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HomeMy WebLinkAbout2013-10-02 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE PACKETS l5 Council Meeting Date: aC J-o Mayor Council - 3 packets Clerk City Manager 01 — Deputy Clerk Library he Fire Department Cunnin ham �( Carver Student Rep. 1G Hall Binder Schmidt NORM - Mellish ELECTRONIC COPY NOTICE 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. NOTICE OF PUBLIC HEARING OCTOBER 2, 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. Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute. Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City. 3. Resolution No. 2013 -65 — Declaring Equipment, Supplies, And Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municioal Code 7.15 n5n Anri 15.070. 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 a`d-o�ptioon, without further public notice. Corene Hall, CMC, Deputy City Clerk Posted: September 27, 2013 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE OCTOBER 2, 2013 KENAI CITY COUNCIL MEETING 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. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute. 2. Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City. 3. Resolution No. 2013 -65 — Declaring Equipment, Supplies, And Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. 4. Resolution No. 2013 -66 — Recognizing the Importance of Breast Cancer Awareness, Education and Early Detection. 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. Sa0drglModigh, CKV City'Clerk Posted: October 3. 2013 OCTOBER 2, 2013 REGULAR COUNCIL MEETING REQUESTED ADDITIONS TO THE AGENDA: ADD TO: REQUESTED BY: Public Hearings DA Resolution No. 2013 -66: Recognizing the Importance of Breast Cancer Awareness, Education and Early Detection Mayor the aiy I/ KEMN SIIII CITY OF KENAI NO. 2013 -66 Suggested by: Mayor Porter A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE IMPORTANCE OF BREAST CANCER AWARENESS, EDUCATION AND EARLY DETECTION. WHEREAS, after skin cancer, breast cancer is the most common kind of cancer in women. About one in eight women born today in the United States will be diagnosed with breast cancer at some point during her life; and, WHEREAS, breast cancer is the second leading cause of cancer deaths in women, and is projected to claim the lives of nearly 40,000 women this year; and, WHEREAS, an estimated 232,000 new cases of invasive breast cancer will be diagnosed in women in 2013; and, WHEREAS, although mortality rates have fallen as knowledge about the disease has increased, the number of breast cancer cases diagnosed each year still continues to rise; and, WHEREAS, there are now more than 2.9 million breast cancer survivors in the U.S.; and, WHEREAS, men as well as women are at risk for breast cancer. It's estimated that more than 2,200 men will be diagnosed in 2013, and around 400 men will die from the disease. While far less common in men than in women, men still have a 1 in 1,000 chance of getting breast cancer in their lifetime; and, WHEREAS, self breast - examinations and mammography are among the most effective and widely available methods of early detection of breast cancer; and WHEREAS, several new and promising technologies are being developed to enhance the early detection of breast cancer, including: ultrasound, magnetic resonance imaging (MRI), medi- photonics, new signal processing, and several kinds of digital computer - enhanced images; and, WHEREAS, although October is designated as National Breast Cancer Awareness Month, many communities and organizations are dedicated to raising awareness and educating individuals about breast cancer throughout the year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai encourages our residents to join in activities that increase awareness of breast cancer prevention and supports research working towards eradication of the disease. Resolution No. 2013 -66 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of October, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk tt ❑ Buccaneer needs to drill two wells within the next 6 months and their normal disposal option of offsite solidification at AIMM facility and landfill disposal is not available L3 Other viable options are not available within the short term and most options would require on site storage until alternative options are available. 10/2/2013 1 Treatment • Disposal Options ❑Beneficial reuse ❑Solidification at permanent AIMM facility and disposal at AIMM monofill ❑Solidification at temporary Buccaneer facility and disposal at KPB landfill ❑Grind and inject in disposal well ❑Package and send offsite (lower 48) for disposal 3 ❑Haul drilling mud and cuttings from two wells on the Kenai Peninsula to the Kenai Loop Pad #1 • West Eagle Well #1 (October to December 2013) • Kenai Loop Well #2 -1 (January to March 2014) ❑Mixing and solidification operations at the Kenai Loop Pad #1 ❑Testing materials and hauling solidified materials to KPC Soldotna Landfill for disposal 4 10/2/2013 2 e= `�' -' M - '' Kenai Loop Kenai Loop �• Pad 2 Pad 1 ^ J �'� YFN. TI'NAI • �aJ utFicn KPB Landfill ' "uuc vww West Eagle Well n4 Hauling Description-2 ❑The number of loads in the hauling process depends on drilling activities underway ❑Wastes are hauled from the drilling location to the treatment location in 70 to 80 bbl vacuum trucks with 0 to 8 round trips per day ❑ Materials hauled include a mix of water (about 70% by volume) and solids (about 30% by volume and mostly cuttings /drilled solids) 6 10/2/2013 3 ❑ Kenai Loop Well #1 -4 -about 6,000 bbl of wastes currently being processed at AIMM facility in North Kenai (for comparison only) ❑ West Eagle Well #1 -about 5,000 bbl of wastes to be treated at Kenai Loop Pad #1 ❑ Kenai Loop Well #2 -1 -about 6,000 bbl of wastes to be treated at Kenai Loop Pad #1 Buccaneer Waste Management Facility ❑ Basic process is solidification and disposal at KPB landfill ❑ Temporary operation ❑ Located at Kenai Loop Pad #1 ❑ Fenced and gated area at the edge of Kenai a 10/2/2013 4 1. Drilling waste receiving and mixing tanks -2 ope topped 400 bbl tanks 2. Addition of solidification materials and mixing ope ratio ns -EX200 Excavator 3. Contingency storage tanks -2 to 4 -500 bbl tanks 4. Solidification cell -about 65' x 70' inside b Mf,. T9 Clrl. E�, TM_ �l]e Tf R ENWAWIIXZ -" ICCE W V4 M% ,M GGr'iIM 0 10 10/2/2013 5 .ez Components • Drilling Wastes • Sawdust ■ Cement 11 12 10/2/2013 C ❑ Follow testing protocols required by KPB Landfill ❑ Paint filter test observations - visual and obvious ❑ Gasoline Range Organics (GRO) ❑ Diesel Range Organics (DRO) ❑ Total Benzene, Toluene, Ethylbenzene and Xylene (BTEX) ❑ All samples have previously passed 13 10/2/2013 IIAF AGENDA KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 2, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) 'All items listed with an asterisk (`) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Marcus Mueller, Soldotna Rotary Club —Paint the Kenai Mural Project. 2. Lieutenant Matthew Mitchell United States Coast Guard, Anchorage Alaska — Good Samaritan Certificate of Appreciation. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute.................................................................................... ............................... Pg 5 2. Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City ................................................... .............................Pg 9 3. Resolution No. 2013 -65 — Declaring Equipment, Supplies, And Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15. 070 ............................................................ ............................... Pg 13 E. MINUTES 1. *Work Session Notes of September 18, 2013 ........................... ............................... Pg 23 2. *Regular Meeting of September 18, 2013 ................................... .............................Pg 25 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified ........................................ ............................... Pg 35 2. *Action /Approval — Purchase Orders Exceeding $15, 000 ........... ............................... Pg 37 3. Action /Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision for the purpose of Operation of a Class II Injection Facility (Storage /Disposal of Onsite and Offsite Materials ) ............................ Pg 39 4. Action /Approval — Planning and Zoning Commission Training at the Alaska Planning Conference in Anchorage ................................................ .............................Pg 71 5. *Ordinance No. 2724 -2013 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department .......................................................... .............................Pg 73 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee ........................... 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT .......................... ............................... Pg 77 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None City of Kenai Council Meeting Agenda Page 2 of 3 October 2, 2013 N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 79 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 October 2, 2013 THIS PAGE IS INTENTIONALLY LEFT BLANK Suggested by: Legal Department CITY OF KENAI ORDINANCE NO. 2722 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.75.020, BAD CHECK SERVICE CHARGES, TO ELIMINATE REFERENCES TO STATE STATUTES. WHEREAS, Kenai Municipal Code 1.75.020, Bad check service charges, makes reference in subsection (b) to AS 09.65.115; and, WHEREAS, Alaska Statute 09.65.115 no longer exists, and has been replaced with AS 09.68.115; and, WHEREAS, in order to eliminate future inconsistencies when state statutes change, it is generally preferred to make more general references to state statutes when necessary, so that City code does not continuously need to be amended. 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 1.75.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.75.020, Bad check service charges, is hereby amended as follows: 1.75.020 Bad check service charges. (a) Any person who issues a check to the City of Kenai that is dishonored may be subject to a twenty dollar ($20.00) service charge if written demand for payment of the check and service charge is made. (b) This ordinance does not limit the City's right to recover civil damages as provided for in [AS 09.65.115] state law, in the event payment of the dishonored check is not tendered. (c) In this ordinance "check" [HAS THE MEANING GIVEN IN AS 11.46.280;1 means postdated check or a promissory note. "[D1Dishonored" means the nonpayment of a check because of (1) lack of funds; (2) closure or non - existence of an account; or, (3) a stop payment order issued without cause. "Written demand" means a written notice to the user of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the service charges set out in this section. If no address appears on the check, then demand shall be sent to the person's last address t� ascertainable. New Text Underlined; ]DELETED TEXT BRACKETED] Page 5 of 79 Ordinance No. 2722 -2013 Page 2 of 2 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. 