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HomeMy WebLinkAbout2012-02-01 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Mayor Council - 4 packets Cit. Manar_er Library Kebschull Clarion Cit Attorney Fire Departmen Student Rep. KSRM Clerk Finance Cunningham Hall Binder Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerks Office. COUNCIL MEETING OF: Page M S V Mayor PORTER CM BOOKEY ,CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY mV CM BOYLE r CM GABRIEL `? ," VM MARQUIS '+ CM MOLLOY „z CM NAVARRE '. SR DALY Page M S V Mayor PORTER CM BOOKEY ,CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL ," VM MARQUIS CM MOLLOY „z CM NAVARRE '. SR DALY Page M S V Mayor PORTER CM BOOKEY ,CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY Page M S V Mayor PORTER CM BOOKEY ,CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY COUNCIL MEETING OF: M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY Page -- M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY ,,,, fr CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY Page -- M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY FEBRUARY 1, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ADD TO: F -1: Action /Approval - Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. • Memorandum for City Manager G -6: Discussion - Schedule Work Session to Discuss the Facility Management Agreement for the Kenai Visitors and Cultural Center. • Correspondence from Joe Kash' REQUESTED BY: City Manager Council Member Molloy G -7: Discussion - Schedule Work Session to Discuss Council Member Molloy Tree Removal of Obstructions in the Approach/ Departure & Other Airport Services. • Correspondence from Foster and Virginia Walters REMOVE: L: EXECUTIVE SESSION - Regarding Matters the City Manager Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. ]AS 44.62.310(c)(1)] WIaye with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 EMO: TO: City Council i FROM: Rick Koch DATE: February 1, 2012 SUBJECT: Agenda Item F -1. — Purchase & Sales Agreement between the City of Kenai and Ma & Pa Alaska Treasures, Inc. The purpose of this correspondence is to request that an amendment be made to the above referenced agreement . Below is suggested language to make the amendment. I move to amend the main motion to substitute Section 2(c) of the draft Purchase and Sales agreement with the language contained in City Manager Koch's memorandum to Council dated February 1, 2012, and to authorize the City Manager to execute a Purchase and Sales Agreement with terms substantially equivalent to those included in the draft Agreement as amended. Section 2. (c), p. 2 of the draft Purchase and Sale Agreement to be amended as follows: 1992 "If owner financing is utilized by Buyer, Buyer shall pay a down payment of $30,000, which down payment shall be 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 in a promissory note signed by Buyer and guaranteed individually by Debora R. Loveall and Robert B. Loveall, jointly and severally, and further shall be secured by a first [OR SECOND) deed of trust on the real property (the land) and a first or second deed of trust on any and all improvements thereon. Buyer and Debora Loveall and Robert Loveall shall further execute any such other documents as may be necessary to establish this financing under these terms." The purpose of this amendment is to clarify the City of Kenai's first position on the real property. Thank you for your attention in this matter. Sandra Modigh From: Robert J. Molloy [molloylaw @alaska.net] Sent: Wednesday, February 01, 2012 2:27 PM To: Sandra Modigh Subject: Fwd: KVCC Robert J. Molloy Molloy Schmidt LLC 110 S. willow St., Ste. 10 Kenai, Alaska 99611 (907) 283 -7373 moll) @w @alaska,net Begin forwarded message: From: "Joe Kashi" <kashi @alaska.net> Date: January 31, 2012 2:46:16 PM AKST To: "Robert Molloy" <molloylaw @alaska.net> Subject: KVCC 1-11, Bob I am writing to you in your council member capacity. Working with the local art community for some years on the photography and Kenai Fine Arts Center side, I have come to really appreciate the benefits of the KVCC as a repository museum for local history and culture and as the best arts and public gathering venue in the area. The sorts of big events that the KVCC did so well were a nice and necessary complement the smaller gallery events at the Kenai Fine Arts Center (which is limited to a total of 49 occupants by fire code). There's no where else in the area that is comparable. The KVCC arts events have always brought in a wide range of people, including our legislators, borough mayors, oil field executives, etc. I don't really have much of a dog in this race, so hope that this would be considered as a not frankly biased opinion. Changing the KVCC over to more of a traditional chamber of commerce sort of place would substantially diminish its appeal to visitors. It would not enhance the prestige of the City of Kenai. The oil industry and the City already had good PR through the quality presentation of the area's history and arts on display at KVCC. That works a lot better as PR for out of area visitors than a series of oil rig models. 1 hope that the City of Kenai can straighten out the current situation and retain KVCC as an arts and community culture venue and archive rather than as a chamber of commerce sort of place and perhaps enhance its role in that regard. Thanks for your time Joe Kashi PS - I looks as though I'll be OK and around for a long time. Sandra Modigh From: Robert J. Molloy [bob @molloyforcouncil.com] Sent: Wednesday, February 01, 2012 11:49 AM To: Sandra Modigh Subject: Fwd: airport trees Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob@ mollovforcounciLCOm Begin forwarded message: From: Virginia Walters <vewalltera@ cl.net> Date: January 31, 2012 9:26:08 PM AKST To: bob@molloyfcrcounciLCOr Subject: airport trees Because of minor illness we will not be able to attend the meeting tomorrow evening, but would like to comment on the airport tree clearing project. We live on the corner of Third and Birch, so none of our trees are scheduled to be out or topped; however, we are only one short block from the airport. If the trees are cut down all of the sound barrier will be gone. It seems that topping the trees would serve both the purpose of clearing the flight paths and also saving the surrounding neighborhood from excessive noise. For most of us in the area, when we purchased our properties the air traffic was much less and there was no float plane pond. Over the years we have learned to live with the added noise and occasional vibrating windows. It seems a small request to hope the City Council will give serious consideration to topping the airport trees rather than clear cutting the area. Thank you Foster and Virginia Walters 214 Birch Street Kenai 283 -7305 2/1/12 Kenai City Council As most of you know, the Kenai Chamber of Commerce and the Kenai Convention & Visitors Bureau's Boards of Directors are pleased to announce the union of the two nonprofit organizations. A joint resolution was recently unanimously passed by both organizations, and we are now in the process of uniting the two. We wouldn't have made it to this point without the help and guidance of the Foraker Group. Through some our meetings with Dennis McMillan, Foraker Group President & CEO, he helped us identify some of the key issues facing non - profits, and I will outline his comments on two of these issues: The "funding crisis" for non - profits is real, but it can be managed. Mr. McMillan suggests that successful nonprofits will diversify revenue sources - relying less on government and the oil industry and more on charitable donations and earned income. ® What Dennis called, "the crash of the herd" is upon us. We have too many nonprofits in Alaska and too few qualified people to serve on boards and staff. Just as happens when a physical ecosystem has more species than it can sustain, the nonprofit sector ecosystem is burdened from the over population of organizations. Successful nonprofits will take steps to attract and keep motivated and knowledgeable board members and staff. Nonprofits need to restructure the way they do business. Successful organizations will embrace new models that offer greater efficiency in achieving their missions. Mergers, consolidations, integration and cooperation are more than nice thoughts —they are necessities in our new reality. It is anticipated that there will be a 20% or more decline in non - profits over the next 540 years, through consolidation, mergers and other closures. Both the KCVB and the Kenai Chamber of Commerce have been affected by each of these aspects, and they are part of the reasons the two boards of directors have chosen to merge their operations. This is part of a larger goal to solidify promotion of the community of Kenai into a single non - profit entity and to prevent the unnecessary duplication of similar efforts on behalf of the community. Both organizations agree that a single combined organization offers financial benefits and long term security for its members, its employees, and the community as a whole. While this is an exciting new venture for all those involved, it is worth noting that the two entities formerly operated as one, and separated into two during the 1980's, so we are really just coming back together. The KCVB and the Kenai Chamber look forward to working with the City of Kenai and the Council to continue to promote Kenai's economy and quality of life to current and potential businesses, organizations, individuals and visitors. There are technical aspects to this merger that are controlled by applicable nonprofit statutes and regulations. These technical steps are now underway with particular attention to the best interests of employees, vendors and other entities involved with each organization. I understand the Council plans to have a work session 1 to explore how this decision might impact operations at your Visitor Center facility. Myself and other involved in this process look forward to attending that session so the interest of time I will withhold a more detailed briefing until that meeting. 2 AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 2012 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 three (3) minutes per speaker; thirty (30) minutes aggregated) *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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance 2606 -2012 - Increasing Estimated Revenues and Appropriations by $3,214.81 in the General Fund for State Traffic Grant Overtime Expenditures. Pg 1 2. Ordinance 2607 -2012 - Increasing Estimated Revenues and Appropriations by $10,990.27 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Pg 5 3. Resolution No. 2012 -04 - Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. Pg 9 4. Resolution No. 2012 -05 - Awarding a Bid to B &B Landscape for the Project Entitled, "Kenai Leif Hansen Memorial Park Landscape Improvements - 2012," for the Basic Bid Amount of $18,498. Pg 17 City of Kenai Council Meeting Agenda Page 1 of 4 February 1, 2012 5. Resolution No. 2012 -06 - Authorizing a Budget Transfer of $9,100 within the Water and Sewer Special Revenue Fund - Waste Water Treatment Plant Department. Pg 21 6. Resolution No. 2012 -07 - Authorizing a Budget Transfer within the Airport Fund - for the Purchase of Radios Pg 25 7. Resolution No. 2012 -08 - Authorizing a Budget Transfer within the General Fund - for External Legal Assistance Related to Land Issues. Pg 29 8. Resolution No. 2012 -09 - Authorizing a Budget Transfer within the General Fund - for Upgrades to the Audio System of the City's Council Chambers. Pg 33 E. MINUTES 1. *Regular Meeting of January 18, 2012 Pg 37 F. UNFINISHED BUSINESS 1. Action /Approval - Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision Pg 49 G. NEW BUSINESS 1, *Ordinance No. 2608 -2012 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. Pg 61 2. *Liquor License Renewal - Katina's Greek & Italian Restaurant, License #4533 Pg65 3. Action /Approval - 2012 City Council Meeting Schedule Pg 67 4. Action /Approval - Bills to be Ratified Pg 69 5. Action /Approval - Purchase Orders Exceeding $15,000 Pg 71 6. Discussion - Schedule Worlc Session to Discuss the Facility Management Agreement for the Kenai Visitors and Cultural Center. 