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HomeMy WebLinkAbout2007-11-07 Council PacketMAKE 26 PACKET COUNCIL PACKET DISTRIBUTION i COUNCIL MEETLN6 DATE: _~`; -;~~~~` i Mn or/Council ~, ` ~ Attorne ~' Tn lor/5 rin er ~ Cierk `~~'` C~t Manager ~ Kebschull/Carver ~~" ~ Police De artment ~' Finance ~ Engineer ~~' Senior Center ~e° Air ort ~,,.' Kim ~°'° ~ Librar ~'~ Parks & Recreation ~~ Clarion "'~ Fire De artment ~.' Schmidt U°` Mellish " Student Re . ~ ° KSRM y' AGENDA DISTRIBUTION Sewer TreQtment Plant ,,~ Streets ~`" Sho ~ Dock ~+~'~ Building Maintenance ~~ Animal Control ~y' Wnter/Sewer z~ Counter '~ DELIVER Council and Student Representntive Packefs to Police Department Dispatch desk. The Clnrion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the ngenda published by the Clarion should be emniled ns soon as possible on pncket day. The cnmera-ready agenda c:/myfiles/documents/minutes/agenda torm for pnper) is emailed to Denise at Peninsulo Clorion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@ncsnlnska.net). Home Page documents (agenda, resolutions, ordinnnces for public hearing, and ordinances for introduction) nre usucally emailed to me and I hold them in my NTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpnge as soon ns possible before lenving the office for the weekend. ~ w 0 m ~ m a > ~ ~ U' >- (W,~) ~ CC W ' ~ ~ O W QI ~ Q, ~ (~ ~- m ~ d , ~ = Cn W ~ ~ ' ( ~~~ > ~~.. :~. ~ ~ ~ ~ C~ z ~- J W ~ ~ ~- O W ~ W ~ W Z ~ ~' J Q ~ ~ (n f1: _I ~ J } F- ~' ~ Q ~ ~ ~ m d ~ = c i~ w v i ti O ~ Z h- W W ~ ~ U Z ~ O U ~ 'y ~ > ~ ~ ~ z J ~ O W W Z ~ ~' J Q ~ ~ (n ~ (n J J J } i- ~' `~ Q ~ m ~ ~ Z c W ~ ~ 0 .. c 1') .~a~~ ,. ~ ~ ~ ~:~ > '° p N ~ U' Z } ~ (W') Q ~- ~ W ~ W W Z ~ ~ ~ ~ J L `~(_! Q Q ~ ~ O ~ 0 0 ~ = cn w c « m a cn ~ ~ > ~ ~ U' z ~- J W (~ 0 r O W ~ W ~ LLI Z ~' Q ~ , (n -1 )' ~ Q ~ S (n W ~ C0 0.. (n '~.;~'"~r~- `~ ~~ > s ~ ~ Z J ~ O W W Z ~ ~ Q ~ Q ~ ~ } ~ S (n W ~ ~ 0~ d (n ~ `~~a~} ~~~ ~ 0 ~ d ~ ~ a > ~ ~ ~ C~ >- ~ ~- ~ W Z J ~ O W W Z ~ Q ~ Cn J ~- ~ Q ~ ~ ~ ~ m a ~' = c n c i~ ~~--' LL O ~ Z H W W ~ J U Z ~ O U > ~ ~ Z J Q Q W W Z ~ ~ Q 4`~ ~ ~ v% O -a ~ ?- 0 ~ 0 Q '> S (n W CL ~ CO d tn ~ ~ > ~ ~ Z J ~ O W W Z ~' Q ~ (n J 1- ~-' Q _ ~ ~ ~ ~ m d ~ J~ `~ > ~ ~ z J ~ O W W Z ~ _I ~ (n J J F° ~ ~ 6r ~ p Cq ~ -i ~ ~- m r,~' d Q ~ = u i w c i~ ~ ~~ ~~ > ~ ~ c9 z >- J ~ ~ ~ O W ~ W w Z Q ~ ~i Q ~ p i~ U) J -i J ~' f- ~ ~ Q ~ ~ ~ m a ~ = c i~ w u i ~~ ~~ > ~ ~ C~ w w U' } ~ cc W Z ~ J Q ~ ~ J W W Z Q Q ~ ~ ~ m ~ d ~ S Cn W ~ ~ •;--"`~ . ~~I ~. 0 ro~ m ~ R d ~ tie O ~ Z h- W W ~ J U Z ~ O U > ~ ~ C~ Z >- J W ~ 0 >- O W ~ W ~ W Z ~ J ~ f/) J J I- '~ Q cz ~ O J ~ O O ~ S (n W ~ ~ O] O.. Cn ~ ~a N ~ C~ z r J W ~ ~ ~ O W ~ W ~ w Z ~ p_,' J Q ~ p Cn U: J J J >" 'e- r,~ ~ Q ~ ~ ~ m a ~ = v i w c n d~ ~~ > ~ ~ U' Z ~ ~ (~,~ p ~- ~ W ~ W W Z ~ ~ Q ~ ~ (n ~ -J ~ )' m ~ a Q ' = c n c i~ 9 N ~ Z J ~ O W W Z O ~ ~ ~ ~ Q Q ~ ~ ~ ~ m a ~ = c n w > ~ ~ C~ Z >- J W ~ p >- p W ~ W ~ W Z ~ ~ J Q ~ 0 (n Cn J -1 J ~' 1- ~' ~ Q ~ ~ ~ m a ~ = c i~ w c n > ~ ~ C~ } ~ w Z ~ p ~ ~ W W Z CL ~C ~ ~ c/~ ~ ~ ~ ~- m Lr a Q ~ = c n u i TESTYMONY SIGN-YN SHEET ~r ~ g €,.~~~-~a~i',~~_~`.~.~ ~.~,?~..~.e't:: ~~`...~-,~+~""~ NAME Y ORGANIZATION ~ RESYDENCE ADDRESS/ PFIONE NUMBER ~ IF CITY RESIDENT 'r,v~~ ~N ~~~~ ~_~~7 ~ C'c~e'~ 's°rLf~'. ~~~~;-~~ 1~~~.~~~~° , ,~~G~ ~C~~ -~~~~~ F - ~ r;~~ ;° ~~s~~,,~~~~~~~~~ /~~~.~ ~_ ~,.,w~ , 4i-°~Clt, ~ ~j _ i-~~f? ~''~t) ry~ /.!-~ k-'~ 624.^~ f i • ,< ~.,i>r~G~'~ ~S; e ~G_ r~~ 4~' ~ Q C ..« ~~ ~Ogi9,3s ~ f.~,~ ° ~ ~F ~~ ~~G~'~S~~r ( ~~ ~t G~, _., - ~1.{~ `~- c~.%~ , ~'` . NOVEMBER 7, 2007 REGULAR COUNCIL MEETYNG REpUESTED AMENDMENTS TO AGENDA ADD TO: Item E-4, Resolution No. 2007-61 -- Information from Council Member Molloy SUBSTITUTE: Item E-6, Resolution No. 200'7-67 -- Federal Funding CIP Requests for FY09 SUBSTITUTE: Item E-7, Resolution No. 2007-68 -- State Funding CIP Requests for FY09 CONSENT AGENDA No Changes. Notes• Item E-4 Resolution No. 2007-61 Boys & Girls Club Management Agreement RE: Kenai Recreation Center Suggested by Council Member Molloy Substitute fl2e following for Section 35 Ouarterlv Reqorts (See Page 48 of the Packet): Section 35 Other Reports and MeetinEs (a) Ouarterly tisa~e Reports. The Boys & Girls Club will submit to the City quarCerly reports identifying usage of the Kenai Recreation Center. These reports will include caCegorization of usage by age group of user, bv proexam includin a brieP program description, and by component of the RecreaCio~i Center. (b) Semi-Annual Revenue and Expense Reports. The Boys & Girls Club will submit to the City semi-annual reports presentinQ reveilue and expenses from onerations of the Kenai Recreation Center. (c) Submission and Distribution of Reports. The quarterly reports will be submitted to fhe City Manager within two weeks of the end of each quarter. Ending dates for eacb quarter are March 31st, 7une 30th, September 30th, and December 31st. The semi-anntiial reboits will be submitted within two weeks after June 30Yh and December 31 st. The Citv Clerk will cause copies of the reports to be distributed to the Kenai Parks & RecreaCion Commission and to the CiYy Council in the meeting_nackets in advance of their next meetings, and wi11 cause copies of the r~orts to be posted on the City's web site until replaced by a subsequent report (d) Quarterlv A~enda Item for Meetin2s of Parks & Recreation Commission. There wi11 be an agenda item for Kenai Recreation Center on the agenda of the Parks & Recreat~on Commission at the Commission's regular meeting once each quarter. A representative of Bovs & Girls Club will be present at the Commission's reeular meetine once each quarter in order to make a brief presentarion on status of the proga~ains and operarions of Yhe ICenai Recreation Center to answer any~uestions and for dialogue wiCh the Cominissioners and the ~ublic Members of the public in attendance wi11 be allowed to coinment. ~ 0 ~,^ V`! r ~ ~ _ Q Wq/ Z Ms W ~- o Y V ~ o ~ ~. 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O) L ~ E~ ' ~ E N= O~ ^'- N= C U ~ 6 N N N U E~' ~ 'O O N L N C L O 4`o. ~ L Q i- ri a. ° O~ L F~ v m ~ Yn m~ N G a m I- V- ° 2 Z ~ a o n n o n Q p a ~ a % a ~ ~ ~ a U n N ~ W y~ l T t T ( T n 6 1 T T ~ O ~ Q O O O D W N N N N N Q ~ O O O O O O O ~ fry ~ o ° o ci ° ci ° d ° o 0 Z o o o o o ~ o j O CJ = d O o O d ' d O o~ ~ w o O ~ LL V V d ~- N tA Y3 Vf 69 H3 e9 ~ ~ fA T d t'~i~ _ j N >. N N L L ~ C ~ ~ L~L-' . "' ~~ N ~ O N fA V O E L O~ N t«' ~ C~ ~~i > >"'r003d > ~n"E o ` CU N d n`c' N~~ od OiN O ` ~~s° ~~ " ~~ ao~ `.L.L 6]N d-°' oo~ fL o Z'~ en ~~ c c n ~ ~ d N° o ~ E o n ~ E F~ 9 o m c~' ... o~ m~ z ~ d ~~ o E°~ d m. a y-a o ~~ Y m y.° °i ~ m o m m a~i m'~ °m x> n Y~~a~yoEEvd o °£~~ ~c~ oo~os ~o dm°y , '~vl ~` .3c°m°~ L'6 N D U 6 C~ O O U ~Cj y n~E >~ a ~ N j'O T N `-6 O N~ d T a . 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Z F o 0 o N o O ~ o O T ~ _ ~ Z~ N ~ ~!1 m l~ N Z N ~ O a W ~n ~ °o °o °o °o °o °o °o o° o n W V °o 0 : 0 °o o °o ,: o °o °o ~? o 0 0 0 0 0 0 0 0 ~ ~ o o ° o n ° ° ° ° d~ ~ N o n o ~n o o LL `t C e» ea ~» `A ~» e> v3 vi f» .W W N O ~ ` jp N ~ _ ~ m B w0 J>'O V ~~~ N O N N`J N d a 7 ~ N fJ ~ N N ~ 'O ~ O~ N 3 ~ J ~ ~` ~ ~ d d~~ d O m N ~ u. N . ~~ 6.U._ L"' O 6 C CJ'- fC ~ 6 O T N N N N ' N ~ O p. L L E~ N~ d ~ -a a ~ ~ E m~' w o 3 >, t ~ o ~ 1- o>. m a u+ m ~ c 8 t m m o c u c m ~ ' ~ L~`m m m c m~ E Q d Y> o y:c o °' ,~p S y = N~7j. y 3 C N 9 ~~ N(7 N d ~ O U ~ O L T j ' E~ O ~ N L> ~ ~ O O~ N H~ N= O O= N L N 9 C Q C' V ~ I- T U m ~, o O N L N m' D~ N d C > N E C 'D °~ E m o y m v N "O 3 ~ a a, n a o Y o~ y m 3 3 N m O ~ . ~ d m N N. 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I- m v, o. a c m ~ u m a ~ o ~ o o ~ a o.. a U c ~ . I- ~ c ~ o a F E . I- '~ /+ m ~n d'o m c o - D ~ W ~ a~ m n T U > a~i ~ = d ' IJ - E °o y `~ m U~ S >, = c d ~ m Q _ F .: ~j `N ~ (n `ry ~N N `N N F d m c ' a ~ ~ ~ ~ ~ ~- y o ~ ~ N -W. ` T ~ N E a c o . E c_ ,0 ~ a ~w ~ = m ~n c~i c o °~ ° ~ ~ a LL ~ . m c G ~ `m ~ ~ d ~ U Q mU ~ c N m s ~ i c a ~ o i .= a i = ~ M ~ H U ~ Q ~ w ~ T ~ ~ ~ ~ N ~ N ~N U O N N U O i N ~N ~ W~ = N C c c Y U :N a m ~ . d d n W~ c a Y E c a Y E I~ ~~ Y >~ U U F ~ W ~ m 1~ N O~ O N M C N Q~ ~ N N N N N N ~ ~ a z ~ O 0 N ~°' Ld. 0 Y ~ >. ~ N 6 m n n N a AGENDA KENAI CITY COUNCIL - REGULAR MEETYNG NOVEMBER 7, 2007 9:00 P.Ni. xErraa caTY couaacar, cr~r~sEaas http; / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER l. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. ConsentAgenda *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 ±he agenda as par? of the General Orders. ITEM ~: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Bill Radtke, Central Peninsula Habitat for Human'sty -- Program Update. 2. Jason Carroll, President, Kenai Charnber of Commerce -- Christmas Comesto Kenai ............................................... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1 l. Ordinance No. 2264-2001 -- Accepting a Grant from the State Division of Homeland Security and Emergency Management 2007 State Homeland Security Program in the Amount of $243,000.00 and Appropriating the Grant in the Kenai Emergency Operations Capital Froject Fund . . . . . . . . . . . . . . . . . 2 2. Ordinance No. 2265-200'T -- Increasing Estimated Revenues and Appropriations by $58,640.00 in the General Fund for a Grant From the State Division of Homeland Security and Emergency Management 2007 Law Enforcement Terrorism Prevention Program to Provide P25 Radio Consolette Upgrades to the City Communications (Dispatch) Center . . . . . . . . . . . . . . . . . 6 3. Ordinance No. 2266-2007 - Increasing Estimated Revenues and Appropriations by $21,250 in the Airport Fund and by $850,000 in the Runway Improvement Capital Project Fund for Capital Improvements ....... 10 4. Resolution No. 2007-61 -- Awarding a Three Year Contract for the Operafion 12 and Management of the Kenai Recreation Center to the Boys 8v Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of $130,000 Per Annum, With an Option to Renew for'It~o Additional Years . . . . . . . . . . . . . . . . . . . . . . . . . 5. Resolution No. 200?-64 -- Adopting an Alternative Allocation Method for the FY08 Shared Fisheries Business Ta~c Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 6. Resolution No. 2007-67 -- A Resolution of the Council of the City of Kenai, Alaska, adopting the City of Kenai Capital Improvements Plan Friority List for Federal Funding Requests for the Fiscal Year 2009 for Submission to the Kenai Peninsula Borough . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 7. Resolution No. 2007-68 -- A Resolution of the Council of the City of Kenai, Alaska, Adopting the City of Kenai Capital Improvements Plan Priority List for State of Alaska F`unding Requests for the Fiscal Year 2009 for Submission to the KenaiPeninsula Borough ...................................... 56 8. Resolution No. 2007-69 -- Awarding the Vintage Pointe Manor Caretaker Contract to Pleezers Enterprise, for $2000/Month, for the period October 1, 2007 through June 30, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 9. Resolution No. 200?-70 -- Requesting the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) Include in the Kalifornsky Beach Road Rehabilitation, Project 58703, a Separated Pedestrian Pathway from Station +~- 827+00 (Cannery Road) to Station +~- 944-00 (Bridge Access Road) ........................................................ 62 10. Resolution No. 2007-71 -- Accepting the Donation of an Industrial Firefighting Prop to be Used for Training at the P.R.I.S.M . . . . . . . . . . . . . . . . . 69 i l. *Transfer of Liquor License -- From Carter Enterprises, Ina, d/b/a Rosita's Me~cican Restaurant to Jose Ramos, d/b/a Don Jose's Me~can Restaurant ... '70 dTEM F• MINUTES 1. *Regular Meeting of October 17, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Approval of Purchase Orders Exceeding $15,000 . . . . . . . . . . . . . . . . . . . . . . . 3. *Ordinance No. 2267-200T -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for a Federal Grant ......... 73 98 99 100 4. *Ordanance No. 2268-2007 -- Amending KMC 3.15.040 to Provide that 1) a Hearing Shall be Held to Determine Whether a Dog Kennel License will be Granted or Renewed; and 2) Property Owners Within 300 Feet of a Parcel that is the Subject of a Dog Kennel License Application Shall be Notified of the Application and the Date, Time and Place of the Hearing; and 3) Setting Out the Appeal Process for Any Aggrieved Party . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5. *Oxdinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 6. Discussion -- Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the AirportReserve ....................................:........... 107 7. Discussion -- Kenai Convention and Visitors Bureau. Inc . . . . . . . . . . . . . . . . . 116 8. Discussion -- Reconstitution of Airport Commission . . . . . . . . . . . . . . . . . . . . 9. Discussion -- Newsletter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 10. Discussion -- Banners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ITEM I: COMMISSION/COMMITTEE REPORTS l. Councilon Aging ............................................... 2. AirportCommission ............................................. 3. HarborCommission ............................................. 4. Library Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Parks Ss Recreation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Planning & Zoning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Miscellaneous Commissions and Committees a. Beautification Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Alaska Municipal League Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Joint Kenai River Working Group YTEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 126 130 l. City Manager .................................................. 2. City Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. City Clerk ..................................................... 138 %TEM L: l. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a[ater date as noted.) EXECUTI6IE SESSION -- None Sckeduled %TEM M: ADJOURNMENT ,.,rart~ '~,..4"~7a r;~K a;x~~`it~t~°{e`a.k ~ ~ ~ ~ 4 ~ ~ ~ ~<. ~ ~ ' ~ ~~~~ z~~€e==`ea, .:~'u~,rz~w~i.;~~H i'0 BOX 2907 • Soidotna, Ala~k~ 99669 •(907) 253-7797 Octol~er i7, 2007 Kenai CiTy Council City Ha11 2l0 Fidalgo St. Kenai, AK 99611 Dear Mr. Koch, Mayor Porter, a~id CiTy Council Members: ~...,_.,.. ~~ _-,~''~°-.`z"° ~ ._.,~j., d ~ ~ ' ~ ~C ' r ~ ~ ,.}, p ~ ~~~!, ~ ~' ; As you are most likely aware, Central Penuisula Habitat for Humani4y (HfH} has been building hames for 7 4 years in the central peninsula. Most of homes have been built in Kenai thanks to your generosiLy, and thaf of Kenai residents who have personally danated land. You may not be aware that our Central Peninsula Habitat For Humanity builds more homes per capita than any other ~liate in the world - an achievement of which we are very proud! Several years ago Kenai doi3ated a lazge block of land off Lynnwoad Drive. We are currentty build'u~g on t6e last ava'rtable lot in Yhat area. We would like to schedu(e a time on your meefing agenda so thaY we can update you in person and discuss the possibility oP another lot donation. Sincerely, d %~~Y`"~^".~ Bil2 Radike President . Suggested by: Ac CYfiY OF K~:NAS 012i3INl4NCE AIQ. 2264-2!?b7 AN ORDINANCE OF THE COUNCTL OF THE CITY OR KENAS, ALAST~, ACCEl'TII~tG A GRANT FROM THE STA'I'E DIVISION dF HOivIELAND SECURITY AND EMERGENCY MANAGEMENT 2007 STATE HOMELAND SECURITY PROGRAM iN THE AMOUNT OF $243,600.00 AND APPROPRiATING THE GRANT IN THE KENAI EMERGENCY OPERATIONS CENTER CAPITAL PROJECT FUND. WHEREAS, in 1997 the City of Kei~ai, with support from the Federal Aviation Administration and the Kenai Peninsnla Borough Office of Emergency Management, built the Fire Training Center at 450 Marathon Road, Kenai to pravide Fire Service and Emergency Manageinent Training to government and private industry clients; and, WHEREAS, the top floor af the Fire Training Center is 8,OOd square feet built to FEMA specifica+aons as Emergency Operatzons Cer.ter space to be useci by the City and other government and private entities for emergency management training and real life disaster management; and, WHEREAS, the Emergency Operations Center has dedicated space for an emergency radio wmmunications center, complete with a separate radio equipment rooin; and, WHEREAS, in 2003 fhe City of Kenai received State Horneland Security Program funding whieh made passible the initial radio communicatians build-aut of the Emergency Operations Center (EOCj with the purchase of a roof-mounted antenna system, a single Alaska Land Mobile Radio (ALMRj compatible Motorola radio, and one eight-channel combiner with connectors and grounding to the EOC; and, WHEREAS, the 2007 State Homeland Security Prngrarn EOC project award to the City o£ Kenai wiIl aliou~ the Emergency Operations Center to become functional as an emergency radia communications center with a single dispatch position Motobridge console'connected to ALMR and conventional radio base stations providing interopexable communications support for first responders from State and local agencies; and, WHEREAS, this project will allow the EOC to serve as a back. up to the e~sting Matorola radio console and transmitter site located at the Kenai Public Safety building and to the Borough Communications Center in Soldotna; and, WHEREAS, the perforrnance period of this grant is October 1, 2007 through September 30, 2609; and, WHEREAS, accegtance of this grant will benefrt the City of Kenai by bringing to an ogerational status thc amergency radio eommunications center at the EOC and support the State Homeland Securit}~ Strategy of building interoperable cornmunications capacity integral to the Kenai Peninsula Borough Emergency Response Plan. 2 Ordinance No. 2264-2007 Page 2 of 2 NOW, THEREFQRE, BE IT ORDAINED BY THE CQUNCIL OF THE GITY OF KENAI, ALASKA that estimated revenues and approprzations be increased as follows: Emer~encv Onerations Center Capital Proiect Fund Increase Estimated Revenues: Federal Grants $243,000.00 Increase Apprapriations: Construction $243,000.00 PASSED BY THE COUNCIL dF TkiE CITY OF KENAI, ALASKA, this seventh day of November, 2007. PAT PORTER, MAYOR Ai iEST: Caroi L. Freas, City Clerlc Introduced; October 17,200' Adopted: November 7, 2007 Effective: November 7, 2007 Approved by Finance: y~(~C 3 ~ENAI POLICB DEPARTM~NT 107 SOUTH \RRLLdW STREET KENAI, AK 9961I Telsphone {907)2&3-7879 Fax (907) 283-226? ~ -- i ~~ ~: TQ: Rick Koch, City Manager FM: Chuck I~opp, Chief of Police RE: 2007 Homeland 5ecurity Grant Awards DT: dctober 5. 2067 Attached far yaur signatnre and approval are two grants awarded or~ September 27, 2007 to die City of Kenai from the State Division of Homeland Security & Emergency Management. The Ci#y applied for these funds under the 2007 Staie Homeland Security Program, and the 2007 Law Bnforcernent Terrorism Preventiozx Pa•o~ram. THese grants do not require a znatch, and +1ie two awards total $301,640.00. 2007 State Homeland Security Progranz, 07SHSRGR34~54 -$243,000.00 Emergenay CYperations Center (EOC), 450 Marafhon Road, Kenai This a~r~ard wi11 pay for a single dispatch pasition Motobridge Dispatah Console, an Alaska Land ':114obile Radio (ALMR) network eompatibie base stafion, four (4) anaiog canventional base stations, and a single position of exganomic furniture that will maice operational the conaentional (VHF) and digital radio cammunications capacity of the Emergency Operations CenYer located on the top floor of the PRTSM Fire Training Center. This project will provide interoperable communicatSons support for first responders tiom multiple State and Local agencies during ]arg~scale incidents and allow the EOC fo serve as a beek up to the existin~ Matorola console located at Kenai Police Department, and to fhe Borough Communications Center. The City will benefit from the use of the Motobrid$e console system as it is able to combine multiple technolo~ies utilizing various ~latforms of communications as needed for an EOC. 20~7 Law Enforce~nent Terrorism Prevention Program, 07LETPP-GB34238 -$58,64Q.00 Kenai Police Department - Communicatians Center, 167 S. ~TJillow~ Street, Kenai This award will upgrade our conventional(VHF) base stations at The Public Safety Buiiding to be able to tranamit/receive on the digital Ataska Land Mobile Radio (ALMR} nefwork. The project wilI provide Ywo (2) P25 capable consolettes to be insYalfed at two existing work stations in the Coinmunications Center. The consolettes will be con~inured wifh P25 trunking softwaTe, two (2) Gold Elite digital interface modules, and Gold Elite database programming to integrate with the current conventional dispatch console system. Two {2) new antenna systams will be installed, one (1) for each radio. 4 KENAI POLICE DEPART'MENT ~ ~. This Commcuiications Center P25 consolette up~,nades, as weil as programming upgrades to department portable and mabile t~LMR compatzbie radios purchased on a 2003 State Homeland Secixrity Program grant, wili bring together locak police and trooper entities to common taik groups once again. The phased introduction of ALMR to Alaska cornmunities over a three year periad created significant time gaps where law enforcement entities that work closely together have experienced non-interoperabil'aty due to the disparate schedules of irnplementing costly technology up~ ades to their respective dispatch centers. Project Schedule The project scheduie will proceed to vendor selectian/approval upon Comicil acceptance through the Ordinance process. For both projecYS, I am preparing a recommendation for sole source to Motorola, which will also need A1aska Division af Hameland Security pre-approval. This is lar~ely based on current Kenai Peninsula emergency corrununiaations systems infrastruciure being nearly 100% Motorola designed and buiTt. For the 2007 State Homeland Security Program Emergency Oper^atdnna Center project, I anticipate a ten-month timsiine from funding award and contract/project iiutiation, through installation, acceptance testing and project finalization. Estimated cnmpletion date is Anguse 1, 2008. For the 20Q"7 Law Bnforcemant Terrorism Prevention Program CommuraicatBons Center projeet, I anticipate a£our-month timeline from funding award and eontractlproject initiation, through installation, acceptance tesLing azzd project finalization. Estimated completion date is February l, 2008. Project Management I wiil assume projeet management, reporting and coordina6on du~ies of both projects. I will consuit with Public Works Manager Jaek LaShot on project planning, coordination and logistieal matfers. I'ire Chief Tilly 'ss my primary delegate. Larry Semmens will review and approve all financial reports. Melanie Lewis is his primary delegate. Notice of lntent to Accept Grant Award I have attached for your signature the Notice of Intent to AccepC form for each respective grant awazd, as our accepfance process will take longer than the 30-day period of acceptance set forth in these two grant awards. I am requesting from the State Divisiou of Homeland 5ecurity and Emergency Management a fourteen (14) day extension o: fhe acceptance period to seek proper approvai through our municipal ordinance process. 5 . Suggested by: _ __.________ _ ____ ___ CITY OF RENAI OI2DINANGE NQ. 2265-2U07 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREA5ING ESTIMATEb REVENL7ES AND APPROPRIATIbNS BY $58,640.00 IN THE GENERAL FUND FOR A GRANT FROTvT THE STATE DIVISIOA' OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT 2007 LAW ENFORCEMENT TERRORISM PREVENTIOA' PROGRAM TO PROVIDE P25 RADIO CONSOLETTE UPGRADES TO THE CITY COMMUNICATTONS {I7ISPATCH) CENTER. WHEREAS, the Alaska Land Mobile Radio (ALMR) network ~vas designed and engineered over a ten-year period by the State of Alaska and the Department of Defense to provide a statewide secure pubfic safety digrtal Iand rnobile radio communicafions infrastruoture compliant with the requirements of the national standard known as Project 25 (P25) for secure interoperable communicatians for first res~onders a;,d e~nergency m.xnage: s; and, WHEREAS, the phased introduction of the ALMR network to Alaska communities over a multi-year period has created significant time gaps where law enforcement entities working closely togettier have experienced non-interoperability due to disparate schedules af irnplementing costly technology upgrades to their respective communication f dispatch centers; and, WHEREAS, in May of 2007 the ALMR digital network was actinated in the Kenai Peninsula Borough and the Borough Communications Center migrated from conventional (VHF) tatk groups to digital ALMR talk groups; and, WHEREAS, the Kenai Communications Center has remained on VHF talk groups until federal funding could become available to provide costly radio upgrades permitting communication on the ALMR network; and, WHEREAS, currently Kenai Police Officers and Alaska State Troopers are nof able to talk with each other on calls of mutual assistance and response; and, WHEREAS, this project will provide the Kenai Communications Center P25 radio consolette upgrades that will bring together local police and trooper entities to common talk groups once again; and, WHEREAS, the performance period of this grant is October l, 2007 ihrough September 30, 2009; and, WHEREAS, acceptance of this grant will beneizt the City of Ker,ai by provrding far the safetq of our officers and public through upgrading our Communicauous Cenker radio capacily to both conventional (VHF) and digital (ALMR) talk group connectivity. 6 Ordinance No. 2265-2007 Page 2 of 2 NOW, THEREFORE, BE IT QRDAINED BY THE COtiNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revernies: Federai Grants $58,640.00 Increase Appropriations: Communications -- Machinery and Equipment $S&,640.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. PAT PORTER, MAYOR ATTEST; Carol L. Freas, City Clerk Approved by Finance: --~ Introfluced: October 17, 2047 Adopted: November 9, 2009 Effective: November 7, 2p07 7 ;.ENAI POLICE DEPARTMLNT 107 SOLTTI-I WILLO~~ STREET KENAl, AK 49611 Telephone (907)283-7879 Fax (907} 283-2267 ~! ~~It~r ,~~ T`O: Rick Koch, ~ity Manager FM: Chuck Kopp, Chief of Poliee RE: 2007 Horneland Security CTra~it Awards DT: October 5, 2007 Attached for your signature and approval are two ~rants awarded on September 27, 2007 to the City af Kenai from the State Division of Homeland Securitq & Einergency Management. The City applied for these fiuxds under The 2007 State Homeland Security Program, and the 2007 Law Enfcrcement Terrorism Preventio_n_ Program. These grants do not require a matoh, and the two awards total $301,640.00. 