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Home My WebLink About2012-07-18 Council PacketCOUNCIL PACKET DISTRI: =UTION MA 18 PACKETS Council Meeting Date: or City Manager Library Kebschull Schmidt Council - 4 packets k Clerk City Attorney V Finance Fire Department Cunningham R' Student Rep. r v 1 Hall Binder k KSRM T Mellish I ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. JULY 18, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: CONSENT AGENDA ADD TO: ITEM E - Minutes City Clerk • Work Session Notes of July 10, 2012 • Regular Meeting of July 10, 2012 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 18, 2012 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http:/ /www.ci.kenai.alc.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Airfield Marking Improvement Project. 1 E. MINUTES 1. *Work Session Notes of July 10, 2012 2. *Regular Meeting of July 10, 2012 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Purchase Orders Exceeding $15,000 10 2. Action /Approval -- Assignment of Lease Between the City of Kenai and Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an Approximately 13,037 Square Foot Area as Depicted on Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property, North East 1/4, Section 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. 12 3. Action /Approval -- City Attorney Position Description 20 4. Discussion -- Scheduling a City Council Work Session to Discuss and Identify Capital Project Priorities Based on Appropriations Received from the State of Alaska. 30 5. *Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and that Portion of Lot A -t -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL) 31 6. *Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park 40 7. *Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery 42 8. *Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. . 45 9. *Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and Appropriations by $6,500.00 in the General Fund for a Library Grant 48 COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 50 7. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS City of Kenai Council Meeting Agenda Page 2 of 3 July 18, 2012 1. City Manager A. Kenaitze Indian Tribe Health Center 53 B. Planning Commission Training 55 C. Department Director Mid -Month Reports 57 2. City Attorney 3. City Clerk A. 2012 City Election Notices 70 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- None M. PENDING ITEMS 1. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. [Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 72 2. Budget Transfer in Capital Projects in Excess of $5,000 - None The agenda and supporting documents are posted on the City's website at www.ci.kenatak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 July 18, 2012 EW11, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO, 2639-2012 AN ORDINANCE ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE AIRPORT FUND AND IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE AIRFIELD MARKING IMPROVEMENT PROJECT. WHEREAS, the Airport is requesting funding to prepare bid documents for an airport marking project; and, WHEREAS, the administration has received confirmation these services will be eligible for 93.75% FAA and 2,5% State of Alaska reimbursement upon completion of the grant application and awarding of the grant to remark the airfield. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $20,000 Increase Appropriations Transfer to Capital Projects Fund $20,000 Runway Improvement Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund $20,000 Increase Appropriations Engineering $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July 2012. =EST: Sandra Modigh, City Clerk Approved by Finance: 1 PAT PORTER, MAYOR Introduced: July 10, 2012 Adopted: .July 18, 2012 Effective: July 18, 2012 Me o 305 N.: WILLOW 57.:SUITE 290 KENAI, ALASKA 99611 1EiFPNONE 907.283-7951 FAX 907- 2833737 or Rick R. Koch — City Manager From: Mary L. Bondurant - Airport an Date: June 29. 2012 Subject_ Appropriation of Funds —4 eld Mark IP Project The Airport is requesting appropriation of $16,740 to cover engineering services to prepare contract documents for bidding a term airport marking contract. The costs associated with airfield painting arc ever - increasing and the FAA has agreed and programmcd entitlement funds for this project The FAA will reimburse 93.75% of the project cost when grant funds become available and the City and State will share the remaining 6.25% is matching contributions, 1 recommend proceeding with this process now so the project can be bid and the airfield painte before winter. The grant application must contain firm numbers based on a competitive bid process in accordance with FAA's regulations. Attached is Wince- Corthell- Bryson's proposal with the FAA`s °approval and concur/ Please contact me i f you have any questions. Terry Rub -- Finance Director. Attachments www.ci.kenai.ak.us. 2 Ma From: Sent: To: Cc: Subject: krisjon.tabisola@faa.gov Tuesday, June 26, 2012 3:09 PM Mary Bondurant Casey Madden; Kayla Feltman Re. 2012aiP-Airfield Rn'M&0kingKMA Scope Airfield Markingpdf Hi Mary, I have reviewed your attached letter, dated May 29, 2012. 1 concur witli your request as detailed below arid as attached. Please let me know if you have any additional questions or comments Sincerely, Krisjon Kristen Tabisola, E.I.T. Project Ma AAL-623 FAA Air rtsDivision Alaskan Region (907) 271-3785 phone (907) 271-2851 fax "Mang Bondurvm AAL-600, A|pvuooawoo , Krision Tabisola/AAL/FAA@FAA, �,. "Kayla pemnxn^<slOnsan, t‘umf,":".k uo,,'caovy Madden' ^snInrnNmz�yuntnni-m��cnpm` uw� mam PM 2012 aip- Atrffeld Re-Marking KMA Attached for FAA revew ancl approval is the design proposat to prepare contract documents for the upcoming All) project KMA airfield marking With FAA approval we wil! appropriate funds and move forward to the bid process. Please let me know it you have any questions. Malty L0m��*nat Airport Manager Kenai Municipal Airport 305N. Willow St, Suite Z00 Kenai, AK 99611 Lel. 907.283,7951 Citvof Kenai idalgo Avenue i, Alaska 996 I WINCE — CORTHELL – BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907 -283 -4672 Fax 907- 283 -4676 E-Mail cnraddierXrl+vvct alaska.cola May 29, 2012 Attention: Mary Bondurant, Kenai Airport Manager Subject: Proposal for Engineering Services Prepare Contract Documents for bidding a Term Airport Marking Contract Pursuant to your verbal request, we submit this design proposal to prepare contract documents consisting of the Project Manual, Plan View Drawings, appropriate details, and a Cost Estimate. Time is also provided for assisting the City with the bid process as well as printing costs for 20 plan sets. Advertising for bidding purposes is assumed to he arranged for directly by the City. No field surveying is anticipated to be required as sufficient control is in place from recent projects. Project inspection and any surveying required will be negotiated prior to the work commcnci ❑g. It is our understanding that the City wishes to utilize a three year term contract with the selected Contractor. This Contractor would, in the first year, paint all areas of the Airport presently marked or delineated. In the second and third years the Contractor would repaint all centerlines and hold line bars: T Ian view documents and details will he assembled from appropriate recent airport projects to the extent available. Specifications will be based upon recently prepared documents, updated to provide control of the work and measurement and payment as best suits the City's needs, A review of the most current FAA Advisory Circular requirements will be performed and incorporated as needed. Dependent upon determination of the most appropriate method of payment to the Contractor, an estimate of construction cost will be provided. WCB proposes that costs for this design effort be charged Rates and Charges, a copy of which is attached. We es staffing time and printing costs will be required: Eng. VI 80 hrs. Senior CAD Operator 40 hrs. Clerical 24 hrs. Printing 20 sets @ $25.00 per set WCB proposes to perform the above Philip w.: Bryson PE Mark E. Manning PE rk for an arnount n n N. CoflheirPE 4 ordance with our current list cif that the following engineering 6,740.00 Frank W. Wincet E. Casey Ma If you have any questions, or 'require additional infor anon, please contact us at our office at your earliest convenience. Sincerely, Casey Maifden, P.E. W ince- Corthell- Bryson Current Standard Rates and Charges January 10, 2012 Airfield Paint Estimate Philip W. Eeyson PE Mark Es. SlaixningPE Alan. N. Cortheil:PE 5 E. Case) PE (ROE) dden PE WINCE—CORTHELL BRYSON Cau•ulting Engineers Box .1.•43 Kabala Alaska 99611 1, Maw 007-'283-4672 Fax 007-283-4676 E-Mail Quadri erartaimbal ask aatern TO Mary Bondurant FROM: Casey Madden SUBJECT: Airfield painting estimates DATE: Rummy 10. 2012 1 have split the Runway. TaxiAmys and Aron Paint Projects. The Mid Lines, Surface Painted Designations. and the lead in lines are included in both the Runway and the. Taxiway totals due to <Muir importance to the curt inspectors. 1 would in including the Apron every other 'taxiway paint would be sufficient. SQUARE FOOTAGE PORN os pAINT pRoJEcr WHITE YELITTIV BLACK RED BEADS RUNWAY 120E22 15,130 6.924 3374 143800 Paint, 143E50 SOT Ca3$1 3751 3250,512.00 Beads 1438.00 010.'s @4'125 3 18,504300 Surface. 'prep. $ .20,000.00 Traffic Con CAA 10,000,00 Mob/Demob SLIST,000,09. TOTAL 3 309:R112E10 134,XIWAYR 42,643 22,446 38.74 4.739 66,063 sa. s.117285.00 Beads 4,739 Lbs, @ .$1.25 3 51924.00 Surface P mai" 3 5:000,00. Truffic/Control 11 51000,00 Mob/Demob ILE3JQQ30Q, TOTAL $1.38009,00 APRON (includes Pa•rit 303000. SD 3, (4031375 .8 5E500100 Beada. 10395..Lbs. g $.1.).5 $ 11860:00 Surface Prep $ 2„504300 Traffic Control $ 2,500,00 Mob/Demob .3 . 5300000 'TOTAL 3 . 64,368100 iTsr2o“ PE: Aktn..R.Curtheri. Pe Fritalti,V0Vimec FE Bilunv.h,g cr11.;sidt,n..PE 6 SitiliNCE-CORTISEHEERRYRON CONSULTING ENGINEERS SCHEDULE OP RATEs AND CHARGES FOR. EFFECTIVERANUARY It 2012 ENGINEERING* RATE PER HOERR ENGINEER EH ENGINEER 01 ENGINEER ENGINEER IN ENCNNEER TECHNICIAN 1NTERN SENIOR CrtisD OPERA.TOR SYSTEM CAD • OPERATOR 82 S VS' nal TYPIST (Reports Sr Spectications (Stay) uRcoNsuLTAms; Actua1 cost dim 10% ADDITIONAL CHARGES $175.0.0 5135,00 SI10,00 H100.00 $85,00 S65.00 $100.00 S85.00 36045 AthOtIlettik ibr trips to points in excess of i00 nines front office, at the rate of $0.50 per mile both ways, 2, Actual cost of airline, charter, train, i/U,S Rib fare ct auto rental. 3. Astuat c:ostI of subsistence and lodging. 4. Actuai cost freight and express charges, and postage • other than ordinary firstrelass. 5. Actual cast of matorials required los the job and used rsurvcyny , bridling reproduction costs. and field office crocuses. 6. Actual cost of special tests. thettital tunertittal hems 2 through 6 aboatuan. meant of relit percent (IO) snail be dititiett for atiatriabstrative and overhead costs, * Etighteeririg cigssificarions shown corresboad to ASCE grades. ** Rates Id pl'Ojeet RIR& require 126 hours or more of:full Hum Eidgibeersdassitied position Hort are subject to prier negotiation, Spe2 tra. rates than apply only if negotiated prigs to Hie start orate dratject. 7 Substitution Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2639 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE AIRPORT FUND AND IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE AIRFIELD MARKING IMPROVEMENT PROJECT. WHEREAS, the Airport is requesting funding to prepare bid documents for an airport marking project; and, WHEREAS, the administration has received confirmation these services will be eligible for 93.75% FAA and 3.125% State of Alaska reimbursement upon completion of the grant application and awarding of the grant to remark the airfield. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations Transfer to Capital Projects Fund Runway Improvement Capital Project Fund increase Estimated Revenues: Transfer from Airport Fund Increase Appropriations Engineering $20,000 $20,000 $20,000 $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance 8 PAT PORTER, MAYOR Introduced: July 70, 2012 Adopted: July 18; 2012 Effective: July 18, 2012 Memo "s ke 305 N. WILLOW ST, SUITE 200 KEMAL ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 To: Rick R. Koch — City Manager From: Mary L. Bondurant - Airport Managi, Date: July 11, 2012 Subject: Correction to Ordinance No. 2639-2012 - Airfield Marking AIP Project 171 The third paragraph in Ordinance No. 2639-2012 incorrectly stated: "services will be eligible for 93:75% FAA and 23% State of Alaska reimbursement" The statement should read: "services will be eligible for 93.75% FAA and 3.125% State of Alaska reimbursement" The State of Alaska reimbursement will be matched with City funds for a total of 6.25% to add to the federal share of 93.75%. Please contact me if you have any questions. Cc: T'erry Eubank — Finance Director Attachment www•ci kenai ak.us 9 PURCHASE ORDERS OVER $15'0VKV0YNUCH NEED COUNCIL /\PPII0v&i COUNCIL N1EFT|NG OF: JULY1A'J012 ------- '--' VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KENDALL FORD OF WASILLA BOB'S SERVICES � 4X41lT)NTRUCK S_FT BED WiCxAME WATER/SEWER WATER/SEC/ER MACHINERY &tOU(PMENT &EuU|PNEN) 29,000 00 17,000 00 INCREASE ORDER VENDOR----- ---,-----`- --~�--��-----' -'~~�-----� ^---~--�-��°-------~�,----~ ---^- . REASON AMOUNT TOTAL ----- GLENN GRAY &ASSOCIATES PRVPESm0NALS6Rv|CES 35559 COMP PLAN ADE)ITIONAL SERVICES 20,000 00 95,000 00 1 7 KENAI, ALASKA • Village with a Past, Cii with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 MEMO: , TO Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Adn-in ation DATE: July 11, 2012 SUBJECT: Increase to Purchase Order 95559— Glenn Gray & Associates An increase to the purchase order to the consultants, Glenn Gray & Associates, in the amount of $20,000 is necessary to provide funding to complete the Comprehensive Plan. The increase is necessary for several reasons but mostly due to the extensive review and multiple updates to the survey, background report, and implementation plan. The increase was anticipated early in the process because of the City's desire to provide an opportunity for extensive public review and involvement. The increase is necessary now as the initial funding has been exhausted. Staff has worked diligently with the consultants to streamline the process as much as possible and will continue to do so with the goal to reduce expenses as much as possible. 11 N., Mr tiOigii •KEiN, •ALASKA NEz «fril/age with a Past, tatty uitM a Mitt-urea 210 Fidalco Avenue, Kenai, Alaska 996117794 e eplone: (907) 283-7535 / FAX: (907) 283-3014 www,ci.kenai.ak.us Rick Koch, City Manager Christine Cunningham, Assistant to the City Manager DATE: July 10, 2012 SUBJECT: Assignment and Assumption of Lease Agreement A Portion of Tract A. Kenai Spur Komi Marathon Oil Company on behalf of Kenai Nikiski Pipeline, LLC has requested an assignment of its lease on the above referenced property to Hilcorp Alaska, LLC. The property is identified on the attached map and is airport and located outside of the Airport Reserve. A concrete pad, antenna tower, and conduit were installed on the property in 1998 pursuant to a Special Use Permit that expired in 2008. The subject Lease is for a term of 20 years, and became effective on October 20, 2008 and expires on June 31, 2028. The purpose for which the lease is Issued is: "Location of a pipeline valve in a concrete vault and concrete pad for antenna tower and small building." The request does not include a proposal to change the use under the Lease. An assignment requires the written consent of the City. Both parties are in compliance with the City and the Kenai Peninsula Borough. The City Attorney has reviewed the attached document and has no objection to the form. If Council approves the assignment, the Assignment and Assumption of Lease Agreement can be executed. cc: Kenai Nikiski Pipeline, LLC Attachments 12 ASSIGNMENT AND ASSIJMPT!ON OF LEASE AGREEMENT Kenai N\kiski Pipeline, LL[|/[eon8e64ssi ood,m/hoseaddrcSuis 539 South Main S1reet, Findlay, OH 45840, and who is Lessee under that Lease of Airport Lands dated November 12, 2010, which lease has been amended through the First Amendment to Lease (collectively, the Lease), assigns all of its respective rights, title, and interests in the Lease to Hilcorp Alaska, LLC (Assignee), whose address is 3800 Centerpoint Drive, Suite 100, Anchorage, AK 99503, subject to all the conditions and terms contained in the Lease, The Lease covers property Iocated in the City of Kenai described as: an approximately 13.037 square foot area as depicted on Tract /\'1, Replat Tract "A" Kenai Spur-Airport Lease Property, NE 1/4, Section 5, Township 05 North, Range 11 West, Seward Meridian, Gity ot Kenai, Kenai Recording Distriot, Kenai Peninsula Borouqh, Aaska, and further depicted in Exhibit A attached to this Assignment. The Lease is recorded in the Kenai Recording District at Seria! Nos, 2010-010858-0 and 2010- 01QA928. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and outstanding obligations that may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease Agreement. Assignment and Assumption of Lease; Consent Page 1 of 4 This Assignment and Assumption of Lease shall be governed by and construed in accordance with the laws of the State of Alaska. STATE OF TEXAS ) ss HARRIS COUNTY LESSEES/ASSIGNOR KENA|&\|K|S|{! PIPELINE, LLC BY: NAME: ITS: ASSIGNEE: HILCORP ALASKA, LLC BY. NAME: ITS: The foregoing instrument was acknowledged before me this day of July, 2012, by , of Kenai Nikioki Pipeline, LLC, an Delaware limited liability company (registered as a foreign limited liability company in Alaska), on behalf of the company. Notary Public ofAlaska My Commission Expires: Assignment and Assumption of Lease; Consent Page 2 of 4 14 State of Alaska /sC Third Judicial District ) The foregoing instrument was aCknOvuedged before me this day of July, 2012, by of Hiicorp Alaska, LLO, an Delaware limited iabUity company (registered as afnneigO limited liability company in 4JnSh8)' on behalf uf the company. Notary Public ofAlaska My Commission Expires; CONSENT TO ASSIGNEMNT The City of Kenai hereby consents to the assignment of the above-referenced Lease from Kenai N|KosK| Pipeline, LLC to M|!oorp8|$Sk8, LLC. The City's consent to assignment shall not be deemed to be a consent to any further or subsequent sublease or assignment This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above-referenced Lease. CITY OPKENA/ By: Rick R. Koch City Manager Assignment and Assump n of Lease; Consent Page 3 of 4 15 STATE OF ALASKA ) /SS THIRD JU4/QALDISTRICT ) The foregoing instrument was acknowledged before me this day of July, 2012.byRiokKoch,Ci\yManag8rOftheCitY8fKenai.an/\|eskannVnicipa\CVrp*rnhon. on behalf of the City. Notary Public for Aiaska My Commission Expires: Approved as Krisfa S. Stearns City Attorney PLEASE RECORD |NTHE KENAI RECORDING DISTRICT Awo RETURN TO: City of Kenai 210 Fidalgc Avenue Kenai, AK 99611 Assignment and Assumption of Lease; Consent Page 4 of 4 efrali Wawa war , plan 21 rtLitt N,..Tg2 t .Aix�w.;vLL=ENftir ml aara TRACT 6-1 KN -0a018 25 Na rat a. 5,45 gr aasrte-25. al re ye u % lea,a. .la QH. u'.. e1, )A IC. tilO !25 2 u .Veto' a naau.l FPVe 51' v.v 2510. REPLAr TfZA{;7' A` K£NA/ SP JR AIl2PORy' LEASE PROPERTY LOT 1 000 tvis- a Intngx• O A parc& of and sftuated in Section 5, Township 5 North, Range 11 West, SemmrVK4rrid| | «ecorwn8uo{/�\State nf Alaska, more po�icu(ar(ydrs,hhnUafollows: a^�niheKe»oi Commencing at the noheast corner of Tract "C" Ken& Spur-Airport Lease Propeny KN/8'l[L Thence course S 47- 29'-af W along the southeasterly property boundary of said T °" z6l Beginning, e�C,dis|ance Thence Course I5];l0'39 E Distance 69.4lft: Thence Course N88~19'2l(Distance 22A2 ft. Thence Course N5l-In`39oY Distance 87/64 ft: toa point on the center o/a30' Book O550 Page 3l6Coun��N47'J9'OVF Length: 45J2 accooeas,ment, prr Thence Course l4J-29-37W Distance 84.57 ft. along said easement m the �� W Street Loop, ^ YK�0]mW[x�am Thence along a curve to the northwest along said R.O.W, Distance 152.14 ft., Radius: 1386.7; Thence along a reverses curve to the northeast a Distance 35.48 ft,, Radius 20.00 ft.; Thence Course N47'Z9'0nL Distance 45.52ft. to the PoFni of 8eg(nnft Thence encompassing 13,037 sf. 0.30 ac, EXHIBIT A PACE 2 OF 2 Kenai N kiski Pipeline, C Lease Assignment UNSUEO VIDED REMAINDER 19 KENA19 ALASKA e with a Post city with a Ftture" 210 Fidalgo Avenue, Kenai. Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907-283-3014 MEMO IDS._` TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney(.' DATE: July 12, 2012 RE: City Attorney Job Description Attached is a new draft job description for the City Attorney based upon the feedback provided to me at the July 10 Council meeting. 1 have included both a marked -up draft showing the changes and a clean copy incorporating these revisions. I provide the following notes to further aid your review, • Council Member Navarre did not have a chance to give nee new language for the General Description prior to the Clerk's packet deadline. I have suggested a few changes that, I hope, reflect his concern for wordiness and repetitiveness. I also deleted the reference to "officials" as it does not contribute much to understanding, as aptly pointed out by Council Member Marquis. • There was no consensus about adding new language to describe the attorney's work with outside counsel (para. 8, Essential Duties): The revision says expressly what is already implicit in the description in that the work of the attorney, just like the work of the clerk and manager, is coordinated with others within city government. My take from the discussion on July 10 was that the Council was perhaps hung up on what the City Manager or City Clerk's roles might be with respect to these third parties retained by the City to protect the City's legal position. But, remember, that this is a description about the attorney's duties as the City's chief legal adviser. The attorney's job description does not purport to dictate the job duties of the manager, the clerk, or others. • There was no consensus about whether to amend language requiring the attorney to prepare a budget (para. 13, Essential Duties). L added the word "request," one suggested change; but, I did not state to whom the budget request would be made, • Rather than add a new item under "Minimum Qualifications" to include the communication skills stated in paragraph 13 of the old description, I added that language to paragraph 2. That paragraph already addressed the need for strong oral communication skills and the Language from the old description complements that qualification. L' 1:gIDpt\AttyRecruit. 20121 Sears t t\ JobDescr-ipttconnciI.mem.071212 20 CITY OF KENAI LEGAL. DEPARTMENT TITLE: CITY ATTORNEY SUPERVISOR: KENAI CITY COUNCIL NO. SUPERVISED:. 1 NORMAL HOURSNVK.: 40 SERVICE TYPE: EXEMPT GENERAL DESCRIPTION: The City Attorney is a department head position of the City of Kenai and is hired and supervised by the Kenai City Council. The City Attorney is-the -• a b.