7. Discussion - Schedule Work Session to Discuss Tree Removal of Obstructions in the Approach /Departure & Other Airport Services. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging Pg 73 2. Airport Commission 3. Harbor Commission City of Kenai Council Meeting Agenda Page 2 of 4 February 1, 2012 4. Library Commission 5. Parks and Recreation Commission Pg 79 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini Grant Steering Commission. Pg 83 L REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager Pg 85 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION - Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] 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 (RS1), 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, 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. Correspondence to City Council regarding City Dock Boat Launch Fee & Parking Annual Pass Senior Citizen Discounts Pg 95 2. Purchase Orders between $2,500 and $15,000 for Council Review Pg 103 3. Budget Transfer in Capital Projects in Excess of $5,000 - None City of Kenai Council Meeting Agenda Page 3 of 4 February 1, 2012 4. 2012 Gaming Permit - Kenai Elks Lodge 2425 Pg 105 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -8231. City of Kenai Counc February 1, 2012 eeting Agenda Page 4 of 4 A/ 0/ KENAI. ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO 2606 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S3,2 14.81 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTI.ME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic- related overtime funds require no local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $3,214.81 from July 1 to December 31 of 2011; and, WHEREAS, the Police Department is requesting the appropriation of $3,214.81 to the General Fund, Police Overtime account to cover actual costs of traffic safety program participation, 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 Esti State Grant ated Revenues: $3,214.81 Increase Appropriations: Police — Overtime $3,214.81 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of February, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 1 PAT PORTER, MAYOR Introduced: January 18, 2012 Adopted: February 1, 2012 Effective: February 1, 2012 he ciyofe KEALALASKA u "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 1111/12 SUBJECT: Ordinance 2606 -2012 requesting appropriation - Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols were not budgeted in the FY12 budget. Actual overtime costs for Click it or Ticket and DUI overtime patrols from July to December of 2011 are $3,214.81. AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $3,214.81 into the general fund, police overtime account for actual AHSO - related overtime costs. The actual overtime costs for the AHSO - related programs for the first 6 months of this budget year are as follows: DUI $2,397.82 Seatbelt $816.99 Total Requested Appropriation $3,214.81 c cep' °/ KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2607 -2012 AN ORDINANCE OF' THE COUNCIL OF' THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,990.27 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $14,292.27 for the time period of July 1, 2011 to December 31, 2011, and those funds are paid out of the Police — Overtime account; and, WHEREAS, the total Kenai Police budgeted BHP overtime for FY12 was $3,302; and, WHEREAS, the Police Department is requesting the appropriation of $10,990.27 (514,292.27 actual, minus $3,302.00 budgeted) to the General Fund, Police Overtime account to cover unbudgeted overtime costs of Bureau. of Highway Patrol. participation. 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 Increase Appropriations: Police — Overtime $10,990.27 $10,990.27 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of February, 2012. ATTEST: Sandra. Modigh, City Clerk Approved by Finance: 5 PAT PORTER, MAYOR Introduced: January 18, 2012 Adopted: February 1, 2012 Effective: February 1, 2012 t/W L[t) /cf KENAI, ALASKA "Village with a Past, et with a Future" '1J j' 1991 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 1/11/12 SUBJECT: Ordinance 2607 -2012 requesting appropriation — Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police - overtime account, which is now significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai — General Fund. Actual BHP overtime costs for the Kenai BHP officer for the first six months of this budget year (July 1 to December 31, 2011) are 514,292.27. The FY12 Police — Overtime account was budgeted $3,302 for the BHP officer. Actual expended BHP overtime (July to December, 2011): Total budgeted BHP overtime for FY12: Amount requested in appropriation: $14,292.27 53.302.00 (subtract) $10,990.27 I am requesting an ordinance appropriating $10,990.27 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from July to December of 2011. 7 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012 -04 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS PROVIDED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, Resolution No, 2011 -19 authorized the purchase of a 4X4 ambulance to replace a 1997 Freightliner Ambulance scheduled to be replaced in FY 17 but, due to excessive maintenance costs and inability to obtain replacement parts, replacement was rescheduled for FY11; and, WHEREAS, the City purchased a new 2011 Ford Ambulance, and it was placed into service November 9, 2011; and, WHEREAS, the 1997 Freightliner Ambulance is no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sales process; and, WHEREAS, a competitive sealed bid auction or internet sales process are reasonable and acceptable means of disposal of surplus and obsolete city property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the 1997 Freightliner Ambulance be declared obsolete, and that the item may be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, February, 2012. ATTEST: Sandra Modigh, City Clerk st day of PAT PORTER, MAYOR 9 Village with a Past, Cc MEMO: with a Future 911!..' 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: City Council FROM: Rick Koch DATE: January 26, 2012 SUBJECT: Resolution 2012 -04, Surplus Ambulance The purpose of this correspondence is to recommend Council approval of Resolution 2012 -04, declaring a 1997 Freightliner ambulance as surplus. Please find attached information supporting the purchase of the replacement ambulance. If you have any questions please contact me at your convenience, 11 11VU /ale with a Past, CL with a Future " MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX; 907 - 283 -3014 TO: City Manager Koch FROM: Fire Chief Tilly DATE: February 10, 2011 ASO SUBJECT: Resolution 2011 -19 Ambulance replacement The purpose of this memo is to address and support the proposed replacement of our Freight Liner Ambulance. Shortly after its purchase in 1997, the manufacturer of this ambulance, Emergency One, shut down their ambulance product line and parts availability has suffered, Finding replacement parts for this vehicle has been a struggle for many years. The electronics associated with emergency lighting and battery maintenance within this vehicle is proprietary to this manufacturer and with company not building ambulances, finding replacement parts for this complex system has been an ongoing battle. Another reason for recommending the replacement of this ambulance is this vehicle's frequent and reoccurring breakdowns and failures ieading to a overall lack of dependability. Especially in this past year, this vehicle has had major engine problems leading to it being placed out of service multiple times, The last Incident was for a failed head gasket that kept it out of service for an extended period. Because of cal! volumes, and the need for an additional ambulance, we have had to borrow Nikiski Fire Department's ambulance numerous times throughout this last year creating a burden for the neighboring department. Discussions with our vehicle maintenance shop about this ambulance have been supportive of the replacement of this vehicle, Because of the constant and reoccurring times this ambulance in is the in the vehicle maintenance shop, and the priority placed on emergency vehicles, other work is being deferred. In a memo dated August of 2010, the shop foreman accounted for this vehicle being in the maintenance shop 6 (six) times in 2 (two) months this past summer for different problems. Replacement of this vehicle would be my recommendation. 13 ,Nr 14IJ SH@ Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE A 4X4 AMBULANCE. WHEREAS, the City owns a 1997 Freightliner Ambulance that was scheduled to be replaced in F'Y 17 but due to excessive maintenance costs and inability to obtain replacement psu-ts replacement has been rescheduled for FY11; and, WHEREAS, the General Fund will repay the Equipment Replacement Fund over 15 years at a rate of $13,837 annually to accumulate the $257,361 estimated for replacement again in FY26; and, WHEREAS, KMC 7. 15.050(1) allows the City to purchase supplies or materials costing more than $25,000 without competitively bidding when the City purchases the supplies or materials un.der another government agency's contract; and, WHEREAS, pursuant to KMC 7.15.050(11 the City shall utilize the competitive bid contract awarded by the Kenai Peninsula. Borough in lieu of its own competitive bidding process to award the purchase contract; and, WHEREAS, expected delivery of the new ambulance is two - hundred twenty (220) days from the date the order is placed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to use the Equipment Replacement Fund to purchase a 4X4 ambulance, The est.im.ated cost is $165,190. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 2011. A/% Carol L. Freas, City Clerk Approved. by Finance:_ l New Text Underlined; [DELETED TEXT BRACKETED] 15 K\ the city off^ KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012 -05 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID TO B &B LANDSCAPE FOR THE PROJECT ENTITLED, "KENAI LEIF HANSEN MEMORIAL PARK LANDSCAPE IMPROVEMENTS - 2012," FOR THE BASIC BID AMOUNT OF $18,498. WHEREAS, the following bids were received on January 24, 2012: BIDDERS BASIC BID i i Moore's Landscaping 23,933 B & B Landscape 18,498 Alaska Enviroscape 25,9001 ;and, WHEREAS, B &B Landscape's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to B &B Landscape for $18,498; and, WHEREAS, B&B Landscape's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, that the bid entitled, "Kenai Leif Hansen Memorial Park Landscape Improvements- 2012,` is awarded to B &B Landscape for the Basic Bid amount. of $18,498. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of February 2012. ATTEST: Sandra Modigh, City Cleflk,_, Approved by Finance: / : -' -;r PAT PORTER, MAYOR 17 heciyuf KENAAASKA ye with a Past, Cc ' with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ` Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 `i�I MEMO - NDUM TO: Rick Koch, City Manager THRU: Bob Frates, Parks and Recreation Director FROM: Sean Wedemeyer, Public Works Director DATE: January 26, 2012 SUBJECT: AWARD OF CONTRACT; Kenai Leif Hansen Memorial Landscape Improvements - 2012 1992 Rick, The Kenai Leif Hansen Memorial Landscape Improvements consists of renovating the "Flag Pole" flower bed at Leif Hansen Memorial Park. The project scope includes reshaping and restoration, installation of modular block walls, boulders, landscape edging, gravel pad, perennial flowers and shrubs. On January 24, 2012 at 2:OOpm we received 3 bids for the above project. These bids have been reviewed and it was determined that B &B Landscape was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to complete the project. We are only awarding the basic bid of 518,498. The attached Resolution 2012 -05 is recommending award of the bid to B &B Landscape for the total basic bid cost of 518,498. the city of KENALALASKA CITY OF KENAI RESOLUTION NO. 2012 -06 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF 59,100 WITHIN THE WATER AND SEWER SPECIAL REVENUE FUND - WASTE WATER TREATMENT PLANT DEPARTMENT. WHEREAS, $9,100 was included in the repair and maintenance account originally for purchasing a conveyor belt; and, WHEREAS, the conveyor belt was purchased out of operating supplies account; and, WHEREAS, additional funding of $9,100 is needed in the operating supplies account to purchase required chemicals to complete plant operations for FY2012. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: Water and Sewer Fund Waste Water Treatment Plant- Repair and Maintenance To: Water and. Sewer Fund Waste Water Treatment Plant- Operating Supplies $9,100 $9,100 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of February, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: _ PAT PORTER, MAYOR 21 (I1C C[ Ol KENAI, ALASKA Villaye with a Past Gc with a Ftstare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 Ill 11 , MEM0' NDT m TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director 7 DATE: January 25, 2012 SUBJECT: Resolution 2012 -06 budget transfer within Wastewater Treatment Plant department from the Repair & Maintenance account to Operating Supplies Account 19 Rick, Resolution 2012 -06 is requesting Council approval of the budget transfer of 59,100 from the VVVVfP department repair and maintenance account (010 -467 -4538) to the VVVVTP department operating supplies account (010 -467- 2022). The VVVVTP department budgeted $9,100 for a conveyor belt in repair and maintenance account (4538) in FY12 budget. The conveyor belt was purchased out of operating supplies account, (2022) which depleted the account. The transfer of $9,100 Is needed in the operating supplies account to purchase required chemicals to complete plant operations for FY12 The Vt/WTP department repair and maintenance account has sufficient funds to be transferred into the operating supplies account. CITY OF KENAI KENAL AIRS RESOLUTION NO. 2012 -07 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE AIRPORT FUND - FOR THE PURCHASE OF RADIOS. WHEREAS, during a certification inspection the FAA observed communication difficulties between emergency response personnel and airport operations and issued a Letter of Correction to correct the problem; and, WHEREAS, the Airport has applied for its own radio frequency and is purchasing radios to correct this problem; and, WHEREAS, the new airport frequency with the new radios will correct this problem and allow the Airport to effectively communicate with emergency response personnel and airport operations to ensure safe operations; and, WHEREAS, the City has approved the procurement process utilizing a WSCA contract; and, WHEREAS, the Airport has Contingency funds available for the purchase of the radios; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL. OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: Airport Fund - From: Airport - Contingency $6,118.00 To: Airport - Small Tools $6,118.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of February, 2012. Al I EST: Sandra Modigh, City Clerk Approved by Finance: 25 PAT PORTER, MAYOR Memo "Serv%ng'tite.Qt Kevla.G Penisualoun 3J5 ft wit-town SUITE ZD KENAI, ALASKA 99611 TELEPHONE 90T- 2837951 FAX 907.2933733 To; Rick R. Koch - City Manager From: Mary Bondurant — Airport Manager Date: January 24, 2012 Subject: Resolution 2012 -V7- A national mandate requiring public safety frequencies to be narrow- banded has created several communications problems on the airport_ During the recent December 2011 certification inspection, the FAA observed communication difficulties between the Kenai Fire Department and Airport Operations. The Airport received a Letter of Correction to correct this problem by January 30, 2012. The Airport has applied for its own frequency and will need to replace seven(7) existing radios not narrow -band capable. The new frequency and the new radios will correct the communication problems. The Airport has contingency funds available for this unbudgeted expense. Please contact me if you have any questions. Cc: Terry Eubank — Finance Director Attachment www_ci. kenai. ak.us. 27 d'«.ryllt CITY OF KENAI KENALALASKA U RESOLUTION NO. 2012 -08 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND - FOR EXTERNAL LEGAL ASSISTANCE RELATED TO LAND ISSUES. WHEREAS, the City has retained outside legal counsel for assistance with Ian d issues related to the Cook inlet Natural Gas Storage Alaska Facility; and, WHEREAS, current budget is insufficient and an additional $15,000 is needed for these services; and, WHEREAS, the FY12 City insurance cost are $$96,260 less than budgeted of which $23,560 remains available for redirection. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - From: Non - Departmental - Insurance $15,000 To: City Manager - Professional Services $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ist day of February, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 29 PAT PORTER, MAYOR " 'ffaye with a Past, C with a r uture„ FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick I {och, City Manager From: Terry Eubank, Finance Director Date: January 26, 2012 Re: Resolution 2012 -08 At your request I have prepared Resolution 2012 -08 to provide additional funding for outside legal services in connection with land issues regarding Cook Inlet Natural Gas Storage Alaska. The resolution will provide an additional $15,000 for these services in you department's professional services account. Funds are available due to savings on the City's FY12 insurance renewal. Insurance premiums were $96,260 less than budgeted. To date 863,000 has been redirected for information technology upgrades leaving $33,260. Resolution 2012 -09 requests the use of $7,700 leaving 825,560 available which is more than enough for this request. 31 art L'h i / CITY OF KENAI RENAL ALASKA \ \✓ RESOLUTION NO. 2012 -09 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND - FOR UPGRADES TO THE AUDIO SYSTEM OF THE CITY'S COUNCIL CHAMBERS. WHEREAS, the City's Council Chamber audio system has proven inadequate to facilitate internet streaming of council meetings and for members of council to telephonically attend meetings; and, WHEREAS, based upon recommendations from the Administration consultant, significant upgrades are needed with an estimated cost of 520,500; and, WHEREAS, the FY12 budget included available; and, 8,600 for upgrades of which 8,300 is still WHEREAS, the City Clerk has identified $4,500 of available funds in the departments advertising budget; and, WHEREAS, the FY12 City insurance cost are $96,260 less than budgeted of which S33,260 remains available for redirection; and, WHEREAS, upgrading the audio system in the Council Chambers will assure public access to Council meetings via the internet and council's participation in meeting telephonically when needed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - From: City Clerk - Advertising $4,500 Non- Departmental - Insurance 7,700 Buildings - Small Tools 8,300 $20,500 To: Buildings - Machinery & Equipment $20,500 33 Resolution No. 2012 -09 Page 2 of 2 PASSED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, this 1st day of February, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 34 PAT PORTER, MAYOR To: Rick Koch, City Manager Viifar"e with a Fast Gi with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 From: Terry Eubank, Finance Director Date: January 26, 2012 Re: Resolution 2012 -09 In consultation with the City Clerk, the Administration hired a consultant to review the audio system in the Council Chambers focusing on two major issues. The first issue was the quality of audio being provided to the audience listening to meeting on the internet and the second was difficulties for council members when participating in meetings telephonically. The recommendation of the consultant is to replace audio controls with more modem controls that can integrate conference calling. Technology exists that can electronically control input levels to reduce strong inputs to manageable levels and increase week inputs to adequate levels as well as integrating conference calling so the listener receives sound from the chambers audio system and also amplifies the callers voice through the chamber's sound system. Cost for the system upgrade is estimated at $20,500. $8,300 remains of funds to upgrade the video equipment in the chambers that can be redirected to this project. The City Clerk has identified $4,500 in excess advertising funds that are available and the remaining $7,700 is available from savings on the City's insurance policies for FY2012, 35 If KENAI CITY COUNCIL - REGULAR MEETING January 18, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER A Regular Meeting of the Kenai. City Council was held on January 18, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge o A -2. Roll Call There were present: Pat Porter, Mayor Terry Bookey Mince Boyle Brian Gabriel comprising a quorui Ryan Marquis, Vice -Mayor Robert Molloy Tim Navarre of the Council. Also in attendance were: Austin Daly:- Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Sandia Modigh, City Clerk A -3. Agenda Approva; Mayor Porter read t21e following revisions to the agenda: Revise: ITEM B -2 as ITEM B -1 ADD TO: ITEM J -1: Scheduled Public Comments Robert Ruffner, Kenai Watershed Forum City Manager report Industry Outlook Forum "Renaissance of th.e Kenai Peninsula" Agenda Mayor Porter opened the floor for public comment, there being none, public comment was closed. 