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HomeMy WebLinkAbout2013-01-16 Council PacketCOUNCIL PACKET DISTRIBUTION Council MAKE 18 PACKETS Date: Send out notice to All vvith link to Council packet LYZ�� �iZ � Wi- -//,) a rL✓ • � -. a- ► it KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. ,, .. ►•.. Cunningham Kebs+. ll Y-_ Student Rep. Hall Binder Schmidt _�< KSRM _ Mellish ,... c Send out notice to All vvith link to Council packet LYZ�� �iZ � Wi- -//,) a rL✓ • � -. a- ► it KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. 2. Ordinance No. 2671 -2013 — increasing Estimated Revenues and Appropriations by $2,933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. 3. Ordinance No. 2672 -2013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. 4. Ordinance No. 2673 -2013 — Increasing Estimated Revenues and Appropriations by $10,350 in the General Fund — Shop Department to Fund a Temporary Mechanic Position to Last Not More Than Two Months. Resolution No. 2013 -02 — Supporting Legislative Efforts to Construct a Natural Gas Pipeline From the North Slope to South Central Alaska. 6. Resolution No. 2013 -03 — Directing the City Manager to Write the Commissioner of the Alaska Department of Fish and Game on Behalf of the City Requesting That the Personal Use Fishery Not Be Expanded Past the Traditional Eighteen Hour Daily Opening. Resolution No. 2013 -04 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds, 8. Resolution No. 2013 -05 — Rescinding Resolution 2006 -24 Which Expressed an Intent to Donate Up to 25 Acres of a 77 Acre Parcel Near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection Upon Certain Conditions. E. MINUTES 1. `Regular Meeting of January 2, 2013 2. *Special Meeting of January 7, 2013 3. *Work Session Notes of January 7, 2013 (2012 Dipnet Report) Discussion /Action — Schedule Additional Work Session on Discussion of Management Alternatives for 2013 Kenai River Dipnet Fishery. [rte sl�r��l�iT1��I� I��3 1. Action /Approval — Bills to be Ratified 2. Action /Approval — Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. 3. Action /Approval — Second Amendment to Lease between the City and the State of Alaska, Department of Natural Resources, Division of Forestry for Lot 4, FBO Subdivision No. 7 as to Redetermination of the Rent. 4. Action /Approval — Eighth Amendment to Lease between the City and Patrick J. Doyle and Mary J. Doyle for Lot 5, Block 1, Gusty Subdivision as to Redetermination of the Rent. 5. Action /Approval — Ninth Amendment to Lease between the City and Schilling Rentals, LLC for Lot 1A Block 4, General Aviation Apron as to Redetermination of the Rent. 6. *Ordinance No. 2674 -2013 — Amending the Kenai Municipal Code Section 23.40.080 Retirement, to Reflect Current Retirement Options for City Employees and Removing the Five Year Working Limitation for Employees Exempted From Public Employees Retirement System (PERS). 7. *Ordinance No. 2675 -2013 — Amending the Kenai Municipal Code Section 14.20.300 Appeal to Superior Court, to Specify That Appeals of Board of Adjustment Decisions May Only Be Taken to the Superior Court in Kenai, Alaska by an Interested Party. H. COMMISSION /COMMITTEE REPORTS City of Kenai Council Meeting Agenda Page 2 of 3 January 16, 2013 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 8. Mini -Grant Steering Committee •, • • •, ADMINISTRATION REPORTS 1. City Manager 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 r M. PENDING ITEMS 1. 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. [Clerk's Note: At its November 21, 2012 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.] a� • INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Draft Resolution Supporting The Kenai River Wildlife Estuary Rehabilitation Project (To be Submitted for Council Work Session by Council Member Molloy) The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 January 16, 2013 1' tHr��ryof Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 7.30.020, "INVESTMENTS," TO UPDATE THE PRESCRIBED BENCHMARKS OF THE INVESTMENT CLASSES, WHEREAS, KMC 7.30.020 defines the allowable investments of the City's Land Sale Permanent Funds; and, WHEREAS, KMC 7.30.020 also defines the benchmark each investment class will be evaluated against in determining investment performance; and, WHEREAS, investment class benchmarks are reviewed annually and periodically change requiring an update to the KMC; and, WHEREAS, the process of updating investment class benchmarks would be more efficiently accomplished via Resolution in conjunction with the annual establishment of the Land Sale Permanent Funds Asset Allocation Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 7.30.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.30.020, Investments, is hereby amended as follows: 7.30.020 Investments. (a) The Land Sale Permanent Funds shall be managed by the Finance Director, with the following conditions: (1) The City will contract for the management of the investments for each Land Sale Permanent Fund with one (1) or more professional investment managers with experience handling institutional endowment investments subject to Council approval. (2) The Land Sale Permanent Funds shall be invested in such types of income producing investments as limited by subsection (b), Authorized Investments for the Land Sale Permanent Funds. The investments for each Land Sale Permanent Fund shall be approved by resolution annually, usually during the City budget process, in the form of an asset allocation plan, with each Land Sale Permanent Fund following the same asset allocation plan. The asset allocation plan shall have specific categories of investments for the funds with percentage targets that allow for reasonable New Text Underlined; [DELETED TEXT BRACKETEDI Ordinance No. 2670 -2013 Page 2 of 4 fluctuations above and below the target percentage. The plan will establish benchmarks for evaluating the performance of each investment manager and asset classification. Investments shall be managed such that the target ranges of the asset allocation plan are adhered to. (3) All income derived from investment of each Land Sale Permanent Fund, including interest income, realized gains, and undistributed earnings shall be included in the corpus of each respective Land Sale Permanent Fund and shall be invested in accordance with subsection (b), Authorized Investments for the Land Sale Permanent Funds. (4) Appropriations from the Airport Land Sale Permanent Fund may be made as follows: (A) In any fiscal year, an amount not to exceed five percent (5 %) of the five (5) year average of the fund's calendar year end market value may be appropriated for airport operations and capital needs. For the first five (5) years the calendar year end market values following the effective date of the ordinance codified in this section will be averaged to calculate the average fund market value. (S) For the first year, FY 2009, the appropriation from the fund shall not exceed the lesser of either five percent (5 %) of the market value of the fund at the effective date of the ordinance codified in this section or the increase in the market value of the fund from the effective date of the ordinance codified in this section to May 31, 2009. (C) For the second year, FY 2010, the appropriation from the fund shall not exceed the lesser of either five percent (5 %) of the market value of the fund at December 31, 2008 or the increase in the market value of the fund from the effective date of the ordinance codified in this section to May 31, 2010, less the amount appropriated for FY 2009. (5) Appropriations from the General Fund Land Sale Permanent Fund shall be limited to the lesser of the actual calendar year earnings for the fund or five percent (5 %) of the fund's fair market value as of December 31 of each year. (b) Authorized Investments for the Land Sale Permanent Funds. (1) Investments authorized by KMC 7.22.030. (2) Corporate obligations of investment -grade quality as recognized by a nationally recognized rating organization. If, after purchase, these obligations are downgraded below investment grade, the obligations shall be sold in an orderly manner within ninety (90) days of downgrading. (3) Domestic equities, which taken as a whole, attempt to mirror the characteristics or replicate the Standard and Poor's 500 Index or another index of New Text Underlined; (DELETFD TEXT BRACKETED] Ordinance No. 2670 -2013 Page 3 of 4 similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs). (4) Domestic equities, which taken as a whole, attempt to replicate the Standard and Poor's 400 Mid -Cap Index or another index of similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs). (5) Domestic equities, which taken as a whole, attempt to replicate the Standard and Poor's 600 Small -Cap Index or another index of similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs). (6) International equities, which taken as a whole, attempt to replicate the [MORGAN STANLEY EUROPE, AUSTRALASIA, FAR EAST (SAFE) INDEX] Financial Times Stock Exchange Developed ex North America Index or another index of similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs). (7) Equities, which taken as a whole, attempt to replicate the universe of domestic real estate investment trusts as represented by the Standard & Poor's REIT composite index or another index of similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan, including both mutual funds and exchange traded funds (ETFs). (8) Emerging market equities, which taken as a whole, attempt to replicate the [MORGAN STANLEY EMERGING MARKET INDEX] Financial Times Stock Exchange Emerging Index or another index of similar characteristics and approved by Resolution of the Council as a component of the annual Land Sale Permanent Funds Asset Allocation Plan including both mutual funds and exchange traded funds (ETFs). (c) Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Such employees and officers shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and such information shall be kept confidential to the extent otherwise allowed by law. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the timing of purchases and sales. A "material financial interest" in an entity is a financial interest of any kind, which, in view of all the circumstances, is substantial enough that it would, or reasonably could, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2670 -2013 Page 4 of 4 affect the employee's or officer's judgment with respect to transactions to which the entity is a party. (d) The Finance Director shall submit to the City Council a quarterly investment report that summarizes recent and anticipated market conditions and that describes the City's investment portfolio in terms of transactions during the quarter, maturities, risk characteristics, and investment return compared with both bench mark performance returns and with the City's budgetary expectations. (e) The Finance Director shall establish custody and safekeeping procedures with regard to all investments authorized by this chapter. All such investment securities, or their related collateral securities, shall be either held by the City or by a custodial agent for the City. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances, The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16si day of January, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: January 2, 2013 Adopted: January 16, 2013 Effective: February 16, 2013 New Text Underlined,; (DELETED TEXT BRACKETED] 1To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 26, 2012 Re: Ordinance 2670 -2013 The purpose of the memo is to provide additional information in support of Ordinance 2670- 2013. If adopted, Ordinance 2670 -2013 will accomplish two things. First, the City's investment plan for its Land Sale Permanent Funds includes equities. Rather than picking individual stocks to meet the equity component of the plan, mutual funds who invest in hundreds of different stocks are being used. These mutual funds provide diversification within each asset class, reducing the City's risk through diversification. The City's Investment Manager, Alaska Permanent Capital Management, has selected Vanguard mutual funds because of their low operating costs and proven record of mimicking the City's stated benchmark indexes. Vanguard has changed the benchmark index it will manage its mutual funds to requiring a change to KMC 7.30.020. Ordinance 2670 -2013 will update KMC 7.30.020 to the new indexes being used by Vanguard and allow for future changes to be made by Resolution when establishing the annual Land Sale Permanent Funds Investment Plan. KMC 7.30.020 (a) (2) already provided for this feature but the specific naming of each index in KMC 7.30 -020 (b) (3 -8) created a conflict which this Ordinance eliminates. Alaska Permanent Capital's other recommendations regarding changes to Land Sale Permanent Funds Investment Plan will be discussed at the January 16, 2013 Council work session. SUSTAINABLE INVESTMENT TEi IN KING November 16, 2012 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; sent via email A couple of items have come up regarding the Permanent Fund that requires some attention. First, the Vanguard Group recently announced that beginning in 2013 they will no longer be using the Morgan Stanley indices and instead will convert to the FTSE indices. Second, we believe that making some minor changes to the target weightings and ranges within the allocation plan is worthy of consideration. As you are aware, APCM purchases index funds to provide exposure to the various equity asset classes. Recently, Vanguard announced that they would no longer be using the Morgan Stanley Europe, Australasia, Far East (EAFE) Index or the Morgan Stanley Emerging Market Index (MSCI). Instead, they are changing to the FTSE Developed ex North America Index and the FTSE Emerging Index in order to "keep long -term expenses low ". This change will begin in January of 2013. This index change does not materially alter exposure to the respective asset classes themselves. The primary difference between the two is placement of Korea which Morgan Stanley has as emerging and FTSE as developed. The change does create a problem with the Fund's investment policy which explicitly enumerates the particular indices that Vanguard will no longer be using (7.30.020 (b) 6 & 8). As both Vanguard funds are low cost vehicles that provide exposure to the respective asset classes and meet our investment criteria, we recommend you consider amending the code to allow use of the FTSE Developed ex North America Index for the International Equities allocation and the USE Emerging Index for the Emerging Market allocation. Conforming changes would need to occur to Resolution N. 2008 -42 for performance measuring purposes. rMl Since inception the Fund has been managed under the asset allocation plan set forth in Resolution No. 2008 -42. This allocation has an overall 45% Fixed income and 55% equity distribution. In our opinion the asset allocation plan is the most significant factor in risk management and return and accordingly it may be appropriate to review the current allocations. Specifically we would recommend a reduction in the target allocation for fixed income from 45% to 40% and a new allocation created for Cash in the amount of S %. Additionally the Range for fixed income would be changed from 40 -65 percent to 35 -65 percent and a new Cash range created from 0 -10 percent. Our rational for these recommendations is that the lower limit of the fixed - income range allows only a maximum of 5% underweight of fixed - income and the new cash component would accommodate cash flows as well provide a temporary holding bin when over and underweighting other asset classes. If you would like us to pursue the above let me know. It would probably make good sense to prepare an asset allocation presentation the looks at the current plan and alternatives incorporating risk and return. I will be out of the office the week of the 19th, but back in the office on the 26th Sorry about the index change being in code as opposed to resolution. Sincerely, Bert Wagnon Senior Vice - President Brandy Niclai, CFA VP, Portfolio Manager 1. the ciesy KENAI, ASKA Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2933.52 IN THE GENERAL FUND - PLANNING DEPARTMENT FOR A HISTORIC PRESERVATION FUND TRAVEL GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Natural Resources, Division of Parks and Outdoor Recreation for Planning Department staff to attend historic preservation training; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Planning - State Grants $2,933.52 Increase Appropriations: Planning - Transportation $2,933.52 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixteenth day of January, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: January 2, 2013 Adopted: January 16, 2013 Effective: January 16, 2013 New Text Underlined; [DELETED TEXT BRACKETEDI Rick Koch, City Manager Marilyn Kebschull, Planning Administration IRATE: December 26, 2012 SUBJECT: Manning Department Historic Preservation Fund Grant In July 2012, the Planning Department applied for and was granted a Historic Preservation Fund Training Grant from the State of Alaska, Department of Natural Resources, Division of Parks and Outdoor Recreation. The grant provided funding for Planning Department staff to attend the Historic Preservation Conference in Spokane, Washington, October 30 through November 3, 2012. This grant is a reimbursable grant that required a 40 percent local matching share. The City provided matching funds through employee salaries. The remaining travel costs were funded from the Department's travel budget. The City has received reimbursement in the amount of $2933.59. This ordinance appropriates the reimbursement to the appropriate funds. mwo Suggested by: Administration C• AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $141,052 IN THE GENERAL FUND - FIRE DEPARTMENT FOR FY2013 OVERTIME IN EXCESS OF PREVIOUSLY BUDGETED AMOUNTS. WHEREAS, the appropriation for Fire Department Overtime adopted as part of the FY2013 Budget will be insufficient for the overtime being incurred by the department to meet the response matrix established by the City; and, WHEREAS, factors requiring the payment of Fire Department overtime are schedule or unscheduled leave, employee work schedule, staff training, shift overruns, and staff response recalls; and, WHEREAS, payment of overtime sufficient to meet the City's response matrix is in the best interest of the City. 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: Appropriation of Fund Balance $127,300 State of Alaska - PERS On- behalf Funding 13,752 $141.052 Increase Appropriations Fire Department - Overtime $100,190 Fire Department - Medicare 1,453 Fire Departmental - PERS 22,042 Fire Department - Workers Compensation 3,615 Non - Departmental - PERS 13,752 $141 052 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2672 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixteenth day of January, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: January 2, 2013 Adopted: January 16, 2013 Effective: January 16, 2013 New Text Underlined; [DELETED TEXT BRACKETED] My I MMy immm; awwili ,.