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2012-11-21 Council Packet
Council Meeting Date.- Mayor Council - 3 packets Clerk City Manager City Attorney . °.. Finance 1 ,. Libraa r Fire Department 6/._1 Cunningham 04, Kebschull &Y Student Rep. hall Binder yn.. Schmidt KSRM Mellish ., Peninsula Clarion ELECTRONIC COPY NOTICE r Send out notice to All with link to Council Packet I Council and Student Rep packets to Police Department Dispatch Desk. KS , Mellish & Schmidt pick up their packets in the Clerk's Office. • r 1 4191 Add to: D -B. Ordinance No. 2656 -2012: Amending KMC Section 3.10.070, Livestock within the City limits • Correspondence in opposition from Clifford Smith • Correspondence in opposition from Dave & Kitty Thompson • Correspondence from Jill Evans Information Items • Riverside Assisted Living Announcement • Alaska Stand Alone Gas Pipeline /ASAP None City Clerk Council Member Mlnitny Council Member Navarre NOV 2 0 2012 Please include this comment in the council member's packets, regarding: Ordinance No. 2656 -2012 -- Amending the Kenai Municipal Code Section 3.10 070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. First of all, I have no problem with chickens or people who keep chickens, in fact, I love poultry. I hope to eat a bunch of it for Thanksgiving, and I bet the bears will also want to eat a bunch of it when they wake up from their winter nap. My fear is not of the bears, but of the response by the city to human - bear encounters, as a result of the passage of this ordinance. When there were bears sighted in the VIP Subdivision a couple of years ago, the city blamed the problem on owners of multi - family units who let their garbage pile up. Garbage and possibly chickens are what attracted the bears to this neighborhood, but instead of addressing the problem with the dead -beat landlords or chicken owners, the city named the entire subdivision a "Problem Bear Area" whereby residents could not put our their garbage until the day of the collection and owners of multi- family units were required to use bear resistant containers. Bear resistant containers cost 3 times as much to rent and service as conventional cans. My current refuse bill at one multi - family location is $37.52 per month for servicing my 3 -yard container on a bi- weekly basis. Alaska Waste does not carry 3 -yard bear resistant containers, so to rent and service a 2 -yard container on a weekly basis, my refuse bill jumps to $113.72 per month, a 300% increase. My fear is when the bears show up in the chicken neighborhoods, the city will designate the entire city a bear problem area and force multi - family units to have bear resistant cans. This increased cost will likely be passed onto the tenants at all multi - family units throughout the city. i anticipate more bear -human interactions and DFLP (defense of life and property) shootings if this ordinance passes. in summary, if you pass this ordinance, you will attract bears. If you attract bears to the city and then try to address the problem like the city addressed it in the VIP Subdivision, you will be effectively passing a $25 per month rent increase on every multi - family tenant in the city. Cordially, Clifford Smith 319 Rogers Rd. Kenai, AK 99611 From: Robert J. Molloy [bob @molloyforcouncil.com] Sent: Wednesday, November 21, 2012 8:01 AM To: Sandra Modigh; Corene Hall Cc: Mayor Porter; Mike Boyle; Dave & Kitty Thompson NOV 2 )(0 12 Subject: Fwd: Chicken Ordinance ..n r Hi Sandra & Corey: Can you please make this email a lay -down on Ordinance 2656 -2012 for tonight's meeting? Thank you. ow, Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob (s molloyfforpou nG l.com Begin forwarded message: From: "Dave & Kitty Thompson" <daydrihanoson ®,_acsalaska.ne_ {> Date: November 20, 2012 4:59',19 PM AKST To: "Bob Molloy" <oob@molloyforCouncll.co_m> Subject: Chicken Ordinance Hi Bob In the upcoming ordinance allowing chickens in Kenai ; some may not be aware that chickens really attract bears big time. IWe have personally seen it in Hope, Alaska whereby the brown bears would not give up till they got all the chickens in the outside coops. The residents could not scare them away. We have seen this also out in Nikiski with black bears doing the same thing. Chickens attract bears more than garbage does. For that reason we are not necessarily opposed to allowing chickens, but we think in the long run it will not work out and someone could get mauled in town. We hope council considers this. Thanks Dave and Kitty Thompson Sandra !' • i From: Robert J. Molloy [bob @molloyforcouncil.com] Sent: Wednesday, November 21, 2012 2:33 PM x� — To: Sandra Modigh; Corene Hall Cc: Mayor Porter Subject: Fwd: chickens ? NOV 2 2%12 1 Another lay -down on ORD 2656 -2012, if there is time - P01#1 Robert J. Molloy, Council Member Kenai City Council Kenai, Alaska bob @tmollovforcouncil.com Begin forwarded message: From: Jill Evans <JEvaans2 @kpbsd.kl2.ak.us> Date: November 21, 20121:41:03 PM AKST To: ¢oab�el @d kenaf ek us "<barel @cikenai.ak us>, ",�op@mollovYOrcoul .com "<ggb @moliovforcouncil�com> "gena'mavor10 @msn" <kenaimaror100msn.com> mbo le GSlaska.cc <mbQyLe@alaska. om >,'_ an@marqui_sforkenai.com' <r an @mar_uisforkenai.c_oni>, 'ter C�booke forkenai com" <terrv@bookevforkenai.wm>, "timnavarreC amail.com",hrnnavarre @amail.com> Subject: chickens To Kenai City Council - Considering that Kenai City Council is discussing / voting on allowing residents to keep laying hens in the city limits, I was told I should share my chicken raising experiences. I was a Kenai city resident up until 5 years ago; I now live on a couple of acres off of Ciechanski — near the river. I have had chickens for the past 4 years. My flock size has numbered between 6 -12 birds, right now I have 9. They are kept in a 4'x8' (approx.) hen -house attached off the back of our 8'x10' (approx.) storage shed. There is a 6' high chain link fence (not electric) surrounding the henhouse creating a small ( approx. 1500 SF) yard. They are kept in their fenced yard most of the time; they do get let out of the fenced yard on summer days when someone is home to keep an eye /ear out. Our family has enjoyed raising chickens not only for the high quality eggs they produce, but for the enjoyment one gets from simply raising any pet, getting to know their personalities and their quirks. We will probably continue to raise chickens wherever we live as long as I have the outdoor space. The main concern most Alaskans have when discussing raising backyard flocks is the dangers of encountering wild animals. In the 4 years that I have had my birds the only "wild animals" that we have encountered is other birds: eagles, ravens, and stellar jays, and they are more of an annoyance than anything else. The main animal problem is not "wild animals," but neighborhood dogs. Dogs running loose are a common occurrence in the neighborhoods off of Ciechanski; I don't think they would cause as much trouble in the city. We have never encountered any bear problems at all. Now for some unsolicited advice from an experienced (not expert) chicken owner: The birds should be thought of as pets, not livestock. This means proper food and shelter, fresh water, and cleanliness. A good size flock for a typical 2,000 SF yard would be about 5 -8 hens. Chickens need to be with at least 3 or 4 birds for proper socialization; and then a few extra to make sure if any birds are lost due to illness or other causes there are enough remaining birds to maintain the flock. But you don't want too many birds in small yards due to the damage they cause when they scratch and peck at the ground, and to keep the odor and noise to minimal levels. I hope this helps with your decision to allow Kenai city residents to raise backyard laying hens. Jill Evans NOV 2 ' 20V �v7 Riverside Assiste J jng 390 Lovers Lane RIVER StDIE Soldotna, AK 99669 wAw.itiversideAssistedLiving.com L I V N G When: Friday, November 30"' at l0am Where: Kenai Senior Center Welcome: All Kenai area seniors, health care providers, care coordinators, general public. Riverside Assisted Living will be announcing the upcoming 2013 Grand Opening of Alaska's newest and most luxurious senior eare communities (two locations), in the heart of the Kenai Peninsula. This presentation will provide valuable information about the many services and amenities that luverside Assisted Uving residents will enjoy....and niore importantly ... how local seniors can qualify for those benefits and plan for their future. As part of the presentation, we'll host a Q&A session where we'll cover concerns such as: What exactly is "assisted living" and when might I need it? What kind of lifestyle can i expect? Who pays for assisted living and does Medicare or NIedicaidparticipate? So bring your questions and we'll bring the answers! if you are unable to attend but would like additional information sent to you, pleas-, contact: Alisa Milliron Admissions Director Tel: 907-394-7776 amilliron@i,iversideassitedliving,com ASAP - Alaska's in-state Gas Pipeline w Nover er 1!6, ffm » 7 \ 6 LL \f a< \} 4< Cc U / }3 \ 211 \ :w u mM 2000 2005 2010 2016 2020 2026 2030 2036 ® Mainline: — 737 miles long, 24" buried pipe — 2,500 psi max operating pressure Fairbanks i; i — 35 miles long diameter Tie-in • North Slope Gas Treatment Facility I Take-off i Straddle Plant at Dunbar Two Compressor Cook Inlet NGL Extraction l` s i;; ASAP project has completed . more work \2d k yg any energy project in front of Alaskans Why is the State involved? Sense of urgency that was endorsed almost unanimously by the 2010 legislature ASAP is Q solid project plan df2i ne to deliver natural gas to Alaskans; it is c ■mpatiblew with other . . Projects y 2� , � °� ^� » 2 \ y Necessary? �:» :. ° ° 2( d Q ?< +( +(:dam 2� }+ » , :. iiiiiii « «\ „ strategy and worthwhile ~ dp d dd } \S\± for th State The large LNG f«»«d project concept stage; ASAP i 4 m i t in worthwhile mo me r< d toward © Two project could collaborate; share data, minimize redundancies and reduce costs for the State Two projects could merge and/or ? ■ m i? f valuable data and #rote ©° Alaska from to 2 ng valuable progress Ultimately — ■ 2f project will move to delivery of fl Up-front o to be recovered through gas royalty and taxes • Project • Billion,*, 2011 dollars 1 reasonable assumptions the tariff models support further A.. Project Fairbanks Anchorage $ 9.63/MMBtu in 2011 dollars i 45/MMBtu in 2011 dollars *Each a the project delayed, is added to the a,.v '. project A 4 Advance Legislation Needed ) Secure sufficient funding to advance Decide I i operated lu� Fro c nn n, 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 FEL Phase I FEL Phase 2 FEL Phase 3 First If WON Execution Phase mmmmmmmmmmmmm*l Rev 9/24/12 MIN a ww�M. III �# F.�...�, lilliq • lilliq 11111111 �;� ,�. Interested persons are encouraged to contact us. after 3301 C Street, 10# Anchorage, 111111111r:l Jill • 1 TX Result Report P 1 11/21/2012 13:01 Serial No. A02EO12001110 TC: 608880 Destination I Start Time Time Prints I Resultj Note SOLDOTNA ARBYS 1 11 -21 13:00 00:00:56 000/002 1 No Ans Note Result OK: Communication OK, S -OK: Stop Communication, PW -OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, Cent: Continue, No Ans: No Answer, Refuse: Receipt Refused, BUSY: BUSY, M- Fuil:Memory Full, LOVR:Receiving length Over, POVER:Receiving page Over, FIL:File Error, DC:Decode Error, MDN:MDN Response Error, DSN:DSN Response Error. I►I ' ! 2 •, Toc Restaurant Management Team Fc ®me �aatlra daQe_ Novomber2'I,2012 Etas VACATION ACCRUAL ae -Tx. Fax. Blare is yonr ugad ated vaca43om a ua1Y! Yf yov have any gnasd➢ons..._Ploas® give nae a ca ➢I!!! Havc a great and safe Thanhsgivin g!! U Result Report P 1 11/21/2012 13:08 Serial NO. A02EO12001110 TC: 608963 Destination I Start Time Time Prints Result j Note 19073442729 11 -21 13:07 DO: DD:Sb OOOI002 NO Any M& PME; Frame F�aSe YX, Note THR: Timer TX, POLt POIlim ORG; Oriyinal Size se�t F Forward, PC� PC-FaX, MIXN Hixed Original T X, CA - : Hanuai X, CSRC: CSRC , D; BMD: DOUble-Sl ed Binding Direction. SP: Special oriyanal, FCODEZ FjCode. ATX: Re-TX, BLY; Hela& HBX; COnfidential. BBL: Bulletin. SIP: S P Fax, IPADR: P Address Fax, I-FAX: In ernet Fax Result OK: Communication OK S-OK: Stop Communication, PW-OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, Cont; Continue, No Ans: No Answer, Refuse: Receipt Refused, Busy: Busy, M-Full:MemOrY Full, LOVR:Receiving length Over, POVER:Receiving Page Over, Flffile Error, DC:Decode Error, HDN:MDN Response Error. DSN:DSN Response Error. '£ ®: Restaurant Management Team U.*.. ".v.Mber2l,2012 NV^<::^T1O" ACCRUAL_ I3 ere is your apr2 atad vacation acorn x111 I£ you taave any qia estio ..e give me Natural Gas Company CHIAIW- W111MO ALMA'S WFUH i Natural Gas Supply ASAP Community " • Counc Presentation Pete Stokes Petrotechnical Resources of Alaska ?a 44. Cook Inlet Supply Natural Gas The impact of Cook Inlet Gas Storage project in mitigating winter peak demand i South Central Supply: Cook Inlet Production September 2012 i 150 i U U so 0 OO O'1' Off` O� O4' '�`° .yam P ,�O ,�O ,�O ,.yO ,LO ,�O ,bO ,yO ,yO ,yO ,LO * Beluga River Uri: 0 Beaver Ceek Uri; Ca nary Loop w Deep Leek * Kenai Unit . NorIP C JnH ti N mrrhlkuet � Norm Fork Unit Sterling Unit 0swansa, Riv ?' -1 B -Qdier Cl 2011 New We'ls r `P• • t 13% 1 120 100 80 `m 60 V m 40 20 0 Forecasted Cook Inlet Natural Gas Demand September 2012 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 TIS�EM1'SlN2 CEA = niti!N:&P NaIte LOad'- HLA -�MEA ¢�Ri, ?2;010 '— ,i'dW11Gas _+«eKUMWs Itnt'IV(r -'k lli1Wi 11,1. d ra typek ^ —X-'ia Analysis of i; fields i wells Does • i' developments welli WEIR] 100 80 Y u 60 m 40 20 Cook Inlet Production Forecast September 2012 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 BBC l.ga Rivcr 1 nit ® Bcaecr Occk Unit. Cannc'y Lip M Dccp GCcl, �Ken2i Unit 'r4o'thl Jnit Nin <hk Unit 0NCrth FO!$UnR -. Sterling L nit aSwansoi Rive aTBU .x Other CI 2011 New Wells �w�ro ME Due to drilling and compression 4; M since shortfall 2010, the predicted e nil nil Supply . Current Wells Sept Cook Inlet Supply and Demand 1! 150 150 M E 100 Tu a CO 50 49.1 55.0 4a.s 114 0 23.7 2012 2013 2014 2015 2016 2017 2018 2019 2020 (Shortfall -- Supply — Demand 100 m 50 0 [! rnit _MTOWTOM Cook Inlet Supply and Demand Sept 2012 Forecast for Current Cl Fields + 10 hAMSCF/D Added for Years 2013 - 2019 150 150 100 loo U 54.6 CO 50 9 3.6 so vii 5.1 zs.0 22,2 29.2 C 0 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 MIShortfall ---Supply —Demand This assumes • •. completions added pier year 2013-19. Cook Inlet Supply and Demand + 20 MN4SCF/D Added for Years 2013 - 2019 rill pa»wa�.nw� 150 150 v i c } 100 100 CO —_ a m 50 _ "38.2 50 t g' 16.6 20.9 24.2 0 v=i 6.2 11.4 V1 0 0 ZD12 2013 2014 2015 2016 2017 2018 2019 2020 Shortfall -- Supply -- Demand rill pa»wa�.nw� Methods • Meeting r, • .I 1 �',...� rims • o, • CPAI • Others ► .x loration Onshore: NordAq, ache, uccneer and others Offshore: Furie, Apache, • 1 l I ► Gas Import COOK Inlet Oil and Gas Activity 2012 fP ::� a :L'mcn'u,zxaa::az m 4 a e mn MA ' • • 1 MIR ... Delineating Shadura and Exploring o Shadura not to be developed until 2013 o Exploring t Tiger Eye Prospect in 2012-13 � Buc r exploring near Homer ► CIE exploring west Cook Inlet � Apache shooting large i mic Program, plans to rill 4thQuarter If successful exploration are found near infrastructure .' be quickly developed, • .' • �' ruM14JI.-I P�-Awk- i Imported or timely With engineering r i permitting, LNG or CNG could be imported 1 fulfill short-term needs Summary: to Demand Source: Alaska Business Monthly Photo by Robin Barry, ENSTAR WIR Ik", "A CINGSA storage is capable of storing Cl produced gas or • • • gas for . ,. i' rnm M"d-oIPA.At-4 Dependable Energy for Alaskans For Immediate Release: October 26, 2012 Final Environmental Impact Statement on Alaska Stand Alone Gas Pipeline (ASAP) Released ASAP The Pipeline Designed to Bring Clean Dependable Energy to Alaskans The Alaska Gasline Development Corporation (AGDC) announces completion of a major milestone toward construction of the ASAP. The ASAP Final Environmental Impact Statement (FEIS) is in the Federal Register on Friday, October 26, 2012. Publishing the ASAP HIS on the Federal Register completes an EIS process that began in December 2009 and included public meetings and comments on a draft EIS issued in January 2012. AGDC President Dan Fauske, who also serves as CEO /Executive Director of AHFC said, "This is extremely good news for the state. The ASAP project will provide long -term, dependable gas for Alaskan businesses and families. The State can be very proud of the work done on the ASAP Project; the HIS represents valuable work done by the State to solve Alaska's energy situation." The ASAP project is the in -state gasline focused on delivering natural gas to as many Alaskans as practicable along the 737 mile route from Prudhoe Bay to Point Mackenzie. ASAP Community Advisory Board co- chairs Tim Navarre and Jason Mayrand both applaud this effort as a solid step in providing energy to encourage long term business growth and economic development. Mayor Jason Mayrand of Nenana stated he will remain an advocate for this project until Alaska's gas is delivered to Alaskans. Publishing the ASAP FEIS reflects the significant work and the valuable investment the State is making to ensure an energy solution. There will be an ASAP public meeting held in Anchorage on December 13th beginning at 6:00 pm at the Anchorage Museum to share the progress on this important project with Alaskans. For more information about the ASAP project or the ASAP Final EIS, please visit the AGDC website at www.agdc.us; use the following link to view the HIS document: http: / /www.asapeis.com /. For more information, please contact AGDC at (907) 330 -6320. Alaska Gasline Development Corporation - 3301 C Street, Suite 100 • Anchorage, AK 99503 P: 907.330.6300 a F: 907.330.6309 ® Toll -Free: 855.277.4491 ^ www.agdc.us ASAP Community Advisory Council October 11, 2012 1:30 — 3:30 pm Westmark Hotel, Rampart Room Meeting Minutes 1:30 pm Meeting opened by Co- Chairs Introductions Co- Chairs update AGDC Update ASAP Project team advised the committee about the public outreach including the Cantwell community meeting held that week. AHTNA native allotments are in the area. ASAP project team did not hear from any allotment owners during the meeting. General comment from the public is that they are hopeful that a solution is coming soon to address energy supply and cost for the future. 1) Old Business a) ASAP final brochure to review for distribution i) CAC members approved the brochure ii) All members took brochures for their constituents iii) Dan Coffee requested brochures for distribution at the Mayor's Energy Task Force (METF) meeting; Leslye provided copies at the METF meeting iv) CAC asked that AGDC produce an update brochure /document for the Council every quarter — AGDC will continue to produce updates based on funding available for public outreach 2) New Business a) MOU Announcement i) Governor asked the large producers (Conoco, BP, Exxon and TransCanada) to make an announcement by end of 3rd quarter about the size, scope, route and cost of a large LN'G export project. He also asked the producers and TransCanada to work with AGDC to determine if there is interest and value in consolidating information. AGDC and TransCanada and the Producers have entered into a Cooperation Agreement to determine a process for sharing information. ii) The announcement from the large producers and TransCanada included a concept for a project with numerous conditions that have to be resolved prior to committing to a project. The CAC agreed that it is important to maintain momentum on the ASAP project as ASAP has tangible, concrete assets, and progress that could be derailed if the focus is not maintained. Assets include the 604 -mile unconditional State Lease ROW, the FEIS to be published on the Federal Register by October 26`h, Record of Decision from BLM and Federal Lands ROW 30 days after FEIS; the Section 404 Wetlands permit will be worked on in 2013. b) PRA Report i) Utility companies commissioned Petrotechnical Resources of Alaska to study current Cook Inlet Gas supply. Presentation was given to METF in October 2012. Report findings indicate a Cook Inlet supply shortfall by 2015, and import LNG or CNG could be the interim solution. If demand exceeds supply, ASAP will not meet the short -term supply issue however, the current situation in the Inlet makes moving the ASAP project forward more sensible and prudent for the State. c) Legislative Priorities i) AGDC is asking organizations to include the ASAP project in their legislative priorities. ASAP must have funding; critical for project to move forward. Every year the project is delayed, 2.5 to 3% ($250M) is added to the total project cost due to inflation. (1) Dan Coffee asked how much funding is needed for ASAP project to reach sanction. Municipal budget is in infancy stages now. Legislative package is prepared by administration, hashed out by assembly and is published early -mid December. Co- chairs of committee asked each member to see if ASAP project information could be presented to assembly and planning organizations as an agenda item. ii) The critical pieces of legislation needed in the next session for the project were reviewed by Council Members. AGDC is preparing a legislative package for the Council to pass out to organizations, community leaders and industry groups. (1) A multi -year funding package will be requested for ASAP as it is very difficult to maintain the personnel, the progress, and the public education on a year -by -year basis. (2) The ASAP project needs the same confidentiality protection afforded to the APP project under AGIA legislation. The ASAP team is not able to hold high -level discussions or negotiations without the ability to protect those discussions and negotiations from public disclosure. This practice is industry standard and it is good business practice. The CAC agreed that confidentiality is necessary to have meaningful business discussions covering details on the largest project in the country. (3) ASAP needs contract carrier status in order to establish long -term commitments and engage in long -term contracts. (4) The legislature is requested to determine the ownership model for ASAP. The ASAP project plan recommends that the State should own the ASAP pipeline and have a builder /operator manage the line. (5) Co -Chair Navarre reinforced that the ASAP CAC role is to review ASAP information from the Project Office, stay informed and request briefings on the legislation and distribute project updates and materials to communities so people along the alignment are informed. The Call to Action from the CAC will be to ask their friends, communities and organizations to contact their local law makers and ask for support of the ASAP project prior to and during this upcoming legislative session. d) Overview of ASAP Community Engagements from September— October 2012 i) Sept 5 - Common Wealth North, industry groups ii) Sept 13 -14 - Anderson and Clear AFS ASAP Community meeting. Clear requested another presentation at the Commanders Call leadership meeting iii) Sept 25 - Talkeetna. One attendee that previously worked for Homeland Defense commented on the project and mentioned that Homeland Defense has been looking at the Alaska gas "issue" since 2006 and to call it a crisis. This validates the General's statement from JBEAR: the #1 issue in Alaska is ENERGY iv) October 4 — Clear AFS — Project update at Commander's Call v) October 10 —Cantwell Community meeting vi) October 17 — Mayor's Energy Task Force, Dan Fauske spoke vii) October 18— Wasilla Chamber Executive Board viii) November 5 — Big Lake Chamber e) Future Organizations /Groups to address i) Tim/Jason/Leslye AML Nov 15`' 9:15 — 10:00 am it) ASAP to be added TCC Annual Conference in March iii) FNSB Planning Commission — Joy to send ASAP invitation iv) Maintain discussion of outreach to organizations as a permanent item on the CAC agenda f) News Articles distributed i) Petroleum News article by Alan Bailey, Continuing Concerns. Result of a presentation to Mayors Energy Talk Force regarding the outlook of gas supply in Cook Inlet. ASAP project will not serve the need for gas by 2015, but the importance in keeping the ASAP project rolling, at least the State is working toward a solution to augment a find in the Cook Inlet should that occur. (1) Dan Coffee —Main point of PRA report is that we're far from solving problem. Mr. Coffee supports continuation of ASAP efforts. (2) Sarah Obed — Clarification: Does GVEA gets surplus gas from CI? No one on the council was sure of all of the energy sources for GVEA. (3) Leslye mentioned findings in the PRA report indicate if supply doesn't meet demand, electricity will be moved off of gas generators to diesel generators to maintain gas supply for structures. Not only will electricity bills increase, gas will as well due to the fees assessed with accessing gas from storage (CiNGSA) ii) Oil/Gas Journal — Study confirms feasibility of in -state Alaskan Gas Pipeline. Executives from mega projects and corporations. Validity and credence to ASAP's work for the State of Alaska. iii) Fairbanks Daily News Miner article by Dermot Cole, Oil company momentum hard to spot in letter with escape clauses. (1) Tim Navarre— suggested AGDC add journal articles and PRA report to ASAP website? Re- publication rights -AGDC to ask Pete Stokes for rights to distribute? g) Council Assignments /roles /responsibilities i) Qaiyann Harcharek is announced as the third co -chair to council. The ASAP CAC now has representation from North, Central and Southcentral Alaska. Discussed alternates for council members. 3) Miscellaneous items for discussion a) Next meeting date: Thursday, November 15'h 12:00 pm — 1:30 pm held at Anchorage AGDC Office. Members gathering in Fairbanks will meet at the Westmark Hotel: Joy, Patricia, Terry, Sarah 4) Close of meeting — 3:30pm Community Advisory Council I Alaska Gasline Development Corp. Page 1 of 2 sear�i: Home About Us Legislative Mandate Contact Us OVERVIEW I PROCUREMENT I REPORTS I PROJECT DOCUMENTS I NEWS I PUBLIC OUTREACH NEWS COMMUNITY ADVISORY COUNCIL • Final Environmental The Alaska Gasline Development Corporation (AGDC) is working with communities along fire Alaska Stand Alone Gas Impact Statement on Pipeline/ASAP project alignment to participate in a Community Advisory Council, Alaska Stand Alone Mission Statement Gas Pipeline (ASAP) Bring stakeholders and project personnel together to discuss, collect, and distribute timely, factual, and reliable Released The Alaska rl project information for the purpose of educating Alaskans about the project while identifying and minimizing social Gaslinetionis Development and environmental impacts in an eHOrt to deliver the greatest benefit to Alaskans. lease Corporation is pleased to announce the... In an effort to increase and improve communication with stakeholders in affected communities along the ASAP alignment corridor the ASAP project office is In e process of inviting Interested and available individuals from the designated affected cord th • Notice for AGDC communifies to participate in a Community Advisory Council. During the community meetings held in each community, there Board of Directors will be an opportunity for interested participants to sign up to learn more about the council on the ASAP project. ASAP Public Meeting Notice for Affairs will contact people to explain the council and its mission. Members are asked to serve for a minimum of one year AGDC Board of AGDC Public Affairs represents the protect office at the CAC meetings but is not the organizer of the meetings and AGDC Directors Meeting The does not manage the agenda for the Council. Potential members are advised that all expenses associated with offending the next Board council meetings are the responsibility of each of the paricipants or the organization, community, or corporation being • Alaska Stand Alone represented. AGOG accepts no financial responsibility for the activity of the CAC. Gas Pipeline Project The ASAP Community Advisory Council continues to invite members from affected communities and stakeholder April 2012 The Alaska organizations along the alignment to join the Council and participate in the monthly meetings. The following communities and Guthrie Development organizations are represented by the following ASAP Community Advisory Council members: Corporation held a public Board of Co -Chair Tim Navarre - Keno Peninsula U.S. Corps of Co -Chair Mayor Jason Mayrand- Hanson Engineers extension of the public Fairbanks Chamber of Commerce - Greg Boughuret. Alternate Co -Chair comment period on Minn Village - Rocky Riley, Second Chief the Alaska Stand Alone Gas Pipeline Fairbanks - Community at large - Patricia Silva (ASAP) March 15, Healy /Denali Borough - Terry Hinm rm, 2012 The Alaska Gasline Development Modish Hot Springs - Joy Huntington Corporation announces Doyon, Litl. - Sarah Obed the .. • AHTNA - Joe Bowed • Draft Environmental Impact Statement Tanana Chiefs Conference- Tony Delia (DEIS) on the 737 Municipality of Anchorage- Dan Coffey mile pipeline from Prudhoe Bay to Point North Slope Borough- Caiymen Harcharek MacKenzie The Alaska Gasline Development The ASAP Community Advisory Council Schedule: Corporation announced that the . Anchorage - November 15, 20121 12:00 - 1:30 an I AGDC Office, Large Conference Room - 1 "Boor Alaska Stand... Past CAC Meetings 12012 Fairbanks - October 11, 201211:30pm - 3:301. Westmark Hotel, Rampart Room Anchorage - September 20,2012 11 3OPM - 3:30PM 1 AGDC Office, Large Conference Room - V' Door Fairbanks - August 16, 20121 1 30PM - 3:30PM 1 Tanana Chiefs Conference Building -an Floor Fairbanks - July 12, 2012 1 1:30PM - 3:30PM 1 Tanana Chiefs Conference Building - Ph Floor Fairbanks -June 14, 20121 1.30PM - 3:30PM 1 Tanana Chiefs Conference Building - 6 " Floor Fairbanks - May 9, 20121 1:30 PM - 3:30 PM I Tanana Chiefs Conference Building - 6" Floor httn- / /www- agde.us/ stakeholder- eneaeement /community- advisorv- council/ 11/21/2012 Community Advisory Council I Alaska Gasline Development Corp. Page 2 of 2 For more information .,the Community Advisory Council, contact Les lye Langla. Director Public Affairs, 907,330.6320 or ilangia @agdo.us The ASAP project office participates in the Council: the Council is note part a(, or an agency of, Alaska Cosine Development Corporation. AGDC will not assure any project activity or project policy on behalf of the ASAP Community Advisory Council MAILING I PHYSICAL ADDRESS 3301 C Sbcwi Sune 100. Al,,k raw, Alaskav &503 Tar. 9W- 330.69001 naltF ee. 8 -r,277 4491 1 Fax 90]- 3206309 v2010 Alaska Gsiikre Development Co,issinur httn : / /www nadc ii,c /-takehnlder- eneaeement /community- advisorv- council/ 11/21/2012 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 1 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 ton 00) 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. 2654 -2012 -- Repealing Kenai Municipal Code Chapter 5.40, Pawnbrokers, Which Provides Licensing and Regulatory Requirements on Pawnbrokers Within the City ..................................................... ............................... Pg 5 2. Ordinance No. 2655 -2012 -- Increasing Estimated Revenues and Appropriations by $11,829 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures............................................................................. ............................... Pg 9 3. Ordinance No. 2656 -2012 -- Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures .......................................... ............................... Pg 11 4. Resolution No. 2012 -63 -- Authorizing the Purchase of a Tracked Loader with a Pallet Fork Attachment and Equipment Trailer from Craig Taylor Equipment Company for the Total Amount of $56,964.75 ........................... ............................... Pg 27 5. Resolution No. 2012 -64 -- Expressing Its Support of an Application for Community Development Grant Block Grant (CDBG) to Construct Heated Sidewalks and Provide Stand -By Power at the Kenai Senior Center ........................ Pg 41 A Q K [`.1! AA l 1. *Regular Meeting of November 7, 2012............ i ♦ - 1. Action /Approval to be ............. .. ......... .......... I ... ........ Pg 45 2. Action /Approval -- Purchase Orders Exceeding $15,000 ........ ............................... Pg 55 3. Action /Approval -- Appointment of Council Liaisons to Committees, Commissions, Boards ............................................................... ............................... Pg 57 4. Action /Approval -- Terminal Building Specialty Retail Concession Agreement -- LarksAlaska Gifts ..................................................................... ............................... Pg 59 5. Discussion /Action -- City of Kenai Boards, Committees, and Commissions........... Pg 83 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission... ..... .................... — 5. Parks and Recreation Commission 6. Planning and Zoning Commission.......... 7. Beautification Committee -w• • #r ............................... ............................... Pg 123 .............................. ............................... Pg 127 J. ADMINISTRATION REPORTS 1. City Manager ............................................................................. ............................... Pg 131 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- None M. PENDING ITEMS -- None INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ......................... Pg 145 City of Kenai Council Meeting Agenda Page 2 of 3 November 21, 2012 ' � 2. Gaming Permit —Alaska State Elks Association ...... . ... ......... ............ ............... Pm147 3. Gaming Permit —Pickle Hill Public Broadcasting ...................................................... Pg153 4. Letter from Department of Natural Resources regarding Public and Charitable The agenda and supporting documents are posted on the City's webnit* at . Copies of resolutions and ordinances are available nt the City Clerk's Office or outside the Council Chamber prior fo the xnee0hA. For aob0k)ne/ information, please contact the City Clerk's Office at087-283-7535oxt23Y. ,y of Kenai Council Meeting Agenda Page 3 of 3 November 2 1, 2012 THIS PAGE IS INTENTIONALLY LEFT BLANK CnAY OF KENAI NO. 2654-2O i2 Sponsored by: City. Attorney AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE CHAPTER 5.40, PAWNBROKERS; WHICH PROVIDES LICENSING AND REGULATORY REQUIREMENTS ON PAWNBROKERS WITHIN THE CITY WHEREAS, on March 5, 2008 the City Council enacted Ordinance No. 2669 -2007 enacting Chapter 5.40 of the Kenai Municipal Code establishing a licensing procedure for pawnbrokers and regulating pawnbroker businesses within the City; and, WHEREAS, since that time the State of Alaska passed legislation, Chapter 8, Article 2, Licensing and Regulation of Pawn Brokers, AS 08.76. 100 et: seq., effective July 1, 2011 and 12 AAC 76.300 et, seq. which provide a statutory and regulatory scheme for licensing and regulating pawnbrokers; and, WHEREAS, Alaska Statute 8.76.460, Municipal Regulation, specifically limits municipal regulation of pawnbrokers and voids ordinances that conflict with its limitations; and, WHEREAS, at least part of Kenai Municipal Code Chapter 5.40 conflicts with the limitations on municipal ordinances as provided in AS 8.76.460, and, WHEREAS, repealing Kenai Municipal Code Chapter 5.40 will remove any conflicts between Kenai Municipal Code Chapter 5.40 and AS 08.76.100 et. seq. and pawnbrokers will remain regulated by state law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section N. Form; this is a code ordinance. Section 2. That Kenai Municipal Code Chapter 5.40 is hereby repealed. Section 3. That this ordinance shall take effect one month after adoption. News Text Underbned; (DELF.TFD TEXT BRACKETED] 61 Ordinance No. 2654 -2012 Page 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of . 