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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.
NOVEMBER 6, 2013
REGULAR COUNCIL MEETING
REQUESTED ADDITIONS TO THE PACKET:
ADD TO: REQUESTED BY:
GA Special Use Permit to CONAM Construction Company
• Substitute Special Use Permit (correcting minor clerical errors) City Attorney
J.2 City Attorney Report
• Back up Material Provided to Council at a Previous
Meeting City Attorney
SPECIAL USE PERMIT
THE CITY OF KENAI (CITY), a Home Rule Municipal Corporation whose address is
210 Fidalgo Avenue, Kenai, Alaska 99611, for the considerations and pursuant to the
conditions and requirements set forth below, hereby grants to CONAM Construction
Company (PERMITTEE), whose address is 301 W. Northern Lights Blvd., Suite 300
Anchorage, Alaska, 99503, the non - exclusive right to use that area described below:
Lot 5, Block 6, Cook Inlet Industrial Air Park, located in the City of Kenai,
Kenai Recording District, Third Judicial District, State of Alaska,
hereafter referred to as "the Premises" The Premises is further described in Exhibit A. In
the event of conflict between this description and Exhibit A, the description above shall
prevail.
1. TERM. This special use permit shall commence on the 23rd day of October 2013,
and will continue for successive terms of one calendar month thereafter beginning
December 8, 2013. This Agreement may be terminated by either party by giving the other
written notice of their intent to terminate at least 30 days before the due date for payment of
monthly permit fees (one full calendar month notice) unless a shorter notice period is agreed
to in writing. The maximum term for this Special Use Permit is one year.
2. PERMIT FEES. The Pemuttee shall pay $400.00 per month, plus applicable sales
tax.
Payment for October, 2013, shall be a daily pro -rated fee based upon the monthly fee and
shall be due on October 30, 2013. Thereafter, Permittee shall pay the City the fee on or
before the first day of each month beginning November 1, 2013. No refunds will be
provided for partial month's occupancy after November 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 Avenue,
Kenai, Alaska 99611 on or before the first of each month.
Permittee further agrees to pay to the appropriate parties all levies, assessments, and
charges as hereinafter provided:
a) Sales tax now enforced, or levied in the future, computed upon the
permit fee payable in monthly installments whether said fee is paid
on a monthly or yearly basis;
Special Use Permit- CONAM Construction Company Page I of 6
b) All necessary licenses and permits, pay all lawful taxes and
assessments which, during the term hereof may become a lien upon
or which may be levied by the State, Borough, City, or by any other
tax levying body, upon any taxable possessory right which Lessee
may have in or to the Premises by reason of its use or occupancy or
by reason of the terms of this Permit, provided however, that nothing
herein contained shall prevent Permittee from contesting any
increase in such tax or assessment through procedures provided for
by law.
c) Interest at the rate of eight percent (8 %) per annum and penalties of
ten percent (10 %) of any amount of money owed under this Special
Use Permit, which money or fee not paid on or before the date it
becomes due.
d) Costs and expenses incident to this Special Use Permit including, but
not limited to recording costs.
3. USE. The use of the Premises by Permittee is limited to its use for the placement
for an ACCO trailer to support the Buccaneer Pipeline Project. Use of the Premises is
subject to the following additional conditions.
a) Permittee shall maintain the area in good repair, clean of garbage or
junk.
b) Permittee shall not make any permanent improvements to the
Premises.
c) Permittee agrees to maintain and restore the gravel pad located on
the Premises so that it is in the same or better condition upon
termination of this Permit as at it was at the inception of this Permit.
d) Permittee shall provide containment under any staged equipment.
e) This use is further subject to the reasonable administrative actions of
the City of Kenai for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities.
Special Use Permit- CONAM Construction Company Page 2 of 6
4. LICENSES AND PERMITS; LAWS. Permittee shall obtain and maintain all
required federal, state, and local licenses, permits, certificates, and other documents
required for its operations under the Permit. Permittee shall provide proof of compliance
to the City upon request by the City.
Permittee shall adhere to all federal, state, and local laws, ordinance and regulations
while conducting its activities on the Premises.
5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use
to the described Premises except as otherwise expressly provided herein.
6. INSURANCE. Permittee, at the expense of the Permittee, shall provide
insurance covering its activities on and/or in any way arising out of its use of the
Premises. Permittee shall provide insurance coverage of the following types and
minimum coverage limits. If Permittee's policy (ies) contain(s) higher limits, the City
shall be entitled to coverage to the extent of the higher limits:
Commercial General Liability including premises, all operations, property
damage, personal injury and death, broad -form contractual, with a per - occurrence
limit of not less than $1,000,000 combined single limit.
Commercial Automobile Coveraae 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.
Special Use Permit- CONAM Construction Company Page 3 of 6
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 additionally 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.
7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT.
Permittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its
council, 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 negligent
act or omission or willful misconduct of the Permittee in connection with its use of the
Premises. This shall be a continuing release and shall remain in effect after termination of
this Special Use Permit.
8. PERSONALTY. Permittee shall remove any and all personal property, including
all vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded
by the City, if not removed upon termination of this Permit 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 storage charges of $25.00 per day. The City of
Kenai is not responsible for any damage to or theft of any personalty of Permittee or of
its customers.
9. NO WAIVER. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be construed
as a waiver or relinquishment of the right to exercise such terms, conditions or
requirements.
10. NO ALCOHOL. No possession or consumption of alcoholic beverages is permitted
on the Premises.
Special Use Permit- CONAM Construction Company Page 4 of 6
11. 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.
12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and
shall assume all risks incurred in its use of the Premises.
13. 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.
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 7 and 12 of this
permit shall survive the cancellation, termination, or expiration of this permit.
