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HomeMy WebLinkAbout2012-04-18 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: '-! - ! S / a. Mayor Council - 4 packets Clerk K City Manager Library Kebschull City Attorney p Finance DL Fire Department Student Rep. o< Cunningham Hall Binder Clarion KSRM Mellish Schmidt 6-m ``- D-h&.,Q ✓ ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. COUNCIL MEETING OF: M S V DALY GABRIEL y y BOOKEY y c , NAVARRE MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER • y M S V Page M S V DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER r, M S V DALY NAVARRE Y GABRIEL ,f BOOKEY MARQUIS MOLLOY �a 1 BOYLE PORTER J' M S V DALY GABRIEL y y BOOKEY y c , NAVARRE MARQUIS MOLLOY BOYLE PORTER DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER • y M S V Page M S V DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER M S V DALY NAVARRE Y GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER >� M S V DALY NAVARRE GABRIEL BOOKEY MARQUIS MOLLOY BOYLE PORTER AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 18, 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 No. 2622 -2012 - Authorizing the City Manager to Enter into a Lease Preference Right Agreement with Thomas Wagoner and Dorothy Wagoner with Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located within the Airport Reserve 1 2. Ordinance No. 2623 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Eliminate the Payment of Overtime in Excess of Fair Labor Standards Act (FLSA) Rates to Temporary Employees and Making Technical Corrections. 14 E. MINUTES 1. *Regular Meeting of April 4, 2012 19 F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. Action /Approval - Bills to be Ratified 28 City of Kenai Council Meeting Agenda Page 1 of 3 April 18, 2012 2. Action /Approval - Purchase Orders Exceeding $15,000 29 3. *Ordinance No. 2624 -2012 -- Increasing Water & Sewer Fund Estimated Revenues And Appropriations By $10,911 For Costs In Excess Of Budgeted Amounts 30 4. *Ordinance No. 2625 -2012 -- Increasing Airport Fund Estimated Revenues And Appropriations By $20,069 For Costs In Excess Of Budgeted Amounts. 33 5. *Ordinance No. 2626 -2012 -- Increasing General Fund Estimated Revenues And Appropriations By 8231,638 For Costs In Excess Of Budgeted Amounts And Authorizing A Budget Transfer Within The General Fund In The Amount Of $33,000 35 6. *Ordinance No. 2627 -2012 -- Increasing Estimated Revenues and Appropriations by $26,515 In The General Fund For Proqa Emergency Medical Dispatching Software. 42 7. *Ordinance No. 2628 -2012 -- Increasing Estimated Revenues and Appropriations by $16,847.35 In The General Fund For Police Digital Evidence Software And Investigative Equipment. 44 8. *Ordinance No. 2629 -2012 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1 -Al, R.M. Thompson Subdivision, 2012 Addition from Light Industrial (IL) to General Commercial (CG). 46 9. Action /Approval -- ADOT /PF MOA for Beaver Loop Roadway 51 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 57 5. Parks and Recreation Commission 59 6. Planning and Zoning Commission 62 7. Beautification Committee 65 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 67 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT City of Kenai Council Meeting Agenda Page 2 of 3 April 18, 2012 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect on the finances of the City and to give direction to the City Manager and City Attorney regarding the handling of a specific legal matter -- Tammy. Spillman v. City of Kenai, Superior Court Case No. 3KN -11 -00693 CI. 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. Purchase Orders between $2,500 and S15,000 for Council Review 81 2. Budget Transfer in Capital Projects in Excess of 55,000 - None The agenda and supporting documents are posted on the City's website at www.ctkenatak.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 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 April 18, 2012 the crya UBML ALASKA Suggested. by: Administration CITY OF KENAI ORDINANCE NO. 2622 -2©2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE PREFERENCE RIGHT AGREEMENT WITH THOMAS WAGONER AND DOROTHY WAGONER WITH RESPECT TO LOT 2, BLOCK 1, GUSTY SUBDIVISION (11472 KENAI SPUR HIGHWAY) LOCATED WITHIN THE AIRPORT RESERVE. WHEREAS, on August 20, 1970, the City entered into a lease with James A. Adkins and Edward A. Ferguson for City-owned lands which lands included Lot 2, Block 1, Gusty Subdivision (the Property); and, WHEREAS, since 1970, the parties to that lease have amended the lease and the Terms of the lease for Lot 2, Block I are set forth in the August 20, 1970 lease as amended through the Sixth Amendment to Lease recorded in the Kenai Recording District at 2011-005192-0 (the Lease); and, WHEREAS, on June 20, 1988, the interest in the Lease with respect to Lot 2, Block 1 was conveyed to Thomas H. Wagoner and Dorothy C. Wagoner; and, WHEREAS, on October 31, 2005, the Wagoners assigned their leasehold interest to Ma & Pa Alaskan Treasures, Inc., and the Wagoners subsequently issued Ma & Pa Alaskan Treasures, Inc. a warranty deed to the leasehold property and took a security interest in that property, including the improvements on the property, to secure repayment of a promissory note in favor of the Wagoners; and, WHEREAS, the Kenai City Council, through Ordinance No. 2553 - 20;1, waived a sale restriction imposed by the Kenai Municipal Code (KMC) and thereby authorized a sale of the Property to the current lessee, Ma & Pa Alaskan Treasures, Inc., subject to certain restrictions, promises, and /or covenants; and, WHEREAS, at its February I, 2012 Council Meeting, the Kenai. City Council authorized the City Manager to enter into a purchase and sales agreement for the Property with Ma & Pa Alaskan Treasures, Inc.; and, WHEREAS, among other terms of the sale, the Council required that if Ma & Pa Alaskan. Treasures, elected to use City financing to finance its purchase of the Property, the debt must be secured by a first deed of trust on the real property and a first or second deed of trust on any and all improvements on the property; and, WHEREAS, Administration recornxnends that, in consideration of the Wagoner's previous leasehold interest in the property and the Wagoner's security interest in the improvements on the Property, the City enter into a preference right agreement to allow the Wagoners to again lease the Property in the event of a default by Ma &; Pa New Tcxt Underlined o DELETED TEXT RRACRETEDJ 1 Ordinance No. 2622 -2012 Page 2 of 3 Alaskan Treasures, Inc. with respect to a deed of trust ben . loan for the purchase price; and, ing the City to secure its WHEREAS, a preference right in favor of the Wagoners would preserve the status quo of their security interest in the improvements on the Property in light of the sale so long as the preference right is limited to permitting a new lease under the same terms of the Lease in the event of a default; and, WHEREAS, the Property is identified for non-aviation uses in the current Airport Layout Plan and is not needed otherwise for a public purpose and, therefore complies with the lease requirements of KMC 21.10.020; and, WHEREAS, it is in the best interest of the City to authorize the City Manager to enter into a land lease that deviates from the standard form lease authorized by the City Council, and for a shorter lease term than otherwise set out in KMC 21.10.090, in order to further the preference right authorized. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _KENAI, ALASKA, as follows: Section 1. Classification: This is a non -code ordin Section 2. Preference Right Agreement: The Kenai City Council authorizes the City Manager to enter into lease preference right agreement with Thomas Wagoner and Dorothy Wagoner with respect to Lot 2, Block 1, Gusty Subdivision. The preference right granted shall be limited as follows: the Wagoners may exercise a right to lease only in the event that Ma & Pa. Alaskan Treasures, Inc. defaults on any deed of trust benefitting the City with respect to the Property and either (1) the City forecloses on. the Property and becomes the new owner of the property through a trustee's deed or (2) if, in lieu of foreclosure, Ma &, Pa Alaskan Treasures, Inc. reconveys the Property to the City. Section 3. Authorization for Alternate Lease Form, KMC 21.20.150(b): Should the Wagoners exercise the preference right peniiitted by this Ordinance, the Kenai City Council authorizes the City Manager to enter into a new lease with the Wagoners in which the new lease is in the same form and under the same terms as the lease entered into on August 20, 1970 as amended. Section 4. Effective Date; Pursuant to KMC 1,15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE. CI TI' OF KENAi, ALASKA this 18th day of April, 2012. PAT PORTER, MAYOR New Text Underlined [DELETED TEXT HRACKETEDi 2 Ordinance No, 2622-2012 Page 3 of 3 =EST: Sandra Modigh, City Cleric Introduced: April 4, 2012 Adopted: April 18, 2912 Effective: May 18, 2012 New Tel[st Vacistlirr[d; [DELETEL) TEXT BRACKETED) 3 , . ,n - ifIC C49/ VT / 7�°,� * ����a�wit��a�������w�th a � '-'-, ~' 210 Fid8lCDAYeRU8' Kenai. Alaska 99611'7794 Tp|eDl8Oe: (907) 283-7535 /FAX: 0207\ 783-3814 VVYVVViCi.;eD8'.8<`DS Kenai m// TO: Kenai City Council FROM: Christine Cunningham, Assistant to City Manager M'i/ THROUGH: II Rick Koch, Ctty Manager ' -DATE: March 28, 2012 SU8J 7; City of Keri Sale Property to Ma & P Aeskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision, Kenai; N|Fv8Parcel No, 043-270-37 Ordinance No. 2822,2U12 The purpose of this merno is to provide additional infornn8tk`n in support of the referenced Ordinance, which authorizes the City Manager to enter into a Lease Preference Right Agreement with Thomas Wagoner and/or Dorothy Wagoner only in the event ofo default by Ma & Pa Aiaskan Treasures Inc. The City originally leased the referenced property to Thomas and Dorothy Wagoner. The Wagoners sold their easehoki interest to Ma & Pe Alaskan Treasures in 2006 in a transaction financed by the VVagoncrs To secure payment, Ma & Pa Alaskan Treasures executed a promissory note and deed of trust in favor of the Wagoners. Unfortunately, the 2006 deed of trust and associated note incorrectly stated that the note was secured by a deed of trust in the entire fee simpie interest n the property (the land owned by the City). The deed of trust was not limited to the improvements on the parcel and the leasehold interest. All parties have agreed to correct this improper encumbrance on the City's property prior to executing the closing documents on the saie to Ma & Pa Alaskan Treasures. It is the understanding of Administration that the Wagoners agree they are not entit}ed to a security interest in the fee interest or in the land itself as opposed to the improvements [hereon. ACcording|y, before closing on the City's sale of the land to Ma & P8 Alaskan |rnaSures, a corrected deed of trust or other suifable document wifl be executed and recorded. Because the leasehold interest in the property will be extinguished by the sale of the and to the current leaseholder, that deed of trust will encumber only the improvements on the property. The Lease Preference Right Agreement in Ordinance No. 2822,2012 provides the Wagoners with assurance that they will have some recourse to benefit from their limited security interest iri the improvements in the event that Ma & Pa Alaskan Treasures defaults, 4 KENAI, ALASKA Vilia.9e with a Pas4 Ciiy with a Futudie” Aftaftiv 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535! FAX: 907-283-3014 ,s TO: City Council FROM: Rick Koch 199? DATE: April 12, 2012 SUBJECT: Ordinance No. 2622-2012, Agreement for Lease Preference The purpose of this memo is to provide, for your information, the draft Agreement for Lease Preference associated with Ordinance No. 2622-2012. The draft Agreement for Lease Preference was provided to Thomas Wagoner and Dorothy Wagoner; however, due to the current Legislative Session, the Wagoners have been unable to provide a response in advance of the April 18, Council Meeting deadline. Administration had discussed the Agreement in general with Thomas Wagoner, and does not expect any substantive changes to the attached draft 5 AGREEMENT FOR LEASE PREFERENCE This agreement is made hetween' the City of Kenai (City), whose address is 210 Fidaigo Avenue, Kenai, AK 99611, and Thomas FI. Wagoner and Dorothy C. Wagoner (Wagoners), whose address is 4040 Primrose Place, Kenai, AK 99611. RECITALS On August 20, 1970, the City entered into a lease of City- owned. airport lands with James A. Adkins and Edward A. Ferguson for property that included Lot 2, Block 1, Gusty Subdivision (the Property). That lease was recorded in the Kenai Recording District at Book 115, Page 947 et seq. on October 24, 1977. Since 1970, the parties to the lease have amended the lease from time to time. The complete terms of the lease are as amended through the Sixth Amendment to Lease (recorded in the Kenai Recording District at 2011-005192-0) and are referred to here as "the Lease." In 1988, the Wagoners were the highest bidders on a bank foreclosure of the leasehold interest hr.Lot 2, Block 1. The Wagoners were issued a trustee's deed (recorded in the Kenai Recording district at Book 327 pages 547 -548) and the Wagoners became the lessees of Lot 2, Block 1. On October 31, 2005, the Wagoners sold and assigned their leasehold interest in Lot 2, Block 1 to Ma & Pa Alaskan Treasures, Inc. (MPAT). The sale was financed by the Wagoners. That loan is documented in a Deed of Trust Note signed by MPAT in favor of the Wagoners and dated January 10. 