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 2nd day of October, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 18, 2013 Adopted: October 2, 2013 Effective: November 2, 2013 New Teat Underlined; IDELETED TEXT BRACKETED] Page 6 of 79 "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �iha arty i KEHAI, ALASKA Nl�/ MEMORANDUM TO: Mayor P '-e�~� nd Council Members FROM: Scott BI , ity Attorney DATE: September 12, 2013 SUBJECT: Ordinance No. 2722 -2013, Bad Check Service Charges Upon working with KMC 1.75.020, Bad check service charges, it was discovered by the Legal Department that this section of code contained a reference in subsection (b) to a state statute that no longer exists. This ordinance is primarily a housekeeping ordinance to address this issue. However, as opposed to correcting the reference to the correct state statute, it is recommended that the ordinance merely reference state law generally, so that the City does not necessarily need to amend its code each time state law is amended. Consistent with this practice, in subsection (c) of the proposed amended code section, the ordinance adopts the actual definition provided for "check" in state law, as opposed to referencing the definition by specific State Statute. Thank you for your consideration. YAOrdinances & Resolutions \Ordinances \Ordinance No. 2722 - 2013 Bad Check SC Memo 091113.docx Page 7 of 79 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 79 6� Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2723 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION FROM THE KENAI SENIOR CONNECTION FOR THE PURCHASE OF RADIO EQUIPMENT TO BE INSTALLED IN A NEW MEALS -ON- WHEELS DELIVERY VAN DONATED BY THE KENAI SENIOR CONNECTION TO THE CITY. WHEREAS, the Kenai Senior Connection purchased and donated a new delivery van to the City of Kenai for the delivery of meals as part of the City's Meals on Wheel program; and, WHEREAS, radio equipment is installed in all Senior Center vehicle for communication between the Center and its drivers; and, WHEREAS, acceptance of the grant will provide the funding need to purchase a radio for the new van, an expense not budgeted in the Center's FY2014 budget; and, WHEREAS, the total cost of the new radio is $1,901.70. Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept a donation from the Kenai Senior Connection in the amounts of $1,901.70 for the purchase of radio equipment to be installed in the City's new Meals -on- Wheels van which the City received by donation from the Kenai Senior Connection. Section 3. That estimated revenues and appropriations be increased as follows: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Fund Increase Estimated Revenues: Other Donations $1,901.70 Increase Appropriations: Senior Citizen Access - Small Tools & Minor Equipment $1,901.70 New Tent Underlined; DELETED TEXT BRACKETED] Page 9 of 79 Ordinance No. 2723 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: —_7 � PAT PORTER, MAYOR Introduced: September 18„ 2013 Adopted: October 2, 2013 Effective: October 2, 2013 New Text Underlined; ]DELETED TEXT BRACKETED] Page 10 of 79 WA e TO: FROM: DATE: "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 MEMORANDUM Rick Koch, City Manager Rachael Craig, Senior Center Director September 11, 2013 Senior Connection, Inc. Designated Donation for a Radio for the New Meals Van This MEMO is in reference to the Ordinance accepting designated funds for a new meals van radio from Kenai Senior Connection, Inc. The Kenai Senior Connection, Inc. received private designated donations to purchase a new radio and antennae for the new Meals on Wheels van. The Senior Center spent $1,901.70 through its budget for the purchase and the passage of Ordinance will appropriate the private donations and reimburse the Senior Center's budget the $1,901.70 spent for the radio and antennae. Page 11 of 79 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 79 the <tfyof KENAI. SKA CITY OF KENAI RESOLUTION NO. 2013 -65 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060 AND 7.15.070. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sale process; and, WHEREAS, a competitive sealed bid auction or internet sale process are reasonable and acceptable means of disposal of surplus and obsolete City property. WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non - competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars ($1,000.00) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the City Shop Yard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.060 and 7.15.070. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day of October, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 13 of 79 2013 City of Renal Auction ITEMS AttachmentA Resolution No. 201345 Dept Quanity Item Description Working Status Suggested Auction Price Library 1 Boston School Pm Penal Sharpener works $3 Library 1 Hunt Boston Pencil Sharpener works $3 Library 1 Dymc,1000 Label Maker works $3 Library 1 Workstation Video Tae Fixer works $3 Library 1 20" round coven coum table top works $20 Library 1 large book truck wobbly wheel $10 Library 1 Dell Latitude D620 Laptop works $25 Library 58 archival add free storage burros works $20 Library 1 HP 96A black printer cartridge new $1 Libra 1 LaserJet 2200 DN Printer works $10 Libra 13 Dell Keyboards works $2 each Libre 8 computer mice works $1 each Libra 7 corm liter power cords woks $1 each Libre 4 computer connection cords woks $1 each Libra 2 Dell Optiplex 745 computers works $25 each Libra 2 Dell Optiplex 755 computers woks $25 each Libra 4 Dell Optiplex 360computers woks $25 men Libra 1 Dell Optiplex GX620 server works $25 Library 1 Dell PcwerEd a T610 server works $25 Library 1 Dell PowerEd a 1800 server works $25 Library various monitors works $10each Library 1 Philips CD player works $3 Library 1 paper cutter works $5 Library 2 15" oval corian couch tablet top works $10 each Library 1 Dell 1720 Printer works $10 Library 2 Dell 1720 Toner Carts new $1 Library 1 Dell 1720 Imaging Drum new $1 Finance 1 Dell Optiplex 755 Working $ 25 Finance 3 8 Channel Audio Mixer XLR Working $ 50 Finance 1 Sabine FBX1020* Feedback Eliminator Working $ 75 Finance 1 Denon Dual Deck Casette Recorder Unknown $ 60 Finance 3 Audio Technica Wireless Microphones with r !am Working $ 50 Finance 4 Netgear PmSafe Wireless Access Palm (WNDP302, WNDP330, WNDP350 ) Working S 50 Finance 1 Paso T3040MOM 5 channel, 2 zone PA Working $ So Finance 6 Dail Opliplex GX620 Working $ 25 Finance 1 Sony Mavica MVC -00400 CD -RW Digital Camara Working $ 25 Finance 1 Netgear WG311 PCI Wireless Card Working $ 8 Finance 9 Misc. Ethemet Switch Working $ 8 Finance 1 SnapGear Network Security Gateway Working $ 25 Finance Misc. Keyboards and Mice Working $ 2 Finance 1 LaserJet 2200D Unknown $ 20 Finance Old telephone systems, accessories, and telephones Working $ 100 Finance 2 Dell Optiplex GX520 Unknown $ 26 Finance 2 Dell Optiplex GX240 Unknown S 25 Finance 1 LaserJet P3005 Working $ 50 Finance 4 - Dell Poweredge Server 2900 Working $ 50 Finance 2 Dell Poweredge Server T300 Working $ 200 Finance 1 Dell Poweredge Server T600 Working $ 300 Finance 3 Dell Precision Working $ 25 Finance 5 Misc. Network Equipment Working $ 25 Finance 1 Dell Optiplex 380 Working $ 25 Finance 2 Deli Vostro 420 Working $ 25 Finance 1 Dell Opliplax 745 Working $ 25 Police 2 Ink cartridges Y $ 2 Police 13 Typewriter ribbons - various Y $ 5 Police 1 Ora odium Y $ 5 Police 2 5 "carspeakers Y S 3 Police 1 Metal file organizer Y $ 2 Police 2 Metal bookends Y $ 1 Police 1 Keyboard Y $ 1 Police 1 Box of Misc wires /power cords Y $ 10 Police 1 Neopust postage machine Y $ 10 Police 1 PC speakers w/base Y $ 5 Police 1 Polaris snowmachine helmet Y $ 10 Police 1 Black Can Logic camera case Y $ 2 Police 1 HP Deskjet copier /printer /scan Y S 10 Police 1 Samsung digital video recorder Y $ 15 Police 2 Uniden security cameras Y $ 15 Police 12 Samsung security cameras Y is 15 Police 1 Fuji slur camera w /case Y $ 20 Police 1 Computer tablet in soft case Y S 10 Page 14 of 79 Pepe103 2013 City of Kenai Auction REM5 Attachment A aesoluaon No. 201345 Police 1 Shoulder holster Y $ 5 Police 1 Petzl heatllamp Y $ 5 Police 2 Knives Y $ 1 Police 1 Alpine power amp Y $ 3 Police 1 Large machete Y $ 1 Police 1 Small machete Y $ 1 Police 3 Network switches Y $ 5 Police 5 Deg computers V $ 20 Police 4 Orange dry bones V $ 5 Police 1 Set of area w/rims Y $ 60 Police 3 Card file cabinets Y $ 2 Police 2 4- drawer file cabinets Y $ 5 Police 1 Orange life vest Y $ 1 Police 30 Bikes Y $ 60 Finance f h 15M lasenjet printer Y $ 10 Finance 1 5 foot metal desk shag Y S 10 Finance 2 monitor stands Y $ 10 Finance 1 metat hanging file Y $ 1 Finance 2 plastic shelves, 2 and Stier Y $ i Finance 2 recel t printers with papa rolls Y $ 6 Finance 1 pair of computer spasakers Y $ 1 Finerxe 1 HP C4096A toner cartridge Y $ 5 PWA 3 Brother Comecdon tapes Y $ i PWA 1 Brother Casseft Daisy Wheel Y $ 1 PWA 2 Three tale nch Y $ 1 PWA 2 Small Binders Y $ 1 PWA i Pe0dl holder Y $ 1 PWA 1 Rolodex Y $ 1 PWA 1 Kodak Printer Y $ 25 PWA 6 Extension Cords Y It 5 PWA 2sets 5 reakers Y $ 2 PWA 2 cd holders Y $ 1 PWA 1 desktop document holder V $ 2 PWA 1 Ergo Foot Rest Y $ 2 PWA 1 Black Binder Y $ 1 PWA 2 Bookends Y $ 1 PWA 1 File Divider V $ 1 PWA 2 Eressr Y $ 1 PWA 1 D mo 3500 Y $ 5 PWA 1 Stackable Dividers Y $ 1 PWA 2 Fit* Divider Y $ 2 PWA 1 box Keyboards and Mousse Y $ 6 PWA 1 Kodak Camera and Case Y $ 20 PWA 1 Brother EM-530 7ypewwHer Y $ 20 PWA 1 HP Lax at P3D05 Needs clew rollers $ 10 Clerk 10 blank vhs eartritl es Y $ 1 Clerk 2 dictionaries Y $ 2 Clerk 2 bulieBn beards Y $ 10 Clerk several plastic trays, shelves Y $ 2 Clerk 1 calwlatur Y $ 5 Clerk 1 ed holder Y $ 1 Clerk 1 circular walarence phone Y $ 10 Clerk 1 coffee maker Y $ 5 Clerk several large flowear ots V $ 2 Clerk 1 pair of computer speakers Y $ 1 Clerk 1 box miss, desk accessories Y $ 1 Clerk 1 recollot printer Y $ 5 Clerk several metal desk pieces Y $ 10 Clerk several office divider pieces Y $ 10 Clerk 1 particleboard mailbox Y $ 5 Clerk 2 large serial maps Y $ 2 Clerk 1 rolling file folder Y $ 10 Clerk 1 once chair, missing 1 wheel Y $ 2 Clerk 4 boxes manila envelopes 10 x 15 Y $ 5 Clerk 3 boxes manila envel 12 x 15.5 Y $ 5 Clerk 3 wall partitians 1 mrved Y $ 10 Clerk 1 gat wall dis ley case, —7 x T Y $ 10 Clerk 1 five shelf vertical file Y $ 20 Clerk 1 wooden display case Y $ 10 Buildings 10 Icases asst air filters ly $ 201 Buildings 3 once chairs ly $ 10 Animal Contra 1 printer Y $ 20 Streets 12 Office Chairs Y $ 3D Streets 1 Basketball Hoop Y $ 6 Airport 1 Dell GKS20, CPU Flat Screen Monitor IY $ 10 Airport 1 Honeywell portable office heater V $ 2 Page 15 of 79 Pose 2of3 1013 Gty of Kenai Auction ITEMS AttachmentA Resolution No. 1013fi5 Arpoell 1 Box Mlsc winputer accessories y $ 5 Airport 4 Paper Tcwel dispensers (electric) y $ 10 Airport 1 Bar Stool Chair y $ 3 Airport 1 Dask with extension y $ 5 Airport 1 Plow blade 140 rollover blades 120 win y $ 500 Airport 1 Table Chair y IS 10 Fire 1 Dell monitor y $ W Fire 1 3 Dell Flat Scroan mon0as y g 10 Fire 1 Com uter desk y $ 15 Fire 1 Desk organizer paper tra y IS 1 Fire 1 Dell Dimension 8400 Warnputer with keyboard, speakers, y $ 1 Fire 1 Dell keyboard y $ 1 Fire 1 Ml=wft keyboard y g 1 Fire 1 Toshiba adding machine y $ 1 Fire 1 D -Link Router y $ 5 Fire i Dell Power Ede 15008C Server y $ 10 Fire 1 Sharp 25inch TV y $ 10 Fire i Dirt Devil Vacwm y IS 5 Fire 1 Sears window blinds y IS 5 Shop 11993 Cheafy Truck Transmission emmissions oroblerras IS ISM Shop 1 2003 Dodge Caravan Sport AWL) Engine no compression 95 transmission shirt hard IS 50o Com etitive Sealed Bid De Cusinity Item Description Working Status I Minimum Bid Sao 1 2002 Dod a Dakota Sport 4wd