15. 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:
Reg Allen
Project Engineer
CONAM Construction Company
301W. Northern Lights Blvd., Suite 300
Anchorage, Alaska 99503
Message Phone: 907.240.4098
E -mail: rallen@conamco.com
The Contact Information for the City for purposes of notice and all communications from
Permittee to the City is:
Rick Koch
City Manager
210 Fidalgo Avenue
Kenai, Alaska 99611
Phone: 907.283.8223
Fax: 907.283.3014
E -mail: rkoch(&ci.kenai.ak.us
Special Use Permit- CONAM Construction Company Page 5 of 6
16. 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 company to bind the company
hereunder.
CITY OF KENAI
0
Rick R. Koch
City Manager
STATE OF ALASKA )
)Ss.
THIRD JUDICIAL DISTRICT )
CONAM CONSTRUCTION COMPANY
LE
Reg Allen
Project Engineer
THIS IS TO CERTIFY that on the day of , 2013, RICK R. KOCH,
City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of 2013, the foregoing
instrument was acknowledged before me by REG ALLEN, Project Engineer, CONAM
CONSTRUCTION COMPANY, on behalf of the Company.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott M. Bloom
City Attorney
YADept - Airport\SUMonam SUP 102913.docx
Special Use Permit- CONAM Construction Company Page 6 of 6
MUNICIPALITY OF ANCHORAGE
;ice of the Municipal Attorney Telephone: 907. 343 -4545
Civil Division, Suite 730 Fax: 907.343 -4550
Mayor Dan Sullivan
July 30, 2013
Scott Bloom RECEIVED
City of Kenai J 1 13
210 Fidalgo Avenue
Kenai, AK 99611 KENAI LEGAL DEPT.
Re: Alaska Selected for International Lawyers Conference in May 2014H
Dear Counsel:
It is my pleasure to announce the International Municipal Lawyers Association (IMLA's) selection of
Anchorage, Alaska for its 2014 Mid -Year Conference on May 18 - 20.
IMLA expects attendees from the U. S. and Canada, many of whom will be traveling to Alaska for the first
time. We expect upwards of 500 attendees, plus their spouses and families. These attendees are already
looking for places to see and things to do outside of Anchorage to extend their visit to this great State. The
cess of this conference depends on the participation as well as the commitment and hospitality of Alaskan
businesses, attorneys, municipalities, borough, native villages & corporations, oil & gas industry, visitors
bureaus & travel - related industries, mayors, assemblies, and councils.
I am reaching out to you, as counsel to ask for the support of your firm. The benefit of this conference to
your firm is incredible! The IMLA Conference is a local educational opportunity for your government staff
(attorneys, municipal clerks, CFOs, Municipal Managers, Mayors, department heads) provided by local,
state, national and international speakers in their fields, without the exorbitant costs of travel outside of
Alaska. Generally up to 20 professional education credits are available - IMLA conferences focus on
municipal issues - interaction with local, state & federal entities, local, state & national businesses, as well
as a wide variety of general topics including ethics, ethical considerations, board and staff training, natural
resource extraction, business contracting, public contracts, ethics, redistricting, personnel matters,
telecommunication updates, environmental conservation, working with native corporations and tribal
governments, public - private partnerships, energy, taxation, bonding, property assessments, water & sewer
construction and expansion, infrastructure construction and expansion, FEMA training, and code
enforcement; the list is endless!
We hope your firm will choose to send representatives to attend, participate in a committee or speaker
opportunity, and volunteer to help sponsor this incredible conference! The Municipality of Anchorage is
committed to this opportunity, and granted $20,000 to the IMLA this past May to support the conference
cess. In addition, the Alaska Municipal Attorneys Association added a commitment of $5,000.
Page 49 of 55
Page 2 of 2
Any donation is appreciated - and donations to IMLA, a 501(c)(3) non - profit organization, are C
deductible. For those communities looking for special recognition, the following sponsorship levels are
currently available:
GOLD ($10,000)
$10,000 exclusive or two $5,000 non - exclusive sponsorships of one of the following events:
Welcome Reception
Speaker Lunch
(These sponsorships include a complimentary vendor /exhibit booth)
SILVER ($3,500)
For one of the following events:
Individual Coffee Breaks (a.m. or p.m.)
Work Session Panel Sponsor
Hotel Key Cards (Exclusive only)
Badge Holder/Lanyards (Exclusive only)
Imprinted Water Bottle Sponsor (Exclusive only)
Branded Notepad for Attendees (Exclusive only)
BRONZE ($1,500)
t
Your firm/organization's name and logo in the program brochure and registration materials
Acknowledgement of Sponsors on signage in Registration & Exhibit area
FRIEND ($1,000)
Your firm/organization's name and up to 3 events highlighted in the Alaska Event Planner (must be received
by August 1 to be included in September booklet; donations received after August 1, events included in 2014
Conference Event Planner)
We also need your help! The agenda planning committee will be forming this fall, and we are looking for
representatives from all over Alaska, with all types of backgrounds, to help us put a stellar and energetic
program together showcasing local attorneys and experts in fields of interest to you!
If you are interested in any of these opportunities or need additional information, please contact Special
Municipal Coordinator Rhonda Westover at 907 - 229 -9699 (WestoverRF(a)muni org).
Regards,
Dennis Wheeler
Municipal Attorney
Page 50 of 55
ALASKA FISHERIES
CONSERVATION ALLIANCE. INC. PRESS RELEASE
November 6, 2013
Fisheries Conservation Group Submits Ballot Initiative Application to
End Set Nets in Urban, Non - Subsistence Areas of Alaska
Recently formed Alaska Fisheries Conservation Alliance Inc. de livers necessary
signatures to office of Lieutenant Governor
The Alaska Fisheries Conservation Alliance, Inc. (AFCA) will present the Office of Lt.
