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HomeMy WebLinkAbout2013-02-06 Council PacketA: 3 Council + Datee il packets !. Student f' . Schmidt KSRM 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) 1. Ken Coleman, Upper Cook Inlet Task Force — East Side Setnet Presentation C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) Ordinance No. 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) .......................... ............................... Pg. 5 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 byan Interested Party ............................................................... ............................... Pg. 9 i41M,1111 �; 1. *Work Session Notes of January 16, 2013 (Investment Report) ... ............................... Pg. 13 2. *Regular Meeting of January 16, 2013_ ........................................................... ....... - Pg. 15 3. *Work Session Notes of January 22, 2013 (Proposed Estuary Rehabilitation Project) ...................................................................................... ............................... Pg. 25 yt�l.1 I.I6y;141 :1111,6304* -Mil AT G. NEW BUSINESS 1. Action /Approval —Bills to be Ratified.. . ............ ...................................................... Pg. 27 2. Action /Approval — Non- Objection of Liquor License Renewal for the Peninsula Moose Lodge #1942, License No. 2494 .................................... ............................... Pg. 29 3. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 1A, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility" to "Freight Facility and Fuel Operations and Airport Support Operations."... Pg. 35 4. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 2A1, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility' to "Freight Facility and Parking and Storage... ............... ............................... Pg. 35 5. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Alaskalanes, Inc. for Lot 3A, Spur Subdivision No. 1, 1983 Addition, Amending the Lease to Provide for Redetermination of the Rent, Amending the Rent Rate Adjustment Cycle, and Allowing for a Payment Schedule that Deviates from the Terms of the Lease. ..................................... ........................ _ ................... Pg. 43 6. Action /Approval — Mayoral Nomination and Council Confirmation of Melody Niichel to the Library Commission ............................................. ............................... Pg. 49 7. *Ordinance No. 2676 -2013 — Increasing Estimated Revenues and Appropriations by $3,260 in the General Fund for Police Forensic Software Reimbursements from Internet Crimes Against Children ( ICAO) ............................... Pg. 51 8. *Ordinance No. 2677 -2013 — Increasing Estimated Revenues and Appropriations by $15,000 in the Council on Aging Special Revenue Fund for the Purchase of Radios to Become Compliant with Federal Communications Commission Regulations Regarding Narrow Band Radio Frequencies.. ................... Pg. 53 9. *Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund...... Pg. 57 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging ....................................................................... ............................... Pg. 59 2. Airport Commission ................................................................... ............................... Pg. 63 3. Harbor Commission ................................................................... ............................... Pg. 67 4. Library Commission ................................................................... ............................... Pg. 69 5. Parks and Recreation Commission 6. Planning and Zoning Commission ............................................. ............................... Pg. 71 7. Beautification Committee ........................................................... ............................... Pg. 77 8, Mini -Grant Steering Committee 1. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ............................................................................. ............................... Pg. 81 2. City Attorney 3. City Clerk City of Kenai Council Meeting Agenda Page 2 of 3 February 6, 2013 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — 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 Decision Appeal, 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.] 1 � q 1�71Ii3�17 IN ****************************************************** * ** * * *** * * * * * * * * * * * * * * * * * * * * * ** h n 1. Purchase Orders between $2,500 and $15,000 for Council Review.. ....................... Pg. 121 2. Gaming Permit Application Submitted to State of Alaska Department of Revenue by Alaska Hotel and Lodging Associates, Inc ............................ ............................... Pg. 123 3. Correspondence from the Division of Community and Regional Affairs Regarding FY 14 Population for the City of Kenai ....................................... ............................... Pg. 133 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 February 6, 2013 s Sponsored by: Council Iviember Bookey Council Member Marquis "n" � ", w � 0, , 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(bl to limit the disparity in treatment between employees eligible for retirement before and after June 30, 2005, when the opt -out prnviginn was get to expire and WHEREAS, eliminating the five year Iimitation 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] Page 5 of 134 Ordinance No. 2674 -2013 Page 2 of 2 25.40.080 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 emnloyee's category or class of emTIoyment has been exempted by amendment to the City's PERS Participation Agreement Amendment to the Citv's PERS Participation Agreement for the purpose of exempting a class or category of emplovees must be authorized by Resolution of the Citv Council. [(B) AN EMPLOYEE WHO PARTICIPATES IN THE OPT -OUT PROVISIONS OF AS 39.35.150(B)SHALI, 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 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 BRACTMTED] 0 � 01' � TO: Mayor Porter and Council Mtinbers Boyle; Gabriel, Molloy, and Navarre FROM: Council Members Terry Eookey 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 PERS, 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 ernployees' 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. THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 134 Suggested by: Legal Department a` ANT 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 pares to the Superior Court in Kenai, Alaska under 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. Page 9 of 134 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] Page 10 of 134 TO: Mayor Porter and Members of the City Council PROM: City Attorney, Scott Bloom, DATE: January It, 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. THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 134 NOTES Council present: Vice Mayor R. Marquis, R. Molloy, B. Gabriel, T. Navarre (entered meeting at 6p) T. Bookey (entered meeting at 6:23p) Others present: City Manager R. Koch, City Attorney S. Bloom, Finance Director T. Eubank, City Clerk S. Modigh, and Senior Vice President of Alaska Permanent Capital Management Company Bert Wagnon Vice Mayor Marquis began the work session at approximately 5:30 p.m. City Manager Koch provided introductions. Finance Director Eubanks and Mr. Wagnon reviewed the 2012 investment performance of the City's Land Sale Permanent Funds and provided recommendations for the establishment of the 2013 Land Sale Permanent Funds Allocation Plan. The Investment Review Report for period ending December 31, 2012 and City portfolio were reviewed and discussed. The work session was adjourned at 6:32 p.m. Notes prepared by: Sandra Modigh, CMC City Clerk Page 13 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 14 of 134 i •-r, A Regular Meeting of the Kenai City Council was held on January 16, 2013, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. Mayor Porter led those assembled in the Pledge of Allegiance. . -Urm l There were present: Pat Porter, Mayor Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. Also in attendance were: 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 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: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Page 15 of 134 Mayor Porter opened the floor for public comment, there being none public comment was closed. 1. Ordinance No. 2670 -2013 —Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. Council Member Molloy MOVED to approve Ordinance No. 2670 -2013 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Malloy expressed appreciation for the work session information relating to the ordinance. 1�1+3�i - YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: 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, Vice Mayor Marquis MOVED to approve Ordinance No. 2671 -2013 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. City of Kenai Council Meeting Minutes Page 2 of 10 January 16, 2013 Page 16 of 134 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: 3. Ordinance No. 26722013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. tt• •u Vice Mayor Marquis MOVED to approve Ordinance No. 2672 -2013 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. City Manager Koch presented a PowerPoint presentation on the explanation of unavoidable overtime. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: • ♦ • • 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. 1111[0:111 [•7ZA Vice Mayor Marquis MOVED to approve Ordinance No. 2673 -2013 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: City of Kenai Council Meeting Minutes Page 3 of 10 January 16, 2013 Page 17 of 134 5. Resolution No. 2013 -02 — Supporting Legislative Efforts to Construct a Natural Gas Pipeline From the North Slope to South Central Alaska. MOTION: Council Member Navarre MOVED to approve Resolution No. 2013 -02 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO AMEND. Council Member Navarre MOVED to amend the resolution and show support from the entire council by adding signatures of all members and Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend the last whereas by inserting "many of before "the necessary." Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: There being no objection, SO ORDERED. It was requested the Clerk send copies of the resolution to local legislators. 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. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2013 -03. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 4 of 10 January 16, 2013 Page 18 of 134 Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend the resolution and show support from the entire council by adding signatures of all members and Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: There being no objection, SO ORDERED. 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. 3 • Vice Mayor Marquis MOVED to approve Resolution No. 2013 -04 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. 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. r • v' Council Member Bookey MOVED to approve Resolution No. 2013 -05 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis inquired if there were other similar items that would be coming forward. City of Kenai Council Meeting Minutes Page 5 of 10 January 16, 2013 Page 19 of 134 City Manager Koch thanked the City Attorney for bringing the resolution forward and noted there could be one or two similar items. 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 Dip Net Report) Meeting minutes and work session notes were approved by the consent agenda. c Discussion /Action — Schedule Additional Work Session on Discussion of Management Alternatives for 2013 Kenai River Dip Net Fishery. A work session was scheduled for February 6, 2013 at 5:30 p.m. 1. Action /Approval — Bills to be Ratified IT[ *Ti IiU7Ra Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. Council Member Bookey MOVED to approve the Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis MOVED to postpone approval of the Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555 until the council had received a sub lease or transfer of lease to approve. Council Member Bookey SECONDED the motion. City of Kenai Council Meeting Minutes Page 6 of 10 January 16, 2013 Page 20 of 134 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: IT161041 I s # 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. 1710TRO13 Council Member Bookey MOVED to approve the 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 and requested UNANIMOUS CONSENT. Vice Mayor Marquis 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. 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. # Council Member Molloy MOVED to approve the 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 and requested UNANIMOUS CONSENT. Council Member Bookey 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, 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. Council Member Bookey MOVED to approve the Ninth Amendment to Lease between the City and Schilling Rentals, LLC for Lot 1A Block 4, General Aviation Apron as to City of Kenai Council Meeting Minutes Page 7 of 10 January 16, 2013 Page 21 of 134 Redetermination of the Rent and requested UNANIMOUS CONSENT. Council Member Gabriel 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. 1. *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). Ordinance No. 2674 -2012 was introduced by consent agenda and public hearing scheduled on February 6, 2011 2. *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. Ordinance No. 2675 -2012 was introduced by consent agenda and public hearing scheduled on February 6, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the council met on January 10 and discussed structure and duties with the City Manager and 2013 goals. 