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HomeMy WebLinkAbout2013-02-20 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 17 PACKETS Council Meeting Date:- —�c�i� Mayor Council - 3 packets Clerk Y, City Manager X City Attorney Finance Libra Fire De artment Cunningham Kebschull Student Rep. Hall Binder Schmidt KSRM Mellish ELECTRONIC COPY NOTICE � � / K6 Send out notice to Council and All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. 0 Z M W T W O2 N O J NU } Z QO �U m Q W J LL � W w L } U m 0 D W N H m N c W co co W � U ui 0 O � U O w = O = O o� O C N N �U 0 O '@ c O =Y 0 Q_0 a� L — LL c — _ m C � ` O LL O � O N C U _ U CL O (D U) U � Q H � N T 0 T O M O r O N — O m Z N c c- 0 0 wy 3� o� N O d � O W O "O F T C 0 Q O 0 y LL Z O a W U 0 U Q w (n AGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 20, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenal.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 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 5 [Clerk's Note: Ordinance No. 2675 -2013 was postponed from the February 6 meeting to the February 20 meeting.] 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 ( ICAC) . ......................................................... Pg 11 3. 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 13 4. Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund . ............................ Pg 17 5. Resolution No. 2013 -06 — Respectfully Requesting that the Alaska Board of Fisheries Meeting, Scheduled for January 29, 2014 Through February 11, 2014, to Consider Upper Cook Inlet Finfish Issues, be Held on the Central Kenai Peninsula. ................................................................................................................ Pg 19 6. Resolution No. 2013 -07 — Authorizing the Police Department to Accept Ownership of a Vehicle Forfeited in a Federal Investigation ........ .............................Pg 23 (Clerk's Note: Council may enter into executive session pursuant to AS 44.62.310 (c) (4) for further discussion.] 7. Resolution No. 2013 -08 — Awarding a Bid for Voice Over IP Equipment to B2 Networks LLC. at a Total Cost of $70, 382. 60 .............................. .............................Pg 25 8. Resolution No. 2013 -09 — Approving the Purchase of a Trackless MT6 with Snow Blower Attachment from Yukon Equipment Inc. for an Estimated Cost of $ 139, 613 ..................................................................................... .............................Pg 27 9. Resolution No. 2013 -10 — Approving and Adopting Management Alternative Three for Management of Fish Waste and Other Solid Waste for the 2013 Personal Use Fishery .................................................................. .............................Pg 41 10. Resolution No. 2013 -11 — Accepting a Grant in the Amount of $200,000 from the U.S. Soccer Foundation for the Installation of a Turf Soccer /Football Field at Kenai Central High School .......................................................... .............................Pg 61 11. Resolution No. 2013 -12 — Authorizing a Budget Transfer within the General Fund — Non - Departmental to the City Manager's Department for Outside Legal Services for Building Code Enforcement ..................................... .............................Pg 75 E. MINUTES 1. 'Work Session Notes of February 6, 2013 (Dipnet Fishery) ........ ............................... Pg 77 2. "Regular Meeting of February 6, 2013 ......................................... ............................... Pg 79 F. UNFINISHED BUSINESS 1. Discussion /Action — City of Kenai Boards, Committees, and Commissions ............. Pg 87 [Clerk's Note: At its November 21, 2012 meeting, Council directed the City Manager /CIerWAttorney to provide a work product of their review at the February 20, 2013 meeting.] G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified ...................................... ............................... Pg 89 2. Action /Approval — Purchase Orders Exceeding $15, 000 ......... ............................... Pg 91 3. Action /Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for a Portion of Property Described as Township 6 North, Range 11 West, Section 33 Seward, Kenai, Alaska . ....................................................... ............................... Pg 93 4. Action /Approval — Non - Objection of Liquor License Renewal(s): ........................... Pg 115 • D &E Investments Inc., d /b /a The Bow • BPO Elk's Lodge #2425 City of Kenai Council Meeting Agenda Page 2 of 4 February 20, 2013 H. • Three Bears Alaska Inc., d /b /a Three Bears • Peninsula Oilers Baseball Club Inc., d /b /a Peninsula Oilers 5. Discussion — Changing the Regularly Scheduled City Council Meeting Start Time from 7:00 P.M. to 6 P.M. 6. Discussion /Action — Personal Use Fishery Recommendations to Administration... Pg 133 7. *Ordinance No. 2679 -2013 — Increasing Estimated Revenues and Appropriations by $47,625 in the General Fund and by $30,000 in the Personal Use Fishery Capital Project Fund .............................................. ............................... Pg 153 8. *Ordinance No. 2680 -2013 — Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Project Fund for a Personal Use Fishery Grant from the State of Alaska ............. ............................... Pg 157 1. Council on Aging 2. Airport Commission 3. Harbor Commission ................... ............................... 4. Library Commission ................... ............................... 5. Parks and Recreation Commission .......................... 6. Planning and Zoning Commission ............................ 7. Beautification Committee 8. Mini -Grant Steering Committee . ............................... I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS Pg 161 Pg 163 Pg 167 Pg 169 1. City Manager ............................................................................. ............................... Pg 179 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — Pursuant to AS 44.62.310 (c)(4), Council May Enter into Executive Session During Discussion of Resolution No. 2013 -07, Regarding Matters Involving Consideration of Government Records that by Law are Not Subject to Public Disclosure. 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 City of Kenai Council Meeting Agenda Page 3 of 4 February 20, 2013 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.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ......................... Pg 197 2. Report to Council from the Deputy City Clerk Regarding Destruction of City Records.................................................................................... ............................... Pg 199 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 4 of 4 February 20, 2013 Suggested by: Legal Department CITY OF KENAI ORDINANCE NO. 2675 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.20.300 APPEAL TO SUPERIOR COURT, TO SPECIFY THAT APPEALS OF BOARD OF ADJUSTMENT DECISIONS MAY ONLY BE TAKEN TO THE SUPERIOR COURT IN KENAI, ALASKA BY AN INTERESTED PARTY. WHEREAS, KMC 14.20.300, Appeal to Superior Court, provides for appeals of Board of Adjustment decisions to be taken to the superior court by any person; and, WHEREAS, it is in the best interest of the City of Kenai to require that decisions of the City's Board of Adjustment be appealed to the Superior Court in Kenai; and, WHEREAS, it is further in the City's best interest and in conformity with applicable court rules to require that only interested parties may bring an appeal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 14.20.300 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.300 Appeal to superior court, is hereby amended as follows: 14.20.300 Appeal to Superior Court. An appeal from any action or decision of the Board of Adjustment may be taken by [ANY PERSON] an interested party to the Superior Court in Kenai. Alaska under the rules of appellate procedure governing anneals from administrative agency decisions [AS PROVIDED BY STATE LAW nand applicable ordinances. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Ordinance No. 2675 -2013 Page 2 of 2 Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6+h 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] "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us NV MEMORANDUM TO: Mayor Porter and Members of the City Council FROM: City Attorney, Scott Bloom 54 DATE: January 11, 2013 RE: Ordinance No. 2675 -2013 Amending Board of Adjustment Appeals Procedures City Code provides that appeals from decisions of the Board of Adjustment can be taken to Superior Court by any person. It is in the City's best interest to specify that appeals must be filed in the Kenai Superior Court where the City's resources are and only by interested parties, or those aggrieved by a decision of the Board of Adjustment. While the Legal Department plans a more comprehensive review of the Board of Adjustment process and procedures in the near future, it is recommended that this change be adopted sooner rather than later. Thank you for your consideration. u "Wla9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and City Councilors FROM: Scott M. Bloom, City Attorney 515 DATE: February 14, 2013 SUBJECT: Amending Ordinance No. 2675 -2013 Ordinance 2675 -2013 Amending Board of Adjustment Appeals Procedures, was postponed at the City Council meeting on February 6, 2013 to allow for more time to consider potential amendments. I recommend the Council move to amend the Ordinance prior to adoption. The recommended amendment is shown in bold as follows for demonstrative purposes: 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: 14.20.300 Appeal to Superior Court. An appeal from any action or decision of the Board of Adjustment may be taken by [ANY PERSON] an interested ea fay any aggrieved person to the Superior Court in Kenai, Alaska under the rules of appellate procedure governing appeals from administrative agencv decisions [AS PROVIDED BY STATE LAW1 and applicable ordinances. The reason for the amendment is that the amended language better describes that any party to an appeal that is negatively affected, or aggrieved, by a decision or action of the Board of Adjustment may appeal the action or decision to the Superior Court in Kenai. Not only is such language more specific, but it is also consistent with AS 29.40.060, Judicial Review, which controls appeals from borough boards of adjustment and the specific designation of standing has been approved by the Alaska Supreme Court in Griswold v. City of Homer, 252 P.3d 1020 (Alaska 2011.) The relevant section of the ordinance as amended, if approved, with proper legislative formatting is shown as follows: Mayor Porter and City Councilors February 14, 2013 Page 2 of 2 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: 14.20.300 Appeal to Superior Court. An appeal from any action or decision of the Board of Adjustment may be taken by any aggrieved person to the Superior Court in Kenai, Alaska under the rules of appellate procedure og verning appeals from administrative agency decisions FAS PROVIDED BY STATE LAW] and applicable ordinances. Thank you for your consideration. L:\Council\Memo\AmendOrd2675-2013MemoO2l4l3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2676 -2013 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 (ICAC) 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 KENAI, 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 Cler Approved by Finance:c2 t� PAT PORTER, MAYOR Introduced: February 6th, 2013 Adopted: February 20th, 2013 Effective: February 20th, 2013 New Text Underlined; [DELETED TEXT BRACKETED) j IlVillllaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIII� 1992 theu�yof KENO AL SKA MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 1/30/13 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). ICAC 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 FY13 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 1/30/13. I am requesting an ordinance appropriating $3,260 into the General Fund - Police Transportation account. Suggested by: Administration CITY OF KENAI NO. 2677 -2013 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 FY12 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, fixture 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 Fund 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 New Text Underlined; [DELETED TEXT BRACKETED] 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[ u "Vllaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIIt 1992 MEMO* TO: Rick Koch, City Manager FROM: Rachael S. Craig, Senior Center Director DATE: January 29, 2013 SUBJECT: Senior Center Radios We applied to the Mental HealthTrust 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. Suggested by: Administration thecYynf CITY OF KENAI KENAIALA SKA ORDINANCE NO. 2678 -2013 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 Cl k Approved by Finance: PAT PORTER, MAYOR Introduced: February 6, 2013 Adopted: February 20, 2013 Effective: February 20, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Mayor Pat Porter CITY OF KENAI RESOLUTION NO. 2013 -06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESPECTFULLY REQUESTING THAT THE ALASKA BOARD OF FISHERIES MEETING, SCHEDULED FOR JANUARY 29, 2014 THROUGH FEBRUARY 11, 2014 TO CONSIDER UPPER COOK INLET FINFISH ISSUES BE HELD ON THE CENTRAL KENAI PENINSULA. WHEREAS, the consideration of Upper Cook Inlet Finfish issues are important to, and directly affect many residents of the Central Kenai Peninsula; and, WHEREAS, Central Peninsula residents are comprised of many individuals involved in commercial fisheries, sport fisheries, subsistence fisheries, and personal use fisheries; and, WHEREAS, many Central Kenai Peninsula residents derive their livelihood from Upper Cook Inlet Fisheries ; and, WHEREAS, it is a significant burden to travel to Anchorage and stay for an extended period to ensure an individual is able to testify before and have their concerns heard by the Alaska Board of Fisheries; and, WHEREAS, it is consistent with the mission of the Alaska Board of Fisheries to provide an opportunity for affected Alaskans'voices to be heard; and, WHEREAS, venues of sufficient size having necessary support technology are available in the Central Kenai Peninsula to successfully hold the Alaska Board of Fisheries meeting; and, WHEREAS, the Municipal Governments and residents of the Central Kenai Peninsula would be gracious hosts, and appreciative of the opportunity to host the Alaska Board of Fisheries. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council respectfully requests that the Alaska Board of Fisheries Meeting scheduled for January 29, 2014 through February 11, 2014 to consider Upper Cook Inlet Finfish Issues be held on the Central Kenai Peninsula. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. Resolution No. 2013 -06 Page 2 PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk 'Villaye with a Past, Ci� with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1III1. l fire cilyof 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: February 15, 2013 SUBJECT: Resolution 2013 -06, Requesting that the Alaska Board of Fisheries Meeting Scheduled for January 29, 2014 Through February 11, 2014 to Consider Upper Cook Inlet Finfish Issues be Held on the Central Kenai Peninsula The purpose of this correspondence is to request Council approval of the above referenced resolution. This resolution requests that the Alaska Board of Fisheries hold its 2014 meeting in which Upper Cook Inlet finfish issues are considered to be held in the Kenai - Soldotna area. Historically the Alaska Board of Fisheries has held its meeting in various locations through- out the districts in which fishery issues are being considered. The last occasion in which the Alaska Board of Fisheries held its meeting to consider Cook Inlet finfish issues in the Kenai - Soldotna are was in 1995, or 19 years ago. No area in the State is more effected by fishery issues than the Kenai Peninsula in general, and the Kenai River specifically. The issues which will be considered affecting the Kenai River and Upper Cook Inlet are of interest, and directly affect many of the residents of the Central Kenai Peninsula. Holding the meeting in the Kenai - Soldotna area will afford Kenai residents the opportunity to testify before the Board of Fisheries without the burden and expense of traveling to Anchorage and having to stay over several days. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. ALASKA BOARD OF FISHERIES 2013/2014 Cycle Tentative Meeting Dates and Locations Cook Inlet, Kodiak, and Chignik Finfish; King and Tanner Crab (Statewide, except SoutheastiYakutat) and Statewide Pacific cod Commercial Fishing and Supplemental Issues PROPOSAL DEADLINE: 5:00 p.m. Tuesday, April 10, 2013 Meeting Dates October 9 -10, 2013 [2 days] October 18-22,2013 [5 days] December 3 -6, 2013 [4 days] Work Session ACRs, cycle organization, Stocks of Concern Statewide Pacific cod Chignik Finfish December 8-11,2013 Lower Cook Inlet Finfish [4 days] January 7 -11, 2014 Kodiak Finfish [5 days] Location Girdwood Alyeska Resort Anchorage (TBD) Comment Deadline Sept. 25, 2013 Sept. 25, 2013 Anchorage Nov. 19, 2013 EGAN Civic Center Anchorage Nov. 19, 2013 EGAN Civic Center Kodiak Dec. 23, 2013 Kodiak Harbor Convention Center Jan. 29 -Feb. 11, 2014 Upper Cook Inlet Finfish Anchorage Jan.15, 2014 (14 days] Millennium AK March 17 -21, 2014 Statewide King and Tanner Anchorage Mar. 3, 2014 [5 days] Crab (except Southeast/Yakutat) Sheraton Anchorage And supplemental issues Total Meeting Days: 39 Agenda Change Request Deadline: August 27, 2013 [45 days prior to fall Work Session] Updated: December 2012 /i` Suggested by: Administration e��ury ^f CITY OF KENAI KE .ALA SKA RESOLUTION NO. 2013 -07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT OWNERSHIP OF A VEHICLE FORFEITED IN A FEDERAL INVESTIGATION. WHEREAS, a federal agency has offered a forfeited vehicle to the Kenai Police Department, for use by the Police Department and its' officers; and, WHEREAS, the Kenai Police Department took possession of the vehicle on February 8, 2013; and, WHEREAS, the Kenai Police Department has a long -term operational need for the vehicle, and is requesting a resolution for the City to officially accept ownership. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE CITY OF KENAI ACCEPT OWNERSHIP OF A VEHICLE FORFEITED AS A RESULT OF A FEDERAL INVESTIGATION. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: �— New Text Underlined; [DELETED TEXT BRACKETED] j "Villaye with a Past, C# with a Future" ,N Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 1) II I1 - —= Telephone: 907 - 283 -7879 / FAX: 907 - 283 -2267 1992 theci lof KENAA SKA MEMOO TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 2113/13 SUBJECT: Request Resolution to Accept Ownership of a Vehicle Forfeited as a Result of a Federal Investigation On February 8, 2013, the Kenai Police Department took possession of a vehicle forfeited as a result of a federal investigation. The federal agency offered the vehicle, as is, at no cost to the Police Department. The vehicle is expected to be used for Police operations. The Kenai Police Department has a long -term need for the vehicle. City mechanics are in the process of assessing the integrity of the vehicle's mechanical and other systems. I am requesting a resolution authorizing the Kenai Police Department to officially accept ownership of the vehicle. / Suggested by: Administration CITY OF KENAI KEIM.ALASKA RESOLUTION NO. 2013 -08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID FOR VOICE OVER IP EQUIPMENT TO B2 NETWORKS LLC. AT A TOTAL COST OF $70,382.60. WHEREAS, the following bids were received and scored on February 8, 2013: Bidder Points B2 Networks LLC 100 Inter - Pacific, Inc 79 Vibes Technologies, Inc. dba Black Box Resale Services 81 ;and, WHEREAS, B2 Networks LLC. had the highest score and award to this bidder would be in the best interest of the City; and, WHEREAS, a Voice Over IP (VOIP) telephone project was provided for in the FY13 budget and sufficient monies are appropriated; and, WHEREAS, B2 Networks LLC. is an authorized government reseller for Cisco in the State of Alaska; and, WHEREAS, the recommendation of City Administration is to award the contract to B2 Networks LLC. for a total cost of $70,382.60. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that effective February 21, 2013 the Finance Department is authorized to purchase VOIP equipment for a total of $70,382.60 from B2 Networks LLC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk� / Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED] " "Villaye with a Past C# with a Future _ FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 thecdvW Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 V kTo: Rick Koch, City Manager From: Dan Castimore, IT Manager Date: February 13, 2013 Re: Award of Bid; Voice Over IP (VOIP) Equipment The equipment contained in the VOIP equipment bid is needed to complete the VOIP project that is currently underway. The VOIP project will replace obsolete phone systems at all City facilities with a centralized system. This will result in a significant reduction of communication costs in the future. On February 13, 2013 bids for this project were opened and 3 bids were received. These bids have been reviewed and it has been determined that B2 Networks LLC. was the lowest responsive bidder. The bid documents were complete, responsive and sufficient funds are available. The attached is Resolution 2013 -08 recommending award of the contract to B2 Networks LLC. for the total cost of $70,382.60. Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -09 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF A TRACKLESS MT6 WITH SNOW BLOWER ATTACHMENT FROM YUKON EQUIPMENT, INC FOR AN ESTIMATED TOTAL COST OF $139,613.00. WHEREAS, funds for the purchase of a "Trackless" Snow Blower were appropriated in the amount of $145,000 by Ordinance 2646 -2012; and, WHEREAS, the existing "Trackless" purchased in 2009 is used extensively and has been a reliable piece of equipment; and, WHEREAS, the "Trackless" quoted by Yukon Equipment is the same model as the existing 2009 "Trackless "; and, WHEREAS, maintaining one manufacturer for this equipment reduces complexity, assists with troubleshooting, provides for a smaller spare parts inventory, and provides for easier operation and service; and, WHEREAS, the State of Minnesota DOT has an active contract awarded through a competitive bid process for the "Trackless" and attachments at higher pricing than quoted to the City; and, WHEREAS, Yukon Equipment is the single "Trackless" dealer in the State of Alaska; and, WHEREAS, KMC 7.15.050(b) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding when equipment can be furnished only by a single dealer; and, WHEREAS, the purchase of a "Trackless" with Snow Blower Attachment from Yukon Equipment Inc. is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to purchase a "Trackless" with snow blower attachment from Yukon Equipment for an estimated total cost of $139,613.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this February 20, 2013. PAT PORTER, MAYOR Resolution No. 2013 -09 Page 2 of 2 ATTEST: Sandra Modigh, City Clerk Approved by Finance: % u "Villaye with a Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIIII 1992 MEMO* MTO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Directors vlf DATE: February 13, 2013 SUBJECT: Resolution 2013 -09, Purchase of a New Trackless MT6 with Snow Blower attachment from Yukon Equipment Inc. The purpose of this correspondence is to recommend approval of Resolution 2013 -09 authorizing the purchase of a New Trackless MT6 with Snow Blower attachment from Yukon Equipment Inc. The 2009 Trackless currently owned by the city has been a reliable and very useful piece of equipment. The Trackless quoted by Yukon Equipment is the same model as the currently owned 2009 Trackless. Purchasing an identical model reduces complexity, assists with troubleshooting, provides for a smaller spare parts inventory, and provides for easier operation and service. KMC 7.15.050(b) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding when equipment can be furnished only by a single dealer. Additionally, The State of Minnesota DOT has an active contract awarded through a competitive bid process for the same model Trackless and attachments at higher pricing than quoted to the City. SINCE 1945 February 7, 2013 Randy Parrish City of Kenai 332 Airport Way Kenai, AK 99611 YUKON EQUIPMENT, INC. 2020 E. 3rd Avenue, Anchorage, AK 99501 -2994 (907) 277 -1541 • FAX (907) 276 -6795 www.yukoneq.com CA SE Trackless Quote One New Trackless MT6 115hp Tractor, heated cab, LT245/75R 16" radial tires, parts and service manual, all other standard features: Price FOB Kenai, AK $119,525.00 Includes the following options: Set of four Glacier tire chains for radial tires Hydraulic pump & valve kit Locking differentials, front & rear Air conditioning (w/ 8 amber flashing LED Rear wiper and washer Low hydraulic oil alarm Battery disconnect switch Fluid drain ball valves Extra backup light 2 Switches for headlights Sierra package L & R heated West Coast mirrors Weight scale verification slip One year warranty lights supplied) 2. SNOQUIP XX60 60" Snowblower attachment with standard chute, rubber flap, drift cutter bars and Hardox impeller housing and discharge. Price FOB Kenai, AK $ 20,088.00 No spare parts included. Delivery: 60 -75 days Prices good until March 7, 2013. Thank you for the opportunity to quote this Trackless tractor. C J ` IY, Roger Morris Territory Manager EQUIPMENT FOR CONTRACTING — UTILITY — GOVERNMENT SEO #725 -1112 STATE OF MINNESOTA 1 of 3 November, 2012 PRICING PAGE - FIXED PRICE (Typed Responses Required) Price quote for: MUNICIPAL UTILITY TRACTOR Vendor Name: Contact Person: Street Address: P.O. Box: City, State, Zip Phone #: Toll Free #: Fax #: Email Address: Macqueen Equipment Dan Gage 595 Aldine Street St. Paul, MN 55104 651.645.5726 800.832.6417 651.645.6668 doaoe(bmacQueeneg.com Version of Excel used: 2010 Spec If I Information Requested Answer 1.0 MAKE AND MODEL (Provide make and model offered) Trackless MT6 ENGINE (Model) Cummins Number of Cylinders OSB 4.5 Type of Fuel Diesel Horse Power 115 HP @ 2500 RPM Air or Liquid Cooled Liquid auto shutdown PTO Front Size 13/8 6 spline 540 PRIM Rear Size 1.375 6 spline 540 optional HITCHES Front (lift capacity & type) Trackless quick hitch Rear (lift capacity & type) Cat 1 - 3 point TRANSMISSION Type Sauer Danfoss Number of Speeds Two speed mechanical Control Type Foot controlled HYDRAULICS GPM 20 GPM Number of Spools 7 DRIVE SYSTEM Type Hydrostatic/Electric Transfer Case (yes or no) Yes 4WD Type (i.e., constant) Constant AXLES Model Dana 60 WAracklock differentials Capacity per Axle 7000 LB SEO# 725 -1112 STATE OF MINNESOTA 2 of 3 November, 2012 PRICING PAGE - FIXED PRICE (Typed Responses Required) Spec If Information Requested Answer BRAKES 12x21/2 Hydralic Cab Size (1 or 2 people, etc.) WHEELS Windows (tinted sliding, etc.) Number of Bolts 8 Diameter 15'X16 1/2" Cloth TIRES Arn/Fm, heater, horn, 2 speed wiper, Front Size & Ply 31 xi 0:00x16.5 - 8 ply lug/or Radial Weight Rear Axle Rear Size & Ply 31x10:00x16.5 -8 ply lug /or Radial 1940 Ibs STEERING 1 year Type Articulated Hydmalic Steering Wheel Adjustment Tilt (tilt, telescope, etc.) Turning Radius 8' Inside FRAME TYPE 4 piece INSTUMENTS (list) Murphy automatic safety shut down control for low oil pressure/high water temp, tachometer w1hourmeter, water temp, oil pressure, volt meter, hydraulic oil tem. fuel coupe CAB 0 - 8.0 mph Certifications Raps J1 040-C SAE Cab Size (1 or 2 people, etc.) 1 Windows (tinted sliding, etc.) 6 windows, 2 sliding Type of Seat Air - 4 way adjustment Seat Upholstery Cloth Other Cab Equipment (list) Arn/Fm, heater, horn, 2 speed wiper, Width (single tires) washer, dome light, minors SPEEDS (if applicable) Lo Range 0 - 8.0 mph High Range 0 - 19.00 mph Deep Low 0 -10 Per Min DIMENSIONS Wheel Base 761/2 Length (less liftarms) 1461/2 Height (top of cab) 80 Width (single tires) 491/2 Weight Rear Axle 3440 Ibs Weight Front Axle 1940 Ibs WARRANTY 1 year BASE UNIT PRICE 89,890.00 SEQ# 725 -1112 STATE OF MINNESOTA 3 of 3 November, 2012 PRICING PAGE- FIXED PRICE (Typed Responses Required) Spec # I Information Requested I Answer DELIVERY Delivery Starting Point MacQueen Equ Price Per Loaded Mile $5.50 Price Service Manual - CD Included Parts Manual - CD Included Rental Municipal Utility Tractor: If a rental program is available for this model of Municipal Utility Tractor unit offered with option to purchase, list the monthly rate. State the model that this pricing page pertains to and also list the percentage of rental that Would apply to purchase price of this model. Monthy Rate %Applied VENDOR OWNED RENTAL RETURN OR DEMO EQUIPMENT PROGRAM (See special terms and conditions.) DEDUCT cost per Used Hour from the original Contract Price: $25.00 1per hour INSTALLATION: HOURLY RATE FOR ATTACHMENT INSTALLATIONS, ETC.: (See special terms and conditions.) SEO # 725 -1112 State of Minnesota PRICING PAGE - METHOD # 2 (Typed Responses Required) Price quote for: Municipal Utility Tractor Vendor Name: Contact Person: Street Address: P.O. Box: City, State, Zip Phone #: Toll Free #: Fax #: Email Address: 1.0 Manufacturer Warranty Discount to be applied to Price List Date & I.D. of Price List Delivery Starting Point Price per loaded mile 2.0 2.1 2.2 2.7 3.0 3.1 3.2 3.? 