2007 State Homeland Securit~~ Program, 073HS~-GR34054 -$243,00@.OD Emergency Operatians Center (EOC), 450 Mara2hon Road, Kenai This award will pay for a single dispatch position Motobridge DispaTch Gonsole, an Alaska Zand Mobile Radio (r~LMR) netwo~•k cornpatible base station, four {4) analog conventionat base statioxis, and a single position of ergonomic furniture that will maka operational the coirventional (VHF) and digita! radia communications capacity of the ~mer~ency Operations Centez located on the top floor of fhe PIZISM Fire Training Center. This projeci will provide interoperable cornmunications suppart for first responders from multipie State and Local agenoias during large-scale ineidenYS and atlow the EOC to serve as a baek up to the existing Motoxola console located at Kenai Police Department~ and ta the $oroudh Communications Center. The City will benefit from the use of the Motobridge console system as it is able to combine muLtiple technologies utilizing various platforms of communications as needed for an EOC. 2007Law Enforcenaent Terrorism Prevention Prograna, Q~LETPP-GR34238 -$58,640.00 Kenai Police Department - Communications Genter, 107 S. VJiliow Street, Kenai This award will up~rade our conventional (VI-IF) base statious at the Public Safety Building to be able to transnut/receive on the digital Alaeka Land Mobile Radio (ALMR) network. The project wi}I provide two (2) P25 capable consolettes to be installed at two exisfing wark stafions ii1 the Communications Center. The consolettes will be configured with P25 trunkiug software, two (2) Gold Elite digical interface modules, and Gold Elite database programming ea integrate with the current conventional dispatch console spstem. Two (2) new antenna systems will be installed, one (1) for each radio. ~ %ENAI YOLSCEv DEPABTMENT This Communications Center P25 consoiette upgrades, as well as programming upgrades to department portable and mobile AI~MR compatible radios pnrchased on a 2003 State Homeland Security Pro~,nam grat~t, will bring tngether locat police and trooper entities to common talk groups once again. The phased introductian af t1LMR to Alaska commu~iiies over a three yeaz period created si~,mificant fima gaps where law enforoement entities that wark closely toc~Cher have experienced non-inferoperability due to the disparate schedules of implementing costly technology upgrades to their respective dispatch centers. Project Schedule The projecf schedule will proceed to aendor seleetionlapproval upon Council aeeeptanee tiuough the Urdinance process. For bath projects, I am preparing a recommendation for sole source to Motorala, which will also need Alaska Division of Homeland Security pre-approval. This is largely based on current Kenai Peninsula emergency communications systems infrast~vcture beulg nearly 100% Motorola designed and built. For the 2007 State Homeland Security Pxogram Emergency Operaii~»s Center project, I anticipate a ten-inonth timeline from funding award and contractlproject initiation, through instatlaeion, acceptance testing azid project finalization. Fstimated completlon date is August l, 2005. For the 2007 Law Enforeement Terrorism PrevenY9on Program Communicationr Center projecY, I anticipate a four-month timeline from funding award and contract/project inifiation, through installation, acceptance testing and project finalization. Estirnated completion date is Pebruary l, 2008. Prnject Mantt; ement I will assume project managemant, reporting and coordination duties of both projects. Z wiil cc~nsult with Public Works Manager Jack LaShot on proyeot planning; coordination a~7d logisucal mattezs. Fire Chief Tilly is my primary deIegate. Larry Serrunens will review and approve all financial reports. Nlelanie Lewis is his primazy delegate. Notice of Intent fo Accept Grant Aw¢rrl I have attached for your signature the Notice of Intent to Rccept form for each respective grant award, as our acceptance process will take longer than the 30-day period of acceptance set forth in these two grant awards. I am requesting from the State Division of Homeland Security and Emergancy Management a founeen (14} day e~tension of the ac;ceptance period to s~ek proper apprpval through our municipal ordinance process. 9 . SUBSTITU'... Suggested hy: Administration CITY OF KENA% ORDINAIUCE NO. 2266-2007 AA' ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TNCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $26,250 IN THE AIRPORT FUND AND BX $1,050,Op0 IN THE RLTNWAY IMPROVEMENT CAPITAL PROJECT FUNI3 FOR CAPITAL SMPROVEMENI'S. WHEREAS, The FAA has approved funding far additional work to be included in the Runway Improvement Project; and, 4t'HEREAS, the estimated cost of the additional work is $1,050,000; and, WHEREAS, the FAA wili fund 95°~0, the State of Alaska will £und 2.5% and the Airport Fund vrill osovide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Air,port Fund. Increase Estimatad Revenues: Appropriation af Fm7d Balance $26,250 Increase Appropriations: Transfer to Capital PsoJeet k~tnd $26,250 12unwav Improvement Capitai Proiect Fund Increase Eslimated Revenues: Federal Grant ~997,500 State Grant $26,250 Transfer from Au-port Fund $26 ~50 ~ Increase Appropriations: Engineering $144,000 Construction $95Q,000 PASSED SY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 2007. PAT PORTER, MAYOR ATTE ST: Caroi L. Freas, City Clerk Approved by Finance:~__ (lOj 1 S/2007) ch io Introduced: October 17, 2007 Adopted: November 7, 200'7 Effective: November 7, 2007 dVINCE - CORT'EIIGLL - BRI'Sd.1N Cc~nsaalting Engineers Box 1Q41 Kenai, Alaska 996i1 Phone 907-283-4672 ~'ax 90~-28:i-4676 E-Maii: cmadden~webataska.com FROM: Cssey~ Madden, P.E. DAT~: Oceober 10, 2007 SU$7F,CT: Addifional Airpori Impmvements As reyuested, I have revised Ihe following oost estirnatas for the additional Airpon improvemenis approved. by Brad Garland, wzfh FAA, aY our Sept~einber 26 meeting with him. Custs markad with astir are lalown coats solicifed from the conhactor over fhe past week. 1. Plaat Plane Basin Drainage D'rtoh xeconstruction for rmpmving flow, mirigate cl.ischarge turbidity, and provide aocess for maintenance. Remove and dispose of accumuIated aspl~alt and concrete rubble penetrating Part 77 AirApace over oy the water tanic area. This wark. inciudes surveying, cleanng and grubbing, excavation, grading, soit stahilization measures, top soiling, and ceeding. $77Q,OQ0.00 * 2. Cieneral Ayiation L.ighting replaoement-a. safety iasu~ durin~ wint~c ovtages, This system has lights that range from 20 to 40 yeazs old. Th.is work w'sll inalnde Asphalt removal and replaeemeat, demolition of the existzng lighCing system. Tnstallation of 41 Iights and 4 signs, a new regulator, and some grading to , ~. Improve drainage along [he taxiways. ~ $250,000.00 ~ . 4, Complete 5000 fect of fence removal and reconstruction along Marafhon Rd And Float Plane Basin Road. The Penca has heaved more out of the ~ound since evaluated back in 2005, more so last winter with the excessive fall rain and lack oPsnow cc~ver. $250,000.00 " 6. Reptace substandard midfieid unlit windsock with lighted one $ 10,000.00 7. Repleca r~maining lt7p t~xiway lighfs with new LED1TrnnsfJGitsonite A maintenance issuE to sEandacdize all the eirfield lighYS. 1'he remaining Lights ranga in age from 10 to 20 years o1d. $ 70 000.00 Tota.I Constmction Costs $7S0,6Q0.40 I eszimete that flie cunent construction contcaet will under run somewhere between 50 and 100,000 dnllars howevec could be used up iF we expenenca anoffier dry spring and summer next seasou requiring a tot of seed. bed watering in fhe iloaf plane basin. ~ Oia' roc~ainr.ng Bngineering and 7nspection budget of about $75,0OO.OQ even wiUi the sever2] additioi~al iEems added to the job, such. as the Regulator room vencilafion, I'ue Suppression and Scada 'vaterface, Apron shipping und paving aiternatives, FAA NAV(AZD changes, ARFF access road, and tlie prelimina~y engineering on the abova items, shauld carry us throu~h eompletion. of construction, next 7uly however will fall short for 5na1 Audit and Closeout Work. Dessgn Surveys, Engin~ering, aud Inspeotion Por tbe a~bove tisced items should avorage about ]0°io and with a IiCtle eztra for Closeoul, abouti $100,000.00 and can ba split even3y between Engineering and Inspection Philip W. Bryson PE Mark E. Blnnning PE Alen N. Carthall PE Frsnk W. Wince PE (Ret.) E. Cxsey Madden PE 11 ~ f Suggested ~y. ..,.~.~,.~.~«a«~~~ CITY OF KEPIAI RESOLYTTION NO. 200T-6I A RESOLUTION OF THE COUNCIL OF THE CTTY OF KENAI, ALASKA, AWARDING A THREE YEAR CONTRACT FOR THE OPERATION AND MANAGEMENT OF THE KENAT RECREATION CEI~rTER TO THE BQYS ~ GIRLS CLi3B OF THE KENAI PENIlVSULA, KENAI UNTT, IN THE ANTOUNT OF $ 134,000 PER ANNUM, WITI-T AN OPTION TO RENEW FOR TWd ADDITIONAL YEARS. WHEREAS, the present agreement between the Boys & Gir1s Club and the City of Kenai will expire on November 30, 2007; and, WHEREAS, the Boys & Girls Club has successfully managed the Ifenai Recreation Center for the preceding four years; and, WHEREAS, management of the Center has resulted in substantial cost savings to the City; and, WHEREAS, the Boys 8v Gir1s Club is uniquely qualified to operate and manage youth recreation faeilities; and, WHEREAS, the Boys Ss Gir1s Club has praposed to operate and manage the Center for the same cost to the City (excluding a$ 5,000 per year increase for Sunday openings) as was agr°ed to in 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CpUNCIL OF THE CITX OF IiENAI, ALASKA, that a three year conu-act for the operation and management of the Kena~ Racreatian Centar be awarded to the Boys 8v Girls Club of the Kenai Peninsula, Kenai Unit, for $ 13Q,000 per annum, with an option to renew for two additional years. . PASSED BY THE CdUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 12 „1/i~~a~e Lvc"t~t a Past, G~°t~ w~it~t a Futr~re„ ;~~;,~ j,, 210 Fidafgo Avenue, Kenai, Alaska 99611-7794 u~ ~ ~ Tefephone: 907-283-7535/ FAX: 907-283-3014 ~~f ~f ~ __,,, - .., _.. ~ ,:._ , : .,--y- - 7992 ~ L~IIC Gl~ 0 f KEr~n~ s~ca ~~`'1~. TO: City Council ~ ~ FRdM: Rick Koch uiaTE: vE€ob~r 11, 2407 SUBJECT: Kenai Recreation Center, Facility Management Agreement Tl~e purpose of this incmarandum is to recominend to Counci] the approval of a faciIrty management a~eein~nf to Boys & Girls G1ab of fhe Kenai Peniusula, Kenai Unit, for Yhe operaCron a~id management of the Kanai RecreaCion CenYer in YhE amount of ~ 130,000 per year. The cost has increased by $ 5,000 per year basad on the City's request Yhe Canter be open on Sundays. The term oP the agreemant is for an iniYial period of YYu~ee years beginning December 1, 2007, with an aption for a two-year renewal based on the nautual agreemant of the parties. The Boys & Gir1s C1ub has successfixity ina~aged the IKenai Recreation Centex over the past foux years resulting in cost savings (priinarily wages) of approxiinately $ 85,000 to $ 100,000 per year over city inauagement of the Center, There have been few if any problems wid~ the Boys & Crirls Ctub inanagement of the Center. They have been responsrve to reyuests both from flie City and users of the Center. The Boys ~ Giris Cl~b has created a number of new positive programs for all users of the Cenfer, especially youth. The Boys & Girls Club has beciz diligent in applying for and invesYing proceeds from granYs into fhe Center. They l~avc pnrehasad new exercise eq~tipment as a,result o,f their receivin; outside grants. The Boys and Girls Club is unique in that they are the lazgest orgviization isi ihe State of Alaska dedicated to providing recreation p~og,i~ns fox yoctth, az~d other Alaslcan residents. AdminisYration reeommends Cou»cil zp}~roval of this resolution. 13 KENAT RECRL+'ATION C~,NTER FACILITI' MANAGEMENT AGREEMENT between TTIE KENAI PENINSUT.A BOYS AND GIRLS CLliii ANI} THE CITY OF KENAI In consideration of the inutual promises h~rein, Yhe City of Kenai (C`ity), 210 ~'idalgo Avenue, Ke~iai, Alaslca 99611, and Ihe Kenai Peninsula Boys and Girls Club Boys & Girls Club), 705 Fron2age Road, Suite S, Ken~i, Alaska 999611, agree as follows: The City desires to contract witb Ciie Foys dt Giris Ciub to manage axzd operate fhe Keizai Recreatioil Ce~ltcr. This shali be accomplislied tluougl1 tl~e facility manageinent seavices of t]~e Boys aud Girls Club, 705 Frontage Road, Saite B, Kenai, Alaska 9996L Facility management services shall be a yeax-round funetion to ansure tha anuual operating plaxi is carried aut. This Agreement consists of. A. 34 sections of provisions; consistinp of 1'I pages; and B. Attachmenf A, Fee Sahed~ule, consis~ixig of 1 page. Secfion l. Definitions Tn this Agreement: A. "Manager"' tzleans the Kenai City Mana~er ar designee, thereafter, as agent for at~d on behalf of ICenai. B, "City" means the City o.fT{enai. T'aci]ity ~Vtanagement AgreemenC ~~~,~ss:~~ Page 1 of IS 14 C. "Center" meazis the facilicy known as tltie I{enai Recreation Celater located at 327 Caviar, Kenai, D. "Coucession" includes al1 sales or renCals of goods or services in the Center; the parts of the Cetiter where those sales or re~~tals arc made, and equi,pment or facilities in the Center used for tiiose sales or rentals. E. "ConCractor" means fiae Ken~a Peninsula ,Boys and Giris Cl,ub. F. "Ma~iagemenY' means responsihility for the proper functioning of all Cenfer opezataons necessary to suppart thc Center's provision of service to the pul~lic safely and efficientty, ineluding buC not limited to, supervision of staff and participants, programming, scheduling, maintenance, sales, marlceting and concessions. Seetion 2. Cantractar's Services A. Contractor sha11 perfoim facility managenient services in accordauce with tYus Agreement. S. The City sha11 not allow any claim fox services otker than those described in this Agreement. However, Contractor may provide, at its own expense, any other services that are consistent with this Agreemant SecYion 3. Term. A. The term of this Agreement shal) be from ihe date of execution of tl~is agreenaent by the City until .Twie 30, ZO10, unless terminatad sooner as provided hexein. B. Upon mutual consent, tlus Agreeinent may be renewed for a term of two (2) yeus. Contractor sl~alt notif~ the City in writing no less than O?v'E HCJNDRED EIGHTY (18Q} days before current Agreement expires if it intends to renew. ~ Pacility Management Contraet Pa~e 2 of 18 " 15 C. Canh-actor acknowledges the City has no obligatioiz to coiltinae its performance beyond the term of this Agree~nent, regardless of the dega~ee to which the Conttactor`s peiformance is successfiil. Sectian 4. Contractor's Responsibitity ConYractor shall be soiely responsible for the faitliful perfonnance of all i.Cs duties undar this Agreement. Section 5. Annual Operations Plan A. Operations Plan. No laCer Chan April IS of eacli ye~, Confxactor shall d.evelop and provide the CiCy with ths laCest version of tlie Center Operafions Plan. The plan should confain, at a minimwn, tiie following: 1. A safety and security plan; and 2. A faciiity use plan for the Center that i»chides days of o~erafron aaxd hours open, current booking anfl schedufing procedures, eLtrrenf fee schedule and other rules governing use of the facility; and 3. A program schedula; and 4. A staffing pla~i. Section 6. Cenfer Annual OperaCii~g Budgets No latar Yha17 January 1 0€ each year, the Cas~tractor shall deveTap and provide Yhe Ciiy witl~ tI1e Iatest version of the .4nnual Opcrating Budgets. The proposed budgets should include ali projected aizd one ~rior year's actual operating and capital cosCs for tl~e Center, including a }~rojected ineome and expense statcment, and projeeted year-end balance sl~eet. Additionally, Che t~udgeY should include Yhe following detailed projeciions: p~l Facitiry Mana~;ement ConCract Page 3 of t 8 16 A. Revenues by category and source; and B. Operating expenses by category; aa~d C. Administrafive and generai expenses. Seetioa 7. QuarEer[y Reports The Boys &~ Giris Club will subinit to tl~e City quarterly reparts identifying usage af Clie Kenai Recreation Center. These reports will include categorization of usage by age group of user, and by comporsent af tlse Recreaftan CenCer, The Quarterly repoi~ES will be submi,tCed to the city manager within two weeks of the end of each quarter. Ending dates for eacr quaater are iYIazch 3isC, .i'ixi~a 30th, 3a~tem}set 3ath, and BecerriLet 31st Section 8. Exclusive License This Ay-eeinent does not lease, demise, rent or otherwise convey airy land or interest in 1~mds or real property, inciuding the property at 227 Caviaz• Street imown as the Kenai Recreation Center. Section 9. Right of Entry The City, its officers, agents uid repraseutafivES shall be permitted to enter t~e Center premises during operating hours to examine Yhe sacne. The City will iiotify the Cantractor if it reqvires emergency entry after operating hours. Sectiov I0. Atterations and Rano~afions Contractor agrees iiot to make any alterations or renovations to the Center pramises without prior written eonsent of the Cxry. Approved projects will require an actuzl cost raport to Ue filcd with the Ciiy at eo~npleYion of the project. Facilify Manag~~me3iT Contract Yage 4 of 18 ~~~ i~ Section 1I. Operafions aud NTaintenance Costs The Crty wi11 be responsible for inaintenanca and repair of the structure necessitated by nonnal wear and tear. The Contractor si~ail be responsibis for the rnaiizfenance and repair of flie Center equipmaut, i.e, weight room eqnipment, pool tables, vending machiue. The Contractor shall bear the responsibiIity for the repair of tl~e stnicture dtte ta any damage or breakage caused by the uegligeiice or intentional act of the ~ontracfor or a client dutii~g operating hours of the Contractor. Water, sewer, electncai and natural gas and (non-long diatance) telephane service for the Center wili be pa'id by the City. The Contractor shalt pay for jaalitorial services for the Center. Section 12. EqnipmenY Reptacement Tlxe City is respoissible for tlie replacement of equipment neaessitated by normal wcar and teaz. ContracYor must submit to the City in wL7tiltig a detailed description, includitzg casts, for equipment ne~ding to be replaced by January 31s~ of each year in order to have the request considered, in the upcoming fisca] year budget. Section 13. 5ig¢s Coutrac[or s1~a11 not placa or erect poles, lights or devices on the exterior of the Recreation Center or adjaceut property without prior written approval by the City. The Contracfor's signs aud adverfising devices of a}?propriate natLire are allowed outside of the building. Sectioxa 14. Consideration As consideration for Contractor's undertaking hereunder, flle Cify shali pay ONE HUNDRED TF~]RTY THOU5ANL7 DOLLARS ($130,000) per year for facility management of Pacility Managament ContraeT Page 5 of 18 ~ ..<;~ 18 fhe Kenai Recreation Ceuter. Payments shali be made monthly on or before the firsf of the moufh. The payments under this Agreement require funds from appropriations a~id are subject to £uture appropriations. If sufPtcient funds are not appropriated for pa}!ments required under this Agreement, this Agreement sha11 terminate and the Cicy shall i~ot be oUligated to uYalce the payment under this Agreement beyond the then-currenf municipal fiscal year for whieh funds have been appropriated. The City shall notify the Contractor within seven (7} days of the failure of the Council to appropriate funds sufticient for the paymenfs. Payinents for partial months wiJ] Ue piroportional to Ghe number of days the Center is operated. Upon exacution of tl~is Aa eemenf, it is the nlte~at~on of the City thaC the Agraement rwi its e~xtire terxn. ~ Saction 15. Termination of Contractor's Services Contractor's services ander Section 2 may be tenninated by mutual consenY of tl~e parties. Section 16. Termination for Cause A. Cf eithar party fails to perform any of the ferms, conditions, cavenaa2ts, or obligations under the Agreemen4, said Ap eernent minhc be terminated at flae option of either party. However, as a condition of the exercise of its right of termination under tlus sul~section, a party shall notify the other in writing of its intent to terminate this Agreement stating with reasonable specificity the grounds there£ore. Upon r~ceiving written notice from a party; the other party wiIl have thirty (30} calendar days to cure said default(s}. Tf the other party fails ta cure a11 defdults to the satisfacYion of the otl~ar pa~-~y witliin thirty (30) days after receiving notice, tha City or Gontraetor raay temvi~ate this A~-eement. B. If Contractor's services are terminated, for wi5atever reason, ConCractor's claim for compcnsation under this Agreement shall be limited to pa}nl~ents due based on a proportional 1 ~ Pacitit~~ Managen~ent Confi~act Page 6 of 18 19 number o£ days the Ceuter was operafed. Contributioi~s in kind are not eligible for reimbursement unless directed toward approved appraisable improvemenf to the Center, lipon termination, any alYeration or renovation to the Ceriter, appravcd by the City pEr SecYioi~ 9, c~=ill b~ reimbursed at fair i~~azket value or actual cost as ccported under Section 9(whicl7ever is tess) unless the parties have previausly otherwise agreed. if necessary, fair mazket value of such improvements will be determined by a professioital appraiser. The appraiser will be selec4ed jointly by the parties and tt~e appraisal fee wiil be split eqpaily. Seetion 27. Repossessimt of Center A. (Jpon termination of this Ageement under Section 13 or Section 14, the City may tal~e possessioil of the Center and of all £acilitias tkereof. B. Upon terniination of Y11is Agreement under 5ection 13 orSection 14, thare shall be a transition pariod of not greater Ghaaz ninety (90) days with re~ard to the removal of Co~tracfox's pz-operty £rom tlae Center. if Contractor fails to vacate upon expiratio~ of the fxansition period, the City nzay remove Che proparty at Contractor's expense. Section 18. Duties Upon Termination A. Contractor shail deliver to tha Manager all documents, reeords, wark products, materials and equipment owned by the City and requested by fl3e Nianager. B. Except as provided in this section, tcrmiuation of Contractor's services under Sections 13 or 14 does not affect any other right or abligation of a party under this Agreement. Sectioii 19. Insurance and .Business License A. Contractor shall maintain in good standing the insura~~ce described in sixbsection B of this section. Before rendering atry services ruider tlris Agreenieni, Contractor shali fizrnish I ~ , Facility Management Contract Page 7 of 18 BO the Manager wiLh proof of insurance in accordance with subsection B of this section in a form acceptaUle to the Risk Manager for the City. Contractor shall a3so be required to provide a valid Alaska 6usiness Iicense prior to rendering services tmder this Agreement. B. Bot11 parties sha11 provids the £ol(owin~ insura~ca: 1. Compret~ensive general Iiability, iucludiazg premises operations, coiltraciual, iildependent contractors, and personal izxjury coverage's -- $1,000,000 per occurrence, 2, Com~rehensive aatomobile lia'hility -- $1,000,000 combined singie llmit per accident, to include owned, lured and non-owned vehicles. 3. Einployer's LiaUiliey and Worker's Compensation for their own employees as raquired by statnte for each occurrence. 4. Each party shall be named as additional insured for puiposes of Yhe operation of t}ae Reareation Center to the extent allowable on all policies (exeept Warker's Compensation). C. Each policy of insurance required by this section shall provide for no less Yhan tizirty (30) days advauce wriLten nofice to 4he City prior to ca~~cellation or change in uisurance an~ount aud shall be written by an insurer rated A- or betYer by A. M. Best. D. The City shall provide bzoad fonn property damage insurance far the Center. E. Contractor shall rcport all incidents of accident or injixry promptly in writina to the City Manager for I~ena,i. ~~, a ~: FaciHty Management Contract Page 8 of 18 21 Seetio~~ 20. NoE~ee of Ctaims Eack party hereto sha11 give to the other prompt and timely written noYice of any clairn made or suit institLtited wiYhin its knowiedge that in any way, direetiy or inclirectly, confzngeiltly or otherwise, affects or mibht affect the other parfy. Section 2L Assignment,9 Unless otherv,rise allowed by this Agree~nenE or in v/ritiu~ by tlie Ma~lager, any assignment by Contractor of all or part of t17is Agreement shall be void. Section 22. Ownership of Equipment and Purnishings A. Equipnlent and furntshings purchased witlz Conhactar Furzds shall be the sole property of Caz~tractor. B. With the exception c~f pass-througJk a ants administered by the CiYy, equipment and funtiishit2gs purchased witl~ City funds or auy funds provided by ~rants from the City, shall be fhe sole property of the City marked azid invenCoried ~s suel~ wiYh a copy of the iilventory forv/ardeci to the Citv. C. Equiprnent and funzishings donated #o Contractor shall be fhe sole property of Contracfor. D. Prior to occupying Che Cantes, the ContracYOr and the City shall conduct a walkikirough to investigate conditions of the facility and equipmenl inside the build'u1g. Secfion 23. Notices Any notice requ~,red pertaining Yo thc subjecY matYer of this Agreement shall be either sent via mail by prepaid first class registered or certifaed mail "Retun~ T2ecei,pt Requested:' or delivered to the following addresses: ~f ~. m ~' Facility Management Confract Pa~*e 4 af 18 22 Kena'r City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: {907}283-8222 rAY: (90'7) ZS3-3014 Kenai Pen'tnsula Boys ai~d Girls Club 705 'Frontage Road, Suite B ISenai, AK 99611 Phone: (907) 283-268' k?AX: (9Q'7) 283-8196 Notices are effective upou receipt Section 24. Public Faeility SY is th,e City's iirtention that the Kenai itecreatian Centcx and tl~e progra~ns provided fl~erein he available to fhe puhIic. The Contractor may not resfrict appropriate public puticipation aY Che facility ar public access for appropriate use of the racility. Tbe 'Fees charged by flie contractor must not discourage public use and should he consistent witl~ fees charged for similar services at oiher miulieipal z~ecreation ceilcers. Section 25. Relationship of Parties Contractor stlall perfoiz~i its obligations hereunder as an indepencient contractor of the City. Kenai may administer this Agreeinent and monitor Contractor's compliance with its obligations hereunder. The City shal] not supervise or direct Con2ractor oflier flian as provided in tlxis Agreement. Section 26. Permits, Laws anfl Taxes Contractor shall acquire and maintain in good standing ali permits, licenses and other entitlemeqCs necessary to its perfomlance under flus Agreement. AII actions taken by Contraotor under this Agreemenf shall comply with all appiicable staTutes, ordinances, rules and regulations. Contractor shall pay al] taxes pertaining to its performance under this Agreernent. ipfi' A ~ Pacility Mana~ement ConCraet Page 10 of 1$ 23 Section 27. Non-waiver The failure of eicher party at any rime to enforce a provision of th'rs Agreement shall in no way constitute a waiver nf Che provision, nor in auy way affect tl2e validity nf this Agreement or any part hereof, ar tl~e ri~ht of such party thereafier to enforce each az~d every provision l~ereof, Section 28. Amendment. A. This Agreeme,nt shali only be atnended, modified or changed by a written amendment, execntied by aixthorized r~presenCaeives of Che pariies. B. For the purposes of any amendment modificatian ar change to the tenns and canditions of Yhis Agzeement, the oiily auihorized representatives of tha ~za-Cies are Clae ContracCoe znd tk~e Ci,ty Man,ager foz the Ci1g nf Kenai. C. Any atteinpt to amend, modify, or change this Agreement by either an unauthorized representative or unauthorized means shall be void. Sectian 29. Jnrisdiction: Choice af La~v Any civiI action rising from this Agreement shall be Urought in the Superior Court for d~e Third Jud~icial Disf~•ict of the Stiate of Alaskca at ICenai The law of the Stata of Alaska shal] govern Yhe righfs and abligations of the parties under this Agreement. Secfion 30. Severabitity ,4ny provision of this Agreement decreed snvalid by a court of competent jurisdiction slult not itlvalidate tha retxiaining pravisions of this AgreemeuY. Section 31. Tntega•a6mi This instrument and all appendices and amendrnents hereta embody the entire Agreemeut of the parties. Thez~e are no promises, terans, eonditions or obligations otker ttian those contained ~~ Facility ManagemenT ContrucY- Page l] of 18 24 harcin; and this A~ eeAnent elrall supersede all pre~~r'aus commuiucations, representations or contracts, either or~l or written, between the parties hereto. Section 32. Inspection and Refention of Reeords Coutractor shall, upon reasonable notice Uy the City, make available to the City, for exaininatian, a11 of its recards with respect to al1 n~atters covered by this Agreement for a pex~iod ending three (3) years after the date Contraetor is to complete performance. Upon reguest, and within a reasonable time, Contractor shall submit such other inforniation and reports relating to its activ'sties uuder this AgreemenC, to the City, in suah fornz and aC sueh times as the Cify may reasonably reqtiiire. Contractor shall pennit the City to audit, examine and inake copies of such records, and to make audits of all invaices, materials, and other daCa rolating to alI matters covered by this Agreeinent. The City may, af its option, perniit ContracCor to sub~nit its records to ~he City in lieu of the reCeution require4nents o,f ehis scction. Section 33. Scope of Services Nianagement of Che Kenai Recrcation Center by Coiltraetor shall fuIIy and comgletely perfarm tl~e services detaifed in this agreement. A. Operation. Contractor sha11 prepare an annaal operating Uudget a~id an annual operations plan for Lhe Center. Contractar shall work with the Maz~ager to assure the Operations Plan meets the reGuiz•emenYs a~~d expectations of the Caty of Kenai. B. Cancessions. Contractor may operate Concessions. Contractor shall have the exclusive right to operate concessions in tlie Ceatcr. ~F:~ ~. P'acility Ma~~agement Ccrntract ~ Page l2 of 1$ ~~ 25 C. Revenues. Contractor shall collecY all reveuues generated by the Ce~ater. Appropriate methods for fnaucial cantrol and auditing will be implemented. The City of I~enai shal'1 not have any liability or responsibility £or 'fund~ng any de£ cits or any part ti~ereof. D. Operafional Services. Contractar shall provide all employees and volunteer staPl raquired £or the operation of the Ceizter. B. Fee Schedule. ContracYor shall develop and puhlish fee sclaeduies far all evenLc and acfivit,ies at fhc Center, The fee scl~eduIe shatl be approved by the City Mauager subject to chaz~ge by t}ae Council. The fe~ schedulc n~ Attachmenk "A" shatl be in effect aY the start of the contract. F. Appearance. Conh~actor shall keep ali facilities of the Center in a cleau a~id sanitary ca.nciition during the period of operation. G. Community Services. Contractar shall consider in.put f'rom conainunify residents and groups to provide commuisitiy services for recreation, education, culhtral and leisure acfivities. H. Sehedutfng. The parties agree the Contractor shall maintain daily, monCkily at~d. annual sahedules of serviaes and activities. I. Sarvices. The parties agree recxeational, educafional, cuTtural, and leisure programs and sarvices for all age b~roups sha11 be affered to the puUlic. C,ontractor is responsible for defining said services and coordinating all aspects of service offerings. Coiifractor shall. maintain public use services through the Recreation Ce»ter. Unless tenniuation is requested in writiug by the Gontractor and approved by Council, Contractor shall provide the following services: Facilicy LYIanagemenT Contract Page 13 of 18 26 l. Teeu Center 2. Toddler Time 3. Home 5chool Gyin 4. 