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Home My WebLink About2012-06-06 Council Packetems; e Meeting .e^ u4 - I ✓ t-e Cy" YiA� 1�- I %.3 a,�C -J / - Send out notice to All with link to Council packet F—JTWWAWM Council and Student Rep packets to police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. Library L l' . Cunningham t-e Cy" YiA� 1�- I %.3 a,�C -J / - Send out notice to All with link to Council packet F—JTWWAWM Council and Student Rep packets to police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. 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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. S. Proclamation -- Alaska Communications' Summer of Heroes Day B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. NOT PRESENT AT MEETING. Kathy Musick, Jersey Subs, Inc. -- Relocation of Jersey Subs after Roof Failure. 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) APPROVED UNANIMOUSLY. Ordinance No. 2631 -2012 -- Increasing Estimated Revenues and Appropriations by $894 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. APPROVED UNANIMOUSLY. Ordinance No. 2632 -2012 -- Increasing Estimated Revenues and Appropriations by $1,505.92 in the General Fund for State Traffic Grant Overtime Expenditures. APPROVED UNANIMOUSLY. Ordinance No. 2633 -2012 -- Increasing Estimated Revenues and Appropriations by $7,352.43 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. AMENDED & APPROVED UNAMMOUSLY. Ordinance No. 2634- 2012 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. 5. SUBSTITUTE ORDINANCE APPROVED UNANIMOUSLY. Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to the Purchase of Significant Equipment on a Predetermined Replacement Schedule. • Substitute Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to Allow the Purchase of Equipment Other than "Heavy Equipment" Costing in Excess of $50,000. APPROVED UNANIMOUSLY Ordinance No. 2636 -2012 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2013 Operating Budget Salary Schedule. 7. APPROVED UNANIMOUSLY Ordinance No. 2637 -2012 -- Increasing Estimated Revenues and Appropriations by $120,000 in the Information Technology Capital Project Fund for a Voice over Internet Protocol Phone System for Which Funding was Provided as Part of the FY2013 Budget. 8. APPROVED UNANIMOUSLY. Resolution No. 2012 -26 -- Awarding a Contract to Alaska Roadbuilders, Inc. for the Project Entitled, "James Street Paving Lid 2012" for the Total Amount of $167,479. 9. APPROVED UNANIMOUSLY. Resolution No. 2012 -27 -- Authorizing a Budget Transfer of $15,000 Within the Water Department to Purchase a Fork Lift. 10. APPROVED UNANIMOUSLY. Resolution No. 2012 -28 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. 11. AMENDED & APPROVED UNANIMOUSLY Resolution No. 2012 -29 - - Amending Its Comprehensive Schedule of Rates, Charges, and Fees for Changes Adopted During the Fy2013 Budget Process to Include Increasing Camping and Parking Fees Associated with the Personal Use Fishery on the City's North And South Beaches And Fees for Water and Sewer Service. 12. APPROVED UNANIMOUSLY Resolution No. 2012 -30 -- Authorizing a Budget Transfer within the General Fund for the Purchase of Radios and Accessories for the Communication Needs of the Streets Department. 13. APPROVED UNANIMOUSLY. Resolution No. 2012 -31 -- Authorizing a Budget Transfer within the General Fund for External Legal Assistance Related to Land Issues. 14. APPROVED UNANIMOUSLY. Resolution No. 2012 -32 -- Authorizing a Budget Transfer of $10,000 within the Police Department Budget for Fuel Costs in Excess of Budgeted Amounts. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of May 16, 2012 2. APPROVED BY CONSENT AGENDA. *Special Meeting of May 23, 2012 F. UNFINISHED BUSINESS - None 1. APPROVED UNANIMOUSLY. Action /Approval -- Bills to be Ratified 2. APPROVED UNANIMOUSLY. Action /Approval -- Purchase Orders Exceeding $15,000 3. APPROVED UNANIMOUSLY. Action /Approval -- Special Use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park and Adjacent 50' Right -of -Way. 4. APPROVED UNANIMOUSLY. Action /Approval - Concession Agreement with Bunny Swan Gease d /b /a Artworks Alaska for Space No. 17 at the Kenai Municipal Airport Terminal. 5. APPROVED UNANIMOUSLY. Action /Approval -- Consent to Assignment and Assumption of Lease Agreement from L & M Ventures, Inc., Michael J. Lott, Natasha Lott, and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision. 6. APPROVED UNANIMOUSLY. Action /Approval -City Manager to Enter into a Memorandum of Agreement (MOA) Regarding the Transfer of Beaver Loop Roadway to the City of Kenai. 7. PUBLIC HEARING SET FOR JUNE 25, 2012, 5:30 P.M. Discussion -- Set Board of Adjustment Hearing Date -- Appeal of Condemnation Order of Mobile Home(s) in SPC 44 at Highland Mobile Home Park, 5125 Silver H. Salmon Drive, Kenai, Alaska, of May 7, 2012, by Larry Floyd, City of Kenai Building Inspector. 8. DISCUSSED & DEFERRED TO CITY CLERK. Discussion -- Council Policy for Commission, Committee, Board and Council on Aging Meetings and Works Sessions - Work Sessions. 9. APPROVED BY CONSENT AGENDA. *action /approval -- Transfer of Liquor License and Name Change -- Main Street Tap & Grill. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 1. AML Membership 1. City Manager 2. City Attorney 3. City Clerk 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- None. ffm Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. [Clerk's Note: At its November 16, 2011 meeting, 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.] 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Budget Transfer in Capital Projects in Excess of $5,000 -- None 3. Kenaitze Indian Tribe Profile and Overview, Dena'ina Wellness Center The agenda and supporting documents are posted on the City's website at www.d.kenai.ak.us. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamberprior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. 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 'stem will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. 5. Proclamation -- Alaska Communications' Summer of Heroes Day B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Kathy Musick, Jersey Subs, Inc. -- Relocation of Jersey Subs after Roof Failure. 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) Ordinance No. 2631 -2012 -- Increasing Estimated Revenues and Appropriations by $894 in the General Fund for Training Funds Provided by the Alaska Police Standards Council ..... ............................... 2. Ordinance No. 2632 -2012 -- Increasing Estimated Revenues and Appropriations by $1,505.92 in the General Fund for State Traffic Grant Overtime Expenditures .................................. ............................... 3 3. Ordinance No. 2633 -2012 -- Increasing Estimated Revenues and Appropriations by $7,352.43 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures .................... ............................... 5 4. Ordinance No. 2634 -2012 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013.......... 5. Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to the Purchase of Significant Equipment on a Predetermined Replacement Schedule ............................................. ............................... 13 ® Substitute Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund;" to Expand the Use of the Fund to Allow the Purchase of Equipment Other than "Heavy Equipment" Costing in Excess of $50,000 ................................ ............................... I ........................ 17 6. Ordinance No. 2636 -2012 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled 'Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2013 Operating Budget Salary Schedule..... ..................................................................... 21 7. Ordinance No. 2637 -2012 -- Increasing Estimated Revenues and Appropriations by $120,000 in the Information Technology Capital Project Fund for a Voice over Internet Protocol Phone System for Which Funding was Provided as Part of the FY2013 Budget ................... 26 8. Resolution No. 2012 -26 -- Awarding a Contract to Alaska Roadbuilders, Inc. for the Project Entitled, "James Street Paving Lid 2012" for the Total Amount of $167,479. ............ __ .............. _ ............. 28 9. Resolution No. 2012 -27 -- Authorizing a Budget Transfer of $15,000 Within the Water Department to Purchase a Fork Lift ............................. 33 10. Resolution No. 2012 -28 --Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013.... 35 11. Resolution No. 2012 -29 -- Amending Its Comprehensive Schedule of Rates, Charges, and Fees for Changes Adopted During the Fy2013 Budget Process to Include Increasing Camping and Parking Fees Associated with the Personal Use Fishery on the City's North And South Beaches And Fees for Water and Sevier Sery ice. ............................ 3? 12. Resolution No. 2012 -30 -- Authorizing a Budget Transfer within the General Fund for the Purchase of Radios and Accessories for the Communication Needs of the Streets Department .... ............................... 46 13. Resolution No. 2012 -31 -- Authorizing a Budget Transfer within the General Fund for External Legal Assistance Related to Land Issues........ 48 14. Resolution No. 2012 -32 --Authorizing a Budget Transfer of $10,000 within the Police Department Budget for Fuel Costs in Excess of BudgetedAmounts .................................................. ............................... 50 E. MINUTES 1. *Regular Meeting of May 16, 2012 ............................... ............................... 52 2. *Special Meeting of May 23, 2012 ................................ ............................... 58 ��ih` iaiiiif ,�;i�l•7':iikyi�`i�"�� \[•S'r [e'!i� i �14�i2ii�yM� i �'K')• 1. Action /Approval -- Bills to be Ratified ........................ ............................... 60 2. Action /Approval -- Purchase Orders Exceeding $15 ,000 ........................... 61 3. Action /Approval -- Special Use Permit to Reddi Towing &, Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park and Adjacent 50' Right -of- Way............................................................................. ............................... 62 4. Action /Approval - Concession Agreement with Bunny Swan Gease d /b /a Artworks Alaska for Space No. 17 at the Kenai Municipal Airport Terminal. .................................................................................................... 70 5. Action /Approval -- Consent to Assignment and Assumption of Lease Agreement from L & M Ventures, Inc., Michael J. Lott, Natasha Lott, and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision...... 93 6. Action /Approval -City Manager to Enter into a Memorandum of Agreement (MOA) Regarding the Transfer of Beaver Loop Roadway to the Cityof Kenai ................................................................ ............................... 101 7. Discussion -- Set Board of Adjustment Hearing Date -- Appeal of Condemnation Order of Mobile Home(s) in SPC 44 at Highland Mobile Home Park, 5125 Silver Salmon Drive, Kenai, Alaska, of May 7, 20 12, by Larry Floyd, City of Kenai Building Inspector ............... ............................... 108 8. Discussion -- Council Policy for Commission, Committee, Board and Council on Aging Meetings and Works Sessions - Work Sessions .............. 111 9. *Action /Approval -- Transfer of Liquor License and Name Change -- MainStreet Tap & Grill ................................................ ............................... 117 • : 0 • Is, 1. Council on Aging .......................................................... ............................... 121 2. Airport Commission ..................................................... ............................... 123 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 1. AML Membership ......................................................... ............................... 125 J. ADMINISTRATION REPORTS 1. City Manager ............................................................... ............................... 128 2. City Attorney 3. City Clerk I • • 1. Citizens Comments (Public comment limited to five (51' minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- None. x 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.] 1. Purchase Orders between $2,500 and $15,000 for Council Review ............. 139 2. Budget Transfer in Capital Projects in Excess of $5,000 -- None 3. Kenaitze Indian Tribe Profile and Overview, Dena'ina Wellness Center........ 140 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -7535 ext 231. I . Suggested by: Administration ck rtyof CITY CE KENAI KENAI SKA ORDINANCE NO. 2681 -2 012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $894 IN THE GENERAL FUND FOR TRAINING FUNDS PROVIDED BY THE ALASKA POLICE STANDARDS COUNCIL. WHEREAS, the Alaska Police Standards Council has agreed to reimburse the Police Department in the amount of $894 for unbudgeted training costs; and, WHEREAS in May /June of 2012 the Police Department is hosting a two week law enforcement firearms course; and, WHEREAS, the Police Department has purchased $894 worth of targets and training materials prior to the firearms training, with the agreement from APSC to reimburse the City for those costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Police $894 Increase Appropriations: Police - Operating Supplies $894 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: June 6, 2012 New Text Underlined; (DELETED TEXT BRACKETED] 0 BATE: W/12 SUBJECT: Request Ordinance 2638 -2012 appropriating anticipated training funds from the Alaska Police Standards Council T he Alaska Police Standards Council has agreed to reimburse the Kenai Police Department for training costs related to firearms training in May /June. The Kenai Police Department is hosting two weeks of law enforcement firearms instructor training, which requires a large amount of targets, as well as instructor training manuals, The Kenai Police Department is purchasing the targets and training manuals prior to the training. Total costs as follows: IPSC targets - $625 Training Manuals 269 Total Costs $894 The $894 reimbursement check from APSC will be deposited into the City of Kenai general fund. i am requesting an appropriation of $894 into the general fund, police operating account to cover the costs of these unbudgeted training expenditures. Kj u�S Suggested by: Administration ah t,' a f CITY OF KENAI KENA SKA ORDINANCE NCI. 2632 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,505.92 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic - related overtime funds require no Local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $1,505.92 from January I to April 30 of 2012; and, WHEREAS, the Police Department is requesting the appropriation of $1,505.92 to the General Fund, Police Overtime account to cover actual costs of traffic safety program participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $1,505.92 Increase Appropriations: Police - Overtime $1,505.92 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: ,June 6. 2012 0 "ViCfaye wN a Past Ci y witk a F"ature" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 „b Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 ...�- 1492 the a� of KE LA ASI A DATE: 317112 The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols are not budgeted in the FY12 budget. Actual overtime costs for Click it or Ticket and DUI overtime patrols from January to April of 2012 are as follows: DUI $496.08 Seatbelt $1,009.84 Total Requested Appropriation $1,505.92 AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $1,505.92 into the general fund, police overtime account for actual AHSO - related overtime costs. 0 Suggested by: Administration ryaf CITY OF KENAI KENAI, ALASKA ORDINANCE ANCE NO. 2633 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,352.43 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $7,352.43 for the time period of January 1, 2012 to April 30, 2012, and those funds are paid out of the Police - Overtime account; and, WHEREAS, the Police Department is requesting the appropriation of $7,352.43 to the General Fund, Police Overtime account to cover unbudgeted overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Police $7,352.43 Increase Appropriations: Police - Overtime $7,352.43 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6t!, day of June, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: June 6, 2012 69 f " "Vilta e witk a Fast City wA a Future ®` 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 x, Aw F Telephone: 907 - 283 -7535 ( FAX: 907 - 283 -3014 . ieez Me city of DATE: 5!71112 SUBJECT: Ordinance 2633 -2012 requesting appropriation into Police — Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police - overtime account, which is now significantly depleted. Actual BHP overtime costs for the Kenai BHP officer from 1!1/12 to 4/30/12 are $7,352.43. I am requesting an ordinance appropriating $7,352.43 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from 1/1112 to 4/30/12. \\ tHFCltvoF /f Suggested by: Administration Wwa-STSWAT M. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section I That certain document entitled "City of Kenai Fiscal Year 2013 Annual Budget" which is available for examination by the public in the Office of the City Clerk, the City's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2012 and ending June 30, 2013. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2012, and ending the 30th day of June, 2013, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $15,054,517 Enterprise Funds: Congregate Housing 439,693 Capital Projects Management Fund 109,259 Special Revenue Funds. Airport Land Sales Permanent. Fund 1,033,243 General. Land Sales Permanent Fund 142,236 Water and Sewer Fund 2,251,085 Airport Fund 2,735,110 Senior Citizen Fund 835,625 Debt Service Fund 175,848 New Test Underlined; [DELETED TEXT BRACKETED] N Ordinance No. 2634 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: r— PAT PORTER, MAYOR Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: July 1, 2012 New Text Underlined; (DELCTED TEXT SRACCETED1 L U IVTo: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 8, 2012 Re: Ordinance 26' )4-2012 Ordinance 2634 -2012 will establish the FY13 Operating Budget for the City. The draft budget was issued on April 3 d and differs sligbtly from what will be appropriated with the passage of Ordinance 2634 -2012. Those differences are as follows: 1. The April 3`d Draft Budget included a proposal to hire six on -call fire personnel for coverage at the airport when regular staff take leave. This new proposal is to increase department overtime by $32,000 rather than hiring on -call personnel. The following accounts were affected by this changes: Fire Department 0100 Salaries $(39,740) 0200 Overtime 32,000 0400 Medicare (113) 0450 Social Security (3,259) 0500 PERS 7,039 0600 Unemployment Insurance (39) 0700 Workers Compensation (934) 2024 Small Tools & Minor Equipment (20,400) 4533 Transportation (8.400) Total Fire Department $(33,846) Non - Departmental 0500 PERS 4.426 Total All Departments $( 9� ,420} 2. Employee Health Care, The April 3`a draft included a proposal for employees without dependents to pay the same 8.5% of the cost of their healthcare paid by employees with dependent coverage. At the recommendation of Council this proposal has been removed. The increased cost of $22,572 was absorbed by increasing the estimated unutilized employee deductible reimbursement amount. The 2011 utilization rate for deductible reimbursement was 46.53% and the historic utilization rate at approximately 60.00 %. The FY2013 budget is based upon a 68% utilization rate. 3. At the direction of Council, $2,500 was eliminated from Legislative - Operating and Repair Supplies to make the City's Volunteer Appreciation event for Commissions /Committees a semi - annual event At the direction of Council $1,500 was eliminated from Legislative - Professional Services to eliminate the proposed virtual tour update. 5. At the direction of Council $1,500 was added to Legislative- Miscellaneous. 6. Council directed the Administration to increase Legislative - Grants to Agencies by $2,500 and to provide the following detailed distribution of the proposed grant funds: Kenai Watershed Forum Kenai Oilers Park Water Water Testing $5,000 & Sewer $1,000 Kenai Chamber Thanksgiving Kenai Chamber 4" of July Fireworks $3,500 Celebration $2.500 Industry Appreciation Day $500 Central Area Rural Transit $2,500 Kenai Boys & Girls Club $10,000 Economic Outlook Forma $500 Miscellaneous — unidentified $2,000 Total Grants to Agencies $27,500 7. Council directed the Administration to increase Legal - Professional Services by $6,500 for outside legal assistance. 8. Council directed the Administration to increase Fire - Small ToolsA4inor Equipment by $6,750 for the purchase of a thermal imaging camera and a roof vent saw. 9. Council directed the Administration to increase Parks, Recreation & Beautification - Repair and Maintenance $10,000 for additional repairs to the LH Memorial Park Veteran's Wall and Sidewalk. 10. Council directed the Administration to increase Parks, Recreation & Beautification - Small Tools and Minor Equipment $2,000 for the purchase of pond hockey nets to be used at Daubenspeck Family Park. 11. Council directed the Administration to increase Parks, Recreation & Beautification - personnel accounts for the addition of one permanent Laborer position and eliminate one temporary crew leader position at a net cost of $48,834 annually. 12. Council directed the Administration to increase Buildings - Buildings by $85,000 for yet to be determined building repairs. lull The total changes in expenditures by fund are as follows: Ordinance 26XX -2012 April 3`d After Above Budget Draft Changes General Fund $ 14,924,853 $15,054,517 Special Revenue Funds Water & Sewer 2,251,085 2,251,085 Airport 2,735,110 2,735,110 Senior Citizen 835,625 835,625 Enterprise Funds Congregate Housing 439,693 439,693 Capital Project Management 109,259 109,259 Permanent Funds General Land Sale Permanent Fund 142,236 142,236 Airport Land Sale Permanent Fund 1,033,243 1,033,243 Debt Service Fund 175,848 175,848 m v TO: City Council FROM: Flick Koch, City Manager DATE: May 31, 2012 SUBJECT: Ordinance 2634 -2012 The purpose of this correspondence is to provide information to the Council regarding $85,000 of expenditures for maintenance projects as was discussed at the Council Work Session for the FY2013 Budget. This results in a FY13 GF Budget deficit of $11,245. The following are the maintenance projects /activities proposed to be funded: Buildings 8062- Buildings 1. Paint /Repair Soffit, Public Safety Building $20,000 2. Remove Stump /Repair Lawn, Public Safety Building 3,000 3. Repair Roof Leak Damage, Senior Center 7,500 4. Roof Repairs, City Hall 3,000 5. Wall Repair /Brick Veneer, City Hall 6,500 Boating Facility 4531 - Professional Services 1, Dredging Feasibility Study $20 vv ^0 Boating Facility 8062- Buildings 1. Replace Auto Flush at Restroom $ 5,000 Parks & Recreation 8064 - Machinery & Equipment 1. Tractor Backhoe /Snowblower Attachment $20,000 Total $85,000 if you have any questions, please contact me at your convenience. IF t fj. \\, thcutyof f/ KENAI, ALASKA Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 7.25.110, - EQUIPMENT REPLACEMENT FUND," TO EXPAND THE USE OF THE FUND TO THE PURCHASE OF SIGNIFICANT, EQUIPMENT ON A PREDETERMINED REPLACEMENT SCHEDULE. WHEREAS, the City's Equipment Replacement Fund, as defined by KMC 7.25.110 is to provide financing for "heavy equipment which is anticipated to cost in excess of fifty thousand dollars ($50,000.00) and which would otherwise be financed by the General Fund "; and, WHEREAS, the purpose of the Equipment Replacement Fund is to provide a mechanism to funding for the purchase and that generates funds to be available to replace equipment on a predetermined schedule by "leasing" the equipment to the operating department at a rate that will be sufficient to cover the original investment plus inflation; and, WHEREAS, the use of an Equipment Replacement Fund spreads the cost of significant equipment over its useful life for the operating fund who is using it, as opposed to large periodic purchases that would cause significant budget fluctuations in an operating fund; and, WHEREAS, limiting the use of the equipment replacement fund to "heavy equipment" precludes its use to other purchases meeting the purpose of such a fund; and, WHEREAS, the fund should be available to be utilized for the purchase of any significant equipment, equipment which is anticipated to cost in excess of $50,000, who's periodic replacement can be reasonably estimated and who's cost would be more reasonably paid over the useful life of the equipment as opposed to the year of purchase if the City Manager maintained, long -term schedule of replacements and payments is shown to reasonably support the purchase. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. New Text Underlined; [DELETED TEXT BRACKETED] IN Ordinance No. 2635 -2012 Page 2 of 3 Section 2. Amendment of Section 7.25.110 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.25.110, Equipment Replacement Fund, is hereby amended as follows: 7.25.110 Equipment Replacement Fund. (a) A fund entitled Equipment Replacement Fund is created. The fund shall be an internal service fund as defined by generally accepted accounting principles. The purpose of the fund is to provide financing for [HEAVY) equipment which is anticipated to cost in excess of fifty thousand dollars ($50,000.00) and which would otherwise be financed by the General Fund. (b) The Equipment Replacement Fund is not required to have an annual budget; however, any cash outlay for equipment purchases from the Equipment Replacement Fund shall be approved by resolution of the City Council. (c) The Equipment Replacement. Fund shall be allocated interest earnings on all cash balances in the fund. Proceeds from the sale of surplus [HEAVY] equipment w211 be deposited in the Equipment Replacement Fund if the fund will be financing the replacement of the equipment, or if the equipment was purchased with fund assets. Any transfer of Equipment Replacement Fund assets to another fund shall be accomplished by ordinance. (d) The City Manager will maintain a schedule of all equipment owned by the Equipment Replacement Fund and shall make recommendations to the City Council when equipment is to be purchased by the fund. 