37 KENAI CITY COUNCIL MEETING January 18, 2012 Page 2 of 11 MOTION: Council Member Bookey MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. A -4. Consent Agenda Mayor Porter read the following revisions to the consent agenda: ADD TO: ITEM E-2 Meeting Minutes December 7, 2011'Meeting Minutes as Amended Mayor Porter opened the floor for public co comment was closed. MOTION: he being none`, public Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. *All items listed with an asterisk ( *} are considered to be routine and non - controversial by the coi.ncil and will be approved by one motion. Therea>aul 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: B -1 SCHEDULED PUBLIC COMMENTS Robert Ruffner, Executive Director Kenai Watershed Forum, provided an overview of the progress on collaborative efforts between the City of Kenai and Kenai Watershed Forum and discussed future projects. B -2 Pete Ross, Kahtnu Ventures, LLC, provided a PowerPoint presentation in favor of the proposed Ambulatory Surgery Center and relayed information pertaining to the center and the history related to the evolution of the idea. 38 KENAI CITY COUNCIL MEETING January 18 20 L2 Page 3 of 11 ITEM C: UNSCHEDULED PUBLIC COMMENTS Rick Ross, 1505 Katie Way, Kenai, of CPGH Inc. discussed the Certificate of Need process for the proposed. Kahtnu Ventures, LLC, Ambulatory Surgery Center and spoke in opposition of the proposed center. Russell Dukowita, Kenai, addressed Council on behalf of the Kenai Central Hockey team regarding the upcoming Annual State Fee Fundraiser on January 29, 2012, from 4 p.m. to 8 p.m. at the Central High School cafeteria. Meeting Break: 7:58 p.m. Back To Order: 8:06 p.m. ITEM D: PUBLIC HEARINGS D -1. Resolution No 2012 -03 - Pertaining to the Authorized Investments of the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Perfo, ruance of the City's Permanent Funds. (Alaska Permanent Capital Consultant Bert Wagnon. requests 15 -30 minute review and discussion) MOTION: Council Member Bookey.R2GV.ED to approve Resolution No. 2012 -03 and Council Member Gabriel SECONDED the motion.'' Bert Wagnon, Alaska. Permanent Capital Management, provided a portfolio review of the City's Permanent Funds and recommended the City continue maintaining its current investments and allocations. Mayor Porter opened the floor for public comment, there being none, public comment was closed, VOTE: MOTION PASSED UNANIMOUSLY. 0-2. Resolution No. 2012 -02 - Accepting a Grant Award from the State of Alaska, Department of Environmental Conservation - Division of Water in the Amount of $1,557,000 and Requiring a Local Match of $667,286 for the Installation of a Water Main from Lawton Drive to Angler Drive along Beaver Loop Road. MOTION: Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -02 and Council Member Gabriel SECONDED the motion. 39 KENAI CITY COUNCIL MEETING January 18, 2012 Page 4 of 11 Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: MOTION PASSED UNANIMOUSLY. D -3. 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. (Clerk's Note: At its December 21, 2011 meeting;! Council postponed Ordinance No. 2603 -2011 to the January 18, 2012 meeting; motion to approve the ordinance is on the floor.' MOTION TO AMEND BY SUBSTITUTE: Council Member Bookey MOVED to amend :by substitute, Ordinance No. 2603- 2011 and Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. Council Member Molloy spoke in favor of the substitute ordinance. VOTE ON AMENDMENT'"SY SUBSTITUTE: MOTION PASSED UNANIMOUSLY. Council Member Bookey. Navarre, Gabriel, and Vice -Mayor Marqu favor of Ordinance No, 2603 -2011 as amended. spoke in Council Member Gabriel requested the City's Building Inspector in recourse to council, provide a future report on number of individuals benefiting from the new:legislation. VOTE TO APPROVE AS AMENDED: MOTION PASSED UN.ASIIMOUSLY. D -4 Ordinance No. 2605 -2012 - Increasing Estimated Revenues and Appropriations by $6,046.52 in the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAC). MOTION: Vice -Mayor Marquis MOVED to approve Ordinance No. 2605 -2012 and Council Member Bookey SECONDED the motion. 40 KENAI CITY COUNCIL MEETING January 18, 2012 Page 5 of 1.1 Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. `Regular Meeting of January 4, 2012 APPROVED BY CONSENT AGENDA. E -2. *Amend Regular Meeting Minutes of December 7, 2011 (Clerk's Note: motion to "amend something previously adopted" is noticed) APPROVED AS AMENDED BY CONSENT AGENDA. ITEM F: UNFINISHED BUSINESS Nave. ITEM G: NEW BUSINESS G -1. *Ordinance 2606 -2012 - Increasing Estimated Revenues and Appropriations by $3,214.81 in the General Fund for State Traffic Grant Overtime Expenditures. INTRODUCED BY CONSENT :AGENDA AND SET FOR PUBLIC HEARING ON FEBRUARY 1, 2012. 0-2. *Ordinance 2607 -2012 - ,Increasing Estimated Revenues and Appropriations by Z10,990.27 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. INTRODUCED BY CONSENT AGENDA AND SET FOR PUBLIC HEARING ON FEBRUARY 1, 2012. 0-3. Amend Resolution No. 2011 -74 - Adopting The City Of Kenai Capital Improvements Plan Priority Lists For State And Federal Funding Requests For The Fiscal Year 2013. (Clerk's Note: m.otion to "amend something previously adopted" is notice) Council Member Bookey MOVED to amend Resolution. No. 2011 -74 by replacing a corrected Capital Improvements Plan Priority List and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 41 KENAI CITY COUNCIL MEETING January 18, 2012 Page 6 of 11 G -4. Action /Approval - Commission /Committee Reappointments Mayor Porter recommended Susan Lovett for reappointment to the Beautification Committee. MOTION: Council Member Bookey MOVED to confirm the Mayor's reappointment of Susan Lovett to the Beautification Committee and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Mayor Porter nominated Kenneth Peterson for the P%anning & Zoning Commission vacancy. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination Kenneth Peterson to the Planning & Zoning Commission and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion.= Council Member Molloy objected to unanimous consent. Council Member Bolye spoke in opposition of Peterson for appointment. VOTE: MOTION PASSED (Council MemberB lean and Molloy voted in opposition) G -S. ActwnJ pproval - Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. MOTION: Council Member Navarre MOVED to approve the Purchase and Sale Agreement between the City.of:Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. Vice -Mayor Marquis SECONDED the motion. Council and administration discussed the City financing the purchase of the property and possible issues related to the deeds. Council Member Molloy spoke in opposition of the agreement as written. 42 KENAI CITY COUNCIL MEETING January 18, 2012 Page 7 of 11 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the Purchase and Sale Agreement between the City of Kenai and Ma &, Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision, to the February 1, 2012 Council meeting. Council Member Boyle SECONDED the motion. Council Member Navarre spoke in opposition of postponing approval of the agreement. VOTE ON POSTPONEMENT: MOTION PASSED (Council Member Navarre, Mayor Porter and Vice - Mayor Marquis voted in opposition) 0-6. Action /Approval - Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify payments of bills over $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY.: G -7. Action /Approval - Purchase Orders Exceeding $15.000 MOTION: Council Meinher Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -S. *Liquor License Renewal - Country Liquor, License #1308 APPROVED BYCONSENT AGENDA. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging - Vice -Mayor Marquis reported the Council elected Mark Necessary as Chair and discussed the upcoming year's goals, objectives, and budget. Next meeting is schedule February 9, 2012. 43 10ENA1 CITY COUNCIL MEETING January 18, 2012 Page 8 of 11 H -2. Airport Commission - Council Member Gabriel reported that the commission elected Henry Knackstedt as Chair and James Bielfeld as Vice - Chair January meeting consisted of discussion and presentations on the tree removal litigation. Next meeting is scheduled February 9, 2012. H -3. Harbor Commission - no report. H -4. Library Commission - no report. H -5. Parks and Recreation Commission - Council Member Hockey reported its January meeting will be held on the 23rd. H -6. Planning and Zoning Commission - Council Member Navarre reported the commission re- elected Jeff Twait as Chair and elected Henry Knackstedt as Vice -Chair The January 11, 2012, meeting provided a 2011 Productivity Report reflecting the commission's work load of conducting 22 meetings and 14 work sessions and projected the same number-of meetings for 2012. Next meeting is scheduled on February 22, 2012. 11-7. Beautification Committee - Mayor reported there was no quorum. ITEM I: REPORT OF THE MAYOR Mayor Porter reported the.Tillowing: attended and City Employee Appreciation Event; welco Flooring. Chamber Awards Banquet d new City business, Quality Mayor Porter requested Couhcibconsider •completing the City Manager and City Attorney annual evaluation the second week in March for budgetary purposes and requestedtsuggested dates be provided to Council at the next meeting. Mayor Porter inquired whether the City would like to continue sponsorship of the Industry Outlook Forum. MOTION: Vice -Mayor MarquiS'"MOVED to approve the City's continued sponsorship of the Industry Outlook Forum in the amount of $500. Council Member Gabriel SECONDED the motion. Administration was directed to find the necessary funds. VOTE: MOTION PASSED UNANIMOUSLY. 44 KENAI CITY COUNCIL MEETING January 18, 2012 Page 9 of 11 Mayor Porter reported on an idea to have a children's coloring activity developed for distribution by the City and Council Members when providing presentations at schools or school functions, MOTION: Council Member Bookey MOVED to approve an expenditure and purchase order in the amount of $550 to Bunny Swan for the design of a children's coloring activity. Vice -Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported the City has had a fair amount of equipment break down during the cold weather; working with a consultant that Buccaneer has agreed to reimbursement the City in developing a condition for excavation licenses to work within the City's right -of- way's; researching small diameter piping for old water and sewer lines; looking at an independent observer on site for vibration testing. J -2. City Attorney reported she will be dut of the office on Tuesday for personal matters. J -3. City Clerk extended appreciation to Council and Administration for their patience with the;?Glerk's office during the City's transfer of the in -house website host. Reported the Dreamweaver website'software upgrade and advised that training is currently being provided' by IT, commended IT for assistance during transition,.? Mayor Porter thanked the Clerk for implementing new roll call. Mayor Porter advised that she and the City Manager will be providing a Community Economic Report and Industrial Park Presentation at the Industry Outlook Forum. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments There were no citizens in attendance wishing to speak. 