3enior Exercise 5. Wallyball and Racquetball 6. Open Gym Time 7. Valleyball S. Weight Roona and Sauna 9. Man's and W omei~'s Adtixlf Baskethall Leagues I0. Practiee time for Kenai Middle School Bovs' and Girls' Baskefball T l. Practice time far Kenai High School Boys' and Girls' Baslcetball "C" Tea~us 12. After-prom and after-graduatinn activities far Kenai Central High School (free of charge) 13. City Wellness Pro~am (City Empioyees may nse fitness progra~ns, equipmenY and facilities for half-price with City I.D.} ContraeYOr abrees ta malce 2he facility available to othcr eomrr~ui~ty user ~ oups andlor organizations in order to ser~e tl~e varied interese and needs of flie community. Contractor inay charge a fee for said pro~ar~~s andlor services. J. Opee-atiug Hours and Dates. Contractor shall oparate the Kenai Recreation Center aecarding to a published schedule. TC,. Employees and Valuntcers. Contractor shall comply with ali applicable, local, state, and federal laws rel~ting to employment practices. Contractor shall provide, at its own expei~se, a sufficient number of employees and/or volunteers to meet the hours of operation and serva t2ie public eff~iciently. L. Fees and Charges 1. Contractor will publish, post or afherwise make available all fee schedules. 2. Co~zfracfor wil] collect and retain all fees and charses for programs, services and rentals. The base amouut of tlus conYract as set out in SecYion 12 ar~ants received for tihe Kenai Recreation Center arc not considered fees and charges. Contractor wal] Facility MananemenC Contract ~.", Page 14 of 18 27 retain fees and char~es collected up to $100,000 per year. Fees and charges collected over $100,000 and not spent on pro~rams at or for the Kenai Recreation Center will be divided eqaaIly (50(50} befween C11e Contractor and the City. M. Accounting and Reporting. Contractor shall maintain such uooks, records, and accoiuits of operation as would be cansidered prudent for such an operation. Contractor shatl prepare u~d submit to the City of Kenai yearly reports showing usage of ihe faaility by program. N. C[eanfng of the Pramises 1. Contractor wi11 provids al1 janitorial 4elvices and sapplies required to keep tl~e Center clean and presei3table. ?. Contractor shall not permit any garbage or other refuse to accumulate on Che premises. O. Seeurity. Contracior shall Yalce a11 reasonable precautimis to prcvenf unauthorized entry into the Recreation Centar, ineluding the placing of sigiis or ather devices intended to deter or restr'rct such entry. Contractor shall develap and follow policies and pracedures relating to issuing keys, }iandling cash and depoaits, opening and closing, and dealing with difficult patzons. P. Snow RemovaL Contractor shall be responsible fox snow removal af all. sidewalk's aroua~d the bnilding or leadiilg up to t'he building of the Recreation Center. Responsibility for snow removal of the parking lot shall be the City's. Q. Annual Communify Meeting. Each 3anuazy tl~e Cozztractor wiIl advarEise a~1d cai~dixct a public meeting to receive public inpuf i~ito past and future operations of tha Center. Minufes o£ the meeting will be recorded and £orv/arded to the City o£ Keizai. ' ;' .' ,";~ Facilify Managecncnt Gontract Pa~e 15 of I8 28 R. Fundraising. Fundraising using the name o£, or on behalf of, the City of Kenaa ar the Kenai Recreation Centez~ inust be approved in advance ii7 writing by the City af Z{enai. Section 34. Third Party Benet"ieiaries There are no intended third party beneficiaries of this Agreement, and no person other than the named parties to this Agreement (the City of Kenai and Che Confractor) shall acquire any rights uilder it. Section 35. Liaison The named parties shall each designate a 3iaisou who shall aYtend a boardlcommission rneeting of the other entity twice a year to discuss the operation of tha Center. IN WITNESS WHEkiEOF, tl~e parties have executed this Agreement on th~ dafie shown below CITY OF KENAT KENAI PENINSULA BOYS AN'D GTRLS CLUB By: BY~ Rick R. ICoch Brenda Pilgrim Ahlberg City Manager Executive D'u'ector DATE: DATED: By: Peter?Uficciche, Presidei~C of the Board of Directors DATED: Facility iV7anageiner,t Contract Page 16 of 7 8 29 ATTEST: Carol L. Freas, City Clerk Approved as to form: Cary R. Graves City Attomey STATE OF ALAS3~A THII2D JUDICIAL DISTRICT } ) ss. ) THIS IS TO CERTTFY tl~at on this day of November, 2003, It[CK R KOC~I; KENAI CITI' MANIiGER, being personaliy lrnown to me or having produced satisfactory evidence of identificatiou, a~peared before me and aclmowl~dged ~lie voluntary and authorizad execution of the foregoing ii~strument. NoEary Public far the State of Alaska. My Commission Expires: STATE OF ALASKA ) ) ss, THIl2D JUDICIALDISTRICT ) THIS IS TO CEKTIFY that on this day oF November, 2003, BRENDA AHLBERG, E~ECUTIVE D[I2ECTOR of tl~e FCENAI PENIlVStiLA BOYS AND GIP.LS CLUB, bemg pe~-souatly known to me ot having prodtiiced saCisfactary evidence oF identificatian, appeared before me and aclcnowledged tlie voluntary and authorized exeaufion of the foregoing instrun~ent. Y ~ ~ ~ Pacility Management Corsiract Page 17 of 18 30 Notary PuUlic for~ the StaYe of Alaska. Nly Commission Expires: STATE OF ALASKA ) ) ss. THSRD JUDICIAL DTSTRTCT ) THIS IS TO CERTCI'Y that oil t17ia day of November, 2003, PETER ;YFTCCICHE, PRESIDENT of the BOARD OF DIRECTORS of the KElVAI P~NINSULA BOYS AND GLRLS CLUB, being personally knowtt Yo ine or l~eving produced satisfactory evidence of identification, agpeared be£ore tne arYd aclcilowledged the voluntary and authoxized execution af the foregoing instrument. Nota~y Publie for Che State of Alasl<a. My Corrunission Expires: ~~ Paciliry Mana~ement ~onTraee t'age 18~Qf 18 si ~~ ~~~~. f~BGIC~/Of ~ ICEN ~ SItA /r~~dfGr~e GUdl~~t dl d~G~~~ ~t+~/ wt~~ Gl d~LtL~t~Y~/! 210 Fidatgo Avenue, Kenai, Atasks 99611-7794 7etephone: (907} 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us ~~~~~E~~~}U~ TO: Mayor Porter and Kenai City Council FROM: ~'/~-~Cary R. Graves, City Attorney L}ATE: ~ctober 29. 2007 RE: Boys and Girls Clnb Management Agreement re Rec Center The cha~3ges to the Keizai Recreafion Center Pacility Management A~reement foz the Rec Center are in legislative forniaf. The changes aze to Section 3 as well as the addifion of Section 35. 32 KEN.4I RECREATION CENTER FACILITY MANAGEMEIV"I' AGREEMENT between Tf~E KENAI P~NTNSULA BOY~ A1V1T GIRLS CLUB AND THE CITY C1F KENAI In consideration of tha mutuai promises herein, the City of Kenai (City), 210 Fidalgo Avenue, Kenai, Alaska 99611, and the Kenai Peninsnia Boys and Girls Club (Boys & Giris Club), 705 Frontage Road, Suite B, Kenai, A(aska 999611, agree as follows: The ~ity desires to cantract with the Boys ~z Girls Club to manage arid operate the Kenai Recrea#ion Center. This shall be accornplished through the facility management services of the Boys and Girls Club, 705 Frontage Road, Suite B, Kenai, Alaska 99961. Facility management services shall be a year-round function to ensure the annual operating plaa is carried out. This Agreement consists of: A. 34 sections of provisions, consisting of 18 pages; and B. Attachment A, Fee Schedule, eonsisting of 1 page. Section 1. Definitions fn this Agreement: A. "Manager" means the Kenai City Manager or designee, thereafrer, as agent for and on behatf of Kenai. $. "City" means the City af Kenai. C. "Center" means tke facility known as the Kenai Recreation Center located at 227 Caviar, Kenai. Facility Management Agreement Page 1 of 18 33 D. "Concession" includes all sales or rentats of goods or services in the Center, the parts of the Center where those sales or rentals aze made, and equipment or facilities in the Center used for thase sales or rentals. E. "Contractor" means the Kenai Peninsnla Boys and Girls Club. P. "Management" means responsibility for the proper functioning of ati Center operatSons necessary to support the Center's provision of service to the public safely and efficiently, including but not lvnited to, supervision of staff and participants, programming, sc]xeduling, rnaintenanca; sales, marketing and concessions. Section 2. Contractor's Services A. Cantractor shall perfartn facilitq management services in accordance with Yhis Agraement. B. The Ciry shail not a]low any claim for services otfier than those described in thls Agseement. However, Contractor may provide, at its own expense, any other sarvices that are consistent with this Agreement Section 3. Terrn. A. The term of this Agrezment shall be [THItEE (3) YI:ARS] from tha [EFFECTIVB] date of [THI~ CONTRACT} execution of this a~reement by the Citv ixntil June 30, 2010, unless terminated sooner as provided herein. B. Upon mutual consent, this Agreement may be renewed for a term of two (2) years. Contractor shall notify the City in wriYing no less than one h(180) days before current Agreement expires if it intends to renew. Facifity Management Contract Page 2 of S 8 34 C. Contractor acknawled~es the City has no obligation to continue its performance beyond the term of this Agreement, regardless of the degree to which the Contractor's perforrnance is successful. Section 4. Cantractor's Responsibility Contractor shall be solely responsible for the faithful perfarmance of alI its duties m~der this Agreement. Section 5. Annual C)perations Plan A. Operations Plaxi. No later than April 15 of each yeaz, Contractor shall develop and provide the City with the latesY version of the Center Opezations Plan. The plan should contain, at a minimum, the followinb: 1. A safety and security plan; and 2. A facility use plan for the Center that includes days of operation and hours open, cunent booking and scheduling procedures, current fea schedule and other rules governing use of the facility; and 3. A psogram sohedule;and 4. A staffing plan. 5ection b. Center ~nnuai Operating Sudgets No later Yhan January 1 of each year, the Contractor shall develop and proSide the City with the latest version of the Annual Operating Budgets. The proposed budgets should include al! projected and one prior yeaz's actuat operating and capital costs for the Center, including a projected incorne and expense statemant, and projected year-end balance sheet. Additionaily, the budget shonld include the following detailed projections: Faeilit}~ Management Contract Page 3 of 18 35 A. Revenues by category and source; and B. Operating expenses by category; and C. Administrative and ganeral expenses. Section 7. Exelusive License This Agreement does not lease, demise, rent or other~vise convey any land or inYerest in lands or raal properiy, including the property at 227 Caviar Street known as the Kenai Recreation Center. Section 8. Right of Entry The City, its officers, agents and representatives shall be permitted to enter the Center premises during operating hours to examine the san1e. The City wi11 notify the Contractor if it xequixes emergency entry after operating hours. Section 9. Alterations and Renovations Contractor agrees not to make any alterations or renovations to the Center premises without prior written consent of the City, Approved projects will require an actual cost report to be filed with the City at completion of the prajact Section 10. Operations and Maintenance Costs The City will be responsibla for maintenance and repair of the structure necessitated by normal wear and tear. The Contractar shall be responsihle for the maintenance and repair of fl~e Center equipment, i.e., weight xoom equipment, poot tables, vending machine. The Contractor shall bear fhe responsibifity for fhe repair of the structure due to any damage or breakage caused by the negiigence or intentional act of the Contractor or a client during operating hours of the Cantractor. Water, sewer, electricat and natural gas and (non-long distance) telephone service Facility Management Contract Page 4 of ] 8 36 for the Ceiiter will be paid by the City. The Contractox sha11 paq for janitorial services for the Center. Section Il. Equipment Reglacement The City is responsi6le for the replacemenY of equipment neeessitated by normal wear and teaz. Conttactor must submiC to the City in writing a detailed dascription, including costs, for equipznent needing to be replaced by January 31`t af each year in oxder to have fhe request considered in the upcoming fiscal year budget. Sectian 12. Signs Contractor shall not place or ereot pa:es, lights ar devices on tke exterior of the Recreation Center or adjacent property without priox written approval by the City. The Contractor's signs and advertising devices of appxopriate nature aze allowed outside of the buiiding. Section 13. Consideration As considerarion for Contractor's undertaking hereunder, the City shall pay one hundred thirty thousand doifazs ($130,600) per year for facility management af the Kenai Recreation Center. Payments shall be made monthly on or before the frst of the month. The payments under this Agreement require funds from appropriations and are subject to future appropriations. If sufficient fiuids are not appropriated for payinents required under this Agreement, this Agreement shatl terminate and the City shall not be obligated to rnake the payment under this Agreement beyond the then-current municipal fiscal year for which funfls have been appropriated. The City shall notify the Contractor within seven (7) days of the Failure of the Counoil to appropriate funds sufficient for the payments. Payments for partial months will be Facility Management Contract Page 5 of 1 S 37 proportional ta the number of days the Center is operated. Upon execution of this Agreemeut, it is the intention of the City that the Agreement run its entire term. Secteon 14. Ternainatiom af Contractor's ServGCes Contractor's services under Section 2 may be tenninated by mutual consent of the parties. Section 15 Termination for Cause A. If eithar party fails to perform any of the terms, conditions, covenants, or obligations under the Agreement, said Agreement might be terminated at the option of either pariy. However, as a candition of the exercise of its right of termination under this subsection, a party shall notify the other in writing of its intent to terminate this Agreement sYating with reasonable specificity the grounds therefare. Upon receiving written natice from a party, ihe other party will have thirty (30) caIendar days to cure said defauit(s). If the other party fails to eure all defauIts to the satisfactior~ of the other party within thirty (30} days after receiving notice, the City or Contractar may terxninate this Agreemant. B. If Contracfor's services are terminated, for whatever reasan, Contractor's claim for compensation under this Agreement shalI be limited to pavments due based on a proportional number af days the Center was operated. Contributions in kind are not eIigible for reimbursement unless directed tawazd approved appraisable improvement to the CenYer. Upon termination, any alteraiion or renovation to the Center, approved by the City per Section 9, wil] be reimbursed at fair mazket value or actua( cost as reported under Section 9(whichever is less) unless the parties have previausly otherwise agreed. If necessary, fair market value af such improvements will be determined by a professional appraiser. The appraiser will be selacted jointly by the parGies and the appraisal fee will be spiit equally. Faci3ity Management Contract Page 6 of 18 38 Section 16. Repossession of Center A. Upon Yerm'vlation af this Agreement under Section 13 or Section 14, the City may take possession of the Center and of alI facilities thereof. $. Upon termination af this Agreement under Section 14 or Secfion 15, there shail be a transiuon period of not greater than ninety (90) days with regard to the removal of Contractor's praperty from the Cenier. If Contractor fails to vacate upon expiration of the transitiou period, the C,ity may remove the prc~perty at Contractor's expense. Sectian 17. Dnties Upon Termination A. Contractor sha11 deliver fo the Manager ail doeuments, records, work products, maferials and equipmant owned by the City and requested by the Manaoer. B. Except as provided in this section, terminafion of Contractor's services under Sections 13 or 14 does not affect any other right or obligation of a parry under this Ageement. Section 18. Insuranee and Business License A. Contractor shatl maintain in good standing the insurance described in subsection B of this secflon. Before rendering any services under this Agreemeni, Contractor shali furnish the ?vlanager with proof of insurance in accardance with subsection B of this section in a form acceptable to the Risk Manager for Yhe City. Contractor shall also be required to provide a vaiid Alaska business license priar to rendering services under this Agreement. B: Both parties sl~ll provide the foilowing insurance: 1. Comprehensive general liability, including prernises operations, contracEual, independent contractors, and personal injury coverage's -- $I,OOQ000 pei occurrence. Facility lvSanagement Contraet Page 7 of 18 39 2. Comprehensive automobile liability -- $1,000,000 combined single limit per accident to inolude owned, hired and non-owned vehicles. 3. Employer's Liability and Worker's Compensation for their own employees as required by statute for each occurrence. 4. Each party shall be named as additional insured for purposes of the operai'ron of the Recreation Center to fhe e~:tent allowable on all palicies (except Worker's Compensation). C. Each policy of insurance required by this section shall provide for no tess than thirty (30) cfays advance wcitten notice to the City prior to cancellaCion or change in insurance amount and shall be written by an insurer rated A- or bener by A. M. Best. b. The City sha11 provide broad fozm property damage insurance for the Center. E. Contractor shall report a11 incidents of accident or injury prompfly in writing to the City Manager for Kenai. Section 19. Notice of Claims Each party ]iereto sha11 give to #he other prompt and timely written notice of any claim made or suit instztuted within its knowledge that in anp way, directly or ind'uectly, contingently or otherwise, affects ar might affect the ather party. Seetion 26. Assignments Unless oYherwise allowed by this Agreement or in ~n7ifing by the Ivfanager, any assigmnent by Contraetor of all or part of this Agreement shall be void. Faoility ManagemenT Contract Page 8 of 18 40 Section 21. Ownership of Equigment and Furnishings A. Equipment and furnishings puxckased with Contractor funds shall be the sole prope.rty of Contractor. B. With the exception of pass-through grants administered by the City, equipment and furnishings purchased with City funds or any funds provided by grants from the City, shall be the sole property of the City mazked and inventoried as such with a copy of the inveniory forwazded to the City. C. Equipment and fumishings donated to Contractor shalt be the sole property of Contractor. D. Prior to occupying the Center, the Contractor and the Cit}r shall conduct a walkthraugh to investigate conditions of the facility and equipment inside the building. Section 22. Notices Any notice required pertaining to the subject matter of this Agreernent shall be eithar sent via mail by prepaid first class registered or certified mail "Return Receipt Requested," or delivered to the following addresses: Kenai City Manager Kenai Peninsula I3ays and Girls Club 210 Fidalgo Avenue 705 Frontage Road, Suite B Kenai, AK 99611 Kenai, AK 99611 Phone: (907) 283-8222 Phone: {907) 2&3-2682 FAX: (907) 283-3014 FAX: (907) 283-8190 Notiees are effective npon receipt Secfion 23. Public FaciIity It is tt~e City's intention that Che Kenai Recreation Center and the programs ~rovided therein be available to the public. The Contractor may not restrict appropriate public Facility ~!(anagement Cantract Page 9 of 18 41 participation at the facility ar public access for appropriate use of the facility. The fees chaz~;ed by the oonYraetor musC noC discourage public use and shorzld be consistent with fees charged for similar serviees aC other muniaipal recreation centers. Section 24. ftelationship of Parties Contraceor shall perform its obligations hereunder as an independent contractor of the City. K~nai may achninisCer this Agreement anfl monitor Contractor's compIiance with its obligations hereunder. The City shatl not supervise ar direct Contractor ofher than as provided in this Agreement. Section 25. Permits, Laws and Taaes Coixtrackor shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance nnder tius Agreernent: All actions taken by Contractor under this Agreement shall cornply with all applicable statutes, ordinances, rules and regulations. Contractor shall pay all tax.es pertaining to its perfarmance under this Agreement. Section 2b. Non-waiver The failure of either party at any time to enforoe a provision of this Agreement shall in no way oonstitute a waiver of fhe provision, nor in any way affect the validity of this Agreement or any part hereof, or the righf of such party thereafter to enforce each and every provision hereof. Section 27. Azuendment. A. This Agreement shall only be amended, modified or changed hy a written amendment, exacuted by authorized representatives of the parties. Facility Management Contract Page 10 of 18 42 B. For the purposes of any arnendment modification or change to the terrns and conditions of this Agreement, the only authorized representatives of the parties are the Contractor and the City ~tanager for the City of Kenai. C. Any attempt to amend, modify, or change fl~is Agreement by either an unauthorized representative or unauthorized means shail be void. Sec4ion 28. Jurisc3ietion: Ghoice of Law Any civil action rising from this Agreement sha11 be brought in the Superior Court for the Third Judicial District of the State of' Alaska at Kanai. The law of the State of Alaska shall govern tl~e rights and obligations of the parties under this Agreement. Section 29. Severability Any provision of this Agreement decreed invalid by a eourt of competent jurisdictiou shall not invalidate the remainin~ provislons of fhis Agreement. Sectipn 3Q. Integratian This instnunent and atl appendices and amendments hereto embody the entire Agreement of the parties. There aze no promises, terms, conditions or obligations other than those contained herein; and thas Agreernent shall supersede all previous communications, representations or contracts, either oral or written, between the partias hereto. 5ection 31. Inspecfion and Retention of Records Contractor shall, upon reasonable notice by the City, make avaitable to the Cit~=, for examinarion, alI of its records with respect to all matters covered by this Agreement for a period ending three (3) years after the date Contractor is to complete performance. Upon requesf, and within a reasonable time, Contractor shall submiY such other infnrmation and reports relating to Facility Management Contract Page 11 of 18 43 its activities under this Agreement, to the City, in such form and at such times as the City may reasanably require. Contractor shall permit the Gity to audit, examine and make copies of such records, and to make audits af all invoices, materials, and other dafa reIating to all matters covered by this Agreemeni. The City may, at its option, permit Contractor to submit its records to the City in lieu of the retenfion requirements of Chis section. Section 32. Scape of Services Management of tha Kenai Recreation Center by Contractor shall £ully and completely perform the services detailed in this agreement. A. Operation. Contractar shall prepare an annual operating budget and an annual operations plan for the Center. Contractor shall work with the Manager to assure the Operations Plan sneets the requirements and expectations of the City of Kenai. B. Coneessions. Contractor may operate Concessions. Contractor sha11 have the axclusive r'sght to operate concessions in the Center. C. Revennes. Contractor shall coIlect all revenues generated by the Center: Appropriate methods for financial control and auditing will be implemented. The City of Kenai shall not have any liability or responsibilify for funding any deftcits or any part thereof. D. OperationaI Services. ContracCor shall provide all employees and volunteer staff required for the operation of the Center. E. Fee Schedule. Contractor sha11 develop and publish fee schedules for a11 events and activities aT the Center. The fee schedule shali be approved by the City Manager subject to chazage by ihe Council. The fee sehedul.e in Attaehment "A" shall be in efi'ect at the start of the cantract. - Facility Managament Contract Page 12 of 18 44 F. Appearance. Contractar sha11 keep all facilities of the Center in a clean and sanitary condition during the periad af operation. G. Community Servtces. Can4ractor shall consider input from community residenis and groups to provide community services for recreatian, education, cultural and leisure acEivities. H. Scheduiing. The parCies agree the Contractos shall maintain daily, monthly and annual schedules of services and activities. I. Services. The par#ies agree recreational, educationai, cultural, and ]eisure programs and sen~ices for all age groups sha]l be offered to the publia Contractor is responsible for defining said services and coordinating alt aspects of seroice offerings. Coniracior shall maintain public use services thtough Yhe Recreation Center. Unless terminafion is requested in writing by the Contractor and approved by Council, Contractor shall provide the following services: 1. Teen Center 2. Toddler Time 3. Home School Gym 4. Senior Exercise S. Waliyball and RacquetbalJ 6. {}pen Gym Time 7. Volleyball 8. Weight Room and Sauna 9. Men's and Women's Adutt Basketball Leagues 10. Practice time for Kenai MiddIe SchooI Boys' and Girls' Basketball 11. Practice time for Kenai High School Boys' and Girls' Basketball "C" Teams 12. After-prom aaid aRer-graduation activities for Kenai Cen#ral High School (free of charge) 13. City V/eIlness Program (City Empioyees may use fitness programs, equipment and facilities for half-price witkt Ci1y I.D.