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. New Text. Underlined; [DELETED TEXT BRACKETED) flV Ordinance No. 2635 -2012 Page 3 of 3 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 sixth day of June, 2012. ATTEST: Sandra. Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: July 6, 2012 -_ New 1Y:xL Underlined; [DELETED TEXT BRACKETED] m U "1411a e with a rust C# watt a Faturell FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907- 283 -3014 k,To:Rick Koch, City Manager � rf From: Terry Eubank, Finance Director Date: May 8, 2012 Re: Ordinance 2635 -2012 The purpose of this memo is to support amendment of KMC 7.25.110 Equipment Replacement Fund (ERF), to expand the use of the fund to any significant capital purchase the purchase of which is better spread over the useful Iife of the asset and thus eliminating the significant budgetary impact on the operating fund when paid for in a single budgetary period. The purchase of significant equipment, equipment costing in excess of $50,000, who's replacement is scheduled is traditionally accomplished through and internal service fund Iike the City's ERF. The City's ERE limits purchases to "heavy" equipment and ignores other possible uses meeting the traditional use of such funds. The FY2013 Budget proposes using the Equipment Replacement Fund to purchase the netw =ork infrastructure necessary to visualize the City's network. The cost of this computer equipment is estimated at $100,000 with a useful life of five years. The ERF is the perfect vehicle for the purchase of this equipment allowing the City to fund the purchase over five years at a rate of $22,777 per year rather than a single $100,000 purchase in FY20'13. The long -term schedule of replacements and payments for the Equipment Replacement Fund provided by the City Manager in his FY2013 Budget transmittal shows the fund is able to fund this purchase without impacting other planned replacements. Amendment to the language of K-MC 7.25.110 by removing the word "heavy" will expand the use of the fund to other purchases meeting the intent and purpose of an ERF. SUBSTITUTE � Suggested by: Administration FZ % f ,e auya CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENA'I MUNICIPAL CODE SECTION 7.25.110, "EQUIPMENT REPLACEMENT FUND," TO EXPAND THE USE OF THE FUND TO ALLOW THE PURCHASE OF EQUIPMENT OTHER THAN "HEAVY EQUIPMENT" COSTING IN EXCESS OF 850,000. WHEREAS, the City's Equipment Replacement Fund, as defined by KMC 7.25.110 is to provide financing for "heavy equipment which is anticipated to cost in excess of fifty thousand dollars ($50,000.00) and which would otherwise be financed by the General Fund "; and, WHEREAS, the purpose of the Equipment Replacement Fund is to provide a mechanism for the purchase of expensive equipment and to generate funds to be available to replace equipment on a predetermined schedule by "leasing" the equipment to the operating department at a rate that will be sufficient to cover the original investment plus inflation; and, WHEREAS, the use of an Equipment Replacement Fund spreads the cost of significant equipment over its useful Iife, as opposed to large periodic purchases that would cause significant budget fluctuations in an operating fund; anal, WHEREAS, limiting the use of the equipment replacement fund to "heavy equipment" precludes its use to other purchases that could benefit by using such a fund; and, WHEREAS, the fund should be available to be utilized for the purchase of any significant equipment, equipment which is anticipated to cost in excess of $50,000, who's periodic replacement can be estimated and who's cost would be more reasonably paid over the useful life of the equipment as opposed to the year of purchase. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 7 25 1 10 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.25.110, Equipment Replacement Fund, is hereby amended as follows: New Text Underlvie,d; [DELETED TEXT BRACKETED] Ordinance No. 2635 -2012 SUBSTITUTE Page 2 of 3 7.25. 110 Equipment Replacement Fund. (a) A fund entitled Equipment Replacement Fund is created. The fund shall be an internal service fund as defined by generally accepted accounting principles. The purpose of the fund is to provide financing for [HEAVY] equipment which is anticipated to cost in excess of fifty thousand dollars ($50,000.00) and which would otherwise be financed by the General Fund. (b) The Equipment Replacement Fund is not required to have an annual budget; however, any cash outlay for equipment purchases from the Equipment Replacement Fund shall be approved by resolution of the City Council. (e) The Equipment Replacement Fund shall be allocated interest earnings on all cash balances in the fund. Proceeds from the sale of surplus [HEAVY] equipment will be deposited in the Equipment Replacement Fund if the fund will be financing the replacement of the equipment, or if the equipment was purchased with fund assets. Any transfer of Equipment Replacement Fund assets to another fund shall be accomplished by ordinance. (d) The City Manager will maintain a schedule of all equipment owned by the Equipment Replacement Fund and shall make recommendations to the City Council when equipment is to be purchased by the fund. 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.O70(f), this ordinance shall take effect one month after adoption. New Text Underlined; I,I7E.LfF,'LED TEXT BRfaCILGTLDj R• Ordinance No, 2635 -2012 SUBSTITUTE Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY" OF KENAI, ALASKA., this sixth day of June, 2012. PAT PORTER, MAYOR AT"T"EST: Introduced: May 16, 2012 Sandra Modigh, City Cleric Adopted: June 6, 2012 Effective: July 6, 2012 tDELETED TFX7 BRACIiErEDI .T.1 M "'Kla e with a Past City witk a Fatare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 30, 2012 Re: SUBSTITUTE Ordinance 2635 -2012 A substitute has been prepared for Ordinance 2635 -2012 to correct the wording of the Ordinance. Modifications were made to the whereas's and the title to clarify the issue and correct word usage. The recommended changes to KMC 7.25.110 remain the same in the substitute ECI '.- N\ Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55 ENTITLED "PERSONNEL" INCLUDING, 23.50.010 ENTITLED, "EMPLOYEE CLASSIFICATION "; AND, 23.55 FISCAL YEAR 2013 OPERATING BUDGET SALARY SCHEDULE. WHEREAS, the position title of Personnel Officer is outdated and has been replaced with current terminology of Human Resource Director; and, WHEREAS, with the approval of the FY2013 Annual Budget, the Assistant to the City Manager will become a Human Resource Specialist with new human resource duties and continued Assistant to the City Manager responsibilities. The newly created Human Resource Specialist shall have a pay range of 15; and, WHEREAS, the class title and /or range of the Parks, Recreation & Beautification Department Laborer was created at Range 2.4; and, WHEREAS, the Fiscal Year (FY) 2013 Operating Budget Salary Schedule was established by adding a 3.60% cost of living increase to the FY2012 schedule as approved by the adoption of the FY2013 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC Chapter 23.55 entitled, "Personnel" is amended as follows: Section 1, Form: This is a Code Ordinance. Section 2. Amendment of Section 23 50 010(a) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.50.010(a), Employee Classification, is hereby amended as follows: CLASS CODE CLASS TITLE RANGE 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director' 24 105 Public Works Director* 23 106 Police Chief* 23 107 Fire Chief' 22 108 Public Works Manager 21 109 Senior Accountant 19 110 City Engineer 19 111 Code Enforcement Officer 17 112 Airport Manager* 20 New Text Underlined; (DELETED TEXT BRACKETED Ordinance No. 2636 -2012 Page 2 of 4 113 Land Manager 17 114 Deputy City Attorney 16 115 Dock Manager 13 202 (PERSONNEL OFFICER] Human Resource 7 116 Director 16 117 Planner 16 118 Information Technology (IT) Manager 18 119 Human Resource Specialist 15 Section 3. Amendment of Section 23 50 010(d) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.50.010(d), Employee Classification, is hereby amended as follows: New Text Underlined; (DELETED TEXT BRACKETED] (b) ADMINISTidATIVE SUPPORT CLASS CODE CLASS TITLE RANGE 201 Department Assistant i 3 202 Department Assistant II 7 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Administrative Assistant 1 9 208 Legal Administrative Assistant II 11 209 Legal Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III 10 212 Department Aide 1 213 Assistant to the City Manager 12 214 Library Assistant 6 215 Parks,. (and) Recreation & Beautification 6 Supervisor 216 Parks,. (and} Recreation & Beautification 9 Operator 217 Parks Recreation & Beautification Laborer 2_4 New Text Underlined; (DELETED TEXT BRACKETED] Ordinance No. 2636 -2012 Page 3 of 4 Section 4. Amendment of Section 23.55 of the Kenai Municipal Code entitled Fiscal Year 2012 Operating Budget Salary Schedule: The Kenai Municipal Code, Section 23.55 Fiscal Year 2013 Operating Budget Salary Schedule, is hereby amended as follows: tai &14". a rT a iiit �l it7�iiti�C<i cif► ►; Range A B C D E F AA BB CC Step 1 19,794 20,289 20,784 21,278 21,773 22,268 22,763 23,257 23,752 1.1 20,750 21,269 21,787 22,306 22,825 23,344. 23,863 24,383 24,902 2 22,097 22,649 23,202 23,754 24,307 24,860 25,412 25,964 26,516 2.1 23,272 23,855 24,436 25,017 25,600 26,181 26,763 27,344 27,926 2.2 24,620 25,235 25,851 26,466 27,081 27,695 28,311 28,925 29,539 2.3 25,851 26,497 27,143 27,791 28,437 29,084 29,730 30.378 31,025 2.4 30,209 30,964 31,719 32,473 33,229 33,983 34,738 35,492 36,247 2.5 34,192 35,047 35,902 36,756 37,611 38.466 39,320 4 0,1 75 41,029 3 34,421 35,280 36,140 37,001 37,861 38,719 39,579 40,439 41,299 4 36,141 37,045 37,950 38,853 39,758 40,662 41,565 42,469 43,373 5 37,951 38,901 39,850 40,799 41,749 42,698 43,647 44597 45,546 6 39,851 40,846 41,844 42,840 43,836 44,832 45,828 46,825 47,821 7 41,851 42,898 43,943 44,989 46,035 47,081 48,126 49,173 50,218 8 43,962 45,061 46,160 47,260 48,359 49,460 50,559 51,659 52,757 9 46,141 47,294 48,448 49,602 50,755 51,908 53,061 54,214 55,368 10 48,435 49,646 50,858 52,069 53,280 54,492 55,703 56.914 58,126 11 50,852 52,124 53,395 54,668 55,940 57.212 58,483 59,755 61,027 12 53,418 54,753 56,088 57,423 58,759 60,094 61,430 62,765 64,100 13 56,053 57,453 58,855 60,257 61,658 63,059 64,461 65,862 67,263 14 58,892 60,366 61,839 63,311 64,784 66,257 67,731 69,203 70,676 15 61,839 63,385 64,931 66,476 68,023 69,558 71,115 72,660 74,207 16 64,900 66,523 68,144 69,766 71,388 73,010 74,631 76,254 77,874 17 68,156. 69,862 71,565 73.269 74,974 76,679 78,383 80,087 81,792 18 71,564 73,352 75,141 76,929 78,717 80,507 82,295 84,084 85,873 19 75,125 77,003 78,881 80,759 82,638 84,515 86,393 88,271 90,150 20 78,915 80,888 82,861 84,835 86,809 88,781 90,754 92,727 94,701 21 82,864 84,935 87,006 89,077 91,148 93,219 95,290 97,361 99,432 22 86,957 89,131 91,306 93.479 95,654 97,828 100,003 102,178 104,351 23 91,318 93,602 95,884 98,167 100,451 102,734 105,017 107,300 109,583 24 96,007 98,407 100,807 103,207 105,608 108,008 110,409 112,809 115,209 Section 5. 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. New Text Underlined; (DELETED TEXT BRACKETED! W, Ordinance No. 2636 -2012 Page 4 of 4 Section 6. Effective date: Pursuant to KMC 1.15.070(f , this ordinance shall take effect one month after adoption. Pay rates and classifications will be applicable to all wages earned on or after July 1, 2012. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012. PAT PORTER, MAYOR ATTEST: Sandra, Modigh, City Clerk Approved by Finance: Introduced: May 16, 2012 Adopted: June 6, 2012 Effective: July 6, 2012 New Text Underlined; [DELETED TEXT RVI " "Village WA a Past, i% witk a Fuh4re ®, FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 1 FAX: 907 - 283 -3014 To: Rick Koch, City Manager Front: Terry Eubank, Finance Director Date: May 9, 2012 Re: Ordinance 2636 -2012 Ordinance 2636 -2012 codifies the changes to the personnel section of the Kenai Municipal Code that were adopted with the passage of the FYI City ofKenai Budget. Changes include: 1. Updating the title of the Persormel Officer to the more current title of Human Resource Director. 2. Creation of the Human Resource Specialist position with a pay range of 15. 3. Creation of a Parks, Recreation 8c 'Beautification Laborer position with a pay range of 2.4 4. Change the titles of Parks and Recreation positions to reflect the new department name of Parks. Recreation & Beautification. 5. Adoption of the FY13 Salary Schedule that incorporated a 3.6% Cost of Living Allowance (COLA) increase. The COLA increase has an estimated FY13 salary and benefit cost to the City of $253,698 for all funds. W Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $120,000 IN THE INFORMATION TECHNOLOGY CAPITAL PROJECT FUND FOR A VOICE OVER INTERNET PROTOCOL PHONE SYSTEM FOR WHICH FUNDING WAS PROVIDED AS PART OF THE FY2013 BUDGET. WHEREAS, as part of the FY2013 Budget, Council approved the transfer of $120,000 to the Information Technology Capital Project Fund for a Voice Over Internet Protocol (VOIP) phone system; and, WHEREAS, to complete the authorization to expend funds for this project, the project must be appropriated in the Information Technology Capital Project Fund; and, WHEREAS, once complete, the VOIP system will replace five existing phone systems, provide a higher level of service, and reduce annual communication costs of departments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Information Technology Capital Project Fund Increase Estimated Revenues: Transfer From Other Funds — General Fund $120,000 Increase Appropriations: Improvements $120,000 BE IT FURTHER ORDAINED, that this ordinance shall not be effective until July 1, 2012. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June 2011 , PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: May 1.6, 2012 2dn 4c?rz Adopted: June 6, 2012 . � Effective: July 1, 2012 New Text UnderlmM; [DELETED TEXT BRACKETED] IV illa�e Witt a PaSt, Ci ith a atual" FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 - 283 -3014 Re: Ordinance 2537 -2012 The purpose of this memo is to support adoption of Ordinance 2637 -2012 which will appropriate funds approved in the FY2013 Budget within the Information Technology Capital Project Fund for the installation of a Voice of Internet Protocol (VOIP) phone system for the City. The new VOIP system will provide greater phone system flexibility, replace at least five legacy phone systems, and reduce operating costs for the City in the future. This ordinance simply completes the appropriation process for the capital project and will allow the project to commence with the starting of the new fiscal year on July 1, 2013. . m To: Rick Koch, City Manager -"//From: Terry Eubank, Finance Director Date: May 9, 2012 Re: Ordinance 2537 -2012 The purpose of this memo is to support adoption of Ordinance 2637 -2012 which will appropriate funds approved in the FY2013 Budget within the Information Technology Capital Project Fund for the installation of a Voice of Internet Protocol (VOIP) phone system for the City. The new VOIP system will provide greater phone system flexibility, replace at least five legacy phone systems, and reduce operating costs for the City in the future. This ordinance simply completes the appropriation process for the capital project and will allow the project to commence with the starting of the new fiscal year on July 1, 2013. . m Suggested by: Administration th c yar CITY OF KENAI KENN ALASNA RESOLUTION NO. 2012 -26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO ALASKA ROADBUILDERS, INC. FOR THE PROJECT ENTITLED, "JAMES STREET PAVING) LID 2012" FOR THE TOTAL AMOUNT OF $167,479. WHEREAS, the following bids were received on May 8, 2012; and, WHEREAS, Alaska Roadbuilders, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Alaska Roadbuilders, Inc. for the total cost of $167,479; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled "James Street Paving LID 2012" be awarded to Alaska Roadbuilders, Inc. for the total amount of $167,479. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 2012. ATTEST: Corene Hall, Deputy City Cle. e: Approved by Financ° PAT PORTER, MAYOR BASF BID ADD ALT 1 BIDDER James Strut Spurview Parking TOTAL Paving LID Lot Improvements Alaska Roadbuilders, Inc $141,817 �- $26,662 $167,479 Foster Construction, Inc 1$146,856 i $29,1.43 $173,999 and, WHEREAS, Alaska Roadbuilders, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Alaska Roadbuilders, Inc. for the total cost of $167,479; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled "James Street Paving LID 2012" be awarded to Alaska Roadbuilders, Inc. for the total amount of $167,479. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 2012. ATTEST: Corene Hall, Deputy City Cle. e: Approved by Financ° PAT PORTER, MAYOR ®`V/llaye with a N5 t, C# wA a Future 11 210 Fidalgo Avenue; Kenai, Alaska 99611-7794 u �, s_..: Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 1992 \tea the eiilof /// MEMORANDUM KENAI, ALASKA v TO: Rick Koch, City Manager FROM: .. r , D _ [SATE: May 10, 2012 SUBJECT: AWARD OF CONTRACT; JAMES STREET PAVING LID 2012 Rick, On May 8th, 2012 at 200pm we received two bids for the above project. These bids have been reviewed and it was determined that Alaska Roadbuiiders, Inc. was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds will be available to award base bid and Additive Alternate 1 as listed below. Base Bid - James Street paving. Additive Alternate 1 — paving Spurview Drive Parking Lot. The attached Resolution 2012 -26 is recommending award of the contract to Alaska Roadbuilders, Inc for the total bid cost of 8167,479. W " "Wla e witti a Past C# wA a fiture" 210 Fidalcuo Avenue, Kenai, Alaska 9 961 1 -77 94 kAU&M.5 Telephone: 907- 283 -75351 FAX: 907- 283 -3014 1992 The purpose of this correspondence is to recommend approval of the award of a contract to Alaska Roadbuilders in the amount of $167, 479 for the above referenced project. The contract consists of the following two areas of work: James Street improvements in the amount of $141,817 Paving of the parking lot at the end of Spurview Drive, the scenic overlook near Vintage Pointe, in the amount of $25,662. The low bid for construction exceeds the estimated costs (Exhibit A) for the project. In the year since the cost estimate was accomplished, prices for asphalt and other construction materials have increased 10 % -20 %. 1 underestimated the number of culverts that would be required, and there is a natural gas utility relocation that was not known at the time the estimate was performed. The project estimate for construction and engineering was $106,894.48. The actual construction bid and engineering contract total $155,227, an increase of $48,335.52, or 45 %. The estimated assessments which were provided to the property owners (Exhibit B) were based on the project estimate. Administration recommends that The City increase its share of the LID by the amount over the estimates which were provided to the property owners. Based on the estimate, the City and the property owners share would each have been $53,447.24. Based on the construction bid and the engineering contract, and the Administrations recommendation, the City share is estimated to be (with a $10,000 contingency) $111,779.76, and the property owners share would remain $53,447.24. The funding is available though past and current State appropriations for road improvement projects. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. rX .• i r F ASSESSMENT METHODOLOGIES BASED ON ASPHALT SURFACED ROADWAY PROPERTY OWNERS SNARE (50 %) OF LID $ 53,447.24 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sf) Frontage (if) Estimated Assessment Based on Lot Size Estimated Assesment Eased on Front Footage Estimated Assessment Based on Equal Share 4513035 Srn th, Bennet C 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes" 6,612 49.52 $ 2,673.66 $ 2,700.75 $ 5,344.72 4513036 Smith, Bennet C 304 James St. Stenga Sub No 2 Lot 5 No 13,226 99.03 $ 5,348.12 $ 5,400.45 $ 5,344.72 4513044 McComsey, Mark S. 11i0 Kiana Ln Donkey Sub Lot 1 Yes* 6,575 47.38 $_ 2,658.69 $ 2,584.04 $ 5,344.72 4513049 English, Kenneth M. 1106 Kiana Ln — Ryan Sub Rik 1 Lot 1 Yes' 6,645 47.96 $ 2,687-00 $ 2,615.67 $ 5,344.72 4513067 Richmond, Bill 309 James St. Ryan Sub Richmond Be- plat Blk 1 Lot 2A No 26,300 197.00 $ 10,634.78 $ 10,744.10 $ 5,344.72 4513060 er, Aar Meyon T. 1107 Kaknu Way Ge minf Park Sub Lot 9 _ Yes* 3,7.00 55.00 $ 1,495.95 $ 2,999.62 $ _ 5,344.72 4513061 Juliussen, Eugene D & Bonnie H. _ 307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 11,895.99 $ 10,202.53 $ 5,344.72 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 5,349.33 $ 5,400.95 $ 5,344.72 45130411. Evans, Jack C R Patricia 1308 James St. Stock Sub Blk 1 Lot 4 No 13,230 99.00 $ 5,349.74 $ 5,399.32 $ 5,344.72 4513045 Palm, John R. 310 James St. Dunkiey Sub lot 2 No 13,240 99.00 $ 5,353.78 $ 5,399 -32 $ 5,344.72 132,176 F 979-9911 $ 53,447.04 $ 53,447.24 $ 53,447.20 * For properties with double frontage, lot size and frontage length has been reduced by one -half ASSESSMENT METHODOLOGIES BASED ON CRUSHED AGGREGATE SURFACED ROADWAY PROPERTY OWNERS SHARE (100 %) OF LID $ 77,924.00 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sf) frontage (if) Estimated Assessment Based an Lot Size Estimated Assesment Based on Front Footage Estimated Assessment Based on Equal Share 45_13035 Smith, Bennet C 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes* 6,612 49.52 $ 3,898.09 $ 3,937.59 $ 7,792.40 4513036 Smith, Bennet C. ___Ste 3041ames Stenga Sub Na 2 Lot 5 No 13,226 99.03 $ 7,797.35 $ _ 7,874.38 $ 7,792.40 45 13044 McComsey, Mark S. 1110 Kiana L. Dunkley Sub Lot Yes* 6,575 47.38 $ 3,876.27 $ 3,76743 $ _7,792.40 4513049 English, Kenneth M. 1106 Kiana Lo Ryan Sub Rik 7. Lot 1 Yes* 6,645 47.96 $ 3,917.54 $ 3,81154 $ 7,792.40 4513067 Richmond, Bill 309 James St- Ryan Sub Richmond Re- plat Elk 11 of 2A No 26,300 197.00 $ 15,505.09 $ 15,664 -47 $ 7,792.40 4513060 Meyer, Aaron 1. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes* 3,700 55.00 $ 2,181.03 $ 4,373.33 $ 7,792.40 4513061 Juliussen, Eugene D & Bonnie H. 307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 17,343.89 $ 14,874.89 $ 7,797.40 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 7,799.12 $ 7,874.38 _$ 7,792.40 4513041 Evans, Jack C. &Patricia L. 308Jam_e_s St, Stock Sub Blk l Lot 4 No J 99.00 $ _7,799.71 $ 7_871.99 $ 7,79240 4513045 _ Palm, John R. 37.0 James St Dunkley Sub Lott No _13,230 13,240 99.00 $ 7,805.61 $ 7,871.99 $� 7,792.40 132,176 1 979.9911 $ 77,923.71 5 77,924.00 1 $ 77,924.00 :� a • • • ,p:. y I Cast Item Description Unit Quantity Unit Cost Sub -Total Unclassified Excavation CY 2000 $ 8.00 $ 16,000.00 Classified Fill & Backfill Ton 2750 $ 10.00 $ 27,500.00 Crushed Aggregate Base Course Ton 250 $ 20.00 $ 5,000.00 Asphalt (2 ") Ton 225 $ 115.00 $ 25,875.00 Striping LF 1280 $ 0.50 $ 640.00 Signs LS 1 $ 500.00 $ 500.00 Driveway Approach EA 5 $ 750.00 $ 3,750.00 Survey LS 1 $ 7,500.00 $ 7,500.00 Sub -Total $ 86,765.00 Engineering @ 12% $ 10,411.80 Contingency @10% $ 9,717.68 Total Estimate $ 106,894.48 Cast Item Description Unit Quantity Unit Cost Sub -Total Unclassified Excavation CY 2000 $ 8.00 $ 16,000.00 Classified Fill & Backfill Ton 2750 $ 10.00 $ 27,500.00 Crushed Aggregate Base Course Tor. 400 $ 20.00 $ 8,000.00 Signs LS 1 $ 500.00 $ 500.00 Driveway Approach EA 5 $ 750.00 $ 3,750.00 Survey LS 1 $ 7,500.00 $ 7,500.00 Sub -Total $ 63,250.00 Engineering @ 12% $ 7,590.00 Contingency @10% $ 7,084.00 Total Estimate $ 77,924.00 Suggested by: Administration rt � fHecdyo/____ CITY 0?F° KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $15,000 WITHIN THE WATER DEPARTMENT TO PURCHASE A FORKLIFT. WHEREAS, the Water Department does not have any funds in the FY2012 Machinery and Equipment account; and, WHEREAS, a forklift is required to operate the new Water Treatment Facility; and, WHEREAS, there is sufficient funds in the Water Department Operating and Repairs Supplies account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: From: Water Department Operating and Repair Supplies $15,000 To: Water Department Machinery and Equipment $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance. PAT PORTER, MAYOR KK "Village with a Past, i✓it wA a Future`> 210 Fidalgo Avenue, Kenai, Alaska 99611- 77941�aw Telephone: (907) 283 -7535, Ext. 236 /FAX: (907) 283 -3014 K ➢992 DATE: May 29, 2012 SUBJECT: Resolution 2012 -27 Transferring Funds in the Water Department Budget to Purchase a Forklift for the Water Treatment Facility Rick, The new Water Treatment Facility will require a forklift to move 330 gallon totes of chemicals from outside the building to various locations inside the facility. The chlorine totes will be required to rest on 3 foot high secondary containment, thereby eliminating the possibility of using a pallet jack. The 2012 budget does not have funds appropriated to the Water department's Machinery and Equipment account. This resolution transfers $15,000 from the Operating and Repair Supplies to the Machinery and Equipment fund for purchase of a forklift. KU Suggested by: Administration the ufy n/ KEF€gv SKA CITY OF KENAI RESOLUTION NO. 2012 -28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2011 WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2013 Annual Budget," which estimates property tax revenue based upon a tax rate of 3.85 mills. NOW", THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2012 and ending June 30, 2013 be fixed at 3.85 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012, ATTEST: Sandra'Modigh, City Clerk Approved by Finance: �= PAT PORTER, MAYOR W "Villa e witk a Past, Cii witk a fit tare FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 1 FAX: 907 -283 -3014 To: Rick Koch, City Manager /From: "Terry Eubank,Fmanee Director Date: May 8, 2012 Re: Resolution 2012 -28 Resolution 2012 -28 will establish the rate of levy of property tax for 2012, The proposed rate of levy is 3.85 and will result in $385 in taxes being paid for each $100,000 of assessed property value. The rate is unchanged from tax year 2011 and will generate the necessary property taxes to support the proposed FYI 3 budget, go r '* Suggested by: Administration CPT'Y OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES FOR CHANGES ADOPTED DURING THE FY2013 BUDGET PROCESS TO INCLUDE INCREASING CAMPING AND PARKING FEES ASSOCIATED WITH THE PERSONAL USE FISHERY ON THE CITY'S NORTH AND SOUTH BEACHES AND FEES FOR WATER AND SEWER SERVICE. WHEREAS, as part of the FY2013 Budget process it was budgeted for fees associated . with the parking on the City's North and South Beach during the State imposed, Personal Use Fishery to be increased from $15.00 per twelve -hour period to $20.00; and. WHEREAS, the additional funding will support City services utilized during operations of the fishery; and, WHEREAS, in 2011 the City commissioned a Water and Sewer Rate Study to study the City's water & sewer rate structure and to determine recommend any changes to that structure to ensure the utility can continue to operate and provide the necessary funding to maintain its infrastructure; and, WHEREAS, the Water and Sewer Rate Study determined that current rates are insufficient to support operations of the fund and provide funding for infrastructure maintenance and expansion; and, WHEREAS the Water and Sewer Rate Study recommended annual increases in water and sewer rates to ensure the financial stability of the fund; and, WHEREAS, the FY2013 Budget included rate increases recommended by the study. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Parks and Recreation Fees" section to: PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) $125.00 Ice Rink Pass Family pass $45.00 Adult pass $30,00 Youth pass $20.00 Public Slate $1.00 Picnic Shelter /Gazebo Reservation New Text Underlined; fDRI ETED TEXT BRACKETED M Resolution No. 2012 -29 Page 2 of 6 Picnic Shelter (Refundable deposit $50.00 $15.00 Gazebo (Refundable deposit $200.00) $20.00 Community Garden Plot (each) X120.00 Adopt -A -Bench (Includes bench, shipping, installation and maintenance) $450.00 North & South Beach Parking (Personal Use Fishery Season) per twelve (12) hour period [$15.00; $20.00 North & South Beach Overnight Camping (Personal Use Fishery Season) [$15.00] 520M BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Water Fees" section to: APX - Public Utility Regulations and Rates 1. Schedule A - General Domestic Service Rates (non - metered) -one or two family residence, per family unit ($ 14.061 X22.78 - single or double unit apartment, per family unit [ $ 14.06 ] w 22.78 - apartment, 3 or more units under one roof, per family unit - single bill assumed by owner [ $ 10.59 1 $ 23.10 17.16 - separate bill ( $ 14.061 $ 22.78 - trailers, one or two on single lot, each [ $ 14.061 $ 22.78 - trailer, 3 or more on single lot -3.00 inch service [ $ 81.46 j $ 131.97 - single billing $ 10.591 $ 197.95 17.16 - separate billing [ $ 14.06 ] , 22.78 - boarding houses, per available room [ $ 3.74) 5 6.06 2. Schedule B - Commercial service (non - metered) - demand -1.00 inch service $ 14.26 $ 23.10 -1.25 inch service [ $ 21.73) 35,20 -7..50 inch service ( $ 35.981 $ 58.29 -2.00 inch service $ 54.301 87.97 -3.00 inch service [ $ 81.46 j $ 131.97 - larger than 3.00 inch service [ $ 12119 ] $ 197.95 -use charge - bakery [ $ 41.41 ] $ 67.08 -bath house, tub or shower, each [ $ 9.511 $ 15,4] . - bottling works, per bottling machine [ $ 327.19 j ' 530.05 - bowling alleys, amusement parks, doctor ( $ 39.37 j $ 63.78 -car lot, with car wash facilities [ $ 19.691 $ 31.90 -car wash, automatic, per facility [ $ 176.49 1 $ 285.91 New Teat Underlined; [DELETED TIE<- BRACKETED] Resolution No. 2012 -29 Page 3 of 6 -car wash, self - service, per stall [ $ 26.471 _$i 42,88 - churches, lodges, clubs, banquet rooms, per seat [ $ 0.151 $ 0.24 - cleaners and commercial laundries, per facility [ $ 113.36 ] $ 183.64 - dairies, installation of water meter required ( $ 89.61 ] 145.17 - day care center/ preschool, per child, maximum ( $ 59.73) $ 96.76 capacity [ $ 0.571 $ 0.92 - doctor and dentist offices, per room or chair $ 8.49 ] 13.75 - garage, service stations [ $ 16.97 ] 27.49 - recreational vehicle dump facility May - September) $ 19.69 ] $ 31.90 - hangar, airplane repair [ $ 16.971 27.49 -with washing facilities [ $ 19.68 j 31.88 - hospital, per bed ( $ 11.21 ] $ 18.16 - hotel, motel, resort, per room r $ 8.821 14.29 - laundry, self service, per machine [ $ 15.961 25.86 - markets, meat f $ 2133 ] $ 35.20 - office building single bill assumed by owner, per business $ 19.00 ] 30.78 - office building, tenants are billed, per business [ $ 21.73 ] 35.20 - restaurants, cafes, taverns, bars, per seat [ $ 1.22 ] 1.98 - public office building, per restroom [ $ 4-891 $__ 7.92 - recreation facility, per restroom, sauna, shower ( $ 9.51. ] $ 15.41 -TV/ camper park, per space [ $ 9.51) 15.41 - schools, per seating capacity ($ 0.57 j 0.92 - shopping center $ 9.851 $ 1.5.96 - shops, beauty, per station or chair [ $ 9.85 ] 15.96 - shops, misc. (includes barber), per shop ( $ 9.851 $ 15.96 - sleeping room, per room [ $ 339 ] 6.06 - studio, photo or photo lab [ $ 46.50) 75.33 - supermarket [ $ 111,67) 180.91 - theater, indoor, per seat $ 0.07 ] $ O1l - theater, outdoor, per seat [ $ 0.071 - 0.11 - taverns, lounges, bars (without kitchens), per seat [ $ 1.16 ] $ 1.88 -xray or lab office ( $ 27.84 ] $ 45.10 3. Schedule C - Industrial Service (non - metered) - concrete mixing plant { $ 179,201 $ 290.30 - concrete products ( $ 89.61 ] 145.17 - confectioner ( $ 59.73) $ 96.76 - greenhouse, commercial It $ 59.731 $ 96.76 -ice cream plant [ $ 89.61 ] $ 145.1.7 -cold storage plant or locker 1 $ 42.09 ] $ 68.19 New Text Undeehned,, (DELETED TEXT BRACKETED] M Resolution No. 2012 -29 Page 4 of 6 4. Schedule D - Fire Protection None 5. Schedule E - Metered Service - general usage, per thousand gallons [ $ 136 ] $ 2.20 - hydrant use, per thousand gallons [ $ 2.04 ] 3.30 - minimum monthly charge, general usage [ $ 20.35 ] $ 33.00 6. Schedule F - Permit fee $ 204.00 Note: All Water Fees are sUUect to a 2 %discount for nayment by means other than credit card. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Sewer Fees" section to: APX - Public Utility Regulations and Rates -1.00 inch service $ 41.55 ] 1. Schedule -1 -25 inch service $ 61.62) 67.78 -1.50 inch service A - General Domestic Service Rates (non - metered) $ 115.07 -2.00 inch service $ 156.20 ] 171.82 -one or two family residence, per family unit [ $ 41,161 5 45.28 - single or double unit apartment, per family unit [ $ 41.161 -$--±5.28 - bakery - apartment, 3 or more units under one roof, per family 8 132,41 unit - single bill assumed by owner ( $ 30.95 j $ 34.05 - separate bill [ $ 41.16 $ 45.28 - trailers, one or two on single lot, each j $ 41.16 ] 45.28 - trailer, 3 or more on single lot - single billing ( $ 30,951 8 34.05 - separate billing [ $ 41.16 $ 45.28 - 'boarding houses, per available room I' $ 11.11 ] 12.22 2. Schedule B - Commercial service (non - metered) - demand -1.00 inch service $ 41.55 ] $ 45,71 -1 -25 inch service $ 61.62) 67.78 -1.50 inch service [ $ 1.04.61 ] $ 115.07 -2.00 inch service $ 156.20 ] 171.82 3.00 inch service ; $ 236.45 ] x_269.10 - larger than 3.00 inch service [ $ 355.39 ] L390.93 -use charge - bakery [ $ 120.37 J 8 132,41 New Text Underlined; [DELGPED'CEXT BRACKETED) 2 Resolution No. 2012 -29 Page 5 of 6 -bath house, tub or shower, each ( $ 27.22 1 29.94 - Bottling works, per bottling machine [ $ 954.39 ] $1,049.83 - bowling alleys, amusement parks, doctor [ $ 115.36 ] ' 126.90`` -car lot, with car wash facilities [ $ 57.32 j $ 63.05 -car wash, automatic, per facility [ $ 513.02 2 -car wash, self- service, per stall . [ $. 76.66 J 8 84.33 - churches, lodges, clubs, banquet rooms, per seat [ $ 0.44 j $ 0.48 - cleaners and commercial laundries, per facility [ $ 329.59 - dairies, installation of water meter required -day care center/ preschool, per child, maximum capacity [ $ 1.651 1 -82 - doctor and dentist offices, per room or chair ( $ 24.72 ] $ 27 L9 - garage, service stations $ 50.15 j $ 55.17 - recreational vehicle dump facility May - September) [ $ 57,321 X3.05 - hangar, airplane repair [ $ 49.80 ] 54.78 -with washing facilities [ $ 57.321 63.05 - hospital, per bed ($ 32.961 36.26 - hotel, motel, resort, per room ( $ 25.44 j 27.98 - laundry, self service, per machine $ 46.22 ] 50.84 - markets, meat [ $ 63-061 1_69.37 - office building single bill assumed by owner, per business ( $ 54.461 SS 59191 - office building, tenants are billed, per business [ $ 63.06 j $ 69.37 - restaurants, cafes, taverns, bars, per seat [ $ 3.661 $ 4.03 -public office building, per restroom [ $ 11.331 $ 15.76 - recreation facility, per restroom, sauna, shower ( $ 27,581 $ 30.34 -ry /camper park, per space $ 27.58 ] 30,36 - schools, per seating capacity [ $ 1.651 $ 1.82 - shopping center $ 28.66 ] $ 31.53 - shops, beauty, per station or chair ( $ 28.661 8 31.53 - shops, misc. (includes barber), per shop [ $ 28.661 $ 31.53 - sleeping room, per room [ $ 11.111 1.2.22 - studio, photo or photo lab $ 136.141 -E-1±9_75 - supermarket $ 325.30 ] $ 357.83 - theater, indoor, per seat [ $ 0.191 $ 0.21 - theater, outdoor, per seat $ 0.19 ] U.2_ti - taverns, lounges, bass (without kitchens), per seat [ $ 3 -441 $ 3.78 -,Tray or lab office $ 80.97 j $ 89.07 3. Schedule C . industrial Service (non - metered) - concrete mixing plant $ 523.061 $ 575.37 New'IexL Underlined; (DELETED TEXT M Resolution No. 2012 -29 Page 6 of 6 - concrete products [ $ 260.811 $ 286.89_ - confectioner S 173.40 ] S '..90.74 - greenhouse, commercial ( S 173.40 ] $ 190,74 -ice cream plant [ $ 260.81 j S 286.89 -cold storage plant or locker [ S 1'21..81 j 1133.99 4. Schedule D - Fire Protection None 5. Schedule E - Metered Service - general usage, per thousand gallons $ d.03 1 $ 4.49 - hydrant use, per thousand gallons - minimum monthly charge, general usage [ $ 6L20 ] S 67.35 6. Schedule F - Permit fee $ 201.00 Note: All Sewer Fees are sa%ject to a 2% discount for oavment by means other -than credit card, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Resolution shall be effective on July 1, 2012, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012, PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: New Text Underlined; [DELETED TEXT BRACYETEDJ T r ��I To: Rick Koch, City Manager "Village with a Past, City wick a Fature /o 7.1, From: Terry Eubank, Finance Director Date: May 29, 2012 FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907- 283 -3014 Re: Resolution 2012 -29 - Increase of parking and eanlping fees on the City's North and South Beaches during the Personal Use Dipnet Fishery. The purpose of this metro is to provide information related to the increase of parting and camping fees associated with the Personal Use Dipnet Fishery on the City's North and South beaches, The proposed F Y2013 Budget included a proposal to increase parking and camping Pees from $15.00 to x20.00 for a twelve hour parking period and from $15.00 to 520.00 for overnight camping. The following analysis is based upon 2011 data from the fishery: 2011 Revenue 2011 North Beach Revenue 2011 South Beach Revenue Total. $141,350 96,400 $237,750 2032 Estimated Revenue at proposed rates and 901/o 2011 participant level. North Beach $170,000 South Beach 115,300 Total $285,300 Additional Revenue From increased fees: ?forth Beach $28,650 South Beach 18,9900 Total $47,550 Increase Fees Maid by City Residents (3% of total participants). North Beach $860 South Beach 560 Total $1,420 Increased Fees Paid by Rorouah Residents (4% of total participants). North Beach $1,150 South Beach 760 Total $1,91.0 M Estimating 2012 participant levels at 90% of 2011 participant levels and applying the increased fees will yield an estimated $47,550 in additional revenue. The most recent City survey of participants showed 3% of the users on the North and South beaches were City residents, indicating that $1,420 of the additional review will be paid by City residents. The same survey showed 4% of the users on the North and Sound beaches were Kenai Peninsula Borough (not counting City of Kenai residents) residents, indicating that $1,910 of the additional revenue will be paid by Borough residents. It is estimated that $44,220 of the increased fees will be paid by non -City and non - Borough residents. No data is available to estimate the percentage of parking versus camping fees paid on the beaches. M "Villa e Laity a Past; C# wdk a Fatua FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 29, 2012 ??e: Resolution 2012 -29 The City's consultant, CH2Mlfill completed a water and sewer rate study for the City in 2011. The study concluded a schedule of rate increases is needed that based upon current operating costs and capital needs of the Water and Sewer Fund. The FY2013 Budget includes the first: two increase recommended for the fund. Increasing rates will ensure the City has operating reserves sufficient to maintain and operate the utility for its customers as well as provide matching (ands for replacement and upgrades to the utilities infrastructure. The combined rate for single family water and sewer service will increase from $57.38 to $70.70 for customers paying by meats other than credit card. M t tHc city e f KENAI,ALA SKA Suggested by: Administration • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING • BUDGET TRANSFER WITHIN THE GENERAL FUND - FOR THE PURCHASE OF RADIOS AND ACCESSORIES FOR THE COMMUNICATION NEEDS OF THE STREETS DEPARTMENT, WHEREAS, a reviewed the Street Department's communication needs has determined radios to be a better tool to meet the departments needs over cell phones that are currently being used; and, WHEREAS, radios will provide instantaneous communication for Street personnel when operating heavy equipment in close proximity to each other, a feature not available with cell phones; and, WHEREAS, sufficient contingency funds are available to for this unbudgeted purchase; and, WHEREAS, providing communication tools that help to create a safe work environment for its employees is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - From: Non- Departinenta] - General Contingency 815,000 To: Streets - Small Tools / Minor Equipment $ 15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012, ATTEST: Sandra Modigh, City Clerk Approved by Finance. PAT PORTER, MAYOR FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 `I °o: Rick Poch; City Manager PFrom: Terry Eubank, Finance Director / Date: May 29, 2012 Re: Resolution 2012-30 The Finance Department has worked with the City's department heads to identify and document the communication needs for each department's employees. Recent changes in Federal Communication Commission (FCC) rules prompted this project. Many City radios will no longer meet FCC standards and must be replaced or an alternate communication method identified. Cell phones have replaced radios in most applications but were not an acceptable solution for the Streets Department because of the need for instantaneous communication when operating heavy equipment in close proximity. The City has inquired and has been granted an exclusive channel for the Street Department on the State's ALMR radios system. This system provides the most extensive coverage throughout the City and is FCC compliant. The cost of purchasing these radios and accessories is just under $15,000 and these funds are available in the City Manager's General Contingency account to transfer for this purchase. Ed Suggested by: Administration • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZI_NG • BUDGED TRANSFER WITHIN THE GENERAL FUND - FOR EXTERNAL LEGAL ASSISTANCE RELATED TO LAND ISSUES. WHEREAS, the City has retained outside legal counsel for assistance with land issues related to the Cook Inlet Natural Gas Storage Alaska Facility; and, WHEREAS, current budget is insufficient and an additional $35,000 is needed for services through June 30, 2012; and, WHEREAS, sufficient contingency funds are available for this unbudgeted expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - From: Non - Departmental - General Contingency $35,000 To: City Manager - Professional Services $35,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: M PAT PORTER, MAYOR "Village with a Fast C# with a Future FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 29, 2012 Re: Resolution 2012 -31. At your request 1 have prepared Resolution 2012 -31 to provide additional 'hording for outside legal services in connection with land issues regarding Cook Inlet Natural Gas Storage Alaska. The resolution will provide an additional $35,000 for these services in you department's professional services account. Through April 307 2012 the City has been invoiced $94,$69.57 for legal services associated this issue and expects additional activity in May and June. $35,000 should be sufficient for May and June and an additional $40,000 was included in the FY2013 Budget for services after June 30. ,7_ Ear ciy f // KEWA 3KW Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $10,000 WITHIN THE POLICE DEPARTMENT BUDGET FOR FUEL COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Police - Operating & Repair Supplies account, which is used for the purchase of vehicle fuel; has a balance of less than $1,000 and is not sufficient to purchase fuel for the remainder of the fiscal year; and, WHEREAS, the Police Department budgeted FY12 fuel costs of $43,500, and for the first ten months of FY12 the Department has already expended $42,548.93; and, WHEREAS, unexpended funds are available in the Department's Professional Services - $5000, Repair and 'Maintenance - $3,300, and Machinery and Equipment - $1,700 accounts to meet the departments need for the remainder of the fiscal year; and, WHEREAS, the budget transfer of $10,000 will adequately cover fuel expenditures for the last two months of FY12. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made; General Fund - Police Department From: Professional Services $ 5,000 Repair & Maintenance 3,300 Machinery & Equipment 1.700 $10,000 To: Operating & Repair Supplies $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Gtr day of June, 2012, ATTEST: Sandra Modigh, City Clerk Approved by Finance: 9E PAT PORTER, MAYOR "Villaaye with a Fast, C# wdk a Fa tare Kenai Police Departments ' 107 S. Willow St., Kenai, Alaska 99611 r Telephone: 907 -283 -7879 / FAX: 907- 283 -2267 1992 the bay 0 KENAI, ALASKA tt TO: Rick Koch — City Manager t FROM: Gus Sandahl — Police Chief HATE: 41121112 SUBJECT: Budget Transfer into Police Operating At the time of this memo, the Police Operating & Repair Supplies Account is depleted to less than $1,000. For the :first ten months of FY12, the department has fuel expenditures of $42,548.93. The Police Department budgeted $43,500 for all of FYI 2. A budget transfer of $10,000 is needed to adequately pay the remaining fuel costs for FY12 (May, June). Fortunatelv, the following Police accounts have a surplus and can replenish the depleted operating account (Machinery and Equipment, Professional Services, Repair and Maintenance). I am requesting a resolution authorizing the budget transfer of $10,000 into the Police operating account as follows: $5,000 Professional Services, $3,300 Repair and Maintenance, $1;700 Machinery and Equipment. W Vice Mayor Marquis called the meeting to order at approximately 7:00 p.m. Rog Vice Mayor Marquis led those assembled in the Pledge of Allegiance. tF1iT-11;! There were present Ryan Marquis, Vice Mayor Mike Boyle Terry Bookey Robert Molloy Tim Navarre Brian Gabriel comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Corene Hall, Deputy City Clerk , � MOTION- Council Member Molloy MOVED to approve the agenda as presented and .requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. x .; s •' Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments regarding the consent agenda. W, CITY COUNCIL MEETING MAY 16, 2012 PAGE 2 There were no objections. SO ORDERED *'AII 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. � • v D. PUBLIC HEARINGS 1. Ordinance No. 2630 -2012 -- Increasing Estimated Revenues and Appropriations in the General Fund for Professional Services Observing and Monitoring Three Dimensional Seismic Surveying Being Conducted on City Property and in City Right-Of-Ways. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2630 -2012 and Council Member Navarre SECONDED the motion. Vice Mayor Marquis opened the meeting to public comments. There being no one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2012-25 -- Amending Its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents. 17UTilifflu Council Member Gabriel MOVED to approve Resolution No. 2012 -25 and requested UNANIMOUS CONSENT, Council Member Molloy SECONDED the motion. Vice Mayor Marquis opened the meeting to public comments. There being no one wishing to speak, the public hearing was closed. Council Member Navarre requested clarification on the increase. City Manager Koch noted the increase would be ten percent per year until the rates met market value. VOTE: MOTION t • UNANL1,101SIX. W CITY COUNCIL MEETING MAY 16, 2012 PAGE 3 E. MINUTES Approved by consent agenda. Approved by consent agenda. Approved by consent agenda. F. UN INUSHED BUSINESS - None 1. Action /Approval -- Bills to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. 2. Action /Approval -- Purchase Orders Exceeding $15,000 Council Member Navarre MOVED to approve the purchase orders exceeding $15,000. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 3. *Ordinance No. 2651 -2012 -- increasing Estimated Revenues and Appropriations by $894 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. Introduced by approval of the consent agenda. 4. *Ordinance No. 2632 -2012 -- Increasing Estimated Revenues and Appropriations by $1,505.92 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of the consent agenda. PER CITY COUNCIL MEETING MAY 16, 2012 PAGE 4 5. *Ordinance No. 2633 -2011 -- Increasing Estimated. Revenues and Appropriations by $7,352.43 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Introduced by approval of the consent agenda. 6. *Ordinance No. 2634 -2012 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. Introduced by approval of the consent agenda. 7. *Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to the Purchase of Significant Equipment on a Predetermined Replacement Schedule. Introduced by approval of the consent agenda. 8. *Ordinance No. 2636 - 2012 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel' Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2013 Operating Budget Salary Schedule. Introduced by approval of the consent agenda. 9. * Ordinance No. 2637-2012 -- Increasing Estimated Revenues and Appropriations by $120,000 in the Information Technology Capital Project Fund for a Voice over Internet Protocol Phone System for Which Funding was Provided as Part of the FY2013 Budget. Introduced by approval of the consent agenda. 10. Action. /Approval -- Vacate that portion of the 66 -foot section line easement lying west of the mean high water line of the Kenai River and east of Government Lot 13 of Section 17, Township 5 North, Range 11 West, S.M., AND vacate the east portion of the 33 -foot section line easement lying north of said Government Lot 13 (179 feet more or less), all lying within Tract A of the Kenai Landing Cottages Subdivision (Plat KN 2005 -29) and within Sections 8 and 17, Township 5 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai, Alaska; and the Kenai Peninsula Borough; KPB File 2012 -020. Approved by consent agenda. I .; s s alowtigm 1. Council on Aging -- Marquis reviewed the May 10 meeting. 92 CITY COUNCIL MEETING MAY 16, 2012 PAGE 5 2. Airport Commission. -- Gabriel reviewed the May 10 meeting. 3. Harbor Commission -- Molloy reviewed the May 7 meeting. 4. Library Commission -- Boyle noted on May 23, there would be a start up event for the OWL project with Senator Murkowski reading to children from her office in Washington, D.C. 6. Parks and Recreation Commission no report. 6. Planning and Zoning Commission -- Navarre reported Mayor Porter attended for him. 7. Beautification Committee -- no report. I. REPORT OF ZHE MAYOR Vice Mayor Marquis noted Mayor Porter had attended the BP Teacher of Excellence dinner, participated in the Wal -Mart Food Bank fundraiser, and noted there would be a Memorial Day celebration. Marquis set a special meeting for May 23 at 5:30 p.m. to discuss the City Attorney contract. J. ADMINISTRATION REPORTS 1. City Manager -- City Manager Koch thanked Gabriel for lobbying in Juneau regarding the budget and gave an update on the new well. 2. City Attorney -- No report. 3. City Clerk -- Deputy City Clerk Hall reported she would be out of the office from May 17 through May 24 and Christine Cunningham would be temporary Deputy City Clerk in her absence. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments -- None, 2. Council Comments Gabriel reported on the upcoming Birding Festival. Daly reported on events at Kenai Central High School, including graduation on May 22 and a community jazz dance on May 26, 2012. CITY COUNCIL MEETING MAY 16, 2012 PAGE 6 Molloy presented council members with tickets to the Birding Festival speaker event. L. EXECUTIVE SESSION -- None. M. 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 I (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. [Clerk's Note: At its November 16, 2011 meeting, 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.] There being no further business before the Council, the meeting was adjourned at approximately 7:43 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Mayor Porter called the meeting to order at approximately 5:30 p.m. 8. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. Z. 'moll Call There were present: Pat Porter, Mayor Ryan Marquis, Vice -Mayor Terry Bookey Robert Molloy Tim Navarre Brian Gabriel Mike Boyle Comprising a quorum of the Council. Also in attendance was: Nancy Carver, Planning & Zoning Assistant Council Member Marquis &%OPTED to approve the agenda as presented and requested iTNA141MOUS OONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. p' • k r Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person -- City Attorney Contract. City of Kenai Meeting Page 1 of 2 May 23, 2012 6V MOTION: Council Member Marquis MOVED to convene into Executive Session and Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 5 :37 P.N. RACK TOO ER: 5:49 P.M. Council Member Molloy reported the Council met in Executive Session and agreed to continue the Executive Session at the June 20, 2012 Council meeting. Council Member Gabriel requested a time frame. Council Member Molloy indicated his intent was to hold the Executive Session following the June 20, 2012 Council meeting. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 6:55 p.m. Minutes prepared and submitted by: Nancy Caner, Planning &, Zoning Assistant City of Kenai Meeting May 23, 2012 +ti m- PAYMENTS OVER $15,000,00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JUNE 6, 2012 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 401 PLAN ICMA 401 PLAN VARIOUS LIABILITY ICMA 457 PLAN ICMA 457 PLAN VARIOUS LIABILITY 25,218 52 PERS MAY PERS VARIOUS LIABILITY 170,908.61 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 17,761.81 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 94,569,18 VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect, Inf. PIPER JAFFR•Y LIS GOVT SECURITY 5i23/2014 246,00000 0.60% PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JUNE 6, 2092 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KRAXBERGER DRIt LING REW0RK%rVELL#I WATER REPAIR & MAINTENANCE 18,282,50 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O # - DEPT, REASON AMOUNT TOTAL_ POAMT I �Li77:1tI:7T."'IC78 Date: May 24, 2012 Subject: Reddi Towing & Salvage, LLC — Request to Renew Special Use Permit for Lot 4, Block 5, Cook Inlet Industrial Charlie Rediske, owner of Reddi Towing & Salvage, LLC is requesting a Special Use permit to continue using the above mentioned area as an impound lot. Mr. Rediske has continually leased this lot since August 15, 2007, The Special Use Permit will be a one - year term with a permit fee of $400 per month based on 8% of the fair market value. Mr. Rediski is current in all obligations to the City, conforms to the terms of the permit, and his insurance company is rated A- or better by A.M. Best. Attached for review and approval is a Special Use Permit for the period June 1, 2012 to May 31, 2013. Please contact me if you have any questions. Attachments www.d.kenai.ak.us. 29 SPECIAL USE PERMIT THE C'IT'Y OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to REIJIII TOWING & SALVAGE, L,LC ('PBRM[TI'EE), whose address is P.O. Box 7079, Nikiski, AK 99635, the non - exclusive right to use that area described below: Lot 4, Block 5, Cools Inlet Industrial Park and adjacent 50' wide right -of -way, according to Plat No. 1448 (the Premises), and as further shown in the attached Exhibit A 1. TERM. This special use permit shall commence on the I" day of June, 20I2, and shall extend to and through the i I" day of May, 2013. 2. PERMIT FEES. The Permittee shall be charged a permit fee of $400.00 plus applicable sales tax per month this Permit is in effect. Permittee shall pay the City the monthly fee on or before the first day of each month beginning June 1, 2012. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 hidalgo Avenue, Kenai, Alaska 99611 on or before the first of each month. In addition to the permit fee specified above, Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: a) Sales tax now enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; b) All necessary licenses and permits, pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax Ievying body, upon any taxable possessory right which Lessee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided for by law. Special Use Permit —Reddi Towing & Salvage, LLC Page 1 of 6 M. c) Interest at the rate of eight percent (8 %) per annum and penalties of ten percent (1.0 %) of any amount of money owed under this Special Use Permit, which money or fee not paid on or before the date it becomes due. d) Costs and expenses incident to this Special Use Permit including, but not limited to, recording costs. 3. USE. The use of the Premises by Permittee is limited to the purposes specified herein. This use is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the followirng conditions: a) Permittee shall maintain the fence on the Premises in good repair. Any fence repair and /or maintenance shall be completed from inside the fence. b) Permittee shall use the Premises only for the storage of impounded vehicles (no wrecked or junk vehicles). 4. INSURANCE. Permittee shall, throughout the term of this Permit, and at its own expense, secure and keep in force adequate insurance, as stated below, to protect the City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. a) Garage liability that includes bodily injury and property damage with a combined single limit of $1,000,000 and an aggregate limit of $2,000,000; also including automobile liability insurance covering all owned, hired, and non -owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. b) Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045, and, further, Permittee is responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. All insurance required must meet the following additional requirements: a) For garage liability insurance, name the City as an additional insured. b) Provide the City with notification at least 30 days before any termination, Special Use Pennnit Reddi Towing & Salvage, LLC Page 2 of 6 M] cancellation, or material change in insurance coverage of any policy required hereunder. c) All policies will be by a company /corporation currently rated "A-"or better by A.M. Best. Evidence of Insurance Coverage: a) Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. b) Evidence of insurance coverage must be submitted to the City by June 1, 2011 The effective date of the insurance shall be no later than June 1, 2012. The indemnification, hold harmless, and insurance coverage requirements stated herein do not relieve the Permittee of any other obligation under this Permit. The City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. The City will base any increase or revision on reasonable and justiflable grounds. Within two weeks of the written demand, the Permittee will submit to the City evidence of insurance coverage that meets the requirements of the City. 5. INDEMNITY, DEFEND, AND []OLD HARMLESS AGREEMENT. Permittee agrees to hilly indemnify, defend, and save harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and /or costs reasonably .incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or emission or willful misconduct of the Permittee in connection with its use of the Premises. This shall be a continuing release and shall rernain in effect after termination of this Special Use Permit. 6. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens including, but not limited to, mechanics', laborers', material men's, or mining liens or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or Special Use Permit —Reddi Towing & Salvage, LLC Page 3 of 6 22 material furnished to Permittee or to any related entity or claimed to have been furnished to .Permittee or to the Periittee's agents, contractors, or related entities, in connection with materials supplied to Permittee for its activities on the Premises and/or in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Permittee. Provided, however, the Permittee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien„ the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee's own expense. i. PERSONALITY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and /or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. S. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and /or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 9. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with six (6) months' written notice by ,Permittee or the City. 10. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole or any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this Permit which an assignee fails to perform. Special Use Permit-- 'Reddi Towing & Salvage, LLC Page 4 of 6 ;.:. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assurne all risks incurred in its use of the Premises. 13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 14. SURVIVAL The obligations and duties of Permittee under paragraphs 5 and 6 of this permit shall survive the cancellation, termination or expiration of this permit. 15. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the company to bind the company hereunder. CITY OF KENAI By" Rick R. Koch City Manager REDDI'TOWING & SALVAGE LLC 0 Charles Rediske Member Special Use Permit —Reddi Towing & Salvage, LLC Page 5 of 6 E STATE OF ALASKA ) } SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of —__ - , 2011 RICK R. 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, the foregoing instrument was acknowledged before me by CHARLES REDISKE, Member of Reddi Towing & Salvage, LLC, and Alaska limited liability company, on behalf of the Company. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Stearns City Attorney L:\Ai rport\ AgreementsAeddiTowingT \Reddi Towing. SUP0511 I2 Special Use Permit —Reddi Towing LZ Salvage, LLC M Page b of 6 f;:. r '..f r ..I �, a' y . as oe,.O •s i.. municipal A'irp�rt. 11 Yf"' "\To: Rick R. Koch — City Manager ii From: Mary L. Bondurant - Airport Manager Date: May 2% 2012 Subject: Concession Agreement with Artworks Alaska. Attached is a draft concession agreement for review and approval at the .Tune 6; 2012, Council meeting. Ms. Sunny Swan Gease, dfb /a Artworks Alaska, is requesting to lease 115 square feet of terminal space for a fine arts gallery and cultural information center. The term is for five years and Artworks Alaska will pay the square footage lease rate plus a percentage of gross sales. Airport Commission recommended entering into an agreement at their May 10, 2012 meeting. The attached draft concession agreement has been reviewed and approved to form by the City Attcrnev. 1 recommend entering into a five year concession agreement with Ms. Swan Gease. If you have any questions, please contact me. Attaclunents www.cl.kenai.ak.us. W THIS AGREEMENT is made this _ day of , 2012, between the City of Kenai (City), whose address is 210 Fidalgo, Kenai, AK 99611, Bunny Swan Gease d/b /a Artworks Alaska (Concessionaire), whose address is P. O. Box 1897, Kenai, AK 99611 99611. A. The City owns and operates the - Building (collectively "Airport'), located B. The City has space available in the specialty retail concessions and it'lras deter concessions serves a public purpose. C. Concessionaire desires to Terminal. D. Can authorizing the City certain terms and ,.c The A. Agreement:' "' the exhibits and all Agreement. Alaska. and Airport Terminal provision retail concession operation of retinal retail in the Airport 2012, the Xenai City Council adopted a resolution enter into an agreement with Concessionaire based upon a,verin operatarin of a retail concession in the Airport .TILE I - DEFINITIONS for this Agreement: consists of this Concession Agreement, together with ,eats or supplements executed by the parties to this B. Airport Manager: The City's designated manager at the Kenai Municipal Airport acting directly or through a duly authorized representative. C. Certified Activity Report (CAR): A report that lists Gross Receipts generated by the retail concession during the calendar months for which Concessionaire makes payment. The required form for the Certified Activity Report is attached as Exhibit 1. Terminal. Building Specialty Retail Concession Agreement— Artworks Page] of 22 71 D. Concessionaire: Bunny Swan Gease is the sole proprietor of her business known as Artworks Alaska, and the term generally includes Ms. Gease and any employees and agents of Ms. Gease unless the context clearly suggest otherwise. E. Disadvantaged. Business Enterprise (DBE): A business certified by the State of Alaska as a disadvantaged business enterprise as further defined in 49 CFR, part 23. F. Gross Receipts: The aggregate amount of all transactions made on, in, from, or through the Premises for cash, or credit, or otherwise, of every kind, name and nature, regardless of when or whether or not paid, whether made by Concessionaire or any other occupant or occupants of the Premises, or some part or parts thereof excepting from the determination of said amount (1) any and all taxes or fees collected by Concessionaire on behalf of any governmental body or taxing agency and excepting tips income paid and received by service staff of Concessionaire; ( ) ,any sums received from the sale of capital assets; and, (3) any sums received from ipsurarrce or other settlements for damage to art work or other property of Concessionaire. G. Premises: The area specialty retail concession as below. A. Term: The germ of midnight of May 31, 20.17, u by the City for the operation of an on- airport i Exhibit 2 and also as described in Article 111, effective as of .Tune 1, 2012, through ier as provided herein. B. Holding Over: If CoI)eessionaire °holds over, provides services, and remains in possession of the Premises without, a written renewal or extension of this Agreement, the City's allowance of continued operations by Concessionaire does not operate as a renewal or`'extension of the rights grained under this Agreement, and, instead the parties agree that this creates only a! month -to -month extension, regardless of any payment the City accepts. Concessionaire's obligations to perform under this Agreement will continue until either it or the City terminates the services under this Agreement by giving the other party at least 10 days' written notice. The payment due for any extended period during which services are provided without a written extension of this Agreement is the monthly rent as it would have been due for the preceding year and plus the applicable percentage rent due for that period of additional operation and such payments shall be payable in the same manner. Terminal Building Specialty Retail Concession Agreement — Artworks Page 2 of 22 72 A. For the term of this Agreement, the City provides to Concessionaire and Concessionaire accepts from the City, the following described property, the Premises, located in the terminal building of the Kenai Municipal Airport: Counter space niunber 17, consisting of 115 square feet, more or less, on first floor terminal building, Kenai Municipal Airport, Kenai Recording District, Kenai, Alaska, within the NW '/, SE %, Section 32, T6N, R11W, S.M, and as more particularly set forth on Exhibit 2 to this Agreement, such Premises to be used, kept, and maintained for thu `Operation of a non- exclusive specialty retail concession for the traveling and general "public as further described below and for no other purpose (see Article V). B. Concessionaire accepts the Premises AS'lS and ackno *-ledges that it has had an opportunity to inspect the Premises. The City makes no speci rranties, expressed or implied, concerning the condition, title, access, or suitability or thePremises for any use, including those uses authorized by this Agreement Concessionaire accepts the Premises subject to any covenant, term, or condition affecting the City's title to the Premises. A. Base Rent: For the rights sand privileges granted under this Agreement, Concessionaire shalli,pay the City a monthly fxiod base reht ( "base rent "). Base rent shall be computed at the current market rate per square foot (as set by the City Council) multiplied by the square footage of the Premises (115 square feet) , plus applicable sales tax, as follows:, ]untie 1, 2012, to May 31_2013 - $2.42 per square foot Julie,1, 2013, to Mav: 31, 20,17 (future base rent is not expected increase by more than, 5". "o for each year subsegpent and preceding year; base rate will be the standard terininal base rent as set forth on the City's schedule of rates, fees, and charges as established by'the City Council) Base rent shall be payAbie,in twelve (12) equal installments in advance of the first day of each and every calendar month. For any fractional calendar month, the base rent shall be the same as for a full month. Concessionaire agrees to pay rent payable to the City at Kenai City Hall in United States currency either by check, cash, bank draft, or money order. Concessionaire will submit payments free from any claim, demand, setoff, or counterclaim of any kind against the City. B. Percentage Rent: For the rights and privileges granted under this Agreement, Concessionaire shall also pay the City, in addition to the base rent, a sum of money as additional rent known as "percentage rent." Concessionaire shall pay, to the Airport, a Temninal Building Specialty Retail Concession Agreement — Artworks Page 3 of 22 73 sales premium on each sale. The sales premium shall be an amount equal to four percent (4 %), limited to $80 per sale. Percentage rent is subject to applicable sales tax. The percentage rent required shall be paid for each calendar month during the term of this Agreement. Percentage rent shall be payable in twelve (12) installments on the fifteenth day of each and every calendar month after the preceding month for which the percentage rent installment is applicable. Concessionaire agrees to pay percentage rent payable to the City at Kenai City Hall in United States currency either by check, cash, bank draft, or money order. Concessionaire will submit payments free from any claim, demand, setoff, or counterclaim of any kind against the City. Concessionaire shall provide a Certified City's audit purposes to determine com Concessionaire shall submit each CAR in be submitted to Kenai City Hall on or bef Percentage rent payable to the City by Cos owned by the City at the time of each eusto Concessionaire while the funds ' 1-*1 . in Concessionaire is responsible for these'fep payable to the City are 'lost, stolen, oat other and control of Coneessidnaiae, Conce'ssiona revenue. C. Penalty/Interest: `Time is of the rent navment rectuirements. ,In tfie,-, any date due until the date paid in full y,,,RcportJCAR) for each month for the sk, wrtb the percentage rent requirement. hat shown in E- xhibit F. The CAR shall same date that bercentage rent is due essionaire under this Agreement shall be er transaction and will be held in trust by Concessionaire's custody and control. until delivered to the City. If any fees ise unlawfully removed from the custody - remains responsible to the City for the in meeting; the base rent and percentage elinquency, interest at the rate of eight ent (10 %) of any amount of money owed i balance, Interest shall accrue from the D. Unpaid Fees: Any rent, charge, fee, liquidated damage /penalty, interest, or other consideration due but unpaid at the expiration or cancellation of this Agreement is a charge against Concessionaire and its property, real or personal, at the Airport or where otherwise located. The City has any Iien rights allowed by law. Either the City or its authorized agent may provide enforcement. E. Taxes: Concessionaire shall pay any borough, city, or other sales and property taxes due on base rent, percentage rent, and any other fee due under this Agreement. F. Other Fees: The City reserves the right to impose and collect charges and fees from Concessionaire for the following: Terminal Building Specialty Retail Concession Agreement—Artworks Page 4 of 22 74 I. the use of specified equipment, facilities, or services when such use is requested by Concessionaire; and /or, 2. the privilege of accessing the Airport to conduct any business other than an on- airport retail art sales and gallery business. G. Audit: In addition to the Audit rights specified elsewhere herein, the City (itself or through and/or its designated representatives) reserves the right to audit Concessionaire's books and records at any time for the purpose of verifying the Gross Receipts. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Receipts received by three percent (3 %) or more (after the deductions and exclusions provided for herein), the entire expense of said audit shall be borne by Concessionaire Any amount found to be underpaid will be _assessed to Concessionaire along with penalty, audit costs, if applicable, a interest. H. Revenue Diversion: Concessionaire -shalt not cause or allow to be diverted from the Airport any of its retail sales business in I ,antsy manner b to avoid or reduce its Gross Receipts upon which its financial obligations &icd-the'City is computed In the event Concessionaire establishes, owns, operates, or manages during the term hereof any similar retail business establishment within five (5) rnilesof the Airport, it agrees to make all books, records, and other pertinent;docunients of such business available for audit by the City and /or its designated) representative to ensure compliance with this provision. If, as a result of suelf -an audit_- it is established by "tiae City that Concessionaire has understated the Gross. Receipt, ;:received by three percent (3 %) or more (after the deductions and exclusions, provided for herein), the entire expense of said audit shall be borne by Concessionaire. " Any ainbunt fount). to be underpaid will be assessed to Concessionaire along with penalty, audit costs. if applicable and interest. ARTICLE V — RIGHTS OBLIGATIONS AND RESERVATIONS A. Permitted Use: Subject to the obligations under this Agreement, the City grants Concessionaire the authority to exercise and the obligation to perform the following at Concessionaire's own expense: The non - exclusive privilege and obligation to operate an in- terminal specialty retail concession on the Premises and to sell arts and craft works, primarily produced by Alaska artists, where the merchandise is displayed by a computer terminal on the Premises and sold by Concessionaire through an electronic interface at the Premises (such as through a virtual art gallery), although Concessionaire may choose to staff the Premises with a representative in person at its discretion, physically display some merchandise on the Premises, and generally operate the space as a small art gallery and cultural information canter. Concessionaire may also provide retail and associated services either in person or Terminal Building Specialty Retail Concession Agreement Artworks Page S of 22 75 through the Internet port hole used for selling the merchandise. Any determination to leave the Premises open and without staffing is at the sole risk of Concessionaire and Airport is not responsible for providing security for the Premises. The non-exclusive privilege and obligation to conduct this concession at the Airport terminal is for the convenience of passengers utilizing the Airport, for patrons and tenants of the Airport, and for members of the general public who visit the Airport. Concessionaire shall engage in no other business activity on or at the Airport. B_ Rights and Obligations 1. Concessionaire, its partners, personnel, guests, patrons, and invitees shall occupy the Premises, subject to the security r 2. Concessionaire may, after the Premises identifying its business. C advance written approval. 3. Concessionaire shall any federal, state, city, borough concession and shall pav_all relate( 4. Subject shall keep accurate practices coneerlung of hours to C. more relating 114 )ection of 0 the by the Airport N naire shall request suppliers, service and egress of and to , install signs at obtain the City's required by any laws of in order to operate the touations in .Article VII, below, Concessionaire y ir1 accordance with recognized accounting from sales as defined here and to keep and of five k5) years following the end of each year cord. All books and records maintained by from sales shall be available at all reasonable agents. I. Citv reserves the right to grant others any right or privilege specifically granted. Concessionaire at'locations other than at the Premises. 2. City shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. 3. Improvements, facilities, fixtures, equipment, and things on, in or appurtenant to the Premises and parking area are available to Concessionaire AS IS and without any warranties or representations whatsoever, including warranties of fitness for a particular purpose or warranties of merchantability. Terminal Building Specialty Retail Concession Agreement — Artworks Page 6 of 22 76 4. City reserves the right, to address and resolve any problems arising out of Concessionaire's operations. City will forward to Concessionaire for response any complaints, questions, or concerns it receives regarding Concessionaire's operations. 5. The rights and privileges granted Concessionaire under this Agreement are the only rights and privileges granted Concessionaire. Concessionaire has no easements, rights, or privileges, express, or implied, other than those expressly granted under this Agreement. 6. Concessionaire will not sell any service rrr- product unless described in this Agreement without the advance written approval of they City. If a question or dispute arises concerning the sale of any service or product. Concessuoinaure may submit a written request to the City asking for a review and decision. The-City will deliver a written decision to Concessionaire and the decision of the City is final. 7. The Kenai Municipal Airport Concessionaire nor its employees, nor or its the Airport Terminal. Concessionaire will coinply With the A. General: moke –free facility. Neither smoke on the Premises or in L i Concessionaire.sball providefoi' -the operation and maintenance of the Premises as specialty retail sales concession n. During the term of this Agreement, Concessionaire shall have 'sole possession of, and responsibility for, maintenance of the Premises, including, but not limited to.;!. all improvements constructed thereon and fixtures and equipment existing on the Premises at the commencement of the Agreement and thereafter installed by either Concessionaire or City. 2. Hours of Operation: Concessionaire agrees to continuously operate the Premises during the term of this Agreement. For purposes of this Agreement, "continuously operate" means that the facility shall open for business on a daily basis (Sundays and City holidays excepted, at Concessionaire's option) and for such hours as would be reasonable for similar facilities existing on the Kenai Peninsula. Hours of operation shall be attached to public exterior doors of the Premises. 3. Concessionaire shall not permit any defacing of walls, floors, and fixtures, shall keep all the Premises free from trash and debris, and shall maintain and service all equipment at a high level of efficiency, reliability, and appearance. Terminal Building Specialty Retail Concession Agreement— Artworks Page 7 of 22 77 4. Concessionaire shall not permit smoking on the Premises. 5. Concessionaire shall neither commit nor allow any nuisance, noise, or waste on the Airport property, nor shall Concessionaire annoy, disturb or be offensive to other users. 7. Concessionaire shall maintain the Premises in good repair, appearance,, and in a safe condition at all times. At its own expense, Concessionaire shall paint, repair, or replace its equipment as their condition may require. Concessionaire shall take any action the City determines necessary for safety or to maintain the Premises in good repair and appearance. 