Governor Mead Treadwell a ballot initiative application that would ban commercial
set net fishing in the five urban, non - subsistence areas of Alaska. The division of
elections received the necessary signatures today.
AFCA was formed to protect fish species in non - subsistence areas of Alaska that are
threatened by over - fishing, bycatch or other dangers. AFCA will launch a campaign
to seek voter approval of an initiative banning urban commercial fishing with set
nets. AFCA will get the necessary signatures and approvals to have the commercial
set net ban on the primary election ballot in August of 2016. This allows for more
than two years of debate on the issue.
The five state - designated, non- subsistence areas are most of the areas immediately
around Anchorage (including the Kenai Peninsula Borough and the Matanuska
Susitna Borough), Fairbanks, Juneau, Valdez and Ketchikan. If voters approve the
initiative, commercial set nets in these areas would be banned. Personal use fishing,
such as dip net fishing, will not be affected.
This ballot measure will not affect set nets in the 90 percent of the state that is
designated a subsistence or rural area. Set nets are less intrusive and a reasonable
means of fishing in low population areas, however, AFCA believes it is time that set
nets are banned in the urban, highly populated centers of Alaska. AFCA will be
reaching out to other like- minded organizations to join its cause.
Former set -netter and retired University of Alaska Anchorage Professor Joe Connors
is the President of AFCA. Connors owns a sport fish guiding business on the Kenai
River. "AFCA is all about conservation and we are attracting members from across
the state who share our commitment to protecting urban fisheries that are
threatened. There is no debating that king salmon stocks in Cook Inlet are at historic
lows. Set nets are indiscriminate killing machines and it is time they are banned in
urban areas of Alaska."
Longtime fisheries advocate Bob Penney will serve on the AFCA Board as well. "It's
time to join the other states that have led the way in banning the 'all killing' set nets.
Bycatch in our fisheries should be a four - letter word; it must be stopped.
Conservation for all species must come first," Penney said.
Texas, Alabama, Florida, Louisiana, New York and California have all banned set nets.
Washington and Oregon have severely restricted commercial set nets. In the 25
years since the first state took this step, no set nets have been allowed to return. Not
one fish processor in these states went out of business after set nets were banned.
Kristin Mellinger, a one time set net crewmember and former Alaska Native
Corporation CFO, who is now the Principal of V3 Strategic Solutions, will also serve
on the board. "This was a difficult decision for me. However the fact that it will
protect subsistence fishing helped guide my decision," Mellinger said.
The Alaska Fisheries Conservation Alliance mission: "to conserve fisheries in urban
areas of Alaska for all its citizens."
For more information contact:
Charles Fedullo
907 - 388 -8055
Joe Connors
907 - 398 -1360
Or visit www.akfisheries.com.
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
NOVEMBER 6, 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)
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. 2725 -2013 — Accepting and Appropriating a Grant from the
Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the
Amount of $10,000 from the Friends of the Kenai Community Library and
$1,000 from the Totem Tracers Genealogical Society for the Purchase of
Equipment and Furnishings at the Library ............................... ............................... Pg 5
E. MINUTES
1. *Regular Meeting of October 16, 2013 ...................................... ............................... Pg 9
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified .................................. ............................... Pg 17
2. *Action /Approval — Purchase Orders Exceeding $15, 000 ..... ............................... Pg 19
H.
3. *Action /Approval — Ratifying a Settlement with Occupational Safety and
Health( OSH) ............................................................................ .............................Pg 21
4. *Action /Approval — Special Use Permit to CONAM Construction Company
for the Purpose of Placing an ACCO Trailer on the Premises to Support the
Buccaneer Pipeline Project ..................................................... ............................... Pg 25
5. *Ordinance No. 2726 -2013 — Reappropriating State Grant Funds in the
Municipal Roadway Improvements Capital Project Fund to the Water, Sewer
& Street Improvements Capital Project Fund ............................ .............................Pg 35
6. *Ordinance No. 2727 -2013 — Appropriating Funds for Outside Legal
Services Associated with Cook Inlet Natural Gas Storage Alaska ..........................Pg 39
7. *Ordinance No. 2728 -2013 — Accepting and Appropriating a Donation from
Hilcorp Energy Company to Assist with the Annual Kenai Senior Center
ThanksgivingDinner ................................................................. .............................Pg 41
1. Council on Aging
2.
Airport Commission ................................................................
............................... Pg 43
3.
Harbor Commission ..................................................................
.............................Pg 47
4.
Library Commission
5.
Parks and Recreation Commission ...........................................
.............................Pg 49
6.
Planning and Zoning Commission
7.
Beautification Committee ..........................................................
.............................Pg 51
8.
Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager ............................................................................ .............................Pg 53
2. City Attorney
a. Requesting Funds for the International Municipal Lawyers Association
Conference................................................................... .............................Pg 75
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None
N. ADJOURNMENT
City of Kenai Council Meeting Agenda Page 2 of 3
November 6, 2013
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................
Pg 77
2. Resignation from the Library Commission Submitted by Sue Carter ............................
Pg 79
3. Notice of Public Hearing by the Kenai Peninsula Borough Planning Commission
for a Petition Received to Vacate a Portion of Highland Way within the City of
Kenai.............................................................................................. .............................Pg
81
4. Resignation from the Beautification Committee Submitted by Yvonne Pierce... ....... 6
— Pg 87
5. Commission, Committee, Board Review of Policies and Procedures ..... 6.66 ...... 6... ......
.. Pg 89
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
November 6, 2013
THIS PAGE IS INTENTIONALLY LEFT BLANK
Suggested by: Administration
CITY OF KENAI
NO. 2725 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT FROM THE RASMUSON FOUNDATION IN THE
AMOUNT OF $21,376 AND MATCHING FUNDS IN THE AMOUNT OF $10,000 FROM
THE FRIENDS OF THE KENAI COMMUNITY LIBRARY AND $1,000 FROM THE TOTEM
TRACERS GENEALOGICAL SOCIETY FOR THE PURCHASE OF EQUIPMENT AND
FURNISHINGS AT THE LIBRARY.