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: November 7, 2012 Adopted: November 21, 2012 Effective: December 21, 2012 PELETED TEXT BRACKETFD) 101 I� I Willa e with a Past, C# w ° wN a Future �x 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and City Council7s FROM: Scott M. Bloorn, City AttornW DATE: October 30, 2412 SUBJECT: Repeal of City Ordinance Regulating Pawnbrokers On March 5, 2008 the City Council enacted Ordinance No. 2669 -2007 enactinu Chanter 5.40 of the Kenai Municipal Code establishing a licensing procedure for pawnbrokers and regulating pawnbrokers' business_ Since that time the State of Alaska passed legislation; Chapter 8, Article 2, Licensing and Regulation of Pawn Brokers, AS 08.76,100 et, seq., effective July 1, 2011 and 12 AAC 76.300 et. seq. which provide a statutory and regulatory scheme for licensing and regulating pawnbrokers. Alaska Statute 8.76.460, Municipal Regulation, specifically limits municipal regulation of pawnbrokers and voids ordinances that conflict with its limitations. Specifically, KMC Chapter 5.40 impermissibly conflicts with the hours of operation allowed under state law and likely the process for police interaction with pawnbrokers. It is the recommendation of Kenai City Police Chief, Gus Sandahl, that KMC Chapter 5.40 be repealed. Other options include rewriting the offending parts of KMC Chapter 5:40 and readopting the code provisions, or adopting parts of the state statutes as the City's own. Since state law now provides for uniform licensing and regulation of pawnbrokers throughout the stage, I reconiniend repealing KMC Chapter 5.40 as well, unless there is good reason for the City to regulate pawnbrokers locally, spoke with Nathan Vallier of the State Division of Corporations, Business and Licensing and he informed me that he believed that the City of Kenai and the Municipality of Anchorage were the only two municipalities with ordinances regulating pawnbrokers still on the books. The City of Fairbanks repealed its regulations of pawnbrokers effective July 1, 2011. It is my understanding that there currently are no pawnbrokers within Kenai City Limits, Your consideration is appreciated, L 1t'oui5cil1'v#en o\P- ,)wnBrokers; 03012 7 THIS PAGE IS INTENTIONALLY LEFT BLANK IW7 ISIMAI. ALASKA \` �` Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2655-2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,829 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $15,131 for the time period of .July 1, 2012 to September 30, 2012, and 'these funds are paid out of the Police - Overtime account; and; WHEREAS, the total Kenai Police budgeted BHP overtime for FY13 was $3,302; and, WHEREAS, the Police Department is requesting the appropriation of $11,829 ($15,131 actual, less $3,302 budgeted) to the General. Fund, Police Overtime account to cover unbudgeted overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Police $11,829 Increase Appropriations: Police - Overtime $11,829 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21yI day of November, 2012. ATTEST: Sandra Modigh, City Clerk �M Approved: by Finance: r 9 PAT PORTER, MAYOR Introduced: November 7, 2012 Adopted: November 21, 2012 Effective: November 21, 2012 \\ '� KENAI, ALASKA � �� ����� �� �� � � � ' ''~-/ °~~-/ ^~ ,~", °vv �,~p°^«/ ° ^ MEMODa 710Fida|go Avenue, Kenai, Alaska 99611-7794 bEftid Telephone: 907-253-7535/FAX� �9O7-7O3-3014 o� mm IV JO� Rick Koch — City Manager DATE: 10131/12 SUBJECT: Ordinance 2655-2012 requesting appropriation into Police — Overtime Since July 4, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (8HP) traffic team. The State nf Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime io paid out ofthe CityofKenaipV|ice - ouertirnm account, which iS now significantly depleted. Asuf October 1.2812,BHP funding has ended, and our officer has returned tu work within the City, BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kanai — Genera}Fund, Actual BHP overtime costs for the Kenai �BHP officer for the first three months of this budget year (July 1tn September S8.2Q12 ) are $15131.02. The FY13 Police ~ Overtime account was budgeted $3`302 for the BHP Ufficer. Actual expended BHP overtime (July in September, 2O12>: &15.131,02 Total budgeted BHP overtime for FY13: Amount requested iUappropriation: 1 am requesting an ordinance appropriating $11,829.02 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from July to September of 2012. '4 < Sponsored by: Council Member Boyle CITY OF KENAI ORDINANCE NO. 2656-2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070, LIVESTOCK WITHIN THE CITY LIMITS, TO EXCLUDE FROM THE DEFINITION OF -LIVESTOCK- A LIMITED NUMBER OF CHICKEN HENS TO ALLOW FOR THE KEEPING OF A SMALL NUMBER OF CHICKEN HENS IN THE CITY AND AMENDING SETBACK REQUIREMENTS FOR CHICKEN CONTAINMENT STRUCTURES WHEREAS, the keeping of chicken hens within the City of Kenai is not currently generally permitted by the Kenai Municipal Code except as may be permitted on certain lots of 40,000 square feet or more; and, WHEREAS, City residents have expressed an interest in keeping chicken hens as pets and for purely domestic (not commercial) purposes to provide their families with a supply of fresh eggs; and, WHEREAS, the City possesses the authority to regulate the keeping an harboring of animals within its jurisdiction and has previously adopted ordinances in Title 3 of the Kenai Municipal Code; and, WHEREAS, a relatively small number of chicken hens can be maintained within populated areas of the City hi reasonable densities without causing a nuisance if the hens are properly located, managed, and maintained; and, WHEREAS, in order to reasonable allow a limited number of chicken hens to be kept an smaller City lots, changes to the set back requirements for animal containment structures is required; and WHEREAS, keeping a limited number of chicken hens for pets on other domestic purposes may benefit many City residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limits. ISLAy-Text-UnecrImcd; DELETED TEXT BRACKETED) 11 Ordinance No, 2656-2012 Page 2 of 4 ( a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock, other than bees, may be kept on lots of forty thousand (40,000) square feet or greater. No livestock shall be allowed in the RU, RSI, RS2 or TSH zones, Animals raised for a far-bearing purpose are not allowed in any zone. Beekeeping will be restricted as described in subsection (g). (c) In this section "livestock" is defined as the following animals: 11) k Cow (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) More �than I �2c C]hicken Hens (15) Turkey (1:6) Rabbit (17) Honey bees (Apis mellifera) L181 Rooster (d) (1) Except for the RSI, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the City's schedule of fees adopted by the City Council. (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-1-i, -No- Tcxt!Jnde-1i-ned; PELF ,TF1) TEXT BRACKFTED! M Ordinance No. 2656-2Ql2 Page 3of4 Future Farmers nf America, or Boy/Girl Scouts oo lots not otherwise eligible under this section. The permit shall state the duration oJthe permit, which shall not exceed two (2} years, and the type mid number of livestock to be kept, The Chief Animal Control Officer may impose conditions no'the permits a* reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3of the Kenai Municipal Code, Appeal nf issuance oz revocation of a permit may be made in writing to the board of adjustment, A permit may be renewed following written notice and reasonable time for comment to the *—wioiug property owners. The City may charge a permit fee, which fee shall bcanset forth i1z the City's schedule nf fees adopted 6y the City Council. (n) Lots oxz which livestock are kept orthe effective date of the ordinance nudifiud in this section which xzr not rl �� e�� for the keeping o� o fGveozuu k ooc|er this meonoo shall be considered u non-conforming use of land under }OMC 14.20^850. No new or ceplaonozeotlivtutucicoaaybo&cI7torintzndnccdnoxochlotoaƒterOhVeffeotivedatcoI the ordinance codified in this orctomz. Offspring of livestock uIlovrwd as n nor,- conforming use under this section may lbc kept oosuch lots Only until they are old enough 1ol.ertlncahn(1toa site conforming bo this section or outside oƒ the city limits. (8 Except au set forth {o subsection /�| ,bolnv�,coro�v'pcz\�,�oltboo/ oo*I>w or ot}zts animal cnobirzouozzt oLruchanua onam1 have * zzicdzoocu motb*olc of 1nvority-lhnc feet (%6') from the property's side yards, fifty feet (50') from 'the front yard, and tczz feet (10') fruz: the back yard. All animal cnotu«um:o1 structures must be secure and bu good repair. fg) Pens, hutches, coops or other appropriate containment structures used to contain twelve( 12) or less chicken hens must have a minimu p, setback ol five feetM from the proper�ys side yard, fifty feet (50� from the front vard, and five feet (5� from the back vard. All containment structures mus! be secuKg_�and �inogd_n1p4r [(G)ljW @o person may keep honey bees, &pinuzo1liferu`iou manner that io izzcozzoiotazt with the 8aOonizqg requirements or that is incnouioh:ot with any eUarr section of this code, (l) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with People oo adjacent property, Ib that end, colonies shall be situated at least twenty-live feet (251 from any lot line not io common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (8') above ground level; or placed behind a fence at least six feet (6') io height and extending a1 least ten feet (l0') beyond each hive iuboth directions. (2) No person o6ulkeenzuonet6en four (4) hives on a lot of ten thousand (l0,00U) square feet nrsmaller, nor shall any person keep more than one /l\additional hive for each additional two thousand four bozz6nc6 (2/400) wgoarn feet over ten Uzocmnod (10,000) on lots larger than ten thousand (l0,UUU) uguooe feet. New Tf.XL Underlined; CKETED) �� m� Ordinance No. 2856-2012 Page 4 of 4 C3\ It shall be a violation for any beekeeper to keep a colony or colonies in such a manner oriz such ud6oI)owitioo as to cause any unhealthy condition to humans or animala. (4) Beekeepers shall take appropriate care to best management practices when transporting hives of bees. Bees being transported shall have motrzozno ucuecoa urbe secured under netting. (5) The term "hive" as used in this section means the single structure intended for the housing oIx single bee colony, The tnzzu«oolooy"ms used in this section means u hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. t[E)J /\ person seeking relief from the provisions of this xetbno may apply for « conditional use permit under }IK8<Jl4�2O�15O^ Section 4, : If any part or provision. ul this ordinance or application, thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy ir; which this judgment shall have been rendered, and shall not affect ur impair t}zeva8ditvofthrnozueir\dornftbiotitlooz application thereof tU other persons orcircumstances. The City Council hereby declares that it would have enacted the remainder uIthis ordinance even without such part, provision, orapplication. Section 5, Effective Date: Pursuant tnKM�C 1,15.070(D` this ordinance shall take effect 3V days ofteru6opbuo. PASSED BYT HE COUNCIL 8F THE CITY OF KD08I, ALASKA, this 2l° day of November, 2012, Sandra Modigh, City Clerk BAT PORTER, MAYOR DELETED TEXT 0� m� Introduced: November 7'20l2 Adopted: November 21, 2012 Effective: December 2l,28l2 flli&Oe WA 9, P~~ t' ^ Fa �ure "' � N E, AL/10o ^� � ZlUFid&|g0 Avenue, Kenai, Alaska 99611-7704 T8|8ph8De�8O7-2�3-7���/F/�����7-2-��14 � � °` \�K lliW TO: City Council � FRONI: Rick Koch, City Manager � DATE: November 15, 2012 SUBJECT: Ord inance No. 2656^20112, Amendment tmKMC 3'1O.070 The purpose of this correspondence is to provide information regarding the above referenced proposed ordinance. Administration received questions from Councilors regarding this ordinance and was asked to be prepared to speak at the November 21, 2012 Council meeting. The following are answers tu the questions $/e have received: How many applications for a conditional use permit for chickens have been filed in recent history? In the past five years there have been no applications for a conditions) use permit to house chickens, It is important to note that lots a' 40,000 square feet and larger are allowed to house livestock given conditions provided in code. There are a number of properties 40,000 square feet and larger that have chickens without conflict lm surrounding properties. Does the Administration believe that allowing mp0$12 chickens mm any property within the City wiH negatively impact the City's omgoin0negativ*-b*zr~bnteractiommmitigotimn measures? To answer this question requires some degree of speculation covering a wide-range of possibilities. The short answer is "it depends' ! believe that in some instances having uphc12 chickens on any property will negatively impact the City's ongoing negative-bear-interaction mitigation measures, I believe this is best iltustrated by citing potential examples, Example Number One�� A property owner has 12 chickens nna lot less than 48.O0Qsquare fso{ in subdivisions either north nr south nf the Spur H\ghvvay.batwxspn ��arathonRoad and Svvire; Road. Thechickononopandchiokenyandieeno1uoedb only s four ie six-foot high chicken wire fence. This is an area in which we have seen increased negative bear activity over the past five years and ! would guess there could easily bea problem usa result of the chickens attracting bears. ` �� m� property owner has four chickens ona 1(lU0Q square foot lot o:o$ed on 4" Avenue west o1 Forest Drive. The yard in which the chickens are kept has u six-foot h�h sight obscuring han»earound the pe'inmeb+ruf the prope�yand the chickens and coop are m/i~hin aoix-foo\highuhiokonvir*fenuemithinthebach?ard|nth|xoxanp|e.giventha|ocotion. lack of' history nf negative-bear interactions, the small number of chickens, and the type of fencing around the property, there would not likely beoprub|snoaoa result nf -chickens attracting bears- Because 1he000reuo0enyvariab|uuinnunudahhydhinqueotion.Administration ' the prucaaathatisa|readwinplaoe,iheoonditiona|uoepnocennwhichoon9idersindivid' | circumstances. Are there any concerns from either law enforcement or animal control personnel? (Whether chicken and their associated paraphernalia being a bear attractant, neighborhood nuisance due hm odors mr sound, eto.)7 Yes, there are concerns about each of these items, Again, it is difficult to be specific because each instance will be different, at a minimum the following criteria should be considered: 1, Specific location, 2 Lot size, 3i Comments from Neighbors 4. Type of enI-losure(s). If the ordinance should be enacted, does the Administration desire to see amendments for the purposes of regulation? If so, what? Yes. The Administration is not prepared to offer amendments at this time. We are unaware Of the scope of the problem that is the catalyst for introduction of the Ordinance so it is difficult to recommend a solution. Internally we have discussed the Ordinance, and the following are a few of the comments: 1 Identify the problem with the existing conditional wsepmcess. 2. Number 0f chickens should be less than twelve, 3. Minimum lot size should ba20.B0U square fee" 4, Neighbors should have an opportunity tocomment, 5. The number of chickens could be tied t0 lot size, G Properly zoning should baaconsideration. |n summary, | believe itin important id note that there have been nn applications for conditional use permits for housing chickens, nor has Administration been made aware of any problems with onnu||er-|nt property owners in Kenai desiring tn house chickens. |faproperty-owner desired tn house chickens . the City staff/Planning staff would assist them through 'he conditional use permit process. K Council desires tn more fully consider this legislation, Administration -aotsUvstthe Ordinance be postponed and transmitted to the Planning and Zoning (P&Z) Commission so that a comprehensive discussion may be undertaken similar to the bee-k*epin' �ordinance, and P&Z can provide recommendations and comments t*Council, r Fro mU* MEMOO TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: November 14, 2012 SUBJECT: ORDINANCE NO, 2656- 2092 — AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070, L "VESTOCK WITHIN THE CITY LIMITS, TO EXCLUDE FROM THE DEFINITION OF "LIVESTOCK" A LIMITED NUMBER OF CHICKEN HENS TO ALLOW FOR THE KEEPING OF A SMALL NUMBER OF CHICKEN HENS IN THE CITY AND AMENDING SETBACK REQUIREMENTS FOR CHICKEN CONTAINMENT STRUCTURES The proposed ordinance would amend Title 3 to allow less than 12 chicken hens in any zone of the city and on any lot regardless of size. Administration was not asked to collaborate on the amendment. My concerns relating to the proposed amendment are: The public should be provided an opportunity to provide input into the proposed amendment. When the livestock ordinance was drafted, the Planning & Zoning Commission held multiple work sessions wherein public comments and concerns were heard, The Commission also received guidance from the Animal Control Officer since that department regulates and manages Title's, To provide the opportunity for public participation, it is my recommendation that the Council ask the Planning &Zoning Department in collaboration with the Animal Control Officer to review the proposed amendment. The proposed amendment under section'KMC 3.10.070(g) provides setbacks for containment structures. Depending upon the type of structure, a building permit may be required. If a building permit is required, under KMC 14.24.010 setbacks for zones must be met, Is it the intent of this ordinance to provide an exception to the zoning ordinance? Ordinance No 1864 -2000 which became effective on August 19, 2000 provides an avenue for individuals who cannot meet the standards in the ordinance to apply for a Conditional Use Permit To my knowledge, no one has ever applied for a Conditional Use Permit. The existing ordinance was approved after an extensive review of existing conditions, lot sizes, types of livestock and with several meetings including a joint work session of the Council and Commission. The ordinance appears to be working effectively and provides an avenue for exceptions, i.e, the conditional use process: It is not clear what the motivation for this proposed change is; however, it is my recommendation, at a minimum, that administration be given an opportunity to review the proposed amendment and identify possible concerns. And that if Council decides to proceed with consideration of the amendment, that they provide an avenue for pubic input in the process by sending the ordinance to the Planning & Zoning Commission for review. m ME ST "ZfE Department of � _k'a-' IN�JLI_L DIVISM OF wiLDLIFF CONSERVATION Soldotna November 15, 2012 Mayor Pat Porter 210 Fidaigo Ave Kenai AK 99611 Dear Mayor Porter, 43961 Ka➢fornsky Beach Road, Sune B Soiootna, Alas <a 99669 -8276 Mo r : 907.262.9368 Fax 907.262.4709 It has been brought to our attention that the Kenai City Council will soon take under their consideration a possible city ordinance -revision that would allow chickens to be housed and maintained within Kenai residential neighborhoods. White the Alaska Department of Fish and Game (ADFG) neither supports nor opposes such air ordinance change, by your request we'd like to offer City Council some insight and advice regarding the possibility ofincreased itumanlwildlife conflict issues that may arise from their doing so. The City of Kenai, due to its coastal location, immediate proximity to salmon producing rivers and streams and the adjacent 19 million acre Kenai National Wildlife Refuge, is frequented regularly by both brown and black bears: in 2004; ADFG responded to over 100 complaints from residents of the City of Kenai concerning nuisance bear activity. That number did not reflect calls made directly to the Kenai Police Department or State Troopers. Due to the high number of negative interactions taking place and the resulting public outcry, a collaborative community effort dubbed the Wildlife Conservation Community Program (WCCP) was initiated in 2005. The program was driven by private landowners, the City of Kenai, ADFG and other program partners with the express purpose of providing educational information Enid installing and maintaining bear- resistant garbage containers to help reduce the availability of a major human- caused bear attractant. The overall goats of this program were (and still are) to foster better stewardship of our wildlife resources, create safer neighborhoods for people and wildlife and to decrease the amount of State and municipal agency time spent responding to complaints concerning nuisance wildlife within the community. While there's still room for growth in the city's WCCP success (particularly in the area of non -bear resistant waste disposal storage methods currently used) the City of Kenai and its citizenry are to "lie applauded for being conservation - minded and forward thinking. During 2012, . citizen complaints to the Soldotna office of ADFG regardin g undesirable bear activity were at their lowest level in years. We believe this is due in large part to the ongoing efforts of community -based programs (WCCP), efforts by the Borough to maintain hear resistant waster transfer sites as well as individual citizen and collaborative neighborhood mitigation efforts taking place around the Kenai Peninsula. in � \ Mavor Pat Rover 11/15/12 Aside from u0000urcd .the kccoo&uf unmolested, unsecured poolh-7 and other livestock and feed isa meter cause o"rouuyoc 've bum|600000iotczmutiuos iuund around rtsi6cubullydeveloped areas bwrunntbc|�uoz�P���uoulu�(Joj��o/�:o,6 car predation ou easily accessible pooltzy and feed within residential nciohborhoods 17CSLAS in higher levels ofsne and hunnan-gencrated food conditioning iutbosohcuz,vvbicboanyoaaGytcsuslu1niotoozuacccptuhlybiuberl:vefsofbuozuobahituuiub.Tbn remdtsofthis process Carl beequally unacceptable bterrnsofthe increase iopublic saftetv concerns- less tolerance for bears iu general and the overall costs niyo>perrydaxuuAm and loss, Anchorage recenfly passed aoordinance that allowed the keepinn orchickens within residential ncignborhoods and that,,, was x marked increase io bear activity around sites where chickens were kept inuo unsecured oiu000r. ltiy our understanding that the Anchorage City Council iormv|cvvb/,the revised ordinance and roay reconsider its position, Io short. should thm' City Council aplo ove this, allueo6on:utto the livestock ordmance, advise Kenai that !hey give careful consideration w all nf the possible lnog-tcmz consequences ufUoiagso. To reqLure a carefuliv constructed and well maintained electric fence system for each application is one alternative (hcyo6Q6�0000�dcx�T9:wooldhnbup�y\n�ruv�dcfbrtbcria{houb1iou�nuvuou�lbothe efficacy n|a well constructed fence system should they ondesire. In the meantime. [`v:uJxoh:do ouup!:0fpbu*n^il)uo1zu/iogw\a1oaubanmcmtmuou:ueouccd]ivostookboldioAfaci|iny.Iboputhis information helps you as you make a decision. Please fee] free to give us a call for further information or assistance. LaiTy il, Lewis � Wildlife Technician V Mal mim at ��� � �, 7oz�r � r� ra "� rr��s � ���'r � P , ��n��df4� �x�' F. ',�,"'j`t �3tFS�rj'�,r ' �x y y � ;Afie) } k. .,H�s����s�f�' r..,. `�, a &.� >fla �> E 3�� �. ��� �; .� f i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF A TRACKED LOADER WITH A PALLET FORK. ATTACHMENT AND EQUIPMENT TRAILER. FROM CRAIG TAYLOR EQUIPMENT COMPANY FOR THE TOTAL AMOUNT OF $56,964.75 WHEREAS, the Parks & Recreation Department is in need of a tracked loader with a pallet fork attachment and trailer to facilitate the construction of future; trails; and, WHEREAS, funds for the purchase of a Tractor and Attachments for Trail Construction were appropriated in the amount of $30;000 by Ordinance 2646 -2012 and the remaining funds are available in the Trails Construction Capital Project Lund for the purchase; and, WHEREAS, KMC 7.15.050() provides for the purchase of supplies, materials, equipment or contractual scn ic.e under the contract of another governmental agency in which the City is authorized to participate; and, WHEREAS, the City of Kenai has utilized the Alaska Department of Transportation &, Public Facilities' (ADOT /PF) Equipment Fleet purchasing contracts on many occasions; and, WHEREAS, ADOT /FF has undertaken a life- cycle analysis in determining the lowest cost over One life of the equipment; and, WHEREAS, the ADOT /PF Equipment Fleet purchasing contract expires December 31, 2012, and the expectation is that the re- bid /re- negotiation will result in increased pricing; and, WHEREAS, the purchase of a tracked loader with a pallet fork attachment and equipment trailer from Craig Taylor Equipment Company under the ADOT /PF Equipment Fleet Contract is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, authorizes the purchase of a skid -steer loader with a pallet fork attachment and equipment trai'cr from Craig Taylor Equipment Company for the total amount of 356.964,75. 27 RESOLUTION 201.2-63 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA, this 21st day of November. 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: —74--5r_� PAT PORTER, MAYOR 28 NVII � "'Villaye wdk a Ci wA a MEMOO0 71OFida|gO Avenue, Kenai, Alaska 99611~7794 T8!ephnO8�907'283~7535/FAX: 907-783-3014 ,m SUBJECT: Purchase of Now Compact Tracked Loader & Equipment Trailer Purpose of this report is to request approval to purchase a new tracked loader (Model T650) with 8 pallet fork attachment and trailer. Purchase would ba made locally through Craig Taylor Equipment Company. This purchase would he made "piggy backing" the State uf Alaska Department 0f Transportation and Public Facilities (AD[}T/PF} Equipment Fleet Contract Awards prograrn. This proQraon, through acoropetitive process, vvasdesigned tudeternniue the mvera|llowest cost through the life uf the equipment, Craig Taylor Equipment Company isan approved vendor, TheADOT/PP Contract Term for a tracked loader and trailer is set to expire December 31, 2012. |tlsrny expectation that the re-negotiated term of contract will include price mcreases. The tracked loader will facilitate the construction of future traits throughout the City and enable the crews to complete other field work more expeditiously. Throughout the summer 2Q12,u tracked loader unit was rented one monthly basis at a cost ud$2/D0U per month, The new unit would be used annually for o variety ofpurposes, No new appropriation b required to complete the purchase, The 'FYl] budget (Ordinance ZG4G-2QIZ) includes 5SD88Q within the Trail Construction Capital Project Fond(&ach|nery& Equipment) for the purchase ofa tractor and attachments. The remaining balance nf$6'95435 would come from the Trail Construction Capital Project Fund (City-wide Trail Construction). Attached is some information detailing the State's Equipment Fleet Contract Awards along with some general specifications for tracked loaders with attachments and equipment trailers, Attachments ��� "~* State Equipment Fleet, Transportation & Public Facilities, State of Alaska sage i of 3 Lan error occurred while processing the directive] i iajKiC< D parlITI ta£ u: t` €''MstIOW 10ml t FILblic r c;Ikt e `,ate Equkpfrt:nl Fleet [an error occurred while processing this directive] . c.'fF! > �E St-,', cc .als2; > `law - pt-nert, I'leel, `i,EJ )> Contract Awards �`vyi -vi.lik Last Updated March 15, 2012 x' composite image. of State of Alaska Equipment Photo credits: Arten Rupert, Brian Flaherty, Robert Greene, Drew Motsinger, and Pete, Kristcliar Alaska DOT &PF Now These contracts are for the sole use of the State Equipment Fleet, the University of Alaska, Alaska Housing Authority or qualified government entities (such as the Municipality of Anchorage). They are published for our customer's information only. Any questions should be directed to a p wchasin, CONTRACT BID CONTRACT TITLE VENDOR PRICE AWARD NO. NO. LIST 2., t? 690 Contract for I, latbeds, Lift Gates, Cranes, Bob's Services Inc. r !/20! i I Expires 11/30/2012 Compressors. Mite items { `S 16 8 I k 2 AER Rental. Sales Expires 1 /5 /IS 1587 Contract for ASP Wheel Loaders p &.Service CA Expires 1687- 16'87 Contract for AlP Motor Graders NC Machinery f /2 11, 1685 Contract for Police Vehicles Alaska Sales Zxpires 11/20/14 i r,>5_ i2 1685 Contract for Police Vehicles Kendall Ford Expires 1 1 /20/14 lr'2 i 11 679- 12 Expires 72131/2412 1679 Contract for Compact Skid Steers, Compact Craig Taylor Renewals Tracked Loaders and Equipment Trailers Equipment Exnirel2 /31/14 1666 Contract for 38,000 GVW 4x1 Trucks with Casaadia Expires 11/30/2012 Optional Stellar Hooklift'System and f3ooklift International �i 1 31 hitp: // fiee t.alaska.gov /sef /awards.shtml 11/14/2012, State Equipment Fleet, 'Transportation & Public Facilities, State of Alaska Page 2 of 3 (,'A i a , -! 1 Expires 3/4/12 Bodies Oshkosh ;6.�'It- t I - 1 363, Contract to Purchase and Install Safety Yukon Equipment Expires 9/12/12 Equipment Alaska Safety 03;?(i,2 CA16k� 1536 Contract for 4x4 Carrier Tractors -AIP Yukon Equipment Expires 8/15/12 Renewals Expire 1616 Contract for 6x6 Plow Trucks T railerCraft Inc, 8/15/14 Trailers Equipment i CA 1612- i Expires 2/28/13 1612 Contract for Self-Propelled Street Sweepers Craig Taylor iz,0 10 159 s -12 Contract for AIP Motor Graders 1427 Expires 112 Renewals Expire 1595 Contract for Wheel Leaders Civil ()K20 l 11/7/14 1417 Contract for AIP Towed Airport Runway Yukon Equipment 05/2011 Expires 1120/12 Cradling Brooms for Rural Alaska Airports Expires 10/ 16/12 Renewals Expire 1591 Contract for AIP Plow Trucks and Sanders TrailerCraft Inc. 10/16/14 Contract Distribution ( A 5N E 1 ] 9/12 Expires 1/ 1 1583 Contract for Agricu Itural Tractors Yukon Equipment CA i 57Q- € i 1579 Contract for Steam Generators, Van Body Statewide Expires 5/2/12 Mounted Petroleum 157��-! i-I i Expires 1/29/13 1578 Contract for Material Spreaders Bob's Services U2 (I 7 � - 1 1 Expires 1/29/12 1578 Contract for Plow Trucks and T Tractor Trucks Caseadia International Options (,'A i a , -! 1 Expires 3/4/12 1545 Contract for 3,000 Gallon ARFF Trucks Oshkosh ( A ' 5-r-1 - i' 1 1537 Contract for AIP Carrier Mounted Snow Yukon Equipment Expires 3/1/12. Blowers and Brooms 03;?(i,2 53 6 10 i Expires 7/9/13 1536 Contract for 4x4 Carrier Tractors -AIP Yukon Equipment 1515 Contract for Belly Dump and Side Dump Yukon Expires 7/11/11, Trailers Equipment i Expires 4/18/12 1500 Contract for Motor Graders NC Machinery iz,0 10 Contract for AIP Motor Graders 1427 Expires 1/29/12 (47,000 LB. Operating Weight) NC Machinery ()K20 l 1417 Contract for AIP Towed Airport Runway Yukon Equipment 05/2011 Expires 1120/12 Cradling Brooms for Rural Alaska Airports NN) 1 , 1 2 1242 Full Service Fasteners and Shop Supply Barnes Expires 7/9/11 Contract Distribution * Pricing is in Contract Award Document * http://fleet.alaska,gov/sef/awards,shtmi 32 11/14/2012 Tracked Loader October VO'2O|1 It is the purpose o[ this specification tu describe a new, and of the manufacturer's latest current model and dosign d�w*Tpowered, sNd'n(eorloader wMhuKavhm*Maincluding: ` Quick Attach System General Purpose Dirt Bucket Snow Bucket 6-Way Dozer B|ade Angle Broom with Water Kit Auger System Snow Blower Rotary Brush Cutter Brush Shredder Mower Attachment Pallet Forks To include all standard equipment and accessories as advertised in manufacturer's current model year specification sheet nf model offered, unless otherwise specified heroin. APPLICATION: General purpose useL Varying terrain and weather conditions to minus 40 degrees Fahrenheit, DOCUMENTATION REQUIRED: One (1) copy of manufacturer's product brochure tobe provided with bid po*nall In addition, specifications marked with an asterisk l') require supporting documentation, which indicates specifically what the bidder intends k/ supply in regard 8» said items and/or how specifications will be met. !n order V,Ao| prevent technical nnors,following each asterisked io space that may bo used to address all ofthe nstehahodr |fis{e �L��d�ha1a|e��ernfo!orifi:a1innQi1hoapacebohindtheasteriokodi1emsbousedtosupp<ytharequiritems. information. You may use the area behind the asterisked item to refer toapmdno1 brochure, manufacturer's - technical data sheet, n, letter nf clarification, which indicates specifically what you, the bidder, intend tu supply in regard to said items andlor how specifications are met. Also refer to paragraphs 10 and 11 in Section i — Instructions toBidders. TYPICAL Units: BOBCATModef T6Q0cwCASEVWode:450CTor CATERPILLAR Model 2@BCnrJOHN-DEEREModeV@2S0, Provided all of the following minimum speciftations are met, 1.8 pOYYERTRAUN: Engine 1.1.1 Diesel Engine must conform to all Federal Emission Standards as set for 2012 model year diesel engines, 1A.2 (^� Diesel Engine, liquid cooled, 4 cylinder minhnom` turbo charged, developing eminimum 74.3 Horse power, 11.3 Air Intake Syuten` 1.1.3.1 To include dual element system, minimum. 113.2 Air filter restriction indicator, clearly visible from operator's station. 1 AA Coolant: To include -permanent type antifreeze protection to minus 80 degrees Fahrenheit. 1A.5 Block Heater: To include 118'«nrt immersion heater. / Section I// - Specifications Q4/879`/2—Compact Tracked Loaders and Skid Steers Page 5n/f4 ��� ww 11.7 Engine must at a minimum meet or exceed all EPA Emissions standards 1.2 FueL 12.1 Diesel Fuel 1:22 Tank Capacity minimum 19 gallon 2.0 DRIVE TEAR 21 Rubber OEM tracked drive system. Aftermarket tracks added to skid steer design tires are not acceptable. 2.2 Drive system to consist of hydrostatic primary with a pear and /or chain final. 2.3 { ";i Standard Track width 12:6 inches 2.4 WIDE TRACK WIDTH (Optional item Pricing is raguired. Refer to Section hf — Bid Price Schedule. t Track Width 17:7 2.5 (`; Ground Pressure to be a maximum of 5.8 PSI w/ 12.6 inch tracks, 4.1 with 17.7 inch tracks 2.6 Length of Track on Ground: 59" (inches) minimum 2.7 r) Travel Speed: Five (5) MPH minimum, forward and reverse. Single or dual speed selection range is acceptable (6.6 mph) 3.0 H`tDRAUli 3.1 ( °) Hydraulics; minimum flow of 30 GPM, to properly operate all attachments provided by the units manufacture and future attachments. (30.5 GPM) 3.2 All controls to be at operator's station. To be dual -hand operated. Foot operated or "T -star" types are not acceptable. A rocker switch lock out control option to lock out toot controls and move this function to hand controls would be acceptable. 3.3 Bucket hydraulic controls to include self- leveling (up minimum) and float functions. 34 Filtration: T o include replaceable, minimum 10- micron, non spillable canister type filter element. 3.5 Hydraulic cylinders are to be double acting. 4.0 PERFORMANCE: 4.1 ('J Tip Load: SAE rated 7343 lbs. 4.2 {* Operating Capacity at 50°f of tip load: SAE rated 3672 ibs 43 Additional or optional counterweights are riot to be used to meet performance requirements. 5.0 ELECTRICAL. 5.1 Battery(s)r Minimum total of 850 CCA at zero degrees Fahrenheit. 5.2 Alternator: Minimum 70 amp. 53 Work Lights: 5.3.1 To include two (2) each front and one (1) each rear work lights, minimum_ 5.3:2 Lights are to be shock mounted. 513 To be Individual single front and single rear light switch operated from operator's station. 5.3.4 Engine compartment light. 5.3:5 Dome Light: Operator's compartment, separately switched. 5.4 Strobe Light: 5.4.1 Root Mounted Strobe Light: To be WHELEN Model S360D or Whelan L31 LED strobe with amber lens. 5.4:2 To be separately switched with "HIGH /OFF /LOW" from operator's station. 5.5 Horn Electric, To be manufactures standard. Section Itt Specifications CA 1679-12 — Compact Tracked Loaders and Skid Steers Page 6 of 14 34 5$ Back-Up Alarm: To be manufacturer's otandard. 