8. Concessionaire shall pay for any lighting fixtures, extraordinary power use, or cleaning services required or caused by Concessionaire which, in the City's reasonable determination, are beyond the scope of normat sarvi.ces provided by the City. 9, If Concessionaire causes inadequate maintenance by Concessior Concessionaire shall repair the damage repair the damage, the City, may, bii Concessionaire for the City's costs. C days of the billing date. 14. Conees condition. Concessi supplies necessary to laniage <to the City or to an Airport user due to ire orapy, of its equipment, fixtures, or systems, at its owii� expense. If Concessionaire does not i not obligates, to, repair the damage and bill icessionaire shalj;.p,ay the City within thirty (30) mses in a clean, neat, and sanitary janitorial and cleaning services and 11: Concessionaire' shall provide for` the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of Concessionaire's operations':' Concessionaire shall coordinate a schedule and procedure of trash removal with the Airport. Concessionaire small provide and use suitably covered or sealed receptacles for all garbage, trash, and other refuse from its operations i_mide the terminal. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances, and regulations. 12. Employee Parking: Employees of Concessionaire may use non - exclusive employee vehicle parking facilities at the Airport at no charge. All employees must register their vehiele(s) at the Airport Manager's office to receive a vehicle - parking permit to park while on the job. Concessionaire shall be held accountable for Concessionaire's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable Airport Directives. Terminal Building Specialty Retail Concession Agreement. — Artworks Page 8 of 22 78 13. Except as allowed for employee parking, Concessionaire shall not use any Airport space outside of the Premises for any purpose unless specifically leased from the City or subleased from a third party with the consent of the City. 14. No Discrimination: Concessionaire agrees that the facilities and the other improvements provided for herein shall be equally available to all members of the public without discrimination. Any discrimination by Concessionaire in the use of any facility hereinabove described on grounds of race, color, religion, national origin, ancestry, age, or sex shall be deemed to be a material breach of this, Agreement and grounds for cancellation of this Agreement. Concessionaire agrees that Concessionaire will applicant for employment, to be employed in respect to the hire, tenure, terms conditions of directly or indirectly related to employment bet fide occupational qualification, or because ;a ancestry, age, or sex. Concessionaire understands that breach of this Agreement. 15. Con rules of the City, from time to tine. basis t dis inninate against any employee or Verformatxce of this Agreement with of •ivileges employment or any matter 3e of age excepf,when based on a bona race, color, national oriin, shall be deemed to be a material us, ordinances, regulations and Yates as same may be amended ill provide the retail sales and any customers on a fair, nondiscriminatory C. Si r s-. Concessionaire, shall not, without the prior written approval of the City, construct, erect;pr place any�signs in or on the Airport other than an Airport - approved sign providing infarmatiou identifying Concessionaire and concerning the services provided by that Coicessionaire. The terms "sign" and "signs" as used herein shall mean advertising or promotional materials, billboards, notices, identification symbols, posters, electronic or static displays, information racks, decals, logos, or any similar device. D. Service Quality: Concessionaire's operation under this Agreement is a service to airline passengers and to other users of the Airport. The City desires to provide airline passengers and other users of the Airport with access to retail establislnnents of interest to the traveling public that are of the highest quality. Concessionaire shall actively operate the concession to best serve the needs of airline passengers, Airport employees, and other users of the Airport. Concessionaire shall maintain professional personnel who will provide a high standard of service to the public. While on duty, the personnel will Terminal Building Specialty Retail Concession Agreement — Artworks Page 4 of 22 79 present a neat and clean appearance, remain courteous at all times, and wear any and all badges or other identification cards that are mandated by the management of the Airport. Concessionaire acknowledges that the ability of the City to effectively compete with airports outside the State of Alaska and to promote tourism to the State of Alaska depends, in part, on the performance of Concessionaire. Accordingly, Concessionaire shall conduct its operation in a first- class, businesslike, efficient, courteous, accommodating manner. E. Business Development: Concessionaire shall tak: 'all reasonable measures to maintain, develop, and increase its business without, diversion of any business to any entity or location not subject to this Agreement F. Security: Concessionaire shall adhere to all applicable responsibilities of the federal airport security program set out in the Transportation Security 'Regulations Title 49 CFR Part 1542 and the Airport Security Program. Concession "I will procure any required identification badges necessary to access the premises crr Concessionaire`s operations authorized under this Agreement. Any line that results firom a isolation of the federal airport security program , Cpncessionaire; its agents, officers, suppliers, sub Concessionaires, vendors, guests, ZXUStoiners. or employees, whether on or off the premises, that is found by the Transportation -Security Admirstration or the City to be the fault of Concessiouain will be the", sole responsibility of Concessionaire. If the City pays any such fine to meet the Transportation Security Administration deadlines, Concessionaire with reimburse' the City within 30 days after written notice by the City. Concessionaire will coordinate any Airport security matter with the City. To provide a satisfactory ;basis to, confirm the accuracy of Concessionaire's CARS, Concessionaire shall establish and n1a,intain books and records that concern the business authorized under this Agreement in accordance with generally accepted accounting Principles. Concessionaire's .books and records must, in the determination of the City, enable Concessionaire to report accurately, and the City to check easily, payments due the City under this Agreement. Concessionaire shall preserve all books and records of business conducted under this Agreement for the longer of six (6) months after completion of an audit by the City or five (5) years after the end of the Agreement year to which the books and records pertain. However, if the City objects to any report or statement, Concessionaire will preserve all books and records containing information relevant to that report or statement until resolutionof the objection is confirmed in writing by the City. Terminal. Building Specialty Retail Concession Agreement — _Artworks Page 10 of 22 80 The City, or its designee(s), shall have access to accounting and other records necessary to confirm the accuracy of Concessionaire's CABs at all times regardless of the media in which the information is stored. A. City Policy: The City of Kenai's policy is to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum opportunity to participate in the performance of airport concession contracts. B. Concessionaire's Obligation: Car and regulations regarding the fair and eq ensure that DBEs have the maximum opl Agreement, including the provision of opportunities. C. Non - discrimination: ThisAgre States Department of Transportatioi Concessionaire agrees that it will not.c the owner's race, color, religion, natio; the award or performance of any coi Subpart F. Concessionaire agrees to concession arrangements that it enters statements in further agreements. Further. Concessionaire w: national origin, ancestry, employment, or other persc State law. Concessionaire i enforce this requirement of .e will lcomply with all applicable laws atment of DBEs. Concessionaire will D participate in the performance of this and services and any subcontracting is s,iA ect to the requirements of the United ;ulatrons. 49 CFR Part 23, Subpart F. mate against any business owner because of ;iit ancestry. age, or sex in connection with n agreement covered by 49 CFR Part 23, lei the above statements in any subsequent jsc those businesses to similarly include the not discrimitiate on the grounds of race, color, religion, or sex against any patron, employee, applicant for or group of persons in any manner prohibited by federal or ognizes the right of the City to take any action necessary to D. Affirmative Action: Concessionaire will undertake any affirmative action program required by 14 CFR, Part 23, Subpart F, to insure that Concessionaire will not exclude any person from participating in any employment activity= on the grounds of race, color, religion, national origin, ancestry, age, or sex. Concessionaire will not exclude any person on these grounds from participating in or receiving the services or benefits of any program or activity covered by the subpart. Concessionaire further understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake affirmative action programs and require assurances from their sub organizations. Terminal Building Specialty Retail Concession Agreement— Artworks Page I 1 of 22 81 Concessionaire shall obtain the written approval of the City in the form of a City Building Permit, if required by City ordinances (including all attachments and detailed drawings of the proposed construction) before beginning any alteration, construction, or improvement of the Premises. Any construction must be approved of in advance by the Airport Manager. The City will own all improvements made by termination of this Agreement. A. hr pection: The City may at all reason or observe Concessionaire's performance of its any action that the City is obligated to tal Concessionaire shall not claim, nor shall the Cii City under this Agreement if the City exercises City will take all reasonable steps - to im nimize ii on the Premises . t to enter the Premises to repair, replace, alter, ricaiplurnbing.,heating, cooling, ventilation, r system necessary to the proper functioning of Mire for any damage to the Premises. As a i is Liable only for its own negligence and for ion using standard materials. Any City repair, ,inteiance will not unreasonably interfere with Nothing in this section in any way relieves ,in the Premises. B. Access: The install, or maintain; fire protection, telec the Airport without result of any entry 's use of any A. City Services: s the i cal, e n, or dunce the ter co arl, or to ilia at the expiration or earlier mle times entef and inspect the Premises obligations under this Agreement or take :e under this Agreement, or otherwise. y allow, any abatemeht;of fees due to the this right. Except for an ei'nergency, the tterference with Concessionaire's activity will perform the following: 1. maintain the structure of the Airport and its terminal, the roof, and exterior wails; and, 2. provide standard lighting and .replacement bulbs for those fixtures outside the Premises; space heating and cooling; electricity; and air ventilation; and, 3. wash alI exterior windows as well as clean and maintain the public areas at the Airport; and, Terminal Building Specialty Retail Concession Agreement— Artworks Page 12 of 22 82 4. maintain the Airport's electrical, public address, plumbing, and heating systems in good condition and repair; however, the City may refuse to maintain any system installed by Concessionaire and may charge Concessionaire for any repair resulting from Concessionaire's negligence (Concessionaire shall pay the City within 30 days of the billing date for any such repair charge). B. Hold Harmless: Concessionaire waives any claim and holds the City harmless for damages that may arise out of or result from any failure or 'interruption of utility services furnished by or through the City that includes, but not limited to, stoppage in electrical energy, space heating, or the failure or interruption: pf any public or passenger convenience. A. Laws: This Agreement is subject Wall i leasing of facilities and the granting of priVill expense to the City, Concessionaire shall coin", local laws, ordinances, regulations, and Airport in force that may apply to the busipess�uthoriz1 operation, maintenance, and protection o theA sanitation, and pollution. nations, incluoiiri,those relating to the at the Kenai Munip1pal Airport. At no with Ala federal, Siete of Alaska, and es, thut are either now, ok in the future, iiider this Agreement, for the use, care, ,A. oil, it ejudin.g matters of health, safety, B. Taxes: Concessionaire shall obtain all ! necessary, ;licenses and permits, pay all taxes lawfully imposed on its business, avid pay any other fee or charge assessed under any applicable public statute, regulation, or ordi lance. C. Disputes: In any disp rte betweeni�he, parties, the laws of the State of Alaska will govern. If such dispute resnits in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in:tbe Third Judicial District at Kenai. D. Claims: Concessionaire shall promptly notify the City of any claim, demand, or lawsuit arising out of Concessionaire's rights granted or the operations authorized under this Agreement. At the City's request, Concessionaire shall cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit that affects the rights granted Concessionaire under this Agreement. A. Concessionaire shall maintain in good standing the insurance described in this Article. Before rendering any services under this Agreement, Concessionaire will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance requirements shall be Terminal Building Specialty Retail Concession Agreement — Artworks - -- Page 13 of 22 3 subject to the sole determination of the City. The City Manager may, with the counsel of the City Attorney, waive or reduce the insurance requirements under of this Article. B. Concessionaire shall throughout the term of this Agreement, and at its own expense, secure and keep in force insurance, as stated below, to protect the City and Concessionaire. Where specific limits are stated, they are the minimum acceptable limits. If Concessionaire's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. C. All Comprehensive general liability insurance with coverage limits not less than ONE MILLION DOLLARS (lM1) 000) combined single limit per occurrence where generally applicable, including in- tenninal operations, independent contractors, products, and completed operations, broad form property damage, blanket co4ractual, and personal injury endorsements. 2. Worker's Compensation and, Comprehensive and nor. -owned for insured; as required by the State of Alaska; covering all owned, hired, s not less than $250,000 insurance, name the City additional 2. for worker's compensation insurance, general liability, and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of suubrogation against the City for payments made under the policy; 3. include a provision that requires the insurer to provide the City with notice notification at least 30 days before any termination, cancellation, or material change in insurance coverage; and, 4. be issued by a company /corporation currently rated "A "or better by A.M. Best. Terminal Building Specialty Retail Concession Agreement— Artworks Ei'' Page 14 of 22 D. Evidence of Insurance Coverage: a. Concessionaire will submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. b. Evidence of insurance coverage must be submitted to the City before Concessionaire takes occupancy of the Pfennises. The effective date of the insurance will. be no later than.the crate of commencement of this Lease. E. The City may increase the amount or remise the type of required insurance on written. demand without requiring amendments to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within, two weeks of the written demand, Concessionaire shall submit to the City evidence of insurance coverage that meets the requirements of thoity. P, Notwithstanding anything to, 4 secure required, insurance,, or if said p in any manner not acceptable to the and/or terminate this Agreement;. with Concessionaire. , if Concessionaire fails or neglects to ices are terminated, altered, or changed and to that 'event the City may cancel on five ,�) days' written prior notice to G. Indemnification: Concessiouifije. shalt Protect, indemnify, and save harmless the City from hrid" agail?sst any and all claims, t cmAnds, and causes of action of any nature whatsoever for injury ill, or death-of persons, or loss or damage to property, occurring on the Premises or with respect to any ready /return parking spaces or in any manner growing out of or 616nnected with Concessionaire's use and occupation of the Premises or with respect to any, i-aady /return parking spaces or the condition of the Premises and any designated parking .spaces during the terms of this Agreement. Ii. The indemnification and insurance coverage requirements stated herein do not relieve Concessionaire of any other obligation under this Agreement. Concessionaire expressly understands and agrees that any insurance protection furnished by Concessionaire hereunder shall in no way limit its responsibility to indemnify and save harmless the City under the provisions of this Agreement. ARTICLE XIV - CANCELLATION BY CITY A. Breach of Agreement: The City may cancel this Agreement and recover possession of the Premises by giving Concessionaire 30 days' advance written notice if Terminal Building Specialty Retail Concession_ Agreement—Artworks Page 15 of 22 85 any of the following events occur, unless the breach is cured within the 30 days after notice: 1. Concessionaire does not pay any rent, fee, penalty, or other charge or does not file a CAR when due. 2. A check for any payment is returned for insufficient funds. 3. Concessionaire uses the Premises for purposes not authorized under this Agreement. 4. A petition in bankruptcy is filed partner, member, or shareholder holding a majo 5. A court enters a judgment any partner, member, or shareholder hol( 6. A ttvstee or receiver is proceeding brought by or against Cones 7. A lien is filed Concessionaire and the lien i. is not posted withizn,fi0 bays. 8. Concessionaire does not the Concessionaire or by my against Concessionaire or against interest in Concessionaire, assets in a .se of any act or omission of a borne of satisfaction of the lien the business authorized under this s advance written approval. The cessation or deterioration of any service that, in the City's , materially and adversely affects the service Concessionaire is required to perform 10. Concessionaire does not perform any provision or covenant under this Agreement. The City may, but is not required, advise Concessionaire in writing of any deficiency in maintenance of the Premises. A cancellation notice issued by the City under this Article is stayed if, within the 30 -dav notice period, Concessionaire begins and continues expeditious action to cure the breach in the case of a breach, which is not reasonably curable within 30 days. The determination of "expeditious action" and "not reasonably curable" is in the City's sole discretion. Concessionaire will not construe any waiver by the City of any default on the part of Concessionaire in the perfoinance of any provision, covenant, or condition to be Terminal Building Specialty Retail. Concession Agreement— Artworks Page 16 of 22 6 performed, kept, or observed by Concessionaire as a waiver by the City at any time thereafter of any other default or subsequent default in performance of any provision, covenant, or condition of this Agreement. After a City waiver of default in one or more instances, the City is not required to provide notice to Concessionaire to restore or revive that time is of the essence under this Agreement. The waiver of any right or obligation under this Agreement is not effective nor binding on Concessionaire unless it is in writing and signed on behalf of City. B. Additional Rights of the City: On termination or cancellation of this Agreement or on re- entry; the City may regain or resume possession of the Premises, may occupy the Premises, and may permit any person, firm, or corporation to enter on and use the Premises. The City may also repair or make any structural or other change in the Premises that are necessary, in the City's sole determination, to maintain the suitability of the Premises for uses similar to those granted', �Wider this Agreement without affecting, altering, or diminishing the obligations o'"Concessionaire under this Agreement. The City will charge Concessionaire the cost bf °these repairs and Concessionaire will pay these charges within 30 days of the billing date:` , C. Ownership of Agreement due to a furnishings, fixtures, terminal under this A items as it sees fit,t date for any cost the x 0 guipment and It rovements: It" the City cancels or terminates this oncessionaire cie aialt,,, all of Concessionaire's title and interest in equipment, and improvements installed in or adjacent to the eet neltt vest in the City. The-City may use and/or dispose of these mcessionaire will reimburse the City within 30 days of the billing tv incurs, h) removing and disnosina of these items. force ,for the entire period < damages_ the fees and char.; the same time, and in the si The City may trtaintain sep and at any time, may sue to bli au tions:. I,f the City cancels or terminates this -'s obligations under this Agreement will survive in full A, subject to tine City's obligation to mitigate !c me due and payable to the City to the same extent, at lannei as if no termination or cancellation had occurred. actions to recover any monies then due, or at its option. ,er the full deficiency, E. Surrender of Possession: Concessionaire will yield possession of the Premises to the City on the date of the termination, cancellation, or normal expiration of this Agreement promptly, peaceably, quietly, and in as good order and condition as the same now or later improved by Concessionaire or the City, reasonable use and wear- and -tear accepted. So long as there is no uncured default of Concessionaire, the City will allow Concessionaire a maximum of five (S) calendar days after the effective date of the expiration of this Agreement to remove all of its personal property, equipment, furniture, and fixtures from the Premises. Concessionaire acknowledges that as part of the Tenninal Building Specialty Retail Concession Agreement—Artworks Page 17 of 22 87 consideration for this Agreement, all property remaining on the Premises after these five (5) calendar days becomes the sole property of the City. The City may remove, modify, sell, or destroy the property as it sees fit, Concessionaire will pay the City within 30 days of the billing date for any cost the City incurs in property removal and disposal. Concessionaire may cancel this Agreement by giving the City 30 days' advance written notice if any of the following events occur: A. the pennanent abandonment of the Airport by all passenger airlines or the removal of all passenger airline service from the Airport fir° a rind of at least 90 consecutive days; or, B. the lawful assumption by the United States government or its authorized agent, of the operation, control, or use of the Airport, or any substantial part; of the Airport, that restricts Concessionaire from operating its business under this Agreement, for a period of at least 90 consecutive days; or, C. a cotut of competent juris use of the Airport by all airlines consecutive days. N contract B. Transition neither practice; procedure to be? expiration of this on that prevents or restrains the remains in force for at least 90 rd: Concessiona re acknowledges that on the expiration, this A g1reement, the City may award any subsequent means then available to the City. le at Normal l xpiration: Concessionaire understands that it is sible for the "City to predict the exact transition schedule and the peeds of the traveling public and the City at the normal The City will provide Concessionaire a written notice of the transition plan determined by the City to best serve the needs of the traveling public and the City at least 30 days before turning the business over to a succeeding Concessionaire. Concessionaire will diligently execute the transition plan determined by the City, abide by its time schedule, and cooperate with the City and the succeeding concessionaire in carrying out the transition plan. In any dispute between Concessionaire and the succeeding concessionaire during the transition period, Concessionaire will abide by the decision of the City. Terminal Building Specialty Retail Concession Agreement—Artworks Page 18 of 22 88 At the normal expiration of this Agreement, Concessionaire will either remove its furniture, fixtures, equipment, and improvements or sell them to the succeeding Concessionaire. If Concessionaire neither sells nor removes these items within five (5) calendar days after expiration, the City may remove, sell, modify, or destroy these items as it sees fit. Concessionaire will reimburse the City for any cost the City incurs in removal. and disposal within 30 days after the billing date. A. Prohibition: Concessionaire will not encumber or assign the concession and /or lease whole or in part, without the advance writter< assignment, mortgage, hypothecation, or enctirl) violation of this article is void and will cpifer n this Agreement, on any assignee, mortgagee subtenant, successor, or purchaser. B. Approval by Ci : Concessionaire„ will assignment or subcontract to the City for advar the original notarized signature of ate pantie Agreement extend to aud^biud the legdIl,repreq parties. C. ivl withhold all or substantially all of controlled by or is under section, "control" of any than 50 percent of the management of the entity. ortgage, hypothecate, nor otherwise ghts created under this Agreement, in onsent of the City. Any attempted ance of the concession rights, or other right, title, or interest neither in nor to encumbrancer, piedgee, lien holder, (3) copies of any proposed roval. Each copy must bear rots and provisions of this essors, and assignees of the o • Reor aannization: The City will not unreasonably sigrnm nt of this Agreement by Concessionaire to a. npany -br other legally- fowled entity that results from a aization of Con eessionaire to a legal entity that purchases ets of Concessionaire or to any entity that controls or is non control with Concessionaire. For purposes of this is deemed vested in the person or persons owning more power for the election of the board of directors or A. Execution by City: This Agreement is not effective until approved by the Kenai City Council and signed by the City Manager of City of Kenai, or a designated representative. B. Approval by City: The City will not unreasonably withhold any approval required under this Agreement. Terminal Building Specialty _Retail, :Concession .Agreement—Artworks Page 19 of 22 89 C. Notices: Any notice required under this Agreement must be either hand - delivered or sent by registered or certified mail, or delivered by a reliable overnight delivery service to the appropriate party at the address set forth on page one of this Agreement or to any other address that the parties subsequently designate in writing, All notice periods begin on the date the notice is hand - delivered at the address or mailed. In addition, Concessionaire shall deliver all notices permitted or required to be provided to the City under this Agreement by hand - delivered or sent by registered or certified mail to the Airport Manager, Kenai Municipal Airport, 305 N. Willow, Suite 200, Kenai, AK 99611- 7792. D. Modification: Concessionaire s Agreement to meet any requirements of order to operate and/or maintain the Airp( any revenue bond covenant to which the without formal amendment of this Agn reduce the rights or privileges granted C Concessionaire financial loss. E. Validitv of Farts: The remain jurisdiction declares any part of this F. Radio Intern of any device thal navigation aid until G. 91 will If the performance by Cod a waiver or relinquia force. A City waiver relied on unless the a City's i th any edges that the City may modify this or State grants obtained by the City in 'order to conform to the requirements of Kenai is bound, and the City may do so However, a modification may neither onaire tinder this Agreement nor cause force if a court of competent is eliminated. will discontinue the use transmitter, receiver, or deral government declares a national emergency, liable�fd'r the inability to perform any part of this emergency. ✓ does not insist in any one or more instances on the strict re of any provision or article under this Agreement, it is not r the future, but the provision or article will continue in full Erovision or article in this Agreement cannot be enforced nor in writing and signed on behalf of the City. h Disasters: If, in the determination of the City, fire, flood, earthquake or other casualty damages the Kenai. Municipal Airport so extensively as to render the Airport or the Premises untenantable, either party may elect to terminate this Agreement with respect to the damaged facility only on 30 days' written notice to the other party. If this Agreement is terminated because of a disaster, or is reduced due to disaster at one facility, the City will prorate the fees payable under this Agreement up to the time the Airport or the Premises becomes untenautable. Terminal Building Specialty Retail Concession Agreement Artworks Page 20 of 22 ,. . 