•r ••• serves as the chief legal advisor to the City and is responsible for providing legal services for the Council, City Manager. City Clerk, and all departments and—officials—of the City.. Responsibilities include planning; staffing and supervising of -the legal department, _ r �. - -s :_aide sor , ^' :: :c stment, add to pedorm.ng the �day- to-daylegal work of the City. Work is performed with technical independence subject lo compliance >with the law and review by the courts. ESSENTIAL DUTIES AND RESPONSIBILITIES: 1. Advise the Council, City Manager, City Clerk, and other officers and departments of the City on legal issues pertaining to the City and in regard to their official duties and responsibilities. 2. Represent the City in matters, civil and criminal. coming before any court or administrative agency. This work includes legal proceedings from original matters before the trial court through appellate proceedings. Represent the City in mediations, arbitrations, and governmental administrative proceedings. 3. Attend all City Council meetings and attend any work sessions as requested by the City Council or as otherwise helpful to work of the City. Assist with parliamentarian duties as requested by the Clerk or the Council. 4. Draft and /or approve the form and legal sufficiency of contracts and other similar documents to which the City is a party. 5. Draft ordinances and resolutions requested by the City Council, City Council Members, the City Manager, and/or the City Clerk. 6 Furnish necessary legal certificates required by state and federal agencies. 7. Prepare and submit to the City Council and/or to the administration such reports and opinions as may be required or requested by that body or as the City Attorney may deem it advisable to submit. Provide written quarterly reports to 21 the Citv CounciF. Recommend€ for adoption by the Councii such measures that may be necessary or expedient. 0, Supervise lhe work of outside counsel or legal consultants retained by the City. Communicate with ine Council Manager and/or Clerk tenanting coordination of work of outside courisel, 9. Farticipate in a wide range of actJv[ties reLated to risk rnanagement of the City. 10. Administer coection efforts by the Legal DepartmenL 11. Act citations for traffic offenses, anirnat control offenses, and other viotations of City Code, appearing in court and filing appropriate motions to do so. |12, Supervise process by the Legah Department, inciuding maintaining historical database of citations and leading periodic collection efforts inchuding electronio attachment of Permanent Fund Dividends. | ~� ,ormatted: Indent: Left: � ; Make prpsemoUonsand pmvidelegal taio|n �v�nfmidn|| | n"m�^ matters (for example, Open Meetings Act, EEO compliance, elections law) to the City Council, boards, commissions and/or City employees as requested hythe Council or administration. l Train and supeniso Legal AdnlnhtmtiveAssistant i41' Prepare and submit the annuab budget request of Legal Department. ldentify and deterrnine short- and goalS for budget phanning and preparation. Monitor expenditures th maintain spending within allocated budget. Review invoices and request payments for Department purchases. 1 Maintain strict oonfidentiahtty of privibeged communications and information, Comply with privacy lawsan4rngu|abo»nandwithu|l*thina|ondotho,ru|n* governing attorneys and regarding the practice of law in Ataska, ��.; Maintain department records in accordance with record retention schedube, Prepare reports for the variety of matters handbed by the Legal Department. &dondooniinuiqDeducaiivnprngroms\omain1oinmomhrmNingoodstaoVing with the A!aska San Assoclation and to be current nn developing law relevant hn abt aspects �f rnuhicipah law. &�^ Perform job duties with minima or-no-supervision. " .. Perform other work as assigned by the City Council. MINIMUM QUALIFICATIONS: The applicant must have at least sever -five years of increasingly responsible legal experience with a broad range of public sector municipal law experience, preferably in Alaska. The successful candidate will have a demonstrated ability to represent the City in a variety of complex legal areas (for example, public procurement land use and zoning; real estate and contracts; construction; employment; administrative; appellate; and public entity law) with minimal direction and supervision, 2. The applicant must have strong oral communication and interpersonal relationship skills, including the ability to establish and maintain effective working relationships with the City Council, City Manager, City Clerk, department heads and -other public officials, and the general pubiic. The successful applicant must have the ability to communicate effectively both orally :. and in writing and have demonstrated skills in performing legal research, drafting, briefs and other legal pleadings, and in making legal arguments. The applicant must, possess good organizational a kill s. and the ability to manage many complex tasks simultaneously 4. The successful applicant must he able to use a computer proficiently and have knowledge of general taw office procedures. DESIRABLE QUALIFICATIONS: 1. Significant legal drafting experience, including with drafting real estate and professional services contracts, is highly desirable 2. Demonstrated ability to speak in public and to use negotiating and compro in skills to influence results is preferred. 3. Familiarity with typical administrative and law office software programs (such as Microsoft 6•- Word, Excel, and Outlook. Westlaw, and Adobe products) will be helpful to the successful applicant. L €C'ENSES AND SPECIAL REQUIREMENTS: 1. The applicant: must have a law degree from an accredited collegeor university, 2. The applicant must be admitted and eligible to practice law in Alaska or be eligible to obtain membership in the Alaska Bar Association by reciprocity or otherwise within a- very- sao# -timme -three months of beginning employment. 3. The applicant must pass a criminal background check, credit check, and other appropriate background. investigations. 23 4. The employee must attend meetings at night and may occasionally be asked to attend other meetings and to respond to telephone calls and inquiries during . times outside of the normal City business work hours. 5. The employee will be required to live within the City of Kenai. WORKING ENVIRONMENT: The work environment is typically in an indoor office and community room setting, adequately heated, lighted, and ventilated. The City Attorney must attend public meetings, often at night and must occasionally travel to other areas in the community, particularly to other public office buildings including the courthouse. Some travel outside of the City: is occasionally required, PHYSICAL. DEMANDS: While performing the dunes of this job, the employee is frequently required to use hands and fingers dexterously '(e,g., operate computers, telephones, photocopiers, microfiche, keyboards, scanners, and other general office equipment); to communicate orally in person and on the telephone, is regularly required to sit and stand for long periods of time; and is occasionally required to walk, stoop, crouch, bend, lift, and reach with hands and arms.. Very occasionally, the employee may be required to exert up to 40 pounds of force. Specific vision abilities required include close vision and the ability to adjust focus. Tne employee must be able to hear and to talk and to communicate verbally in- person as well as on a telephone. MISCELLANEOUS INFORMATION: 1. The City of Kenai is an equal opportunity employer. Employment is based on qualifications free of personal and political considerations, with equal opportunity for all, with no restrictions as to race, color, creed, religious affiliations, age, national origin, marital status, or sex. 2. The City does not discriminate against the qualified disabled in emptoymen 24 Department Tille /Subject. ■ Legal Department Clty Attorney I Reviser! 1 Revision No j Dept. Head. Date j Approval (i 0672542 hor j..Date K. Stearns City Attorney City Coenult Approval I Approval 7/181201 4 25 TITLE: SUPERVISOR: NO. SUPERVISED: NQRM8|H[)URS8NK.: SERVICE TYPE: CITY OF LEGAL DEPARTMENT CITY ATTORNEY KENA| CITY COUNCIL 1 40 EXEMPT GENERAL DESCRIPTION: The City Attorney is a department head position of the City of Kenai and is hired and supervised by the Kenai City Council. The City Attorney serves as the chief legal advisor to the City, and is responsible for providing legal services for the Cnuooi|. City Manager, City [}|edk, and all departments of the City. Responsibilities include planning, staffing and supervising the legal department to perform the day-to-day legal work of the City. Work 5 performed with lechnicaj independence subject to compYance with the law and review by Ibe courts. ESSENTIAL ]DUTIES 'AND RESPONSIBILITIES. 1. Advise the Council, City Manager, City Cerk, and other officers and departments of the City on legal issues pertaining to the City and in regard to their official duties and responsibilities. 2. Represent the {]h/ in matters, civil and criminal, coming before any court or administrative agency. This work includes legal proceedings from original matters before the trial court through appellate proceedings. Represent the City ruediatiVns.arbitrations, and goVernnn8ni8|adr0iniSkatiVeproceedings. � 3. Attend all City Council meetings and attend any work sessions as requested by the Gity Council or as otherwise helpfui to work of the City. Assist wit parliarnentariari duties as requested by the Clerk or the Council. 4, Draft and/or approve the form and legal sufficiency of contracts and other similar docurnents to which the City 15 8 party. 5. Draft ordinances and resolutions requested by the City {|uUn i|. City Council Members, the City Manager, and/or the City Cierk. 8 Furnish necessary legal certificates required by state and federal agencies. 7, Prepare and submit to the City Council and/or to the administration such reports and opinions as may be required or requested by that body or as the City Attorney may deem it advisabe to submit. Provide written quarterly reports to the City Council. Recommend for adoption by the Council such measures that may be necessary or expedient. B. Supervise the work of outside counsel or legal consultants retained by tbe City. Communicate with the Councii, Manager and/or Clerk regarding coordination af work of outside counsel. D. Participate in a wide range of activities related to risk management of the City. 10. Adminisler collection efforts by the LegaP Depariment. 11. Act as City prosecutor, prosecuting City citations for traffic offenses, animal control Ofhenaes, and other violations of City Cnde, appearing in court and filing appropriate motions tOdUso. 12. Supervise processing of traffic citations by the Legal Department, including maintaining historical database of citations and leading periodic collection efforts including electronic attachment of Permanent Fund Dividends, 13. Make presentations and provide legal training on variety of municipal legal rnatters (for example, Open Meetings Act, EEO compliance, elections law) to the City Council, boards, commissions, and/or Gity employees as requested by the CounciP or administration, 14. Train and supervise Legal Administrative Assistant. 15, Prepare and submit the annual budget request of Legal Departmerit. Identify and determine short- and long-term goals for budget planning and preparation. Monitor expenditures to maintain spending within allocated budaG], Review invoices and requesl payments for Department purchases. 16. Maintain strict confidentiality of privileged communications and information. Comply with privacy laws and regulations regulations and with all ethical and other ruies governing attorneys and regarding the practice of aw in Aaska, 17, Maintain department records in accordance with record retention schedule. Prepare reports for the variety of matters handled by the Legal Department. 