2. Airport Commission — Council Member Gabriel reported the commission met on January 10, discussed developing strategies for attracting more business and reviewed the final draft of the airport regulations. 3. Harbor Commission — Council Member Molloy reported the commission met on January 7, received information on the Board of Fisheries and worked on a resolution regarding a drift boat pullout on the lower river. 4. Library Commission — Council Member Boyle reported the commission did not meet due to lack of quorum. 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — Council Member Navarre reviewed the January 9 work session regarding Ordinance No. 2656 -2012 and noted the final draft of the Comprehensive Plan would be on the next meeting's agenda. 7. Beautification Committee — City Manager Koch noted he attended the January 8 meeting and the committee discussed structure and duties for the project he is working on with the City Attorney and City Clerk. City of Kenai Council Meeting Minutes Page 8 of 10 January 16, 2013 Page 22 of 134 8. Mini -Grant Steering Committee — Mayor Porter had no report. Mayor Porter reported on the Employee Appreciation Dinner on February 1 and suggested council members donate door prizes if they were interested. Porter also thanked Administration for the department's monthly reports. 1. City Manager — Koch noted the City Shop plans included in the packet and that he had been in telephone contact with new and returning legislators. 2, City Attorney — Bloom reported he was exploring the possibility of hiring a temporary employee to assist with a backlog of filing, 3. City Clerk — Modigh reminded Council of the work session on Estuary Rehabilitation on January 22, 2013. 1. Citizens Comments — None. r ..:. .u::n•a:. Navarre noted he preferred to see draft resolutions after work sessions rather than before. Gabriel thanked Administration for the presentation during the work session. Bookey had no comments. Marquis had no comments. Molloy noted the draft resolution was developed with the help of Robert Ruffner from the Watershed Forum and Safari International representing duck hunters. Boyle had no comments. L. EXECUTIVE SESSION — None. 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. City of Kenai Council Meeting Minutes Page 9 of 10 January 16, 2013 Page 23 of 134 [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.] There being no further business before the Council, the meeting was adjourned at approximately 8:06 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk City of Kenai Council Meeting Minutes Page 10 of 10 January 16, 2013 Page 24 of 134 Council present: P. Porter, B. Gabriel, T. Navarre, and T. Bookey Others present: City Manager R. Koch, City Attorney S. Bloom, and City Clerk S. Modigh Mayor Porker began the work session at approximately 6:00 p.m City Manager Koch provided introductions and an overview of the proposed rehabilitation project. Project alternatives were discussed by Administration, Council, Robert Ruffner from the Kenai Watershed Forum, Ken Tarbox from Keen Eye Bird Club, Steven Meyer and Rick Richardson from Delta Waterfowl. Council concurred to have administration work with the local user groups and move forward with an alternative to best restore the area. It was noted that state grant funding would be available until December 31, 2013 for the project, an ordinance accepting the grant funding would be required from the City, and a resolution was not necessary at this time. The work session was adjourned at 7:10 p.m Notes prepared by: Sandra Modigh, CIVIC City Clerk Page 25 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 26 of 134 cn LLJ \ \LU < ( » a \ \ \ / \ } \ ±. / \ \ e \ \ I , } \ cn LLJ \ \LU < ( » a \ \ \ / \ } \ ±. \ \ J / \ \ / \ \ I , } \ < / � } � i 1 { { w / / \/ � \ } \ \ / \ z § w e° LU S2 % - w / LL, / /( / m 6 / / \ \ _+\ \ \ } / o ± a / } fi ! \ 9 = } `\ �{ ƒb }7 ( \ ( �\ < / \ , \ \ ; .. \ ) / _ \ $ \ \ 0 ( \ ) cr \ w \ » J �/ ( L) a / m _ = $ / \ ( w z \ \ J • 1 1 c3 Page 28 of 134 ia��� F, TO: Honorable Mayor and City Council Members FROM: Sandra Modigh, City C�� l 1 DATE: January 31, 2013 RE: Liquor License Renewal — Peninsula Moose Lodge #1942 Pursuant to KMC 2.40, the above referenced applicant has satisfied all obligations to the City. Recommendation: State the following findings into the record: "The City of Kenai has determined that Peninsula Moose Lodge # 1942 has satisfied all obligations to the City and therefore the City has no objection to the renewal of Liquor License No. 2494." Motion: "I move to direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the City has no objection to the renewal of Peninsula Moose Lodge #1942 Liquor License No. 2494." Page 29 of 134 February 7, 2013 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 Past Tudor Road Anchorage, AK 99507 -1286 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / FAX: (907) 283-3014 Re: Non- Objection of Liquor License Renewal — Peninsula Moose Lodge #1942 Dear Ms. Lambert, Pursuant to Kenai Municipal Code, the Peninsula Moose Lodge #1942 has satisfied all obligations to the City of Kenai and therefore the City has no objection to the renewal of Liquor License No. 2494. Please contact our office if you have any questions or need additional information, 283 -7535, extension 231. Sincerely, Sandra Modigh, CMC City Clerk cc: Applicant Kenai Peninsula Borough Clerk He Page 30 of 134 EZEZEMIM KENAI PENINSULA 144 North Binkley Street s Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 ® FAX: (9071714-2388 Toll -free within the Borough: 1 -800- 478 -4441 Ext. 2160 Email: assemblycierk @borough.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name Peninsula Moose Lodge # 1942 License Type Club License Location City of Kena. License No. 2494 Dear Ms. Lambert, } c a F_; JAN : 8 SECT This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, ` LZ iohni Blankenship, MMC Borough Clerk 1B /klr cc: Applicant City of Kenai KPB Finance Department File Page 31 of 134 mm-. -. ,,M Please mark the co_rreet box to answer: Was your business open at least 30 clays for 8 hours each day' n 20119' Was your business open at least 30 days for 8 hours each day in 2012? Has the incensed premise changed fa ona the last diagram submitted? Has any person named in this application been convicted of a felony or Title 4 violation? List all corporation members„ managers and shareholders below: ZVY-es oNo ffyes oNo Oyes MNO Oyes o 0B o If not a corporation - List all individuals, spouses, or partners that own business below: ABC Boazd - 5848 E. Tudor Rd - Anchorage, AK 99507 Phone: 907 -269 -4350 Fax: 907- 272 -9412 -- Page 32 of 134 Page 7 of 2 19/5/` 1 . M, Late Fee — If Received or Fingerprint Fee — SM per person (only for neav 3 I declare under penalty of perjury, that 1 have examined this application and to the best of my knowledge and belief slate it is true, correct and complete. I certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application, As a licensee (a sole proprietor or partner), I certify that I have received alcohol server training and nay certification is currently valid. As a licensee, I certify that all my agents and employees tasked with patron identification verification have received alcohol server training and their certification is currently valid. L4,.,, 14ftnsee Signatur Notary Signature Notary Public in and for the Mate of C My comiiffiEssion ex Printed Name & Title Subscribed and sworn to before me this " �� ^ day of L'Ov' 2Z f pares. w. ...... i SVlI rttk i; G?�3 ,.. .i4ii fib �� a ± ABC Board - 5848 E. Tudor Rd - Anchorage, AK 49507 . Phone: 907- 269 -0350 Fax; 907-272-9412 „” page Page 34 of 134 M 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (90711283-75315 / FAX: (907) 283 -3014 www.d,kenai.ak.us DATE: January 23, 2013 1, nui httd ux M 1F 2W3 Dan 0. Pitts has requested Amendment(s) to the purpose(s) for which the above leases are issued. Mr. Pitts has leased the referenced Airport properties since 1984 for a term of 97 years for use as a "Freight Facility." Mr. Pitts is requesting that the Lease(s) be amended to "Freight Facility as well as Fuel operations and Aircraft Support Operations for Lot 1A and "Freight Facility as well as Parking and Storage" for Lot 2A1. On January 9, the Planning & Zoning Commission reviewed the proposed lease amendments for the above - referenced properties and found that the changes proposed conform to the Airport Land Use Plan, Comprehensive Plan, and Zoning ordinance and recommended the City proceed with the amendments. On January 10, the Airport Commission reviewed and recommended the proposed lease amendments for approval. Mr. Pitts. is in compliance with both the City and the Borough and the City Attorney has reviewed the attached documents as to form. If the Kenai City Council approves the attached Amendment(s) to Lease, the Amendment(s) can be executed by the parties. CC! Dan 0. Pitts Attachments Page 35 of 134 Dan 0. Pitts Leases Page 36 of 134 EIGHTH AMENDM1:NT TO LEASE THIS Eighth Amendment to Lease is made as of the _ day of 20I2, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and DAN 0. PITTS (Lessee), whose address is P.O. Box 1916, Soldoma, Alaska 99669. t WHEREAS, on duly 27, 1984, the City entered into a lease with Dan 0, Pitts, for City -owned lands identified as Lot I A, FBO Subdivision, South Addition, which lease was recorded at Book 243 Pages 491 - 505, on August 13, 1984, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); arid, WHEREAS, the Lease has been amended over the years, which amendments are recorded in the Kenai Recording District and are summarized as follows: Amendment to Lease, recorded at Book 291 Page 879, on July 28, 1986, redetermining the annual rent; Amendment to Lease, recorded at Book 319 Pages 272 - 273, on November 2, 1987, amending paragraph 15 of the Lease as to indemnification and insurance covenants; Amendment to Lease, recorded at Book 381 Pages 510 - 511, on April 26, 1991, redetermining the annual rent; Amendment to Lease, recorded at Book 483 Pages 107 — 108, on April 23, 1996, redetermining the amsual rent.; Amendment to Lease, recorded at Book 604 Pages 661 - 662, on April 24, 2001, redetermining the annual rent; Amendment to Lease, recorded at 2006 - 006684 -0, on June 29, 2006, redetermining the annual rent; Amendment to Lease, recorded at 2011 - 005819 -0, on June 22, 2011, retermining the annual rent and amending the five -year rent renegotiation cycle to years ending in zero (0) and five(5); Eighth Amendment to Lease — Lot I A, FBO Subdivision, South Addition Pagel of 3 Page 37 of 134 01 WHEREAS, in order to change the purpose for which the Lease is issued to reflect the current use, the purpose should be amended from "Freight Facility" to "Fuel Operations and Airport Support Operations." NOW T11E, REFORE, the parties agree as follows: 1. That the Lease is Amended as follows: Section A. PURPOSE: The purpose for which the Lease is issued is: Freight Facility, Fuel Operations, and Airport Support Operations. 2. Except. as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. CITY OF KENAI BY: Rick R. Koch Its: City Manager By: Dan 0, Pitts Approved as tof�rm: l , Scott Bloom City Attorney Eighth Amendment to Lease — Lot. IA, FBO Subdivision, South Addition Page 2 of 3 Page 38 of 134 State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of 2012, 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 instrurent was acknowledged before me this _ day of , 2012, by Dan O. Pitts. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Eighth Amendment to Lease — Lot IA, FBO Subdivision, South Addition Page 39 of 134 Page 3 of 3 FUMMMYMMAM THIS NINTH Amendment to Lease is made as of the _ day of _ 2012, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 9961.1, and DAN O. PITTS (Lessee), whose address is P.O. Box 1916, Soldoma, Alaska 99669. WHEREAS, on July 27, 1984, the City entered into a lease with Dan O. Pitts, for City - owned lands identified as Lot 2A, FBO Subdivision, South Addition, which lease was recorded at Book 243 Pages 506 - 521, on August 13, 1984, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, the Lease has been amended over the years, which amendments are recorded in the Kenai Recording District and are summarized as follows: Amendment to Lease, recorded at Book 291 Page 880, on I ly 28, 1986, redetermining the annual rent and further, describing the leased property as "Lot 2A, Block 1 "; Amendment to Lease, recorded at Book 317 Pages 905 - 906, on October 5, 1987, amending the square footage of the leased property to 42,750 to reflect the recordation of resubdivision plat number 86 -186, altering the legal description of the leased property to be "Lot 2AL FBO Subdivision South Addition No. 2," and redetermining the annual rent; Amendment to Lease, recorded at Book 319 Pages 270 - 271, on November 2, 1987, amending paragraph 15 of the Lease as to indemnification and insurance covenants; Amendment to Lease, recorded at Book 381 Pages 508 - 509, on April 26, 1991, redetermining the annual rent; Amendment to Lease, recorded at Book 483 Pages 109 — 110, on April 23, 1996, redetermining the annual rent; Amendment to Lease, recorded at Book 604 Pages 659 - 660, on April 24, 2001, redetermining the annual rent; Ninth Amendment to Lease —Lot 2A1, FBO Subdivision South Addition No. 2 Page 1 of 3 Page 40 of 134 Amendment to Lease, recorded at 2006 - 006683 -0, on June 29, 2006, redetermining the annual rent: Amendment to Lease, recorded at 2011- 005772 -0, on June 21, 2011, redetermining the annual rent and amending the five -year rent renegotiation cycle to years ending in zero (0) and five (5); and, WHEREAS, in order to change the purpose for which the Lease is issued to reflect the current use, the purpose should be amended from "Freight Facility" to "Parking and Storage." NOW 'A , the parties agree as follows: 1. That the Lease is amended as follows: Section A. PURPOSE: The purpose for which the Lease is issued is: Freight Facility and Parking and Storage. The rate charged for vehicle parking shall not be less than the rates charged by the City for airport parking. 