Ext Cab Ajrbags and sensor Inoperable 1 1,000 Page 16 of 79 Page 3of3 "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 1993 MEMO: TO: Rick Koch, City Manager THRU: Sean Wedemeyer, Public Works Director 5/✓{�,/ FROM: Kayla Feltman, Public Works Assistant DATE: September 26, 2013 SUBJECT: Resolution No. 2013 -65 Please see attached Resolution No. 2013 -65 with Attachment "A ". These items are no longer needed by the departments listed. The memo and resolution is to recommend Council to approve Administration's request to dispose of these items. If Council passes Resolution No. 2013 -65, Administration will dispose these items with a non competitive Surplus Item Sale, Competitive Sealed Bid, or an internet sale process. The location of the Competitive Sealed Bid Auction and Surplus Item Sale will be held at 332 Airport Way. The City will hold a Competitive Sealed Bid and Surplus Item Sale utilizing the following bid schedule: • October 8 List and Bid Form available on City website and at City Hall • October 8 151 Public Notice Ad in Peninsula Clarion • October 8 2nd Public Notice Ad in Peninsula Clarion • October 10 3`d Public Notice Ad in Peninsula Clarion • October 21 Last day to deliver items to Shop yard • October 25 5:OOpm Bid Form Deadline • October 26 10:OOam Bid Opening and Surplus Item Sale • October 26 Pickup date • October 28 Pick up deadline Page 17 of 79 u "I/'llaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 i'llll 1992 MEMO: TO: Rick Koch Through: Sean Wedemeyer FROM: Randy Parrish, Shop Foreman DATE: 9/19/2013 SUBJECT: Senior Center Van, SC07 It is the recommendation of the Shop Foreman to discontinue use of the 2003 Dodge Caravan listed as SC07 with 158,609 miles. Problem Currently SC07 has been tagged out of service due to the following reason listed below. 1. No compression on cylinder #5. 2. Check engine light on. 3. Transmission sometimes shifts hard into gear or skips gears. 4. Heater quits working intermittently, requiring the body control module to be re- flashed. 5. Rear differential making noise, parts no longer available from Dodge. History Repair costs last 2 years: Repair and maintenance $7,918.28 21 times in past 2 years. Recommendation Surplus unit and place in city auction. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Randy Parrish Shop Foreman Page 18 of 79 u "Village witk a Past, C# with a fidure"' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 1992 MEMO* TO: Rick Koch Through: Sean Wedemeyer 5mv FROM: Randy Parrish, Shop Foreman DATE: 9/24/2013 SUBJECT: P01 It is the recommendation of the Shop Foreman to discontinue use of the 2002 Dodge Dakota truck listed as P01 with unknown miles. Problem Currently POI has been tagged out of service due to the following reason listed below. 1. Unit was totaled prior to the City receiving the vehicle in 2007. 2. Safety air bags and sensors are not working and the wiring for them are missing. History Unit has been out of service since November 2012 by the request of Police Chief. Vehicle has been replaced. Recommendation Surplus unit and place in city auction. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Randy Parrish Shop Foreman Page 19 of 79 July 26, 2007 KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283 -7879 Fax (907) 283 -2267 The Kenai Police Department has taken control of a seized/forfeited 2002 Dodge Dakota via legal venues, and acknowledges disabled & non - functioning airbags exist in that vehicle. The vehicle shall be operated only by sworn member(s) of the Kenai Police Department, except for City of Kenai Vehicle Maintenance Dept. personnel for purposes deemed necessary to keep & maintain the vehicle in sound mechanical condition. Lt. Kim Wannamaker for Chief Charles M. Kopp Page 20 of 79 u "Village with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 III Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1997 MEMO* TO: Rick Koch Through: Sean Wedemeyer 5MW FROM: Randy Parrish, Shop Foreman DATE: 9/2412013 SUBJECT: PR4 It is the recommendation of the Shop Foreman to discontinue use of the 1993 Chevy % ton 2wd truck listed as PR4 with 102,854 miles. PR4 was purchased at a surplus auction in 2004. Problem Currently PR4 has been tagged out of service due to the following reason listed below. 1. Transmission is bad. 2. Engine has emission issues listed by computer codes. History Unit has been out of service since December 2012. In addition to the transmission the vehicle is in need of several small items to make in dependable and usable. Recommendation Surplus unit and place in city auction. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Randy Parrish Shop Foreman Page 21 of 79 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 22 of 79 KENAI CITY COUNCIL WORK SESSION SEPTEMBER 18, 2013 5:00 P.M. -- 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor P. Porter, Vice Mayor R. Marquis, R. Molloy, T. Bookey, B. Gabriel, T. Navarre, M. Boyle Others present: Speaker M. Chenault, Staff Representative for Senator Micciche. Staff Representative for K. Olson, City Manager R. Koch, City Attorney S. Bloom, and City Clerk S. Modigh Mayor Porter began the work session at approximately 5:00 p.m. City Manager Koch provided an overview of the City's Capital Improvements Program (CIP) Priorities for State and Federal funding requests for fiscal year 2015: 1. Construct New City Light/Heavy Equipment Storage Building -- $2,500,000.00 (State Funding Request) 2. Paving & Improvements to City Streets -- $1,000,000.00 (State Funding Request) 3. Wastewater Treatment Plant Upgrades Phase II -- $1,840,553.00 (State & Federal Funding Request) 4. New Fire Engine -- $500,000.00 (State Funding Request) 5. Improvements to the City of Kenai Recreation Center -- $500,000.00 (State Funding Request) 6. Vehicle Storage Facility for Kenai Senior Center Vehicles -- $400,000.00 (State Funding Request) 7. Kenai Industrial Park Construction Phase II -- $500,000.00 (State Funding Request) 8. New Fee Shacks and Automated Pay Parking /Camping Systems (4) -- $225,000.00 (State Funding Request) • Kenai River Bluff Erosion Stabilization -- $24,000,000 (Federal Funding Request) • Kenai Old Town Pedistrian Walkway System -- $150,000 (State Funding Request) • Mommsen Subdivision, First Street Re- construction -- $470,000 (State Funding Request) • City of Kenai Turf Field Facility -- $4,000,000 (State Funding Request) • Public Safety Building, Renovate /Reconstruct Evidence Room /Safe -- $195,000(State Funding Request) • Public Safety Building, HVAC Improvements (State Funding Request) • Public Safety Building, replace Exterior Windows with Ballistic Windows -- $50,000 (State Funding Request) • Lower Kenai Drift Boat Pull -Out — Unknown — Greater than $3,500,000 (State & Federal Funding Request) • Kenai Spur Highway, Supplemental Appropriation -- $10,000,000 (State Funding Request) • Kenai Municipal Purpose Facility Locker Room Construction -- $125,000 (State Funding Request) • Kenai Community Library, New "Radio Frequency Identification (RFID)" System — Page 23 of 79 125,000 (State Funding Request) New Soccer Field, Visitors Center, and Leif Hanson Park Irrigation Systems -- $250,000 (State Funding Request) Bridge Access Road, Pedestrian Pathway -- $3,000,000 (State Funding Request) Inlet Woods Storm drain System -- $25,000 - $1,000,000 (State Funding Request) Ryan Tunseth, Director of the Boys and Girls Club thanked Council for including improvements to the Recreation Center on its list of priorities. Speaker Chenault advised the City to request the actual amount of funding needed for the Kenai Spur Highway instead of cutting the amount to complete half of the project. Speaker Chenault further cautioned about making a State priority a City priority. Council continued to discuss the list of priorities and Council Member Gabriel requested to have the River Feasibility Study added to the priority list. The work session was adjourned at 6:26 p.m. Notes prepared by: Sandra Modigh City Clerk Page 24 of 79 KENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 18, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 18, 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 Scott Bloom, City Attorney Sandra Modigh, City Clerk Corene Hall, Deputy City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Tim Navarre Brian Gabriel Mayor Porter read the following additions to the packet: ADD TO: D -1: Substitute Ordinance No. 2720 -2013 • Memorandum • Memorandum Requesting Amendments to the Substitute Ordinance D -3: Resolution No. 2013 -63 • Supporting Correspondence from Riverside Assisted Living Soldotna, Inc. Page 25 of 79 • Supporting Correspondence from Assisted Living Association of Alaska G -2: Purchase Orders Exceeding $15,000 • Substitute Memorandum from Public Works Director MOTION: Council Member Molloy MOVED to approve the agenda 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 Molloy SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, 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 Joseph Jolly, President of Kenai Senior Connection, Inc. — Donation of a New Meals on Wheels Van to the City of Kenai. Mr. Jolly reviewed the history of Meals on Wheels in Kenai, and presented the City of Kenai with a new van. A break was taken to go outside and view the new van, and for Mr. Jolly to present the Mayor with the keys to the new van. BREAK: 7:09 p.m. BACK TO ORDER: 7:21 p.m. C. UNSCHEDULED PUBLIC COMMENTS Page 26 of 79 Mayor Porter reported she and her husband purchased the winning mural from the Paint the Kenai competition and as a donation presented it to City Clerk Modigh to be displayed at City Hall. D. PUBLIC HEARINGS Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. • Substitute Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. T[oIILe] � F Vice Mayor Marquis MOVED to enact Ordinance No. 2720 -2013, Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend by Substitute Ordinance No. 2720 -2013, Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. Council Member Gabriel SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Vice Mayor Marquis MOVED to amend by: • Amend the 5th WHEREAS clause to read as follows: Northwest Contracting, Inc. dba Pacific Asphalt was low bidder and the FAA concurs and approves the award of the Airport Making Project to Northwest Contracting, Inc. dba Pacific Asphalt; and, • Amend the 6th WHEREAS clause to read as follows: the FAA has indicated that the entire project estimated at $278,366 will be eligible for reimbursement (93.75% FAA and 6.25% split between the State of Alaska Department of Transportation and the City of Kenai); and' • Amend the 7th WHEREAS clause to read as follows: Ordinance No. 2639 -2012 provides Airport funds in the amount of $20,000 for initial engineering and design which will satisfy the Airport's required match of $8,699 for acceptance of both the FAA and State of Alaska Department of Transportation grants. • Amend Section 2 to read as follows: That the City Manager is authorized to accept grants from the Federal Aviation Administration and the State of Alaska in the amounts of $260,968 and $8,699 for the Kenai Municipal Airport's Airfield Page 27 of 79 Marking Project and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. • Amend Section 3 to read as follows: That the estimated revenues and appropriations be increased as follows: Airport Improvement Capital Fund Increase Estimated Revenues: Federal Grant $260,968 State Grant 8.69 g $269,667 Increase Appropriations: Construction $269,667 VOTE ON AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Molloy, Marquis, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON SUBSTITUTE AS AMENDED: YEA: Boyle Bookey, Gabriel, Molloy, Marquis, Navarre, Porter NAY: PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter, Boyle NAY: PASSED UNANIMOUSLY. 2. Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2721 -2013, Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. Page 28 of 79 VOTE: YEA: Gabriel, Molloy, Marquis, Navarre, Porter, Boyle, Bookey NAY: PASSED UNANIMOUSLY. 3. Resolution No. 2013 -62 — Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -62, Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2013 -63 — Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. Council Member Molloy advised he might have a conflict of interest as he worked for some of the assisted living facilities in the community. City Attorney Bloom felt there was no conflict of interest and the Mayor concurred. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -63, Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing Sherry Mettler, Northern Lighthouse Assisted Living — Ms. Mettler spoke in favor of the resolution, requesting the addition of a hold harmless clause. (Clerk's Note: Council held a brief at ease at 7:41 p.m.) Cory Castagneto, Riverside Assisted Living — Mr. Castagneto spoke in favor of the resolution. Mayor Porter passed the gavel to Vice Mayor Marquis. Page 29 of 79 MOTION TO AMEND: Mayor Porter MOVED to amend Resolution No. 2013 -63 by inserting the following whereas clause after the existing 15`h whereas clauses: WHEREAS, the decrease in payment rates to private operators coupled with the increase in rates to state government owned providers creates an unfair competitive advantage in favor of the state in providing the same services that private industry can and is willing to provide; and,. Council Member Gabriel SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Section 1 by adding after "State of Alaska" "and require that the department default to the hold harmless rates of July 1, 2013." Council Member Boyle SECONDED the motion. With the concurrence of Boyle, Council Member Molloy withdrew his motion. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2013 -63 by adding a new section 2 and renumbering the remaining sections: Section 2. That the City of Kenai requires the department default to the hold harmless rates of July 1, 2013. Council Member Boyle SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Gabriel MOVED to amend by adding sponsorship of the Mayor and Council Members. Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. E. MINUTES 1. "Regular Meeting of September 4, 2013 2. "Work Session of September 10, 2013 All minutes and notes were approved by the consent agenda. Page 30 of 79 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by consent agenda. 3. *Action /Approval — 2013 Election Precinct Boards Approved by consent agenda. 4. *Action/ Approval —Easement to Homer Electric Association, Inc. for the purpose of Maintaining Underground Electrical Lines Situated Within Kenai Spit Subdivision According to Plat Number 89 -12, Section 33, Township 5 North, Range 11 West, Seward Meridian, Alaska. Approved by consent agenda. 5. Action /Approval — Mayoral Nomination and Council Confirmation of Applicant to the Parks & Recreation Commission. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of Noel Widmayer as a Parks and Recreation commissioner and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. *Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute. Introduced by consent agenda and public hearing set for October 2, 2013. 7. *Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City. Introduced by consent agenda and public hearing set for October 2, 2013. H. COMMISSION /COMMITTEE REPORTS Page 31 of 79 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be October 10, 2013. 2. Airport Commission — Council Member Gabriel had no report. 3. Harbor Commission — Council Member Molloy had no report. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey reported the commission met at Beaver Creek Park on October 9, then met in City Hall where there was no quorum. 6. Planning and Zoning Commission — Council Member Navarre reported on the September 11 meeting. 7. Beautification Committee — Mayor Porter noted the September 16 meeting did not have quorum. 8. Mini -Grant Steering Committee— Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported the following • Attended the Beaver Creek Park work session. • Welcomed White Crane Academy to the City. • Attended the Paint the Kenai Reception. • Thanked Vice Mayor Marquis for attending Brett Reid's Retirement Potluck in her place. • Attended the Food Bank Soup Supper. • Hosted six to seven people at Coffee with the Mayor. J. ADMINISTRATION REPORTS 1. City Manager— Koch reported the following: • Thanked the Council for the Capital Improvement Project List work session. • Inconsistencies in an article regarding the DOT work session were cleared up. • Finance Department would be hosting auditors next week. • He would be out of the office September 19 — October 2. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh reported Absentee in Person Voting was available Monday — Friday from 8:00 a.m. to 5:00 p.m. through election Day. K. ADDITIONAL PUBLIC COMMENT Page 32 of 79 1. Citizens Comments — None. 2. Council Comments MOTION: Navarre MOVED to fund up to 7 Planning and Zoning Commissioners to attend training in Anchorage in November and Council Member Gabriel SECONDED the motion. Navarre withdrew his motion with concurrence of the second. Navarre thanked the Senior Connection for the van donation and noted he would attend the September 19 ASAP meeting at no cost to the City. Gabriel thanked Administration for their work on the CIP work session and thanked the Senior Connection for the van donation. Bookey thanked the Senior Connection for the van donation; noted development of the trails; and, noted the Kenai Fire Department hosted a class recently on water rescue. Marquis thanked the Senior Connection for the van donation; thanked the members of the public that testified; and, thanked Molloy for bringing the resolution forward. Molloy thanked the council for their support of Resolution No. 2013 -63; thanked presenters for their comments, thanked the Senior Connection for the van donation; and, thanked Parks and Recreation Commissioner for her service on her retirement from the commission. Boyle echoed the thank yous of all the council members. L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:17 p. M. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Page 33 of 79 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 34 of 79 z 0 F- U LL F J U O U 0 M W p W N z N U W S m O o F- o 0 0 o .. o LL N O r u z w U. O w (0 2 J W U a 0 O L w n 0 w L w U) a m Z z z O ui w z (0 o f= � M N a O M p a U) O w J a a � z I- z a z } F Q F O U Ol w U Q d J O w r a z w o c) V 0 0 CL ck� a > > O w n 0 w p w U) a Z z z O ui O " m f= a_ a w w a CO O O m n 0 p w U) w z w a 1- Page 35 of 79 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 36 of 79 z G - 2 § § _ \ 0 ) L) § / ) $ a CL ) \ 0 ul w W \ \ / § & . ) )m R § \\ #§ § /\ k k 0 z W / § § ( z z 0 z S 2 \ § q � § � � § CD }2 § Ci § CN y a- z 20. za « 2 k § { w k § §i }2 k § §\ y a- z 20. za « 0 k k k k � \ / ) z »a § §i }2 § z §\ y a- z 20. za 0 k k �\ �\ § ) z »a & C } \ ( \ § I.- \\ }. u em «u « zCL z A Mr (G § § z a- 0 k k / ( § ) z " "Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII 1992 MEMO: TO: Gus Sandahl, Acting City Manager/i FROM: Robert J. Frates, Parks & Recreation Director DATE: September 25, 2013 SUBJECT: Purchase Order - Ice Rink Services Purpose of this correspondence is to advise you that I am recommending a purchase order in the amount of $45,000 to Ice Rink Services. They have provided ice maintenance at the ConocoPhillips /City of Kenai Multi- Purpose Facility in years past and have always maintained strict conformity with best practices and highest applicable standards. David Essert d /b /a Ice Rink Services, has requested a contract extension to end on September 30, 2014, instead of ending on September 30, 2013. Under the terms of the original Agreement, this would be Mr. Essert's final one year extension. The amendment to the Agreement would reflect a compensation rate increase for services rendered from $40 to $40.60. The purpose of this would be to compensate Ice Rink Services for Zamboni blade sharpening (7 total) throughout the ice season. The net increase would be $600 and sufficient monies are appropriated. MEMO* "V ilaye with a Past, C# with a Future" TO: Kenai City Council 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us FROM: Christine Cunningham, Assistant to City Manager!// THROUGH: Rick Koch, City Manager DATE: September 26, 2013 SUBJECT: Buccaneer Alaska Operations, LLC, Special Use Permit hen., t� PI.AmMwLY.I IIIIII 2011 The purpose of this memo is to provide additional information in support of the attached Special Use Permit to Buccaneer Alaska Operations, LLC (Buccaneer) for operation of a temporary Drilling Waste Storage Operation for the treatment and storage of drilling waste generated from the West Eagle #1 and Kenai Loop #2 -1 wells, as provided in the attached DEC Approval Letter dated September 24, 2013. Buccaneer currently has a Special Use Permit in effect for the same premises for the purpose of exploratory drilling. This Permit is scheduled to expire February 28, 2014. An application for a long -term lease for a Natural Gas Production Facility was approved by Council at its April 17, 2013 Council Meeting with the expectation that, once executed, it would supersede the existing Special Use Permit. Buccaneer anticipates that the use of the premises for operation of a Class II Injection Facility for the Storage /Disposal of Onsite and Offsite Materials will be a use throughout the term of the pending Lease. Accordingly, Buccaneer has amended its Lease Application to include this proposed use. Because this use varies significantly from the original proposed use, it requires review by the Planning & Zoning Commission for compliance with the City's Zoning Ordinance and the Comprehensive Plan. Administration has requested review of the Amended Lease Application by the Planning & Zoning Commission at its October 9, 2013 Meeting. Approval of the attached Special Use Permit will allow Buccaneer to begin its waste storage operations on a temporary basis while its Amended Lease Application is pending review. cc: Mark Landt, Buccaneer Alaska Operations, LLC Page 39 of 79 SPECIAL USE PERMIT THE CITY OF KENAI (City), a Home Rule Municipal Corporation, whose address is 210 Fidalgo Avenue, Kenai, Alaska, 99611 for the consideration, and pursuant to the conditions and requirements set forth below, hereby grants the right to use the Premises identified below for the purposes specified herein, to BUCCANEER ALASKA OPERATIONS, LLC, ( Permittee) whose address is: 952 Echo Lane, Suite 420, Houston, TX 77042: 1. Term. Permittee shall have a non - exclusive right to use the Premises consistent with this permit, to commence on October 3, 2013, and to end as follows: a. on September 24, 2014 (the date Permittee's Approval from the State of Alaska Department of Environmental Conservation (DEC) for the uses specified herein expires, (if such approval from DEC is extended it does not extend the term of this Permit); or b. upon execution of a lease between the City and Permittee for the same Premises and for a consistent use and purpose as provided in this Permit; or c. upon a material breach of the Permit by Permittee. 