- This memo is written in support of Ordinance 2672 -2013. The need for this appropriation to overtime is to address the leave coverage, training coverage and the recalls of employees on emergency call outs for the remainder of the fiscal year at the Fire Department. Staffing at the Fire Department deems it necessary to fill positions when leave is taken or when travel is needed for training. Training covers the mandatory attendance of classes for employees to maintain certifications. Emergency call outs or "recalls" are still utilized by the department to recall minimum staffing for secondary calls or during large scale emergencies. The amount appropriated within this ordinance is a reasonable estimate to cover the remaining fiscal year. TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director / DATE: December 13, 2012 RE: Results, Findings, and Recommendations - review and estimate of overtime needs at the Kenai Fire Department The purpose of this memo is to summarize the results, findings, and recommendations reached after reviewing the overtime usage and FY13 projected need for overtime at the Kenai Fire Department (KFD). I was tasked with assisting Fire Department personnel with analyzing past causes of overtime and using those results to estimate the FY13 budgetary needs for overtime. History The adopted budget for K-FD overtime was unchanged from FY08 through FYI I at $83,000, it increased in FY12 to $99,000, and again increased in FY13 to $135,000. Actual expenditures for overtime were in excess of budgeted amounts for each year. In FY10 Council authorized a budget transfer increasing KFD overtime by $37,000. In FYI] and FY12 Council provided supplemental funding of $80,000 and $106,000 respectively for KFD Overtime. Despite these increases, the ending expenditures for FY10, FY11 and FY12 exceeded even the amended overtime buduets. $250,000 $200,000 $150,000 $100,000 $50,000 Kenai Fire Department s FY08 FY09 FY10 FY11 FY12 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 UNROveritime Expenditure Final Budget Overtime Hours Annual increases in overtime hours for FY09 and FY 10 were 15.38% and 13.39% respectively and are attributed to an increase in department call volume. The annual increase in FYI was 40.16% resulting from the addition of three new staff, changes in staffing procedures at Station 2, and schedule changes for the Fire Marshall and Training Officer positions. The FY12 annual increase was 15.99% and is attributed to a full fiscal years impact of the FYI I changes. Results Uses of Overtime The following causes of overtime were identified: 1. Shift coverage — minimum department staffing to respond to a first alarm fire call requires four personnel on duty. Department staffing includes the Fire Chief, Fire Marshall, Battalion /Training Chief and three shifts of five, line - personnel. The Fire Chief, Fire Marshall, and Battalion Chief are each scheduled to work ten -hours per day four days per week. Line - personnel work rotating 24 -hour shifts seven days per week. FAA part 139 flight regulations require nearly 24 hours staffing of Station 2 by one fire fighter leaving actual staffing at Station 1 equal to minimum staffing. The current staffing level requires overtime be paid to cover the shift of any line - personnel who are on leave except when either the Fire Marshall or Battalion /Training Chief are on duty and available to provide coverage. 2. FLSA Overtime — Fair Labor Standards Act (FLSA) requires the payment of overtime to line - personnel who work more than 212 hours in a 28 -day period. The current work schedule of the department requires the payment of approximately 900 hours of overtime annually to comply with the requirement of FLSA. 3. Trainin — training of department personnel creates situations where overtime must be paid. Multi- company or all department drills require the payment of overtime to personnel who attend training and are not working their regularly scheduled shift. Overtime is paid for shift coverage when those receiving training are unable to work their normal shift. 4. Personnel Recall — department personnel are recalled to work to provide sufficient staffing to meet the department's response matrix which stipulates the department shall have the ability to respond to a first response fire or one ALS (advanced life support) and one BLS (basic life support) EMS call simultaneously. Fire personnel voluntarily respond to recall requests and are paid a minimum of two -hours of overtime when responding. 5. Shift Overruns — department personnel who have responded to a call and whose shift has ended are paid overtime to complete the call. Analysis of the KFD's FYI overtime paid showed the following breakdown of overtime: Use Hours % Shift Coverage 3,484.50 50.11% FLSA Overtime 916.00 13.17% Training 560.50 8.06% Personnel Recall 1,908.00 27.44% Shift Overruns 84.75 1.22% Total 6,953.75 100.00% Projected FY13 Need Based upon the FY12 analysis and departmental staffing changes, the FY13 overtime budget for KFD will require a supplemental appropriation of approximately $127,000 comprised of $99,000 in overtime and $28,000 in associated benefits. This estimate is predicated on four assumptions: 1. Leave by responding personnel will remain consistent at around 3,500 hours. 2. Training hours as projected by the Battalion/Training Chief will be 944 hours, a 383.50 hour increase over FY12 but anticipated to meeting ISO rating requirements. 3. The Fire Marshall and Battalion /Training Chief providing approximately 1100 hours of shift coverage for responding personnel on leave. These positions work four ten -hour days either Monday through Thursday or Tuesday through Friday and provide shift coverage for the hours of 8:00am to 6:00pm for responding personnel on leave. 4. The implementation of a new recall system that will limit personnel responding to recalls to only the number needed will allow the approximately 1,900 hours paid in FY 12 to be sufficient to meet FY13 needs including any increase caused by increases in department run volumes. Findings Department Records In order to accumulate and analyze data related to KFD staffing multiple sources had to be reviewed and reconciled. In order to determine department staffing on any single day, leave slips, overtime slips and multiple Microsoft Outlook calendars must be consulted. No single report can be produced or activity log consulted that documents daily staffing at IUD. Employee Timesheets Department employees are not responsible for completion of their individual timesheets. Timesheets are prepared by the department's administrative staff, signed by the employee, and approved by the Fire Chief. Unreported Leave On nine separate occasions during the first quarter of fiscal year 2013 it was determined that fire department employees failed to provide leave slips for leave taken and also failed to report the leave on their monthly timesheet. The combination of these nine occurrences resulted in 200 hours of unreported leave. Misreported Overtime On three separate occasions, during a 15 -month period, overtime was incorrectly reported on employee timesheets: Two times the error resulted in the employee being paid for time not worked. The third instance resulted in the employee working but not being paid for hours worked. A contributing factor to this finding is the timing of overtime being reported on timesheets. The combination of multiple shifts and the City's due dates for timesheets creates multiple cutoff dates for timesheet preparation. Some employees claim overtime scheduled during the month but after the timesbeet cutoff date while other only report overtime actually worked. This creates one more reconciling step and opportunity for error in timesheet preparation. Training Flours The Department's current policy compensates staff who attend out -of -town training on schedules shift days as if they worked their regular 24 -hour shift. If the out -of -town training falls on one of the employee's days off they are not compensated for the time. FLSA requires the payment of overtime to fire personnel who work more than 212 hours in a 28 -day period. Should the combination of actual training hours and actual hours worked exceed 212 hours in a 28 -day period, the employee should report and be paid overtime for hours in excess of 212. Recommendations FY13 Supplemental Funding I recommend introduction of an ordinance to appropriate $127,300 for additional FY13 department overtime. The supplemental funding will provide $99,300 in increased overtime and $28,000 for the associated benefits. Department Timekeeping Significant changes are needed in the Department's timekeeping procedures to address the findings noted above. I recommend the following: 1. A shift summary, prepared and signed by the on -duty Captain, should be prepared detailing all personnel working, on leave, or who reported for recall for each shift. 2. Preparation of employee timesheets should be done by the employee and not by the Department's administrative assistant. 3. A monthly summary should be prepared using the shift summaries (from item r0 that can be compared to the employee's timesheet when being approved for submission to payroll. 4. Overtime reported on employee timesheets should only include overtime actually worked as of the timesheet submission date. Overtime earned after the timesheet submission date will be reported on the subsequent month's timesheet. 5. The Department's policy regarding compensabee hours for out -of -town training should be changed to the following: "An employee who attends Department sponsored training shall be paid the greater of the hours that would have been worked if not attending training or the combination of actual training hours and actual hours worked during the 28 -day pay cycle." 101,201 SUBJECT: Overtime Requirements at Kenai Fire Department, Request 1�chedule Modification & Personal Leave The purpose of this correspondence is to discuss the findings of the review of Fire Department overtime accomplished by the Finance Department dated December 13, 2012 (attached), and to respond to your request for a change in the work schedule for the Fire Department (memo dated November 15, 2012). Recommendations are identified on page 4 of the above referenced report. You are directed to accomplish the following: 1. Draft policies and procedures to institute the recommendations. 2. Submit draft policies and procedures to the City Manager for approval. 3. Ensure policies and procedures are adopted and enacted prior to January 1, 2013. Regarding your request to modify the work schedule for the Fire Department, I am generally supportive of the concept. I will accomplish further research and request review by the Finance and Legal Department. In reviewing Fire Department overtime, the Finance Department found that approximately 200 hours of personal leave was taken by Fire Department personnel without a corresponding leave request/approval over a three -month period (July 1, 2012 - September 30, 2012). Further, the leave was not accounted for and the employees were not charged with having taken annual leave. I am directing you to accomplish an internal audit of your Department's leave for a two - year period beginning, July 1, 2010 and ending June 30, 2012. Additionally, you will audit the period from October 1, 2012 to date. You are required to submit your findings to the City Manager prior to January 1, 2013. If the findings of the audit are representative, the result is unreported leave in the amount of 800 hours per year, or costs to the City of over $16,000 per year. NN Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,350 IN THE GENERAL FUND - SHOP DEPARTMENT TO FUND A TEMPORARY MECHANIC POSITION TO LAST NOT MORE THAN TWO MONTHS. WHEREAS, one of the City's two Shop Mechanics will be unavailable for work for up to two - months due Family Leave; and, WHEREAS, hiring a temporary Shop Mechanic skilled in the maintenance of heavy equipment will assist the department in meeting the daily equipment needs of the City; and, WHEREAS, it is in the best interest of the City to hire a temporary Shop Mechanic to ensure the daily equipment needs of the City are met. 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: Appropriation of Fund Balance $10,350 Increase Appropriations Shop Department - Salaries $9,260 Shop Department - Medicare 135 Shop Department - Social Security 573 Shop Department - Unemplovment Insurance 45 Shop Department - Workers Compensation 337 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixteenth day of January, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: January 2, 2013 Approved by Finance: **� '' Adopted: January 16, 2013 Effective: January 16, 2013 New Text Underlined; [DELETED TEXT BRACKETED] M MUM TO: City Council FROM: Rick Koch, City Manager DATE: December 27, 2012 SUBJECT: Ordinance 2673-2013, Appropriation to Fund Temporary Mechanic Position The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. One of the City's permanent mechanics will be absent from the workplace for up to two months. In order to maintain the City's equipment fleet it is necessary to hire a temporary mechanic during that time period. Maintenance of the City's and Airport's snow removal fleet of equipment is critical to public safety and public access. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Suggested by: Councilor Navarre A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING LEGISLATIVE EFFORTS TO CONSTRUCT A NATURAL GAS PIPELINE FROM THE NORTH SLOPE TO SOUTH CENTRAL ALASKA. WHEREAS, the development of an in -state natural gas pipeline is in the best interest of the State of Alaska; and, WHEREAS, known reserves in the Cook Inlet Basin are insufficient to supply the demand for natural gas in South Central Alaska in the future; and, WHEREAS, the City of Kenai continues to support an Alaska North Slope natural gas pipeline and appreciates the Legislature's actions in creating the Alaska Gasline Development Corporation (AGDC) which in turn has created the Alaska Stand Alone Gas Pipeline (ASAP); and, WHEREAS, an Alaska natural gas pipeline project will provide a long -term affordable, clean energy solution for the majority of Alaskans and Alaska businesses; and WHEREAS, House Bill 4 includes the necessary provisions and solutions to forward a successful Alaska natural gas pipeline project. NOW, THEREFORE, BE IT RESOLVED, THE COUNCIL OF THE CITY OF KENAI, ALASKA, supports Legislative efforts to fund AGDC as they move forward in developing a project to construct a natural gas pipeline from the North Slope to South Central Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk M TG: City Council •• , SUBJECT: Resolution No. 20,13 -€22, Supporting Legislative Efforts to Construct a Natural Gas Pipeline from the North Slope to South Central Alaska I respectfully request the support of the City Council for Resolution 2013 -02. In the past the City Council has consistently supported the Governor's and Legislator's efforts to construct a natural gas pipeline with its terminus in Cook Inlet. Speaker Chenault and Representative Hawker have pre -filed House Bill 4 to provide the necessary structure, changes to existing statute, and direction to move forward a natural gas pipeline. As we are all aware, south central Alaska's present and projected future consumption of clean burning natural gas exceeds known natural gas reserves in the Cook Inlet Basin and it is imperative that sufficient quantities of gas must be made available. I suggest that this Resolution would best be sponsored by the Kenai City Council as a whole. Thank you. M."o Suggested by: Mayor Pat Porter A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CITY MANAGER TO WRITE THE COMMISSIONER OF THE ALASKA DEPARTMENT OF FISH AND GAME ON BEHALF OF THE CITY REQUESTING THAT THE PERSONAL USE FISHERY NOT BE EXPANDED PAST THE TRADITIONAL EIGHTEEN -HOUR DAILY OPENING. WHEREAS, during the past several years the Commissioner of the Alaska Department of Fish & Game has, through emergency order, expanded the traditional eighteen -hour daily opening to a twenty- four -hour daily opening for the Personal use Fishery; and, WHEREAS, expanding the daily openings to twenty -four hours significantly impacts the City of Kenai's effort to react to and provide services to the fishery; and, WHEREAS, without a period each day when Fishery participants are not allowed to fish, the City is unable to effectively manage fish wastes, other solid wastes, service portable and permanent toilet facilities, and service solid waste collection receptacles; and, WHEREAS, a twenty -four hour daily Fishery period contributes to unsanitary and unhealthy conditions; and, WHEREAS, a twenty- four -hour daily Fishery results in significant conflicts between Fishery participants and City of Kenai maintenance personnel; and, WHEREAS, a twenty- four -hour daily Fishery creates conditions which are unsafe to Fishery participants and City maintenance personnel when the City needs to access the beaches and other areas to manage fish wastes, other solid wastes, service portable and permanent toilet facilities, and service solid waste collection receptacles, with heavy equipment during the night and early morning. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to direct the City Manger to write the Commissioner of the Alaska Department of Fish & Game on behalf of the City requesting that the Personal Use Fishery not be expanded past the traditional eighteen -hour daily opening. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk v St'DJEC? : Resolution No. 2u t3 v3, Directing the City Manager to write to the Commissioner of Fish & Game regarding the Personal Use Fishery I believe that it is important that the City formally contact Cora Campbell, the Commissioner of the Alaska Department of Fish & Game and request that the State does not, through an emergency order, expand the traditional hours of operation of the Personal Use Fishery at the mouth of the Kenai River. During each of the last three years the Commissioner has expanded the Fishery to a 24 -hour per day opening. This has resulted in a number of problems for the City which include, but are not limited to the following: 1. Significant increase in overtime costs 2. Inability /difficulty for City personnel and contractors to undertake /complete work due to conflicts with Fishery participants 1 Creation of unsafe conditions during periods of darkness when City and /or contractors must use heavy equipment to accomplish tasks in support of Fishery I respectfully request your support of Resolution 2013 -03. if any Councilor(s) desire to be included as co- sponsors of this resolution I encourage you to do SO. Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PERTAINING TO THE AUTHORIZED INVESTMENTS OF, THE INVESTMENT ALLOCATIONS OF, AND ESTABLISHING APPROPRIATE BENCHMARKS TO MEASURE PERFORMANCE OF THE CITY'S PERMANENT FUNDS. WHEREAS, pursuant to KMC 7.30.020 (a) (2) the Council of the City of Kenai shall annually approve an Asset Allocation Plan for investment of the City's Permanent Funds; and, WHEREAS, the KMC 7.30.020 (b) permits investment of the Permanent Funds in various asset classes and the Council believes that establishing asset allocation criteria for these various asset classes is in the best interest of the City of Kenai; and, WHEREAS, the annually approved Asset Allocation Plan will provide benchmarks to measure investment performance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council adopts the Asset Allocation Plan for calendar year 2013 as follows: PERMANENT FUND ASSET ALLOCATION PLAN AND PERFORMANCE MEASUREMENT TARGETS Section 1: The Asset Allocation Plan and Target Weightings with range restrictions are as follows: ASSET CLASS TARGET % WEIGHTING RANGE % Cash 5 0 -10 Fixed Income 40 35 -65 Large -Cap Domestic Equity 20 15 -25 International Equity 10 5 -15 Mid -Cap Equities 10 5 -15 Small -Cap Equities 5 0 -10 International Emerging Markets 5 0 -10 Real- estate equities 5 0 -10 Section 2: The performance of the Fund and investment managers will be measured as follows: Performance measurement of the Fixed Income allocation will be measured against the Target weighting, using the Barcley's Intermediate Government/ Credit Index for the benchmark. Resolution No. 2013 -04 Page 2 of 2 Performance measurement of the Large -Cap Domestic Equity allocation will be measured against the Target weighting, using the Standard & Poor's 500 Index for the benchmark. Performance measurement of the International Equity allocation will be measured against the Target weighting, using the Financial Times Stock Exchange Developed ex North America Index for the benchmark. Performance measurement of the Mid -Cap Equity allocation will be measured against the Target weighting, using the Standard & Poor's 400 Mid -Cap Index as the benchmark. Performance measurement of the Small -Cap Equity allocation will be measured against the Target weighting, using the Standard & Poor's 600 Small -Cap Index as the benchmark. Performance measurement of the International Emerging Markets allocation will be measured against the Target weighting, using the Financial Times Stock Exchange Emerging Index as the benchmark. Performance measurement of the Real- Estate Equities allocation will be measured against the target weighting, using the Standard & Poor's US REIT Index as the benchmark. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance:_ ; \`►I To: Rick Koch, City Manager t From: Terry Eubank Date: January 9, 2013 Re: Permanent Fund Authorized Investments and Asset Allocation Plan for CY2013 Pursuant to KMC 7.30.020 the Council shall annually designate by resolution the authorized investments and allocation plan for the City's Permanent Funds. Resolution 2013 -04 establishes the authorized investments and allocation plan to be used for calendar year 2013. This year's allocation plan is very similar to what has been in place since inception of the investment methodology. Different for 2013 is a specific allocation for Cash. In the past cash has been combined in the fixed income component of the plan. Also the prescribed benchmarks for the International Equities, International Emerging Markets, and Real- estate Equities have been updated. $17,281,883, the Airport Permanent Fund Balance was invested in September 2008 and since the fund has transferred $3,207,845 to the Airport Special Revenue Fund for operations and had a market value of $20,982,078 at December 31, 2012. The portfolio has returned nearly 10.09% since September 2008. In contrast the City's investment portfolio has yielded between 3.0% and 0.34% for the same period. When originally adopted the investment model being used was projected to return 8.0% annually. Due to depressed rates in the fixed income portion of the portfolio (which constitutes 40 -65% of the portfolio's value) the current projected rate of return for the portfolio is 6.5% annually. Risk of the portfolio is measured in standard deviation from the expected rate of return. One standard deviation is equal to about 66% of all possible outcomes and two standard deviations is equal to about 95% of all possible outcomes. 66% (one standard deviation) of the time, the portfolio is expected to return between (4.8 %) and 17.8 %, with an average return of 6.5 %. 95% (two standard deviations) of the time, the portfolio is expected to return between (16.1 %) and 29,1%. Over time it is expected that the fixed income markets will return to historic rates of return and should return the portfolios performance to the 8% level. Suggested by: Legal Department �221` *D tIEAA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESCINDING RESOLUTION 2006 -24 WHICH EXPRESSED AN INTENT TO DONATE UP TO 25 ACRES OF A 77 ACRE PARCEL NEAR MOMMSEN SUBDIVISION TO FRONTIER COMMUNITY SERVICES AND KENAI SENIOR CONNECTION UPON CERTAIN CONDITIONS. WHEREAS, Resolution 2006 -24 expressed an intent on behalf of the City of Kenai to donate up to 25 acres of a City owned 77 acre parcel near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection upon certain conditions; and, WHEREAS, the projects for which the donation of land was intended have not come to fruition; and, WHEREAS, for purposes of clarity and any possible future land uses the City should formally indicate that it no longer intends to donate up to 25 acres of a City owned 77 acre parcel near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: 1. That the City of Kenai no longer intends to donate up to 25 acres of a City owned 77 acre parcel near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection. 2. That Resolution 2006 -24 is rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 Fax: 907- 283 -3014 www.ci.kenai.ak.us TO: Mayor Porter and Members of the City Council FROM: City Attorney, Scott Blooma3 DATE: January 11, 2013 RE: Resolution No. 2013 -05 Revoking Intent to Donate Land to Frontier Community Services and Kenai Senior Connection Resolution 2006 -24 expressed intent on behalf of the City to donate up to 25 acres of a 77 acre parcel owned by the City near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection. The donation was intended to provide land for a new 14,000 square foot program services complex in Kenai to be constructed by Frontier Community Services. It appears the project lost funding and the City's administrative files reflect a lack of communication between the City and the project sponsors since 2009. Since the City has no indication that the project is contemplated to move forward as there has been no communication with regard to the same in three years, it is recommended that the Council rescind Resolution 2006 -24 and its intent to donate the subject land. Your consideration is appreciated. Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING INTENT TO DONATE UP TO 25 ACRES OF A 77 -ACRE PARCEL NEAR MOMMSEN SUBDIVISION TO FRONTIER COMMUNITY SERVICES AND KENAI SENIOR CONNECTION UPON CERTAIN CONDITIONS. WHEREAS, the City of Kenai is the owner of a 77 -acre tract of land near Mommsen Subdivision, which address is 2300 Redoubt Avenue, and described as KN T06N R12W S25, that portion of the SE 14 lying cast of Mommsen Subdivision, Addition No. 2, Borough parcel number 039 - 010 -18, which the City acquired by foreclosure for overdue taxes and water and sewer assessments; and, WHEREAS, the City of Kenai. may by ordinance retain that property for a public purpose upon payment of the amounts owing for property taxes, and water and sewer assessments; and, WHEREAS, KMC 22.05.080 allows donation of real property to IRS Section 501(c)(3) non -profit corporations for an agreed -upon consideration if the donation is advantageous to the City; and, WHEREAS, KMC 22.05.025 allows conveyance of City land to encourage a new industrial enterprise upon such terms, conditions and contingencies as may be set forth by the City; and, WHEREAS, to ensure the property is used for the intended purposes, the deed to Frontier Community Services would provide that the property to be conveyed to Frontier Community Services would revert to the City of Kenai if it is used for other than non - profit support services for people at risk of or experiencing a disabling condition or if Phase I of the project and master plan for development of an administration/ program building, and a daycare /program building, are not substantially completed within three years of the date of the conveyance; and, WHEREAS, to ensure the property is used for the intended purposes, the deed to the Senior Connection would provide that the property to be conveyed to the Senior Connection would revert to the City of Kenai if it is used for other than non - profit senior assisted - living facilities or if the assisted living portion of the project and a master plan for development of an independent senior housing project are not substantially completed within three years of the date of the conveyance; and, WHEREAS, Frontier Community Services and Kenai Senior Connection should pay a yet- to -be- established share of the amounts owing for property taxes, water and sewer assessments, and surveying and re- platting costs. Resolution No. 2006 -24 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that (1) Resolution No. 2005 -33 is hereby rescinded; and, (2) The City of Kenai intends to donate up to 25 acres of the 77 -acre parcel near Mommsen Subdivision owned by the City to Frontier Community Services and to the Kenai Senior Connection, in separate parcels by separate deed, for use of non- profit support services for people at risk of or experiencing disabling conditions and for non -profit senior assisted - living facilities; upon satisfactory arrangements to pay a yet - to-be- established share of the costs of surveying and re- platting, property taxes, and water and sewer assessments owing, and upon such other terms, conditions and contingencies as the City Council may require. To ensure that the property that may be conveyed to Frontier Community Services is used for the intended purposes, the deed to Frontier Community Services would provide that the property to be conveyed to Frontier Community Services would revert to the City of Kenai if it is used for other than support services for people at risk of or experiencing a disabling condition or if Phase I of the master plan for development is not substantially completed within three years of the date of conveyance, unless otherwise extended by the Kenai City Council. To ensure the property that may be conveyed to Senior Connection is used for the intended purposes, the deed to the Senior Connection would provide that the property to be conveyed to the Senior Connection would revert to the City of Kenai if it is used . for other than non -profit senior assisted - living facilities or if the assisted living portion of the project and a master plan for development of an independent senior housing project are not substantially completed within three years of the date of the conveyance, unless otherwise extended by the Kenai City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of May, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk TO: Rick Koch, City Manager FROM: Larry A. Semmens, Finance Directo DATE: April 28, 2006 RE: Taxes and Assessments Owing on 77 Acre Mommsen Subdivision Parcel Here is a breakdown of the taxes and assessments owing on the 77 acre parcel near Mommsen Subdivision as of May 1, 2006. According to the borough, the property taxes that would need to be paid are from 1979 until 1986 (the judgment year). The total amount of city and borough property taxes is $38,521.75. That breaks down to borough taxes of $18,289.67 and city taxes of $20,232,08. While we would initially pay the borough the entire $38,521.75 amount, it would disburse the city taxes of $20,232.08 back to the city. The amount owing for water and sewer assessments on the property as of May 1, 2006 is $87,479.82. That breaks down to $23,526.96 for principal, $60,446.66 for interest and $3,506.20 for penalty. In my opinion the city could waive the interest and penalty, but should repay the principal of $23,526.96 to the water and sewer fund_ PIease let me know if you have any question or need any more information. I ih i 01111 A Regular Meeting of the Kenai City Council was held on January 2, 2013, in City Nall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. M 1I[5*1II There were present: Pat Porter, Mayor Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. Also in attendance were: 'Austin Daly, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter noted the following items provided as laydown for inclusion in the packet: D1 -D8: Add Supporting Memo from City Manager City Massager's Report: Memo on Proposed Kenai River Estuary Rehabilitation Project MOTION: Vice Mayor Marquis MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *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 — None. C. UNSCHEDULED PUBLIC COMMENTS Robert Ruffner, Kenai Watershed Forum — Mr. Ruffner provided background information on efforts to rehabilitate the wetlands near the city dock. Mark Schrag, 312 Princess — Mr. Schrag reported he was not opposed to the nominations to the Planning and Zoning Commission, but noted frustration with the philosophy of the work on the Comprehensive Plan. D. PUBLIC HEARINGS 1. Ordinance No. 2658 -2012 — Amending Chapter 4.31, Fuel Gas Code, by Adopting the 2009 Edition of the International Fuel Gas Code and Making Local Amendments Including Eliminating Chapters 1 — 5 and 8 and the Appendices of that Code so that Only Chapters 6 and 7 will Apply in the City of Kenai. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2658 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: City of Kenai Council Meeting Minutes Page 2 of 13 January 2, 2013 *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2659 -2012 — Amending Chapter 4.10, International Property Maintenance Code, by Adopting the 2009 Edition of the International Property Maintenance Code and Making Local Amendments. Vice Mayor Marquis MOVED to approve Ordinance No. 2659 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. 061" YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 3. Ordinance No. 2660 -2012 — Amending Chapter 4.30, Electrical Code, by Adopting the 2011 Edition of the National Electrical Code and Making Certain Clerical Changes. Council Member Molloy MOVED to approve Ordinance No. 2660 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Navarre thanked Building Official Larry Floyd for his work on the ordinances and inquired about the date of the edition. Floyd noted the editions are on a three year cycle and need to be approved by the fire marshall first. .TIC YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA City of Kenai Council Meeting Minutes Page 3 of 13 January 2. 2013 4. Ordinance No. 2661 -2012 — Amending Chapter 4.05, Building Code, by Adopting the 2009 Edition of the International Building Code and Making Local Amendments. hilT*51r�7!A Vice Mayor Marquis MOVED to approve Ordinance No. 2661 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2662 -2012 — Amending Chapter 8.05, Fire Prevention Standard, by Adopting the 2009 Edition of the International Fire Code and Making Local Amendments. 19i •c, Vice Mayor Marquis MOVED to approve Ordinance No. 2662 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: `Student Representative Daly: YEA 6. Ordinance No. 2663 -2012 — Amending Chapter 4.20, Mechanical Code, by Adopting the 2009 Edition of the International Mechanical Code and Making Local Amendments. lR101161 Council Member Molloy MOVED to approve Ordinance No. 2663 -2012 and Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 4 of 13 January 2, 2013 Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA WTM-1441 NIT-11 L11 hTMA11 &I 7. Ordinance No. 2664 -2012 — Amending Chapter 4.32, Residential Code, by Adopting the 2009 Edition of the International Residential Code and Making Local Amendments. Vice Mayor Marquis MOVED to approve Ordinance No. 2664 -2012 and Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 8. Ordinance No. 26652012 — Amending Chapter 4.33, International Existing Building Code, by Adopting the 2009 Edition of the International Existing Building Code and Making Local Amendments. tf5[•Ti041-1 Vice Mayor Marquis MOVED to approve Ordinance No. 2665 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Gabriel thanked Floyd for the summary of changes provided in his memo and noted the summary helped him understand the ordinances better. City of Kenai Council Meeting Minutes Page 5 of 13 January 2, 2013 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: 'Student Representative Daly: YEA 9. Ordinance No. 2666 -2012 — Increasing Estimated Revenues and Appropriations in the Airport by $15,000 for a Professional Services Agreement to Leibowitz & Horton Airport Management Consultants Inc. to Assist in Preparing and Negotiating a New, Five -Year Airline Operating Agreement and Reviewing Landing and Ramp Fees for the Kenai Municipal Airport. It!W[•71y[47'9a Vice Mayor Marquis MOVED to approve Ordinance No. 2666 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis requested clarification. City Manager Koch reported there would be fewer changes to the agreement this time and the work was to establish rent and landing fee levels. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA 10. Ordinance No. 2667 -2012 — Decreasing Estimated Revenues and Appropriations in the Wildwood Drive Reconstruction, Marathon Road & Willow Street Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. I if, [0Y [a7 kq A Council Member Bookey MOVED to approve Ordinance No. 2667 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. City of Kenai Council Meeting Minutes January 2, 2013 Council Member Navarre MOVED to amend the third whereas by striking out "no longer a planned project" and inserting "still being researched and negotiated." Council Member Molloy SECONDED the motion. 1i •` •'l. l LiI . .11 �''. Council Member Boyle MOVED to amend the amendment by striking out the third whereas and Vice Mayor Marquis SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA VOTE: • • PASSED UNANIMOUSLY. MOTION TO RECONSIDER Vice Mayor Marquis MOVED to reconsider the secondary amendment and Council Member Navarre SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA VOTE: • •; r UNANIMOUSLY. VOTE ON •• D. YEA: Boyle, Molloy, Navarre, Porter, Gabriel, NAY: Bookey, Marquis *Student Representative Daly: YEA •: • • • [Clerk's Note: Primary amendment was not voted on as the vote on the secondary amendment deleted the entire whereas.] YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 7 of 13 January 2, 2013 11. Ordinance No. 2668 -2012 — Decreasing Estimated Revenues and Appropriations in the Municipal Roadway Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. 71x*1WAT,11M Vice Mayor Marquis MOVED to approve Ordinance No. 2668 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: `Student Representative Daly: YEA 12. Ordinance No. 2669 -2012 — Increasing Estimated Revenues and Appropriations by $2,000,000 in the General and New City Shop Capital Project Funds. tTirOWC+Tp Council Member Bookey MOVED to approve Ordinance No. 2669 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: 'Student Representative Daly: YEA It was requested to have plans for the city shop included in the January 16 packet. 13. Resolution No. 2013 -01 — Authorizing Participation in the Community Development Block Grant Program. City of Kenai Council Meeting Minutes Page 8 of 13 January 2, 2013 i§T•4ti00 Vice Mayor Marquis MOVED to approve Resolution No. 2013 -01 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. E. MINUTES 1. *Work Session Notes of December 19, 2012 (FY14 CiP Review with Legislators) 2. *Work Session Notes of December 19, 2012 (REAL Project) 3. *Regular Meeting of December 19, 2012 Meeting minutes and work session notes were approved by the consent agenda. 1. Action /Approval — Confirmation of Mayoral Nominations to Appoint /Reappoint Applicants to the Planning and Zoning Commission [Clerk's Note: At the December 19, 2012 council meeting, Mayor Porter nominated Phil Bryson and Clifford Smith for reappointment to three year terms each and Brendan Shiflea to fulfill the remaining year of a vacated seat.] Council Member Marquis MOVED to confirm the Mayor's nominations to appoint/reappoint applicants to the Planning and Zoning Commission. Council Member Gabriel SECONDED the motion. Council Member Boyle MOVED to DIVIDE THE QUESTION and Council Member Molloy SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA City of Kenai Council Meeting Minutes January 2, 2013 VOTE: MOTION PASSED UNANIMOUSLY. Council Member Boyle asked the City Attorney if Mr. Shiflea fulfilled the residency requirements. BREAK: 7:48 P.M. BACK TO ORDER: 7:52 P.M. City Attorney Bloom stated Mr. Shiflea did fulfill the residency requirements. Council Member Boyle reported he would not support the nomination, noting a lack of diversity within the Planning and Zoning Commission membership. Council Member Molloy spoke in opposition of the confirmation. Vice Mayor Marquis spoke in favor of the confirmation. Student Representative Daly spoke in favor of the confirmation. VOTE ON CONFIRMATION OF BRENDYN SHIFLEA: YEA: Marquis, Navarre, Porter, Gabriel, Bookey NAY: Boyle, Molloy "Student Representative Daly: YEA VOTE: MOTION PASSED. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. 'Ordinance No. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. Ordinance No. 2670 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 3. "Ordinance No. 2671 -2013 — Increasing Estimated Revenues and Appropriations by $2933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. Ordinance No. 2671 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. City of Kenai Council Meeting Minutes Page 10 of 13 January 2, 2013 4. *Ordinance No. 2672 -2013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. Ordinance No. 2672 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 5. *Ordinance No. 2673 -2013 — Increasing Estimated Revenues and Appropriations by $10,350 in the General Fund — Shop Department to Fund a Temporary Mechanic Position to Last Not More Than Two Months. Ordinance No. 2673 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be January 10, 2013. 2. Airport Commission — Council Member Gabriel noted the minutes from the last meeting were in the packet and the next meeting would be January 10, 2013. 3. Harbor Commission — Council Member Molloy reported there was no need for a special meeting in December and the next meeting would be January 7 at 5:00 p.m. rather than the usual time of 7:00 p.m. 4. Library Commission — Council Member Boyle noted the Library Commission would meet on January 3, 2013, 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — Council Member Navarre noted the next meeting would be January 9, 2013. 7. Beautification Committee — Mayor Porter reported the next meeting would be January 8, 2013. 8. Mini -Grant Steering Committee — Mayor Porter had no report. Mayor Porter reported the following • Coffee with the Mayor would be on January 5 from 9:00 to 10:30 a.m. • City Attorney requested a Special Meeting for an Executive Session related to the Lashbrook appeal of the Board of Adjustment decision. • The Special Meeting was set for January 7, 2013 at 5:30 p.m. 1. City Manager — Koch reported the following: City of Kenai Council Meeting Minutes Page 11 of 13 January 2, 2013 • Streets and Airport were busy with snowfall on Christmas. • To attend the Airport Commission meeting regarding leasing requirements. • Attending all commission and committee meetings with the City Clerk and City Attorney to discuss requirements, policies and changes. • Scheduled a work session for January 22, 2013 at 6:00 p.m. to discuss the Kenai River Estuary Rehabilitation Project. 2. City Attorney — Bloom reported contract deadlines suggested by Siemens would not be met. 3. City Clerk — Modigh reported she and Deputy City Clerk Mall would be attending the Laserfiche Conference from January 7 — 10 and Nancy Carver would be Temporary Deputy City Clerk during their absence. •0a, • 1. Citizens Comments Robert Ruffner, 48460 Lakeside — Mr. Ruffner complimented the City on the Recreation Center and Library after recent visits with his children. Mark Schrag, 312 Princess — Mr. Schrag noted he appreciated being able to exercise his right to give public comments. 2. Council Comments Council Member Boyle thanked the public for their comments and noted the road crew was doing a great job. Council Member Molloy thanked the Planning and Zoning Commission applicants and congratulated the confirmed nominees. Vice Mayor Marquis thanked Mr. Schrag for his comments. Student Representative Daly reported school would restart on January 7 and wished everyone Happy New Year. Council Member Bookey noted fire hydrants were looking good and he attended the Kenai Performers New Year's event. Council Member Gabriel thanked the speakers and applicants for Planning and Zoning Commission, Council Member Navarre presented the Council with the Alaska Stand Alone Pipeline newsletter and noted a resolution in support of the corresponding house bill would be in the next packet. L. EXECUTIVE SESSION — None City of Kenai Council Meeting Minutes Page 12 of 13 January 2, 2013 � 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 [Clerk's Note: At its November 21, 2012 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.] UINIWVa� There being no further business before the Council, the meeting was adjourned at approximately 8:31 p.m. Minutes prepared and submitted by: Corene Hail, CMC, Deputy City Clerk *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Minutes Page 13 of 13 January 2, 2013 A Special Meeting of the Kenai City Council was held on January 7, 2013, in City Hall Council Chambers, Kenai, Alaska. Vice Mayor Marquis called the meeting to order at 5:30 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 comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney 3. Agenda Approval • 'i s Mike Boyle Tim Navarre Brian Gabriel Council Member Bookey MOVED to approve the agenda. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. •N il . - Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege Regarding Lashbrook Board of Adjustment Appeal. S _rs Council Member Bookey MOVED to convene in executive session for matters which by law, municipal charter, or ordinance are required to be confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege Regarding Lashbrook Board of Adjustment Appeal and Council Member Molloy SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Gabriel, Bookey NAY: VOTE: LOTION PASSED UNANIMOUSLY. Council convened in executive session from 5;35 p.m. until 5.54 p.m. Vice Mayor Marquis called the meeting back to order in open session and Council Member Bookey reported the Council met in executive session and gave direction to the City Attorney. D. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 5:55 p.m. Minutes prepared and submitted by: Nancy Cancer, Acting Deputy City Clerk City of Kenai Council Special Meeting Minutes Page 2 of 2 January 7, 2013 Council present: Vice Mayor R. Marquis, R. Molloy, M. Boyle, T. Bookey, B. Gabriel, T. Navarre Others present: City Manager R. Koch, City Attorney S. Bloom, Planning Assistant N. Carver, Finance Director T. Eubank, and IT Manager D. Castimore Vice Mayor Marquis began the work session at approximately 6:05 p.m. City Manager Koch provided a brief overview of the 2012 Dip Net Report, reviewing alternatives which were included in the packet. Council comments included: • Long term solutions • Eliminate camping • Allowing payment by credit card • Additional signage • Establishing speed limits Several residents provided input and recommendations for the 2013 Dipnet Fishery. Council requested Administration provide a cost estimate of accepting credit card payments at the beach shacks and requested a legal opinion from the attorney related to the City taking possession of beach waste and raking versus dumping. It was suggested an additional work session be scheduled to discuss alternatives, funding and direction for Administration. The work session was adjourned at 9:30 p.m. Notes prepared by: Nancy Carver Acting Deputy City Clerk 7 M 8 p 1 cv v P z LU S N w 1 � ;J iz :D :U D O N 63 h M n ai ui w o N of 7 _O N W W } y Q :D m m co Q Q Z J J U) (D Cf) Z) D :D O O _O W U Z 9 2 Z 2 J Q W 2 ;, 01 m IJ A a h N V w W M 2 W U W 0 Z J a h v U N W d w W m w W w w U) T w CL H Z w w Z w 8- Q Q 0 0 V CD O O O O O O O O O O O O Lo L6 N N � O O N N � r r w W w W !n Le) H F- 0 0 D P I U lL W w w w w w w IL a u "Villa ye wdk a Past, C# witA a Fret "r°eI" The purpose of this memo is to provide a recommendation that Action on the referenced Permit be post - posed. The City currently leases the premises to MITAK, LLC, and Paragraph No. 4 of the Lease states that the Lessee agrees "not to assign his lease, nor let, nor sublet, either by grant or implication, the whole part of the premises or any part without written consent of the City." A certified letter was sent to the Lessee on April 11, 2012 requesting a copy of the sublease and noticing the Lessee that a failure to obtain the City's written consent could constitute a default under the Lease. A draft copy of a Sublease and Sale Agreement between MITAK, LLC and Pink Coyote Limited was provided to the City on January 7, 2013. The Agreement has not been finalized and will require the City's consent. The City Manager met with representatives of Pink Coyote Limited on January 8 to discuss the status of the referenced permit as well as the sublease. It is our understanding that a copy of the executed sublease is also being required by the Alcoholic Beverage Control Board before the transfer can be completed. Based on this information, it is recommended that Action on the Designation Permit be post - posed until such time as a sublease to Pink Coyote Limited is submitted to the City Council for approval. cc: MITAK, LLC Pink Coyote Limited STATE Eli ALASKA ALCONOI IC BEVERAGE CONTROL BOAR]) rAURANI'DESI:UNATION PERMI T'- AS (14.16.049,t, 13 AACti1417 7S 9tCJRw'n I h granting 01, this perm t allows access 04 oursons u1ni � 21 year, or age to designated licensed premises for oul po ; o non �"s'�t under the as., of 20 for employment. if tot employment. please stole in detail, how the person o, L oc employeo, duties- etc. This application is far designation 044 Imenodes where : (pSease mara;: des %red ivanss }. i X Cinder 13 AAC 10430-, Bona fide restaurtankatinF place, License Number T :.- 'c­ Persons age 16 to 20 may ditto inraccompanied, :1 Persons under 16 may chm, accompanied by a person 21 years or older. 4 _,Persons between 16 and 119 yews maybe cmeuoyed *(See note below)_ n; t tiff. ;R'SIE: �- -'r'at/ IDIBIA: ADDRESS: J!fe(j�%;✓; ,!<J�r�%/ t.,,l'`G.`%�_ (71z�'Cl Hours of Operation - O iqA ( , to /4 , Telephone ° 1-lave police, ever been called to yom premises by you, or anyone else for any reason: [ ] yes [) � No If yes, date(s) acid explanation(s). 3. * Duties ofempioyment: 4. Are video games available to the public on your premises? Do von provide smon sinment: [ Szj Yes j ] No Uyes. describe. % ,.L`"f ,L f•' %``, '7 t y 6. 1fow is food served'? y( Table Service ry- Buffet Service Counter Service O¢per* Is the orsmci. manager, or assistant manager always present during business hours? �4 Yes ( j No *`* A MENTU AND A DETAILED LICENSFI) PREMISE DIAGRAM M UST ACCOMPANY THIS APPLICATION —1 I nave read and am famiha. with Title 4 of h Alaska statutes and its regulations. Appircanf signature Local Governing Body Subscribed and sworn to before me this r day o1 i i(s)u 1 r J t �` Daze. �II ti Noun, Public in and for Alaska / Direetoc ABC Board Date: to explain food srrvicc, cnzerianrent, etc., please add an hack or anacb additional aaao(sl, r8r t art Ph 907 )26l i ()M Up se4E E luck, Ro date: "7 /iB /i1 Ar,cn96 to N,507 FY !907)271'/-q412 a+ STATE OF ALASKA ALCOHOL BEVERAGE CONTROL BOARD Licensed Premises Diagram INSTRUCTIONS: Drae, a detailed floor plan of your present or proposed licensed prernises on the graph below: show all entrances and exits, and all fixtures such as tables, booths, games, counters, bars, coolers, stages. etc. DBA.' PREMISES LOCATION: Indicate scale by x after appropriate statement or show length and width of premises. I SQ- = 4 FT. SCALE A: I SQ = 1 FT. SCALE B: Length and width of premises in feet: Ouidine the area to be designated far saie, service, Storage, and Consumption 0 ak"011011C beverages in red DO NOT USE BLUE INK OR PENCIL ON TH)US DIAGRAM. QT ARTING LINE-UP 'Potato Skins, ....... -----39,75 Loaded wiTomalo, Onion, Bacon & Cheddar. Chicken Fingers....... .... ..............510.25 Try 'em plain or Rot Buffalo St yle. M07--arefla Sluggers... --- ...................... 511.75 A whole gdove fall qf closwic mozzarella sticks. Chili Cheese Fries. . . ........ ...... .... — ........56.50 Cheese Stuffed Jalapenos Poppers...,::......$11.75 406 Nachos.. ........:.::.:.........513.25` Piled Ail zh w1Beqf or Chicken & all the fixins. Quesadillas. ....... Stuffed wf Zesty Chicken, or Beef , Cheese, T rnato & Onion- Calamari Rings Deep-fr . i . e . d . Ca . la . m . ar . i ........ --$16.25 Fried Shrimp ........ ...... .... -- ....... 516.25 Deepfried Breaded Shrimp . fri Halibut Bites ..... ............... .........................$14.50 Pieces of Halibut served Grilled, Blackened or Fried Prime Rib Bites ....... ....... —.—S15.75 Tewlerpieces ofPrime Rib served Grilled or Blackened. wimr gs .................... ......... —10SI1,75 Araked, Medium, Hot or BBQ ........... 20$22.75 Cheese Bread S5.00 Grilled Hoagie roll with Mozzarella & Parmesan cheese Pizza`llread 57.00 Hoagie roll w/pizza sauce, Pepperoni or Salami & Mozzarella cheese 01wimik-mm The Original 406 . ...... ...... — ........ — ...... S15.50 Onion Rings, Potato Skins, Sluggers & Chicken Fingers Miami our— .................---- -.----................5165.75 Wings, Babg -Bacic Ribs & Jalapeno Poppers Dallas Maverick ............... .........................513.75 Chicken Fingers, Mozzarella Sluggers & Garlic Bread D,w,avn-- Wade ......... ........ - ........... ... -Sl's.75 Calamarl, Fried Shrimp & Halibut Bites. South of the Border ....................... ...... —SI:;.75 Basket Full qfToquilos and Mini Taco's served with salsa and sour cream, New or Styie Pizza Available after 4 p.m. DOy Bacon Black Olives Canadian Bacon Fresh Tarwwo Chicken Green. Pappers fralianSausage Jaiapenos Pepperoni mushrooms Salami (Onions 0,06- t Blue Cheese Cheddar Cheese Illozzarella Cheese Pay-mesan Cheese Pineapple ViozzArefla Cheese 14 inch $14.95 1 Topper 2 Topp 3 Toppe $16.95 $18.95 $20.95 Try Our Corrabinan"Ons VEGGIELOVER $16.0 Black Olives, Fresh TomaToes, Green Peppers, Mitshrooms & Onions PRIME BITE $18.511 TYime Bites, Green peppers, Mushrooms, Onions, Blue Cheese & jWozzarellcd Cheese — THREE MEAT THREE CHEESE $18.95 Italian Sausage, Pq713croni, Salamn-, Cheddar, 1l,41ozzarelic; & Parmesan Cheese SOUTH OF THE' BORDER $17.95 ' Black Taco ilea, l k Olives, .1'alapenos, Onions, Cheddar & iWazzarella Cheese KjWh Lettuce, Fresh Tomatoes & a Side qfSalsa TROPICAL DE LIGHT $17.95 Chicken, ,4Fnndarin Oranges, Pineapple, Mozzarella & Parmesan Cheese TIER LE QED Italian Sausage, Pepperoni, Salami, Black Olives, Fresh Tomaloes, Green peppers, Mushrooms. Onions, Cheddar, Mozzarella & Parmesan Cheese Our pizza dough is homemade daily 1140 e�x p SOUPS & SALADS Cup $4.251 Bowl $6.00 Soup of the Day *Chiii *NTewEngland Clam Chowder The Umpine " .............. .........................$10.15 xr., A Classic chefs salad iv/ your choice of dressing. Caesar Salad" ......... .......... ..............$11.75 Your Choice of Chicken Shrimp, Grille d Red Snapper or Steak over Romaine lettuce tossed w/ Caesar dressing and croutons. TacoSalad... ................ ......_..................$10.95 Served in a deep fried taco shell w1 salsa. Chicken Crunch Salad 510.75 Golden fried Chicken tenders served over salad greens, with Oriental vinaigrette, crispy noodles & toasted almonds Singie -flag Soup & Half Sandwich or $5.00 - Double -Play Soup.: Sandwich ................... $9.75 B 7' gram, Turkey, or Roast Beef w cup rlf soup. BURGERS All burgers served with fries, sweet potato fries, or cote slaw Onion flings are only &1.00 more Boston Burger 591.50 Your choice of cheese melted over/3 lb. ground sirloin. Add Bacon; for $1.50 Green Monster 1»14.25 Our Boston Burger x2 topped with Guacamole d Bacon Splendid Splinter 510.75 Cheddar cheese melted over Bacon & union Rings topped 147113B0 sauce It's hasp Manny SPO.?5 ,Swiss cheese melted over sauteed mushrooms ` Big Bapi SI0.75 hor 1 Pez per Jack cheese melted over sliced.✓alapehos sprinkled w/ sauce ' Buck ner's Error 510.75 r '' l American cheese melted over fried egg & ham � Pedro Pats ]bell 516.75 Swiss cheese melded over sauteed anicsns on , -illed sour °daugh r Ted's Teriyaki Delight 510,75 Teriyaki burger, or Chicken Brcast, pineapple ring & SS Viss cheese Lesrer's Slider& S s -M Choice of 2 Miru Burger Fish, Chicken, :work, or Trench -Dili choicer; .406 SL.UO Two e sG Choice s gG IWO poacnea eggs'W'L'urlauzuet d "u Ufz on top of an English �mW, 'n covered in Hollandaise sauce. EGGS IRISH . .............................Ss Two poached eggs & corned beef *hash x.50 on top of an English muf ,ftn G v?reC an Hollandaise .sauce. BREAKFAST SANDwICH ........ .....$7.50 One egg cooked any style w1 sausage, bacon, or ham on an English muffin or Croissant served w1 your choice ©fhash browns or grits. DENVER OMELET ....... :......... ......$10.25 Hare, cheddar cheese with onions, L peppers folded into three. Huffy eggs served wl hash browns or grits c& toast. DUGOUT OMELET ...... .... ...........$9.50 iay cheese folded into ihreefuffy egg r served w/ hash browns or grits u: toast Bacon Jalapenos Ham Chopped Onions Sausage Green peppers Tomatoes Sauteed Mushrooms Each additional topping $0.75 �z BOSTON VECEF`' O LET $10.25 Any cheese folded into three fluffs eggs with tomatoes, chopped onions, green & red peppers, &mushrooms,wl your choice of hash browns or grits c& toast SHORT 'TOP............ .."S9.75 ofhash browns or grits bacon, sausage or ham e& toast. i,ULL COUNT ............. ...........$9 French toast & tzvo eggs conked any style sei wlyour choice =ofhaconsausage or ham. PITC'L ER7,S ArIOUND..... °..57.75 Three -large buttermilk pancal cs or2 .pieces of French toast plain or topped w1 strawberries; blueberries or chocolate chips for 51.00 more. CFiN TERF IEL DER......... ..............57.75 Four slices of Tcxas Toast dipped in a vanilla cinnamon batter, grilled to perfection cis sprinkledw1powdered sugar. r—MCKFN FRIED STEAK & EGGS $10.25 hash browns or grits & toast. FAST BALL BISCUITS & GRAVY 54.75 Two buttermilk biscuits'with sausage gravy. CURVE I1AI LBYSCUITS c4:-GRAVY $5.50 One buttermilkbiscuit -with sausage graazy two eggs cooked.any style. BEVERAGES 52.00 Coffee, Tea, Bilk, Juice, Hot Cocoa, Soft Thinks OVA wwadkenai.ak.us Kenai I r 2011 SUBJECT: .: Department Resources, Division of Forestry for Lot 4, FBO Subdivision nam Iv IrA7rmWJJ Mary J. Doyle Block 1, Gusty Subdivision The purpose of this memo is to provide additional information in support of the above referenced Action /Approval items scheduled for the January 16 Council Meeting. The Kenai Municipal Airport Supplemental Planning Assessment was completed in 2007, and, recommendations were made to the City's existing airport property management to establish a new method of setting and adjusting land rental rates for the Airport Reserve based on an airport -wide appraisal conducted every five years. Ordinance 2180 -2006 amended the City's Code for the leasing of Airport Lands. Existing leases within the Airport Reserve are scheduled for a redetermination of rent at five -year intervals. Beginning in 2009, the City has amended these leases to change the five -year cycle to years ending in zero and five. The three above leases are scheduled for renegotiation in 2013. Administration has proposed that the annual rent remain the same as the current rate for two years between July 1, 2013 and June 30, 2015, provided that the rent renegotiation Page 2 of 2 January 2, 2012 Amendment(s) to Lease of Airport Lands cycle be changed so that the next renegotiation will take place in 2015 rather than 2017. The lease requires the approval of the City Council to amend the renegotiation cycle. The City Attorney has reviewed the attached Amendments and has approved them as to form. If the City Council approves the Amendments, they may be executed by the parties. Attachments cc: Mary Bondurant, Airport Manager State of Alaska, DNR, Division of Forestry Patrick and Mary Doyle Schilling Rentals, LLC �Wlqfladutmf Ino oil FIMMIZET-Tell l • • UOIANDo AL FBO Subdivision N .7 THIS Second Amendment to Lease is made as of the day of 2013, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY (Lessee), whose address is 550 West Seventh Avenue, Suite 1970, Anchorage, Alaska 99501. WITNESSETH WHEREAS, on June 16, 2004, the City entered into a lease with the State of Alaska, Department of Natural Resources, Division of Forestry for City -owned lands identified as Lot 4, F.B.O. Subdivision No. 7, according to Plat No. 2001 -34, Kenai, Alaska, which lease was recorded at 2004- 006220 -0 on June 25, 2004, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, on July 1, 2008, the Lease was amended to reflect the lease rate had been renegotiated by the parties, which amendment was recorded at 2008 - 006942 -0; and, WHEREAS, in order to change the five -year cycle to years ending in zero (0) and five (5), the next rent rate adjustment shall be performed in 2015 rather than 2013, after which the parties will again proceed within five -year intervals for rent renegotiation as set out in paragraph 9 of the Lease. NOW THEREFORE, the parties agree as follows: 1. Pursuant to paragraph 9 of the Lease, requiring redetermination of the rent at five -year intervals, the parties agree that, beginning July 1, 2013, the rent shall be $11,160.00 per annum, plus applicable sales taxes. 