4.0 5.0 Version of Excel used: to options and rental programs are available on new equipment offered, Ith the option to purchase, list the monthly rental rate. Also ;t percentage of rental that would apply to purchase price fc ich model that this option applies to. These shall Price Monthly Rate %Applied VENDOR OWNED RENTAL RETURN OR DEMO EQUIPMENT PROGRAM See Special Terms and Conditions. DEDUCT cost per Used Hour from the original Contract Price DISCOUNT OFF LIST PRICE FOR RELATED PARTS & ACCESSORIES See Special Terms and Conditions 1 of 2 SEQ # 725 -1112 State of Minnesota 2 of 2 PRICING PAGE - METHOD # 2 (Typed Responses Required) 6.0 INSTALLATION: HOURLY RATE FOR ATTACHMENT INSTALLATIONS, ETC.: (See special terms and conditions.) SEQ# 725 -1112 STATE OF MINNESOTA 1 of 4 NOVEMBER, 2012 PRICING PAGE - FIXED PRICE (Typed Responses Requested) VENDOR: MacQueen Equipment, Inc. MAKE /MODEL Trackless MT6 1.0 1 BASE UNIT PRICE:j Is 89,890.00 $ . - Spec # I Description I Qty I Price Subtotal 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.9 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Municlpal Utility Tractor Options Use this section to offer additional Municipal Utility Tractor options such as hand controls, gauges, heater, enclosed cab etc.. These options should be for Municipal Utility Rear PTO $ 5,263.00 $ Rear three point hitch (crated) $ 2,960.00 $ - Deep reduction transfer case (only avail if ordered with tractor) $ 7,878.00 $ Locking differentials $ 3,687.00 $ Hydraulic pump & valve kit $ 3,838.00 $ - Additional high mount tail lights on rear of cab $ 354.00 $ - Air conditioning with heat and pressurized $ 4,949.00 $ - ranch guard, 8 Grote amber LED lights or 4 amber & 4 blue, Pedestal strobe deleted when AC ordered) Angle plow attaching kk $ - Rearsliderwindow $ 566.00 $ - Intermittentfrontwiper $ 283.00 $ Rear wiper and washer $ 419.00 $ - Rear dump body with front counterweights $ 5,858.00 $ Slow moving vehicle sign $ 76.00 $ Rear license plate bracket and light $ 228.00 $ Reversing engine fan $ 2,525.00 $ Tow behind sander p g includes hitch, electric brake control, trailer con. $ 960.00 $ FRN (forward/neutral /reverse switch) on joystick $ 682.00 $ - Break -in -filter kit $ 400.00 $ Radial tire (LT245/75R) spare $ 289.00 $ 16" rim for radial tire spare $ 136.00 $ - Loader lug tire 10.00 x 16.5 6 -ply spare $ 222,00 $ 16.5" rim for loader lug spare $ 136.00 $ Summer tire 31 x 13.5 x 15 each $ 361.00 $ - 15' rim for summer fire each $ 211.00 $ - Dual loader lug tires & rims (8 tires with rims and hardware) set $ 4,413.00 $ Plow Use this section to offer plow options. 5 ft angle plow less attaching kit $ 2,071.00 $ - 5 ft double trip plow less attaching kit $ 3,061.00 $ 6 ft angle plow less attaching kit $ 2,222.00 $ - 7 ft angle plow less attaching kit $ 2,889.00 $ 8 ff angle plow less attaching kit $ 3,142.00 $ Angle plow attaching kk $ 2,780.00 $ Front sander/ plow complete $ 9,323.00 $ Sidewalk V plow complete $ 3,939.00 $ 5 position folding plow complete $ 5,909.00 $ - 4.0 Snowblower Use this section to offer snowblower options. 4.1 51 "snowblower d sidewalk cute rveRSd n Is 8,060.00 4.2 51" ribbon snow blower w/ sidewalk chute P 10 driven 1 $ 13,635.00 VENDOR: MacQueen Equipment, Inc. MAKE /MODEL Trackless MT6 1.0 1 BASE UNIT PRICE:1 I $ 89,890.00 I $ - Spec# I Description Qty 72 "02" dia angle sweeper Price Subtotal 4.3 60" snowblower with sidewalk chute PTO driven $ - $ 8,232.00 $ - 4.4 60" ribbon snowblower w/ sidewalk chute O nven $ 14,544.00 $ - 4.5 70" snow blower with sidewalk chute PTO driven $ 8,434.00 $ - 4.6 80" snow blower with sidewalk chute PTO driven $ 10,100.00 $ - 4.7 Truck chute in lieu of sidewalk chute $ 557.00 - 4.8 Truck loading chute complete $ 1,409.00 $ 4,9 Telescopic truck loading chute complete $ 3,838.00 $ - - 4.10 Snow Quip 51" Ribbon snow blower PTO driven $ 18,435.00 - 4.11 Snow Quip 61" Ribbon snow ower O nven $ 4,12 Hydraulic Truck loading chute (Sno -Quip) $ - 4.13 Rubber Deflector / Cutter Bars (Sno -Quip ) 1 $ 419.00 $ - 4.14 4.15 4.16 5.0 5.1 5.2 5.3 6.0 6.1 6.2 6.3 6.4 Five Blade bolt on impeller blades (Sno -Quip ILO Standard) Is 232.00 and sand spreader options. tow behind package 1 $ 11,312.00 1 $ - Directional Sweeper Use this section to offer directional sweeper options. 60 xuz oia ang a sweeper $ 6,161.00 $ - 72 "02" dia angle sweeper $ 6,363.00 $ - 84 "x32" dia angle, sweeper $ 6,666.00 $ - 96 "x32" dia angle sweeper $ 6,868.00 $ (all sweepers require hydraulic pump & valve kit if sander is to be run at the same time as the sweeper) $ - (84" and 96" sweepers require hydraulic pump & valve kit regardless) $ _ 7.0 Pickup Sweeper Use this section to offer pickup sweeper options. 7.1 4U" PIC up sweeper 7.2 7.3 SEO# 725 -1112 STATE OF MINNESOTA 3 of 4 NOVEMBER, 2012 PRICING PAGE - FIXED PRICE (Typed Responses Requested) VENDOR: MacQueen Equipment Inc. MAKE /MODEL Trackless MT6 1.0 BASE UNIT PRICE: $ 89 890.00 1 $ - Spec # Description I Oty Price Subtotal 8.0 8.1 8.2 8.3 8.4 Spravino system Use this section to offer sweeper options. Cold planer w /Ranjo drum ater tanK and pump Krt or all sweepers $ 3,586.00 $ Spray bar kit for angle sweeper $ 233.00 $ - Spray bar kit for pickup sweeper $ 153.00 $ 14 it rear mounted spray boom 1 $ 1,005.001$ - old Planer Use this section to offer cold planer options. L;ola planer w/ standard drum $ 21,210.00 $ - Cold planer w /Ranjo drum $ 25,250.00 $ - (both cold planers require eepreduction transfer ease an hydraulic pump & valve kit) $ - Infrared asphalt heater requires generator) $ 17,498.00 $ Generator with security fence $ 14,241.00 $ 9.0 C 9.1 9.2 9.3 9.4 10.0 Sickle Bar Mower Use this section to sickle bar mower options. 10.1 6 it sickle bar mower 10.2 Un er guard rail mower requires hydraulic pump &valve kit, reversing engine fan) 11.0 E1811 Mower Use this section to offer flail mower options. 11,7 74" 1 raccess PTO Front Flail mower requires reversing engine fan) 11.2 74" Diamond PTO Front Flail Mower (requires reversing engine fan) 11.3 74" Diamond Hyd. Front Flail Mower (requires reversing 12.0 Boom Flail 12" rotary finishing mower requires reversing engine fan) $ 6,136.00 $ - 120" rotary finishing mower (requires Use this section to offer boom flail options. $ 15,655.00 $ - (requires reversing engine fan) 12.7 1 reckless BOOM Flail 52" Head requires dual loader lug 168" rotary finishing mower (requires hydraulic pump & valve) $ 17,877.00 tiresand reversing engine fan) requires reversing engine tan) I $ 27,775.00 $ - 12.3 14 ft Diamond Boom Mower rum Flail 42" ea kit, reversing engine fan) $ 18,525.001 $ 13.4 14 it Diamond Boom Mower Rotary Knife Head 40" head $ 17.429.00 S - 13.0 13.1 13.2 13.3 13.4 Rotary Use this section to offer rotary options. 12" rotary finishing mower requires reversing engine fan) $ 6,136.00 $ - 120" rotary finishing mower (requires hydraulic pump & valve) $ 15,655.00 $ - (requires reversing engine fan) $ 168" rotary finishing mower (requires hydraulic pump & valve) $ 17,877.00 $ - requires reversing engine tan) $ - 168" rogressive mows (requires ydraulic pump & v ve kit, reversing engine fan) $ 20,200.00 $ - 14,0 I an Use this section to offer trencher options. 14.1 VENDOR: MacQueen Equipment, Inc. MAKE /MODEL Trackless MT6 1.0 1 BASE UNIT PFUCE:j 1 $ 89,890.00 1 $ - Spec # I Description I Ory I Price I Subtotal 15.0 Chipper Use this section to offer grader options. 15.1 16.0 Tiller Use this section to offer tiller options. 16.1 17.0 10ther, use t is section to offer any other options not a rea y listed (repair /parts /operator manual etc.). 17,1 Lear loader (requires Myoraulic pump and valve kit, deep reduction, single loader lug tire front, duals on rear, reversing motor spool) 17,2 Aerator 17,3 Front end loader with 49" wide bucket 17.4 Front end loader with 7T' wide bucket 18.0 Performance option: Use this section to offer extended warranties. 18.1 19.0 Delivery charge: State delivery charge per loaded mile from the delivery startin point a in starting point below). 19.1 bit Fault Total Unit Cost: $ Suggested by: Council Member Molloy ttieci[yof CITY OF KENAI KENO SKA RESOLUTION NO. 2013 -10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING AND ADOPTING MANAGEMENT ALTERNATIVE THREE FOR MANAGEMENT OF FISH WASTE AND OTHER SOLID WASTE FOR THE 2013 PERSONAL USE FISHERY WHEREAS, the volume of fish waste and other solid waste deposited on the beaches and in the waters of the Kenai River by participants in the Personal Use Fishery from July 10`h through July 31"has increased dramatically over the past several years; and; WHEREAS, it is estimated that between 400,000 and 800,000 pounds of fish waste were deposited by fishery participants on the beaches at the mouth of the Kenai River during the 2012 Personal Use Fishery; and, WHEREAS, the volume of other solid waste -- from plastic bottles to entire camps (tents, chairs, tables) -- deposited on the beaches by fishery participants during the 2012 Personal Use Fishery was also substantial; and, WHEREAS, the residents of the City of Kenai have testified and commented at many council meetings and work sessions, requesting that the City take actions to reduce significantly the volume of fish waste and other solid waste deposited on the beaches by Personal Use fishery participants; and, WHEREAS, the City Manager developed Alternatives One through Six as options for management of fish waste and other solid waste for the 2013 Personal Use Fishery; and, WHEREAS, the City Manager presented Alternatives One through Six to Council and the public in work sessions, and provided cost estimates for all alternatives, including costs estimated for capital costs of equipment purchases and for additional operating costs; and, WHEREAS, a brief description of Alternative Three is that it will -- Allow only "Gut & Gill" cleaning of fish on beaches and in the waters of the Kenai River, requiring the fishery participants to remove the remainder of the fish, so that deposit of fish carcasses will be prohibited; -- Provide an increased level of enforcement to ensure an acceptable level of compliance by fishery participants with only "Gut & Gill" fish waste disposal on beaches and in the waters of the Kenai River; -- Provide an increased level of efforts to move remaining fish waste to tide line during low tides; and -- Provide an increased level of efforts to collect other solid waste in additional collection receptacles on the beaches; and, WHEREAS, Alternative Three is an aggressive program to reduce fish waste and other solid Resolution No. 2013 -10 Page 2 waste on the north and south beaches, and compliance by the fishery participants could result in a decrease in fish waste volume of up to 60% on the beaches and in the waters at the mouth of the Kenai River during July 10 through July 31, 2013; and, WHEREAS, it is in the best interests of the City of Kenai to adopt and implement Alternative Three for management of fish waste and other solid waste during the 2013 Personal Use Fishery; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Council approves and adopts Management Alternative Three for management of fish waste and other solid waste on the beaches at the mouth of the Kenai River for the 2013 Personal Use Fishery. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk CITY OF KENAI IMPACTS OF PERSONAL USE FISHERY lift v. u "Villaye with a Past, C# with a Future" 'I 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 +992 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Pat Porter and City Council Members CC: City Manager Rick Koch FROM: Council Member Bob Molloy DATE: February 14, 2013 SUBJECT: Resolution 2013 -10 If approved by Council, Resolution 2013 -10 would establish Management Alternative Three as council policy for management of fish waste and other solid waste on the beaches at the mouth of the Kenai River for the 2013 Personal Use Fishery. I believe that Alternative Three is the best alternative for the 2013 Personal Use Fishery under the circumstances and I respectfully request the support of Council to adopt this resolution. A brief description of Alternative Three is that it will: -- Allow only "Gut & Gill" cleaning of fish on beaches and in the waters of the Kenai River, requiring the fishery participants to remove the remainder of the fish, so that deposit of fish carcasses will be prohibited; -- Provide an increased level of enforcement to ensure an acceptable level of compliance by fishery participants with only "Gut & Gill" fish waste disposal on beaches and in the waters of the Kenai River, -- Provide an increased level of efforts to move remaining fish waste to tideline during low tides; and -- Provide an increased level of efforts to collect other solid waste in additional collection receptacles on the beaches. Alternative Three addresses the problem of solid waste (other than fish waste) in the same way as the other alternatives, including Alternatives Two and Four. Here are some comparisons of Alternative Three with proposed Alternatives Two and Four: 1- The City's estimated capital cost for purchase of equipment is the same for both Alternatives Two and Three, $99,000; it is $61,000 for Alternative Four. The City's estimated additional operating costs are $138,150 for Alternative Three, which is $64,800 more than Alternative Two's estimate of $73,350 for additional operating costs. Alternative Four's estimated additional operating costs are a net of $190,550 ($202,550 less $12,000 due to eliminating the present practice of raking to the tideline on the north beach). Alternative Two costs less and is an attempt to improve the status quo, but does continue the status quo of allowing fishery participants to dump fish waste and carcasses on the beaches, and will continue the non - enforcement of the city code's prohibition against deposit of refuse (including fish waste) on the beaches. According to the City Attorney, adoption of Alternative Three will require a code amendment to allow management for "gut & gill" fish waste disposal because the code at KMC 12.20.010 does currently prohibit the dumping of fish waste on the beaches. Alternative Four -- which would prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring fishery participants to remove the whole fish -- is the only one of these alternatives that would not require a code amendment.' What distinguishes Alternative Three from, and makes it a more aggressive alternative than Two, is the City Manager's estimate that compliance by fishery participants could result in a decrease in fish waste volume of up to 60% on the beaches and in the waters at the mouth of the Kenai River during this fishery. An estimated increase in expenditure of $64,800 seems to be well worth a potential decrease in fish waste volume of up to 60 %. Alternative Four is attractive but I think implementation may require banning camping on the beaches. This is because some fishery participants camp on the beaches for several days, and would need to at least "gut and gill" their fish so the fish don't spoil. Unless the Council bans camping on the beaches, allowing only "gut & gill" cleaning seems to be a better solution than either Alternatives Two or Four, with the potential to reduce fish waste by up to 60 %.2 According to the City Manager, current fees for camping and parking associated with the Personal Use Fishery are insufficient to support the estimated City expenditures for additional operating costs for both Alternatives Two and Three for the 2013 Personal Use Fishery. Estimates are that fees need to be raised by $5 to support Alternative Two and by $10 to support Alternative Three. However, the Administration may identify other ways to recover the additional costs of Alternative Three. And some costs could be recovered through fines collected on enforcement. 'A�� 1 Since the 2012 Personal Use Fishery, several members of the public have commented about the code's prohibition against dumping fish waste on beaches in support of their requests for a ban on fish cleaning on the beaches (which is Alternative Four). Z If the Council chooses Alternative Two, then the code should be amended to allow a person to dump fish waste and carcasses on the beaches only during the Personal Use Fishery, instead of maintaining the same code and continuing non - enforcement every year. -2- Kenai Municipal Code Kenai, Alaska Current through Ordinance 2652 -2012 and the December 2012 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document is provided for informational purposes only. Please read the full disclaimer. • Municipal Code Table of Contents • Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai. Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: 0 ` RY, Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 12.20.010 Deposit of refuse. (a) No person shall place or deposit any refuse in or upon any public property, public beach, public alley, street, or highway, sidewalk, park or other public place in the City except as herein expressly authorized. No person shall place any refuse on land of another without the owner's consent. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, fishing, or other outdoor recreation. No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. (c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. (d) Violation of this section is subject to a fine of five hundred dollars ($500.00) for each offense. (e) The term "refuse" as used in this section means any garbage, trash, waste or discarded material including, but not limited to, discarded food, animal and vegetable matter, fish or animal carcasses, fish parts, offal, waste paper, newspaper or magazines, bottles or cans, containers or wrappers, boxes, paper or plastic cartons, motor vehicle parts, oil, or discarded building/ construction material. (KC 12 -15; Ord. 1776 -98) ALTERNATIVE TWO GENERAL DESCRIPTION Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, locate four to six additional dumpsters on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Launch, no change from effort in 2012. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from the where No -Name Creek near the east end of Kenai Avenue to approximately % mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake, signage, and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $73,350 PROS & CONS Pros 1. Lower operational cost than all alternatives other than Alternative One 2. Is a staged approach 3. Will result in the lowest increase in user fees 4. Expands current operations (in which we have experience) rather than creating new systems 5. Does not require State permitting to manage regulated waste streams 6. High probability of success in meeting goal Cons 1. Continues to place large volumes of fish waste in Kenai River. 2. Some Kenai /Peninsula residents may believe that not enough is being accomplished to address problem 3. Increase in operational costs 4. Increase in user fees ALTERNATIVE THREE GENERAL DESCRIPTION Allow "gut & gill" cleaning of fish on beaches and in the waters of Kenai River, provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. Provide an increased level of enforcement to ensure only "gut & gill" waste disposal on beaches and in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste —Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste —Amend KMC 12.20 to allow disposal of "guts & gills" on specific lands and waters within the boundaries of the City. Provide increased enforcement efforts to ensure that only "guts & gills" are left on the north and south beach and that the remainder of all fish (in whole or part) are removed from City property by Fishery participants. Compliance could result in an up to 60% decrease in fish waste volume. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from where No -Name Creek near the east end of Kenai Avenue to approximately % mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $138,150. PROS & CONS Pros 1. Attempts to remove majority of fish waste from beach areas 2. Majority offish waste may become "someone else's problem" 3. Not the most expensive alternative ALTERNATIVE THREE (cant.) PROS & CONS (cont.) Cons 1. While not the most expensive alternative, it is still very costly 2. Creates additional conflicts with Fishery participants 3. Majority of fish waste may become "someone else's problem ", such as Kenai Peninsula Borough at transfer stations and along Borough roadways, State of Alaska DNR, DOT /PF 4. May result in a large number of Fishery participants violating City ordinances, Borough ordinances, and /or State of Alaska laws /regulations 5. Fishery participants camping for an extended period of time on the beach will not have a viable alternative for disposal of fish waste 6. Dumpsters placed on beaches for non -fish waste may become filled with fish waste. 7. This alternative will not be able to be enforced on the Kenai River unless the City begins enforcement activities from watercraft (not included in attached estimate) 8. In spite of our best efforts this alternative may not be very successful 9. Requires police officers to be dedicated to Fishery enforcement ALTERNATIVE FOUR GENERAL DESCRIPTION Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring Fishery participants to remove whole fish, and /or fish and fish waste from the beaches and the water of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on the beaches or in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. This will require a significant increase in enforcement activities, up to six additional seasonal enforcement officers. The past effort of using a tractor to move fish waste to the tideline at low tide will no longer be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers and signage is $61,000. The estimated operating costs for this alternative is $202,550. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. If there is a high degree of compliance, significant levels of fish waste would be eliminated on the north and south beaches and in the Kenai River 2. A segment of the public will appreciate this hard -line approach 3. Because this alternative would probably cause many other problems, such as illegal dumping of fish waste within the Kenai, Soldotna, and Municipality of Anchorage corporate boundaries, at Kenai Peninsula Borough Solid Waste transfer stations, along the Kenai Spur, Sterling and Seward Highways, and in private business waste receptacles, it may be easier to justify a request for assistance from the State of Alaska in the future Cons 1. High operational costs, which would result in more than doubling present fees if revenues are to cover expenses 2. The Anchorage and /or other media may not portray this action in a favorable manner ALTERNATIVE FOUR (cont.) PROS & CONS (cont.) Cons 3. Representatives with the Kenai Peninsula Borough Solid Waste Department, Alaska Departments of Environmental Conservation, Fish & Game, and Natural Resources have already expressed their opposition to this alternative 4. Fishery participants camping for multiple days on the beaches will have no viable alternatives to dispose of fish waste 5. Fish waste will be deposited in the non -fish waste dumpsters located on the beaches 6. Enforcement on the Kenai River is not possible unless the City begins enforcement activities from watercraft (not included in estimate) 7. In spite of our best efforts this alternative may not be very successful 8. Creates the most conflicts with Fishery participants, which may result in less utilization of local City of Kenai businesses 9. Requires police officers to be dedicated to Fishery enforcement M."', Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $200,000 FROM THE U.S. SOCCER FOUNDATION FOR THE INSTALLATION OF A TURF SOCCER /FOOTBALL FIELD AT KENAI CENTRAL HIGH SCHOOL. WHEREAS, the City submitted a grant application to the U.S. Soccer Foundation for construction of an artificial turf soccer /football field; and, WHEREAS, the City was successfixl in its grant application receiving notification of a grant in the amount of $200,000 for installation of FieldTurf artificial turf from the U.S. Soccer Foundation on January 28, 2013; and, WHEREAS, the City, in cooperation with the Kenai Peninsula Borough, has determined that an artificial turf soccer /football facility at Kenai Central High School is a valuable project to support high school and other athletic events; and, WHEREAS, the State of Alaska has appropriated $1.9 million and the City of Kenai has appropriated $125,000 for the Kenai Central High School Artificial Turf Field and Track Reconstruction Project; and, WHEREAS, the Kenai Peninsula Borough has undertaken a project to construct a new artificial turf field and new track project at Kenai Central High School; and, WHEREAS, the acceptance of this grant will provide a voucher in the amount of $200,000 to be used for the purchase of FieldTurf artificial turf for the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to accept a grant in the amount of $200,000 for the purchase of FieldTurf artificial turf for the Kenai Central High School Artificial Turf Field and Track Reconstruction Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk M "Villaye with a Past, C# with a Future // 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�l 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: February 15, 2013 SUBJECT: Resolution 2013 -11, Acceptance of a Grant from the U.S. Soccer Foundation The purpose of this correspondence is to request Council approval of the above referenced resolution. This resolution provides authorization for the City Manager to accept a grant in the amount of $200,000 from the U.S. Soccer Foundation to be used towards the purchase of FieldTurf artificial turf for the Kenai Central High School Artificial Turf Field and Track Reconstruction Project. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. cc � SOCCER FOUNDATION® FOR IMMEDIATE RELEASE Contact: Rick Koch, Kenai City Manager rkoch@ci.kenai.ak.us (907) 283 -8223 The City of Kenai Receives U.S. Soccer Foundation Grant Kenai, Alaska — The U.S. Soccer Foundation has awarded a grant to the City of Kenai to support youth and adult soccer programs of the Kenai Peninsula and State of Alaska The U.S. Soccer Foundation, the major charitable arm of soccer in the United States, announced that it has awarded 48 grants totaling more than $2.4 million to non - profit organizations serving youth in underserved areas across 21 states and the District of Columbia. The Foundation strives to assist and grow the sport of soccer, as well as improve the well -being of children in under- resourced communities, by awarding grants to support all aspects of the game. Specifically, non - profit organizations that provide children with the opportunity to play soccer and live a healthy lifestyle are awarded grants to support their programming and field- building initiatives. Of the 48 grant awards distributed by the U.S. Soccer Foundation, 29 were given as part of the Safe Places to Play program. Supported by adidas and FieldTurf, the Safe Places to Play program develops or enhances field spaces in underserved areas to provide safe places for children to play. To date, the Foundation has helped create or improve over 1,100 safe places for children nationwide. Kenai Mayor Pat Porter stated "the City and citizens of Kenai are grateful recipients of this important grant. The involvement and support of the U.S. Soccer Foundation is key to providing an artificial turf facility that can meet the needs of the rapidly growing soccer community on the Kenai Peninsula. It has only been three years since the City constructed a four- soccer -field natural turf facility and we have already hosted three State tournaments. The new artificial turf facility will provide the opportunity for high capacity of use without the accompanying damage common to natural turf fields, and allow for State Tournament play at the high school level, which has not been possible on natural turf fields." "The U.S. Soccer Foundation believes that every child should have the opportunity to enjoy the game of soccer in an environment that is safe and promotes positive development," said Ed Foster - Simeon, president and CEO of the U.S. Soccer Foundation. "We are happy to support organizations that, through impactful community -based programs, harness the power of soccer to improve the well -being of children." Support for the U.S. Soccer Foundation's grant process is provided by the Foundation's corporate partners, including Eurosport, FieldTurf, Hunter Industries, Musco Sports Lighting, PEVO Sports and Page 1 of 2 Sport Court. Since its inception in 1994, the U.S. Soccer Foundation has now awarded more than $59 million in grant awards to non - profit organizations in all 50 states and the District of Columbia. A Press Conference will be held at the City of Kenai City Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska on Friday, February 8 at 3:00 p.m. About the U.S. Soccer Foundation The U.S. Soccer Foundation is a recognized leader in sports -based youth development programs for children in underserved, urban communities. Since its founding in 1994, the organization has provided more than $59 million in funding to create and sustain innovative programs across all 50 states and the District of Columbia. Proven to deliver positive health and social outcomes, the Foundation's affordable initiatives offer safe environments in which both boys and girls thrive. Headquartered in Washington, D.C. the U.S. Soccer Foundation is a 501(c)(3) organization. Visit www.ussoccerfoundation.org to learn more. Editor Note: For your understanding, we are a separate entity from USSF/US /U.S. Soccer. When referring to the U.S. Soccer Foundation, please refer to it by its proper name. Page 2 of 2 FOR IMMEDIATE RELEASE Contact: Rick Koch, Kenai City Manager rkoch@ci.kenai.ak.us (907) 283 -8223 The City of Kenai Receives U.S. Soccer Foundation Grant Kenai, Alaska — The U.S. Soccer Foundation has awarded a grant to the City of Kenai to support youth and adult soccer programs of the Kenai Peninsula and State of Alaska The U.S. Soccer Foundation, the major charitable arm of soccer in the United States, announced that it has awarded 48 grants totaling more than $2.4 million to non - profit organizations serving youth in underserved areas across 21 states and the District of Columbia. The Foundation strives to assist and grow the sport of soccer, as well as improve the well -being of children in under- resourced communities, by awarding grants to support all aspects of the game. Specifically, non - profit organizations that provide children with the opportunity to play soccer and live a healthy lifestyle are awarded grants to support their programming and field- building initiatives. Of the 48 grant awards distributed by the U.S. Soccer Foundation, 29 were given as part of the Safe Places to Pla program. Supported by adidas and FieldTurf, the Safe Places to Play program develops or enhances field spaces in underserved areas to provide safe places for children to play. To date, the Foundation has helped create or improve over 1,100 safe places for children nationwide. Kenai Mayor Pat Porter stated "the City and citizens of Kenai are grateful recipients of this important grant. The involvement and support of the U.S. Soccer Foundation is key to providing an artificial turf facility that can meet the needs of the rapidly growing soccer community on the Kenai Peninsula. It has only been three years since the City constructed a four- soccer -field natural turf facility and we have already hosted three State tournaments. The new artificial turf facility will provide the opportunity for high capacity of use without the accompanying damage common to natural turf fields, and allow for State Tournament play at the high school level, which has not been possible on natural turf fields." "The U.S. Soccer Foundation believes that every child should have the opportunity to enjoy the game of soccer in an environment that is safe and promotes positive development," said Ed Foster - Simeon, president and CEO of the U.S. Soccer Foundation. "We are happy to support organizations that, through impactful community-based programs, harness the power of soccer to improve the well -being of children." Support for the U.S. Soccer Foundation's rant rn ocess is provided by the Foundation's corporate partners, including Eurosport, FieldTurf, Hunter Industries, Musco Sports Lighting, PEVO Sports and Page 1 of 2 Sport Court. Since its inception in 1994, the U.S. Soccer Foundation has now awarded more than $59 million in grant awards to non -profit organizations in all 50 states and the District of Columbia. A Press Conference will be held at the City of Kenai City Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska on Friday, February 8 at 3:00 p.m. About the U.S. Soccer Foundation The U.S. Soccer Foundation is a recognized leader in sports -based youth development programs for children in underserved, urban communities. Since its founding in 1994, the organization has provided more than $59 million in funding to create and sustain innovative programs across all 50 states and the District of Columbia. Proven to deliver positive health and social outcomes, the Foundation's affordable initiatives offer safe environments in which both boys and girls thrive. Headquartered in Washington, D.C. the U.S. Soccer Foundation is a 501(c)(3) organization. Visit www.ussoccerfomdation.org to learn more. Editor Note: For your understanding, we are a separate entity from USSF/US /U.S. Soccer. When referring to the U.S. Soccer Foundation, please refer to it by its proper name. Page 2 of 2 SYNTHETIC GRASS FIELDS PROGRAM GRANT AGREEMENT — FISCAL YEAR 2013 Pursuant to this Synthetic Grass Fields Program Grant Agreement ( "Agreement "), dated as of January 16, 2013 ( "Effective Date "), the United States Soccer Federation Foundation, Inc. ( "Foundation ") agrees to award the Grant ( "Grant ") to City of Kenai ( "Grantee "), and Grantee accepts such Grant, in accordance with the terms and conditions set forth herein. 1. Foundation: U.S. Soccer Foundation Attn: Grants Department 1211 Connecticut Ave., NW Suite 500 Washington, DC 20036 Grantee: City of Kenai Attn: Rich Koch 210 Fidalgo Avenue Kenai, AK 99611 2. Grant: Grant, awarded in the form of a FieldTurf product/service credit voucher, shall be valued by Foundation, in its sole and absolute discretion, in an amount equal to $200,000. The Grant is being awarded based on Grantee's responses to its Grant Application, FY13 -40 as submitted to the Foundation ( "Grant Application "). 3. Synthetic Grass Field: Consistent with Foundation's interests in promoting youth soccer, particularly within vulnerable communities in urban areas, Grantee will use Grant to help defray the cost of Grantee's purchase of a FieldTurf synthetic grass soccer field ( "Synthetic Grass Field ") at the property set forth in the Grant Application, as defined herein ("Grant Project "). 4. Execution of the Grant Agreement: Grantee must return an executed copy of this Agreement to the Foundation by February 1, 2013. 5. Grantee Covenants: In order to induce Foundation to enter into this Agreement, and to award the aforementioned Grant, Grantee covenants as follows: (a) Soccer will be given scheduling priority on, and majority use of, the Synthetic Grass Field for as long as it is operational. Majority use shall mean use of greater than fifty per centum (50 %) for all scheduled activities on the Synthetic Grass Field. (b) Foundation will be granted usage of the Synthetic Grass Field for one (1) day per year over the first five (5) years following its completion, including, without limitation, for Special Events (as defined below) that are organized by Foundation, FieldTurf and/or adidas. Foundation will make best efforts to schedule such usage for dates and times mutually agreed upon with the Grantee, and Grantee will not unreasonably withhold field time for such usage. For purposes of this Agreement, "Special Events" shall be defined as tournaments, clinics, events, training sessions, media functions and any other similar event the Foundation, FieldTurf and /or adidas so determine. (c) Upon completion, the Synthetic Grass Field will be fenced and otherwise maintained in accordance with FieldTurfs recommendations for user safety. Grantee acknowledges and agrees that it will be responsible for the maintenance and safety of the Synthetic Grass Field following its completion. (d) Grantee presently owns, or is currently tenant to an appropriate long -term lease of, that property on which the Synthetic Grass Field will be built. An appropriate long -term lease shall mean a lease of at least ten (10) years in length following the date of submission of the Grant Application. (e) Prior to commencing installation of the Synthetic Grass Field, Grantee will obtain, or shall assist (where necessary) in obtaining, all permits, authorizations and consents from third parties, including governmental entities, necessary for the installation and construction of the Synthetic Grass Field. 6. Facts and Representations True and Correct: Grantee hereby affirms the representations made in its Grant Application are true and correct and that Foundation may rely upon the truth and correctness of the representations made in the Grant Application without further independent investigation. Grantee further affirms that it has not omitted any material fact from its Grant Application, the knowledge of which would adversely impact the awarding of the Grant to Grantee. Grantee avows that no adverse events have occurred since the date of such Grant Application which have materially and adversely altered the truth or reliability of the Grant Application, including the tax status of Grantee and the Grantee's ability to successfully complete the Grant Project as described within the Grant Application. Grantee agrees to immediately inform the Foundation within five (5) business days of any material change, in Grantee or the Grant Project, which might affect any terms of this Agreement. Certificate of Completion: Upon completion of construction of the Synthetic Grass Field, the Grantee will certify to Foundation that installation and construction of the Synthetic Grass Field is complete (the "Certificate of Completion "). If such Certificate of Completion is not completed and sent to Foundation within eighteen (18) months following the Effective Date, this Agreement shall be null and void and Foundation shall thereafter have no obligation to Grantee. 8. Use of Grant: Upon receipt of the Certificate of Completion, Foundation will award the Grant to the Grantee in the form of a voucher to reduce the purchase price payable to FieldTurf in connection with the Synthetic Grass Field. 9. Grantee Books and Records; Opportunity to Receive Contributions: Grantee agrees to maintain sufficient operating and financial books, records and related documentation regarding the activities of Grantee and other evidence sufficient for Foundation to satisfy its fiduciary, public and governmental responsibilities and duties. Foundation shall have reasonable access to the books and records of Grantee for inspection purposes and shall be entitled to copies, as they relate to the use of the Grant and the Grant Project. 10. Grantee Reports: (a) Semi - Annual Status Reports: Prior to completion of the Synthetic Grass Field, Grantee shall provide semi -annual updates no later than six (6) months and twelve (12) months following the Effective Date, detailing the timing and progress of construction, before and after photographs of the field site under construction, and any other information reasonably requested by Foundation. (b) Impact Reports: Following completion of the Synthetic Grass Field, Grantee shall provide to Foundation a written report, satisfactory to Foundation, describing the impact of the Synthetic -2- Grass Field. Such report shall be submitted to Foundation annually, no later than September 1, for three (3) years after completion of the Synthetic Grass Field and shall include photographs of the Synthetic Grass Field in use by youth soccer players and provide information on field usage rates, stories of impact on the community, and any other information reasonably requested by Foundation. (b) Site Visits: Grantee will use its best efforts to accommodate any representative of Foundation who requests to conduct a site visit, at the sole cost of Foundation, for the purposes of collecting information about the Grant's impact. 11. Publicity Material and Recognition: (a) Grantee, upon written approval by the Foundation, shall recognize the Foundation and acknowledge the Grant in Grantee's written materials, news releases, website and related marketing or publicity. (b) If Grantee possesses a website, such website shall include a hyperlink to the Foundation's website. (c) The Foundation, FieldTurf and/or adidas shall have the right to publicize, show photographs of, and use the name of the Synthetic Grass Field and otherwise promote its contributions in any and all media, including the Internet. Grantee authorizes the Foundation to utilize those logo or logos, owned or controlled by Grantee and associated with the Grant Project, for related marketing and /or publicity. (d) Grantee agrees to fully assist and cooperate in a mutually acceptable dedication event, should the Foundation request such, which may include appearances by athletes affiliated with the Foundation. In order to assist Grantee, the Foundation will provide copies of the Foundation's logo(s) and a standard press release for Grantee to share with local media. (e) Grantee, upon reasonable advanced notice provided by the Foundation, will make best efforts to make a field available to the Foundation, upon request, for events which include, but are not limited to, tournaments, clinics, training sessions and media functions. (f) Grantee, upon written approval by Foundation, shall name Foundation and acknowledge the Grant in its news releases and related marketing or publicity materials for a period of at least sixty (60) months following completion of the Synthetic Grass Field. (g) Foundation will provide to Grantee the following material in order to assist in complying with the marketing and publicity requirements under this Agreement: (i) A color copy of Foundation logo. Any use of such logo must be specifically approved in writing in advance by Foundation. (ii) A standard press release for Grantee to distribute to local media. 12. Awareness Opportunities: Grantee guarantees Foundation the following rights, without charge, it being understood and agreed by all parties that such rights, as well as all other rights, benefits, and protections accruing to Foundation under this Agreement, are related solely to Foundation's Grant: -3- (a) Grantee grants to Foundation the right to permanently place Foundation's trademark, trade name or any design /logo owned or controlled by Foundation (each, a "Mark" and together, the "Marks "), or that of FieldTurf and /or adidas, on the completed Synthetic Grass Field. Unless Foundation chooses to forego the right, such Marks will be included, at the sole cost of Foundation, FieldTurf and /or adidas, during installation of the Synthetic Grass Field. Foundation may change its Marks at any time in its sole discretion and at its sole cost. Each Mark will remain on the Synthetic Grass Field for as long as the Synthetic Grass Field is operational, unless removed by Foundation or unless Foundation otherwise gives its written consent to the removal of such Mark. (b) Grantee will allow Foundation to install not more than two (2) signs or banners, in form reasonably acceptable to Foundation, including, but not limited to, a plaque, backlit sign, field signs or field boards, on the premises on which the Synthetic Grass Field is built, in order to promote and recognize Foundation for its contribution to the Synthetic Grass Field. Foundation shall have the right to assign its signage rights to its affiliated entities, FieldTurf and /or adidas. The signage shall be supplied by Foundation at its sole cost, and shall be posted in high - traffic locations acceptable to Grantee and Foundation. The contents of the signage will be subject to approval by Grantee, which approval shall not be unreasonably withheld. (c) Foundation shall have the right, at tournaments held at the Synthetic Grass Field, to operate or designate the operation of a booth or similar location for the purpose of carrying out its mission. 13. Grant Not Assignable: Grant is intended solely for the benefit of Grantee. No benefit of the Grant may be delegated, assigned or otherwise transferred without the advance, written consent of Foundation, which consent shall be in the sole and absolute discretion of Foundation. 14. Proper Authority: Each of the parties and its officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. 15. Absence of Warranties: FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE SYNTHETIC GRASS FIELD OR ANY COMPONENT PART THEREOF, OR THE PERFORMANCE BY FIELDTURF, ADIDAS OR ANY OTHER ENTITIES AND THEIR, ASSOCIATED SERVICES. IN NO EVENT WILL FOUNDATION BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER. 16. Assumption of Risk: Grantee hereby agrees to assume all risks and liabilities associated with the use, operation, maintenance, safety and condition of the Synthetic Grass Field. 17. Indemnification: Grantee agrees to indemnify, defend and hold harmless Foundation, its parent, subsidiary and affiliated companies, sponsors, benefactors, donors, officers, directors, employees, accountants, attorneys, agents, successors and assigns ( "Foundation Parties ") from and against any and all third party claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal /attomeys' fees and expenses arising out of or related to any legal proceeding and any legal appeal) ( "Claim" or "Claims ") related to the Grant, the Synthetic Grass Field or this Agreement and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, resulting from any claim ME (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with the installation, maintenance, location, of condition of the Synthetic Grass Field, or any person's use of the Synthetic Grass Field, whether authorized or unauthorized, proper or improper. Grantee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement. Without limiting this obligation, Grantee will maintain the insurance described in Section 18 of this Agreement. Grantee represents to Foundation that the Synthetic Grass Field does not violate any applicable law, regulation, ordinance, lease, or otherwise violate the rights of any person or entity. 1s. Insurance Requirements: (a). Insurance Requirements during Construction/Installation of the Synthetic Grass Field. Prior to commencing work and until substantial completion of the installation of the Synthetic Grass Field, Grantee shall provide and maintain (or require its Contractor performing the installation work to provide and maintain), at its expense, the following insurance which shall protect Grantee, its Contractor and the Foundation on a primary basis from any and all Claims arising out of or in connection with the Grant Project and installation of the Synthetic Grass Field pursuant to this Agreement: (i) Commercial General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, premises liability, products - completed operations, personal and advertising injury, property damage and bodily injury liability (including death). Policy shall also include coverage for (i) liability arising out of Contractor's use, operation and/or maintenance of any construction machinery/equipment in the performance of the construction/installation of the Synthetic Grass Field; and (ii) owners and contractors protective. Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds. (ii) Automobile Liability insurance covering liability arising out of the Grantee (or its Contractor's) use, operation and /or maintenance of any auto (including trucks and other construction vehicles), with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage. (iii) Workers' Compensation insurance covering employees of Grantee (and its Contractor) involved with the installation of the Synthetic Grass Field, with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease -each employee and $1,000,000 disease - policy limit. (iv) Umbrella and/or Excess Liability insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability, Automobile Liability and Employer's Liability policy limits. (v) Builder's Risk Property insurance covering loss or damage to the materials, equipment and supplies used during the course of installation of the Synthetic Grass Field in the amount of the full replacement cost thereof. Said policy shall insure against perils on an "all risk" basis and shall include a waiver of subrogation in favor of Foundation and Foundation Parties with respect to losses covered by this insurance. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the installation of the Synthetic Grass Field; and (2) shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Synthetic Grass Field is located. Grantee (and its Contractor) shall not allow any of the -5- required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days prior written notice thereof to Foundation. Upon execution of this Agreement, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. (b). Insurance Requirements following Installation of the Synthetic Grass Field. Following the substantial completion of the Synthetic Grass Field and at all times while the Synthetic Grass Field is in place, Grantee shall provide and maintain, at its expense, the following insurance: (i) Commercial General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for premises liability, contractual liability, products - completed operations, participant legal liability, personal and advertising injury, property damage and bodily injury liability (including death). Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds (ii) Workers' Compensation insurance covering employees of Grantee (if any) involved with the use, operation, or maintenance of the Synthetic Grass Field, with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease -each employee and $1,000,000 disease - policy limit. (iii) Umbrella and /or Excess Liability insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability and Employer's Liability policy limits. (iv) Participant Accident insurance covering all Participants and other individuals using the Synthetic Grass Field with limits not less than $5,000 per participant for Accident Medical coverage and $1,000 per participant for AD &D coverage. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the use, operation, maintenance and condition of the Synthetic Grass Field; and (2) shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Synthetic Grass Field is located. Grantee shall not allow any of the required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days prior written notice thereof to Foundation. Upon execution of this Agreement and at each renewal of the required policies, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 19. Participant Waiver and Release Forms: To the extent that Grantee requires Participants in its programs or others who use the Synthetic Grass Field to sign waiver and release forms, Grantee shall include the Foundation and the Foundation Parties as released parties in the form. 20. Use of Mark: Notwithstanding anything in this Agreement to the contrary, in the event Grantee desires to use a Mark owned or controlled by Foundation in a manner consistent with this Agreement, Grantee shall first submit a sample of the concept of the proposed use to Foundation for prior written approval, which approval may be withheld in the sole discretion of Foundation. Any such use by Grantee shall create no rights for Grantee in or to the Mark. Each Mark shall remain at all times the sole and exclusive intellectual property of Foundation, and Foundation shall have the right, from time to time, to request samples of use from which it may determine compliance with these terms and conditions. M Notwithstanding any provision of this Agreement to the contrary, Foundation reserves, in its sole and absolute discretion, the right to prohibit use of its Marks. 21. Applicable Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to principles of conflict of laws. Each party agrees that any action or proceeding with respect to this Agreement may only be brought in a federal or state court situated in the District of Columbia, and by execution and delivery of this Agreement, such party irrevocably consents to jurisdiction and venue in each such court. 