property tares for the subject property. 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 Chapter 7.05 of the Kenai Municipal Code: The Kenai Municipal Code is amended by adding a new section, Property tax credit - residential sprinklers, to be numbered 7.05.075 which shall read as follows: 7.05.075 Property tax credit - residential sprinklers. (a) Credit. The owner(s) of a newly constructed one or two family dwelling who installs, and /or has certified, a compliant sprinkler system by a qualified installer may receive a credit against the City of Kenai property taxes. New Text Underlined; 'DELETED TEXT BRACKETED] 62 Ordinance No, 2603 -2011 Page 2 of 3 (b) Amount of credit. The credit allowed under this section for a residential sprinkler system is the lower of the eligible cost to the owner of the property for the installation of the system or $2.00 per square foot of the dwelling (excluding attached garages). "Eligible cost" means the cost of the sprinkler system including labor and materials required to comply with the minimum standard established by code. (c) Carry Over. The amount of credit in any tax year must not exceed the amount of the City of Kenai property tax imposed on the property benefitted by the credit in that tax year. Any amount of a credit not taken in the tax year in which an application is approved may be carried over in subsequent years until the full credit is granted. Any unapplied credit shall remain with the property and may be utilized by subsequent owners, in the event the property is sold, until the full credit has been applied against taxes of the property. (d) Application. (1) A property owner must submit an application for the tax credit to the Finance Department on or before the date that the Finance Department sets which date shall be no later than April 30 of each year. Applications filed after April 30, or applications that are incomplete as of the date set for filing by the Finance Department, will be retained and, once complete, evaluated for a tax credit for the next succeeding year. (2) An application must: (A) be on the form that the City requires; (B) demonstrate that the taxpayer is entitled to the credit; and, (C) include a certificate of occupancy from the City of Kenai's building official indicating that the system for which the credit is sought meets the requirements of the 2009 International Residential Building Code (of subsequent edition adopted by the City). (e) Appeal. If the tax credit is denied, or if less costs for the installation of the system are allowed than the applicant believes appropriate, the applicant may appeal that decision to the City Manager on a form provided by the City. Appeals shall be filed with the City Manager within fifteen (15) days of the date of any decision under this section. In reviewing an appeal, the City Manager shall consider whether the sprinkler system meets the requirements of this section; the costs were necessarily incurred to install the system in accordance with this section and applicable codes; and the application for the tax credit was timely filed. (f) The credit authorized by this section applies to any tax year beginning January 1, 2012. New Text Underlined; [DELETED TEXT BRACKETED] 63 Ordinance No. 2603 -2011 Page 3 of 3 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(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 2011. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: December 7, 2011 Adopted: December 21, 2011 Effective: January 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED) 64 KENat ALASKA 11(illa e with a Past, CI with a Future" MEMO: 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 TO: City Council FROM: Rick Koch DATE: December 1, 2011 SUBJECT: Ordinance 2603-2011 — Property Tax Credit for Residential Fire Sprinkler Systems The purpose of this correspondence is to recommend Council approval of Ordinance 2603- 2011. The 2009 International Residential Building Code (IRBC) requires installation of fire sprinkler systems in newly constructed one and two family dwellings. The requirement to install fire sprinkler systems in newly constructed one and two family dwellings has been met with strong opposition, primarily as a function of cost, from a variety of individuals and organizations. As a result of this opposition, the majority of municipalities nation -wide have chosen to eliminate the provision requiring fire sprinkler systems. 7992 The Administration, Fire Department, and Emergency Services recognize the value of fire sprinkler systems in newly constructed one and two family dwellings. Administration has prepared this ordinance establishing a property tax credit for homeowners that decide to install fire sprinkler systems. Attached is correspondence from the Finance Department estimating the future financial impact of the proposed ordinance. Fire sprinkler systems have been shown to provide protection for building occupants, the structure, and for emergency response personnel. Thank you for your attention in this matter. 