2006. To secure repayment of the note, the Wagoners tool. a security interest, and Deed of Trust dated January 10, 2006, in the Property. MPAT signed the Deed of Trust in the Property under which the Wagoners were the beneficiaries. On February 1, 2012, the Council authorized a sale of Lot 2, Block 1 to MPAT in a City - financed transaction. The Council conditioned the City financing by requiring that its loan to MPAT for the sale of the property outright be secured by first deed of trust with respect to the land. The Council was satisfied that if sufficient equity existed in the value of the real property, City could he secured by a second position with respect to any improvements thereon. (Although the sale of airport lands located in the City's Airport Reserve (including Lot 2, Block 1) is generally prohibited under the Kenai Municipal Code, in 2011, by non -code ordinance 2553-2011, the Kenai City Council waived this sale restriction with respect to Lot 2, Block 1.) The sale of Lot 2, Block 1 has implications on the Wagoners because the Deed of Trust Note in favor of the Wagoners will not be paid through closing of the sale of the land Agreement for Lease Prefe U: ARealP roperty Leases \Wagoner. L;ease.Preference.032712 ce Right Page I of 8 6 between the City and MPAT. The Wagoners, however, do not wish to lose their security interest in the leasehold. Because the leasehold interest would merge into the MPAT's ownership under a sale of the land to MPAT: thc leasehold interest will be extinguished in the sale of Lot 2, Block 1 to the current lessee (MPAT). In the process of finalizing the land sale to MPAT and, considering this effect on the sale to MPAT, the City and Wagoners discovered that the 2006 Deed of Trust recorded in favor of the Wagoners improperly encumbered the- entire fee interest of the City in Lot 2, Block 1, not just the Wagoner's leasehold interest. The Wagoners agree that this was a done in error and that their security for repayment of the Deed of Trust Note from MPAT in favor of the Wagoners is more properly in the leasehold interest and improvements only. Accordingly, the Wagoners have agreed to relinquish the first deed of trust position with respect to the real property covered under the Lease. The Wagoners and the City are working to correct this error through a corrected deed of trust or similar instrument To facilitate the sale of the property to MPAT and, in consideration of the Wagoner's previous leasehold interest in the property and their proper security interest in the improvements, the City and Wagoners wish to enter into a preference right agreement to allow the Wagoners to lease Lot 2. Block 1 under the same lease tcrrns and conditions of the Lease if MPAT were to default in its obligations to the City under the deed of trust the City will take as a result of its sale of the Property to Ma Si_ Pa Alaskan Treasures, Inc. The Kenai City Council agreed to grant such a preference rigi 2012 adopted by the Kenai City Council on April 18, 2012. City and Wagoners therefore agree as follows: f. PREFERENCE RIGHT GRANTED. y Ordinance No. 2622- (A) City grants to Wagoners, jointly and severally, a preference right to lease the Property from the City of Kenai under the same terms and conditions of the Lease as it exists on the date of this agreement. (B) Wagoners may exercise this preference right only if: (i) the City forcelosos on a deed of trust under which MPAT is the Grantor and the City is the beneficiary and the deed of trust is executed to secure ent for Lease Preference Right Page 2 of 8 apertyLeaseslW agoner.Lease.Preference.032712 7 repayment to City of the purchase price of the Property and the City becomes the new owner of the Property through foreclosure; or, (ii) if MPAT defaults under its obligations on a note and/or deed of trust and, in lieu of ,foreclosure, MPAT reconveys the Property to the City. (C) To the extent that any Kenai Municipal Code provision in effect at the time the Wagoners exercise this preference right differs from the terms of the Lease, the terms of the Lease will control unless such terms violate current requirements of state or federal law or regulation or the terms of any grant assurances and conditions to which the City is bound. 2. TERMINATION. The preference right granted under this agreement terminates automatically upon the earlier of (A) MPAT's final payment to the Wagoners under the 2006 Deed of Trust Note; or (B) MPAT's final payment to the City under a note issued by. MPAT to City' to finance MPAT's purchase of the Property; or (C) on June 30, 2025. 3. CITY'S RESOPNSIBILITIES. (A) City will provide Wagoners with written notice should it begin foreclosure proceedings under any note or deed of trust executed by,MIPAT to secure repayment to the City of the City - financed loan to MPAT or if MPAT reconveys the Property to the City in lieu of foreclosure. (B) City shall furnish to Wagoners information that Wagoners may reasonably request and as expeditiously - as necessary to enable Wagoners to evaluate whether or not to exercise the lease preference right if the City becomes owner of the Property through a foreclosure sale of the Property. (C) Nothing in this agreement shall obligate City to make an offset bid for the Property at a :default sale of the Property in the event of a judicial or non- judicial foreclosure of the Property, WAGONERS' RESPONNSIBILITIES. (A) Wagoners must exercise their intention to exercise the preference right within 30 days of City's notice that the City has foreclosed on the Property and become the new owner, or of MPAT's reconveyance of the Property to the City in lieu of foreclosure. Agreement for Lease Preference Right C \ RealPropertyLeases\ Wagoner.Lease.Preference.032712 8 (B) To exercise the preference right, Wagoners must submit an application for lease according to Kenai Municipal Code 21.10.080, and the City' will thereafter treat the Wagoners as an existing tenant submitting an application for a lease renewal. The application must be filed with the City within 30 days of the City's notice that the City has foreclosed on the Property and become the new owner, or ofTvIPAT's reconveyance of the Property to the City in lieu of foreclosure. (C) Further, in iigbt of the City's continued interest in the Property, Wagoners inform City if Ma SL Pa Alaskan Treasures, Inc. fails to perform any obligation due under the Deed of Trust dated January 10, 2006, or due under any subsequently - executed amendment or correction to that deed of trust or under a new Deed of Trust executed to correct the defects of the January 10, 2006 Deed of Trust. Wagoners should provide this information with 10 days of any default by MPAT under the Deed of Trust or :Deed of TrustNote. (D) Wagoners agree that this preference right is personal to Wagoners. Wagoners will not assign, sell, demise, or otherwise convey in any way the rights to payment or performance under the Deed of Trust in the improvements on the Property except as may be necessary for an administration of a personal estate. 5. NOTICES. Any notice or communication required or permitted under this agreement shall be in writing, addressed to the appropriate party- at the address given below for the type of delivery. Notice must be given personally. by certified mail (return receipt requested), or by electronic mail. Notice by facsimile will NOT be accepted. All notices are effective upon the date of receipt, except if the notice or communication 15 received after 5:00 p.m on a business day, or on a day that is not a business day of the receiving party, and then the notice or communication is deemed received at 8:00 a.rn.. on the next business day. City: 0 City of Kenai 210`Fidalgo Avenue ( Kenai, AK 99611 Attn: City Manager ling/ hand- delivery) (electronic) Thomas or Dorothy Wagoner 4040 Primrose Place Kenai, AK 99611 (electronic) Agreement for Lease Preference height Page 4 of8 U0Re alPropertyLeases\ Wagoner.Lease.Preferenae.032712 9 Either party may change their address for notice by giving notice as stated above to the other party. 6. GENERAL PROWS I NS. A. No John Venture. This Agreement is not intended to create, and nothing this Agreement should convey or be construed to create, a joint venture between the City and Wagoners. B. Rights or Remedies. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy is cumulative and is in addition to any other right or remedy identifed in this agreement and as may be now or later existing at law or in equity or by statute. C. Attorney's Fees and Costs. If any legal proceeding is brought for the nt of this agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other 'to which such party maybe entitled to full, reasonable attorney's fees and Alaska R. Civ, P. 79 costs incurred in that action or proceeding. D. Governing Law,h'enue. This agreement shall be construed and governed by the laws of the State of Alaska Any disputes rclated to this agreement shall exclusively be litigated in the courts of the State of Alaska, Third Judicial District, at Kenai, Alaska. E. Waiver and Forbearance. Except to the extent that such pasty may agree in writing, no waiver by a party of any breach by the other party of any of the other party's obligations under this agreement shall be deemed to be a waiver of any subsequent preach of the same or of any other similar obligation. Likewise, any forbearance by a party to seek a- remedy for any breach of the other party will not be deemed a waiver by the non - breaching party of its rights or remedies with respect to such breach. F. Rights or Remedies. No right or remedy conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. C. Severability. If any provision of this agreement is unenforceable to any extent, the remainder of this agreement, or the application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not he Agreement for Lease Preference Right Page 5 of 8 U: RealPropertyLeases\ Wagoner .Lease.Preference;o.92712 10 affected by that unenforeeabilit■ and will be enforceable to the fullest ex la w. pe teed by H. General Rules of "nterpretat.ion. Headings of paragraphs are solely for convenience of reference and shall not affect meaning, construction, or effect of this ag semen. Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa and the use of the neuter, masculine, or feminine gender include the others as well. I. Understandinfr. Each party has read_ and understands this party represents that they have each had had the opportunity to review the same counsel of their choice and is executing this agreement of their own free will, eh. J. Counterparts. This agreement: may be executed in identical :counter/pails, each of which together shall he deemed an original, but all of which together will constitute one instrument. In the event that any signature is delivered by e-mail delivery in a ".pdf' format or other data file, such signature creates a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signaturepade were an original. K. .Effective Date. This agreement is effective upon the later of signature of all pa WITNESS E F, the parties have set their hands and da.y and year as stated in the acknowledgments below. CITY OF I EN'.AI: B y: Ricic Koch Its: City Manager Agreement for Lease Preference Right Page 6 of 8 U: \RealPropertyi.,eases \Wagoner? ease.Preference.O32712 11 THOMAS AND DOROTHY WAGONER By. 13 y: STATE OF ALASKA THIRD .fUDICIAL DISTRICT Thomas Wagoner Dorothy Wagoner The foregoing instrument was acknowledged before me th.is day of 2012, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary ,Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2012, Thomas H. Wagoner, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: Agreement for Lease Preference Right Page 7 of S U: yRea I P ropertyL eases\ Wagoner.Lcase.Preference.0327:f 12 STATE OF ALASKA ) ) ss THIRD .JUDICIAL DISTRICT: THIS IS TO CERTIFY that on this _ day of , 2012, Dorothy C. Wagoner, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public_ for Alaska My Commission Expires: Approved as to fo Krista S. Stearns City Attorney Agreement for Lease Preference Right Page 8 of 8 U :RealPropertyLeasesy.W agoner,Lease.Preference.032712 13 Suggested. by: Administration. CITY OF KENAI ORDINANCE ND, 2623 -201.2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.25.060, "OVERTIME," TO ELIMINATE THE PAYMENT OF OVERTIME IN EXCESS OF FAIR LABOR STANDARDS ACT (FLSA) RATES TO TEMPORARY EMPLOYEES AND MAKING TECHNICAL CORRECTIONS. WHEREAS, the City hires temporary employees to perform work during peak periods (usually driven by seasonal demands) and these employees often work non- standard work schedules to accomplish that work; and, WHEREAS, the imposition of the Persona] Use Fishery on the City has created a new demand for the payment of overtime at premium rates, rate in excess of FLSA rates, to temporary employees; and, WHEREAS, under the City Code, temporary employees are ineligible for employee benefits and holiday pay; and, WHEREAS, permanent City employees are paid a premium for overtime hours, above that required by the federal FLSA law, when the employee works on Sundays and holidays but the basis for that policy does not apply to temporary employees who do not work standard schedules or who work only for a short period of time for the City; and, WHEREAS, there are some inconsistencies in the City Code regarding the pay practices of the City with respect to temporary employees and it is in the best interest of the City to provide clarification in the Code of the City's overtime compensation practices with respect to temporary employees; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1, Form: This is a Code ordinance. Section 2. Amendment of Section 23.25.060 of the Kenai IVSunicipal Code: The Kenai Municipal Code, Section 23.25.060, Overtime,, is hereby amended as follows: 2325.060 Overtime. (a) Department heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. New Text Underlined. [DEL TED TEXT B'RACI ETLD] 14 Ordinance No. 2623 -2012 Page 2 of 4 (b) When employees are required to work overtime, department heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the department head. City Manager, or acting department heads, who shall give due consideration to desires of the employee, to budgetary controls, and to the provisions of subsection (c) of this section. Rates for overtime (in addition to regular compensation based upon salary schedules) shall be[:] based upon the employee's regular rate of pay as follows: (1) General Government Employees (exeluding [S]sewer [T]treaurent [P]plant and tempoidzy employees): Regular Pay Times Regular Work 1 1/2 Saturday 1 2 Sunday 2 1/ Holiday 2 1/2 (2) Temporary Emplovees: Regular Pair Tonnes Regular Work 1 1'2 Saturday 1 /2 Sunday Hotidav 1 `/2 1 1/2 (3) General [G]govemment and temporary [Elemployees must be in a paid status for forty (40) hours in the work week before overtime compensation [may] will be paid. ([3]4) Public Safety and Sewer Treatment Plant Employees: Regular Pay Times Regular Work Day 1/2 Saturday [see KMC 23.30.050 (b) and (c)] 1 1/2 Sunday [see KMC 23.30.050 (b) and (c)] 2 Holiday [see KMC 23.40.020 (c) for treatment] ([4]5) [BEFORE OVERTIME MAY BE PAID;] Public [S]safety and [S]sewer [T]treatment [P]plant .employees must be in a paid status for their normal work week, as follows. before overtime compensation will be paid: Police 40 hours Fire 56 hours Communications 40 hours Sewer Treatment Plant 40 hours New Text Underlined- IDELc^,TED TEX? ERACItiETEDI 15 Ordinance No. 2623 -2012 Page 3 of 4 However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. cl Compensatory time accumulation shall not exceed [EIGHT (8) HOURS] the total number of hours eoual to one regular shift of the employee. Once this maximum accumuiatior has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shah be entered on the following month's time sheet and paid on the last pay day of that month. [(f) SEASONAL PARKS AND RECREATION EMPLOYEES THAT WORK FOR SEVEN (7) MONTHS OR LESS IN THE CALENDAR YEAR, AND ARE EXEMPT FROM THE OVERTIME REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT[S], ARE EXEMPTED FROM THE ABOVE OVERTIME AND MAXIMUM COMPENSATORY TIME ACCUMULATION REQUIREMENTS.