22. Attorneys' Fees: Grantee agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by Foundation in connection with any litigation concerning this Agreement should Foundation prevail against Grantee in such litigation, whether commenced by Foundation or Grantee. 23. Third Party Beneficiaries: It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 24. Notices: Any notices or communications given under this Agreement must be made in writing (a) if to Foundation, at the address of Foundation as hereinabove set forth or at such other address as Foundation may designate by notice, or (b) if to Grantee, at the address of Grantee as hereinabove set forth or at such other address as Grantee may designate by notice 25. Entire Agreement; Modifications: This Agreement contains the entire agreement between Foundation and Grantee and cannot be changed, modified, amended, waived or canceled except by an agreement in writing and executed by each of the parties hereto. 26. Counterparts and Facsimile Signatures: This Agreement may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile signature by any parry and such signature will be deemed binding for all purposes hereof without delivery of an original signature being thereafter required. -7- IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized signatories as of the date first above written. U.S. Soccer Foundation City of Kenai By: (Sign) Name: Ed Foster - Simeon Name: (Print Name) Title: President Title: (Print Title) Date: [_, 2013] Date: (Print Date) 10 V rzo Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -12 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING • BUDGET TRANSFER WITHIN THE GENERAL FUND - NON - DEPARTMENTAL TO THE CITY MANAGER'S DEPARTMENT FOR OUTSIDE LEGAL SERVICES FOR BUILDING CODE ENFORCEMENT. WHEREAS, the City has retained outside legal counsel to represent the City in a building code enforcement action; and, WHEREAS, sufficient funds were not budgeted in the City Manager's Professional Services for these services; and, WHEREAS, budgeted contingency funds are available to pay for these services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund From: Non - Departmental - Contingency $25,000 To: City Manager - Professional Services $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20t11 day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk �/ Approved by Finance: _ \\ the alfv of M To: Rick Koch, City Manager "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 From: Terry Eubank, Finance Director Date: February 14, 2013 Re: Resolution 2013 -12 Resolution 2013 -12 authorizes a budget transfer from General Fund Contingency to City Manager's Professional Services in the amount of $25,000 to pay for outside legal services in excess of budgeted amounts. The City has contracted for outside legal services in connection with enforcement of the City Building Code. KENAI CITY COUNCIL WORK SESSION DIPNET FISHERY ALTERNATIVES FEBRUARY 6, 2013 5:30 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor P. Porter, R. Molloy, M. Boyle, T. Bookey, B. Gabriel, T. Navarre Others present: City Manager R. Koch, City Attorney S. Bloom, City Clerk S. Modigh Mayor Porter began the work session at approximately 5:30 p.m. City Manager Koch provided an overview of the previous work session held on January 7 conducted to review and discuss the 2012 Dip Net Report and alternatives for the 2013 Personal Use Fishery. Koch advised it's the intent of administration as a short term solution to provide management of the fish waste by increasing the effort to move fish waste to tideline during low tides and to collect other solid waste in collection receptacles. The long term intent is to work towards providing multiple containers on the north and south beaches for disposal of fish waste. Council provided an opportunity for residents to give testimony on the proposed alternatives. Many residents spoke in favor of the City requiring individuals to remove the fish whole or to remove gut and gill from the Kenai beaches. Council Member Molloy and Boyle spoke in favor of alternative number three requiring individuals remove gut and gill prior to leaving the beach. Gabriel recommended an incentive for individuals to remove their fish along the lines of offering ice to keep fish cold. Navarre spoke in favor of number two and working together with other agencies for further improvements. Council and Koch discussed the cost associated with all proposed alternatives and fee increases which will be required to cover the expenses to manage the proposed alternatives. The work session was adjourned at 6:40 p.m Notes prepared by: Sandra Modigh, CMC City Clerk KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 6, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 htto: / /www.cl.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on February 6, 2013, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call 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 "Austin Daly, Student Representative 3. Agenda Approval Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter noted the City Attorney requested the Executive Session be removed from the agenda. MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda 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. '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 1. Ken Coleman, Upper Cook Inlet Task Force — East Side Setnet Presentation Mr. Coleman showed a video of current issues affecting the East Side Setnetters. C. UNSCHEDULED PUBLIC COMMENTS Megan Smith, 705 Laura Drive — spoke in favor of suggestions made in Mr. Coleman's video. D. PUBLIC HEARINGS 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). MOTION: Council Member Bookey MOVED to approve Ordinance No. 2674 -2013 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment. Preston Williams, 2565 Watergate — inquired about proposed changes being made to code. Vice Mayor Marquis noted the changes were to clean up the language in the code to ensure accurate information with which to make decisions. Council Member Boyle spoke against the ordinance. City of Kenai Council Meeting Minutes - Page 2 of 8 February 6, 2013 Council Member Bookey noted the changes would make the City code up to date. VOTE: YEA: Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: Boyle "Student Representative Daly: YEA MOTION PASSED. 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. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2675 -2013 and Council Member Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2675 -2013 to the next meeting (February 20, 2013) and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: " *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Work Session Notes of January 16, 2013 (Investment Report) 2. *Regular Meeting of January 16, 2013 3. *Work Session Notes of January 22, 2013 (Proposed Estuary Rehabilitation Project) Meeting minutes and work session notes were approved by the consent agenda. F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified City of Kenai Council Meeting Minutes Page 3 of 8 February 6, 2013 MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Non - Objection of Liquor License Renewal for the Peninsula Moose Lodge #1942, License No. 2494. Council Member Bookey stated the City of Kenai has determined that Peninsula Moose Lodge #1942 has satisfied all obligations to the City and therefore the City has no objections to the renewal of Liquor License No. 2494. MOTION: Council Member Bookey MOVED 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. Council Member Molloy SECONDED the motion. Council Members Boyle and Navarre disclosed they were members of the lodge. Mayor Porter found they had no conflict and could vote. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: " *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 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." MOTION: Council Member Bookey MOVED to approve the 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' and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 4 of 8 February 6, 2013 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." MOTION: Council Member Molloy MOVED to approve the 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' and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 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. MOTION: Council Member Molloy MOVED to approve the 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 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Action /Approval — Mayoral Nomination and Council Confirmation of Melody Niichel to the Library Commission. 4[011 [07.li Council Member Bookey MOVED to confirm Melody Niichel to the Library Commission and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. 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 (ICAC). Ordinance No. 2676 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. City of Kenai Council Meeting Minutes Page 5 of 8 February 6, 2013 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. Ordinance No. 2677 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. 9. *Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. Ordinance No. 2678 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. H. COMMISSION /COMMITTEE REPORTS Council on Aging — Vice Mayor Marquis noted the February meeting had been cancelled and the next meeting would be March 14, 2013. 2. Airport Commission — Council Member Gabriel reported the next meeting would be February 14, 2013. 3. Harbor Commission — Council Member Molloy noted the next meeting would be February 11, 2013. 4. Library Commission — Council Member Boyle reported the commission met on February 5 and discussed non - resident fees. 5. Parks and Recreation Commission — Council Member Bookey reported the next meeting would be February 7, 2013. 6. Planning and Zoning Commission — Council Member Navarre noted the commission met on January 23; Ordinance No. 2656 -2012 would be returned to Council at its March 6 meeting suggesting no changes to current code; and, set a public hearing for February 13 on the final version of the Comprehensive Plan. 7. Beautification Committee — Mayor Porter noted the summary was in the packet. 8. Mini -Grant Steering Committee — Mayor Porter reported the committee awarded one grant with stipulations. REPORT OF THE MAYOR Mayor Porter reported the following: • She attended the Employee Appreciation Dinner. • Coffee with the Mayor was well attended. • Presented the Mayor's Award of Excellance to Tim Wisniewski at the Senior Center Volunteer Dinner. • Attended Carol Brenckle's memorial service. City of Kenai Council Meeting Minutes Page 6 of 8 February 6, 2013 Attended the Chamber of Commerce awards banquet, where the City received the Service to Youth award. Worked with City Manager Koch on a resolution requesting the Board of Fish hold their meeting in Kenai. J. ADMINISTRATION REPORTS City Manager — Koch reported the following: • A public hearing on the final draft of the Comprehensive Plan would be at the February 13 meeting. • Suggested a work session be set through the Clerk's office regarding the Comprehensive Plan. • He would be bringing forward a resolution to amend the Capital Improvement Project list. • The City received good ratings through the Insurance Services Office. • He would miss Carol Brenckle who recently passed away. • There would be a press conference on February 8 at 3:00 p.m. regarding a grant received from the US Soccer Foundation. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Navarre reported he attended the Chamber of Commerce Awards banquet and the Senior Connection meeting. Council Member Gabriel reported he attended the Employee Appreciation dinner and thanked Administration for their work on the dip net options. Council Member Bookey had no comments. Student Representative Daly reported the Kenai Central High School Battle of the Books team was headed for the state competition. Vice Mayor Marquis thanked the attendees of the dip net work session for their attendance and input. Council Member Molloy had no comments. Council Member Boyle thanked the public for their 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. City of Kenai Council Meeting Minutes Page 7 of 8 February 6, 2013 Executive Session was removed from agenda during approval of the agenda. M. PENDING ITEMS 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.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:12 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk * "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Minutes Page 8 of 8 February 6, 2013 u MEMO: "Villaye with a Past, Gi� with a Future', 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1"2 TO: Honorable Mayor and City Council Members FROM: Rick Koch, City Manager Scott Bloom, City AttorneV" Sandra Modigh, City CIt" DATE: February 14, 2013 ((� SUBJECT: Review of City Commissions, Committees and Council on Aging The City Council tasked the City Clerk, Attorney, and Manager to analyze the structure, duties, operations, and responsibilities of the City of Kenai's boards, committees, commissions and councils and provide a work product at the February 20, 2013 meeting. To date Administration has met with several of the committees /commissions to conduct the review but have not had an opportunity to meet with all groups. As such, Administration is requesting a 60 day extension to allow time for completion of the review and to compile recommendations for proposed improvements. If approved, a work product will be provided for Council's review at the April 24`" meeting. Your consideration is appreciated. m 0 N 0 W J (L a D U) C7 z 4 LU w a r 73 0 Q J Z O F Q U LL F J U Z 0 fl U Z F J LLJ LL W N } Z N U 0 W ❑ Z Z Q 3 � C o m a im o LL 0 o LL 60 Z; C z W O W W Z J w J O �z ao c° w IL u > ¢ ff O a z LU W Q O rn % § \ CO ca } \ S N CN § § \ ;Z§ §ƒ \) \Z ED } $ $ y \ LU j \ \ } 0 / i U \ \ § 5 LU ) { §: / 0 k ) 7 § CD& k )� /} k§ a) 2= \k \\ / � / [ A� j\ ir/ \ \ \ 2 E > \ S N CN § § \ ;Z§ §ƒ \) \Z ED } $ $ y \ LU j \ "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us fhe Illy o f Kenai KENA19 ALASKA �d 2011 MEMO* �TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager /IN11 DATE: February 11, 2013 SUBJECT: Special Use Permit - Buccaneer Alaska Operations, LLC Lot 8, Kenai Industrial Park Subdivision Preliminary Plat The purpose of this memo is to provide information in support of the attached Special Use Permit to Buccaneer Alaska Operation, LLC (Buccaneer). The property subject to the permit is Airport Land located outside the Airport reserve in the proposed Kenai Industrial Park Subdivision on Marathon Road. Buccaneer has operated at this location under a non - exclusive Special Use Permit approved by the City Council at its April 4, 2012 Council Meeting. The Permit is scheduled to expire on February 28, 2013. The City of Kenai Planning Commission approved a Conditional Use Permit to Buccaneer for the extraction of natural resources at this site on January 26, 2011, and the permit continues as long as the use does not cease for an extended period of time. Since issuance of the original permit, Buccaneer has installed an access road, gravel pad, production facilities, and has drilled an additional well (Kenai Loop No. 4). Buccaneer has submitted a Lease Application to lease the property for future drilling and production facilities for a term of 20 years. The application: has not yet been accepted as complete pending additional information to be submitted by Buccaneer as well as the final approval of the FAA for non - aeronautical land use. The City Attorney has reviewed the attached Special Use Permit and has no objection as to form. Should the City Council approve the Permit, Buccaneer will be able to continue to utilize the property while its lease application is pending review. Attachments cc: Mark Landt, Buccaneer Alaska Operations, LLC SPECIAL USE PERMIT THE CITY OF KENAI (City) for the consideration, and pursuant to the conditions and requirements set forth below, hereby grants the right to use the Premises, identified in Exhibit A to this Permit, which exhibit is incorporated herein by reference in its entirety, to BUCCANEER ALASKA, LLC: 1. Term. Permittee shall have a non - exclusive use of the Premises to commence on the 1st day of March, 2013, and to end on the 28th day of February, 2014. 2. Premises. The Premises subject to this Permit is identified in Exhibit A, and is further described as: A parcel of land for access and exploratory drilling located north of the fire training facility off Marathon Road on City of Kenai lands situated in the unsubdivided portion of the NW 1/4 Section 33,Township 6 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District (KN), Third Judicial District, State of Alaska, and more particularly described as follows (courses and distances are Alaska State Plane Zone 4): Commencing at the northwest corner of Tract A -1 -A Baron Park Subdivision Fire Addition KN 97 -51 on the easterly right -of -way line of Marathon Road, Thence Course N 7 026'03 "E Distance 343.38 ft. along said right -of -way line to the Point of Beginning, being Corner No. 1; Thence Course N 89 023'34 "E Distance 338.64 ft. across City of Kenai Land to Corner No. 2; Thence Course S 0 036'26 "E Distance 340.00 ft. across City of Kenai land to a point of intersection on the northerly boundary of said Tract A -1 -A being Corner No. 3; Thence Course N 89 °23'34 "E Distance 500.00 ft. across City of Kenai land along the northerly boundary of said Tract A - 1 -A to Corner No. 4; Thence Course N 0 °36'26 "W Distance 400.00 ft. across City of Kenai to Corner No. 4 Thence Course S 89 °23'34 "W Distance 830.16 ft. to a point on the easterly right -of -way line of Marathon Road being Corner No. 6; Thence Course S 7 °26'03 "W Distance 60.68 ft. along said right -of -way line to the Corner No. 1, the Point of Beginning thus embracing Area: 5.05 Acres (226,064 sq. ft.). Buccaneer Alaska, LLC Page 1 of 7 Special Use Permit 3. Use. The permitted use is to construct approximately 550 lineal feet of access road, a 400' x 500' drill pad, drill Kenai Loop #1 and Kenai Loop #4 Well and production and compressions facilities for the sale of natural gas. This use is more specifically described in the "Plan of Operations" in the attached Exhibit A, and all such uses are subject to Permittee applying for and obtaining all required permits for such activities and to Permittee observing all conditions and requirements of said permits. The use of the Premises is limited to the purposes specified. This use is also subject to the administrative actions of the City of Kenai for public safety and the protection of maintenance of Premises and of adjacent and contiguous lands or facilities. 4. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for its operations under the Permit and/or as described in Exhibit A. Permittee shall provide proof of compliance to the City upon request by the City. 5. No Exclusivity. The use by the Permittee of the Premises is limited to the uses and purposes specified herein and the Permits is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Without limitation of the foregoing, Permittee expressly recognizes and has notice that the access road to be constructed on the Premises by Permittee may be used by the City and the City's designees. 6. Improvements. Improvements described as the access road and drill pad shall remain in place following the term of this Permit and shall become the property of the City. 7. Permit Fees. Permittee shall pay a monthly fee of $1,333.33, plus applicable sales tax. This fee is computed based upon the following calculation: 200,000 s.f. x $1.00 s.f / 8% annual fee / 12 months). The fee shall be due on or before the first day of each month beginning March 1, 2013. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 Fidalgo Ave., Kenai, Alaska 99611. Permittee further agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided or as may become due otherwise, including but not Buccaneer Alaska, LLC Page 2 of 7 Special Use Permit limited to any amounts due from Permittee and owed to the City under any other agreement or permit now existing or later issued and sales tax now.enforced or levied in the future and computed upon fees due, with sales tax due in monthly installments at the same time Permit Fees are due. Permittee shall pay and be liable for interest at the rate of eight percent (8 %) per annum and penalties of ten percent (10 %) of the amount due, on any amount of money owed under this Permit which is not paid on or before the date it becomes due. 8. Insurance. Permittee, at the expense of the Permittee, shall provide insurance covering its activities on and/or in any way arising out of its use of the Premises. Permittee shall provide insurance coverage of the following types and minimum coverage limits. If Permittee's policy(ies) contain(s) higher limits, the City shall be entitled to coverage to the extent of the higher limits: Commercial General Liability including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non -owned motor vehicles the lessee uses. Workers' Compensation Insurance for all Permittee's employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. Products and Completed Operations Liability Insurance. Permittee shall provide Products and Completed Operations Liability Insurance in at least the following coverage limits: • $100,000 bodily injury combined single limit per occurrence; • $300,000 bodily injury aggregate; and, • $100,000 property damage combined single limit per occurrence. All of the policies required above shall be issued by a company /corporation currently rated "A - "or better by A.M. Best. With respect to the policies of insurance listed above, Permittee shall provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. Permittee shall provide this proof of insurance to Buccaneer Alaska, LLC Page 3 of 7 Special Use Permit the City (attention to the City Manager) prior to beginning any activities on the Premises. All insurance must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. All policies shall name the City as an additional insured. If Permittee subcontracts any work on the Premises, all of its subcontractors shall be subject to the same insurance requirements. Permittee shall identify its subcontracts and provide the same evidence of insurance coverage to the City prior to the subcontractor performing work. 9. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and /or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any breach of this Permit or from any negligent act or omission or willful misconduct of the Permittee in connection with its use of the Premises and its activities thereon. 10. Assignment. Permittee may not assign, by grant or implication, the whole or any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this Permit which an assignee fails to perform. 11. Permittee's Obligation to Prevent and Remove Liens. Permittee will not permit any liens including, but not limited to, mechanics', laborers', material men's, or mining liens or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity (including Buccaneer Alaska Operations, LLC or Buccaneer Energy, Ltd.) or claimed to have been furnished to Permittee or to the Permittee's agents, contractors, or related entities, in connection with materials supplied to Permittee for its activities on the Premises and/or in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Permittee. Provided, however, the Permittee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee's own expense. Buccaneer Alaska, LLC Page 4 of 7 Special Use Permit 12. Mutual Cancellation. This permit may be cancelled in whole or in part by either parry with one (1) calendar month written notice. In the event that the Permit is cancelled by City, or upon the Permittee's abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time thereafter, re- enter, and resume possession of the Premises or portion thereof, and remove all persons and property therefrom, without being liable for any damages to Permittee. 13. No Alcohol. No possession or consumption of alcoholic beverages is permitted on the Premises. 14. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus its storage charges. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. 16. Assumption of Risk. Permittee will provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 17. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 18. No Discrimination. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 19. Payment of City's Costs. Permittee will pay all reasonable actual expenses, costs, and actual attorney fees City may incur, with or without formal action, to enforce, defend, or protect the City's property interest in the Premises and the City's rights under this Permit, including any expense incurred with respect to environmental compliance, bankruptcy, liens, or any proceeding that involves the Permit, the Premises, or improvements or personal property on the Premises. Permittee will make payment within 30 days of the date of each notice from City of any amounts payable under this provision. Buccaneer Alaska, LLC Page 5 of 7 Special Use Permit 20. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Mark Landt Buccaneer Alaska, LLC 952 Echo Lane Houston, Texas 77024 Message Phone: 281.768.7650 Fax: 832.201.7495 The Contact information for the City, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from Permittee to the City is: City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: 907.283.8223 Fax: 907.283.3014 Email: rkoch @ci.kenai.ak.us 21. Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the organization to bind the organization hereunder. 22. Survival. The obligations and duties of Permittee under paragraphs 9 and 11 of this permit shall survive the cancellation, termination or expiration of this permit. CITY OF KENAI an Rick K. Koch City Manager Buccaneer Alaska, LLC Page 6 of 7 Special Use Permit BUCCANEER ALASKA, LLC STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) Mark R. Landt Vice President of Land and Business Development The foregoing instrument was acknowledged before me this day of 2013, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this _ day of 2013, by Mark R. Landt, Vice President of Land and Business Development, of Buccaneer Alaska, LLC, an Alaska limited liability company, on behalf of the Company. Notary Public for Alaska My Commission Expires: Approved as to form: Scott Bloom City Attorney Buccaneer Alaska, LLC Page 7 of 7 Special Use Permit -4,4' 11 1 SEC33.111, 1�y1_1 SEC>211 1 I II1 I I 11 la 11 I l h 1¢ ♦ 1T i - -- Illsf 1 Exhibit A c".1RE., __ SEC 36 N SELiIDN LINE NOT TO SCgLE CITYOF NENRI UNSUMONIDED FORTION OF SECM76NRIIW II III � f l I - - ��- NENAI LOOP NO IF] STAD KE SUR2TASPZO i6O - -- ' CRYOF RENPI TRgOTA.1 M NNYNM]t I NAO]Ig5F2ONEN SEC 1t T6N RpW I &55 SOLE �IcWON;3a0]l8 1�" I VTl% E96 ]4.11AG -N LUNOITUDE. 151'1]]32135'W ELEV, E2S 3MVDSS I i �aorFWl I1� Ifl1 6EGi6CT' pN ]] i0W RItW SM BUCCANEER ALASKA, LLC 2500 TANGLEWILDE AVE., SUITE 340 HOUSTON, TX 77063 L —� Fc mn.. u e.`Fw�N1E'ow�vN �I YI 3 I 1 I �B -�I1 1 '1 II 1 1 1 II i 1 I' 1 KENAI LOOP NO. 1 AS- STAKED SURFACE LOCATION DIAGRAM NAD 27 SEC, 33 T6N R71 W SEWARD MERIDIAN, ALASKA 1 .1 op. A(.9y �T APt� �t w 401H TR i �6'Sl.x .. NrVNE SOLE A •q. .n.r .'