2. The parties agree that this rent shall be effective for two (2) years between July 1, 2013, and June 30, 2015, after which rent shall be redetermined every five years pursuant to paragraph 9 of the Lease as amended. 4. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. Second Amendment to Lease — Lot 4, FBO Subdivision No. 7 Page 1 of 2 By: Rick R. Koch Its: City Manager C Approved as J form Scott Bloom City Attorney State of Alaska ) ss Third Judicial District ) �. ! 1, ! •, ls1" The foregoing instrument was acknowledged before me this day of , 2013, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2013, by (Name), (Title), on behalf of STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 21.0 Fidalgo Avenue Kenai, AK 99611 -7794 Second Amendment to Lease — Lot 4, FBO Subdivision No. 7 Page 2 of 2 Eighth Amendment to Lease between the City and Patrick J. Doyle Doyle THIS Eighth Amendment to Lease is made as of the day of 2013, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PATRICK J. DOYLE AND MARY J. DOYLE (Lessee), whose address is 2243 Beaver Loop Road, Kenai, AK 99611, WITNESSETH WHEREAS, on November 16, 1983, the City entered into a lease with Lessee for City -owned lands identified as Lot 5, Block 1, Gusty Subdivision, Addition No. 1, Kenai, Alaska, which lease was recorded at Book 225 Pages 376 -394 on December 12, 1983, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, the parties to the Lease have amended the Lease over the years which amendments are recorded in the Kenai Recording District and summarized as follows: Amendment to Lease recorded at Book 260 Pages 994 -996 on May 13, 1985, amending the site plan, proposed completion date, and purpose of the lease to read "Car Wash and Gas Pumps"; Amendment to Lease recorded at Book 333 Pages 282 -283 on September 9, 1988, redetermining the rental rate; Amendment to Lease recorded at Book 333 Pages 284 -286 on September 9, 1988, amending General Covenant No. 14 of the lease providing for insurance; Amendment to Lease recorded at Book 420 Pages 334 -335 on June 15, 1993, redetermining the rental rate; Amendment to Lease recorded at Book 528 Pages 647 -648 on May 1, 1998, redetermining the rental rate; Amendment to Lease redetermining the rent effective July 1, 2003 (Lessee accepted terms of amendment through continued occupancy and payment of new rent; however, Lessee did not sign the amendment, and it is not recorded in the Kenai Recording District); and, Amendment to Lease recorded at 2008 - 004554 -0 on May 5, 2008, redetermining the rental rate; Eighth Amendment to Lease — Lot 5, Block 1, Gusty Subdivision Page 1 of 3 WHEREAS, in order to change the five -year cycle to years ending in zero (0) and five (5), the next rent rate adjustment shall be performed in 2015 rather than 2013, after which the parties will again proceed within five -year intervals for rent renegotiation as set out in paragraph 9 of the Lease. NOW THEREFORE, the parties agree as follows: 1. Pursuant to paragraph 9 of the Lease, requiring redetermination of the rent at five -year intervals, the parties agree that, beginning July 1, 2013, . the rent shall be $7,236.97 per annum, plus applicable sales taxes. 2. The parties agree that this new rent shall be effective for two (2) years between July 1, 2013, and June 30, 2015, after which rent shall be redetermined every five years pursuant to paragraph 9 of the Lease as amended. 4. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. Bv: Rick R. Koch Its: City Manager 12"Z4T#]' A- 111110 By: Patrick J. Doyle By: Mary J. Doyle Approved,as to form: Scott Bloom City Attorney Eighth Amendment to Lease — Lot 5, Block I. Gusty Subdivision Page 2 of 3 State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of , 2013, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of , 2013, by Patrick J. Doyle. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of , 2013, by Mary J. Doyle. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Eighth Amendment to Lease — Lot 5, Block 1, Gusty Subdivision Page 3 of 3 ma 7 m o a • O Schilling Rentals, LLC for oS 1A, Block 4, 1;2 1. THIS Ninth Amendment to Lease is made as of the day of 2013, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and SCHILLING RENTALS, LLC (Lessee), whose address is 420 N. Willow, Kenai, AK 99611. WHEREAS, on March 2, 1966, the City entered into a lease with Ray Cason for City - owned lands identified as Lot 1, Block 4, General Aircraft Apron, Kenai, Alaska, which lease was recorded at Book 40 Pages 275 -279 on July 7, 1971, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since March 2, 1966, the rights under the Lease have been assigned or transferred to various Lessees, including the current Lessee, Schilling Rentals, LLC; and, WHEREAS, the parties to the Lease have amended the Lease over the years which amendments are recorded in the Kenai Recording District and summarized as follows: Amendment to Lease recorded at Book 172 Pages 257 -272 on June 16, 1981, amending the terms of the Lease; Amendment to Lease recorded at Book 212 Pages 234 -235 on July 5, 1983, redetermining the rental rate; Amendment to Lease recorded at Book 315 Pages 884 -885 on September 3, 1987, amending the legal description to `Lot IA, Block 4, General Aviation Apron #3"; Amendment to Lease recorded at Book 330 Pages 063 -064 on June 6, 1988, redetermining the rental rate; Amendment to Lease recorded at Book 420 Pages 336 -337 on June 15, 1993, redetermining the rental rate; Amendment to Lease recorded at Book 531 Pages 612 -613 on June 8, 1998, redetermining the rental rate; Eighth Amendment to Lease— Lot IA, Block 4, General Aviation Apron Page 1 of 3 M Sponsored by: Council Member Bookey Council Member Marquis AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 23.40.080 RETIREMENT, TO REFLECT CURRENT RETIREMENT OPTIONS FOR CITY EMPLOYEES AND REMOVING THE FIVE YEAR WORKING LIMITATION FOR EMPLOYEES EXEMPTED FROM THE PUBLIC EMPLOYEES RETIREMENT" SYSTEM. WHEREAS, Kenai Municipal Code 23.40.080 Retirement, currently requires City employees to participate in the State Public Employees Retirement System (PERS) unless the employee participates in the opt -out provision of AS 39.35.150(b); and, WHEREAS, AS 39.35.150(b) has been repealed by the State Legislature; and, WHEREAS, current practices require the City to amend its PERS participation agreement with the State to allow for a category or class of employees to be exempted from participating in PERS; and, WHEREAS, since its execution in 1969, the City's participation agreement has been amended four times to exclude and include both the City Manager's position and the City Council from PERS; and, WHEREAS, in order to continue to provide the option for certain categories or classes of City employees to be excluded. from PERS, KMC 23.40.080 must be amended to reflect the current process; and WHEREAS, KMC 23.40.080(b) imposed a five year limitation on employees who opted out of PERS under AS 39.35.150(b) to limit the disparity in treatment between employees eligible for retirement before and after June 30, 2005, when the opt -out provision was set to expire; and WHEREAS, eliminating the five year limitation on employees working after exemption from PERS will allow the City greater flexibility in its employment opportunities for current and future employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.40.080 of the Kenai Municipal Code: that Kenai Municipal Code, Section 23.40.080 Retirement, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2674 -2013 Page 2 of 2 23.40.080 Retirement. (a) Eligible [E] employees are required to participate in the State Public Employees Retirement System (PERS) unless [THE EMPLOYEE PARTICIPATES IN THE OPT -OUT PROVISION OF AS 39.35.150(B). SEE PERS HANDBOOK FOR DETAILS] the employee's category or class of employment has been exempted by amendment to the City's PERS Participation Agreement. Amendment to the City's PERS Participation Agreement for the purpose of exempting a class or category of employees must be authorized by Resolution of the City Council. [(B) AN EMPLOYEE WHO PARTICIPATES IN THE OPT -OUT PROVISIONS OF AS 39.35.150(B)SHALL WORK NO MORE THAN FIVE YEARS IN ANY CAPACITY AFTER THE DATE OF HIS /HER REEMPLOYMENT WITH THE CITY, UNLESS THAT PERSON TERMINATES EMPLOYMENT WITH THE CITY AND IS REEMPLOYED AS AN EMPLOYEE WITHIN THE PERS SYSTEM. THIS SECTION DOES NOT PROHIBIT A FORMER EMPLOYEE FROM SERVING AS A COUNCIL, COMMISSION OR COMMITTEE MEMBER.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6tb day of February, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: January 16, 2013 Adopted: February 6, 2013 Effective: March 6. 2013 New Text Underlined; [DELETED TEXT BRACKETED] LPXF 1 E. �� a •r�,. Telephone: 't 907-283-3014 TO: Mayor Porter and Council Members Boyle, Gabriel, Molloy, and Navarre FROM: Council Members Terry Bookey and Ryan Marquis DATE: January 11, 2013 . RE: Ordinance No. 2674 -2013 Recently, the City Manager approached City Council to discuss opting his position out of the Alaska Public Employee Retirement System (PERS). During subsequent review of Kenai Municipal Code as it relates to employee participation in PEERS, it was brought to our attention that certain sections of that code reference Alaska statutes that have been repealed. The purpose of this ordinance is to correct outdated code language and make appropriate changes that would continue to allow the City to have certain flexibility with its employees' PERS participation. These corrections also recognize the City's historical practice of opting certain positions in and out of PERS, at the needs and discretion of the City Council. Worth noting, the City's PERS agreement has been amended four times previously: the City Manager position was removed in 1997; in 2000, the Kenai City Council was added to PERS; in 2006, the Kenai City Council removed themselves from PERS; and in 2007, the City Manager position was placed back into PERS. We respectfully request your support of this ordinance. Suggested by: Legal Department C Ai AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.20.300 APPEAL TO SUPERIOR COURT, TO SPECIFY THAT APPEALS OF BOARD OF ADJUSTMENT DECISIONS MAY ONLY BE TAKEN TO THE SUPERIOR COURT IN KENAI, ALASKA BY AN INTERESTED PARTY. WHEREAS, KMC 14.20.300, Appeal to Superior Court, provides for appeals of Board of Adjustment decisions to be taken to the superior court by any person; and, WHEREAS, it is in the best interest of the City of Kenai to require that decisions of the City's Board of Adjustment be appealed to the Superior Court in Kenai; and, WHEREAS, it is further in the City's best interest and in conformity with applicable court rules to require that only interested parties may bring an appeal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 14.20.300 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.300 Appeal to superior court, is hereby amended . as follows: An appeal from any action or decision of the Board of Adjustment may be taken by [ANY PERSON[ an interested party to the Superior Court in Kenai Alaska under the rules of appellate procedure governing appeals from administrative agency decisions [AS PROVIDED BY STATE LAW 1 and applicable ordinances. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision., or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Ordinance No. 2675 -2013 Page 2 of 2 Section 4. Effective Date: That pursuant to KMC 1. 15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: January 16, 2013 Adopted: February 6, 2013 Effective: March 6, 2013 New Text Underlined; [DELETED TEXT BRACKETED] 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us TO: Mayor Porter and Members of the City Council FROM: City Attorney, Scott Bloom` DATE: January 11, 2013 RE: Ordinance No. 2675 -2013 Amending Board of Adjustment Appeals Procedures City Code provides that appeals from decisions of the Board of Adjustment can be taken to Superior Court by any person. It is in the City's best interest to specify that appeals must be filed in the Kenai Superior Court where the City's resources are and only by interested parties, or those aggrieved by a decision of the Board of Adjustment. While the Legal Department plans a more comprehensive review of the Board of Adjustment process and procedures in the near future, it is recommended that this change be adopted sooner rather than later. Thank you for your consideration. � ®\ / )`\ = \$ _\ 4 < / \ m \ \� }j >/« \/\ }/£ 2 / \ Uz OF x «d VEHICLE MAI ENA c£!&SOTY SCHEMATIC DESIGN «s=VALUE ENGINEERING g I m i e IM i SCHEMATIC DESIGN -VALUE ENGINEERING::::: "�`EU:�; a 11 FA a C CITY OF KENAI VEHICLE MAINTENANCE FACILITY Ll n ry k. o °'� N - -, v KENAI ,ALASKA - � �Z, 2 1 `I as. s �f 1 .F� a� r Iv. CITY OF KENAI VEHICLE IAITENANCE FACILITY KEN T ;I Y gg1 III 9 ct 4�. j I 1 f i 1f I 71! r rl C I yJ� L 3 ¢ L I ^ Yc I a� r Iv. CITY OF KENAI VEHICLE IAITENANCE FACILITY KEN T ;I Y gg1 III 4�. j I 1 f i I 71! 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OO ` i o10 DID, LLL 0101 F J— U III 010 e j 010 �00 r 00 I 00 x I � 1 I, 00 To 001 '00 'I 0la 1 0!,0 I O joi0 j a aIr _ .I 1 1� IoIoE 1 _l 1 1 G 0 101 0 Elool s= — o _ 11 11000:1 G cia ' C,la 00j1 00 0 UO J ICI �I� I ova I i i � ac ca F= 00 ool , oa 1 100 00 i SCHEMATIC DESIGN • VALUE ENGINEERINGSSG::��, CITY OF KENAI VEHICLE MAINTENANCE FACILITY O ! g KENAI , ALASKA g SCHEMATIC DESIGN - VALUE ENGINEERING J a 0 o� Y u Eli I � v p = g CITY OF KENAI VEHICLE MAINTENANCE FACILITY ^ - ' l` � \]� Pill KENAI , ALASKA /' i4- __1 th -a�/af KENAI, ALASKA 1 The ConocoPhillips /city of Kenai Multi- Purpose Facility had a total of 61.5 hours of ice reserved for the month of December. This compares to 11 1 hours during the same month last season. The low number of hours were a result of multiple cancelations due to extreme cold weather conditions that persisted on and off throughout December. We should see a good increase in hours through January as a result of the Peninsula Winter Games. The Kenai Nordic Trails have been getting groomed since just before the December holiday school break. The department will continue grooming efforts in attempt to mitigate icy conditions. The Kenai Central High School will host their annual cross - country ski race on January 18th. The Kenai Middle School started up their ski program January 7th and is expected to host an event later in the season. The Director was absent (vacation) two weeks toward the end of December. The staff did an excellent job staying on top of duties and responsibilities, i.e., Duabenspeck Family Park sign, snow removal, grooming efforts, etc. Staff will be removing pole decorations throughout the course of this week. The Beautification Committee would like to see the other miscellaneous town lights up for a bit longer. The department had a total of 28 hours of community service work through December. This individual primarily provided assistance with clearing snow away from fire hydrants. We solicited quotes for a bulk of the City flowers for the upcoming summer and Connie's Flowers will once again be providing this service. ttie city o� �� KENALALA SKA Here at the Fire Department, the Holiday season stayed relatively calm. It always seems to happen that there is an unfortunate emergency that happens to one of our residents such as a house fire, but this past year closed quietly. Our year ended with 1,212 calls for 2012. This is the first time in many years we have seen a slight decrease in call volume with it being 10% less than the year before. This year has started out busy with almost 4.5 calls a day coming into the department. We have had one structure fire off of beaver loop on the evening of January 1st. The fire was held to the office area of a large shop and all the heavy equipment inside was saved. Current road conditions and driver awareness seems to have helped slow the need for rescues lately but this can change by the day. We have been working closely with City Administration with the construction of the Assisted Living Facilities within our community and anticipate a slight rise in run volumes for these occupants as they may need additional care. Recent training include the addition of two of the department personnel checked off and ready to operate at the airport fire station. Thanks to Battalion Chief Prior and the crews for their hard work in attaining this training. We have been working on the budget for 2013 and look forward to budget meetings with City Administration and look forward to a busy, but good new year. �m \\ Meu�yof // KENUALASKA To: Rick loch, City Manager From: Rachael S. Craig, Senior Center Director Date: January 7, 2012 Total December Meal Count 2012 Served: Total Congregate Meals Served: 1,173 Total Horne Meals Served: 1,949 Total December Meal Count 2011 Served: Total Congregate Meals Served: 1,027 Total Home Meals Served: 1.837 During the month of December the senior center was rented five times. Volunteers provided 1,016 service hours. December is a busy month with holiday activities. We kicked the season off with a Christmas Tea hosted by Patsy Clifford. Senior women who participated brought coolies to share and to exchange with others. There were 25 senior women at the tea. The admin. Assistant scheduled 35 appointments concerning various senior issues and had 27 senior walk -in appointments. There were 61 grandparents and kids present for Breakfast with Santa. This event is always fun! A fun time was had by all present at the Senior Christmas Party. Santa past out presents and pictures were taken. We had a wonderful potluck. Due to bad weather we had only 15 seniors in attendance. Dave Merrill Family volunteered to set up the potluck table and host the event. His family looks forward to this event every year. 88 seniors were present to celebrate New Year's Eve with a special New Years Eve Brunch and Bingo. This is event was very successful and after many positive comments, it will be scheduled for next year. In December, 16 Seniors regularly attended 140 hours of weight resistance program, 5 attended 38 hours of the "Richard Simmons" aerobics classes, 6 seniors attended 26 hours of Tai -Chi class, 2 attended 4 hours of Zurnba Gold, 7attended 14 hours of Bell Ringers Group, and 8 senior women attended 50 hours of line dancing. 