45 KENA1 CITY COUNCIL MEETING January 18, 2012 Page 10 of 11 K -2. Council Comments Council Member Navarre expressed his appreciation of the Employee Dinner Event and the opportunity to meet more City employees, enjoyed attending the Chamber of Commerce Banquet, noted the merger between the Visitor Center and Chamber of Commerce is a good thing and is looking forward to administration bringing a revised agreement before Council for review. Council Member Gabriel thanked presenters for their time. Council Member Bookey stated that he enjoyed the special entertainment at the Employee Appreciation Event and thanked Council and community for their support on Ordinance No. 2603 -03. Student Representative Daly advised that the school's Silent Desert Auction the previous evening was well attended and had many interesting pieces for auction; provided an update on school sports. Mayor Porter requested a list of proposed improvements from the school related to the skate board park; Student Representative to follow -up. Vice -Mayor Marquis advised that he met with individuals related to the Visitor Center and Chamber merger and remains,.skeptical with concerns and thinks the February Council meeting is too soon to review an agreement pertaining to the merger as there's .still discussion which needs to take place. Council Member.Molloy had no comment. Council Me Event. r Boyle expressed his appreciation of the Employee Dinner ITEM L: EXECUTIVE SESSION - Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and to Give Direction to Administration: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] MOTION: Vice -Mayor Marquis MOVED to enter into executive session regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and to Give Direction to Administration: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] and requested the attendance of the City Attorney and City Manager. Council Member Bookey SECONDED the motion. 46 KENAI CITY COUNCIL MEETING January 18, 2012 Page 11 of 11 VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Navarre MOVED to enter back into regular session at 10:02 p.m. Council . Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Vice -Mayor Marquis advised that while in executive session Council provided direction to the City Attorney and City Manager regarding Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) L -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 (RS1), 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 prdposed in this work product during the Comprehensive Plan process.) ITEM Nt ADJOURNMENT The being no further business before the Council, the meeting was adjou at approximately 10:03p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk 47 "Village with a Past, y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 wwvv.ci.kenaLa<.us TO: City Council FROM: Rick Koch, City Manager DATE: January 4, 2012 SUBJECT: Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision The purpose of this memo is to recommend approval of the attached Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. The Council may recall approving the interest rate included in this Agreement at its December 7, 2011 Council Meeting via Resolution No. 2011 -78. Since that time, the Airport Commission reviewed a draft Agreement and recommended approval of the Agreement with additional language clarifying the height restriction for any ' future buildings on the lot at its December 8, 2011 Commission meeting. The additional language was incorporated into the Agreement by the City Attorney in a new subparagraph 3(c) and an edited subparagraph 3(b). Administration recommends proceeding with City financing, which requires accepting a note secured by a deed of trust subordinate to an existing security interest. This is allowed under KMC 21.115.200(a)(1). The purchase price for the property ($200,000.00) is within the difference between the fair market value of the land with improvements, and the sum of all prior security interests: Appraisal of Land and Improvements, dated June 23, 2011 $600,000.00 First Deed of Trust Balance, as of December 2, 2011 $302,104.61 Difference: $297,895.39 49 Page 2 of 2 January 4, 2011 Purchase and Sale Agreement between the City of Kenai and Me & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision In general, Administration would recommend against the City holding a second deed of trust. However, in this case the beneficiary of the existing security interest is not willing to relinquish first position. Administration has reviewed a preliminary commitment for title insurance as well as the grantee index, and is assured that there are no delinquent liens or unpaid judgments, Additionally, the Buyer provided escrow statements for the purpose of evaluating performance under the first deed of trust and these were found to be satisfactory. Additionally, Ma and Pa Alaskan Treasures, Inc. have consistently made principal payments in excess of payments due. If you have any questions, please contact me at your convenience. Attachment 50 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, lnc,, an Alaska corporation (Buyer). RECITALS WHEREAS. Seller is the owner of real property located at 11472 Kenai Spur Highway in Kenai, Alaska, and described as Lot 2, Block 1, Gusty Subdivision, Kenai Recording District, Third Judicial District, State of Alaska(the Property); and, WHEREAS. the Property is leased to Buyer under a 55-year lease of the Property dated August 20, 1970 (as amended anchassigned to Buyer)(the Lease). and Buyer has applied to purchase the Property; and, WHEREAS, under the terms of that Lease, Buyer as Lessee already owns and has a right to the structural improvements on the Property (subject to some conditions that do not apply); and, WHEREAS, by City of Kenai Ordinance No. 2553 -2011, the Kenai City Council authorized the sale of the Property to Buyer; and NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: 1. Sale. Seller hereby agrees to sell the Property to Buyer and Buyer hereby agrees to purchase the Property from Seller, subject to the terms and conditions set forth herein. 2 Purchase Price. (a) Buyer agrees to purchase the Property for the sum of TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200.000 US) (the "Purchase Price "), The Purchase Price may be paid either through third -party financing or through owner 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 L:lairport\agts\mapa.agt .purch.012512 51 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 in a promissory note signed by Buyer and guaranteed individually by Debora R. Loveall and Robert B. Loveall, jointly and severally, and further shall be secured by a fast or second deed of trust on the Property and on any and all improvements thereon. Buyerand Debora Loveall and Robert Loveall shall further execute any such other documents as may he necessary to establish this financing under these terms. 3. Title. Title shall be conveyed by quitclaim deed. The instrument conveying title to the Property shall further include the following restrictions, promises, and/or covenants: (a) that the City of Kenai reserties unto that thegantee expressly agree for itself and its heirs, executors, administrators, successors. ,transferees. and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in-the said airspace, and for use of said airspace for landing on or at and for taking off from or operating on Kenai Municipal Airport and (b) that the grantee expressly agrees for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of objects of natural growth and other obstructions on the Property to a height of not more than 242 above mean sea level and subject to a further limitation on the high of all structures and improvements of any kind in subsection (c), below; and, (c) that the grantee expressly agrees for itself and its heirs, executors, administrators, successors, transferees, and assigns to restrict the height of all structures and improvements of any kind to a height of not more than 110 based on NAVD -88 Datum; (d) that the grantee expressly agree for itself and its heirs, executors, administrators, successors, 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, PURCHASE AND SALE AGREEMENT Page 2 of 9 L:\ airport \agts rnapa.agtpurch.012512 52 or otherwis ute an airport hazard; and, (e) 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, (f) 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 01 otherwise transfer the Property to another person or entity; and, (g) 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 City received title to the land. 4. Closing. At the time of Closing, Seller shall deliver to Buyer a quitclaim deed for the Property properly executed and acknowledged in proper form for recording and such other instruments and documents as may be reasonably required and customarily given by a Seller to consummate the transaction, contemplated, and as may be reasonably required by the title company. co ectton 5. Closing and Other Costs. All escrow fees and closing costs in h this sale shall be paid by Buyer unless otherwise stated in this agreement. If Buyer desires to obtain-a preliminary- commitment for title insurance or title insurance to the iProperty, it shall be the responsibility of Buyer to obtain such commitment or insurance and to pay all costs associated with the commitment or insurance. Seller acknowledges that Buyer has previously paid a $4,500 deposit which payment was utilized to pay for the cost of an appraisal of the Property, which cost is the responsibility of Buyer cand is satisfied. Any and all prepaid expenses or income of any kind and all taxes and assessments shall be prorated to the date of Closing. Each party shall bear its own costs and attorney's fees except as otherwise expressly provided. PURCHASE AND SALE AGREEMENT Page 3 of 9 L: \airport \ag tss \mapa.agt, purch.012512 53 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 iien 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 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 shalt have the option to either: (a) complete the closing, but in such event, the net proceeds of any insurance proceeds prior to Closing shall be resolved according to the terms of the August 20, 1970 Lease; or, (b) refuse to accept title to the. Property, in which case any portion of the Purchase Price paid shall immediately be refunded. to Buyer. 8. Operation of the Pronenv-= Buver. During the period between the date of this agreement and the Closing, Buyer shall comply with the material terms, conditions, and provisions of the Lease. 9. „ .Property 'Condition— AS'IS; No Warranties, Buyer aclmowiedges that the conveyance of the Property shall he made by Seller to Buyer on an AS IS, WHERE IS" basis, and with all defects and faults, latent or otherwise, including without limitation fire and water /flood damage and the environmental condition of the Property. Buyer acknowledges that Buyer is purchasing the Property in its present condition and that Buyer is relying solely on Buyer's own prior possession of the Property and structures thereon and on Buyer's own examination and inspections of the Property. Buyer is not relying on any statements or representations made by Seller or any agents or representatives of Seller. Buyer acknowledges that Seller makes no warranty or representation, express or implied or arising by operation of law, including that Seller makes no warranty of condition, habitability, merchantability, 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 PURCHASE AND SALE AGREEMENT Page 4 of 9 L :\airport \ag.t s\ napa.agt.purch.012512 54 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 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, ben, encumbrance, license, reservation, zoning, condition, or other similar matter pertaining to the Property, or portion thereof; and (v) the compliance of the Property or the operation of the Property or portion thereof laws, rules, ordinances or regulations of any government or other body. The provisions of this paragraph shall survive the execution and delivery of the deed by Seller and the closing of the transaction contemplated by this agreement, 10, Indemnification; Waiver, (a) Buyer" agrees to indemnify and defend Seller from and against any and all losses and Iiabilities, claims, costs (including costs of settlement, attorney's fees, consultant and expert fees), judgments, penalties, fines, and /or damages from personal injury, death, or property damage of any nature, resulting or arising from the sale of the Property, or resulting or arising from or attributable to the operations or activities of Buyer under the Lease and Buyer's activities on 01 about the Property prior to Closing: Buyer waives 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;. (b) Further, if contamination. of the Property or other property by a Hazardous Material(s) occurs or has occurred due to or arising in any way from Buyer's operations on the Property as an occupant and /or lessee of the Property prior to Closing (or thereafter as owner) Buyer shall 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 such contamination. This indemnification of Seller by Buyer includes, but PURCHASE AND SALE AGREEMENT Page 5 of 9 L: \ airport \agts`mapa.agt.purch.012512 55 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. (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 wasterthat are or become regulated as hazardous or toxic under federal, state, or local law. (d) The provisions of this paragraph shall survive the execution and delivery of the deed by Seller and the closingnof the transaction contemplated by this agreement. 