18. Attend continuing education programs to maintain membership in good standing with the Alaska Bar Association and to be current on developing law relevant to all aspects of municipal law. 19. Performjob duties with minimal supervision. 20. Perform other work as assigned by the City Council, MINIMUM QUALIFICATIONS: The applicant must have at least five years of increasingly responsible legal experience with a broad range of public sector municipal law oxpehenoe, preferably in Alaska. The successful candidate will have a demonstrated ability to represent the Gity in a variety of compex legal areas (for example, public procurement, land use and zoning; real estate and contracts; construction; en1p(uynnent;adnniAis1raVYo;appellate; and public entity |am/) w/i|hnlininu6/ direction and supervision. 2. The applicant must have strong oral communication and interpersonal relationship skills, including the ability to establish and maintain effective working reationships with the City Cuunoi|, City Manager, City Clerk, department heads, other public officials, and the general public. The successful applicant must have the abiiity to communicate effectively both orally and in writing and have demonstrated skills in performing legal research, drafting briefs and other legal pleadings, and in making legal argurnents. 3. The applicant must possess good organizational skills and the ability to manage many complex tasks Sin0U|1anenux[V. 4. The successful applicant must be able to use a computer proficiently and have knowledge of gerieral Iaw office procedures. DESIRABLE QUALIFICATIONS: 1. Significant legal drafting experience, including with drafting real estate and professional services contracts, is highly desirable. 2 Dernonstrated ability to speak in pubflc and to use negotiating and campromising skills to influence results is preferred. 3 Familiarity with typical administrative and law office software programs (such as Microsoft Word and Outlook, West law, and Adobe products) will be helpful to the successful applicant. LICENSES AND SPECIAL REQUIREMENTS: 1, The applicant rnust have J|avv degree from an accredited college or univers Z The applicant must be admitted and eligible to practice law in Alaska or be eligible to obtain membership in the Alaska Bar Association by reciprocity or otherwise within three months of beginning emptoyment. ] The applicant must pass a criminal background chock, credit check, and other appropriate background investigations. 4. The employee must attend meetings at night and may occasionally be asked to attend other meetings and to respond to telephone calls and inquiries during times oulside of the riormal Gity business work hours. � The employee will be required to live within the City of Kenah WORKING ENVIRONMENT: The work environment is typicarly in an indoor office ancl community room setting, setting, adequately heated, Iighted, and ventitated, The City Attorney must attend public meetings, often at night and must occasionally travel to other areas in the community, particularly to other public office buildings including the courthouse. Some Iravel outside of the Gity s occasionally required, PHYSICAL DEMANDS: Whiie performing the duties of this job, lhe employee is frequently required to use hands and fingers dexterously (e.g.' operate oompdtec;, telephones, phVtVooperS' nniCn)fiCho, keyboards, scanners, and other general office equipment); to communicate orally in person and on the telephone; is regularly required to sit and stand. tor long periods of time; and is occasionally required to waik, stoop, crouch, bend, lift, and reach with hands and arms. Very occasionally, the employee may be required to exert up to 40 pounds offorce. Specific vision abilities required include close vision and the ability to adjust focus. The np|VVeo must be able lo hear and to talk and to communicate verbally in-person as well as an a telephone. MISCELLANEOUS INFORMATION: 1. The City of Kenai is an equal opportunity employer. Employment is based on qualifications free of personal and political considerations, with equal opportunity for aU, with no restrictions as to race, color, creed, religious affi|i8t|0nS, age, nationa! origin, maritai status, or sex. 2. The City does not discriminate against the qualified di bled in employment, Department ] Legal Department I City Attorney Revised No ��'/�� City Attorney Date .� �`� ' � }/pprnva| | | | ■ / Author K. Stearns | City Council � ^ =.p~`"' 29 /4 KEN114 ALASKA � , i �»^. 7��,, K// �� L� with �/7j—��/4�� 71OFide|g0 Avenue, Kenai, Alaska 99611'7794 Telephone: 907'283-7535/FAX: 907-283'3014 1 UX�y ][O: City Council FROM Rick Koch, City Manager DATE: July 12, 2012 SUBJECT: Request f Council Work Session The purpose of thk correspondence is to request that the Gity CouncU schedule a work session to discuss and identify capital project priorities based on appropriations received from the State of Alaska. Administration requests a meeting be scheduled during the week ofJuly 23-27, Thnk you far your attention in this matter. 30 the city q%. OEEHGI iYstu Suggested by Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2640 -2012 AN ORDINANCE OF' THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING, BARON PARK SUBDIVISION FIRE ADDITION LOTS A -1 -A, A -1 -13, AND THAT PORTION OF LOT A-1 -B BEING UTILIZED FOR A FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL (PARCEL #'s 04501019, 045010020, and 04501021)FROM EDUCATION (ED) TO LIGHT INDUSTRIAL (IL). WHEREAS, the City of Kenai as owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Education (ED); and, WHEREAS, the Zoning Code states that the intent of the Educational Zone (ED) is to provide for an area primarily of education and related uses such as schools, dormitories for educational purposes, parks and recreation, libraries and museums; and, WHEREAS, the City Administration has requested to rezone the lots from Education Zone (ED) to Light Industrial (IL); and, WHEREAS, the Zoning Code states that the intent of the Light Industrial Zone (IL) is to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property; and, WHEREAS, the Zoning Codes states that new residential use and other non- industrial uses, except as otherwise provided in the Zoning Code, are not permitted in the Light Industrial zone as principal uses because land classified in this zone should be reserved for industrial and commercial purposes, and because the Light Industrial zone is not suited to the excluded uses; and, WHEREAS, Lot A -1 -A is over 30 acres, is the largest parcel in the application to rezone, and was previously leased by the City of Kenai to the University of Alaska for use as the training site for the University's Mining and Petroleum Program; and WHEREAS, the University of Alaska no longer leases Lot A -1 -A; and, WHEREAS, the City initiated a subdivision to subdivide Lot A -1 -A to create lots for the new City shop and for the Dauhenspeck Family Park, and; WHEREAS, Lot A -1 -B is owned by the City and on it is constructed the Alaska Fire Training Center, also commonly known as "the Beacon Building :" and, 31 Ordinance No. 261O-20I2 Page 2 of 2 WHEREAS, the City has a facility ouuz)a�ux�rxtvgnecuzeotfor the Alaska Fire Training Center (Center) with Beacon Occupational Health 8z, Safety Services (Beacon) arid Beacon manages and operates the Alaska Fire Training Center and provides education and training and other occupational health and safety services to business and industry at the Alaska Fire Training Ceriter; and, WHEREAS, YI}oxcmno�o�o<a��nuO�rnwv�fb�nt�oC:otrruodsimilarly �dunUl pror�n office space for Homer Electric Association and Hilcorp Energy in the Center; and, WHEREAS, the existing and proposed uses on Lots 8'1'6 and 8-1-8 are consistent with the purposes and intent of the Light Iridustrial Zone; and, WHEREAS, the 2003 Comprehensive Plan defines Industrial Land Use as, "the Industrial district identifies areas reserved for manufacturing, warehousing, trucking, nuarioc'rc\u1rdiodoohy,xtn/agc.uodniozUorioduotrialacdvi6ru;ot*tcotbu1Cky utilities and safe, convenient vehicular access is critical to this district; and further states that buffers between industrial uses and adjacent non-industrial uses are dcxizablc;''and, WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City and identifies the need to preserve existing best-located industrial-zoned tracts for future industrial uses; and, WHEREAS, the 2003 Comprehensive Pian provides policy guidelines to consider when zoning land for industrial uses including: whether there is adequate access to collector or arterial level otccctu, adequate public services, whether the zoning will to minimize potential conflicts with adjacent non-industrial uses, and whether the zoning will rninirnize potential hazards from proposed industrial uses; and, WHEREAS, Lots 8`1-& and /\-l~B are located off Marathon Road, which provides adequate access to the Lots; are served by City water and sewer; and are separated from the closest residential area by an adjacent tract of land zoned Conservation; and, WHEREAS, the proposed rezone would designate additional property in an area of concentrated industrial development and will enlarge an adjacent district boundary; and, WHEREAS, the rezone rneets the requirements ofKMC 14.20270; and, WHEREAS, rezoning the property to Light Industrial (IL) is consistent with the 2003 Conprehcnsive Plan; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light Industrial zone (IL); and, WHEREAS, on June 27, 201£/ the Kenai Planning and Zoning Commission voted unanimously to rezone the lots to Lighl- Industrial (Ili.), Ordinance No, 2640-2012 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning Map is amended by rezoning the parcel shown on Attachment A from. Education (ED) to Light Industrial (IL). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 2012. AT`I'EST: Sandra Modigh, City Clerk 33 PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: September 1, 2012 Proposed ReziL..