65 KENAI, ALASKA "Villa e with a Past C# with a Futtcre" To: Rick Koch, City Manager -7/ From: Terry Eubank, Finance Director Date: December 1, 2011 Re: Ordinance No. 2603 -2011 FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 -283 -3014 The purpose of this memo is to analyze the financial impact of Ordinance 2603 -2011 on the City's property tax revenue. This analysis will not project potential future use of the proposed credit but will look at the maximum impact the credit could have had if available during calendar years 2007 through 2010. Maximum potential exposure for the City is 82.00 per square foot of new construction excluding garages. The following table shows by year the number of homes constructed, the maximum. credit that would have been available, the combined square footage which would have been available for credit had a qualified sprinkler system been installed, the current assessed value of those properties, and the estimated number of years it would take to exhaust the City's credit. Total Total Years to Homes Maximum Eligible Assessed Exhaust Constructed Credit Square Footage Value Credit 2007 23 $ 88,168 44,084 $ 6,120,000 4.13 2008 22 75,316 37,658 5,265,700 4.09 2009 5 15,738 7,869 1,088,500 4.04 2010 7 22,394 11.197 1.596,200 4.13 Total 57 $201,616 100,808 814,070,400 4.11 Assuming it takes four years to completely utilize the proposed tax credit and 100% participation (maximum potential impact), the amount of credit to be applied each year cannot exceed the total City tax due for that year, the following is a projected impact on property tax revenue by fiscal year for fiscal years 2008 through 2011. Keep in mind a credit applied for and granted in April of any year will not impact the taxes until the subsequent fiscal year. Tax Credit Year FY2008 FY2009 FY2010 FY2011 2007 $22,042 $22,042 $22,042 $22,042 2008 18,829 18,829 18,829 2009 3,935 3,935 2010 - - 5,599 Total $22,042 $40,871 $44,806 $50,405 66 K9.NAI PENINSULA BUILDERS Asti OCAfl N November 30, 2011 City of Kenai Rick Koch, City Manager 210 Fid lgo Ave. Kenai, AK 99611 Dear Rick, On behalf of the Board of Directors and members of the Kenai Peninsula Builders Association (KPBA), I'd like to thank the City of Kenai for their time and effort in developing and proposing a property tax credit in regards to residential sprinkler systems in residential dwellings (ORDINANCE NO. 2559-2011). As an Association, we continue to be in strong support of any precautions a homeowner may take to better protect themselves from fire danger, which would include sprinkler systems, smoke alarms, and all other appropriate safety measures. The KPBA is a strong advocate of the homeowner's right to choose to install a sprinkler system, and will therefore continue to be in opposition of any proposed mandate. We sincerely thank the City for their efforts in offering this tax credit to our community, and appreciate the opportunity to voice our concerns regarding this important issue. Sincerely, i Jeffrey . Twait 2011 /12 KPBA President Cc: KPBA Board of Directors P.O. Box 1753 • Kenai, Alaska 99611 phone: (907) 283 -8071 • fax: (907) 283 -8072 • email: kpba @ptialaska.net 67 tire's KENAI, ALASKA TO: FROM: DATE; RE: 'Wage with a Past Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM Mayor and Council Members Corene Hall, Deputy City Clerk December 1, 2011 COMMISSION /COMMITTEE TERM RENEWALS { Following are the members of city commissions, committees, and boards, who have terms ending in January, 2012 that have expressed a desire to be reappointed. Margaret Milewski Karen Koester Carol Brenckle Randy Rogers Bill Osborn Barry Eldridge Bob Peters Al Hull Council on Aging Planning and Zoning Commission. Library Commission Airport Commission (through May 2012) Council on Aging Harbor Commission Library Commission Parks and Recreation Commission Does Council wish to renew appointments of the above persons to the Commissions /Committee? 68 Members Alaska State Chamber of Commerce Alaska Native Groups Environmental Groups Recreational Groups Aquaculture Associations _ ishing Organizations City of Kodiak City of Kenai City of Seldovia City of Homer Kodiak island Borough Kenai Peninsula Borough "'4nicipality of tchorage "The mission of the Council is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook inlet." November 15. 