17111,N1 Master Plan — The Phase I report is at the FAA under final review and approval of the forecasting. Phase II 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 Markinq — 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: DIRECT -ENTRY DIGITAL NOTAMs: The Airport is now using FAA Web -based software to directly enter Surface Area NOTAMs into the United States NOTAM System (USNS) and by -pass the Flight Service Station. This allows for quick and easy issuance of NOTAMs, improved NOTAM management, and instant validation feedback. It improves safety and efficiency when relaying NOTAM information to pilots. The transition was seamless and should this new system be out -of- service for any reason, the Airport can still revert back to filing NOTAMS through the Flight Service Station. FAA Part 139 Certification Inspection: The FAA Certification Inspector will conduct the annual inspection at the Kenai Airport from January 15 -18, 2013. The inspector will review ARFF training curriculum and personnel training records, basic emergency medical care training curriculum and certificates, quarterly inspection records of airport fuelers, the airport emergency control plan, triennial exercise documentation, airport daily inspection forms and corrective actions, and any records of accidents or incidents on movement areas involving aircrafts or vehicles. Winter Snow Removal Operations: Thank you to the Airport Crew who plowed on Christmas Day! Era Alaska had nine scheduled flights and we were hit with heavy snowfall. FY14 Budget — Airport staff is concentrating on the budget and will have a departmental budget to Finance by January 25. 2013 -001 iKENAI COMMUNITY LIBRARY ! - > MID -MONTH lkeeif 011 JANUARY 2013 KENAI, ALASKA December Circulation Figures Adult Fiction 1,473 Internet Access 987 Adult Non- Fiction 1,258 Downloadable Audio 378 Young Adult Fiction 363 Video 0 Periodicals 97 Room Booking 83 ,Juvenile Fiction 461 Music 160 Juvenile Non-Fiction 243 DVDs 2,829 Easy Fiction 1,065 Audio books 151 Easy Non - Fiction 525 Miscellaneous 146 Interlibrary Loan 35 Computer Programs 2 Total Print 5,520 Total Non -Print 4,358 Total Circulation 9,878 In- F.ouse circulation 364 Library Door Count....... 6,068 Downloadable Audio 378 Freegal Music 126 Downloadable EBooks 359 Circulation for calendar year 2012 was 16% higher than the total in 2011. In December we had 5 volunteers who worked putting in a total of 22 hours. There were 12 Children's programs with 342 total attendance and 8 adult programs with 24 participants. Kyrstin went to Head Start and read to 55 children. Inter Library Loan logged 35 orders with 32 items received, 28 returned and 20 items lent by our library to other institutions. '0100 Income Fines $ 796.40 Xerox 71.75 Lost/Damaged 43.55 Test Proctoring Fee 40.00 Printing 246.10 Other 40.00 Total income $1,237.80 Total Circ 3 160000 040000 120006 1001000 80000 60000 40000 z6000 I n 20'!2 2011 2010 2009 2008 7007 3006 2665 w T11t,1 C", Library Cards Issued December ILL 2 Kasilof 8 Kenai 36 Nikiski 9 Non Resident 5 Soldotna 17 Sterling 3 Organization & Other 0 Total 80 j \ POLICE DEPARTMENT MID-MONTH REPORT December 2012 t tia DATE: 1/9/13 SUBJECT: Police & Communications Department Activity — Month of December 2012 Police handled 670 calls for service (up from 632 in December 2011). The Communications Center received 255 emergency 9 -1 -1 calls (165 from cell phones), Communications personnel handled 2,936 administrative phone calls during the month of December, Officers made 54 arrests and wrote 239 reports. Traffic enforcement resulted in 130 warnings, 29 speeding tickets, 2 seatbelt tickets, 13 citations for equipment violations, and 36 citations for "other" traffic violations. There were 7 DUI arrests (0 felony). Police investigated 22 vehicle crashes, None of the crashes were DUI - related, and 5 of the crashes involved moose. From Dec. 4 -7, Chief Sandahl and Lt. Ross attended the Executive Development Conference in Anchorage, On Dec. 12, Officer Harris attended one day of Internet Crimes training at the Anchorage Police Department. From December 17 to December 21, officers made daily visits to all Kenai schools. We are continuing to sustain an elevated level of school visits in the new year. There were no arrests made on New Year's Eve D.O.A. 6 3 EUTHANIZED 19 52 Dogs 2012 2011 Dogs 2012 2011 STRAY 74 67 ADOPTED 71 66 Dogs 45 34 Dogs 41 32 Cats 27 32 Cats 27 32 Other Species 2 1 Other Species 3 1 RELEASED BY OWNER 28 64 CLAIMED 12 13 Volunteer hours Dogs 12 29 Dogs 12 11 Cats 13 34 Cats 0 2 Other Species 3 1 Other Species 0 0 D.O.A. 6 3 EUTHANIZED 19 52 Dogs 5 1 Dogs 4 19 Cats U 2 Cats 13 32 Other Species 1 0 Other Species 2 1 TOTAL ANIMALS 108 134 Other Disposition 0 0 Borough Animals 34 35 Field Investigations 29 71 Total Dogs 62 64 Volunteer hours 49 96 Total Cats 40 68 Total phone 527 455 Total Other Species 6 2 Kennel Permits 0 0 Community Involvement Projects: 12/29/2012 Stacie Mallette was interviewed by KSRM }Radio about our excellent adoption rate this month To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 9, 2013 Re: Monthly Report The past month has been a busy one with much of the department's focus on the preparation of the FY2014 Budget. The Council will receive its first draft of the FY2013 budget with its April 3r packet. There is much work to be done by all City departments over the next couple of months. The department is preparing for a year -end review of the Airport Land Sale and General Land Sale Permanent funds performance. The FY13 transfer from the ALSPF to Airport Operations will be $1,031,773. This compares to the FY13 budgeted amount of $1,033,243. The FY13 transfer from the GLSPF to General Fund operations will be $135,668. This compares to the FY13 budgeted amount of $142,236. The data center cooling project has been completed. The new system is maintaining a constant temperature of 68 degrees in the center. TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: January 9, 2013 3 - -,,�a` AiVXtZf+7 SUBJECT: Quarter ending December 31, 2012 Investment Report City of Kenai Investment Portfolio At December 31, 2012 the City had investments with a market value of $18,143,835 that is up from $16,462,283 at September 30, 2012. Third calendar quarter sales tax and annual property tax receipts are responsible for the increase in the portfolios size. The City's portfolio is yielding 0.40% that is up from 0.39% at September 30, 2012. Market interest rates continue at historic lows. rr• .; US Agency Securities $ 8,500,690 AML Investment Pool 309,343 Wells Fargo Money Market 4,918,202 FDIC Insured Certificates of Deposit 3,435,508 Bank Balance 980.092 Total $18 .143.835 Permanent Fund Investments Fourth quarter 2012 saw volatility in the market and some recovery from third quarter losses with the quarter ending performance yielding 2.05 %. Talks of the "Fiscal Cliff' contributed greatly to the quarters volatility. Since inception the portfolio has returned 10.09% and in the last year the portfolio has returned 11.98 %. As of June 30, 2012 the portfolio value was $23,539,765, comprised of $20,982,078 (89.13 %) Airport Land Sale Permanent Fund and $2,557,687 (10.87 %) General Land Sale Permanent Fund monies. With the Airport Land Sale Permanent Fund's year ending balance of $22,258,484 the allowable transfer to airport operations for FY2013 will be $1,031,773. The FY2013 budgeted amount was $1,033,243 meaning the actual will be $1,470 less than projected. The General Land Sale Permanent Fund's year ending balance of $2,713,353 is a increase of $284,755 from the December 31, 2011 balance. The allowable transfer to the General Fund for operations is limited to the lesser of 5% of the funds year ending balance ($135,668) or the years actual earning ($284,755), the transfer to the General Fund for operations in FY2012 will be $135,668. The FY2013 budgeted amount for this transfer was $142,236 meaning the actual will be $6,568 less than projected. CITY OF KENAI Securities Maturities Less than 1 Year 2,000,360 Maturities 1 to 2 Years 3,004,740 Maturities Greater than 2 Years 3,495,590 Total Government Securities 8,500,690 Total Portfolio Investment Portfolio - Purchase Price $17,154,137 Investment Portfolio - Fair Value 06/30112 17,162,467 Fair Value Adjustment - 06/30/12 10,500 Fair Value Adjustment -12/31/12 1,275 Cummulative Change in Fair Value Averagel December 31, 2012 Portfolio Liquidity 1 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking $ 980,092 0.00% Wells Fargo Secured Money Market 4,918,202 0.01% FDIC Insured Certificates of Deposit 3,435,508 0.69% Alaska Municipal League Investment Pool 309.343 0.01% Total Cash & Cash Equivalents 9,643,145 0.25% Securities Maturities Less than 1 Year 2,000,360 Maturities 1 to 2 Years 3,004,740 Maturities Greater than 2 Years 3,495,590 Total Government Securities 8,500,690 Total Portfolio Investment Portfolio - Purchase Price $17,154,137 Investment Portfolio - Fair Value 06/30112 17,162,467 Fair Value Adjustment - 06/30/12 10,500 Fair Value Adjustment -12/31/12 1,275 Cummulative Change in Fair Value Averagel Portfolio Liquidity 1 $12M0,000 $8,000,000 $4,000,000 u $0 ' MaWdtyi -2y.rs �P011cy M'- m/Meximu YACtael Maturity over 2 years 30 %Maxim m CITY OF KENAI INVESTMENTS 12/31/2012 SECURITY CUSIP FHLMC 0.303/21/14 3134G3NS6 FNMA 1.01 3/28/17 Step 3114 1.15 %, (2,070.00) 3/151.35%,3/162.0% 3136FT5A3 FNMA 0.65 12/27/17 Step 12/14 0.75, 06130112 12/150.85, 6/161.0, 12/161.5, 6/17 3.0 3136G16W4 FNMA 0.5 1125/16 Step 1/13 1%,1114 DATE 1.25% 1/151.75% 3136FTC98 FNMA 0.75 311/17 Step 1 /131 %, 1114 1.25/, 1/152.00/, and 1/1630 BY cost or 999,771 1,003,020.00 1,000,950.00 (2,070.00) TOTAL 4,918,202.02 8,496,416.39 06130112 12131112 Unrealized Gain Accrued EFFECT. DATE DATE original cost Market Value Market Value or Loss 02005QD67 Interest RATE BURCH. DUE 2,996,360 2,998,620.00 3,004,740.00 6,120.00 244,642.30 0.370 7/26/2011 3/21/2014 1,000,286 1,006,080.00 999,260.00 (6,820.00) 1,212.75 1.040 4/26/2012 3/28/2017 1,500,000 1,500,000,00 1,495,380.00 (4,620.00) 06425HU46 0.650 12/27/2012 12/27/2017 2,000,000 2,000,40000 2,000,360.00 (40.00) 245,000.00 0.500 7/26/2011 1/25/2016 1.25/, 1/152.00/, and 1/1630 3136FTW70 999,771 1,003,020.00 1,000,950.00 (2,070.00) TOTAL 4,918,202.02 8,496,416.39 8,508,120 8,500,690.00 (7,430.00) FDIC Insured CD's 309,34236 309,342.56 309,342.56 - 0.010 0.75 Ally Bank UT 5 /2/14 02005QD67 - 245,000 244,654.55 245,730.10 1,075.55 0.50 Apple Bank Savings 5123114 037830KZ8 245,000 244,642.30 245,823.20 1,180.90 0.70 BMW Bank of NA 5116114 05568PW60 245,000 244,389.95 245,602.70 1,212.75 0.45 BOBIN 12/27/13 060624VA8 245,000 245,000.00 244,652.10 (347.90) 0.60 Bank of China NY 5!23114 06425HU46 245,000 244,458.55 245,686.00 1,227.45 0.55 BSVBK 12/11113 07370VTP3 245,000 245,000.00 244,931.40 (68.60) 0.75 Discover Bank 5/9/14 254671AQ3 245,000 244,S90.85 245,715.40 1,124.55 0.90 FBP 8124/14 33764JKG9 245,000 245,000.00 245,401.80 401.80 0.75 GE Capital 4 /14/14 36157QBK2 245,096 244,767.25 245,732.55 965.30 0.75 Goldman Sachs 5/9/14 38143ASDB 245,000 244,590.85 245,715.40 1,124.55 0.70 SAFRA 5 /5/14 78658OL40 245,000 244,627.60 245,725.20 1,097.60 0.90 SALLMA 8 /29/14 795450PB5 245,000 245,000.00 245,144.55 144.55 0.8 SBIIN 11121/14 8562841-56 245,081 245,08055 245,019.60 (60.95) 0.50 SNV 12/29/14 87164DCC2 245,000 245,000.00 24,627.60 (372.40) 0.775 7/26/2011 3/1/2017 0.640 0.750 5/2/2012 5/2/2014 0.500 5/23/2012 5/23/2014 0.700 5/16/2012 5/16/2014 0.450 12/28/2012 12/27/2013 0.600 5/23/2012 5/23/2014 0.550 12/12/2012 12/11/2013 0.750 5/9/2012 5/9/2014 0.900 8/29/2012 8/29/2014 0350 5/2/2012 4/14/2014 0.750 5/9/2012 5/14/2014 0.700 5/3/2012 5/5/2014 0.900 8/29/2012 8/29/2014 0.800 12/6/2012 11/21/2014 0.500 12/28/2012 12/29/2014 TOTAL FDIC Insured CD's 3,430,176 3,426,802 3,435,508 8,705 0.686 WELLS MONEY MKT 4,918,202.02 4,918,202.02 4,918,202.02 - 0.010 AML POOL - City ACCT 309,34236 309,342.56 309,342.56 - 0.010 AML POOL - Library Bonds - - - - - 0.010 Library Bond CD's 0.450 17,154,137.17 17,162,467.03 17,163,742.18 1,275.15 - WF Cash 980,092.44 980,092.44 980,092.44 0.000 TOTAL 18.134,230 18.7.42._ 55,4.7 18,143.834.42 - 1.275.15 TOTAL CURRENT YIELD 0.40% Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 5,443,150.39 0.80% 3,495,590 1,947,560.39 OK Liquidity 20% Minimum 3,628,766.92 0.15% 8,697,581 (5,068,813.60) OK Maturity l -2 years 0.54% 5.950,664 0.40 % 18 143 R35 Fixed Income Cash & Cash Equivalents Wells Fargo Secured Money Market Total Cash is Cash Equivalents Government & Corporate Securities Government Securities Corporate Securities Total Government & Corporate S inuckes Total Fixed Income Equities Domeshe Equities Standard & Poor's 500 Index Standard & Poor's 600 Small -Cap Index Standard & Poor's 400 Mid -Cap Index Total Domestic Equ,nes International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF I otal Real Estate Total Equines Total Portfolio 76.00% 50.00% 2500% 000% 11 -tll-s- eu,MeNx 10e1110 brrnLsi 6 1e1.r a Pevfio Imlu 9mnIIFmINm Mltl4eplrgev Eii MrcMYEiF I 0 CPr,e,F rlbllo sort" irfo LPO11Mlo",in mnvYmum POvvoV hht CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY Oecember 31, 2012 Current or Current Fair Market Value Average Portfolio Target Portfolio 31- Dec -t1 31 -101ar12 30 -Jun -12 30- Sep -12 31- Dec -12 Yield Weight Weight Maximum 451,284 580,912 829,690 444,616 162,784 0.07% 1.93% 451,284 580,912 829,690 444,616 162,784 5,317,558 5,181,890 3,937,076 4,91V610 4,681,282 0.78% 2277% 4,080,614 4,605,676 4,654,762 4,990,511 5,745,959 1.45% 1]48% 9.398,172 9,787,566 8,591,838 9,901,121 10,427,241 L06n6 9,849,456 10,368,478 9,421,528 10,345,737 10,590,025 1.03% 42.18% 45.00% 65.00% 5,710,752 5,539,043 5,381,036 4,924,206 4,905,799 2448% 20,00% 25.00% 1,056,533 1,180,439 1,133,414 1,192,196 1,208129 452% 5.00% 10.00% 2,079,073 2,600,358 2,468,007 2,586,205 2,665,354 8.90% 10.00% 15.00% 8,846,358 9,319,840 8,982.457 8,702,607 6,779,282 3790% 35.00% 50.00% 2,259,483 2,510,291 2,328,824 2,425,459 2,598,811 9.68% 10.00% 15.00% 1,369,064 1,797658 1,651,265 1,725,289 1,841,494 5.86% 500, 01 00.4 3,628.547 4,307,949 3,980.089 4,150,748 4,440,305 15.54% 15.00% 25.00% 1,024,454 1 4124.250 1,155690 114754 1,162,225 4.38% 5.00, 10.00% 1,024454 1,124,250 1,155,690 1,147,549 1,162225 4.38% 500% 01 00% 13,499,359 14,752,039 14,118,236 14,000,904 14,381,812 23,348,815 25,120,517 23,539,764 24,346,641 24,971,837 11 g8% 10000% 10000% 15000% Portfolio Composition Vwow+iREREI£ SUS C - AI NA BI F I NV ES-1-MT NT F11IN KING ALASKA [PERMAMENTEM January 9, 2013 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; sent via email MANAGEMENT Enclosed is our December report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. For 2012 the portfolio return was decent both on an absolute and relative basis. At month -end, the market value of the portfolio was $24,971,837. Based upon the composition of the portfolio at month -end, the annual cash flow would be $364,289, excluding dividends on the equity positions. Any questions call. Sincerely, t! 'fit Bert Wagnon Senior Vice - President t, Brandy Niclai, CFA VP, Portfolio Manager LL ❑ C L � Vnl N LL z� i � O � m@ J m m J 0 N z� i 0 + G O 661 c( m v v LU d \. uj Q L C Q Q N N C) N Z W M � e'1 lD ifl Yri Qll M _ C r m W^ n a v. m. V V d c LU M2 w uj., Cl o > <E cu t 66) O V 'S V s O O o Z t 6l.! is c r O O a�°s � �. o. a �. 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O O O <t : ti F Q N N N N M c To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 9, 2013 Subj ect: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water /sewer fund as of December 31, 2012. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales tax revenue only includes payments made to the City by the Borough through December. The fourth calendar quarter 2012 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of January or early February. State and Federal is below budget in all funds because of PERS aid. The State doesn't actually give us any money. Instead they make an `on- behalf payment to the pension system. Similarly we have not booked the expenditure for the PERS the State is covering, so the Non - Departmental department is way under budget. At year-end we will record revenue and expenditures for these items. Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2012 Original * Parks and Recreation & Culture 03 Visitor Center FY2012 FY2013 Amended YTD 94,995 51.80% 40 Library Actual Budget Budget Actual Variance 56.17% REVENUES 992.085 1,153,566 1,217,014 615.426 601.588 49.43% Appropriation of Fund Balance $ - $ 757,155 $ 757,155 $ - $ (757,155) 0.00% Taxes 9,215,441 9,601,265 9,601,265 5,050,289 (4,550,976) 52.60% Licenses /Permits and Ambulance 493,346 477,500 477,500 313,932 (163,568) 65.74% State /Federal 1,940,769 1,984,359 2,121,594 1,086,540 (1,035,054) 51.21% Dock /Multipurpose /Miscellaneous 158,480 170,000 171,500 107,854 (63,646) 62.89% Fines and Forfeitures 135,177 101,000 101,000 66,763 (34,237) 66.10% Interest and Miscellaneous 610,835 657,301 605,921 400,980 (204,941) 66,18% Transfers /Central Admin Fees 1,304,600 1,437736 1,437,736 641,200 (796,536) 44.60% Total Revenues 13,858,648 15,186,316 15,273,671 7,667,558 (7,606,113) 50.20% EXPENDITURES & TRANSFERS 63,000 120,000 120,000 120,000 - 0.00% General Government 139.819 138,319 138,319 50.424 87,895 63.55% 01 City Clerk $ 183,452 $ 241,660 $ 241,660 $ 109,831 $ 131,829 54.55% 11 Legislative 156,826 173,545 173,545 114,582 58,963 33.98% 12 Legal 265,157 315,694 315,694 144,555 171,139 54.21% 13 City Manager 360,611 375,941 379,019 180,653 198,366 52.34% 15 Finance 524,033 611,254 611,254 269,048 342,206 55.98% 16 Land Administration 17,457 33,509 33,509 3,461 30,048 89.67% 18 Non - Departmental 947,618 1,292,170 1,293,170 39,432 1,253,738 96.95% 19 Planning and Zoning 242,855 242,627 242,627 101,540 141,087 58.15% 20 Safety 3,596 9,771 9,771 1,505 8.266 84.60% Total General Government 2,701,605 3.296,171 3,300.249 964,607 2.335,642 70.77% Public Safety 21 Police 2,746,115 2,824,256 2,840,553 1,413,471 1,427,082 50.24% 22 Fire 2,651,721 2,759,646 2,759,646 1,237,880 1,521,766 55.14% 23 Communications 741,459 762,317 762,317 351,328 410,989 53.91% 29 Animal Control 302,673 341,579 341,579 143,429 198,150 58.01% Total Public Safety 6,441.968 6,687,798 6.704.095 3.146,108 3,557.987 53.07% Public Works 31 Public Works Administration 159,376 171,554 171,554 77,037 94,517 55.09% 32 Shop 593,118 641,778 641,778 265,980 375,798 58.56% 33 Streets 935,349 1,027,070 1,027,070 333,488 693,582 67.53% 34 Buildings 368,045 500,650 500,650 165,748 334,902 66.89% 35 Street Lighting 117,879 158,642 158,642 54,162 104,480 65.86% 36 Dock 160,548 167,112 167,112 78,201 88,911 53.20% Total Public Works 2.334,315 2.666,806 2.666.806 974.616 1,692,190 63.45% Parks and Recreation & Culture 03 Visitor Center 176,922 187,856 183,388 88,393 94,995 51.80% 40 Library 762,134 842,144 850,144 372,618 477,526 56.17% 45 Parks, Recreation & Beautification 992.085 1,153,566 1,217,014 615.426 601.588 49.43% Total Parks and Recreation & Culture 1,931.141 2,183,566 2,250,546 1.076.437 1,174,109 52.17% Total Operating Expenditures 13.409,029 14,834341 14.921,696 6,161,768 8,759,928 5871% Transfer to other funds Senior Citizen 119,666 93,656 93,656 46,828 46,828 50.00% Cemetery Improvements Capital Proj. 50,000 - - - - - Comprehensive Plan Project 17,470 - - - Library Expansion Capital Project 41,000 - - - - - Trails Construction Capital Project 100,000 - - - - - Central Heights Street Lighting Imp. - - - - - - Information Technology Capital Proj. 63,000 120,000 120,000 120,000 - 0.00% Debt Service 139.819 138,319 138,319 50.424 87,895 63.55% Total Transfer to other funds 530,955 351,975 351,975 217,252 134,723 38.28% Total Expenditures & Transfers 13,939.984 15,186,316 15. 