2. Premises. The Premises subject to this Permit is identified in Exhibit A, and is further described as: Lot 8, Kenai Industrial Park Subdivision 3. Use. The permitted use authorized by this Permit, (the City and Permittee recognize that there is separate Special Use Permit executed and effective between the parties for a different use on the same premises) is to construct, deconstruct, maintain and operate a temporary Drilling waste storage operation for the treatment and Storage of drilling waste generated from the West Eagle #1 and Kenai Loop 42 -1 wells, as provided in Exhibit B, (September 24, 2013 DEC Approval Letter for Permittee), Exhibit C, ( Permittee's Application for DEC Approval dated September 23, 2013), and Exhibit D, ( Permittees Facility Sampling Plan, dated September 24, 2013) all of which are attached hereto and fully incorporated herein. 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 pursuant to this Permit, 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, arrd local licenses, permits, certificates, and other documents required for its operations under the Permit and /or as described in Exhibit A, B, C and D. 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 Page 40 of 79 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 in Exhibits A,B,C, and D must be removed from the premises upon termination of the authorized use and purpose specified herein. Any improvements remaining after such authorized use has ceased, shall either become property of the City or be removed by the City, at the City's sole option. Permittee agrees to pay all reasonable removal costs incurred by the city within 30 days of being invoiced. 7. Permit Fees. Permittee shall pay as follows: a. a monthly fee of $1 until February 24, 2014, (his fee is based on the fact that the City has previously negotiated a rental rate of $1,333.33 a month with Permittee for the same premises under a separate permit that expires on February 28, 2014), and thereafter b. a monthly fee of $2,333.33 (eight percent of the fair market value as determined by the June 20, 2013 Summary Appraisal Report prepared by Derry and Associates), unless c. if a lease between the Parties is executed for a use and purpose that encompasses the use and purpose of this permit for the same Premises, and this Permit Expires as provided for in Section 1, above, the fees shall be paid through the lease as this permit will Terminate, if however a lease is executed between the Parties for a use and purpose that does not encompass this Permit, the Permit fees shall remain at $1 a month, as long as the lease rates are $2,333.33 a month or greater. 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 all applicable sales tax, (sales tax is not included in the fee rates) and to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided or as may become due otherwise, including but not 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 Page 41 of 79 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 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. Page 42 of 79 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. 12. Mutual Cancellation. This permit may be cancelled in whole or in part by either party 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 i relinquishment of the right to exercise such terms, conditions, or requirements. Page 43 of 79 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. 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 Operations, 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. Page 44 of 79 22. Survival. The obligations and duties of Permittee under paragraphs 9, 10, 11, 16 and 19 of this permit shall survive the cancellation, termination or expiration of this permit. CITY OF KENAI M Rick K. Koch City Manager BUCCANEER ALASKA OPERATIONS, LLC LE STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) Mark R. Landt Vice President, Permitting & Regulatory 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: Page 45 of 79 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this _ day of 2013, by Mark R. Landt, Vice President Vice President, Permitting & Regulatory, of Buccaneer Alaska Operations, LLC, an Alaska limited liability company, on behalf of the Company. Approved as to orm: Scott Bloom City Attorney Notary Public for Alaska My Commission Expires: Page 46 of 79 me fill p Q jig C a i A 99 ) R 8 5 132y. It �l )�f 9 •ip1A;Sl�' 2� e��'0� ° C{ 1�1 y ifft a s,. O' �1• {? N F� 9 <tt Iu�yJ� #f; i!f{ Ej 1�t' J]Fj�ppa)ErEr CrtY OF VENN IL ',;��, .. W �9Y1 �ec� ■lt ieNR11W 5FL'3pTpHR11W 9EC ]i1M k �in� ^i�E ®0 SEWNN MEgIWW WIq pF 5EC 1465E1K S}➢ 424 � I llyg'� OG $[CM iVg1 NlNCif • _ 1 _ y MIFR,R INM6W9SpNLNE1 —4— YEE 4'3l. —� w ___ —\ IKAMNIIMJMEI.IT F I r — — Ti.NYraT— sIWT[n.� — — — — — — — — LOT 7 i 7.5 Ac. @ WILLOWS 3'u.. °� 2.00 iA 3 AC_ d 1 2 � II L 7 AC. � t'p• •7.00 E31 it w I LO :� °q 17.019A :1.Hf A e5 I I �� r$ 's LO 16 a OT 4\ t 7.L10 . 1 H AC. .I 8a SI I 7.H59 AC. R In LOTS 1]g JO $ .373 AC. t. till ti : Ct p e I ; 3FtYPi �I I I I d DUI tiN Z.6HT 6C. I I �FaC o I J J 1 t 123 yN_ w QI ( I MYAIY[ — — �ruaue mv.e 0 pp 1917! I OT 11 �g J.04 AC.I� 33A I � I I I ,SRFnuxoE4o4wnn e1:COgREER I 1 ���. FLECIPICH E.IIUk /I $ , y IfENAIIWPkI Ppp i 1 'L( II LOT 9 7.665 AC. u t t \ I 2. B59 AC. 1, �II , w � — — _ d3lF o� EXHI13rr 8 uil' pap--L--a 1 ICI I Page 47 o THE STATE OfALASKA GOVERNOR SEAN PARNELL September 24, 2013 Mr. Mark R. Landt Buccaneer Alaska 952 Echo Lane, Suite 420 Houston, Tx 77042 Department of Environmental Subject: Buccaneer Kenai Loop #1 Pad Temporary Drilling Waste Treatment and Storage Dear Mr. Landt: Conservation DIVISION OF ENVIRONMENTAL HEALTIi Solid Waste Program 555 Cordova Sheet Anchorage, Alaska 99501 Phone: 907.269.7622 fax: 907269.7600 Certified Mall #7012 1010 0003 0989 9941 Retum Receipt Requested The Alaska Department of Environmental Conservation (ADEC) has reviewed The Buccaneer Alaska (Buccaneer) Temporary Drilling Waste Treatment and Storage plan, dated September 18, revisions dated September 23, 2013, and addition information submitted September 24, 2013. Buccaneer requests to store and treat Resource Conservation and Recovery Act (RCRA) exempt Exploration and Production waste (drilling waste) generated from oil and gas wells West Eagle #1 and Kenai Loop #2 -1. Project Description The project consists of drilling waste treatment and storage at :the Kenai Loop #1 pad in Kenai, Alaska. The drilling was will be treated by solidification using Pordand cement and sawdust. Drilling Waste will be treated in steel tanks, and stated in portable tanks or a lined cell. The solidified waste will be segregated in batches and sampled for Gasoline Range Organics (GRO), Diesel Range Organics (DRO), Benzene, Toluene, Ethylbenzene, and Xylenes (BTEX) prior to disposal. The solidified waste will be disposed at the Kenai Peninsula Borough Central Landfill in .. Soldoma, Alaska. Any waste that does not meet the conditions for disposal at Central Landfill must be disposed at a landfill permitted to accept the waste. Approval from the West Eagle #1 and Kenai Loop #2 -1 wells with the following stipulation: All drilling waste and the storage impoundment must be removed within one year of this approval. Buccaneer may apply for renewal of this approval for the facility for one additional year by submitting a request to ADEC no later than August 24, 2014. g � ' O-2 Page 48 of 79 Buchanect Kenai Loop #1 Treatment & Storage Reporting Requirements page 2 of 2 September 24, 2013 In order for ADEC to track the opening and closure of waste storage facilities, ADEC requires the following: • Provide ADEC with written notification of waste treatment and storage activities (email is acceptable) within 7 days after waste storage begins at the site. IfADEC has not received notice that storage bar begun at the site within oneyear of this approval date, the approval is withdrawn and we will close the file. • At closure, perform a visual site inspection to confirm the removal of all drilling waste. a Submit a site closure report to ADEC in writing (email is acceptable) within 7 days of closure. The closure report must include: • the total volume of drilling waste treated and stored • final drilling waste disposal locations • photographs showing the facility while it was in operation and after the facility was removed. This approval is not authorization to proceed. All approvals must be obtained from applicable local, state, and federal agencies prior to construction. Any person who disagrees with this decision may request an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340 or an informal review by the Division Director in accordance with 18 AAC 15.185. Informal review requests must be delivered to the Division Director, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage, Alaska, 99501 within 15 days of the permit decision. Adjudicatory hearing requests must be delivered to the Commissioner of the Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, Juneau, Alaska 99801, within 30 days of the permit decision. If a hearing is not requested within 30 days, the right to appeal is waived. More information regarding submitting a request for an informal review or adjudicatory hearing may be found at www.dec state.ak.usl commisbI ReviewGuidance.htm. Even if an adjudicatory heating has been requested and granted, all permit conditions remain in effect unless a stay has been granted. Please contact me at (907)- 269 -7622 or by email at 1or4a1drichOa1aska.62v if you have any comments or questions, and for notifications. Sincerely, Lori Aldrich Solid Waste Program Coordinator cc: Bob Britch AIMM Technologies, Inc. Page 49 of 79 September 23, 2013 Ms. Lori Aldrich Alaska Department of Environmental Conservation Division of Environmental Health Solid Waste Program 555 Cordova Street Anchorage, AK 99501 Buccaneer Alaska Operations, LLC Temporary Drilling Waste Treatment Facility Application Revisions Kenai Loop #1 Pad Kenai Area, Alaska Dear Ms. Aldrich: In response to your comments on our original application of September 18, 2013, we are making the following revisions to our application as follow: 1. Revised dimension of pit to reflect additional storage for winter operations and availability of 30 mil liner for larger solidification pit (Section (B)4 on Page 1 and Figure 5 on Page 8). 2. Revised to have a use of a 30 mil geomembrane liner for the solidification cell (Section C on Page 2) and use of a Cooley L1023DEP 30 mil liner (Page 10). 