1 Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. CITY OF KENAI Bv: Rick R. Koch Its: City Manager DAN €?. PITTS By: Dan 0. Pitts Ninth Amendment to Lease — Lot 2A 1, FBO Subdivision South Addition No. 2 Page 2 of 3 Page 41 of 134 Approved as t9..form: Scott Bloom City Attorney State of Alaska } ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this v day of 2012, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) as Third Judicial District } The foregoing instrument was acknowledged before me this _ day of , 2012, by Dan 0. Pitts. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Ninth Amendment to Lease — Lot 2A1, FBO Subdivision South Addition No, 2 Page 3 of 3 Page 42 of 134 U r �TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City (Manager PV w' SUBJECT� Ninth Amendment y Lease between - d Alaskalanes, Inc. for Lot ' Spur Subdivision -s 1, 1983 Addition The purpose of this memo is to provide additional information in support of the above referenced Action /Approval item scheduled for the February 6 Council Meeting. The referenced property is Airport land located outside of the Airport Reserve and has been leased for the purpose of a bowling center since 1983 for a term of 99 years. The current lessee, Alaskalanes, Inc., is in arrears and has been working with Administration on a payment agreement to bring them current. The proposed Amendment will do three things: 1. Redetermine the annual rent. The Lease is scheduled for renegotiation in 2013, and an appraisal performed by MacSwain and Associates, LLC, values the unimproved property at $450,000, which provides for an annual lease rate of $27,000. 2. Change the renegotiation cycle. in order to conform with other Airport leases, which are renegotiated in years ending in zero and five, the next rent rate adjustment would be performed in 2015 rather than 2018. 3. Amend the payment schedule to allow for an alternate payment schedule that meets the business needs of the Lessee. The lease requires the approval of the City Council to amend the payment schedule and the renegotiation cycle. The City Attorney has reviewed the attached Amendment and has approved it as to form. If the City Council approves the Amendment, it may be executed by the parties. Attachments cc: Kenneth Liedes, Alaskalanes Page 43 of 134 Page 44 of 134 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 21.0 Fidalgo Avenue, Kenai, Alaska 9961,1, and ALASKALANES, INC., an Alaska. corporation, and KENNE'T'H LIEDES, individually (Lessee), whose address is P.O. Box 1509, Kenai, Alaska, 99611. WiTNESSETH WHEREAS, on October 7, 1983, the City entered into a lease with Walter C. Church and Fred Paxton for City -owned lands identified as Lot 3A, Spur Subdivision No. 1, 1983 Addition, Kenai, Alaska, which lease was recorded at Book 221 Page.- 824 -843 on. October 26, 1983, in the Kenai Recording District, Third ,Judicial District, State of Alaska (the Lease); and, WHEREAS, since October 7, 1983, the rights under the Lease have been assigned or transferred to various Lessees, including the current Lessees, and the current Alaskalanes, Inc., an Alaska corportation, and Kenneth Liedes, individually; 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 between the City and Walter C. Church and Fred Paxton, recorded at Book 254 Pages 994 -995, amending the application, completion of construction, and escrow requirement; Amendment to Lease between the Citv and Walter C. Church and Fred Paxton, recorded at Hook 321 Pages 530 -532, amending General Covenant No. 14 of the Lease as to indemnification and insurance: Amendment to Lease between the City and Walter C. Church, recorded at Book 330 Pages 061 -062, redetermining the rental rate; Amendment to Lease between the City and Alaskalanes, Inc. and Mike Trujillo and Ken Liedes, individually, recorded at Book 428 Pages 118 -119, redetermining the rental rate; Amendment to Lease between the City and Alaskalanes, Inc. and Mike Trujillo mud Ken Liedes, individually, recorded at Book 459 Pages 575 -577, to change the Ninth Amendment to Lease— Lot 3A, Spur Subdivision No. 1 Page 1 of 4 Page 45 of 134 purpose for which the Lease was issued from "Bowling Center" to "Bowling Center and Commercial Activities (Bingo, Pull -tabs, conventions, meetings, receptions, and other catered events),"; Amendment to Lease between the City and Alaskalanes, Inc. and Mike Trujillo and Ken Liedes, individually, recorded at Book 531 Pages 616 -618, redetermining the rental rate; Amendment to Lease between the City and Alaskalanes, Inc. and Ken Liedes, individually, recorded at 2003 - 007615 -0, redetermining the rental rate; Amendment to Lease between the City and Alaskalanes, Inc. and Ken Liedes, individually, recorded at 2008 - 006480 -0, redetermining the rental rate; and, WHEREAS, in order to change the five -year cycle to years ending in zero (0) and five (5) tc ocnfarm with other City 'eases, the next rent rate adjustment shall] be per£crmed in 2015 rather than 2018, after which the parties will again proceed within five -year intervals for rent renegotiation as set out in paragraph 9 of the Lease; and, WHEREAS, in order to meet its business needs, the Lessee has requested a payment schedule that deviates from the from the terms of the Lease as outlined in Section C. Rental Payments, paragraph 3, which requires that, if the annual rent exceeds $2,400, rent may be paid in equal monthly installments. NOW THEREFORE, the parties agree as follows: 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 $27,000.00 per annum, plus applicable sales taxes. 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. Section C. Rental Payments, paragraph 3., is amended to read as follows: Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter unless an alternate schedule of payments is agreed to by the City Manager and the Lessees. Ninth Amendment to Lease- Lot 3A, Spur Subdivision No. 1 Page 2 of 4 Page 46 of 134 Except as expressly modified or stated herein; all other terms and conditions of the Lease (as amended) remain in frill force and effect. CITY OF KENAI By: Rick R.. Koch Its: City Manager A LASKAL,ANI+ S, INC. C KENNETH LIE DES, Individually By: _._ Kenneth Liedes Approved as to form: /;; r ...r . Scott Bloom City Attorney Ninth Amendment to Lease— Lot 3A, Spur Subdivision No. I Page 3 of 4 Page 47 of 134 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 (Name), (Title) of ALASKALANES, INC., on behalf of the company. 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 Kenneth Liedes. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai. AK 99611-7794 Ninth Amendment to Lease - Lot 3A, Spur Subdivision. No. i Page 4 of 4 Page 48 of 134 NAME: Resident of the City Residence Address Mailing Address CITY OF KENAI Village with a past -- City with a, future. " BACKGROUND AND PERSONAL DATA - =ta ► = ^�� � �� '« r »,�'�c spar SEP 17 2012 hf ENAF, CrTV CLERK a: Home Fax No. Business Telephone Business Fax No. Email Address: -(-,( May use include your contact information on our web pageCALt�i I: include? W EMPLOYER: L&!\ IC ` 4Wrr Job Title �t r.Y��:l' �(i1e�'YV� C�.�S �• ,�� I x., 3_ `w Current membership in organizations: Past organizational memberships: _ �\Q- D's, - 1 st 1`1 '�''! . � #' ` 1, i ♦ • *- �' � ` � ;I � 1. �M THIS PAGE IS INTENTIONALLY LEFT BLANK Page 50 of 134 Mr Idy of ✓/ Suggested by: Administration 1 ..3,.? AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,260 IN THE GENERAL FUND FOR POLICE FORENSIC SOFTWARE REIMBURSEMENTS FROM INTERNET CRIMES AGAINST CHILDREN (ICAC). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAO) task force; and WHEREAS, the Police Department ordered forensic computer software at a cost of $3,259.75, which will help the department to investigate internet crimes against children; and, WHEREAS, the ICAC regional director approved reimbursing the Kenai Police Department for the software costs; and, WHEREAS, the cost of this software was not included in the FY13 Police - Software budget, and in order to purchase the software at a discounted price the Police Department transferred $3,260 from the transportation account to the software account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KEAiAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police - Federal Grants $3,260.00 Increase Appropriations: Police - Transportation $3,260.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February 2013. ATTEST: Sandra Modigh, City Clerk) Approved by Finance PAT PORTER, MAYOR Introduced: February 6th, 2013 Adopted: February 20th, 2013 Effective: February 20th, 2013 New Text Underlined; [DELETED TEXT BRACKETED) Page 51 of 134 Is DATE: 1130113 SUBJECT: Request ordinance appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAC) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC). {CAC is a network of law enforcement agencies who investigate internet crimes against children. Participating agencies also provide awareness and prevention education in the community. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC - related equipment and for ICAC training needs. The ICAC regional coordinator in Anchorage has agreed to reimburse the Kenai Police Department for forensic computer software, which is needed to complete the KPD forensic computer lab. The software costs $3,259.75, and was not budgeted in the FYI budget. In order to receive the equipment at a discounted price it had to be purchased by 1/30/13. Since Police Software had $0.00 left in the account, I transferred $3,260 from the Police Transportation account to make the purchase. The software was ordered on 1130/13. I am requesting an ordinance appropriating $3,260 into the General Fund - Police Transportation account. Efic aty °f // Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE COUNCIL ON AGING SPECIAL REVENUE FUND FOR THE PURCHASE OF RADIOS TO BECOME COMPLIANT WITH FEDERAL COMMUNICATIONS COMMISSION REGULATIONS REGARDING NARROW BAND RADIO FREQUENCIES. WHEREAS, the Federal Communications Commission (FCC) has issued new regulations requiring radios to operate within a narrower frequency band; and, WHEREAS, the City's administration has determined that radios are still the best communications solution for the Senior Center and its vehicles; and, WHEREAS, the Senior Center received a generous donation of $10,000 from the estate of Mr. Earl Jones to be used on a project of its choice; and, WHEREAS, the PY12 ending fund balance in the Council on Aging Special Revenue Fund was $206,644, $99,320 was assigned for FY13 expenditures, $14,674 was assigned for compensated absences, and the remaining $92,650 was assigned for unidentified, future senior expenditures such as this request to purchase radios; and, WHEREAS, providing compliant communications for Senior Center operations 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: Senior Citizen Special Revenue Fun.d Increase Estimated Revenues: Appropriation of Fund Balance $ 5,000 Miscellaneous Donations 10.000 $ 15.000 Increase Appropriations: Congregate Meals - Small Tools $ 5,000 Home Delivered Meals - Small Tools 5,000 Transportation - Small Tools 5,000 $ 15 000 Neu Text Underlined; (DELETED TEXT BRACKETED) Page 53 of 134 Ordinance No. 2677 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: ✓ PAT PORTER, MAYOR Introduced: February 6, 2013 Adopted: February 20, 2013 Effective: February 20, 2013 New Text. Underlined; (DELETED, TEXT BRACKETED] Page 54 of 134 We applied to the Mental HeaithTrust small projects grant to be used to replace and upgrade the radios for the vans and base station. This grant was not funded. In August, we received a $10,000 donation from the Earl Jones Estate. The Estate requested the funds to be used for a project at the senior center. It is my recommendation we use the $10,000 donation for the Radio project and $5,000 from the unapproprated senior center balance to fund this project. The radios are an important piece of time management and communications between the receptionist and drivers who transport clients to various appointments in Kenai and Soldotna, to and from the senior center and various senior outings. There are times, when the meals drivers(s) need to communicate via radio to the receptionist for information, directions, etc. It is vital to be able to have the receptionist and all drivers listen to the communications in case there is a change of schedule. Page 55 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 134 the cit, of KEN41, AIA Stitt Suggested by: Administration rQ1410727W M4. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,000 IN THE CEMETERY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, $50,000 was transferred from the General Fund to the Cemetery Improvements Capital Project Fund in FY2012 for the design and construction of a columbarium; and, WHEREAS, appropriation of the funds within the Cemetery Improvement Capital Project Fund is required to expend the funds; and, WHEREAS, it is in the best interest of the City to appropriate these funds for their intended purpose to design and construct a columbarium at the City's cemetery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Cemetery Improvements Capital Project Fund Increase Estimated Revenues: Appropriation of Fund Balance $50,000 Increase Appropriations: Construction $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. ATTEST: Sandra Modigh, City Clerk! Approved by Finance; PAT PORTER, MAYOR Introduced: February 6, 2013 Adopted: February 20, 2013 Effective: February 20, 2013 New Text Underlined; !DELETED TEXT BRACKETED! Page 57 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 58 of 134 JANUARY 10, 2013 KENAI OR CENTER 0 1: 141111 Chair Necessary called the meeting to order at approximately 4:25 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. 2: AGENDA APPROVAL s Chair M. Necessary, L. Flowers, M. Milewski, V. Geller, L. Nelson, K. Rogers, E. Jones J. Hollier, B. Osborn Senior Center Director R. Craig, Council Member R. Marquis Member Flowers MOVED to approve the agenda and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. 3: ELECTION OF CHAIR AND VICE CHAIR LOTION: Member Geller LOVED to nominate Mark Necessary as chair and Member Milewski SECONDED the motion. There were no objections. SO ORDERED, t o fi Member Rogers MOVED to nominate Linda Flowers as vice chair and Member Geller SECONDED the motion. There were no objections. SO ORDERED. 4: APPROVAL OF MEETING SUMMARY — November 8, 2012 MOTION: Member Rogers MOVED to approve the meeting summary of November 8, 2012 and Member Geller SECONDED the motion. There were no objections. SO ORDERED. Page 59 of 134 Discussion — Review of Structure, Duties, Procedures, and Responsibilities City Manager Koch and City Attorney Bloom discussed duties and responsibilities, noting the Council on Aging was not in code, but should be. General discussion occurred. It was decided to not change meeting dates and times. m Discussion —2013 Goals The Council created the following list of goals that would be brought to the next meeting for final approval: • Programs to be added • Garages for Senior vans • Electrical outlets on the side of building for vans • Activity evening events • Encouraging younger seniors to join • Financial planning /retirement class • Golf or baseball tournament • Future of center if outgrown Senior Center Director — Craig reported the Volunteer Appreciation Dinner would be January 18 at 6:30 pm; the CDBG grant had been submitted; requested cancelling the February 14 meeting due to a Valentine's Dinner at the center. b. Council on Aging Chair — Necessary had no report. C. City Council € iaiison — Council Member Marquis reported the Council supported the CDBG grant with a resolution and an energy audit for the Senior Center, Shop Building and City Hall was in the design process. 9: NEXT MEETING ATTENDANCE NOTIFICATION . i COUNCIL ON AGING MEETING JANUARY 10, 2013 PAGE 2 Member Rogers MOVED to adjourn and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 6:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Page 61 of 134 COUNCIL ON AGING MEETING JANUARY 10, 2013 PAGE 3 11:Ibi;LL��3LY[�ly ➢Li7� 11 �l� /�� #3�t�� P,1 Page 62 of 134 AIRPORT KENAI OM O j JANUARY i 2013 KENAI CITY COUNCIL CHAMBERS 0 Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, A. McClure, L. Porter Commissioners absent: K. Roser Staff /Council Liaison present:Airport Manager M. Bondurant, Assistant E. Shinn, Council Member B. Gabriel A quorum was present 2: AGENDA APPROVAL Commissioner McClure suggested moving new business before unfinished business and adding Lease Amendments, Dan O. Pitts to 7 -c. ft� +' Commissioner McClure MOVED to approve the agenda as amended and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Porter MOVED to nominate Henry Knackstedt as Chair and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Knackstedt MOVED to nominate James Zirul as Vice Chair and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED, 4: APPROVAL OF MEETING SUMMARY — December 13, 2012 Airport Manager Bondurant requested a few clerical changes to her report. MOTION: Commissioner Feeken MOVED to approve the corrected meeting summary and Commissioner McClure SECONDED the motion. There were no objections. SO ORDERED. Page 63 of 134 6: UNFINISHED BUSINESS a. Discussion /Recommendation — Airport Regulations Bondurant reviewed the draft which had been approved by the City Attorney. Administration will make additional recommended changes and bring back the final draft for review and approval at a future meeting. • a M !' J, ..i'. Y.. • 1. •• • Bondurant reviewed the draft. Commission made several corrections and recommended adding a map of the runway and taxiways. 7: NEW BUSINESS a, Discussion — Kenai Municipal Airport Development Strategies City Manager Koch and Rick Baldwin requested the commission and KEDS team review the Kenai Municipal Code leasing of airport reserve lands and lease and safe of airport land outside the reserve, noting the goal would be to make changes, deletions or additions which will help increase potential economic activity on airport lands. b. Discussion — Kenai Peninsula Air Fair Sponsorship Opportunities Bondurant addressed the possibility of increasing sponsorship amounts for the Air Fair. Commission suggested specific aircraft for the t- shirt. a. Airport Manager — Bondurant reported the tree project was still under review by the FAA; FAA 139 inspector would be at the airport on January 15 —18; and staff was working on the FY14 budget. L,. Corrimission G eais — Knackstedt reported the Comprehensive Plan was in the final draft and available on the City website. c. City Council Liaison — Council Member Gabriel reported on the January 2, 2013 City Council meeting. 9: NEXT MEETING ATTENDANCE NOTIFICATION — February 14, 2013 No commissioners requested an excused absence from the February 14 meeting. kfilooluoial AIRPORT COMMISSION MEETING JANUARY 10, 2013 PAGE 2 Page 64 of 134 Commissioner Zirui was pleased to see the lease issues being brought forward. r t, a. November 2012 Enplanements b. December 2012 Airport Manager's Report c. FAA Memorandum — Runway Incursions d. Lease Amendments Memo from Assistant to City Manager 13: ADJOURNMENT MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately O.?7 p.m, Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Page 65 of 134 AIRPORT COMMISSION MEETING JANUARY 10, 2013 PAGE Page 66 of 134 MOTION: Commissioner Askin MOVED to approve the agenda and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED, 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Peters MOVED to nominate Phil Morin as Chair and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Peters MOVED to nominate Tommy Thompson as Vice Chair and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. 4: APPROVAL OF MEETING SUMMARY — December 10, 2012 MOTION: Commissioner Peters MOVED to approve the meeting summary of December 10, 2012 and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. 6: PERSONS SCHEDULED TO BE BEARD — None. 6: UNFINISHED BUSINESS — None. 7: NEW BUSINESS — None. 8: REPORTS a. Public Works Director — Director Wedemeyer reported the commission had Page 67 of 134 been invited to attend a presentation by Ken Tarbox at the Special Council meeting of January 22, 2013 and he had requested three temporary employees to work the dock during the dip net fishery, b. Commission Chair — Morin presented the commission with information regarding the Board of Fisheries. C. City Council Liaison — Council Member Molloy reported Robert Ruffner spoke at the last Council meeting regarding the wetlands rehabilitation project near the City dock. 9: NEXT MEETING ATTENDANCE NOTIFICATION — February 11, 2013 No commissioners requested an excused absence from the February 11 meeting. 10: COMMISSIONER COMMENTSIQUESTIONS Commissioner Peters inquired about comments the Harbor commissioners might have for the dip net work session later that evening. No comments were made. 11; PERSONS NOT SCHEDULED TO BE HEARD — None. 12: INFORMATION — None. 13: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 5:28 p.m. Meeting summary prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk Page 68 of 134 HARBOR COMMISSION MEETING JANUARY 7, 2013 PAGE 2 Vice Chair East called the meeting to order at approximately 7:11 p.m. Roll was confirmed as follows: Commissioners present: Vice Chair K. East, E. Bryson, K. Knackstedt Commissioners absent: S. Mattero, H. Curtis Staff /Council Liaison present: Library Director M. Joiner, Council Member M. Boyle No quorum was present. a. Administer Oath of Office to Newly Appointed Officer Bodin AGENDA APPROVAL 1 ELECTION OF CHAIR AND VICE CHAIR 4. APPROVAL OF MEETING SUMMARY — November 6, 2012 5, PERSONS SCHEDULED TO BE HEARD 6. UNFINISHED BUSINESS a. Discussion — Nonresident Fee 7. NEW BUSINESS Page 69 of 134 a Due to lack of quorum, the meeting was adjourned at approximately 7:14 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk LIBRARY COMMISSION MEETING Page 70 of 134 JANUARY 3, 2013 PAGE 2 Vice Chair Knackstedt called the meeting to order at approximately 7:00 p.m. • Commissioner Smith • Commissioner Shiftea Oaths were given prior to the meeting to expedite the process. b. Pledge of Allegiance Vice Chair Knackstedt led those assembled in the Pledge of Allegiance. X11 Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. • Y ' i:. • A f'. Vice Chair H. Knackstedt, J. Amass, C. Smith, K. Peterson, B. Shiflea J. Twait (excused), P. Bryson (excused) City Planner M. Kebschull, Assistant N. Carver, Deputy City Clerk C. Hall, Council Member T. Navarre It was requested to switch 7 -a and 7 -b. MOTION: Commissioner Peterson MOVED to approve the agenda as amended and Commissioner Amass SECONDED the motion. There were no objections. SO ORDERED. e. Consent Agenda Commissioner Smith MOLDED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED, Page 71 of 134 +•rA, • Chairman Twait • Commissioner Bryson Approved by consent agenda. *Ali items listed with an asterisk (`) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. "APPROVAL OF MINUTES a. "'January g, 2013 b. January g, 2013 -Work Session Meeting Summary (Information Only) Approved by consent agenda. SCHEDULED PUBLIC a*ai, lfifocN e — Itione. 4. CONSIDERATION OF PLAT'S — None. S. PUBLIC HEARINGS — None. 6. UNFINISHED BUSINESS a. Discussion /Recommendations -- Ordinance No. 2656 -2012 - Amending KMC 3.10.070 to provide a limited amount of chicken hens in the City. Planner Kebschull reviewed the memos In the packet from herself and City Manager Koch, MOTION: Commissioner Smith MOVED that conditional use permits be made available to people wanting chickens. Commissioner Peterson SECONDED the motion, It was the general consensus of the commission to maintain the current status of the issue. With concurrence from Commissioner Peterson, Commissioner Smith withdrew his motion. MOTION: Commissioner Smith MOVED to recommend KMC 3.10.070 remain as codified. Commissioner Amass SECONDED the motion. Knackstedt opened the meeting to public hearing. There being none, the public hearing was PLANNING AND ZONING COMMISSION MEETING JANUARY 23, 2013 PAGE Page 72 of 134 closed. YEA: Knackstedt, Peterson, Arness, Smith, Shifiea 7. NEW BUSINESS a. Discussion -- Review of Commission Structure, Duties, Procedures, and Responsibilities. City Manager Koch, City Clerk Modigh, and City Attorney Bloom reviewed the questions included in the packet with the Commission and general discussion occurred. Suggested changes included: • Remove CIP duties in code. Commission can continue to review CIP from other commissions /committees as developed. • Move the meeting start time from 7:0'0 to 6:0 0 p.m. • Continue annual training through the Alaska Municipal League. • Add regularly scheduled local training. 'l :. b. Action /Approval — Petition to Vacate Public Right -of- Way /Access Easements for properties known as Government Lots 33 and 34 and the North 150' of Government Lot 34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011) located at 11823 Kenai Spur Highway and 225 South Spruce Street.. Petition submitted by Carl Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the Archdiocese of Anchorage. Kebschull reviewed the staff` report included in the packet, recommending approval contingent upon legal access being provided for Kenai Peninsula Parcel 04702011, the North 150 feet of Government Lot 34. Commissioner Smith MOVED to approve the Petition to Vacate Public Right -of- Way /Access Easements for properties known as Government Lots 33 and 34 and the North 150' of Government Lot 34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011) located at 11823 Kenai Spur Highway and 225 South Spruce Street. Petition submitted by Carl Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the Archdiocese of Anchorage contingent upon legal access being provided for Kenai Peninsula Parcel 04702011, the North 150 feet of Government Lot 34. Commissioner Peterson SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JANUARY 23, 2013 PAGE 3 Page 73 of 134 Knackstedt opened the meeting to public comment. John Williams, Kenai — Mr. Williams gave a history of the lot and easement issues. VOTE: YEA: Knackstedt, Peterson, Amass, Smith, Shiflea MOTION PASSED UNANIMOUSLY. c. Discussion/Set Public Hearing — "Imagine Kenai 2030 — City of Kenai Comprehensive Plan.' MOTION: Commissioner Smith MOVED to remove appendix C illustration and the reference to it on page 62. Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Smith MOVED to amend the Comprehensive Plan by inserting "or updated" before "as a general guide" on page 78. Commissioner Shiflea SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Smith MOVED to set a public hearing on the Comprehensive Plan for February 13, 2013 and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. ti. PENDING ITEMS — None. 3. REPORTS a. City Council — Council Member Navarre reviewed the January 2 Council meeting noting an ordinance had been introduced that required appeals of Board of Adjustment decisions be sent to Kenai Superior Court and welcomed Commissioner Shiflea. b. Borough Planning — No report. c. Administration — Kebschull reported she would bring forward ordinances that amended Title 14 of the Kenai Municipal Code. Carver reported the City won its case in a code enforcement appeal. 10. PERSONS PRESENT NOT SCHEDULED — None. PLANNING AND ZONING COMMISSION MEETING JANUARY 23, 2013 PAGE 4 Page 74 of 134 �- , _ There being no further business before the Commission, the meeting was adjourned at approximately 9:39 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JANUARY 23, 2013 PAGE Page 75 of 134 Page 76 of 134 A quorum was present. 2: AGENDA APPROVAL MOTION: Member Tuttle MOVED to approve the agenda and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Lovett MOVED to nominate Connie Jung as Chair and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Baxter MOVED to nominate Vonnie Pierce as Vice Chair and Member Jung SECONDED the motion. There were no objections. SO ORDERED. 4: APPROVAL OF MEETING SUMMARY— October 9, 2012 MOTION: Member Gabriel MOVED to approve the meeting summary of October 9, 2012 and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. Page 77 of 134 KENAI BEAUTIFICATION COMMITTEE JANUARY 8, 2013 7:00 P.M. CITY HALL. COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING CL MEETING SUMMARY 1: CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: LU Members present: Vice Chair L. Gabriel, T. Canady, C. Jung, V. Pierce, P. Baxter, IL S. Lovett, H. Tuttle Staff /Council Liaison present: Parks and Recreation Director R. Frates A quorum was present. 2: AGENDA APPROVAL MOTION: Member Tuttle MOVED to approve the agenda and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Lovett MOVED to nominate Connie Jung as Chair and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Baxter MOVED to nominate Vonnie Pierce as Vice Chair and Member Jung SECONDED the motion. There were no objections. SO ORDERED. 4: APPROVAL OF MEETING SUMMARY— October 9, 2012 MOTION: Member Gabriel MOVED to approve the meeting summary of October 9, 2012 and Member Lovett SECONDED the motion. There were no objections. SO ORDERED. Page 77 of 134 a. Discussion — Review of Structure, Duties, Procedures, and Responsibilities City Manager Koch reviewed policy procedures and responsibilities and discussed changes that were needed or desired. b. Discussion /Recommendation —FYI 4, 15, 16 Capital Improvement Projects Frates reviewed the CIP list and general discussion occurred. The list for FY 2014 included: I. Benches /trash receptacles 2. Winter decorations 3. Scenic overlook upgrade 4. Leif Hansen Park fountain upgrade 5. Community Garden upgrade The list for FY2015 included: 1. Static light displays 2. Tree maintenance software 3. Challenger Learning Center sidewalk /landscaping The list for FY2016 included 1. City Sign update — Bridge Access and Spur Highway 2. Static light displays MOTION: Member Lovett MOVED to approve the recommended CIP list for FY14 — 16 and Member Pierce SECONDED the motion. There were no objections. SO ORDERED. 8: REPORTS a. Parks & Recreation Director — Frates noted Russian Christmas was January 7 and pole decorations were typically removed at that time, relocation of director's office, hired third full time staffer, update on flower order. b. Committee Chair — No report. C. City Council Liaison — No report. 9: NEXT MEETING ATTENDANCE NOTIFICATION —April 9, 2013 No members requested an excused absence for the April 9 meeting. 10: COMMITTEE MEMBER QUESTIONS AND COMMENTS Baxter noted a loose banner at the Visitors Center. BEAUTIFICATION COMMITTEE MEETING JANUARY 8, 2013 PAGE 2 Page 78 of 134 Pierce expressed interest in large holiday cards that could be sponsored by local businesses and placed throughout town. 11: PERSONS NOT SCHEDULED TO RE HEARD — None. 12: INFORMATION 13: ADJOURNMENT MOTION: Member Lovett MOVED to adjourn and Member Pierce SECONDED the motion. There were no objections. 5O ORDERER. There being no further business before the Committee, the meeting was adjourned at approximately 9:08 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING JANUARY 8, 2013 PAGE 3 Page 79 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 80 of 134 STATE CAPITOL PO Box I1000I Inneaa, Alaska 9981 1 -000 1 907 - 465 -3500 Cax: 907 - 465 -3532 January 24, 2013 Mr. Rick R. Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 STATE OF ALASKA Re: Wastewater Treatment Plant Upgrades Dear JWth, f,eeeived JAN 2 U 2013 550 West 7th Avenue # 1700 Anchorage, Alaska 99501 907- 269 -7450 w 907 - 269-7463 www.Gov.Alaska.Gov Governor @Alaska.Gov I appreciated hearing from you regarding funding for the City of Kenai's wastewater treatment plant upgrades. I have included $1,204,640 for dus project in the FY2014 capital budget proposal which will now be considered by the Legislature through its public process. I encourage you to advocate with legislators to retain this funding and look forward to your support of the budget during the legislative session. Page 81 of 134 January 26, 2013 Senate President Charlie Huggins Senator Mike Dunleavy Senator Johnny Ellis Senator Berta Gardner Senator Pete Kelly Senator Peter Micciche Senator Gary Stevens Dear Senator: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / Fax: 907 -283 -3014 www.ci.kenai.ak.us Senator Click Bishop Senator Fred Dyson Senator Anna Fairclough Senator Cathy p Giessel Senator L=s"! IY cGlylre Senator Donald Olson Senator Bill Wieiechowski Senator John Coghill Senator Dennis Egan Senator Hollis French Senator Lyman Hoffman Senator Kevin Meyer Senator Bert Stedman The purpose of this correspondence is to provide information, discuss, and request your assistance and support in creating a process to mitigate impacts to Alaskan municipalities /areas affected by Personal Use Fisheries. Following this introductory letter are several pages of photographs showing the impact of the State Personal Use Fishery which takes place at the mouth of the Kenai River on an annual basis. These photographs are typical, in other words they were not chosen because they show the most negative conditions. The Personal Use Fishery which takes place at the mouth of the Kasilof River results in similar conditions. In 2012, the City of Kenai incurred expenditures of approximately $365,000 in support of/reaction to the Fishery. These expenditures were for police, emergency medical services, parks & recreation, solid waste, permanent and portable human waste, fish waste management, dock /boat launch management, public works support, and overall municipal management. To offset these expenses the City collected fees for camping, parking, and boat launch activities totaling approximately $362,000, or $3,000 less than expenses. While the City attempts to manage fish waste to a small degree, we are unsuccessful, to a greater degree each year as the Fisheries popularity has grown and harvest levels have increased. In 2012, we estimate that between 400,000 Ibs and 800,000 Ibs of fish waste was deposited on the beaches at the mouth of the Kenai River. The volume of fish waste generated by the Fishery has become untenable, and the residents of Kenai are demanding that the City of Kenai enact law /policies /programs that eliminate the problem. Page 82 of 134 City Administration has developed alternatives with cost estimates to manage fish waste more effectively, The Kenai City Council, and members of the public, which have testified at several Council work sessions on this issue, desire to see a process, or processes, in which fish waste is collected at various locations on the beaches, and disposed of in a legal manner off -site from the Fishery. This most likely would be accomplished by dumping the fish waste either in federal waters or in a, yet- to -be- constructed, dedicated land -fill cell at the Kenai Peninsula Borough Solid Waste Land Fill. There are significant start -up and ongoing operational costs for either of these two alternatives. To date there have been no viable proposals to collect and create a value -added product from the low -grade fish waste. The cost estimate to remove /dispose of fish waste from the beaches is $250,000- $400,000, over current City expenditures. Presently, there is no permit fee for a Personal Use Fishery Permit, the requirement is that you are an Alaskan resident and you have a Sport Fishing License. We recognize that some Personal Use Fishery participants would not otherwise have a fishing license. We request that you support legislation which would separate a Personal Use Fishery Permit from a Sport Fishing License. We further suggest that a permit fee of $25 be required for each person over 16 years of age on the permit, and that these revenues are utilized to assist municipalities, areas, and the State to mitigate /eliminate the negative impacts of the Fisheries. in 2009, 2010, and 2011, the average number of Personal Use Fishery Permits issued was 31,908, say 32,000. The following are assumptions of total fishery participants, and projected revenue generation given the above proposal: Total Number of Permits 32,000 Number of Individuals per Permit X 3.2 Total Number of Participants 102,400 Number of Participants over 16 years 70,400 of age Projected Revenue ($25 /Participant) $1,760,000 The following is a suggestion for distribution of revenue: Kenai River -City of Kenai (35 %) Kasilof River -State of Alaska (20 %) Other Site - Specific Fisheries (10 %) Capital Improvements (i.e. Kenai Peninsula Borough Landfill Cell)(15 %) State of Alaska Administrative Costs (20% $616,000 352,000 176,000 264,000 352.000 Total Distribution $1,760,000 The above revenue distribution is only for demonstration and not meant to serve as a specific suggestion. By the State collecting a fee on the front -end of the process, rather than the City of Kenai collecting fees from only parking, camping , and boat launching, all Fishery participants share in the expense of services and mitigation of negative impacts caused by the Fishery. Page 83 of 134 Just yesterday I was made aware the Representative Seaton was considering legislation similar to the suggestions contained in this correspondence. The Kenai City Council, residents of Kenai, and the City of Kenai Administration respectfully request your consideration. Thank you for your attention in this matter. Sincerely CITYKENAI y- Pat Porter, Mayor Rick R. Koch, City Manager M January 26, 2013 Speaker Mike Chenault Rep. Harriet Drummond Rep. Neat Foster Rep. Max Gruenberg Rep. Bob Herron Rep. Shelley Hughes Rep. Andrew Josephson Rep. Beth Kertulla Rep. Gabrielle LeDoux Rep. Cathy Munoz Rep. Kurt Olson Rep. Dan Saddler Rep. Geran Tarr Rep. Peggy Wilson Dear Representative: I'Vil a e salt a Fast C# with a Future 11 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014 www.ci.kenai.ak.us Rep. Alan Austerman Rep. Mia Costello Rep. Bryce Edgmon Rep. Eric Fiege Rep, Les Gara Rep. Lynn Gattis Rep, David Guttenberg Rep. Mike Hawker Rep. Pete Higgins Rep. Lindsey Holmes Rep. Doug Isaacson Rep. Craig Johnson Rep. Scott Kawasaki Rep. Wes Keller Rep. Jonathan Kreiss- Tomkins Rep. Bob Lynn Rep. Charisse E. Millett Rep. Benjamin Nageak Rep. Mark Neuman Rep. Lance Pruitt Rep. Lora Reinbold Rep. Paul Seaton Rep. Bill Stoltze Rep, Steve Thompson Rep. Chris Tuck Rep. Tammie Wilson The purpose of this correspondence is to provide information, discuss, and request your assistance and support in creating a process to mitigate impacts to Alaskan municipalitiesfareas affected by Personal Use Fisheries. Following this introductory letter are several pages of photographs showing the impact of the State Personal Use Fishery which takes place at the mouth of the Kenai River on an annual basis. These photographs are typical, in other words they were not chosen because they show the most negative conditions. The Personal Use Fishery which takes place at the mouth of the Kasiiof River results in similar conditions. In 2012, the City of Kenai incurred expenditures of approximately $365,000 in support of /reaction to the Fishery. These expenditures were for police, emergency medical services, parks & recreation, solid waste, permanent and portable human waste, fish waste management, dock/boat launch management, public works support, and overall municipal management. To offset these expenses the City collected fees for camping, parking, and boat launch activities totaling approximately $362,000, or $3,000 less than expenses. While the City attempts to manage fish waste to a small degree, we are unsuccessful, to a greater degree each year as Page 85 of 134 the Fisheries popularity has grown and harvest levels have increased. In 2012, we estimate that between 400,000 Ibs and 800,000 Ibs of fish waste was deposited on the beaches at the mouth of the Kenai River. The volume of fish waste generated by the Fishery has become untenable, and the residents of Kenai are demanding that the City of Kenai enact law /policies /programs that eliminate the problem. City Administration has developed alternatives with cost estimates to manage fish waste more effectively. The Kenai City Council, and members of the public, which have testified at several Council work sessions on this issue, desire to see a process, or processes, in which fish waste is collected at various locations on the beaches, and disposed of in a legal manner off -site from the Fishery. This most likely would