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of April, 2012. New Te.;t Underlined' [DELETED TEXT BRACKETED] 16 Ordinance No, 2623-2012 Page 4 of 4 A.TTEST: Sandra Modigh, City Clerk —7, Approved by Finance: PAT PORTER, MAYOR Introduced: April 4, 2012 Adopted: April 18, 2012 Effective: May 18, 2012 New Text Underlined. fDELETED TEXT BRACKETED] 17 „I°llage w &'th a Past, Ci 'tt a rrrtur'e FINANCE DEPARTMENT 210 Fidalgo Avenue. Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City 4anager From: Terry Eubank, Finance Directo Date: hiareh 28, 2012 te: Ordinance 7623 -7012 I`he purpose of Ordinance 2617 -2012 is to eliminate the requirement to pay temporary employees at overtime rates in excess of that required by the Fair Labor Standards Act (FLSA). FLSA requires overtime to be paid to employees who work more than forty (40) hours per week at a rate of 11/4 times their normal rate of pay. Payment of overtime at rates at 2 and 21/4 times the normal hourly rate are not required by FLSA. Prior to the imposition of the Personal Use Fishery on the City, overtime for temporary employees at more than FLSA required levels seldom occurred.. Operations of the fishery seven days a week and even twenty -four hours a. day has required payment of overtime. at higher than time and one -half to employees working the fishery. KMC 23.25.060 (f) attempted to eliminate all overtime for temporary Parks and Recreation employees. The City's Parks and Recreation employees have been determined to not qualify for this exemption under the FLSA and have thus been paid overtime under the provision ofKMC 23.25.060 including at rates of 2 and 2 /z times their normal hourly rate. This Ordinance will limit overtime to all temporary employees to the FLSA required rate of 11 times the normal rate of pay for all hours over 40 hours per week. The change included in failed Ordinance 2617 -2012 to eliminate the payment of overtime to permanent employees at a rate of three and one -half times their hourly rate when working on a City holiday has been eliminated from this Ordinance. 18 KENAI CITY COUNCIL - REGULAR MEETING APRIL 4, 2 012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING Mt A: CALL TO CP,DER MINUTES A Regular Meeting of the Kenai. City Council was held on April 4, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. There we Pat Porter, Mayor Terry Bookey Mike Boyle Brian Gabriel Ryan Marquis, Vice:- Mayor Robert Malloy Tim Navarre comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Nancy Carver, Temporary Deputy City Clerk A 3. Agenda Appr MOTION: Council Member Molloy M OVED to approve the agenda and requested YNANl!'IIOUS CONSENT. Vice -Mayor Marquis SEC kNDED the motion. VOTE: There being no objections, SO ORDERED. A -4. Consent Agenda *All items listed with an asterisk (r) are considered to be routine and non - controversial by the council and will be arproved 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 19 KENAI CITY. COUNCIL MEETING' April 4, 20 l2 Page 2 of 9 and considered in its norul.al sequence an the agenda as part of tk General Orders. MOTION: Council Member Vice -Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT, Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO O E D. ITEM SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Courtney Stroh, Kenai -- requested Council's continued support of her Caring for the Kenai project, "Rock the Kenai ", Council Members Gabriel, Molloy, Navarre and Boyle congratulated Ms. Stroh and wish her good luck. Mitch Mahurin, Inlet Drilling -- suggested Council postpone action on. Special Use Permit for Buccaneer Alaska Operations, LLC., dire to non- payment to local businesses. Charles Green, Nana Construction -- suggested Council postpone action on. Special Use Permit for Buccaneer Alaska Operations, LLC., noting approximately 10% of invoices have not been paid. Phil Stevens, Inlet Drilling -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, 73 C., due to non - payment to local businesses. Councilman Molloy asked if husinesses have had contact with Buccaneer. Sagan Juliussen, Vice - President, Nana Construction -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, LLC.; noting he does not want to shut down Buccaneer, just wanted the city to be aware. Mayor Porter asked if businesses are seeking relief through the courts. Mr. Juiiussen confirmed a lien had been fled. _quested confirmation that it was a mechanics material lien. 20 KENAI CITY COUNCIL MEETING April 4, 2012 Page 3 of 9 Mike Sheppard, Conan Construction -- suggested Council postpone action. on Special Use Permit for Buccaneer Alaska Operations, LLC., due to non - payment to Iocal businesses_ D: PUBLIC HEARINGS D -1. *Approval of Liquor License Renewals - Little Ski -Mo Drive -In (License #1774( Approved by consent agenda. D -2. Ordinance No. 261.9.201.2 - Decreasing Estimated Revenues and Appropriations in the Streets, Water, and Sewer Capital Project Fund and increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Schematic Design of a. New City Shop Utilizing Grant Funds from the State of Alaska for the Project. MOTION.: Council Member Bookey MOVED to approve Ordinance No 2619 - 2012, Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being n.o one urisking to speak, public comment was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: Student Representative Daly: Yes D -3. Ordinance No. 2620 -2012 - increasing Estimated Revenues and Appropriations by 52.000.64 in the General Fund for Grant Funds to Provide Police Training to Prevent Internet Crimes Against Children (ICAO). MOTION: Council Member Bookey MOVED to approve Ordinance No. 2620 -2012. Vice - Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were n0 council comments. VOTE: MOTION PASSED aINANIMOUSLY. 21 KENAI CM' COUNC Apra 4, 2012 Page 4 of 9 E:E:TING YEA: Bookey, Boyle, Gab Molloy, Navarre, Porter NAY: None * Student Representative Daly: Yes D -4. Ordinance No. 2621-2012 - Increasing Estimated Revenues and Appropriations by $2,155.98 in the General Fund for the Police Department to Purchase Equipment Utilizing Asset Forfeiture Funds Provided to the City of Kenai. MOTION: Council Member Gabriel MOVED to adopt Ordinance No. 2621 -2012. Council Member Navarre SECONDED the motion. Mayor Porter opened the floor for public comment, the being no one wishing to speak, public comment was closed. There were no council comments, VOTE: MOTION PASSED UNANIMOUSLY. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: None * Student Representative Daly: Yes D -5. Resolution No. 2012 -21 - Authorizing a Budget Transfer within the General Fund, Clerk Department_ for Staff Recruitment Expenses. MOTION: Council Member Molloy MOVED to approve Resolution Nc. 2012.21 and requested UNANaMOI,?S CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were no council comments. MOTION PASSED UNANIMOUSLY. ITEM. E: MINUTES *Special Meeting of March 20, 2012 *Regular Meeting of March 21, 2012 Approved by consent agenda. 22 KENAI CITY COUNCIL MEETING April 4, 2012 Page 5 of 9 ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G-1. Acti on/Approval - Bills to be Ratified MOTION: Council Member 15:pokey MOVED to ratify payments of bilis over $15,000 and requested UNANIMOUS CONSENT, Mice-Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED, G-2. Action/Approval - Purchase Orders Exceeding B15,000 MOTION: Council Member Bookev MOVED to approve purchase orders exceeding; S15,000 and requested UNANIMOUS CONSENT, Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED, 6-3. Action/Approval -- Special Use Permit to Buccaneer Alaska Operations, LLC. MOTION: Council Member Navarre MOVED to approve the perrnit and Council Member Gabriel. SECONDED the motion, Marquis noted the permit had expired on March 1, 2012 and asked if there was a time issue. Koch answered there was not a time issue. Molloy noted his understanding of the concerns of the public and asked if the non-payment put the City at risk. City Attorney Steams replied that was a possibilit3.i. Navarre asked if there would be „a lease before the permit expired. Koch replied the lease should be before the Council before that time. Navarre spoke against postponing the permit. 23 ILENAI 0117 COUNCIL MEETING April 4, 2012 Page 6 of 9 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the Special Use Permit to the April 18, 2012 meeting and Council Member Marquis SECONDED the motion. General discussion occurred. VOTE; MOTION F.R.IILED YEA: None NAY: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre "Student Representative Daly: NAY MOTION C AMEND: Council Member Bookey MOVED to amend the Special Use Permit by striking out "for a term of one year,' in the first paragraph and replacing "28th day of February, 2013" with "4th day ofMay, 2012 ". Council Member Molloy SECONDED the motion. General discussion occurred. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE Pi MANN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. 8 :09 P.M. RDER: 8 :14 P./VI. G -4. *Ordinance No. 2622 -2012 - Authorizing the City Manager to a Lease Preference Right Agreement with Thomas Wagoner and Dorothy Wagoner with Respect to Lot 2, Block 1, Gusty Subdivision (11.472 I {enai Spur Highway) Located within the Airport Reserve. (Public Hearing 4/18/12 in Introduced by approval of consent agenda G -5. *i rdinance No. 2623 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Eliminate the Payment of Overtime in Excess of Fair Labor Standards Act (FLSA) Rates to Temporary Employees and Making Technical Corrections. (_Public Hearing 4/18/12) Introduced by approval of consent agenda /TE1V E: COMMISSION /COMIVEITTEE REPORTS 24 I:.ENA1 CITY COUNCIL MEETING April I. 2012 Page 7 of E -I. Council on Aging - `ice -Mayor Marquis advised the next meeting was scheduled for Thursday, April 12th. H -2. Airport Commission - Council Member Gabriel advised next.. meeting was scheduled for Thursday, April 1.2th. H -3. Harbar Commission - Council 1\Mlember Molloy advised the April 9th meeting was cancelled and the next meeting would be May 7. IH -4. Library Commission - Council Member Boyle reported the commission met on April 3 and the Friends of the Library would host a celebration at the library on April 14 from 1 - 3 pm. 3-5. Parks and Recreation Commission - Council Member Bookey noted the next meeting would be April 5. H -6. Planning Commission - Mayor Porter advised she attended the commission meeting in Council Member Navarre's absence and reported on the Comprehensive Plan Navarre noted the next Planning Conference would be in November in Anchorage and encouraged all commissioners to attend. 11-7. Beautification Committee - be April 10. ITEM 1: REPORT OF THE MAYOR Mayor Porter reported the following: orter noted the next meeting would Attended the Meals on Wheels Pie Auction. Met with Walmart manager. Met with Car Quest, Jersey Subs and the Thai restaurant, Marched with Soldotna Mayor Mi.cchie in the Respect Parade. Met with Hill.corp executives. Judged debate at Kenai Central High School. Planned May 8 Coffee with the Mayor. ITEM J' ADMXN /STRATTONT REPORTS J- . City Manager reported on the following: FY2013 budget. Aetna Insurance Premiums came in much lower than expected. Kenai Community Library in American Library magazine. Street maintenance activities ongoing with above normal snowfalls. Porter requested a cost estimate for a facade behind the dais. Koch agreed, 25 IKENAI CITY COUNCIL MEETING April 4, 2012 Page 8 of 9 City Attorney reported on the following: Received final reply brief on the CINGSA issue. Will be attending continuing education next week. Porter asked for a follow up on the Rohner's building. Stearns reported she had spoken to the Planning Department regarding this issue. J-3. City Clerk -- No report. ITEM, K: ADDITION_uL PUBLIC COMMENT IC-1. . Citizens Comments -- None. K-2. Council Comments Daly reported on activities at Icenai Central High School. Bookey reported on his presentation at a national fire conference regarding City s tax credit for sprinklers. Gabriel noted the public's desire to see Buccaneer succeed. Navarre noted his appreciation of Linda Murphy and. requested Council send flowers to Clerk Modigh. ITEM L: EXECUTIVE SESSION -- None. M Mi: PENDING LEGISLATION (This item lists legislation which arill be addressed at a later date as noted.) M -1. Ordinanee No. 2597-2011 - Amending Kenai Municipal Code 14.22,010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS l), 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 Ordinartce IVo. 