3. Revised berm height for solidification cell to a minimum of 24 inches instead of 18 inches (Figure 4 on Page 7). Should you have any questions, please call me (214) 738 -6945. You may also call Bob Britch at 240 -5830. Sincerely, ki, y1 Mark R. Landt Vice President, Permitting & Regulatory EXHW C11 Pap CK Page 50 of 79 Buccaneer Temporary Waste Treatment at Kenai Loop Pad #1 Specific Information Required by 18 AAC 60.430(a)(1) (A) Contact: The name, address, phone number, and affiliation of persons responsible for conducting the treatment and disposal operations is: Andy Rike, Executive Vice President Buccaneer Alaska Operations, LLC 952 Echo Lane, Suite 420 Houston, Texas 77024 (281) 768 -7650 (work) (713) 703 -5157 (cell) (832) 201 -7495 (fax) Or: Bob Lenhart, Drilling Manager Buccaneer Alaska Operations, LLC 215 Fidalgo Avenue, Suite 100 Kenai, Alaska 99611 (713) 818 -6260 (cell) (B) Location and Type of Storage Container All temporary treatment activities will occur on Buccaneer's Kenai Loop #1 Pad located east of Kenai as shown on Figure 1 and 2. The pad is located on a bermed gravel pad about 4 acres in area and surrounded by a 6 foot high fence. The pad currently includes 3 natural gas wells, one Class II disposal well, and natural gas production facilities to handle the produced natural gas. The site is on land leased by Buccaneer from the City of Kenai. The proposed operations will be contained in an area about 100 by 200 feet on the north side of the pad. The operations will include the following components: 1. Drilling waste receiving and mixing tanks. There will be two open topped welded steel tanks each 8 ft wide, 20 ft long, and 7 ft high. The tanks will be buried about 6 ft into the ground, and they will be inspected before and after placement in the ground for cracks or other damage. Tank trucks carrying drilling wastes will back up to the receiving tanks and discharge wastes into the tanks. 2. Mixing operations. Process of wastes will include addition of Portland cement and sawdust into the two tanks described above to initiate a solidification process for the waste materials. Actual mixing will be accomplished using an excavator placed between the two buried tanks. The excavator will typically be a Hitachi EX 200 or equivalent. 3. Contingency storage tanks. Up to four 400 to 500 bbl portable tanks will be available onsite for contingency storage in case both receiving /mixing tanks are full. Given the anticipated travel times, from the drilling locations sites, it is believed that only two tanks would be needed onsite with an additional two tanks available on standby. 4. Solidification cell. Once the waste materials have been adequately mixed with sawdust and Portland cement, materials will be transferred to a solidification cell located near the receiving /mixing tanks using a front end loader with bucket (Cat 966 or equivalent). The cell will be about 65 by 70 feet (preliminary inside dimensions and possibly slightly larger for winter operations) and constructed the existing gravel pad and will have a gravel Revised 9/23/13 Page 51 of 79 EXHIBrr L Pegg Z Ott berm, geotextile layers, an impermeable geomembrane, and a covering to protect the geomembrane from damage from equipment operation in the cell (the covering is planned to be EnvioGrid with provides a 6 inch barrier). The solidification cell may alternatively be excavated about a foot into the existing pad which consists for pit run gravel (underlying native soils are clean sands. The excavated gravel could be used for the berm construction. Specifications for the proposed geotextiles, geomembranes, and protective cover are attached at the end of this section. The overall configuration of the facility is shown on Figure 3. (C) Plans and Material Specifications for Containment. As shown on the attached diagrams (Figures 4 and 5). Containment will be required for all facility components and are discussed below: Tanks: The two primary receiving /mixing tanks are owned by AIMM. All other tanks will be obtained through other vendors, notably Rain for Rent in Kenai. Prior to tank use, they will be visually inspected to ensure that they are leak- proof. During on site storage operations, the tanks will be routinely pumped in order to maintain a freeboard in the tanks of at least 2 feet; fluids removed will be put in either the receiving /mixing tanks or in the contingency tanks. Solidification Cell: The cell will be constructed with a single primary liner underlain and overlain with layers of 12 oz non -woven geotextile. The primary liner will be a hydrocarbon compatible, 30 mil flexible geomembrane freeze stable to minus 60° F. The surface of the cell will be covered with 6" EnviroGrid. The lattice of the EnviroGrid will be filled with gravel or solidified drilling waste to provide a protective layer above the primary liner and allow equipment access in and out of the cell. Solidifying solids are maintained in the cell until samples taken of the processed wastes are analyzed and found to be suitable for disposal in the Central Peninsula Landfill or, when permitted and constructed, to AIMM's monofill. Buccaneer is still in the process of confirming construction materials specified above. If the indicated material is not available within the time constraints, equivalent materials may be substituted with prior approval of ADEC. (D) Methods to Prevent Drilling Waste Spills Care will be taken when transferring drill cuttings from the drilling rig to the holding tanks to the vacuum truck. Methods to be used to prevent the discharge of drilling waste leachate to the land or water of the state. The cell is designed so that all fluids will collect along one side of the lined cell. The cell will only receive solidified drilling waste, so accumulated water will be limited to precipitation. This water will be pumped as necessary to ensure that two feet of free board will be maintained at all times. This will prevent discharge to the land or waters of the State. (E) Disposal Location for Drilling Effluents Buccaneer will subcontract facility construction, handling and disposal of the drilling effluents to AIMM Technologies, Inc. (AIMM). AIMM will be providing project management, equipment, sampling, and processing of drilling liquids and solids for ultimate disposal in accordance with all local, state, and federal regulations. Once solidified the material have solidified, samples will be taken for analysis at an independent lab and verified to determine acceptability at the landfill. Upon acceptance by the landfill the EXHIBIT Revised 9/23/13 2 - - -- �ge Page 52 of 79 material will be loaded into side dump trailers and transported to the landfill with a copy of disposal approval. Drilling wastes will be hauled to the Kenai Peninsula Landfill in Soldotna, Alaska for disposal. The address for the facility is: Borough of Kenai Peninsula Solid Waste Dept: Soldotna Landfill 46915 Sterling Highway, Soldotna, AK 99669 (907) 262 -9423 We will be contacting Lanie Hughes is the Solid Waste Disposal Manager in connection with this project. She can be reached at the following location /telephone. Solid Waste Department Kenai Peninsula Borough 47140 East Poppy Lane Soldotna, Alaska 99669 (907) 262 -9667 Buccaneer is also in the process of modifying a permitted Class If disposal well also located on the Kenai Loop #1 Pad. If the well modifications are completed in time, it may be possible to dispose of some fluids. Processing cuttings may require additional permitting of waste treatment operations with ADEC prior to disposal of solids. (F) Reporting and Recordkeeping Drilling operations at the site are tentatively scheduled to occur between about late September through December of 2013. Drilling wastes will be transported as it is generated to the disposal locations indicated above. Buccaneer will conduct a visual site inspection and will provide ADEC written notification documenting the operations in accordance with 18 AAC 60.430(3)(A) and (B). Buccaneer will keep thorough records of all materials handled in the facility including sample was taken and analytical sample data obtained by AIMM. (G) Certification statement I hereby certify that I am familiar with the requirements of 18 AAC 60 with regards to handling drilling mud and cuttings, and hereby certify that all waste will be removed from the onshore drilling locations and properly disposed of at approved facilities with one year of completing the proposed drilling operations. hdi a4- Mark Landt Vice President, Permitting & Regulatory Revised 9/23/13 September 23, 2013 Date Page 53 of 79 EXsdiCifi pap -� 17 i Yy J12 9, `13 13 +n L 4 .19i 20.,. t. * 5 23 `1y30 1 1 > 1 1 0 $'30 r r Trip \4 r -R� d1i Scale 0 l 2 3 L Base Maps: USGS Kenai C -3 & C -5 Figure 1. Location Map for the Kenai Loop #1 Pad. Revised 9/23113 4 Page 54 of 79 E Hi 'rY 6 Page C NORTH CITY O KENAI KENAI IN US TRIAL SCALE PARK SU DIVISION UNDER DE ELOPMENT SEC 33 *N R11 W s%%eE68Q } o,, •p3,.� /� "!��, � . — ` __ _�.41' ilk _ V ��i�• C�1J.GEF 'I Al"ATHON ROAD SW A __Treatment AceaL'Dnllmg Rig KL NO is-to be I BUCCANEER 1 �" p � KENAI LOOP PAD Removed) 1 cc i • •WELL WELL u0. } + • D I. iKL H0.2 KL Na .+ ♦••: •�• rFC -aw -, F �l 9� 0 OiLLLLING P / �� y Q� I • iJ I 1 CITY OF KENAI BARON PARK SUBD. i! 2012 ADDN. KN 2012,89 .o- r i 952 ECHO LANE KENAI LOOP NO. 14 WELL w..a......v SUITE 420 GLACIER RIG DIVERTER LINE DETAIL HOUSTON. TX 77024 nmr•�.o w sx..Yr..vnn.o....ue , anu: wv.w . SEC. 33 T6N R1 1W rn YOQ �iOVV .Y.IIOIfFVA: SEWARD MERIDIAN. ALASKA °` 1 Figure 2. Kenai Loop #1 Pad Layout with Location of Temporary Waste Treatment Facility Indicated. Revised 9/23/13 5 PW L LO Oi- - -- Page 55 of 79 z l o � a 0 3 } J V Q LL H 2 W Q � W W Y % W W ESP :)r > LL og O W q LL 2 Q W Y � O < U o N N co _c U U) O O Z y Revised 9123/13 6 — OL- 13— Page 56 of 79 r� 1 i i Ix n I I W �1 ii o s WW �o LL_ is O J O rn 5 5 a w Q W < Y 3� pp5� 6 6h m m N l6 _ U O a Z Revised 9/23/13 7 •';y'i'r L Page 57 of 79��. 4,�u <g 3 Nu WO U Revised 9/23/13 7 •';y'i'r L Page 57 of 79��. 4,�u a s I � i W o Z w - O N _ I L V m LL a m D J z Co 0 a y W LU q H N N O Q rc v U' � v LL f� 0 U) O V W N N 0 V m U O O Z Revised 9/23/13 8 Page 58 of 79 ACKESTINC. The Nortimest's Largest Inventory of Geosynthebcs Revised 9/23113 For more mformabon or to place an order. Please Contact us OREGON: Portland 5X3- 771 -5115 l Medford 541-608 -1648 WASHINGTON: Woodinville 425-415-6115 Fife 253- 922 -&641 UTAH: Salt Lake City 801 - 521 -5141 PRODUCT DATA SHEET GEOTEXB1201 GEOM 1201 is a polypropylene, staple fiber, needlepunched nonwoven geotextile produced by Propex and will moot the following Minimum Average Roll Values (MARV) when tested in accordance with the methods listed below. The fibers are needled to form a stable network that retains dimensional stability relative to each other- The geotextile is resistant to uhraviolet degradation and to biological and chemical environments normally found in soils. GEOTEX 3201 conforms to the property values listed below.' Propex performs Internal Manufacturing Quality Control (MQC) tests that have been accredited by the Geasynthatle Accreditation Institute - Laboretory Accreditation Program (GAI -LAP). PROPERTY MARW > O Machanloal Terolb fauengLth (Qmb) ASIM D46= 1 300 9R am q Ekiegistion A511111 D•e694 I 5091 Punchae ASM 04833 175 Ws I T79 N Burst ASTIA D3786 590 pal 1 3999 kPa re ear 633 119 me 1 512 Al Endurance W ReYWnce AS1M Hydraulic Apparent Opening Sim (ADS)' ASIM D4751 100 OS S10. Sore 0160 mm 91 7-O ease 1A Saci Rate tOaN Nm+ ROISZFlow 16ftx3wn I 437mxlii5m seek x * r' wa.. 1�n. .r.rwa,ra6'aoirw.tiuee.x.a...,m a, a a ®,•�,r.r. �R�O�E I THE ADVANTAGE CREATORS' P'o45 Lee Highway. Soire 275 PH: 800 ail 1473 pea PH: 323 699 1273 �I1 60 PO Boa 77788 TAX: 143 899 7619 GEOSYNTHEM Chattanooga. TN 37422 www.PraPaalee.Lael 9I" Page 59 of 79 V owooe R.oea ac PRODUCT SPECIFICATION L1023DEP 1.0 BASE FABRIC 1.1 Base Fabric Weight 5 oVyd2 170 g/m' 1.2 Fiber/ Style Polyester / Knit 2.0 COATED FABRIC 2.1 Total Weight 23 t2 oz/yd2 778 367 g /m' 2.2 Thickness 30 35 mils 0.76 30.13 mm 2.3 Coating Type Urethane 2.4 Coating Distribution 60/40 2.5 Sealing Properties 0 Dielectric 0 Thermal TEST METHODS 3.0 MATERIAL PROPEPTIES Slandal'd \fehit Fed.Std /191A ASTM 3.1 Tensile Strength. Grab Warp 350 Ibs 1,560 N 5100 D751 -A Fill 300 Ibs 1.330 N 3.2 Tensile Strength, 1- Strip Warp 240 Ibs 1,070 N 5102 D751 -B Fill 200 Ibs 890 N 3.3 Tear Strength, Tongue Warp 160 Ibs 710 N 5134 D751 -8 Fill 160 Ibs 710 N 3.4 Puncture. Screwdriver 75 Ibs 335 N 5120 D751 3.5 Puncture. Ball 500 Ibs 2,220 N 5120 D751 3.6 Hydrostatic Resistance 400 psi 2.8 MPa 5512 D751 -A 3.7 Ply Adhesion 35 ibsl2in 155 kg/5 cm D751 3.8 Adhesion RF 35 Ibsiin 60 kg /cm D751 3.9 Adhesion Thermal 35 Ibslin 60 kg /cm D751 3.10 Low Temp -65 `F -54 °C D2136 3.11 High Temp, ConVlnterm. 