be accomplished by dumping the fish waste either in federal waters or in a, yet- to -be- constructed, dedicated land -fill cell at the Kenai Peninsula Borough Solid Waste Land Fill. There are significant start-up and ongoing operational costs for either of these two alternatives. To date there have been no viable proposals to collect and create a value -added product from the low -grade fish waste. The cost estimate to remove /dispose of fish waste from the beaches is $250,000- $400,000, over current City expenditures. Presently, there is no permit fee for a Personal Use Fishery Permit, the requirement is that you are an Alaskan resident and you have a Sport Fishing License. We recognize that some Personal Use Fishery participants would not otherwise have a fishing license. We request that you support legislation which would separate a Personal Use Fishery Permit from a Sport Fishing License. We further suggest that a permit fee of $25 be required for each person over 16 years of age on the permit, and that these revenues are utilized to assist municipalities, areas, and the State to mitigate /eliminate the negative impacts of the Fisheries. In 2009, 2010, and 2011, the average number of Personal Use Fishery Permits issued was 31,908, say 32,000. The following are assumptions of total fishery participants, and projected revenue generation given the above proposal: Total Number of Permits 32,000 Number of Individuals per Permit X 3.2 Total Number of Participants 102,400 Number of Participants over 16 years 70,400 of age Projected Revenue ($25 /Participant) $1,760,000 The following is a suggestion for distribution of revenue: Kenai River -City of Kenai (35 %) $616,000 Kasilof River -State of Alaska (20 %) 352,000 Other Site - Specific Fisheries (10 %) 176,000 Capital Improvements (i.e. Kenai 264,000 Peninsula Borough Landfill Cell)(15 %) State of Alaska Administrative Costs (20 %) 352.000 Total Distribution $1,760,000 The above revenue distribution is only for demonstration and not meant to serve as a specific suggestion. By the State collecting a fee on the front -end of the process, rather than the City of Kenai collecting fees from only parking, camping , and boat launching, all Fishery participants share in the expense of services and mitigation of negative impacts caused by the Fishery. Just yesterday I was made aware the Representative Seaton was considering legislation similar to the suggestions contained in this correspondence. The Kenai City Council, residents of Kenai, and the City of Kenai Administration respectfully request your consideration. Thank you for your attention in this matter. Sincerely CITY OF KENAI Pat Porter, Mayor Rick R. Koch, City Manager Page 87 of 134 CITY OF KENAI IMPACTS OF PERSONAL USE FISHERY Page 88 of 134 Page 89 of 134 Page 90 of 134 Page 91 of 134 Page 92 of 134 Page 93 of 134 Page 94 of 134 Page 95 of 134 Page 96 of 134 January 27, 2013 The Honorable Peter Micciche Alaska State Senate State Capital Juneau, AK 99801 -1182 M/S 3100 Subject: State Capital Requests — Amended Priorities Dear Senator Micciche: The purpose of this correspondence is to submit for your consideration an amended priority list of the City of Kenai's capital requests for the 2013 Legislative Session. Based on recent engineering investigation, the construction of a new one - million gallon water storage reservoir has been established as the City's number one capital priority. We have found that the interior coating system of the City's lone water storage reservoir (3 million gallons) is failing and requires re- coating in the very near future tom protect the underlying metal tank structure. A re- coating project will take 4 -8 months during which time the City must have an attemate water storage source. In addition, the City of Kenai's water utility requires additional storage to meet minimum water storage requirements. In the past peak flows of over one - million gallons a day during the heavy -use summer period were rare, this has now become common- place and water storage falls below a three -day supply. This project has become a "time- is -of- the essence" issue. The priority list has also forwarded a project to construct a new city maintenance shop and heavy equipment storage facility to the number two capital priority. The City is moving forward with the construction of the first phase of this project, a $4 million shop, with funding presently in -hand. This request is for $2 million to include the heavy equipment storage facility as a part of this project. Attached to this correspondence is information regarding all of the City's capital priorities Thank you for your and your staff's attention in this matter. Sincerely, At Ric oc City Manager Page 97 of 134 January 27, 2013 The Honorable Cathy Giessel Alaska State Senate State Capital Juneau, AK 99801 -1182 M/S 3100 Subject: State Capital Requests — Amended Priorities Gear Senator Giessei: The purpose of this correspondence is to submit for your consideration an amended priority list of the City of Kenai's capital requests for the 2013 Legislative Session. Based on recent engineering investigation, the construction of a new one - million gallon water storage reservoir has been established as the City's number one capital priority. We have found that the interior coating system of the City's lone water storage reservoir (3 million gallons) is failing and requires re- coating in the very near future tom protect the underlying metal tank structure. A re- coating project will take 4 -8 months during which time the City must have an alternate water storage source. In addition, the City of Kenai's water utility requires additional storage to meet minimum water storage requirements, in the past peak flows of over one - million gallons a day during the heavy -use summer period were rare, this has now become common- place and water storage falls below a three -day supply. This project has become a "time- is -of- the essence' issue. The priority list has also forwarded a project to construct a new city maintenance shop and heavy equipment storage facility to the number two capital priority. The City is moving forward with the construction of the first phase of this project, a $4 million shop, with funding presently in -hand. This request is for $2 million to include the heavy equipment storage facility as a part of this project. Attached to this correspondence is information regarding all of the City's capital priorities. Thank you for your and your staff's attention in this matter. January 27, 2013 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 -283 -7535 / Fax: 907- 283 -3014 www.ci.kenai.ak.us The Honorable Mike Chenault Alaska House of Representatives State Capital Juneau, AK 99801-1182 MIS 3100 Subject: State Capital Requests — Amended Priorities Hear Speaker Chenault: The purpose of this correspondence is to submit for your consideration an amended priority list of the City of Kenai's capital requests for the 2013 Legislative Session. Based on recent engineering investigation, the construction of a new one - million gallon water storage reservoir has been established as the City's number one capital priority. We have found that the interior coating system of the City's lone water storage reservoir (3 million gallons) is failing and requires re- coating in the very near future tom protect the underlying metal tank structure. A re- coating project will take 4 -8 months during which time the City must have an alternate water storage source. In addition, the City of Kenai's water utility requires additional storage to meet minimum water storage requirements. In the past peak flows of over one - million gallons a day during the heavy -use summer period were rare, this has now become common- place and water storage falls below a three -day supply. This project has become a "time- is -of- the essence" issue. The priority list has also forwarded a project to construct a new city maintenance shop and heavy equipment storage facility to the number two capital priority. The City is moving forward with the construction of the first phase of this project, a $4 million shop, with funding presently in -hand. This request is for $2 million to include the heavy equipment storage facility as a part of this project. Attached to this correspondence is information regarding all of the City's capital priorities Thank you for your and your staffs attention in this matter. Sincerely, f OF o �I ck ch City Manager Page 99 of 134 °vs January 27, 2013 The Honorable Kurt Olson Alaska House of Representatives State Capital Juneau, AK 99801-1182 MIS 3100 Subject: State Capital Requests — Amended Priorities Dear Representative Olson The purpose of this correspondence is to submit for your consideration an amended priority list of the City of Kenai's capital requests for the 2013 Legislative Session. Based on recent engineering investigation, the construction of a new one- million gallon water storage reservoir has been established as the City's number one capital priority. We have found that the interior coating system of the City's lone water storage reservoir (3 million gallons) is failing and requires re- coating in the very near future Yom protect the underlying metal tank structure. A re- coating project will take 48 months during which time the City must have an alternate water storage source. In addition, the City of Kenai's water utility requires additional storage to meet minimum water storage requirements. In the past peak flows of over one - million gallons a day during the heavy -use summer period were rare, this has now become common- place and water storage falls below a three -day supply. This project has become a "time- is -of- the essence" issue. The priority list has also forwarded a project to construct a new city maintenance shop and heavy equipment storage facility to the number two capital priority, The City is moving forward with the construction of the first phase of this project, a $4 million shop, with funding presently in -hand. This request is for $2 million to include the heavy equipment storage facility as a part of this project. Attached to this correspondence is information regarding all of the City's capital priorities Thank you for your and your staff's attention in this matter. Sincerely, O�i Eck t� City Manager Page 100 of 134 y. bt um I I aye IV I ul I Q• G C, E w E r (D IQ -IQ IQ 7D > a LO i3 (L Y2 2 "S '15 Al, IQ E IQ E E cm 141 0 0 a - - ,- li, �� z 'DI IQ > 0 .2 E I, E L LE r, ExI n E t E 2 2 10 i2 It Z ol am r aye IV I ul I Q• I Oyc . vL v. , " m I 2 �2 CD ii C, vo N 0 E w C, 0 w > E MaE i� -2 cl O c co Z M z 02 - - 0 E < > z o's C Z C) 76 -6 E a f6m 5,-2 CC O+ OU rn is C5 w O 5, L ER Z Oyc . vL v. , " m I 9 • UID ui w I Cl O D 0 — E Z a, im cO 00 u wx C. 0 E 0 UID ui w I Cl iaa LLI M a uj z 0 z D LL CD *N LL. LO Page 104 of 134 S. a O c & 0 M 6w 2 01 (IS 0 4 Erb o P 'R A 10 E 2 E w -Fz E N E > .Ei E 15 E -S2 E? > E E- > E m z t5 20 ZF E@ 0 5) o E Z3 �• 2 S •21 1E Z3 C to Om iy 0 CC C 2 E Z, , Z Page 104 of 134 S. a O M M Ott /^ M111541M (Requested Appropriation $2,500,000) The City of Kenai's present Water Storage requirements are met through the use of a three million - gallon storage reservoir. The average daily demand on the City's water utility ranges from 800,000 to 1.2 million gallons per day, the existing storage is equivalent to three days average demand. While the existing three million gallon water storage reservoir is adequate to meet present demands, having a single water storage facility does not allow for the water storage reservoir to be taken "off -line" to perform maintenance and repair activities. The existing three million gallon reservoir was constructed in 1978, and has been in continuous service for 34 years. The reservoir has performed in an exemplary manner in providing adequate storage to meet domestic, industrial, and fire protection needs for the community. In 2011, the City hired a consultant to perform a condition survey of the existing reservoir (attached). Not surprisingly, given the age of the coating system, the engineering consultant found: "The interior coating system shows signs of extensive coating failure after its years of service, The roof coating has failed over 30% of the surface and shell coating has blisters on 85% of the shell surfaces. The wall blisters are beginning to crack and cause large scale underfilm corrosion and delamination. There is no serious metal loss at this time but the tank will probably need to be repainted in 1 -3 years." Re- coating the City's water storage reservoir is a highly - technical process which will require a four to six period during which the three - million - gallon reservoir will be out of service. The process includes but is not limited to: 1, Draining the reservoir. 2. Removal of all silt and other debris inside the reservoir. 3. Installing interior scaffolding 4. Removal (sand blasting) of the existing coating system. 5. Non - destructive testing of the reservoir roof, floor, and walls to verify structural integrity. 6, Repair of any damaged surfaces and /or structural members. T Installing updated level control system. 8, De-humidification of reservoir interior to facilitate re- coating. 