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,) M N: ADJOURNMENT There being no further business before the Council, the meeting was adjourn.ed at approximately 8:40 p.m. 26 IKENAI CITY COUNCIL MEETING April 4,2012 Page 9 of 9 Minutes prepared and submitted by: Lorene Hal , CMC, Deputy City Clerk *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall he recorded in the minutes. A student representative may not move or second items during a council meeting. 27 go PAYMENTS OVER $1S'0VoJw WHICH NEED COUNCIL. RATIFICATION COUNCIL |IpE7|8GOF: APRIL 18'2O1% VENDoR DsSSRK`N ��T �CCV UNT- - - - - }m A2TNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 106.408.97 |CM44V1PLAN icMA40iPLAN \(AK0Ux UAB|UTY 10.757�95 |CM8457PLAN. |Cm/\467PLAN VARIOUS LIABILITY 25.524.7.5 PERS WA8CHPER8 VARIOUS LIABILITY 174/0920 ALASKA OIL SALES MARCH FUEL. VARIOUS OPERATING SUPPLIES 21,50137 |N Tu VENDOR cmpU �����-----�---� -�~---�--'�-�-'--'-------�--�-- _��-_ ���^ ��!��!___ x�A7oG|rvoxTE ACInouT s/|- PURCIIASE ORDERS OVER $15000jjo WHICH NEED COUNCIL APPROVAL, COUNCIL MEETING OF; APRIL 18, 2012 VENDOR DESCRIPT1014 DEPT, AMOUNT ACCOUNT BULLPEN CONSTRUCTION AT FIREWEED frEFICF IMPROVEMENTS OTHER LL FIELDS PARKS THAN RLDGS tsa 1/40 yGREASEOF E-XIS HNC PURCHASE ORDER VENDOR DESCRIPTION P.0, # - DEPT, REASON 15,603 PS AMOUNT 10/ At. PO ALIT Suggested. by: Adminis CITY OF KENAI ORDINANCE NO. 2624-2012 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING WATER & SEWER FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $10,911 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS the extended period of time needed. to created by employee retirement increased the overt employees of the department, $4,824; and, personal. for a vaear land on the remain g WHEREAS, larger than expected annual leave cash outs have depleted the leave account in the Waste Water Treatment departments requiring additional funds to complete the fiscal year $6, 087, and, WHEREAS, supplemental funds are needed for the remainder of the fiscal year to continue operations of the system, NOW, THEREFORE, BE IT ORDAINED BY THE COUlti'CIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water & Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance State of Alaska - PERS On- behalf Funding Increase Appropriations: Water Department Overtime Medicare PERS $10,593 31.8 911 $ 2,425 36 745 $ 3,206 Sewer Department Overtime $ 1,225 Medicare 18 PERS 375 $ 1,618 Waste Water Treatment Plant Leave $ 6,000 Medicare 87 $ 6,087 New Text Underlined; [DELETED TEXT. BRACKETED] 30 Ordinance No. 2624-2012 Page 2 of 2 PASSED BY THE COUNCIL OP THE CITY OF KENAI, ALASKA, this second day of May, 2012, A I 1 EST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: April 18, 2012 Adopted: May 2, 2012 Effective: May 2, 2012 New Text Underlined; ;DELETED TEXT BRACKETEDJ 31 the mm em KEMAL AIM mm/Yem 'Villa. qc with a Past, C with a Fattsrell 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 t 0 A, NEIL M TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director--A{!4/ DATE: April 12, 2012 SUBJECT: INCREASING WATER & SEWER FUND APPROPRIATIONS iFIp 1992 Rick, The extended period of time needed to recruit a new Water and Sewer Foreman increased the overtime demand on the remaining employees of the department. This is the basis for the request for an increase in the Water and Sewer Fund Appropriations in Ordinance No, 2624-2012. 32 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2625 -202 AN ORDINANCE OF TIIE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING AIRPORT FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $20,069 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, above average snowfall this past whiter required overtime by City personnel in excess of budgeted amounts, $29,088; and, WHEREAS, adequate now removal is critical to safe operations at the Kenai Airport; and, WHEREAS, supplemental funds are needed for the remainder of the fiscal year to continue airport operations. NOW, THEREFORE, BE IT ORDAILNED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Port Fund increase Estimated Revenues: Appropriation of Find Balance State of Alaska - PERS On- behalf Funding Increase Appropriati Wages Overtime Medicare Social Security PERS s: - Airport Airfield $19,438 631 $20 059. $ 5,000 12,000 246 608 2.215 20.;069 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of May, 2012. A' Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: April 18, 2012 Adopted: May 2, 2012 Effective: May 2, 2012 New Tex [DELETED TEXT B. 33 P 305 WILLOW ST. SUITE 20D KENAI, ALASKA 9fa511 TELEPHONE 91:17.283.7951 .FAX 907-283Z737 To: Rk)k8. Koch ' City Manager From: Mary Bondurant— Airport Date: April 12, 2012 Subject: Ordinance 2825`20/2^ Airfield Overtime 21 Due to the heavy snowfa[l and the hours required to peorm snow and ioe control \v ensure safe aircraft operations, the airfield overtime buduetio exhausted and over spent ^ Thers is a need to appropriate fundsto Dover the oveirne wege shortage ge and continued eirpon operations for the remainder u!FYl2 |f you have any questions. please contact me 34 thcatypi L •\\(,,/ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2626-2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL, FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $231,638 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS AND AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND IN THE AMOUNT OF $33,000. WHEREAS, above average snowfall this past winter required overtime by City personnel in excess of budgeted amounts, $29,088; and, WHEREAS, additional overtime at the City dock in managing the 2011 State imposed Personal Use Fishery was unbudgeted, $7,674; and, WHEREAS, the recruitment period for the City's Information Technology 'Manager was longer than expected requiring contract support in excess of budgeted, $7,000; and, WHEREAS, overtime by the City's previous capital projects manager was not budgeted and was the result of extra hours worked prior to leaving the employment of the City; S3,603; and, WHEREAS, the Communications Department implemented a new computer aided dispatch system this fiscal year which required =budgeted overtime during the training phase for the new system, $4,627; and, WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted leave and unemployment insurance accounts in various departments requiring additional funds to complete the fiscal year $39,504, and, WHEREAS, modifications to administrative work schedules had and adverse impact of Fire Department overtime and the administration has been working with the department on a new and more efficient response matrix to reduce future overtime needs, $140,142; and, WHEREAS, Ordinance 2599-2011 mistakenly allocated insurance savings from workers compensation to other insurance types and transferred the available budget. S33,000 of the insurance savings is related to workers compensation and this ordinance will correct the misallocation; and; WHEREAS, supplemental funds and a budget transfer are needed for the remainder of the fiscal year to continue City services. NOW, THEREFORE, DE IT ORDAINED BY THE COUNCIL OF THE • CITY OF KENAI, ALASKA; that estimated revenues and appropriations be increased as follows; iNew Text' Underlined' [DELETED TEXT BRACKETED 35 Ordinance No. 2626 -2012 Page 2 of 3 General Fund Increase Estimated Revenues: Appropriation of Fund Balance State of Alaska - PERS On- behalf Funding Increase Appropriations: Manager - Leave Police - Leave Public Works Administration - Leave Library - Leave Recreation - Leave Parks - Leave Buildings - ESC Parks - ESC Fire - Overtime Streets - Overtirne Communications - Overtime Public Works Adnunistration - Overtime Dock - Overtime Manager - Medicare Police - Medicare Fire - Medicare Communications - Medicare Public Works Administration - Medicare Streets - Medicare Library - Medicare Recreation - Medicare Parks - Medicare Dock - Medicare Fire - PERS Communications - PERS Public Works Administration - Streets - Docic - Non- Departmental. - PERS Non - Departmental - Professional Services $219,483 12,155 $?34638 $ 5,100 13,255 2,000 6,508 2,078 2,078 6,760 1,283 106,000 22,000 3,500 2,725 6,200 59 192 1,535 51 69 319 96 33 90 23,32G 770 599 4,840 990 12,155 7,000 $23 1638 :xf Underlined TEXT BRACKETED] 36 Ordinance No. 2626-2012 Page 3 of 3 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfer be authorized: General Fund Budget Decrease Police - Workers Compensation Insurance Fire - Workers Compensation Insurance Streets - Workers Compensation Insurance $13,000 17,000 3,000 $33 000 Budget increase Non-Departmemal - Insurance $33,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May; 2012. Af JEST: Sandra. Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR introduced: April 18, 2012 Adopted: May 2, 2012 Effective: May 2, 2012 New Text. Underlined• (DELETED TEXT BRACKETED' 37 �l e with a Past, City with FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext. 221 / FAX: 907-283-3014 To: Rielc loch, City Manager From: Terry Eubank, Finance Directo Date: April 12, 2012 Re: Ordinance 2626 -2012 With the end of the fiscal year approaching the Finance Department has been working with various City departments to review their budgets. As a result a. number of needed adjustments have been identified for General Fund departments. A memo has been provided by each department head in support of their needed adjustments. This memo will address supplemental funding identified in the 3d and 6th WHEREAS's as well as the budget adjustment in the 8th WHEREAS. WHEREAS - 3 The FY12 Budget included funding for information technology (IT) prof ssionai services during the period of recruitment for the new IT. Manager. The recntirment period extended beyond the budgeted period requiring one month of extra professional services to maintain the City's IT network, Additional funding in the mount of $7.000 is being requested to cover these expenses. WHEREAS - 6 Employee attrition and larger than expected annual leave cash outs havedeplc in various departments requiring additional funds to complete the fiscal year $ Manager - Leave Police Leave Parks - Leave Parks Unemployment Recreation - Medicare Public Works - Medicare Library - Leave $5,100 813,255 82.078 81.283 833 S29 $6,508 Manager - Medicare Police - Medicare Parlcs - Medicare Recreation- Leave Public Works -Leave Buildings - Unemployment Library - Medicare d wage aecor 4: 859 192 833 52,078 $2,000 86,760 896 WHEREAS -.8 Ordinance 2599 -2011 authorized a budget revision transferring savi ngs om the City's insurance renewal to an infhnnation technology. In preparation of the ordinance 7 mistakenly calculated the insurance savings only on general liability and property coverage. The actual savings of $96,260 is correct but 538,096 of the savings was related to workers compensation coverage. Ordinance 2626 -201.2 will correct this mistake by moving available budget from workers compensation accounts back into the City's insurance account, 38 �� � i//�� e w8t�Y��/r���zL�� / / n- 210 F with a re da|gV Avenue, Kenai, Alaska 99811-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 7\\I' IVIO NDU TO: Rick Koch, City Manager �// FROM: Sean \yVedenn*ye|' Public VVVrkS[)irec(Or-�f-/^1-/ DATE: April 12`7O17 SUBJECT: INCREASING GENERAL FUND APPROPRIATIONS Rick, Above average snowfall during this past winter required Ve [tiPT9 by v personnel in excess of budgeted amounts, Additionaiovertirne81fheCitvdVckinrnaoagingthH7011Pe[s*na|U68/[}ipn8U Fishery was unbudgeted. An additional person was hired to manage the increased traffic and hours ot operation in 2011. The proposed FY 2013 ncludes a budget item for this position, Overtime by the City's previous capital projects manager was not budgeted and was the resu!t of extra hours worked prior to Jeaving the employment of the City. This is the basis for the request for an increase in the General Fund Appropriations in Ordinance No. 2626-2012. 