6�0 CAB: GJ OEM EROPS (Enclosed Roll Over Protection Sy71um). 6.2 Front deor to be easy attach/detach without tools. A slide-up design is acceptable. 6.3 Windshield Wipers: Front minimum. 64 Heater, mininnum1J.0O0 BTU, with dnfn»xemL 66 Air conditioning. 6.8 Operator Seat: 6.6.1 Scissors style suspension and adjustable lumbar support. (air suspension would be acceptable) 8,82 Seat belt, three (3)|noh wide, with aon|b|aalarm. 6,8�3 Operator safety bar. 57 Rear view mirror, interior, tobe wide angle. 7.0 INSTRUMENTATION: 7.1 Any and all gauges that show pressures, temperatures, etc., are to beln U.S.A measurements such as PSI, Fahrenheit, etc, 72 To include ama minimum, in the operator's Compartment: 7,21 Fuel level gauge or bar graph, 72.2 High engine coolant temperature gauge or indicator light, 723 Low engine oil pressure gauge v' indicator !ighL 72A Ammeter nr voltmeter, gauge o, indicator light, 7Z5 High hydraulic oil temperature indicator light. 72�6 Hour meter. 8.0 TRAINING: (Optionai item Pricing is reauired. Refer to Section IV — Bid Price Son i Bidder k/ provide a qualified instructor, after delivery and acceptance hy the State, to, a minimum ofeight (0) hours mechanical and operator training ak the ao4igoodlocation, 02 The State contact will he listed on the Purchase Order. 03 To include a minimum of four (4) hours of operator training including the following, as a minimum applicable agenda: 08.1 Operating procedures per operating manual. 8.82 Break-in procedures. 0J.3 Equipment limitations, 0.3.4 Operator maintenance. &3.5 Before operations checks and lubrication 8].6 Safety. 8.3.7 Cold weather operations. 8,3.8 Jump starting. 8.88 Welding onoquipmenL 8,3,10 Towing or transporting equipment, 8,3,11 instruments and controls. 8�3,12 Gauge interpretation. / Section ///'Specifications C47679'12— Compact Theubeo Loaders and SkicStarers Page 7of/4 r�� wv 113,13 Equipment operation, Do's and Don'ts. 8.314 Attachment operation, Do's and Don'ts. 8.4 To include a minimum of four (4) hours of mechanics (Journeyman level) training including the following theory, trouble shooting, and test procedures for, as a minimum applicable agenda: 8.4.1 Electronics. 8,42 Electrical. 8.4.3 Hydraulics. SAA Air system. 8.4.5 Drive train. 8,4,6 Engine and transmission electronics. 9.0 PAPER PUBLICATIONSt 9A Paper publications as specified in Section I Item 8,0 10.1 Electronic publications if available shall be either on a disc format or the ability to access securely online. 10.2 The electronic version shall have all the required information as the paper manuals as specified in Section I Item 8.0. 11.0 MISCELLANEOIUS: ?,1 Joystick Control Option if available. (price separately as an option but will hot be used for calculating award. 112 Weight Scale Ticket; To be provided with MSO and invoice, 113 Winterization: Entire unit shall be winterized to provide satisfactory. Performance In temperatures to minus 60 degrees Fahrenheit. 11.4 Paint: Manufacturer's standard with appropriate primer, 11.5 Inspection: Inspection for compliance with specifications will be conducted at the FOB point 1.0 ATTACHMENTS For standard Skid Steer Machines: 1,1 Quick Attach System: To be OEM, hydraulic or mechanical operated. 1.11 To include the BOBCAT "Bob-Tach" system or similar. 1.1.2 General Purpose Dirt Bucket Attachment: (included in base price of either machine) 1.1:2.1 OEM heavy -duty bucket with bolt-on replaceable cutting edge. 1,12.2 80" HD Bucket with bolt on cutting edge. 1.1.2.3 Heaped Capacfty: 19.1 Cubic Feet 11.3 Mounting: 1.1,3.1 Unit to include same quick attach mounting system to the host unit as the other attachments. 1.2 Snow Bucket Attachment: (Optional item Pricing 6s required. Refer to Sect! Schedule.) 121 Provide manufacturer's brochure with bid package. 12.2 OEM heavy-duty show bucket with bolt-on replaceable cutting edge. 12.3 (') Width: 80 inch snow & It material bucket w/ bolt on cutting edge. Section /if - Scecifications CA 1679-12 — Compact Tracked Loaders and Skid Steers Page 8 of 14 36 1.14�3 Cutting Height Range: 2 inches tu55inches 1144 Mounting: Unit to include same quick attach mounting system as the host unit as the other attachments, 1.0 EQUIPMENT TRAILER (STATE CLASS #61 I-SKID): Bid Price Schedule.) 1A biothe purpose n( the following specification to describe a minimum 1288Opound payload capacity, tandem axis trailer, equipped with ap|n1|a hitch, capable of safely �raxoyo�inOthe skid steer loader along with, xsu minimum, the bucket, sweeper broom, and rotary brush ou8or� 12 ('> Highway Application: Must be capable ni carrying a minimum 12.0O0 pound payload at85W19M� 12 Pintle Hitch T railer: Lunette eye (pintle hitch) N include multiple height adjustment settings from 1Dto 26 inches, minimum. 14 Overall Trailer width, 182 inches maximum. 1.5 Deck length, 18 feet minimum. 1�8 Wood (8r) decking with minimum nominal thickness uf two (2|inches. ���� � F� `/ /nnuvorn mum' |5> each side, mx inch diameter, 'c' rings, ten (10) total, evenly spaced from front !nroar 1'8 Fold-up ramps to be self supporting such as built in stabilizer legs being an integral part of the name. 1�8 Tongue Screw Jack: 10.O88 pound minimum capacity, folding, with crank, 1.10 Headboard, steel construction, running full width ofdeck. 1,11 Tool Box: Heavy-duty, Lockable, too hinged (no piano hinge), approximately 1 OHxl2Wx24L (rnchbs> or similar, for chains and binders, drain holes each bottom corner, painted inside and out including primer. 112 Axles, two (2) axles with single wheels. 118 Tires and YYbna|s� 1.13.1 Tn include five {5) each, including spare, t0 inch minimum, 1D Ply, tubeless tires with heavy- duty stoe|d|uov/hea|s. 1]:2 Mounted spare tire and wheel tohe strapped ho trailer deck. 114 Brakes: 1.14.1 Toba electric brake system nn all wheels. 1,14.2 To include breuk-a-way with, rechargeable 12 volt battery. 1.15 UgM!oD: 115.1 All marker and 'signal lighting lobeLED. 1.152 To include seven (7) pole FvILL&{Kw11-704 electrical plug with F{}LLAC{#11^763Cable Guard. END OF SPECIFICATIONS Section HI - Specifications C*/679'1%~ Compact Tracked Loaders and Skid Steers Page 14u//4 37 Item Tota€ # Unit ---------------- Descrlpgion -----AMouat to I ea. COMPACT SKID STEER LOADER $33,634:00 Per specifications 321 (incl. 80" bucket) Year, Make & Model Offered: 2012 Bobcat S650 2a 1 ea. COMPACT TRACK LOADER (12.6" Standard track width) $42,143.00 Per specifications 321 (incl. 80" bucket) Year, Make & Model Offered: 2012 Bobcat T650 3a I ea. Wide Track option for Compact Track Loader (17,7" track width) Add $9128.00 (Per Spec 2.4) 4a 1 ea. Snow Bucket Attachment (Per Spec 1.2) $1,070-00 5a I ea. 6-Way Dozer Blade Attachment: (Per Spec 13) $3,165.00 6a I ea. Angle Broom w/ Water Kit Attachment: (Per Spec 1 A) $6,943.00 Year, Make & Model Offered, 2012 Bobcat 84" Angle Broom 7a I ea. Auger Attachment: ;Per Spec 1.5) $3,083.00 8a I ea. Snow Blower Attachment: (Per Spec 1.6) $5.195.00 Make & Model Offered: Bobcat S8240x84 9a I ea. Brush Cutter Attachment: (Per Spec 1 1) $6,772.00 Make & Model Offered: Brushwolf 7800HF l0a , ea. Brush Shredder Attachment (Per Spec 1.8) $29,523,00 Make &Model Offered: Fecor BH85SS Ila I ea. Mower Attachment: (Per Spec! .9) $3,354.00 Section PV- Bid Schedule CA 1679-12 - Compact Track Loader and Skid Steers Page I of 38 Make & Model Offered: Bobcat 72" Mower 12a I ea. Pallet Forks Attachment: (Per Spec I AO) $633.00 13a I ea. TRAINING (Per Spec 9,0) $0,00 14a I ea. PAPER PUBLICATIONS (Per Spec 11.0) $0.00 15a I ea. Snow Bucket Attachment Wide Track Option (Per Spec 1.11) $1,217.00 Make & Model Offered, Bobcat 88" Snow Bucket 16a I ea. 6-Way Dozer Blade Atta0ment For Wide Track option (Per Spec 1.521 $4,167.00 Make & Model Offered: Bobcat 96" Dozer Blade 17a 1 ea, Snow Blower Attachment For Wide Track option (Per Spec 1 A 3) $5,195,00 Make & Model Offered: Bobcat SB24Ox84 18a 1 ea. Mower Attachment For Wide Track option: (Per Spec 1.14) $3,675.00 Make & Model Offered: Bobcat 90" Mower 19a 1 ea. ELECTRONIC PUBLICATIONS (in lieu of paper, Spec 10,0) $75.00 20a ' ea. JOYSTICK CONTROL OPERATION (Per Spec 11.0) $1,760.00 .LOT 2 Item Total # Unit Description Amount 2a ea EQUIPMENT TRAILER 18' (Per Spec 1,0 ) $6,503.00 Year, Make & Model Offered: 2012 Towmaster T-1 2D Section 1V- Bid Schedule CA 1679 -12- Compact Track Loader and Skid Steers Page 2 of 3 39 The actual F.O.B. point for all items purchased under this contract is the final destination of the QOT/8EF shop |n Anchorage, Alaska. Ownership of and title to the ordered items remains with the contractor until the items have been delivered a\ their final destination and are accepted by the State, Forphoing purposes, the F.O.B. point is dockside Seattle/Tacoma. With actual FOB final destination to be indicated on the purchase orders. The cost of shipping and delivery for orders beyond the limits of Seaftle/Tacorna dock will be handled as follows, The contractor will prepay ins shipping and delivery charges to any destination named by the State in its order The contractor will charge-nack those shipping and delivery charges to the State as a separate tine item on the State's invoice, All shipping cha over $100 must be documented by a copy of the actual shipping invoice and received with the invoice charge to the State, Required Delivery: Maximum 180 days after receipt of order (AR[) Offered Delivered Time: 180 Days ARO. PuD|ioabnns� One (1) set, per Section i` paragraph 88. Section IV- Bid Schedule CA/673-/2' Compact Track Loader and Skid Steers �,�A w Suggested by: Administration RMSOLLITION NO. 2012-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING ITS SUPPORT OF AN APPLICT ION FOR COMMUNITY DEVELOPMENT GRANT BLOCK GRANT (CDBG) TO CONSTRUCT HEATED SIDEWALKS AND PROVIDE STAND-BY POWER AT THE KENAI SENIOR CENTER. WHEREAS, The mission of the Kenai Senior Center is to serve as a focal point for senior sei vices and where senior citizens come together for fellowship and program. participation. Annually, the Kenai Senior Center serves over 40,000 meals to the senior population both at the Senior Center and through its home delivered mekds programs.; and, WHEREAS, the staff of the Kenai Senior Center and the Council -on- Aging, whose mission is to advise the mayor, City Council, and the Senior Center Director, of the needs of elderly in the area, recognize the need for, and fully support a CDBG application for heated sidewalks and a stand-by power generator; and, WHEREAS, the construction of heated sidewalks will eliminate a sometimes hazardous and dangerous winter condition for senior citizens; and, WHEREAS, the construction of a stand-by power generation system will provide fora safe, warm, facility for seniors to receive rneals, and other program needs during periods of power outages and other critical evenrs-, and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution its supports an application for a Community Development Block Grant for the purposes of constructing heated sidewalks and a stand -bv power generation system for the Kenai Senior Center, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2i st day of November, 2012, ATTEST: Sandra Modigh, City Clerk Ell PAT PORTER, MAYOR k!ti� ti TO: nick Koch, City Manager From: Rachael Craig, Senior Center Director r Date: November 1 ra. 2012 Reference: CDBG Grant: Grant for Heated Sidewal�s and Emergen Generator For the past few years in .ianwo, Connell on Aging has presented goals to work toward that are important to the well -being of the seniors, Two ai their goals have been to have heated sidewalks in front of the ADA parking and driveway under the front canopy and sidewalk to the front door the senior center. At the past COA meeting they approved a resolution to have the Director submit a CDBG Grant in the amount of $71,445.00 for heated sidewalks. Luring the winter months, durng icy and snowy conditions, heated sidewalks would be a benefit to our senior elders. At the same COA meeting, one of the members questioned another goal, an emergency generator, It was decided to move forward, as well, and apply at the same time for an emergency generator. The amount of the generator is $105,£375.00. This would allow the senior center to provide a safe, warm facility for the seniors during ,power outages and other emergency situations. The total of both projects is $177,320.00. CDBG Grant requires a match of 25 %; ($44,330.00). Attached are estimates for both items: r'� Kenai Senior Games 11/15%2012 Cost Estimate fo Constr c i r€ o Heated Walkways M Cost Item €lesrciption Unit Quantity unit Cost Sub -Total Mobilization /Demobilization All 1 $ 5,000.00 5 5,Q00.00 Concrete Demolition SY 85 $ 30.00 $ 2,550.00 Prepararation of surfaces SY 85 $ -0:00 $ 850.00 Installation of Heat Tubing LF 800 $ 8.00 $ 6,400,00 Concrete SY 85 $ 45.00 $ 3,825.00 Interior Piping LS 1 $ 8;000.00 $ 8,000.00 Water Heater LS 1 $ 5,000:00 $ 5,000.00 Controls /Electrical LS 1 $ 10,000.00 $ 10,000:00 Finishes LS 1 $ 5;00ao0 $ S,DOC.00 Landscape Repairs All 1 $ 2,500.00 $ 2,500:00 Misc„ oozing, traffic control, etc. All _ $ 5,000.00 $ 5,000,00 Sub -Total $ 54,125.00 Design $. inspection (20%) $ 10,825.60 Contingency (10%) $ 6;455,00 Total Estimate $ 71,445.00 M COST ESTIMATE FOR STAND BY PHOWER GENERATION N RELAT IMPROVEMENTS A T THE KENAI SENIOR 7 COST ITEM DESCRIPTION 75 KW 208V STANDBY POWER GENERATOR WEATHERPROOF ENCLOSURE IN- FRANCE FUEL STORAGE 500 GALLON DOUBLE WALL FUEL STORAGE W/ LEAK DETECTION CONCRETE PAD SWITCHGEAR INSTALLATION UNIT QUANTITY UNIT COST SUB -TOTAL EA 1 $ 45,000.00 $ 45,000.00 EA 1 $ 3,500.00 $ 3,500.00 EA 1 $ 3,500.00 $ 3,500.00 EA 1 $ 7,500.00 $ 7,500.00 LS 1 5 3,000:00 $ 3,000.00 LS 1 $ 10;000.00 $ 10,000.00 LS 1 $ 15,000.00 $ 15,000.00 SUB -TOTAL $ 87,500,00 DESIGN @ 1:0% $ 8,750.00 CONTINGENCY @ 10% $ 9,625.00 TOTAL $ 105.875.00 y KENAI CITY COUNCIL - REGULAR MEETING A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on November 7, 2012, in City Fall Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Vice Mayor Marquis led those assembled in the Pledge of Allegiance, 2. Roll Call There were present Ryan Marquis, Vice -Mayor Robert Molloy Terry Bookey Brian Gabriel Mike Boyle comprising a quorum of the Council. Absent: Mayor Pat Porter, Tim Navarre Also in attendance were. Austin Daly, Student Representative Rick loch, City Manager Sandra Modigh; City Clerk Scott Bloom, City Attorney Corene Hall., Deputy City Clerk 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. NOTE: There being no objections, SO ORDERED. 4. Consent Agenda .® MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT, Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. VINE: There being no objections, SC ORDERED. *All items listed with an asterisk O are considered to be routine and non- controversial by the council and aril 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. E. SCHEDULED ED PUBLIC COMMENTS (public comment limited to ten (10) minutes per speaker) 1. Mary Jo Joiner for the Kenai Co mmurAty rbrary -- The Alaska OWL (Online with Libraries) Project. Joiner gave a power point presentation on the Alaska OWL Project, including video clips of recent events. Paul Shadura, Kenai -- Mr. Shadura spoke about the seafood industry within the Kenai Peninsula Borough and requested the Council develop a resolution in support of the Borough completing an overall economic study of the seafood industry within the Borough. D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2653 -2012 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Citywide Americans With Disabilities Act (ADA) & Family Medical Leave Act (FMLA) Compliance Training for Supervisors Grant from Alaska Public Entity Insurance (APES) MOTION. Council Member Bookey MOVED to enact Ordinance No, 2653 -2012 and Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, t}-ere being none public comment was closed. City of Kenai Council Memng Minutes Page .2 of 8 November 7, 2012 m VOTE: YEA: Boyle, Molloy, Marquis, Bookey, Gabriel NAY: *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. OUSLi'. 2. Resolution No. 2012 -61 -- Adopting an Alternative Allocation Method for the FY13 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet Fisheries Management Area Council Member Bookey MOVED to approve Resolution No. 2012 -61 and requested. UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. Council Member Boyle requested a report from Administration. City Manager Koch referred to Finance Director Eubank. Eubank reviewed the selection process, noting the chosen process was simpler and more cost effective. VOTE: There being no objections, SO ORDERED. D, 3. Resolution No. 2012.62 -- Setting the Time and Place for a Public Hearing on the James Street and Kiana Lane Special Assessment District Council Member Molloy MOVED to approve Resolution No. 2012 -62 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Vice Mayor Marquis opened the Floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. & MINUTES 1. *Work Session of October 17, 2012 of Kenai Council Meeting Minutes Page 3 of & 1— ,cxrber 7, 2015 R7 2- *Regular Meeting of October 17, 2012 Meeting minutes were approved by approval of the consent agenda. G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified a� Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, So O , 2. Action/Approval --Purchase Orders Exceeding $15,000 Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS Cor%TSE T. Council Member Gabriel SECONDED the motion. VOTE: There being no objections,. So ORDERED. 3. Action /Approval -- Mayoral Nomination and Council Confirmation of Ann Sherry Bodin to the Library Commission Vice Mayor Marquis nominated Ann Sherry Bodin to the Library Commission, Council Member Bookey MOVED to confirm Ann Sherry Bodin to the Library Commission and requested € NAI+tlit OUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE- There being no objections, 90 ORDERED. 4. Discussion/ Action -- As -Built Survey for Segment 2, Shqui Tsatnu Creek Trail, 5th Avenue to 4th Avenue. Council Member Molloy reviewed the information included in the packet. MOTION: City November 7, '�CovnrQSZ l Meelrng:Minzxtes Page 4 o 8 l7er , I +i+ Council Member Molloy MOVED to direct Administration to obtain an as -built survey to locate the lot lines near the trail between Fourth and Fifth Avenues. Council Member Boyle SECONDED the motion. City Manager Koch disclosed he had previously owned the property. It was discussed to have the survey completed prior to more snow fall if possible. VOTE: YEA: Boyle, Molloy, Marquis, Bookey, Gabriel NAY: *Student: Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. 5. *Ordinance No. 2654 -2012 -- Repealing Kenai Municipal Code Chapter 5.40, Pawnbrokers, Which Provides Licensing and Regulatory Requirements on Pawnbrokers Within the City. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. 6. *0rdmance No. 2655-2012 -- Increasing Estimated Revenues and Appropriations by $1.1,829 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. 7. *Ordinance No. 2656- 2012 -- Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the Citv and Amending Setback Requirements for Chicken Containment Structures. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. H. TS 1. Council on Aging -- Marquis noted the next meeting would be November 8, 2012. 2. Airport Cam, m€ fission -- Gabriel advised the November S meeting had been cancelled. sf Kenai. Council Meeting Minutes Pie � o* 8 Novernber 7. 2012 We 3. Harbor Commission -- Molloy noted the November 12 meeting had been cancelled. 4. Library Commission -- Boyle reported on the November 6 meeting, noting the new Student Representative Katy Knackstedt was sworn in; the commission approved the Goals and Objectives and Library Collection Policy; and, requested the Mayor prepare a proclamation for Bob Peters to thank him for his years of service. S. Parks and Recreation Commission -- Bookey reported on the October meeting, noting the summer maintenance program and meeting schedule changes were discussed. 6. Planning and Zoning Commission -- Gabriel reported on the October 24 meeting, noting the work session on comments to the draft. Comprehensive Plan. 7. Beautification Committee -- Parks and Recreation Director Frates had no report. ie REPORT OF THE MAYOR Vice Mayor Marquis reported he attended a play at Triumvirate Theatre and advised he was escorting Flat Stanley from Manfred. Oklahoma around town. J. ADMINISTRATION REPORTS 1. City Manager -- Koch reported on a regent public meeting regarding paving and street lighting in Central Heights; sent his suggestions to the Governor's budget; worked on maintaining the City's lSO (Insurance Services Organization) rating of three, which can reduce insurance premiums for commercial buildings within the City; and, suggested the possibility of a work session to discuss commissions and committees. Molloy inquired about maintenance at Vintage Pointe to which Koch reported warranty work should be completed within the next few weeks. 2. City Attorney -- Bloom reported he would be attending the Municipal Attorney's Conference in Anchorage next week. 3. City Clerk -- Modigh reported she would be attending the Alaska Association of Municipal Clerk's conference in Anchorage next week and City offices would be closed on November 12 for Veteran's Day. K. ADDITRONAL PUBLIC COMMENT 1. Citizens Comments City of Kezar Council Meeting Minutes Page 6 of 8 November 7, 2012 RN Panel Shadura, 1£ernap -- Mr. Shadura thanked the Council for the Town Hall meeting on fisheries issues. 2. Council Comments Council Member Gabriel noted he had received a lot of feedback on the Council's support of fisheries and thanked veterans for their service. Council Member Bookey reported the Municipal Park on South Forest Drive had playground equipment being installed a-id noted Leif Hansen Memorial Park's lighting decorations looked great. Student Representative Daly noted Saturday was the birthday of the Marine Corp; new voters at the school were very involved; thanked veterans for their service; and, reported on the upcoming Drama Club production. Council Member Molloy thanked IT Manager Castimore arid. the Clerk's office staff for their help with his power point presentation; thanked Finance Director Eubank for the quarterly reports in the packet; and reported on the Friends of the Library November 3 dinner fundraiser. Council Member Boyle praised students at Kenai Central High School for their knowledge and participation in politics. Vice Mayor Marquis noted the City mourned the loss of Barry Eldridge and a prociamation would be forthcoming. L. EXECUTIVE SESSION -- Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City (AS 44.62.310(a)(1) and Matters which by Law, Municipal Charter or Ordinance are Required to be Confidential; Discussion of Litigation Strategies with Legal Counsel within the Attorney Client Privilege (AS 44.62.310(a)(3) -- Vincent Goddard, Wild Pacific Salmon„ Inc. and Fish Producers, Inc. v. City of Kenai Board of Adjustment and Cook Inlet Natural Gas Storage Alaska (CINGSA). MOTION: Council Member Bookey MOVED to convene into Executive Session Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City (AS 44.62.310(a)(1) and Matters which by Law, Municipal Charter or Ordinance are Required to be Confidential; Discussion of Litigation Strategies with Legal Counsel within the Attorney Client Privilege (AS 44.62.310(a)(3) -- Vincent Goddard, Wild Pacific Salmon, Inc. and Fish Producers, Inc. v. City of Kenai Board of Adjustment and Cook Inlet Natural Gas Storage Alaska (CINGSA) and requested the City Attorney and City Manager attend. Council Member Molloy SECONDED the motion. 7. 2012 a Gabriel disclosed he had business dealings with Vincent Goddard. Marquis ruled Gabriel had no conflict of interest and requested his attendance in the Executive Session. VOTE: YEA: Boyle, Molloy, Marquis, Bookey, Gabriel NAY: *Student Representative Daly: YEA NOTE, MOTION PASSED UNANIMOUSLY. Y. Executive session convened 8:15 p.m. - 8:25 p.m. Council Member Bookey reported the Council met in Executive Session and provided direction to the City Attorney, 1A. PENDING ITEMS -- None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:24 p.m, Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk *The student representative may cast advisory votes on all Matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council rote and shall not affect the outcome Of official council vote. Advisory votes shall be recorded in the minutes. A student representative rnay Rot move or second iterns during council uleebug, November Kenai Council.MeeLivg Minutes Page 8 of 8 "r, ?,012 M 0 PAYMENTS OVER $15,000,00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: NOVEMBER 21, 2012 FIOMER El. EG'I FOC ELECTRIC USAGE VARIOUS UTILITIES 93,511,79 VENDOR DESCRIPTION MATURITY GATE ----- - -- Effect fnt� THIS PAGE IS INTENTIONALLY LEFT BLANK 92 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: NOVEMBER 21, 2012 CONS I RUCTION ON CLERK'S ALASKA NEW HOME BUILDERS OFFICE BUILDINGS BUILDINGS 15,657,00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.CL# - DEPT, REASON AMOUNT TOTAL PO AMT cil (yl ALASKA ROADBUILDERS m ECIJIER C110 #1 C/o #3 MAENDf,j,FNT NO. 7 99526 - JAMES STREEDSPURVIEW PARKING 94277 - KFNAI WATER TREAT ENT FACILITY 89201 - LIBRARY EXP ESTWATED VERSIUS ACTUAL QUANITITIES 8,163.97 175,64207 CHANGE ORDER#3 65,000,00 917,837,00 WARRANTY PHASE SERVICES 979.90 763,77590 THIS PAGE IS INTENTIONALLY LEFT BLANK 2012-2013 CITY OF KEN AI BOARDS, COMMISSIONS ANIA COMMITTEE THIS PAGE IS INTENTIONALLY LEFT BLANK CITY OF KENATI IENAI MI;NIGIPAL AIRPORT TE .. IiNAL BUILDING SPECIALTY II.E'TAIL CONCESSION AGREEMENT THIS AGREEMENT is made this _ day of , 2012, between the City of Kenai (City), whose address is 210 Eidalgo, Kenai, AK 93511, and Lark Ticen d/b /a Larks Alaska Gifts (Concessionaire), whose address is P.O. Box 599, Kenai, AK 99611 INTRODUCTION A. The City owns and operates the Kenai Municipal Airport and Airport Terminal Building (collectively "Airport'), located in Kenai, Alaska. B. The City has space available in the Airport Terminal Building for operation of specialty retail concessions. C. Concessionaire desires to operate a specialty retail concession in the Airport Terminal, D. At its regular meeting of (DATE) 2012, the Kenai City Council authorized the City Manager to enter into an agreement with Concessionaire based upon certain terms and conditions covering operation of a retail concession in the Airport Terminal Building, ARTICLE I - DEFINYTIONS The following definitions apply for this Agreement: A. Agreement: The Agreement consists of this Concession Agreement, together with the exhibits and all future amendments or supplements executed by the parties to this Agreement. B. Airport Manager: The City's designated manager at the Kenai Municipal Airport acting directly or through a duly authorized representative. C. Certified Activity Report (CAR): A report that lists Gross Receipts generated by the retail concession during the calendar months for which Concessionaire makes payment, The required form for the Certified Activity Report is attached as Exhibit I. Terminal Building Speciaity Retail Concession Agreement— Larks Alaska Gifts 59 Page 1 of 22 I3. Concessionaire: Lark Ticen is the sole proprietor of her business known as Larks Alaska Gifts, and the term generally includes Ms. Ticen and any employees and agents of yMs. Ticen unless the context clearly suggest otherwise. E.Iisadvant.aued Business Enterairise {I7Bl }: A business certified by the State of Alaska as a disadvantaged business enterprise as further defined in 49 CFR, part 23. F. Gross Receipts: The aggregate amount of all transactions made on, in, from, or through the Premises for cash., or credit, or otherwise, of every kind, name and nature; regardless of when or whether or not paid, whether made by Concessionaire or any other occupant or occupants of the Premises, or some part or parts thereof excepting from me determination of said amount (1) any and all taxes or fees collected by Concessionaire on behalf of any governmental body or taxing agency and excepting tips income paid and received by service staff of Concessionaire; (2) any sums received from the sale of capital assets, and, (3) any sums received from insurance or other settlements for damage to art work or other property of Concessionaire. G. Premises: The area approved by the City for the operation of an on- airport specialty retail concession as shown on Exhibit 2 and also as described in Article IIl, below. A.RT]CE1 11- TERM A. Terse: The term of this Agreement is effective as of December 1, 2012, through midnight of November 30, 2013, unless terminated earlier as provided herein. B. Holding Over: If Concessionaire holds over, provides services, and remains in possession of the Premises without a written renewal or extension of this Agreement, the City's allowance of continued operations by Concessionaire does not operate as a renewal or extension of the rights granted under this Agreement, and, instead the parties agree that this creates only a month -to -month extension, regardless of any payment the City accepts. Concessionaire's obligations to perform under this Agreement will continue until either it or the City terminates the services under this Agreement by giving the other party at least 10 days' written notice. Payments due for any extended period during which services are provided without a written extension of this Agreement shall be consistent with the payment terms of Article 1V of this Agreement. Terminal Building Specialty Retail. Concession Agreement— marks Alaska Gifts 60 Page 2 of 22 ARTICLE III – PREMISES A. For the term of this Agreement, the City provides to Concessionaire and Concessionaire accepts t rom the City; the following described property, the Premises, located in the terminal building of the Kenai Municipal Airport: Terminal office space 1013 , consisting of 80 square feet, more or less, on first floor terminal building; Kenai Municipal Airport; Kenai Recording District, Kenai, Alaska, within the NW %� SE %, Section 32, T6N, RI I W, SJA, and as more particularly set forth on Exhibit 2 to this Agreement, such Premises to be used, kept,, and maintained for the operation of a non - exclusive specialty retail concession for the traveling and general public as further described below and for no other purpose (see Article V), B. Concessionaire accepts the Premises AS iS and acknowledges that it has had an Opportunity to inspect the Premises. The City makes no specific warranties; expressed or implied, concerning the condition, title, access, or suitability of the Premises for any use, including those uses authorized by this Agreement. Concessionaire accepts the Premises suhject to any covenant, term, or condition affecting the City's title to the Premises. ARTICLE IV – RENT. FEES, TAXES. AND PAS' WeINTS A. Base Rent: For the rights and privileges granted under this Agreement, Concessionaire shall pay the City a monthly fixed base rent ( "base rent "). Base rent shall be computed at the current rate per square foot for terminal building rent, exclusive space, as set by the City Council in the City's Schedule of Rates Charges and fees, multiplied by the square footage of the Premises ($0 square feet) plus applicable sales tax. The current rate is $2.42 per square foot per month. It is not anticipated that this rate will increase by greater than 10 percent in any one year. Base rent shall be payable in twelve (12) equal installments in advance of the first day of each and every calendar month. For any fractional calendar month, the base rent shall be the same as for a, full month. Concessionaire agrees to pay rent payable to the City at Kenai City Hall in United States currency either by check, cash, bank draft, or money order. Concessionaire will submit payments free fi•om any claim, demand, setoff, or counterclaim of any kind against the City. 13. Percentage Rent; For the rights and privileges granted under this Agreement, Concessionaire shall also pay the City, in addition to the base rent, a suns of money as additional rent known as "percentage rent." Percentage rent shall be a monthly fee of Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 61 Page 3 of 22 five percent (5 %) of gross receipts on a monthly basis for the privilege of conducting the business authorized herein. Percentage rent is subject to applicable sates tax. The percentage rent required shall be paid for each calendar month during the term of this Agreement. Percentage rent shall be payable in twelve (12) installments on the fifteenth day of each and every calendar month after the preceding month for which the percentage rent installment is applicable. Concessionaire agrees to pay percentage rent payable to the City at Kenai City Hall in United States currency either by check, cash, bank draft, or money order. Concessionaire will submit payments free from any claim, demand, setoff, or counterclaim of any kind against the City. Concessionaire shall provide a Certified Activity Report (CAR) for each month for the City's audit purposes to determine compliance with the percentage rent requirement. Concessionaire shall :submit each CAR in the format shown in Exhibit 1.. The CAR shall be submitted to Kenai City mall on or before the same date that percentage rent is due. Percentage rent payable to the City by Concessionaire under this Agreement shall be owned by the City at the time of each customer transaction and will be held in trust by Concessionaire while the funds are in Concessionaire's custody and control. Concessionaire is responsible for these fees until delivered to the City. If any fees payable to the City are lost, stolen, or otherwise unlawfully reproved from the custody and control of Concessionaire; Concessionaire remains responsible to the City for the revenue. C. Penaltvllnterest: Time is of the essence in meeting the base rent and percentage rent payment requirements. In the event of delinquency, interest at the rate of eight percent (8 %) per annum, and penalty of ten percent (10%) o) of any amount of money owed under the Agreement, shall accrue on any unpaid balance. Interest shall accrue from the date due until the date paid in full. D. Unpaid Fees: Any rent, charge, fee, liquidated damage/penalty, interest, or other consideration due but unpaid at the expiration or cancellation of this Agreement is a cage against Concessionaire and its property, real or personal, at the Airport or where otherwise located. The City has any lien rights allowed by law. Either the City or its authorized agent may provide enforcement. F. Taxes: Concessionaire shall pay any borough, city, or other sales and property taxes due on base rent, }percentage rent, and any other fee due under this Agreement. F. Other Fees: The City reserves the right to impose and collect charges and fees from Concessionaire for the following: Terminal Building Specialty Retail Concession Agreement Larks Alaska Gifts 62 Page 4 of 22 1. tine use of specified equipment, facilities, or services when such use is requested by Concessionaire; and/or, 2. the privilege of accessing the Airport to conduct any business other than a specialty gift shop. G. Audit: In addition to the Audit rights specified elsewhere herein, the City (itself or through and /or its designated representatives) reserves the right to audit Concessionaire's books and records at any time for the purpose of verifying the Gross Receipts. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Receipts received by three percent (3 %) or more (after the deductions and exclusions provided for Herein), the entire expense of said audit shall be borne by Concessionaire Any amount found to be underpaid will be assessed to Concessionaire along with penalty, audit costs, if applicable, and interest. H. Revenue Diversion: Concessionaire shall not cause or allow to be diverted from the Airport any of its retail sates business in any mariner to avoid or reduce its Gross Receipts upon which its financial obligations owed the City is computed. In the event Concessionaire establishes, owns, operates, or manages during the term hereof any similar retail business establishment within five (5) miles of the Airport, it agrees to make all books; records, and other pertinent documents of such business available for audit by the City and/or- its designated representative to ensure compliance with this provision. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Receipts received by three percent (3 %) or more (after the deductions and exclusions provided for herein), the entire expense of said audit shall be borne by Concessionaire. Any amount found to be underpaid will be assessed to Concessionaire along with penalty, audit costs, if applicable and interest. ARTICLE V -- RIGIFfS OBLIGA'I`IOINS, AND RESERN7,A_Tj , A. Permitted Use: Subject to the obligations under this Agreement, the City grants Concessionaire the authority to exercise and the obligation to perform the following at Concessionaire's own expense: The noon- exclusive privilege and obligation to operate an in-terminal specialty retail concession on the Premises exclusively selling unique high -end gifts. Concessionaire may choose to staff the Premises at its discretion, physically display merchandise on the Premises, and generally operate the space as a specialty gift shop. Any determination to leave the Premises open and without staffing is at the sole risk of Concessionaire and Airport is not responsible for providing security for the Premises. The nonexclusive privilege and obligation to conduct this concession at the Airport terminal is for tine convenience of passengers utilizing the .Airport, for patrons and tenants of the Airport, and for Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 63 Page 5 of 22 members of the general public who visit the Airport. Concessionaire shall engage in no other business activity on or at the Airport, unless separately agreed to, & Rights and Cbliaations 1. Concessionaire, its partners, officers, contractors, suppliers, service personnel, guests„ patrons, and invitees shall have the right to ingress and egress of and to occupy the Premises, subject to the security rules of the Airport. 1 Concessionaire Wray, after consent by the Airport Manager, install signs at the Premises identifying its business. Concessionaire shall request and obtain the City's advance written approval. 3. Concessionaire shall obtain all permits and licenses required by any laws of any federal, state, city, borough or other governmental entity in order to operate the concession and shall pay all related fees for said permits and licenses. 4. Subject to more specific instructions in Article VII, below, Concessionaire shall keep accurate books and records in accordance with recognized accounting practices concerning all gross receipts from sales as defined here and to keep and preserve in the city of Kenai for a period of five {5} years following the end of each year of this Agreement, complete and true records. All books and records maintained by Concessionaire relating to gross receipts from sales shall be available at all reasonable hours to the inspection of the City and its agents. C. Reservations and Prohibitions I. City reserves the right to grant others any right or privilege specifically granted Concessionaire at locations other than at the Premises. City shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of t_hePremises, 3. Improvements, facilities, fixtures, equipment, and things on, in or appurtenant to the Premises and parking area are available to Concessionaire AS IS and without any warranties or representations whatsoever, including warranties of fitness for a particular purpose or warranties of inerchantability. 4. City reserves the right to address and resolve any problems arising out of Concessionaire's operations. City will forward to Concessionaire for response any complaints, questions, or concerns it receives regarding Concessionaire's operations. Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 64 Page 6 of 22 5. The rights and privileges granted Concessionaire under this Agreement are the only rights and privileges granted Concessionaire. Concessionaire has no easements, rights, or privileges, express, or 'Implied, other than those expressly granted under this Agreement. 5. Concessionaire will not sell any service or product unless described in this Agreement without the advance written approval of the City. If a question or dispute arises concerning the sate of any service or product, Concessionaire may submit a written request to the City asking for a review and decision; The City will deliver a written decision to Concessionaire and the decision of the City is final_ 7. The Kenai Municipal Airport Terminal is a smoke —free facility. Neither Concessionaire nor its employees nor or its customers may smoke on the Premises or in the Airport Terminal. ARTICLE VI — GENERAL CONDITIONS .2F (IIaMUTION Concessionaire will comply with the following: A. Gcneralm I. Concessionaire shall provide for the operation and maintenance of the Premises as specialty retail sales concession. During the term of this Agreement, Concessionaire shall have sole possession of, and responsibility for, maintenance of the Premises, including, but not limited to, all improvements constructed thereon and fixtures and equipment existing on the Premises at the commencement of the Agreement and thereafter installed by either Concessionaire or City. 2_ Flours of Operation: Concessionaire agrees to continuously operate the Premises during the term of this Agreement. For purposes of this Agreement, "continuously operate" means that the facility shall open for business on a daily basis (Sundays and City holidays excepted, at Concessionaire's option) and for such hours as would be reasonable for similar facilities existing on the Kenai Peninsula. flours of operation shall be attached to public exterior doors of the Premises. Concessionaire shall not permit any defacing of walls, floors, and fixtures, shall keep all the Premises free from trash and debris, and shall maintain and service all equipment at a high level of efficiency, reliability; and appearance. 4. Concessionaire shall not permit smoking on the Promises. 5. Concessionaire shall neither commit nor allow any nuisance, noise, or waste on the Airport property, nor shall Concessionaire annoy, disturb or be offensive to other users. Terminal Building Specialty Retail Concession Agreement - - larks Alaska Gifts 65 Page 7 of 22 6. Concessionaire shall maintain the Premises in good repair, appearance, and in a safe condition at all times. At its own expense, Concessionaire shall paint, repair, or replace its equipment as their condition may require. Concessionaire shall take any action the City determines necessary for safety or to maintain the Premises in good repair and appearance, 7. Concessionaire shall pay for any lighting fixtures, extraordinary power use, or cleaning services required or caused by Concessionaire which, in the City's reasonable determination, are beyond the scope of normal services provided by the City. 8. If Concessionaire causes damage to the City or to an Airport user due to inadequate maintenance by Concessionaire or any of its equipment, fixtures, or systems, Concessionaire shall repair the damage at its own expense. if Concessionaire does not repair the damage, the City, may, but is not obligated to, repair the damage and bill Concessionaire for the City's costs. Concessionaire shall pay the City within thirty (30) days of the billing date. 9. Concessionaire will maintain the Premises in a clean, neat, and sanitary condition. Concessionaire will provide day -to -day janitorial and cleaning services and supplies necessary to maintain the 'Premises. 10. Concessionaire shall provide for the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of Concessionaire's operations. Concessionaire shall coordinate a schedule and procedure of trash removal with the Airport. Concessionaire shall provide and use suitable covered or sealed receptacles for all garbage; trash, and other refuse from its operations inside the terminal. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances, and regulations. I L Employee yarkina Employees of Concessionaire may use non - exclusive employee vehicle parking facilities at the Airport at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive a vehicle- parking permit to park while on the job. Concessionaire shall be held accountable for Concessionaire's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable Airport Directives. 12: Except as allowed for employee parking, Concessionaire shall not use any Airport space outside of the Premises for any purpose unless specifically ]eased fi -om the City or subleased from a third party with the consent of the City. 13. No Discrimination: Concessionaire agrees that the facilities and the other improvements provided for herein shall be equally available to all members of the public without discrimination. Any discrimination by Concessionaire in the use of any facility 'leinimal Building Specialty .Retail Concession Agreement —— Larks Alaska Gifts 66 Page 8 of 22 her-einabove described on grounds of race, color, religion, national origin, ancestry, age, or sex shall be deemed to be a material breach of this Agreement and grounds for cancellation of this Agreement. Concessionaire agrees that Concessionaire will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement with respect to the hire, tenure, terms conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fide occupational qualification, or because of race, color, religion, national origin, ancestry, age, or sex. Concessionaire understands that any such discrimination shall be deemed to be a material breach of this Agreement. 14: Concessionaire shall comply with all laws, ordinances, regulations and rules of the City, the State of Alaska, and the United States as same may be amended from time to time. B. Reasonable Pricing: Concessionaire shall provide the retail sales and any information services offered at the Premises to its customers on a fair, nondiscriminatory basis, with reasonable prices to customers. C. Signs: Concessionaire shall not, without the prior written approval of the City, construct, erect, or place any signs in or on the Airport other than an Airport- approved sign providing in formation identifying Concessionaire and concerning the services provided by that Concessionaire. The terms "sigh" and "signs" as used herein shall mean advertising or promotional materials, billboards, notices, identification syrnbols, posters, electronic or static displays, information racks, decals, logos, or any similar device. D, Service Quality.- Concessionaire's operation under this Agreement is a service to airline passengers and to other users of the Airport. The City desires to provide airline passengers and other users of the Airport with access to retail establishments of interest to the traveling public that are of the highest quality. Concessionaire shall actively operate the concession to best serve the needs of airline passengers, Airport employees, and other users of the Airport. Concessionaire shall maintain professional personnel who will provide a high standard of service to the public. While on duty, the personnel will present a neat and clean appearance, remain courteous at all times, and wear any and all badges or other identification cards that are mandated by the management of the Airport. Concessionaire acknowledges that the ability of the City to effectively compete with airports outside the State of Alaska and to promote tourism to the State of Alaska depends; in part, on the performance of Concessionaire. Accordingly, Concessionaire Tern-rinat Building Specialty Retail Concession Agreement— Larks Alaska Gifts 67 Page 9 of 22 shall conduct its operation in a first- class, businesslike, efficient, courteous, accommodating manner. E, Business Develo n meat: Concessionaire shall take all reasonable measures to maintain, develop, and increase its business without diversion of any business to any entity or location not subject to this Agreement. R Security: Concessionaire shall adhere to all applicable responsibilities of the federal airport security program set out in the Transportation Security Regulations Title 49 CFR Part 1542 and the Airport. Security Program. Concessionaire will procure any required identification badges necessary to access the premises or Concessionaire's operations authorized under this Agreement. Any fine that results from a violation of the federal airport security program by Concessionaire; its agents, officers, suppliers, sub Concessionaires, vendors, guests, customers, or employees, whether on or off the premises, that is found by the Transportation Security Administration or the City to be the fault of Concessionaire will be the sole responsibility of Concessionaire. If the City pays any such fine to meet the Transportation Security Administration deadlines, Concessionaire will reimburse the City within 30 days after written notice by the City. Concessionaire will coordinate any Airport security matter with the City: ARTICLE VI1- AUDITS. REPORTS. BOOKS AND RECORDS To provide a satisfactory basis to confirm the accuracy of Concessionaire's CARS, Concessionaire shall establish and maintain books and records that concern the business authorized under this Agreement in accordance with generally accepted accounting principles. Concessionaire's books and records must; in the determination of the City, enable Concessionaire to report accurately, and the City to check easily, payments due the City under this Agreement. Concessionaire shall preserve all Crooks and records of business conducted under this Agreement for the longer of six (6) months after completion of an audit by the City or five (5) years after the end of the Agreement year to which the books and records pertain. However, if the City objects to any report or statement, Concessionaire will preserve all books and records containing information relevant to that report or statement until resolution of the objection is confinned in writing by the City. The City, or its designee(s), shall have access to accounting and other records necessary to confirm the accuracy of Concessionaire's CABs at all times regardless of tyre media in which the information is stored. Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 68 Page 10 of 22 ARTICLE VIII –DISADVANTAGED ED BUSS ESS ENTERPRISE PARIIC:IPA`I'ICTl ,N N- IS ILI EI!? I'Ii l?' AND APFI IIZATfA`I; AC I'I N A. City Policy: The City of lenai's policy is to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum opportunity to participate in the performance of airport concession contracts. B. Concessionaire's Obligation: Concessionaire will comply with all applicable laws and regulations regarding the fair and equitable treatment - ofDBEs. Concessionaire will ensure, that DBEs have the maxitnum opportunity to participate in the performance of this Agreement, including the provision of supplies and services and any subcontracting opportunities. C. Non- discrimination: This Agreement is subject to the requirements of the United States Department of Transportation's regulations; 49 CFR Part 23, Subpart F. Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, religion, national origin, ancestry, age, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. Concessionaire agrees to include the above statements in any subsequent concession arrangements that it enters and cause those businesses to similarly include the statements in further agreements. Further, Concessionaire will not discrinrainate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Concessionaire recognizes the right of the City to take any action necessary to enforce this requirement of the Agreement. D. Affirmative Action: Concessionaire will undertake any affirmative action program required by 14 CFR, Part 23, Subpart F, to insure that Concessionaire will not exclude any person from participating in any employment activity on the grounds ;of race, color, religion, national origin, ancestry, age, or sex, Concessionaire will not exclude any person on these grounds from participating in or receiving the services or benefits of airy program or activity covered by the subpart. Concessionaire further, understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake affirmative action prograuns and require assurances from their sub organizations. ARTICLE I – CONSTRUCT] ON Concessionaire shall obtain the written approval of the City in the form of a City Building Permit, if required by City ordinances (including all attachments and detailed drawings of the proposed construction) before beginning any alteration, construction, or Terminal Building Specialty Detail. Concession Agreement— Larks Alaska Gifts 69 Page 11 of 22 improvement of the Premises. Any construction must be approved of in advance by the Airport Manager. The City will own all improvements made by Concessionaire at the expiration or earlier termination of this Agreement. ARTICLE X - CITY'S RIGHTS <GF INSPECT ION AND ACCESS A. Inspection: The City may at all reasonable times enter and inspect the Premises or observe Concessionaire's performance of its obligations under this Agreement or take any action that the City is obligated to take under this Agreement, or otherwise. Concessionaire shall not claim, nor shall the City allow, any abatement of fees due to the City under this Agreement if the City exercises this right. Except for an emergency, the City will take all reasonable steps to minimize interference with Concessionaire's activity on the Premises. B. Access: The City reserves the right to enter the Premises to repair, replace, alter, install, or maintain any mechanical, electrical, plumbing, heating, cooling, ventilation, fire protection, telecommunication, or other system necessary to the proper functioning of the Airport without liability to Concessionaire for any damage to the Premises. As a result of any entry under section, the City is liable only for its own negligence and for returning the Premises to its former condition using standard materials. Any City repair, replacement, alteration, installation, or maintenance will not unreasonably interfere with Concessionaire's use of the Premises. 1Vothing in this section in any way relieves Concessionaire of any obligation to maintain the Premises. ARTICLE XI - CITE' SERVICES A. City Services: The City will perform the following: L maintain the structure of the Airport and its terminal, the roof, and exterior walls, and, 2. provide standard lighting and replacement bulbs for those fixtures outside the Premises; space heating and cooling; electricity; and air ventilation; and, 3. wash all exterior windows as well as clean and uaintain the public areas at the Airport; arid, 4. maintain the Airport's electrical, public address, plumbing, and heating systems in good condition and repair; however, the City may refuse to maintain any system installed by Concessionaire and may charge Concessionaire for any repair resulting from Concessionaire's negligence (Concessionaire shall pay the City within 30 days of the billing date for any such repair charge). Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 70 Page 12 of 22 B. Hold llarmlcss: Concessionaire waives any claim and holds the City harmless for damages that may arise out of or result frorn any failure or interruption of utility services furnished by or through the City that includes, but not limited to, stoppage in electrical energy, space heating, or the failure or interruption of any public or passenger convenience. ARTICLE XII- LAWS AND TAXES A. Laws: This Agreement is subiect to all regulations, including those relating to the leasing of facilities and the granting of privileges, at the Kenai Municipal Airport, At no expense to the City, Concessionaire shall comply with all federal, State of Alaska, and local laws, ordinances, regulations, and Airport rules, that are either now, or in the future, in force that may apply to the business authorized under this Agreement, for the use, care, operation, maintenance, and protection of the Airport, including matters of health, safety, sanitation, and pollution. B. Taxes: Concessionaire shall obtain all necessary licenses and permits, pay all taxes 'lawfully imposed on its business, and pair any other fee or charge assessed under any applicable public statute, regulation, or ordinance. C. Disputes: in any dispute between the parties, the laws of the State of Alaska will govern. If any such dispute results in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. D, Claims: Concessionaire shall promptly notify the City of any claim, demand, or lawsuit arising out of Concessionaire's rights granted or the operations authorized under this Agreement. At the City's request, Concessionaire shall cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit that affects the rights granted Concessionaire under this Agreement. ARTYCLE X111 - INSt,RANCE AN[) INDI:.M II I CAT] ON A. Concessionaire shall maintain in good standing the insurance described in this Article. Before rendering any sere -ices under this Agreement, Concessionaire will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been Paid, showing the types and monetary limits of coverage secured. All insurance requirements shall be subject to the sole determination of the City. T he City Manager pray, with the counsel of the City Attorney, waive or reduce the insurance requirements under of this Article. B. Concessionaire shall throughout the term of this Agreement, and at its own expense, secure and keep in force insurance, as stated below, to protect the City and Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 71 Page 13 of 22 Concessionaire. Where specific limits are stated, they are the minimum acceptable limits. if Concessionaire's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits, 1. Comprehensive general liability insurance with coverage limits riot less than ONE MILLION DOLLARS (S 1,000,000) combined single limit per occurrence where generally applicable, including in- terminal operations, independent contractors, products, and completed operations, broad form property damage, blanket contractual, and personal injury endorsements. 1 Worker's Compensation insurance as required by the State of Alaska; and, 3. Comprehensive automobile liability insurance covering all owned, hired; and non -owned vehicles with coverage limits not l b. Evidence of insurance coverage must be submitted to the City before Concessionaire takes occupancy of the Premises. The effective date of the insurance will be no later than the date of commencement of this Lease. E, 'ihe City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Concessionaire shall submit to the City evidence of insurance coverage that meets the requirements of the City. F. Notwithstanding anything to the contrary, if Concessionaire fails or neglects to secure required insurance, or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event the City may cancel and/or terminate this Agreement, without penalty, on five (5) days' written prior notice to Concessionaire. G. Indemnification;_ Concessionaire shall protect, indemnify, and save harmless the City from and against any and all claims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or lass or damage to property, occurring on the .Premises or with respect to any ready /return parking spaces or in any manner ;rowing out of or connected with Concessionaire's use and occupation of the Premises or with respect to any ready /return parking spaces or the condition of the Premises and any designated parking spaces during the terms of this Agreement. H. The indemnification and insurance coverage requirements stated herein do not relieve Concessionaire of any other obligation under this Agreement. Concessionaire expressly understands and agrees that any insurance protection furnished by Concessionaire hereunder shall in no way limit its responsibility to indemnify and save harmless the City under the provisions of this Agreement. ARTICLE XTV - CANCELLATION BY CITY A. Breach of Agreement: The City may cancel this Agreement and recover possession of the Premises by giving Concessionaire 30 days' advance written notice if any of the following events occur, unless the breach is cured within the 30 days after notice: 1. Concessionaire does not Pay any rent, fee, penalty, or other charge or does not file a CAR when due. Z. A check for any payment. is returned for insufficient funds. Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 73 Page 15 of 22 3. Concessionaire uses the Premises for purposes riot authorized under this Agreement. 4. A petition in bankruptcy is filed by or against Concessionaire or by any partner, member, or shareholder holding a majority interest in Concessionaire. S. A court enters a judgment of insolvency against Concessionaire or against any partner, member, or shareholder holding a.majority interest in Concessionaire. 6. A trustee or receiver is appointed for Concessionaire's assets in a proceeding brought by or against Concessionaire. 7. A lien is filed against the Premises because of any act or omission of Concessionaire and the lien is not removed, enjoined; or a bond of satisfaction of the lien is not posted within 60 days. & Concessionaire does not operate the business authorized under this Agreement on a continuous basis without the City's advance written approval. 9. The cessation or deterioration of any service that, in the City's determination, materially and adversely affects the service Concessionaire is required to perform under this Agreement. 10. Concessionaire does not perform any provision or covenant under this Agreement. The City may, but is not required; advise Concessionaire in writing of any deficiency in maintenance of the Premises. A cancellation notice issued by the City under this Article is stayed if, within the 30-day notice period, Concessionaire begins and continues expeditious action to cure the breach in the case of a, breach, which is not reasonably curable within 30 days. The determination of "expeditions action" and "not reasonably curable" is in the City's sole discretion. Concessionaire will not construe any waiver by the City of any default on the part of Concessionaire in the performance of any provision, covenant; or condition to be performed, kept, or observed by Concessionaire as a waiver by the City at any time thereafter of any other default or subsequent default in performance of any provision, covenant, or condition of this Agreement. After a City waiver of default in one or more instances, the City is not required to provide notice to Concessionaire to restore or revive that time is of the essence under this Agreement. The waiver of any right or obligation under this Agreement is not effective nor binding on Concessionaire unless it is in writing and signed on behalf of City. Terminal Building Specialty Retail Concession Agreement— Z arks Alaska Gifts 74 rage 16 of 22 B. Additional IZigglits of the City: tan termination or cancellation of this Agreement or on re entry, the City may regalia or resume possession of the Premises, may occupy the Premises, and may permit any person, firm, or corporation to enter on and use the Premises. The City may also repair or make any structural or other change in the Premises that are necessary, in the City's sole determination, to maintain the suitability of the Premises for uses similar to those granted under this Agreement without affecting, altering; or diminishing the obligations of Concessionaire under this Agreement. The City will charge Concessionaire the cost of these repairs and Concessionaire will pay these charges within 30 days of the billing date. C. Ownership _ of 1✓gmpi lent and Improvements: if the City cancels or terminates this Agreement due to a Concessionaire default, all of Concessionaire's title and interest in furnishings, fixtures, equipment, and improvements installed in or adjacent to the terminal under this Agreement vest in the City. The City may use and /or dispose of these items as it sees fit. Concessionaire will reimburse the City within 30 days of the billing date for any cost the City incurs in removing and disposing of these items. D. Survival of Concessionaire's Obligations: If the City cancels or terminates this Agreement, all of Concessionaire's obligations under this Agreement will survive in full force for the entire period of this Agreement. Subject to the City's obligation to mitigate damages; the fees and charges become due and payable to the City to the same extent, at the same time, and in the same planner as if no termination or cancellation had occurred. The Citv may maintain separate actions to recover any monies then due, or at its option and at any time, may sue to recover the full deficiency. L, Surrender of Possession: Concessionaire will yield possession of the Premises to the City on the date of the termination, cancellation, or normal expiration of this Agreement promptly, peaceably, quietly, and in as good order and condition as the same now 01' later improved by Concessionaire or the City, reasonable use and wear -and -tear accepted. So long as there is no uncured default of Concessionaire, the City will allow Concessionaire a maximum of five (5) calendar days after the effective date Of the expiration of this Agreement to remove all of its personal property, equipment, furniture, and fixtures from the Premises. Concessionaire acknowledges that as part of the consideration for this Agreement;, all property remaining on the Premises after these five (5) calendar days becomes the sole property of the City. The City may remove, modify, sell, or destroy the property as it sees fit. Concessionaire will pay the City within 30 days of the billing date for any cost the City incurs in property removal and disposal, Terminal Building Specialty Detail Concession Agreement— Larks Alaska Gifts 75 Page 17 of 22 ARTICLE XV - CANCELLATION BY CONCESSI` NAIRI• Concessionaire may cancel this Agreement by giving the City 30 days' advance written notice if any of the fallowing events occur: A. the permanent abandonment of the Airport by all passenger airlines or the removal of all passenger airline service from the Airport for a period of at least 90 consecutive days; or, B. the lawful assumption by the United States government or its authorized agent, of the operation, control, or use of the Airport; or any substantial part of the Airport, that restricts Concessionaire from operating its business under this Agreement for a period of at least 90 consecutive days; or, C. a court of competent Jurisdiction issues an injunction that prevents or restrains the use of the Airport by all airlines provided the injunction remains in force for at least 90 consecutive days. ARTICLE XVI - SUBSE,Otv'FNT CONTRACT A. Subsequent Contract Award: Concessionaire acknowledges that on the expiration, cancellation, or ternimation of this Agreement, the City may award any subsequent concession contract by any legal means then available to the City. B. Transition Schedule at Normal Expiration: Concessionaire understands that it is neither practical nor possible for the City to predict the exact transition schedule and procedure to best serve the needs of the traveling public and the City at the normal expiration of this Agreement. The City will provide Concessionaire a written notice of the transition plan determined by the City to best serve the needs of the traveling public and the City at least 30 days before turning the business over to a succeeding Concessionaire. Concessionaire will diligently execute the transition plan: determined by the City, abide by its time schedule, and cooperate with the City and the succeeding concessionaire in carrying out the transition plan. In any dispute between Concessionaire and the succeeding concessionaire during the transition period, Concessionaire will abide by the decision of the City. At the norinal expiration of this Agreement, Concessionaire will either remove its furniture; fixtures, equipment, and improvements or sell them to the succeeding Concessionaire. If Concessionaire neither sells nor removes these items within five (S) calendar days after expiration, the City may remove, sell, modify, or destroy these items Terminal Building Specialty Retail Concession Agreement Larks Alaska Gifts 76 Page 18 of 22 as it sees fit. Concessionaire will reimburse the City for any cost the City incurs in removal and disposal within 30 days after the billing date. ARTICLE X §?ll - ASSIGNML t'T OR SUBCONTRACT A. Prohibition: Concessionaire will not mortgage, hypothecate, nor otherwise encumber or assign the concession and/or lease rights created under this Agreement, in whole or in part, without the advance written consent of the City. Any attempted assignment, mortgage, hypothecation, or encumbrance of the concession rights, or other violation of this article is void and will confer no right, title, or interest neither in nor to this Agreement, on any assignee, mortgagee, encumbrancer, pledgee, lien holder, subtenant, successor, or purchaser. B. Approval by City: Concessionaire will submit three (3) copies of any proposed assigfvment or subcontract to the City for advance written approval, Each copy must bear the original notarized signature of all parties. All covenants and provisions of this Agreement extend to and bind the legal representatives , successors, and assignees of the parties. C. Mercer, Consolidation, or ReoManl2ation: The City will not unreasonably withhold its consent to an assignment of this Agreement by Concessionaire to a corporation, limited liability company, or other legally- fonned entity that results from a merger, consolidation, or reorganization of Concessionaire to a legal entity that purchases all or substantially all of the assets of Concessionaire or to any entity that controls or is controlled by or is under common control with Concessionaire. For purposes of this section, "control" of any entity is deemed vested in the person or persons owning more than 50 percent of the voting power for the election of the board of directors or management of the entity. ARTICLE XVIIl - GENE AL M E INANIS A. Execution 1>v Cam: This Agreement is not effective until approved by the Kenai City Council and signed by the City Manager of City of Kenai, or a designated representative. B. Approval by City: The City will not unreasonably withhold any approval required under this Agreement. C. Notices: Any notice required under this Agreement must be either hand- delivered or sent by registered or certified mail, or delivered by a reliable overnight delivery service to the appropriate party at me address set forth on page one of this Agreement or to any other address that the parties subsequently designate in writing. All notice periods begin on the date the notice is hand- delivered at the address or mailed. Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 77 Page 19 of 22 In addition, Concessionaire shall deliver all notices permitted or required to be provided to the City under this Agreement by hand- delivered or sent by registered or certified mail . to the Airport Manager, Kenai Municipal Airport, 305 N. Willow, Suite 200, Kenai, AK 99511 -7792, D. Modification: Concessionaire acknowledges that the City may modify this Agreement. to meet any re €luirements of federal or State grants obtained by the City in order to operate and/or maintain the Airport, or in order to conform to the requirements of any revenue bond covenant to which the City of Kenai is bound; and the City may do so without formal amendment of this Agreement. however, a modification, may neither reduce the rights or privileges granted Concessionaire under this Agreement nor cause Concessionaire financial loss. E. Validity of Parts: The remaining parts continue in full force if a court of competent _jurisdiction declares any part of this Agreement invalid. E Radio Interference: At the City's request, Concessionaire will discontinue the use of any device that interferes with any government- operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated, G. National 'Emergency: If the federal government declares a national emergency, Concessionaire will not hold the City liable for the inability to perform any part of this Agreement resulting from the national emergency. E No Waiver: If the City does not insist in any one or more instances on the strict performance by Concessionaire of any provision or article under this Agreement, it is not a waiver or relinquishment for the future, but doe provision or article will continue in fall force. A City waiver of any provision or article in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. 1. Disasters: If, in the determination of the City, fire; flood, earthquake or other casualty damages the Kenai Municipal Airport so extensively as to render the Airport or the Premises untenantable, either party may elect to terminate this Agreement with respect to the damaged facility only on 30 days' written notice to the other party. If this Agreement is terminated because of a disaster, or is reduced due to disaster at one facility, the City will prorate the fees payable under this Agreement up to the time the Airport or the Premises becomes untenantable. J. Condemnation: If any proper authority condemns the Airport, this Agreement ends on the date Concessionaire is required to leave the Premises. The City is entitled to all condemnation proceeds;: however, the City will pay Concessionaire the portion of Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 78 Page 20 of 22 proceeds attributable to the fair market value of any improvements placed on the Premises by Concessionaire, offset by any sums due to the City by Concessionaire. K. Quiet En ovznent: The City covenants that it has full, unencumbered title to the Kenai Municipal Airport; that it has the right and lawful authority to execute this Agreement; and that Concessionaire will have, hold, and enjoy peaceful and uninterratated use of the Premises. L. Entire Avreernerzt: This Agreement, including any amendment, constitutes the entire agreement between the parties. No modification or amendment of this Agreement is effective unless in writing and signed by both parties; except as stipulated in section D of this article XVIII. %✓l. Time: Time is of the essence in the performance of all nights and obligations of the parties to this Agreement. WITNESS WHEREOF, EOF, the parties have set their hands and day and year as stated in the acknowledgments below: CITY OF KE AI: By: Rick R. Koch Its: City Manager CONCESSIONAIRE: 0 Lark Ticen Sole Proprietor Terminal Building Specialty Retail Concession Agreement — Larks Alaska Gifts 79 Page 21 of 22 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before ine this --.- day of ,2012, by Rick R. Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. I NOTARY PUBLIC for State of Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2012, by Lark Ticen. NOTARY PUBLIC for State of Alaska My Commission Expires: Approved as to form by City Attorney Approved by Finance Director Approved by Kenai City Council I Return to: City Attorney City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 LAAirport\Agts\] 11412LarksAKGi-ftsAgmt Terminal Building Specialty Retail Concession Agreement— Larks Alaska Gifts 80 Page 22 of 22 srMLL . J - X91 TELEPHONE SC7-M-7951 FAX 37 Subject: Request, for Terminal Space — Larks Alaska Gifts Attached is a request fro n Ms. Lark Ticen dPola marks Alaska Gifts to lease approximately mately 80 square feet in the airport terminal building for a specialty gift shop. This terminal space has been vacant since the Medallion Foundation pulled out the flight simulator and no other party has expressed interest in the space, Ms. Ticen is requesting a one year lease beginning on December 1,, 2012 and will pay terminal space rent picas 5 %n of gross sales_ 1, is my recommendation the City enter into a one. year Ternzinai Buiiding ,Speeialo; Retail Concession Agreemen, with Ms. Lark Ticen dlb /a Larks Alaska Gifts. Please contact me if you have any questions. attachment www kenaiairport.com i Kenai Municipal Airport C$SCeS8iUn # November 9,2012 308N Willow Suite 2VV Kenai /\N89511 Dear Mary` After speaking with you in regard to the 2 Units, one in the main lobby area and the other past the reotn)onnnear the restaurant ! would like to come to some agreement with a proposal of lease preferably for the back unit near the restaurant, As I understand the unit has space, totaling approximately 80 square feet, currently at a rate of $2 42 per foot, If in fact | can generate the business and traffic that I desire then I would also wan', to be able lease the additional space near the Real Estate office if it is not leased prior to a 3 month period of gaining access to the first unit. The unit (a) would be used for unique one of kind and high end items, at least 50% locally made items as I showed you earlier today and in the following pictures, in addition I would kke to have the unit NO later than November 30"', with rent commencing on the 1$' If possible to have the work complete prior tv this date i would desire {o commence sooner but |umtrying�ohe reasonable but NOT miss the Christmas season altogether. You had said also that any plans or programs that are agreeable would include a percentage to the airport. Whereas the items I would be selling are not a service but hard goods I suggest a percentage of 5%. With these details agreed I would like a lease for 1 year, renewable at this agreed rate with an increase annually to reflect an annual price index increase retwi summary, (currently at 2%) into a 8 year lease, renewable every 5 years following. *�1,�^ —' RV n� W himloe P a, Past, cibi WIM a F�I�trc 210 Fdalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 SUBJECT: City of Kenai Boards & Commissions The purpose of this correspondence is to suggest an internal process in which the City Clerk, City Attorney, and City Manager produce recommendations to the City Councii regarding Boards and Commissions. Attached please find a memo from the former City Clerk and former City Attorney, and a memo from the City Manager, identifying Board & Commission issues, which was submitted to the Council at the March 16, 2011 Council meeting. These LW t o documents provide a good place to begin the review and discussion of a wide range of issues, including but not limited to: 1. Regular meeting schedules, 2. Boards & Commissions responsibilities, 3, Combining Commissions, 4. Changing the numbers of members, 5. Attendance ' policy. 6. All issues identified in the two memos referenced above. The following is a preliminary list of proposed tasks, in order: 1. Meet to review City Clerk & Attorney memo and City Manager memo dated March 10, 2011. 2. Update items from March 10, 2011 memos, such as Commission meeting schedule and Commissioner Attendance. 3. Meet with Department Directors who support Commissions and Council 91 Liaisons, 4. Meet with Commissions to explain purpose of working group, and to solicit suggestions, 5. Draft recommended changes to Code and policy. 6, Review recommended changes and solicit comments from Department Directors, and Commissions. T Finalize draft recommended changes and present to Council in a work session. 8. Incorporate Council suggestions and submit changes to code and policy to Council. The above is a very brier explanation of the process. I did not have an opportunity to discuss this with the Clerk or Attorney as we all have been very busy over the past two weeks and out of the office for AML. I expect the process will be more fully defined when we meet to discuss the previous memos on the subject. We can provide a. more detailed work plan at that time. I estimate this process will take several months and that we can expect to have a work session in late January or February. Thank you for your attention in this matter. If you have any questions, Please contact me at your convenience. 9M Pf fP e wit'k. a Past CiA wdk a Future 210 Fidalgo Avenue, Kenai, Alaska 99G11- 7'794 h.t.nd. I 1p Telephone: 907-263-7535 / FA P X: 907-283-3014 ME tla): INTRODUCTION The Council has requested input from thce City's Clerk, IMarager and Attorney regarding possible changes to the City Code to aid in the administration and f-Inction of the City's variom boards, committees, and commissions (hereafter generally referred to as "aormrrittecs"). 'What follows is a synopsis of some of the major problems and challenges in the function of the committees identified by either raembers; of the Council and through administration of the committees by the City Clerk, alcuo with a List of possible suggestions or ideas for addressing these problems, We have tried to keep everything on the table while providing a frame-,vork for further discussion., keeping in mind the Council-'s prcfdreacc that more discussion was merited before specific Code revisions were For your ease, of reference, we have attached a copy of the followingo I � * KMC 1.90 Standard Procedures for Boards. Commissions and Ccarondiecs * KMC 11,57 Library Commission * 1L%4C IL10 Harbor Commission * KMC j4L05 Planni.ng and Zoneng Commission * ],�VM C 19,05 Parks and Recreation Cornmission * KMC 21 .20 Airport Commission I l3ecause of Iffil- highly unique iur.totion and nature ofopennion ofthe personnel Arbitration Panel, ii is not discussed herein. 99 Amendment to City Co&/.Ioards, Committees and Conunissions Iviemorandum March I O, 2011 Pay - 2 of 10 Kenai Cirt, Council Policy for Commission, Committee. Board and Caurcil on AgingMeetings and Work Sessions Bylaws, Council on Aging Please keep in mind that this memorandum represents a begituring point, 'File following Lists and ideas are not necessarily- conipirchensive, they reflect some imtjaj thinking on the matter to help guide a more productive ftitar-- work session and discussion by the Council and the public. Also, as you review this memorandum, be mindful that marry of these iterns are interconnected. For example, some committees routinely have trouble -establishing a quorum. This may be addressed by lowering the number of committee mernln,rs or changing the frequency of meetings or both. There is 110 straight path forward in this process. PROBLEMS/CHALLENGES IN COMMITTEE FUNCT1,0N Absences, What is an absence? Is retaining that distinction valti How should, a. committee handle absences? Should the Comnahice handle absences. or should that fall to the Clerk (with specific direction) or file, Council" Do a certain number of absences require removal from the committee? If so, who makes that determination? OP Problems Attaining a Quorurn. Are there too many committee members? What notice should a committee mm-nber Provide F they cannot attend and does that affect if an absence is excused or une,,xcused? Should the frequency of meetings be, changed`? Recruitment and Retention of Corm-nittee Members. Does the City have too many corntruttees? Would reduction of the number of coratniuces hell) in recruit nem by avoiding fatigue ofvolunixers? How should notice of vacancies be provided? Should that Poticc differ depending upon the committee? Resources. Work and other resources (paper) could be saved if there was advance notice that there would be no quorurn and a meeting can be cancelled. Should a. rneetin�- be cancelled on short notice if there is no quorum? if yes, upon how short 04, notice (public hripacts/incoriveniencc)') Should packets be circulated ol-11v eiectronicaliv? To what extent should di--se eraotices be set out in Code or policy or left to discretion of the Clerk and administration? • Amendment to City Code,�Boards, Committees and Corn missions Meraoranduty, March 10, 2011 pale ') of 10 IV aN—Ier --i2`bso1--tq_.Fqncnons,2 SOMa GOMIT'ittee functions may be unnecessarily duplicative, Some committee functions may no longer be relevant. Should some � today or the duties axe poorly defined, duties of 1 11 - clomnlittees be changed? Should functions be added or deleted or better described? Should committees be combined? Are there committees that should be eliminated or re- named? Should some functions be assigned to subcorrunitiees.9 There is no authorization for die, formation or conduct. of a Beautification Cortraliftec, yet this committee has met regularly and currently acts as all indeperulent committee, Likewise, there is no spcciilc mention of the Council on Aging in the Code. The Council on Aging under bylaws whieh. have been adopted by the City Council, The 1�11a-,xs require only an annual inceting in January, aldhoug h the Coll -1i m - I tweets ore frequently.' g u MEETING INFORMATION The City of Kenai has seven (7) boards: con unissions, and conauuntees. The meeting schedule for each committee is not established in Code. Instead, the meeting schedules are -established, in the t)�enai City Coun.c," Polio,, /6r Conjjrjt_y 'I V. ioyl, Commiftee, Board, and Council on Aging -Meeangs wid Tflor,�Se,sions, The meetings are as follows: Commission/Commitlee/Board 1 ISFeeliat Schedule 1 Scheduled Meating Planning &Zoning -'omiTiission Si-monthiv �Days January throun I December, Second, & Fourth Wednesdays Librat-v Commission T nont liv ounc J1 on AgLmg___ "Vioandy Second Thursda-1-;-f —111OV17- Beautification Committee Meets January, April, Second Tuesday of the I� ay' So 'pt amber and nrornh, 1 October' I This issue is not addressed in this memorandum except to identify it as a potential issue or problem. I'he City Clerk overseas the procedural aspects of the function of court-nirtees such as arranging for notiec, compiling and publishing (most) agendas and packets, and attendance. Alt-ioug ' M h we anticipated that r. Koch wouid provide input to this memorandum for aJoint presentation to the Council, we did not receive that input for the packet deadline. s t Again, We move no McCrininendation to ',his respect other than to establish both committees in Code if they are to remain standing committees ofithe City, [*ON Aml-ndmeni to City CodeiBoards, Cormnitie-'s and Commissions Memorandum March ) 0- 2011 Page 4 ofl 0 Parks & Recreation Connnission Moats -August, Oc Fobor-, First December, December, February and Monflily 1 FirsoAcinday after The mt-Itingsoliedule for the various committees has, s ch4 -ged over the Years; but, the one eonstaitt is that meetings have beet) held at City Ha and at ?:0() D.M. Prior City Council-, have Beft very, strongly that the meeting pla and time for City, conimitteas be consistent to enhance convenience to the public. so, because meetings are recorded, City Hall is the best location for mectings"because other locations are not properly set up 1 provide adequate, reliable recording. The exception to this process is to provi - I I- g the Council on Aging that meet, at the Senior CenVr. In 2010, the following meetings were heid: SctedWed Meetings RelijC aare—ejjedfNo —_-Quorum Morning & zoniag COMMISSIon 14 10 racetings hold; four meetings cancelled (holiday or no business) Library Corrimission I2 Mine Ineetings held on two 11o, q orual ouncil on Acing Eight meeting-, held; four rn--tin�s Beau[ flcatlon corturlittee Five Five rnectingsheid ?4rks &' Recreation 1-o3 Five mecthlgs held: two Harbor Commission 17, Eight meelings heid; f wo meetings cancelled for no business: nx,o Inectin2s no ouorum As above, there is no cicar path to resolving, issue; identified above, We offer the followinz as ideas for fur-.her consideration, EAOR Amendment to City Code/Boards, Committees and Commissions Memorandum Nfarch 10, 2011 page 11 Parks & Recreation Commission 1 Meets August, October, = First Thursday of month. December, February and Anril Airport Coinrnission Monthl V Second Thursday of monk Harbor Commission Morithiv First Monday after first council mectina of month. The rneeting schedule for the various committees has changed over the years,.-, but, the one constant is that meetings have been held at City Hall and at 7:00 p.m. Prior City Councils have felt very strongly that the meeting place and time for City committees be consistent to enhance convenience, to the public. Also, because meetings are recorded, City I-11a,11 is the bes, I ",ation lb mieetinp I � for gs because other locations are not properly set up to provide adequate, reliable recording. The single -exception to this process is the Council on Aging that meets at the Senior Center, in 2010. the following Meetings were held: Commission/Corantittee/Board Meetings Held /Cancelled /No Planning & Zoning Commission ?d 20 rneetirtgs held; four me-Itniggs cancelled (hohday or no business) Library Commission i2 Nin.e meetings held: one cancelled; two no quorum quorum Council on Aging — 7 E ight n-i held-- four meetings -Fieautification cancelled (no business) Committec Five Five p) ti -,Llj ld Parks & Recreation Commission 7 Five meetings hel'd, �iwonieethigs- no 0110ruln Airport Commission 12 Nine meetings meld; three, irieetings cancelled - --- ------ Harbor Commission 12 Eight meetings held, two meetings cancelled for no business, two mectings no ouorurn SOLUTIONSTROPOSALS/11JEAS As identified above, there is no clear path to resolving issues identified above. We offer the following as ideas for further consideration. • Amendment to City Code/Boards, Committees and Comniissio-,.i.,,,Mc,-iioraiidum iMarch 113; 2011 Pane 5 of 1u Reducing the Number of Committee Members The City's committees generally have seven mem'Ders. Four inerribers riust be prcwcnt to establish a qtiorurn in order to hold a meeting. The exception is the Council an Aging which has nine inernbers and, accordingly, five members it, attendance establish a accordingly, quorurn, By reducing the number of -committee members (for all or some comnuttees), the Council addresses two issues — recruitment and quorum, With respect to recruitment, Council n/jetribcrs and the Mayor have raised concerns about the ability 10 find and retain volunteers for City committees. By reducing- the number of committee members required, fewer volunteers are needed, It may also reduce volunteer fatigue which may occur if a person takes on additional duties simply to fill a. vacancy. Re-earch conducted by the Clerk reflects several communities within the "iate that have standing core nitteos of only five,, members, In other words, this is riot F novel approach. Moreover, because of The advrsor; duties of these committees, reducing the number of' members is not expected to shift additional hardens to the members of the smaller committees, in short, it should not inccrease the work for the remaining members. Of course, a smaller committee means less breadth of ideas and input from the public members. With respect to quorum, this proposal is a hit of a,,vasb. By reducing the committeefrorn, .seven to five members, the number of establishing the quorum is reduced by one member. qlowevcr. the committee will have two fewer mcinbers from which to draw that quorum, W4h seven members a quorum requires 57 percent attendance (4 persons). With five members, a. quoruiri requires 60 per-lent attendance (3 persons), Reduction of the membership of soine con-nnitmes would probably not be practicable For example, with respect -cc, the Airport Commission, the methodology of selection of committee members is to draw from difierent n't-terest and userinoups. By Code: the Airport Coi-itinission draws its membership 1 o specific groups including fixed hase operator lcssces, terminal lessees, FAA personnel, Civil Air Petro], at-largoe metribers, Reduction of The number of members on file Counc9l on Aging would require an Aging amendrnent to its Byla-vvs, intcresdnglv in an attempt (in part' to address quorum issues formerly experienced by the Council on Aging, the Council amended its Dylau�s to raise the membership frotri seven and to nine (where 5 would be a quorum, requiring 5.5 percent auetidanQe to establish a quorum). W A.mendment to City Code /Boards, Colaunitices and Conamissions Memorandum ,viarch I G, 2011 ?age 6 of 10 Reduce the Number of Meeting.S.Required This idea addresses several issues, sortie directly: some indirectly— cancelled meetings, resource uses., and recruitment. With fewer mcating5, fewer resources are consurned in terms of the Clerk's office human and physical resources. The Clerk's office would have to prepare f5ewcl, mostin.- packets (paper ared electronic) and issue fewer public notices. This also reduces die responsibilities for the department heads that must attend the rneath)g and work with the Clerk to establish an agenda of items to (nSCUSS. Fewer meetings would also help reduce the aurriber of cancelled meetings due to lack of business, This also reduces resource demands upon the City Clerk's office and time demands upon the department head who oversees the ineotin1g, Reducing: the number of cancelled me-t' ing, would allo avoid frustration of members or the public. who nlin count on a meeting being held ontk/ to find later that it was cancelled. It is difficult for ordinary citi7eres To follow all notices of meetings and cancellations. BY holdina fewer mcethi.-S, the time demand on volunteers is renticed. Also, their parts l-3pation in meetings with more "`meat' on the ag&,adti might tie more fulfilling, The Council could consider whether this i-nicht help recruitment as the ditties of the inembers would be lightened somewhat. Finalll, if the Council reconsiders the schedule of regular meetings, it should loe. -p in mind the substantive duties of each committee. Meetings should be established, at a ininimuni, so they can be held a meaningful time to rnakc recornnienda'Itioa to the corinnitteCs capital improvement list end budget arau V :n m (these I I budget prop tio, p , recortirnendatioris froin conurriffees are gathered in October through December). Some Ommittees have duties or inn—i-csts that; are primarily seasonal. Se, a Sy a of rut e-lings i for those committees might include more regular meetings it,, did spring and summer, for instance. but fe-,ver or no metstinas in the winter. Appoint an Alternate to Each Committee This suggestion would address quorum issues. The, alternate would fail a seat for a rusird-er who rruiv he absent at a given me-ling. 1-his idea would help to address the occasional problem that cornittittees, haven attaining a quorum and it has been tried it, other contrutulifles. Most notably, the City of Soldoma once had art alternate system. When the Clerk contacted the 611 of Soldotua about that process, the Soldoula City 11 ;attrrl allowing for al-,�pomunerrt of alternates was eventually �Iffrk reported that the s, i amended to delete that process because it was found in be problematic for the alternate. The, system offocir-Vcly required the alternate to attend afl me-fincy , I I ,s, jus� hi case, The 9E , mandinent to City Cade ;Boards, Cumnuttees and Commissions Meinorandu n March I0, 2011 Pane 7 of 10 sense r },gas it became unfair to the a ftertlate and it was probably not a very gratifying Piiblic scnAce experience for that parson, f I'Mirate/ Nance Process for f hwnees One long- standing problano is what the City does, if anything aeaarding committee members who do not participate actively once appointed to, a position. This creates problems in establishing quorums and cancellation of meetings. In Chapter 1..90 of the Code, the general process of the cormnaittees is established, Addressing committee process most generally, there is a fairly confessed process for dealing with absences. The process asks the committees to excuse a n-minber for "good cause:" a concept which is not defined and uses a. time period of 3 consecutive calendar months frog which to determine if absences not excused for "goad cause" require disqualification. KMC 1.90,050 {b) tends: (l) 147 'rite 1-ornituissiolL , committee or board member shall be absent, without the boas excusing the absence for good cares° from =rare tha 1 one- half of all the ineetings of his or her committee, commission or board, :eenlar and special. held within any period of three 1,3) consecutive calendar mou> ths.. he or she shall thereupon cease to hold the seat:. A Commiission, conrunittee or board member rnav not have more than three (3) excused absences durin.- a twelve (12,) month caicndar vear. This process is not working. As best as we can determine, it is not being used. Committee members are reluctant to disqualify° a person firm eneinbership. it is a mentally difficult thing to do. There is no direction hoar to determine "good cause." The irequency of metntias oi'sorne committees menders a 3- absence- i25- I2- n.ontln standard a bit ridiculous since some committees do nor ineet very frequently. A committee member could effec7aely miss a substantial malcritc- of meetings but still not be subject t) removal. The current standard in the Code also provides little guidance ircixv one considers an absence where a. meeting; is cancelled, such as beeause tha nn,eeting is cancelled because members notify the Clerk that they will not be in attendance and the lack of a quoutn is known in advance. And, there is no indication about who mak°s the decision or how information is delivered to the Committee naeimbcr that they shall no longer be on the committee, ;'he result is that some committees have been hampered from establishing quorums because a committee mcrimer may habitually not be in attendance and nothine is or can comfortably be done about it. This results in more cancelled Ireeti„ gs and less sv breadth of M Amendment to Qtv Code/Boards, Committees and COmmissions 1\4elaorandtun March 10- 20 l Page 8 Of 10 participation in general. Whatever process is selected to address this issue, the Code needs to be amended to set torte a. clear path of aciian frorn setting the attendance standard to instruct. the Clerk about actions to take; to when and how, me ;ssue is presented to CounciL Here are several ideas or approaches to dealing with the attendance issue. 0 Eliminate the distinction between -excused and unexcused absences. Allow a certain nurnber of absences and do not distinguish about reasons why a person is absent. If a. member is absent more than allowed, a process would be established to notify the member that he or she is no longer on the committee or to begin a, process for thcir rernoval at the discretion of the Mayor and/Or, Council, a A member forr-eits menmership on the committee it absent from three (or another number of) conseconve, duly-noticed meetings. The position then automatically becntncs vacard or some other process is used to rrotify the member about their service. For exad-riple, the member could then he removed by notice from the- Mayor with or without the approval of the Council or the member could be removed by a majority vote of the Council, 0 A memberrnay have an -excused absence for 'Rood cause. What constitutes "good cause" spats be In the, reasonable discretion of the corriontlee. The member seeking to lie excused may, not vote on the "absence for good cause" question. A request to be excused must be submitted to the City Clerk, committee staff -eprrsetnative, and/or cons uutet chair at a time certain prior to the next meeting's agenda preparation. A standard is created to guide who determines if the absence is excused and vvhat is an -excused err "coed cause" abence. Provide beaer direction to aommittec members about their duties and notice obligations in the Code by spelling out the expectations more clearly. Whmever occurs, a process for removal should be better established. Retnoval could then be done by one several ways, The Clerk would prefer not to be the decision rnaktr, but if that is tyre preference (11 tlr- Council, the Code should be amended to provide clear, non-discretionary direction for the process, One assumes that Ruch a process would include a notification letter to Ih-- (tbrm--r) connnittee member with some f6flow- up notice b-,; the Clerk to the Council. A sirrular process could b- set up for an automatic Donee, issued by the Mayor instead of by the Clerk, again with follow up notice to die Council. M Amendment to City Code/Boards, Conarnittees and Commissions Memorandurn Marcia 10, 201'1 I Pane 9 of 10 Alternatively, the fact that a contraitte-- member has hit the absence threshold could instead be presented to the Council is a body for further action The Clark could inform the Council who could then be -iv-.n discration to terminate tile persoWs service mid declare a vacancy. The Mayor could present the matter 10 the Council, announcing his or her intent, and seek ratification by the Council, much how appointments are curreutly handled, The matter could simp y be listed as a discussion item on the Agenda and removal could be discussed and approved by a rnaJority vote of the Council. As always, diffe;rew- nrocesses could be considered for different coturnruees, Annend Advertisement Process Several Council Mernbers Irsove a%presse�d a concern about I — Mk' Me Ulty recluits for aternbers of committees. Some have su.-Clested that notice of vacancies on coil m mittee could be advertised in the local paper, at least for the planning & Zoning Commission, The Mayor works very hard to keep channels of communication open with members of the public to fulfill her duties of appoilurnent, and. it is not easy to find volum,Qrs. Accordingly, the follmving, ideas may have some traction with the Counci;: a Routinely advertise vacancies on committees in the newspaper, such as perhaps issuing a monthly or quarterly totice. Advertisement could be added at little additional cost by posting in prominent places in the comi-nunity (library, post office), by PS As on the radio, and on the City's v,,ebsite. 'this would not require a Code change, but it might be a process to add to the City's policy on commiffeels, 0 Prior to the end of each calendar year. when vacancies naturally arise, advertise fo.- -vacancies in the nevvspaper. Advertisement could be, added at little additional cost by posting in prominent r[U-cas in the comrnunhy (library, post office), by PSAs; on the radio, and on the City's ,vebsitq, This -would not require a Code chan-e, but it might be a process to add to the Cft3`s policy on conuniftees, C establish separate and unique policies for the Planning & Zoning Conitnission, which unique policies would reflect the additional duties and importance of this Commission as well as the more rhy,01-01s service- required of those members, 0 Create a stronger web presence on the Cit) s web pap that announces vacancies and how to apply for vacant positions. 0 As with each issue identified in this merno, do nodun2 differently. • Arnenament to City CodefBoardq, Committees and Commissions Mcniorandmu, N71 arch 10, 2011 Page 10 of 10 Signify Advisory Capacity of Committees To avoid confusion with regard to the powers of comnutteeb, amend the sections of the Code describing, the different committees by inserting 'Iadviso.,y, in the titles. T11c exception would be the Planning & Zoning Comrrosqion. I lie P&,7- cornmissio 'n has independent dent auruoritv under the Alasj(a Stazates; and the Kenai Mutneipal cci in addition to adz isory duties, Delineate Liaison Duties We, bah-Ve that. at least one Council Member has informally raised tile issue of what really are the duties of a liaison to a cornrraitice. If there is an intei-esi in this aspect af the CjTy's, fitncticni of cog, mitices or commissions, this would be an appropriate tillne to discuss Lhis lbriction as well. We do not currently have a good understanding if there is truly a concert) here, so no suggestions are offcr,od. 99 i,90,0 i 0 Chapter 1.90 STAAMAJID PROCEDURES FOR BOARDS, COMMISSIONS AND CONDWfTTEES E.90.010 .90.010 Creation. Jill bvar&,, commissions and oomanittets cre- ated by the Council of the City of Kenai, shall con- sist, of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to tbe City CierIL A chairman and vim-chairman shell be selected art- nually and shall be elected from, and by the ap- pointed members, The Mayor and one Council Member elected by the Council as ex-officio mem- bers, and as consultants of any board, commission or committee, may attend all rneetbins, but shall have no voting power on the board, commission or cormait= A membcr o_ Council or Ciry admirds- native staff shall attend all meetings or boards, commissions- and committees and slipl ly 5mff sup- noTt, 1.90.020 Duties, I (a), Members of boards: corman SSIOns and com- mittees shall be required to establish policies relating to their rtspootivt organization, Incy shall act in an advisory capacity to deparl. mar," heads within the City ,kdrainistradou if .herd are such departments in the City orgazo- 7arion that directly relate to the board, com- mission or committee. (b) If the board, commission or corarniftce has income stated "v4flor tire City of Kcruai annual budget, said board, oxturrimnon or committee shall Wark with. the City Mameer to establish 1 34 Sapp. N4. 91, 10'M I expenses projected for the year fo, approval by the City Council, 1,90.030 Qualifications, (a) A member of a board, commission or com- mittee must be a residents of the Cite, of Kenai, sinless US-- board, commission m, committee is specifically exempted by Council from this requireme�. The member cannot be am offi- cer or employee of the City of Kenai, If any .member should more his or her residence fors the corporate limits of the City of Kcrai (if applicable), is an officer or empioyee, of the City of Kenai, or As!' be elected or ap- pointed as an officer or employee of the City of Kenai, the service of such member shall ournmate immediately. He or she should be aware that he rip, she will serve without salary, but will be reimbursed for all reasonable ex- penses incurred it connection with this scr- vice, only after approval by Council, (b) The BeannificaTion Committee, and Flanbor, Library, and. Parks and Recreation Commas- kons may at the discretion of the Council have (I) or to two (2) ran - resident members each; or (2) have one (1) member who does not reside m the Ciry but works w. !cast one - half time within the City, (Ords, 1949-2002, 22320-2008) 1X.040 Terms. (R) A member of a board" commission or con)• mitm- auall serve for a term of three (3) yczrs, ualCas the board, commission or com- nuttee 48 specifically exempted by Council from this requirement, At renewtal date, the Mayor, with consent of the Council, car, m- appoint the member or Tecountrend 2 Te- PISc:cmcul. {b) TIM terms of the initial board, conmussi0r, or cormautlect member shall be staggered so that thict- (3) members will be e'upointed for one (1) year. two (2) members will be kDporated for two () Years; and two (S) members will me 1.90 040 Terms. 1190,050 Proceedings, 1.90.060 Specific requirmneuts of boards, commissions and committees. E.90.010 .90.010 Creation. Jill bvar&,, commissions and oomanittets cre- ated by the Council of the City of Kenai, shall con- sist, of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to tbe City CierIL A chairman and vim-chairman shell be selected art- nually and shall be elected from, and by the ap- pointed members, The Mayor and one Council Member elected by the Council as ex-officio mem- bers, and as consultants of any board, commission or committee, may attend all rneetbins, but shall have no voting power on the board, commission or cormait= A membcr o_ Council or Ciry admirds- native staff shall attend all meetings or boards, commissions- and committees and slipl ly 5mff sup- noTt, 1.90.020 Duties, I (a), Members of boards: corman SSIOns and com- mittees shall be required to establish policies relating to their rtspootivt organization, Incy shall act in an advisory capacity to deparl. mar," heads within the City ,kdrainistradou if .herd are such departments in the City orgazo- 7arion that directly relate to the board, com- mission or committee. (b) If the board, commission or corarniftce has income stated "v4flor tire City of Kcruai annual budget, said board, oxturrimnon or committee shall Wark with. the City Mameer to establish 1 34 Sapp. N4. 