--we - rt ■■■ Len end c•nservatiort General Commercit: Rural Residential Hesidential 2 Limited CommeT;; Light Industrial urai Residential 1 .::an ,.:esidential 'Dental P xed - Heavy Industrial Hut u -den Resider el Fstoric Townsite Recreation 34 E-uLan Resider, 1 Education To: Planning & Zoning Co Date: June 13, 2012 is ion Res: PZ12-16 GENERAL NFORNIATION Applicant: Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283-7535 Requested Action: Legal Description: Street Address Rezone — Education to Light Industrial Baron Park Subdivision Fire Addition Lots A-1-A, A-1-B, and A-1-B That Portion being Utilized for a Fire Industrial/Structural Training School. Including the following parcels: KPB Parcel Legal No, i 400 Marathon Road 450 Marathon Road 355 Magic Avenue 04501019 04501020 04501021 Baron Park Subdivision Fire Addition Lot A-I-A Baron Park Subdivision Fire Addition Lot A-1-B Baron Park Subdivision Fire Addition Lot A-1-B That Portion being Utilized for a Fire industrial/Structural Training School Existing Zoning: Education Current Land Use: Industrial — Fire Training Facility & Daubenspeck Family Park. Land Use Plan: Central Corrunercial ANALYSIS General Information: This property includes three parcels owned by the City of Kenai. The City is proposing a rezone of the property to match the existing use and future proposed development. A portion (Lot A-1-A) of the property was previously leased by the University of Alaska and used to provide training for the University's Mining and Petroleum program, The university no longer leases the property. The Fire Training Facility is located on Lot A-1- B, The Fire Training Facility houses the Beacon Occupational Health & Safety Services. Beacon provides a variety of support services to business and industry. The City of Kenai also leases office space to other businesses in the Fire Training Facility, The City is in the process of subdividing these properties. Parcels will be subdivided for the City's new shop building and the Daubenspeck Family Park, All existing and future proposed uses are permitted in the Light Industrial zone. During the subdivision process, right-of-ways 35 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI2 -16 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED 13Y NAME: Rick Koch, City Manager, City of Kenai LEGAL: Baron Park Subdivision Fire Addition Lots Al -A, A -1 -B, and A -1 -B That Portion being Utilized for a Fire Industrial /Structi a alool includin; the followin• .arce Street Address 1 KPE Parcel Legal No. 400 Marathon Road 0450101 9 450 Marathon Road 04501020 355 Magic Avenue 04501021 on. Park Subdivision Fire Addition LotA -1 -A aron Park Subdivision Fire Addition LotA -1 -B on Park Subdivision Fire Addition LotA -I -B That Portion being Utilized for a Fire Industrial /Structural Training School WHEREAS, the Commission finds the following: 1. The subject properties currently zoned Education 2. The present land use plan designation is Central Commercial 3. The proposed zoning district is Light Industrial 4. The proposed land usee plan designation Central Commercial 5. An appropriate public hearing as required was conducted June 27, 2012 6. That the following additional facts have been found to exist: a. The proposed rezone will meet existing and proposed future uses, b. The proposed rezone meets the requirements of:KMC 14.20.270(2). c. The proposed rezone conforms to the Comprehensive Plan. 7. Applicant must comply with all Federal. State, and local regulations, NOW, THEREFORE BE IT RESOLVED, bythePlanning and Zoning Commission of the City of Kenai that the petitioned REZONING of a BARON PARK SUBDIVISION FIRE ADDITION LOTS A -I-A, A -1 -B, AND A -1 -B THAT PORTION BEING UTILIZED FOR A. FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL is hereby recommended to the Kenai City Council, PASSED BY THE FL G AND ZONING COMMISSION OF THE CITY iz KENAI, ALASKA, June 27, 20 CHAT ERS€N:' 36 z Village with a Past City with a Fctturell 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283--7535 / Fax: 907-283-3014 www.ci.kenai.ak.us 7 REZONING APPLICATION 1992 PETITIONER Rick Koch, City Manager, City of Kenai 210 Fidalgo Avenue ADDRESS Kenai, AK 99611 PHONE LEGAL DESCRIPTION PRESENT ZONE 283-7535 Baron Park Sub Fire Addition Lots A-1-A, A-1-B, and A-1- B That Portion being Utilized for a Fire Industrial/Structural Training School KPB Parcels: 04501019, 04501020, 04501021 Education PROPOSED ZONE Light Industrial Intended Use andJor Reason for Rezoning: Ownership and use no longer matches Education Zone. Section 1410.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map, PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS, 1. 6/5/2012 Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition hearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Horne Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to he 37 rezoned contains a minimum of one (1) acre (excluding street or alley right-of- way) unless the amendment enlarges an adjacent district boundary. 3 /A A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required, A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature REZONING CHECKLIST: 6/5/2012 a. MAP b. SIGNATURES c. DEPOSIT/ADVERTISING FEE ($125 sales tax) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING 38 y of Ke _ Proposed Rezone • - . 39 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2641 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE PARK IMPROVEMENTS CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS IN MUNICIPAL PARK. WHEREAS, Alaska Public Entity Insurance (APEI), the City's insurance provider has a $10,000, matching grant program for the purchase of improved playground surfaces that reduce injuries; and, WHEREAS, the base bid for Municipal Park Improvements included $29,930 for installation of an engineered wood fiber surface that qualifies under the APEI program; and, WHEREAS, installation of an improved surface will reduce the potential for injury and is in the best interest of those who will utilize the park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Park Improvements Capital Project Fund Increase Estimated Revenues: Other Grants Increase Appropriations: Construction $10,000 $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012, ATTEST: andra Modigh, City C Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text_ Underlined; [DELETED TEXT BRACKETED] 40 fAr u N tAiz/ t, K MIALASKA 0: e with a Past, Gi y with a Filttiri 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 TO: Rick Koch, City Manager FROM: Robert J. "rates, Parks & Recreation Director DATE: July 11, 2012 SUBJECT: Alaska Public Entity Insurance fAPEI) Playground Surfacing Grant ksa 9111 ,g2 The purpose of this memo is to recommend adoption of the Ordinance authorizing an increase in the estimated revenues and appropriations by 510,000 in the Park Improvements Capital Project Fund. The City applied for and was approved fora reimbursable grant through Alaska Public Entity Insurance (APE]) for playground safety surfacing. It is the City's intention to utilize this grant for the purchase and installation of engineered wood fiber for the Municipal Park Improvement Project. The base bid included $29,930 for acquisition and installation of the engineered wood fiber. The engineered wood fiber will provide optimum fall safety and meetwheelchair accessibility requirements. 41 !kc dry KINALALASKA Suggested by: Administration CITY OF KENAI ORDINANCE Na 2642 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $61,566 IN THE GENERAL FUND CITY MANAGER AND PARKS DEPARTMENTS FOR THE RECEIPT OF A GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES DURING THE 2012 PERSONAL USE FISHERY. WHEREAS, the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring during the 2012 Personal Use Fishery; and, WHEREAS, monitoring will he provided through a cooperative agreement with the Kenai Watershed Forum; and, WHEREAS, bacteria levels during the Personal Use Fishery elevated levels that could pose a health risk to the fishe residents utilizing the beach; and, the past have tested at participants and City WHEREAS, it is in the best interest of the City to monitor the bacteria level on its beaches to protect its visitors and residents from potential dangers caused by the waste generated by the Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants 66 Increase Appropriations: City Manager - Wages $ 3,078 Parks — Professional Services 58,488 $61,566 New Test Underlined; IDELETED TEXT BRACKETED) 42 Ordinance No. 2642-2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined; []DELETED TEXT BRACKETED] 43 KENAI, ALASKA Past, �� i//aae��ith a��t City a� Future' 71[)Fidu|g8 Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907`783-3014 T(}: City Council FROM F(tck Koch, City Manager DAUF�: July 12, 2012 SUBJECT: Ordinance 2§42-2812,A[}EC Grant for Bacteria Level Monitoring in the Kenai River The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. This action provides for the appropriation of funds to support testing for coliform and enterococci bacteria in the Kenai River during the Personal Use Fishery by the Kenai Watershed Forum (KVVF). Throughi a cooperative agreement the majority n/thefundingvvi||bepossed1h/oughLothe KWF. This mirrors a previous process utilized in 2011. Thank you for your attention in this matter. 44 t the city el K AL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2643 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS 13Y $4,960 IN THE GENERAL FUND PARKS DEPARTMENT FOR AN INCREASE IN A PREVIOUSLY AWARDED GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES PRIOR TO THE START OF THE 2012 PERSONAL USE FISHERY. WHEREAS, the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring during the 2011 Personal Use Fishery and has amended that grant to include testing prior to start of the 2012 Personal Use Fisher; and, WHEREAS, this additional testing will be provided through a cooperative agreement with the Kenai Watershed Forum; and, WHEREAS, testing prior to the start of the fishery will help determine the bacteria level increase resulting froni. the 2012 Personail Use Fishery; and, WHEREAS, elevated bacteria Levels could pose a health risk to the fisheries participants and City residents utilizing the beach and it is in the best interest of the City to monitor the bacteria level on its beaches to protect its visitors and residents from potential dangers caused by the waste generated by the Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that FY 12 estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $4,960 Increase Appropriations: Parks - Professional Services $4,960 New Text Underlined; [DELETED TEXT BRACKET 45 Ordinance No. 2693-2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined, {DELETED TEXT BRACKETED; 46 � � 71~.^ 7�- �� /�� a �^��/ [/�� [�� /7/-l� ~ / 210FM8|gAAvenue, Kenai, Alaska 00611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 TO: CitVCoWnCii FROM: Rick Koch, City Manager " I. ' DATE: Ju!y12`2U12 SUBJECT: Ordinance 264]`3@1J!'A0EC Grant for arteria Level Monitoring ik the Kenai River traZg 1992 The purpose of this correspondence is to recommend Council approval of the above referenced ordinerice. This acton provdes for the appropriation of funds to support testing for coliforrn and enterococci bacteria in the Kenai River during the Personal Use Fishery by the Kenai Watershed Forum KWF). This appropriation provides funding for additional testing under the 2011 agreernent so that baseline sarnplirig couki be performed in advance of the 2012 Personal Use Fishery. Thank you for your attention in this m er. 47 NINA SKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2644 -2012 AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,500 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education &, Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library - State Gran ts $6,500 Increase Appropriations: Library - Books $6,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined', (DELETED TEXT BRACKETED] 48 Ike ciyaf KENAI, MIISLI Village with a past et with a Fu 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 I FAX: 907 - 283 -3014 v: TO: Rick Koch ;FROM: Mary Jo Joiner DATE: July 10, 2012 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,500 is to be used for the purchase of books and should be deposited in account 001- 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements, number of hours that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements_ 99 APPR CITY OF KENAI PLANNING & ZONING COMMISSION JULY 11, 2012 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, H. Knackstedt, K. Koester, K. Peterson, P. Bryson Commissioners absent: C. Smith (excused); J. Rowell Staff /Council Liaison present: City Planner M. Kebschull, Planning Assistant N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall A quorum was present. Agenda Approval Twait noted the following changes to the agenda: ADD TO: 1 -e. Excused Absences Commissioner Rowell ADD TO: 9 -a. Co anvil Report Action Agenda of July 10 Council Meeting MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Bryson SECONDED the motion. There were no objections. 