39 0 e wt i s Past, et with a FFittw 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 ill 1992 Tai: City Manager Koch FROM: Fire Chief Tilly ym , DATE: April 12, 2012 SUBJECT: Ordinance 2626 -2012 Rick, This memo addresses Ordinance 2526 -2012 specifically #7 Whereas. Changes to the work schedules of two of the administrative staff originated from a desire to meet the workloads and increase the accessibility to their respective offices by the public, contractors and other agencies that they closely work in conjunction with. Because of this change, there was a decrease in the ability to cover scheduled leave, Work has proceeded to address the recall system which will be initiated soon and addressing of the response matrix for the department will have positive effects on future overtime needs, 40 { ila e with a Past, Kenai Police Department 107 5. Willow 5t„ Kenai, Alaska 99611 Telephone: 907 -2.63 -7879 / FAX: 907 -283 -2267 TO: Rick Koch — City Manager FROM: Gus Sandahi — Poiice Chief DATE: 4112112 SUBJECT: Communications Overtime Appropriation The dispatch ( communications) overtime account is currently depleted to a negative balance of $5,029.55. The dispatch center had a vacancy for a month, which left the department with $3,602.56 in unspent salaries to offset the overtone depletion. Despite the unspent salaries, the overtime balance will still have a negative balance at year end. The primary reason for the significant overtime depletion was a result of acquiring CAD (Computer Aided Dispatch). This was a Borough grant funded project that brought our dispatch center more into the 21st Century. Instead of hand writing all of the dispatch oriented activity; it is now entered via CAD. The dispatchers are now proficient with CAD entries, and overtime has subsequently decreased. However, the initial implementation of CAI) required significant overtime to train dispatchers on its use. 3 am requesting an appropriation of $3,500 to the general fund, communications overtime account to provide adequate overtime funding for the dispatch center for the remainder of FY12. The communications supervisor and 1 will monitor the communications overtime availability with a conservative mindset (as always). Suggested by: Administration CITY OF KENAI ORDINANCE NO, 2527-2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S26,515 IN THE GENERAL FUND FOR PROQA EMERGENCY MEDICAL DISPATCHING SOFTWARE. WHEREAS, in October of 20].] the Kenai Communications Center was awarded a State Homeland Security grant to acquire ProQA emergency medical dispatching software, which included training and tech support; and, WHEREAS, a representative from State Homeland Security initially told the Communications Supervisor that SHS could pay the bill directly to the vendor; and, WHEREAS, the software installation and training are complete, and now SHS states they cannot pay the bill directly to the vendor, and that they can only reimburse the City; and, WHERAS, installation and use of this system has enhanced dispatchers effectiveness when dealing with emergency medical calls. 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 $26,515 Increase Appropriations: Communications - Computer Software S26,615 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2012. ATTEST: Sandra Modigh, City Cleric Approved by Finance: PAT PORTER, MAYOR introduced: April 18th, 2012 Adopted: May 2nd, 2012 Effective: May 2rd, 2012 New Text Uridellineci- [DELETED TEXT BRACKETED 42 /c'lfr� e with apoist Gz Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907 -283 -7879 / FAX 907 -283 -2267 .2 ,f enure TO: THRU: Gus Sande fti — Police Chief FROM: Mike Nusbaum— Communications Supervisor DATE: 4/9/12 SUBJECT: ProQASofftware Grant Rick Koch ity Manager to October of 2011, I received notice that our grant application to State Homeland Security to acquire ProQA emergency medical dispatching software was approved. At that tirne,1 was told by a State Homeland Security representative that we could send the software invoice directly to the state for payment As a result the software has been installed and the invoice was forwarded to SHS. However, on 4/9/12, 1 was informed that they could only reimburse funds, and can't pay vendors directly. After we have paid Priority Dispatch, 1 will request reimbursement for the same amount. 1 am requesting an ordinance appropnating $26,51.5 into the general fund, communications computer software account to pay for ProQA emergency medical dispatching: software by Priority Dispatch. This is a sole source product, in that it is the computer version of the emergency medical dispatch cards that dispatchers are already using at every dispatcher center on the Peninsula. Other products, offered by different companies, are not compatible with the existing emergency medical dispatch cards that our dispatchers will continue to use as a supplement to the ProQA software. The total hill of 526,515 included software, training, and a one year annual maintenance agreement. I intend to request the annual maintenance agreement ($1,395) in subsequent years. 1992 the tit), ENALULLS Suggested by: Administration CITY OF KENAI ORDINANCE 110, 2628-20/2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 816,847.35 IN THE GENERAL FUND FOR POLICE DIGITAL EVIDENCE SOFTWARE AND INVESTIGATIVE EQ UIPM ENT. WHEREAS, the Kenai Police Department has received notice from the Court authorizing the forfeiture of drag seizure cash currently in the possession of the City of Kenai; and, WHEREAS, the evidence, custodian has transferred the cash from the evidence safe to the City finance department; and, WHEREAS, the Police Department wishes to utilize a large portion of the cash forfeitures to purchase digital evidence software from Veripic at a total cost of $16,779; and, WHEREAS, the Police Department will spend the remaining $68.35 in cash forfeitures to purthase investigative equipment NOW, THEREFORE, BE [T ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and. appropriations be increased as follows: General Fund increase Estimated Revenues: Forfeiture Increase Appropriations' Police - Computer Software Police - Small Tools S16,847.35 $16,779.00 68.35 SI§ 847.35 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2012, ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced,: April 18th,, :7012 Adopted: May 2,7d, 2012 Effective; May 2ad, 2012 Now It•xt: Underlined: [DELETED TEXT- PRACKETED] 44 Kenai Police Department 107 5, Willow Si., Kenai. Alaska 99611 Telephone: 907 -283 -7879 / FAX: 907 -28 -2267 TO: FROM: DATE Rick Koch — City Manager Gus Sandahi Police Chief 4/9/12 SUBJEC i : Cash Forfeiture Appropriation The General Fund currently holds S16,84735 in cash seizures that the Kenai Court has ordered forfeited to the "City of Kenai Police Department," and in some cases ordered forfeited to the "investigating agency." The forfeitures are a result of drug investigations an which the Kenai Police Department was the primary investigating agency. 1 am requesting an ordinance appropriating $1.6,779 into the general fund, police computer software account to pay for digital evidence software, developed by Veripic. The purchase price of $16,779 includes a 1.2 month software license maintenance contract ($2,730) and weber training ($399). It is our intent to purchase the maintenance contract for subsequent years. The software has unique qualities that make it a sole source product. By comparison, we have priced another digital evidence software product, and the cost is several thousand more. I am requesting the remaining $68.35 to be appropriated into the general fund, police small tools account to help pay for police investigative equipment. the / ERIE= Suggested by: Plaxming & Zoning Commission CITY OF KENAI ORDINANCE NO. 2629-2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF, LOT 1-Al, R.M. THOMPSON SUBDIVISION, 2012 ADDITION FROM LIGHT INDUSTRIAL (IL) TO GENERAL COMMERCIAL (00). WHEREAS, this property was replotted and as result of that platting action a split- zone was created; and, WHEREAS, the property is currently zoned Light Industrial and General Commercial; and, WHEREAS, the City's Administration recommended, and the Planning Flz, Zoning Commission concurred, that the property should be rezoned to eliminate the split-zone situation created by the replan and, WHEREAS, the property owner initiated action to rezone the property to General Commercial; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the area as Neighborhood Commercial; and WHEREAS, the 2003 Comprehensive Plan defines the Neighborhood Commercial zone as, "areas along the arterial road system that are suitable for small-scale neighborhood-serving retail, service, and office uses..."; and, WHEREAS, by adding the property to the General Commercial that immediately adjacent zone will be enlarged and the rezoning will eliminate a split-zone situation; and, WHEREAS, the rezone of the property to General Commercial meets the requirements of KMC 14,20.270; and, WHEREAS, on April 11, 2012, the City of Kenai's Planning and Zoning Commission voted unanimously to recommend to the City Council that the property be rezoned to General Commercial; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A. to General Commercial (CO); and, •New TeXt Underlined [DELETED TEXT I3RACKETED] 46 Ordinance No. 2629 -2012 Page 2 of 2 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended by rezoning a portion of Lot 1- Al, R.M. Thompson Subdivision, 2012 Addition from Light Industrial (IL) to General Commercial (CG), as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this 2nd day of May 2012. ATTEST: Corene Hall, CMC Deputy City Clerk PAT PORTER, MAYOR introduced: April I8, 2012 Adopted: May 2, 2012 Effective: June 2, 2012 New Text Uncle, Lined- [DELETED TEXT E3 47 \✓ CITY OF KENAI ANNING,AND ZONING COMMISSION RESOLUTION NO. PZ12 -09 .REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Graydon Cowcili dba Friendship Mission LEGAL: A Portion of 1A-1. R.M. Thompson Subdivision 2012 Addition {A Subdivision of R.M. Thompson Subdivision 2011 Addition & Radar. Subdivision) Preliminary Plat inciudiniz the following parcels: Street Address ! KP13. Parcel No, 14639.Renai Spur Highway includes- ` 03914228 Ninilcbik Drive 1516 Nini chik.Drive 03914222 03914223 03914220 03914221 Legal R.M. Thompson Subdivision,;.20 1:.1 Addition — Includes: Lot IA, R.M. Thompson Subdivision Friendship Mission. Replat Lot 25, B3, Radar Subdivision Lot 26, B3, Radar Subdivision Lot 23,133, Radar Subdivision Lot 24, E3, Radar Subdivision WHEREAS, the Com ion finds the following: 1. The subject properties currently zoned General Commercial & Light industrial 2. The present land use plan designation is Commercial The proposed zoning district is Neighborhood Residential c. An appropriate public hearing as ree ed was conducted April 11.2012 at the following additional facts have been found to exist: a. That the proposed. rezone zone situation created by a platting actio, 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of of Kenai that the petitioned REZONING of a portion of Lot IA -1, R.M. Thompson Subdivision 2012 Addition is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSI.ON OF THE CITY OF KENAI, ALASKA, APRIL I3, GHAIs ERSON: ``ti. 48 ATTEST.: t, :9:ad Rezone Genera CO,....: .--' -- ........./ \ .2 , . ..- \ . .--- C. '• i ,.,—"- •.. „, __..--- rt.:- - .. . , ., --- -• ...--”' ...-. .- , \ .-- -- (5N. ...." -2- -- ..--' 2' .---"r. 3 -- t ...--7.- „, V \ ,...."".Z t< 49 N •• \ -7s-J M[74 2 TIA N \ \� h btu, _+ a wso +Ito ^y pws. 7;4 Cv gl;1?,2+ St tvS41 ? °t• the KEKALay ALASKA v -� ' wr a '''/ -iO with a m ,a * v 210 Fidaigo Avenue, Kenai, Alaska 89611-7794 Telephone: QO7'283'7535/FAX' 407^283-3014 TO: City Council FROM Rick Koch ~DATE: April 12, 2012 SUBJECT: Action/Approval —ADQT/PF IIISOA tor Beaver Loop Roadway The purpose otthis correspondence is to recornmend that Cty CounciP approve motion as taftd mu "To authorize the City Manager to enter into the attached Memorandum ofAgreement, or a substantially equivalent Memorandum of Agreement, with the State of Alaska, regarding the improvement arid transfer of Beaver Loop Road from Bridge Access Ftoad toKeeaiSpurHighmay^ This action vvill result in the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) moving forward with survey, envtronmental analysis, and design for the upgrade of Beaver Loop Road to a wider roadway section and separated pedestrian pathway, Prior to construction, the City will need to accept and execute a quitclaim deed which conveys all of ADOT/PF's rights, title, and interest in Beaver Loop Road. During the design period, and in advance of construction and the City's execution of a quitclaim deed, the City will be able to satisfy itself to the final design of the project, conduct its own Phase I Environmental Analysis, and undertake any other due diligence it deems necessary. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. 51 Memorandum of Agree east Between the State of Alaska Department of Transportation and Public Facilities and the City of Kenai Regarding the improvement and Transfer of Beaver Loop Road - Bridge Access Road to Kenai Spur Highway Project Nu. 53456 The parties to this Agreement are the State of Alaska acting through its Department of Transportation and Public Facilities (hereafter DOT &PF) and the City of Kenai, a City established under Alaska Iau (hereafter the City). WHEREAS, A.S.19.20.060 authorizes the State and the City to enter into agreements for establishing, maintaining, and regulating use of public ways within their respective jurisdictions, and WHEREAS, the City requests DOT &PF to plan, design, and construct the Beaver Loop Road Improvement and Pedestrian Pathway Project, identified as Project No. 53456 (hereafter known as the Project), located within the boundaries of the City of Kenai, and WHEREAS, the DOT&PF agrees to fund and construct the Project and will provide all labor, materials and equipment necessary to construct the Project in accordance with the provisions contained within the Project documents and plans, and WHEREAS, DOT&PF owns that portion of Beaver Loop Road covered by this Project and desires to transfer all of its existing rights at future maintenai and iy to the City, WHEREAS, the City agrees to accept, by Commissioner's Quit Claim Deed, all of the rights and future maintenance of Beaver Loop Road, and 0 WHEREAS, it has been determined that this work will serve the public interest and enhance the quality of Iife for the residents of and visitors to, the City, and WHEREAS, the patties hereto wish to memorialize within this document, hereinafter referred to as the `Agreement ", their specific agreements related to the Project and the maintenance and operations of the fat IT IS THEREFORE AGREED by the parties, in consideration of the mutual promises contained in this Agreement, as set forth below, regarding the planning, design, construction, maintenance, transfer of right of way and operation of the Project.. MEMORANDUM 05 AGREEMENT Beaver Loop Road - Bridge Access Road to Kenai Spur Highway Project No, 53456 Page 1 o5 52 D NNING, DESIGN, AND CONS"T"RUCTION a. DOT &PF shad plan, design, and construct the Project wii funding. The City shall have no claim against DOT &Ply money available is not