1601180 °F 71/62 °C D1204 3.12 Abrasion Resistance 3.500 cycles 3.500 cycles D38B4 (wheel H181 1 kg) Enclosed inlorrnation supplied by Cooley Engineered Membranes and is considered accurate as of 06IM5 However, No Wanamy is expressed or implied regarding the accuracy or this data, the resuns obtained from the use tnereor, or that any such use tail/ not Infringe upon any patent This lalormarion is rumistied upon the condition that the person receiving it snail evatuare its suitability low the specipc oppllcahon. Page 1 of I Revised 9/23/13 10t! L_ --__ -- Page 60 of 79 w I A am AM EnviroGrid Cellular Confinement An efficient and cost - effective solution for confining materials in: IN • Slope Erosion Protection Revised 9/23/13 • Ground Stabilization • Channel Protection • Vertical Walls 1'nI Page 61 of 79 2 0 F V W 0 a J 3J 7 W Z Z Q L) .E8��33g o 88 o F 0 F fi:.c 3� -0 ob � nsgeoxZaefi a e`� SsW e fi 0. M �?i_mW�Cee Revised 9/23/13 R T3 Es 0 4$ 0 3 !� yy , a1 7, F 0 Q N ® m o few= a Yc a'c c w� c _ — °oWe F�p all_ U Oq C .0 ypp 4 5Xq fi WC p .C�i F V !gJ£t C Q g'F k?S3 Pe' SE x 7, 33 R a +[ !s FFFFFF w � V 12_ Page 62 of 79 i 4 J j1 ENWROGRID PROPERTIES MATERIAL The paly: used to manufacture EmiroGrid shoe be virgin, nanahomaly degraded high-density poly- ethylene. The Emirovna strips shall conform to the fobMng rewitoments: PROPERTY TEST METHOD TYPICAL VALUE Poymw Donsiy ASTM DL 1505 .9A1 - .9609/cc minimum Strip Thkknoss ASTM DS 199 1.25 mm t 5% Carbon Bbrl Content ASTM DL 1603 1.5% minimum by weight Environmental Stress Crock Resistance ASTM D0693 3000 hn. minimum SEAM STRMTH Peel Strength - 8016. (357 N) per inch of call depth per U. S. Army Coips of Esgirwers, Tedviiml Report GL-S& 19- A Report, Appwdix A. Seom Hong Strength - A 102 mm (d.0 in.) weld joint supporting a load of 72.5 kg (1 60 fbs.) for 3o days minimum or a 102 mm 1d.2 in.) vmW joint supporting a load of 72.5 kg 1160 fix) for 7 days mk*num whit undergoing temperature change Gan 2300 (7AO9 to SeC (130'9 on a 1 four cycb. ASSEMBLY: Emimgrid is mmxt6odwed in Ihreo cel sins r z.� Katl.fc. .r l W. m� ia. K.ORnt�atJW Envioorid ponats can be provided in ad heights of 2" (50 mm), 3" (75 mm), 4' (11 OD mm), 6" 1150 mml and 8' (200 mml. Standard pawls ore constructed of 58 drips with the dimensions above. Custom sins and colors ore available. Avoiloble in solid or perforated cell wal. I � cor. eo Product ovally Srsiem is re¢s!ered to iso goo 1:2000 •J� Revised 9/23/13 Dcn Geo Products, LLC 8615 Golden Spike lane t Houston, Texas 77086 281.820 5493 • Fox 281.820.5499 800.434.4743 g www.geoproducts.org im lad..a omw4n nt ey.mb. 0.4 m a �baralsi M qd, < 13 SXHl3i+ r faaSe__L "'g —� -7 Page 63 of 79 ACUREN INSPECTION REPORT To: Tony Fox/Jeff Deese DATE: July 27"', 2007 AIMM Technologies LOCATION: Kenai, Alaska PROJECT: Tank Inspection ATTENTION: Tony /Jeff ACCEPTANCE STANDARD: API 653 V ED ITEM INSPECTED: Service Unknown -No Tank Number Present EQUIPMENT M Tank # Unknown TYPE of INSPECTION: AN 653 Inspection ( Used as a guideline where applicable) 1.0 INTRODUCTION: An out -0f - service inspection was requested on a Tank owned by AIMM Technologies, Kenai, Alaska on July27 W4 2006. Inspection was performed at AIMM in Kenai. This inspection was performed using API 653 Tank Inspection, Repair, Alteration, and Reconstruction V Edition as a guideline for inspection. It is unknown if this tank was built to a tank fabrication standard. It is also unknown when this tank was built . No construction drawings or prior inre0tion reports were available. API 653 3 edition was used as a guideline for inspection. Tank # 2 shown below in Figure 1, is supported on a steel frame. The steel frame is welded directly to the tank. A name plate showing the dale of manufacture and a construction company is not present. Revised 9/23/13 Existing Tank Data: Capacity: Diameter. Length, Floor Plate Thickness: Shell Plate Thickness: Roof Plate Thickness: Manufacture date: Construction Standard: No Nameplate Present 400 Bbl. (Estimated) N/A 30 Feel (Estimated) .275' nom. as measured .250' nom. as measured No roof exists Unknown Unknown C__ I Aivn r2 14 ExHie ;- Page_! � O —7 -- Page 64 of 79 ACUREN To: Tony Fox/Jeff Deese AIMM Technologies ATTENTION: Tony /Jeff INSPECTION REPORT DATE: July 27r", 2007 LOCAnoN: Kenai, Alaska PROJECT: Tank Inspection ACCEPTANCE STANDARD: API 653 3" ED ITEU INSPECTED: Service Unknown -No Tank Number Present EQUIPMENT*: Tank k Unknown TYPE of INSPECTION: API 653 Inspection ( Used as a guideline where applicable) 1.0 INTRODUCTION: An out -of- service Inspection was requested on a Tank owned by AIMM Technologies, Kenai, Alaska on July27 24', 2006. Inspection was performed at AIMM in Kenai. This Inspection was performed using API 653 Tank Inspection, Repair, Alteration, and Reconstruction 3'd Edition as a guideline for inspection. It is unknown if this tank was built to a tank fabrication standard. It is also unknown when this tank was built. No construction drawings or prior iTXecl)on reports were available. API 653 3 edition was used as a guideline for inspection. Tank it 1 shown below in Figure 1, is supported on a steel frame. The steel frame is welded directly to the tank. A name plate showing the date of manufacture and a construction company Is not present. Revised 9/23/13 Existing Tank Data: Capacity: Diameter: Length: Floor Plate Thickness: Shell Plate Thickness: Roof Plate Thickness: Manufacture date: Construction Standard No Nameplate Present 400 Bbl. (Estimated) WA 30 Feet (Estimated) .275' nom. as measured .250' nom. as measured No roof exists Unknown Unknown 15 E'XMt?t3_ Page _5 1 Page 65 of 79 Rain for Rent Or tllaGErt fi!,_it.t:._.fwttl €srftr l Pumps. Tanks and Flltradon Rentals RWIoarn"Ift Fret m saa and CmVinan faela,syreM Fnen tatroy aaalaeerllman a xhwsePamm� PO. H AAAn.wn ttpiCplaarMn, Ta ie. skNa" "Imeensusne6nNe rndsas6ons fl++wnnul lc loN ReYeO buns lennsrn ror p n saaeena mr Tala spa CMMMAI rwalen saran Boaelaru IV lap Aalaeey a,larrnathr, a0ua t0 oe tauaoro ee.eenw m gueaa,la•r PoNI Cu'aMr lap+ Revised 9/23/13 l:asD.rat.It.10 h.a.,.,.. L.:•.. •r, i , .•+v.. «,.A ... 1 ruvwv Lyu 21,000 Gallon Steel Manifold Tank Men InbmlMbn: falsMet awa V.n*" clan Features • fotelly endmedlank • Compkve guardrail system • Craver etvk inlm al having • Wick Klein 'v' Awd Moor • FJfv to move • Optional epoxy Coated interim • Opdonal bummer union nasnifold, Information WORKSAFEei marifdd noel tad's tova a •v" shaped Moor vdidi 2110AS any rasM.n fkdd n the tall to be easiy ftaxhod out of the floor level 44 buttedh valves, op[wnal Memel epoxy doetmp offm addixxi d annex, reOattrrce over nee, tanks Whh the added benefit of elminatM,B rust sole. The tanks we wpphed "h an iltemal kiI mhirg Ore and w 8' Ootfide valve mMICIld Anil, }Oar 4. whets, The integral tlurvvng gw vion s fm easy tnmpmt and mpvealnt of tank. Materials Specifications TAe 4' bultrrfy valves looted at Who, and of the "v" shaped tied. Permananty cited" bodes fm maenwn maneuverability. Guard rav system on the roof of the tavi wth optional gap c1n,t ladder rungs. Pmtw seal hanoni union on the manifold. TM 18" s'aoor tight a m hatches. Weight n 19.900 bs. 1 I preeuats I saMbom I CamFMy Ho. I Contact W t:opnlenl m rote. Wbalpa oirAbn Msapy Ceneay aea ReO tar w,l. M Rpb fkerrW 16 Page 66 of 79 BUCCANEER ALASKA OPERATIONS, LLC Kenai Loop Pad #1 Temporary Waste Treatment Facility BUCVtq A Sampling Plan 1. Background This policy is to be used as a guideline for sampling protocols associated with disposal of drilling wastes at the Kenai Peninsula Borough Central Peninsula Landfill (KPB Landfill). Wastes involved are specifically associated with drilling activities performed by Buccaneer Alaska Operations, LLC (Buccaneer) from oil and gas wells at the Kenai Loop Pad #2 and at the West Eagle Pad on the Kenai Peninsula. The procedures and policies are consistent with the KPB protocols used at their Landfill. These procedures are as outlined in KPB's Special Waste Disposal Policy for their Central Peninula Landfill as revised on August 19, 2013. The KPB landfill will not accept the following materials 1. Special wastes or other solid waste generated outside the Kenai Peninsula Borough. 2. Special wastes or other solid waste in any quantity that exhibits hazardous waste characteristics for ignitability, corrosivity, reactivity or toxicity, or contains listed hazardous waste, or substances that could be classed as a hazardous waste, at levels that exceed those as defined by the US Environmental Protection Agency ( USEPA) or the Alaska Department of Environmental Conservation (ADEC). 3. Special wastes or other solid waste that contains concentrations of Polychlorinated Biphenyls (PCB) greater than 10 mg /Kg. 4. Special wastes or other solid waste that contains free liquids as defined by USEPA Paint Filter Test, including petroleum products, chemicals or water. Drilling wastes that will be processed and disposed of at the KPB Landfill will acceptable for disposal under the above criteria as long as they meet analytical requirements as outlined in following sections. Buccaneer will use the services of AIMM Technologies, Inc. (AIMM) of Kenai Alaska to implement this Sampling Plan. tea ��: • R. Britch 1 9/24/2013 Page 67 of 79 2. Sample Collection Samples of the treated wastes are collected at a point when the materials are of the general consistency of unconsolidated dirt. The number of samples collected is dependent on the requirements for the KPB Landfill as indicated in Table 1. The number of samples will be determined based on the estimated tonnage of materials ready for sending to the KPB Landfill an materials will be sent until the weight limit as measured at the KPB Landfill is either reached or when all sampled material has been hauled for disposal. If there is excess materials at the solidification cell (e.g. -the maximum weight for the number of samples has been reached, then additional sampling may be required to cover the additional weight of materials. Table 1. Number of Samples Required. Tons of Waste Minimum Number of Samples* 0-80 1 81-160 2 161 -400 3 401 -600 4 601 -800 5 801 1200 6 1201 -1600 7 1601 .2000 8 2001 -2500 9 2501 -3200 10 >3200 10 +1 for each additional 800 tons *The Borough on a case -by -case basis may approve fewer samples All samples will be grab samples from the pile of materials ready for disposal. Samples are obtained at different location in order to get discrete samples from the materials ready for disposal. Samples taken from depths of 2 to 12 inches of the surface of the pile at the sampling point and are placed in clean '/1 pint glass jars provided by the analytical lab. After collection and labeling, the samples are placed in refrigerated coolers and transferred to the analytical lab. Proper Chain -of- Custody documentation is used to track the handling of the samples. Proper Chain -of- Custody documentation is used to track the handling of the samples. R. Britch 2 9/24/2013 Page 68 of 79 3. Sample Analysis Per the Landfill protocols, Buccaneer's wastes will be acceptable for disposal at the Landfill provided the material is not prohibited as in Section 1 above and the following limits are not exceeded: Table 2. Analytical Methods and Acceptable Limit for Disposal at the KPB Landfill. All analytical work will be done by Test America Laboratories, Inc. in Anchorage, Alaska. 