WHEREAS, the City of Kenai received a grant from the Rasmuson Foundation in the
amount of $21,367 for the purchase of equipment and furnishings at the Library; and,
WHEREAS, the Friends of the Kenai Community Library have pledged $10,000 in
matching funds for this grant; and,
WHEREAS, the Totem Tracers Genealogical Group has pledged $1,000 in matching
funds for this grant; and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant and
matching funds for the purpose intended.
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 Grant from the
Rasmuson Foundation in the amount of $21,376 and matching funds from the
Friends of the Kenai Community Library and Totem Tracers Genealogical Society in
the respective amounts of $10,000 and $1,000 for the purchase of equipment and
furnishings at the Library and to execute the grant agreement and to expend the 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:
Donations $32,367
Increase Appropriations:
Library - Small Tools $32,367
New Text Underlined; DELETED TEXT BRACKETED)
Page 5 of 94
Ordinance No. 2725 -2013
Page 2 of 2
Section 4. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect
immediately upon adoption
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6 day of November,
2013.
ATTEST:
Sandra Modigh, City Clerk o /
Approved by Finance: %- 4�0'
PAT PORTER, MAYOR
Introduced: October 16, 2013
Adopted: November 6, 2013
Effective: November 6, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
Page 6 of 94
j "'Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
- - -- 1992
the c2 elf
KENAI, ALASKA
MEMO:
l TO: Rick Koch
FROM: Mary Jo Joiner
DATE: October 7, 2013
SUBJECT: Ordinance regarding Rasmuson Tier 1 Grant
The library received notification that our Tier 1 grant application with the Rasmuson
Foundation has been funded. The grant is for $21,367 which will fund the purchase of
equipment and furnishings.
The Friends of the Library are contributing matching funds of $10,000 to help fund a
self -check station. The Totem Tracers genealogical group is contributing matching funds
of $1.000 to help fund the cost of a new ScanPro machine which allows users to scan
microfilm and fiche to print or email.
Other furnishings include a book display unit, a podium, more library book carts, a
handheld unit for circulation in the stacks and a sound system for the meeting rooms.
Page 7 of 94
Y1:1619aTctI MIZYl4ZY1[a]ZI_1R VAR 42A ]WTI0IN
Page 8 of 94
KENAI CITY COUNCIL— REGULAR MEETING
OCTOBER 16, 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 October 16, 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
Brian Gabriel
comprising a quorum of the Council.
Also in attendance were:
"Courtney Stroh, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Corene Hall, Deputy City Clerk
3. Certification of Election
Vice Mayor Ryan Marquis
Terry Bookey
Mike Boyle
City Clerk Modigh reviewed the Certificate of Election.
MOTION:
Council Member Molloy MOVED to certify the election of October 1, 2013. Council
Member Bookey SECONDED the motion.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel. Marquis, Molloy
NAY:
Student Representative Stroh: YEA
Page 9 of 94
MOTION PASSED UNANIMOUSLY.
4. Administer Oaths of Office
City Clerk Modigh administered the oath of office to Mayor Porter, Council Member
Bookey, and Council Member Gabriel and they resumed their seats on the dais.
5. Election of Vice -Mayor
MOTION:
Council Member Gabriel MOVED to nominate Ryan Marquis as Vice Mayor and Council
Member Bookey SECONDED the motion.
Council Member Boyle MOVED to nominate Robert Molloy as Vice Mayor and Council
Member Marquis SECONDED the motion.
City Clerk Modigh tallied the vote; with 4 votes, Ryan Marquis was elected Vice Mayor.
6. Agenda Approval
Mayor Porter read the following change to the packet:
ADD TO: D -3: Resolution No. 2013 -68: inclusion of amended page 4 of 4 of the
SFY 2015 CIP Priorities revising the description of the Kenai Spur
Highway — Supplemental Appropriation.
MOTION:
Council Member Gabriel MOVED to approve the agenda as amended and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
7. Consent Agenda
MOTION:
Council Member Molloy requested removing G -3 from the consent agenda then MOVED
to approve the consent agenda. Vice Mayor Marquis SECONDED the motion and
requested UNANIMOUS CONSENT.
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
Page 10 of 94
requests, in which case the item will be removed from the consent agenda
and considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS — None
C. UNSCHEDULED PUBLIC COMMENTS — None
D. PUBLIC HEARINGS
1. Ordinance No. 2724 -2013 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2724 -2013, Accepting and
Appropriating Funds Forfeited to the Kenai Police Department. Council Member Gabriel
SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy
NAY:
"Student Representative Stroh: YEA
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2013 -67 — Supporting the Selection of the Nikiski Area for
The Proposed Alaska LNG Project's Natural Gas Liquefaction Plant And
Terminal By ExxonMobil, BP, ConocoPhillips and TransCanada.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -67, Supporting the Selection
of the Nikiski Area for The Proposed Alaska LNG Project's Natural Gas Liquefaction
Plant And Terminal By ExxonMobil, BP, ConocoPhillips and TransCanada and
requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by striking "including enhances" and inserting
"including enhancement of in the last whereas and Vice Mayor Marquis SECONDED
the motion.
Page 11 of 94
VOTE ON AMENDMENT:
YEA: Boyle, Gabriel, Marquis, Molloy, Porter, Bookey
NAY:
Student Representative Stroh: YEA
AMENDMENT PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
VOTE: There being no objections, SO ORDERED.