} Facility Ntanagement Contract Page 13 of IS 45 Contractor agrees to make the facility available to other community user gronps anrUor organizations in order to serve the varied interest and needs of the community. Contractor may charge a fee for said prograans and/or services. J. Operating Hours and Dates. Contractor sha11 operate the Kenai Recreation Center according Yo a pixblished schedule. K. Empioyees and Volunteers. CanYractor shalf compIy with aIl applicable, local, state, and fedaral laws relating to erssployment practices. Contractor shall provide, at its awn expense, a sufficient number of employees and/or volunteers to meet the hours of operation and serve the publie efficiently. L. C+`ees and Charges l. Contractor will pubiish, post or otherwise malce availabie all fee schedules. 2. Contractor will collect and retain all Fees and charges for programs, services and rentals. The base amaunt of Yhis contract as set out in Section 13 or grants zeceived for the Kenai Recreation Center aze nat considered fees and chazges. Contractor will retain fees and charges collecYed up to $100,000 per yeaz. Fees and charges collected over $I00,000 and not spent on programs at ar for the Kenaa Recreation Center will be clivided equaliy (50/50) between fhe Contractor and the City. M. Accaunting and Reporfing. Contractor shall maintain such books, records, and accounts af operation as would be considered prudent for such an operafion. Contractor shall prepare and submit to tha Cify of Kenaz yearly reports shawing usage of the facility by program. \ i Facility Management Contract Page 14 of 18 46 N. Cleaning of the Premises Coniractor will provide all janitorial services and suppiies required to keep the Center clean and presentable. 2. Contractor shall not permit any garbage or other refuse ta accmnulate on the preznises. O. Security. Contractor shell take a11 reasonable preoautions to prevent unauthorized entry into the Recreation Center, includin~; the placing af signs or other devices intended to deter or restricY such entry. Contraetor shatl develop and foliaw poIicies and procedures relating to issuing keys, handling cash and deposits, opening and closing, and dealing with difficult patrons. P. Snow Removal. Contractor shall be responsible for snow removal of ali s'sde~~alks around ihe bnilding or leading up to the building of the Recreation Canter. Responsibility for snow removal of the pazking Iot shail be the City's. Q. Annuat Commnnify Meeting. Each January the Contractor will advertise and conduct a public meeting ta receive public input into past and future operafions of the Center. Minutes ~f tke meeting will be recorded and £orwarded to the City of Kenai. R. Fundraising. Fundraising using the name of, or on behalf of, the City of Kanai or the Kenai Recreation Center must be approved in advance in writing by the City of Kenai. Section 33. Third Party Beneficiaries There are no intended third party benefciaries of this Agreen~ent, and no person other than the named parties to this Agreement {the City of Kenai and the Contractor} shall acquire any rights undar it. Facility Management Contraet Page 15 of 18 47 Seetian 34. Liaison The named parties shalf each designate a liaisan who shall attend a boardlcornmission rneeting of the other entity twice a year to discuss the operation of the Centar. Section 35. Ouarter[y Reports Z'he BoS~s & Girls Club will submit to the Citv quarterlv raports identifynze usage o€the Kenai Recreation Center. These reports will include categorization of usa~e by age eroup of user. and bv component of the Recreation Center. The Quarterlv reports will be submitted to fJie Citv Manager within two weeks of the eud of each quarter. Ending dates for each quarter are March 31st, June 30th, September 30th, and December 31s~ IN WITNES3 WHEI2EOF, the parties have executed this Agreement on the date shown below. CITY OF KENAI KENAI PENINSULA BOI'S AND GIRLS CLUB By: Rick R. Koch City Manager I7ATE: Faci(iry Management Contract sy: DATED: $y: DATED: Brenda Pilgrim Ahlberg Executive Director Peter Mieclehe, President of the Board of Directors Page ,16 of 28 48 ATTEST: Carol L. Freas, City C1erk Approved as to form: Cary R. Graves City Attorney STATE OF ALASKA ) } ss. T~IEP.ir JUL~ICIP.L DIST_R?r"T ) THIS IS TQ CERTIFY that on this day of November, 2007, RICK I2. KOCFI, KEPvAI CITY MANAG~R, beiitg personally known to me or having ~~raduced satisfaatory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public far the State of AFaska. My Commission Expires: STATE OF ALASICA ) } ss. THIRD 3UDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of November, 2007, BRENDA AHLBERG, EXECUTTVE DIRECTOR of the KENAI PENINSULA BOYS AND GIRLS CLUB, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution ofthe foregoing instiwnent. Notary Public for the State of Alaska. My Commission Expires: __ Faeility Manageinenf ConTraet Page I7 of IS 49 STATE OF ALASKA ) ) ss. THIRD 3U'DICIAL DiSTRICT } THTS TS TO CERTIFY that on this _ day of November, 2047, PETER MICCICI3E, PR~SIBENT of the BOARD dF DIItECTORS of the KEl!'AI PENINSULA BOYS ANB GIRLS CLLTB, being persanaity known to me or having produced satisfacYOry evidence oP identification, appeared bafore rne and acknowledged the voluntary and autharized execution of the faregoing instnzment. Notary Pubiic for the State of Alaska. My Gommission Expire:s: Facility Management Contract Page 18 of 18 50 w~ g R~ ~~ a 88 88 "' 's' ~ r ~ e.. o [°' m y~ ~ ~ ~ ^ ~ u ~ fa t] a ~ ° w _. ~ '~ o°'i ~^ ~ ^+ n in ~ bm'C Q ~ ms ~ ~ y ~ o a ~ °o °o ~ ~ E+ SL i y~p m N w ~ ~ ~ ~ ~ 4 C ~ W ~~ T ~N ~/`~ry A ~ ipw ~ L'.4 6: r" P 'Vp!~ ~~ v N~~ 1:.1 O ~ C1 ~ p a+ ~ ~. C -W ~ Y" ~ ~+t (i~ ~1 ~ „r~iD ~ ~ v~ .= a a9 ~ a ,~~, ;,~~a ~ ~ .-y oy o . ~ gi+ ~j. y N'D S~ V N ~'S/ ~Li .M r~' O~+ °~ ~ A ~ K~ V ~~ y L ~ ~~ LL C ~ ~ N °., y ~ '~'^ s ~ 'J ~ 3 ° 'y' u ~i'~ ` -p '`L VQ.~ u '`u ~ 5^ ~ rn y&~ u W ,~n ~f y~~j ~G ~ R r~[; V~1 4 G~ ~/.. 0. 4 Q~ ~ F v~ ~.-~I 8° ~ 8~-58 °o8S s`'u]` S SFi,B ~ '_° ~ t.:.1 ~ ~'u ~~p' ~i r` ~i/~i N ~~1 r~i] N~ /~i ~~/f ~ y V H~ y 6 J ~ ~ ~ ~ ~ ~ U U ~' ~ q I~ ~ ° ~ ~ ~ ~~ ~ ~ : :a ~" ~ = L .: ~ ~ o " ~ ~ ~ ~ < o~ a . ~ E?, ~ .~ ,~ a ~ a ~~ . ,_ :, v~ ~ q ^ ~ ,~ ~ 'e = '~, 4 ~ E y, `~ 'i C m ~ e"v+n = u rll v"i .5 'y ~ rv m F ~ bRl ~ ~ ti ~ ~ r ~ `3 ~' .5 , ~ ~ u ~ ~ ~ * ~ ~ '~ Y ~..", r ~ .a u ~ u ~a ~ -_ ~ :°_ cn ~ °' 3 F''r. .~.. 'v~ S "tl ~ ~ ~ p G ~ O ~ O ~ G ~' O~ ~ t.'~. OS .9 in °s~ ~, E ~` V N S~m 8,~ $ , ~ ~ 0. s ~q c ~ ~ .~ = ~ ~ ~ '- a J ~ ~, 8 s °o ~ ~ ~ 'm U ~ ^ V S. 'E C w =' .~" U °' ac v u .i5 '- ., ,~ ~ .~ ;, ~ ~ ~ :s :• ,;, •e E ~ o -~-5 c .~~ c a ~u 9 ~ v ~{ ~.y z 'y(J ?s 5~ ;,,. 'g p^` C +'~L F i~ h ~ r4l^d L'i-~C~2 w 6 F u.~, z F .S~ ih' I ~ ~ re ~ ~ ,.o~ 'a . w~ ro _ ~ ~;., m +~ tl. '~O ~ r:l ~pF ~ ~~jQ J7 ~ ry ~ ~ U N M1S F ~ i+~ ~ v ~^ ~ w ~ ~ ~; p ~ ~ ~; p ~- ~ .~ _ ~s o P""1 v e ,s a~i o .~3- s. c n. ~ 'J~ c ;c"_ ~T~.:... ~ .n ~ ° ~ H 4 E ~ o ~°. a~ '' " ~ ~ 1' D L° ~ tn 0. W ~ ~ O ^ B ~ li - v`~i ~6i Q u U ° G a Q ^ ~°,4i 9 ~ o ~ y ~ m ~ SJ ~,'~„ ~ ° "i N 8 °" ~ O ~' ~ ~ ... V `-" °i ^ o °o °` o '° ~° W ~ 0 8 S ~ o 0 o Z^,~~ o ~ m o. m C? °.. w y,Y'~ Q" O M~ .I' -t '~ ,` ~ P.7~ (~ `~ co ~ C+ ~ B I- ~ ~ Q ~ ~ .r91 _. ~ ...... _..~ .....~.. ~......... ~~~.-~.. ~.. ..-. ...... 4 Suggested by; . CYTY OF KENAI RE30LUTION NO. 2U07-64 A RFSOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY08 SHARED FI9HERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLQCATION METHOD rAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN COOK INLET. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY08 Shazed Fisheries $usiness T~ Prograrn, the municipality must demonstrate to the Department of Communify and Economic Development that the municipality suffered significant effects during catendar year 2006 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligibie municipalities located within fisheries management areas specified by the Departrnent of Community and Econnmic Development; and WHr,REAS, 3 t~t1C 134.070 provides ior the use, ai tne discretion of the Department of Communitq and Economic Developrnent, o{ alternative allocation methods which may be used within fisheries management areas if ali eligible munieipalities within the area agree to use the method, an& the method incorporates some measure of the relative significant effect of fisheries business activity an the respective municipalities in the azea; and WHEREAS, the City Couficil of the City of Kenai proposes to use an alternative allocation method for allocation of FY08 funding available within Cook Inlet in agreement with all other municipalides in this area participating in the FY48 Shared Fisheries Business Tax Program, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative aliocation method fairly represents the distribution of significant effects during 2006 of fisheries business activity in Cook Inlet. t~lternative A1location Method: The program total allocation shafl be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other pazt according to populatian. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. ATTEST; Carol L. Freas, City Clerk Approved by Finance:_~ PAT PORTER, MAYOR 52 ~ ~ Suggested by: Administrauon CITY OF F~EPTAY RESOLUTION NQ. 2007-67 A RESOLtiTION OF THE COUNCIL OF THE GITX OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR FEDERAL FLTNDING REQUESTS FOR THE F:SCAL YEAR 2009 FpR SUBMISSION TO THE KENAI PENINSULA BOf20UGH VJHEREAS, the Capital Improvements Plan (CIP) is a gczide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has invalved consideration of existing plans, programmatic needs and public input; and, WFiEREAS, the CIP compliments the legislafive priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital Imprivements Program adoption on IVoeember ~, 20d7. NQW, THEREFORE, BE IT RESOLVED BY THE CdUNCIL OF THE CITY OF KENAI, ALASKA, adapts the attached City of Kenai capifal Improvements P1an Priority List for Federal Funding Requests for the Fiscai Year 2009 for submission to the Kenai Peninsula Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. PAT PORTER, MAYOR A1"TEST: Carol L. Freas, City Clerk 53 ~/°'~ v ~ '°° ?rd ~ ~ ~ ~ Q W~/ Z1,, 4[~ M yy q V~ ~ ~y~ d V o ~ ` ~ y~ ~ V ~ ~ LL J ~ ~ 0 ~ ~ o r~ . r~u ', ., o° o o v n . °m o °a~ 0 m ~~m . V ' ~ ~ 9 5 O9 m`" N EN N~ tE ' ° U ` ~ "- ~ L M t N p c ~ u _ ' ' C~ ~ ~ U ~ ~ N U t 'rJ W ~C? N af 4 C O N F d ~ ~ i a y'~n0 ~ m~0~ d ~ F a 6 2 m a ~ g ~ z t A N c~ U ~ ~'U ~ F^~ ~ ~ c c fU " ~ v9~ c c ~o 0 ~ m c o y ~ y ~ Vi (/ N p C~ 6 L s . ? . ~ 1~ C~ a N O~~ C C C C q1 ~ L z y ~ c n~ j n i'~ C i0 ~ C t y E C C ~ E ~] } o ^ . v ~ ~ 1 ~o= 66 a= tL o~ `n n~ J N O^ t J ~ C ~ > L ~ U' L ~ y N N L OI Q C .~1 E D C ~ N~~ N~ N ~ C ~ L " L ~ N O N E~ C1 O U C N A U C 1~ O 3 O .~ ` C~ d p N ~ N ~~ N ~ y~ .E ~ E~~ o~ y y y y N ~ ~ ~ ~ ¢ n 4 r n$ 3 ~ 5 tL- ~ ~IL- o tr- o Z p Q ° o ` n o ~ a .. p Q ~ H a 2 6 ~ N N W y ~ y, y. T Y~ Y~ T 2~ W mC m b W m O O O O N O Y O a W N N N /1 (~ . C o a o ~ ° ? ° a ~y o ~ zo a S o 8 0 4 0 0 ~ 0 ~ ~ z g o o ~ w » W ' 4 0 V 0 i ~ ~ y, ^ C Vi w K M O Vi N T C ' N N >+ D >. O ~ W N y`V L L L L E O I- ~"L' ~~ ~ U D ~t O= L v L q W O tC0 j ~ y F' O p N N P (~0 .O ~O y~. C C j F N O~ N C Cl 6 U ~ 6'~ m N N J.`7 tl9 -' N O 6 J v N N Q' N(~I C~ O p C+ d `~ N `'~' y ~~ C O O S E y,N ~._ d y p O >'O' W N J i~ "^J O 'O'O ~ j 9 E ~' 6 N N 9 n ~ 9 N N X E O'E ~) N . N 3 ~C ~L A N ~'O C ~ O N C ` C h C O F~ > V~ v ~ p N ~ ~ ~p ~ O D '~ . . = q= d Q+ = L Y~!P y C I~ ~ . N O ~ 9 ' ( 4 p ~: pU y T t I O r - ~W N N y A U ~ LV :~ N O U ~~ i: (J ' Z~~' OC 6~9 O~ G; L ~ 4~.. y C Y N C 0~ Y L`~.]' N u~i$~q d r' ~ M N6 ~'y C U~ L G i ' A~CO N N~'O N~ C~` N 6 ~ a'm mmE.`_~_' u~ ~ o ~ ~ n ~ rnrnmo ~ . N. oin c~,... . .o~c~. ~_' m ~ a°ic~ami y v c~ i ~ N ~ p~~ p ~ p ~ ~ I E ~~N O ~ O Y~ C W p E C> V « W 3 U N a „ ~N U ~; N Y) ° O C X.~C`..~ 6 L N O W N ~ Y 9 O 0. 9 O% 9 E V v GJ ~ L m O `~ ~ L O~ ~C 9 F L ~ Q~ y fl O N C W y C ~ -~ D d w: .- H ~ G C 4~i ~ . TJ ~ 9 C F E~ N Fj N 4- L ? p N rA p' N (~ C.' m ~ .. ~ L~ O C i N N~ L V N G N.G N 1.) .` C~`~ V G d' _ t N N Em>y..n'~o'E'c'm w-wc ~ ~y 19 O ~cov`o ;roo'o_ .accm 'E", ` ` ~=~~om °iEcm °„ -oNE~, °y. 9yE D ,r O.~.. d C Y~ L m ~/.~i m~ H ~'0 N y.E m m 1 ~ m N ~ ~ U~ J C~ t3 S = N O O 3 j ~ V~ { ~ N: O. . C ' 'o ~~ ' ry~ E d N~c N T 9 y~~ r~ y 6a N .d .- Y~. p p Q 3 >. V O Q p 3 T~ u O L ~ N n A ~ y ~~' ~ 6 ~ N 9 R m 6 j, ~ E Oi C "' N. C '° ° >i E~ O Y. .~ J C "' ~ C ' N ' 0' ~p O'p n° O' °Q~ a o u oE= ~;ccv°n ~0~3 °'i ~a~'v . E c da° = ~ ou O~ n:c"o`vi "'=m ~'E ~ ` ~ ' ` .oa~,o o.x E L~ .~ mm F m`w ~ m t~ o y~NO~ ~ ' ~QnU :coa~ n ~v 4 m o ~ c 3 ~ d ~ m a c~ m~n c~ > w U n= a~ v, .~ m.o ~- .. m:6 c ' c o N O d LL 9 c c C IL G b m m o o(fi w d W = v' , w 'a' g' a~i o". a t- o z, > > ~ ~d ~c d m U O ~ T Tm K Q~' l W ~ ~ = p t U ~~ d a5 i N '~ pf = p~ N 2~ N m N m Y . „° I y C ~ O OI 4.. (^v ~ T T t4. J ~ n`y ~ N~~ Y ~'' `~ v, ~ s o r Y Y YS Y~ m Y6~. `~h ~ a '' w O ~ ~ N 1~ O N t0 .... a Z U Y K D N N a O m a Q Z ~~/ i ~ Q ~ ~ ~ ~ LI.. N ~f~ V! ~ /~''~( Vf,' Wn/ 1.[~ a ~ Q U•~ ° V N ~ ~ a ~ Lf. Q ~ W ~ ~ ~ N F 2 w I f ~ O U W ~ O 2 Z Z O ~ a o c ~ c ~ z y W ~ n n ~ Z ~ t~ N N _ ~ P a a a ~ O a ° P o O 0 ° W Z a o o a '~ = o N 0 O 0 O ~ = ~ LL M N » f9 M N y ° d ° ~ ' m t ~ o _ m a.o a 'o ~~ ~ a 0'd d 9 Q ` ~~ V~ o ~ C a E m~°-' v`0 3 u~. c t N a :O '- ~° ~ LL ~ p . .. O~_ N. N vi O O_ T Q It y 'N ~C.. N ~~ Y m m~c d a w'D ~ m O ° N 0. g N'O L~ m v~i A = p Q 6 Z ~ N W C L ~' q C- { p m ° ~O .i.~. ~ ~ O Vdd ~~u r9"4 ~C ~ ~ w ~ (0 y ~ Q ~ m N a .Ep P N U N L~~ G~ R~C ~ N ~ F P y~ j ~~ C C U n r ~ s E~ "~ N '. . N W ~ c Oi 6 pN O N y N ~ C 4SS:d'0 ~ ~Oy L ~~ N LdL y 3 p N my~ ro ~3 E_ o C m U C h ry W N N N t C ~., c ~ E ~" ~ dD p S> ry ry. O, m"P C.~ 'L" N... N 'n ~ O L O C > 3 Zl N N O d N C 9 W O 9 N C V P r C C m O 4. ' S C 9 N O C j N ~ y ro ~~ j N D C `L ~ p C 3 O f0 ~p V N ~ C N~ E ~ G N ~ C lY Y ~ ,g ~ ~ W W° c d c~E c U ' ~ m ~ ~ ~ o o ° m m ~ "o c`m y ~ 9 L c C ~ . O x ~ Q~` ~S ~ n 'D w F Q ~ 4 N O I- ~U '1 V V'~ Q vmi C 0. 9 ~ a ~ i~ ~0 G ~_ O C ~ j a J ~ ~ ~ ~ Np m ~ p- d o d N m ~ V n~ i, ~ O O ~ ~~ > 0. cm 2 v ~ a~# C d a ~ LL °s I ~ Y ~ ~ ~._ ~, ~o ~~ ~ ~ G Y N ~ F ~ ~ W O ~ n m m ? a ~ 55 L V O Y K L a v N N a ~ y ~ N a Suggested by: Adrninistratron CITY OF KENAI RES~LU`Y"TO1N NO. 2007-68 A RESOLUTION OF THE COUNCIL OF THE CTTY OF KENAI, ALASKA, ADOPTIIVG THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE OF ALASKA FUNDING REQUESTS FOR THE FISCAL YEAR 2009 FOR SUBMTSSION TO THE KENAI PENINSULA BOROUGH WHEREAS, the Capital Fmprovements Plan (CIP) is a guide for capital expenditures; and, WHEREAS, the City oF Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legisiative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the Capital ImprivemenYs Program adoption on November 7, 2007. NOW, THEREFORE, BE IT RESOLVED BY TI-TE COUNCIL OF THE CITY OF KENAI, ALASKA, adopts the attached Cit}- of Kenai capital Improvements Plan Priority List for State of Alaska Funding Requests for the Fiscal Year 2009 for submission to the Kenai Peninsula Borough. PASSEB BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of ATOVember, 2007. PAT PORTER, MAYOR ATT'EST: Cazol L. Freas, City Clerk 56 Z ~~/ i ~p''y V ~ ~ ~/+{ V ~ ~ F'° ~ ~ ~/°~ v fMde W U Z Q ~ ~ W 4 ~~q V! ~ - C ~ 'o ~ C P ^ O"Y p ~~ N~~ V y CL ~ o ad y a ~ ~ a ._~ I ]Es ~ = ~~Ni.TNN ' ~~L" ~ n>. GY W nJ n N N O O tC ~ 6~ : C C t~„Q ~ E N- lC '_ N O S rJ Q~ N LL U= C~ p g';s p~ 4L, Y ~ ow ao ya ~~E~.o ~ > ~> o N ' o c g~~ . '.$ ° a~ ~ m~' 6. t - H zd° g~°'~ v ~~~g,, ~ H ° " ~« ~~V ~.G F C O Z C tU V.D m fi Q N ~C E o~. O U ~ I- Et a m ~ ~p v,a~ m d <> ~ °' .o ~i, -q ~ o,v_, p~y ~- w C ~' > VS N C'~ f+ N ~ ~J tC N N > O ~ 9 C ~ ~. WO:~ ~- cc N dO~ o.'w o~u O~N "T C.O mE2~`o~'~5 N(~i E 6 CN ~ ~c E ~` ; O ' ~~..~ ~' ~ y~ LJ '~, o U m s. p N N T G N ~ t c Q N y v U a H v~ ~ ~' ~--3, LL Cl ~ ~ y ~ p,~ ~ 4' ~~T, `'~ ja '~ > ~ C~ C N ro E O ~ O!!~ y E y~ U~ C V f/~ O .~S ~ R o . . '~ ~ ~ o i ~ ~ U N ,: ~ ~ ^ = a ~ ~ : A c ~ ''19 Y ? ~ w °- N~ ~ E o " N Q ~~ ~ a Tn ~ U~p~~ U~'D 'P. ~ F ~ n N L ~ ~ Y D V U ~~ C U ~ E~a C~ f!S O N ~E m r`o e9 d v N T y N~ C V L ~ [ ry~ E ~' P N N C 4 n _ Q~:+i n w° N ~p F~ ~ m ~ N v~ ~ Q a 6~l F~- ~~ z Z p~ c 4° e o c a .. e o Q c. 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O d Op N - ~ O N C N 6 O` G ~ y T Z N(0 L C C YA ry d~ N N._ 9 N N • U N= 4 C C 6?. a O ` U 9 fD ~S ~ p~ ~ O~ ~ lA O p N 3 6 N N~ 7 'li ~ ~ T O~ O O N " V 9 O' r N C~ ' ~ C U O E~O N 4 ~f' . o a N ~o °°o m ' `0' ~ o ~` ' 6 ~ d d ' ~ N nd c m nv- E N a O.: G D xcdoa `c c ~ N m c ~~~'in ~ ~~ ~ 'O ~ c~~ ma ,~ L J' N 9'.: N >m d 7 O yQ'~ ~o da > d O d ~.x 9 ~ L ~ ~ 'O N sm~cm uo> ~' G O >=!C 3 ~'.m ~°y ~ N O N E ' `c 9 N UJ ~ O N N V O' ~ y~ 4 1 C U N'i } 9 C 6 p N _ ~ Oi V N C C O~ L h Q C.p {- C~ V O 3 4 C K E 9 T ~ Q O~ ~ t~ 0 S C N N U~ U V~ p~ J C~O) N C C d~` N f !' ~~ Y N'JE ~ V.M. ~~ ' r > ~~ d a d~G ` O 6 3'O O ( C N N E C C W J d ' ~.O m O 1 N= O U U'.i 6 eAp~%_O j N L ~ O•m O ~ L U~ E .= N C~ 6 '~ ~ (J ~ S Q C f n N C a N ~ N~ O T ~ ~ ~ 1 ~ ' ~ b~~' L ~ ' L E ' O . C S ~ N ~ Q- C 6 i- W LS N D 2' C O a G J (J : U 6 D I" N<U h N . ~ w O I p N d m U d = C C N N T ~J T ~ J d r a U~ ~ S _ ~ m q 1- ~ N ~i eiS (fJ p~ m ~j N.'C 1- W ~ O1 ~ O ~ C =~ N~ pCf u' ~ Q a N N > T -:S ~ w Ea U o E (J ~ o ~u = ~ ~ ~~ c o e ~ oz a d ~ `m `c C ') ~ t^ y c a ~ j w U ~ n ~ m R :c w~ ~ '~ ~ x c: °5 m m V ~ Q m ~ ~ ~~ i° ~ ~~ ~ S' w~~ n o ~ p o c o iT ' c~ YU ~ ~ d d C ~ ~ Y E ,b YU >"..t ~ u Y (J ~a _ ui ~ m A ~ m ~ N N Q {i' `- N N t V N ~ a z ~ ~ O ~ L6. Y ~ D N d a M 0 M m a 5'! ~ Suggested by: CYTY OF KIENAI RE30LUTYOId Nd?. 2007-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWt1RDING THE VINTAGE POTNTE MANOR CARETAKER CONTRACT fi0 PLEEZERS ENTERPRISE, FOR $2,000/MONTH, FOR THE PERIOD OCTOBER i, 20d7 THROUGH JUNE 30, 2008. WHEREAS, a Request for Proposals was solicited for Bixilding Caretaker Services for the Vintage Pointe Manor and there was no response; and, WHEREAS, subsequently, an advertisement was placed for a contractor for Building Caretaker Services, four applicants responded, and each vendor was interviewed by City representatives; and, WHEREAS, negotiations were ccanducted with Pleeaer Enterprise for a contract for $2,COOj month for the period Cctober 2, 2CC7 to June 30, 2008. WHEREAS, the Council of the City of Kenai has determined that approving a contract to this vendor will be in the best interest of the City. NOW THEREF6RE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE VINTAGE POINTE MANOR CARETAKER CONTRACT BE AWARDED TO PLEEZER ENTERPRISE, FOR $2,000/MONTH, FOR THE PERTOD OF OCTOBER l, 20d7 THROUGH JUNE 30, 2008. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7~ day of November 2007, PATRICIA PORTER, MAYOR ATTEST: Corene Hall, Deputy City Clerk Approvefl by Finance:~ RC/kh 60 MEMORANDUM To: Rick I~och; City Manager I'rom: Larry Semmens, Finance Director Date: Noveinber 1, 2007 Subject: Vintage Pointe Caretaker Confiract At the October 17, 20d7 couneil meeting the ~ity Council removed a purchase order from the approval Iist and asked for a resolutian approving the award of a coi~tract for careYaker services at Vintage Pointe Manoc in Iceeping with fhe process that has been done in the past. T`he reason tllis i~latter was included ~s a~urchasa order rather ~l1an a resolution is because the process for obtainiilg ths cont~-act was different tllan in prior years. Normally the administration only brings resolutions for cer.tract award if a fern:ai bi~ process is used. The forma? bi~ proces~ is only needect for awards in excess of $25,000. A request for proposal was solicited as we have done in the past, but no proposais were received. A second attempt Co find a contr~actar was made by placing an advertisement in the newspaper. This exteiaded process put us right up against the dep~rture date af the prior eontractor and it was iinportant to h~ve a new contractor in place as soon as possible. Four interested pai-ties responded. Lach party was interviewed and Pleezers Enterprise was selected to be the contractor at $2,400 per month. The contract period is to ivn frorn October 1, 2007 to June 30, 2008. Since the pracess to obtain the contracto~• was not a forrnal bid process and given the fact that tl~e amaunt of the contract was less than the amount that requires the fornlal bid process, the adininistration forwarded a purchase order to council rattier than a resolution. The resolution in the packet is essentially ratifying acYian that the administration has already talcen due to the neecl to have the contractor in place. A1tho~igh the inatter ciearly could be done by approvai af an $18,000 purchase order, we are including this resolutian at the request of the Council. 61 ~ . Suggested by: Bob Mouoy ts~ tsarry ~ianagc ~ITY O1F KENFaI R.ESOLUTION NO. 2007-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF K~NAI, ALASKA, REQU~STING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES (ADOT/PF) INCLUDE IN KALIFORNSKY BEACH ROAD REHABILITATION, PROJECT 58703, A SEPARATED PEDESfiRtAN PATHWAY FROM STATION +~- g2'7+00 (CANNERY ROADj TO STATIQN +~-944+p0 (BRIDGE ACCESS ROAD). WHEREAS, ADOT/PF is undertaking Project No. 58703 to reconstrucY and upgrade Kalifornsky Beach Road from it's intersection c~nth the Sterling highway to it's intersection with Bridge Access Road;and, WHEREAS, this alignment includes ihe area between Cannery Road azad, E3ridge Access Road; and, WHEREAS, Tke City of Kenai has requested a pedestrian pathway be included in the scope of the work at each opportunity we have been involved in glan reviecas; and, WHEREAS, there is a high volume of pedestrian and bicycle traffic in this area; and, WHEREAS, this voiume of pedestrian and bicycle traffic being forced to share a siX-foot shoulder on a roadway wittt a high design speed and large traffic volumes, creates an unsafe condition; and, WHEREAS, the construction of a separated pedestrian pathwap on the north side of Kati:ornsky Beach Road 'u~ this area does not appear to be in conflict with cultural resources identified in June l, 2007 correspondence from Daniei Thompson of the Ataska Bepartment of Natural Resources (ADNR) to Megan Costello of ADOT/PF; and, WHEREAS, the cost of construction af a separated pathway will be lowest if accomplishefl in conjuncdon with the re-construction of the adjacent Kalifornsky Beach Road. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, tlzat ADOT/PF inelude in the Kalifomsky Beach Road rehabilitation, Project No. 58703, a separated Pedestrian Pathway from Station +/- 827+00 (Cannary Road) to Station +/- 944+00 (Sridge Access Roadj. PASSED BY THE COUNCEL OF THE CITY OF KENAI, ALA6KA, this 7th day of November 2607. PAT PORTER, .'ViAYOR 62 ATTEST: Carol L. Freas, City Clerk 63 ~ ~~ ~ -~ ~~., .r , ~z ~,~ ~ ~ ~ "M, ,:.., _._,. / ~ Efle~Gf.Ly P f' ~ KENA~ SKA „l/if~~~e wit~i a Past Gt`tV wit~t ~ Fr~tu~°e„ 210 Fidalgo Avenue, Kenei, Alaska 99611-7794 ~~~„ Telephone: 907-283-7535 / FAX: 907-2&3-3014 w~~'i ~ag2 ~_T1~~_T1~ a TO; City Gouncil FRdM: Rick Koch ~A.TE: Idovednber 2, 2007 SUSJECT: Resoiufion 2d0T-70, Support for the Construction of a Pedestrian Pafhway along a portion of Kalifornsky Beach Road during ADOTiPF Praject No. 58703 The purpase of this correspondence is to discuss the above re£erenced resoluYion. The City has been involved in at least three diftereiit plat? raviews with ADOT/PF' for the Kalifomsky Beach Road Rehabilitati,on, Praject No. 5$703. During each plan review wa submitted commeists requesting tl~at a separated pedestrian paYhway be inctuded in the afigiunaut between Cannery Road and Bridge Access Road. We also requested that intersections of Kalifon~sky Beaeh Roacl and local, roadways have overhead Iighting inetalled as a colnponen2 of this project. ADOT/PP did not respond ia any manner to our coirunents through the design pracess. I wrote a]etfer to the Regional Director on this subject dated August 30, 2007 (aYtachefl) and did receive a response dated September 24, 2007 (attached). To summarize, Mr. Ksith infonn.ed me the Kenai Peazinsula Bomugh (I~PB) projecf »otninaiion did nat include a request for a separated pathway, aaid tbat the project had a limiied budget. He went on to suggest that if a separated pathway is a goal of the City of I£enai, then we should secure funds for tihe project, and ADOT/PF would work wiSh the City ta allow us to constrtiict a pathway in their ROW. As you might imagine, I was ]ess thazi eilarnored with the tone of flie correspondence. Both my letter and Mr. Keith's leltar have been included as i,nfotmational iYems ~n previou~s Caui~cil packets. 64 W'sCh the above background havi~ag been sfated, F waut Co confinn d~e administration has been, and conti,nues to be supportive of the construction of a separated pedestrian pathway along tlus section of Kalifon~sky Beach Road. We believe an unsafe condition will continue to exist if an ever increasing volume of pedestriatss and Uicycies are forced. ta slxare a six-foot shouider along a 55 mile-per-houY• i•oadway with automobiles a~rd other commercial vahicles. This project is being undertaken as a result of the KPB having nominated th'rs project under the Statewide Trazisportation flnprovement Prograxn (STIP). I suggest we support and ~ncourage the I~PB to talce tlie lead iu requestitizg the pedesf~~ia» paChway be added to the project. It appears they have some standiug with ADOT/PF based on Mr. Keith's letter. The only concern tlaat administration has regarding this resalntion, is that if we talze the lead and are somehow successful in pressuring AI30T(PF into adding the pathway (I est~maCe $ 750,000 to $ I,SOQ000), the cost of tlie pathway then izzay becomes pait of our "share" of legislaCive appropriations, possibly Caking away froin otl~er priorities already estal~l.ished by the City. Council ntay wish to cansider re-wording the resolution tp support a~ad eucourage the Kenai Peninsula Borough to reguost Yhat ADOT/PF eoi~struct a patItway as a eo~nponent af the project they previously nominated to the STIP. Thu1k you for your attentioai in this matter. If you have any c~uestions please contact me at your convenience. 