4. Additional Documentation and Protocols For special waste or other solid waste, the following must be submitted in writing prior to KPB Landfill prior to acceptance: A description of the site or facility where the waste was generated, the source and type of the waste material, the estimate of the total quantity (tonnage) of materials to be disposed and the location of samples collected. 2. Results of laboratory analysis for each representative sample taken. All lab analyses must be in accordance with the specified USEPA Test methods for all relevant contaminants. 3. Type, quantity and major components of the contaminated products involved. 4. Material Safety Data Sheets (MSDS) on all suspected chemical products for special waste or other solid waste associated with chemicals other than petroleum products. 5. The proposed /desired date for disposal of the materials; EXA;01T— R. Britch 3 - -3 — 3 9124/2013 Page 62 of 68 Acceptable Limit for Parameter Test Method Disposal Gasoline Range Organics Alaska Test Method AK 0 <500 mg /Kg (GRO) Diesel Range Organics (DRO) Alaska Test Method AK102 <1000 mg /Kg Total Benzene, Toluene, EPA 8020 <50 mg /Kg Ethylbenzene and Xylene (BTEX) All analytical work will be done by Test America Laboratories, Inc. in Anchorage, Alaska. 4. Additional Documentation and Protocols For special waste or other solid waste, the following must be submitted in writing prior to KPB Landfill prior to acceptance: A description of the site or facility where the waste was generated, the source and type of the waste material, the estimate of the total quantity (tonnage) of materials to be disposed and the location of samples collected. 2. Results of laboratory analysis for each representative sample taken. All lab analyses must be in accordance with the specified USEPA Test methods for all relevant contaminants. 3. Type, quantity and major components of the contaminated products involved. 4. Material Safety Data Sheets (MSDS) on all suspected chemical products for special waste or other solid waste associated with chemicals other than petroleum products. 5. The proposed /desired date for disposal of the materials; EXA;01T— R. Britch 3 - -3 — 3 9124/2013 Page 62 of 68 THIS PAGE IS INTENTIONALLY LEFT BLANK WW "Villaae with a Past City with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 1111 1992 TO: Sandra Modigh, City Clerk = FROM: Nancy Carver, Acting City Planner,! DATE: September 19, 2013 �\Jl SUBJECT: Planning Commission Training The Alaska Chapter of the American Planning Association is sponsoring a conference in Anchorage this fall. The conference is scheduled for November 17 — 19, 2013, at the Hotel Captain Cook. The Commission discussed the training opportunity at their meeting on September 11th". At this time, all Commissioners are interested in attending. Because the hotel rooms go so quickly, I have tentatively reserved the appropriate amount of rooms. The entire APA Conference schedule is not available yet, but they have scheduled the Planning Commissioner training on Sunday, November 17th, from 9:00 am - 5:00 pm. This would allow Commissioners an option of going for just the Sunday training and not the remainder of the conference. In previous years Council has provided funding for the Planning Commissioners to attend this annual training event. Currently there are two Commissioners who have never attended the Alaska APA Conference. The estimated cost per Commissioner is approximately $1,001.50, for a total cost of $7, 010.50. Last year Council provided $7,092.24 for Commissioners to attend this training. The Commission would like to request funds from Council to attend the training. Page 63 of 68 "V llaye with a fast, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager 11 . From: Terry Eubank, Finance Director Date: September 26, 2013 Re: Available budget to support planning commission training and options for additional funding. The purpose of this memo is to provide the available budget to send planning commissioners to the upcoming November, APA training in Anchorage. The FY14 Budget was adopted with $11,200 for legislative travel. Year to date expenditures are $2,579.65, current encumbrances are $200.00 leaving available budget of $8,420.35. Based upon the Acting City Planner's estimate, the cost of providing training to the Planning Commission will be $7,010.50, and there is sufficient budget available at this time to cover this cost. Should the remaining $1,409.85 be insufficient for estimated/actual Council travel for the remainder of FYI 4, additional funding can be provided by either budget revision or through supplemental appropriation. Budget revisions, movement of already approved budget from one account to another, of less than $5,000.00, within the same fund, may be approved by the City Manager. Any budget revision in excess of $5,000.00 requires Council approval via resolution. Supplemental appropriation, the creation of new budget, will require passage of an Ordinance by Council. Page 64 of 68 s Suggested by: Administration CITY OF KENAI NO. 2724 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING AND APPROPRIATING FUNDS FORFEITED TO THE KENAI POLICE DEPARTMENT. WHEREAS, the Kenai Police Department has received notice from the Court authorizing the forfeiture to the Kenai Police Department of $4,314.75 in drug seizure cash; and, WHEREAS, the cash was seized during a drug investigation, in which the Kenai Police Department was the investigating agency; and, WHEREAS, in the summer of 2013 the Kenai Police Department received an asset forfeiture equitable sharing check in the amount of $12.51from the Alaska State Troopers, Statewide Drug Enforcement Unit; and, WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeiture funds to purchase training and investigative equipment for the department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept the forfeited funds in the amounts of $4,327.26 for and to expend the forfeited funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeitures Increase Appropriations: Police - Small Tools New Text Underlined; [DELETED TEXT BRACKETED] Page 65 of 68 $4,327.26 $4,327.26 Ordinance No. 2724 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7. PAT PORTER, MAYOR Introduced: October 2nd, 2013 Adopted: October 16th, 2013 Effective: October 16th, 2013 New Text Underlined; [DELETED TEXT BRACKETED Page 66 of 68 j "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 xiiiw Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111 - 1992 thr e. KENAL ALASKA MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief/4� DATE: 9/24/13 SUBJECT: Request ordinance appropriating asset forfeiture funds. The City of Kenai currently holds $4,314.75 in investigative seizure money. In May of 2013 the Kenai Court ordered the forfeiture of $4,314.75 to the "City of Kenai Police Department." The forfeiture is the result of a drug investigation in which the Kenai Police Department was the investigating agency. The City of Kenai also holds $12.51 from an asset forfeiture equitable sharing check that the Alaska State Troopers, Statewide Drug Enforcement Unit provided to the Kenai Police Department in the summer of 2013. Seizure Checks needing appropriation: $4,314.75 and $12.51 — Total $4,327.26 I am requesting an ordinance appropriating $4,327.26 into the general fund, police small tools account so the police department can purchase unbudgeted training and investigative equipment. Page 67 of 68 THIS PAGE IS INTENTIONALLY LEFT BLANK KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 16, 2013 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR CONNIE JUNG, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Jung called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Members present: Chair C. Jung, L. Gabriel, H. Tuttle Members absent: T. Canady, V. Pierce, P. Baxter, S. Lovett Staff /Council Liaison present: Parks and Recreation Director B.Frates, Mayor P. Porter No quorum was present. 2. AGENDAAPPROVAL 3. APPROVAL OF MEETING SUMMARY— May 14, 2013 4. PERSONS SCHEDULED TO BE HEARD — None. 5. UNFINISHED BUSINESS — None. 6. NEW BUSINESS a. 2013 Flowerbed Review 7. REPORTS a. Parks & Recreation Director b. Committee Chair C. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION —October 8, 2013 9. COMMITTEE MEMBER QUESTIONS AND COMMENTS 10. PERSONS NOT SCHEDULED TO BE HEARD 11. INFORMATION 12. ADJOURNMENT Due to lack of quorum, the meeting was adjourned at 7:05 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk Page 68 of 68 THIS PAGE IS INTENTIONALLY LEFT BLANK k k « / - / \ J / \ - / 7 / G 0/< k ( ( \ z e z ± \ 3 ° < - LL} } y ( m - } = z co k ( 2/ ( m / 3 0 / \ ( § ° < f j< } R z & z ) } ( \ } { $ k 2 -j § C B k \ } s / ( I 2 \ \ & < ( \ \ = / § < ) o \ § LL § } < CL @ z ) o CL L § 0 \ k / « 40 0 Z LU LLI LLI m o w■ . � C CD 0 LL o / U . k z [ ° k\} 0 B (\ w z \ of S ) G ¢ o @ 2 ® Lr 7 n z b e _ j\ $ z / < = <\\ z& x e) 7 \§ / ) o e \ = / < [ / o 2= <) 3 j\ x ) F- m m/ U) / § / § E z } z e z j o/_ 5 $ ® j g E[ / § ® z ) « / C 2 ƒ_ w§ 2 / ( { j } z } 0 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #102366 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: September 30 2013 X,16>2,1 1 19PON2 , SUBSCRIBED AND SWORN to me before t s 30th day of September 2013 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27- Aug -16 �Qi� RU SS'6' 140TARY cn.� Pus�w r l OF P�'P '} AGENDA . KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 2, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Marcus Mueller, Soldotna Rotary Club — Paint the Kenai Mural Project. 2. Lieutenant Matthew Mitchell United States Coast Guard, Anchorage Alaska — Good Samaritan Certificate of Appreciation. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute. 2. Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City. 3. Resolution No. 2013 -65 — Declaring Equipment, Supplies, And Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. E. MINUTES 1. 'Regular Meeting of September 18, 2013 2. *Work Session of September 18, 2013 F. UNFINISHED BUSINESS —None G. NEW BUSINESS 1. 'ActionlApproval — Bills to be Ratified 2. -Action/Approval — Purchase orders Exceeding $15,000 3. Action/Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision for the purpose of Operation of a Class II Injection Facility (Storage /Disposal of Onsite and Offsite Materials). 4. Action/Approval — Planning and Zoning Commission Training at the Alaska Planning Conference in Anchorage. 5. "Ordinance No. 2724.2013 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. H. COMMISSION/COMMITTEE REPORTS 1. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Limited to rive (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office or by visiting our website at htto- / /www ci kengi ak us. Sandra Modigh, CMC, City Clerk D8801211 Publish: 9/30/13