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital Improvements
Plan Priority List for State and Federal Funding Requests for the Fiscal Year
2015.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2013 -68, Adopting the City of
Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests
for the Fiscal Year 2015. Council Member Gabriel SECONDED the motion and
requested UNANIMOUS CONSENT.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO AMEND:
Council Member Bookey MOVED to amend by substitution of page 4 of 4 provided as a
lay down and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED
the motion.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by adding "that the City of Kenai" before
"adopts' in the Now, Therefore statement. Council Member Bookey SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE ON MAIN MOTION AS AMENDED:
VOTE: There being no objections, SO ORDERED.
4. Resolution No. 2013 -69 — Awarding a Contract to Alaska Sure Seal for
Snowplowing Services at the Kenai Airport.
Page 12 of 94
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -69, Awarding a Contract to
Alaska Sure Seal for Snowplowing Services at the Kenai Airport and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1. *Regular Meeting of October 2, 2013
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified
Approved by the consent agenda.
2. *Action /Approval — Purchase Orders Exceeding $15,000
Approved by the consent agenda.
3. Action/ Approval — Lease of Airport Land Outside of the Airport Reserve
Identified as Lot 8, Kenai Industrial Park Subdivision, Section 8, Township 5
North, Range 11 West, Seward Meridian, Alaska to Buccaneer Alaska
Operations, LLC for a Term of 30 Years Effective November 1, 2013.
MOTION:
Council Member Molloy MOVED to approve of the Lease of Airport Land Outside of the
Airport Reserve Identified as Lot 8, Kenai Industrial Park Subdivision, Section 8,
Township 5 North, Range 11 West, Seward Meridian, Alaska to Buccaneer Alaska
Operations, LLC for a Term of 30 Years Effective November 1, 2013. Vice Mayor
Marquis SECONDED the motion.
Molloy requested a report from Administration.
City Manager Koch reported there were no differences in condition or use of wells on the
site and the intent is for use only by Buccaneer.
VOTE:
YEA: Gabriel, Marquis, Molloy, Porter, Bookey, Boyle
Page 13 of 94
NAY:
Student Representative Stroh: YEA
MOTION PASSED UNANIMOUSLY.
4. 'Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the
Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the
Amount of $10,000 from the Friends of the Kenai Community Library and
$1,000 from the Totem Tracers Genealogical Society for the Purchase of
Equipment and Furnishings at the Library.
Introduced by consent agenda and public hearing set for November 6, 2013.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — Vice Mayor Marquis noted the next meeting would be
November 7, 2013.
2. Airport Commission — Vice Mayor Marquis reported on the October 10
meeting, where the Master Plan was discussed.
3. Harbor Commission — Council Member Molloy reported on the October 7
meeting, noting a request to move the November meeting from the 11th to the
25th.
4. Library Commission — Council Member Boyle had no report.
5. Parks and Recreation Commission — Council Member Bookey had no
report.
6. Planning and Zoning Commission — No report.
7. Beautification Committee — Mayor Porter noted minutes would be in the
next packet.
8. Mini -Grant Steering Committee— Mayor Porter had no report.
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Presented a Proclamation on Domestic Violence Awareness Month at
LeeShore Center.
• Thanked the City Clerk for requesting everyone wear pink for Breast
Cancer Awareness Month.
J. ADMINISTRATION REPORTS
1. City Manager — Koch reported the following:
• Finalizing the Dip Net Report.
• Would set a work session on the Dip Net Report at a future meeting.
Page 14 of 94
• Met with Legislators regarding charging a fee for personal use fishery
permits.
• Thanked the Council for the work session on the CIP list.
• Noted the heated sidewalks would be rebid in the spring.
• In the process of hiring a City Planner.
• Congratulated Mayor and Mr. Porter on their son's retirement and
thanked him for his service to our country.
2. City Attorney — Bloom had no report
a. Options for Moving Forward with the Comprehensive Plan Following
Results of Proposition No. 1.
3. City Clerk — Modigh thanked the election officials and canvass board, and
congratulated those elected.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments — None.
2. Council Comments
Student Representative Stroh reported on the Leadership Class's plans for Red
Ribbon Week.
Vice Mayor Marquis thanked the Council for being reelected Vice Mayor, and
suggested the City pay for and install Neighborhood Watch signs.
Council Member Molloy thanked the voters that turned out on Election Day and
congratulated the winners.
Council Member Boyle had no report.
Council Member Gabriel congratulated the Vice Mayor on his reelection and thanked
him for attending the Airport Commission.
Council Member Bookey congratulated election winners.
L. EXECUTIVE SESSION — Regarding Matters the Immediate Knowledge of Which
Would Clearly Have an Adverse Effect Upon the Finances of the City and
Matters Which are Subject to Attorney Client Privilege Regarding Litigation
Involving Cook Inlet Natural Gas Storage Alaska (CINGSA) — Mineral Rights,
Easements and Pore Space. [AS 44.62.310(c)(1)]
MOTION:
Vice Mayor Marquis MOVED the Council convene into Executive Session — Regarding
Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect
Upon the Finances of the City and Matters Which are Subject to Attorney Client Privilege
Page 15 of 94
Regarding Litigation Involving Cook Inlet Natural Gas Storage Alaska (CINGSA) —
Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] and requested
attendance by the City Attorney, City Manager and City Clerk. Council Member Bookey
SECONDED the motion.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
Vice Mayor Marquis reported Council met in Executive Session and received a report
from the City Attorney.
M. PENDING ITEMS — None
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:26
p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
"The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded
in the minutes. A student representative may not move or second items during a council meeting.