65 ~~ T `~~ (~. :~~_~ ~ the ufjr o f ,~ KEN ~ SKA August 30,2007 „~~(a~e t,~it~i ~ F'ast, Gi~ Lvit~i a Fr~~~v'e`> 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Teiephone: (9Q7) 283-7535 ( Fax: {907) 283-3414 www.ci.kenai.ak.us Gordou Keith, P.E., Assistant Commissioner Alaska Department of Transportation and Pnblic Facilities Box 796900, MS-2525 Anchorage, AK 49519-6964 Subject: Kalifarnsky Beach Road Rehabilitation, Project lvo. 58703 Aeu Mr. Keith: The gurpose of this conespondence is to discuss the above referenced project and to express the City of Kenai's strong disappointment that a separated pedesCrian pathway was not included in a portion of the groject. The City of Kenai has prevaously requested a separated pedestrian pathway be incorporated in the praj ect from station 827+000 (Cannery Road) to staYion 444+(~0 (Bndge Access Road}. Each time the City of TCenai was afforded the opportunity to submit comments ragarding this project we requested a pedesfrian pathway Ue inclnded. There is a high volume of pedestrian and bicycle traffic along the section of Kalifornsky Beach Road. This pedestrian/bicycle traffic is generated by the following: 1. Residents that live in subdivisions along Kalifornsky Beach Road (sta 827-~06 - sta 944+00) going to Kenai, businesses to che east along KaliFornsky Beach Itoad, and recreating in Yhe area of Cazinery Road. 2, Fish processing plant employees working at the twa plants on Cannary Road traveluig to Kenai or businesses on Kalifomsky Beach Road. 3. Residents fram Kenai and along Kalifornsky Beach road going to Cannery Raad to recreate andlor visit businesses. 4. Tourists walking/bicycling recreating, sometimes traveling frorn bird/wildTife viewing areas alon^ Bridge Access Road to bircUwildlife viewing areas along Cannery Road. The construction of a sepazated pathway on the north side ofthe R.O.W, does nat appear to ba in conflict with cultural rasources identifiad in June 1, 2007 correspondance from Daniel Thompson of ADNR to Megaii Costello of ADOPT/PF. 66 Construction of new residential subdivisions zn This azea will increase pedesirian and bicycle tra£fia Totuism activities, pr'smarily hirdlwildlife vie~uing, eonEinues to grow, whzch will resutf in increased pedestrian and bicycle traffic along this section of Ralifornsky $each Road . The project as-designed provides a six-foot shouider. This daes not provide a safe, adequate pedestrian pathway for children and adutts along this busy roadway wiCh 55 mpl~ design speeds. The City ofKenai respectfully requests that ADqT/PF recansider their decision, and as component of this project to construct a separated pedestrian pathway in the Kaiifornsky Breach Road R.O.W. between Cannery Road (sta $27+OQ) and Bndge Access Road (sta 944+00}. Thank you for your attention in this matter. In the event you or your staff have any qnestions please contact me at your earliest conveirience. Sincerely, CITY OT'~~NAI ~ ~2ick°ICoch City Manager Cc: Governor Sarah Palin Senator Tom Wagoner Representative I~urt Olson Repzesantative Mike Chenault Commissioner Leo von Scheben, ADOT/PF Deputy Commissionar 3ohn MacKinnon, ADOT/PF 67 D~P'AZ2T1A'f~RT ~F'i'1&`bIYSFOR~'.4T'IQR ~& PY,TSLI~.FAC~I,Y'TLE~ ItEGIONAL DIRECTOR'S OFR7C,E - CEN7RAL, REGIO.N September 24, 2007 Mr. Rick Koch City lYlanagax City af Kenai 2S0 Frdalgo Avenus Keizai, Alaska 99611-~744 RE: Kalifornsky Beach Road Rehabilitation, Pxaject 58703 Dear Ntr. Koch: SARANPALIN, GOVERNOft 411 Z AV ATI£1N AVLNUF P.O. Bax 196900 ANCHOPviGL, ALASKA 99519 TGXT.~(4D7J 269-OA73 FAX~ (907) 7A5-?573 PHONE: (907) 269~0770 Tl~ank you for yonr August 30, 2007 letter rega~ding the Czty's desire to see a separated pafhway aJong Kaifornsky Beacb. road iroin Bridge Access to Catmery Road. The Dapariment o£ Transportation and Publi,c Racilities (AOT&P~) appreciafes ihe effort the CiYy has made to provide input about this projeet. A. separated pathway is outside the scope and budgeti of tlvs grajecf. The scope was defined tl~rou~ the projece nomination made by tlae Kenai Peninsula Borough, and made no xeference to a pathway. Tlus project is an'eirely state funded and has a limited budgeY. The bud~;et is sufficient for the b ven project scope, and has no allowance for 2.2 miles o£ separated pathway. Wliile a separated pathway may be more d~sirable to flle local oommunity, the 6-fQOt shoulders being grevided meet t~he desibr. aaideInies established for safe use by bicyclists and pedestrian;. Tf having a separated pathway along this porrion of the Kalifornsky Beach Road is a goai of Che Ciry of i~enai,lhen you will need fo seeure flie £ui~ds Por such aproject. The de~arCment wiIl work cooperativcly witli tbe eity of Kenai to al,low installation of tha separated paCh in DOT&PF right of way. Thantc yau for taking the time to convey the City's desire for a separated pathway. Sii~eerely, ~'" ~ f e~.~t~~~~`:.~,~'• ~~~~~'_ ~Gordon C.'Keith, P,E. Regional i~irector ... "I'rorrdiiu3 f'or CP~.e rnUZ,em.erzt of'pc,v~le cz~td yooc{.; carad 2Yxe c~n,Ziver^~,~ oj sta~#e ser-uices." 68 ~~ Suggested by: Administration CLTY OF 1KETITAI 12ESOLUfiIOPT NO. 2009-71 A RESOLUTION OF THE COUNCIL OF THE CTTY OF KENAI, ALASKA, ACCEPTING THE DONATI01\T OF AN INDL'STftIAL FIREFIGHTING PROP Tfl BE USED FOR TRAINING AT THE P.R.I.S.?v1. ~[THEREAS, ConocoPhillips Alaska, Inc., as a charitable donation, has offered the Git}~ of Kenai an industrial gas wellhead traisiuzg prop valued at over $80,000; and, WHERFAS, the prop simulates a typical oil or gas wellhead comznonly called a "Chrisfimas tree" VJHEREAS, this prop will enhance the present industrial flrefighting training occurring at the training center; and, LVFiEREAS, ConocoPhillips Alaska, Inc. will bear any costs of transportation and deiivery. NOW, THEREFORE, BE IT RESOLVEL3 BY THE COUNCIL OF 1`T-IE CITY OF KENAI, ALASKA, that it authorizes the City Manager to execute the Property Donation Agreement f Exit Pass accepting from ConocoPhillips Alaska, Inc., the charitable donation of a"wellhead training prop". PASSED BY THE CIfiY COUNCIL QF THE CITY OF KENAI, ALASKA, this 7th day of November, 2007 PAT PORTER, MAYOR ATTEST: Carol Freas, City Clerk 69 ~~ ;~~-~ - ^-: _,_,~_~ ~ ~~ tlre~ci~ a f' /~ K~PiA1,~~,ALASKA October 31, 2607 Dawn. Holland-Willianis „Uilla e witlr a pRSt, Gi I~ .~ ~ 210 FidalgoAvenue, Kenai, A(aska yati77-rra4 ,,,.~~, Telephone: 907-283-7535 / FAX: 907-283-3014 ~~~~~~ 1952 Alcoholic Beverage ConLrol Baard State of A]aska, Department of Revenae 5848 P,. TudorKoad Anchorage, AT~ 99507-1286 Snbject: Transfer of Liquor License from Carter Enterprises, Ine., d/b/a~ Rosita's Mexican Restanranf Co Jose Ramc~s, d/bfa/Don. Jose's Maxiean RestauranC Dear Ms. Holland Williains: The purpose of this conespondence is to inform you the Kenai City Council will address the above referenced liquor license transfe~• at iYs next regularly scheduled meeting of Novembex 7, 2007. TChis item is on tho consent agenda and admi~istiation anti.cipates no objectioi2, without disc'ussion. Thank you for your attention in tl~is matter. Tf you have any questions please conLact me at your ~arIiest conve;ui~ence. ~ Sincerely, .T Y OF ~fiNAT ~~~ Ric R. Koch City Managei Cc: Sherry Biggs, KPB C1erk Jase Ramos 70 OCT-26-2007 FRI 01;DB PM KENAI PENN BOROUGN CLERK `~ ".~, w. October 26, 20q7 Ms. Dawu TTollanct-Williams Records & Liconsing Supervisor A.lcoholic Beverage Control ~oazd SSfl W.7thAvenue tlnclzorage, AK 99501-6698 Re: Transfer of Own~rship end, Nama C1lange Licansc ~{3034 Dear Nts. Eiolla~id-Witliams: SHERRY BIGaS, CMC BORC}UGH CLERK Please be arlviseii tkat the I~anai Peninsula Borou~h 3~ae no oUjection to the transfer of ownership, lucatifln and namc ohange ofCho foIlawiu~ liquor licenea, loaaied witltin the Gity of Kanai, Alaska: C1wne s ' ~'1tOIv1: Carter ~nterprises, inc, D.B.A. Ctosita's Mexican ttestawant T0; Don Jnsas LLC D.B.A, Don 7oses lvZexiean Restai~rau4 Ifyau sisould have any qnestions, piease feel froe io contact me. 9incerely, ~ ~ ~ ~ l.' ~ U Sherry Biggs, MC Barough Clerk CC: A]~j.7110&11L City ofTCenai TCP13 Finance Departtoent Fi}c FRX N0, 901 262 8615 P, O1/01 KEI\I~1 P~NIIVal~M,.~ BOROIJGH 1~h N. BtNKL.~Y ST ~ SOLDOTNA, AI.ASKA ~ 99669-7520 PH~NE: (907} 914~21 ~0 • ~AX: (907} 714•2389 Toll~'Pree within 4he Borough: 1-80Q-478-4441, Ext. 2160 EMAIL: assernhlyclerk@borough.kenai.ak.us 71 S:\WPWINt~ATA1ABC RuertMAC IcucMTmwCmLruiefcrlooutioa ~+wnrrd+iry~ wmc cLwpe'm c~Y•wpd State of Alaska Alcohotie Beverage Control Baard Date of Notice: October 26, 2007 ~'~ ~OY%'E"f$A093 Apptication Type: NEW ~ TR4NSFER X Ownership Location X Name Change Governing Body: City of Kenai Community Councils: None License #: License Type: D.B.A.*: Licensee/Applieant: Physical Location: Mail Address Talephone #: EIN: 3039 $everage d3ispensary ~on Joses Ivlexican Restaurant Don Joses I.I..C 205 S VJiilaw St 127 W Pioneer Ave Homer AK 99503 907-235-7963 907-235-7964 Fax 20-Q270278 CorplLLC Agent: Address Phone Date and State of Good standing? j ~ Limitefl ParEnershi /Co oration ! Jose Rainos 127 W Pioneer Ave 907-235- September 28, 1995 Yes i Homer AK 99603 7463 i Please note: the Members/Offrcers/DrrectnrsfSHareholders (pri~zcapats) listed below are the principal razemfiers. Tlzere may be additional members that we are nof aware of because they are not primary me»¢ber.s. We have listed all nrineiaal members and those wha hold at feasd 10% shares. Member/Officer/Director: ~ ; DOB , , Addsess ~ Phone ~ Title/Shares (%) Jose Ramos 9/16/57 127 4J Pioneer Ave Homer AK 94b03 907-235-7963 ( President 51% I Mazia C Ramos ' 10J171Q7 127 W Pioneer Aee Homer AK 99603 907-235-7963 VPISec/ Treasurer 49% ~ I ~ i ~ I I ~ ~ If transfer application, current license informarion: License '+~: 3 U39 CtrrrenE D.B.A.: RosiYa's Mexican Restaurant Current Lice~zsee: Carter Enterprises, Inc. Currenc I.trcafion_ i' ZO.~s ~; V6'i9fow'"st Addifional cornments: RestauranY Designation permit appiication will he sent via U8 mail. ORIGINAL AFPLiCAT[ON MUS"I' BE RETURNED. 72 ~.a~~~,~~~~. ~~,~~,,~ AGENDA KENAf CTTY COUNCLL - REGLiLAR MEETINQ'r OC'FOBER 17, 2d07 7:00 P.M. KENAI CITY COUTaCY%. CHAM'B httu: / /www.ci.kenai.ak.us iTEM A: CALL TO QRDER 1. Pledge of Allegiance 2. Roll Call 3. CERTIFTCA'FIOAT OF ELECTI0~3' 4. ADNiiNYSfiER OATHS OF OFFIGE 5. ELECTION fAF VICE 1~YOR. 6. Agenda Approval 7. ConsentAgenda *All items lisiefl with an asterisk (*) are considered to be zoutine and non- controversial bv the council and will be apbroved bv one mofion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed £rom the consent agenda and considered in its normal saquence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULEI7 PUBLIC COMMENTS (3 minutes) ITEA+I D: REPC3RTS OF KPB AS3EMBLY LEG%SLATORS AND COi3NCILS ETEM E: PLTBLTC HEARINCrS (fiestirnony limited to 3 minutes per speaker.) Osdinanee No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account far In Kind 8ervices Provided to the Soccer Park Capital Project Fund. 2. Ordiaanee No. 2256-2407 - Fncreasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund for a State Grant. C}rdiAaaee No. 2257-20~7 -- Inereasing Esfimatefl Revenues and Appropriations by $888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 4, Ordiaaxtoe No. 2258-2004 -- Increasing Estirnated Revenues and Appropriations by ~w592,541.34 in the Wildwood Drive Capital Project F`und for a 8tate Grant. 5. Qr~ixcance No. 2259-200fi -- Increasing Eetimated Revenues and Appropriations by $1,15Q,139.22 in ehe Marathon Drive Capitai Project Fund for a State Grant. 73 ~rd'xnaace Na. 226d-2007 -- Arnending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Gazbage" and "Litter" Under the City Code. Ordinance No. 2~62-20fl7 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General F~and to Pay for'IYaining Ammunifion, Small Tools and Improvements to Police Department Repnrt Writing Stations. 8. Ordinanee No. 2262-2007 -- Amending KMC I4.15.660(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code. 9. Ordinance No. 2263-2007 -- Increasing EsLimated Revenues and Appropriations by $20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility. 10. Resolutsan Na. 2007-59 -- Approving a Contract to Hattenburg, Dilley & Linnell, LLC (HDL) for Engineering Design Seroices for the Project Entitled Marathon Road Improvements for the Aot-To-E~ceed Amount of $164,856. 11. Resolution No. 200?-60 - Approving a Contract to Wince-Corthell- Bryson far Engineering Design Services for the Project Entifled Wildwood Drive Improvements for the Not-To-Exceed Amount of $45,500. 12. Resolu8ion No. 20Q4-6 Z-- Awarding a Three Year Contract for the Operation and Management of the Kenai Rccreation Center to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of $130,000 Per Annum, With an Option to Renew for Two Additional Years. 13. Resolution No. 20Q7-62 -- Designating that Lat 1-A Sprueewood Glen Subdivision Number 7~vo be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer. 14. Resolutioa No. 2007-63 - Authorizing Approval of a Frovisional Certificate of Public Convenience and Necessity far Kenai Landing, Inc. ("KLI") for Pubiic Water Utility Sercice. ITEM F: IIHIPTUTES l. *Regular Meeting of October 3, 20p7. ITEM G: URFINISHED BUSINESS ITEM FL: B'slls to be Rat~ed 74 2. Approvai of Purchase Orders Exceeding $15,000 3. *Ordinance Nce. 2264-2007 -- Accepring a Grant From the State Division of Horrzeland Security and Emergency Management 2067 State Homeland Security Program in the Amount of $243,00(3.00 and Appropriating the Grant in the Kenai Emergency Operations Center Capital Project Ftind. 4. *Ordinance Na. 2265-Z00'7 -- Increasing Estamated Revenues and Appropriations by $58,640.00 in the General F1ind for a Grant From the State Division of Homeland Security and Emergency Managernent 2007 Law Enforcement Tei~rorism Prevention Prograxn to Provide P25 Radio Consolette Upgrades to the City Communications {Dispatch) Center. 5. *Ordinance No. 2266-2607 -- Increasing Estimated Revenues and Appropriations by $2I,250 in the Airport Fund and by $850,000 in the Runway Improvement Capital Project Fund for Capital Improvements, 6. Apgroval -- Library Regulation Update/Inclusion of Unattended Children Policy. 7. DiscussionJAppraval -- City of Kenai/KCHS Sld Team Contract for Services. S. Discussion -- Assignment of Commission/Committee Liaisons 9. Discussioxe -- 2007 Dip Net Fishery Report YfiEl~t Y: COMMIS6IQIaI~t3MMITTEE REPORfiS l. Council on Aging 2. Airpart Commission 3. Harbor Commission 4. Library Commiss'san 5. Parks 8r, Recreation Commission 6. Planning c~ Zoning Commission '7. Miscetlaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report a Jaint Kenai River Working Group d, Mini-Grant Steering Committee ITEM J: REFORT ~~ TE£E MAXOA ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: 75 Ci~izens (five minutes) Council ITEM M: PENBING LECYbSLATIL-Fd (This item lists legislatzon which wilt be addressed at a Cater date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Mixnicipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection'It~o-Cycle Engines. (1/17/07, Tabled, no time cerCain.) ~rdinance No. 224U-2U07 -- Amending KMC 21.10.07P to Give the ftirport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7/18/07, Tabled, no rime certai~ti.) EYECUTIVE SE:S5ION -- None Scheduled ITE&i M: E~DJOURNMENT ?6 KENAI CITY CCtUNCIB. ° I2EGULAR MEP't'iNG OCTOSER 17, 2007 7:00 P.M. KENAI CITY COVNCIE. CHANiSEFtS httn~ / /wc~nv.ci.kenai.ak.us MAYOR FAT PCIRTER, PRESIDIIVG MINUT`E6 iTEM A: CALL TC3 PJRDER Mayor Porter called the meeting to order at approximateTy 7:00 p.m. in the Council Charnbers in Yhe Kenai City Hall Building. A-1. PLEIDGE OF ALLEGLANCE NTayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: ~ Linda Swarner Barry Eldrid e Rick ]2oss i Robert Molloy Mike Boyle ~ Pat Porter Absent was: Joe Moore, Vice Mayor A quorum was present. Also present: Brittany Harding, Student Representative A-3 CERTIFICATIOIV OF ELECTIQN City Clerk Freas read the Election Certification into the recard as follows: CLTY OF KENAI 12EGULAR ELECTION OF OCTOBER 2, 2007 WE, the members of fihe Kenai City Council, do hereby certify the results of a canvass af the ballots for the Regular Election of Octolaer 2, 2007. ~ ABSENTEE tin-person, by-fax, personal needs, by-mail} APiD 1JE3TIOIVED $ALL(1TS RF.CENED 165 ~BSENTEE/QUES1'IONED BALLOTS REJECTED l0i ABSENTEE/QUE:TYQNED BALLOTS COVNTEI3 155 POY.L VdTER TB}RN 'UUT `~3.3% TOfiAL iTOTER TURN OUT 26.3% i NUMBER dF KENAT REGISTERED VOTERS 5,045 ~ VOTEI2 TLTRN OUT 1,328 T7 KENAI CITY COUNCIL MEETING OCTOBER 17, 200'7 PAGE 2 ~+,~~+~~~~+.:rv: ~~~.:~xx~~:xwce x,e:e~xx+~~x x*~x ~; :~~~:,ra+u.*ax~:rx~x sa~,~~~x:~~+,~+a~:~:,r~~: ~~:~,rxx:~~~::~ ~,~3:e~r+x~~~;,:~x~~x~: MAYORlONE THREE-YEAR SEAT: ~~ CANDIDATE PCSLL VOTES RECEIVED ASSENTEE, ' ETC. VCiTES ~ RECEYVE37 '' TO'£AL VOTES ' RECENED PORTER,Pat 663 95 758 BOYLE, Mike 483 55 538 '' Write-Ins 4 1 i 5 CIfiY COUNCILlTHREE-YEAR SEATS: ' CANIDIDATE ~ P(SLL VOTES RECEIVED ABSEI~STEE, ETG. VOT`ES RECENED TOTAL VdTES ~ RECEIVED ~~ELDRIDGE, Bar 4$6 ', 63 549 ' SMALLEY, :~-Iarold "Hal" 713 ~ 92 805 ', MOORE, Joe 470 75 545 ' I ! I Write-Ina 11 2 13 PROPC}SITION NCI. 1/BLUFF ER06ION CONfiI20L POLL ASSENTEE, TOTAL VOTES V4TES E'tC. ~ RECENEI3 RECEIVED ~ VOTES RECEIVED ~ YES VOTES 6S2 91 743: ( NO VOTES 494 63; 557 PROPC?6ITION PTO. 2/LI&RARY BONI3 POLL ABSENTEE, TOTAL Vt3TE5 V~'~ES E'i`C. RECENED RECEIVED , VOTES , ; ' RECENED ' YES 'V'f7TES ~ __ 746 91 ~ 837 - NO VC}TES ~ - 402 ~ 63 I 465 48 KENAS CITY COUnTCIL MEETING OCTOBER 17, 2p07 PAGE 3 MOTION: Council Member Molloy MOVEU to certify the October 2, 20Q7 General Election and Council Member Boyle SECONDED the motion. VOTE: *Student Representative Hardisz~: Yes Swarner Xes Eldrid e Yes Ross Yes ' Mollo ~ Yes Bo le Yes Porter Yes Moore I Absent ' MOTIQN PAS3EL! TINANTMC3jTSLY. A-4. ADMIN"I3TER O~ATFTS OF OFFICE Clerk Freas administered the oath of office to Pat Porter; Mayor Porter administered the oath of of#"xce ta Barry Eidridge and Hai Smalley; lvtayor Porker and Council Members Eldxidge and Smalley took their seats on the dais. A-5. ELECTION OF VLCE M.4YOR MOTION: Council Member Ross MOVEI? to norninate Council YSember Swarner as Vice Mayor and Council member Eldridge SECONEDELI the motion. There were no further nominations and the nominations were closed. vax~: '"Student Representative Harding: Yes ~ Swarner ~ Yes Smalle Yes El&rid e Yes I i Ross Yes Molloy Yes Boyle Yes ' ; Porter ~ Yes ~i ~ ' B~ll7TION PA53ED UNANEMOUSLY. A-6. AGENl)A APP'ROVAL 79 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 4 Mayor Porter noted the following requested changes: MOVE: Item H-7, Discnssion/Approval -- City of Kenai/KCHS Ski Team Contract far Services to immediately before Pixb2ic Hearings (after Ttem D). MOVE: Itern E-13, Resolntioa No. 2407-62 eo be heard immediately before Item E- l. ADD TO: Item E-Z2, Resolution No. 2007-61 - Chart indicaling Recreation Center f Teen Center Usage from 2004-2006. .4DD TO: Item E-13, Resokutian Na. 2007-62 -- R. Koch memorandum with two proposed alternatives. -- 10/ 15/~7 Richard Kelso email carrespondence -- l~/ 17/07 Merri-Gary Duby email correspondence -- Map indicating btzffers within the city. ADD Td: Ytem I-5, Parks 8s Reareation Cammission -- Applicalion for Cornmission blembership for consideration submitted by A1 Hull. MOTION: Couiicii Member Swarner MOVED for approval of the agenda as presented and Council iUIember Eldridge SECONDED the motion. There u~ere no objections. SO LiRDERED. A-7. COIdSEN'T AGENDA MC1TYOt+7: Council Member Swarner MOVEA to approve the consent agenda and requested ETIdPaNfMOUS CONSEIdT'. Council Member Eldridge SECONDED the motion. There were no objections. SCB CeR.T)Ei2ED. a~~n~c s: sc~nuY,~n Pu~Lic conarv~rrTS ~io ~utes~ Nane. ITEM C: UNS~I3EDULED PUBLIC COMMEIdTS (3 minutes) Chris Garcia, P.O. Box 203, Keuai -- Commented on concerns he had with upcoming legislation related to °connex" placed on individual properties. Garcia requested to be notified when the item would be before the Planning & Zoning Cammission. 80 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 5 ITEM D: REPOI2TB 4)T~ KPB ASSEMBLY LECzISLATORS ANII COUNCILS None. ITEM E: PC7BLYC HEAFtINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by ~w36,9d9.53 in the General Fund to Properly Account for In Kind Services Pravided to the Soccer Parl~ Capital Project N~and. A~IOTIf3N: Council Member Eldridge MOVED for adoption of Ordinance No. 2255-2007 and Council Member Swarner SEGORDED the motion. There were no public or council comments, VOTE: *Student Represantative Harding: Yea ~ Swazner Yes Smalley ~ Yes Eldridge Yes ~ Ross Yes Moiloy Yes ~ Boyle Yes ~ ~ Porter ~ Yes ~ -- - ' MOTION PE4SSED iFNANdMOUSLY. E-2. Qrdiaaace No. 2256-2007 -- Increasing Estimated Revenues and Appropriations bv $150,000 in the Pu61ic Safety Garage Capital Project Fund for a State Grant. MOfiIQN: Council Member Molloy MOVED for enactment of Ordinance No. 2256-2007 and Council Member Eldridge BECONDED the motion. There were no public comments. It was noted the project would begin in the spring. S7tDTE: *Student Representative Harding: Yes 81 KENAT CITY CdUNCEL MEETING OCTOBER 17, 2007 PAGE 6 Swarner Yes ~ Smalley Yes Eldridge Yes ! Ross Yes Molloy Yes yle i Ye~ ; Porter Yes ~ _ ~ MOTION FASSED UNANIMOU3LY. E-3. Ordimance Y~3o. 22~7-2t3f37 -- Increasing Eslisnated Revenues and Appropriations by $888,~62.42 in the Municipal Roaflway Paving Capital Project Fund for a State Grant. MOTION: Council Member Molloy MOVED for enactment of Ordinance No. 2257-2007 ~nd Council Member Eldridge 5ECQNDED the motion. There were no public comments. It was noted council would be discussing capital project priorities at its next meeting. VOTE: *Student Representative Harding: Yes Swarner Yes ' Smalle Yes j Eldrifl e ~ Yes Ross Yes MoIloy I Yes j Boyle i Yes - Porter Yes ~ MOTION PASSED UNANINIOUSLY. E-4. Ordinanee No. 2258-2007 Appropriaiions by $592,541 Fund for a State Grant. -- Inereasing Estimated Revenues and .34 in the Wildwood Drive Capital Project MOTIQPi: Council Member Eldridge MOVED for adoption of Ordinance No. 2258-2p07 and Council Member Molloy BECONDED the motion. There were no public comments. It was noted adrninistration believed the ordinance identified sufficient funds to replace the sewer lines and upgrade and resurface the roadway. VOTE: 82 KENAl CITY COUNGSL MEETING OCTOBER 1'7, 2007 PAGE 7 *Student Representative Harding: Yes Swarner Yes Smalley ; Yes Eldridge Yes Ross Yes MoIloy ; Yes Soyle Fes Porter Yes ~ ~ ~ MOTION PE4SSED TINANIMOU6LY. E-5. Qrd'aaance Na. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Mazathon Drive Capital Project Fund for a State Grant. r~o~rao~: Council Member Molloy MCIVED to enact Ordinance No. 2~59-2007 and Council Member Eldridge SECONDED the motion. There were no public comments. Administration gave a brief overview of the project. VOTE: '~Student Representative Harding: Yes ! Swarner Yes Smalley Yes Eldrid e ~ Yes ~ Ross Yes Mollo Yes Bo le Yes i Porter Yes MOTYON PA3SED UNANIMOUSLI'. E-6. Qrdinaaoe No. 2264-ZQ04 -- Amending KMC 12.20.03p by Better Describing and Defining What Constitufes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code. MC3TION: Council Member Eldridge MOVED for adoption of Ordinance No. 2260-2007 and Council Member Molloy SE~ONDED the motian. Cl~ris Garcia, P.d. Bos 2tI3, Kenai -- Garcia questioned the need for the ordinance, stated concern government was going overboard with too many specifc ordinances which would require more people to enforce which would cause cost of government and taices to rise. 83 KENAT CTTY COUNCIL MEETING OCTOBER 17, 2007 PAGE 8 '~O'TE: xStudent Representative Harding: Yes Swarner Yes Smalle ~ Yes Eldrid e Yes Ross Yes Mollo ' Yes ~ Bo Ie Yes Porter Yes MOTION PASSED UNAPfIMOUSLY. E-7. Orctinance ido. 2261-2007 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Ftiand to Pay for Training Ammunition, Small Tools and Improvements to Police Department Report Writing Stations. MOTION: Council member Eldridge MOVED for adoption of Ordinance No. 226I-20d7 and Council Member Ross SECQNDED the motion. There were no public camments. It was noYed, the funds we~•e received from drug enforcement operations. VOTE: MOTIOTd PASSED UNAIVIMOUSLY. E-8. Ordinanee Na. 2262-2007 -- Amending KMC 14.15.060(b~ to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code. 1~HOfiIOItT: Council Member Ross MOVED for approval of Qrdinance No. 2262-2d07 and Conncil Member Eldridge SECONDE43 the motion. S4 *Student Representative Harding: Yes KENAI CITY COUNCIL MEETING ocTOS~~ i ~, zoa~ PAGE 9 There were no public comments. It was noted, the change in height of house numbers wauld be for new canstruction ar remodels only. VO'£E: *Student Representative Harding: Yes ~ Swarner Yes Sma11e Yas Eldrid e Yes Ross Yes MoIlo Yes Bo le Yes Porter Yes i MOTION PASSED UNANIMOUSLY. E-9. Qrdinance No. 2263-2007 -- Tncreasing Estimated Revenues and Appropriations by $20,000 in the Airport blxnd for Deferred Maintenance Items at the PRISM Facility. MC7TION: Council Member Mo11oy MOVED to enact Ordinance No. 2263-2007 and Cauncil Member Eldridge SEC&}PT33ED the motion. There were no public comments. A brief discussion followed during which comments included: • The ordinance would provide funding to address major maintenance items that had come to light during the year. « To date, there had been no funding mechanism for repairing/replacing the items. • A comprehensive review of the facility had taken place prior to the State's tal~ng over the operation. e Items needing repair, etc. were included in the memarandum provided in the packet. • Concern expressed related to funding for repairs would be taken from the depleting Airport Fund. VO'i`E: *Student Representative Harding: Yes Swarner Yes Smalley ; Yes Eldridge Yes , R so s ( Yas ~ olloy Yes ~ Boyle Yes ' Porter Yes 85 KEIVAI CITY COUNCIL MEETING OGTOBER 17, 2007 PAGE 10 MC1TId1V Pt8SS1ED UIVLi1~iIMOUSLY. E-10. Resolntion No. 2QQ7-89 - Approving a Contract to Hattenburg, Dilley & Linnell, LLC {HDLj for Engineering Design Services for the Project Entitlefl Marathon Road Improvements for the Not-To-Exceed Amount af $164,856. MC3TImN: Council member Swarner MOVED for approval of Resolution No. 2007-59 and requested UNAPTIR'IOUS CONSEPIT. Council Member Eldridge SECONDED the motion. There were no public or council comments. v~r~: There were no objections. ~`s0 OP~DERED. E-11. Resolutioa No. 20Ci7-60 -- Approving a Contract to Wince-Corthell- Bryson for Enginearing Design Services for the Project Entitled Wildwood Drive Irnprovements for the Not-To-Exceed Amount of $45,500. M4TION: Council Member Eldridge Il~OVED for approval of Resolution No. 2007-60 anfl requested UIdAPTIA20U5 COS36ENT. Gouncil Memi~er Swarner SECOI3ISEB the motion. There were no public or council comments. VOTE: There were no abjections. S~ OF2DEliED. E-I~. Resolution No. 20d7-61 -- Awarding a Three Year Contract for the Operafion and Management of the Kenai Recreation Center to the Boys & Girls Club af the Kenai Peninsula, Kenai Unit, in the Arnount of ~ 130,000 Per Annum, LUitl~ an Option to Renew for ltvo Additional Years. M~TI~N: Council Member Ross ~POVED for approval of Resolution No. 200'7-61 and council Member Eldsidge SECONDED the mo"tion. 86 KEIVAI CI'FY COLINCTL MEETFNG OCTOBER 17, 2007 PAGE l l The floor was opened to public hearing. Brenda Ahlberg, Executive Direator, Boys 8s Crirls Club of the Kettai Penimsula -- Thanked council for the partnership between the Club and the city. Ahl'nerg explained the fee schedule; grants received for making improvements in the facility; agreed to make use statistics available to the city on a quarterly basis, etc. Council discixssian followed with comments including: • Request to include (in the agreement) required quarterly reports be provided to the city. • Frovide program descriptions and a visuaI block of time, i.e. what zs open to the pubiic, outreach and marketing. • Request the term of the cantract be amended to be two years and seven months in arder to be on a fiscal year calendar. Ahlbarg noted the usage timeframe information could be compiled; a report provided related to outreach and marketing; and, subcontract inforrnation could be provided. MOTIpN: Council Member IvEolloy MOVED to postpone action to the first meeting in Novemher in arder for Attorne5~ Graves to make modifications to the agreement as discussed. Council Member Boyle SE~ONDED the motion. Modifications were specified as: + Change the term to fiscal year calendar. • Address contractor obligations and quarter reports of ixsage, etc. • Provide semi-annual revenue and expense reports. • Provide fee schedules. Fetar Micciche, Board Fresident, Boqs & Girls Club af the I{enai Peninsula -- Micciche noted the following: • The success of the partnership, with an inerease in attendance and public safety zesponses to the facility had dropped dramatically. • Was completely amenable to all the requests. • Substanfiat improvements had been made to the programm;ng, • They would be open to marketing ideas. • Thanked the council for the opportunity to operate the facility. VOTE fSN POSTPOPFEI4TENT: *Student Representative Harding: No S? KENAI CITY COUNCCL MEETING OCTOBER 17, 2Q07 PAGE 12 Swarner Yes Smalle Yes Eldrid e No I Ross No Mollo • Yes Bo le Yes Porte` r ~No MOTION PABSED. Resalution No. 2007-6I was postponed to November 7, 2007. E-13. Resolution No. 2004-62 -- Designating that Lot 1-A Sprucewood Glen Subdivision Number'I~vo be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer. (Heard priar to E-l.) MOTFON: Council Member Molloy MOVED to enact Resolution iv"o. 2007-62 and Council Member Ross SECB3NDED the motion. The floor was opened for public comment. Kellie Kelso, 117 Walker Lane, Kenai -- Stated her understanding from the October 3 meeting the intent was to restore the entire tract as it had been in 1978 and noted, Alternative 1 would only restore half of the area; requested the Comprehensive Plan be followed (separating residential areas from incompatible usesj; and requested the council's support of Alternative 2. Jackie Oberg, 406 Rogers Road, Kextai -- Oberg stated support for the restoration of the buffer zone, Laurie Bookey, 115 Walker Lane, Kenai -- Baokey stated she agreed with Kelso and supported the restoratian of the buffer zone. Anthony Helms, 113 Walker Lane, Keaai -- Helms spoke in support of keeping the buffer zone which would help in keeping down the noise between the residential and cammercial areas. Cheryl ~aatples, 302 Sterliug Couxt, I~eaai -- Samples stated her support of the buffer zone. Richard Kalso, 117 Walker Laae, Kenai -- I~elso presented photographs of houses that wouLd be affected and stated ksis support of Alternative 2. 