9. Preparation of interior surfaces 10. Re- coating (multiple coating layers.) Page 105 of 134 Without the construction of either a temporary or permanent alternate water storage reservoir it is impossible to remove the existing three million gallon water storage reservoir from service. We have explored temporary water storage and found that to meet the minimum requirement of at least one day's water demand ( +/- 9,000,000 gallons) and found that temporary water storage is not feasible given that the water must be potable, and the volume of temporary storage results in significant costs, approaching costs of permanent storage. Additionally, the City water utility experiences a 3 % -5% increase in water consumption annually. In order to maintain three day water storage capacity a new one million gallon reservoir will be required within the next 10 years. In evaluating the priority of the City's capital needs it is oftentimes difficult to accurately gauge the specific need. This project was determined to be the City's number three capital priority for 2012. In the event there was a failure of the existing three - million - gallon water reservoir this project would instantaneously become the City's number one priority. Page 106 of 134 210 Fidaigo Avenue, Kenai. Alaska 99611 -7794 Telephone: 907 - 283 -7535 J Fax: 907 -2€33 -3014 www.ci.kenai.ak.us Shop (Requested Appropriation The City of Kenai's Equipment maintenance Shop provides services to the Public Works, Streets, Parks & Recreation, Fire, Police, Airport, and Senior Center Departments. It maintains over 400 pieces of City equipment. The existing shop is over 30 years old, undersized, and not conducive to an efficient maintenance program. The size of the existing shop does not allow for the storage of equipment which is being worked on and waiting for parts, resulting in the equipment needing to be towed outside to make room for other maintenance work. Several pieces of equipment are too large for the existing shop. When large equipment requires maintenance, the work must be conducted outside. There is not a comprehensive ventilation system, nor is there separation between the welding area and the remainder of the shop. We use an adequate system of individual ventilators, but it is not an effective system. The parts room is a conex which has been connected to the shop. Bathroom /wash facilities are minimal, and the shop does not have a shower, other than in an emergency station. The City has already conducted a needs analysis and hired a design consultant to complete the design documents, the 35% design documents are included. The cost estimate for a new shop is as follows: Sitework $ 100.000 Building Construction (Shop) 2,750,000 Building Construction (Equip. Storage) 2,000,000 Fixtures & Equipment 500,000 Design, Administration & Contingency 650,000 Total $ 6,000,000 The City of Kenai has planned for the construction of this new facility and has dedicated $4,000,000 from General Fund reserves and other revenue sources to construct the shop phase of the project. The City's request is for a matching $2,000,000 appropriation from the State for the heavy equipment storage facility. Page 107 of 134 En rrT� F� s� J W W Vi iL YA f 1 V z"'Qv n W WSJ°` Jcu z w _ y" 9 � I 7 U W z.m a z d an 1 1 .� x r ii Er1 1 4� f{ All z+ 1 DIz N r rn z s i � > a t U .-1 I wz�Wo aO o` A5$ z I eY Page 108 of 134 ¢ o k uin W � P % ( \ , -=. I Jo A ( \ F if u-i 411 L " I II F77 7-11 - - - - ---------- - 11 E�-Illli 1n � mMs u VASVIV'IVN3X AMIDvi �Oov"3114fvo IVNRN �o AIID I 1 �� � p�� tl1tStl5b' VN3N h$';; (� ) ��G Alfll�tll 3NNVN31NItltld 3'1:JtH3A B IR d 'c GIG, I .. .w,._ " "9N1833NI9N'- _3n:vn -unrcan ouw w i ICIC IC;O DO �GC i G'U ill C F r €II„ 0�0 I I 1 I oiolol a �I 1, Gs" GIG, I 0Gi OIG;, —' L�.�L Hull. 0501 Ot0 F r €II„ 0�0 I I 1 I oiolol a �I 1, Gs" 3MVA - NDISHC _am 3MVA - NDISHC MA ~f J � (Requested Appropriation 00 o) The City of Kenai owns and maintains over 64 miles of municipal roadways. Over 15 miles of these roadways are constructed only to improved gravel standards. Over the past four years the City has undertaken projects to improve approximately five miles of gravel roadways to a paved standard affecting over 350 properties. These projects include pavement„ drainage, safety, and signage improvements. Funding for these projects has been accomplished through local improvement districts (LTD's), where the City, using City /State funding has funded 100% of the up -front costs of the improvements with assessments being levied upon properties in the LID for 50% of the project costs, resulting in shared 50/50 projects. The City desires to continue this program of LID improvements. The benefits include but are not limited to: 1. Improving air quality 2. Improving the quality of storm water run -off 3. Decreasing maintenance costs 4. improving safety 5. increasing property values 6. Creation of local employment Based on historical data, and contingent upon the condition of specific existing gravel roadways, $1 million of funding will improve one mile to two miles of roadways to paved standards. Page 115 of 134 M ® age wieh a Past C# with a fidure ff 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 R#.1: The City of Kenai's Wastewater Treatment Plant (WWTP) was constructed in 1982. It was sized to accommodate a population of 11,650 people and an average wastewater flow of 13 million gallons per day (mgd). The present population of Kenai is approximately 8,000 and average wastewater flow is 0.90 mgd, or 70% of the plant design capacity. A Wastewater Facility Master Plan was completed in March 2004 by CH2MHill. The cost estimate for recommended improvements totaled $5,198,000 (in 2004 dollars) and were identified as being accomplished in four phases. Estimated costs have been increased by 32% to account for construction inflation. The four phases identified by CH2MHill are not consistent with the proposed phasing as a result of funding constraints and improvements that have already been accomplished. The issues to be addressed by this project are as follows: 1. The City's WWTP Alaska Pollution Discharge Elimination System (APDES) permit will be renewed in 2013. Presently, the City's permit does not specify a limit for ammonia in the wastewater plant discharge. Our research has shown that recent permit renewals have required relatively low ammonia levels for the effluent (i.e. Palmer). The ammonia levels in the City's V'MITP discharge may fail to meet what appears to be the standard required by ADEC. 2. The existing sludge belt press is 25 years old, and while not functionally obsolete, it requires major maintenance /upgrades in the near future to maintain system reliability and compatibility with control systems. Because the WWTP has only a single sludge belt press the press, cannot be taken out of service to accomplish major maintenance tasks. 3. Two of the aeration basins exhibit a structural failure of the concrete wall which separates the basins. There is a breach between the two and as such the two basins must be operated as a single unit. 4. The existing rotary screen has been removed from operation, resulting in excess solids being introduced into the treatment process. The screen has been Page 116 of 134 removed from the process because it often clogged resulting in raw waste flowing onto the floor in the headworks facility. 5. The present system does not provide an efficient method to control aeration. Blowers provide three to four times the necessary oxygen to the aeration basins. 6, Existing course bubble diffusers are not efficient. 7. Existing system does not effectively manage sludge. The following is a description of improvements proposed under phase 1 of this project: The installation of a second sludge belt press will provide system redundancy and allow for the existing sludge belt press to be taken out of service for an extended period (4-6 months) while major maintenance upgrades can be accomplished. A new belt press and conveyer system will address the ADEC observation during the 2009 inspection that the transfer of solids to trucks resulted in solids falling onto the floor in the headworks facility. Solids Removal System The installation of a solids removal system to work in conjunction with the existing grinder will result in solid s removal meeting the EPA paint test and decrease demands on the treatment plant /system. Activated Sludge System Improvements Upgrade Fine Bubble Aeration Upgrade Aerobic Digester Blower System The blowers currently provide three to four times the necessary oxygen concentration to the aeration basins and there is no way to efficiently control this with the existing equipment. The installation of one small blower with a variable speed motor, the installation of variable speed motors on the existing blowers, the installation of a new control system, and replacing the coarse bubble diffusers with fine bubble diffusers will result in improved treatment and a significant drop in power consumption. 2. Upgrade Waste Activated Sludge (WAS) System Upgrade Return Activated Sludge (RAS) System The activated sludge treatment process works best when a steady low flow of sludge is returned to the aeration basin (RAS). The pumps currently in use return too much sludge In too short a time to the aeration basin resulting in system failures, increased maintenance and increased energy consumption. The WAS pumps currently in service are a progressive cavity type that require frequent service. Replacement with a simple centrifugal pump system would lower maintenance costs and improve treatment efficiency by allowing a steady flow of sludge to the aerobic digestion tank rather than large intermittent flows. The upgrades to the RAS & WAS Systems, and the upgrades to the aeration system will significantly improve the performance of the WWTP in terms of decreasing the costs of Page 117 of 134 aeration, improving the settleability of the sludge, and minimizingieliminating permit non- compliance incidents. • �: � �: ,. . rrr The addition of a second sludge belt press will require the re- location of the WWTP laboratory. There is not sufficient space anywhere within the existing building to accommodate laboratory operations. The construction of a 1,000 s.f, addition to the WWTP Control Building will provide the room necessary for a fully functioning laboratory sufficient to support the operations of the WWTP. Operations and maintenance costs will be reduced as a result of improvements constructed under this project. Page 118 of 134 Utilities (Requested Appropriation $500,000) The Construction of the initial phase of the Kenai Industrial Park was funded through a Legislative Appropriation in SFY 2012. Phase I of the Kenai Industrial Park Project is on schedule for platting to be complete in late 2012, with construction to begin in early 2013, To incentivize the development of the industrial park, the City of Kenai will recognize a leaseholder's site development costs as a 100% credit against future lease payments. These credits will include, but not be limited to, costs associated with clearing & grubbing, unclassified excavation, and classified fill and backfiil. In some cases, leaseholders may not be burdened with lease payments for as many as five years. These improvements will always be to the future benefit of the City of Kenai and will provide businesses, especially start -up businesses, substantial cash -flow benefits. The Industrial Park is comprised of 20 -25 lots totaling over 1,600,000 square feet, or 37 acres in area. To date, 6.8 acres or 18% of the area, of the Industrial Park has already been leased to Buccaneer Alaska Operations, Inc. The City is presently in negotiations with several interested companies for substantial area within the industrial park. The majority of interested companies are associated with the revitalized oil & gas industry on the Kenai Peninsula. The location of the Kenai Industrial Park, on well maintained roadways, served by public utilizes, and adjacent to the Kenai Municipal Airport has proved attractive to established and new companies. This project phase will extend the utilities constructed in Phase I, to serve an additional +/- 18 acres of the industrial park. Page 119 of 134 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 /Fax: 907 - 283 -3014 www.ci.kenai.ak.us '1 x. (Requested ,. s ,f' » 5 J A The State of Alaska Personal Use Fishery is both a positive and a negative for the City of Kenai. We welcome our Alaskan neighbors to take part in this fishery, however the activity has grown to such a level that the existing resources which the City provides are not adequate to respond to the crowds. There are a number of issues which need to be addressed, these include enforcement, data collection, and State funding for capital projects to assist the City in providing a parking and camping area for the up to 15,000 individuals which participate in the fishery on a daily basis. Our residential subdivisions near the beach are being over -run with vehicles /campers as they simply do not have alternative places to park. On one day during the last year's season an estimated 15,000 people were participating in the fishery at the mouth of the Kenai River, and 10,000 participants Is commonplace. One specific issue is the amount of fish waste that is deposited on tidelands owned by the City. When participants clean fish the fish waste is often thrown into the river /ocean where it ends up being washed up to the tideline. The City attempts to remove the decomposing fish waste each evening by utilizing a tractor with a rake to transport fish waste. The City recommends that fish cleaning stations be constructed in three locations, (North Beach, Boat Launch and South Beach) and that disposal of fish waste from the personal use fishery into the Kenai River be prohibited by regulation. Estimated costs for the construction of three fish cleaning stations is as follows: Water Systems Site Preparation Wastewater Disposal Systems Cleaning Facilities & Appurtenances Design, Administration & Contingency Sub -Total Less SFY 2013 Appropriation $100,000 30,000 60,000 75,000 35.000 $300,000 (150,000 SFY 2014 