273,671 6,379,020 8,894,651 58.24% Net Revenues over(under) Expenditures $ (81,336) $ $ $ 1,288,538 $ 1,288,538 * Note: The original budget includes outstanding encumbrances at 613012012. Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2012 Original Note: The original budget includes outstanding encumbrances at 6130(2012. FY2012 FY2013 Amended YTD Actual Budget Bu3 dget Actual Variance REVENUES Appropriation of Fund Balance $ - $ - $ - $ 224,004 $ 224,004 #DIVlO! State/Federal 57,730 70,595 70,595 - (70,595) 0.00% Interest, Leases &Fees 749,956 770,179 770,179 450,478 (319,701) 58.49% Terminal Revenues 609,523 592,873 592,873 310,934 (281,939) 52.45% Landing Fees 358,010 329,423 329,423 147,083 (182,340) 44.65°/ Transfers In 1,011,485 1,033,243 1,033,243 (1,033,243) 0.00% Total Revenues 2.786.704 2.796,313 2,796,313 1,132,499 (1,663,814) 40.50% EXPENDITURES & TRANSFERS Terminal Area $ 575,759 $ 585,484 $ 609,914 $ 235,715 $ 374,199 61.35% Airfield 1,551,142 1,578,641 1,578,916 680,235 898,681 56.92% Administration 274,984 298,884 334,510 137,723 196,787 58.83% Other Buildings & Areas 132,355 166,425 193,347 70,184 123,163 6310% Training Facility 41.373 70.000 42.750 8.642 34.108 79.78% Total Expenditures 2.575 613 2.699.434 2.759.437 1.132.499 1.626.938 58.96% Transfer to other funds Airport Improvement Capital Projects 45.442 #DIVIO! Total Transfer to other funds 45.442 #DIVl01 Total Expenditures & Transfers 2.621.055 2.699,434 2,759,437 1. 132.499 1.626,938 58.96°!0 Net Revenues over Expenditures $ 165,649 $ 96,879 $ 36,876 $ Note: The original budget includes outstanding encumbrances at 6130(2012. REVENUES Appropriation of Fund Balance State /Federal Water /Sewer Fees Penalty and Interest Interest and Miscellaneous Total Revenues EXPENDITURES & TRANSFERS Water Sewer Wastewater Treatment Plant Total Expenditures Transfer to other funds - Water & Sewer Capital Projects Total Transfer to other funds Total Expenditures & Transfers Net Revenues over Expenditures Quarterly General Fund Expenditure Report For Quarter Ended December 31, 2012 Original FY2012 FY2013 Actual Budget If $ 53,235 57,595 1,793,684 2,232,524 36,088 26,000 38,790 15,419 1.921,797 2.331,538 $ 676,868 $ 822,126 359,273 425,709 904,202 1.003.498 1,940,343 2.251,333 Amended Budget 57,595 2,232,524 26,000 15,419 2.331,536 $ 822,126 425,709 1,003.498 2.251,333 YTD Actual Variance - (57,595) 0.00% 1,111,523 (1,121,001) 49.79% 19,993 (6,007) 76.90% 664 (14,755) 4.31% 1,132,180 (1,199,358) 48.56% $ 282,956 $ 539,170 65.58% 190,963 234,746 55,14% 382,148 621.350 61.92% 856,067 1.395,266 61.98% 1.940.343 2.251,333 2.251,333 856.067 1,395,266 61.98% $ (18,546) $ 80,205 $ 80,205 $ 276,113 $ 2,594,624 * Note: The original budget includes outstanding encumbrances at 613 012 01 2. PUBLIC WORKS DIRECTOR r CAPITAL PROJECTS MANAGER rh f JANUARY 2013 MID -MONTH KENA \ ALASKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: January 9, 2013 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Streets Department performing snow removal and sanding operations. • R &M consultants contracted to conduct a Feasibility Study associated with potential dredging at the City Dock. • Hiring Temporary Mechanic for 2 months. • Developing Preventative Maintenance Plan for Building Maintenance department. • Working on FY2014 budget. Status of Projects: • New Maintenance Shop Design — 35% Schematic Design drawings received from Wolf Architecture. An amendment No. 1 to Wolf Architecture to provide 100% For Construction Bid Set drawings and Bidding Assistance and Construction Administration is en route. 65% design set of drawings expected from consultant February 1s` • Siemens Energy Audit — Project loan approved by AHFC on January 9th. • James Street / Scenic Overlook Paving — Project suspended for winter. • Municipal Park Improvements - Project suspended for winter. • Kenai Industrial Park — Next review set of drawings to be provided mid January. • Water Treatment Facility — Closeout of punch list issues in progress. New well transmission line and meter pit design under review. • Airport Automatic Door replacement - Project complete. Final closeout documentation has been processed. • Airport Way & Main Street Asphalt Upgrades - Design complete. To be bid in early 2013. • Central Heights Roadway Improvements - Waiting for electrical engineer to complete lighting design. Next review set of drawings to be provided mid January. • Vintage Point and Senior Center Siding - Wolf Architectural recommends full set of drawings and specifications in lieu of a minimal performance specification. Wolf to provide proposal this Friday, January 11`h • Parks and Recreation Tent Erection - To be bid in spring. u SUBJECT: Summary of 2012 Building Department Activity The following table shows building permit activity for 2012: Building Inspections Performed: 489 Plan Review Permit No. of Building i Fees Fees Type of Building Permit Permits Valuation Collected Collected Residential — New Housing Construction 31 $4,452,500 $5,315.73 $11,703.98 Residential — Additions & Alterations 24 439,656 629.22 2,075.36 Commercial — i New Construction 7 22,595,000 57,999.51 89,230.00 Commercial — Additions & Alterations 26 2,506,400 11,901.74 19,250.40 Mobile Home Permits 1 0.00 0.00 100.00 Multi- family — New 0 0.00 0.00 0.00 TOTAL 89 $29,993,556.00 $75,846.20 $122,359.74 Sign Permits 3 $65.00 Building Inspections Performed: 489 The following tables compare building permits issued in 2011 and 2012. The table shows the number of permits issued each quarter and their value. 2011 15 2 nd 3` 4` TOTAL [New sidential — Housinq 0 6 21 1 28 Residential — Additions & Alterations 6 12 14 4 36 Commercial — New Construction 0 9 1 4 14 Commercial — Additions & Alterations 3 7 4 6 20 Multi- family — New 0 0 0 I 0 0 Misc. Permits 0 1 1 4 6 TOTAL 9 35 41 19 104 $828,000 $6,963,831 $3,980,435 $661,500 $12,433,766 2012 1 s 2nd 3` 4 TOTAL Residential New Housing 4 10 14 3 31 Residential — Additions & Alterations 3 6 11 4 24 Commercial — New Construction 0 2 4 1 7 Commercial — Additions & Alterations 8 8 7 3 26 Multi- family — New 0 0 0 0 0 Misc. Permits 0 2 —2-2 TOTAL 15 28 36 13 92 $1,359,100 $4,031,900 $23,751,056 $851,500 $29,993,556 # III_ to O o I v u u u a v v c x x so 0 o m ® o 0 0 0 0 0 0 0 0 0 0 o c � E al m p `C U a li m C O. ® m O M Ni 69 69 vt .. 6q b9 ffi L v N If d it ® o m Vi M h C 07 �D V ffi YOr v"i h V VO+. � r m �D �g N Rd tea j �y iy N N U N 9 N U U C E E c E E E E E U U U CL U C U U U U � Ci H w 'per 0 h Y� W TA C p. in (rW�1 G 4 �' � G_ ❑ F,G � � U p., N N M (Y1 M M M C1 .G —1 d rn rn rn rn rn rn F- XJ Ln w e � v ® o 0 0 o O o 0 0 0 0 0 0 0 0 0 0 � .• S� � � r ,-. Vi M .. f5 s9 d N LL W V 00 o O O vt o o c oc O h h O ;c M W M --T o0 \O N O M O ®° Eii 69 K FL EA EH Vi O E E E E E E E 0 0 o Q o Q o c U U U CD 3 Cn M N O N CA o V c .� q v c .� W U C7 y b o ^o c m a CY ^.J a a Y N iL N ctl U P O N N O O C4 a U U i � T rn c o, c rn rn rn o, . rn rn o� a� a c� rn rn rn p o 0 0 0 o v� o 0 o rn O o R � b9 6N5 69 � 6�9 Vi O H9 Qi d LL .y G O O �^ L Vi a 4A M EH d: E� 49 Vi d y O o0 ry O O O C O O N N O V' O O dy C N M Vl Ch EH 69 69 cM FA �p fA (/j � d � � O .a W u W � p, N L4 O O a � ® O z z O O Q O O O z O z z z O v m o. O i v Q �n ... ... Q b h N Xk N h N N N N O V d a O x d _ u c �v� I v e Ce Lm--1 ! , LI a � p w � U U U U a U C4 x a x U x re x x x d en ® o c o 0 0 0 0 0 o c o 0 0 a o n o O 69 N E9 <H 6g d CD LL. .y M N rn f'� Vl N vl M O O v N N � O N O O O O e N O O V O O O N 01 O O C M iD .� 1p c0 OA .-i DA h l� W iD ay d 6A c9 �' 45 ,ti F2 vi .�^ cA v3 sA ss r y LL O O1 O O O O O1 O N C V3 h O n o0 W y vl b9 69 H3 d 69 O CL O O O O Z O 2 z O Z z O Z O O O x � x _? p, o o N ro 'c 'G C C= bq ti coq Q ei x ro v u u 3 F 3 13 ON N � N ti O robq 'CCp Abp U C c a"i CGC� c o 72 a N N N N N N N N N N N ry N N N N_ N O O O O O O O O O O O O O O O O 8 �^ 01 O 01 � Ot Ol F.1I 'OA i � C Q1 it °S Ol 1 Vf 01 �VM' Qv ICI R V Ot iOV dv V� D1 i�� � G p L �' V " V C d' �!� VV� �p� _�� ��_� M �� 1Lw J e ® O O O O O O O C O R m ai vj o viC v N N r-i 7 h W9 d d " LL E h V' h lD d 6<] fA 69 d �n M � V ss d ss d rs V v3 M vz 64 69 W sa 69 d V-] Hi 5A 69 Vi FL C O 4 ® O O O z z z z z z O z z z O z O ro 3 00 -6 T 3 v d M V N y U c � o c o di m a 14 .- M x rr o, a o`, a rn rn rn a rn o; a a 6 _ m u rn o �m v Ian � h goo rn o o Lm—J q ix u x m x u o o a x v a v ® O o 0 0 o ss O o c O o cs o c O O O h Cf N d d N vi O o0 y O O C O Vf v� O vi V1 LL w h h h O W O O L 69 m 69 N N N N 6�5 lip 0�1 6�9 � vi M d � 69 V3 EF3 49 59 G{3 FA E/3 N yt u c d � LL L O O V N O O O O op O V 00 p ja M V O O O O W 69 EH Ni 69 64 69 EA 69 � C � O C C � C Qv y c x 0 v o U C O 'O a y R w° 0 3 c 3 g c d o � G ❑ Q h h M N N V op h N h h E m d� U (G � N N N L rn rn rn i iG1 O� O1 i01 O� '01 rn � 01 01 �c1 � � N N v w 0 N 0 N f7 p U U U Q F a 0 F V TO: FROM: law, Rick Koch, City Manager Marilyn Kebschull, Planning Administration DATE: January 8, 2013 SUBJECT: Comprehensive Plan update Status The following provides an update on the Plan: • At the November 28'h work session, the Commission completed their review of the public comments on the Plan. The consultants have been busy incorporating changes into the document. • The Plan should be ready to provide to the Commission is mid- January. Administration anticipates the Commission will hold a public hearing on the Plan in February and pass a resolution recommending adoption of the Plan to Council. • When the updated Plan is received, the Plan will be uploaded to the City's web page and copies will be available in the Planning Department. i i S �S VSO `S ® 7d I S d� S�® I Obi �P a i 40 JCa V i%4�oa cm yJS I O dS �O S� ®P4 O' c oo co � P� c x cw � ed o �✓6, Planning Zoning Resolutions y TYPE OF PERMIT Resolution TYPE MEETING ACTION Number DATE Amend KMC 201203 14.20.145 Rec. Zone & 14.22.010 Land Use Table 2122/2012 Approved Conditional Use Permit 201222 Administration 8/8/2012 201204 14.22.010 Permit B &B's in Rao Zone 2/2212012 Approved Administration 201225 Assisted Living Facility 201205 Amend KMC 14.20.150 Cup requirements 2/22/2012 Approved Rob Nash, Riverside Administration (Molloy) 201219 Land Use Table 14.22.010 8/8/2012 Approved Administration Integrity Surveys Professional Office 201220 Definitions 14.20.320 8/22/2012 Approved 820 Set Net Dr. Administration 201238 201223 KMC 14.20.230 Home Occupation 8/8/2012 Approved Adminstration 1104 Mission Ave. Conditional Use Permit 201222 Assisted Living Facility 8/8/2012 Approved Clint Hall 701 N. Forest Dr. 201225 Assisted Living Facility 8/22/2012 Approved Rob Nash, Riverside 11823 Kenai Spur Hwy Assisted Living, LLC 201230 Integrity Surveys Professional Office 9/26/2012 Approved Scott Huff 820 Set Net Dr. 201238 Restaurant 11/14/2012 Approved Arthur Reyes Barbaza 1104 Mission Ave. Thursday, December 20, 2012 Page I of 4 Home Occupation Permit 201229 Massage Therapy 9/12/2012 Approved Christine Morin 1608 Tanaga Ave. Landscape /Site Plan 201235 Children's Art/Play Group 10/10/2012 Approved Jan Marquis 305 Linwood Ln. 201214 Impound Storage Yard 5/10/2012 Approved Charlie Rediski dba Rddi Towing 201218 Stanley Ford - Quick Lane 6/21/2012 Approved Coltan Underground 250 Airport Way Sprinklers 201221 Dena'ina Wellness Center 7/30/2012 Approved Klauder $ Company 508 Upland Street Architects 201234 Chairs Place Assisted Living Facility 10/4/2012 Approved Clint Hall 701 N. Forest Dr. Thursday, December 20, 2012 Page 2 of 4 TYPE, OFPERMIIT Resolution TYPE MEETING ACTION Numher DATE Preliminary Plat 201201 Poore Subdivision 2/8/2012 Approved Integrity Surveys 4300 Eagle Rock Dr, 201201 Poore Subdivision - Revised 3/14/2012 Approved Integrity Surveys 4300 Eagle Rock Dr. 201202 Section Line Easement Vacation -Kenai Landing Cottages SD 2/8/2012 Approved Integrity Surveys 2101 Bowpicker Lane 201202 Revised - Section Line Easement Vacation -Kenai Landing 3128/2012 Approved Cottages SD Integrity Surveys 201206 Kenai Industrial Air Park SD 212212012 Approved McLane Consulting Group 201207 Baron Park Subdivision 2012 Replat 3/28/2012 Approved Integrity Surveys 201208 R.M. Thompson SD 2012 Replat 3/14/2012 Approved Integrity Surveys 14639 Kenai Spur Hwy, 201211 McLennan Estates 4/25/2012 Approved Whitford Surveying 201212 Windhaven Estates Tappley Aden, 4125/2012 Approved Integrity Surveys 201213 Original Townsite of Kenai Smith Replat 4/25/2012 Approved Segesser Surveys 201215 Carl F. Ahlstrom SD 2012 Replat & Utility vacation 5/23/2012 Approved Integrity Surveys 201217 Baron Park 2012 Addition 6/27/2012 Approved Whitford Surveying Thursday, December 20, 2012 Page 3 of 4 TYPE OF PENT Resolution TYPE MEETING, ACTION Nuinher DATE 201224 Fresh Start SD 802012 Approved Integrity Surveys 202 IN Forest Dr. 201228 Stock SD 2012 Replat 9112/2012 Approved Integrity Surveys 201231 Sungate SD 2012 Addition 9/26/2012 Approved Integrity Survevs 201232 Youngblood- Warren SD Mckairnan Addn. 9/26/2012 Approved Terry Eastham 201233 Killen States 2012 Replat 10/10/2012 Approved Integrity Surveys 201236 Cinderella SD 2012 Replat 10124/2012 Approved Integrity Surveys 310 Princess St. Rezone T STI Development Variance 201209 CG & IL to CG Friendship Mission - Gordon 14639 Kenai Spur Hwy. Cowgill 201216 Education to light Industrial City of Kenai 201237 Restaurant - Building Permit Arthur Reyes Barbaza 1104 Mission Ave. 201210 Roof Sign (CMU Zone) Amy Jackman dba C -Cups 4198 Frontage Rd. Coffee 201227 Rear Setback Walter Martin 1003 Aliak Dr, 4/11/2012 Approved 6/27/2012 Approved 11/1412012 Approved 5/9/2012 Approved 9/12/2012 Approved Thursday, December 20, 2012 Page 4 of 4 did O O O O O O O O O O O O O O O O O O O ER bi O O O ,4 K N f9 M V s9 M tR M I} Y+ W C � � Y 3 ¢ m �°_n 76 of Y E c o N O 3� Q U m G N Y o o N u@ 0 [o Y O N O O M nq 1d J N J J J J O C9 J A A N N R N > > rn s c l m N U V N 9 tL C = a CI O 4 O � CC O1 m R y u N qqq� U U lr_ ti Q m Q > O tD U M M N O O N O O O O V M R rn rn W M M h h b W M M ^ N N O O O O O O O O O O O O O O O -ti y N N N N N N N N N N N N N N N v0 M N M v N M r N N N N Q Ty. rn h W rn O N M C t0 (O h W O� O h ro m m co m m m rn rn m m m m m o b. v v v v v v v v v v v v a c v h 3 U U 0. 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Y C °w Y Y Y p O Y Q s to s N t fA � N ❑ o � o V W > � Z l;J C7 yCl N O NO O O O P r r M O M rn rn N � } (p M M M � O M M O M 6> t0 M M M t0 to to m � 6Mi OJ � m M N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C (O 01 O N N N N N ip N N M V I� M y' N lD h N m O � rn rn rn m m m m m m m m m rn m rn m a v v m m m co v v v v m m m m m v m m m m m m m m m m m m m m m N N �1 4 O J �a C llq C Of (r m 0 o a 0 0 0 0 0 0 M N � K U 0� K m K U K U K U Q� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 6 0 0 0 � N O C\l OV � NM M fA Vi fA EA � V3 M yMy b N N M a E c U V v L o § # LL D U $O # cl Q O N ® K O .- N � � •- b O .-- M [O i� O O "O Gy d. 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N N _A b N N M a E c U V v � O .- N � � •- b O .-- M [O i� KI O) 10 YI Ol h � h to M Ol N N N N N N N N N N N N N N N 0 O p 0 0 r O O y N N N N N N N N N N N N N N N N ^1 m m m m m m m m rn m m rn m rn va V rn v m m v m v rn v rn v m rn m v m v m rn m v m v rn m v 0.i m m m m m m m m m m m m m m m m m m m m m m b N N M a E c U V v c �1 5 a m�N d V l V C 15 fi a 0 M m M O O�11f m CC O11� 0 0 O O O O O O O O O O O O O O O p O O O O p fA p O O p O f o O O O O p O O _o O O p O O O O 06 6 0 0 0 �D o 0 0 C � 0 M (fl U3 O M ` NP Y M O) fA O O LL m r C N N U N V ON N N J Q i J O O O C O c � O N O to O = O O a O a M m � y N m q m v N E � 0 O Q S N C o � 0 o N c N r N M a N C C C Q O O E _ O Q m _o d U J Q p O > o Q = `ma U) 0 v N o c � L LL m m m C a Y U V� M Q N m LL m M W r r N N U N V ON N N J Q i J O O O C O c � O N O N O = O O a O Q O O � x W N N �Il to m � Q `w c O w K o c m Q M M N m m rn rn N r r M N N V U N C � N O 0 N m a v c ro c Q c C m N — E m c w o Y J m U a K c oC m o O U u C = N EO T v 3 X W N J � O 41 (> c J M1 0) a m N O ti Z Y m Nm d Y M c 0 y N m q � rn N y � O O Q S N C R � 0 o N c N r M O) O c J N t[} O (O O � > _ O Q N N d U J Q J O O = U o � L N N N N M W r r N N O r N N N N N C O O O C O c � O N O N O = O O a O Q O O � x W N N �Il to m � Q `w c O w K o c m Q M M v 3 X W N J � O 41 (> c J M1 0) a m N O ti Z Y m Nm d Y v> co r m m o N co co �o co co r n r m m rn m m m m m v m v v v m m m m m m m m m m m rn m w m rn rn m ro N N N N N O V O O O N C M O) O N N t[} O (O O (D M CO M O N N O V N N N O O N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O h W W N N �Il to a- O N N N N Q M M N m m rn rn v> co r m m o N co co �o co co r n r m m rn m m m m m v m v v v m m m m m m m m m m m rn m w m rn rn m ro Public Notice US Army Corps of Engineers ® ® ,..._........,.___- _____, Alaska District .`f`y.,VE D for Perm201 Regulatory Division (1145) CEPOA -RD g "a .i s� f^m^^ir CIE'�'RN Post Office Box 6898 JEER, Alaska. 99506 -0898 PUBLIC NOTICE DATE: December 4, 2012 EXPIRATION DATE: January 4, 2013 REFERENCE NUMBER: POA -2006 -312 WATERWAY: Cook Inlet Interested parties are hereby notified that a Department of the Army permit application has been received for work in waters of the United States as described below and shown on the enclosed project drawings. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Heather Boyer at (907) 753 -2877, toll free from within Alaska at (800) 478 -2712, by fax at (907) 753 -5567, or by email at heather. l.boyer @usace.army.mil if further information is desired concerning this notice. APPLICANT: Furie Operating Alaska, LLC, 1029 West 3`d Avenue, Suite 500, Anchorage, Alaska 99501, 907 - 277 -3726 AGENT: Steel Rives LLP, Ms. Ramona Monroe, 510 L Street, Suite 500, Anchorage, Alaska 99501, 907 -263 -8445. LOCATION: Approximate geographic coordinates of the project structures are provided below. Although Furie plans to erect the Kitchen Lights KLU Pla *_form A over the existing Unit KLU Well #1, the actual location would depend on construction limitations, would be within approximately 1,000 feet of the location described herein, and would be determined by post - installation as -built survey. Offshore Production KLU Platform A: Section 25, T.10 N., R. 11 W., 60.9344 0N, 151.1517 °W Onshore Production Facility: Section 35, T. 8 N., R. 12 W., 60.7358 °N, 151.3306 °W Marine Gathering Pipelines: Section varies with location, T. 8 N., 9 N., and 10 N., R. 11 W. and 12 W. PURPOSE: The applicant's stated purpose is the installation, operation, and maintenance of a platform structure for the long -term production of natural gas from the Kitchen Lights Unit Well #1 reservoir area, transport of natural gas to an onshore production facility, and transport to C;:GGS to bring natural gas to energy suppliers. PROPOSED WORK: The applicant proposes to install and operate an offshore natural gas platform and two marine gathering pipelines in Upper Cook Inlet, Alaska. In addition, the applicant proposes to construct an onshore production facility and an onshore tie -in pipeline in the area of Nikiski, Alaska to support natural gas production operations. There are four major structural activities to the proposed project with both permanent and temporary structures to be situated both onshore and offshore, as follows: 1) Natural gas production platform (permanent offshore structure) 2) Jack -up drilling rig and /or platform rig for well support and intervention (temporary offshore structures) 3) Natural gas marine gathering pipelines and onshore tie -in pipeline (permanent offshore and onshore structures, respectively) 4) Natural gas production facility (permanent onshore structure) Natural Gas Production Platform Design KLU Platform A would have the following approximate structural dimensions (Sheet 2 of 9 and Sheet 3 of 9): 64.5 -foot x 72 -foot production deck and main deck • 30 -foot x 72 -foot living quarters and helicopter deck extending from one side of the platform e 100 -foot boom crane e 18 -foot diameter caisson designed to sit vertically in the water to reach approximately 62 feet above Mean Sea Level • At the base of the caisson, there are eight 51 -inch diameter skirt pile sleeves for 42 -inch diameter piles with grouted annuli. Natural Gas Production Platform Installation and Activities The pre - fabricated platform, deck, and components would be shipped to one of three ports (Homer, Nikiski, or Anchorage) from an out -of -state fabrication center. Two tug barges will "wet tow" the lower portion of the platform (including the caisson) to the project_ site. The platform would be submerged through a controlled process so that it is positioned vertically in the vicinity of the existing Kitchen Lights Unit (KLU) Well #1 location, using a derrick barge to support the installation process. To secure the platform, the derrick barge would drive eight support piles (the platform support footing) . An impact driver would drive each pile to a depth of approximately 120 feet below the seafloor, and the piles would be filled with grout. Alternately, holes for the piles may be pre - drilled and the piles lowered into place and grouted. The derrick barge would install the deck pieces once the platform support footing is secured. The structure would be finalized by completing all connections, piping, and other service units among the deck pieces. Jack -up Drilling Rig and /or Platform Rig Desi n The Spartan 151 Jack-up drilling rig (jack -up rig), or a similar rig, would be used for drilling activities. Spartan 151 is an A -1 self - elevating mobile drilling unit -2- with the following structural dimensions (Sheet 4 of 9 and Sheet 5 of 9): ® Three triangular truss -type legs, 250 -feet long ® One triangular shaped main deck, approximately 162 -foot x 174 -foot maximum length and width ® Cantilever drilling derrick extending 58 feet from one end of the main deck to a height of 1.47 feet ® Helicopter landing deck extending 62 feel: from the other end of the main deck ® Two boom cranes at heights of 100 and 120 feet A temporary platform rig may be employed for some well completion and maintenance activities as a supplement to the jack -up rig activities. The platform rig is a smaller drilling rig that would sit directly on top of KLU Platform A instead of creating its own footprint on the sea.floor. Structural details of the platform rig are yet to be determined. Jack -up Drilling Ri.q and /or Platform Riq Installation and Activities After KLU Platform A installation is complete, drilling operations would begin. The production wells would be drilled using the jack -up rig (or similar) cantilevered over the platform. The jack -up rig would be temporarily located onsite to perform the production- related drilling activities and then demobilize upon completion. The platform rig (if used) would be barged to the KLU Well $1 reservoir area, raised onto KLU Platform A with the platform crane, and left in place during well completion and maintenance activities. At completion of drilling activities at KLU Platform A, the platform rig would be barged to another offshore platform site, onshore drilling site, or demobilized for storage onshore. Marine Gathering Pipelines and Onshore Tie -in Pipeline Design The marine gathering pipelines would run from the production platform to the onshore production facility, following the existing Cook Inlet Gas Gathering System ( CIGGS) corridor, operated by Marathon Pipeline Company. The proposed pipeline would have the following structural design (Sheet 6 of 9 and Sheet 7 of 9): • Two concrete coated steel pipelines of approximately 10 -inch diameter (Sheet 6 of 9) • If necessary, vibration dampers would be installed beneath the lines along the aboveground section. • Onshore and above sea level, pipeline sections would be insulated, and a sheet metal jacket may be used to protect the insulated lines. A single subsurface 10 -inch to 12 -inch tie -in pipeline would carry processed natural gas from the onshore production facility to tie into the CIGGS East Foreland Facility owned cooperatively by Hilcorp and Marathon Oil Corporation (Sheet 8 of 9). This tie -in pipeline is in a preliminary design stage, and subject to design changes. Marine Gathering Pipelines and Onshore Tie -in Pipeline Installation and Activities At the onshore production facility, the pipeline would exit the structure to run aboveground for approximately 52 feet and then would enter the ground at approximately 25 feet from the northern property boundary and approximately 630 feet from mean high water to run below the coastal bluff and emerge onto the seabed floor (Sheet 7 of 9). Horizontal directional drilling would be used to create a subsurface corridor beneath the bluff to approximately 2,500 feet beyond the -3- intertidal zone. Installation of the marine gathering pipeline would begin by pulling the pipe through the subsurface corridor from two offshore barges. Beyond the intertidal zone, each new segment of concrete - encased pipe would be welded to the pipeline on a lay barge and allowed to settle onto the seafloor. Flanged sections would be attached by divers to connect the marine gathering pipelines to the platform structure. The onshore tie -in pipeline would connect to CIGGS approximately 800 feet west of the onshore property (Sheet 8 of 9). Natural Gas Production Facility Design The proposed onshore production facility would be located southwest of the proposed KLU Platform A; approximately 630 feet from mean high water of Cook Inlet on currently undeveloped land (Sheet 9 of 9) . Under the current preliminary design, approximately 6 acres of fill /excavation is anticipated from the facility and related infrastructure. However, a total of about 8a.cres may be disturbed by construction - related activities including development of laydown areas and vegetation clearing for utility installation. An approximately 30 -foot wide access road would be extended from Rodney and Shelly's Avenue, heading east towards the onshore property. Natural Gas Production Facility Installation and Activities The facility and all related infrastructure would be constructed in upland areas without using fill in wetland areas. Nearby wetlands would be flagged and avoided (Sheet 9 of 9) . Vessels containing process liquids would be contained with curbed concrete foundations to prevent runoff and drainage. All work would be performed in accordance with the enclosed plan (sheets 1 -9), dated November 15, 2012. ADDITIONAL INFORMATION: A permit was issued to Furie Operating Alaska, LLC on November 13, 2006 for exploratory gas wells in the Kitchen Lights Unit. APPLICANT PROPOSED MITIGATION: The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material. a. Avoidance: No discharge of dredged or fill material is proposed. There is a nearby emergent wetland that would be flagged and completely avoided (shown on sheet 8 of 9). CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Commander at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: The project area is within the known . or historic range of the -4- Cook Inlet beluga whale (Delphinapterus leucas) and its designated critical habitat, and Steller sea lion (Eumetopias jubatus) and it's designated critical habitat. Both species are listed as endangered. We have determined the described activity may affect the Cook Inlet beluga whale, beluga whale designated critical habitat, and Steller sea lion. We will initiate the appropriate consultation procedures under section 7 of the Endangered Species Act with the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The Magnuson- Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The project area is within the known range of Chinook salmon (Oncorhynchus tshawytscha) , chum salmon (Oncorhynchus keta) , Coho salmon (Oncorhynchus kisutch) , sockeye salmon (Oncorhynchus nerka) , and pink salmon (Oncorhynchus gorbuscha) . We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson - Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work. TRIBAL CONSULTATION: The Alaska District fully supports tribal self - governance and government -to- government relations between Federally recognized Tribes and the Federal government. Tribes with protected rights or resources that could be significantly affected by a proposed Federal action (e.g., a permit decision) have the right to consult with the Alaska District on a government -to- government basis. Views of each Tribe regarding protected rights and resources will be accorded due consideration in this process. This Public Notice serves as notification to the Tribes within the area potentially affected by the proposed work and invites their participation in the Federal decision - making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Commander during the public comment period. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, reasons for holding a public :nearing. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. The outcome of the general balancing process would determine whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur. The decision should reflect the national concern for both protection and utilization of important resources. All factors, which may be relevant to the proposal, must be considered including -5- the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b) (1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Commander determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and "Harbors Act 1-899 (33 U.S.C. 403). Project drawings are enclosed with this Public Notice Enclosures District Commander U.S. Army, Corps of Engineers -6- IN V, Ih J Stedi. Hl' ay V, 'Project cation ,C Inlet J Kitchen Lights Unit CIGGS Pipeline All Locators Are Approximate KLU*1 Proposed Pipeline 0 5 10 15 20 Proposed Onshore Facility Major Roads We. NAD 1983 Stal Alaska 4, Feet N FUrie Operating Alaska LLC POA-2006-312 Cook Inlet November 15, 2012 A)- Sheet 1 of 9 T lslan -C-6ok-ln,'Iet - lam G I h 'Project cation ,C Inlet J Kitchen Lights Unit CIGGS Pipeline All Locators Are Approximate KLU*1 Proposed Pipeline 0 5 10 15 20 Proposed Onshore Facility Major Roads We. NAD 1983 Stal Alaska 4, Feet N FUrie Operating Alaska LLC POA-2006-312 Cook Inlet November 15, 2012 A)- Sheet 1 of 9 90 z aaags SZ aaguwar om gaZul xooO LE- 9002 -KOd eaadO atzng �— "Mu0l} w]opeld uulaongOad•, ® kmt r rp , 11 r 1?d Q"'-- wooeu�an b w2w A� ,m u L I 6,V-6" Production Platform Elevation View Elovetion LoaMng west Furie operating Alaska LLC POA- 2006 -312 Cook Inlet November 15, 2012 Sheet 3 of 9 0 1 � �� � A 30 b 2aaus ;Z zagmaAON I gaTul xoop £- 906Z -Kpd �Moi uon ad nNwna c ?aadp aT_sng , wao�. nn3NOUisod n O!adn- re NoavooI G nnafn veld 61?I do -�aep .... ci 0 I MOB= f- H11M 3Ntle0 le0dpNly rl A. ®U U v El p 0 El,� ❑ -- , � Flo I 13 I ww i xo I ys N" Y N' m. yr z C) NtU t*3 W Cd I N tD I r` e a r 6 30 6 IONS ztOZ `96 aagwOAON Plus WOO Z6£ -Zb E-VOd J DIAMETER APPROXIMATELY 10" F' APPROXIMATELY 10" DIAMETER STEEL PIPE err N Proposed Marine Gathering t�(1p ik<Nross Section View Furie Operating Alaska LLC POA- 2012 -312 Cook Inlet November 15, 2012 Sheet 6 of 9 6 10 L IaaLIS `60Z `S6 aagWGAON lalul Y1000 Z 6E-Z 60Z-HOd ?IV 6ugejadp aund S3NIl3dld03SOdOdd .d 8t 1lN O3SOdoud 0 C o m p `R ro U 'J`O W Wqq x �p L gRg� n� m ./QO t/\/\ 60 i U :t d a a a 6 NOUOOOOHd I F 03SOd06d A OVA NOIl0000tdd 03SOdOHd 01 Y31VM H01H NV3N NOW ld 0£9 Al31VYlIXOJ8dtl Sheet 8 of 9 /1 is /i /i IMkishka Bay It Y,yo° K JA; peel{ j PP;:.f.073P r Pr� etl iietn Pipeline Raute /zCIGGS East', yAppmx;materys3o swFOreiandFacility c pom Facility to i / Mean High Mier }y� 'P+IALLH,INCY C. f4t JJ h' ' X y� PYOposedRCad Extension ___ _____ ____ F Red ney and Shellys Are N j E " RJIZ -iNDA LIE - MART(4TUACA 7 i i »,.....�,,... ............... ..:.. .,....___.. ..�,u.�., ....... __.. VLjE7 MARY Y b: rt.4CA ._._..__...__ - Propped Access Road Approximate Location of Onshore �v' Production Facility COnponents All LOCations Are Approximate �Pf0) Loeation Cook Inlets eno�u _ proposed Tie-In Pipeline Roote 0 Emergem WaJand(Jaded. 2012) 0 160 320 060 me - Proposed Marine Gathering Pipelines f >'CIGGS Fadpty LOCaYOn Feet yon.X — CIGGS Pipeline Production Facile Conceptual Pad Extent HAD 1983 Statelolane Alaska 4, Feet AV a— Mean High Water �-ra cvF production Facility Conceptual Cut and Fill Extent Parcel$ Z ® Appcaximate cIGGS Proposed Pipeline Tie -in Location Plan View s ho- InLOCatian Furie Operating Alaska LLC j I ` \\ .1 y� W. �r N POA -2012 -312 Cook Inlet November 15, 2012 Sheet 8 of 9 -- Proposed Tit in Pipeline Route Emergent Wetland (Jawbs 2012) AN Locations Are Approximate -- Proposed Manna Gathering Pipelines Approximate Locffilon of Onandre 0 25 W 75 100 Ev Production Foolky Components • • Proposed Armes Road Production Facility Conceptual Pad Extent Feet r— Mean High water V' Production Facility Conceptual Cut and Fill Extent NAD 1983 StamPlane Alaska 4, Feet (� Parcels uction Facility Plan View Furie Operating Alaska LLC POA- 2012 -312 Cook Inlet November 15, 2012 Sheet 9 of 9 LU ry LL CD LO 0 C14 Lo LU it CD Lu I 0 m k \ \ \ \ / j ® ( \ } } \ ( � 5 5 \ \ \ U) ( \ ( 0 \ \ \ \ \ \ \ \ } \ \ \ » _ co 0 & ) s Cl) \ Ri \ j \ \ y ) L § E ) \ \ \ / \ \ ® \ j f \ \ \\ \ \ } LL z ) ( j § & \ \ » \ / / & \ } ) j \ ( \ \ ) ± \ \ \ ƒ § \ \§ \ E > (y ¥ 2 O§ 5 \ E } ( ( \ j \ z w ±g \ 0% ) \\ Cl) \ Ri \ j \ \ y ) L § E ) \ \ \ / \ \ ® \ j f \ \ \\ \ LL z ) ( j § & \ \ » L \ o \ CL S & \ } ) j / \ j \ Sponsored by: Council Member Molloy t& f CITY OF KENAI KENAIALA SKA SOLUTION NO. 2 113 -XX [D A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI SUPPORTING THE KENAI REIVER ESTUARY REIIABILPPATION PROJECT BETWEEN THE KENAI WILDLIFE VIEWING PLATFORM AND THE KENAI RIVER IN KENAI, ALASKA WHEREAS, with the approval and assistance of the City of Kenai, a public- private partnership developed the Kenai Wildlife Viewing Platform on City of Kenai property adjacent to Boat Launch Road in Kenai, Alaska, utilizing private donations and grants from the United States Fish and Wildlife Service and the Alaska Department of Fish and Game; and, WHEREAS, the Kenai Wildlife Viewing Platform was located on disturbed soil in order to minimize impacts to wildlife habitat at the Kenai River estuary; and, WHEREAS, the area between the Kenai Wildlife Viewing Platform and the Kenai River had been a roadbed in the past and since has been covered in river silt, and is an area of disturbed soil; and, WHEREAS, in 2010, with approval and assistance of the City of Kenai, and grants from the United States Fish and Wildlife Service, the Kenai Watershed Forum began restoration work on this area, but these efforts failed as the high tides of Upper Cook Inlet periodically cover this area, compacting the soil into a hardened surface, and also the increased use of this area to access the Personal Use Dip Net Fishery further degraded restoration efforts, even with fencing and directional signage; and, WHEREAS, the Kenai Watershed Forum proposes the Kenai River Estuary Rehabilitation Project, a _project that seeks a successful rehabilitation of the disturbed area between the Kenai Wildlife Viewing Platform and the Kenai River to include revegetation and /or the construction of a tidal pond, with Phase 1 being design, survey, and applications for permits by permitting agencies, and with Phase 2 being revegetation and /or pond construction, and with project funding being private donations and grants from the Alaska Department of Fish and Game and the United States Fish and Wildlife Service; and, WHEREAS the City of Kenai's support is necessary for applications for permits with permitting agencies, and will enhance the Kenai Watershed Forum's and its partners solicitation of private donations and applications for grants; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Kenai Watershed Forum's Kenai River Estuary Rehabilitation Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of February, 2013. Resolution No. 2013 -XX [Draft] Page 2 PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk NOTICE OF M JANUARY 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. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. 2. Ordinance No. 2671 -2013 — Increasing Estimated Revenues and Appropriations by $2,933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. 3. Ordinance No. 2672 -2013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. 4. Ordinance No. 2673 -2013 — Increasing Estimated Revenues and Appropriations by $10,350 in the General Fund — Shop Department to Fund a Temporary Mechanic Position to Last Not More Than Two Months. 5. Resolution No. 2013 -02 — Supporting Legislative Efforts to Construct a Natural Gas Pipeline From the North Slope to South Central Alaska, 6. Resolution No. 2013 -03 — Directing the City Manager to Write the Commissioner of the Alaska Department of Fish and Game on Behalf of the City Requesting That the Personal Use Fishery Not Be Expanded Past the Traditional Eighteen Hour Daily Opening. 7. Resolution No. 2013 -04 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. 8. Resolution No. 2013 -05 — Rescinding Resolution 2006 -24 Which Expressed an Intent to Donate Up to 25 Acres of a 77 Acre Parcel Near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection Upon Certain Conditions. 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. Co�rene Hall, CIVIC Deputy City Clerk Posted: January 11, 2013 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. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. 2. Ordinance No. 2671 -2013 — Increasing Estimated Revenues and Appropriations by $2,933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. 3. Ordinance No. 2672 -2013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. 4. Ordinance No. 2673 -2013 — Increasing Estimated Revenues and Appropriations by $10,350 in the General Fund — Shop Department to Fund a Temporary Mechanic Position to Last Not More Than Two Months. 5. Resolution No. 2013 -02 — Supporting Legislative Efforts to Construct a Natural Gas Pipeline From the North Slope to South Central Alaska. 6. Resolution No. 2013 -03 — Directing the City Manager to Write the Commissioner of the Alaska Department of Fish and Game on Behalf of the City Requesting That the Personal Use Fishery Not Be Expanded Past the Traditional Eighteen Hour Daily Opening. Resolution No. 2013 -04 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. 8. Resolution No. 2013 -05 — Rescinding Resolution 2006 -24 Which Expressed an Intent to Donate Up to 25 Acres of a 77 Acre Parcel Near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection Upon Certain Conditions. 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: January 17, 2013 w 0 o' o x w o D C r A as <• y N ro bJ Iv a �• O a a ? ° a Do CA q o M a G_ 3+ p m i�l < ❑ m ° C� n w CD 0 F c °°� <' °' z C c°o o a E ry a co y It CL y O r z H ti7 d y "17 �r N N cn �m �Z3r 7C �-TS w - A N A W NCO +T W N +m W V W O) A W N r O O m D N N< N m x G S N . V y y C+ N n J °-'m vm DD�0 zroo� ; x z me m o m mo�j 'pm a�mDOTDOODOJ Oa C�zol�D 30 �22Q'�pm K 00 mOo° m 093 a m O m o o c m gmon ngm> >�mcz�m raomz�omi -xo w��mv 3wya�av a1.{i °c d� °o am oaomi mo rn xr X33 w-M` 3 _QOZmcN$393 }0 mA-- °-_m° =o �o'o »m a- U1 O'000 cmcn m lO ICm Son oms o o� 03 °'o�mo Jyof x[ Zn3.mr MMO-. n N 0w.. = J O ti m .J. •2 m2 OC�.� z0 mO�mo OO�0S2<sJ o p' a J JJm.zmq?4. ic'c -1 m^sm -dm 3.�0cHmam wam dam mm c J O. 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