Page 16 of 94
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Page 20 of 94
M
'VI'�laye with a Past, C# with a Future's
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIIIt
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 31, 2013
SUBJECT: Council Ratification of Settlement with Occupational Safety &
Health (OSH)
The purpose of this correspondence is to recommend Council ratification of a settlement
agreement between the City of Kenai and OSH.
On September 30, 2013, a representative of the Alaska Department of Labor OSH
visited the Kenai Animal Control Shelter. Initially two citations consisting of four parts
were issued. Of the four parts of the citations, three were deemed "serious" and one
was deemed 'other."
Through presentation of additional information by the City and negotiation with OSH,
one of the "serious" parts of the citations was dismissed, the remaining two "serious"
parts of the citations were reduced to 'other ", and the remaining part of the citations
initially deemed "other" remained unchanged.
In the settlement the City admitted that two annual employee training requirements were
several months past due, and that debris had been stored in front of an electrical panel.
All violations were abated in advance of the settlement.
On October 22, 2013, the Administration agreed and executed the informal settlement
agreement (attached) with OSH. OSH only provided a few days to accept the informal
settlement following the informal conference, and October 22, 2013 was the deadline.
Thank you for your attention in this matter, if you have any questions, please contact me
at your earliest convenience.
Page 21 of 94
ALASKA DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Division of Labor Standards and Safety
Occupational Safety & Health
3301 Eagle Street, Suite 305
Anchorage, Alaska 99503
Phone: (907) 269 -4940 Fax: (907) 269 -4950
In the Matter of: City of Kenai Animal Control
AKOSH No.(s): 316898006
Date: October 21, 2013,
INFORMAL SETTLEMENT AGREEMENT
& DISPOSITION OF CITATION(S)
The undersigned Employer and the undersigned Alaska Occupational Safety and Health ( AKOSH), in
settlement of the citation(s) and penalties which were issued on 09/30/13, hereby agree as follows:
The Employer agrees to correct the violations as cited in the citations or as amended below.
2. The Employer agrees to pay the proposed penalties, if any, as issued with the citation(s), or,
if amended by this agreement, as amended below.
The Employer and AKOSH agree that the following citations and penalties, if any, are not
being amended:
4. AKOSH agrees that the following citations and penalties are being amended as shown below:
Make Check payable to "State of Alaska - AKOSH" and reference the inspection number on
the check. Employer has abated all alleged violations, AKOSH has agreed to reduce severity
of violations applicable-AKOSH has reviewed 300 logs, has found no prior injuries
pertaining to animal control exposure. City of Kenai has agreed to revise hazard assessment
to reflect precautions and personal protective equipment to any injuries that would cause
exposure to animal attacks. With revision in place, AKOSH agrees to dismiss Cit 01 -Item
001. AKOSH agrees the training is adequate for HAZCOM, alleged violation severity is
reduced accordingly.
Cit 01 Item 001 a
Dismissed,
Cit 01 Item 001 b
Changed to Other Than Serious.
Cit 01 Item 002
Changed to Other Than Serious.
Cit 02 Item 001
No Change
Total penalties due = $ 0
Page 22 of 94
l 5. The employer, by signing this Informal Settlement Agreement, hereby waives its rights to
contest the above citation(s) and penalties, as amended in the previous paragraph.
6. The employer agrees to immediately post a copy of this settlement agreement in a prominent
place at or near the location of the violation(s) referred to in paragraph 4 above. This
Settlement Agreement and Disposition of Citation(s) must remain posted until the violations
cited have been corrected, or 3 working days (excluding weekends and State of Alaska
holidays), whichever is longer.
The employer agrees to continue to comply with the applicable provisions of Alaska's
Occupational Safety and health laws (AS 18.60.010 - AS 18.60.105), Occupational Safety
and Health Act of 1970, and the applicable safety and health standards.
By entering into this agreement, the employer does not admit that it violated the cited
standards for any litigation or purpose other than a subsequent proceeding under the
occupational Safety and Health Act.
9. The employer agrees that any penalties reduced during the informal conference must be paid
within 30 days of receipt of this notice or any and all reductions will be forfeited and
the original penalty amount will be due. Failure to make timely payment is likely to result
in additional fees if the inspection file is turned over for collections.
-Z- —
Keith A. Bailey
Chief of Enforcement, AKOSH
City of Kenai Date
(signature)
PLEASE NOTE THAT THIS COPY OF THE INFORMAL SETTLEMENT AGREEMENT IS
THE ONLY COPY OF A BILL /NOTICE YOU WILL RECEIVE FROM OUR OFFICE FOR
FINES DUE.
Page 23 of 94
NOTICE TO EMPLOYEES
The law gives you or your representative the opportunity to object to any abatement date set for a
violation if you believe the date to be unreasonable. Any contest to the abatement dates of the
citations amended in paragraph 4 of this Settlement Agreement must be mailed to the State of
Alaska, Department of Labor and Workforce Development, Labor Standards and Safety Division at
3301 Eagle Street, Suite 305, Anchorage, AK 99503, within 15 wonting days (excluding weekends
and State of Alaska holidays) of the receipt by the Employer of this Settlement Agreement. You or
your representative also have the right to object to any of the abatement dates set for violations,
which were not amended, provided that the objection is mailed to the office shown above within the
15- working -day period established by the original citation.
Page 24 of 94
"S erV!YVt314e/GrratrrKena.L Pen vtisula:'
nai
305 N. WILLOW ST. SURE 200 KENAI, ALASKA 99611
TELEPHONE 907,283 -7951
Airport FAX 907,2833737
Memo
To: Rick R. Koch - City Manager
From: Mary Bondurant - Airport Manag
Date: October 30, 2013
Subject: Special Use Permit — CONAM Construction
CONAM Construction is requesting to lease space at the MAPTS facility located off Marathon
Road.