88 KEI~T-AI ClTY COUNCSL IVtEETING OCTOBER 17, 200'7 PAGE 13 Debbie Adamsou, 209 Partlock Street, Kena4 -- Adamson stated she understood kow folks would feel looking at the bare earth and the back of the hotel and stated her supporY for the buffer zone. With no further public comments, the public hearing was closed. Secause the property requested to be restored to a buffer zone was Airport property, it was suggested the Airport Commission review the issue prior to council talflng action on the resolution, MfJTYORT: Council Member Ross MOVED to postpone action on the resolution and until the Airport Cornmission could review and receive input. Council Member Eldridge SECONDED the motion. It was noted the nea~t regular meeting of the Airport Commission was scheduled for Novernber 8, 2007. Council commants included: • Concern too many trees had been removed from another buf£ered area and request made that no further trees be removed unti2 after the Commission review and Yhe issue was returned to council for consideration. + Council gave approval to AdmuustraYion for removal of trees in the area referred and there were no objections made at the time. • The residents made a compelling case and support for the Airport Commission's review was sfated. V~TE O1V POSTPdNEMENT: "Student Representative Harding: Yes Swarner Xes ~ Smalley Yes Eldridge ~ Yes Ross Yes Molloy ' Yes Boyle ; Yes ( Porter Yes NiOTIO1V PASSEY} UNANIMOU''sLY. MOTION: Council Member Molloy MOVED to return the issue ta council once the Airport Commission meeting has commented an the issue. Council Member Ross SECt9NDED the motion. 89 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 14 VOTE ON POSTP~"1NEMENT: *Student Representative Harding: Yes ' Swarner Yes Smalley Yes Eldrid e Yes I Ross Yes Molloy Yes Boyle Yes ' PorEer ~ Yes ~ ' MQTION PAS3ED TJN~SNTMOLTSLY. Clerk Freas was requested to include the testirnony given in the Airport Commission meeting packet and natify *esidents of the Air~ort Commission meeting date. SREAK TAKEIS: 8:47 P.M. BACK TO ORDEIt: 9:00 P.M. E-Y4. Resolutioa No. 2007-63 -- Authorizing Approval of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Inc. ("KLT") for Public Water Utility Service. Mf3TION: Council Member Swarner A20VED for the adoption of Resolution No. 2007-63 and requested UNANEMOUS CONSENT. Council iViember Eldridge SECONDED the motion. There were no public or council comments. VOTE: 'I`here were no objectians. SO ORDERED. ITE113 F: MINUTES F-1. Regular Meeting of Oetober 3, 2007 -- Approved by consent agenda. IT~&Y Cx: UPdFINI3HED BUSIIdEuS -- None. ITEM H• N~W BUSINESS H-3. Bills to be Ratified MO'i`ION: 90 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 FAGE 15 Council Member Swarner MOVE13 to ratify the bills and requested CONSENT. Council Member Mo11oy SECONDED the motion. VOTE; There were no objections. SO ORDERED. H-2. Apprmval of Purchase Orders F,sceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purch.ase orders exceeding $15,000 and requested UNAI3IMOUS CmNSE1VT. Cauncil h4ember Eldridge 3ECONDLD Yhe motion. MCBTIt7N TO ANEENb: Council Member Swarner MOVED ta pastpone approval on the Pleezers purchase arder until the neact meeting. Council Member Smalley SECONDED the motion. VOTE ON AMENAMENT: There were no objections. SO ORDERED. VOTE ON Nf.~3IId AMENDED MOTION: There were no objections. SO CiRDERED. H-3. Oxd'anance No. 2264-2007 -- Accepting a Grant From the State Division of Homeland Security and Emergency Management 2007 State Homeland Security Program in the Amount of $243,000.40 and Appropriating the Grant in the Kenai Emergency Operauons Center Capital Project Fund. Introduced by approval of consent agenda. Ii-4. Orctinanee No. 2265-2007 -- Increasing Estimated Revenues and Appropriations by $58,640.00 in the General Fund for a Grant Frorn the State Division of Homeland Security and Emergency Management 2007 Law Enforcement Terrorism Prevention Program to Provide P25 Radio Consolette Upgrades to the City Communications (Dispatch) Center. Introduced by approval of consent agenda. 91 KENAI CITY COUNCIL MEETING OCTOBER 17, 2fl07 PAGE 16 H-6. brdinance No. 2266-2Q07 - Increasing Estimated Revenues and Appropriations by $21,250 in the Airpart Fund and by $850,000 in the Runway Improvement Capital Project F~.ind for Gapital Improvements. Introduced by approval of consent agenda. Ei-6. Approval -- Library Regulation L3pdate/Tnclusion of Unattended Children Policy. NLt3fiI(3N: Council Member Swarner S20VED to adopt the policq as presented regarding unattended children in t2ie Kenai Commuruty Library and requested UNt~TLMQU5 CONSENT. Council Member Smalley SECONDED the motion. V(3TE: There were no objections. SO C3RDEI2EI}. H-7. Diaeussion/Approval - City of Kenai/KCHS Ski Team Contract for Services. (Heard prior to E-1). Koch reviewed the memorandum and draft agreement uzcluded in the packet, noting the agreement identified the scope of work for the ski team including coAecfing trash along the north shore during the personaT use ffshery and collecting trash along the south shore follawing the closure of the personal use fishery. it was requested the agreement specify the last clean up. Koch stated, because the fishery is sometunes extended inYO August, he would amend the agreement to require the fmal clean up occur "three days after tl~e end of the fishery." MOTION: Council Member Molloy MOVED to approve the contract with KCHS Ski Team. Council Member Swarner SEGEINDED the motion and requested UNANIMCTLTS GdNSENT. There were no objections. SO dRDERE~. H-8. 23iscussioaa -- Assignment of Commission/Committee Liaisons Porter suggested the following assignments: Conncil on Aging Airporf Commission Harbor Commission Council Member Eldridge Couneit Member Mo11oy Council Member Boyle 92 KENRI CITY COUNCIL MEE'I`ING OCTOBER 17, 2007 PAGE 17 Library Commission Parks 8v Recreation Commission Planning & Zoning Commission Beautification Committee Mini-Grant Steering Committee Kenai River Working Group C6THERS: Kenai River Special Management Advisory Board (KRSMAJ Economic Development District (EDF~) Cook Inlet Regional Citizens Advisary Council (CIRCAC) Kenai Visitors & Convention Bureau Board Fienai Economic Development Strate~y Alaska Municipal League Land Use, Resources, and Econamic Development Suhcomrnittee Councii Member Smalley Council Member Eidridge Councff Member Ross Alternate: Council Member Molloy Council Member Swarner Vfayor Porter Councit Members Ross and Smalley Administration (Koch) Cauncil Member Eldridge John Douglas Council Member Bov1e Administration Council Members Swarner and Srnalley Councii stated no objec6ons to the appointments. H-9. D'ssenssion -- 2007 Dip Net Fishery Report $ecause the Parks 8s Recreafion Commission and Harbor Cammission had not vet met to review/ discuss the report, it was suggested the issue be postponed until after the Commissions' review. MOTION: Council Member Bayle MOVEI3 to pastpone until after the Commissions' review and CounciT Member Smalley SECf}NDEI7 the motion. VO'FE ON IaOSTPOIVEMEPIT: *Student Representative Harding: Yes I Swarner Yes ~ Smalley ; Yes Eldridge j Yes ~ Rass Yes I Molloy ~ Yes Boyle Yes ~Parter Yes ~- ~ - IVIOfiION PASSEI3 UNANIMOUSLY. ITEbI %: COA~Y3$ION 1 GOMNIITTEE REPORT5 93 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 18 I-I. Covxacil on Aging -- Council Member Boyle reported the nex-t meeting was scheduled for November 8, 2007 and an open house would be held oiz October 28. I-2. Airport Coxnmissson -- Council ~Iember Molioy reviewed actions and discussions which took place at the October 1 l, 2007 Airport Commission meeting. I-3. ETarbox Commission -- Council Member Boy1e reviewed the October 8, 2007 meeting summary included in the packet and noted the Commission would meet in a joint work sessian with members of the Parks L~. Recreation Commission on Tuesday, Navember 13 to discuss the dip net fishery report. I-4. Library Commiss'son -- Council Member Swarner noYed the Qctober 2, 2007 meeting summary was included in the packet, I-5. Parks & Recreation Commission -- It was reported there was no quorum available for the regul.ar meeting of Qctaber 4. Porter noted the applications of A1 Hull and Megkan Gabriel were included in the packet for appointment considera.tion. Upon Porter's recommendation, Hull and Gabriel were appointed without abjection. I-6. P7aztniag 8a Zanuag Cammissioas -- Council Mernber Ross reviewed the October I0, 2007 rneetin~ minutes included in the packet. Porter noted the application of Tim Wisniewsld for appointxnenY consideration. Upon Porter`s recommendation, Wisniewski was appointed to the Comvzission withaut objection, I-7. Miscelianeaus Crrmsssissions and Cornrnitteas Y-?a. Beautification Cammittee -- No meeting. Y-7b. Ataska Municigal League Report -- Swamer reported the draft policy statemant was available for review on the AML webpage and requested comments be forwarfled. to her prior to the AML conference. I-7c. Joiut Keaai River Warking Group -- Ross noted a meeting was planned for early November. He also snggested the city's suggested changes to the second Group resolution include 'no fishing during the month of July using two-cycle engines and not target only the dip net fishery, which would then be in compliance with the Department of Natural Resaurces regulations. Council stated no objections to the changes. I-7d. Mini-Grant Steeriag C;oramittee -- No meeting. ITEM ,f: 12EPQRT O~F THE &Il4YOR -- Mayor Porter noted the following: • She attended the re-apening of Don Jose's restaurant. 94 KENAI CITY COUNCIL MEETTNG OCTOBER i7, 2007 PAGE 19 • She requested permission to purchase flowers to present to National Guard troaps arriving home from Lraq. Council stated no objections. • She requested permission to purchase a cake for the welcome home party to be held at the Armory. Council stated no objections. ITEM K: ADMENISTRI4TION REPC3RT6 K-l. Gity Manager -- City Manager Koch reported the following: • He would be following up on funding for a drift boat pull out on the river as funding thou~ht to have been directed to the city had been directed to the Depaztment of Fish 8v Game. • He plannefl to travel with Porter tp Juneau in November to meet with Governor Paiin related to city issues. • He would be attending the Alaska Municipai Managers Association meeting in Fairbanks on November 5. • He planned to attend the Resource Development Council annual meeting iVovember 14 azid 15. • Had been worldng ~rith congressional deiegatian staff inembers related to Corps of Engineer funding for the bluff stabilization project which would not require a city match. • A request for $25,000 ta assist in grant applicatians for the library project would be brought forward in the near future. • Requested council to forward to him suggested projects for the CapitaT Improvement Projects list. • He would be out of the office for a week beginning on October 18, 20d'7. • Gave an update an ongoing code enforcement efforts at Highland Pride firailer Park. Ii-Z. Attomey -- No report K-3. City Clerk -- • Reported she had received a request frorn Parks 8s Recreation Commission Chair Sandahl to hold a special commission meeting on Thursday, November 1, 2007 at 7:00 p.m. in the council chambers. Cauncil stated no objections. • Discusaed registered votez turnout numbers. ITEM L: Df6~USSION L-P. Cit'szens -- Bob Peters, Old Ta4vn, Kenaz -- Reported on bluff loss along Missson Avenue during the last big storm. 95 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 20 L-2. Coun¢i1 Sa.arner -- • Thanked counciI for her election as vice mayor. . Commented on teleconference attendance of council meetings and urged council members to use their microphones. • Reported she received a request to consider paving into In1et Salxnon Processing from Bowpicker Lane. • Reported she would be attending the AML Conference in Fairbanks. Smalley -- • Stated he was pleased to be serving oi1 council again and was pleased both bond issues passed. • Stated he appreciafed the pubiic comments during the meeting. • Stated he was looking forward to working with council, mayor and city administration. Eldridge -- Stated he was pleased to be continuing on council and was looking forward to moving projects alang during the upcoming year. Tiard'ang -- • Congratulated Smalley, Swarner, Porter, and Boyle and stated she ve~as looking farwazd to working with them. • Noted the test run af video taping the council meerings and introduced Brandon Goggia who was operating the camera. Ross -- Welcomed Smalley to council. Molloy -- • Welcomed the taping of the meetings, Goggia for his expertise, and appreciated the effort in getting the prograsn together. • Referred to informatian included in the packet related to webcasting council rneetings. Bayle -- • Welcomed Goggia related to the trideo taping of ineefings and hoped it would be just the beginning of better public access to council meetings. Porter -- ~ Nated she purchased a desk clock to be presented to Council Mamber Moore in appreciation of his qears af service. • Reported she would he attending the Alaska Conference of Mayors meeting in November in Fairbanks. • Reported she was planning to travel to Washington, DC December 1p and 1 l, 2d07 related to city issues. ITEM M: PENDING LEfi`rIBLATTOPT (Thzs item lists leg'rslation which witl be addressed at a Iater date as noted.J 36 KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 PAGE 21 Ordinance No. 22Q2-20(36 -- Amending KMC 11.05.090 to Limit the lise of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cqcle Engines. fl/17/0~, Tabled, no time certain.) Ordinance Ido. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over I.easing Decisions Within the Airport Reserve. (7/I8/07, Tabled, no time certain.) -- None Scheduled iTEM M: There being no fizrther business before the Council, the meefing adjourned at approxisnately 9:55 p.m. Minutes submitted by: Caro1 L. Rreas, City Clerk `The student may cast advisory uotes on atl matters except those subject to executiue session dzscussion. Advisory votes sYtail be cast prior to the offzcial council vote and shali not affect the outcome of a vote. Advisory vofes shall be recorded in the minufes. Student representatives may not move or second items during a councit meeting. 97 ~ • ~ I Q4 v ~ ~ y ami N m R 0 r ~ rn ~ ~ <C O(p tD O W O N ~e~ M ~ U ~ ° 2 ~ ~ ° ~ ui d °a ~ w x ~ ~ ~ .= O ~ J J ~! ~ ~ ~ 'a S W O Lil ~ C9 o G3 0 tq 0 tA ' ~ o Q a ~ ° p a o ~ rL > ~ > ~ > r ~ ~s ~ ~ U ~ ~ J z ~ z v S cwa ~ a ~n ~ ~ us `o ~ u! 1 y1 n; O ~ z ~C Q. ~ ~ tA 2° LLI C' 0.' Q LLl LLJ y 7' Qj V~ ~ ~ p LO 4 CO ~ ~ ~~ w ~ y ~ O 4 t1 ~ O O ~ o 6 ~ O G O .. 0 T o ~ li G U ~ V O W ~" W ~ ~ Z Y ff1 ~ ~ ~ . ~ a 't ~ ~ n ~ ~ ~ ~ ~ ~ W ~ ~ p ~ ' g ~ a t] ~ ~ o ~ ~ tn ~ Gt Z a U u i > z a a - ~ o 9 8 Z ~ O ~ o ~ Q N ~ W ~ C~ H^ ~ ~ d LL. 4 Q > ~ > a ~ ~ ~ w ~ o 4 a ¢ 1 <> z ~ Q U ~ U 1~ ~ s ~ o ~' ~ "' ~ a m ~ o fA ~ p ` p y ts. u7 / ~ O ~ ~ Q O i+. ~ ~ ~ ~ J 0 a ~ ~ ~ ~ ~ [ jJ O ~ ~ Q -~ ~ d~ ° o ~ U ~ ? ~ g9 ~ ~ ~ V ~ rn ci 0 a M N'l ~ W r I`~ ~ ~ ~ ~ a ~ i- ~ z ~ ~ ¢ ~ 0 ~ ~ w ~ w O 2 ~ ¢ z ~ ~ C5 ~ `~ 0 Suggested by: r+u~~=u=~~~u-.~-- CITY OF KENAI OR~INANCE iVO. 2267-200? AN ORDINANCE OF THE COUNCIL OF THE CTTY OF KENAI, ALASKA INCREASING ESTTMATED REVENUES AND APPROPRIATIONS BY $2,000 IN THE GENERAL FUND FOR A FEDERAL GRANT TO PURCHASE SMALL TOOLS. WHEREAS, the City of Kenai Poiice Department is an active member in good standing with Yhe Federal Internet Crimes Against Children (ICAC) task force; and, ~~JHEREAS, the Kenai Palice Deparhnent uses training materiais and training knowledge provided by ICAC to provide public safety seminars in the city iimits of Kenai and to invesYigate internet related crimes; and, WHEREAS, the ICAC regional director has approved a grant of up to $2,000 for the purchase of a laptop computer an.d cazrying case for the I{enai Po3ice Department; and, WHEREAS, this grant will assist the department witYa conducting Internet crimes safety training and investigations, by making funds availabie to purchase a laptop and carrying case. NOV~~, 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: Federal Grant $2,000 Increase Appropriations ~~ ~~fl Police - Sma11 Tools ~ ~ PASSED BY THE COUNCIL OF THE CITY OR KENAT, ALASKA, this 21sti day of Nonember, 2007. PAT PORTER, NiAYOR ATTEST: Caro1 L. Freas, City Clerk Introduced: November 7, 2007 Adopted: Novemtaer 7, 2007 ~ Effective: November 21, 2007 Approved by Finance: (10/26/2007) hl 100 Suggested by: Maqor Porter CFTY OF E{EIdAi dRDYNANCE 1Y0. 2268-2007 AN ORDINANCE OF THE COUPICIL OF THE CTTY OF KENAI, ALASKA, AMENDING KMC 3.15.040 TO PRQVIDE THfiT 1) A HEARING SHALL BE HELD TO DETERMINE WHETHER A DOG KENNEL LICENSE WILL BE GRANTED OR RENEWED; AtVD 2) PROPERTY OWA'ERS WFTHIN 300 FEET OF A PARCEL THAT IS THE SUBJECT OF A DOG KENNEL LICENSE APPLICATION SHALL BE NOTIFIED OF THE APPLICATION AND THE DATE, TIME AND PLACE OF THE HEARING; AND 3} SETTING OUT THE APPEAL PROCESS FOR ANY AGGI2IEVED PARTY. WHEREAS, the Kenai Municipal Code 3.15 {KMC 3.15) requires a person keeping more than four dogs over the age of four months to get a kennel license; and WHEREAS, KMC 3.15 does not req_uue neighboring property owners to be notified of a pending kennel license application ar license renewal; and WHEREAS, KMC 3.15 does not provide for a hearing to be held to determine whether a dog kennel license should be granted or renewed; and WHEREAS, because of the impact that a dog kennel can have on neighboring property oumers, they should be provided notice of dog kennel license applications or renewals, and the date, time and place of the hearing; and u~HEREAS, any party aggrieved bq the decision an whether or not to issue a dog kennel license should be allawed to appeal to the Kenai City Council under the provisions of KMC 14.20.290. NOW, THEREFORE, BE IT ORDAIIVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 3.15.040 is amended as follows; 3.15.040 Heaxiscgs-Appeals. (aj [A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION CQMPLAINED OF, APPLY FOR A HEARTNC's BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGArEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION,~ T[T]he Chief Animal Control Officer or his f her designee shall hold a hearing to determine ,vhether the license should be granted, renewed, conditioned; limited, or denied. Notificatxon shall be mailed to real oroperty owners oi1 the borou~h assessor's records within a threa hundred foot (300'1 periphery of the 101 copv of the decisian shall be mailed to all notified propertv owners, all oarsons testifvin~ or submittin~ comments and the applicant. ,(b~ A[THE] person aggrieved bv the ~rantin~, limitin~, conditionin~, or denyin~ of a license under this Chapter, may appeai ihe decision of Yhe Chief Anunal Control Officer to the City Council, under KMC 14.20.290, within fifteen t15) [THIRTY (30)] days (WHOSE DECISION SHALL BE FINALj. f~ [(B)]Before revoldng a license under this chapter, Che Chief Ailimat Control Officer or his [or her] designee shall hold a hearing to determine whether the Iicense should be revoked. T7ie partq aggrieved may appeal to the City Council wit]un thirty (3Q) days of the deoision whose decision shall be finaL PASS~D BY THE COUNCIL OF THE CTTY OF KBNAI, ALASKA, this ~ day of November 2007. Pat Porter, Mayor ATTEST; Corene Hall, Deputy City Clerk Introduced: Adopted: Effective: November 7, 2007 November 21, 2007 December 21, 20d7 102 T~ ~ Suggested by, ~.~..c~ t~~yP CITY OF KENAI ORDINANCE N~i. 2269-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING CHAPTER 5.4Q OF THE KENAI MUNICIPAL COI7E ESTABLISHING A LICENSING PRC}CEI7URE FOR PAWNBROKERS AND REGULATING HOW PAWIVBROKERS CdNDUCT BUSINESS. WHEREAS, the City of Kenai does not currently require pawnbrokers operating in. the city to be licensed; and, WHEREAS, the City of Kenai does not currently regulate the business practices of pawnhrokers; and, WFIEREAS, The only pawnbroker onerating within the city limits recently closed, but it is anticipated a pawnbrolcing business wi11 return to the city at some time in the near future; and, WHEREAS, while the majority of pawnbralcers are Iegitimate businesses operating lawfully, regulating pawnbmkers is very helpful in tracing and recovering stolen property because thieves will often attempt ta sell stolen property to pawnbrokers; and, VJHEREAS, it is in the best interest of the City of Kenai to enact Kenai Municipal Code Chapter 5.40 licensing and reguiating paurnbrokers. NOW, THEREFORE, BE FT ORDATNED BY THE COUNCIL OF THE CITY QF KENAI, ALASKA, that KMC 5.40 is enacted as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21sr day of Navember, 2007. A1`TEST; PAT PORTER, MAYOR Corene Hall, Deputy City Clerk Introdnced: November 7, 2007 Adopted: November 21, 2007 Effective: December 2I, 2007 103 Chaptex 5.40 Pawnbrokers S.~O.OId Pawnbrokers--Liceizse. (a) Required. No persc~n may engage in the business of iending mone}~ on secw•ity of personal pzoperty physically taken and heid, or purchasing articles of persoual property and reselling or agreeing to resell the articles to the vendar or an assignee at a price agreed upon at or before the fime of purchase, wiYhout first having obtained a pawnbroker's license frorn the City Clerk. For the purposes of 5.40, personal prope~tiy shatl not iuclude intangible personal groperty, Intangible personal property is defined as personal property iliat has no physical existence sucl~ as claims, interes2, rights and titles to paxsonal property includ'ang bnY nat ISrnited io motor vehicle YiCles. (b} Quat6fications ofpawnbrokers und employees. A pawnbroker and every person employed by a pawnbroker shali: (I) $e 18 years oP age or older; and (2) Not have been convicted of a crime involving larceny, theft, receiving and concealing stoien property, dealing with illegally obtained property or 9nvolving misrepresentation or fraud withii7 five years priar to the date of ap~(icatiozz ar einployment, or be on probation or parole for any such offenses. (c) Application. An at~plicant for a pawnbinker's l,icense shall describe in his/hex application the terms and conditions of the lendiai~ agreement used or intended for use, including the time perio'd allowed'far reciemprion of axticles, the rate or amount of interest or other charge made for the use of monep lent, and the manner in which the terms ase identified for redemption. (d) Brn2d An applicanti f'or a pawnbroker`s lieense shall file a bond in the amount of $25,000.00 with the initiai application. The bond shall be conditioned on the licensee's comp3iance with Ti~le Chapter 5.40 and all applicable laws. (e) Locatioi~ of business. A pawnbroker's Izcense sha11 be issued only for a single location, to be spceified c~n the licei~se. 5.40.020 Pawnbrolcers-Conduct of business. (a) Haurs. A pawnbroking establishinent may be open for Yhe tra~asaction of business oi~ly betweeu the hours of 8:00 a.m. and 10:00 p.m. {b) CannecCion wfth pren~ises s¢Zlr'ng or dispensing alcoholic beverages. A pav~ibrolcer may not have his business premises within or connected by any means of ingress with premises occupied by an establishment selling or dispensing atcoholic beverages. (c} Recc~rd of articles pcrwned or purchased, A pawnbroker sllall complete a separate card for each article pawned or purchascd, which shall contain the followin~ information: (1) Tlie name ofthe pawnbroker and the pawn nurnber. (2} The article pawned or purchased, including Yhe manufacturer, serial number, caliber, model number and other identifying description. (3) The date and time of the transaction. (4) The name, address and the military serial iiumber or driver's Iicense nuanber of the customer. (5) The physical description of the customer, including his ape, height, weight, race, and color of hair and eyes. (6) The si~nature of the customer from whom property was pawned or purchased and a notation by the licensee of the paper, document or license with which tha pawnbroker compared the signature. a9ttachment A 104 {7} The name and address of each pexson to whom a pawned or purchased item is conveyed, and a description of the item. (d) Reports lo police. The licensee shall mal<e a weekly report to the Chief of Police snmmarizing all transactions. The report shall be on a form provicled by the police department or any fornlat acceptable to the police department. (e) Retention of records. The records xequired by this section shall be retaiiied by Yhe licensee for a period of not less than one year. (~ Duties upon r~otifcatian that property has been reported stolen. Upon receipt of written norification by a police officer that the particular item of prcrperty iii possession of a pa~nibroker has been reportad stolen, a pawnbroker: (1) Is presurned to k~iow or have reason to know; that the item is lost, mislaid, or siolen; (2) May not sell, transfer, or otherwise dispase of the property except u~on: (i) Expiration of a 60-day period within which a person claiming enritlement to the ~roperty may requast return of the properry and such request is denied the pawn6roker shail, within 30 days of the denial, request a heazing before the Police Chief pursuant to subsection (g)(2) of this section aud hold the praperty for disposal in accordance with the Aolice Chief s order; ar (ii) An order of the Police Chief following a hearing requested under subsection (g)(2) of this section; and (2) Must take reasonable measures to restore fhe property to a person entided to l~ave it. (g). Reasonable measures. Por the purposes of fhis sectioii reasonable measures shall be either: (1) Reh~rn of the item to ~he person entitled to have it upon xequest, accompanied by evidence of ownership, of that person; or (2} Snbmission of a request for an administrative hearin~; before the Paiice Chief to deterrnine who is entitled to have the property. If an item is referred for hearing tutder this subsection Che Poliee Chie£may review copies of police repoi~s relating to the property to assist in determinatian of Yhe matYer. The burden of proof at such a hearing shall be on the part)~ claitning a legal inteTest. The Police Chiefls decision shall be limited to determinin~ whether any party has established ite xight to the item by a preponderance of the evidence. If no partp is able to prove its right to the item by a preponderance of the evidanee, the prQperty shall be returned to the licensee. Except while the matter is pending ou appeal, failure of a pawnshop to comply with fhe orders of the Poliae Ghief shall result in immediate revocation of the pawnbroker's license. (I2} Request for a cletermrnation. A request for a determination Uy the PoEice Chief wider subsection {g)(2) of this sectian shall include an assertion by the pawnbroker that either: (1) The person reqnesting the property is not enti~led ta have it; (2) The pawnUroker has a superior ciaim to the property; ox (3} The pawnbroker lacks sufficiant infonnation to determine whether the parson requesting the property is entifled to have it. (i) Failure Co redurn fee. Failure of a pawnbmker to either return the property to the person entitled to have it upon request of that person, ox request an adlniuistr~tive hsaring within 30 days of denyiiig the request of a person for fhe property shalt result in suspension or revocation of the pawnbroker's license. 