'SO ORDERED. 1 -d, Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO Or IWERED, 1 -e. used Absences Clifford Smith James Rowell (added at start of meeting) 50 Approved by consent agenda. *Ail items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES 2 -a, June 27, 2012 June 27, 2012 Work Session Summary (information Only) Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT 3 -a. Dorothy Gray, Holy Assumption Virgin Mary Russian Orthodox Church - Preservation Grant - Project Update. Ms. Gray reviewed a summary of the project included in the packet, noting the outbuilding would include a mechanical room, public restroom and gift shop. 4. CONSIDERATION OF PLATS -- None. 5. PUBLIC HEARINGS -- None. 6. UNFINISHED BUSINESS Discussion /Recommendation -- Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (R52), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597-2071 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process,) City Planner Kebschull reviewed her memorandum included in the packet. MOTION: Commissioner Koester MOVED to request Council postpone action on Ordinance No. 2597 -2011 to an undetermined date to provide time for completion of the comprehensive plan review so that recommendations from the implementation plan can be considered prior, to recommending an amendment. Commissioner Peterson SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JULY 11, 2012 PAGE 2 51 VOTE:MOTION PASSED UNANIMOUSLY. e. NEW BUSINESS -- None, P. PENDING ITEMS -- None. 9. REPORTS 9 -a, City Council -- Mayor Porter reviewed the July 10, 2012 Council meeting. Borough Planning -- No report. 9 -c, Administration -- Kebschull reviewed the Quarterly Reports included in the packet, noted receiving a grant to attend training in Spokane, and reported construction would begin on the utilities for the Denaina Health Clinic this summer. 10. PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue -- reported public participation was not easy during the work sessions_ INFORMATION ITEMS PZ12 -18 - Landscape /Site Plan - Quick Lane - 250 Airport Way Planning & Zoning Resolutions 2nd Quarter 2012 Code Enforcement 2nd Quarter 2012 Building Permits 2nd Quarter 2012 12. NEXT MEETING ATTENDANCE NOTIFICATION 12-a. July 25, 2012 No commissioners requested an excused absence from the July 25 meeting. 13. COMMISSION COMMENTS & QUESTIONS -- None, 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7 :26 p.m. Minutes prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 11, 2012 PAGE 3 52 To: Rick ch, City Manager "Villa e with a Past, GEIy with a Fistisre" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 9 07- 283 -7535 ext 221 / FAX: 907 -283 -3014 From: Terry Eubank, Finance Director Date: July 10, 2012 Re: Kenaitze Indian Tribe Health Center The purpose of this memo is to inform Council of discussions that have taken place with the Kenaitze Indian Tribe (the Tribe) regarding financing of its proposed health care facility within the City. The Tribe has secured financing for approximately 520 million of the estimated 535 million in construction costs for the new facility and is seeking options for the remaining 515 million. Options discussed with the Tribe have included City participation as a conduit for lax exempt financing, City issuance of General Obligation Bonds, and. City issuance of Revenue Bonds. These options are discussed further below. Tax Exempt Conduit Financing Tax exempt, conduit financing would allow the Tribe access to tax - exempt interest rates at no risk to the City. This type of financing does not enhance the credit worthiness of the project, and the Tribe's legal status allows it access to tax- exempt financing without the City's assistance. For these reasons, this option was eliminated from further consideration. General Obligation Bonds issuance of General Obligation Bonds, pledging the City's full faith and credit, by the City would assist the Tribe in two ways. First the City's pledge of its full faith and credit would switch the financial analysis from the merits of the project to the financial ability of the City to repay the bonds. The City's financial position and taxing authority would become the focal point for lending decisions rather than the ability of the project to repay the debt. Secondly, and most importantly, issuance of General Obligation Bonds would provide credit enhancement for the Tribe because the bonds would most likely be issued through the Alaska Municipal Bond Bank (AMBB). Debt issued by the AMBB receives the State of Alaska's credit rating in the bond market, currently AA. AA rating is significantly higher than what the Tribe could achieve on its own and would significantly reduce its financing cost for the project. 53 Issuance of General Obligation Bonds would require approval from the City's electorate and because of timing this would likely he via special election. The Tribe is working on a proposal to the City that would outline proposed contractual protections the Tribe would provide to the City in exchange for the City's participation in the issuance of Bonds. issuing General Obligation Bonds will preclude the City from eliminating all risk in the transaction. Revenue Bonds The issuance of Revenue Bonds by the City was also discussed. Like General Obligation Bonds, the primary benefit of Revenue Bonds is credit enhancement. Revenue Bonds would likely be issued through the AN1BB and receive an AA rating in the bond market. The main difference of Revenue Bonds is the financial analysis by the AIv4BB would focus on the project's ability to repay the debt, Revenue Bonds would not require pledging the full faith and credit of the City (full faith and credit implies the City's ability to tax) but risk would still exist to the City because all debt issued through the AMBB requires the borrower to sign a revenue intercept _provision that allows the AMBB, in the case of default, to seize any and all State revenue of the borrower for repayment of the debt. Section 6 -3 of the City's Charter provides for the. issuance of Revenue Bonds without a vote of the electorate when certain conditions are met. With the concurrence of the City's Administration, the Tribe requested a legal determination from the City's Bond Council to see if the propose project met the conditions eliminating the requirement for a vote of the electorate, In the opinion of the City's Bond Council, issuance of Revenue Bonds for this project could take place without a vote. The Trihe is working on a proposal to the City that would outline proposed contractual protections the Tribe would provide to the City in exchange for the City's participation in the issuance of Bonds. The AMBB's revenue diversion requirement will preclude the City from eliminating all risk in the transaction. All State revenue to the City could be seized in the event of default What's nest? City Administration is waiting for the Tribe's proposal on how it would like to proceed, and any contractual protections t would offer the City. Once received, the administration will review the proposal and make a recommendation to Council of how to proceed. The administration's review will attempt to identify all potential risks to the City and any contractual provisions offered by the Trihe to reduce or eliminate the risks. Until the Tribe provides a proposal it is impossible to quantify the risk for the City. A work session would likely be requested with Council in connection with the administration's recommendation. The City is an excellent option for the Tribe to reduce its cost of borrowing for this project. Actual savings will depend upon the actual interest rate of issued debt compared to what is being offered to the Tribe from other sources, but it is safe to say the savings could be millions of dollars over the life of the financing. Cc Kenaitze Indian Tribe 54 Village tvi� ,4 a Past, / with a Fa/- yeX 210FiU@lgDAvenue, Kenai, Alaska 996117794 Telephone: 007-283'7635/FAX: 907-283-3014 TO: City Council FROM: Rick Koch, City Manager DATE: juiy1J,2O12 SUBJECT: City Manager's Report, Planning Cornmission Training Ltd LOW 1992 The purpose ofthis correspondence is to inform the Councfl that it is Administration's intent to issue Purchase Orders to provide for training for Planning Commissioners during the a conference sponsored by the American Planning Association. The conference is scheduled for November 11-13. The CounciF has been supportive of training for Commissioners and Adrninistration beheves this to be a useful and appropriate training opportunity. The total estimated cost for travel, lodging, per diem, and registration is approximately $6,000, At this juncture, all of the Planning Commissioners have expressed a desire to attend the training. Please finci attached a memo from the City Plariner to the City Manager. This specific expenditure is not provided for in the FY 13 budget. in the past account no. 4533 in the Legislative budget has been utilized for simHar training opportunities. The total avallable funding in this account is $9,850 which provides funding for Council travel arid newly elected officials training. The total cost for this training wil( be less than the $6,000 estimate if all seven ofthe Planning Commissioners do not attend the training, En the event there 5.2 shunKa||in{heacce"nt|ator in the year, Administration will be able to facilitate a budget transfer into the account. If this does not meet with the approval of Council pEease let me know at your convenience, Thank you for your attention in this matter. cc Sandra CjiudiX6. City Clerk Marilyn Kebschull, Planner 55 'W/aye with a Past, 645J with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 MEMO: ) TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Adminstration DATE: June 28, 2012 SUBJECT: Planning Commission Training 1992 The Alaska Chapter of the American Planning Association is sponsoring a conference in Anchorage this fall. The conference is scheduled for November 11 — 13, 2012, at the Hotel Captain Cook, The Association has reserved a block of rooms at a discounted rate. Because the conference is being held in conjunction with the Alaska Municipal League conference, there is a concern that hotel rooms at the conference hotel may be limited. Based on preliminary information, the estimated cost per Commission to attend the three-day conference is: Transportation (air or private vehicle): $150.00 Hotel: $300.00 Perdiern: $150.00 Registration: $250.00 Estimate: $850.00 (Per Commissioner) The Commission discussed the training opportunity at their meeting on June 27th. All of the Commissioners are interested in attending the conference. The estimate for 7 Commissioners to attend the training would be $5950, The Commission would like to request funds from Council to attend the training. 