_ �EI3.+,.,`,,.w✓� �L FEEi KENAI LOOP NO. 1 AS- STAKED SURFACE LOCATION DIAGRAM NAD 27 SEC, 33 T6N R71 W SEWARD MERIDIAN, ALASKA 1 .1 PLAN OF OPERATIONS KENAI LOOP WELL #4 DRILLING PROGRAM KENAI PENINSULA, ALASKA Prepared for Buccaneer Alaska Operations, LLC Houston, Texas Prepared by Northern Consulting Group Anchorage, Alaska June 1, 2012 Table of Contents 1. Permit Requirements ....................... ............................... 1 2. Overview and Timetable ................... ............................... 2 3. Well Site Access ............................. ............................... 2 4. Drilling ......................................... ............................... 2 4.1 General ................................... ............................... 2 4.2 Support Facilities ....................... ............................... 3 4.3 Testing and Surveys .................... ............................... 3 5. Water Requirements and Sources ........ ............................... 3 6. Waste and Emissions ....................... ............................... 4 6.1 Drilling Wastes ....................... ............................... 4 6.2 Non - Drilling Wastes ................. ............................... 4 6.3 Produced Fluids ....................... ............................... 4 6.4 Air Emissions ......................... ............................... 4 7. Well Abandonment and Site Closure ... ............................... 5 8. Environmental Issues and Contingency Plans ........................ 5 8.1 Wildlife Issues ........................ ............................... 5 8.2 Oil Spill Contingency Plans ........ ............................... 6 8.3 Historical, Archaeological and Cultural Resources ............. 6 9. Communication and Supervision ........ ............................... 6 10. Training ....................................... ............................... 6 11. Public Involvement .......................... ............................... 7 List of Figures Figure 1. Location Map for Existing Kenai Loop Pad ............................ 8 Figure 2. Figure 2. Well Pad Layout ........................ ............................... 9 Figure 2. Figure 3. Glacier Rig 1 Layout ................... .............................10 Plan of Operations Page i June 1, 2012 Permit Requirements The Plan of Operations describes drilling operations proposed by Buccaneer Alaska Operations, LLC ( "Buccaneer ") the Kenai Loop Well 94 on the Kenai Peninsula in Southcentral Alaska. These operations require developing plans and obtaining permits and approvals from the following agencies /organizations: United States of America Federal Aviation Administration • Obstruction Evaluation/Airport Airspace Analysis State of Alaska Alaska Department of Natural Resources (ADNR) Mental Health Trust Land Office • Lease Plan of Operations - Required to conduct the drilling operations Alaska Department of Environmental Conservation (ADEC) • Minor General Air Quality Permit - Rig - specific permit is required • Authorization for Temporary Storage of Drilling Waste - Permit required temporary storage of drilling wastes on site Alaska Oil & Gas Conservation Commission (AOGCC) • Applications for Permit to Drill and Sundry Notices - Required for each well Local City of Kenai • Oil and Gas Well Permit Plan of Operations Page 1 June I, 2012 2. Overview and Timetable Buccaneer proposes to drill one additional well into Mental Health Trust Land Office (TLO) oil and gas leases located within the City of Kenai on the Kenai Peninsula. The general timetable for various activities are outlined as follow: • May to June 2012 - Permit the Kenai Loop Well #4 on the existing Kenai Loop well pad. • June to August -Drill and test the Kenai Loop Well #4. The requirement for additional wells at the Kenai Loop Field is currently being assessed. 3. Well Site Access The site is located approximately 0.5 mile up the Marathon Road and on an existing drilling and production pad on the east side of the road. The existing pad has a 500 ft long gravel access road for access. 4. Drilling Operations 4.1 General The wells will be drilled using the Glacier Drilling Rig #1, or equivalent drilling rig. The planned well design will be similar to that employed in previous Cook Inlet exploration wells and in accordance with a Permit to Drill from the Alaska Oil and Gas Conservation Commission (AOGCC). Nearly all information regarding the down hole aspects of the well is confidential. The existing gravel pad at the site is currently 300 ft by 400 ft. The access road is constructed of gravel and is about 30 feet wide. Subsurface ownership for all areas to be drilled is held by State of Alaska Mental Health Trust Land Office. Surface ownership for the existing pad is held by the City of Kenai. Buccaneer will acquire the required State Oil and Gas Bonds for the proposed drilling operations. Plan of Operations Page 2 June 1, 2012 4.2 Support Facilities The drilling pad will include the drilling rig, office building, warm and cold storage areas, and maintenance buildings. The onsite office will contain housing for several personnel including the Drilling Supervisor and the Toolpusher. All other drilling personnel will be housed offsite in existing facilities available locally. Up to 10,000 gallons of diesel fuel may be stored at the drilling site in lined, bermed fuel storage areas. Fuel will be re- supplied to the site from existing local suppliers. Communications systems will be installed in the office building. 4.3 Testine and Surveys Production tests may be performed as needed after production casing is set. Testing may include extended flow periods to determine the productivity of the well. Testing will be accomplished in accordance with approved techniques. Vertical seismic profiles (VSPs) may be acquired using off road capable vibroseis trucks. These operations will generally occur within a 2 -mile radius of the surface location of the well. 5. Water Requirements and Sources Fresh water is needed primarily for drilling operations. Normal water requirements are expected to be less than 1,000 gpd except when mixing new drilling mud in which case 10,000 gpd may be required. Water will be provided from the City of Kenai who has a water hydrant located across Marathon Road near the drilling location. New sources of water are not required. Plan of Operations Page 3 June 1, 2012 6. Wastes and Emissions 6.1 Drilline Wastes An estimated 2,000 bbl of water based drilling mud and cuttings may be generated from the operations. Waste drilling mud and cuttings may either be injected into existing wells in the area or be hauled to existing offsite facilities for disposal. Prior to hauling, the cuttings and liquids will be temporarily stored in onsite containers either on the well site or at the staging areas, but in either case storage will be in compliance with ADEC temporary storage permits. All wastes will be disposed of prior to completion of the operations. 6.2 Non- Drilline Wastes Solid, non - burnable waste will be deposited in dumpsters located at the site. These containers will be hauled to local landfills for disposal. The food waste that could attract wildlife either will be stored in enclosed containers awaiting periodic hauling, or such wastes will be hauled each day to an approved disposal center. To reduce the amount of trash that must be hauled from the drilling location, all solid, burnable waste may be incinerated at the location in accordance with 18 AAC 50. The ash will be hauled to the existing landfills. Limited wastewater generated onsite will either be treated and disposed of onsite in accordance with federal /state permits or be hauled to an approved disposal facility locally. The drilling operations should generate less than 1,000 gpd of domestic wastewater. 6.3 Produced Fluids All fluids from testing will be held in tanks until the testing is completed. After testing, the fluids will either be injected back into the formation from which it was produced or hauled to Nikiski oil and gas production facilities for processing and/or product recovery. 6.4 Air Emissions Sources of air emissions from the operation are rig engines, camp generator engines, steam generators, waste oil burners, hot -air heaters, light plants, incinerators and well test flaring equipment. Buccaneer will obtain the ADEC General Permit MGPI for Oil & Gas Drilling Rigs and will comply with the stipulated parameters established under this authorization. Plan of Operations Page 4 June 1, 2012 7. Well Abandonment and Site Closure Upon completion of drilling and evaluation operations, all debris will be hauled to an approved disposal site. Spills or soil contamination occurring on the pads will be removed and disposed of at an approved manner or disposal facility. Depending on the results of the drilling activities and/or testing, the well may either be plugged and abandoned in accordance with applicable AOGCC regulations, left in a condition to re -enter and resume drilling operations in a succeeding year, or left in a condition to permit the well to be produced. If the drilling is not successful, the access road and pad will be left in place in accordance with desires of the City of Kenai who is the land owner. 8. Environmental Issues and Contingency Plans 8.1 Wildlife Issues The usual wildlife that could be in the area during the winter include owls, ravens, foxes, moose, and brown and black bears. Encounters with wildlife are expected to be minimal as the drilling location is adjacent to existing activities within the City of Kenai. Project personnel will be instructed not to feed wildlife of any type or in any other way attempt to attract them either at the drill site or on the roads. Food will be kept inside buildings or containers that minimize odors. Hazardous materials will be kept in drums or other secure containers. Building and drill pad layouts will be designed to maximize visibility and minimize potential areas that a bear could crawl into or otherwise be hidden from view. Any sightings will be immediately reported and the personnel in the area warned of the location of the bear. 8.2 Oil Spill Contingency Plans Buccaneer will have an approved Oil Discharge Prevention and Contingency Plan (C- Plan) for drilling operation into the oil bearing formations (Hemlock Formation). Information related to immediate response actions, receiving environments, spill cleanup mobilization response times and well control can be found in that plan. Buccaneer plans to use Alaska Chadux Corporation (ACC) as a Primary Response Action Contractor for drilling in oil bearing formation. The Kenai Loop Well # 1 that was previously drilled at the pad was determined by AOGCC /ADEC to be a natural gas well that is exempt from having a C -Plan. The Kenai Loop Well 43 is being drilled to the same formations and will also be a natural gas well that is exempt from having a C -Plan. Plan of Operations Page 5 June 1, 2012 The drilling contractor holds an EPA Spill Prevention Control and Countermeasure Plan (SPCC Plan) for their fuel storage facilities associated with drilling operations. 8.3 Historical, Archaeoloeical and Cultural Resources Cultural resources studies for site clearance were conducted to assess any known sites, and to locate unknown sites. These included a surface inspection of the site in October and December of 2010 and examination of test pits conducted to determine soils conditions in December 2010. There were no sites identified in the studies to indicate that historical, archaeological or cultural resources would be impacted by the project. 9. Communications and Supervision The following persons may be contacted for details on the project: or Mark R. Landt Buccaneer Alaska Operations, LLC 952 Echo Lane, Suite 420 Houston, TX 77024 214- 738 -6945 (phone) or mlandt@buccaneeralaska.com (email) Robert Britch Northern Consulting Group 2454 Telequana Drive Anchorage, AK 99517 1- 907 - 243 -7716 (office phone) or bbritch&alaska.net (email) A Buccaneer designated representative will be on site at all times during operations. Twenty -four hour phone service will be available at the drilling camp. 10. Training Buccaneer will require that all drilling contractor personnel have 8 -hour HAZWOPER (or equivalent) and specialized onsite environmental training specific to Buccaneer operations. Plan of Operations Page 6 June 1, 2012 11. Public Involvement Buccaneer will hold meetings locally as appropriate to present additional information concerning the initial drilling and development program. The permitting actions associated with these exploration wells will be public noticed in selected publications as part of the permit review process. Plan of Operations Page 7 June 1, 2012 rl (//J2 % L r L 1 i sa l Scale 0 ] 2 Miles Figure 1. Location Map for the Existing Kenai Loop Pad. Plan of Operations Page 8 June 1, 2012 • M �� Ar. \..AF, g���� eta} �.,•\ S . }4 Y%t ` �1 +. F �.. -< M . �-0cf 'fir y,;szG�•,1L , a . .� �. _ - i sa l Scale 0 ] 2 Miles Figure 1. Location Map for the Existing Kenai Loop Pad. Plan of Operations Page 8 June 1, 2012 529 525 -4 1 - S32 53l � 1111 1 � 1 111 11 � Illl wlq i 1 I = 11 bg'I 1 II1,� I J &J __ _ __ ` 1161 ) CRY OF KENAI N949RD51 (l 1 I I 1 I 11 I I SEC 33TBNMIW CITY OF KEW UNSUBMI ED PORRONOF SEC33T8NRIM s33 _oso LEASE BNORV TW $4 BECKON LINE NDT TO SCAIE _�Of � SEC25 1N SECTIOWL —W NOT TO SCALE' u NORTH SCALE e� I 11 KENNLOOPNO.4 VVELA. 1 ASSTAKED StHFA E LOCATION NAO77ASPZCW4 I OIEDR2W -=I GROE279T35.3M LATITUDE 103011.525' N 1 LONOIRA@ 151Y327mr W 1255 FWL 12581 m SECEPON337INNRIIW SMAK BASIS OF HORIZONTAL AND VERTICAL CONTROL WAS ATIONS'K N1 AN NOS OPUS SEA PIDN FROM CORS BASE rATKK4S 1EN1 PD AF9518','TSEA PD AN195rAM0 7AN1 PID :8153' OBSERVED AUGUST 17.2M7 FOR MCI CONTROL STATION : Poi: ALASKA STATE PLANE MAD 83 ZONE 4 EPOCH 20G3 DATUM 863 GEOID 06 NAVDBS DATUM VERE CONVERTED FROM NAD93 TO MAD27 SON VERSION 8.0.1. OFFSETS DETERMINED FROM DIRECT SURVEY 1 EASTIKS MM CORNERS RECOVERED AND NOT 5/ BUCCANEER ALASKA, LLC' 952 ECHO LANE KENAI LOOP NO, 4 WELL AS-STAKED SUITE 420 SURFACE LOCATION DIAGRAM NAD 27 .µ.. .,@ SEC. R1 1W SEWAR M D MERIDIAN, ALASKA Figure 2. Well Location. Plan of Operations Page 9 June 1, 2012 i cl W a0 cr� W 5Q 1 z LL U Z -j ... w tL 4V. m Y ca J 4' r =W z Q i J r `� !1 � 1 ' 1 Plan of Operations Page 10 June 1. 2012 0 .a .y bD a U M L 7 bn W6 MEMORANDUM "'Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII1 1992 TO: Honorable Mayor and City Council Members FROM: Sandra Modigh, City Cl fl� DATE: February 14, 2013 RE: Liquor License Renewal(s) The establishments listed below have submitted applications to the Alcoholic Beverage Control Board for renewal of their liquor license. Pursuant to KMC 2.40, the following applicants have satisfied all obligations to the City: D &E Investments Inc., d/b /a The Bow BPO Elk's Lodge #2425 Three Bears Alaska Inc., d/b /a Three Bears Peninsula Oilers Baseball Club Inc., d/b /a Peninsula Oilers Recommendation: State the following findings into the record: "The City of Kenai has determined that D &E Investments Inc., d/b /a The Bow; BPO Elk's Lodge #2425; Three Bears Alaska Inc., d/b /a Three Bears; and Peninsula Oilers Baseball Club Inc., d/b /a Peninsula Oilers have satisfied all obligations to the City and therefore the City has no objection to the renewal of their liquor licenses." 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 liquor license renewal for the Bow, BPO Elk's Lodge #2425, Three Bears, or Peninsula Oilers." u MEMORANDUM IlVillaye with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1'Il�i 1992 TO: Terry Eubank Finance Department Jacqueline Vhr?Hatten, Legal Department Christine Cunningham, Lands Manager FROM: Sandra Modigh, City Cle DATE: February 8, 2013 RE: Liquor License Renewal I am in receipt of the following liquor license renewal notice D & E Investments Inc., d /b /a The Bow Please review the water and sewer billings, lease /property payment history, if a payment plan is current, etc. of the applicant and advise if the account(s) are current or not. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts (water /sewer, lease payments, payment plan, etc.). It's my intent to have the aforementioned license renewal before council at the February 20, 2013 meeting. Please let me know if you have any questions. Thanks nave cumpietea your section, please route to me next 1. gal 7i initials I have reviewed all financial obligations for my department and the above reference applicant is current. C3 The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 2. Lan Management -O initials I have reviewed all financial obligations for my department and the above reference applicant is current ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts ,3. Finance initials td` j I have e all financial obligations for my department and the above reference applicant is current ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. Returned to Clerk's office KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 o PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 "AFt__L Email: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK February 6, 2013 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 The Bow License Type Beverage Dispensary License Location City of Kenai License No. 1312 Dear Ms. Lambert, 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, n / / ) Y Johni Blankenship, MMC Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File -4K cece � 2013/2014 Liquor License Renewal License Number License Type Establishment Name 1312 Bevera a I lispensary The Bow .�^� Seasona[ Date Fram: Seasonal Date. To: Mailing Address Premises Address D & E Investments Inc 502 S Main St 502,5 Main.St Kenai AK 99511 Kenai Kenai Peninsula Boroueh Community Council (Anchorage & Mat -Su only) Title Phone- 'AF, Phone Fax: Email: .�^� 'gyp Em l� er Idert.Scation # i - ?N) N "`_ Please mark the correct box to answer: Was your business open at least 30 days for S hours each day in 2011? Was your business open at least 30 flays for 9 hours each day in 2012? Has the liceused premise changed from 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: jdYes oNo jaYes oNo oYes $No oyes pNo Name & Mailing Address Title Share % Phone �vJ!� .�^� 'gyp N "`_ If not a corporation - List all individuals, spouses, or partners that own business below: Name & Mailing Address Title Phone ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Phone: 907 - 269 -0350 Fax: 907- 272 -9412 Page l of 2 License Fee $ 2500.00 i7n Fee S 200.00 TOTAL $ 2700.00 Late Fee — If Received or Postmarked after 12 /31/12 $ Fingerprint Fee — $51.50 per person (only for new owners /members) $ GRAND TOTAL By affixing my signature below: I.declare under penalty of perjury that i have examined this application and to the best of my knowledge and belief state 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 my certification is currently valid. As a Corpo::ate/LLC Neenaee, 1 certify th24 aii agentf, and employees, who serve. seb. or are otherwise responsible for the service /sale / starage of alcoholic beverages have received alcohol server training and their certification is currently valid. I further certify that certain shareholders /officers /directors /members of the entity that are not directly or inigre dly responsible for the service/sale /storage of alcoholic beverages are not alcohol server trailing certified, and will not be required to be certified 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 A Hie d _ cen-seee Sign / re Printed Name & Title r� *taignature Subscribed and sworn to before me this nd for the State of of Stale Public My commission expires: -- NDAXAP N' sw.e VAlaska rP.y ^,amamssion ExPirz-sA�w 3, 2014 ABC Board - 5848 E. Tudor Rd - Anchorage, AR 99507 Page 2 oft Phone: 907 -269 -0350 Fax: 907- 272 -9412 0A MEMORANDUM "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 TO: Terry Eubanl Finance Department Jacqueline VanHatten, Legal Department Christine Cunningham, Lands Manager FROM: Sandra Modigh, City C16&11\ DATE: February 8, 2013 () " RE: Liquor License Renewal I am in receipt of the following liquor license renewal notice BPO Elk's Lodge #2425 Please review the water and sewer billings, lease /property payment history, if a payment plan is current, etc. of the applicant and advise if the account(s) are current or not. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts (water /sewer, lease payments, payment plan, etc.). It's my intent to have the aforementioned license renewal before council at the February 20, 2013 meeting. Please let me know if you have any questions. Thanks Hinz yuu nave wnipiereu ypw seuiun, please ioum w uie next 1. Legal > initials (I have reviewed all financial obligations for my department and the above reference applicant is current. ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 2. Lapds Management �L initials 0 1 have reviewed all financial obligations for my department and the above reference applicant is current. ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. �3. Finance I �'. initials I have reviewed all financial obligations for my department and the above reference applicant is current. The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts, Returned to Clerk's office. AA�� February 6, 2013 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478.4441 Ext. 2160 Email: assemblyclerk @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 BPO Elks Lodge #2425 License Type Club License Location City of Kenai License No. 368 Dear Ms. Lambert, JOHNI BLANKENSHIP, MMC BOROUGH CLERK 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, Johni Blankenship, MMC Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File 05/16/2010 22:49 9072B3 7729 KENAI ELKS LDDGE Plaice 21!01 a3l2014 s{, 4"Or License.Renewal Please mark the correct box to answer. was vour business -open at least -M days.for S tIOU" each day In 2411? Was your business open,atieast 34 days for.$'hoars each day in 2432? Has the licensed premise changed from the last :diagram submitted? Has any person named in this application been,eonvieted of a Malay or Title4 violation? List an corporation members, managers and shareholders below: MitS a13o Over ONG oyes JR� u'A'5 ONO Name & A Address Title share eta Phe:C a l D aperrcx5 G?ff aZ S4 -3 S 72DS f'„�.tanoYri- fit' - e`. 1e y t e ras csrt 6 f45T1 :Kea/{,` 4lr rr fJ edi- `1117 a -T�►"7 if :e:: a corporation -List all iodividuais,apeuses, or partners *A owa business below_ ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99347 Page 1 of'? Phone: 907 -20 -0350 Fay 907 -2-12 -9412 License Fee S 1200.00 Filin Fee TOOTAL 2ti4 S Late Fee - If Received -or Postmarked after 12 /31/12 S 500:40 Fingerprint Fee - $51.50 per person (only for new owners /members) 5 j j i GRAN) TOTAL $ 19W•00 By affixing my signature below: I .declare under penalty of perjury that l have examined this application and to the Lest of my knowledge and belief state 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 any certification is currently valid. As a Corporate/LLC licensee, l certify- that all agents and employees, who serve, sell or are otherwise responsible for the service /sale/storage of alcoholic beverages have received alcohol server training and their certification is currently valid. i further certify that certain shareholders /officers /direetors /members of the entity that are not directly or indirectly responsible for the service/salelstorage of alcobolic'bevernges are not alcohol server trai certified, and will not be required to be certified. As a licensee, I certify that ail my agents and employees tasked with patron identification ve�rifi ijca1tion ha(I11vblrite alcohol server training and their certification. 18 currentty vtalidl- � !D 1 f 12 2` h 'tD`� U U] 1 r CA fl- ,� .I _ d P a S Y1 Z/ `%-J - Lids Signature Printed Name & Title .- "ti N ry a ue No bih and for the State of �b�t.s�itG M3 commission expires: Subscribed and sworn to before we this S"`� dayof Woiary : CLARK State of Alaska n # 7 14787 Sion Expires r 07, 2013 ,ABC Board - 5848 E. Tudor Rd - Anchorage, Ali 99507 Page 2 oil Phone: 907 -269 -0350 Fax: 907 -272 -9412 13 u "Vlfaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 'Illfi 1992 MEMORANDUM TO: Terry Eubank Finance Department Jacqueline Var Hatten, Legal Department Christine Cunningham, Lands Manager FROM: Sandra Modigh, City Cll�,N DATE: February 8, 2013 RE: Liquor License Renewal I am in receipt of the following liquor license renewal notice Three Bears Alaska Inc., d /b /a Three Bears Please review the water and sewer billings, lease /property payment history, if a payment plan is current, etc. of the applicant and advise if the account(s) are current or not. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts (water /sewer, lease payments, payment plan, etc.). It's my intent to have the aforementioned license renewal before council at the February 20, 2013 meeting. Please let me know if you have any questions. Thanks Once you have completed your section, please route to the next department 1�1 egal 5,% initials (J I have reviewed all financial obligations for my department and the above reference applicant is current. ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 2. Lands Management � initials 1 have reviewed all financial obligations for my department and the above reference applicant is current ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 3. Finance initials I have ed all financial obligations for my department and the above reference applicant is current. ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. Returned to Clerk's office: d KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 p PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK February 6, 2013 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 Three Bears License Type Package Store License Location City of Kenai License No. 4118 Dear Ms. Lambert, 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, / 2_J__ c� V � Johni Blankenship, MMC Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File �RSZj 2013/2014 Liquor License Renewal 3:icense Number Menu Type Establishment Name 4113 Padmge Stogy Three Bears j —Employer Identification # 'IN I seasonal Date From: Seasonal Date To: blailingAddress Premises Address 1lbree Bean Alaska, Inc. 10575 Ktnal Spur Hwy 445 N. Pittman Road, Suite .9 VUasMa,.AK 99623 Citr Kenai oro : Kenai Peninsula Borough Gomm Council Ancbo & Mat -Su Hitt, Phone: 07- 3574311 Fax: " 7-3574312 Email: regulatory• _comphanee @threebearsalaska:com —Employer Identification # 'IN 91- 0081223 Please mark the correct box to answer: Was your business open at least 30 days for 8 hours each day in 2011? Was your business open at least 30 days for $ hours each day in 2012? Has the licensed premise changed from the last diagram submitted? Has any person named in this application been convicted,of a felony or Title 4 violation? IF RESTAURANT EATING PLACE LICENSE: es nNo es oNe oyes 4" Dyes To Gross receipts from sale of food were at least 50% of total :gross receipts for 2011 and 2012? oyes oNo IF PACKAGE STORE LICENSE: Do you intend to ship alcoholic beverages in response to a written orderl oyes do List all corporation members, managers and shareholders below: Name & Moiling :Address Title Share'% Phone Please see attachment Knot a corporation - List all individuals, spouses, or partners that own busduess;below: ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Page 1 of 2 Phone: 907 -269 -0350 Fax: 907 -272 -9412 se Fee $1,500.00 Fee $ 200.00 AL PFIngerprint $1,700.00 Fee — If Received or Postmarked after 12/31/12 Yee — $51.50 per person (only for new rs /members $ GRAND TOTAL $ 1,700.00 By affixing my signature below: I declare under penalty of perjury that I have examined this application and to the best of my knowledge and belief state 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 my certification is currently valid. As a CorporateILLC licensee, I certify that all agents and employees, who serve, sell or are otherwise responsible for the service /sale /storage of alcoholic beverages have received alcohol server training and their certification is currently valid I further certify that certain sharcholders /officers /directors /members of the entity that are not direetly or indirectly responsible for the service /sale /storage of alcoholic beverages are not alcohol server training certified, and will not be required to be certified. As a licensee, I certify that all my agents and employees tasked with patron identification v oaitas a rec 'ved alcohol server training and their certification is currently valid. Licensee Signature Pr meb Name & Title Subscribed and sworn to before me this Notary Signature Notary Public in and for the State of day of /! r ,-� -�- My commission expires:( ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Page 2 of 2 Phone: 907 - 269 -0350 Fax: 907 -272 -9412 Three :Bears Alaska, Inc. Renewal Application for Alaska Liquor License Number 4118 December 27, 2012 Carporate DireoEors.