105 (j) Findersfee, reward, etc. A pawnbroker is not entitied to a finder's fee or other reward or compensation from the ri~htful owner of stolen properCy found in the pawnbroker's possession unless ordered by the Police Chief upon a finding that it is warranted. (k) Fatdure to request return qf~aroperty within ttme perivd. If no person requests return af the ~~roPerty within the time period pravided in subsection ( fl(2} oP this section, the lioensee does naC have to request a hearing and may sell, transfer, or dispose of the propariy. For the purposes of an administrative hear'tng, evidence of ownership uicludes, but is not limited to, timely filed complaints or police reports of stolen properiy; local, state or natianal police infarmation data bases; documents in possess'ron of fhe police department; license ar pxoperty ideniiticatioii numbers; inarkings on the property; appraisals, phatc~graphs, or other similar indicia of ownership. 5.40,030 Pawnbrokers--Prohibited acts. (a) F1 licensea may not purchase or receive an article from a person under the age oP 18 years ox fi~om a person 18 yeazs of age or older who purchased or received the article from a person under 18 years of age for the purpose of pawning it. (b) A ticensse rnay not purcl~ase ar pawn an article if the customer cannot provida proof of ownership of the article or if the licensee has knowted~e of facts that would create a belief in a reasonable man that fhe article may l~ave beeil stolen, embezzled or otherwise iilegaily obtained. {c) A licensee may not purchase or pawn praperty from a person who is or appears ta be under the influence of drugs or intoxicating beverages. (d) Property pnrchased by a licensee or acquired by expiration of a redemption period may not be resold, entered into stock ar removed from the premises specified on the pawnbroker's license for a period of 30 days after such property has been repo~~ed eo the Chief of Police pursuant to Section 5.40.020(d). 5.40.040 Revocarion of license. (a) If at any tune the licensee is found to have violated any of the ordinances of the city or the laws of the state or the United States; ox fails to comply with requirements of this Chapter; or makes a fatse statement in hislher application; or at any time fails to tneet those quaiitications required ta obtain a license, the license may be revoked. (b) Whefiever there is a xeason to believe the Iicense shnuld be revoked, the Aolioe Chief shail serve notice upon the licensee that a hearing wiil be heid before the Police Chief for the purpose of determuiing whether the Iicense should be revolced, If the Poiice Chief determines that the lieense shall be revoked, the Iieansee inay ap~aeal to the city council within 1 S days from the date the licensee receives notice of the decision pursuant ta KMC 14.20.290. 5.40.050 Fees The fees for pawnbirokers are as fallows: (1) Application fee, for each new application $1d0. (2} Renewal application, evezy two peazs $100. 106 ; Suggested by: OITY OF ~EN'AI ORDriVANCE NO. 2240-200? AN ORDINANGE OF THE CdUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.10.070 TO GIVE THE AIRPORT COMMISSION MORE AUTFiORITY OVER LEASING DECISIONS WITHIN THE AIRPORT RESERVE. WHEI2EAS, 21.10.070 sets forth the dufies and respansibilities of the Airport Commission; and, WHEREAS, under K?vEC 21.10.070 the Airport Commission acts either only in an advisory role or is nnE involved in the decision at all; and, WHEREAS, The Airport Commission should be gicen additional aixthorit-y to make decisians regarrling leases wi#hin the Airport Reserve subject to an appeai to ehe Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAt, ALASKA, that KMC 2I.10.070 is amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July, 2007. PAT PORTER, MAYOR ATTEST: Caroi L. Freas, City Cierk Introduced: July 3, 2007 Adopted: July 18, 2007 Effecuve: August 18, 2007 107 KENAI CITY COIJNCIL MEETING JULY 18, 2007 PAGE 4 It was suggested, since the Commission was now fu11y functional, the modon should be failed. 'JOTE: *Student Representative Harding: No Moore No Swarner No Eldrid e No Ross I Na ; Boyle No No I Molloy ~ Porter _ No ( ~ j I MOTION FAILED UNANIMOUSLY. E-3. Ordinaaca No. 2240-2007 -- Amending KMC 21.1d.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. Ni&}TIQN: Cauncil Member Molloy MdVEU to enact Ordinance No. 2240-2407 and Council Member Swarner SECONDED the motion. There were no public camments. Discussion took place related to Ordinance No. 2240-20d7 being considered in concert with an ordinance to reconsfitute the membership of the Commissian to ensure representation would include financial and real estate interests and experience. R2~'FION: Council Member Eldridge MOVED to postpone consideration of the ardinance until the August 15, 2007 meeting. Council Memlaer Mollop SECONI)ED the motion. Discussion took place related to additional time Ykat could be needed for the Comm'sssion to review and make recommendation of a recanstituted membership which could involve a work session. WITI~DRAWAL OF H2OTIOPi: Council Member Eldridge withdrew his motion to postpone with the agreement af the secoi~d, Council Member Molloy. IViOTIQN TO TAELE: 108 KENAI CTTY COLTNCIL MEETING ~ JULY 18, 2007 PAGE 5 Council MernUer Ross MOVED to table Ordinance Na. 2240-2007 unt~l after the Commission review. Council Member Swarner SECONDED the motion and requested UNANIMdUS COIVSENT. V~T~ QRT MQTION TO TABLE: *Student Representative Har•ding: Yes ~ Ntoore ~ Yes ; Swarner Yes Eldrid e Yes Ross ~ Yes Mo11oy Yes Boyle ~ Yes ' I Porter j Yes . . ~__ i MdTION FASSEB LTNANIR20USLY. E-4. Ordinanoe Na. 2241-2Q07 -- Amending KMC 21.20.010 to Authorize the Airport Commission to Make Recommendations to the City Manager on the Airport Budget. MOTIal~: Council Member Molloy M~VED to enact E7rdinanca No. 2241-2Q07 and Council Member Swarner SECONI3ED the motion. There were no public comments or council comrnents. VO'£E: MOTION Pt~SSED UNANIMOUSLH. E-5. Resolution No. 2007-42 -- Authorizing the City of Kenai to Issue General Obligation Bonds in the Principal Amaunt oE Not to Exceed $2,Od0,000 to Finance the Cost of Planning, Designing, Acquiring Property for, and Constructing Kenai River Bluff Erosion Control Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Quaiified Voters of the City at the October 2, 20~7 City of Kenai General Election. 109 *Stu$ent Representative Harding: Yes / -~~~~~ c,, ._~_ _ : . ~z.. //~ \\ CI1CLt{yOf // "!/i`~~a~e wi~~r a Past, Gi~ wi~~i a~utur°e" 21d Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ i~, P Telephane: 907-283-7535 / FAX: 907-283-3014 ~ + 1992 ~~_ [ i~..i.i ~~_ • .i ~ ~ TO: City Councii ~ROM: Rick Koch DP.TE: l~ove~nlaer 2, 20Q7 SUBJECT: Composition of and Increased Responsibi{ities for the Airport Cammission The purpose of this con~espondence is to discnss the above referenced subject. I have a~tached previaus correspondance on this subject I seut fo you dated ~aiarch 23, 2007, and June 13, 2007. The Airport Commissio~l discussed the issue of re-constituting the Commission. The attached documents were inciuded 'ui 111eir packet. In surnmary the Coimnission felT a d.irected change in commission members experience and expertise should not be inlplemented at this tlme, rather the Council may wish to informally seek uaelnbars with vuying fields of expertise as vacancies occur on the Commission. Administration's recommendation remains consistent. The Aiiport Coinmissian should con~inue to perform as an advisory comm,ission to the Cauncil. Adzninistration will strive to fu13y include the Airport Conunission in budgeting, planning, Icasing discnssions and othsr programs that affect fhe Kenai Municipal Airporl. Thank you for your attention in this n~atter. If you have any qLtestious p]ease contact mc at your earliesC convenience, aCtachments iio ~ r.~-~~, ., ~~._ ~ _ _ .: .,-- .,„:,:,,_: '~.. Ekecityaf ~ K~~n~ s~ ~~l/illa~e t~vitti a Past, Gt't~ wit~t a,~utr~v'e'~ 210 Fidalgo Avenue, Kenai, Alaska 99811-7794 ,~ ~~~ Telephone: 907-283-75351 FAX: 907-283-3014 ~~~ (~ 1942 ~E~ : TO: City CounciUAirport Advisory Commission FROM: Rick Koch, City Manager DATE: Ma~-ch 23, 200? SUBJECT: Kenai Municipal Airport Supplementa[ Planning Assessment Recommendations The purposa of tl~is correspondence is to discuss five of the fifty recommendations put forth Uy tl~s consultarlt in the above referenced report that the city admintstra ian does not recornmend for implementation. ~ ,r---~,,v-~,.,.....~'°~,,o'`~„~ „ Cansnitant's Recommended Action - Transition Eo a reconstitated Airpart Commissiou with more direct authority over the airpart. The Admaazishration floes not conc~ax with khe consultant's recammended action far the following reasons: l. The Kenai Municipal Airport does not oparate as a stand-alone component of the mtuucipal corporatioi~, The aiiport has only four full-time employees dedicated to airport operations. The Public Works Department, Parks & Recreation Departinent, and the City Manager's offica perfann naan,y support fmictioi~s to the aitporC. Por tlae foteseeable faCUre, Chis will continue to be the most cast effective manner in which to provide suPport services to the airport. 2. The consultant m~lcas refere~~ce several times ii1 the report thaf aC successful airports "...operarii~g responsibility and auYhority are delegated to a person with substantial airport expertise." The Kenai Nllmicipal Aiiport is already m~der the operating responsiUility ~td authority of the Airpart Manager, wl~ich meets thesa criteria. The only differenae £rom tl~e eonsultant's recommendation is the taizport Manger reports to the City Manager rather than an independant board. 111 3. The creation of a separate cornponent of the muivcipal corporation will ~ crvate conflicts in wluclz the City Council wi11 be requixed to perform as an arbiter. These canflicts will take the fonn of Uudget disagreements over ehe eosts of services to the airport, and land use policies. 4. The eonsultant speaks to the "difPusion of authority" being scaYtered amoilg the City Councii, the City Manager's offcee, the Plazming & Zoizing Comm;ission, the Arrport {advisory) Comnzissiou, and the Airport Manager. I do not view this as a"diffusion," rathar an inYegration of components of the municipal carporation designed to resuit in comprehensive decision-n3aldng. II. Obtain exemption from Borough platting requirements for Airport Reserve Lands. The Administration does nat concur with the cansultanf's recommended action for Yhe following reasoiis: I. The KP$ platting pracess is not probleinatic. In tha ftiture, if the platting process beeomes cumbersome, we may consider this recommendafion. 2. Lendrng institutians prefer to lend £or developnient projects when there is a platted subdivision of land. III. Enabiine iacentives ta encourage private development af airport land. The Admin:istratiou does no# concur with the co~~sultanY's reeommended action far the following reasons: L Kenai Municipal Code presently a2lows for incentives to be negotiated into the Iease/sales agreemenCS. 2. To attempt to develop apolscy identifying speeific incentives to encourage developnlenC of air~ort land would be dif6calt, as each deveIoper wiil. have differant needs and requirernents. The admi~~istration recognizes the value of incentives ta suppor[ compatible appropriate develapn~ent and will explore incentives when apprppriate. 1V. Consider adopking policies to tease rather thar~ sell Airport Land (outside of airport reserve), and using a portion of Airport cash batauces ta develop revenue producing capita! investments. The Ad~~inistration does nof concur witl~ tlie consultant's recommended. action for the following reasons: 1. The City's first choice wilI be to tease airport lands rather than se11. However, the option of airport land sales outside the aiiport reserve should not be eliminated. The inducement of a]and sale may be required iu order to have businesses beneficial to the aiiport locate here. T view these types 112 of busznesses as "a~ichor tenants." "Anchor tenants" will increase the value of othex au~ort land ii~ the vioinity for lease. 2. The administrafion is atraady exploring diversification of invesrinent of airpart funds to increase earnings. Tnvestments offering higher rates of return such as tha stock marlcet, whiie over time historically return higher eamings, also come with higher risk over the short tenn. Any chulge in investment policy will be presented to the CoLmcil for approval. V. Modify Parking Fees The Administration does not concur with the consultaztiYs recosmnended aotion for fl~e following reasons: tlirport Manager recommended that parking fees not be increased .for FY ~008. Inerease in parkiug fees will Ue re-considered in FY 2009 budget. Thank you for your attention in this matter. If you should have anq questions please contact me at your conveizience. 113 ~ "f/illa~e u~it6r a Past, ~i~ wit~i a F~eture`~ y; ;~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 .~! , -~ - Telephone:907-283-7535/FAX:907-283-3014 ~E~~~! ~'~- -~'~- 1992 ~ dl~eu~of KENAV SKQ ~~~ ~~ • TO: City Gaunci! FROM: Rick Koch ~aRTE; ~aart~ ~3; ~pQ? SUgJECT: Composition of Airport Gommission During tize last Council meeting there was discussion regarding the above re€erenced subject. The purpose c~f Cbis corresponflence is to discuss my thoughts regazdi,llg fhe specific representation that ~nay be considered by you, for a re-coustituted aiiparf advisory commission, One Member - Professional in the field of rnonetary investmei~t and/or banking'. One Meinber - General Aviation aireraft owner w'r,tU aireraft based at Kenai Munioipal Airport. One Me~nber - Leaseholder in the Tenninal Facility. One iViember - Profassional in the .fzeid ofxoal estat~. One Member - Individual with expertise in Federal Aviatzon Adininistrataou functrons. dne Member - Ind'zvidual with e~ertise in th~ fieid of conunercial develapment. One Member - At iarge. I also thought about a represencative frozn tke 1~EDS group heing an assigned seat on the airpoi~[ advisory commission, but then decided if the Mayor/Council wishes to consider a KEDS representafive it could be accomplished with the at-large seat. ~ 114 Paoc 2 ~ ~ Memo to City Council Ju~e13.2007 Thank you £or your atte~ition in this matter. If you have any questioas please contact me at your ear(i~sf convenience. 115 ~ AMENT3MENT MAINTEiVANCE ANTJ C1PERflT70N AGREEMENT BETWEEN CITY C3F KENEST AND KENAT CC}NVENTION AND VTSI'1'ORS $UREALT, f1VC. Paragraph 9 of the agreement effective 7u1y l, 1998 between Che City of ICenai ("City") and the Kenai Convention and Visitors Bureau, Inc. {`Bureau") is hereUy amended as fallows: 9. In addition to the fees collected by the Bureau as described in Paragraph 4 above, as compensation Por operarion of the Center, the City will pay the Bureau $65,000 per fiscal year. Any compensation due for partions of a month or fiscal year will be prorated based an the number of days Yhe agreement is in effect during tIiat year. The compensation described aUove wi]I be paid in monthty installanents upon billing by the Bvreau. DATED this ~~- t~~=_ 2004. CITY OF KENAS KENAI CONVENTION AND VISITORS BUREAU, INC. b ,~ Linda L. Snow City Manager AMENDMENI' TO MAINTENANCE AIv'D OPERATION AGREBMENT g g6 by: ~rl'~ Q a Renken Executive Director Page 1 of 2 STATE OF ALASKA } ) ss. TH1RD NDICIAL DISTRICT ) This is to certsfy thzt on the /7 "'day of ~~ 2004, Linda L. Snow Citv Manager of the City of Kenai, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city for the purposes therein mentioned. -~° 1~2_.~~ Notary Pubiic for Ataska My commission expires: ~ /o a~ STATE OF ALASKA ) ) ss. THIRD TUDICIAL DISTRICT } This is to certify that on the /~cTay of _~2004, Mva Renken. Executive Director of the Kenai Convention and Visitors Bureau Inc., being personal.ly known to me or having produced satisfactory evidence o£ identification, appeared before me and acknowledged the voluntary and authorized execution af the foregoing instrument on behalf of said city ~or the purpases therein mentioned. ~~~-s?~w~~-~/ Nofary Public for Alaska My commission expires: /~ ~~ AMENDMENT TO MAINTENANCE AND OP~RATION AGREEMENT 11•T Page 2 of 2 A~ENDME~T MAINTENANCE AND fAPERATICIN AGREEMENT BETW~E1i' CIT'~' OF KLNAI AND KENAT CONVENTION AND VISIT(3RS BUREAU, INC. Paragraph 9 of the agreemenf effeative July 1, 1,998 between the City of i~enai ("City") and the Kenai Conventian and Visitors Bureau, Ina ("Bureau") is hereby amended as fallo~rs: 9. In addition to fhe fees collecfed by the Bureau as described in Paragraph 4 above, `S.~Py ~. CnY8V6H City Apomeq ~',I'fY OF KENAI ~ ~P F'MeIW Avaiue SuNa 2II0 Kenai, Nes#s 88899•~]89 (son zea~sas .zzs FAJC ~9p]) 2033D46 as compensalion £or operation of the Center, the City will pay the Bnreau $70,Ofl0 per f scal yaar. ~1ny cairipensaiion dtie for portions of a month or fiscal yeaa~ will be prorated based on the number of days the agreement is in effect during that year. The compensaCion described above will be paid ii1 monthLy installments upon billing by the Bureau. ~~" DATE~D ~this~ of August 2001. ~ CITY OF KENAI by~`~"~ Li~ a L. Snow City Manager AMENDMEUT TO MAP.v'TENANC~ AND OPERATION AGREEMENT 180 KENAI CONVENTION A1VD VISITORS BUREAU, INC. J-~„~'"""_ by: u~'..FS s~._..-~- athy T r Executive Director Page 1 of 2 STATE OF ALASKA ) } ss. THfftD JUllICTAL DISTRICT ) This is to certify that on the~/S~ay af August 2061, Linda L. Snow, Ci~ ~Sana e~ r of the Citv of Kenai, being personally known to me or havuig produced satisfactory evidence of identification, appeazed before me and acknowledged the voluntary and authorized execution of the foregoing insCrument on behalf o£ said city for Che putposes tharein inentioned. ~-~__s-~L~- Notazy Public for Alaska My commission expires: 1~~-JU ~ ceeq tk. Graves aiy attom~y CITY OF KENAI 2f 0 Fdat~+ Avenue SWIe 2W Ketmi, AFaakfl 9gg9t-Ti99 (so~ zea~~sas ~azs FAX f907126330i4 STATE OP A~LAS3~A ) } ss. THIRD JtTDZCTAL L7IST,RICT ) This is to cerCify that on the ~,~~ ~ day of Angust; 20~1, Ka1hv Tan. ~x~cutive Director of the Kenai Convention and Visitors Bureau. Inc., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the volunfary and authorized execution oP the foregoing instrument oiz behal,f of said ezty for the purposes therein mantioned. AMET~~MENT TO MAINTEIvTANCL AIJD OPERF,TION~ AGR~HMENT ,-- r ( ~ ~;~' ~ ~~ .' ~ ~ti A.`f '1~~- Notary~Ptiiblic foi`~ilas~a J . rj t'~ 1 ?,--s ~ Mycomh~i.ssioli.~xpi.ras: =, ~. ~..~._#. 119 Page 2 nf 2 AlVdENDMEIV'T 1WIAi1tiTEP7f1NCE AND OPEItATICiN AGREEiVYEi~'T ~~TWE~N CITY {DF KENAI AN19 KENAI CC3iv'VEN`TION A.ND VISITORS BUREAU, TNC. Paragraph ) of fhe agreement effective Ju}y l, 2998 betwean the City of Kenai ("City") and the Kenai Coirvention and Visitors Bureaa, Inc. ("Bureau"} is hereby amended as folinws: 9. In addition to the fees callected by flle Bureau as described in Paragraph 4 above, as compensation for operation of the Center, tha City will pay the Bureau $60,000 per fiscal year. Any eornpensation dne for portions of a month or fiscal year will be prorated based on the number of days tlie agreement is in effect during thai year, The coinpensation described above will be paid in monthly installments upon billing by the Bureau. DATED this C~~ ne 2003. CITY OF KENAI KEIVAI CONVEIVTION A1VD VISITORS BLREAU, INC. bx_;~S " "', . __. ----- by: l;~v~ ~ „! ~l/u'~e`'~ Lin a L, Snow Ricky J. Gease City Manager Executive Director AMENDMENT TO MAINTENANCE AND OPEKt1TION AGREEMElVT 120 PBb~ 1 of 2 STATE OF ALASKA ) ) ss. THIItD NDICIAL DI5TRICT ) This is to certify that on The~ day of 7une 2003, Linda L. Snow, Citv Nlana~er of the Citv of Kenai, being personally known to me or having produced satisfactory evidence of identification, appeared before me and aclrnowled~ed the voluntary and authorized execution of the foregaing instrument on behalf of said city for Che purposes therein mentioned. ,/~.~ ~'~.~~~~. Notary Public for Alaska My commission expires: /d ~p~ y STATE OF ALABKA ) ) ss. THIl2D NDICIAL DISTRICT ) This is to certify that on the~ d}a of June 2003, Rickv l Gease Executive Director of the Kenaa Convention and Visitors Bureau Ine., being personally known to me or having produced satisfactory evidence of icientification, appeared before me and acknowledged the voluntary and authorized execution of the foregoin~ instrument on behaIf of said city for the purposes therein mentioned. ~G~~~l~!~"G~- Notary Pubhc for Alaska ivly commission expires: /o ~D ~ AMENDMENT TO MAINTEhANCE AND OPERATION AGREEMENT 121 Page 2 of 2 MA INTENANCE AND OPERATION AGREEMENT between CPTY C3F KENAI and KENAI VISTTOTZS & CONVENTIC7N BUREAU, INC. The parties to this agreement are the City of Kenai ("Ciry") and ehe Kenai Visitors & Convention Bureau, Inc. (`Bureau"). The purpose of this agreement is to define the roles and obIigations of the parties regarding the Kenai Visitors and Cultural Center ("Center"), Tlus agreement shall take effect Ju1y I, 199$ and shall be in effect until revoked by either party upon chircy days writcen notice. TI-iE PAR7"~ES AGREE AS FOLLOWS: 1. The Bureau shall be responsible for operation of the Center. As faci3iry manager, the Bnreau shali provide visitor and convenuon services at the Center (including promotion), the operation of the Cultural Cencer, the coordination of ineetings and conferences, and arrangernents of displays and exhibits in the Kenai Visitors and Cultural Center. The Bureau will be responsible for cosrs associated with operaung activities, such as all personnel costs, telephone, postage, printing, promotional and advertising costs, travel, equipment maincenance, and general office expenses. 2. Ic shall be the responsibility o£ the City to provide for janitorial services, snow removal and landscaping. 3. The City shall be responsible for maintenance of the Center, inclucling building repairs and maintenance, restroom supplies, plumbing and electric supplies, and other costs ordinanly incidentai to the aiairitenance of a gublic facility. The City shall be MAIIVTENANCE AND OPERATIpN AGREEMEI~iT' - Page 1 of 4 122 respansible for providing the utilities (water, sewer, electricity•, heat, and garhage reruoval) for the Center. 4. The Bureau shall set £ees for use of the facility. The Bureau shall receive those fees in order to help defray its operating expenses. Should a use of the facility generaung fees that go to the Bureau require additional janitorial services, other than that provided by the City, the Biu-eau shall he responsible for paying for those additional janitorial services. S. The Bureau shall maintain worker's compensation, general public liabiIity, and personal properry dasnage insurance in amounts acceptable to the City Manager. The r+ty shzll be n~ned as ~n additiona 'vns>>red on the pnb~ ~ Iiability ins~~rance. The pe:sor.~i property darnage insurance re€erred to abave may e~cclude airt e~ubits, displays, and museum articles. The Ciry shall rnaintain a museum contents policy in an amount determined by the Ciry Manager, covering arc exhihits, displays, and museum contents. 6. The City shatl maintain real property insurance on the Center in a commercially reasonable amaunt. 7. Smoking cvill not be allowed within the Center. S. The Bureau sha3l operate the Center in compliance with alt federal, state, and local civil rights laws and regulations. 9. In addirion to the fees collected by the Bureau as described in Paragraph 4 above, as compensation for operation of the Center, the City w~71 pay the Bureau $65;~00 per fiscal year. Any compensation due for portions of a month or fisca( year will be prorated based on the number of days the agreement is in effect during that year. The compensation described above will be paid in monthly installments upon billing by the Bureau. MAINTINANCE AND OPERATION AGREfiivIENT - Page 2 of 4 123 10. T'he Bureau agrees to keep refiable accounting records and to prepare fmancial statements annually in accordance with generally accepted accounting principles. Such financial statements shall be reviewed by a certified gublic accountant. The Bureau shall share in the cost of the review up to $700. Any cost for the ret~iew above $700 shall be che responsibility of che Ciry. The Bureau agrees ckat its accounting records shall be available for Inspecrion by the City of Kenai upon reasonable notice, and that the City may direct an audie at the Ciry's expense. 11. The Bureau shall provide an azutual report to the City of I4enai by April 15 ever~~ year. The purpose o£ the Bureau's annual repore is to highlight the Bureau's activicies d~.z.ring *he previe~.s calend~-year. 12. The Bureau shall promptly provide to the City of Kenai copies of all approved minutes from the Kenai Visitors & Convention Bureau's regular board of direc~tors' meetirtgs. 13. As a condition of tlus contract, the City oI Kenai requu-es the board of directors' meeting of the Kenai Visitors & Convention Bureau, Inc. held at the Center in performance of this conrract to 6e open to the public. During meetings of the KVCB Board of Directors, the Bureau retains the right to move into executive session upon their discretion. DATED this ~af _~_'_7J_~' 1998. CITY OP KENAI KENAI VISITQRS & CONVENTION BUREALJ b~: ~~~~~ ~~__ Richaz-d A. Ross City Manager by~ , ~~~r.- ~~ Kathy Tarr Executive Director MAINTINANCE AND OPERATION AGREEMINT - Page 3 of 4 124 STATE OF ALASKA ) ~ ss. THIRD JUDICIAL LIISTRICI' ) This is to cereify that on the ~~''day of / ; 199$, Richard A. Ross. Citv a ager af he i, of Kenai, bemg personally own to me ar having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execuuon of the foregoing instivment on behaCf of said ciry for che purposes therein mentioned. / ~ ~..~ Notary'~~ b Eor Alaska IvIy commission expires: -~2-~1'r~~ STATE OF ALASKA ) ) ss. THIItD JCTDICIAL DISTRICT ) This is to certify that on the ~~-'day of ~~~~ ~--, 1998, Kath~ Tarr. Executave Director of xhe Kenai Visrtors & Convention~ Bureau Inc , being persottally knawn to me or having produced satisfactory evidence of identiFieation, appeared before me and acknawledged ehe voIuntat,y and authorized execuuon of the foregoing insrrurnent on behalf of said ciry for the purposes therein mentioned. / i ~~ /~-, z~..