11. Miscellaneous Disclosures. The stn icture on the Property is not conveyed as pan of this sale of land. Notwithstanding, Seller provides notice to Buyer that radon gas is a naturally occurring radioactive gas, that, when it has accumulated in a building in sufficient quantities, may present a health risk to persons who are exposed to it over time. Buyer, in Buyer's .sole - discretion, may contact the State of Alaska, Department of Environmental Conservation. or other departments for additional information regarding radon and radon-testing. 12. Delivery of Possession. Seller shall immediately after Closing, and without further notice or demand, deliver unto Buyer full possession of the Property. 13. No Broker. Seller and Buyer each represent and warrant to the other that it has not dealt with any broker regarding the Property' and this transaction. Each party shall be responsible to defend, indemnify, and hold harmless the other as to any claim made by any person or entity for a commission claimed as being due as a consequence of the indemnifying party's acts or conduct, 14. Closing Date. Closing shall occur no later than 2012, at a title company or bank in the Kenai, Alaska area unless otherwise agreed by the parties. PURCHASE AND SALE AGREEMENT Page 6 of 9 L:\airportlagismapa.agtpurch.012512 56 15. Time. Time hereunder. of the sence in the performance of all obligations 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 first -class mail, postage prepaid, to Seller at City of Kenai, Attn: City Manager, 2110 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. T and construed under the laws of the State of Alaska. Superior Court for the State of Alaska at Kenai. ment shall be governed by Venue of any dispute shall be the 19. Integration and Modification. Thisac eement contains the entire agreement of the parties. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way 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,agreetnent may not be modified or amended except by a writing signed by both part ies. Bind ng Effect. This agreement shall he binding upon and inure to the benefit of the parties: their heirs, executors, administrators, successors, transferees, and assigns, and may be modified or cancelled only by a written instrument signed by both parties. 21. Survival. All warranties and representations in this agreement survive the execution and delivery of the deed by Seller and the closing of the transaction contemplated by thisagreement. 22. Captions. All captions contained in this agreement are for convenience of reference only and shall not he considered in any way in connection with the interpretation or enforcement of any provision. PURCHASE AND SALE AGREEMENT Page 7 of 9 L: \airport \agts\niapa.agt .purch.012512 57 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 he 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 terms, and together will constitute the Agreement. 25. Effective Date. This agreement will beeoit effective when all the parties have signed it. The date of this agreement is signed bytiae 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 R. Koch City Manager ER: MA & HPA ALASKAN TREASURES, INC. By: Debra R. Loveall Its: President PERSONAL GUARANTOR: By: Debra. R. Loveall PURCHASE AND SALE AGREEMENT L: ;ai rport \agts'wapa. agt.purch.012 512 58 Page 8 of 10 PERSONAL GUAi NTOR: By: Robert Loveall STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of , 2012, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. ry Public ,for Alaska y Commission Expires: STATE OF ALASKA.. THIRD JUDICIAL DISTRICT. The foregoi nstrunient was acknowledged before me this day of , 2012, by Debra R. Loveall, President of Ma & Pa Alaskan Treasures, Inc., an Alaska Corporation, on behalf of the corporation. STATE OF ALASKA )ss PURCHASE AND SALE AGREEMENT L: \ airport \agts\m apa.agt.purch.012512 59 Notary Public of Alaska My Commission Expires: Page 9 of 10 JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2012, by Debra R. Loveall. Notary Public for Alaska My Commission Expires: STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT The foregoing instrument 2012, by Robert Loveall. as acknowledged,before me this day of o Public for Alaska. My Commission Expires: Approved' as to fo Krista S. Stearns City Attorney PURCHASE AND SALE AGREEMENT L:eirpon \ag, slmapa.agLpurch.012512 60 Page 10 of 10 Act KENAI.ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2606 -2012 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS TO COMPLETE THE CLOSURE OF THE COUNCIL ON AGING SPECIAL REVENUE FUND. WHEREAS, as part of the FY2012 Budget the administration proposed to combine the Senior Citizen and Council on Aging Special Revenue funds into a single fund as separation was no longer required; and, WHEREAS, reducing the number of special revenue funds simplifies the City's accounting without reducing accountability or ability to provide program level reporting; and, WHEREAS, transferring the residual fund balance from the closing Council on Aging Fund is the final step in this process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, as follows: Section I. Estimated revenues and appropriations be increased as follows: Council on Aging Increase Estimated Revenues: Appropriation of Fund Balance $106,133 Increase Appropriations: Transfer to Senior Citizen Fund. $106,133 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 1, 2012 Adopted: February 15, 2012 Effective: February 15, 2012 New Text Underlined DELETED TEXT BRACKETED] 61 „V it e with a Past, Gc with Fuels FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manag"- From: Terry Eubank, Finance Director Date: January 26, 2012 Re: Ordinance 2608 -2012 During preparation of the FY2012 Budget it was proposed to reduce the number of funds used to account for senior citizen activities of the City. In the past, due to the varying revenue sources, multiple funds, The Council on Aging Special Revenue Fund (COASRF) and. the Senior Citizen Fund (SCF), we used to account for senior programs. In FY2012 the only revenue source remaining in The Council on Aging Special Revenue Fund was Choice Waiver funding received from the State of Alaska. Finance recommended. consolidating the two senior funds for easy of reporting. The FY12 budget reflects this change but at June 30, 2011 5106,133 remained in the (COASRF) that must be transferred to the SCF for the process to be complete. Ordinance 2608 -2012 will accomplish this step. 63 the. ry °f/ KENAI, ALASKA February 2, 2012 "Village with a Past, City with a Fgttcret' 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 February 1, 2012, the Kenai City Council approved the renewal of the liquor license for Katina's Greek and Italian Restaurant; license number 4533. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. If you have any questions, please contact me at 283 -7535, extension 231. Sincerely, Sandra Modigh, CMC City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department 65 tFJL' Ll� D� j KENAI, ALASKA MEINIORP NDU'M TO: FROM: DATE: Jamtary 26, 2012 RE: 2012 City Council Meeting Schedule "Vi lla e with a Past, City with a f-titure' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 Honorable Mayor and City Council Members Sandra Modigh, City Cl timftrl 9111.' 1992 The proposed meeting schedule for 2012 is as follows: 1 ON , 1ST MEETING ! 2 vn`MEET 14 NOTES January 4u, 18 h February 1'` in March 2 1 s` Special Mgt 3/5 — City Manager Evaluation Special Mgt 3/13 -. City Attorney Evaluation April 4th 18fh 24`'x' & 26th — Budget Work Sessions May 2° 16th June 6h' 20t July I 10 th cn 18 Ho �l Mang Rescheduled from 4th of .July August l s` 15th s September Sm lgsu October 3ra 17th November j 7t° 21st "CIP Legislative Priorities Work Session to he Scheduled Decembe 191h 67 PAYMENTS OVER $15,000,00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF : FEBRUARY 1, 2012 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITtES HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 32,317.26 104,760.32 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect, MI RSC CAPITAL MARKETS US GOV'T SECURITIES 1/25/2015 2,000,000.00 a 0.5 � PURCFIASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: FEBRUARY 1, 2012 VENDOR DESCRIPTION DEPT, „MD PAINTING REC CENTER INTERIOR PAINTING BUILDINGS INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION MIKUNDA COTTRELL ACCOUNT AMOUNT BUILDINGS 15,062.09 P.O.# DEPT. REASON AMOUNT TOTAL PO AMT FY12 AUDIT SERVICES 96397 - LEGISLATIVE AUDIT SERVICES 526,24 40,676.24 the a'y of KENAI, ALASKA CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: 2- -2o NAME: Eo"n /'9 /�% /VF_ 5 RETURN TO: KENAI CITY CLERE 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? /S How long? -22, t�Y,.S. Residence Address cc5o 7 [5o. Ly/ «o 77 ed 4�,/H; AC 99i // Mailing Address \f /9,Wr /9“5 .reis c7'A/Gt f 24/ eess -lame Telephone No. 1a7- ,399s-S/%g5` Horne Fax No. — Business Telephone No Business Fax No. — Email Address: j,v et i &Vps /„S'CyAiao,, eirey7 May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: — Job Title — NAME OF SPOUSE: Ger ea s E Current membership in organizations: 4:A/A. 5c- CC A/ nr ,e Past organizational memberships: / /a /- j/417:M_4 re to COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 6un2 C i /Gn= 4 WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? /(4 po reseNr4 v c"vcu- m'q1 -v Gen? r.5 /4sT�.5`5r/Cie ve 6ee,U RA/ .4 /,vosr C3',9/z. 1/ Y/5/7 d- 7a 7--Xc i,,C, 51 ( zr4 fINOj AH /N re reS rec/ /4/_ ,A9- rrrC I it r /NO ice/ (�NGnI/✓G �• {.S C�c ss,o,v -rM -/ Al 44-L FA -T5 f'F-fL rc, re ' /e%i,g,y s CONr/NN en' fj en /2 y yroc.“) 7-A o . -. J(< S.t-lP.Vre r. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE ME ?MBERSHIIP? / / / c �� fj'.PA /�R/ �'pev/c.