& 10% or Greater Owners Nwne Title ✓if Director ^/ Telephone I Number A. Wasz Sr. Chairman I/ N/A 907- 8834324 IDerrid A.'Weisz` Sr. President 2.99 907 - 357 -4311 ,neat M. wCisz Director ✓ N/A 907 - 8834324 Rachel A. Sadord Treasurer, Asst. Secretary */ NIA 907- 8834324 Pond D. Sonnenberg 'NimPra4dent N/A 907 - 357 -4891 Stephen D. Yt+Fierop Vim President S NIA 907 = 357-1131.1 71ree73ears 1nvestment2dranp, LLC Sbamholder 74,40% 407- 3574311 u "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �e Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 t'II�► 1992 MEMORANDUM TO: Terry Eubank Finance Department Jacqueline VWatten, Legal Department Christine Cunningham, Lands Manager FROM: Sandra Modigh, City Oi@f�1� DATE: February 8, 2013 (� RE: Liquor License Renewal am in receipt of the following liquor license renewal notice: Peninsula Oilers Baseball Club Inc., d /b /a Peninsula Oilers Please review the water and sewer billings, lease /property payment history, if a payment plan is current, etc. of the applicant and advise if the account(s) are current or not. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts (water /sewer, lease payments, payment plan, etc.). It's my intent to have the aforementioned license renewal before council at the February 20, 2013 meeting. Please let me know if you have any questions. Thanks. —1„ yvu nave wiuymmu your seuion, piease route to Ine next 1. 1 ergat 7° initials o I have reviewed all financial obligations for my department and the above reference applicant is current. Q The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 2. Lanos Management initials CDA have reviewed all financial obligations for my department and the above reference applicant is current. ❑ The above referenced applicant is not current and an additional page has been attached to outline delinquent accounts. 3. Finance � initials n I have reviewed all financial obligations for my department and the above reference applicant is current O The above referenced a�ppli'calt1is not current and an additional page has been attached to outline delinquent accounts. Returned to Clerk's office. � KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 QEmail: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK January 18, 2013 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 Oilers License Type Recreational Site— Seasonal License Location City of Kenai License No. 846 Dear Ms. Lambert, F AN 18 KEC'D obi ";' :+ 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, Johni Blankenship, MMC !j Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File 933 j 2013/2014 Liquor License Renewal Feninsula Oilers Baseball Club Inc Tinker Lane & Lawton Dr PO Box 318 Kenai Kenai, AK 99611 v____ Communi Council (Anchorage & Mat -Su onl Share % Phone: 2 3- 71 3 3 Email: lQvn 'n di crSbusehccl/ ceF,0 Fax: x C£f z - 339b Employer Identification # (E 2 Please mark the correct box to answer: Was your business open at least 30 days for 8 hours each day in 2011? oyes oNo Was your business open at least 30 days for 8 hours each day in 2012? 9yes oNo Has the licensed premise changed from the last diagram submitted? oyes >No Has any person named in this application been convicted of a felony or Title 4 violation? oyes ANo List all corporation members, managers and shareholders below: Name & Mailin Address Title Share % Phone r'�ici�ge I Trc� I? .Box 3SFf2 5taidofrru /ryc t��- e5ide�y-/ 9e7-3rib - /oi/ Kth Cole-ot94 // ' ,!f,& 907 -Za 3 - / Si`�G -YOI'1 �Q Pi If not a corporation - List all individuals, spouses, or partners that own business below: ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Pagel of 2 Phone: 907 - 269 -0350 Fax: 907 - 272 -9412 ase Fee Fee $ 400.00 AL $ 200.01 Fee — If Received or Postmarked after 12/31/12 $ 600.00 S Tprint Fee — $51.50 per person (only for new g By affixing my signature below: I declare under penalty of perjury that I have examined this application and to the best of my knowledge and belief state 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 my certification is currently valid. As a Corporate/LLC licensee, I certify that all agents and employees, who serve, sell or are otherwise responsible for the service/sale /storage of alcoholic beverages have received alcohol server training and their certification is currently valid. I further certify that certain shareholders /officers /directors /members of the entity that are not directly or indirectly responsible for the service /sale/storage of alcoholic beverages are not alcohol server training certified, and will not be required to be certified. 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. ✓e Li nec gee Signature Notary Signature Notary Public in and for the State of A 1 as /Sc� My commission expires: c- .) a/ 30 /S 1! /li {'2'4Cj , Pes4C4iT/ Printed Aame & Title Subscribed and sworn to before me this MARTAPuM NNHAD00% Stitt of uaan My Commilstm EWres Jun 22, 2015 ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Page 2 of Phone: 907 - 269 -0350 Fax: 907 - 272 -9412 6W / THE STATE °fALASKA GOVERNOR SEAN PARNELL February 13, 2013 Kenai City Council 210 Fidalgo Avenue Kenai, Alaska 99611 Department of Environmental Conservation DIVISION OF WATER Water Quality standards, Assessment & Restoration Program 610 University Avenue Fairbanks. AK 99709 Main: 907.451.2100 toll free: 1.800.510.2332 Fax: 907.451.2187 Subject City of Kenai's proposal to address fish waste associated with personal use fishery Dear Council Members; The Alaska Department of Environmental Conservation (DEC) supports the City of Kenai's efforts to improve management strategies to address fish waste associated with the annual personal use fishery (PUF) at the mouth of the Kenai River. The alternatives discussed in Mr. Koch's memo of January 7, 2013 to the City Council provides a good frame work of alternatives to address this important issue. DEC believes that past PUF fish waste on the beaches attract birds that may be a significant contributor to elevated fecal bacteria levels found on the beaches at the mouth of the Kenai River. Beach monitoring conducted in 2010, 2011 and 2012 found levels that exceeded both state and federal water quality standards. People in contact with fecal bacteria contaminated water are at a higher risk of getting sore throats, eat aches, and intestinal illness. Taking the necessary steps to reduce the amount of fish waste left on the beaches may help reduce bacteria numbers and reduce the overall human health risk. DEC supports the recommended alternative #2 in the January 7 memo as a reasonable short term approach to remove from the beaches the increasing amount of fish waste produced by the PUF, while the City plans for a more permanent solution. Implementing alternative # 2 this summer will result in more waste being returned to die water and less waste available as an attractant to birds, while only minimally increasing operation costs. Although there was some public support at the last city council meeting for alternative #4 banning fish waste on the beach, DEC does not support this alternative as it would likely move the problem inland and result an illegal dumping situation that is more difficult to manage, including possible bear attraction and general nuisance issues. The City, the Kenai Peninsula Borough and the State cannot offer sufficient legal disposal alternatives if fish waste was moved inland at this time. DEC is aware of the City's frustration at having to address this issue. Knowing this, DEC sincerely appreciates the time and effort the City has put into addressing the waste issues associated with this fishery and looks forward to working with the City this coming season and in the future on a more permanent solution. DEC is also willing to assist the City with public education efforts, wastewater discharge options, or state and local agency coordination. Should you have any questions or comments please contact me at (907) 451-2726. Sincerely, Nancy Sona$ank Program Manager cc Rick Koch, City of Kenai, City Manager Michelle Bonnet Hale /Anchorage Cindy Gilder, DEC /Anchorage "'Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlll 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager ATE: February 5, 2013 SUBJECT: Management Alternatives for 2013 Personal Use Fishery-Work Session The purpose of this correspondence is to continue the discussion of changes and /or modifications to the management of the 2013 Personal Use Fishery (Fishery), specifically management of waste which has been historically deposited on the north and south beach. This correspondence is also meant to serve as a supplement to the City Manager's memorandum to the Council dated January 7, 2013 regarding this subject. Absent Council direction to the contrary, it is Administration's intent to undertake the management of fish waste in the short term, consistent with Alternative Number Two: "Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles" In the long -term, it is Administration's intent to work towards the implementation of Alternative Number Five: "Provide multiple containers on north and south beaches, and the Kenai Municipal Boat Launch, for disposal of fish waste. City is responsible for transfer and ultimate disposal of fish waste. Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River." On January 28 and 29th, I was in Juneau and met with approximately 30 Legislators to discuss the difficulties the City of Kenai is faced with as a result of the Personal Use Fishery. We also discussed a possible change in the State administration of the Fishery that would provide funding to mitigate /eliminate the negative impacts of the Fishery. Included in the Council's work session packet is the written information I submitted to each Legislator. In general I received a positive response from the Legislators and Senator Micciche said he would look into introducing legislation. Assuming Alternative Number Five is the ultimate goal, Administration intends to accomplish the following: 1. Create task force comprised of representatives from the City of Kenai, City of Soldotna, Kenai Peninsula Borough, impacted individuals /organizations at the Kasilof River, United States Fish & Wildlife Service, South Central Alaska Dipnet Association (SCADA), Alaska Department of Fish & Game, Alaska Department of Environmental Conservation, and the Alaska Department of Natural Resources. The purpose being to discuss negative impacts of the personal use fishery and possible solutions. 2. Work with the Commissioner of the Alaska Department of Fish & Game and Legislators to develop support for a change to the fee administration for the Salmon Personal Use Fishery in Cook Inlet. For your information, the detailed descriptions of Alternatives Two and Five are contained on the following pages: ALTERNATIVE TWO GENERAL DESCRIPTION Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, locate four to six additional dumpsters on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Launch, no change from effort in 2012. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from the where No -Name Creek near the east end of Kenai Avenue to approximately X mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake, signage, and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $73,350 PROS & CONS Pros 1. Lower operational cost than all alternatives other than Alternative One 2. Is a staged approach 3. Will result in the lowest increase in user fees 4. Expands current operations (in which we have experience) rather than creating new systems 5. Does not require State permitting to manage regulated waste streams 6. High probability of success in meeting goal Cons 1. Continues to place large volumes of fish waste in Kenai River. 2. Some Kenai /Peninsula residents may believe that not enough is being accomplished to address problem 1. Increase in operational costs 2. Increase in user fees ALTERNATIVE FIVE GENERAL DESCRIPTION Provide multiple containers on north and south beaches, and the Kenai Municipal Boat Launch, for disposal of fish waste. City is responsible for transfer and ultimate disposal of fish waste. Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. City will provide multiple fish waste containers /receptacles for Fishery participants. As many as ten locations on the north beach, six locations on the south beach, and four locations at the Boat Launch. The City will contract out for the transfer of fish waste from the receptacle locations and ultimate disposal of the fish waste. Additional enforcement will be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers, signage, and fish waste containers is $124,000. The estimated operating costs for this alternative is $360,150. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. Fishery participants are more likely to comply since fish waste can be disposed of on the beaches and at the Boat Launch Cons 1. High cost 2. State agencies were unsure if disposal of fish waste could be accomplished without an APDES permit or at the Kenai Peninsula Landfill 3. Kenai Peninsula Landfill is only permitted for 3,500 Ibs of fish waste per month. Estimate is 400,000 to 600,000 Ibs of fish waste in July 4. Kenai Peninsula Landfill does not want these volumes of fish waste in existing cell(s). A new cell would need to be constructed at an estimated capital cost of $1 million 5. Would require police officers to be dedicated to Fishery enforcement. & City assumes responsibility for regulated waste stream "'Villaye with a Past, C# with a Future" bwftvd 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIV 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: January 7, 2013 SUBJECT: Management Alternatives for 2013 Personal Use Fishery The purpose of this correspondence is to discuss changes /modifications to the management of the 2013 Personal Use Fishery (Fishery), specifically management of waste which has been historically deposited on the north and south beach. The first component of the discussion, and arguably the most important, is to ensure that there is a clear understanding of the problem to be solved. Through gathering data for this document I was left with the impression that many individuals which have commented on the volume of waste material on the beach, may desire a solution to a different problem. So what do I mean by that? We have heard many times during discussions on this topic that "the amount of waste on the beaches (especially the north beach) effectively prohibits citizens of Kenai from enjoying the beach at the mouth of the Kenai River during the Fishery." While this may in part be true, as a practical matter even if there was absolutely no fish waste, or other solid waste, present on the beaches, the normal use of the beaches by citizens of Kenai would be effectively prohibited by the 10,000- 15,000 people that are present during the Fishery. Therefore, if the desired outcome of a more intense management approach to waste management is to provide similar conditions on the beach during the three weeks of the Fishery as the other forty -nine weeks of the year, the desired outcome is unreasonable and unachievable due to the unresolved issue created by the sheer number of people on the beaches. Recognizing that the removal of fish waste and other solid waste from the beach during the Fishery will not return the beaches to a condition similar to other times of the year, the following is a summary of the problem to be solved: "During the three weeks of the Personal Use Fishery, the amount of fish waste and other solid waste deposited on the north and south beaches at the mouth of the Kenai River is unacceptable." If we agree on the problem, the suggested solution is: "To eliminate or reduce the amount of fish waste and other solid waste on the north and south beaches at the mouth of the Kenai River to an acceptable level." None of the following alternatives specifically address enterococci and or coliform bacteria levels which exceed EPA water quality standards during the Fishery. This is for several reasons, the City of Kenai does not have the expertise and /or authority to enforce ADEC /EPA regulations, and even though there are violations of water quality standards they are not of sufficient significance for ADEC to take action. The following is a brief description of six alternatives which have been considered by the Administration. After each alternative is described there will be a detailed discussion providing analysis which includes a description of the scope, pros and cons, cost estimates, and any other supporting information. Alternative One Do nothing. Manage the waste generated by the Fishery participants in a manner consistent with management in 2012. Alternative Two Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. Alternative Three Allow "Gut & Gill" cleaning of fish on beaches and in the waters of the Kenai River, provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. Provide an increased level of enforcement to ensure only "Gut & Gill" waste disposal on the beaches and in the waters of the Kenai River. Alternative Four Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring Fishery participants to remove whole fish, and /or fish and fish waste from the beaches and the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River. Alternative Five Provide multiple containers on north and south beaches, and the Kenai Municipal Boat Launch, for disposal of fish waste. City is responsible for transfer and ultimate disposal of fish waste. Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River. Alternative Six Provide multiple fish cleaning stations at the north beach (3), south beach (2), and the Kenai Municipal Boat Launch(1). Provide fish waste containers at all fish cleaning stations. City is responsible for transfer and ultimate disposal of fish waste. Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River. ALTERNATIVE ONE GENERAL DESCRIPTION Do nothing. Manage the waste generated by the Fishery participants in a manner consistent with 2012. DETAILED DESCRIPTION Solid Waste Other than Fish Waste - In 2012 the City provided waste receptacles (dumpsters) at three locations at the north beach, one central location on the south beach, and at several locations at the Municipal Boat Launch (Launch). The locations on the north beach were at the end of Kenai Avenue, at the vaulted toilet at the end of Spruce Street, and in the City Parking lot at the end of Spruce Street. On the south beach the dumpsters were located in a location adjacent to portable toilets generally centered in the highest activity area. Dumpsters were located at several locations in the parking area and near the boat Iaunch.There were also dumpsters placed at the Little League Fields when the parking area was utilized as overflow parking. With the exception of the north beach, the City has not received a significant number of complaints regarding non -fish solid waste. Observations by City personnel support this observation. Fish Waste — In 2012 the City continued to manage fish waste on the north beach by once a day use of a small tractor with a landscape rake to move fish waste to the tideline during low tide. This usually happened at the low tide during, or closest to, the 11PM to SAM time period when the Fishery was normally closed to facilitate lack of conflict with Fishery participants. There has been no effort to rake and /or move fish waste on the south beach. As with non -fish solid waste, the area of concern is primarily the north beach. While there is some amount of fish waste that remains on the south beach it appears that the tides and river currents tend to deposit fish waste on the north beach. In addition, it appears that a greater number of fish are harvested on the north beach than the south beach. None ESTIMATED ADDITIONAL COSTS PROS & CONS Pros 1. No additional costs 2. Does not require additional personnel 3. Does not create enforcement processes, citations, court, etc. Cons 1. Does not provide solutions to fish waste and non -fish waste issues on north beach 2. Some Kenai /Peninsula residents may believe that not enough is being accomplished to address problem ALTERNATIVE TWO GENERAL DESCRIPTION Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, locate four to six additional dumpsters on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Launch, no change from effort in 2012. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from the where No -Name Creek near the east end of Kenai Avenue to approximately % mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake, signage, and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $73,350 PROS & CONS Pros 1. Lower operational cost than all alternatives other than Alternative One 2. Is a staged approach 3. Will result in the lowest increase in user fees 4. Expands current operations (in which we have experience) rather than creating new systems 5. Does not require State permitting to manage regulated waste streams 6. High probability of success in meeting goal Cons 1. Continues to place large volumes of fish waste in Kenai River. 2. Some Kenai /Peninsula residents may believe that not enough is being accomplished to address problem 3. Increase in operational costs 4. Increase in user fees ALTERNATIVE THREE GENERAL DESCRIPTIO:::: Allow "gut &gill" cleaning of fish on beaches and in the wiver, provide an increased level of effort to move fish waste to tideline durd increase efforts to collect other solid waste in collection receptacles. Provide el of enforcement to ensure only "gut & gill" waste disposal on beaches and in te Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste —Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste —Amend KMC 12.20 to allow disposal of "guts & gills" on specific lands and waters within the boundaries of the City. Provide increased enforcement efforts to ensure that only "guts & gills" are left on the north and south beach and that the remainder of all fish (in whole or part) are removed from City property by Fishery participants. Compliance could result in an up to 60% decrease in fish waste volume. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from where No -Name Creek near the east end of Kenai Avenue to approximately % mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $138,150. PROS & CONS Pros 1. Attempts to remove majority offish waste from beach areas 2. Majority offish waste may become "someone else's problem" 3. Not the most expensive alternative ALTERNATIVE THREE (cont.) PROS & CONS (cont.) Cons 1. While not the most expensive alternative, it is still very costly 2. Creates additional conflicts with Fishery participants 3. Majority of fish waste may become "someone else's problem ", such as Kenai Peninsula Borough at transfer stations and along Borough roadways, State of Alaska DNR, DOT /PF 4. May result in a large number of Fishery participants violating City ordinances, Borough ordinances, and /or State of Alaska laws /regulations 5. Fishery participants camping for an extended period of time on the beach will not have a viable alternative for disposal of fish waste 6. Dumpsters placed on beaches for non -fish waste may become filled with fish waste. 7. This alternative will not be able to be enforced on the Kenai River unless the City begins enforcement activities from watercraft (not included in attached estimate) 8. In spite of our best efforts this alternative may not be very successful 9. Requires police officers to be dedicated to Fishery enforcement ALTERNATIVE FOUR GENERAL DESCRIPTION Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring Fishery participants to remove whole fish, and /or fish and fish waste from the beaches and the water of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on the beaches or in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. This will require a significant increase in enforcement activities, up to six additional seasonal enforcement officers. The past effort of using a tractor to move fish waste to the tideline at low tide will no longer be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers and signage is $61,000. The estimated operating costs for this alternative is $202,550. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. If there is a high degree of compliance, significant levels of fish waste would be eliminated on the north and south beaches and in the Kenai River 2. A segment of the public will appreciate this hard -line approach 3. Because this alternative would probably cause many other problems, such as illegal dumping of fish waste within the Kenai, Soldotna, and Municipality of Anchorage corporate boundaries, at Kenai Peninsula Borough Solid Waste transfer stations, along the Kenai Spur, Sterling and Seward Highways, and in private business waste receptacles, it may be easier to justify a request for assistance from the State of Alaska in the future Cons 1. High operational costs, which would result in more than doubling present fees if revenues are to cover expenses 2. The Anchorage and /or other media may not portray this action in a favorable manner ALTERNATIVE FOUR (cont.) PROS & CONS (cont.) Cons 3. Representatives with the Kenai Peninsula Borough Solid Waste Department, Alaska Departments of Environmental Conservation, Fish & Game, and Natural Resources have already expressed their opposition to this alternative 4. Fishery participants camping for multiple days on the beaches will have no viable alternatives to dispose of fish waste 5. Fish waste will be deposited in the non -fish waste dumpsters located on the beaches 6. Enforcement on the Kenai River is not possible unless the City begins enforcement activities from watercraft (not included in estimate) 7. In spite of our best efforts this alternative may not be very successful 8. Creates the most conflicts with Fishery participants, which may result in less utilization of local City of Kenai businesses 9. Requires police officers to be dedicated to Fishery enforcement ALTERNATIVE FIVE GENERAL DESCRIPTION FProvide multiple containers on north and south beaches, and the Kenai Municipal Boat Launch, isposal of fish waste. City is responsible for transfer and ultimate disposal of fish waste. ibit disposal of any fish waste on beaches or in the waters of the Kenai River. Provide an ased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beaches or in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. City will provide multiple fish waste containers /receptacles for Fishery participants. As many as ten locations on the north beach, six locations on the south beach, and four locations at the Boat Launch. The City will contract out for the transfer of fish waste from the receptacle locations and ultimate disposal of the fish waste. Additional enforcement will be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers, signage, and fish waste containers is $124,000. The estimated operating costs for this alternative is $360,150. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. Fishery participants are more likely to comply since fish waste can be disposed of on the beaches and at the Boat Launch Cons 1. High cost 2. State agencies were unsure if disposal of fish waste could be accomplished without an APDES permit or at the Kenai Peninsula Landfill 3. Kenai Peninsula Landfill is only permitted for 3,500 Ibs of fish waste per month. Estimate is 400,000 to 600,000 Ibs of fish waste in July 4. Kenai Peninsula Landfill does not want these volumes of fish waste in existing cell(s). A new cell would need to be constructed at an estimated capital cost of $1 million 5. Would require police officers to be dedicated to Fishery enforcement. 6. City assumes responsibility for regulated waste stream ALTERNATIVE SIX GENERAL DESCRIPTION [responsible ovide multiple fish cleaning stations at the north beach (3), south beach (2), and the Kenai unicipal Boat Launch(1). Provide fish waste containers at all fish cleaning stations. City is for transfer and ultimate disposal of fish waste. Prohibit disposal of any fish waste beaches or in the waters of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on beach or in the water of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. City will provide multiple fish cleaning stations with waste containers /receptacles for Fishery participants. There will be three locations on the north beach, two locations on the south beach, and one location at the Boat Launch. The City will contract out for the transfer of fish waste from the receptacle locations and ultimate disposal of the fish waste. Additional enforcement will be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers, signage, fish cleaning stations, and fish waste containers is $334,000. The estimated operating costs for this alternative is $395,250. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. If successful, provides control of fish waste and disposal. Cons 1. State Regulatory Agency, ADEC informed City that water used at fish cleaning stations would be classified as a regulated waste stream. It would be required to capture water used at fish cleaning stations and transport to City's wastewater treatment plant for treatment. This would add an estimated additional $100,000 to $200,000 to the operating costs. Additionally, permitting would probably take a year or more. 2. Most expensive alternative. 3. State Agencies were unsure if disposal of fish waste could be accomplished without an APDES permit or at the Kenai Peninsula Landfill. ALTERNATIVE SIX (cont.) PROS & CONS (cont.) Cons 4. Kenai Peninsula Landfill is only permitted for 3,500 Ibs of fish waste pe7cell(s). is 400,000 to 600,000 Ibs of fish waste in July 5. Kenai Peninsula Landfill does not want these volumes of fish waste in enew cell would need to be constructed at an estimated capital cost of $ 6. Would require police officers to be dedicated to Fishery enforcement 7. City assumes responsibility for two regulated waste streams CONCLUSION Alternative Two is the Administration's selected alternative. The majority of the fish waste and other solid waste problem occurs during the middle ten days or so of the Fishery. The beaches are in normal condition on July 9th, and there is generally not a significant degree of waste generated during the first week of the fishery, and activity generally tapers off during the last week of the fishery. Given our present level of effort the beaches are returned to normal condition during the first several days of August. By taking the step to simply expand our efforts, within an existing program we understand and are familiar with, is a logical next step. Additional costs associated with Alternative Two are manageable. Reasonable fee increases can provide the revenues required to offset the additional expenses. 2013 PERSONAL USE FISHERY COST ESTIMATES FOR FISH WASTE AND OTHER SOLID WASTE MANAGM ENT ALTERNATIVES ALTERNATIVE TWO Sub -Total Sub -Total Operating ost Item Description Unit Quantity Unit Cost Capital Cost Cost r, 4WD 50h -90h EA 1 $ 45,000.00 $ 45,000.00 $ Rake, 10' -14' EA 1 $ 10,000.00 $ 10,000.00 $ Wheeler, 4WD jAdditionalDum EA 4 $ 8,500.00 $ 34,000.00 $ er, Tem ora ST HR 540 $ 20.00 $ - $ 10,800.00 er, Temporary OT HR 270 $ 25.00 $ - $ 6,750.00 nal Enforcement Officer (2) ST HR 720 $25.00 $ - $18,000.00 nal Enforcement Officer (2) OT HR 360 $30.00 $ - $10,800.00 a LS 1 $ 5,000.00 $ 10,000.00 $ 14,400.00 nal Dum sier Service, North Beach EA 5 $ 3,500.00 $ $ nal Dum ster Service South Beach EA 1 3,500.00 - $ 17,500.00 $ upplies, Fuel, parts, etc. LS 1 $ 2,500.00 - $ 7, 000.00 $ Total Alternative Two EA 2 $3,500.00 - 2,500.00 Misc. Supplies, Fuel, parts, etc. LS 1 $2,500.00 $ 99,000.00 $ 73,350.00 ALTERNATIVE THREE Sub -Total Sub -Total Operating Cost Item Description Unit Quantity Unit Cost Capital Cost Cost Tractor, 4WD 50h -90h EA 1 $45,000.00 $45,000.00 $ Lawn Rake, 10' -14' EA 1 $10,000.00 $10,000.00 $ Four - Wheeler, 4WD EA 4 $8,500.00 $34,000.00 $ - Laborer (2), Temporary ST HR 540 $20.00 $ - $10,800.00 Laborer 2 , Temporary OT HR 270 $25.00 $ - $6,750.00 Seasonal Enforcement Officer 4 , ST HR 1440 $25.00 $ - $36,000.00 Seasonal Enforcement Officer 4 , OT HR 720 $30.00 $ - $21,600.00 Police Officer 2 ST HR 320 $ 45.00 $ 10,000.00 $ 14,400.00 Police Officer 2 OT HR 360 $ 60.00 $ - $ 21,600.00 Si na e LS 1 $10,000.00 $10,000.00 $0.00 Additional Dum ster Service, North Beach EA 5 $3,500.00 $ - $17,500.00 Additional Dum ster Service, South Beach EA 2 $3,500.00 $ - $7,000.00 Misc. Supplies, Fuel, parts, etc. LS 1 $2,500.00 $ - $2,500.00 Total Alternative Three $99,000.00 1 $ 138,150.00 ALTERNATIVE FOUR Sub -Total Sub -Total Operating Cost Item Description Unit Quantity Unit Cost Capital Cost Cost Four - Wheeler, 4WD EA 6 $ 8,500.00 $ 51,000.00 $ - Laborer (2), Tem ora ST HR 540 $ 20.00 $ - $ 10,800.00 Laborer 2 , Temporary OT HR 270 $ 25.00 $ - $ 6,750.00 Seasonal Enforcement Officer 8 , ST HR 3000 $ 25.00 $ - $ 75,000.00 Seasonal Enforcement Officer 8 , OT HR 1500 $ 30.00 $ - $ 45,000.00 Police Officer 2 ST HR 320 $ 45.00 $ 14,400.00 Police Officer 2 OT HR 360 $ 60.00 $ 21,600.00 Signacle LS 1 $ 10,000.00 $ 10,000.00 $ Additional Dum ster Service, North Beach EA 5 $ 3,500.00 $ - $ 17,500.00 Additional Dum sier Service, South Beach EA 2 $ 3,500.00 $ - $ 7,000.00 Misc. Supplies, Fuel, parts, etc. LS 1 $ 4,500.00 $ - $ 4,500.00 Total Alternative Four $ 61,000.00 $ 202,550.00 Prepared by R. Koch Page 1 of 2 2013 PERSONAL USE FISHERY COST ESTIMATES FOR FISH WASTE AND OTHER SOLID WASTE MANAGMENT ALTERNATIVES ALTERNATIVE FIVE Sub -Total I Sub -Total Operating Cost Item Description Unit Quantity Unit Cost Capital Cost Cost Four - Wheeler, 4WD EA 4 $ 8,500.00 $ 34,000.00 $ - Laborer 2 ,Temporary ST HR 540 $ 20.00 $ - $ 10,800.00 Laborer 2 , Temporary OT HR 270 $ 25.00 $ - $ 6,750.00 Seasonal Enforcement Officer 4 , ST HR 1440 $ 25.00 $ - $ 36,000.00 Seasonal Enforcement Officer 4 , OT HR 720 $ 30.00 $ - $ 21,600.00 Police Officer 2 ST HR 320 $ 45.00 $ 14,400.00 Police Officer 2 OT HR 360 $ 60.00 $ 21,600.00 Si na a LS 1 $ 10,000.00 $ 10,000.00 $ - Additional Dum ster Service, North Beach EA 5 $ 3,500.00 $ - $ 17,500.00 Additional Durnlaster Service, South Beach EA 2 $ 3,500.00 $ - $ 7,000.00 Fish Waste Containers EA 80 $ 1,000.00 $ 80,000.00 $ - Contract for Fish Waste Disposal-North Beach LS 1 $ 100,000.00 $ 105,000.00 $ 100,000.00 Contract for Fish Waste Disposal-South Beach LS 1 $ 75,000.00 $ 70,000.00 $ 75,000.00 Contract for Fish Was Disposal-Boat Launch LS 1 $ 45,000.00 $ 35,000.00 $ 45,000.00 Misc. Supplies, Fuel, parts, etc. LS 1 $ 4,500.00 $ - 1 $ 4,500.00 Total Alternative Five LS 1 $ 75,000.00 $ 124,000.00 1 $ 360,150.00 ALTERNATIVE SIX Sub -Total I Sub -Total Operating Cost Item Description Unit Quantity Unit Cost Capital Cost Cost Four - Wheeler, 4WD EA 4 $ 8,500.00 $ 34,000.00 $ - Laborer 6 , Temporary ST HR 1620 $ 20.00 $ - $ 32,400.00 Laborer 6 , Temporary OT HR 810 $ 25.00 $ - $ 20,250.00 Seasonal Enforcement Officer 4 , ST HR 1440 $ 25.00 $ - $ 36,000.00 Seasonal Enforcement Officer 4 , OT HR 720 $ 30.00 $ - $ 21,600.00 Police Officer 2 ST HR 320 $ 45.00 $ 14,400.00 Police Officer 2 OT HR 360 $ 60.00 $ 21,600.00 Si na a LS 1 $ 10,000.00 $ 10,000.00 $ - Additional Dum ster Service, North Beach EA 5 $ 3,500.00 $ - $ 17,500.00 Additional Dum ster Service, South Beach EA 2 $ 3,500.00 $ - $ 7,000.00 Fish Waste Containers EA 80 $ 1,000.00 $ 80,000.00 $ - Fish Cleaning Facilt -North Beach EA 3 $ 35,000.00 $ 105,000.00 $ - Fish Cleaning Facilt -South Beach EA 2 $ 35,000.00 $ 70,000.00 $ - Fish Cleaning Facilt -Boat Launch EA 1 $ 35,000.00 $ 35,000.00 $ - Contract for Fish Waste Disposal-North Beach LS 1 $ 100,000.00 $ 100,000.00 Contract for Fish Waste Disposal-South Beach LS 1 $ 75,000.00 $ 75,000.00 Contract for Fish Waste Disposal-Boat Launch LS 1 $ 45,000.00 $ 45,000.00 Misc. Supplies, Fuel, parts, etc. LS 1 5 $ 4,00 - $ 4,5000 Total Alternative Six 00.00 1 $ 395,250.00 Prepared by R. Koch Page 2 of 2 Suggested by: Administration CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2679 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $47,625 IN THE GENERAL AND BY $30,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECT FUND. WHEREAS, 2012 Personal Use Fishery revenues exceeded budgeted amounts by $52,250; and, WHEREAS, expenditures for operations of the fishery exceeded budgeted amounts by $17,625 leaving the Dock and Parks, Recreation & Beautification budgets with insufficient funds for Non - Personal Use Fishery operations for the remainder of FY2013; and, WHEREAS, floating dock sections at the City Dock are in need of replacement and these sections are extensively used by participants of the Personal Use Fishery; and, WHEREAS, replenishing department budgets to assure normal City services are not impacted by the Personal Use Fishery and replacement of worn dock sections is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased in the General Fund as follows: General Fund Increase Estimated Revenues: Personal Use Fishery Fees $47,625 Increase Appropriations: Non - Departmental Transfer to Personal Use Fishery Capital Project Fund $30,000 Parks, Recreation & Beautification Rentals 5,565 Boating Facility Salaries 108 Overtime 8,500 Medicare 125 Social Security 50 PERS 3,033 Workers Compensation 244 $47.625 New Tent Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2679 -2013 Page 2 of 2 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased in the Personal Use Fishery Capital Project Fund as follows: Personal Use Fishery Capital Project Fund Increase Estimated Revenues: Transfer In — General Fund $30,000 Increase Appropriations: Construction $30,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6u day of March, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: February 20, 2013 Approved by Finance: Adopted: March 6, 2013 Effective: March 6, 2013 New Text Underlined; DELETED TEXT BRACKETED] P � the flay V To: Rick Koch, City Manager "Villaye with a Past C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 From: Terry Eubank, Finance Director Date: February 13, 2013 Re: Ordinance 2679 -2013 The purpose of this memo is to provide supporting information for Ordinance 2679 -2013. Ordinance 2679 -2013 will appropriate 2012 Personal Use Fishery fee receipts in excess of budgeted amounts for expenditures in excess of budgeted amount and for replacement of floating dock sections. Personal Use Fishery fee receipts were $52,255 more than budgeted. Failing to appropriate these funds will leave department budgets with insufficient funds for the remainder of FY2013 requiring cuts to normal City services. Expenditures for portable toilet and dumpster rentals exceeded budgeted amounts in the Parks, Recreation and Beautification department by $5,565 during the fishery. Additional staffing needs at the City Dock during the fishery exceeded budgeted amounts by $12,060 in the City Dock department. Replacement of floating dock sections is needed due to the wear and tear caused predominately by participants of the Personal Use Fishery. It is expected that five dock sections can be replaced with $30,000. Suggested by: Administration CITY OF KENAI NO. 2680 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECT FUND FOR A PERSONAL USE FISHERY GRANT FROM THE STATE OF ALASKA. WHEREAS, SB160 granted the City $150,000 for Personal Use Fishery improvements; and, WHEREAS, SB160 was signed by Governor Parnell on May 14, 2012 and became effective July 1, 2012; and, WHEREAS, these grant funds will be used to purchase equipment and make improvements needed for management of City property during the annual Personal Use Fishery at the mouth of the Kenai River; and, WHEREAS, acceptance of this grant is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Personal Use Fishery Capital Project Fund Increase Estimated Revenues: State Grants $15 Increase Appropriations: Purchase of a Tractor and Rake Machinery & Equipment $ 55,000 Purchase of 4WD ATVs 34,000 Purchase 8v Installation of Computerized Cashiering System Small Tools 21,000 Improvements 40,000 $150.000 New Tent Underlined; [DELETED TEXT BRACKETED] Ordinance 2680 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of March, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: �! PAT PORTER, MAYOR Introduced: February 20, 2013 Adopted: March 6, 2013 Effective: March 6, 2013 New Pest Underlined; ]DELETED TEXT BRACKETED] "'Villaye with a Past, Ci� with a Fu fare �� FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 -283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: February 13, 2013 Re: Ordinance 2680 -2013 The purpose of this memo is to provide supporting information for Ordinance 2680 -2013. Ordinance 2679 -2013 will appropriate grant funds received from the State of Alaska for Personal Use Fishery improvements. The Ordinance will provide funding for the purchase of a tractor and rake for cleaning of the City's beaches during the fishery, the purchase of four -wheel drive all terrain vehicles for transporting City personnel on the beaches during the fishery, and the purchase and installation of an electronic cashiering system for the collection of fees associated with the fishery. Included in electronic cashiering system project will be the installation of permanent power to each of the City's fee shacks. POLICE DEPARTMENT MID -MONTH REPORT January 2013 the ci! f K � SI(A TO: Rick Koch — City Manager FROM. Gus Sandahl — Police Chief 41v- DATE: 2/12/13 SUBJECT: Police & Communications Department Activity — Month of January 2013 Police handled 653 calls for service (up from 603 in January 2012). The Communications Center received 276 emergency 9 -1 -1 calls (205 from cell phones). Communications personnel handled 3,226 administrative phone calls during the month of January. Officers made 63 arrests and wrote 314 reports. Traffic enforcement resulted in 129 warnings, 25 speeding tickets, 2 seatbelt tickets, 13 citations for equipment violations, and 35 citations for "other" traffic violations. There were 3 DUI arrests (0 felony). Police investigated 21 vehicle crashes. None of the crashes were DUI - related, and 6 of the crashes involved moose. On January 7, a sergeant and a patrolman attended a two -day use of force course. On January 21, a sergeant attended polygraph examiner in- service training. On the evening of January 30, officers participated in active shooter simmunitions training at one of the local schools. On January 31, Chief Sandahl and Lt. Ross met with School District administrators regarding school safety. The Kenai Police Department has maintained an elevated presence (in addition to SRO presence) in Kenai schools throughout the month of January, and into February. In the schools, SRO Prins was busy with DARE lessons, intruder drills, criminal investigations, and school safety planning. ANIMAL CONTROL MID -MONTH REPORT JANUARY 2013 D.O.A. 10 4 23 48 Dogs 2013 2012 Dogs 2013 2012 IMPOUNDED 58 59 ADOPTED 84 65 Dogs 41 31 Dogs 45 37 Cats 17 15 Cats 36 25 Other Species 0 3 Other Species 3 3 RELEASED BY OWNER 60 69 CLAIMED 10 14 Dogs 22 40 Dogs 10 14 Cats 35 29 Cats 0 0 Other Species 3 0 Other Species 0 0 D.O.A. 10 4 23 48 Dogs 8 3 Dogs 8 19 Cats 1 I Cats 15 29 Other Species 1 0 Other Species 0 0 TOTAL ANIMALS 128 132 Other Disposition 1 1 Known Borough Animals 43 17 Field Investigations 44 62 Total Dogs 71 74 Volunteer hours 83 109 Total Cats 53 55 Total phone 678 479 Total Other Species 4 3 Kennel Permits Issued 2 0 Community Involvement Projects: 1/2/2013 — 1/31/2013 Kenai Animal Shelter dog photos were featured at Soldoma. Kaladi Brothers. / p the cityof./ KENAIALASKA FIRE DEPARTMENT MID -MONTH REPORT February 2013 First off, a big thank you to everyone that was involved in putting on the City Party. It was a great night with good music, great food and good friends. For those that were not able to attend, our Firefighter of the year was awarded to Scott Summers. Please congratulate him when you see him. Here at the Fire Department, 2013 has started off quite swift. Run volume is back up to what is considered normal and presently we are averaging 4.1 calls a day. This puts on a trend for about 1500 calls this year. All offices with the department have been busy. Fire Marshal Wilcox continues to work closely with The Building Inspector and since January 1 has performed 40 building inspections, 5 plan reviews and 2 fire investigations. Last week we received our grading from the Insurance Service Office (ISO). We are happy to report that we have retained our Class 3 rating for areas within 5 miles of the fire station and that have hydrants. Additionally we actually lowered the rating for areas where we have to haul water from an 8 to a 5! A thanks needs to be given to all the members of the department that worked hard to make this happen. We have been working closely with City Administration and the building department monitoring the construction of the Assisted Living Facilities within our community. The Fire Department anticipates a rise in run volumes for these occupants as they may need additional care. Chief Tilly attended the Alaska Fire Chief s Leadership Conference in Juneau the week of February 5h-8th. The conference was well attended by Fire Chief s from all over the state. The training and the ability to network with administrators from other departments was invaluable. The Kenai Peninsula contingency of Fire Chief s made visits to our local delegation of representatives in their offices and discussed issues that are facing our industry. Recent training includes the entire department being trained on both FMLA ADA and Sexual Harassment. January 25 -27 Battalion Chief Prior and Captain Harris attending a leadership class in Anchorage. We are continuing to stay involved with Safe Kids and doing car seat checks and with the Kenai Peninsula College and their Paramedic ride along program. KENAI COMMUNITY LIBRARY El�ecdyaf January Circulation Figures MID -MONTH REPORT FEBRUARY 2013 Adult Fiction 1,721 Internet Access 1,183 Adult Non - Fiction 1,660 Downloadable Audio 339 Young Adult Fiction 326 Video 0 Periodicals 150 Room Booking 113 Juvenile Fiction 683 Music 94 Juvenile Non - Fiction 458 DVDs 3,134 Easy Fiction 1,747 Audio books 169 Easy Non - Fiction 447 Miscellaneous 228 Interlibrary Loan 40 Computer Programs 6 Total Print 7,232 Total Non -Print 4,927 Total Circulation 12,159 In -House circulation 619 Library Door Count....... 7,678 Downloadable Audio 339 Freegal Music 86 Downloadable EBooks 269 Circulation for February 2014 was 4% higher than for February 2012. In January we had 3 volunteers who worked putting in a total of 24 hours. There were 15 Children's programs with 380 total attendance and 10 adult programs with 55 participants. Kyrstin went to Head Start and read to 62 children. Inter Library Loan logged 48 orders with 38 items received, 47 returned and 27items lent by our library to other institutions. The library is able to get discounts on software through TechSoup. Our recent purchase of software from Microsoft through TechSoup cost us $2,622, the fair market value of that software is $65,596. Library Cards Issued JANUARY Income 1 Fines $1,549.70 Xerox 63.25 Lost/Damaged 179.91 Test Proctoring Fee 0.00 Printing 217.25 Other 20.00 Total income $2,030.11 Library Cards Issued January Clam Gulch 1 ILL 2 Kasilof 7 Kenai 45 Nikiski 7 Non Resident 9 Soldoma 47 Sterling 9 Organization & Other 13 Total 140 PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER FEBRUARY 2013 MID -MONTH KENA SKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: February 12, 2013 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Mark "Curly" Langfitt will retire on February 22otl. Please join us for a pot -luck on Thursday February 21s` from 11 AM to 1 PM in council chambers to celebrate Curly's 21 years with the City. • Temporary Operator to be hired during recruitment for new Streets Foreman. • R &M consultants performing feasibility study to assess dredging at the City Dock. • Temporary Mechanic Scott Morris hired. Start date January 8. • Developing Preventative Maintenance Plan for Building Maintenance department. • Proposed FY2014 budget provided to Finance. • City Buildings' Fire System Testing and Inspection to be performed in March. • CH2MHill contracted to assist with the APDES permit renewal. Status of Projects: • New Maintenance Shop Design — 65% design set of drawings received from consultant and are under review. Meeting with consultant tentatively set for the week of February 18`" • Siemens Energy Audit — Contract under City Manager review. • James Street / Scenic Overlook Paving — Project suspended for winter. • Municipal Park Improvements - Project suspended for winter. • Kenai Industrial Park — Final design comments provided to consultant February 12. Final drawings expected the week of February 18". Target contract award date Wednesday April 3. • Water Treatment Facility — Closeout of punch list issues in progress. New well transmission line and meter pit under City Manager review. • Airport Way & Main Street Asphalt Upgrades - Design complete. To be bid in March. • Central Heights Roadway Improvements — 95% design drawings received from consultant and are under review. • Vintage Point and Senior Center Siding - Wolf Architectural contracted to provide design. Site visit tentatively scheduled for late February or early March. • Senior Center and City Hall sidewalks — Contingent on Siemens Energy project. • Police Department Parking Lot Improvements — Professional Services Agreement to perform design routed through City Hall. Pending Consultant's insurance certificate. • Dipnet Shack Permanent Power — Scope of work to construct permanent power at 4 dipnet shacks under development. • Public Safety Building Bathroom Upgrades — Contract awarded to perform tile and other upgrades. • Senior Center Solarium Ceiling Repair — Pending confirmation of roof repair. • Lift Station Radio Testing — In progress. New antenna placed on PSB tower. • Vintage Point Fire Panel Replacement — Consultant under contract to perform design. Option to replace the panel at the Senior Center as a zone on the Vintage Point panel under consideration. • Flight Service Station ABAAS Remediation — Requested consultant to provide proposal to perform design. the PARKS & RECREATION MID -MONTH REPORT February 2013 The ConocoPhillips /City of Kenai Multi- Purpose facility had a total of 128 hours worth of ice reservations for the month of January 2012. This compares to 81 hours this time last season. The Kenai Peninsula Winter games provided 20 hours usage for their annual hockey tournament this January. Additionally, this facility will be used in conjunction with the Soldotna Sports Center March 22 & 23 for the Squirt C State Hockey Tournament. Recent snow has kept one of our operators busy at the Kenai Nordic Trails. A total of 37 hours has been spent since the end of January keeping up with grooming needs. Ski conditions have been good with classic tracks installed. The trails are receiving regular use. The Kenai Middle School will host their race March 2 °d Ice maintenance located at the Daubenspeck Family Park has also been ongoing. A total of 21 hours has been spent keeping the conditions safe and skatable. Maintenance includes sweeping & plowing snow, ice measurements, scraping ice, and hot mopping. The skating pond receives fairly consistent use, particularly on warmer days. Other than the above - mentioned maintenance items, crews have been very busy maintaining facility sidewalks and clearing out hydrants, in addition to, handling other routine and non - routine items, i.e., parking lot snow removal, sanding, clearing snow berms, and removing snow from LH Memorial Park sidewalks. Director has been busy drafting the department's budget, handling ice reservations, and working on upcoming summer projects. Recent staff training has included FMLA, Worker's Comp. and ADA training along with sexual harassment training. Staff member Pearson is working on completing a Master Gardener Program through the university. The Boys and Girls Club of the Kenai Peninsula will be performing some upgrades to the snack bar area located at the Teen Center. This work will be accomplished through a local contractor. Work will include new glass display cases and laminate (countertops, fronts, and backsplash). A contractor has been secured for the dismantling of the training structure located at Daubenspeck Family Park. Work will be accomplished week of February 11'". The department took delivery of a new Tow Master trailer designed to accommodate the new Bobcat and other larger pieces of equipment. na Municipal Airport Airport Improvement Program: February 2013 Airport Manager's Report Master Plan — On January 30, the FAA sent back comments on the Phase 1 report. Overall they felt the report was a pretty good job and they are looking forward to Phase 2. None of their recommendations warrant a special edit so any changes will be included with the Phase 2 report. Tree Obstruction Clearing Project: The FAA is conducting their final review of the plans and specs. The project will be bid when approved by the FAA. Airfield Marking — Plans and specs are complete and the City's front -end bid documents are being prepared by the Airport and City Administration. The project will be advertised and bid with painting to start next summer. In- house: Training: Airport Staff completed the mandatory Sexual Harassment Training held on Monday, February 11 at City Hall. FY14 — Staff is continuing work and review of the budget. A comprehensive review of the fee schedule is continuing and any changes will presented to Administration during the budget process. Peninsula Winter Games: carvers on the airports ice s received many compliments. Thanks to the master ice culpture. The airport has 2013 -002 i 4 •k r ate' -7?as k r��hj,� q __._.ERA 5,641 72.98% January 2013 Enplanements 27.02% GRANT 2,089 Month ERA AVIATION GRANT AVIATION Total YTD in 2013 2012 Change from 2012 KENAI AVIATION Combined Month Total January 5,641 2,089 7,730 7,615 115 137 7,867 February 7,498 0 March 7,525 0 April 6,970 0 May 8,491 0 June 8,008 0 July FF 11,294 0 August 10,630 0 September 7,535 0 October 8,145 0 November 7,646 0 December 7,523 0 Totals S 641 2,089 7,730 98,880 115 137 7,867 Terminal - Vehicle Parking Revenues Janua 2012 $13,893 FY12 Total $204,669 2013 $16,732 FY13 WD $137,567 .