91, 10'M I expenses projected for the year fo, approval by the City Council, 1,90.030 Qualifications, (a) A member of a board, commission or com- mittee must be a residents of the Cite, of Kenai, sinless US-- board, commission m, committee is specifically exempted by Council from this requireme�. The member cannot be am offi- cer or employee of the City of Kenai, If any .member should more his or her residence fors the corporate limits of the City of Kcrai (if applicable), is an officer or empioyee, of the City of Kenai, or As!' be elected or ap- pointed as an officer or employee of the City of Kenai, the service of such member shall ournmate immediately. He or she should be aware that he rip, she will serve without salary, but will be reimbursed for all reasonable ex- penses incurred it connection with this scr- vice, only after approval by Council, (b) The BeannificaTion Committee, and Flanbor, Library, and. Parks and Recreation Commas- kons may at the discretion of the Council have (I) or to two (2) ran - resident members each; or (2) have one (1) member who does not reside m the Ciry but works w. !cast one - half time within the City, (Ords, 1949-2002, 22320-2008) 1X.040 Terms. (R) A member of a board" commission or con)• mitm- auall serve for a term of three (3) yczrs, ualCas the board, commission or com- nuttee 48 specifically exempted by Council from this requirement, At renewtal date, the Mayor, with consent of the Council, car, m- appoint the member or Tecountrend 2 Te- PISc:cmcul. {b) TIM terms of the initial board, conmussi0r, or cormautlect member shall be staggered so that thict- (3) members will be e'upointed for one (1) year. two (2) members will be kDporated for two () Years; and two (S) members will me be appointed for three (3) years. Terms shall commeuae or January Ist of each, year. i,Ss4t OSO Proeei Pings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the, public, Exceptions to the meeting roquirements shall he established by Conner. Permanent records or minutes shall 190.Q4(i 1.90.060 Specific r-ecn onsents of boards, commissions and committees Requirements of boards, commissions oral committees as set forth in KMC 1.90 are general requirements and shall be fallowad to the mtent that they do not conflict with specific rerquirameuts found in code sections spaciEcally p-roham; to individual boards, camtnissions and ccmrtixees. (Orris. 1223, 1239) be kepe oz aI3 proceedings and such minutes seal record the vote of each member upon.. every question. _,very decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person, All acts of boards, commissions and committees are sub- ject to the paramount, authority of one City Con,�sci!. (b) if the commission, committee or board morn - ber shalt be absent. without the body sxcus tsg die absence for ;good :cause, from mare than one -half of all the meetings of his or her eon'- advae commission or board, reginla and spo- ciat, held within any period of three (3) con - seeutivt calendar months, he or she goal! thereupon cease to hold the seat A comrn3s- aien, com*nince or board member may not have snore then three (3) excused absences during a rwelva (12) month caiendur year. (cj In all matters of par7iamentary procedure, Robert'. Rules of Order as revised snail be applicable and governall meotin-gs, unless as ,centred, in KIv1C L11.060 fnodons; $R /IC 7,15AOO, speaking; and KMC i15.ti0, vot- ing, (d) The responsibility of insuring that all meal - bers o'boards, commissions and cornminces seceivzacopy 'if ; ae.StandarA- procedur:s of Boards, Commissions and Comnattees ii s wi l'shecity Clerk. (Ords. 1617 -94; 2017 -2003; 2050- 2904+ 2i40- 20061 14-1 taenn� s�,n. rao. ra. rtraas .M Chapter !Z7 LIBR-kRY CONUIISSION Sections: 1--77.0io Duties and powers. 1.57.020 Library reagulathras. I,5 7.010 IZ7,010 Duties and powers. ,be Commission shall bt reactired to do the f milowing: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a mrastar plan for the phvsical daveLopnocin of Hbrary facilities For the City: (b) Submit annually to the City Manager and Council a list of recommended capital and other improvaments in Tegards to the library; (c) Make recormnendations regarding any matter related to library mrvlcc; (d) Serve as the liaison between the public and the City Council in regards to library ser,zicc: (c) Work closely v,,ith the Kenai Co mriuruity Li- laary Board for the betterment of the Kenai Community Library; (f) Shall act in an advisory capacity in the selec- tion of the City Librarian, (Ords, 852, D61. 1802-98) 1.SM20 Library regulations. The Library Regulations shall be as'irtcdnnd-_T me regulations section in the Kenai Code, Supple- ment #180, adopted on Seprember, 20, '982, and all future updates. (Orris. 1161, 1902 -99) •e Chapter 11.10 KARBOR CONBUSSION Sections: aI .10.010 Duties and powers. 11.10.010 Duties and powem (a) The Contaussion shall be required to do the following; (1) Develop, adopt, apex, or revise, subject to approval by the City Council, a mastar, plan for the physical development of harbor or port facilities for the City. Such toaster elan with accomparrving maps, plats, charts, descriptive, and explanatory rnatter, shall show the Cormmissinn's recommendations for she developreent of tf,a city Harbor facilities may include, among other things: development Of the type, location, and sequence of all public harbor facilities; (h) the relocation, '"aanoval, extension, or Change of use of -existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than pinery (90) days prior to the beginning of the budget year, a list of ure reconnsce-nded capital nn- provements -which, in the opiroor, of the comensgjon, inermcesnay or desirable to be constructed during the forthaorning, three C3) ym, period. Such hist shall be arrapged in order at pmm.rence- with tell- onnom-niations as to whicb proiecm shall he consurucmd in which yeas. YJ make investigations regarding my matter related to City harbor facilities, no-- or sabrm-ros'd lands. Make recommendanceas to the Council relative to the care, can- trol, and devtlouxnent of title and Sub- Merged lands. (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by • 00 (K= 5�23 .99) the City, is, Review all City losses of City-ax,qied tide, submerged, and lands or navigaUje waters, within the City, and as to tae planned improvements proposed and make recommeaniatiorts to the City Coun- cil. (6) Make and prepare reports and plans for approval by the City CouncilL (7) Coordinate pubho efforts, rndtvidual and group, to the effectuation of approved plans. (9) Shall act in advisory capacity in the se- lection of a Harbor Director should such P position be created by the City Council. (Ords. 0/4, 1161, 1902-98) • 00 (K= 5�23 .99) Chapter 14:115 PLAXMNG,UfR ZONING COTAN SSION Seutioum 14.09.010 Duties and POWers. 14.05.020 K"_M 14.t1s,010 Duties and powers. (a) °, go Commission shad lie required to perform the ioll swing duties. (1j Review and act capon 'requests for vuo- ance permits, conditional use hermits, pkamac,d unit residential development penstim, and othor amalmrs imri tg ruin° sideration under the Kenai Zoning Code: ('?) laacipret the provisions of the Kenai Zoning code and make determinations when Wausted by the Adamustradwe Official. (3) ibeaiew the City of Kenai Comprehensive flan an an annual basis and conduct a minimum of one pubic h arirg. Said recommendations shan be forwarded to doe Council for oursidenmon. (4) promom public numest and undcrstanrnng of comprehensive piaainsn;, platting, zoning land management, and bitter issues rMatmg to eornra mutrr plarmml 9 and developmeriL (5, pmposed rriagns for the rehabilitation or redevelopment of any area or district wit3am tine City. {6j perform hisenic preservation mviews and duties as set fiorl` in K,MC 14.x0.105. (b) lire Commission shall act in as advisory. ca- pacitt, to the Kenai City Council regarding me following manors: (1) Kenai Zoning Cade and Official City of Kenai Zoning Map amercfineW, (2) City anti aisnan land lease or sale pea - bons: (3) Capital Imp rowmemsr- Togramming.The Commission shall submit annually to the Council a list of recommandrd capital '.. m ivaprovemei= which, in he opinion of the Commission, are necessary and desir- able ;to for constructed bring the fordi- coming three -year par rod, Such list shall be arranged in order of prefemncc, vrith recommendations as to which projects shall be cotisuact d in which year. (c) The Commission snail air in an advisory ca- pao ty to dne Kenai Peninsula Borough Plan - eair:g Commission regarding the follrt mi - mai- ters: (1) Subdivision Plat proposals, (2) Riahe ")f -way aid eatermorn: vacation petitions. 3) City of Kenai Comprehensive Flan amendments. {KMC 14-3; Ards. 155, 403, 1018; 1161, 1179, 1892- 20u"^) 14.05.020 pees, In:ozder to detray die expenses Connected with the consideration of applications for variances and conditional use per rdt,, the person, presenting the application shall pay m the City Clerk a fee in the ariauni of one hundred dollars (8100.€110). A fee in the amount of one hbmtri dollats ($100.00) shall accompany an appuinmoit for ame Lament to the Kenai aning Code or Official Map, Whether an application is granted or denied by too Commission, the pedi over or applicant shall not be -ai ir"teti to f return of tht: fee paid. (KWIC 44-11: Orris: 403, 954, 1161,1179) l9k5,010 19kS.010 Duties and powers, The Commission shall bt required to do the following, (a) Develop, adopt, after, or revise subject to ap- proval by the City Council, a master plan 'for the physical development of recreation facilities for ties City. Such inmrerplan with accornpary- ing maps, plats, charts, descriptive, and explan- atory matter, shall show the Cormausion's recommendations for the davclopracra of the City's recreation facility may include, amcna other things: (1) Development of the type, location, and sequenc-t- of all public resmation facilities; and (2) The relocation, removal, extension, or change of use of existing rccreation facili- ties. (b) Suturnt annually to the City Mmiag_-r and Council, not less than ninety (90) days prior to the beginning of the budget year; a list of mc- ommended capital improv5rnenoz, which in the opinion of the Commission, are necessary Or desirable to or constructed during me form- corning dnc� (5) year period. Such list shall be arranged m order of prtfemuce, with rec*m- mendarions as to which prcuects shall be con- aaucted m which year, 119.05kSO Proceedings of Commission. (Qrd 416, repealed 1161) "I cimpter 19.05 (c) Make invemi gations regarding any matter relat- ed to City recreamat, PkRU AND RECREA71ION COMMISSION (d) Make and prepare re-ports and plans for approv- al by the City Council, Secdordst (5) Shall act yin advisory capariq, in the selection I9.05410 crealion. Of s, Director of parka and Recreation. � Duties and powers, (Ords, 416, 1161) I.RkS.030 Term and appointments to vacsmdes: 19.0&030 Terms and kuponaments to 19.05,1 Quafficatiow of comanission vacancies, mcmhers, (Ords- 416, 430, repealed 1161) 1915.050 Proceedings off Contraption. 19.05A40 Quoalfficarions; of carmni-ssion 19.05.010 Cr `per, wewbert. (Ord. 416, repealed 1161) (Ards. 416, 619, repealed 116 19kS.010 Duties and powers, The Commission shall bt required to do the following, (a) Develop, adopt, after, or revise subject to ap- proval by the City Council, a master plan 'for the physical development of recreation facilities for ties City. Such inmrerplan with accornpary- ing maps, plats, charts, descriptive, and explan- atory matter, shall show the Cormausion's recommendations for the davclopracra of the City's recreation facility may include, amcna other things: (1) Development of the type, location, and sequenc-t- of all public resmation facilities; and (2) The relocation, removal, extension, or change of use of existing rccreation facili- ties. (b) Suturnt annually to the City Mmiag_-r and Council, not less than ninety (90) days prior to the beginning of the budget year; a list of mc- ommended capital improv5rnenoz, which in the opinion of the Commission, are necessary Or desirable to or constructed during me form- corning dnc� (5) year period. Such list shall be arranged m order of prtfemuce, with rec*m- mendarions as to which prcuects shall be con- aaucted m which year, 119.05kSO Proceedings of Commission. (Qrd 416, repealed 1161) "I 21.20,010 Chapter 21.20 AIPPORT COMMISSION Sections! 21.20A10 Duties and powers. 21,20,020 Qualifications. 21.20,1130 Membership. 21-20.010 Duties and powers. The Coriumssion shall: (a) Develop, adup, alter or revise, subject to ,approval by the City Council, a master plan for the airport development. This may in- clude: () DeveJoprnml of type, location and se- queue-- of all airport. terminal facilities; (2) Development and use of all airport aeronautical lands, (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port rumvays, airport terminal, and airport aeronautical ',ends (c) Act itr an advisory capacity to the Council and the Airport Manager. (d) 'Aalra recommendations to the City Manage-, on the aiTort budget. (Ords, 2180-2006, 2M-2007) 2L20.020 Qualifications, Mcnibans of the Airport Con, mission will confaira to the requirements of the City of IC enin Boards, Commissions, and Committees Standard Procedures as established by KMC 1,90, except that members of the Airport Commission. need not be residents of me City o'Kcnai, (Orris. 3531 -93, 2180'-2006) 21,20MO Membership. The Comirrussion shall comprise of seven (7) members who shall be chosen so as to reprtscru, broadly die following areas: (a) One member, fixed base operator (FBO). (b) One rastuber, inssce of airport aeronautical lands or term hrial facility. fK4 w S.pr_ 'QA2, "-W (c) One ratimber, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Pa- trol. (c) Tliroo Inembers, at-largt, representing Lbe business and professional oonintiority, (P) One nan-voting meniber., Teprescirthip ad hoc member of the Kenai City Council. (Orris. 11531 -93, 2180 - 20(06) ilm KENAI CITY COTINCIL Po:�Jcy rQR COMMISSION, COMItrLITTEE, BOARD AIM COUNCM ON AGING NEEETING'S &SD WORK SEssIONS C un--r�t is after a, term (or Consecutive te'mz O:'appomltlent_ has been -ninpitted, a commission. committee or board ajEmbcr would like to be reampohited for an additional term, an application must be aubravrred to colliicil �,o- consideration and approval, p I A. subcornmi-tee c-a corm nission, Corr "?tee or "DOO.FC MaV be for F- spocifx fanc-ioarif upon review by administration, it is indicated the subcommittee would be a govennuetual body and a subccmmi tee Of a Public entir top is approved by Council. It Y and if the foltnat I I's subcom-raitteeis approved by Connell, the ale--tirigs of the subcommittee mus', be Open to the oublic:rloeebng notices shall be wasted on the Official Cit)t Bulletin Board in Fenai City Had, and on the city wensite at least five (5) days prior to the meeting; and the th-ethIga may be e -ctrorhcalo, racordeli and the recordJnas (the Official record) stored bi -,,be City -crk,s Office. mearigL8 hgatd�v� iii further notice, the Colmissionicommittee meeting schedule is as follows: Corumission olctuhiy through .aaaULn3QF-',!OTI 1-0mrOttrte Meetings held Januan,, Secsod. Ties 3 �Scc5 of tse morith, -kDrill, MaY, September I and Ocrnb-r Parks & hiectiriggs held August, October, December, month. Mont-LA' Second ThurOda-, w toc mojj�.. T-larhor COrrrinission 'rst "viondlt' "f-, r f4-,4 Advmr Monthly --Third T�,oraaax� y Cpanetcry Committee (Sunsets on Dec =ber 3 I I Uamrtbslrior, conuntittees and boards, inchading ldbrm, Parks & Pe--reation and Aimort Clomkrnissions and Beautification Oommrtre.e, shall racet as listed above. 1 Council or, Agng shall -aeet monhily at the Kenai Senior center . Planning & Zoning CO-ItnissiOn. and the Personnel Arbit, anion Board is exempted from this meeting directive.. 9. ComrrnSsians committees, boards and 'be Council on Agmg may, wfth he Ci*y Clerk s ao-PrOval and notification O-CcunciTT and City Manager, hoi ap 04 1 e ilt's (for a specific purpose) on an as-needed I basis. d e 'al meetings 5, Can comminoe and board meetings may be cancelled by the City Clenc, Win, =Ld5catlon Of Councill and Cite Manage-, cancelIE-iOn is wInranted, Ile. lack of agenda .items, rTc 4ZO-Ov'ledge Of lack of quarurn, etc., im KENAI CITY COUNCIL POLICY FOR CONJVISSION, COMMITTEE, BOARD AND COUNCIL ON AGING NIEETINGS AND WORK SESSIONS PAGE 2 & K1, commission, comm-ittec and. board meetings (cxcept Council oo Aging) will be held at Kenai Cin, Hall and begin at 7:00 p.m. Council on Aging. meetings will be ' aeld at the Kenai Senior '--enter and begin at 4M p.m. EXCeptiOrIS for subcommittee meetings may be inade with advance notice to and approval by the Cir ' v Clerk, 7, Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Ccermil, 9, Excep-mg the Planning & Zonirg Commission and Personnel Arbitration Board, Mir, of talc- -y --sDor, I , , � �sile c- no+-@ and electrordeal' recording t:he oornmission, committee, board meetinp, faLs to the department haisen (star- member,) to the specific meeting group, 9. Summary rmnutes wifl be produced b- y the City Clerk frorn the department liaison notes and nrovided to 'he City Couric" as official records of the meetings: 10, he Manning & -ZCnm*9 Ele -- �stroni recordings of the meeting grou- p, except t Commission, shall be kept for nvo years. 11, Plartning & Zoning Commission meeting recordings shall contmut to be kept to,- six years, Work sessious, 11 Commission, comm ttees and boards shalli he Cfty Clerk's approval to hold work sessions to be held on a date other thane that of a regrdar y scheduled meeedng or at • tirne imxirediately prior to a regularly scheduled meeting, i.e. a 6:00 D.-m., work session before • 7M p.m. ratetin, 13. Work sessions may not be held without nte approva: of the City Clerk unless they occur or the night or and at the time of a regularly-scheduled adverdises, rneeting, 14. During work sessions, on items on the work session agenda may be discussed and no farryiLl actions may be taken, 15, e! commission, committee and board meenrigs must be given appropriate pi-ablic notice. Basic hrleetiae -T:nfor.=6nn.: 16. Tculos of Ord= Pursuant to KM-- 1..25. 120(b) and ICIVIC 2,90.050(c), in all matters of par luai-nentary procedure, Robert's Rules of Order, as revist6 shall be applicable and govern all mcetinga, unites as specified in MMC i..15> 060 (morons),. MVIC '.15,100 and ILTM C 1. 15, 110 (votingl. 17, Quoranx: No meetingmay proceed in t f e absence of a quorum., Le, a truorum is more than one-hed" of the boardicommission (quorum of the whole), - IS, ylc;�dow Pursuant P t to KNIC 1 - I L06D(k), PrI :notions require a second A majority of votes is required to pass a motion (three, ii five - member board; four; is seven -member, commission; five, votes if a nine-mernmer board;. i9. Speakimp in a meann.g. members should be recognized by the Chair before spesilsing, 20 When is it a Meeting?, If any public busmess is discussed collectively by tour or a majority of members ci one comransion, committee, board, or couneil, �R-IFBCTMM Ties directive shall take effect June 17, 2010 and remain in -.sect imthraodified by the Kenai City Council_. IM KENAJ CITY COUNCTL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COTUTXCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Ap-proved by tine "era City Council an the 7.6th d V or 3 2010. PAr PozT R; MAYOR ATTEST: clf Revised 6/26/2010 "I I BY -I kws A_WD PuTn:s Or, * Ro- pop COUNCIL ON AGPM P=1 MkI, �J_ASFA The men btrs of the Council on Aging, Kenai, Alaska, a local committee organized -under the lams offiJa-e- State of Alaska, pursuan.- to federal and state funding, havimg as its object, the folloU,ing code, of by-laws and rules of procedure as its guideUnes ia, all �su=re operadons. The mission orine Council on ..1 gins is to advise zhe Mlayor, City Council, Director, and the City of 'Kena:_ oa'the rit-cls of the elderly in e area, suppon 'Uz_- lurogmras which enable the coatinned irdep�mdcnceof seniorcHi=ns anal scrveas'ar adv'sonv committee, whose parpose and make-nn will be set forth under Anucle 1, Section ". The a-do-prion of Uatseby-laws and rules supersedes, replaces; and mullifies arn, and all previously enacted, uzili7ed, or governing rules or b3, -1aws and further, by adoption of _ntse by-laws and rules, the pr_-_„icaasiy e-istinv Council an Aging is deemed dissolved. krtiale I VDIAZEEPISELM- '-he Count. ` 1 shall have a membership� of nine (9) members. Over on-e-hahol the 4 Citizens' soredby the m-crabers shall 'be pen-ticipant of the Senio, -,iz.-ns'programr, span of Kenai, Toe mzmh-=s of nie. Council shaE be chosen in the iollov"ing inanne-: i. 'M-mb= shall be chosen from among persons vvho ha re_ shown an ti -t=cs- in the areas of me nrobl-_rnt cf the elde,Iy' The Nlk�,or appoint members -0 t_�t Council --- Aging sublie-It to con fu-matioi,4 by the C171 co-ancil. S. There shall be a nine member Council on Aging appointed by the I V a y o- o4 Kcnai, Five (Si memlbers -,r-1 be chosen, from ar nix, cvdzens who =Ecipate in 'nt szeniov citizen prop-am, sponsored by the City of Keno'.. M, ore than one-half of -Lh-- Council on Agn, members shaUl bt pardcipa-its of City of Kenai sponsored senior chizens'-programs, The dhataes of the Co-uncil v,,'Il be, as follows: a. Advise the Director of Senior Citizen Prog^Ups on ma7-tcTs de ,i ig wi�L- the hadgets for semor prog, eaas and programs operated at the senior Cerner. BY-L,2kWS Al'ZD RULES OF PROClIDURE FOR, COUNCIL ON AGiNG RkGF I W* b. Forward copies of meeting summa 'es -M the NMaYGr 01 tbz- City of K_enai, xhe, in turn, will forward the mp rt to the City Counol C. To the txten.4 practical, communications, advice, and --ports shall! wrjttcn 16orm- and shall represent_ a consensus of the committe-_ #'-Ecle Ir ET_IGMLLrTY A mem's-r, of the couneii shah bt an adule, person residing in the Konai Peninsula ,area, and 5 !% oftxdtich mtzst be sLixty (60) yea, s or age or oldcr, No =rpiovee of the C& of Kenai is 53-igible for rnetnbership, More vr"I bt no more than one member per hDasehold. Afticle T11 MEIRMS Regular meetings sha-11 be held montlhi, or, the second 7huTsday Dfthe month at the Se- 1 1 - n lanual7r of tach ycai'mth err center, g7r-ey, slaa_ll be one anrivall mee:ting held, L - I - fftt= days' notice, given. io all -Mombers of the Council, Special meetings may b,- -alittd by tht - ersor- v,,i&, approval of -me Kenai City C'! cerk- and notificatiori of -Hain? Council and City Manager, 14eetingE3 Maybe cancencd by the City Cl_-rk, with --liation, is war-anted, i,-- !a f notHicatioll of Council and C. Mama r -. V caric agenda items, pre in aW cge of jacL' 017 qo`rrun. , otc, Particroating sserli= citizens shsdlb,e aoffied of date, timt, and plar of tI,,.e =.vang by -die monthly newsletter, as well as receipt of the meeting agenda and pan'k-* rill meetings shalt be 07)cr! -0 the p bli tm, noes 'not automadcally ctmsu:e partjdp''�Oo by non-m'Mb"�'^' u to. Howex,__ d Ise Council. Article IFV SCE -O MMETUTGS The meetings o''iai' be, held at One place design-atod, as the Kenai Sendor Citizens Czn ter m Kenai, Alaska, or at dic CMY of Kenai Offices. Arti6le V QUIMUMM 'k majority of dq- current members rid sharl, coristitau a quarurn for the -ansactiDn Of al; busmass, BY-LAAVS A10 RULES OF PROCEMUPE FO? COUNCE ON AGING PACE 2 um Al icle 171 x WLPS or TR71zl OWN= 'The Dowers of tht Council are advisory only and are derived from ta-_ federal, state, and city local g0v=_Imcnts -,vhich provide the funds fol-, operation and, all powers, and a-cTivities shall be cxcrcised in accordance with law. All aatlon mken by ths CouncE shall b -_ subinitted to the City Ae•rdinintera-tot and shall be subj -_ ct to approval b5, the Kenai City Cojndl. Artiale V11 OFFiCER S annual meeting, Th.—�-- shaX., be a OfFccrss shall be eloct.ed for one Brea terms at Lbe and Vic.--Chairptrson. Officers are limited to two (2) successive terms In Chairperson the same office. Article X TEP-M OF APPOWnWIMT AND ATTLKMARTOB v' be.s - - tbe Council are appointed bylffie Cit3, of Kcna:' to St- �e, flw_et (1 treats or until teiininatiori by: 1. Resignation; 1 Request of Council aii Aging; 3. Upon request of, the City of Kenai; or 41 If the member is absent, witlaout the body excusing the absence for pod 2au se, from more than one -1"' f of all fae rat - eTiaas of tine Council on Aging, r--g-alar and speczal, hald wit'nin any Period of three iaj -onp-cu've calendar montlas, frie member shall niere-upon cease to void the seat; A mamber may not have more than three 13j excused zcbs�,'nces during a twtive-morith, caiendar vOa , The lei lTi Of each aPPoint0d MeMber of the Colancil &,all! be three 2� yea7s' Th-e zerms 1 - sliall, be staggered so tha:L three %3) members shall be alopointtld every third year and th-rt-_ (3) merr bers shall be appointed in -ahn of tht c)Th--- Years of ever'; such three- &-ticle Ix RONORARY RMSEER APPOINTMENT -vvho :, amombt7 is no long= able to actively parbaipate on the Council onAgi=, the rau;ainan» rnlmlynber ship may, by rna�j onry vote, request the Mayor to appoint the n al-, a-.T:il,-- member to the Council on Aging as an honorary melnbcr. The hano:ary =L ember warild be a non-voting me-mber. BY-1-AMS AIND RULES OF PROCEDURE FOR COUNCM ON _AGTNG PAGE 3 9061 Wticle X VIIINTMEMIS Volunteers wisilillg to Serve oPOP COMMitte�s established by tne Council an Aging may be appointed by the CouTicil obai--oerson or his M'Dr--senzative To do so "xithoin, the rtfore, becomirig m.-mbcrs of the Cauncil. AxWell !X1 Ivows cyp mmyrim KH meetings Of the COUXICU sb all be Conducted in accordance vith rules of pa:rI'iaxn,_v..taxy practaice and, in tne absence of otber authority, shol V governed by he provisions of Roberts Rules of Grder. At a regular meeting of fne Council. on Aging, __Kanai, Alaska, the amended ',,);-laws and rulics olfpxocedures were adop-_�-,d as the official, by-laws and rules olprocedttrc by s majority -vote of aporum Of the members pr(-_Se:otar. Novembe,- 13, 2008. "Joanna Hollier, Chun Council on Agmg At-vst': Pat Part=, it (Approved by Kenad City Council, Novembcr 19, 2008) BY-LaWs MITID RULES OF PROUEDUF�7 F 0 P COUNCIL ON AGING PAGE 4 i• It, VI *4145f, WA a P4,5 ej C �J VVIA . T-46,,, fr 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 2&37535; FAX: 907-283-3014 E.3 OO TO. City Council iv F R 0 IVI Rick Koch DATE March 10, 2011 "r SUBJEC' . -: C�'Iy el Kenai Garnriiszianz The purpose of this co, reFloondence is to submit suggestions and/or recommendations to Council regarding structure and operations of the City's Commissions for your consideration, City Code provides for the following Commissions: L Library Commission 2, Airport Commission 3. Parks & Recreation Commission 4, Harbor Commission ', Planning &. Zonine There is also a Committee and Council: L Beautification Committee 2. Council on Aging As background information 1 have attached the follovving: 1. A merno,andurn from the City Attorney dated August 27, 2003 in response to questions from the Council regarding the powers of the various city commissions and committees. 2. Kenai Municipal Code 1,90, Standard Procedures for Boards Commissions and Cornmittees 3. Kenai Municipal Code 11,10, Harbor Commission 4. Kenai Municipal Code 21,20, Airport Commission MEO S. KenaiMunicipal Code 1,57, Library Commission 6, Kenai Municipal Code 14,0S, Planning and Zoning Commission 7, Kenai Municipal Code l9,OS, Parks and Recreation Commission A number rf the following suggestions and/or recommendations are generic to all or Most of the Commissions, However, as Mr. Graves points out in his memorandum, the Planning and Zoning Commission is somewhat unique, iothat 1t has independent in, irnary authority. The rernainderof the Commissions are advisory bodies. The Tollowingnre fists, by Commission oi suggestions and/or recommendations you ma,.) wish to ccrnsider� L Eliminate KK&C1.9O and create a stand-alone chapter for each [prornasion, 1Attendancn Policy ~ Eliminate KkHCl,9O,O9O(b)andrep<$newitk self executing language, such os "If a Commissioner falls to attend fiftV-percant(SOt6)nfrneetMgS in any twelve (I3) month period, the Commissioner will have resigned their seat uhthe Commission, The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council n`eodng"` 3, Capital Improvements Programming — Eliminate Ky4C14,0S.O1O(6)(3). This process b accomplished by Administration and CmmnciL Fflp,tor Commission L8im|nate KlvIC1.9D and create a stand-alone chapter for each Corn mission. I, Attendance Policy — Eliminate K&8C1.98�05U/@and replace with the following, "if a Commissioner falls tn attend [i#CV-perzent/50%\nf meetings in any twelve (1,l) month period, the Commissioner will have t esigred their seat or, the Commission. The City Clerk will notify the City Council of the resignation ct the next regularly scheduled Council rpeeting," 1Master Plan ~ Eliminate KM[1I}D,O10/aX1)and replace with the following, «Deve|op, adopt, after, ur revise x plan identifying Q*a[saxdoWectivesfora -tkree year period. This plan should be adopted prior to December 31't of each year and submitted tn Council and the City Administration." 4Capital Improvements — Amend KNA[ byrenlovioX^_nutless than ninety (90) days priorto the beginning of the budget year' and replace with _'prior io December 31" of each yea/. 5, Harbor Director ~ Eliminate KK*[1l�1O�O1R[o'[0)iP its entirety, 6. Meeting Schedule — Add 'The Harbor Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required-" 7, Creation — Harbor Commission reduced from seven (7i members to five IN rNcoxbers(Mo*ef000lK$VICl.9AtaK$4C]-1.I0) 11� /:/ 8. Consider combinuig Harbor Commission with Parks &. Recreation Commission, 9, Title -Amend title of KMC 21,20 In "Harbor Advisory Commission," 1, Eliminate l(MC 1.90 and create a stand-alone chanter for each Commission, I Attendance Policy - Eliminate KMC 1,90.050 (b) and replace vvith the following, 'if a Commissioner falls to attend fifty-percent (5D0A) of meetings in any twelve (12) month , eriod, the [mnnm�sionervxi(( have resigned their seat a* the Cnmo)issinn, �hecity Clerk will; notify the City Council Vr the resignation at the next regular !y sckedu{ed Council meeUng,« 3, Master Ph»n- Eliminate KkxC21.Z0,UlO(a) and replace with the following, "Bexe|up/ adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 315'of each year and submitted to Council and the City Adr^ioisCcat}mn." A. Meeting Schedule ^ Add "The Airport Commission shall schedule quaMar\yregular n^oed meetings nnaybs called to address sped5cissuexas require d'' 5, Title - Amend title sfNN[Z1.20tn "Airport Advisory [unzmissiun.'' Ub 1, Eliminate KKAIC1'9U and create a stand-alone chapter for each Commission. � 2, Attendance Policy -Eliminate KK4Cl.9D,G8}(b}and replace with the to|!nu/ing,"if a � Commissioner falls to attend fifty-percent 150%) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will noWy the City Council of the resignation at the next regularly scheduled Council meeting," I Master Plan ^'8\r*inaleKMCI37'81O(a) and replace with the following, "Deve!oP, adopt, after, nr revise a plan identifying goals and objectives for a three year period, Tbisp|anshou|dbeeduptedpriortu0ecepuber31oofeachyearandsvbmi1tad to Council and 'the City Adn)/nistrstinu." 4, Capital inxprovernents^ Add tcKKAC1.S7.02U(b)«-.00t less than ninety (9O) days prior t8 the beginningnf the budget ysAr;'/ S, Meeting Schedule - Add ''The U6rary Commission shall schedule quurte,|yneAu(ar meetings, special meetings may be called to address spe-cificissues as required," 6� Title, - Amend title uf><Mr1.57to "Library Advisory Cororuinsiuu." 7- Creation - Library Commission reduced from seven (7) members to five i5i menlbe(e. Parks and Recreation Ln_mmission 1, Eli m; nate KIVIC 1,90 and create a stand-a lone chapter for each Commission, I Attendance Policy- Eliminate KMC 1.90050 (b) andeplace with the following, If a MR [vmmizsionerfa&Stuattend nsAt(50%)of meetings in any twelve /1211 month period, the Commissionerwi H have resigned their seat on the Comm ission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council naeednB." ]. Master Plan ^- Eliminate KM[!9'U5.818(a) and replace with the following, ''Oev8|op, adopt, alter, mr revise a plan identifying goals and objectives for a three year period, This p|anshou|86e adopted prior to December year and submitted to Count | and the City Adnninistration," 4, Capital Improvements — Add toKk8[19.05.O18/b\^...not less than ninety (98) days pr|nrto the beginning *fthe badQetyeor�'' D 5�u§cs— Eliminate K&4[19M.8I8/oL 6^ Meeting Schedule —The Parks & Recreation CclmmiSSiDn shall schedule quarterly regularwreetings, special meetings may be called to address specific issues as required, 7. Title ~ Parks & Recreation Advisory Commission D, Creatinn — Parks & Recreation Commission reduced from seven M members to five '~'membe,s, 9. CnnsidercornbiniokPade& Recreation Commission with 88,6urLo/nnnissino, 1. Create stand-atone Beautification Commission. 2, Eliminate KMC 1.90 and create a stand-alone chapter for each Commission. � 5, Attendance Pn icy —OininntpKMC190.8S0(b) and replace with the following, °|fs [ummissianerfbi|stnaftendfifty`percent(SU%1afrneen//&^ioaoytvvelve(l2) month period, the Commissioner will have resigned their seat on 'the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council rnee1in§." 4, Capital Improvements —Add a section for aOP plan requiring submittal taCouncil and Adrninimtrafion prior to December 3�Imuf each year. 5, Duties —\ndode,^0eve|ep, ado ptober or revise ap�n identifying Qua�and o� period, 8ls'of each year and submitted 1u Council and the City &dhuioistration," 6, )V1ae6ng Schsdu|e —The Beautification Commission shall hold quarterly regu|ar meetings, special meetings may 6e called toaddress specific issues as required' 7�Titie— Beautification Advisory Commission &[neatioo — Beautification Committee (Commission) reduced fi orn seven (7) memhers to five /5�members. COYMCII an No Suggested Changes NMI The City code asit presently exists is often cuofbsin.- when attempting ta determine the 'rules of the road' that apply to the Commissions. KMC 1.90 applies to ali Boards, Commissions, and Committees, unless specific information is contained elsewhere in the code. It would be nice to have the code auitapplies tus specific commission all Jn one place, IWA v T A4VEIJM0,_",RLAI 7,F)ITUM IT Ada" C 21�FIDALGO&VE.,SUITEEMD KFNW,ALASNA9Ra11-7794 T FAX 907-293,3014 ts!E "Wr TO: Commission and Committee iMernbcrs FROM,C14 Cam, R. Graves, City Attom e-Y DATE: August 27, 2003 P—P' Commission andCommirtee Povvers The Council asked me to write a memorandum regarding the powers of the various city commissions and committees (hereinafter "commissions "), K-MC 1.90 outlines the standard Procedures for them. The general procedures apply Linjess there are specific; Code sections reganfing the commission 0, committee ittec that specify otherwise, KIMC 1,90.020(a) states that commissions and committees "shall act in an advisory capacity to department heads Wuhm the City Administration." (Emphasis added,) FU IC !.e '0 .050 -states, "All acts of boards, commissions and committees are subject to the paramount authority of the City Council." The impetus behind this memorandum was a move by . Commission Chair to ind-Mende-Iftly go out isir and craft a request for t)rnoosais for managerreln of a city facility: in that case, it appeared pealed the Commission Chair intended for the comirnssion to bypass the Chy Council and Manager add do its ovin process lot, the selection of rnanagumert of the facility, Such a process clearly exceeded the scope of the intended powers of commission. Of the various Commissions, the one with primary independent authority is the Olamidg and Zoning Commission. That commission has inde ' Dendem, authority under AS 29.40 and KMIC 14:05.010 for th-_ determination of various zoning issues such as granting of variances or conditional use permits. Those decisions. 