adequate to complete the Project. e approved scope and ost overruns or if the b. DOT&PF shall be responsible for permitting all utility reiooation.s necessary for this Project. SCOPE OF WORK The scope of the improvements to Beaver Loop Road being implemented under this agreement are depicted within the drawings for the Project. Generically, the improvements include, but are not limited to, resurfacing the existing roadway adding 4 foot paved shoulders and a separated pedestrian pathway, 3. MAINTENANCE, AND OPERATIONS a. The City agrees to maintain and operate the transferred road after sulastantiai oompietion of the construction of the Project. b. The City shall: perform its activities underthis Agreement at its sole cost and expense and without reimbursement from DOT &Pp. The City's maintenance activities include, but are not Limited to: 1) Planning, scheduling, administration, and logistics of maintenance activities; 2) Traffic control and safety; 3) Preservation of drainage in an as -built condition, including maintenance of all culverts, ditches, storm sewers, gutters, dry wells, and under-drains; 4) Embankment protection, including erosion control, to as -built conditions; 5) Roadside management; 6) Snow and ice removal; 7) Snow and ice control, including all plowing, sanding, culvert and storm sewer tl wing, snow hauling, winging, opening of shoulders, ice scraping, drift control, snow slide removal, and associated tasks as may be required for the safe and timely passage of the public; 8) Maintaining signs and delineators in an as -built condition and their replacement, including, posts and foundations, when damaged, unreadable, or worn out; 9) Highway marking and repainting as required maintaining performance of their intended function; 10) Repair of street lights as required to ensure a functioning system, including repair /replacement of lenses, light bulbs, photo cells, contacts, relays, and 11) Removal of debris, rubbish, and dead animals; 12) Signing of seasonal weight restrictions as may be required by local conditions: 13) Pothole repair using asphalt products on an as- needed basis; MEMORANDUM OF AGREEMENT Beaver Loop Road - Bridge. Access Road to Kenai Spur. Piigh� Project No. 53456 Page 2 of 5 53 14) Annual Brack sealing; 15) Repairs of minor rutting, waves, sags, humps, corrugations raveling, alligator cracks, pitting, and bleeding on an as- needed basis. TITLE TRANSFER a. Prior to construction of the proposed improvements DOT &PF shall execute and the City shall accept a quitclaims deed that conveys all of DOT&PF's right, title, and interest in Beaver Loop Road and the Project to the City, subject to utility permits issued under 17 AAC 15, encroachment permits issued under 17 AACI 0.010 through 17 AAC I0.015, and driveway permits issued under 17 AAC 10.020 through 17 AAC 10.990. A drain copy of the quitclaim deed is attached for reference, 5. DISPUTE RESOLUTION a. If a dispute arises under this' Agreement between the City and DOT &PF, and the parties cannot resolve the matter between them within 45 days after the aggrieved party gives notice to the other party, the aggrieved party may request that the matter be resolved by arbitration. b. Each party shall appoint an arbitrator to hear the dispute. The two arbitrators acting together shall select a third arbitrator to join there on an arbitration panel. The three arbitrators shall hear the matter under such rules and procedures as they deem necessary to conduct the proceedings. c. Each party shall pay the expenses of the arbitrator it appoints. The party against who a decision is rendered shall pay the costs of the arbitrator selected by the arbitrators appointed by the parties, and all expenses incurred in the conduct of any hearing on the dispute. d. Except when the provisions of this paragraph provide otherwise, any arbitration under this paragraph is subject to AS 09.43.010- 09.43.180, the Uniform Arbitration Act. e. A decision by the Federal Government denying, or limiting, federal participation in project costs may not be arbitrated under this Agreement. The City may only pursue such claims under federal law and procedure. 6. INDEMNIFICATI ON To the maximum extent allowed by law, the City shall indemnify, defend, and hold the Department, its officers, employees, and agents (collectively the "Indemnified Parties ") harmless from. all Liability, claims, causes of action, and costs (including attorney's fees) arising out of this Agreement or relating to the obligations assigned or work performed under MEMORANDUM OF AGREEMENT Beaver Loop Road - Bridge Access Road to Kenai Spur Highway Project No 53456 Page 3 of 5 54 this Agreement, including, but not limited to, liability, claims, and causes of action alleging or arising out of a negligent act or omission by one of the Indemnified Parties. Notwithstanding The forgoing, the City shall have no obligation to rude nnif �, efend, or hod the Indemnified Parties t' armless from: (a) claims for personal injury, death, or property damage arising' from incidents occurring prior to Substantial Completion; (h) claims for personal injury, death, or property damage alleging a negligent act or omission by one ofthe Lndemnified Parties and arising from incidents occurring within three years from the date of Substantial Completion; or c) claims arising from or asserted under AS 46 03.822. As used in this Section, "Substantial Completion" means the time at which the Project (a) can be safely and effectively used by the public without further delays, disruption, or other impediments, and (b) pavement structure, shoulder, drainage, sidewalk, permanent signing and marking, guardrail and other traffic barrier, safety appurtenances, utilities, lighting, and bridge deck and parapet work is complete. 7. AM NDMLNT OF AG ENT This Agreement may only be modified or amended by Supplemental Agreement forms signed by both parties. 8. "i: dE tiijF10LE AGREE 'IN ert on the prescribed This Agreement constitutes the entire agreement between the parties. There are no other understandings or agreements between the parties, either oral or memorialized in writing regarding the matters addressed in this Agreement. The parties may not amend this Agreement unless agreed to in writing with both parties signing through their authorized representatives. MEMORANDUM OF AGREEMENT Beaver Loop Road— Bridge AeceS'n Road to Renai Spur Highway Project No. 53456 Page4 of 5 55 CITY OF KENAI Rick Keel) City Manager ACKNOWLEDGEMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Date Orr this dav of 20 Rick Kocla, City Manager acknowiedgeti before me that he executed the foregoing document freely and voluntarily with full authority to do so. Notary Public, State of'AlasIca My COMmissic n expires: * * ** ** *. * * * *. * * * *. ** * * * * * + * * * *** ** *** ***; * * * * * * ** * **** * ** F * * * *k***** ** kS***** * * ** * *4 STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITY Robert A. Campbell, P.E. Date Regional Director ACKNOWLEDGEMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this dav of , 2012, Robert Campbell, Regional Director of the DOT &PF of Transportation and Public Facilities, acknowledged before me that he executed the foregoing document freely and voluntarily with full authority to do so. Notary Public, State of Alaska My commission expires: MEMORANDUM OF AGREEMENT Beaver Loop Road - Bridge Access Road to Kenai Spur Highway Project No, 53456 Page 5 of5 56 KENAI LIBRARY COMMISSIOW KENAI COUNCIL CHAMBERS APRIL 3, 2012 7 :00 P.M. VICE CHAIR KATHY EAST, PRESIDING 1VIEETING SUMMARY ITEM 1: CALL TO ORDER &: ROLL CALL Vice Chair East called the meeting to order at approximately 7:0 confirmed as follows: Roll was Commissioners present: E. Bryson, C. Brenoide, H. Curtis, K. East Commissioners absent: R. Peters Staff /Council Liaison present: Library Director M. Joiner, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckie MOVED to approve the agenda as presented. and Commissioner Curtis SECONDED the motion. There were no objections, SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY - March 6. 2012 MOTION: Commissioner Curtis 1UIOVED to approve the meeting summary of March 6, 2012 and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: SONS SCHEDIJLEI3 TO BE HEARD -- None. USINESS Discussion -- Meeting Room Policy Library Director Joiner reported the policy was still with. the City Attorney, and she had attended a session at the Public Library Association conference regarding meeting room policies. 5-b. Joiner sun M 6: Discussion -- Budget FY13 ar zed the draft budget and noted the i 1 @.iGf' Ni BUSINESS -- .None. 57 dget. ITEM 7: REPORTS 7 -a. Director -- joiner reported the Children's librarian position was open and urged commissioners to RSVP to the Clerk's office regarding the Volunteer Appreciation Dinner on April 20. 7 -h. City Council Liaison -- Council Member Boyle noted there would be budget work sessions on April 23 and 24. ITEM S: S -a, No come ITEM 9: NEXT MEETING ATTENDANCE NOTIFIICATION May 1, 2012 ioners requested an excused absence. COMMISSION COMMENTS /QUESTIONS Brenckle apologized for missing the last meeting. East call ed attention to the information items in the pacicet. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION ITEM 12: MOTION. Friends of the Library Board Meeting Minutes - March 13, 2012. Memorandum from City Planner regarding Comprehensive Plan Survey. Draft Invitation. and RSVP from Friends of the Library, ADJOURNMENT Commissioner Brenckie MOVED to adjourn and Commissioner Bryson SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7 :45 p.m. Meeting summary prepared and submitted by: Conine Hall, CHIC, Deputy City Clerk 58 LIBRARY COMMISSION MEETING APRIL 3, 2012 PAGE 2 ITEM? 1: KENAa P' S & RECREATION COM MIS APRIL 5, 2012 CITY HALL COUNCIL CHAMBERS 7 :00 P.M. CHAIR AL HULL, PRESIDING- MEETING SUMMARY CALL TO ORDER 6s ROLL CALL Chair Hull called the meeting to order at approximately 7 :00 p.m. Roll was confnmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorurn was present. ITEM 2: MOTION: Commissioner Beeson MOVED to approve the agenda as presented and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. ITEM S: APPROVAL OF MEETING-, SUMMARY -- January 23, 2012 MOTION: Chair A. Hull, C. Stephens, J. Beeson, R. Tunseth, J. Wilson E. Castillo, R. Larnbourn Parks and Recreation Director R. Frates, Council Member T. Bookev Commissioner Stephens MOVED to postpone approval of the January 23, 2012 meeting summary and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCCI EDULEID TO BE HEARD -a. Nancy Carver, City Planning Assistant -- Interactive Parks Map for the W ebsite Planning Assistant Carver gave a presentation regarding interactive park maps fo website and asked for changes, corrections, additions to be forwarded to her. ITEM 5: OLD BUSINESS ussion -- Municipal Park Playground Update Prates reported the design /engineeting phase was complete and. needed to be reviewed by administration.. 59 Beeson expressed concern that the meeting schedule hindered the process. MOTION: Commissioner Beeson MOVED to request Frates send a monthly newsletter /update to commissioners and Commissioner Tunseth SECONDED the motion. There were no objections, SD ORDERED. -b Discanssion -- Trail Plan Update Frates provided a brief update on the trail plan, noting the trail c interviewed. s being ITEM 6: NEW BUSINESS 6 -a. Discussion -- Non - routine Maintenance Tasks Frates reviewed the Non- routine maintenance tasks included in the packet, noting vandalism increased in the spring and asked any vandalism be reported immediately. ITEM 7: REPORTS 7 -a. Commission Chair -- Hull noted his support on discussing the meeting schedule at the next meeting.. 7 -b. e9iresctor -- Frates noted interviews were being conducted for summer hires and noted the Leif Hansen Memorial Park project had been awarded to B 8z, B Landscaping and would begin around June 20. 7 -c. City Council Liaison -- Council Member Bookey reviewed the April 4 Council meeting. ITEM 8: NEXT MEETING ATTEND CE ITSITIFICAT.I ©N S -a. August 2, 2012 No commissioners requested an excused absence from the August 2, 2012 meeting. ITEM 9: COMMISSION QUESTIONS & COMMENTS Hull asked about signage at Municipal Park. Frates noted he and Commissioner Lambourn had reviewed sites and money had been included in the FY20I3 budget. Beeson noted the possibility of artificial turf and track replacements and noted funding would be included in the upcoming state budget. M PERSONS PRESENT NOT SCHEDULED TO BE HE None, PARIS AND RECREATION COMMISSION MEETING APRIL 5, 2012 PAGE 2 60 11-a. 1' 1 -b, ITEM 12: MOTION: INFORMATION Imagine Kenai 2030 -- Kenai Comprehensive Plan 'Update Memorandum from City Planner Comprehensive Plan Survey ADJOURNMENT Commissioner Beeson MOVED to adjourn and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximates 8:20 p.m. Meeting summary prepared and submitted by: Corene Hall. CMC, Deputy City Clerk PARKS AND RECREATION CO 61 ISSION MEETING APRIL 5, 2012 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMdISEION APRIL 11, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL T O ORDER Chair Twait called the meeting to ord 1 -a. Pledge of Allegiance Chair Twait led those assembled in ti Roll Call Roll was confirmed, as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. at approximately 7:0 e Pledge of Allegiance. Chair J. Twait, K. Peterson, C. Smith, K. Koester P. Bryson, J. Rowell, H. Knaekstedt (all excused) City Planner M. Kebschull, Planning Assistant N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall 1 -c. Agenda Approval MOTION: Commissioner Koester MOVED to approve the agenda as presented and Com Smith SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Koester MOVED to approve the consent agenda, and Comrniss Peterson SECONDED the motion. There were no objections. SO ORDERED, 1 -e. *Excused Absences • Commissioner Bryson. • Vice -Chair Knackstedt • Commissioner Rowell Approved by co e 62 oner one 'All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- March 28, 2012 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEWI 4: CONSIDERATION OF PLATS -- None, ITEM 5: PUBLIC HEARINGS 5 -a. P212 -09 - An application to rezone a portion of Lot 1A -1, R.M. Thompson Subdivision 2012 Addition (14639 Kenai Spur Highway) from a split zone (IL - Light Industrial and CG General Commercial) to CG - General Commercial, Application submitted by Graydon Cowgill, Friendship Mission, P.O. Box 2634, Kenai, Alaska. MOTION: Commissioner Koester MOVED to approve PZ12 -09 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting a house would be built on the back part of the lot which was pei:uitted as a secondary use, and recommending approval, Twait opened the meeting to public hearing. The being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE :MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED MUSINESS -- None. ITEM 7: ITEM 8: NEW BUSINESS -- None. PENDING ITEMS 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 (R52), Rural Residential (RR), Rural Residential 1 (RR -1) and PLANNING AND ZONING COI 63 SSION MEETING APRIL 11, 2012 PAGE 2 the Urban Residential (RU) Zoning District (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597- -2011 to the August 1, 2012 meeting and the ordinance was referred hack 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.) ITEM 9: REPORTS 9 -a. City Council -- Mayor Porter noted the minutes from the last council meeting were in the packet and the council was working on the FY2013 budget. 