+at Vehicle Parking Revenues 30000 27500 25000 i - -- - --- --- .__-- ----- -_._._. - -- -- .._ -..... _ 22500 -- z0000 17500 - - -- -- - 15000 - -- - - ■FY12 12500 __ _ _ _ -__ _ _ .__ __ ._ _ ■ FY13 10000 5000 2500 p Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun "V illaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 III�I1 1992 MEMO: I�I TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: February 14, 2013 SUBJECT: Comprehensive Plan Update Status The following provides an update on the Plan: The Planning & Zoning Commission held a public hearing on February 13" on the Comprehensive Plan. The Commission unanimously approved a resolution recommending the City Council approve the Plan and recommend approval to the Kenai Peninsula Borough. The Commission was informed that City Council has requested a joint work session with the Commission and the consultants for February 26h. And, the purpose of the work session is to provide an opportunity to the Commission to introduce the Plan to the Council and to outline the process used to develop the Plan. I will be working with the City Clerk to organize the work session. is KENAI SENIOR CENTER February 2013 REPORT �� the city of ZI KENAISKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: February 8, 2013 Total January Meal Count 2013 Served: Total Congregate Meals Served: 1,180 Total Home Meals Served: 2,134 Total January Meal Count 2012 Served: Total Congregate Meals Served: 949 Total Home Meals Served: 1,723 During the month of January the senior center was rented once. Volunteers provided 875 service hours. Open season for Medicare was held from October 15 thru December 7, 2012, numerous volunteers across the state provided assistance in helping other seniors find appropriate services for their drug plans. There were 2,368 senior clients who were served across the state. Of those, we saw 59 seniors. Senior Connection, Inc. sponsored the Volunteer Appreciation Dinner. There were 130 seniors present. A special honor was given by the Mayor to Tim Wisniewsi for the years of service he had given to the City. The activity /volunteer coordinator resigned. Carol Bannock was hired for the position. She began her new position on February 11. She will be a great addition to our team. A big thank you goes to various small businesses in our area donated and our Finance Director, Terry Eubank facilitated the donation for steak feed tickets to support high school hockey. 28 seniors received the tickets. Those who attended had a wonderful time. They enjoyed seeing and visiting with the high school kids and said the dinner was wonderful! Our Gold Zumba is growing. We have added a half an hour class on Tuesday afternoon as well as our Thursday afternoon class. Both classes average 8 seniors. These classes are chair exercises so any senior, no matter what their physical function level can participate. We have also started a meditation group that meets every Thursday at 6:00p.m. There are 3 seniors that currently participate. Dr. Dawn Lamb, a natural path in our area, is hoping to begin a Yoga class; the date is to be determined. M '`To: Rick Koch, City Manager FINANCE DEPARTMENT MID -MONTH REPORT %z From: Terry Eubank, Finance Director Date: February 13, 2013 Re: Monthly Report February 2013 The past month has been a busy one with much of the department's focus on the preparation of the FY2014 Budget. The Council will receive its first draft of the FY2014 budget with its April T packet. There is much work to be done by all City departments over the next couple of months. In relation to information technology, the department is preparing for the installation of the new voice over internet protocol (VOIP) phone system. The project is expected to be completed by mid May. KENAI HARBOR COMMISSION MEETING 5 FEBRUARY 11, 2013 O CITY HALL COUNCIL CHAMBERS a/ 7:00 P.M. d. CHAIR PHIL MORIN, PRESIDING a MEETING SUMMARY Q 1. CALL TO ORDER & ROLL CALL Z Chair Morin called the meeting to order at 7:01 p.m. Roll was confirmed as follows: 0 Z Commissioners present: Chair P. Morin, B. Osborn, W. Nelson, V. Askin, R. Peters W Commissioners absent: T. Thompson (excused) d Staff /Council Liaison present: Public Works Director S. Wedemeyer, Council Member R. Molloy A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Osborn MOVED to approve the agenda and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. 3. APPROVAL OF MEETING SUMMARY — January 7, 2013 MOTION: Commissioner Peters MOVED to approve the meeting summary of January 7 and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD — None. 5. UNFINISHED BUSINESS — None. 6. NEW BUSINESS a. Discussion -- Review of Structure, Duties, Procedures, and Responsibilities City Manager Koch led the commission through the questions included in the packet and general discussion occurred. It was noted the information would come back to the Commission for review before being forwarded to City Council. 7. REPORTS a. Public Works Director — Wedemeyer noted dredging feasibility study, personnel changes, and updates on projects. b. Commission Chair— Morin asked a proposal to the Board of Fish be on the next agenda. C. City Council Liaison — Council Member Molloy noted Resolution NO. 2013 -03 requesting the City Manager write to the Department of Fish and Game asking that the personal use fishery does not go to 24 hours had passed; a resolution regarding adding a drift boat pullout would be before the commission at a future date; and, reviewed the bird viewing area project. 8. NEXT MEETING ATTENDANCE NOTIFICATION — March 11, 2013 No commissioners requested an excused absence from the March 11 meeting. 9. COMMISSIONER COMMENTS /QUESTIONS — None. 10. PERSONS NOT SCHEDULED TO BE HEARD — None. 11. INFORMATION — None. 12. ADJOURNMENT MOTION: Commissioner Osborn MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 9:16 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk HARBOR COMMISSION MEETING FEBRUARY 11, 2013 PAGE 2 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS FEBRUARY 5, 2013 7 :00 P.M. Q VICE CHAIR KATHY EAST, PRESIDING > O MEETING SUMMARY a/ 1. CALL TO ORDER & ROLL CALL d Vice Chair East called the meeting to order at 7:03 p.m. Roll was confirmed as follows: Commissioners present: Vice Chair K. East, H. Curtis, S. Mattero, S. Bodin, K. Knackstedt Z Commissioners absent: E. Bryson Staff /Council Liaison present: Library Director M. Joiner, Council Member M. Boyle Z A quorum was present. LU CL 2. AGENDA APPROVAL MOTION: Commissioner Mattero MOVED to approve the agenda and Commissioner Bodin SECONDED the motion. There were no objections. SO ORDERED. 3. ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Mattero MOVED to nominate Kathy East as Chair and Commissioner Curtis SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Mattero MOVED to nominate Eileen Bryson as Vice Chair and Commissioner Curtis SECONDED the motion. There were no objections. SO ORDERED. 4. APPROVAL OF MEETING SUMMARY —November 6, 2012 MOTION: Commissioner Mattero MOVED to approve the meeting summary of November 6 and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 5. PERSONS SCHEDULED TO BE HEARD — None. 6. UNFINISHED BUSINESS a. Discussion — Nonresident Fee Library Director Joiner reported the City Attorney was not in favor of a fee for out -of -state users as it may be illegal. General discussion occurred. MOTION: Commissioner Mattero MOVED to institute a $20.00 per year fee for non - resident users. Commissioner Knackstedt SECONDED the motion. VOTE: Commissioners voting YEA: Knackstedt, Mattero, Bodin, East Commissioners voting NAY: Curtis MOTION PASSED. NEW BUSINESS a. Discussion — Review of Structure, Duties, Procedures, and Responsibilities City Clerk Modigh reviewed the questions included in the packet and recorded responses. City Attorney Bloom asked for issues that frustrated commissioners. General discussion occurred. Modigh reported she would put together a spread sheet of responses that would be reviewed by the Commission before being presented to Council. b. Discussion — FY14 Budget Joiner reviewed the draft budget included in the packet, noting changes from the past year. 8. REPORTS a. Library Director — Joiner reported she and her assistant had attended Family Medical Leave Act training; the library was considering offering amnesty from fines during National Library Week and partnering with the Food Bank to collect donations; and, noted TechSoup was saving the library a lot of money. b. Commission Chair — East noted she appreciated the vote of confidence in being elected as Chair. C. City Council Liaison — Council Member Boyle noted the Council had never approved of non- resident fees. 9. NEXT MEETING ATTENDANCE NOTIFICATION — March 5, 2013 No commissioners requested an excused absence from the March 5 meeting. 10. COMMISSION COMMENTS /QUESTIONS — None. 11. PERSONS NOT SCHEDULED TO BE HEARD Melody Michel, Kenai — Ms. Niichel noted she enjoyed seeing the article in the paper about the lava lamp program. LIBRARY COMMISSION MEETING FEBRUARY 5, 2013 PAGE 2 12. INFORMATION a. Lonely Planet Letter b. First Bookless Public Library article C. Alaska Public Libraries Quick Stats 13. ADJOURNMENT MOTION: Commissioner Curtis MOVED to adjourn and Commissioner Mattero SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 8:31 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk LIBRARY COMMISSION MEETING FEBRUARY 5, 2013 PAGE 3 KENAI PARKS $ RECREATION COMMISSION —= FEBRUARY 7, 2013 Q CITY HALL COUNCIL CHAMBERS 7:00 P.M. O CHAIR PRO TEMPORE RYAN TUNSETH, PRESIDING MEETING SUMMARY a 1. CALL TO ORDER 1£ ROLL CALL a Chair Pro Tempore Tunseth called the meeting to order at 7:00 p.m. Roll was confirmed as Z follows: Commissioners present: R. Tunseth, C. Stephens, J. Jackman Z Commissioners absent: A. Hull, E. Castillo, R. Lambourn, J. Beeson (excused) W Staff /Council Liaison present: a No quorum was present. 2. AGENDA APPROVAL 3. ELECTION OF CHAIR AND VICE CHAIR 4. APPROVAL OF MEETING SUMMARY a. January 23, 2012 b. December 6, 2012 5. PERSONS SCHEDULED TO BE HEARD — None. 6. UNFINISHED BUSINESS — None. 7. NEW BUSINESS a. Discussion — Review of Structure, Duties, Procedures, and Responsibilities b. Discussion — Draft FY2014 Budget 8. REPORTS a. Parks and Recreation Director b. Commission Chair C. City Council Liaison 9. NEXT MEETING ATTENDANCE NOTIFICATION —April 4, 2013 10. COMMISSION QUESTIONS & COMMENTS 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 12. INFORMATION a. Capital Improvement Program Priorities — Parks and Recreation b. Capital Improvement Program Priorities — Beautification Committee 13. ADJOURNMENT Due to lack of quorum, the meeting was adjourned at 7:03 p.m. Meeting summary prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING FEBRUARY 7, 2013 PAGE 2 CITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 13, 2013 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. c. Agenda Approval Chair J. Twait, H. Knackstedt, K. Peterson, C. Smith, J. Arness P. Bryson, B. Shiflea (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Administration requested the following additions and changes to the agenda: ADD TO: 5 -b: PZ13 -07 • Emails from Chuck Winegarden, Petria Falkenberg, Curt Wilcox, Colleen Ward • Letters from Peter O. Hansen, Gerald Brockman, Jim Richardson ADD TO: 5 -c: Revocation of PZ06 -26 • Amended staff comments, amended resolution, and email from Steve Voth • Memo from Jim Richardson ADD TO: 5 -d: Revocation of PZ97 -13 • Amended staff comments, amended resolution and fax from Kenai Peninsula Borough ADD TO: 5 -e: Revocation of PZ10 -43 • Amended resolution ADD: 7 -c: Discussion — Planning and Zoning Commission Meeting Time Commissioner Knackstedt requested the Commission move 5 -c, 5 -d and 5 -e before 5 -b. MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Arness SECONDED the motion. There were no objections. SO ORDERED. J Q O X a a a _Z 0 Z W I. d. Consent Agenda MOTION: Commissioner Smith MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences • Commissioner Shiflea Approved by consent agenda. *All 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 --January 23, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS a. PZ13 -08 —Preliminary Plat— Thompson Park 2013 Replat (A replat of Thompson Park One Stop Replat, Plat 2000 -19). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -08 and Commissioner Smith SECONDED the motion. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 2 a. PZ13 -06 —An application for a Variance Permit for a variance from KMC 14.25.045(d)(1) — paving for the property known as Tract 1, Baron Park 2012 Addition (550 Daubenspeck Circle). Application submitted by Rick Koch, City Manager for City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the application met the following criteria: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. • The granting of the variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -06 and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. Mark Schrag, 312 Princess — Mr. Schrag inquired if the notification had been done properly. Kebschull reported notices were sent to land owners within 1000 feet of the property, notice was posted on the property and a photograph was taken of the sign. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal procedure. c. Revocation hearing revoking Conditional Use Permit PZ06 -26 — Steve & Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging & Guide Service) — 1045 Angler Drive (Lot 5, Angler Acres SD #3). Kebschull and Planning Assistant Carver reviewed the staff report and lay downs pertaining to this issue. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 3 MOTION: Commissioner Knackstedt MOVED to approve the revocation and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Commissioner Smith MOVED to postpone the revocation to no later than May 8, 2013. Due to a lack of second, the motion was not discussed or considered. VOTE ON MAIN MOTION: Commissioners voting YEA: Knackstedt, Arness, Peterson Commissioners voting NAY: Smith, Twait MOTION FAILED. Twait read the 15 day appeal procedure. BREAK: 7:52 P.M. BACK TO ORDER: 7:58 P.M. MOTION: Commissioner Knackstedt MOVED to postpone the revocation hearing revoking PZ06 -26 to the March 27 meeting and Commissioner Peterson SECONDED the motion. VOTE ON POSTPONEMENT: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. d. Revocation hearing revoking Conditional Use Permit PZ97 -13 —Abby Ala dba Ridgeway Farms (Greenhouse, Retail flowers /vegetable sales) — 5220 Strawberry Road (Tract B, Nicole Estates). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. BREAK: 8:08 P.M. BACK TO ORDER: 8:13 P.M. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 4 MOTION: Commissioner Knackstedt MOVED to approve PZ97 -13 by substitution and Commissioner Peterson SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. e. Revocation hearing revoking Conditional Use Permit PZ10 -43 — K. Theresa Hoog land dba Elevated Investments LLC — (Short term rentals) — 412 N. Forest Drive (Govt. Lot 15). Kebschull reviewed the staff report and lay down and recommended dismissing the revocation. MOTION: Commissioner Knackstedt MOVED to approve PZ10 -43 by substitution and Commissioner Arness SECONDED the motion. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. BREAK: 8:18 P.M. BACK TO ORDER: 8:23 P.M. [Clerk's Note: The break was taken to allow commissioners time to read all lay downs pertaining to PZ13 -07. As per the agenda approval, 5 -c, 5 -d, and 5 -e were moved before 5 -b.] b. PZ13 -07 — A resolution of the Kenai Planning and Zoning Commission recommending approval and adoption of the Comprehensive Plan for the City of Kenai to the Kenai City Council. Kebschull reviewed the staff report and lay down. MOTION: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 5 Commissioner Knackstedt MOVED to approve PZ13 -07 and Commissioner Amess SECONDED the motion. Twait opened the meeting to public hearing. Gerald Brookman, 715 Muir— Mr. Brookman read his letter included in the lay down. Laura Sievert, 3329 Beaver Loop — Ms. Sievert requested the commission reconsider the latest land use changes along the Kenai Spur Highway and Angler Drive. Mark Schrag, 312 Princess — Mr. Schrag expressed his belief the plan did not take into consideration the public comments from the April 12, 2012 meeting. Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt expressed her disappointment in the process. There being no one else wishing to speak, the public hearing was closed. VOTE: Commissioners voting YEA: Smith, Twait, Knackstedt, Arness, Peterson Commissioners voting NAY: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS— None. 7. NEW BUSINESS a. Discussion — Capital Improvement Projects Priority Lists — Harbor & Parks & Recreation Commission & Beautification Committee. Kebschull reviewed the memo included in the packet. b. Discussion /Set Public Hearing — PZ13 -09 —A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.24.020 General Requirements - Development Requirements Table by altering setback requirements for residential uses, and merging KMC 14.24.030 into KMC 14.24.020 and deleting KMC 14.24.030. Carver reviewed the history of the issue and advised a work session would be set for the February 27 meeting. c. Discussion — Commission Meeting Time Kebschull polled the commissioners regarding their preferences on starting the meetings at 6:00 versus 7:00. Council Member Molloy would relay the information to Council. 8. PENDING ITEMS —None. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 6 9. REPORTS a. City Council —Council Member Molloy reviewed the February 6 personal use fishery work session and the February 6 Council meeting; thanked the commissioners on their work on the Comprehensive Plan; and, noted the personal use fishery work session on February 26. b. Borough Planning — No report. c. Administration — Kebschull announced her April 30, 2013 retirement. 10. PERSONS PRESENT NOT SCHEDULED Mark Schrag, 312 Princess — Mr. Schrag noted his frustration that more people do not attend the meetings and felt those attending needed to feel heard. 11. INFORMATION ITEMS a. Annual Reports — Extraction of Natural Resources b. Kenai's Capital Request— 2013 Legislative Session 12. NEXT MEETING ATTENDANCE NOTIFICATION — February 27, 2013 13. COMMISSION COMMENTS & QUESTIONS — None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:47 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 13, 2013 PAGE 7 A quorum was present. 2. AGENDA APPROVAL MOTION: Member Carty MOVED to approve the agenda and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 3. ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Carty MOVED to nominate Pat Porter as Chair and Member Beeson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Carty MOVED to nominate Tim Wisniewski as Vice Chair and Member Beeson SECONDED the motion. There were no objections. SO ORDERED. 4. APPROVAL OF MEETING SUMMARY a. January 24, 2012 b. October 10, 2012 G. November 20, 2012 MOTION: Member Beeson MOVED to approve the meeting summaries of January 24, October 10 and November 20, 2012 and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 5. PERSONS SCHEDULED TO BE HEARD — None. 6. UNFINISHED BUSINESS — None. J MINI -GRANT STEERING COMMITTEE O CLERK'S CONFERENCE ROOM 0 CITY HALL a FEBRUARY 5, 2013 d 4:00 P.M. Q MAYOR PAT PORTER, PRESIDING MEETING SUMMARY Z 1. CALL TO ORDER & ROLL CALL Q Mayor Porter called the meeting to order at 4:00 p.m. Roll was confirmed as follows: L J Members present: Mayor P. Porter, P. Carry, J. Beech, J. Beeson, a T. Wisniewski Members absent: None A quorum was present. 2. AGENDA APPROVAL MOTION: Member Carty MOVED to approve the agenda and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 3. ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Carty MOVED to nominate Pat Porter as Chair and Member Beeson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Carty MOVED to nominate Tim Wisniewski as Vice Chair and Member Beeson SECONDED the motion. There were no objections. SO ORDERED. 4. APPROVAL OF MEETING SUMMARY a. January 24, 2012 b. October 10, 2012 G. November 20, 2012 MOTION: Member Beeson MOVED to approve the meeting summaries of January 24, October 10 and November 20, 2012 and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 5. PERSONS SCHEDULED TO BE HEARD — None. 6. UNFINISHED BUSINESS — None. 7. NEW BUSINESS a. Discussion /Action -- Review of Mini -Grant Applications for Award • Shaylee Rizzo -- Missy the Moose MOTION: Member Carty MOVED to approve the application with the following changes: • Soldotna needs to be changed to Kenai in the book. • A copy of the book needs to be given to the Kenai Community Library. Member Beeson SECONDED the motion. VOTE: Members voting YEA: Carty, Beech, Beeson, Wisniewski, Porter Members voting NAY: MOTION PASSED UNANIMOUSLY. 8. ANNOUNCEMENTS — None. 9. ADJOURNMENT MOTION: Member Beeson MOVED to adjourn and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at 4:09 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk MINI -GRANT STEERING COMMITTEE MEETING FEBRUARY 5, 2013 PAGE 2 ci 6 OD ai co CD m VD r-4 DD CD cla 10 Lo 0� 196 C) Lu w \ § > tLi 0) a. z IL 0 z CD 0 0 0 z lu V5 z z 65 D z af U) z co ir F- LU lu F- < % 0 LL LL co L) -Z Lli L) 0 Ir a_ m E§ t L) a_ 0 �M a- CD .z 2. co n- lu AM < -Y nf U) < a. z m 0 IL lu E 2\ 0 A= C!) z < LU w w IL < iLLI Ir IL LU 0 C) n. 0 LL m 0 Z 0 o a: .z w < 0 Z X Z �5 (1) Z: 0 0 0 < x D 0) 0 z LLJ cm W W LU In Im LU X 0 m Fn 00 10 0 " F- 4� C,4 w z re (D M >- CD 0 Er C) 'e 0 L) 0 < 0 z ILU D ?5 0 Lu zi 0 cm z �n- 0 -j 0 ILL] < Ir lu Lu ED LLI LL 0 z ILU I. z LL. 0 >- 0 (D a. D EL LU Z W- w D M ul ui co co P w 'it LU < z 0 z 0 w 0 L) IL 0 z Cl) < w z 0 TX z 0 w .0 F- U) in z ir CO N uj ca LU 0 -5 IL > -45 x 0 < U Ullaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 .1 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIIV 1992 Interoffice Memo Date: February 15, 2013 To: Mayor Pat Porter, City Council Members From: Corey Hall, Deputy City Clerk C �" RE: Report to Council - Destruction of Records In accordance with the City of Kenai Records Retention Schedule, approved and adopted under Resolution No. 2011 -51, the Records Management Division of the City Clerk's Office disposed of certain City Records on February 13, 2013, which were subject to disposal under the Schedule. Animal Control 4 boxes City Manager 3 boxes Clerk 5 boxes Finance Department 33 boxes Fire Department 1 box Library 3 boxes Planning & Zoning Dept. 2 boxes Senior Center 5 boxes The records were authorized for destruction by the respective department managers and the city attorney, as per KMC10.30. A complete list of the above referenced obsolete records is available for review in the Clerk's Office. NOTICE OF PUBLIC HEARING FEBRUARY 20, 2013 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 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. [Clerk's Note: Ordinance No. 2675 -2013 was postponed from the February 6 meeting to the February 20 meeting.] 2. 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 (ICAC). 3. 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. 4. Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 5. Resolution No. 2013 -06 — Respectfully Requesting that the Alaska Board of Fisheries Meeting, Scheduled for January 29, 2014 Through February 11, 2014, to Consider Upper Cook Inlet Finfish Issues, be Held on the Central Kenai Peninsula. 6. Resolution No. 2013 -07 — Authorizing the Police Department to Accept Ownership of a Vehicle Forfeited in a Federal Investigation. (Clerk's Note: Council may enter into executive session pursuant to AS 44.62.310 (c)(4) for further discussion.] 7. Resolution No. 2013 -08 — Awarding a Bid for Voice Over IP Equipment to B2 Networks LLC. at a Total Cost of $70,382.60. 8. Resolution No. 2013 -09 — Approving the Purchase of a Trackless MT6 with Snow Blower Attachment from Yukon Equipment Inc. for an Estimated Cost of $139,613. Resolution No. 2013 -10 — Approving and Adopting Management Alternative Three for Management of Fish Waste and Other Solid Waste for the 2013 Personal Use Fishery. 10. Resolution No. 2013 -11 — Accepting a Grant in the Amount of $200,000 from the U.S. Soccer Foundation for the Installation of a Turf Soccer /Football Field at Kenai Central High School. 11. Resolution No. 2013 -12 — Authorizing a Budget Transfer within the General Fund — Non- Departmental to the City Manager's Department for Outside Legal Services for Building Code Enforcement. 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. Corene Hall, CIVIC Deputy City Clerk Posted: February 15, 2013 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF FEBRUARY 20, 2013 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 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. 2. 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 (ICAC). 3. 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. 4. Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. 5. Resolution No. 2013 -06 — Respectfully Requesting that the Alaska Board of Fisheries Meeting, Scheduled for January 29, 2014 Through February 11, 2014, to Consider Upper Cook Inlet Finfish Issues, be Held on the Central Kenai Peninsula. 6. Resolution No. 2013 -07 — Authorizing the Police Department to Accept Ownership of a Vehicle Forfeited in a Federal Investigation. 7. Resolution No. 2013 -08 — Awarding a Bid for Voice Over IP Equipment to B2 Networks LLC. at a Total Cost of $70,382.60. 8. Resolution No. 2013 -09 — Approving the Purchase of a Trackless MT6 with Snow Blower Attachment from Yukon Equipment Inc. for an Estimated Cost of $139,613. 9. Resolution No. 2013 -12 — Authorizing a Budget Transfer within the General Fund — Non - Departmental to the City Manager's Department for Outside Legal Services for Building Code Enforcement. 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. —7 -( CL_-j�4 Corene Hall, Deputy City Clerk Posted: February 21, 2013 N m n �p n O n n n W N 0 f9 c* o m a D r �7 w K ro a w VA kid r C by C1 5' W O ^ 0 7 rn C ° �z Q m �a w � _ o T m N L� � J O1 N A W S m r 2 N� m O ^<S N�> W V O N A WN +. 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