10 ever, are still subject -to aa, eat to the City Council 4 11 we � I P acting -as the Board of Adjusmient and then the Stoic or Court� it, other areas, that core- ' r. _aS, mission acts only in an advisory capacity to the city and borough. The other commissions act aintost exclusively as advisory bodies, T ev subject to council h approval, adopt roaster; lasts for the physical development of facilities and some of them (e. o-, Libra-Y, and Parks and Recreation) also make advisory recommendations as to hiring of-a diepartmen, head. 7he duties of the various cornmissions: are in the code as follows: ) Piaunm__ acrd Zcnmz--KA4C 14,05,010; 2) Harbor —KINK 1, 10.010; , 1 11) Library —SIC 1.57,010; HE Commission and CoTL-nT M.cmbers Auausz 27, 2003 Pziu: -) o4'2 Paris wid Recrzation—KMC 19.05.0!0; 5) kirport—KMC 21.25.010; 6, Beaud.fication—KMC 1,90.020 and 7) Council an Az"Z-1.0NIC 190.020 and Art2cle VT of fts jviavrS. CoPiCs of the various code sections are attached for your review. Please feel fret, to let see imow if you have any questions. CRG/so Attniunems cc: Linda L. Snow„ City ivianage.- um I i.9U] 0 Chapter t.90 STANDARD PROCEDITRES FOR RO.kRDS, COMMISSIONS AND COMMITTEES secthrvs. 1190.010 Creation. 1,90:020 Duties. 1.9G.030 Qualifications. 1,90.040 Terms, 1.90.t^ -O Proceedings, I.40.060 SpeoMe requirinswulis of boards, commissions and comadift"L 1190.010 Creation. All boards, commissions and commitmis oreme aced by the Courud! of Ific City of Kenai, shall con- sist of sever. (7) members who shall be nominated by the Mavor and confirmed by the City Council from applications submitted to the City Clem. A chairman and vice- chairman shall be selected an- nually and shall be elected front and by the ap- pointed members. The Mayor and one Comecil Mcniber elected by the Council as .x- officio mem- bers and as consultants of any board, commission or comitntme, may attend all meetings, but shall save no voting power on the board, Commission or committee. A member of Council or City adrinnis- -narive staff shall attend all meetings of boards, commissions and comnotlees and supply staff sap - nor", I L90,020 1) v b aB- (a) Members of boards, camnin3tionas and eom- to- a out an shall be -required in establish policies relating to their mspcclffirc- organization. They she" act in an advisory capacity to depart- ment Beads within, the City Administration if more are such departments in the City orgair- zamen that dirccdy relam to the board, com- mission or conurihtcc. (b) If the board, rominission or committee has income stated within the City of Kersd annual budget, said board, commission or committee shall wort: with the City Mager to establish (R.w Sup. Nc. 93e {0.08) expenses projected for the year for approval by the City, Council, 1.90,030 ualifucado as. (a) A member of a, board, corrimission or Con)- raittee must be a rssidera of the City of Kenai, unless the board , f, commission or committee i specifically exempted by Council from this requirement The mcriaber carrier be an offi- our or employee of fee City of Kenai. If any merribic- amWd inuve hi's or he: residence fa-cma the corporate limits of the City of Kenai (if applicable), is an of or employle" of Cite City of Kenai, or shall be elected or ap- pointed as at, zofficer or employee of the City or Kenai, the set-cioc of such member shall terminate immediately. He or she should be away-.that it or she will serve ipithout ralarv, but will be roirribuncil for all reasonable ex- pauses incurred in ommeetton with this ser vice, only after appmral by Council. (b) The Beautification Committee, and Harbor. Library, and Parks and Recreation Cosines- sions may at the discretion of The Council - hove. (1) tip to two (2) non- resident members each: or (2) have one (J) ,member who does not reside in the City but worics at least one- Ivalf nine within the Cit} 948-2002, 2320-2008) I.W040 Terms. (a) A membeT of a board, commission or com- IXnr`e shall savic for a turm of three (3) years, unless fhe board, commission I or rom- Initttv is specifically excerpted by Council from this requirement At renewal date, the Mayor, with consent of the Council, can re- appoint the roemihoi or reconanend a to- placement, (b) The terms of the initial board, commission Or committee member shall be. staggered so that three (3) members ME be appointed for one (17 vrz,; two (2) mendiers will be appointed for Two (2) vears; and two (2j members will in Chapter 11MO HARBOR COWEISSION Sectksms: 1.10.010 Dirties and Govtrers. 11.10.610 Defies and powers. (a) The Commission shall be required to do the following: Develop, adopt, alter, or revise, subject to approval by the City Council, a toaster plan for the physical development of harbor or port facilities for the City. -Such master plan with accompanying maps, plats, giants, descriptive, and explanatory matter, shall show the Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor frscilities; (si) the relocation, removal, extension, or change of use of existing harbor facilities; 2) Submit annually to the City Manager and Council, not less than ninety (9U, days prior to the beginning of the budget year, a list of the recorrsnended capital un- provernents which, in the olumon of the Ccumnission, art necessary or desirable to be constructed doing the forthcoming three (3) year period. Such list shall be arranged in: order of preference, with rec ommendaziotts :as to which projects shall be constructed in which year. 3) Make iuvestigations regarding anymatter related to City harbor facilities, title or submerged lands. -Make. recommendations to the Council relative to the care, con - tro1, and develmntent of Tide and sub- merged lands. i 1.IG.0] 0 (4) .Act in the capacity as directed and autho- rized by e tidelands ordinance adopted by the City. (S) ltevi,evx all City leases of City -owned tide; submerged, and lands or navigable Waters within the City, and as to the planned improvements proposed and rake mcorr nendations to the City Coun- cil, (6) Make and prepare reports and plans for approval by the City Council, (7) Coordinate public efforts, indMdual a n group, to the effectuation of approved plans. (S) Shall act to advisory capacity in the se- lecdan of a Harbor Director should such a position be created by the City Council, (Ords. 474, 1161, 1$02 -48) ME {Y.oad31D95) 212Hzo Chapter 21 20 AJRPORT CGJYMISSION Sections: 21.20,010 Dvfies and ptiwer& 2LUJI20 QualMeations, 21.20,() 2 i39 Membership, 21.20.010 DuVes and powers. The Commission shall: (a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development, This may m- elude: Devollepirintif of type, loeation and se- quence of all airport t-a-minal facilities; Development and use of all airport (b) Observe, oversee and guide in an advisory capacftll, any matters relating to use of air- port runways, airport terrrduaL and airport seronauticii' lands. (c) Act in an advisory capacity to the, Council and dit Airport Manager. (d) Make reconmicridarions to fre City Manager on "he aiq)orL budget (ads, 2180-2006, 2241-2007) 21,20,0120 Qaalffleafiom Members or the Airport Commission mall conform to the requirements of the City of Tenai Boards, Comir:tlasiom, and Committees Standard Procedures Ls established by K14C 1,90, except that members of the Airport Commission need no', be residents of the City of KciiaL (Cirds. 153 i-93, 218,0-2006) ZL20,030 Membership. The Commission shall comprise of seven members who shall bo, chosen so as to represent broadly Lbe feflowmIg areas; (a) Dne member, fixed has.- operator (FDO). (b) One memller, lessee of airport acionautica) lands or terminal facility. (K=i Supp, N., 92-1-09) Ono member, with expertise in Federal Aviation Administration f anted ons, (d) One member, representing the civil Air pa- trol. G) Three members, at- large, represcrifiag the business and professional community. f) Ons nor:-votffi,- rnemb--r, representing ac hoc member of the Kenai City Council, Ords, 1531-93, 2180-2006) Uwe ch4pterll 3,7 I q MMICI Dnfies Pind nowetm �y S7,920 11A.Iltrary rmlflaomnlz- The comrnissior, shall bt required of do the fiollowlng: a 1) Develop, atlopl, alierz or revise subject to approval by -,he City Council, 3 mssar plan for the physical development of library facilities for tile, cfty, b) Submit annually to thc I—DtY Manager sald 'council a list of recommandeel "apiTal and offiler improvemend; in retards to the library}� t'c) Make rzcornmendadons rc,pr1mg ally natter related to library service� 'd', `serve as the liaison between Che public and the City Council in regards to library service; lslork closely w'I th the �Hc3id, of the Ketim Conuriunity Librar-1, for the bmermicro: nA ihe Kenai ""Ornenunit), Library; l,f) Shall act it) an adviscry capacity in the selection of "'he Library -Dimcurr. (Ords. S52, 1161, 1902 98, 2184-2006) "Thc Lhaqry Psgatations shall b-I as listed ntider he regulations seciion in th . Kenai Cnda, Suppi-Imicul, N(,). 18, adopted al. September 207 982, and all futtre updates. (I-irds, 852, 1161, 1802-98, 21 E4-2006) F9, l2-06) we] claaPterIC05 PLANNB'G ANDL'UNING COMINUSSIlON vt-05AM) Dudes and powers. 14.05,020 Fees. 14.05.010 Duties arum powers. (a) The COrmnission shall be required to per - form she following dudes: (1) Review surd act upon requests fou vari- once permits, conditional use Perini is. planned unit iesidemial developinent parrints, and offiar matters requiring consideration under to Kenai Zoning Code, Thttrpoct the provisions 0�_ thc, Kent4l Zonina codc and make daternunations when requested by the Achuitristrativo OfficiaL (3) Review the City of Kenai Comprehes- sive Plan on an annual basis and con- door a, malimurn of one (1) public hear- ing. Said roconsmandations shall be fom'ayded to Elie Cavincil, for reload- (4) Pronnne PUblic interest and under - standing of planning platting, zonings hind niauagemtnL, and other issuffs rela(ing, so colmounny planning and developmem. (5) Prqmosed plans for the rebabilitstion or ledevelopmew of any area or district within tile City. (6) Portbrin historic preservation reviews and duti—." as a,-,, froth in 1340 l4 ZO:I05. (b) The Conunission shall act in an advisory capacity to the Kortaii Cry Council regarding the follow4ne matters: 0 j Kenai Zoning Code and Official City of Lonai Zoning .Map amendments. M' City and airpoal Laid less,- 0-1` oale Pod- tions US 14,05:010 (3) Capbal improvements Prograloall I tip This Conutussion shall subuht annually nc the Council a list of recomnaeridtil capipil 'raprovoinerts which, in the opinion of the Commission, ue Deces- smy and desirable to be, constructed during daL forfliconarog three-year pe- riod. Snob list shall be arranged in c-- der of preference, with recoamsends.- liens as to which projects shall be cons- structed in which year. (c) 7lio Cuournsiricu shall ad in an advisory capacity to the Kenai Peninsaila Bor(rugh Planning Commission regarding flic follow - lit?.; immsers: (1) Subdivision Plat proposals, (2) Right -n' way said casemant vacation pelmons. (33) City of Kenai Comprehensive Plan arremcirvicnts: (d) Merabers of the Planmai.o and Zoning Corn- mission shall be conapensated a, the rate of one hundred dollars ( ' $100,00) per north: (ITC\4C 14-1: Ords, 155, 4103, 1038, 11,61, -mg, 1892-2000, 2112-2008) 14A05,020 Fees. In order to sittfray the expenses connected ci ills the consideration of appEcations for vari- cross and conditional Use DernhlSr thC, PCrteV pre- "maig f= appheanon shall pay is the Cay Clerk fee in the amour of one hundred dollars A ;'ee in the amstrat of one InntiiTed dollar, (5,5100. {3G") shall, accompany an application for unandvactnt In the Kenai Zoning Code or Offi- cial Map. Whether al apphcation, is granted: or denial by [lit Conaarission, the petitioner or ap- pliclaoi shall not be entitled to the return of the fee pail' KMC 14-11; Ords, 403, 954; 1161, 1179) S'p N' o', 10-09) ,SelsfiGIPW. 19.05.010 cmdon. 19,05.016, Dudes and, Powers, 8945.033 Tartu, du5' 9 c°".piJ43k"atmenits ts, vac3mcies, 19.06.64D QL ffica3!? as Of r2G m issida rrOSbem 29.0 5.650 Proceedings l3?'.�5 „5+Pd4 Cs.a6s`mxe. 1946.016 Dudes and powers . e Conuu fission shag be regjimd to do the Gol {zsv;ir�g; (a) Dev ebp, adobe, alter. or revise subject to ap- provaI by ehe Cif Council, a master plant fm the Physical deb�eloerraept of m—creation facilities fox the City. 5uc a it, asto r purl svifn accor£:pa:y- iog reaps, plats, chaos; descripreve, and explaa- ae-ty trPner, shall show the Comr-tfssiovr s xecommendadons far the dc4ulop€nent of t c City's rec.eatian facility napy include, a wog edler things; (1) Dovelo"'tMent of h%c type., location, and sequence of aH public mcreasionfaciliases; and (2) ?'be m ocaeaou, rernoval, ertenslur, or chsnge of use of existing secreation facih4 lies: (bl 5ubant a .rauallc, to the City= MatatRar and Council, uat less than nivety (90) drys prsct :o the ''peg mirg of the hudget year, a fist of =- cr mended capital improvements, winch in the cphad.on of ent Constrassso n, are Racestsry or desirable to be constracted da<ieg the forth- con ing three (3) year period, Such E t shall be arranged in order of preference, Whh reroM- nlonda'tiors as to which projects steal, be cen- strurted in which yeah: kc) l'es31»'E in- modgations.tega".dhig any malt._ e!Lt- ad *so City recreation, (e) hake and lrte.are repc;;ts and pEacs ;or as lgrov- ai by the City Counril. ei Skull act in advisory calsac?ty in the selection, Of a D'Mt(sr of parks and Fees'eaftesn. (Ords; 416, 11:6 h ) va rrneies, Prds& 416, 430, repeated alai). w5<SP a QUUMMOtasr,;, OF COraaissiesr: xwaxabcrs, 416, n-pealed Z 16 7) Prus.4la, 619, reic t 1 ':61) 9,,85.050 Proceaffi .a dl commissvcn, (Ord. 416, repoaled 1161) W KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS NOVEMBER 6, 2012 7:00 P.M. MEXITING SIMMARY ITEM 1: SAL - TO MM & poCLL qAILL Vice Chair East called the meeting to order at approximately 7:01 p.m. Administer Oath of Office to Newly Appointed Officer Knackstedt I p City Ckok Modigh administered the oath of office to Knackstedt and Matters and they took their seats on the dais. Roll was confirmed as follows: Commissioners present: Vice Chair K. East, E. Brorson, H. Curtis, S. Matters, K. Knackstedt Commissioners absent: None Staff/Council Liaison present: Library Director M. Joiner, Council Member M. Boyle A quorum was present. XTEM 2, AGENDA APPROVAL MOTION: Commissioner Mattero MOVED to approve the agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: APPROVAL QF MEETING SUMMARY - September 4, 2012 East requested her name be added to the YES vote on Item 6-a. BREHM= Commissioner Matterto MOVED to approve the amended meeting summary of September 4, 2012 and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED, ITEM 4: RERSONS SCHEDULED TO ILE HEARD -- None, ITEM 5: UNFI --TxSHKD BUSINESS 5-a. DiscussiOn -- Commission Goals and Objectives Joiner reviewed the goals and objectives. Commissioner comments included: Inquired about supporting fundraising. Inquired about teen use of the library. Asked about local school busses stepping at the library. Joiner noted the Library has asked to have a bus stop at the library added to no avail. Asked about expanding the meeting room policy, EN 9�1 Commissioner Matters MOVED to approve tlic Goals and Objectives with the deletion of Goal Four, Objective Four, Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 5-h. Action/Approval -- Kenai Community Library Collection Development Policy ,Joiner reviewed the policy. Mattero asked about weeding the collection. Joiner noted the last sentence in the section is missing the work "not." MOTION- Commissioner Bryson MOVED to approve the Collection Development Policy with the word "not" added as noted. Commissioner Mattero SECONDED the motion, There were no objections. SO ORDEFM D. 5-c. Action/Approval -- Non-Resident Fee Joins- reported Administration was considering a non-resident fee for the library. General discussion occurred. MOTION. Commissioner Bryson MOVED to support the 'Library charging an Out-of-State fee of $20.00 per year and Commissioner Mattero SECONDED the motion. Thercurcre no objections, SO ORDERED, ITEM 6: NEW BUSINESS 6-a. Discussion -- Meeting Schedule Joiner noted other cornmissions were considering changing their schedules. General discussion occurred, MOTION. Commissioner Matters MOVED requesting Council change the policy for the Library Commission to meet quarterly with the option that the chair has the authority to call' a special meeting as needed. Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED ITEM 7: REPORTS 7-a. Director -- Joiner read a thank you letter from the Kenai Little League for use of the conference room. LIBRARY COMMISSION MEETING NOVEMBER 6, 2011 PAGE 2 7-h. City Council Liaison -- Council Member Boyle reported a new commissioner could be confirmed at the next council meeting. ITEM 8: NEXT MP�ETXNG AIZENDANqE NOTIFICATION 8-a. December 4, 2012 Commissioners Bryson and Curtis requested excused absences from the December 4, 2012 meeting. ITEM 9: COMMISSION COMMBNTS;Qvv `I IONS Bryson welcomed Knackstedt to the Commission. Knackstedt thanked everyone for the warm welcome. Curtis asked about the Friends dinner. Mattera noted Commissioner Peters resigned and suggested a proclamation for his service, Commissioner Bryson MOVED to adjourn and Commissioner Mattero SECONDED the motion. There were no objections, SO ORDERErD, There being no further business before the Commission, the meeting was adjourned at approximately 7:50 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk am LIBRARY COMMISSION MEETING NOVEMBER 6, 2011 PAGE 3 THIS PAGE IS INTENTIONALLY LEFT BLANK `v ENDING APPROVAL I CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m, a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. MONOMER" Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present A quorum was present. c, Agenda Approval RUFAIMM Chair J. Twait, H. Knackstedt, J. Arness, K. Peterson, C. Smith, P. Bryson None City Planner M. Kebschull, Planning Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda as presented, and Commissioner Smith SECONDED the motion. There were no objections, SQL ORDERED, d. *Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Smith SECONDED the motion. There were no objections, SO ORDERED. e, *Excused Absences Approved by consent agenda. "`All items Iisted with an asterisk ( *) are considered to be routine and non- 127 controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a nu Com ission 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 a. *October 24, 2012 b. Work Session Meeting Summary (Information Only) Approved by consent agenda, 3. SCHEDULED PUBLIC COMMENT - None. 4. CONSIDERATION OF PLATS - None. 5. PUBLIC HEARINGS - None. 6, UNFINISHED BUSINESS - None. 7. NEW BUSINESS -None. "IFUNJU �' a. City Council -- Council Member Gabriel reviewed the November 7, 2012 City Council Meeting. b. Borough Planning -- Commissioner Bryson reviewed the November 5, 2012 Borough Planning Commission Meeting. c. Administration -- City Planner Kebschull noted most commissioners had attended the American Planning Association Conference in Anchorage earlier in the week. 10. PERSONS PRE SENT NOT SCHEDULED --None. 11. ENFORIEZATION ITEMS a. Cook Inlet Gas Storage Alaska LLC (CINGSA) - Third Status Report 12, NEXT MEETING ATTENDANCE NOTIFICATION a. November 28, 2012 PLANNING AND ZONING COMMISSION MEETING NOVEMBER 14, 2012 PAGE 2 W003 Commissioner Bryson requested an excused absence from the November 28 meeting. ,� Commissioner Smith thanked Administration for the Information Item regarding CINGSA. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:07 p:m, Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING NOVEMBER 14, 2012 PAGE 3 129 THIS PAGE IS INTENTIONALLY LEFT BLANK we 12 2 EUTHANIZElD 42 70 Dogs 2012 2011 Bogs 2012 20111 STRAY 92 91 ADOPTED 101 72 Dogs 49 60 Logs 43 35' Cats 43 30 Cats 54l 34 Other Species 0 1 Other Species 9 0 RELEl —AS E0 B) LO WNE I2 74 75 CI. kIMElD 22 23 Dogs 26 33 Dogs 10 22 Cats 40 42 Cats 4 1 Esther Species 8 0 Other Species 0 1 12 2 EUTHANIZElD 42 70 Dogs 7 1 Bogs 14 33 Cats 4 1 Cats 28 37 Other Species 1 0 Other Species 0 0 TOTAL TAL A istliYlALS 178 167 Other DjEa®sitiou 1 1 Borough Animals 48 59 Field Investigations 70 90 Total Dogs 82 94 Volunteer hours 84 137 Total Cats 57 72 'Total phone 539 437 Total Other Species 9 1 Kennel Permits 0 0 Community Involvement Projects_ 10/10/2012 — 10/5/2012 Stacie Mallette attended National Animal Control Association training. 20/1.012012, Boys and Girls Club Field trip. 10/1512012 — 10/19/2012 Cora Chambers attended National Animal Control Association training 131 DATE: 11114112 SUBJECT: Police & Communications Department Activity — Month of October 2012 Police handled S11 calls for service (up slightly from 59Qin October Z811). The Communications Center received Z54 emergency A'i-1 calls (1Onhnn cell phones). Communications pe=nnel handled 2,892 administrative phone calls during the month uf October. Officers made 50 arrests and wrote 248 reports. Traffic enforcement resulted iA252warnings, 6J speeding U � ck�.3seatb*|iUnkets,Z0citadionuforoqnipmantvio|adona,and83ohsb—fVr other" traffic violations. There were 5 DUI arrests (0 felony). Police investigated 15 vehicle crashes. Two of the crashes were DUI-related, and 3 of the crashes involved moose. On Oct. 1' two officers attended a two-day drug investigation class inAnchorage. On Oct. 1 L1 Rosna�onde(Lthe!n1enoatinna|AnoociatiunyofChi�sofPn|ico(|ACP)oonfenantoinSa` ' Diego, CA. On Oct. 3, Disoatcher Cline attended APSN Advanced User training in Anchorage. CN Oct. A. Sgt, George attended a Breath Test Supervisor n*omd course in Anchorage, On Oct, Q, Officer Ezell and Officer Williams attended a three-day Street Crimes class in Anchorage. On Oct. 23,Dispatcher Beckman attended Emergency Medical Dispatching re+ued training in SVldotna. On Oct. 23, Sgt- Langham and Officer Smith attended a five-day Interview course in Anchorage. Oo Oct, 24. Officer Harris attended Interne' Crimes Against Children training in Anchorage. |n the schools, SRO Prins had a busy month with presentations and some investigations. His presentations included: 5 alcohol and 5 drug classes (KCHS\.Di ita|��adiappesuntoUomSfora(( ntaff(KCHS/KNY8/kJ\HS),1 student Digital K4ediaclass (K�CH-�, and Halloween 8afoty c|aoa*s(grades1'3��L\/ievv/n||ufKa|midnscopml � 1�� '"� \ the G4�,l of "/ KENUALASKA s The final weeks of October went well for the department and we finished up "Fire Prevention Month" by doing presentations at Aurora Borealis and Kaleidoscope schools. Active Fire Prevention has been long standing tradition in our fire department and this October was no different. Our Fire Safety House was again a great teaching tool not only for kids, but for a lot of the new teachers in our schools that have never seen such a thing. We had three department Members attend the State EMS symposium in Anchorage during the first week of November. This is a great opportunity to get some advanced training in the world of pre - hospital medicine. Presenters from all over the nation are on hand and the continuing education opportunities are endless. The opportunity to sit in on presentations for nurses, and even doctors helps expand the education of our medics and builds confidence. This month we had our yearly safety training with ENSTAR Natural Gas Company. Mr. Charlie Pierce conducted ne training to the entire depot mcm along with members of the Kenai Police Department. We work closely with ENSTAR year round and this type of training help bolster this relationship. This month members of the department are focusing on ACLS or advanced Cardiac Life Support training. This has to be accomplished to ensure they keep their certifications. Also laier this month we will be finalizing the Ice Rescue training for the rest of the department. Last year half of the department completed the training and we will complete the rest of the department's training later this month,. Winter road conditions have come abruptly and we encourage everyone to take extra caution whether driving around our town or longer trips along the highway. We are continuing our relationship with Safe Kids hosting Car Seat checks at the Fire Station and are still allowing Ride a long students from the College. in KEKA4 ALPSVA \11V To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: November 15, 2012 Re: Monthly Report Tile fiscal year 2012 Comprehensive Annual Financial Report (CAFR) has been completed with the assistance of many departments but es ' pecally the staff in the finance department. The CAFR is planned to be presented to the Council at the December 5`h meeting, I attended the fall conference for the Alaska Government Finance Officers this month. Sessions at the conference included discussion on premium increases in workers compensation insurance, PEERS funding, GASB 61 a new accounting pronouncement that will have significant impact on all state and local governments, and many other pertinent accounting topics. The FY14 Budget is now the major focus of the department with information being compiled for department heads to assist them with their budget preparation. KENAI SENIOR CENTER NOVEMBER REPORT To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Dine: November 14, 2012 T otal Oclaher Meal Count 2012 :served: Total Congregate Meals Served: 1,178 Total Home Meals Served; 1,774 Total October Meal Fount 2014 Served: Total Congregate Meals Served: 1,076 Total Ito re Meals Served: 1,814 During the month of October the senior center was rented twice. Volunteers provided 1,025 service hours. Staff and 8 volunteers held a special cleanup, sort out and throw away party! At the end of the day it was great to see aclean sparkling kitchen, clean shed, and organized closets. fig seniors were present: for an Cktobcrfest birthday party, German music was the entertainment and brats and Sauerkraut were served. The senior center provided the space and Safeway provided the flu shots to community members. 125 people received seasonal flu shots. It is open enrollment for Medicare Part D frorn October 15 through December 7'". The admin. Assistant has assisted 40 to 50 seniors with Medicare and senior care hearing information and assistance. A KCI-I school scnior student held a special Bingo Night for her senior project. She made posters to advertise, received donations of prizes to give away to winters, and served refreshments. There were 25 seniors present. Everyone enjoyed themselves. It is always great to have the senior high students interact with the older senior population. We continue to have full classes for the weight resistance and aerobics classes and wellness workshops. Coleene RumLeT, nurse volunteer held two classes one on `°pious your kidneys Work," and the other on "Seniors Need Vitamin D." Volunteer, David Merrill gave apresentation on Emergency Preparedness Information, Driver, Dave Merrill attended the DOT Transportation Conference in Anchorage, Ile was recertified as a "Smith Defensive Driver Trainer." He will provide the yearly driver trainiug in classroom as well as on the road for 'the senior center staff. A wonderful Halloween Party was held. 62 seniors were present for lunch and 16 seniors and staff participated in he costume parade and contest. The senior center line dancers were dressed in costume and performed. 135 MufflawrTym m Streets Department has begun snow removal and sanding operations. w Closing date for Building Maintenance Lead job applications Friday November 1nw * Bid Opening for Trailer Mounted Generator 2pro Friday November 1Om Status m0Projects: 0 35% Schematic Design drawings received from Wolf 8rok/tentona and are under review, /\ proposal from Wolf Architecture to provide 10U%For Construction Bid Set drawings, and Bidding Assistance and Construction Administration is under review, * — P jeo\npecifi000ntrsu|revawconoohete.00mnoentuaUbmitted. Meeting with Siemens ie set for Thursday November 1S,2O12, � —A8 construction is complete with the on of final signage (temporary signs are mo1e)\od for the vvmte¢ topsoil and seeding. Project has been suspended for winter, Th�ma� climbing boulder, m ~ n�x` and Dynamo Meteor climbing structure have been installed, as well as the engineered wood fiber safety surfacing- This p �ao{i- aisaouaPandedfVrvvinief,Bn||ands.fmncing`ba||vva||`topsoi|.ueadingondfina)o}eanupre.�mintu be completed next year. w Full wetlands delineation complete and approved by USACE- C0ooeoluu| redesign "has been provided tothe city with 3 options tu ap|�the project �tu 2phamey Those options under review byadministration. * Substantial Con\o|eUun |nopoubnn took place Tuesday, November 61h, Final punch list |a being generated. n Project )n progress, Anticipated completion November 15m m ^ Design complete. Tobe bid ioJaoUary * -DesiQn in progress. Pub|iurneating held at 5:310 PKXnn Monday November 5"'. * Vintaoe Point and Senior Center Siding ' Proposal requested from Wolf Architectural toprovide professional design services. . -Onab|eoneQoti8tecOntrmct\with/\|sokaDresnnoTobebid �'��� � � /vw it NNr,p \\ MectiYO1,11 KENJU ALkSKA \�V Ice was installed at the ConocoPhillipsfCity of Kenai MPF for an Oettober 61h scheduled opening of the skating season. A total of 120 hours for the month was reserved compared to 99 hours for this same time period last season. The department recently acquired a couple pieces of equipment that will facilitate future maintenance procedures. The department purchased a used belly dump trailer similar to the one borrowed from the golf course this past summer. The belly dump will be used for future construction of the City's trails. Furthermore, the department took delivery of a new 4-stroke snow machine that will be used for grooming ski trails throughout the winter months. Department staff has been busy hanging winter decorations, namely Leif Hansen Park and various other facilities. A couple community service workers provided 48 hours of service during this time as well. Fencing/signage has been installed at the Daubenspeck Farnily Park warning folks of thin ice. The department will continue monitoring ice thickness and will open for skating at such time we can safely maintain the ice. The department took possession of a new building to be used as an office. Preparations are still underway and we hope to move into that space sometime this week or nex-t. 137 mumicipaiv irp rt Aiinuort lrnorovemenLProArarn: November 20112 Airport Manager's Report Master Plan — The Phase I report is being updated with the final comments and sent to the FAA for review and approval, Phase If which includes Facility Requirements, Alternatives and Environmental Conditions and Impacts has begun, Tree Obstruction Clearing Project: The FAA is conducting their final review of the plans and specs. The private property owners have been eliminated from the project. The project will be bid when approved by the FAA, Airfield_ Marking, — Plans and specs are complete and the City's front-end bid documents are being prepared by the Airport and City Administration, The project will be advertised and bid with painting to start next summer. In-house Projects: Rep)eling Pro=m==: The Airport is recycling! Nearly all the terminal tenants are participating and were very excited to do so. Mixed paper and newspaper are picked up weekly by the Parks Department. Thank you to Bob Frates and his crew! And a very special thank to Sheryl Oldham for organizing this program. No SmokiDg. Policy: Due to complaints from the public and businesses the airport smoking policy has changed to include No smoking outside the buildings. The policy on smoking is on the reverse of this report, Have a safe & hapyy 9'fianksgh,,i.,ng1f Iwo Month ERA GRANT Total YT ➢in 011 .Change from October 2012 _ Jt AVIATION AVIATION a3 2012 ! 261, kVIATtO Month Total tal er 2evan 8c,25% r 7,615 6 GRANT I evc n�car,�e nafo-��n -i; 1 90 5 994 J 231 48rS 2,545 g .EO . g .,13 800 32 7,65; J2 May 6 10 2 3 < b a9� @09 E.5 G1 T.520 ! i94 7.164 `s ?2 H S03 6 06 Fn 01 .: c;50 r ^6 7 659 68:75% z9 8,331__j Month ERA GRANT Total YT ➢in 011 .Change from KENAI Combined _ Jt AVIATION AVIATION a3 2012 ! 261, kVIATtO Month Total tal er 2evan 6 r 7,615 6 '7 vr c �u a � u Agrrl 1 90 5 994 J 231 48rS 45 1 7 2 � g .EO . g .,13 800 32 7,65; J2 May 6 10 2 3 < b a9� @09 E.5 G1 T.520 ! i94 7.164 `s ?2 H S03 6 06 3d0 r ^6 7 659 z9 8,331__j iJU, lY 834 ! 2 r3 29a 1fiE E? i-EO6 /\u!au t 7 7690 1 I u4a. in 'n irsem o,ia� ,cam -i Terminal -Vehicle Parking Revenues OCTOBER 201T :120270 iFY12Total 6204,Eb9 2032 522,221 FY13YTO „$E5;775 30000 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 ,we M FYI e FY13 FLO-AT PLANE BAST M ACTIVITY 2008-2012 ----------------------------------------- ----------------------------------------- OPERATIONS rwonth 2012 2011 2010 2009 2008 MAY 12 49 '1 109 118 l 66 JUNE 149 135 170 1 190 118 JULY 172 162 228 I 242 242 AUGUST 4.95 124 192 278 192 SEPTEMBER 29 86 13 146 119 OCTOBER 10 56 20 68 i 48 NOVEMBER Closed 1 Cbsed Closed Closed Closed rotal 567 612 802 1042 785 ----------------------------------------- FUEL SALES Month 2012 2011 It 2010 2009 i 2008 MAY $292 f $150 $521 $368 i $561 JUNE $3,206 $2,558 $2,027 $2,714 $3443 JULY $2,533 $4,421 $3,870 $2,815 $3 252 AUGUST i $5,929 $3,535 i $2,497 $3,390 i $3,506 SEPTEMBER $824 $2,211 $1,447 $2,498 I $1,735 OCTOBER sr, $576 S43 $642 5100 Total $12,783 $13,451 10,405 $12,427 $12,596 Slips Rented Private Commerical Basin opened an May 23, 2012 ME Rev 6/2008 `Se�-virq the Greeer Kenai Peninsula" 305N WC.LOW ST -SUITE ZX) �c \141,ALA51(A996113 LEPHONEW7-283-7951 FAX 907-283-3737 ARPOR T 3ULLEM 08-20° 2 To: Terminal Tenants and Emplo es From: Mary Bondur2nt, Airport Manage / I Date: November 13, 2012 Subject: AIRPORT SMOKING POLICY CHANGE Due to complaints from the public and local businesses, the Airport smoking policy has changed—effective immediately. Smoking is prohibited outside the buildings, as well as inside, and at any place on the Airport (Airport Rebulations 12.05.030). Violations of this regulation constitute infractions. The penalties are detailed in the Kenai Municipal Code (KMIC 12.40.606). Excerpts from the regulations and code are printed below. The full text of these documents is available on the City's website (www.ci.Keriaj.ak.us) and at the Kenai Library. Airport Regulations 12.05.030 Smoking, No person shall smoke on the Airport, in any hangar or shop, D, servicing area, gasoline storage area or in any building, room or place on the Airport where smoking is specifically prohibited by the City Fire Chief or the Airport Manager, Siena Municipal Code 12.40.060 Violations and penalties. (c) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: (1) A fine not exceeding one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12,55,039, for a first violation within a twenty-four (24) month period, (2) A tine not exceeding two hundred dollars (5200.00), plus any surcharge required to be imposed by AS 12.55,039, fora second violation within a twenty- four (24) month period as measured from the date of first violation; or (3) A fine not exceeding five hundred dollars (5500.00), plus any surcharge required to be imposed by AS 12.55,039, for a third or additional violations within a twenty-four (24 ) month period as measured from the date of first violation. Feel free to contact me if you have questions (283 - 7951). www.keriaiair;Dort.com 141 KENAI COMMUNITY LIBRARY y MONTHLY REPORT N tiveouy6f // NC}V# MBER2012 KI, ALASKA October Circulation Figures Adult Fiction 1,734 Internet Access 1.373 Adult Non-Fiction 1,668 Xerox 131.50 Young Adult Fiction 374 Video 6 Periodicals 160 Roam Rooking 325 Iuvervle Fiction 559 music 104 hvenile Non- Fiction 346 INDS 3,101 Easy Fiction 2,064 .Audio books 208 E.as, Non- Fiction 562 1\-Siscelianeous 179 Interlibrary Loan 43 Computer Programs 9 j Total Print 'S'otalNon -Britt 5,105 'total Circulation 22;651 III-House circulation 543 '. Library Door Count.....,. 