90 J. Condemnation: If any proper authority condemns the Airport, this Agreement ends on the date Concessionaire is required to leave the Premises. The City is entitled to all condemnation proceeds; however, the City will pay Concessionaire the portion of proceeds attributable to the fair market value of any improvements placed on the Premises by Concessionaire, offset by any sums due to the City by Concessionaire. K. Quiet Eniovment: The City covenants that it has full, unencumbered title to the Kenai Municipal Airport; that it has the right and lawful authority to execute this Agreement; and that Concessionaire will have, hgki:' and enjoy peaceful and uninterrupted use of the Premises. L. Entire Agreement: This Agreement, entire agreement between the parties. No m is effective unless in writing and signed by 1 of this article X -VIII. M. Time: Time is of the essence in the the parties to this Agreement. WITNESS WHEREOF, the parties acknowledgments below.' STATE OF ALASKA THIRD JUDICIAL DISTRICT } ss. icatron or anre3 parties, except of all rights it, constitutes the of this Agreement ilated in section D of and slay and year as stated in the AI: Rick R. Koch Its: City Manager By: f Bunny Swan -cease Sole Proprietor Terminal. Building. Specialty. Retail Concession. Agreement — Artworks Page 21 of 22 91 The foregoing instrument was acknowledged before me this _ day of , 2012, by Rick R. Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. NOTARY PUBLIC for State of Alaska My Commission. Expires: The foregoing instrument was acknowledged before me this _ day of 12012, by Bunny Swan- Gease. Approved by Kenai City Council. Approved as to form by City Attorney Approved by Finance Director Return to: City Attorney City of Kenai 210 Fidalgo Avenue, Suite 201 Kenai, Alaska 99011- 7794 L:AAirport4Ag7 eeiiients \Artworks.0 Terminal Building Specialty Retail Concession Agreement —= Artworks Page 22 of 22 92 M ,FI' with // da t• Avenue, Alaska 99 9 j Telephone: +1 : A 90 7) 283-3014 www.ci.kenai.ak.us LYMkra.'xl:fiY 1r 2:1'17. L & M Ventures, Inc. has requested an assignment of its lease for the above referenced property to Jersey Subs, Inc. The purpose for which the lease is issued is for a restaurant, and the Lessee has operated Little Ski Mo's Burger & Brew on the premises since the Lease was assigned in 1998. A change of use under the lease is not being requested. The lease states the lessee must have the written consent of the City for any assignment as well as prior approval by the Kenai Planning Commission. The Planning and Zoning Commission reviewed the request at its May 23 meeting, and found that the lease conforms to the Comprehensive Plan, City Zoning and the Airport Layout Plan and recommended the City approve the assignment. Both parties are in compliance with the City and the Kenai Peninsula Borough except that L & M Ventures currently owes the City past -due rent, penalty, and interest in the amount of $1,459.67 as well as current rent in the amount of $660.98 due as of June 1. The attached Assignment and Assumption of Lease Agreement and Consent includes language that states that the Consent is not effective until the Lessor has paid its current and past due amounts to the City, which can be accomplished at or before closing of the transfer or sale of the leasehold interest and/or any business assets. The City Attorney has reviewed the attached documents and has no objection to the form. If Council approves the assignment, the Assignment and Assumption of Lease Agreement and Consent can be executed. Attachments cc: L &M Ventures, Inc. Jersey Subs, Inc. M it L & M Ventures, inc., Michael J. Lott, Natasha Lott and Nina Marion (Lessees /Assignors), whose addresses are P. O. Box 1432, Kenai, AK 99611, and who are Lessees under that Lease of Airport Lands and Facilities dated May 3, 1978, which lease has been amended through the Seventh Amendment to Lease (collectively, the Lease), assign all of their respective rights, title, and interests in the Lease to Jersey Subs, Inc. (Assignee), whose address is P.O. Box 242, Kasilof, AK 99510, subject to all the conditions and terms contained in the Lease. The Lease covers property located in the City of Kenai described as Lot 3, Block 1, according to the Plat of Gusty Subdivision, filed under Plat No. K -1700, Kenai Recording District, Third Judicial District. The Lease, initially by and between the City of Kenai as Lessor and Yoshi and Ruth Shiohira as Lessees, was assigned to Lessees /Assignors on or about December 7, 1998. Lessees /Assignors, at or before the closing of the transfer or sale of the leasehold interest and /or any business assets to Assignee, agree to pay to the City of Kenai all past -due and current liabilities due under the Lease. These debts include $1,459.67 in past -due rent, penalty, and interest, and an additional $660.98 in rent due as of June 1. 2012. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and obligations which may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease Agreement. This Assignment and Assumption of Lease shall be governed by and construed in accordance with the laws of the State of Alaska. Assignment and Assumption of Lease Agreement; Consent Page 1 of 6 94 (for corporate entity) ATTEST: Name Title ROMEO= M Michael J. Lott By: Michael J. Lott By: Natasha Lott By: Nina Marion By: Chris Fallon President Assignment and Assumption of Lease Agreement; Consent Page 2 of 6 95 (for corporate entity) ATTEST: Name Title State of Alaska } ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2012, by Michael J. Lott, President of L & M Ventures, Inc., an Alaska corporation, on behalf of the corporation. Notary Public of Alaska My Commission Expires: State of Alaska ) } ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of 2012, by Michael J. Lott. Notary Public of Alaska My Commission Expires: State of Alaska ) } ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of 2012, by Natasha Lott. Notary Public of Alaska My Commission Expires: Assignment and Assumption of Lease Agreement; Consent Page 3 of 6 96 State of Alaska ) ) ss Third Judicial District } The foregoing instrument was acknowledged before me this _ day of 2012, by Nina Marion. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District } The foregoing instrument was acknowledged before me this _ day of 2012, by Chris Fallon, President, Jersey Subs, Inc. Notary Public of Alaska My Commission Expires: The City of Kenai, Lessor under that certain lease recorded May 30, 1978, at Book 125, Pages 463 - 471, Kenai Recording District, and thereafter amended on seven occasions (collectively, the Lease), hereby consents to the above assignment and assumption of Lease from L & M Ventures, Inc., Michael J. Lott, Natasha Lott and Nina Marion (Assignor) to Jersey Subs, Inc. (Assignee), under the terms and conditions stated in that Assignment and Assumption to Lease Agreement. Lessor's consent to assignment shall not be deemed to change the scope or extent of any rights or obligations under the Lease. Lessor's consent to assignment Assignment and Assumption of Lease Agreement; Consent Page 4 of 6 M shall not be deemed to be consent to any further or subsequent sublease or assignment. This Consent is given without waiving any right or action and without releasing the Assignors from any liability or responsibility under the above - referenced Lease. The City specifically reserves its rights to pursue Assignors and Assignees, jointly and severally, for breach of the Lease and to pursue all remedies to which it may be entitled to enforce its rights under Lease. This consent is not effective until Lessor is paid $1,459.67 in past -due rent, penalty, and interest, and $660.98 in rent due as of June 1, 2012. CITY OF KENAI 0 Rick R. Koch City Manager STATE OF ALASKA ) ) as THIRD JUDICIAL DISTRICT } The foregoing instrument was acknowledged before me this _ day of 2012: by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Stearns Assignment and Assumption of Lease Agreement; Consent Page 5 of 6 09 City Attorney PLEASE RECORD IN THE KENAI RECORDING DISTRICT AND RETURN TO. City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 L:LandWersey Subs\Assign .Assump.Consent.052112 Assignment and Assumption of Lease Agreement; Consent Page 6 of 6 Zz 1 ,. Block 1, Gusty Subdivision 0 mil "'Village with a Pa.54 Cr witk a Futare„ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ... Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 111l 1992 TO: City Council FROM: Rick Koch, City Manager DATE: June 1, 2012 The purpose of this correspondence is to request approval from the Council for the City Manager to execute a Memorandum of Agreement (MOA) with the State of Alaska, Department of Transportation and Public Facilities (ADOT /PF) providing for the transfer of ownership and operational responsibility of Beaver Loop Roadway to the City of Kenai after certain improvements have been constructed by ADOT /PF. The improvements include, but are not limited to, the following: 1. Reconstruction of the existing asphalt surfaced roadway. 2. Construction of paved shoulders (4'). 3. Drainage improvements. 4. Construction of a separated pedestrian pathway. The specific scope of work will be determined through a cooperative effort with ADOTJPF, which will include a preliminary design and environmental document. After the City has accepted the specific scope of the project, the City will execute a quitclaim deed which conveys all of ADOT /PF's interests in Beaver Loop Road effective after the construction project is substantially complete. The budget for the improvements is approximately $10 million. The estimated annualized increase in maintenance costs related to Beaver Loop Road is $100,430 (attached), expressed in 2011 dollars. Annual Operating Costs (2011 $( Description of Maintenance Item Snowfall Event (12)(Roadway) Striping (every other year- 80,0001f) Crack Sealing /Potholes (Roadway) Snowfall Event (12) (Pedestrian Pathway) Sweeping (2)(Pedestrian Pathway) Desciption of Cost item Grader Operator Sander Operator Grader 14H Sand Truck Sand Contract - 4" Stripe Operator Materials Equipment Trackless Operator Trackless Snowblower Trackless Operator Trackless Rotary Broom Unit Quantity Unit Cost HR 96 $ 60.00 $ HR 96 $ 60.00 $ HR 96 $ 90.00 5 HR 96 $ 50.00 $ CY s0 $ 25.00 $ Total $ LF 40000 $ 0.20 $ Total $ HR 120 $ 60.00 $ LS i $ 2,500.00 $ LS 1 $ 2,SOQ00 $ Total $ HF, 48 $ 60.00 $ HR 96 $ 90.00 $ Total $ HR 10 $ 60.00 $ HR 10 $ 90.00 $ Total $ Annual Increase in Operating Budget $ Total Hours 370 Capital Cost (Annualized) (201.15) Repair & Replace Asphalt Contract R & R Asphalt Ton 8000 5 100.00 $ Striping LF 80000 $ 0.25 $ Sub -Total $ Divide by 20 year life $ Estimated Annualized Cost of City Ownership M Sub -Total 5,760.00 5,760.00 8,640.00 4,800.00 1,250.00 26,210.00 8,000.00 8,000.00 7,200.00 2,500.00 2,500.00 12,200.00 2,880.00 8,640.00 11.520.00 600.00 900.00 1,500.00 59,430.00 800,000.00 20,000.00 820,G00.00 41,000.00 $ 100,430.00 Memorandum of Agreement 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 No. 5' )456 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 law (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 and future maintenance of the right of way to the City, and WHEREAS, the City agrees to accept, by Commissioner's Quit Claim Deed, all of the existing rights and future maintenance of Beaver Loop Road, and WHEREAS, it has been determined that this work will serve the public interest and enhance the quality of life for the residents of, and visitors to, the City, and WHEREAS, the parties 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 facility, 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 OF AGREEMENT Beaver Loop Road - Badge Access Road to Kenai Spur Highway Project No. 5±456 Page 1 of 5 I!f DN I, PLANNING, DESIGN, AND CONSTRUCTION a. DOT &PF shall plan, design, and construct the Project within the approved scope. and funding. The City shall have no claim against DOT &PF for cost overruns or if the money available is not adequate to complete the Project. b. DOT &PF shall be responsible for permitting all utility relocations necessary for this Project. 2. 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 substantial completion of the construction of the Project. b. The City shall perforin its activities under this Agreement at its sole cost and expense and without reimbursement from DOT &PF. 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; ',) Snow and ice control, including all plowing, sanding, culvert and storm sewer thawing, 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; &) 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 wiring; 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; MrMORANDUM OF AGREEMENT Beaver Loop Road - Bridge Access Road to Kenai Spur Highway Project No. 53456 Page 2 of 5 m 14) Annual crack sealing; 15) Repairs of minor rutting, waves, sags, humps, corrugations, raveling, alligator cracks, pitting, and bleeding on an as- needed basis. 4. TITLE TRANSFER a. Upon completion of preliminary design and approval of an environmental document, the City will have an opportunity to review and accept the scope of the project. After the City has accepted the scope of the project and prior to final design and construction of the proposed improvements DOT &PF shall execute and the City shall accept a quitclaim 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 1.7 AAC10.010 through 17 AAC 10.015, and driveway permits issued under 17 AAC 10.020 through 17 AAC 10.990. A draft 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 them 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 whom 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 (5) provide otherwise, any arbitration under this paragraph is subject to AS 09.43.010- 09.43.I80, 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. MEMORANDUM OF AGREEMENT Beaver hoop Road - Bridge Access Road to Kenai Spur Highway Project No. 53456 Page 3 01'5 grim 6. INDEMNIFICATION 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 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 indemnify, defend, or hold the Indemnified Parties harmless from: (a) claims for personal injury, death, or property damage arising from incidents occurring prior to Substantial Completion; (b) claims for personal injury, death, or property damage alleging a negligent act or omission by one of the Indemnified Parties and arising from incidents occurring within three years from the date of Substantial Completion; or (c) claims arising from or asserted under AS 4.6.03.822. 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. AMENDMENT OF AGREEMENT This Agreement may only be modified or amended by written agreement on the prescribed Supplemental Agreement forms signed by both parties. 8. THE WHOLE AGREEMENT 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 Access Road to Kenai Spur Highway Project No_ 5496 Page 4 ofi5 e; CITY OF KENAI Rick Koch Date City Manager ACKNOWLEDGEMENT STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) On this _ day of , 20, Rick Koch, City Manager acknowledged before me that he executed the foregoing document freely and voluntarily with full authority to do so. Notary Public, State of Alaska4 My commission expires: * *- * * *.**k **************************** * * * *x, * * * * * ** * * * * * *** * * ** *Y,v'* * * * * * * * * * *-- Y,* *u,: ** STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITY M Robert A. Campbell, P.E. Date Regional Director ACKNOWLEDGEMENT STATE OF ALASKA } SS. THIRD JUDICIAL DISTRICT On this day 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 Kauai Spur Highway Project No. 53456 Page 5 of 5 210 Fidalgo Avenue, Alaska 99611-7794 Telephone: 1 8 i 9 283-3014 r'.s MEMORANDUM TO: Mayor and Council Members FROM: Sandra Modigh, City Clerk City of Kenai lll...///��g�� DATE: May 31, 2012 RE: Appeal of Condemnation Order of Mobile Home(s) in SF'C 44 at Highland Mobile Home park, 5125 Silver Salmon Drive, Kenai, Alaska, of May 7, 2012, by Larry Floyd, City of Kenai Building Inspector A letter of appeal was received on Thursday, May 24, 2012 for the above - referenced matter. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: Pursuant to KMC 14.20.290 referenced above, the City is required to provide notice of the hearing at least fifteen 1151 days prior to the hearing. As such, to comply with the notice requirements and conduct the hearing with the 30 day time period, the hearing must be set on either Friday, June 22nd or Monday, June 25th. if neither one of the aforementioned dates are acceptable for scheduling the hearing, KMC 14.20.290 allows for an extension, "For good cause Please note the first regularly scheduled city 10th due to the 41h of July holiday. /SMI E meeting in July was rescheduled for July Kenai Alaska City Government Home Page Page 1 of 1 CIN of Kenai Calendar der JAN FEE MAR APR, MAY .RiN JUI- AUG EEP OCT NOV DEC C:'lij'' Wed Thu Fri Sat 27 n =3 30 31 June I �. PAamanai pay _s 4 C Llb?r—alY _ QLY -.ounu j'. innsgLRi Meelli Me�5St9 3 'iii I 7 pT ,.._. Fag Day Cnfimisrion 1,�2 'n< ,..••..,. i le?E ?n •.. Caun_�il�ci� A iOC.'. �'i44tdr1£� l »ry A'rnCl° Cn TImissign HeRma Fz:her's Day � Ci[y_ cun�ii. Nieeuno 24 26 27 e8 29 mfr >Lm '�' 7 C n I5510 intones Aun Mon 'f ue Wed Thu :Fri Sat EV A_peri Commission LEE Beautification Committee iS Cicy Council Council on Aging Harbor Commission Libasr, Commission UIImt_Grent Steering Ccmmdide I7 Parks & Recreation Comrms& ion lei Planning & Zoning n.nr ... 3 .o i�reti is ee stlene mn `y " All cintent^J 6 City of Kenai Alaska and Arctic W bP bkca }ion. C0 lct Ker al Alaske C'srlaSmer Nofcpf http:// www.ei.kenai.alc.us /calendar.htm 109 6/1/2012 i`h...ltl; of Kt.miai vai enGar J wy >v01 ve. I_„� JAN FEB MAR APR MAY JUIN JUL AUG SEF OCT NOV DEC Sur, Mon i'ue VVled Tnu Frt Sat e v_ a L 211 '.. Intlenentlance Dey _ Lorsry Commission etln 8 i ID i AC is 14 fir) FP rtor' C :v Coi nc "I :;� Coo t;gon Cm Hell U' Agir a t:tIMMsson _et,rr MPe )p,�__ MPetin. 7-12 All c' Comi Ja�tinrt 1Zs 20 at Cwt' 1.011 :Gil Fine ..,.,. 22 24 ...._. .._. C gym.__. 'F' &_Z. COME laial, rvleeun ....... Z.ts,^: 7 n n City Ca jurlj._ F�l -s & h_^g =no Recreation _... Commaso Megt'n& Sun M,—, rt ! ue 'Wed ?" Fri Sat R C r Ie= Airport Commisson � Beautification Committee � City Council C ounc:l on Aging Fiamor Commiseion Rl Llarary Commission l Mlni -Grant Steonna Committee. tyfl Packs & Recreation Comm .,,on '��`_J alarming «ZOn(np P Vcrcd i L., r ` ., "o', w Lgiftf Allcontents o) City of Kenai Alaska and A Ptiblicatiom C- of KSne' Alas4<a IJlsnlalmar Noit, http: It www.ci.kenai.ak.us /calendar.htm 110 6!1/2012 NAI CT's` COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission. Committee Board Reawaointment, If, after a term (or consecutive term) of appointment has been completed„ a commission., committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. FO a_or Boards: A. subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and. if the formation is approved by Council. If a subcommittee is approved by Council, the meetings o; the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City flail and on the city website at least five (5) clays prior to the meeting; and the meetings ma.y be electronically recorded and the recordings (the official record) stored » the City Clerk's Office. Meeting Sehedulesc Until further notice, the commission/ committee meeting schedule is as follows: C.eszssrsissionlCexnmittee /33 ®and i!+Eeetizxg Schedule Scheduled Meeting iLSays Planning & Zoning Commission Twice monthly January through December, Second & Fourth Wednesdays Library Commission Monthly First Tues la of the ruonth. Council on A inQ 1 Monthly Second Thursda , of the month. Beautification Committee i Meetings held January, Second Tuesday of the month. f April May, September aQ October Parks & Recreation Commission ! Meetings held August, First Thursday of the month. j October, December Febry nAl ,. �_.. Ai— o Comnssion Monthly Secoxsr Thursdz�y of the rnoxih_! Hr Commission Monthly First Monday after first council meetinR of the month. _ ._ Advisory Cemetery Committee Monthly Thir Thursday d of the x onlh. (Sunsets on December 31, 2010.) - - - - - - -- I . Commission, committees arid boards, including Library, Parks & Recreation and Airport Commissions and Beautification Committee, shalt meet as listed above. 3. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerks approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre - knowledge of lack of quorum, etc. F KE;NAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4;30 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council, Mizre.tes gketing I�ecoretixs. : & Excepting the Planning & Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Cleric from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recording's of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 1 I. Planning & Zoning Commission meeting recordings shall continue to be kept fog six years. Worts Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m., work session before a 7:00 p.m. meeting, 1.3. Work sessions may not be, held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly - scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken, i5, All commission, committee and board meetings must be given appropriate public notice. Basic Meeting Information, 16. Rules of Order: Pursuant to KMC 1.15,120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, unless as specified in KMC 1. 15.060 (motions), KMC 1.1.5.100 (speaking), and KMC 1.1&110 (voting). 17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one -half of the board /commission (quorum of the whole). 15. Motion. Pursuant to KMC 1,15.060(k), all motions require a second. A majority of votes is required to pass a motion (three, if a five - member board.; four, if a seven- member commission; five, votes if a nine - member board). 19. Speaking: In a meeting, members should be recognized by the Chair before speaking. 20. When is it a Meeting ?: If any public business is discussed collectively by four or a majority of members of one commission, committee, board, or council. EFFECTIVE: This directive shall take effect .Lune 17, 2010 and remain. in effect until modified by the Kenai City Council KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Approved by the Kenai City Council on the 16th d of J 2010, PAT POR'T'ER, MAYOR ATTEST: 1 Carol L. Preas,�City Cleric clf Revised 6/ 16 /20 10 AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION WORK SESSION April 25,2012 6 — 7 p.m. & continue after the regular meeting. Work session will adjourn no later than 9 p,m. 1. Call to Order 2. Roll Call 3. Approval of Agenda. 4. *Public Participation — Angler Acres Rezone 5. Commission Discussion: Angler Acres Rezone & *Public Participation - Background Report for the Comprehensive Plan 7. Commission Discussion: Background Report for the Comprehensive Plan 9. Adjournment *Limited to 3 minutes per speaker l AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION WORK SESSION May 9, 2012 6 — 7 p.m. & continue after the regular meeting. Work session. will adjourn no later than 9 p.m. 1. Call to Carder 2. Roll Call 3. Approval of Agenda 4. *Public Comments - Background Report for the Comprehensive Plan 5, Commission Discussion: Background Report for the Comprehensive Plan a. Review will begin at Section 4.7, Table 12 6. *Additional Public Comments 7. Adjournment Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The Commission may relax this restriction. "j AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION WORK SESSION Mal, 23, 2612 6 -- 7 p.m. & continue after the regular meeting. Work session will adjourn no later than 9 p.m. 1. Call to Girder 2. Roll. Call 3. Approval of Agenda 4. *Public Comments - Background Report for the Comprehensive Plan 5. Commission Discussion: Background Report for the Comprehensive Plan a. Review will begin at Section 5.3.4 Kenai T'ownisite Historic District 6. *Additional Public Comments 7. Adjournment Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated. The Commission may relax this restriction. FAlcoluOic Beverage Control Board 8 E Tudor R'd thnrage, AK 99507 License is: t6 Fall Yeas SECTION A - LICENSE INFORMATION UquDr License OR 0 Seasonal List Dates of Operation: lama of Aopl leant lC�rrp/ ELfYL['R.LPltndividualyE�nrinm' SEC'11ON B - TRANSFER INFORMATION (907) 269.0350 I Fax (907) 27 >-9412 FEES St tofu Ratwreuu }te N.