9 -b. Borough Planning -- No report. 9 -c, Administration -- Kebschull noted the information items included in the packet and reported she and Planning Assistant Carver would be at a Planning Conference during the next week. ITEM 10: PERSONS PRESENT NOT SCFIEiDULED -- None. ITEM 11: INFORMATION ITEMS First Quarter 2012 Reports Zoning Code Enforcement Building Permits 11 -b. Ci o_t ifenal Leases ITEM 12: NEXT I42[EETING NrJ E Nth I ICATi ION 12 -a. April 2b, 2012 No commissioners requested an excused absence from the April 25 meeting. ITEM 13: COMMISSION COMMENTS .F.• QUESTIONS -- None. ITEM 1:4: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:12 p.m. Minutes prepared and submitted by: Coterie Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 11, 2012 PAGE 3 64 rt))1iNG APPROVAL KENAI BEAUTIFICATION COMMITTEE APRIL 10, 2012 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR PRO TEMPORE SUSAN LOVETT, PRESIDING MEETING SUMMARY Due to the absence of the Chair and Vice Chair, Susan Lovett agreed to preside as Chair Pro Tempore. ITEM is CALL TO ORDER & ROLL CALL Chair Pro Tempore Lovett called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Members present: Members absent: Staff/Council Liaison present: S. Lovett, L. Gabriel, V. Pierce M. Dimmick, C. Jung, T. Canady, P. Baxter Parks and Recreation Director R. Prates, Mayor P. Porter No quorum was present. ITEM 2° AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY 4-a October 11, 2011 4-b. January 10, 2032 4-0 February 28, 2012 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: UNFINISHED BUSINESS 6—a. Summer Beautification Theme ITEM 7: NEW BUSINESS 7—a. Volunteer Plant Day ITEM 8: REPORTS 8-a. Committee Chair Parks eh Recreation Director 8-c. •Kenai City Council Liaison ITEM 9: NEXT MEETING. ATTENDANCE NOTIFICATION 65 9 -a. ITEM 10: ITEM 11: ITEM 12: 12 -a. ITEM 13: May 8, 2012 COMMITTEE MEMBER QUESTIOAIS AND COMIVI PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Comprehensive Plan Survey ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7: Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COM 66 TTEE MEETING APRIL 10, 2012 PAGE 2 TO: FROM: Gus Sandahl — Police Chief DATE: 4/11/12 SUBJECT: Police & Communications Department Activity — Month of March 2012 POLICE DEPARTMENT MID -MONTH REPORT Rick Koch — City Manager t larch 2012 Police handled 649 calls for service (up from 505 in March 2011). A tally of 911 calls for March is not yet available. Communications personnel handled 3,606 administrative phone calls. Officers made 49 arrests and wrote 234 reports. Traffic enforcement resulted in 175 warnings, 69 speeding tickets, 25 seatbelt tickets, 6 citations for equipment violations, and 71 citations for "other" traffic violations, There were 6 DUI arrests (1 felony). Police investigated 7 vehicle crashes. One of the crashes involved a moose. None of the crashes were DUkrelated. In the schools, SRO Prins facilitated a DARE graduation for Mt. View Elementary, which was attended by approximately 200 hundred people. More than 70 students graduated from the 5th grade DARE program. He also taught the following classes: four alcohol classes at KCHS, four drug classes at KCHS, four radar classes at KCHS. He also handied several school- related calls for service, including: one school bus fight, a family problem, one parking lot accident, two reported missing children (found unharmed), one report of harm, and one drug problem at one of the high schools. New Dispatcher, Jessie Cline, started work for the City in ate February. She has completed training and is now working on her own. On March 12, Officers Ezell and Williams attended an interview class in Anchorage. On March 26, Sgt. McBride attended a Crimes Against Women conference in Dallas, TX, The costs of this training, including travel costs, were funded by the State. 67 FIRE DEPARTMENT MID-MOWTH REPORT April 2012 The focus at the Fire Department for the last month has been around "Spring Training ", Our Fire department hosted and Surface Ice rescue Blass at the end of March.. The class was attended by members of Nikiski Fire Department and members of the Kenai Fire Department. The Instructor was Dick Rice from. Rescue 3 International, Dick has over 26 years of service in the Fire and Rescue Service, with both career and volunteer experience as a firefighter, medic, and technical rescue specialist. He has worked with the recreational public as well as Alaska State Troopers and other law enforcement agencies, Fire & Rescue gencies, State and National Park Service. Three of our members attended Paramedic Refresher training out at Nikiski Fire Department. This is part of their mandatory training hours to keep their skills and their knowledge sharp. Our Fire Marshal it attending a State wide forum for building officials and Fire Marshals from around the state. This has' been . attended in the past and has been a great opportu.nity for him to network and problem solve with officials from other communities from around the state. In mid March we had 4 (four) of our department members attended. a Fire Officer 1 Training course hosted by Nildski Fire Department. This course will help prepare our employees for future promotions and the responsibilities that come with advancement in the Fire Service. We also had refresher training for all department members in BLS so they could stay current on their CPR. Special thanks to FF Coots for instructing this class. Finally we hosted an EMT III refresher for all certified employees in the month of March. Enai.neer Satathite was the lead Instructor for another successful CERT class in Kenai working in cooperation with Kenai Borough OEM in March. This class has been a huge draw over the years and had added trained personnel to our community. A special recognition should be given to Eng. Satathite for his continued success with this program. Call volume is up 3% from last year. We are still participating with Safe Kids doing Car seat checks at the station and staying involved. with Kenai Peninsula College and their Paramedic ride along program. 68 pp mcc d y[ p p^ STRAY ANIMAL CONTROL MID - MONTH REPORT March 2012 2012 2011 2012 2011 68 83 ADOPTED 55 44 Dogs 53 57 Dogs 35 16 Cats 13 26 Cats 17 17 Other Animals 2 0 Other Animals 3 1 RELEA SE+ D BY OWNER 62 45 CLAIMED 21 14 Dogs 34 25 Dogs 2i 14 Cats 27 19 Cats {l 0 Other Animals 1 1 Other Animals 0 0 Dogs Cats Other Animals TOTAL ANIMALS 11 10 EUTHANIZED 7 4 Dogs 4 5 Cats 0 Other 141 138 Other Disnosition Borough Animals Total Dugs Total Cats 78 30 52 23 28 0 0 0 27 46 Field investigations 64 71 94 86 Volunteer hours 182 102 44 50 Total phone 627 706 3 2 Kennel Permits 0 0 Community Involvement Projects: 3/1/2012 Sterling Elementary School Field Trip. 3/17/2012 Annual Rabies Vaccination Clinic 3/24/2012 Sterling Elementary School Safety Days 69 KENAk, ALASKA To: Rick Koch, City Manager � Terry Eubank, Finance Director Date: April 11.2U12 Re: Monthly Report FINANCE DEPARTMENT MID-MONTH REPORT April 2012 The past month has been a busy one with much of the departments focus on the preparation of the FY2013 Budget. Council received the draft budget OD April 4th and copies are available on the City's website and at the City Library. A works session is scheduled for April m to discuss the budget with the Council, Insurance renewals are due this month. | am expecting another good renewal but do anticipate increases in property coverage as well as workers compensation. Workers compensation premiums are expected to increase due to liability created by changes in statute as well as increase in the workers compensation medical rate tables. Significant property losses caused by last year's natural disasters in Japan are expected to adversely impact our property rates but the impact is not expected to be significant. The annual spring conference of the Alaska Government Finance Officers is being hosted by the Kenai Peninsula Borough atThe Soldotna Sport Center April 18 — 20. 1 and approximaiely 50 other finance officers from around the state wiU be in attendance. PARKS & RECREATION MID- NTH REPORT APRIL 2012 The 2011 -12 ice season came to a close March 15` ". Operationally, the season went very smoothly and we finished with approximately 517 hours of reserved ice. This is up about 36 hours from last year's total. There were approximately 47 hours lost this past January due to extreme cold temperatures. The Kenai Little League purchased five new bleachers which will be placed at the complex this summer Funding came from a State of Alaska Renewal & Replacement grant they had received a few years ago. Effort is underway to remove some of the snow on a couple sports fields. Both KCHS softball and baseball teams have scheduled games in the next 2 -3 weeks. Similar to last year. I suspect games will probably need to be put on hold a bit longer due to field conditions. The Director and staff person Chris Pearson attended a pesticide certification training class April 3rd and 4`". ice maintenance at the outdoor pond (Daubenspeck Family Park) came to a .halt at the end o March due to weather conditions. Ice skating is no longer allowed. Typical spring -like ski conditions exist at the Kenai Nordic Trails; icy during morning hours and very soft toward afternoon. Most our grooming efforts have seized due to warming temperatures. The department has been busy conducting interviews for our summer maintenance program. A total of 72 applications were received. A couple structures were impacted negatively this winter due to frost heaving. These strut include some footings at the bird viewing platform and the Kenai River wildlife viewing are Bridge Access Road. A significant amount of girdling has been noted on the trees at the Leif Hansen Memorial Park as well as other areas throughout town. This was caused by moose stripping off the bark this winter. A damage assessment of the trees in LH Memorial Park will be performed and trees monitored. 71 PUBLC WORKS DIRECTOR CAHTAL PROJECTS MANAGER the �// | /\p;f|2Di2[�����[]R-[ ^��/ / | KEMAL ALASKA T[>: Rick Koch City Manager FROM: Sean VVoden)eyer Public Works Director/Capital Projects Manager DATE: April 11,2812 SUBJECT: Mid - Month Report; Pubiic Works / Capita Projects Public Works: a Street sweepers are picking up sand from roads and parking lots. Potholes are being paired. Soccer fields have been snow blown. • Fire Systems Testing and Inspection has been completed at city buildings. Deficiencies are being corrected. Monitoring offire alarm panels is ongoing. * AK(lSH voluntary site inspections have been completed Emp!oyer Report of Actions Taken has been competed for January nspectton. February rispection reports reoeived in AprH and deficiencies are being corrected. Status of Projects: * New Maintenance Shop 35% Design — Professional Services Agreement with review. f Architecture in • Dock Pile Repair and Cathodic Protection — American Marine to begin work in May. * Pedestrian Bridge — Substantially complete. Seeding and approaches to be completed in spring. • Siemens Energy Audit — 95% Investment grade audit (IGA) scheduled to be completed by Siemens in late April • Leif Hansen Fower Beds — Awarded to B&E Landscape. Work to take piaoe in June. • JomesShee|Puving — Designinrevinvv. Public meeting scheduled for 7P&4 April 17th • Kenai industrial Park — Design in progress. 65% for review drawings received. • Vintaoe Point Flood Reoaft - Oontract routed for signature, Work to begin in Apri!. • Senior Center Leak in Dining Room - Proposal to engineer repair requested. 72 ^ K�kJ ����� ��L���� " ''^'�7�^/ ~"°""" a Past °'~°7 ,�~~'^ "~' future � x 210 Fidago Averiue, Kenai, Alaska 90611'7794 Telephone: g07-203'7h3t/ FAX: A87,283`3014 TO: FROM: Nancy Carver, ,Pl8Dn /\SSist@ []ATE: April 3'701? SUBJECT: Code Enforcement Action Marilyn Kebschull, Planning Administration 2012 1cf Quarterly Report Planning & Zoning currently has seven (7) active code cases: ` Debris | �&|ook | 2 | Cases Transferred tu Legal Department/Civil Penalties being assessed. 1TOTALS: S |7 Closed Cases Opened Cases l[ � Z J Administration is currently working with four (4) individual property owners tc eliminate vioations without taking forrnaF action. 