56 q EP A C1�etnhe aph,rr f EtC,, A /LASKA ANIMAL CONTROL MID -MONTH REPORT 2012 2011 IMPOUNDED 82 86 Dogs Cats Other Species 50 37 31 45 1 4 RELEASED BY OWN/ 70 46 Dogs Cats Other Species 34 25 34 21 2 0 D.O.A. ti Dogs Cats Other Species IOTA iALS 5 8 0 4 i 0 158 144 Ku o Total Dogs Total Cats Total Other Species orough Animals 48 57 89 70 65 70 4 4 Community Involvement Projects: 6/6/2012 Peninsula Community Healt 6/23/2012 Peninsula Community Health 6'20/2012 Peninsula Community Health 6/27/2012 Peninsula Community Health June 2012 ADOPTED Dogs Cats Other Species CLAIMED Dogs Cats Other Species EUTR.ANIZED Dogs Cats Other Species Other Dispositii Field investigati Volunteer hours Total phone Kennel Permits s 6th grade held trip Services 5 111 grade field trip Services pre - school field trip Services 4th grade field trip 57 2012 2011 74 58 49 27 22 25 3 2 26 20 22 18 4 0 0 2 13 17 38 37 0 0 0 123 118 143 194 626 630 0 0 Kc (gip y'� r� K Nh[, ALA Kg V To: Rick Koch, City Manager From: Jtachaei S. Craig, Senior Center Director Date: July 3, 2012 Total June Meal Count 2012 Served: Total Congregate Meals Served: 1,404 Total Home Meals Served: 1,716 Total June Meal Count 2011 Served: Total Congregate Meals Served: 1,327 T`ottal home Meals Served: 1,779 During the month of June the senior center was The volunteers provided 622 service hours. KENAI SENIOR CENTER JULY REPORT ted four times this month The Senior Farmer's Market Nutrition Program has began. This is a federal program where the senior center partners with the food hank to qualify low-income seniors with a $24,00 coupon book. Each coupon is worth $5.00. The participant is able to purchase fresh fruit and vegetables at various local, farmers `market. This program encourages seniors to purchase local fresh fruit and vegetables from the various local farmers with the goal of the senior improving their health and nutritional_ status. Lynda Smith, one of our seniors and 3e nie Long, the MASST supervisor presented "An Artsy Eartsy Moment" at the Kenai Fine Arts Center. A few seniors participated in the gala opening. The highlight of the month was the Area-Wide Peninsula Senior Picnic held at the Kenai Park Strip. There were 215 seniors present. Each senior center provided food, Grandma's Hope Notes entertained and the Kenai Senior Center provided the grill and grillers for the dogs and burgers, "Grandma's Hope Notes" received donations for door prizes that were given away at the end of the event to the seniors. The National family Caregiver Support Group met at the senior center. The training was entitled, "Well into Your Future: Alzheimer's and Dementia: Caring' for the Caregiver." This program presented examples of caregivers who have learned to cope effectively with stresses, restore balance in their lives while caring for their loved. one. There were 10 people present at this support group, It meets monthly at our senior center and there is a different topic each month. It provides an avenue for discussion of problems that relate to caregivers and the difficulty that arises being a caregiver and how to cope. 58 tAt./LI/9 KEN Itk POLICE DEPARTMENT MID-MONTH REPORT June 2012 TO: Rick Koch - City Manager FROM: Gus Sondah! - PnhceChie �- DATE: 7/11/12 SUBJECT: Police & Communkatjons Department Activity - Month of June 2012 Poce handed 661 calls for service (down from 8gJinJvnu201l). The [Hnpatch[�en[cr received 206enoergoncy!311 phones). Communications personnel handled 3.255 administrative phone calls. Officers made 53 arrests and wrote 231 reports. Traffic enforcement resuited n 198 warni s ' 4bxpeedingdckets,22neaibe|tUuketn.22oiiatinnn/uraquipnen1vio|adnns,and51 ohoh-~ fur"other"iraM|cvioiaUooc.Thenamere4DU|arresLs(8fe|ony). Pouce investigated 8 vehicle crashes, None af the crashes invclved moose, None ot the crashes were QU|-reiated. On June 4, the remaining three temporary enforcement officers (TE0s) started work for the Police Department. All are returning veterans from Iast year. On June 8, Officer Hamilton successfully completed a two week firearms instructor course at the Snowshoe Gun Club. On June 9. five police officers, one temparary enforcement offioer, and lhe Boys and Giris Cub athletic director facilitated a Police Athletic League flag football tournarnent at Kenai Central High School. The teams consisted of boys and girls entering the 5th or 6th grades. The volunteer officers were referees, cooks, and coaches. This was a fun, worthwhile event for all involved. On June 12, most officers participated in Simmunitions training at the Kenai Police. Department. On June 26, Officer Ezell traveled to VVasilla for a 3-day Crime, Scene Investigations course. On June 26, most City personnel involved with the dipnet fishery attended an operations rneeting at me Kenai Library, Five officers participated in other one day training events in Anchorage this month. /he thy cif KEMALALASKA PUBLIC WORKS DiRECTOR CAPITAL PROJECTS MANAGER JULY 2012 MID-MONTH REPORT TO: Rick Koch, Gity Manager FROM: Sean Wedemeyer Pub!ic Works Director/Capita Projects Manager DATE: July 11'2812 SUBJECT; Mid ' Month Report; Pub(icVVorko/ Capital Projects Public Works: o The Streets Department is grading gravel roads, ptacing dust control, repairing signs, sweeping dust and gravel from streets. painting traffic markings and parking lots, and working at the dock. The Personal Use Fishery (Dipnetting) has begun and will continue through the end of July. Status of P jecto: • New Maintenance Shoo 35% Design — Shop Foreman and Public Wor}zs Director wilt meet with the Architect on Juiy 1 3tb to participate in the design charrette. w Dock Pile Repair and Cathodic Protection — Closeout in progress. * Siemens Energy Audit —1ODY6 Investment Grade Audit (|G/\ under review, • Leif Hansen Flower Beds — Awarded to B&B Landscape. Work to start this • Municipal Park Improvements - Project awarded to Peninsula Construction progress. * Kenai Industrial Park — Project delayed due tn the results of a USAGE dete/minukiun.Engineerdireded \n perform a full wetlands delineation. ° V?ntaqe Point Flood Repair - Work cornplete. O!oseout in progress. • Water Treatment Faoility - Startup in prcgress, 60 art in August. Contract execut{cn in preliminary jurisdictional At the Fire Station o:.. the department pm. • in the river is terri:,:, ;:.. water rescue technique, .r Additi ti owner wno Careful coo die.. of 60 peg • • was •: July t°< :, Command. o be on train ing water rescues. C ws havit. ad li£f:rent strate , . our first 1i.e :olish hoe:.: he usc; caor:::u :r multiple DEPARTMENT MID -MONTH REPORT Juiy 2012 Late last month all crews were cut o the river operating ii:;rization of the h::•at :'.::c: ; roper operations ...• Daubenspeck pa pond to hone w:lbec ._crtrar:.dor. We are ';iari : ir:•.alvedwith Kenai Peninsula C.'h:•.:: hos, et;La C.. Seat Checks at the Fire station. Than dedicatic :.:;. that program. rking closely with a property on : for training purposes. . ::nt safety preparation led to a ere in attendance and a total tr<r: 'ing c hat ons and their Paramedic Ride a long ^rn ran and continue to :o Firefighter Coots and Firefighter :.:.hl for their 61 KEW\y/ ALASKA KENAI COMMUNITY LIBRARY MID -MONTH REPORT JULY 2012 June Circulation Figures Adult Fiction Adult Non-Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non - Fiction Easy Fiction Easy Non- Fiction Interlibriar- Loan 1,844 Internet Access i,63i 1,580 421 Video 2 242 Room flookine 94 739 Music 68 359 DVDs 2,982 1.,726 Audio books 234 399 Miscellaneous 260 40 Computer Programs 9 Total Print 7,350 Total Non -Print 5,279 1 Total Circulation 12,629 In-House circulation 497 Library Door '.C.ount.,..... 8,748 Downloadable Audio 334 Downloadable EBooks 340 We wet eeiosed J inune 2011 for 2 weeks and for 3 weeks in. June 2010 making any comparison of figures meaningless. In June we had 3 volunteers who worked putting in a total oP 19 horns. There were 13 Children's programs with 352 total attendance and 5 adult programs with 38partticipants. We hosted a very special story hour with Senator Mark Begich on June12 with approximately 60 people in the room including children from Kenaitze Head Start. The other libraries online. included Craig, Eagle, Homer, Hollis, Unalaska and Wrangell. Inter Library Loan logged 41 orders with 36 items received, 33 returned and 10 items ientby our library to other ir wary Cards :issu.d June JUNE Income Fines $ 1,34147 Xerox 99,75 Lost/Damaged 219.79 Test Proctoring Fee 60.00 Printing 360.00 Other 60.00 Total income 01 62 Anchor Point 1 Honer 1 Kasitof 9 Kenai 71 Nikiski 8 Niniiehik 3 Non. Resident 19 Seward 1 Soldotna 52 Sterling 2 Organization & Other 11 Tota I 178 Airport Improvement Program: July 201,2 �~,» ~.�,~- oft Manager's Report Master Plan — Phase 1 report which includes Existing Airport Conditions, Aviation Activity Forecasts, Airport Sustuin6bi|ity, Terminal Building Surveys and the Aeronautical Survey Plans is complete and has been submitted for final City review and submittal to the FAA. Phase 2 has started which includes Facility Requirements, Alternatives and Environmental Conditions and Impacts. Phase 2 is expected t0 be ready for review in the fall. Tree Obstruction Clearing Project: The project continues to be adve advertised through July 15 with the bid opening on July 17, 2012. Runway Safety Action Meeting: The Kenai Air Traffic Management and the FAA Runway Safety Action Team held the annual meeting on May 30, 2012. The meeting was well attended and discussions led to only two recommendations for operational safety; addition of one sign at the G8|[ Alpha, and Foxtrot intersection to reduce the possibJlity of confusion as pilots approach TW Golt, and repair the gaps in the fence inc in the TW GoIf GoIf area (this has already been repaired). In-house P j8Cts� Airfield maintenance: Runway & taxiway pavement cracksealing mowing, aaie& fence repair, & screening of sand Beautification p |ac1s: KEN/\ sign p jeCt,repl@Ceviny|0n stairs to terminal 2nd floor rop|aoe\ernnina|wntr8nCeduo/s,&uSpha|\r8pairinpa/king|8tS. June 2012 Enplanernents 5,752 ,V:mase•S'ItafrAtrAn• 71.83% Eritc GRANT Month AMATION AVIATION Change Total 2011 from 2011 5(5555! Combined AVIATION Month Total 1January 5.436 2,179 7,615 1 6,782 833 1 171 7,786 1February 7 5.308 2,190 1 7,498 6,698 800 i 158 7,656 1 Marco 1.. 5,294 2,231 7.525 7193 332 i 192 7,717 lApril 4,878 2,092 6,970 6,609 361 1 194 7;164 I May 6,162 2,339 8,491 6.971 1,520 ' 312 8.803 Juno 5,752 2.256 8,008 7.659 349 323 8,331 1,;u61 7 10,676 August 10 402 I September 7,896 I Octooer 8,142 !November 7.517 , IDecember 7,465 Totals 32 . 350 13.287 46,107 947110 4,195 1 '',35U 47,457 Terminal - Vehicle Parking Revenues June 2011 814,849 2012 $14,202 --ev-ku Vehicle Parking Revenues 27500 25000 20000 17500 15000 12500 10000 7500 .t, 5000 4 2500 i „ , :„. 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Aar May Jun 64 FY11 v. FY12 FLOAT PLANE 200 1 **ie ASIN ACTTVETY 2012 PERATIOWS Month 2012 2011 2010 2009 2008 APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Total 0 0 12 49 10°9 1 118 J 0 18 66 149 135 170 190 118 162 228 242 242 124 192 278 192 86 83 146 119 56 20 68 48 Closed Closed Closed J Closed 161 612 802 1042 i 785 not reported — ----------------------- --...—t------. FUEL SALES Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER Total ■24 5,10. 