2011 City of Kenai Mayor Pat Porter 210 Fidalgo Avenue Kenai_ Alaska 99611 Dear Mayor Porter: The Cook Inlet Regional Citizens Advisory Council (RCAC) is a citizen's oversight council for oil operations in the Cook inlet area, organized under provisions in the Oil Pollution. Act of 1990 (OPA 90). The Council's mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. The Council, formed in. late 1990, as a not for profit corporation, consists of special interest groups and municipality seats, which includes the City of Kenai. The. Board of Directors are elected on a 3 year rotating basis. The three -year term. for. the City of Kenai seat expires in March of 20I2. The seat is currently held by Mr. John Williams. Your participation in this membership process is important to us! Please submit to our office by January 30, 2012, written notification of your continued appointment. of Mr. Williams or the name of his replacement. If you have any questions about Cook Inlet RCAC or the selection process, please feel free to contact me at 907 -283 -7222 or karendelanevrr circac.orr . We look forward to hearing from you in the very near future. Sincerely yours, Karen Delaney Assistant Executive Director. • cc: John Williams CIRCAC Board of Directors Cook Inlet Regional Citizens Advisory Council * P.D. Box 2029, Kenai, AK 99611 -8033 Phone: (907) 283-6 729 22 * Fax (907) 283 -6102 the KENAI. ALASKA DATE: 1/1- 09 -I NAME: Alai ' 'er-- CITY OF KENAI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS r--- .... REc,;,.:::„...,0. DEC 01 20.11 ! ORM erne asPit • 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 ?dI ,� Residence Address '02,65 A/'i 6 1 #413'144 Mailing Address . 5hf. 14/4iota .34) Q Home Fax No. /i! /A Business Fax No. 6 07-? 4/31 May we include your contact information on our include? How long? Z7 i�LlZY1 kci+H2.4' k6k Horne Telephone No.3 7 2 a Z j Business Telephone No 9t 7 2y,3 237 7 Email Address; web page? ,AI If not all, what information may we EMPLOYER: Ira A 1 a s l^ , NAME OF SPOUSE:a,� Job Title hl te-c ) i -tEgMe.r" 544-7d c e...� Current membership in organizations: / H fn =dC..� / .. of J Pr) - /1-)a.r tA,t-,y____e_oiLtacd d Past organizational memberships: etna...2 Ar2.419,1Ci Pi r °-thin Ilk •d./- 1 w }' 74 C a.o._ lr ,1 .ei n , t ./F e COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: �-y p� [Ij �, to" WHY DO. YOU WANT TO BE INVOLVED WITH TIUS COMMISSION OR CO MITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? / /1 116 /r ;,4 DC-C1 a- d C 0 /lei ill mod-, a r c -z. 4.)-el t ) a 4 I 0 -/ k J . 3C0' ,.-(.0-1 L /h 7 1-14_ 0_4/i o P an F� z444.,r `!-4 -i a- 14-A -# /e//i« 44,W1 i 4 to ,.d, /2 ':. 44 _ s ..:. _. �. - t,.d ". 4. 'J! ry 1 Signature 70 PENDING APPROVAL KENAI PARKS & RECREATION COMMISSION DECEMBER 1, 2011 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Hull called the meeting to as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: order at approximately 7:00 p.m. Roll was confirmed Chair A. Hull, C, Stephens, R. Lambourn, J. Beeson, R. Tunseth, J. Wilson G. Oliver - Parks and Recreation Director R. Prates, Parks and Recreation Operator C. Konig, Council Member T. Bookey AGENDA APPROVAL Commissioner Beeson MOVED to approve the agenda as presented and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: 3 -a. MOTION: APPROVAL OF MEETING SUMMARY October 6, 2011 Commissioner Lambourn MOVED to approve the meeting summary of October 6, 2011 and Commissioner Wilson SECONDED the motion. There were no objections. SO ORDERED. 3 -b. August 4, 2011 MOTION: Commissioner Beeson MOVED to approve the meeting summary of August 4, 2011 and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. 3 -c. April 7, 2011 MOTION: 71 Commissioner Stephens MOVED to approve the meeting summary of April 7, 2011 and Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Park Signage Parks and Recreation Director Frates reviewed the information in the packet, noting he had spoken with representatives of Kenaitze Indian Tribe and Salamatof Native Association. General discussion occurred. Frates noted commission recommended continuation of design work and obtaining cost estimates to be presented at the February meeting. ITEM e.: NEW BUSINESS -- None. ITEM 7: ' REPORTS 7 -a. Commission Chair -- No report. 7 -b. Director -- Frates introduced Chris Konig as the new Parks and Recreation Operator, noted approval of purchasing a ranger for use during the personal use fishery, noted flowers were being ordered, and gave a status report on the draft trail plan. 7 -c. City Council Liaison -- Council Member Bookey noted an appropriation for parks equipment and reviewed recent commission and committee appointees. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. February 2, 2012 Commissioners Hull and Beeson requested excused absences for the February 2, 2011 . meeting. ITEM 9: COMMISSION QUESTIONS & COMMENTS. Beeson noted he met with Frates, Police Chief Sandahl, City Manager Koch, Mayor Porter and several Kenai Central High School students to discuss the skate park. Beeson gave a status report on the condition of the running tracks at the high school and noted efforts being made through the State. PARKS AND RECREATION COMMISSION MEETING DECEMBER 1, 2011 PAGE 2 72 Council Member Bookey noted the item had been added to the 2012 Capital Improvement Project list. Hull requested a status report on Municipal Park. Prates noted Nancy Casey was working with Wince, Corthell, Bryson on developing construction documents. Hull requested the latest design work be forwarded to the Commission. ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION -- None. ITEM 12: ADJOURNMENT MOTION; Commissioner Lambourn MOVED to adjourn and Commissioner Wilson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING DECEMBER I, 2011 PAGE 3 73 "Vellaye with a Past, City with a Picture" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Interoffice Memo Date: To: From: RE: November 21, 2011 Mayor Pat Porter, City Council Members Corey Hall, Deputy City Clerkk#- E Report to Council - Destruction of Records In accordance with the City of Kenai. Records Retention Schedule, approved and adopted under Resolution No. 2008 -58, the Records Management Division of the City Clerks Office disposed of certain City Records on November 21, 2011, which were subject to disposal under the Schedule. Voted Ballots -- 2010 Election Voted Ballots -- 2011 Election The records were authorized for destruction by the city attorney, as per KMC 10.30. 74 PURCHASE ORDERS BETWEEN $2,500.00 AND $16,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: DECEMBER 7, 2011 VENDOR DLIULIO DISPLAYS BEACON UNIVAR GOVERNMENT COMPUTER SALES DOORS & WINDOWS PROMISE LAND PLUMBING SUPERIOR ELECTRIC MOTOR MOTOROLA DESCRIPTION DEPT. ACCOUNT AMOUNT HOLIDAY DECORATIONS MANAGEMENT AGREEMENT FY12 CHEMICALS BACKUP SERVER PURCHASE REPLACE DpQRS. REPLACE PIPING AT CITY HALL REPLACEMENT MOTOR - WH#2. RADIO BEAUTIFICATION TRAINING FACILITY WWTP IT CAPITAL PROJECTS BUILDINGS BUILDINGS WATER AIRPORT SMALL TOOLS PROFESSIONAL SERVICES OPERATING-SUPPLIES MACHINERY & EQUIPMENT BUILDINGS REPAIR & MAINTENANOE OPERATING SUPPLIES SMALL TOOLS 8,221.2Q 14,279.00 14,000.00 14,9p1.QQ 14,400.00 3,290,00' 5,843.50 3,408.02 "Vtllaje with a Pasi, a with a Futptrell 21.0 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 9071263-7635 I Fax:. 907-283-3014 www.ci.kenaLak.us Budget transfers in Capital Projedts in .exe6sg of film thousand dollar (5,000)., Project IT Capital Proieds Transfer. From Transfer To Amount Explanation 1328098 Construction "132.--80641Vtathiner $5,000,00 Construction estimate came Equipment in low,. moving toeqUipment fund. 76 11/211f1 OPA Signature Page Alaska Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the following address: Attn: Tax Division, Alaska Department of Revenue PO Box 110420 Juneau, AK 99811 -0420 Fax: 907-465 -3098 _ _..----- ...._._ _Year. ____.._.---_- _._..__— .------- _._---- ___ -.- 2012_....... Gaming Permit/License 528 Permittee..Name Fraternal Order Of Eagles Aerie # 3525 E IN /ATIN 920045010 Application Number 9210 Electronically Paid Amount $0.00 Payment Receipt We declare, under penalty of unsuom falsification, that Ke have examined this application, including any attachments, and that, to the best of ourknovdedge and belief it 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, me, the primary member, the alternate member, and if applicable, the manager of games, agree to allowthe Department of Revenue to reviewany criminal history we may have, in accordance Kith 15 AAC 160.934. /476 f1 e resident or other officer's signature (see instructions) Printed Signature Y ,--- ember Charge's signature Printed Signature err. A einate Mbrnber in Charge /Manager Signature /Printed Signature /74//t1 Ddie 1� t /020// Date (i/9'l hi Da Os://myalaska.state.ak.us/TAXOPAL/Signature.aspx 1/3 11/21/11 - OPA Signature Page Organization Information Year Permit requested for Federal EIN or Alaska Tax Identification Number Name of Organization or Municipality Mailing Address One City, State Zip +4 Telephone Number (AD numbers include area code) Fax Number (All numbers include area code) Organization Website Address (If available) Type of Organization Organized As Specify the organization type How will activities be conducted? Does the organization have 25 or more ---- members who are Alaska-residents -as-defined --Yes- in your articles of incorporation or bylaws? 2012 920045010 Fraternal Order Of Eagles Aerie # 3525 5765 Spur Hwy Kenai, AK 99611 + 7406 (907)283-4938 (907)283-4904 Fraternal Corporation Self-Directed by the Organization Have the organization's articles of No incorporation changed? Have the organization's bylaws changed? No Estimated gross receipts for year prior to $100,001 or more application year: Game Types Facility or Location-Specific - Unrestricted Pull-Tabs Area Based - Unrestricted Raffles Seff-Directed Facility or Location-specific Game Type(s) Facility or Location Name Mdress City, State, Zip Ownership Pull-Tabs, Raffles FOE 3525 Kenai 5765-Ke-nal-SpirHwy. Kenai, AK 99611 ÷ 8340 Owned Area-based Information Area Kenai Game Type(s) Raffles Vendor Information Operator Information 78 Ps://myalaska.slate.ak.us/TAXOPAL/Signatureaspx 213 11/21111 OPA Signature Page Multiple.beneficiary Permittee-(MBP) Members in Charge / Manager of Games What position