%.,._ � APiinp Noe st6n aQ _ Sec 0411 (Se'`-.at RbrUasir Permit c C�rtnaC�d WamUs1 &htai €ing,nAdcass' i � [mgerpnQx- S U, -7-t, ''f _ T° ,0 % C tar <'✓ Fax Number; Sacet A6dre5s or i.ocwiun orl remiss, Emai'I Address: i "— N Nana, and 10oliag Addrass ofCUk O 1'ransfCr Wl@ tieanily inarzcst Any itRStromcau executed mfder h5 I I 04A 1.670 for purposes of applytng'AS 04. i 1 36Q(4)(b) in a latex k k3usmeae Namc (dba) Sl CZIRF_ em involuntary Imnsibr, mast be filed with rhis Application f13 AAC1 164.107). Real or PCrtial property conveyed writ; this transfer must be Snec Atldn;SS u I pcai�onB F01 dcsodbed, provide security interest documents, i i S O Involuntary Transfer. Auao6 documents vvftmh evidence default whet' ' 'ryes u T r A' AS 04.11.67o. s SECTION C - PREMISES TO BE LICENSED sancc g @f AS OR Ii.R10 OR incorporated cit}: borough, or tlnifiedmti U Local ordinance No„ D Premises is LESS than s0 miles from the __.. _.. ...._._.� ._....�...m_.. - I)istanceiocioswYChurch; � Deslanrnmeasurdr!•under; borough or untfxet.mmucipatitV. I� AS 04,11,110 OR 14 Not applicable Of an incorporated city, ordinance No. _ _. L ,.. ., _. —� r Piansst6m�&ud to 7'+ refvlarsbaH (mgtiiredtirne+��K.pr+ posed build "ulgs) Premueslobebcensed is: � Gi,,,Oiagrsas ofprcmises atleched O Proposed buildingg 1,21.Lxist ng facilin, ❑ Now building 9ranstetApplication Page I of'3 117 Transfer Liquor License Alcoholic f3evcrage C:cintroL board ll (907) 269.0350 58481 Tudor'Ltd Fax: (907) 272.94 12 Anchorage, AK 99507 cwt wAns.silat ak.nstnbc SECTION 1) – LICENSEE INFORMATION '. 1. [toes any individual. corporate otficer, director, limited liability Organization mernber, manaw.er or painter trained in this application harw any direef � ! or indirect interest in any other alcoholic beverage business licensed in Alaska or aaty other staL9 Tes ,No If Yes. emnplete the following. Faachadditionulsheets ifnecessary_ 1 I @7a'me Name of Business i'l'vUeoYticenea a_ Business Street - Address—l-, In e f - -—i 2 Has any individual, corporate officer, director, limited' liabilityorganiiation member. manager or partner- nartnut in,ihis application been mmdcned of felony. a violation ofAS 64 or been convicted as a licensee ormanager of licensed prenniscs in another state of the liquor laws ofihat state? ❑ Yes No If Yes, attach written explanation, i SECTION E – OWN ERSHIP INFORMATION - CORPORATION Corporations LM, Li Ps and LPs must be registered with Me Dept of Coat umlitl, and Economic Devetapinent Name offrairy (CorporadenJl I GI LPlLP) for NM if an Individual ovnership), Telephone Nambcr Fax Number: a, Corporate Mailing Addmss r City, j state 17gr o i i j'G °�f C ltfa ----- K?... >✓tG='. r :t'.t' f ? /Jl f ,✓ ' ,� _ ._...._.. i_ Y' F- ✓ _. _.—� ' dame, Mailing Address Number at hegistervd Anent , Data of Incorporation OR Stan; of bicbrpai anon. �) T". Certification with D(' rt : +fi`rJhr7 f d. „ LL .L�.v�.�C ..F ✓`?07, 1'r r 5, Is the Lntiry m Goad 9tandmn xom dio Aiaska lAvision of Corpoomm�s u�".Yes 11 No 1 If no attach written esl>Ianahnn Your ent#t)musl bean cotnphaaaewith Tide 10 otiire Alaska Statutes robe avand liquor licensee. 3'ranwfer Nppiication Page 2 of 3 F 1 ",0 1 $t.tS ' h�d1f3 63 t + ' F PlgerlPNMkBIkegKrane ,� ,` � Tram der A.ppliration Page 3 of 3 119 COUNCIL ON MAY 10, 2012 KENAI SENIOR a P.M. RSIDING ITEM l: CALL TO ORDER Vice Chair Flowers called the meeting to order at approximately 4:37 p.m. I -a. Swearing in of officers • Edna Jones • Kurt Rogers Mayor Porter swore in Edna Jones and Kurt Rogers, Chair Necessary arrived at 4:40 p.m. and took over as chair. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present Chair M. Necessary, J. Holher, L. Flowers, M. Milewski, V. Geller, W. Nelson, K. Rogers, E. Jones B. Osborn Senior Center Director R. R. Marquis Craig, Council Member ITEM 2: AGENDA APPROVAL MOTION: Member Rogers MOVED to approve the agenda as presented and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 12, 2012 MOTION: Member Flowers MOVED to approve the meeting summary of April 12, 2012 and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Marilyn Kebschull, City Planner and Nancy Carver, Assistant to City Planner -- Kenai Comprehensive Plan Kebschull gave an overview of the Comprehensive Plan, noting the following: Quality of life (Parks, Senior Center) • Economic Development (jobs, land use) WAH ® Public Improvements (roads, harbor, assisted living) Transportation Parks (campgrounds, tourism) Hazards, Disasters Environmental Resources (wetlands, ecological environment) ITEM 5: OLD BUSINESS 5 -a. Discussion -- Meals on Wheels Policy General discussion occurred. The Commission will review at the next meeting with a motion for approval. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS 7 -a. Council on Aging Chair -- No report. 7 -b. Director -- Craig reported on a fundraiser for Herb Stettler, who lost his home to fire. 7 -c. Council Liaison -- Council Member Marquis reported on the April 23 budget work session. ITEM 8: NEXT MEETING ATTENDANCE NO'T`IFICATION $ -a. June 14, 2012 No commissioners requested an excused absence for the June 14, 2012 meeting. ITEM 9: QUESTI 2NS & COMMENTS None. ITEM ► : PERS014S NOT. ITEM 11: INFORMATION -- None. ITEM 12: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 6:02 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk F COUNCIL ON AGING MEETING MAY 10, 2012 PAGE 2 ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:03 p.m. Roll was confirmed as follows: Commissioners present: Chair H. Knackstedt, G. Feeken, K. Roser, R. Rogers, L. Porter Commissioners absent: J. Zirul, J. Bielefeld Staff /Council Liaison present: Airport Manager M. Bondurant, Administrative Assistant E. Shinn, Deputy City Clerk C. Hall A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Porter MOVED to approve the agenda as presented and Commissioner Rogers SECONDED the motion. There . were no objections. _ SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 12, 2012 MOTION: Commissioner Porter MOVED to approve the meeting summary of April 12, 2012 and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED, ITEM 4: PERSONS SCHEDULED TO BE BEARD 4-a, Aries Consultants -- Phase I Master Plan Report John Sanders, Aries Consultants reviewed Phase I of the Master Plan Report, noting summary of aviation activity forecasts, facility requirements, alternative development and evaluations, and environmental considerations. Casey Madden, Wince - Corthell- Bryson reviewed the three phases of the plan; investigate, requirements and alternatives, and preparation of the plan. ITEM 5: OLD BUSINESS -- None. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Artworks Alaska Request for Terminal Space Airport Manager Bondurant noted the space would be unmanned, housing artwork and a computer with the ability to purchase online. WEN 170 1. l,. .. Commnissioner Porter MOVED to recommend approval of the request and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair -- Knackstedt reported the airport's portion of the Comprehensive Plan was discussed at the May 9 work session of the Planning and Zoning Commission. 7 -h. Airport Manager -- Bondurant reported on the Great Alaska Aviation Trade Show, where she heard interest in the Air Fair; attended the FAA conference; and, reviewed the work completed on the June 9 Air Fair. 7 -c. City Council Liaison -- No report. ITEM S: NEXT MEETING ATTENDANCE NOTIFICATION S-a. June 14, 2012 No commissioners requested an excused absence from the June 14, 2012 meeting. ITEM 10. ITEM 11: 11 -a. 11 -6. 11 -c. 11 -e1. ITEM 12: COMMISSIONER COMMENTS AND QUESTIONS -- None. Balchen /Post Award Press Release FAA Airports Division Manager Email of 04 -18 -2012 April 2012 Enplanements Airport Manager's Report -- April 2012 Commissioner Rogers MOVED to adjourn and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:25 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk AIRPORT COMMISSION MEETING MAY 10, 2012 PAGE 2 May 3, 2012 Sandra Modigh 21.0 Fidaigo Ave., Ste. 200 Kenai, AK 99611 217 Secood Street, Suite 200 m Jmreau, Alaska 99801 Tel (907) 586 -1325 e rax (907) 463 -5480 m www.akmi.orS Alaska Municipal League Membership Dues for FY2013 MAY 0 7 N17 N LE Dues are calculated from the DCCED 2010 Certified Municipal Population figures for FY 2013 Programs. r Please pay upon receiving and make check payable to the Alaska Municipal League and mail to: Alaska Municipal League 217 Second Street, Suite 200 Juneau, Alaska 99801 If you have any questions, please call Kathie Wasserman or Sarah Geary at (877)636 -1325. itletnber of the National League of C itls�;gd the National Association of Counties May 3, 2012 Pat Porter 210 Fidalgo Ave., Ste. 200 Kenai, AK 99611 Dear Mayor, 217 Second Street, Suite 200 d Juneau, Alaska 99801 Tel (907) 586 -1325 P Fax (907) 463-5480 ® www.akml.org Enclosed, please find your billing for your Alaska Municipal League dues for FY 2013. The Alaska Municipal League is the only statewide organization that lobbies for Revenues Sharing, Secure Funding for Rural Schools (Timber Receipts) and Payment in Lieu of Taxes (PILT). All three of those funding sources bring much needed revenues to your community. This year, we were successful in not only maintaining the annual Revenue Sharing amount that we secured in 2007, but in also guaranteeing each municipality a 41 % increase in that amount. Those checks should arrive in your city sometime in July of 2012. Throughout the Legislative Session, we monitor and lobby on bills that will have an impact on your community and the way you do business. We have had, through our ability to join our voices, influence on bills ranging from PERS, to land use issues, to permitting, to taxing and local control. We also continue to keep you up -to -date on all state and federal issues that help you in your position as local elected officials. We provide the opportunity for all of you to have a voice in the positions we take. We send weekly ebulletins to you throughout the Legislative Session; along with a quarterly magazine which keeps you up on local government. We provide four opportunities for you to gather with other local elected officials and employees in order to receive training, information, and the chance to visit with your peers. We also give you the opportunity to take advantage of lower insurance rates through our "pooled" carrier, Alaska Municipal League Joint Insurance Association and /or to invest your money in a "pooled" investment account through the Alaska Municipal League Investment Pool. We are strong members of the National League of Cities (NLC) and the National Association of Counties (NACo) where we deal with federal issues that affect your Alaskan municipality. We keep in close touch with our Alaskan delegation and give you the added benefit of having their ear, as well. Alaska's municipalities are so much stronger when we address our issues together. We have a strong voice in our state capitol and with your help and support, we can continue to keep it that way. Your membership dues are what enable us to keep this office open and provide the staff that secures Revenue Sharing; keeps bad bills at bay; helps tackle Alaskan local government issues; helps lead you to the people you need to meet; and Member of the National League of Cities and the National Association of Counties 126 gives you and your fellow Assembly /Council members and employees training and information in order to run a more efficient and effective local government. Please don't hesitate to be a part of this very strong organization. We need ALL of us. Please call our office anytime for help with any municipal need or question you may have. Sincerely, Kathie Wasserman Executive Director 0 Page 2 IWAU May 3, 2012 MEMORANDUM OF UNDERSTANDING AMONG THE CHUGACH NATIONAL FOREST 11 -MU- 11100400 -1.21 THE KENAI NATIONAL WILDLIFE REFUGE THE ALASKA DEPARTMENT OF NATURAL RESOURCES THE CITY OF SOLDOTNA KENAI PENINSULA BOROUGH THE CITY OF KENAI i. WHEREAS, all parties signatory to this Memorandum of Understanding (MOU) recognize the importance of providing public recreational opportunities to the general public on public lands while protecting cultural and natural resources; WHEREAS, the Stream Watch volunteer program has been proven successful at assisting natural resource management agencies specifically in areas of high popularity such as the Upper Kenai and Russian River area; WHEREAS, successful volunteer efforts on the Upper Kenai and Russian Rivers include providing education to the public related to habitat and riparian area protection, bear awareness, ethical angling techniques, and agency regulations. In addition, on -the- ground stewardship projects such as mending habitat fences, maintaining signage, and assisting in special projects are completed as needed. WHEREAS, the signatory parties under this agreement are expanding the Stream Watch program from the Kenai - Russian Rivers' confluence area to other selected locations on the Kenai Peninsula to assist the land managing agencies in stewardship objectives and in providing education to the public in a non - regulatory manner; NOW, THEREFORE, BE IT RESOLVED THAT EACH OF THE SIGNATORY ENTITIES TO THIS MOU AGREE TO THE FOLLOWING: 1. TERM. This MOU is executed as of the date of the last signature and is effective for five years at which time it will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory officials. 2. NON -FUND OBLIGATION DOCUMENT, This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer funds. Specific projects or activities that involve the transfer of funds, services, or property among the parties require execution of separate agreements and are contingent upon the availability of Page 1 of 10 appropriated funds. These activities must be independently authorized by statute. This MOU does not provide that authority. Negotiation, execution, and administration of these agreements must comply with all applicable laws. Each party operates under its own laws, regulations, and policies, subject to the availability of appropriated funds. Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory authority. 3. STEERING COMMITTEE REPRESENTATION. The Cooperators will provide program oversight through steering committee representation. The steering committee will meet no less than twice a year for program evaluation and to endorse an annual operations plan. The plan will identify need, funding and site logistics (i.e. location, timing, key messages & site projects). Upon agreement, the Cooperators in partnership with the Kenai Watershed Forum agree to implement the plan assigned, subject to funding and personnel, to the best of each cooperator's ability. An annual report will be developed by program personnel and provided to all Cooperators no later than December 1, of each year. 4. PROGRAM INTERESTS. The Cooperators will continue to work together to develop programmatic form and function, maintain open communication, and develop annual operations with the following mutual interests: A. Maintain political neutrality and non - advocacy D. Maintain hands on restoration and education focus C. Maintain a common purpose throughout jurisdictions D. Foster reasonable consistency of messaging for users (recreationists) E. Maintain and enhance volunteer workforce capacity F. Make transitions and growth into other areas seamless to existing volunteers G. Develop sound criteria for any expansion beyond sites established in 2011 . Leverage relationships, collaboration and partnerships with Government agencies, NGO's and private enterprise to sustain and promote the program. �. MODIFICATION. Modifications within the scope of this MOU must be made by mutual consent of the Cooperators, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modifications should be made, in writing, at least 60 days prior to implementation of the requested change. 6. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this instrument, or benefits that may arise there from, either directly or indirectly. FREEDOM OF INFORMATION ACT. Public access to grant or agreement records must not be limited, except when such records must be kept confidential and would have been excepted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Page 2 of 10 Mtl B. TERMINATION. Any of the parties, in writing, may terminate this instrument in whole, or in part, at any time before the date of expiration. 9. DEBARMENT AND SUSPENSION, The Cooperators shall immediately inform the federal agencies if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the Cooperators or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the federal agencies without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. 10. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging White Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. 11.NON- LIABILITY. The Cooperators do not assume liability for any third party claims for damages arising out of this instrument. 12. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals. 13. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual cooperators are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the Parties hereto have executed this MOU as of the last date written below. Page 3 of 10 ME MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11- MU- 1.1100400 -121 The Kenai National Wildlife Refuge The Alaska Department of Natural Resources The City Of Soldotrna. Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forurn Signatory for the Chugach National Forest: i � cif r''"'': �yL`� ice. // fI t c7/,.f,��7, i~1�._..- i' Z- •F'_...t' 1:` A,�" Terri Marceron, Forest Supervisor Date 1� Principal Contacts: Name: Bobbie JoSlc bo Name't Pam Wiese Address: Po Box 390 Address; 5985 Hwy K City, State, Zip: Seward, AK, 99664 City, State, Zip: Rhinelander, Wl 54501 Telephone: 907 -288 -7739 [ Telephone: 715. 362 -1106 FAX: 907 -288 -2042 FAX: 715- 362 -1166 Email: bsk:bo0 fs.fed,ns Email: pinrwiese@fs.fied.us The authority and format of this agreement have been reviewed and approved for — signature. PAMELA M. WIESE U.S. Forest Service Grants &Agreements Specialist Page 4 of 10 MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11-MU-11100400-121 The Kenai National Wildlife Refuge The Alaska Department of Natural Resources The City Of Soldotna Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forum. Signatory for the Kenai National Wildlife Refuge: t Refuge Manager Date Principal Contacts; Program Contact Administrative Contact Name: Janet Schmidt Names r o o"e lea if s. Address: u5r -w: -, 00' aO'( 2 i:9 Address: t139u>� F 2i C ty, state, zip: s tc ,�� K � j City, state, zsp:So tc o�-qct 4v- C?Q Telephone: kUZ- "2�' -L- 7 Lt Telephone: RD —1. 2.tez -: - r�2i FAX: X10 7- 2tp2 - 35 2 FAX: 9(0`7- &4G - - 35' t R Emails Finafl• teic a ies @L. ?Cv Page 5 of 10 MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11-MU-11100400-121 The Kenai National Wildlife Refuge The Alaska Department of Natural Resources The City Of Soldetna Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forum SignatoiT.fGr-tIWATa'�ka-Department of Natural Resources: Commissioner Date Pringpal-carktacts' Pro ram 4 bra aGt Administrative Contact Name: Jac]< Sinclair Name: Address: PO Box 1247 Address: City, State, Zip: Soldotna, AK 99669 City, State, Zip: Telephone: 907-262-5581 ext I Telephone: FAX: FAX: Email: jack.sinclair@alaska.gov Email: Page 6 of 10 WE MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11-MU-11100400-121 The Kenai National Wildlife Refuge The Alaska Department of Natural Resources The City Of-Soldotna Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forum Signrratory for the City Of Saldotna: Date Principal Contacts: Program Contact Administrative Contact Name: Andrew Carmichael Name: Larry Semmens Address: Address; 177 N, Birch City, State, Zip: City, State, Zip: Soldotna AK, 99669 Telephone: Telephone: (907) 262-9107 xtn 1227 FAX: FAX: Email: Email: Page 7 of 10 0M MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11 -MU- 11100400 -121 The Kenai National Wildlife Refuge The Alaska Deparunent of Natural Resources The City Df Soldotna Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forum Signatory for the Kenai Peninsula Borough: 21/-71 "i.g'. Mayor Date / principal Contacts: Program Contact _�_ Administrative Contact Name: John Mohorcich Nance: Address Address: I City, State "Lip: City, State, Zip: Telephones ,907j 774 -1462 Telephone: FAX: ( FAX: h rnailaimohord @borough.kena Laic Lis Email: L Page 8 of 10 MR MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest I I -MU- 1 1100400-121 The Kenai National Wildlife Refuge The Alaska Department of Natural Resources The City Of Soldotna Kenai Peninsula Borough The City 01 Kenai And The Kenai Watershed Forum Signatory for' he City of Kenai: Mayor Principal Contacts: Proarant Contaet t Administrative Contact Name: Bob Frates — ��rName: Rich Koch, City Manager —i Address: 210 Fidalgo Ave: I Address: 210 Fidalgo Ave, City, State, Zip: Kenai, AK 99611 City, State, Zip: Kenai, AK 99611 Telephone. (907) 283 -3692 Telephone: (909) 283,8222 FAX: FAY: Email: bfrates �+ ci.kenai.alc-us Finati; rt1 <och oia�enai:ala.us Page 9 of I0 MEMORANDUM OF UNDERSTANDING Between The Chugach National Forest 11 -MU- 11100400 -121 The Kenai National Wildlife Refuge The Alaska department of Natural Resources The City OfSoldotne. Kenai Peninsula Borough The City Of Kenai And The Kenai Watershed Forum ErllGC wal:Go11ta.cts - ?3-12 Date Pra r!m Contact Administrative Contact Name: Robert Ruffner Name; Rhonda Orth Address; PO Box 2937 Address: PO Box 2937 City, State, Zip: Soldatna AK 99669 City, State, Zip: Soldorna AK 996699 ; Telephone: (907) 260.5449 Telephone: (907) 260 -5449 FAX- (907) 260.5412 FAX:: (907) 260 -5412 Email: robert@kenaiwatershed.org Email: rhonda@kenaiwatershed.org Page' 10 of 10 To: Mayor Porter Council Members 'Village with a Pass, Ci witk a Future ®p FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 I FAX: 907 - 283 -3014 I'117 Rick Koch, City Manager ` Fiona: 'berry Eubank, Finance Director Date: May 30, 2012 Re: Resolution 2007 -20 requiring annual notification of all City bank accounts and check signers. The following list is provided in compliance with resolution 2007 -20. The following people are authorized to sign checks: Rick Koch, City Manager Christine Williamson, Utility Billing Acct. Sandra Modigh, City Clerk Christine Cunningham, Asst. to City Manager Terry Eubank, Finance Director Robin Adams, Accountant The City maintains two checking accounts at Wells Fargo, the City's general checking account and an account for ambulance billing collections. A $20,000 interest bearing certificate of deposit for the Vintage Pointe Rental Trust is also maintained at Wells Fargo. The City maintains a third party custodial relationship with Bank of New York to c ollateralize deposits at Wells Fargo that exceed federal deposit insurance amounts of $250,000. The City has relationships with various investment brokers. Wells Fargo Trust holds all securities purchased. City Manager Rick Koch, Finance Director Terry Eubank, and Accountant Robin Adams are authorized to initiate investments transactions. The City maintains an account with Key Bank for investments in the Alaska Municipal League Investment Pool. This account provides a highly liquid cash depository for the City's investment portfolio. If there are any questions about banking or investments please contact me Om ♦. PURCHASE ORDERS BETWEEN $2,500,00 AND $16,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JUNE 6, 2012 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT KUSTOM SIGNALS TRAILER SOLAR PANEL UPGRADE POLICE MACHINERY & EQUIPMENT 3,442.00 ALASKA SURE SEAL CRACK SEALER AIRPORT REPAIR & MAINTENANCE 12,150.00 EBSCO ANNUAL MAGAZINE SUBSCRIPTIONS LIBRARY BOOKS 3,672,74 UNIVAR ROAD SALT STREETS OPERATING SUPPLIES 5,166m NALCO COMPANY COAGULANT, POLYMER WATER OPERATING SUPPLIES 14,391.45 FERGUSON ENTERPRISES HOSE FOR VACTOR TRUCK SHOP OPERATING SUPPLIES 3,000.86 UNITED STALES PLASTIC CORP BULK STORAGE TANK WATER TREATMENT FAC. CONSTRUCTION 2,607.60 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,900.00 AMAZON COM BOOKS LIBRARY BOOKS 4,900,00 LN CURTIS BLITZFIRE MONITOR, INTAKE VALVE FIRE $WALL TOOLS 4,347.06 FOSTER CONSTRUCTION WARNING LITIES MEIALWORKS ALASKA OIL SALES YUKON EQUIPMENT YUKON EQUIPMENT ALASKA SURE SEAL D-1 GRAVEL SIGN POST MAI ERIALS RACK FOR SANDING TRUCK FLOAT PLANE BASIN FUEL TRAIL CONSTRUCTION STREETS AIRPORT AIRPORT BROOMS STREETS ANNUAL ARFF TRUCK INSPECTION SHOP SEAL COAfl,9TRIPE SENIOR CENTER LOT STREETS CONSTRUCTION 14,944,00 OPERATING SUPPLIES 5,565.00 REPAIR & MAINTENANCE 4,28ri 00 OPERATING SUPPLIES 4,000,00 OPERATING SUPPLIES 8,471.28 REPAIR & MAINTENANCE 3,800.00 REPAIR & MAINTENANCE 10:503.00 ,,he Kenaitze Indian Tribe is federally recognized under the Indian Reorganization Act of 1934 (IRA), as amended for Alaska in 1936, as a sovereign independent nation. Many of (' the Tribe's more than 1,400 members live on the Kenai Peninsula and in Anchorage, while others live throughout Alaska and as far away as New York, Florida, Texas and California. During its annual meetings, the Tribe elects the members of its Executive Council to serve staggered two -year terms and govern the Tribe in accordance with the Tribe's Constitution, By -Laws, Ordinances and Resolutions. The Executive Council appoints the Executive Director, who implements established Council policy and procedures through programs and services that enhance and support the continued growth and success of the Tribe. The Tribe's strong financial position and balanced budget enables it to deliver more than $12 million in programs and services conducted to cant' out the Tribe's Mission: "To assure Kahtnuht'ana Dena'ina thrive forever. "These programs and services ensure that Tribal members have access to an increasing number of health care, social service, justice, education, and employment services and opportunities. Two- thirds of Tribal revenues come from federal, state and privately funded grants. One -third of revenues comes from 3rd party revenues (insurance, Medicaid, Medicare) generated by our health care programs. The Tribal organization is comprised of three Divisions and four functions, which are each overseen by a director. The directors manage Health Systems, Community Programs, Housing Services and administrative functions such as Accounting, Information Technology, and Human Relations. The Tribe places special emphasis on the hiring and training of Tribal members, and on increasing awareness of Dena'ina language and culture both in the workplace and within our community. Priority projects for the Tribal Council and staff have included fundraising for and finalizing the design of the new Dena'ina Wellness Center.This facility will integrate all health care services in one location, improving efficiency of services and increasing continuity of care and convenience forthe more than 5,000 people whom the Tribe now serves.The new center is anticipated to generate 50 newjobs for Tribal members and community residents in the first year of operation. Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99611 Phone: (907) 335 -7200, Fax: (907) 335 -7239, www.kenaitze.org ME Honor and respect is central element of Dena'ina culture. Kenaitze Indian Tribe's Elder service program aims to prevent isolation, provide healthy activities and access to healthy choices, and ensure independent living for Elders. Tyotkas also provides information and resources to family members who care for parents, grandparents or older relatives. Tyotkas serves over 125 Elders and aims to improve quality of life through fostering an environment of quality, dignity and pride. Services include the Elders'lunch program, the caregiver support program, transportation, home visits, abuse and neglect prevention, the Elder advocate program, exercise programs, field trips, traditional and non- traditional crafts, and much more! Hours of operation: Tyotitas is open from 8 a.m. - 5 p.m. (Monday- Friday) Lunch is served from 11 a.m. — 1 p.m. (Monday- Friday) Other schedules vary by service. Location and Contact Information: Tyotkas Elder Services 1000 Mission Avenue Kenai, Alaska 99611 (907) 335 -7280 Kahtnuht'ana Dena'ina Values include Stewardship: respectful use of land, resources and all creations. It is our strong belief that we are each responsible to be stewards of our land and resources. Last year the KIT Environmental Program accomplished several environmental protection goals, and, this ,year, we are continuing the following projects and activities to demonstrate our Values. Wetlands Protection We completed a Wetlands Protection grant from the Environmental Protection Agency, which incorporated Tribal field workers attending live fish traps o €juvenile salmon, culvert assessments and observations of these potential salmon streams. We located and added 20 miles of salmon streams, which will now be protected habitat, and will help produce salmon for generations to come. Wildwood Project The Native American Lands Environmental Mitigation Program (NALEMP) has funded training and cleanup activities for the former Wildwood military site, now owned by Kenaitze Native Association. Previous activities included assessing the extent of soil contamination and removing concrete debris from the site. This season the Wildwood crew continues to safely remove the contaminated soil. These efforts will restore KNA property to Its natural state. Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99511 Phone: (907) 335 -7200, Fax: (907) 335 -7239, www.kenaitze.org F Environmental Science Camp Kenaitze IndianTribes's Environmental Program also operates the KIT Environmental Program Camps, which will be held again this year.These fun camps not only help KITyouth learn ourtraditional stewardship values, but also generate interest in possible careers in environmental sciences. Janteh Day Camp is a day camp in July that introduces young studentsto environmental education and conservation. Kahtnu Qayeh (Camp Kenai) is a science camp based on traditional ecological knowledge for students ages 9 to 12. Hours of operation: Office hours are 8 a.m. - 5 p.m. (Monday - Friday) Location and Contact Information: BrendaTrefon, (907) 283 -3288 502 Overland Ave., Kenai, Alaska 99611 We strive to create a community that supports and cares for one another. Kenaitze Indian Tribe has created a network of service programs that offer assistance to individuals and families in need and working toward self- sufficiency. These programs include: general assistance to help offset monthly expenses for food, clothing, shelter and utilities; burial and funeral assistance; emergency assistance in the event of a disaster such as fire or flood; and energy assistance to help offset home heating or electric expenses. Additional emergency services include our Food Bank and the Moose Road Kill Program. It is our priority to provide food to those in need, and we keep as much emergency food provisions on hand as possible. We work with various community partners to provide opportunities for families and individuals in need to take part in the Moose Road Kill Program.To sign up, please contact us at the information below. Kenaftze Indian Tribe is committed to continuously improving services to best meet the needs of our customers. As such, KIT is in the midst of reorganizing our social service programs to enhance collaboration and add continuity of care and convenience for our customers. Under this new structure, KIT social service programs that address immediate needs will be co- located in one facility. Customers will only need to visit one location and fill out one intake form to access any or all of these services. This will decrease application and processing times - allowing KIT to meet customer needs more quickly and effectively. We are excited about the improvements being made to create more complete and convenient access to services during times of need. Please look for more information on the progress of these improvements during the next few months. Hours of operation: Office hours are 8 a.m. - 5 p.m. {Monday- Friday) Location and Contact Information: 150 North Willow street, Kenai, Alaska 99611 (907) 335 -7200 Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99611 Phone: (907) 335 -7200, Fax: (907) 335 -7239, www.lcenaitze.org LEW This prevention and early intervention program helps our youth understand our culture and develop life skills through fun activities young people really enjoy, including the Jabiia'ina Dance Group, the Del Duml Intertribal Drum Group, and the Ggugguyni Native Youth Olympic Team. This spring our youth are relearning the ancient skill of archery. To get a good idea of what Yaghanen is all about, watch the video titled "Ice Patch Expedition 2011," one of several videos produced by our Kenaitze youth who participated in a Yaghanen expedition into traditional hunting grounds high in the Kenai Mountains. These videos are posted on the web and can be found at www.YouTube.com. Kenaitze ancestors, recognizing the abundance of the place called Yaghanen, "the good land," settled along the banks of its rivers and Tikahtnu, otherwise known as the Cook Inlet. In the past several years, one location we have focused on is Sqllantnu, meaning "the grocery store,' located in the area now called Cooper Landing. Today, Kenaitze Indian Tribe partners with the Chugach National Forest to preserve, protect and provide interpretation forth is location at the K'Beq "'footprints "interpretive site. At K'Beq; Tribal members share traditions and culture with visitors through interpretive walks featuring the archeological site and traditional plant use during the months of June through September. Hours of operation: Office hours are 9 a.m. - 6 p.m. (Monday- Friday) Location and Contact Information: Michael Bernard, (907) 335 -7290, 35105 K -B Drive, Soldotna, Alaska 99669 The Kenaitze Indian Tribe's Tribal Fishery teaches the importance of preserving the cultural and traditional way of life established by the early Dena'ina.The program brings together people of ail ages creating a sense of unity that helps ensure our cultural and traditional values thrive for future generations. Each season, KIT sets two six - fathom nets at traditional fishing sites along the Kahtnu (Kenai), Ggasilahtnu (Kasilof) and Yaghehtnu (Swanson) Rivers, which are allowed 8,000 salmon per year. Priority for scheduling the net is given to Tribal members who wish to gather their food for the year. KIT's Tribal programs also conduct Fish Camps as part of our educational curriculum, where youth, Elders and guests practice traditional methods of setting the net, identifying salmon species, cleaning fish and preserving them for winter. The Educational Fishery is administered by the Tribal Council through a permit from the State of Alaska. KIT shares the fishery permit with members of the Salamatof Tribe. The Educational Fishery is administered by the Tribal Council through a permit from the State of Alaska. KIT shares the fishery permit with members of the Salamatof Tribe. Hours of operation: The Tribal Fishery runs annually from May i through November 30. Location and Contact Information: Please contact Elsie Kanayurak at 335 -7200 to schedule net time. Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99611 Phone: (907 335 -7200, Fax: (907) 335 -7239, www.kenaitze.org MN Today's children are tomorrow's leaders. Getting our children off to a good start is important for preserving the future of our people. The Kenaitze Indian Tribe's Cuya Qyut'anen Early Childhood Center offers a Head Start Program, which uses our locally developed curriculum to integrate the Denaina language into our classrooms. The Center emphasizes family support and involvement and offers regular family events and activities, The Center also works closelywith its community partnersto provide dental and health screenings, nutrition services, daily physical activity and a variety of programs for children with special needs. This year, the Center will see one of its first -year Head Start students graduate high school! We are proud of this milestone and look forward to seeing many more Head Start alumni through their student careers. Hours of operationt Part -day Head Start Program operates from 10 a.m. — 2:30 p.m. (Tuesday - Friday, 128 days /year) Location and Contact Information. Cuya Qyuf anen Early Childhood Center, (907) 335 -7260 130 North Willow Street, Kenai, Alaska 99611 Kenaitze Indian Tribe has a variety of programs to help individuals achieve success in the academic and work environments. These programs offers full range of services designed to strengthen the economic wellbeing of our Tribal members and our community through the creation of jobs, education and training opportunities. Kenaitze Indian Tribe offers funds toward vocational and on -the -job training, as well as assistance with resume writing, job referrals, career assessments,job listing and job search skills. Kahtnuht'ana DenaIna Values include Education: "passing down cultural knowledge and traditions and supporting formal education.. "As such, KIT is pleased to announce its Tribal Membership Scholarship Fund to assist Tribal members pursuing higher education. TheTribal Council has designated $250,000 to provide financial support to Tribal members enrolled in a degree program at an accredited college, university or trade school. Hours of operation: Office hours are 8 a.m. - 5 p.m. (Monday - Friday) Locations and Contact Information: Sondra Shag!noff-Stuart, (907) 335 -7200 750 North Willow Street, Kenai, Alaska 99611 Mr Kenaltze Indian Tribe understands and values a holistic, person - centered approach to wellness. KIT offers a wide variety of medical, behavioral health, chemical dependency, dental and wellness programs to work toward a balance among physical, spiritual, emotional and social health. Currently, primary care and medical services are offered through the Dena'ina Health Clinic and include care teams consisting of physicians, advanced nurse practitioners, certified physician assistants, an RN case manager and medical assistants. Each customer of the Clinic has his/her own care team, which is supported by a wellness department offering diabetes prevention, lifestyle coaching, nutritional assessment, tobacco cessation, fitness evaluation, digital storytelling and activity programs. Our in -house laboratory and digital radiology capabilities provide essential diagnostic resources. We provide care coordination with specialty services offered through Alaska Native Medical Center and local -area hospitals and clinics. Hours of operation: Clinic hours are 9 a.m. - 5 p.m. (Monday- Saturday) Location and Contact Information: Dena'ina Health Clinic, (907) 335 -7300 416 Frontage Road, Suite 200, Kenai, Alaska 99611 Dena'ina Dental Clinic provides primary dental services and offers a wide range of general dentistry needs, including exams, x -rays, cleanings, filings, emergency treatment and some specialty treatment. Emphasis is placed on Prevention and education to reduce the amount of dental decay and dental emergencies. The Dena'ina Dental Clinic also partners with the Kenaltze Head Start Program to provide annual detail exams and biannual fluoride treatments. Dena'ina Dental Clinic provides assistance with referrals to Alaska Native Medical Center as needed. Hours of operation: Clinic hours are 8 a.m. -,5 p.m. (Monday- Friday) Emergency appointments are available by calling the phone number below. Location and Contact Information: Dena'ina Dental Clinic, (907) 335 -7350 412 Frontage Road, Suite 20, Kenai, Alaska 99611 Nakenu Family Center is a comprehensive behavioral health: and chemical dependency treatment facility offering individual and family services to Tribal members, Alaska Native and American Indian people, and community members at large. Behavioral health services include individual and family therapy, interactive play therapy for children, crisis intervention and a variety of other therapeutic groups. The Nakenu Chemical Dependency Recovery Program works with individuals and families whose lives have been impacted by substance abuse and/ or dependency. Early intervention, outpatient and continuing care services are available onsite, as well as assistance with transitions to residential treatment programs. Customers of Nakenu Family Center benefit from comprehensive assessments, treatment recommendations specific to individual needs, and support services to assist in successful outcomes. Care is provided in a culturally relevant environment and incorporates traditional activities such as arts and crafts, fishing, drumming and Talking Circles. Hours of operation: Office hours are 8 a.m. - 5 p.m. (Monday- Friday) Location and Contact Information: Nakenu Family Center, (907) 335 -7370 110 North Willow Street, Kenai, Alaska 99611 Kenaitze Indian Tribe has received an Indian Health Service (IHS) Joint Venture award to operate a healthcare facility In Old -Town Kenai. The new Dena'ina Wellness Center will offer medical, dental, behavioral health, chemical dependency, physical therapy, pharmacy and traditional healing services all in one location - enhancing both convenience and continuity of care forour customers.The 52,000 square -foot facility will serve more than 3,000 Alaska Native and American Indian people on the central Kenai Peninsula, All State of Alaska- sponsored programs, including Community Mental Health Services, will be open to the public. The DenaSna Wellriess Center is one of only three projects nationwide selected by IHS for the highly competitive program in FY 2011, Under this agreement, KIT will design and construct the new facility, and IHS will provide funding for its operation and maintenance for a minimum of 20 years. The size of the Center is determined by a feasibility study and based on the funding commitment from IHS. In addition to providing exceptionally high- quality services, the new Dena'ina Wellness Center will serve as a strong community partner, benefiting Kenai and the surrounding area. The new facility is expected to create 50 newjobs in its first year of operation and will bring over $200 million in federal funding to the community over the next 20 years. Questions? Contact: Jaylene Peterson- Nyren, Executive Director ( 907) 335- 7200,jpnyren @kenaitze.org Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99611 Phone: (907) 335 -7200, Fax: (907) 335 -7239, www.kenaltze.org PM. Dena'ina Athapascan people have historically resolved dispute and conflict, maintained community peace and delivered justice among each other using traditional Athabascan laws, customs and practices. Written Tribal codes give authority and jurisdiction to hear and adjudicate matters concerning child protection, voluntary relinquishment and involuntary termination of parent rights, Tribal adoption, child custody, domestic violence, marriage, divorce and annulments, protection for Elders and vulnerable adults, and conservatorship and guardianship. Today, the Nitghu k't'uch'genashen Tribal Court (meaning "One Who Talks for Equity') aims to acknowledge and honor our traditional customs for the purpose of preserving, strengthening and ensuring justice on behalf of our families into the future. Hours of operation: Office hours are 8 a.m. - 5 p.m, (Monday- Friday) Location and Contact Information: Chief Tribal Court Judge Kim Franke, (907) 335 -7200 150 North Willow Street, Kenai, Alaska 99611 The Tribal Youth Justice Program serves Alaska Native and American Indian youth dealing with issues that have led to delinquency, of that threaten to do so. The program provides Talking Circles to allow youth, their family and community members to engage in dialogues to address core issues in an environment of respect, honesty, responsibility and honor. Hours of operation: Office hours are 8 a.m. - 5 p.m. (Monday - Friday) Location and Contact Information: Curt Shuey, (907) 335-7370 110 North Willow Street, Kenai, Alaska 99611 : Kenaitze Indian Tribe has partnered with the national Court Appointed Special Advocates Program to empower and educate people to speak for our children in the strength and understanding of our culture and traditions. KIT's Tribal CASA Program has grown tremendously overthe last several years and is now a nationally recognized CASA Program - in fact, we have completed contracts to help start other Tribal programs across the state. Want to make a difference in a child's life? Ur'sTribal CASA Program needs volunteers to serve as independent third -party officers of the court, advocating for the best interests of our children. We need you! If you're interested in becoming a child advocate, please contact us at the information below. For more information on the national CASA Program, visit www.CASAforChiidren.org. Hours of operation: Office hours are 8 a.m. - 5 p.m. (Monday - Friday) Location and Contact Information: Kym Miller, (907) 335 -7200 150 North Willow Street, Kenai, Alaska 99611 I 'D The Snow Plowing /Sanding Program is available for eligible Elders and disabled individuals. The program provides the plowing /sanding service at no charge, helping make their winter a little bit easier. The Safe Home Program helps to renovate and repair homes of Kenaitze and Salamatof Tribal members, as well as those of other Alaska Natives and American Indians. The program addresses health and safety issues by providing disabled accessibility, and smoke and carbon monoxide detectors. The program also helps increase housing efficiency by providing new roofs, energy - efficient heating systems, weatherization and even energy - efficient light bulbs. The Ames Road Project is the Tribal Housing plan for the old garden and greenhouse site located at the end of Ames Road to become an energy - efficient, sustainable community. The initial phase will be an eight -unit residential complex for income - qualified Elders and families to live together in a traditional setting. This project will promote Tribal beliefs and ways by bringing Elders and new families together in the community in the same way villages did in days past. Not only can the young families benefit from the Elders'experience and wisdom, but also the Elders will be shown they are still significant and needed. Hours of Operation: Office hours are 8 a.m. - 5 p.m. (Monday — Friday) Location and Contact Information: Rusty Swan 150 (North Willow Street Kenai, Alaska 99611 (907) 335 -7200 Kenaitze Indian Tribe, P.O. Sox 988, Kenai, Alaska, 99611 Phone: (907) 335 -7200, Fax: (907) 335 -7239, www.kenaitze.org 148 - Greeter /Host Intake Specialists (4) Benefits Coordinator Barista E,+ Patient Account Representative Medical Coder Accounting /Contract Health Services Clerk IT Site Manager ITTechnician Quality Improvement /Assurance Officer Administrative Assistants (2) Facility Support Manager Custodians (3) Maintenance Worker (2) Security Officer (2) Warehouseman Expeditor Purchasing Clerk Clinical Positions Clinical Administrator Physical Activities Attendants (2) Clinical Medical Assistants (2) Health Educators (2) Behavioralist Clinical Case Managers (3) Panel Management Assistant Clinical Support Coordinator +..f e �.„ "p( Optometrist Optometrist Assistant Medical Technologist Pharmacist Pharmacy Technician Physical Therapist Traditional Healer Dentist Dental Hygienist Dental Assistants (2) F r�ra�r el Youth Services Assistant For minimum qualifications, contact the Kenaitze Indian Tribe Human Resources Department at (407) 335 -7200 or at hr @kenaitze.org. For education and training assistance, contact the Education & Career Services Department at (907) 335 -7200 or at education @kenaitze.org. p We are honored have rt Veterans Administration o our area r` all d Burial Benefits. If yo are or r' .3 Veteran r of assistanclzr- pleast attend this r._ -, err DATE: JUNE 13TH, 201-2 s ( a x i LOCATION HEALTH DENAVINA CLINIC PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece SS: being f"arst duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legais 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: June 4, 2012 in the issues on the E =e_ SUBSCRIBED AND SWORN to the before i 6th da. of June 2012 NOTARY PUBLIC in favor for the State of Alaska. My Connnission expires 26- Aug -12 t4OTAP,y e f'UBilG AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 6, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http.//www.ci.kenai. a k. u s TEM B; SCHEDULED-PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) . Kathy Musick, Jersey Subs, Inc. -- Relocation of Jersey Subs after Roof Failure. TEM D: PUBLIC HEARINGS Ordinance No. 2631 -2012 -- Increasing Estimated Revenues and Appropriations by $894 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. 2. Ordinance No. 2632-2012 -- Increasing Estimated Revenues and Appropriations by 31,505.92 in the General Fund for State Traffic Grant Overtime Expenditures. Ordinance No. 2633 -2012 -- Increasing Estimated Revenues and Appropriations by $7,352.43 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2634-2012 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. 5. Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to the Purchase of Significant Equipment on a Predetermined Replacement Schedule. Substitute Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to Allow the Purchase of Equipment Other than "Heavy Equipment" Costing in Excess of $50,000. 7. Ordinance No. 2636 -2012 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel' Including, 2330.010 Entitled, "Employee Classification ": and, 23.55 Fiscal Year 2013 Operating Budget Salary Schedule. 8. Ordinance No. 2637 -2012 -- Increasing Estimated Revenues and Appropriations by $120,000 in the Information Technology Capital Project Fund for a Voice over Internet Protocol Phone System for Which Funding was Provided as Part of the FY2013 Budget. 9, Resolution No. 2012 -26 -- Awarding a Contract to Alaska Roadbuilders, Inc. for the Project Entitled, "James Street Paving Lid 2012" for the Total Amount of $167,479. Resolution No. 2012 -27 -- Authorizing a Budget Transfer of $15,000 within the Water Department to Purchase a Fork Lift. Resolution No. 2012 -28 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. 2. Resolution No. 2012 -29 -- Amending Its Comprehensive Schedule Of Rates, Charges, and Fees for Changes Adopted During the Fy2013 Budget Process to Include Increasing Camping and Parking Fees Associated with the Personal Use Fishery on the City's North And South Beaches And Fees for Water and Sewer Service. 13. Resolution No. 201240 -- Authorizing a Budget Transfer within the General Fund for the Purchase of Radios and Accessories for the Communication Needs of the Streets Department. 14, Resolution No. 2012 -31 -- Authorizing a Budget Transfer within the General Fund for External Legal Assistance Related to Land Issues. 15. Resolution No. 2012 -32 -- Authorizing a Budget Transfer of $10,000 within the Police Department Budget for Fuel Costs in Excess of Budgeted Amounts. ITEM 0: NEW BUSINESS 1. Action /Approval - Bills to be Ratified. 2. Action /Approval - Purchase Orders Exceeding $15,000. Action /Approval -- Special Use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5. Cook Inlet Industrial Park and Adjacent 50' Right -of -Way. 4. Action /Approval - Concession Agreement with Bunny Swan Gease d /b /a Artworks Alaska for Space No. 17 at the Kenai Municipal Airport Terminal. 5. Action /Approval -- Consent to Assignment and Assumption of Lease Agreement from L & M Ventures, Inc., Michael J. Lott, Natasha Lott. and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision. 6. Action /Approval -City Manager to Enter into a Memorandum of Agreement (MOA) Regarding the Transfer of Beaver Loop Roadway to the City of Kenai. 7. Discussion -- Set Board of Adjustment Hearing Date -- Appeal of Condemnation Order of Mobile Home(s) in SPC 44 at Highland Mobile Home Park. 5125 Silver Salmon Drive, Kenai, Alaska, of May 7, 2012. by Larry Floyd. City of Kenai Building Inspector. 8. Discussion -- Council Policy for Commission, Committee, Board and Council on Aging Meetings and Works Sessions - Work Sessions. 'Action /Approval -- Transfer of Liquor License and Name Change -- Main Street Tap & Grill. ITEM L: EXECUTIVE SESSION -- None. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http.iiwww.ci.kenai.ak.us. Sandra Modigh, CMC, City Clerk D268/211