1.004 MVO+ mm. hay sem. 2012 3292 $3,206 53,49 sm. mem arxer •■■= Own mwo yaw opts Si. moge Slips Rented Private Commerical Basin opened no May 23, 2012 2011 2010 1 2009 $150 $5211 $368 52.558 52,0271 $2,714 54,421 $3,8701 52,815 53,535 52.497 53,390 52,211 51,447 52,498 5576 341 3642 513,451 10,405 112,427 65 8 0 Rev 6/20D8 2008 5561 $3,443 53,252 33,506 51,735 5100 $12,596 FINANCE DEPARTMENT MID-MONTH REPORT To: Rick Koch, City Manager /' ', From: Terry Eubank, Finance Director Date: July 18'2012 Re: Monthly Report July 2012 With the completion of the budget the departments focus has switched to closing VfFY12and cornpletion of the City's Comprehensive Annual Financial Report, ThiSproco*sindudonc|OSiog0f<heFY12 financial records, fisca year end grant reporting and finaily financial staternent preparation. Jhe annual audit is scheduled for the week of October The 2017 Personal Use Fishery commenced today requiring daily staff time reconcilirig receipts from the fishery. Discussions have taken place with the Kenaitze Indian Tribe in regards to assistance lhe Gity may provide in financing their planned heaith care facility, A memo is included in the packet explaining the topics discussed as m/e|i as the current status of those taiks± The |T Manager has been extremely busy with projects fordatOoen&erUpgradeu. phone system upgrades, water treatment control integration, and daily tasks in maintaining the City's |Tinfrastructure. MO: ffaye with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 Tat FROM: Marilyn Kebschull, Planning Administrate DATE: July 6, 2012 SUBJECT: Comprehensive Plan [Update Status Rick Koch, City Manager The following provides an update on the Plan: a Background Report - The Planning and Zoning Commission completed the initial review of the draft report. The draft report is available on the City's web page. • Implementation Plan —The Commission began reviewing the Implementation Plan on tune 27t1r. The Commission will continue the review at a work session on July 1111'. • A public meeting will be held after the Commission completes their review of the Implementation Plan. It is anticipated the meeting will be held in late sunmter /earlyfall • Work is continuing on formatting of the final document and maps. 67 PZ Resolutions Second TYPE OF PERMIT Landscape /Szte Plan Preliminary Plat Rezone Variance uarter 2012 201214 Impound Storage Yard 201217 Stanley Ford • Quick Lane 201211 McLennan Estates 201212 Windhaven Estates Tappley Addn. 201213 Original Townsite'of Kenai. Smith Replat 2011215 Carl F. Ahlstrorn 50.2012Reptat& Utfitty vacation 201215 Baron Park 2012 Addition MEETING DATE ACTION 5/10/2012 Approved 6/21/2012 Approved 4/25/2012 Approved 4/25/2012 Approved 4/25/2012 Approved 5/23/2012 Approved 6/27/2012 Approved 201209 CG & IL to CG 4/11/2012 Approved 201216 Education to Light Industrial 627/2012 Approved 201210 Roof Sign (OMB Zone) 5/9/2012 Approved Tuesday, Judy 03, 20/2 Page 1 of 68 PARKS & RECREATION MID-MONTH REPORT July 2012 The following is a list of various projects and maintenance activities for the Parks and Recreation Department Projects &AchNfios: • Resolution 201241, Kenai Municipal Park Playground Improvements 2012 awarding contract to Peninsula Constructron. Inc. forthe base bid amount $331,336) was passed July 10w ^ Fencing for buupens was completed at the Litte League Comple(Field . Crews are finishing the pftching mound and home plate installation. The new nfield soil biend has been deljvered. Crews added a new shrub bed around the rretal framed gazebo at the scenic bJuff overlook area, • Trees from the circle planters ocated atthe vorue/nfVVi|ovv3Land3purHu/ywnreremoveV One tree relocated to the scenic bluff overiook area. n Daubenspeck Farnily Park dedication was ho|donSa\urday.Juno30m O Fonteyn Construction will initiate installation of durnpster screens 10 various iocations the week of July 9th • B&B Landscape will initiate construction of the new fiowerbed at LH Memorial Park beginning week u1 July 9th w The department has a total ot 35 shelter resenjations for the summer season (April — Sept). Activities and preparation for the dip net season included training. organization of materials & supplies, fee shack repair/maintenance, and installation of fencing/signage. ~ The trail crew has nearly completed one segment of trail from Airport Way to Granite Pt. Next segment will be from Granite Pt to the existing Bernie Huss traH and then continuing along the Ryan's Creek drainage to the Spur Hwy ^ � Two new hanging baskets were installed at City Halt w The soccer fieids were aver seedecj in June, Carmody Masonry completed dirt work for the Blue Star Memorial upgrade and will install sidewalk in near future. The department crews will implement a new design for the existing sign & flowerbed area. 69 .:I.° ° OF K[ i AI 70:L7 ELECTION ELECTION ['.F City October 2, '2° r PLEAS[: J.g.,(S d ti,,AY TO frt?Vryv'fr a ABSENTEE VOTING Se!;+t r : tf: 1)11, F *ON: A rrfson Is gI,Eal=rif^.'i to vote: w 10 is a citizen E.` ,1, kilted States; ' ;,1:;11 <°° 11:'s`'' . ?l,'! lny+; has been a res cle, ;, of the C!i :y of Kenai for at : ;_t 30 days 0 tRiec;R +gin; has registered with the State at least 30 days prior to the election; is not registered to vol.'s ?c �lrol'h ^ .jur=?rlictie «; RPft, is not disr ,.l lified under E^' '.:isle V of the State Constitution. YQUR REGISTRATION: If your name has changed, you have move" r you believe an error ht "; �.. R..,calt n.�tle re arf;i,A'I ): ^9 r^i:'iF;:f:! °.,$;:1 GIs 9 P your voter registrar: -1., °; should iA :ny ;.riv :ii',i ..t,"' rrR.IOD: Beginning Aur.1-HI. 1. '1 ;- interested candidate,, ,,,:.-.1y ,.r;l il.h:i I,r,::: u i trom the City Clerk's 0 : "1-,H c (.i,: ;_.w ^..1 at 210 Fidaigo Avenr•-..., Ito lias; c may do'•w.'. E.= ,•._ am 4.7: '-ni.,m the City's website . - • Candidates must be at :east 21 years of ; -it',. 1,,, tr,,,Foi.zie,.: ,,-,?.tp:+;rvp ,`r the State el' : l;r +-k= , inv.' 'Th. '• &'sidents of the City of Kenai for one (1) year prio' Hi"c^.It1:"• :I 'i .,.•' riling period is A,FtiiFiii: 1. '_`J f`,Sk't3Lt'?• jr 701.7., 1:07' .:',.'i'; ;;F ^.D. Iir*P"E"P;'k t.ii;,' i 'ei.,stdirr.q 1�. - ! ^ Regular A CITY OF KENAI Notice of Vacancies in Office October 2, 2012, Reg lar Election The City of Kenai will paid a regular election on Tuesday, October 2, 2012. The Nominating Period for the following offices is August 1 through August 15, 2012: Two (2) Council 1 idrnber positions, each w three (3) year term ending October 2011 Candidate Quaiifications (KC 2- 1(b)): Interested candidates must be at least 21 years of age, be qualified voters of the State of Alaska, and be residents of the City of Kenai for one (1) year prior to Election Day. Nominating Petitions (KMC 5.°10.010): Nominating Petition Packets will be available at the Kenai City Clerk's Office (located at 210 Fidalgo Avenue, Kenai) beginning August 1, 2012. A copy may also be obtained on the City's website www.c.kenaLak.us. Completed nominating petitions must be returned to the City Clerk's office no later than 5:00 p.m. August 15, 2012. All candidates are subject to the provisions of AS 15.13 Campaign Disclosure Act; and KIVC 1.85 Financial Disclosure and Conflict of Interest. Posted: 7/1112012 71 PURCHASE ORDERS SEP/1/EE:44 $2,5r)0,00. AND $15,01:10,09. FOR COUNCIL REVIEW COUNCIL MEETING 01'; ‘,11„4„.Y1 B, 2P12 VENDOR DESCRIP1 ION DEPT, ACCOUNT ANIOUN 5B11 IMAN TEC) INOIPOIES FY13 MAINTEr IANC.:L CONTRACT cnmmuNicA ricNis IlISPEED.GEAR HORTON GROUP DAVID FRAZIER & Assoc. KONICA NINE:TT-A KoNicA MINCH.TA PITNEY B nW ES PITNEY BOWES WHITFORD SURVEYING BOYS & GIRLS CLUB 'FY13 COPIER MAATENANGE FY13 VIRGIN HEALTH PROGRAM FY13 HEALTH BENEFITS CONSULTING FY13 SERVICE AGREEMENT 0Y13 SERVICE AGREEMENT CLERKS OEC El13 POSTAGE, SCALE & MAILING MACHINE FY13 CITY HALL POSTAGE BARON PK REPLATNACATION - MAGIC AVE FY13 GRANT LIBRARY VARIOUS NON-DEPARTMENTAL NON-DEPAR TM ENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENT/A L. LAND LEGISLATIVE. REPAIR & MAII‘IFEHANCE PRINTING & BINDING HEAL [If INSURANCE PRINTING & BINDING PRINTING & ENDING RENTALS POSTAGE PROFESSIONAL SERV1QES GRANTS TO AGENCIES 8,603.00 2,862:96 7,242.00 10,000.00 7,000.00 3,000.00 3,300.00 9,000.00 3,300 00 10,000.00 NOTICE OF PUBLIC HEARING JULY 18, 2012 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Airfield Marking Improvement Project. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Ve $ 4 jj Corene Hall, Deputy City Clerk Posted: July 13, 2012 E-4 ral a z 0 ral E - 2 2 c4 a H \<\ et. Kenai City Council July 18, 2012 Submitted by Jim Butler RE: uncontrolled fish waste from dipnetters WASTE )SAL OWED ON EACHES tS. 46, a Ninilchik Beach No fish waste sign(s) AS 46.06.080. Littering Prohibited. (a) .. person may not throw, drop, leposit, discard, or otherwise dispose �f litter from a vehicle or otherwise, on zublie or private property in the state 3r in waters in the state or under state jurisdiction unless (1) the property is designated by a state agency or municipality as a site for the sanitary disposal of garbage or refuse and the person is authorized to use the site for that purpose; or (2) litter is placed in a litter receptacle so that the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the state or under state jurisdiction. (b) A vehicle may not be driven or moved ion a public highway or right -of -way unless (c) A person who violates this section is guilty of a violation, and may be sentenced to pay a fine of not more than $1,000. In addition. the court may order the person to gather and dispose of litter in an area and for a length of time determined by the court. (d) A peace officer shall issue a citation as provided in AS 12.25..1S0 to a person who violates this section. If a citation is for a minor littering violation, then the person to whom the citation is issued may, within 15 days, mail or personally deliver to the clerk of the court in which the citation is filed ' (1) a fine of $50; and (2) a copy of the citation indicating that the right to an appearance is waived and a plea of no contest is entered. (e) If a $50 fine has been paid under (d) of this section, then the court shall enter a judgment of conviction. Payment of the fine is a complete satisfaction for the violation. (f) If a person cited under this section fails to pay the fine or to appear in court as required, the citation is considered a summons for a failure to obey a citation under AS 12.25.230 , and the court may issue a bench warrant. (g) Notwithstanding other provisions of law, if a person cited for a minor littering violation under this section appears in court and is found guilty, the penalty that is imposed for the violation may not exceed $50. (h) In this section "a minor littering violation" means a violation of (a) or (b) of this section involving littering having an aggregate weight of five pounds or less. PUBLISHER'S A UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece SS: being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legais of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #99490 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: July 16, 2012 X {/ G/1.& /205 SUBSCRIBED AND SWORN to me before this 25th day of July 2012 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 DAVIT AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 18, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 A. CALL TO ORDER B, SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Airfield Marking Improvement Project. E. MINUTES 1. 'Work Session Notes of July 10, 2012 2. 'Regular Meeting of July 10, 2012 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Purchase Orders Exceeding $15,000 2. Action /Approval -- City Attomey Position Description 3. Action /Approval -- Assignment of Lease Between the City of Kenai and Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an Approximately 13,037 Square Foot Area as Depicted on Tract A -1, Replat Tract "A" Kenai Spur- Airport Lease Property, North East 1/4 Section 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. 4. Discussion -- Scheduling a City Council Work Session to Discuss and Identify Capital Project Priorities Based on Appropriations Received from the Stale of Alaska. 5. 'Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL). 6. 'Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park. 7. 'Ordinance No. 2642-2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery. 8. *Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. 9. "Ordinance No. 2644 -2012 -- .Increasing Estimated Revenues and Appropriations by $6,500.00 in the General Fund for a Library Grant. H. COMMISSION /COMMITTEE REPORTS I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments N. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office or by visiting our website at http://www.cl.kenaLak.us. Sandra Modigh, CMC, City Clerk 0322/211