CONAM is performing work for Buccaneer and is in need of an area for a job shack. The
Special Use Permit is for approximately six- weeks. CONAM Construction has previously leased
areas from the Airport, and has met all terms and conditions of the permits.
I recommend leasing an area to CONAM Construction for $400.00 a month.
If you have any questions, please contact me at 283 -7951.
Attachments
wwwIcnaiairport.com
Page 25 of 94
SPECIAL USE PERMIT
THE CITY OF KENAI (CITY), a Home Rule Municipal Corporation whose address is
210 Fidalgo Avenue, Kenai, Alaska 99611, for the considerations and pursuant to the
conditions and requirements set forth below, hereby grants to CONAM Construction
Company (PERMITTEE), whose address is 301 W. Northern Lights Blvd., Suite 300
Anchorage, Alaska, 99503, the non - exclusive right to use that area described below:
Lot 5, Block 6, Cook Inlet Industrial Air Park, located in the City of Kenai,
Kenai Recording District, Third Judicial District, State of Alaska,
hereafter referred to as "the Premises." The Premises is further described in Exhibit A. In
the event of conflict between this description and Exhibit A, the description above shall
prevail.
1. TERM. This special use permit shall commence on the 23rd day of October 2013,
and will continue for successive terms of one calendar month thereafter beginning
December 8, 2013. This Agreement may be terminated by either party by giving the other
written notice of their intent to terminate at least 30 days before the due date for payment of
monthly permit fees (one full calendar month notice) unless a shorter notice period is agreed
to in writing. The maximum term for this Special Use Permit is one year.
2. PERMIT FEES. The Permittee shall pay $400.00 per month, plus applicable sales
tax.
Payment for October, 2013, shall be a daily pro -rated fee based upon the monthly fee and
shall be due on October 30, 2013. Thereafter, Permittee shall pay the City the fee on or
before the first day of each month beginning November 1, 2013. No refunds will be
provided for partial month's occupancy after November 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 Avenue,
Kenai, Alaska 99611 on or before the first of each month.
Permittee further agrees to pay to the appropriate parties all levies, assessments, and
charges as hereinafter provided:
a) Sales tax now enforced, or levied in the future, computed upon the
permit fee payable in monthly installments whether said fee is paid
on a monthly or yearly basis;
Special Use Permit- CONAM Construction Company Page I of 6
Page 26 of 94
b) All necessary licenses and permits, pay all lawful taxes and
assessments which, during the term hereof may become a lien upon
or which may be levied by the State, Borough, City, or by any other
tax levying body, upon any taxable possessory right which Lessee
may have in or to the Premises by reason of its use or occupancy or
by reason of the terms of this Permit, provided however, that nothing
herein contained shall prevent Permittee from contesting any
increase in such tax or assessment through procedures provided for
by law.
c) Interest at the rate of eight percent (8 %) per annum and penalties of
ten percent (10 %) of any amount of money owed under this Special
Use Permit, which money or fee not paid on or before the date it
becomes due.
d) Costs and expenses incident to this Special Use Permit including, but
not limited to recording costs.
3. USE. The use of the Premises by Permittee is limited to its use for the placement
for an ACCO trailer to support the Buccaneer Pipeline Project. Use of the Premises is
subject to the following additional conditions.
a) Permittee shall maintain the area in good repair, clean of garbage or
junk.
b) Permittee shall not make any permanent improvements to the
Premises.
c) Permittee agrees to maintain and restore the gravel pad located on
the Premises so that it is in the same or better condition upon
termination of this Permit as at it was at the inception of this Permit.
d) Permittee shall provide containment under any staged equipment.
e) This use is further subject to the reasonable administrative actions of
the City of Kenai for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities.
Special Use Permit- CONAM Construction Company Page 2 of 6
Page 27 of 94
4. LICENSES AND PERMITS; LAWS. Permittee shall obtain and maintain all
required federal, state, and local licenses, permits, certificates, and other documents
required for its operations under the Permit. Permittee shall provide proof of compliance
to the City upon request by the City.
Permittee shall adhere to all federal, state, and local laws, ordinance and regulations
while conducting its activities on the Premises.
5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use
to the described Premises except as otherwise expressly provided herein.
6. INSURANCE. Permittee, at the expense of the Permittee, shall provide
insurance covering its activities on and/or in any way arising out of its use of the
Premises. Permittee shall provide insurance coverage of the following types and
minimum coverage limits. If Permittee's policy (ies) contain(s) higher limits, the City
shall be entitled to coverage to the extent of the higher limits:
Commercial General Liability including premises, all operations, property
damage, personal injury and death, broad -form contractual, with a per - occurrence
limit of not less than $1,000,000 combined single limit.
Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non -
owned motor vehicles the lessee uses.
Workers' Compensation Insurance for all Permittee's employees, coverage as
required under AS 23.30.045, and, where applicable, any other statutory
obligations. The policy must waive subrogation against the City.
Products and Completed Operations Liability Insurance. Permittee shall
provide Products and Completed Operations Liability Insurance in at least the
following coverage limits:
• $100,000 bodily injury combined single limit per occurrence;
• $300,000 bodily injury aggregate; and,
$100,000 property damage combined single limit per occurrence.
All of the policies required above shall be issued by a company /corporation currently rated "A -"
or better by A.M. Best.
Special Use Permit- CONAM Construction Company Page 3 of 6
Page 28 of 94
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 additionally 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.
7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT.
Permittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its
council, 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 negligent
act or omission or willful misconduct of the Permittee in connection with its use of the
Premises. This shall be a continuing release and shall remain in effect after termination of
this Special Use Permit.