--,~,~~ Nocary Public Eor tllaska My cocrunission e~epires: "~ /~3 ~~}D~} ivSAIN"i'ENA,'VCE AND OPERATION AGREEMENt" - Page 4 af 4 125 ~{ ~ ~~r~a az~go~~r co~cn~ussaoN OCTOBERlI,2007 Y{ENAI CITY COUNCIL CHAMSERS 7:00 P.M. ACrENDA ITEM T: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPE20VAL OF MEETING SLTMMAI2Y a. September 13, 2007 ITEM 4: PERSOIBS 3CHEDt7LED 1`O BE IiEARD ITEM S: QLD SU$INE53 a. IS'sscussion/Recommendation -- Taxiway Designations ITEM 6: NEW BEiSYNESS YTEM 7: REPOR'f a. Commission Chair b. Airport Manager a City Council Liaison ITEM 8: COMMISSI~NER CO1VdMENTS AND OLTESTI4N5 ITEM 9: PERSON$ NOT S~IiEDULELt TO SE FLEARD Y1'EM 10: Tl~FORMATION ITEMS a. Kenai City Council Meeting Actian Agendas for September 19 and October 3, 2007. b. Alaska Airmen's Association Letter ITEM 11: 126 KEIVAI AIRPORT COMAdISSIQN OCTOBEY2 11, 2047 Y,ENAY CYTY COUACIL CfT.~MBERS ?:00 P.M. CHAIR YiE1V12Y KN1lCK3TEDT, PRESIDINCz MEET%NCv $LTMIt+I~T2Y ITEM 2: CALL TQ dRDER AND Rt7LL CALL Chair Knackstedt called the meeting to order at appraxamately 7:00 p.m. Roll was confirxned as follows: Commissioners present: Commissioners absent: Others present: A quorum was present. ITEM 2: AGE J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson, L. Porter J. Zirttl, E. Mayer Airport Manager M. Bondurant, Council Member R. Molloy ;IVDA AFPRE3V'AL MOTION: Commissioner Haralson bIOVED to apprave the agenda and Commissioner Porter BECONDED the motion. Thare were na objections. SO ORDERED. ITEM 3: APPRdVAL 4F MEETING SUMMARY -- Septamber 13, 2007 MOTIOPI: Commissioner Haralson MOVED to approve the meeting summary of September 13, 2007. Cammissioner Porter BECONDED the motion. There were no objeciions. SO ORDERED. IfiEM 4: PERSONS SCHEDtFLED TO BE HEAR13 -- None ITEM 5: OLD SiTSYNESS 5-a. Discussioa/R.ecommendatioa -- Ta~:iway Designations Airport Manager Bondurant noted she met with the Project Engineer, the City Enginaer and the FAA in Anchorage to discuss the Cammission's safety concems with the new taxiway signage plan. She noted two signage plans were the result of this discussion which she discussed with the Commissian. Commission comments included: • Dissatisfacuon with the parallel taxiway remaining Taxiway Alpha. 127 A recommendation to eliminate the reserved Ta:ciway "E" designation and have the taxiways run sequenflal north to south as in Plan One B-- North to South. MO'L`L~N: Commissioner Haralson MOVED to accept Plan One B-- North to South, showing no reserved Taxiway "E." Commissioner Porter SECONDED the motion. VOTE: Zirul ABSENT Bielefeld NO j Knackstedt -( YES ~ ~ Versaw YES i Mayer _ ABSEA'T ._ __ Hazalson ~ YES ~ Porter ~ YES ~ .. ~ MOTTON PAS3EA. ITEM 6: NEtA~ BUSYNESS -- Nane ITEM '7: REPOR'P 7-a. Commission ~hair -- Knackstedt reported a floatplane basin user was unhappy the basin closed prir~r to October 15. The Airport Manager stated she would contact the user and explain the closure was due to ice in the channeL 9-b. Airpoxt Maaager - Bondurant nated during the meeting with FAA additional funding was requested for wark on the Airport. As a result, the Airport would receive almost $1 Million for a drainage ditch at the basin, part '77 airspace cleanup of asplialt and concrete, general aviation lighting replacement, fancing and gates, a lighted windsock midfield and replacement of 100 taxiway lignts with new LED / Transf/ C,ilsonite. 7-c. G3ty Council Liaison -- Molloy reported on Airport related items from the City Council's October 13, 2007 meeting. ITEM 8: COMMISSIONER COMMEIVT6 AND ~LTESTIONS Porter stated concerns that aircraft did not observe the "no wake" rules at the basin. The Airpart Manager stated she would look ircto rules and regulations for enforcement. Bielefeid requested an update to the lease lot development at the north end and when surveying would be done. ITEM ~3: PERSORS NOT BCHEDULED TO BE HEARD -- None ITEI9R 16: %NFOI2MATTdK ITEMS AIRPORT COMi1/fISSIdN MEETING OCTOBER 11, 2007 PAGE 2 128 IO-a. Kenai City Council Meeiing Action Agendas for September 19 and October 3, 2007. 1~-b. Alaska Airmen's Association Letter %TEM 11: ADSOURNNiENT NIC3TIOR: Commissioner Porter MOVED to adjourn and Commissioner Haralson SECONDEl] the motion. There were no objections. SO ORL7ERED. There being no further business before the Commissian, the meeting adjourned at approlrimately 8:49 p.m. Minutes prepared and submitted by: Corene Hal1, Deputy City Clerk AIRPORT COMMISSION MEETING OCT~BER 11, 2007 PAGE3 129 . czTY aF x~~~az PLANNdNG 6c 20tdING COMiYfISSTt7N AGERTDA CIT'Y COLTNCIL CHAMBERS October 24, 20d7 - 7:00 p.m. 1. CALL. TO (IRD~R: a. Rali Call b. Agenda Appraval c. Consent Agenda d. *Excused Abseuces Cansent Agenda *Ail itoms listed with an asterisk (*} are considered to be routine and non- controversial by t17e Commission and wi13 be approved by one motian. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the a~enda as part of the Ge~iaral Orders. 2. *APPROVAL OF NIINUT~S: a. "`October 10, 2007 3. SCI3EDULEI3 PUBLIC COMMENT: 4. CONSTDERA'fIOlV OF PLATS: a. PZ07-S7- Preliminary PIaY- FBO ~ubdivision GLM 2°~ AddiYion (A resubdivisic~n of Lots 5& 6, Bloch; Lot 9, Block 2 and Lot 3A, B1ock 2 and associated uYility easement vacation.) - P3at submitted by IvlcLane Consultiiig, P.Q. Box 468, Soldot~ia, Alaska. 5. PLBLIC HFARINGS: 6. OLB BUSTNE55: a. Proposed aansndment to KMC 9.10.050 and 9.10.C126 to requira owners of rnulYiple fami3y dwellings axid mobile home parks to provide for property garbage containers and gar6age collection. Biscussion. 7. NEW BUSINESS: a. PZ06-fi5 - Requast for 6-month Extension for Conditional Use Permit for tl~e property known as 35fl Ames Road (Lot 6, BIock i, Pelch Subdivision Part I), Kenai. Alaska. Requesi submitted by Katherine Fleck, 31192 Nature Road, Royalton, Minnesota. - Approval. 8. PENBING ITEMS: a. PZ07-24 - A resolution of the P1anning and Zoning Comrnissiou o~the City o£ Kenai, Alaska, recommend'rng Co the Council Yhat KMC 14.20.2p0 (Accessory Struchares) he amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. (Postponed 7/11/07 - no time certain.) b. PZ07-25 - A Resolution of the Plamiing And Zoning Commission of the City Of Kenai, Alaska, recommending to tt~e Councii to anact KMC 9.10.Of S requiring dumpsters to be screened on at least chsee s'rdes. (Post~oned 7/71l07 - no time certain.) 9. REPORTS: a. City Councit 130 b. Borough Planning c. Administration f0. P~R~ONS PRE5EI~TT NOT SCIIEDULED: 11. TNFdRNtA'TTON I'PEMS: a. PZ07-57 - Landscape Site Plan for Tract Al, Sprucewood GIen Subdivision No. 2{10419 Kenai Spur Highway). ApplicaYion submitted by Ken Dunbar, Tndcom Properry, L.L.C., P.Q. Box 133p, Sterling, AIC 99G72. b. Pianiring & Zoning Commission T'hird Qnarter Resolutiotls P2. COMMISSION COMMENTS & QUESTIONS: l3. ADJC3URNMENT: 131 cg~~r o~ xErr~ PLAI~NIIdG & ZONING C~MiVIISSiO C}CTdBER 24, 20Q7 fi:UO P.M. KENAI CITY COUNCIL CHFaMSER CHAIR JEFF TWAIT, PRESTDYNG MINUTES ITEA~I 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1-a. Roli Cail Roll was confirmed as follows: Commissioners present: S. Romain, R. Wells, J. Twait, P. Bryson Cornsnissioners abser.t: T. Lewis Others present: City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member R. Molloy A quorum was present. 1-b. Agenda Approva! Commissioner Bryson noted the following additions to the agenda: ADD IN: 1-c Agenda Approval Swearing in of Commissioner Wisniev~~ski ADD TO: 1-d Excused Absences Tony L,ewis 9-a Council Agenda (10-17-07) -Actions Noted 11-c Commission Roster- 10-19-07 11-d Letter of Resignation Commissioner Smagge 11-e Thu-d Quarter Building Permits 2007 MOfiIQN: Commissianer Bryson MOVED to approve the agenda with the addition of the lay down items and Commissioner Romain SECf1NDED the motion. There were no objections. SO ORDERED. 1-c. Swearing ia of Commissioner Wisniewski Deputy City Clerk Hall administered the oath of office to Tim 4~tisniewski and he took his seat at the dais. !-d. Gonsent Ageada MOfiION: 132 Gommissioner Bryson MOVEI3 to approve tYte consent agenda as presented. Commissioner We11s SECONDED the motion. There were no objections. 50 ORDEREI}. 1-e. *Excrosed Ahsences Tony Lewis {added at the beginning of the meeting} Approved by consent agenda. Consent Agenda *AIl items listed with an asterisk (*) are considered to be routine and non-cantroversiat by the Commission and cvill be approved by one motion. There urill be no separate discussion of these items unless a Commission Member so reqnests, 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. %TEM 2: AFPROVAL OF MYNUTES -- October 10, 2007 Approved by consenC agenda. ITEM 3: SCfiEDTTI.ED PUSLIC COMMEDTT -- None ITEM 4: CCSftSIl'7ERATTCIN OF PLATS 4a. P207-57 - lsreliminary Plat - FBO Subdivision GLM 2^d Addifion (A resubdivision of Lots 5& 6, Block 2; Lot 9, Block 2 and Lot 3A; Block 2 and associated utility easement vacation.) - Plat submitted by McLane Consutting, P.O. Box 468, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, explaixii~ig the re- subdivision would accammodate a proposed addition to an existing building. Twaii opened the floor to public hearing. There being no comments, the public hearing was closed. MOTIQN: Cornmissioner Bryson MOVED to apprave PZ07-57 and Cammissioner Wells SECONDED the motion. VOTE: Wells M~TIQN PASSED UNANIMOLJSLY. ITEM 5: PUBLIC IiEARYPTGS -- None EXCUSED PLANIVING AND ZONING COMMISSION MEETING QCTOBER 24, 2007 PAGE 2 133 ITEM 6: OLD BUBYNESS 6-a. Discussion -- Proposed amendment to KMC 9.1d.Q50 and 9.10.020 to require owners of multiple family dwellings and mobile home parks to provide for propertq garbage containers and garbage collecfion. Kebschull reviewed the draft ordinance included in the packet. The floor was opened for public comment. Kristiae Schmidt, 523 Asfi Avenue, Kenai -- Stated her support of the draft ordinance but reiterated there were cases in the city where no condominium associations existed and the ordinance should address that issue. ITEM 7: NEW BIISFNESS ?-a. ~iscussion/Recommendation -- PZ06-fs5 -- Request for 6-manth Extensian for Conditional Use Permit for the property known as 350 Ames Road (Lot 6, Block l, Peleh Subdivision Part I), Kenai, Alaska. Request subm.itted by Katherine Fleck, 3 7 192 Nat~.~re Road, Royalton, Minnesota. Kebschull reviewed the staff report included in the packet, notang the awner may file anather extension. MOTION: Commissioner Romain MOVED to appzove PZ06-65 and Comrnissioner Wel1s SECONDET3 the motion. VOTE: Rornain YES Wells YES Twait YE~ S ~ B on YES VJisniewski YES i Lewis ! EXCUSED MOTION PASSED 'UNANINYdUBLY. I't`EM 8; PE%DIIdCx ITEMS 8-a. PZQ?-24 - A resolution of the Planning and Zaning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structuresj be amended by adding a section prohibiting the use of connex-type rnetal shipping containers for storage in residential zones. (Postponed 7/ 11/07 - no ume certain.) 8-b, PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Iienai, Alaska, recommending to the Council to enact KMC PLANNING AND ZONING COMMISSION MEETING OCTOBER 24, 2007 PAGE 3 134 9.1D.015 requiring dumpsters to be screened on at Ieast three sides. ; (Postponed 7(11/07 - no time certau2.j ITEM 9: REPORTS 9-a. City Caune4l -- Council Member Mo1loy reviewed the action agenda items from the October 17, 2007 City Council Meeting. 9-h. Barough Planning -- Commissioner Bryson reviewed tlie agenda from the October 22, 2007 Borough Planning Commission meeting. 9-e. Administratios~ -- Kebschull noted the site plan for tha "o1d" Hali's Fish and Chips building had been received; third quarter resolutions and third quarter building permits with a total value of over $15 million were included in the packet; city representatives would be meeting with Walmart representatives on October 25, 2007 far pre-application meeting; and, noted she would not be at tYte Navember 14, 2007 meeting, however Administrative Assistant Carver will be in attendance. fTEM !0: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATYOIV ITEMS 11-a. P207-57 - Landscape Site Plan for Tract A i, Sprucewaod Glen Subclivision No. 2(10419 Kenai 8pur Highway). Appfication submitted by Ken Dunbar, Indcom Property, L.L.C., P.O. Box 1330, Sterling, AK 99692. 11-b. Planning 8v Zoning Commission Third Quarter Resniutions 11-c. Commission Roster - 1Q/ 19/07 (added at beginzaing of ineeting) 11-d. Letter of resignation - Commissioner 9magge (addefl at beginning of meeting) 11-e. Third Quarter Building Perxn'sts - 2007 (added at beginning of ineeting) ITEM 12: GOMMISSIOft CONiMENTS & QUE5TTONS ftoatain - No comments. Wells -- Weicomed Wisniewski to the Commission. Brysan -- No comments. Wisaiewski -- No comxnents. ITEM 13: 1~DJOU12PdMENT I~C}TIC1N: PLANNING AND 2QNING COMMISSION MEETING OCTOBER 24, 2007 PAGE 4 135 Commissioner Bryson MOVED to adjourn and Commissioner Romain S]ECONDED the motion. There were no objections. SO ORDE1tED. There being no further business before the Conunission, the meeting was adjourned at approximately 7:28 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 24, 2007 PAGE 5 136 ~~~ ~~ ~ Cc~ ~~ ~~ ~ ~ ~ ~ ~~ „yn, ; _-~'-~~~'~.~,_-Z--~ `~? ~ --` . - ~; ~ ~- -_-'---.__-.~ --~ -~' ~--- - r - ^--- , --~~~~d ~ ~) ~Ij f/,4~j'!'~, ~~ ,~p ~v~' . _ ~"~ _ --~°y-YG'-'-'..F(--y-_}._.._+a~ 1~~' ..."=9,~„~ ' ~.. ~__ t~- / , . _ .._.._ .. _ .+,,.-,-.,~,'a,.. _ 9--'~"~5. ( ~r.~~ 4 ~~ / ~~~_ ___ ~ ----~______~ y - - . .. ~~1~1~= ~._,.7-~.- `~2E~.',z~ ~ ~~''~/'.t~..n~~~ ^_-- ~ ~~~ ____.___~ fi ~ ~ _ _____.___.__ ~~ ~ ~~,_ __ - -------__ ----- - ~j~ ~ _ ~ `~-l.~`.~if.a-:____,~L)~~~: -~ L-~~ -~.--- -------- ~ ~f .~_.~- - --._^ ~ _.~~_~. __ W --~ - _~?~`_6"r „e?.{> _(~'~'"~~ ~~~ -~~,~~=~:.~G~~~._ .~L_--- --~ _ _.. ~p "~,~ .~~ .~ !_` J~~~~FLG~:~,t~? _7~~ " ~`^-+.~ ~. __. .-_..,`.~.._.~_ ~~~`+,f'^-f'_'L°~ ~-4ru-,-4a'J-~-~2-au-'/'~.-,[$<='~'~Lt-_- ". `_~e~4F~'_.F^C5 ~ V +'" _ ~....~ '._."'~___._' L'"'b~` -.~."+a`~''r.'- . .. .~~..__~.~___ "___ _ _ ___ ^__._._. '~_'_"..."_ ~ ~ __._..~._~-~_____ "'_..._..~~.__ _~_____ ~ -. .___,._`__ .___..__._-__.._-. .~_ ~' ~ , ` // /9 _~f~.~~ii A'i~/?~K-~~ ~~R...~~r4wM7d.~"-d"~..--_-~~ J~ y V .&.~G~.~~~.(!J'F~"-- ~-~.,~ p ~• / ~.._.__..__..__i __._ ~ ~, , .., /y / ~ ` ^ 1 ! r7 /7' ~%y/!„'Z~_~ ^9z„r-_u.c~„~.' ,.v.-... _ -_ /' -~-~-~~-.~J~F~ _E.:~.- ~~ ~ ,. ~ ~ ~ ~ .~_.- ~. 1 ~~~ `~"" , ~~ -- ' = ~? ~~_.zC ~~'{--„[~ . ".`_ I ----.____-._ , E--~~~. a~~'.-~~'-;~1~~~...-~?~./.~ ' ~.~?~2~ s~~~~-- %~~ .. , . %.~_. a~,~ . ~"'/1 ?~ -...~ -- -~ - ---- '-~ ------____- -_------.. '~ _ _.- ___~. _~~~~_-L~-__~~.._.^~----- -- -- -_ _____ ~ ~~ .~_-~_~_.~.~-_ ____----__ ~_~_~.'~~ .__._ ~ ~ ~ _ - -~ _~_~J-'?-~.-.._.._ _ ~~ ~--~~ __-Ea ~~~ - ' ~2~ ~ " ~ / ~ ~ ~ - f _._..~~` .-~_~..- ~; ~.~ - ... ~~ ~ - --- -1-- -- - -r' -- ------- I ~ ~- _. /.~'7t a _~. ~+G~_y~~-~- ~. _` ~7~~= ---- ~ ~~~~~~~~ ---- -j ~ ,'~---- - ------- ---- 2~ ~- t _~ ~' ~ i~ - -- ---- _~ ___._ ~ . .__ . I -~ = - ,~~' _' --------- :, ,~, ,.~t .4._L_.yG -~~~~_~.~ ~..--__r__.__-~_~.____,______ __-.._~__,._ ~ ~,-__.._----~ ; ~ / ~s~~u_.t..._ ~`-' ~~ ~ -i k-~- ~-~--- -i~ ----- -___ ~ ~----- _.___------- x , ~~~ -, _. ~,-„~-''~/ „~°lla~e wi~/~ a Pa~t, ~E y ~i: 210 Fidalgo Avenue, Kenai, Alaska ~~v, ~-~ ,~~+ Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us ~~ t/tecityof ~~ KEN ~ Stt~ MEMORAI9TDUM TO: b4ayor and Council Members FROM: C:aroI Z. Freas, Gity,~I~rk ~ty of Kenai !~Q D9TE: OcYober 29, 2007 RE: UPDATEIJ COA?MISSIOA;JCOMM7TTEE h3LETIIJG ATTEMDARTCE REPORT' Attached is art updated Commission/Comrnittee Meeting Attendance Report for your informauon and review. KMC 1,96A50(b) states, If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, fram more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of three (3f consecutive caIendar months, he/she shal] thereupon cease to hold the seat. A commission, committee or board member may not have more than thzee (3) excused absences during a twelve month calendar year. The antire Chapter 1.90, Standard Procedures for Bvards, Commissions and Committees is attached for yaur informatian. clf Attachments 138 ~ ~ ~ ~ `~y\ ~ ~ z x a ~ [ a ~e ~ °~ O ~ "~ ~ ~ ~ a ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ x ~ ~ G z ~ ~ t~ ~ ~ ~ ~ o~ ~.t ~ ~ ~ ~ .~ ~ ~ ~J° ~'/~ '~ O ~ ~ ~ C~ H ~ ~ ~ ~ ~ v d rH ~ ~ b ~~ ~ ~ \~ U ~ ~ ~ ~ ~ ~N~ '° f0 f N ~ ~ ~ "' '~D ~ ~ Ct\ ~ ~ ~ ~ ~ ~ ",~. T ~ ~ ~ ~ ~ ~ 133 ~ ~ ~ ~, ~ ~ ~ ~e ~ ~ ~ ~ v~ r b ~ ~ O ~ ~ ~ ~ ~ ~ "~ ~ ~ z ~, .c r ~ x ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~' O ~ ~ z ~ ~ ~ x ~ ~ ~ ~ ~ ~ ~ c~a ~ ~ « ~ o . ~ ~ ~~ ~ ~ ~ ~ , ~ r ~ ~ ~ ~ '~ ~ ° ~ ~ ~ ~ `~ "~ ~ ``~ `~ ~ ~~ a ~ ~~ ~ ~ ~ ~ ~ ~ ~~~ ~ Q -~ ~ ~~ ~ \ ~ ( " ~ ~,~4 4i~ C'\ ~ j~/ s ~ md/° '~ ~~ ~~r u~ (1 ,~ io ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ a ~ ~ ~ ~ p~ ~ ,~ y a o ~~ ~, ~` ~ ~ e~n o 0 o r~~n ~ ~ ~ ~ m ~ ~ ~ ~. ~ ~~ ~ ~ ~ ~ ~ m " 1? 0 °'~ ~ ~ \ ~ ~ ~ ~ 77 O ~ `~ ~, ~~`~z ~ \ ~~ v , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ `,~o ~ ~ ~ ' 4e1 W y W H ~ ~ W ~ y~ N /q U t ~ ~ fl ~ ~ x x ~ p ~ ~ ~ ~ ~ C~5 ~ ~aJ Q tb °~ ~ C!1 x ~ a O ~ p x r~" ~ H x k~1 '~ b v ~ '~ ~ ~ '~. q ~ ``\. ~ b `S "~S `~ ~ ~ ~\ ~3 ~ ~ ~ .~j ~ c~ ~} H ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ' ~ C~4 ~ ~ ~ ~ ~ ~ `C1 ~ e3 ~ ~ 'YT '^`ba ~ p\ ~3 43 ~ ~ °~ z ~ o x ~ ~ ~ o l~` lT1 r.a ~ ~" H ~ b y ~ Z C~ ~ ~ ~ r, p t°~"`" ~ O ~ . ~ ~ '~ W ~ ~ ~ U t ~ ~ ~ Z O 1~ t'~ im ~ ~ ~ ~ ~ ~ ~ ~ \ !T' ,~ `6 `~, "~, `'p ~. ~O ~ ~ b ~ ~ b `~y ~ ~ ~ h v ~ ~' a ~ ~ ~ ~ ~~`° ~ ~ `e' ": `~ ~ ~ ~ ~ ~ ~ b ~ `°~ ~ ~ '~ `~ ~ ~i ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~! H G~ c~ ~ m ~ ~ a ~ .. .~ o x ~ o ° ` ~ ~ ~ ~s ~" + p r W ~ ~ y ~ ~ ~ v ~~ ~ ~ t " ~ ~ ~ ~ a ~ y ~ a o ~ z ~ ~ ~ ~ ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `~ '.~ ~ ~ ~ ~, ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~s ~, ~ ~ V --ks ~ ~ ~ ~ ~ r 146 Chapter 1.90 ; STAND?.RD PROCEDURES FOR BOARDS, - ~ .~;._ ..., COMMtSSIONS ANU COMMIT"tEES Seclions: I90.a10 Ceeation. 1.40.020 Dnties. I.4U.030 Qualffications. 1.90.040 Tarms. 1.40.Q54 Proceedings. F.90.660 Specific requiremertts of boards, commfssions and committees. 1.90.410 Creation. All boards, cammissions and cammittecs created by the Council of the City of Kenai, shall consist of seven (7} members who shall be nominated ~y thP M?por ~nd 6onfi~d by ths City Council from app3ications submittcd ta the City Clerk A chairman and vice-chairman shall be selected annually and shall ba elected from and by tht appointed members. The Ivfayor and one '~Council Member clected by the CounciI as ex- offcia rccembers and as consultaats of any board, commission ar comtnittee, may attend all maetings, but shali have nn voting power on the boazd, commission or committee. A member ofCouncil or City administrative staffshall attendaIlmeerings of boazds, commissions and committees and supply staff suppozt. 1.90.020 Duties. (a) Members oF boazds, commissions and committees shalt be required to establish poltcics relating Ya their respective organization.'£hey shall act in an advisory capacity to department heads widun the City Adminisiration if there aze suoh departmettts in the City organi~ation that d'sectly relate to tht boazd, commission or committee. {b) If the board, commission or committee has income stated within the City of Kenai umuai budget, said board, commission or comtnittee stiali work with the City Manager W establish expenses projected for the year for approvat by the City ~Cauncil. 1.90.U30 Qaalifications. (a) A member of a board, commission or oommittee rnust be a resident af the City of Kenai, unless the board, commissioa or committee is specifioally exempted by Councii from this requirement. Thc rnember cesmot be an officer or cmployee of tize Caty of Kenai. If any member shnuld move his residence from the corporate Iimits of the City of Kenai (if appticable), is an officer or employce of the City of Kenai, or shatl be elected or appointed as an officer or cmpiayee oF the City af Kenai, the service of such memhct shall tertninate immediately. Ae sbould be aware t6at he will serve without salary, but wiil be reimbursed for aYl reasona6le axpenses incuxred in connecrion with this servica, only after approval by Council. (6) The Beaurifioation Committee, and Hazbor, Library, and Parks and Racrtation Commissions may at the discretion of t3ae Cauncil have up to two non-resident memhers each. (Ord, 1448-2d02j 1.90.04U Terms. (a) A member of a boazd, commission or committee shatl serve for a term of three (3) years, unIess the board, commission or cammittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reagpoint the member or recommcnd a rep3accmcnt. (b) The terms of the inidal board, cominissian or committee member shall bc staggercd so that three (3) members will be appointed for one year; two mexnbers wilI be appointed for two years; and two members wilI be appointed for three years. Tetms shall commence on January 1 of each year. 1.90.U50 Pcoceetiings. (a) All boards, commissions and oommittess will have regulazIy scheduled mectings which shalI be open tn the pubtic. E.xceprions to the meeting requirements sSiall be estabiished by Conacil. Permanent records or minutes shaii be kept of all proceedings and such minutes sha11 record the vote of each member upon cvery question, Every dccision or finding shall immediately be fited in the ofiice of the City Clerk and shalt be a public record open to inspection by any person. All acu of 32 (SSa-71z6~aa~ 14? 1.90.050 boards, commissions and committees are sub}ect to the paramount authority of the City Councit. (b) ff the commission, committee or board member shall be absent, wizhouc the body excusing the a6sence for goad cause, from more than one-half of all the meetings of his/kier committee, cornmission or board, regular and special, held within any period of fhree (3) consecutive calendar months, he/she shall thereupon cease to hold the seat. A commission, committee or board member may nnt have more than three (3) excused absences during a twelve month calendar year. {c) In ail matters of par(iamen[ary procedure, RoherPs Rules of Order as revised shall be appiica~fe and gavem ail meetings, unle;s as speci~ed in KMC L I5.060 motions; KMC 1.E5.Id0, speaking; and KMC 1.I5.110, voting. (d) The responsibitity of insuting that all members of boards, commissions and commit4ees receive a cogy of the Standard Procedures of Boards, Commissions and Cammittees Iies with the City Clerk. (Ords. 1610-44; 2017-2003; 2Q50-2004; 2140- 2006} 1.90.06fl Specific reqairements of boards, commissions and commitkees. Requirements of boards, commissions and committees as set foRh in KMC 1.4Q are genera( requiremenu and shall ba followed to the extent that they do not conflict with specific requirements found in code sectians specificatiy pertaining to individual boards, cammiasions and commiYfees. {Ords.1223,I239} 33 (Keom Supp.No.8i.4-O6) 148 INFORNL~,TIdN ITEMS KENAI CFTY GOUNCTL MEETING Novemher 7, 200? 11/7/2007 Purchase Orders Betwsen $2,500 and $15,000 for council review. Project Status Report 3. Planning 8v Zoning Commission Application - C. Arlette Baldwin 4. Email from HealthE Goods regarding Pabbie Mine 149 Q S °o o °o o ° rn ~ v°> o rn ° ~ rn a a sr .t °D. rn Q t0 ~ M M ~ I`~ ~ ~ Z W Q ~~[ ~ ~ ~ ~ U ~c r" at$ W wr W ~ ~ ~ ~ ~ ~ ~ ~ ~ cui w a w ~ o w ¢ ~ a ~ a t~ a w ga ~ ~ ~ ~ ~ a ~ ~ a ~ n 6 S t~.9 ~'~^ m m F m l~j 6 W W U~ W ~d ~ t/5 ~ a fS O Z O m I- ~ o ¢ ¢ ta.~ °a' a nd' J ~ ~ ~ O Z U O ~ ~ ~ N 4~ K o ~ Q "' d ,~~,-, K¢ ~ ~ q ~y U C7 Q a o ~ s ~ ~ N > ~ a O J L- ~ o°N ~ ~ ~ ~ z ~ y ~ ~ ~ ~ ° e<: c~n t~7i o a ~ m ~ ~a°, ~ o c~'i ~ cdi a~ a ~ ~ ~a z ` o p ~ > ~ ~ r= m m >- ~ z ~ c~ -~' -~ ~ a"' ~ ~ ~ _ ~ w~ o z o a ~ Q J ~ ~ C7 U V 4 U 2 Q ~ ~ p L~j CWy ~ a U ~ ~ a a ~ ~ ~ 150 Project Status ~eport NC=NOn-Construction RL-JaoklaShot F=Kuture RS - Robert Springer MK • Marilyn Ke6schuli STIP=Stete Trens. Imp Jet - Jan Taylor A/NC/F/ aty C~Yact Pro~ct Name Status SflP A JL Airport Runway Safety Preparing for winter shut dowa Eledricai Zone/Extension generators to coMinue. Addifional work in spring. A MK Airport Suppiemental Pianning Proceeding with implemenfation, Phase 2 Finai Assessment Reports printed. Issued Amendment 3 for drafting airline negotiating agreement. Clraft received and 6eing reviewed. A JL Contaminated Soils - Shop No funds for further work. A RK Kenai River Btuff Erosion The Corps has received funds to help with the Controi Project design and answer any quesfions from the study and agencies inciuding o6taining the Corps Permit. . City working with Corps consultant. Tetra Tech main consuitant. R&M drit[ed monitoring weils. A JL Kenai Soccer Fietds Closing out projec#. A RK L~D's - Shamrock Cirde Will be scheduled for paving during ne~ year's projects. A RK LID's & Miscelianeous Paving - Ciosing out project. 2007 A RK Marathon Road Contrects awarded fo HDL for Marathon Road and Relocation/Wildwood Dr. Sewer to WCB for Wildwood Drive. Main & Street A JL Public Safety Garage Projecf being engineered by Wince-Corthell- Sryson. A RK Water System . Revising HDL contract to include dr(lling and evaluating two wells in the Eagle Rock area. .... ~ Montlay, October 29, 2007 Page t of 2 isi ~~xc1Fi Clty Co~act P-ro~ect Name Staius sr~ A RK Wifdwood Water Main Closing out project. STIP DOT - Bridge Access Pafhway Pathvray along Bridge Access Road from K-Beach to Spur 3.3 miles...Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. City Manager talking to ADOT. October 29, 2D07 Page 2 of 2 152 ~IT'~' OF KENAI " I~itlage with a past -- City with a future. " %M7p~ BACKCrROUND ANTD PERSONAL DATA - ;-~° ~ CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS £!rc clfy a f NEt1A1, GLASKIi ~TU~ T~: ~ x~xaz crrr cLExFc z ia F~Dnr,Ga avEnroE x~xai, AK 99611 PHO%E: 283-9535, EXT. 231 '' FAX: 2$3-5068 DATE:r . ~ ~.~), ~-'O~. ATAME: ~~ ~~~'~-C-',7TL- ~)A/ l~G<)/f~ Resideat of the Citq of Kenai? ~W> Iiow long? f`~I ~/"'y Residence Address //~~ ~-~~~"1-l ,~'~`Jf-~-' 1~~C~dl_.% f-~~~1 ~ i Mailing Address ~J~ /l~i"71 A~=Y_I~$/ rl~~r // Home Telephone No. ~~ 1~~'t'3'~~7~.~ Home Fax No. Business Telephone No -~~ r~:J/ 6<:1. Business Fax No. '~s` ~ ~ '~.~ 'ic`1 Email Addre ~~> ~ y~+ ~ i F)'~ ~~ `~ ~ ~ ~~s`rlvta+~ Crr~wt, May we inciude your contact information on our web page?~ALL If not all., what information may we include? EffiPLOYER k''f''f"^,`.j;l _ JobTitle ~~~C.~'uu.t '..~3~='~" ^ PIA'&[E 4F SPOUSE: ~ 1.1~V ~~~ --= `~S_~ "~...25?J 'E2 Current membetship in ozganizations: j~ ' tJ ,,,~,~ (~„~,~ f Past orgaaizational memberships: ~~~~~~~ i ~ ~~ ~~ ' ~--'~` ei- ~~ ~ ~ COffiMITTEES OR COMA2Y3SIONS TN WHICH YOU ARE ARTERESTED: DO Y6U BVANT TO BE INVOLVED WIfiA THES COMMISSION OR WHAT BACKGROUNLI, EXPERIENCE, OR CREDENTIALS I}Q YOU POSSESS TO BRING TO THE BOARD, COMMTSSYON OR CONEMITTEE MEMBERSHIP? ,,, „ , j ~ , , , , , , ,t Signature iss Carol Freas From: HealthE Goods [6en@healthegoods.com~ 5ent: Friday, October 26, 20D7 8:55 PM To: kenaimayor10@msn.com; cpajae@aitrogca.com; Iswarner@acsalaska.net; rossrck@hotmaii.com; bob@moibyforcouncii.com; barry_eldridge@yahoo.com; mboyle~alaska.com; ankd2000~hotmaii.com; Carol Freas Su6ject: Pebble Mine ~~ ben.vcf Mayor and Counoil~- As an Envircnmental Medicin.e p'r.ysiciaa, = can te11 you first har,d that I see ~:^.e effec~s ef these mines on many pa~ients. There will be many cancers, infertiiit:.es, toxic fisn/focd/water, lung diseases and genetic ~.ssues due co this *~ine and tFe mGr.y that wiil x`ollow it. I am saddened to see tt:.is mine pushed ~hrough. Whiie it may benefit a few for a r.um.ber of ~~~~.rs, it wi11 sigzificant,l.y h.axm. wa.y mo-re Por ger.erG~ioas ~~o come. s~7:at you are allowing cannot be reversed~or ur.done. Ic. is stronger to say n.o 'then it is ~e say yes ~_r: ~his case. You'd be respected a~our.d tne worl.d over if yoc said no *o ~he Pebbie Mine. Dr. Ben Lyr.ch 1S4