8,398 Downlaadabte Audio 377 Sreegat Music 63 Downloadable.Ellooks 372 In October we had 6 volmrteerswho worked putting in a total of 2', hours. There were 22 Children's programs with 593 total attendance and 6 adult programs with 29 participants. Kyrstm went to Head Start and read to 53 children. Our new Spanish story time is a big hit! Inter Library Loan logged 59 orders zith 52 items received, 50 returned and 27 items lath by our library tm n4'}, cm✓ vnM'iA,f�nr. a* Total income $ 1,782. 12 Library Cards Issued OCTOBER Income I Fincs $ 1,089.70 Xerox 131.50 Lost/Damaged 175.42 Test Proctoring Fee 20.00 Printing 320.50 Other 45, „00 Total income $ 1,782. 12 Library Cards Issued October Clam Gulch I Cooper Landing I Homer I ILL 3 rasitof 5 Kenai 84 Nikiski 13 Ninilchil a j Non Resident 5 Seward 2 Soldonta 39 Sterling 4 Ormnization & Other 0 `total 10 I attended the annual Director's Leadership retreat sponsored by the Alaska State Library in October. This years' speaker was Pain Sandlian- Smith, Director of the Anythink Colorado libraries. She presented a program outlining the transformation she has made to libraries in Adams County Colorado and the reverberations of those changes around the country. They are using a boot: industry standard, BISAC, to organize their materials instead of using the Dewey Decimal System which they are calling WordThink. They have also made some changes in .stafPcompetencies and Job descriptions. WN MEMOS TO: Rick Koch, City Manager FROM: Marilyn Kebschull,Planning DATE: November 7, 2012 S? BJECT: Comprehensive Plan Update Status The following provides an update on the Plan: ® The Commission held a work session on October 24 "i and began reviewing comments received on the draft plan. Numerous comments were received. The Commission reviewed approximately half of the comments. A work session is scheduled for November 14 "' to continue the review. Due to the number of comments and extensive review by the Commission, it is unknown when the Commission will be prepared to schedule and hold a public hearing on the plan, T will keep you informed of the Commission's progress. MIIN THIS PAGE IS INTENTIONALLY LEFT BLANK im / PURCHASE ORDERS BETWEEN $lSVU.DO AND $YS,000LV0 FOR COUNCIL REVIEW COUNCIL MEETING OF: NOVEMBER 31,%913 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT ALASKA COMPUTER C0NSUI-TANT0 YVEB8|T5R[DE3|GW CLERK PROFESSIONAL SERVICE,,.; 5.008D8 SOLUTIONS nYDESIGN WALL BEDS FOR CAPTAINS QUARTERS FIRE MACHINERY &E(lU!PMENT 10.49700 INGRAM LIBRARY SERVICES ALASKA NEW HOME BUILDERS NAT|0N8L SEMINARS TRAINING � ZONES � cn BOOKS LIBRARY BOOKS C0N83.ON CITY ATTORNE.YOFFICE 0VKD|MSS BUILDINGS NOW ' FMLAJADA SUPERVISOR I RAINING DEPARTMENTAL PROFESSIONAL SERVICIES 4,00000 4,309 00 5,200 00 APO 8MART4/PSE0U|PMEN7 |TC8POALPR0J. I`,lACH|N�RY0EOU|PMrNT 3.81&88 AN8DR0MgU8 REED CANARY GRASS FISH PROTECTION PROFESSIONAL SERVICES 5,382.00 THIS PAGE IS INTENTIONALLY LEFT BLANK mg 'c1 1, { L I October 27, 2012 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 "Y , -, .'6:i+ 011 3 £_1232, Si fNL i-1- A 94 6 1 K i"PS 1 s?, fj V w Adjnit, 1 F'Aixlc R'�:cr, AK 995" "� �8329 , A J N."Cr s I, LO'Kln T1UT= pc� llu'� i� iq T C'i uix Ril°� AR, Pff-Rh liskc' Ri�hhmdl' k1p, The Alaska State Elks Association has applied for a renewal of our Gaming Permit to conduct raffles in the City of Kenai area through our Kenai Elks Ledge 2425, Pursuant to Alaska Slate Gaming Regulations we have enclosed a copy of our renewal application. If there should be any questions feel free to contact me at any time. Sincerely, 0 �y yr Paul J, Whitney, Secretary Alaska State Elks Association 231 Knoll Circle Soldotna, AK 99669-7352 907-262-5667 wvvsi.Fr siaaL AFRA-,-'PN,M 0 147 5-Si-,mbws in ch4krat ��O aa�,'Wmn Wl� . ... . Yr, ll K2 M,� �4,� -v Poo, APa- . , rd a4Kw,,%w, MAN jr °:" INVi .a .tin.: ".'........_ .mac , . Rcw.».,u ........d.. _ . .... ...� � .. m.... ...... . w'a's 104 it lan ......,.. _. a 7gz.r too n , C A'syscaTsp; IN 101- not, Yz \0 t d J • 201 j ALASKA GAMING PERMIT APPLICATION AREA -BASED GAMES Anchorage Area Anchorage Elks Lodge 2868 RAFFLE Municipality of Anchorage P.O. Box 230462 Anchorage, AK 94525 Eagle River Area Eagle River Elks Lodge 2682 RAFFLE Municipality of Anchorage i 7111 North Eagle R ver Loop Road. Eagle River, AK 99577 Fairbanks Area Fairbanks Elks Lodge 1551 RAFFLE City of Fairbanks 1003 pioneer Road Fairbanks, AK 49701 Wasilla Area Palmer Elks Lodge 1842 RAFFLE Mataruska- Susitna Borough 2600 Nortb Barrys Resort Road W asilia, AK 99645 Valdez Area Valdez Elks Lodge 2537 RAFFLE City of Valdez 339 Fairbanks Street (P.O.. Box 1607) Valdez, AK 99686 Bristol Flay Area Bristol Bay Ellis Lodge 2687 RAFFLE Bristol Bav Borough Mile 5 Omholt Subdivision (P.O. Box 477) King Salmon, AK 9961 Homer Area Homer Elks Lodge 2127 RAFFLE City of homer 215 Jenny Lane Homer, AK 99603 Kenai Area Kenai Elks Lodge 2425 RAFFLE City of Kenai 205 Barnacle Way Kenai, AK 99611 Kodiak Area Kodiak Elks Lodge 1772 RAFFLE' City of Kodiak 102 West Marine Way (11.0. Box 846) Kodiak, AK 99615 Seward. Area Seward Elks Lodge RAFFLE City of Seward `�1773 419 5* Avenue (11.0. Box 426) Seward. AK 99664 Soldotna Area Soldoma Elks Lodge 2706 RAFFLE Kenai Peninsula Borough 44640 Parkway Avenue So dotna._AK 99669 Juneau Area Juneau Elks Lodge 420 RAFFLE City & Borough of Juneau P.C. Box 33239 Juneau. AK 99803 Oct Ketchikan Area Ketchikan Elks Lodge 1429 City of Ketchikan 1448 Tongass (P.O. Box 5177) Ketchikan, AK 99901 Petersburg Area Petersburg Elks Lodge 11615 City of Petersburg 301 North First Street (P.O. Box. 609) Petersburg, AK 99833 Sitka Area City & Borough of itka Skagway Area Municipality of Skagway Borough Wrangell Area City & Borough of WrangeD Sitka Elks Lodge 1662 412 Sawmill Creek Road Sitka, AK 99835 Skagway Elks Lodge 431 560 State Street (P.O. Box 416) Skagway, A14 99840 Wrangell Elks Lodge 1595 103 Front Street (P,0_ Box 377) Wrangell, AK 99929 M71 RAFFLE RAFFLE RAFFLE RAFFLE RAFFLE Iml9IITAaM AT V"I IRIHii V&1;12i- 391ILR im Alaska 2013 Gaming Permit Application Organization Information - 5EARTMENT USE ONLl i 1 ENV ^, %�:,', --i :' rf iFSN _ ivun er 1 fax NUmhe., v�eanrz�ror wares vtlebsite Adnress i� Ijkpc l r_ca� c?s,' -� i11 �(r , 00 cl- ItJ�It Address JgrsCitY *. :Stare 'ZeI, ^Doe j t V, � � ._ � t-f d i AK -1 / m 0 �nfif} Type (check one) Organization Type (check one) for definitions see AS 05.15.690 and 15 AAC 160.995. iarpgration ; (harltable 0 Fraternal ❑ etite or fire department p ❑ Civic or Q Labor ❑ Political 1 Association F-" Dog mushers' association C' Municipality [] Religious ' Educatamat ❑ Nonprofit trade association 0Veterans j. E] Fishing derby association ❑ Outboard. motor association D IRNNative'Village, . Yes J No Does the organization have 25 or more members, as defined in your articles of Incorporation or bylaws, who are Alaska residents? Members in Charge of Games Members in charge must be natural persons and active members of the organization or employees of the municipality and designated by the organization. Members in charge may not be licensed as an operator, be a registered pull -tab vendor or an employee of a vendor for this cre2n17alinn. If mnretnnn nna €..egal QuestionS These questions must be answered, If you answer Yes to either question, see instructions. Does any member of management or any person who Has any member of management or any person who is 0 Yes No is responsible for aamino activities have a. Prohibited tYe - responsible for comics activities e,wr been nonvirfod of conflict of interest as defined by 15AAC 160.9547 a felony, extortion, or violation of law or ordinance of this state, or anotherjunsdction, that is a crime involving theft or dishonesty, or a. violation of gambling laws? o declare, under penalty of unsworri falsification, that we have examined this application, including any attachments, and that, to the In our knowledge and belief, it is true and complete, We understand that any false statement made on the application or any attachments roanneem by law. By our signatures below we; the primary member,,theattersam member, and if applicable, the manager of games, some >w the Department of Revenue to review any criminal history we may have, in accordance with 15 RAG.1 &0.934. c 1st 1-G i e' - 31-1 te'. )ate (0151, 11 One copy of the completed application must r"ermti rest -- be sent to the nearest municipality or borough. The pennit #se is based on Me 2012 estimated See instructions for mandatory attachments, Dress recelots. Check the a o ate box. --�� �-- - -�� -. �f Now applicant i $20i Pay online with OTIS at wwwrax.olaska gov or make check -- D so- $20;000 $20 - payable to State of Alaska. New applicants must pay by check. �I lG .$20,001— $100;009 $501 $100;001 or more $100,i! Mail to: Alaska Department Of Revenue, PC Box 119420, Juneau AK 99911 -6420 0405 -626 Rev 09!12 - page 1 153 _ Alaska Gaming Permit Application 826 Cann rg Perronta O lame -- — � rr t ra u i nty- Inasea uaCnes, (sett -flue Cted) If more than two fun lities, attach a separate :sheet � r —�- FaghtyName "("+, 7"'€ IPhq lca Adtss /,I r City 'State (Z L JrVo iht?UrJ� PICI 1} tint AK17(t /t Facility T pe check one) Game Type eck all that apply). Owne iLeased �'ponatad Lleirago Raffle 0Pull -tabs `€`]Animal classic (ch.ci(en)* Q Animal classic (rat race)' 0Special draw raffle Caallcutta pool ** Facility Name IYhysieal Address �City IState. Zip Code I AK (Facility Type (crack one) Game: i`ppe(check all that apply) IVn Owned d Leased EI Donated 10 Bingo ❑Raffle 0Pult -tabs EL, Animal classic (chicken)* El Anima' classic (rat race)" Special draw raffle i� Calcutta poo €" Area -Based Games If more than two areas, queen a separate sheet, 'restricted game type see instructions for mandatory attachments Area Game type (check all that apply) mm _ i QRaffie 13 Contest of skill 01 Fish derby E] Dog masher' contest Classic (specify) Area !Game type (check all that apply) ❑ Raffte []Contest of skill ❑ Fish derby 0 Dog mustier' contest C Classic (specify) Manager of Games Required oniyfor self - directed pull -tabs and bingo Manager FirstNama Mt Manager Last Name !Social Security Number ;Daytime Phone Number ;Home Mailing Address Email iMobile Phone City - -� ;State Zip Coded Has the manager of games passed thetest-r jpermit# under which test taken, El Yes ONO vendor lnrorntat on Attach 2012 vendor registration Bar or l-iquoi Store Name Physical Address IBar or Liquor Store Name Physical Address -Bar or Liquor Store Name jPhysical Address Operator information Designate operator who will conduct activities on the organization's behalf, Operator License # Operator PhysicalAddress Multi pie-Beneficiary Permittee Information (ME Designate the MBP with which the organization has sinned a oartnel and feels) for each vendor listed below, City l,/ _ ` state Zip le J_ {{ JJU'JItl67J7 C Y 01 / State Z F Cgde, A# y�l !City 'State Zpa Code AK City IFtarle 0p Code A 'City, IState Zip Code AK ,t ach sioned operating contract(s). If more than one operator, attach a separate sheet. FablityName u 7Game Tyrant) I Gjty jState. !Zip Code anoint venture agreement. Facility Name Dedication of Net ProceedS Describe in detail how the organization will use the net proceeds from ga f t ( CC����� — 0_ six f (^ 7�-e v C? f 16 826 i Game Types) IState Zip 'Code m ` J G ing activities. I d c- 5` c'7. ._ 0405-826 Rev:D9 /t2, page 2013 Pull-Tab Vendor Registration A registration is required for each vendor location. Aperm ffee may not contract with more than five vendors atone time. i 854 vendor Intor9 atfon sugar widesuons *If yourburr aess has not been issued a federal EIN, you are required to provide your social security number These: questions must be answered, If you answer Yes to any question, please submit the person's name,. date Of birth, social security number and position offesponsibtlity. © Yes:ONO Has any member of management or any person. Who is responsible for gaming activities ever been convicted of a felony; extortion, or a rr�--�� violation of few orominance of this state; oranotherJurisdiation, thatis a. crime involving theft ordishonesty,.oravlolation of gambling laws? t_i Yes X a Do you employ or have a contract with the primary or alternate member in charge, officer, board member or manager of gaming for the above orgamanclon? E Yes Ro Do you have a contract other, than a vendor contract with the organization tilted above? Vendor Contract to Sell Pull -Tabs Pursuant to AS 05.15.188, the vendor listed above hereby agrees to sell pup -tabs as a vendor on behalf of the committee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permittee, I �7 A of the Ideal net of each game maybe retained by the vendor as compensation. Permitted must receive at least 70% of the ideal net from each game. AS 05.188(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shalt be paid by check by the vendetta the permittee upon delivery of a pull -tab series AS 05 :15:188(i). It is further agreed that the vendor will ensure pull -tab winners of $50 or more will complete prize receipt'form% that prizewinner summary farm will be completed for each pult-tab game and retained with those winning pul -tabs AS 65:7 5 187(iJ; and these records of pull -tab winners will be given to the permittee to retain for the required two nr three years. AS 051 5.187(1). It is further agreed that It 1s the vendors responsibility to ensure gaming activity at this vendor location Is conducted in accordance with all applicable state surntes and regulations. It is further agreed that, if the vendor is no longereligible to sell pull -tabs, then all unopened and opened pull -tab games shall be returned to the permutes within 1.0 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160.490. I"it aocvare, unaerpenarty or unswom mastication, that we have examined this acplication, including any attachments, and that b the best of our knowledge and lkeliaf, it is nue and complete We understand that any false statement made . on the application or any afrom ments tspunishable by Is w. I Vendor ,5nafure Printed Name ,pate j Registration Fee €s:$SD - ' !—_ oFanarV;E"NTUsec Pay online using (OTiS) at www.hx:aiaska Validation # ,gov or your check payable to i the State of Alaska. This completed registration forma must be attached to a permit application form and will not be processed until the fee is received. Date Stamp Phone 907.465 -2320 l Fax 9D7- 465 -3098 rra 5 Mali to: Alaska Department Of Revenue, PO Box 110420, Juneau AK 99811.0420 0405 -854 Rev 09112 Ufflillrod MOM Alaska 2013 Pull-Tab Vendor Registration A registration is required for each vendor location. A permittee may not contract with more than five vendors at one time. _7c2 -X Vendor Information tS 0 Legal Questions ? 3 p 3 P ittee Name - - f -.l7 alt ele /-/,IL PIbi >E_ 3o iN _AZ ;le Beverage. Dispensary License:#p; r s I License e - �L TBusiness Phone Number pa i 854 3 sate 'Zip Corydef Gity o; endor Location State Z'p AK > AK 4 IfYODU..r business has not beer, issued a federal EIN, you are required to provide yoursociat security number These questions Most be answered, If you answer Yes to any question, please submit the person's name, date of fiirth; social security ,number and � position of respornmility. Yes `� No Has any member of management or any person who Is responsible for gaming activities ever been convicted of a felony, extortion, or a t-� violafionOf law or ordinance of this state, or anotherjurisd ction; that is a crime involving theft or dishonesty, or a violation of gambling laws-? Ely" r No Do you employ or have a contract with the primary or alternate member in charge, off car, board member or manage of gaming for the �t above organization? t_f Yes lam* ` r7/ .No Do you have :a contract other then a vendor contractx%dh the organization listed above? Vendor Contract to Sell Pull -Tabs Pursuant to AS 05.15.188. the vendor listed above hereby agrees to sell pulktabsras a vendor on behalf of the permittee listed above. The vendor further: agrees that, as compensation for expenses incurred in selling �^� ' g receive t le t 0% of of the l net each g e AS the 05. 88( helot each game maybe retained by the vendor as compensation. Parmittee must receive afieast 70 % of the ideal nePfrom each game. AS 05.18;3(h). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the: vendor,. shall be paid by check by the vendor to the permittee upon delivery of a pull-tab series. AS 05:15.188(1), It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete Prize receipt forms; that a prize winner summary form Vil l be completed for each pull tab game and retained with those winning. pull-fins, s AS 05:15.187 (I); and these records of pup-bib winners will be given to the permidee to retain for He required two or three years. AS 05.15.187(f). It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted In accordance with all applicable state statutes and regulations. Itisfurther agreed that, if the vendor is no longer eligible to sell pull- tabs, then all unopened and opened pull-tab games shall be returned to the permittee within 16 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-tab games >must be treated in accordance with 15 AAC 160:490. we it is sue Registration Fee is $50 including any attachments, and that, Pay online using (OTIS) at www- tax.a €aska.gov or make your check payable to the State ofAlaska. This completed registration form must be attached to a permit application fonn and will not be processed until the fee is received. Phone 907- 465 -2320 Fax 907 -465 -3698 Validation # Date Stamp ONLY Mail to: Alaska. Department Of Ravenae, PO Box 110420, Juneau AR. 99811.4420 0405 -854 Rev 09112 am q e w. v,.._ A .9 �- W 1,0VS i2!OR St ,,F l .A,.4FLI October 31.2012 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dep artment of Natur .esources Re: Public and Charitable Sale of State LandIADL 231036 Dear Mr. Koch: Division of Mining, t. a a &. Wate; Lana; Scles &' Contract Adnimisira ion. Section 550 W-sl 7th Avenue, .Suite 640 Anchorage, Alaska 99501 {7575 Main: 907.269:8597 TDD: 907.269.8711 Fax: 907.269.8916 hi' p: / /dnr.alaska.gov /rnlw /landsole/ hlTD: / /fOcet)ook,ccm /oloskoland/ ati r r rv..� r Congratulations! The Final Finding and Decision approving the sale of a parcel of state land located in Section 36, Township 6 North, Range 11 West, Seward Meridian pursuant to AS 38.05.$10. Pubic and charitable use has been signed. A copy is enclosed for your records. There is a twenty day appeal period during which anyone who properly submitted written comments during the public notice period may appeal this decision. If no appeals are received, the decision will become effective on the 31"day after the date of issuance of the Final Finding and Decision. At that time we will send you aletter explaining the next steps in the purchase process. Feel free to contact me at the email address or phone number below should you have any questions. Sincerely, t} h Lauren Rouen Natural Resource Specialist 11 (907) 269 - 8851 atrrc„ rouerr(uµ rsr si <r,:0ov Fncl: Final Finding and Decision for ADL 231036 and attachments Offi STATE OF ALASKA DEPARTMENT OF NATURAL E E FINAL FINDING AND DECISION —AS 38J16X10(a) PUBLIC AND CHARITABLE USE on- competitive Sale to Preference Eight Applicant, City of Kenai, A L 231036 This Final Finding and Decision is intended to cOmPfernent and update the Preliminary Decision for ADL 231036 issued on June 26, 2012 (Attachment 2), Aut o ty: The applicable authority includes, dull is not limited to, the following Alaska Statutes (ACS): AS 38,05 S1Q(a) Public and charitable use. Traditional Use Findin ss; A traditional use finding is necessary because the subject parcel is located within an organized borough. Fins; Finding and Decision AEX 231036 im provided , a Proposed sale following issuance of the Preliminary Decision, and we have received approval from the Aftornry Public Notice and Discussion- C`ormments received pursuant to AS 38,05.945 during the public notice period and the [Division's responses can be found in Attachment t. Survey, Appraisal, and Purchase: The applicant must oortspiy with the following requirements as set forth below, 2. Within six months from the bate of notice that the [Department has issued the notice to proceed to survey, the applicant must hire a surveyor and the surveyor must apply for Survey Instructions from the Department. 3, Within two years after issuance Of the Survey Instructions, the applicant must submit a completed survey to the Department for review. The applicant must have the surrey approved by the Kenai Peninsula Borough as set forth in the Surrey Instructions, 4. Within two years from the date the Department has issued snot €ce to proceed to appraisal, the applicant must hire an appraiser and the appraiser must submit to the Department a completed fair market value appraisal in accordance with appraisal instructions issued by the Department. Firef Finding and Decision ADL 231036 im Page 2 of 6 Failure on the part of the applicant to make a good faith effort to cornply with the requirements and terms of the Final Findins and Decislo and Decision may result in the closure of the public and charitable use Purchase case unless the delay and extenuating circumstances are approved in advance by the Special Conditions: Z The access : R being used from the Kenai Spur Highway to the platted easement mein W qm is not legal access. The right-of-way U +»d Final , and Decision mE KWI Page le, Brook Drive from the adjacent subdivision will be extended, into this parcel Each of the above will be depicted on a plat of surrey. Reversionary Interest. The Department will reserve a reversionary interest in the subject parcel in the conveyance document, in accordance with the requirement in AS 38,05,&l 0(g). Should the parcel cease to be used for public and charitable purposes, title will revert to the state. rz are as follows: A Land Classification Order is not necessary to reclassify the land in this management unit from Resource Management to Settlement. This iiass'ccation is appropriate for disposals to a municipality. 2. To the extent the applicant's proposed use of the subject parcel allows, the applicant is to manage the subject parcel consistent with the Resource Management classification. Division of Mining, Land and Water Final Finding and Decision ADL 231036 M s Final Finding and Decision A€ L 231036 L Page 6 of 6 d ch€ ewt PUBLIC NOTICE for the Non - Competitive Sate to Public and Charitable Use Applicant City of Kenai Notice provided under AS 38-0&945. A public notice announcing the Preliminary Decision for the proposed non - competitive sale etong with solicitation for public comment was published and distributed incompliance with the above statute in the following manner: Comments Received: We received 9 official written comment during the public comment period. This comment is summarized and addressed as follows: I. From Sidney W. Knight Mr. Knight expressed concern about the zoning on nis Property in Beaver Creek Subdivision (Mural Residential). He requested a variance on the zoning of his property because of the commercial and public use property now surrounding his land. Response: The City of Kenai has zoning authority within the city's boundaries. The commenter should contact the citys Planning and Zoning Department regarding property zoning. Finai Finding and Decision ADL 231036 EMME Attachment II� Proposed Public & Charitable Non-compathIlve Sale to city of Kenai L 231036 in order to complete the sale pmtq.[L4��,* Parcel of State land from Resoums Management to Settlement pursuant to As IS The Public d to comment on this Preliminary Decision sale and the proposed [and classification order, o, P A, g seepage '95fordetallson howto submit comments on this Preliminary Decision. Authority. The applicable authority includes, pulls not limited to, the following Alaska Statutes (AS): AS 38.06.810(a). Public and charitable use Administrative Record. The administrative record for the proposed actions consists of the trallo wing <c se file: ADL 231036. Also incorporated by reference are SCH-17 (State Preliminary Decision Atli 231036 rl Attachment Pursuant to AS 38-O&M O(M If the Grantor determines that tie Grantee, 0 Grantee's successors in interest, has uaec� or are uslng� the property for other ncel than public Put poses the Grantor may declare a forfeiture of this conveya a title hereby conveyed shall thereupon revert to the State of Alaska, The Final version of this restriction will be In the Final Finding and Decision and will be fisted in the State Patent. Preliminary Decision AOL 23 036 K850urre management to Page 2 of 19 tt Chment eocraohlc Feetuees The parcel is Partially wooded and contains flood prone areas and vvetlands.. Braver Creek, an anadromous stream;, runs through the southeastern portion of the parcel. k+lunfcfoai€ty( orocroh The subject parcel is looted within the municipal boundaries of the City of Kenai and within the Kenai peninsula Borough, Native eoionallyl €P ae Core oraffonstr ouncifs The Native regional corporation Is Cook Inlet Region, Inc. (CIRI). The village co ration for the Kenai area is Kenai Native Association, Inc. The Kenai area traditional council Is Kenaltze Indian Tribe. a Pre[ininary Decision AD L 239 4 Fags 3 of 55 4 Aftachment Exchange. The applicable State selection file is SCH -17. The federal case file is AA- 051771. 11RIS —statul This is state land conveyed by Federal Patent number 1227505 issued June 27,1962, DY-e Restrictions: The parcel is subject to the reservations, easements, and exceptions contained in the federal patent. Mate Rotair eed lrsterest Not applicable to this decision, Qlher Canflic�ltics i siterest There are third party interests that affect the subject area as follows: The subsurface Of the sub1cm Parcel was conveyed to Cook Inlet Region, Inc. pursuant to the Cook Inlet Land Exchange (ADL 200641). An oil and gas lease (ADL 60561) conveyed to Cook Inlet Region, inc. pursuant to the Cook Inlet Land Exchange. Pee €i lins,-, Decision ADL 231036 *M Attachment UMM rearing of cohoj chinook, Dolly Varden and sockeye salmon, PWWnwy Decision ADD 231036 im Page 5 of is Attachment 2 1964 24�111 iiiiiiiiiiiiji 1111111111111111111111111111111 11111 111111111111 1 111111 111111111111111 Fill 11!111 pill IN :1111ill Ili to the City of Kenai in See Attachment B, rt. Planning, Claselflcation and Mineral Ordera- .. i he sub' t Mmel is located within the Kenai Area EL --&011on 5, Unit 481. The designated land use within this management r W€rninary.Decisi€rn ADD 231036 im Attachment ownership. be maintained or subject to a management buffer along the creek if the parcel is conveyed out of state i* a and prudent and for non-water dependent uses only. k s f i f Y Run NMI- I Paetrcr€ nary Mcislon ADL 231036 W1] Pagel of 15 and other community- seevlce oriented facilities:" The city expects to comp to revisions to the plan in 2012. Easements and- Setkaecks: Current public easements on the property include the #olloy,ring, which the propel gill be made subject to: ADL 51056, a right-of-way 100 feet in width and 4,325 in length Issued City ffl Kenai for an access road to a gravel pit site, also known as Shotgu ADL 80086, a public utility easement 20 feet in width issued to Homer Electric Association for an overhead ADL 22,4182: a public utility easement 20 test in. width to be issued to Homer Electric Association for an overhead electric distribution fine, section fine easement exists within this parcel: The easement extends from boundary the section line on the parcel's eastern Adjacent to the parcel bounderyi there is also a section line easement extending out 33 feet on the eastern side of the section fine. See Attachment A, Sidditionsf easements because of the creek: both sides of above, and measured from ordinary high water for the purpose protection per the Kenai River Comprehensive Management Plan and the Kenai Area necessary for a municipal well(s). A building setback 100 feet in width on either stele of Beaver Creek per the Kenai Area flare. The only allowable improvements within the I 00-foot building setback are those necessary for a municipal well(s). Preilminory Decision ADL 231036 page a of 10 171 cceaw: Access to the parcel is from the Kenai Spur Highway and Shotgun Drive (ADL 51055y water mark along both sides of the creek, consistent with AS 3&O&J 2T Subject Parcel is located within an organized borough; owned by Cook Inlet Region, hic. to the public g Performance Guaranties and Insu new. Not appiicab €e to this decision, Survey. Preliminary Survey Determination #2011 -3 dated December 23, 2011 from the Division's Survey Section determined the parcal to be unsurveyed. Foilswing DN Preiminary Dedsion ADL 33 635 im Page 9 of 95 Attachment approval of the proposed sale of the subject parcel, the applicant vOJI be required to complete an Alaska State Land Survey to state standards at the applicants expense. filed in the appropriate recording district. Preliminary Decision ADL 231036 Page 10 € f 15 im WGIN MW I Finding and different parcel the existing wail on _ adjacent parcel preferred. alternative is not needs meet the ciys long-term and would result in the state owning a municipai well and associated facilities at the expiration of the lease. Leasing the parcel would not generate the same amount of revenue for the state as a sale This alternative is not 1 Y with the objectIves of the Kenai Area Plan. A Preliminary Decision ADL 2390383 MA Page 1; of 95 Attachment The state does not guarantee the condiflon or usefulness of the subject parcel. The land is offered "as is" with no guarantees, expressed or Implied, as to Its suitability for any planned or potential use, or as to the availability of any public or private services'. 1, Within 64 days from the date of:iassuance of the Final Finding and Decision, the applicant must submit to the Department the following: a, Reimbursement of the cost of publishing the public notice in the Anchorage Daily News - Peninsula Clarion, Public costs must be paid before the state will authorize the applicant next stage in e process. I notice 2, Within six months from the date of nolice to proceed to survey, the applicant must hire a surveyor and the surveyor must apply for Survey Instructions from the Department. 3. Within two years after issuance of submit a completed survey to the Depaitment for review. applicant have the survey approved by the Kenai Peninsula Borough . - Survey Instructions. appraiser 4. Within two years from the date the Department has issued a notice to proceed to appraisal, the applicant must hire an appraiser and the appraisal the Department a completed fair market value appraisal In accordance with t by the Department. 5. Upon approval of the appraisal by the Department, a notice to proceed to purchase will be issued to the applicant. Within the time period.spected in this notice: the applicant must submit to the Department the following: a, A completed Declaration of Intent Form and $100 document handling fee and b. payoff amount or minimum 6% deposit for the Issuance of a contract far safe. The Department proposes to reserve a public access easement of 5E feet from the ordinary high watermark, according to AS M05.127, a building setback of 100 feet, Preliminary Dedsion ADL 231036 ICJ t R Attachment 2 and a management easement of 200 feet pursuant to the Kenai Area Plan and the Kenai Fiver Comprehensive Management Pian. The only allowable 1mprovem:entsj necessary for a municipal y setbacks ordinary high water or free €tt invy Deelemn ADL 639038 we Page 93 of 15 Attachment 2 Proposed Action AME2yed for Public Review, Decision is hereby approved to proceed to Public Notice in accordance with AS U 12-co auren Rouen, Natural Resource Specialist If Date of Signature Lend Sales and Contract, Administration Section Recommend Approval by: P e6iminwy Decision ADL231036 Page :14of 15 im Attachment address. Submiqz[of Public Comments: Pursuant to AS WM945, the public is invitted to so inment on rZ7M"TMMwT'VI 15 Sales and Contract Administration Section, aftenntion Lauren Rouen, at the above written timely der Comments by letter, facsimile 1,907,269M,16) or email (Lau-gLnmue-_ -,aj@aL - Pretrechane Decision ADS. 231036 OO Attachment 2 — Anadromaus stream CftY Of Kenal bourtdary 50 ft section line easement 33 It section line easement Section Essamantv ADL 51065 ADL fiofia6 M Seward Meridian T6N, Rl',W, Seddon 36 City of Kerud State of Afaska creak retention Kana,'Peninaufa SOrau,*, PdI`I* OWIM6-roveyed directly by U.S. Mae Produced by L. ROOM 6/222012, Attachment 2 AftelchmenI B* ADL # 131,136 "Ity of Kenai Public& Charitable Use -AG 36.05.810(aI Map produced by L. Rouen Br2=012. Seward Meridian T6N, R11W, Section 36 City of Kenai boundary Ansdramous stream Cook frited Region, Inc, Mental Heafth Tram 61) ft sectlan he easement fi prnims 33 It sectlar, fine easement City of Kenai 200ft easement around creek State ofAfaska Sactim, State OfAlasks Peak ratersion EWMGBW ADL231038 AWLSIOSS ADL 80066 OftyofKamn MOOES • • • 1 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. Ordinance No. 2654 -2012 -- Repealing Kenai Municipal Code Chapter 5.40, Pawnbrokers, Which Provides Licensing and Regulatory Requirements on Pawnbrokers Within the City 2. Ordinance No. 2655 -2012 -- Increasing Estimated Revenues and Appropriations by $11,829 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 3. Ordinance No. 2656 -2012 -- Amending the Kenai Municipal Code Section 3.10.070 Livestock Within the City Limits, to Exclude from the Definition of "Livestock' a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures 4. Resolution No. 2012 -63 -- Authorizing the Purchase of a Tracked Loader with a Pallet Fork Attachment and Equipment Trailer from Craig Taylor Equipment Company for the Total Amount of $56,964.75 5. Resolution No. 2012 -64 -- Expressing Its Support of an Application for Community Development Grant Block Grant (CDBG) to Construct Heated Sidewalks and Provide Stand -By Power at the Kenai Senior Center. 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. Sanilsa Mo `L,eO e r dighr_ MC dity-berk Posted: November 16, 2012 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2654 -2012 -- Repealing Kenai Municipal Code Chapter 5.40, Pawnbrokers, Which Provides Licensing and Regulatory Requirements on Pawnbrokers Within the City 2. Ordinance No. 2655 -2012 -- Increasing Estimated Revenues and Appropriations by $11,829 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 3. Resolution No. 2012 -63 -- Authorizing the Purchase of a Tracked Loader with a Pallet Fork Attachment and Equipment Trailer from Craig Taylor Equipment Company for the Total Amount of $56,964.75 4. Resolution No. 2012 -64 -- Expressing Its Support of an Application for Community Development Grant Block Grant (CDBG) to Construct Heated Sidewalks and Provide Stand -By Power at the Kenai Senior Center. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: November 26, 2012 UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor- of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the a printed copy of which is hereto annexed was published in said paper one each and every clay _for one successive and consecutive ---day in the issues on the following dates: November 19. 2012 SIJBSCRTBFD AND SWORN to me before this 27th day of Noovernher 2012 NOTARY PUBLIC in favor for the Skate of Alaska. My Commission expires 27- Awe -16 IT