73 Ataarer“ C.? 15:12 PZ Resolutions First Ouafler 2012 TYPE OF PERMIT Amend Iv11C Pre linainaryPlat 201203 14.20.145 Rec. Zone & 14.22.010 Land Use Table 201204 14:22.010 Permit as in Rec Zone 201205 Amend KMC 14.20.150. Cup requirements 201201 Poore Subdivision 201201 Poore Subdivision- Revised 201202 Section Line Easement Va Landing Cottages SD 201202 Revised - Section Line Easement Vacation - Kenai Landing Cottages SD 201206. Kenai industrial Air Park SD 201207 Baron Park Subdivision 2012 Septet 201208 R.M, Thompson SD 2012 Repiat MEETING GATE ACTION' 2/22/2012 Approved 2/22/2012 Approved 2/22/2012 Approved 2/8/2012 Approved 3/14/2012 Approved 2/8/2012 Approved 3/28/2012 Approved 2/22/2012 Approved 3/28/2312 Approved 3/14/2012 Approved Tuesday, April 03, 2012 Page 1 of I 74 -4 Fn CI ',}t OF KE A Permit #. Date Parcel # (Butter B4886 1/6/2012 4901311 CINGSA - Aux Building 1377 Bridge Access Rd Address 84887 1/6/2012 4901311 CINGSA- Office/Shop 1377 Bridge Access Rd Building 64888 1/13/2012 3914228 Friendship Mission 84889 1/25/2012 4314014 Francisco Rodriguez Hwy 'te 201 Legal Description Comments electric Interior p81 &Bch lee i $ 14639 Kenai Spur Hwy. L1A, RM Thompson S6 Kitchen toad Friendship Mission Replat Sucpressin System 12498 Kenai Spur L1, C -Plaz 0 'alrtatiarz RjC $45,000 0 $520,000 0 $2,700 remodeling, $5,000 replace hood €nstallailun art, suppression sys. 84890 1/30/2012 4309027 Angela Verg -in 1105 4th Ave. L2,131, McCann SD remodel kitchen, 5 100 relocate sink B4B91 2/17/2012 4101359 Byler Contracting 1608 Redoubt Ave. L1A, 813 Inlet Woods 14119SFD 5245,000 R Kenai Replat w /#832 garage 84892 2/29/2012 4709222 American Legion Post 20 902 Cook Ave. L12A, 816, Original Kitch Hood $2,300 0 Townsite of Kenai Tomrdle Suppression Repl System 84894 3/12/2012 4702010 Our Lady of the Angels 225 5. Spruce SL Govt Lot 334 84895 3/16/2012 4518014 Seventh Day Adventist 701 Sw` es Rd. Govt Lot 21 Church Tuesdap, Apr Kitchen Hood Suppression System Replaces expired permit 84223 & 84868 52,000 50 age t n 84896 Parcel # 3/19/2012 4921015 B4897 3/21/2012 4339043 B4898 3/21/2012 4101419 Richard Ba James Banner Address Legal Z?ascription 200 Eisenhower Ln. L1, Sunset Rim 5D #1 10672 Kenai Spur Hwy. Tract 82 Kenai Spur - #103 Airport lease property Norvtk Robert Stockdale 1408 Jute Anna Dr. rs SFD #1920 & 43840 garage (Replaces B4588) Remodel ex =sing unit - gym /exercising club Lot 6, Block 8, Wind haven 4168 -192 shed, Estates Phase 1 must meet zone code requirement KMC 1420,200(3) Accessory Structures, as notified of in meeting with building ofticial and planning assistant. "Covered but 6nenc /os ed 0\ 64899 3;23/2012 4311035 Tuesday, April D3, 2012 Edo Conner 1611 3rd Ave. L3, Kinclaven SD #2 passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure_ shalt not be closer than five feet (5) to the rear lot line;" Rebuild 5284 carport eorr R/C $0 R $ 10,000 $1,000 R $35,000 Page 2 of Perrnif #: Date Parcel # B4901 3/29/2012 4101144 Hall Quality Builders 54902 3/29/2012 4101145 Hall Goality Builders Tuesday, April 03, 2012 Address Legal Description 1560 Meander Lane L6, 610 Inlet Woods SD 1570 Meander La L7, 610 Inlet Woods SD C wivnenrfs #1 SFD #1280 wH140i garage 81 #1683 SFD w/ #440 garage VaHrarion R/C $218,000 R 4273,000 R age 3 Airport Improvement Program: April 2012 AfrpoAt Manag Report Apron Rehabilitation'. The closeout documents have been sent to the FAA for final Master Plan — Chapters 1, 2, 3, & 4 are being printed for review by the Technical Advisory Committee; after approval the document will be forwarded to the FAA for their review and approval. Obstruction Clearing EA - The Environmental Assessment was approved and signed by the FAA on March 20, 2012. The bid documents and clearing specs were approved by City Administration. The bid document is being prepared in anticipation of a grant in May 2012. Airport Manager is currently working with property owners on individual scopes of work for each property. Float Plane Basin EA & Design: The closeout documents are complete and sent to the FAA for final and will be bid ready should grant funds become available. The FAA stated that there is an overall cut in Airport Improvement Program funding by 7% and a major cutback in discretionary funds nationwide. This project did not qualify for discretionary funds by 1 point this year and the entitlement funds have already been committed to the Tree Obstruction Removal, Aero Nautical Survey, Airfield Marking, and Security Camera projects. Spring Clean-Up: The airport crew is busy with ground maintenance and the sweeping of the parking Tots with sand pickup. Please excuse the dust. Lease Lot Inspections: Once again, the City and Airport Staff will be conducting the annual lease lot inspections within the airport reserve. The purpose of the inspections is to ensure that all tenants are in compliance with the terms of their respective agreements. Lease lot inspections are a required component of FAR Part 139. 12th Annual KPAF: The event is fast approaching and we are still looking for a platinum sponsor for the t -shirt or a gold sponsor, and a tent, so if you know of anyone who might be interested in helping us out, please contact Erica at 283 - 7951. Great Alaska Aviation Gathering: (aka Alaska Airmen's /Fed Ex Tradeshow) The Airport Manager and Administrative Assistant will be in Anchorage May 4, 5, & 6`" attending this event. This is a great opportunity to promote the airport and the 12'" Annual Kenai Peninsula Air Fair. Out of Town: The Airport Manager and Operations Supervisor will be out of state April 16 -19, 2012 to attend the International Aviation Symposium in Buffalo, New York. 2012 -04 78 aye ALLIS March Circulation. Figures Adult Fiction Adult Non- Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non-Fiction Easy Fiction Easy Non- Fiction Interlibrary Loan KENAi COMMUNITY LIBRARY I' D -M ©NTH REPORT APRIL 2012 1,968 1.696 314 199 611 512 2,047 490 45 Internet Access Video 3 Room. Booking 93 Music 63 DVDs 3,488 Audio. books 223 Miscellaneous 214 Computer Programs 1:0 Total Print 7,882 Total Non -Print 5,64 ,' Total Circulation Library Door Count 3,525 in- House circulation 392 Downloadable,Audio 394 Downloadahle:ESooks 355 We were closed 'o r most of March. 2011 so a comparison of circulation figures to Last year is not relevant. Down oadabie materials represent6% of our total circulation of items this month (this excludes in:ternet access). The new IT Systems Manager installed new people counters this week so we Should have door count numbers to post again soon. In March we had 7 volunteers who worked putting in a total of 59 hours. There were 19 Children's pn ograrns with 313 total attendance, 4 Teenn programs • with 28 in attendance, and 5 adult programs with 32 participants. Inter Library Loan logged 45 orders with 42 items received, 50 returned and. 24 items lent by our library to other matt MARCH Income Fines 8 1,403.68 Xerox 12.00 Lost/Damaged 96.88 Test Proctoring Fee 120.00 Printing 272.00 Other 15.00 Total income S 1..919:56 Library Cards Issued March Kasilof 4 Kenai 112 Nikiski 12 Ninilchik 1. Soldotna 37 Sterling 7 Organization & Other 14 Total 187 Minutes before we left for the. Public Library Association conference our new children's librarian handed me her resignat was able to post the 10o at the Job Center while at conference and we will he accenting applications aril April 13. See attached report from the conference. We are working on a kickoff event to showcase our new videoaonfercrtc'no I wrote and submitted an Inter Library Cooperation Grant application in conjunction with the Homer and bring two authors to the Peninsula this summer. The E -rare application and the annuli state grant applicat before the end of the month. 79 0 Unite To: Rick Koch, City Manager From: Raehael S. Craig, Senior Center Director Date: March 12, 2012 Total February Meal Count 2012 Sen'ed: Total Congregate Meals Served: 1,057 Total Home Meals Served: 1,760 Total February Meal Count 2011 Serried: Total Congregate Meals Served: 1,108 Total Home Meals Served: 1,591 KENAI SENIOR CENTER MARCH REPORT During the month of February the senior center was rented six times this month. In February there was 875 volunteer hours served. On February 1.4, Valentine's :Day, we held an evening dinner to take the place of lunch. There were 70 seniors that participated in the evening. The Forget -Me -Not Band played and everyone had a great time. A Kenai Central High government student performed her community service project at the senior center. She facilitated a fun evening of bingo. She advertised, col leeted:donated prizes and called Bingo. There were 40 seniors that participated in the evening. March has been busy with genii ready for the annual "March for Meals" fundraiser on March 22 at 6p.rn. There will be a dinner, pie auction, split the pot, balloon prizes, no host bar, and some outcry auction items. "Bull Don and the Moose Nuggets" will entertain during dinner and pie auction will start afterwards: We still have a few places for volunteers. Two seniors have made a quilt and tickets are selling for $5.00 each or 5 for $20. The drawing will be held on the 22nd of March. Every Friday in February was a "Waffle Breakfast" 80 seniors participated over the course of the month. Two senior volunteers cooked and served the waffles. 80 PVR(�HA�EORDERS 8ElPREEhQ2'S0O,V0 AHD S1 VoUuD FOR COUNCIL REVIEW C(}UNC|LmraB(NGOF! AP` L1U,2U12 VENDOR Up3CR|pO$N DEPT. CDVYGOVERRMENT SCANNER P8Z ALASKA PUMP AND SUPPLY K8GM[MAKELECTK|O ALYESKA SALES ALASKA SAFETY }(EMA| QUALITY FLOORING PEN|:*]Lx|,0YVERSP0K[S SEWAGE PLP1PS FOR LIFT STATION STREET L|CU[WIRING/BREAKERS TIRES FORD SEDAN ACCESSORIES SANER STREET LIGHTING SHOP POLICE P EMOV[/KEPA|}\ RUBBER FLOORING TERMINAL 2012 SPORTSMAN ATV SEISMIC SURVEY ASSISTANCE TRNL3 MANAGER ACCOUNl MACHINERY KEQUIPMENT 7.260.88 MACHINERY &EQUIPMENT 11.130,00 REPAIR &M0|mTLNANCE 8.S55.00 OPERATING .SUPPLIES 4.440.00 MACHINERY &tOUiPMEwT 3.041).00 REyt,/R&MAINTENANCE 3,19287 CONSTRUCTION 5.099.33 PROFESSIONAL SERVICES 7.439_90 APRIL 18, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA: REQUESTED BY: 1. REMOVE: G -9: Action /Approval — • ADOT /PF MOA for Beaver Loop Roadway City Manager \thecia,ot KEW, ALASKA Villa "e with a Past, a MEMO: with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch DATE: April 18, 2012 SUBJECT: Action /Approval -- ADOT /PF Memorandum Of Agreement (MOA) for Beaver Loop Roadway 1992 The purpose of this correspondence is to recommend that City Council remove Action /Approval Item 9, Under G -New Business from the agenda for the April 18, 2012 Council meeting. We are still working with ADOT /PF to modify language contained in the MOA. I expect to bring this before you at the next regularly scheduled meeting. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. NOTICE OF PUBLIC HEARING APRIL 18, 2012 CITY OF' KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2622 -2012 - Authorizing the City Manager to Enter into a Lease Preference Right Agreement with Thomas Wagoner and Dorothy Wagoner with Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located within the Airport Reserve. 2. Ordinance No. 2623 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Eliminate the Payment of Overtime in Excess of Fair Labor Standards Act (FLSA) Rates to Temporary Employees and Making Technical Corrections. The public hearing will rommence at 7:00 p rn , or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: April 13, 2012 04 PUBLISHER'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 one successive and consecutive day following dates: April 16, 2012 in the issues on the ENDA COUNCIL — REGULAR MEETING APRIL 18, 2012 7 :00 P.M. NAI CITY COUNCIL CHAMBERS' http://www.chkenaLakus ITEM D: PUBLIC HEARINGS 1. Ordinance No. 26224012 — Authorizing the City Manager to Enter into a Lease Preference Right Agreement with Thomas Wagoner and. Dorothy Wagoner with Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Looatedwithin the Airport Reserve. Ordinance No 2623-2012 — Amending Kenai Municipal Code Section 23.25.060,::' Overtime,' to Eliminate the Payment of Overtime in. Excess of Fair Labor Standards Act (FLSA) Rates to Temporary Employees and. Making Technical Corrections. ITEM 0: NEW BUSINESS Action/Approval — Bills to be Ratified Action /Approval — Purchase Orders Exceedin g $15,000 *Ordinance No, 2624-2012 -- Increasing Water & Sewe Estimated Revenues And Appropriations By $10,911 For Cost. Excess Of Budgeted Amounts. `Ordinance No. 2625 -2012 -- Increasing Airport Fund Estimated Revenues And Appropriations By $20,069 For scosts In Excess Of Budgeted Amounts. Ordinance No 2626 -2012 — Increasing General Fund Estimated Revenues And Appropriations By $231,638 For Costs In Excess Of Budgeted Amounts And Authorizing A Budget Transfer Within The. General Fund In The Amount Of $33000 *ordinance No. 2627 -2012 -- Increasing Estimated Revenues And Appropriations By $26,515 In The General Fund For Prods Emergency ical Dispatching Software. rdinance No. 2628 -2012 -- Increasing Estimated Revenues And -i Appropriations By $16;847.35 In The General Fund For Police Digital Evidence Software And investigative Equipment. *Ordinance No 2629.2012 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1 -Al, RM. Thompson Subdivision, 2012 Addition from Light industrial (IL) to General Commercial (CG) Action /Approval — ADOT /PF MOA for Beaver Loop Roadway. TEM L, EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect on the finances of the City and to give direction to the City Manager and City Attorney regarding the handling of a specific legal matter -- Tammy Spillman v City of Kenai, Superior Court Case No. 3KN -11 -00693 CI. ITEM N: ADJOURNMENT The public is invited to attend and par available through the City Clerk s office a website at http://www.ci.kenatak.us. Corene Hall, Deputy City Clerk X SUBSCRIBED AND SWORN to this 24th day of April e before NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 cipate. Additional information 3s. 210 FidaIgo Avenue or visit our D199/21