°NCO. agr3 £%r/Y (hi /rvUn c /mac /7 /rA7W — O GKS./NA°A/a9/ 73 PENDING APPROVAL COUNCIL ON AGING MEETING JANUARY 12, 2012 KENAI SENIOR CENTER 4:30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Chair V. Geller, L. Flowers, M. Necessary, B, Osborn, L. Nelson, K. Rogers J. Horner, M. Milewski Senior Center Director R. Craig, Council Member R. Marquis AGENDA APPROVAL Mernber Osborn MOVED to approve the agenda and Member Flowers SECONDED the motion. There were no objections. 50 ORDERED. ITEM 3: MOTION: ELECTION OF CHAIR AND VICE CHAIR Member Osborn . MOVED to nominate Mark Necessary as chair and Linda Flowers as vice chair and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: MOTION: APPROVAL OF MEETING SUMMARY - October 13, 2011 Member Osborn MOVED to approve the meeting summary of October 13, 2011 and Member Flowers SECONDED the motion. There were no objections. SO ORDERED, ITEM 5: ITEM 6: 6 -a. PERSONS SCHEDULED TO BE HEARD -- None OLD BUSINESS Discussion -- CDBG Grant 75 Craig reported she had postponed applying for the CDBG grant due to a shortage of staff and would look into applying in the future for heated sidewalks, a new boiler, and emergency generator. ITEM 7: NEW BUSINESS 7 -a. Discussion -- 2012 Goals & Objectives General discussion occurred. Goals were determined as follows: 1. Garage for vans 2. Indoor Walking area 3. Wood working area 4. Pool tournament 5. Extra storage /covered parking 6. Classes such as scraphookin.g or sewing 7. Photography class 8. Evening classes 9. More open door policy Better snow removal was also discussed and Craig noted this would be a budget issue. 7 -b. Discussion -- FY2013 Budget Craig reported the council wanted to add tables that could be stored to utilize space better, adding contract snow shoveling. ITEM 8: REPORTS 8 -a. Council on Aging Chair -- None. 8 -b. Director -- Craig noted Volunteer Appreciation on January 20, the Valentine's day party on February 14, and the March for Meals fundraiser 8 -c. Council Liaison -- Council Member Marquis reviewed the past City Council meeting. ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION 9 -a. February 9, 2012 Members Rogers and Nelson requested excused absences. ITEM 10: QUESTIONS & COMMENTS -- None. ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 12: INFORMATION 76 COUNCIL ON AGING MEETING OCTOBER 13, 2011 PAGE 2 ITEM 13: ADJOURNMENT MOTION: Member Osborn MOVED to adjourn and Member Flowers SECONDED the There were no objections. 3O ORDERED, ouo There being no further business before the Council, the meeting was adjourned at approximately 5:45 p.m. Meeting summary prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk 77 COUNCIL ON AGING MEETING OCTOBER 13, 2011 PAGE 3 PENDING APPROVAL KENAI PARKS & RECREATION COMMISSION JANUARY 23, 2012 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 order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Chair A. Hull, C. Stephens, J. Beeson, R. Tunseth, R. Lamboum Commissioners absent: E. Castillo, J. Wilson Staff /Council Liaison present: Parks and Recreation Director R.Frates, Council Member R. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Stephens MOVED to approve the agenda as presented and Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: ELECTION OF CHAIR AND VICE CHAIR Commissioner Stephens MOVED to nominate Al Hull as Chair and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Beeson MOVED to nominate Ryan Tunseth. as Vice Chair and Commissioner Stephens SECONDED the motion. There were no objections, SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- December 1, 2011 MOTION: Commissioner Beeson MOVED to approve the meeting summary of December 2, 2011 and Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD - None. 79 ITEM 6: OLD BUSINESS 6 -a. Discussion -- Municipal Park Frates noted Nancy Casey, Landscape Architect, made changes based upon commissioner comments and presented a new design for review. General discussion occurred, MOTION: Commissioner Stephens MOVED to recommend approval of the plan as submitted and Commissioner Beeson SECONDED the motion. VOTE: Hull YES Tunseth I NO Lamboum j NO Stephens YES I Beeson I YES Castillo ABSENT %ilson i ABSENT VOTE: MOTION FAILED. 6 -b. Discussion -- Trail Plan Frates noted the changes to the draft trail plan and general discussion occurred. MOTION: Commissioner Beeson MOVED to recommend Council look at dev =loping a property notification and public hearing process for Parks and Recreation projects, i. e. trails, so that the Commission had information based upon public input. Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS 7 -a. Discussion -- FY2013 Draft Budget Frates reviewed the draft budget noting several upcoming project considerations and equipment needs. ITEM 8: REPORTS 8 -a. Commission Chair - No report. 8 -b. Director - Frates reported on snow removal at public buildings, Fur Randy organizers were planning their third annual Small Communities Basketball Tournament, reviewed cost estimates for the Little League Field improvements, and PARKS AND RECREATION COMMISSION MEETING JANUARY 23, 2012 PAGE 2 80 noted the new full lime operator would start late in February. 8-c. City Council Liaison - Council Member Molloy reported on the tax credit ordinance on sprinkler systems for home owners. ITEM 9: NEXT MEETING. ATTENDANCE NOTIFICATION 9 -a. April 5, 2012 No commissioners requested an excused absence for the April 5, 2012 meeting. ITEM 10: COMMISSION QUESTIONS & COMMENTS - None. ITEM 11: Pz.RSONS PRESENT NOT SCHEDULED TO BE HEARD Kristine Schmidt, 513 Ash - expressed her frustration on the lack of notification of the public regarding projects and suggested a town hall meeting to gather input from the public. ITEM 12: INFORMATION 12 -a. Leif Hansen Memorial Park Flower Bed Re- construction Plans. ITEM 13: ADJOURNMENT MOTION: Commissioner Beeson MOVED to adjourn and Commissioner Lambourn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING JANUARY 23, 2012 PAGE 3 81 PENDING APPROVAL MINI -GRANT STEERING COMMISSION CLERK'S CONFERENCE ROOM CITY HALL JANUARY 24, 2012 4:30 P.M. MAYOR PAT PORTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Mayor Porter called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Commissioners present: Mayor P. Porter, P. Carty, J. Beech, J. Beeson Commissioners absent: T. Wisnewski A quorum was present. ITEM 2: MOTION: AGENDA APPROVAL Commissioner Carty MOVED to approve the agenda as presented and Commissioner Beech. SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Carty MOVED to nominate Pat Porter as Chair and Johna Beech as Vice Chair and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: REVIEW /APPROVAL OF MEETING SUMMARY -- October 4, 2010 The meeting summary of October 4, 2011 was approved unanimously. ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 6: UNFINISHED BUSINESS -- None, ITEM 7: NEW BUSINESS 7 -a. Discussion /Action -- Review of Mini -Grant Applications for Award e Cooking For Kids, submitted by Noelle Schmitter- Schrier F§, Carolyn Kiefer Kenai Central Alumni. Garden, submitted by Lauren Schams Applications were discussed. 83 MOTION: Commissioner Beech MOVED to approve both applications and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: ANNOUNCEMENTS -- None. ITEM 9: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 4:50 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk MINI -GRANT STEERING COMMITTEE MEETING JANUARY 24, 2012 PAGE 2 84 co co The City of Kenai CO a) Resurgence of Natural Gas Development in Kenai OD Kenai Industrial Park Proposed Buccaneer Site CO Kenai Industrial Park Services & Features • Proximity to Airport (1/4 mile) • Water & Sewer Utilities • Electrical Utility (480V -Three Phase) • Natural Gas Utility • Telecommunication Utilities • City Maintained Crushed Aggregate Surfaced Roadways CO Kenai Indus r�al Park Services & Features (cont) 20 Lots from one acre to seven acres in size. • Lot sizes can be modified to fit Leaseholder needs • The Industrial Park can be expanded to add additional area /lots • Available beginning the su er of 2012 0 Kenai Industrial Park Lease Terms • Term — 30 Years, with guaranteed right of renewal for additional 30 years • Annual Lease Rate based on eight percent (8%) of fair-market appraisal. Re- appraisal accomplished every five years • Development schedule for improvements will be included in the lease Kenai Industrial Park Lease Incentives Costs to Leaseholders for permanent improvements to the lease lot(s) will be recognized as 100% credits against lease payments for the first five -year lease period ® Clearing & Grubbing ® Unclassified Excavation -- Classified Fill & Backfill Kenai Industrial Park - - - CELT OF ttF-.1 KPI,C4-2,C EEC `1,1,111“-, ratnegara_aminaa t/SONtt, ARMIIIILUttintatt g t OC,71t/R1 0,77. ZESIOME4S1:31M1. CD W For Additional Information the KENAI, ALASKA Ny- Rick R. Koch City Manager City of Kenai 210 Fidaigo Ave, Kenai, AK 99611 City Hall: (907)283 -8222 CeII: (907)398 -0190 Fax: (907) 283 -3014 Email: rkoch @ci.kenai°ak,us Sandra Modi h From: Sent: To: Cc: Subject: Hi Sandra: Robert J. Molloy [bob ©molloyforcouncil.comj Tuesday, January 24, 2012 8:31 AM Sandra Modigh Mayor Porter; Mike Boyle; Tim Navarre; Ryan Marquis; Terry Bookey; Brian Gabriel; Bob Stockdale; Krista Stearns; Rick Koch; Sean Wedemeyer Re: City dock & parking annual pass Please make this email and information item in the meeting packet for the February 1, 2011 City Council Meeting. Thank you. Bob Molloy Roberti Molloy, Council Mernner Kenai City Council Kenai, Alaska bob Q m olicsfgogai i. pom On Jan 18, 2012; at 5:17 PM, Bob Stockdale wrote: Hello Mayor & City Councilmen, in every barber shop and resturant in town, you can over hear our seniors talking about how hard it is to make ends meet. And how they are being forced to give up something they enjoy, just to pay for their necessarities, like food and shelter. I really hate to think- - just how many are being forced off our Kenai River, just because of the price of gasoline to run their outboard and the price of launching their boat. I know the City of Kenai can not do anything about the price of a gallon of gas, but you can do something about the price of launching their boats. Our older Kenai folks, living on fixed income, could be helped by offering them a greatly reduced price on your annual parking & boat launch pass. This would be very easy and inexpensive for the city to do- -Kenai could offer the Senior Pass from Jan, lst. until April 30th at City Hall. Each senior would show his ID and be allowed to purchase just one and the pass would have to be attached to the windshield of his one vehicle. You could add a few restrictions to keep people from abusing 4 and to make it easy for compliance. Free senior fishing & hunting permits (PO) have been around for a long time and Is a very popular and successful program -Kenai should adobt one also. 1 95 Thank you for seriously considering my suggestions. Sin sly yours, Bob Stockdale 47488 Grant Ave. Kenai, Ak, 99611 283 -7903 2 96 Sandra Modigh From: Robert J. Molloy [bob @molloyforcouncii.com] Sent: Tuesday, January 24. 