does this person serve? First name Middle Initial Last Name Address Crty, State, Zip Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was t What position does this person serve? First name Middle Initial Last Name Address Alternate and Manager Kelly J Bookey 115 Walker Ln Kenai, AK 99611 + 7406 (907) 283-4433 kfl@acsalaska.net Yes aken Primary Member in Charge Brett Holt —5210 •Mink-Ct City, State, Zip Kenai, AK 99611 Daytime Telephone (907) 283-3239 Mobile Number Email Address Has this person taken the test? Yes Permit number under which the test was taken Legal Information Persons convicted of a felony, extortion, or a violation of a law None Persons with a prohibited conflict of interest None Net Proceeds Dedication; Details Scholarships, school activities, local charities, veteran's organizations, and many others. Attachments Title (Type), Description 79 J2iss://myalaska.state.akusiTAXOPAUSignature.aspx 3/3 NOTICE OF PUBLIC HEARING DECEMBER 7, 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. 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. (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6 :00 p.m.) 2. Ordinance No. 2587 -2011 Substitute C -- 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. 3. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter Equipment from Government Computer Sales, Inc. 4. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per Annum for Financing of the Sale of City -Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc. 1. *Liquor License Renewal • Uptown Motel /Louie's -- 1859 • Uptown Motel /Back Door Lounge -- 2237 • Acapulco Mexican Restaurant -- 4740 • Wal -Mart Supercenter #4474 -- 4878 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, Depu_ty.City Clerk Posted: December 2, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF DECEMBER 7, 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. 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. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter Equipment from Government Computer Sales, Inc 3. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per Annum for Financing of the Sale of City -Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma 85 Pa Alaskan Treasures, Inc 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: December 8, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING December 7, 2011 7:00 P.M. "`"v M9 KENAI CITY COUNCIL CHAMBERS http: / /www.ci. kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS 1. John Bost, Mikunda Cottrell -- (Requested 20 minutes) — FY2011 Comprehensive Annual Financial Statements 2. Janna Hancock, Christian Mission Ministry -- Overview of Possible Services to the Kenai Area ITEM D: PUBLIC HEARINGS 1. 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 (Clerk's Note: At the November 2, 2011 meeting, the Council postponed Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a work session on Monday, November 28, 2011 at 6:00 p.m.) 2. Ordinance No. 2587 -2011 Substitute C -- 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 3. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter Equipment from Government Computer Sales, Inc 4. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per Annum for Financing of the Sale of City -Owned Land Identified as Lot 2, Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc 5. *Liquor License Renewal • Uptown Motel /Louie's -- 1859 • Uptown Motel /Back Door Lounge — 2237 • Acapulco Mexican Restaurant -- 4740 • Wal -Mart Supercenter #4474 -- 4878 ITEM G: NEW BUSINESS 1. Ratification of Bills. 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2600 -2011 -- Increasing Estimated Revenues and Appropriations by $2,285 in the General Fund for Training Funds Provided by the Alaska Police Standards Council 4. *Ordinance No. 2601 -2011 -- Increasing Estimated Revenues and Appropriations by $46,000 in the Personal Use Fishery Capital Project Fund 5. *Ordinance No. 2602 -2011 -- Increasing Estimated Revenues and Appropriations by $618.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City Of Kenai 6. *Ordinance No. 2603 -2011 -- Amending Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property" by Adding a New Section "Property Tax Credit — Residential Sprinkler Systems," to Provide a Tax Credit to Owners of Residential Structures Who Install Certain Qualifying Sprinkler Devices 7. Action /Approval -- Reappointment to Commissions /Committees 8. Action /Approval -- Appointment to CIRCAC EXECUTIVE SESSION -- -- None Scheduled. i` 3* .. . N UNITED STATES OF AMERICA, STATE OF ALASKA sso Denise Reece being first. duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the. Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda YO it96546 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: December 5. 2011 SUBSCRIBED AND SWORN to me before is 6th day of December , 2011 NOTARY PUBLIC in favor for the State of Alaska. My Corm-nission expires 26- Aug-12 _ 01R, I