Request $150,000 The fish cleaning stations could also be used as data collection, and enforcement stations for ADF &G and AST. Page 120 of 134 ZI 0 cb C6 IQ Ll� q R LU ui z z z z uj LLJ Lu cn LU < 2E ZZ 2 LU 0 06 w 06 -6 z Elf w m a) < LL w o- w w 0 m tr LU m m U) 0 EL < Lil U) U) W 1- Iz 0 z CD z >- c F LLI 0 C. x Lli u Ir Ff 0 LU D m m < > co U) uj Q Lli LLJ 0 CO z < CE ul z Es m 0 U) z 0 Lu 0 uj w z w uj Lu — LU x < U) z u z z co LU Of ui p� x uj CD w 0 cu V) < OL CC: F- 0 z LU C) U) w LU LU LU 0 nf 0 0 U) m W U) z w LU C�) w w J LU Cf m Lli Ir w 0 2 (D (n 0 >- of w IL LLJ CD a- m LU — uj < x < < M C) w uj < D 0 m z CD U) 0 < z m 0 U) LL CO LLI < x uj Aj 0 LU < 0 < !Lj (D > LL 3: < U) < Page 121 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 122 of 134 4 "sicV xIVIE'D January 19, 2013 jc' °3 City Clerk Kenai, AK To Whom It May Concern: Per application requirements for Gaming activities; more specifically raffles, being conducted within your region under our Gaming Permit, we are forwarding you a copy of our application. This keeps us in compliance with State requirements and regulations. If you have any questions or concerns, please call our office at 907 -272 -1229. Best Regards, Gretchen Kenney Executive Director 330 E. 9`a' Avenue, Suite 201 — Anchorage, AK 99501 Tel. (907) 272 - 1229x201 —Fax (907) 272 -1289— Email. akhla *,4aha.ork Page 123 of 134 OPA SigAatum Page I RNIZ 11:7 AM Alaska Deparin ant of Revenue Pe€mittee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the f01101WIng address; •� c t. y, Pleas=_ Nola: The Primary and Alternate Members. in, Charge must legibly print their names and sign.and date the signature page: An Officer who is not a Prima,:y or Alternate Member must legibly print his or her name and sign and date the signature pane, if your organizalion Is applying for self- direr' bingo, and /or Pull-tab permitfs}, the M4haj e of Games must also legibly print his or her name and sign and dace the signature page, Your permit application will not be processed until a, completed Signature Page bas been received by the Department.: Year Gaming PermitfUcense PermitEee Name EINIATIN Application Number Electronically Paid Amount Payment Receipt 3 0 Alaska Hotel and Lodging ,Association Inc 920125051. 19216: 0.00 We daClere, underpenallyofururOom faisillcafion,that we have examined thisapplication, innluding ai7yaffachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made: on the application or any attachments is punishable bylaw. By our signatures below, we, the primary member, the alternate members and of Sod& cable, the manager ofgames, agree to ago €he D ape rtinant of ivaBVenLte to rftViA n ,/iPP/lif0P ^!j -i`,`: A,, c`tuW ttl Fdfl Cif llaU. 14. _ �- /!• 2C� 12- hRP+:/ ImYalasks. rtare :ak.crstl'AX01'RLiSlgnauveaspx Page 124 of 134 It /_+1_11/gip 2- 12-- Page 1 or 6 I haps:l lmtalaska. smteak.usffA%OpAU3+gnacure.aspx Page 125 of 134 11:07 AM Page 2 06 OPA Signacare Page Organization information Year Permit requested for 2013 Federal EIN or Alaska Tax Identification 920125061 Number Name of Organization or Municipality Alaska Hotel and Lodging Association, Inc Mailing Address One 330 E 4th Ave Ste 201 City, State Zip + 4 Anchorage, AK 99501 Telephone Number (Ail numbers include area (907) 272-1229 code) Fax Number (All numbers include area code) (907) 272 -1289 Organization Website Address (If available) www.akhla.org Type of Organization Non Profit Trade Association Organized As Association Specify the organization type How will activities be conducted? Vendor Pull -Tab sales at bar 1 liquor store, Multiple - beneficiary Permittee in partnership or joint venture with 2 - 6 organizations Does the organization have 25 or more members who are Alaska residents as yes defined in your articles of incorporation or bylaws? Have the organization's articles of incorporation changed? No Have the organization's bylaws changed? No Estimated cross receipts for year orior to application year: 4)Lu,uu-1 - "�-iuu,uuu Game Types Facility or Location - Specific - Unrestricted Bingo Pull -Tabs 11111 1/endor Information Name of Bart Liquor Store Asia Gardens Address Line One 7828 Old Seward Highway City, State Zip + 4 Anchorage, AK 99518 Name of Bar / Liquor Store Address Line One 17501 Mt. Mckinley Drive 11120/12 11:07 AM https:/( myalaskastate .ak.us /TAXOPALISignature.aspx Page 3 of b Page 126 of 134 OPA Signature Page City, State Zip + 4 Seldovia, AK 99663 Name of Bar / Liquor Store Reilly's Irish Pub Address Line One 4811 White Birch Lane City, State Zip + 4 Anchorage, AK 99503 Name of Bar/ Liquor Store Jaybuff linc, dba JJ's Sports Address Center Address Line One 624 Muldoon Road City, State Zip + 4 Anchorage, AK 99504 Multiple-beneficiary Permittee (MBP) MBP Name Boniface Bingo MBP Permit Number 1503 Location-specific Game Types Bingo, Pull-Tabs Area-based Game Types lhanii6ari in Charge l Manager of Games What position does this person serve? Primary Member in Charge First name Gretchen Middle Initial Last Name Kenney Address 12975 Chapel Drive City, State, Zip Anchorage, AK 99516 Daytime Telephone (907) 272-1229 hA o'lle i,lumfb­ IVI Ln IN UU1 11�11 -11 ­_ k VU 1) 4 1 z7-141 zi Email Address gretchen@akhla.org Has this person taken the test? No Wriat position does this person serve? First name Middle Initial Last Name Address City, State, Zip Daytime Telephone Mobile Number Email Address Has this person taken the test? Alternate Member in Charge Clayton Halverson 912 Clay Ct Anchorage, AK 99503 (907) 278-4604 (907) 223-3565 chh@gci.net No What position does this person serve? Alterna First name Kirsten Middle Initial https:I/myalaska.state.ak.usITAXOPAL/Signatum.aspx Page 127 of 134 Member in Charge 11/20/12 11:07 AM Page 4 of 6 OPA Signature Page Last Name Myles Address 473 Dailey #11 City, State, Zip Anchorage, AK 99515 Daytime Telephone (907) 274 -8133 Mobile Number Email Address kmyles @aiaskacharr.com Has this person taken the test? Yes Permit number under which the test was taken 346 What position does this person serve? Alternate Member in Charge First name Alicia Middle Initial J Last Name Maltby Address 1831 Commodore Drive City, State, Zip Anchorage, AK 99507 Daytime Telephone (907) 252 -8111 Mobile Number Email Address amatiby @alaskacharr.com Has this person taken the test? Yes Permit number under which the test was taken__ 346 __ _ What position does this person serve? Alternate Member in Charge First name Sarah Middle Initial M Last Name Mulligan Address 1838 Bootlegger Cove Drive City, State, Zip Anchorage, AK 99501 Daytime Telephone (907) 274 -8133 Mobile Number (907) 223 -7138 Email Address smulligan @alaskacharr.com Has this person taken the test? Yes Permit number under which the test was taken 2478 Legal Information Persons convicted of a felony, extortion, or a violation of a law None Persons with a prohibited conflict of interest None r- 11/20112 11:07 AM httpst / /myalaska.state.ak.us ITAXOPAL / Signature .asjux Page 5 of 6 Page 128 of 134 OPA Signature Page The net proceeds from gaming activities will be used to provide services and benefits to the members of the Alaska Hotel & Lodging Association Attachments Title (Type), Description MJJ's Sports Centeroo0j.pdf ht'Ps:/fmyalaska.srate.ak.us/TAXOPAL/Signature.mpx Page 129 of 134 11120/12 11W AM Page 6 of 6 NOV '2 ?'2012 TVE 10 10 AM ADOR CRARITAELR CAKIRO GAIT FA%P907106495 A fill, 4t. FaeffiNa43asad Games. t��,sg.rit.a„o-m.et ,r F.006 tJAdd 'Fae0lty Name Daiwa) (Earwuquor StOre Name )physical Address City Isle te 'Zip Code l AK I Facdaty I ype check or>a Game Type yp �D nn �BkIgP ❑Ra99tlaa uPuR bs El Animal classic thicken (chicken)- ;�Ol wnatl lsesatl Donaketl toh all that aPpN) JAnimal classic (rat race)' J Special pro, (his, '^ L Celcutla pool" ' 'JAdtl }Fadllty Name �PhysloalAddrese lolry Physical Address city f21prode .ni Dsi gg l6[ate AK l IFaulty Type ,check onal Type I(v[eck �gatg� ['j gaggle 'Pull -cats C,jAnimal lassie I Owned leased ❑ Donated (G sit that apply) (chicken° ❑Animal Gasslc )rat racah' �:1 Special praw raffle "' � C tculta _ Door. - — '... -- •... ..an .m a+ .. auncn a 9apanne snea Add Area Game type ID Delete j SC F iG o I (dhactc off that ap w DAdd I Area Gam type _D Delete i (rkreck all that aPPiY) Manager of Gaines Required only foraNf- directed pulMabs and bins _- --= Ado Manager First Name jM! iMa7edler 4es! tJarna �Delata I I _ Home Mailing Address CPNast Of Sidi) _I Fish oerby or' contesi ❑ Classic (specih Contes:olskiJ ❑Fehderbl Number IDBYmhd PhOne Number iHas the manager of games passed Ipemnt # uncer which EfiacNve Date of Change the Pest? El yes ONO Iles: was taken Chanae of Vendor vAe.i�_ , ,..,x, °ou ,. ,_ .. �DAdd (Earwuquor StOre Name Physical Address jClry State iZip Code �oeleta Physical Address Clty State Zip Code ' AK Add Bar of Liquor Store Wflme �PhysloalAddrese lolry State �ZI Code p Dadne AK nAdd Bar or Liquor Store Name PhyeicalAddrese Ciiy Stars iZip Cetle —ry Delete _igarror _ ( AK State COtle f { Add l'F[uor Stare NZma .. ;PhyslcalAddress ��Ciry Delete (Zip AK ram.,..., s n­­_ "._ _ � _.. _. - -r -•.- •r. =o.y. �o�c upc.cw.. n aunng en sheet. opera[ar, ai[acn a signed operaGnp cenlract if more her, one change, aftach a separate f7 Add Operator Ltcansa# j0pesator adiftyr ms cameo [s LtDelata ( yPe. ) PnysiCei Address Slate !Zip Code Change Of Mutflpla BBnB1-iGlary Idern9f1E@E (MBP). Designaw the MBP, if adding an MEP, attach a woy of the signed agreement, if more than one cnarlae. akach a sennratn nh>wf �Add hDelete MBP POrtni[# MBP Name �FadWty Name Game iype(s) Physical Address Clty State Zip Code _- . - -.. , v- •+ =r.. wo�..w n. uemn now she _._..__._ . use or hot prcteeds `om coming aciivties will Page 130 of 134 04DE -82f3A Rev 0800. page _._ area -used rrssarnaaero—n .................. Area Talkeetna Game Type(s) Raffles Area Anchorage Game Type(s) Raffles Area Denali Borough Game Type(s) Raffles Area Denali hlational Park Game Type(s) Raffles Area Fairbanks Game Type(s) -A Raffles m- Girdwood Game Type(s) Raffles Area Ketchikan, Cityof Game Type(s) Raffles Area Seward Game Type($) Raffles Area Kodiak _ Game Types) Raffles Area —�° Copper Center G Game Type(s) Raffles Area atanuska- Susitna Borough Game Type(s) , Raffles Area Ancnorage, Munidpalfiy of Game Ty– – _ pe(s) Raffles Area Game Type(s) Area Game Type(s) Raffies Kenai Pe Raffles Page 131 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 132 of 134 January 15, 2013 THE STATE City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 of Gt ?VHRN0R S ii, AN, PARivHLL RE: FY 14 POPULATION DE'rERMINAIION' Dear Mayor: Department of Commerce, Community, and Economic Development DWISIUK OF CONiMU dITY AND REGIONAL APTAiRS �lot3 , Cgy 550 West Sevenih Avenue. Suite 1640 An&iorage. Alaska 99601 Main: 907.269.4501/907.269.4581 Progroms fax: 907.264.4539 The Department of Commerce, Community, and Economic Development annually certifies the population of each municipality for use in various financial assistance programs based upon population estimates prepared by the State Demographer, at the Department of Labor and Workforce Development_ The 2012 population of the City of Kenai has been deterrrrined to be 7,132. If you do not agree with this figure, you may request an adjustment to your population by using two approved methods — Head Count Census and Housing Unit. Municipalities with a population of less than 1.000 must conduct a `9iead count census ". Municipalities with a population of 1,000 or more tray conduct a "head count census" or use the "housing unit" method, to estimate the population. The department requires that the population adjustment process be completed and postmarked by .April 1, 2013 and that the request include: Comprehensive documentation of fl1e proposed population figure using either of the approved methods, and 2. A resolution of the governing body (assembly or council) adopting the new population. If you choose to request a population ad�iustment, please review the Head Count Census and. Housing Unit Method manuals that the department has published to assist you with this process. These manuals are available at ham:/ /commerce.alaska. fov /tics /. You may also contact the department for a copy of the manuals. Call (90 7) 269- 4521 or send an email to DCR t12.esemchAndl nalvsi:, a2alaska .,gov for additional information. Sincerely, Scott Ruby, Division of Community and Regional Affairs, Director Cc: Division of Community and Regional Affairs, Research and Analysis Section Division of Community and Regional Affairs, Commruiity Aid and Accountability Section Page 133 of 134 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 134 of 134 NOTICE OF PUBLIC HEARING FEBRUARY f ill t 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. 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). 2. 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 Sup°ri-r Court in Kenai Alaska by an Interested Party. 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. FEBRUARY 6, 2073 REGULAR COUNCIL MEETING REQUESTED AMENDMENTS TO THE AGENDA AGENDA ITEM REQUESTED BY: Remove Executive Session City Attorney Bloom ? » < . , ,< . \ ) C \ } \ ( CN 2 / \`\ < j\ { { . < « \ j § \ \ z : : . 0 U) a. _ . 2 C ch ) { « 2 \ ( o.> \ \ { 2 , CID 4) . . 0 0 � . . . � 0 - \ : z U) co LLJ 0 44 Vl L. ' .0 (li C[i Qi ,«� Ct3 tii a� -v CJ 47 cz 0) CU 7 U) cu �. *, is 1 , �=� — !_ I �, .; _ _ _r_ .sa,�t c ry Q CD M Co o �►, Cl) swoo � M .� -`�-� CL � QJ .k al cn 0 .0 U) I LLJ Q) 0 o Q) 0 > E 0 a) 0 -0 CL zs tn c 3. 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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). 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. 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