2012 8:35 AM To: Sandra Modigh Cc: Dwight Kramer; Mayor Porter; Rick Koch; Terry Bookey; Ryan Marquis; Brian Gabriel; Mike Boyle; Tim Navarre; Krista Stearns; Bob Stockdale Subject: Fwd: City Launch fee Adjustment for Seniors Attachments: KAFC Kenai City Dock Launch Fee Letter.doc; A T T14383941.htm Hi Sandra: Please make this email and Its attachment letter an Information Item in the meeting packet for the February 1, 2011 City Council Meeting, Thank you, Bob Molloy 97 rage 1 0t 2 Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bobrihm oil ovforcotnteil.00m Begin forwarded message: Frorn: "Robert J. Molloy" <hoh @mollovforcouncjl com> Date: January 24, 2012 8:32:11 AM AKST To: Dwight Kramer <dwimar©aci.net> Cc: Rick Koch < rkochC@ c:. kenai. ak. us >,'orianaabrielOacsaiaska.net terry @bookevforkenai.com Ryan Marquis <rvan@marauisforkenai.com >, tirrnnavarre .eom, Mike Boyle <mbovie@alaska.com >, Mayor Pat Porter <kenaimavorl o @ msn.com> Subject: Re: City Launch fee Adjustment for Seniors Thank you Mr. Kramer, Hi Sandra: 1 will ask the City Clerk to make your email email and attachment letter an information item in the meeting packet for the February I, 2011 City Council Meeting. Thank you. Bob Molloy Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob ©molloyforcouncii.com Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob ® moliovforcouncil,cnm On Jan. 24, 2012, at 7:51 AM, Dwight Kramer waste: Good Morning Rick, Attached you will find a letter from the Kenai Area Fisherman's Coalition (KAFC) regarding senior fee adjustments for senior citizens utilizing the City Dock boat launch facilities. ! am sending this fetter to Mayor Pat Porter and the City Council through your office so that everyone has a copy incase it needs to go to other branches of government within the City. I believe the alternative we are suggesting is a fair compromise towards achieving a discount for area seniors while at the same time preserving the cities legal barriers on this issue. We appreciate that there may be other alternatives to be considered as well and thank the city for hearing from the citizenry on this matter. I,will deliver a signed hard copy of this letter to your office this morning. file: / /C: \Documents and Sett trigs \smodigh\Local_ Settings \Temporary Internet Files\Conten... 1/25/2012 .rage 2 of 2 Dwight Kramer KAFC Chairman 283 -1054 <KAFC Kenai City Dock .Launch Fee Letter.doc> file: / /C:\Documents and Settings \smodigh\Loca1 Sett}'F \Temporary Internet Files \Conten... 1/25/2012 Kenai. Area Fish.erm Coalition c MG k GH'rs d. RESGUR P. 0, Box 375 Kenai, Ak. 99611 Subiect: Kenai City Dock Boat Launch Fee Adjustment for Seniors Jan. 24, 2012 To: Mayor Pat Porter and the Kenai City Council Thru City Manager, Rick Koch From: Dwight Krasner, Chairman Kenai Area Fisherman's Coalition Dear Mr. Koch, As you know Kenai Area Fisherman's Coalition (KAFC) represents private anglers in our area. In recent years it has become more difficult for some of our area seniors, on a fixed income, to make ends meet because of increased costs of living. With the increased: costs of gasoline, outboard oil and boat launch fees, their ability to participate in local fisheries is one of the areas they have had to cut back on. We fully appreciate why the City of Kenai felt they had to raise their boat launch fees to offset expenses incurred by the PU fishery, however, having the 520.00 in affect for the entire year has had limiting affects on local seniors that would like to participate in the early ICing season and the fall Coho fishery. We would appreciate it if the council would consider a fee reduction to 310.00 for senior citizens 60 years and older throughout the year except for the PU season July 10 thru the end of the PU season (generally July 31). We understand that there may he other options for consideration but we have chosen this particular one because it does not discriminate between resident and non - resident or a local area option that may be difficult to administer. By virtue of the time periods involved most participants would be local area residents anyway, We chose the 60 year definition simply because the State of Alaska issues a permanent license at this age so it would be easy to verify. Additionally, this option does not require any additional administrative costs except for signage and deposit envelope changes. This fee would also parallel the 511.00 fee that the City of Soldotna charges everyone that launches at Centennial Park. We would be glad to attend both the Harbor Commission meeting and the City Council meeting where this might be discussed to answer any questions that may arise. Thank you again for consideration of this matter. Respectfully Submitted Dwight Kramer 283 -1054 101 PURCHASE ORDERS 8ETVVEEN$2,50k00 AND $15.000.U0 FOR COUNCIL REVIEW CO(JNCL MEETING OF; FEBRUARY 1, 2012 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT HEAVENLY DEU8 ITS CA FER!N6 CK!ER[rv1PLOYE[DINNER HON-DEPARTMENTAL MISCELLANEOUS 3]44 00 BEACON OHSS PROPANE FOR 8KEETRAINING AIRPORT OPERATING SUPPLIES 5.000 00 NC MACHINERY curnr4G EDGES/END BIT AIRPORT OPERATING SUPPLIES 5,04|S3 8NI8ZON.00M BOOKS LIBRARY BOOKS 3,00000 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,080 00 2012 Alaska Gaming Permit Application otith4railii441 ilath ono Vitadatisst ! ! 826 _....! : DateWarn, Organization Mformatian 3 i Essieal 538 is renestelg, enter sigma gebrur a I Pnrire Warmer 92.-6002001 _ . , .1.455 - 4, _ 59071 42-6667, Fu bomber I i (agar:mosNam Wstale address -0 1 Alaska Srake Elks Association. inn alaskastateelks.nig_ Maine; itridiery _ net i.ipiKnollcircie Soidotna AK 99669-7352 i L9-73,52 • , Entitylype (WO or's a IOrganization Type ( c,i er:k or Pa lataiSpna see AS 9531165e and 'r 5 AOC 1601133 0 Gorrassaa 0 Partnership ] 0 Crtarkabis i 0 CASs or t;ensra ri Labor EDJ pF:iircathilia deparmen4 re rriiinroni 1:7! iikmthialion ! 0 Dog fnushera assomatiou D liumicIpaiity 0 Educational 0 Nonprofit Yaps assattatiticis ri7j1 vtgrat 0 Fibbing derby agar:cation t rt Fastroarriustor assodatartr, 0 IPAINatlyry Vitpue ) a Yes 0 No bass the organization haw 25 or game members irate. are Atka residents as defined So your arecies or incurparaten er byieva? . . „.---- ,, — ---- — !----' Members M Charge of Games Mentors st shame must be nabures 4thaaciris anti nave itheillithra 02the arganaaa041 • 008830188y552 of the municipatity and designated by the orgasm:abort Members, th charge may riot be Ssensed es ail opthatar. be e registeruct asibtas vendor or an emoioyeo ora nennintr this organization 55 moue than Fart alternate, attacb a separate attest Primary Mers;Thirst Nem—e: -781 Tao-ee Pfetab—et Last Name - Akeros0 Moirther First Naltle , MI 1 Ahem*, Meager Last Name i Paul ! J ,,h1Vhitney _ i I Konrad i Sodel Searily thimath , laErnsealal secretary@Pye.com Snot8 Security' gambol- — FA fthP.2/111-C-fizt t.5.2 Jackson _ iiie n mai i cik jia0100 snone Ntintut= Mobile Number Mot8e Nuns ..,(807) 262-5667 I __LG907) 385-7231 _I i'907) 388-9121 _fic.r.OT,28:3-3872 Homo Moiling Address rinoind Meifindeddress 231 Knoll Circle , P.O. Box 2935 ' cor . Starr 7 i-er, iii 4 Solciotna AK k9669-7352 -_-__--J !eSag,/ dotna Has the pmary waier ussed te IFS, Stailikeigic 29.19P6'64.9,2935 - Pri Yes n pie !Lama: 662 • Parma 5. Under t^.1141811 tma was 1 i Hari file almrrek, rnm*:iey mused thf a trtYee b51 . , . 74 ri qc, !IP:1;18MP' Wfrt ,PV *Pi LegM Questions These questions must be answered. If you answer ides to either weoften:, see instruction, ill yev, 1,,71140 nrieS ally meats; or 045 420584880 pi any person rani ei n; yes PI Ne Fias any inainnei 01 lionSgerneni sr spy mass sag: P responsiblelor gams' acasities have a prottaateri sestet of %ass-tensible for gaming &refiner ever been convinen rI n interest ee Wined by 18 000 180.934? reforty, ealotaart. or 2840224084 of a 5209 01 gabbianrar of thir Pate, cr another Sairadistray tbs! FS 2 crime • iilailithria thail or titatiorigagy, or e tfirgatirts or gambling laytY5 _ — — Wry theithisith under penalty Or 017SVOIrj en/sennatom raW ,' t7ave. exernmen ges :anon emeunneg any mbenennenne mu: thse to inn mane! no le M11466- ,c;;"; 281iat ! ai fa tare and corneMte We undermend Mat any false staiemenf made on the epp/tstiorr or any egentmente in gunwale:Me by ken [eyingr athnotares beicav iva dia pnyttary member tee neernate reenter end itappateltha. the 48288988 88 games web en &my Me Depentrom or Revenue fra rainetv any 2thrtarial history ivy meal leave, ea cartordarros vet 15 45C 450 934 4P-rams, Member is Gbaradsthasairtre i Punted Nass : Doe 1 , rsa 4rods18 ar OrarraThiteas *passe Nee insaystiama :gratedNags I Dub, tai . Alargsbut if fa, pJ ., Signature i yrf / I mural iYarne path n Ityl a,),_ _ ..._illiontnellialaiikeenu a ___ ! j -7,1irere' /AI ' igriar tur of Games, kjnettas Punted arse fiats Mae to ALASKA DEPARTMEN7" DP REVENUE 1AX MOON - GAMING GROUP PO 60X taits2D JUNEAU AK 99511-0420 Phone 907-466-2320 • - Fax 907-465-3098 826 OPP copy at the completed application must be sent to the nearest municipality ar borough. See instructions for mandatory attachments Pay sniffle with 0183 at waseriarax rileekta dee or slake Pluck sayable to Slais of aiarsts, New araSiicantS must ass by crier* 105 ernl ee Its Deist 04 biyasud m its 2811 satonstes Cilecnhjappaithltha_i 0 New applicant SO - S20,000 520 0 520,001 - 5100 080 • 5501 siocool Or more 1$100 PUPLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #96546 a printed copy of which is hereto annexed was published in said paper one each and every day for p11e successive and consecutive day in the issues on the following dates: January 30, 2012 X , / / enc. n.. nt02 - ;t SUBSCRIBED AND SWORN to me before 30th day of January 2012 NOTARY PUBLIC in State of Alaska. My Commission expires 26- Aug -12 avor for the AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:llwww.ci kenai.ak. us ITEM D: PUBLIC HEARINGS 1. Ordinance 2606 -2012 - Increasing Estimated Revenues and Appropriations by $3,214.81 in the General Fund for State Traffic Grant Overtime Expenditures. 2. Ordinance 2607.2012 - Increasing Estimated Revenues and Appropriations by $10,990.27 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 3. Resolution No. 2012-04- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. 4. Resolution No. 2012-05 - Awarding a Bid to B &B Landscape for the Project Entitled, "Kenai Leif Hansen Memorial Park Landscape Improvements - 2012,- for the Basic Bid Amount of $18.498. 5. Resolution No. 2012 -06 - Authorizing a Budget Transfer of $9,100 within the Water and Sewer Special Revenue Fund - Waste Water Treatment Plant Department. 6. Resolution No. 2012-07 - Authorizing a Budget Transfer within the Airport Fund - for the Purchase of Radios. 7. Resolution No. 2012 -08 - Authorizing a Budget Transfer within the General Fund - for External Legal Assistance Related to Land Issues. 8. Resolution No. 2012 -09 - Authorizing a Budget Transfer within the General Fund - for Upgrades to the Audio System of the City's Council Chambers ITEM F. UNFINISHED BUSINESS 1, Action /Approval - Puy chase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision JTEM G. NEW BUSINESS 1. 'Ordinance No. 2608 -2012 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. 2. *Liquor License Renewal - Katina's Greek & Italian Restaurant, License #4533 3. Action /Approval - 2012 City Council Meeting Schedule 4. Action/Approval - Bills to be Ratified 5. ActionlApproval - Purchase Orders Exceeding $15,000 6. Discussion - Schedule Work Session to Discuss the Facility Management Agreement for the Kenai Visitors and Cultural Center. 7. Discussion - Schedule Work Session to Discuss Tree Removal of Obstructions in the Approach/Departure & Other Airport Services. ITEM L: EXECUTIVE SESSION Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights. Easements and Pore Space. [AS 44.62.310(c)(1)1 ITEM N. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Sandra Modigh, City Clerk D111/211