8. PERSONALITY. Permittee shall remove any and all personal property,
including all vehicles, from the Premises at the termination of this Permit (or any renewal
thereof). Personal property placed or used upon the Premises will be removed and /or
impounded by the City, if not removed upon termination of this Permit 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 storage charges of $25.00 per
day. The City of Kenai is not responsible for any damage to or theft of any personality of
Permittee or of its customers.
9. NO WAIVER. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be construed
as a waiver or relinquishment of the right to exercise such terms, conditions or
requirements.
10. NO ALCOHOL. No possession or consumption of alcoholic beverages is permitted
on the Premises.
Special Use Permit- CONAM Construction Company Page 4 of 6
Page 29 of 94
11. 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.
12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and
shall assume all risks incurred in its use of the Premises.
13. 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.
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 7 and 12 of this
permit shall survive the cancellation, termination, or expiration of this permit.
15. 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:
Reg Allen
Project Engineer
CONAM Construction Company
301W. Northern Lights Blvd., Suite 300
Anchorage, Alaska 99503
Message Phone: 907.240.4098
E -mail: rallengconamco.com
The Contact Information for the City for purposes of notice and all communications from
Permittee to the City is:
Rick Kock
City Manager
210 Fidalgo Avenue
Kenai, Alaska 99611
Phone: 907.283.8223
Fax: 907.283.3014
E -mail: rkochgci.kenai.ak.us
Special Use Permit- CONAM Construction Company Page 5 of 6
Page 30 of 94
16. 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 company to bind the company
hereunder.
CITY OF KENAI
By:
Rick R. Koch
City Manager
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
CONAM CONSTRUCTION COMPANY
By:
Reg Allen
Project Engineer
THIS IS TO CERTIFY that on the — day of , 2013, RICK R. KOCH,
City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2013, the foregoing
instrument was acknowledged before me by REG ALLEN, Project Engineer, CONAM
CONSTRUCTION COMPANY, on behalf of the Company.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott M. Bloom
City Attorney
YADept - Airport\SWConam SUP 102913.docx
Special Use Permit- CONAM Construction Company Page 6 of 6
Page 31 of 94
A #aG�Ach�- 4
Go._j ,gIe earth feet 300 I
meters 90
Page 32 of 94
Go, . ale earth feet 300
meters 90
Page 33 of 94
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 34 of 94
I
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2726 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REAPPROPRIATING STATE GRANT FUNDS IN THE MUNICIPAL ROADWAY
IMPROVEMENTS CAPITAL PROJECT FUND TO THE WATER, SEWER & STREET
IMPROVEMENTS CAPITAL PROJECT FUND.
WHEREAS, SB160 granted the City $4,000,000 for Citywide road and infrastructure
improvements; and,
WHEREAS, SB160 was signed by Governor Parnell on May 14, 2012 and became
effective July 1, 2012; and,
WHEREAS, these grant funds were originally appropriated by Ordinance 2646 -2012 to
projects identified during the August 1, 2012 work session including $30,000 for the
purchase of a portable generator to power water and sewer assets in case of prolonged
power failures; and,
WHEREAS, the original funding of $30,000 is insufficient for the purchase with an
additional $9,000 needed to complete the purchase; and,
WHEREAS, at the time of appropriation, $296,000 was appropriated in the Municipal
Roadway Improvements Capital Project Fund for projects to be identified later; and,
WHEREAS, $9,000 is available from that original amount of $296,000 to supplement
the purchase of the portable generator now estimated to cost $39,000; and,
WHEREAS, it is in the best interest of the City to have the capability to maintain the
operations of its water and sewer utility in the event of prolonged power outage.
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 estimated revenues and appropriations be decreased as follows:
Municipal Roadway Improvements Fund
Decrease Estimated Revenues:
State Grants $910-0
Decrease Appropriations:
Construction $2=Q
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 35 of 94
Ordinance No. 2726 -2013
Page 2 of 2
Section 3: That estimated revenues and appropriations be increased as follows:
Water, Sewer & Street Improvements Capital Project Fund
Increase Estimated Revenues:
State Grants $I mo
Increase Appropriations:
Administration $ 750
Machinery & Equipment 8,250
$9 0Q0
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20st day of
November, 2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7
PAT PORTER, MAYOR
Introduced: November 6, 2013
Adopted: November 20, 2013
Effective: November 20, 2013
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 36 of 94
J
"'Villaye with a Past, Ci� with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 lzad
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tlll�t
1992
�� fkea,yolll MEMORANDUM
KENALALA SKA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director 5/4/to
DATE: October 31, 2013
SUBJECT: Additional fund appropriation required to purchase trailer mounted
generator requested via Ordinance 2726 -2013
Rick,
I estimate a total of approximately $39,000 will be required to purchase the trailer
mounted generator. Ordinance 2726 -2013 will supplement the previously appropriated
$30,000. This generator will replace the inadequately sized generator the Water &
Sewer department uses to power lift stations during power outages.
Page 37 of 94
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 38 of 94
u
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2727 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
APPROPRIATING FUNDS FOR OUTSIDE LEGAL SERVICES ASSOCIATED WITH COOK
INLET NATURAL GAS STORAGE ALASKA.
WHEREAS, the City has retained the law firm Boyd, Chandler & Falconer, LLP to
represents its interest involving gas storage rights within the City of Kenai; and
WHEREAS, available funding for outside council has been expended and an estimate
of additional funding in the amount of $50,000 is necessary to continue at this stage
of litigation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $50.000
Increase Estimated Revenues:
City Manager - Professional Services $50.000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
November 2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: _I.- ..'�
PAT PORTER, MAYOR
Introduced: November 6th, 2013
Adopted: November 20th, 2013
Effective: November 20th, 2013
New Text Underlined; [DELETED TEXT BRACKETED
Page 39 of 94
u
ob
"'VI'llaye wdh a Past, Cti with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�l
1991
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 31, 2013
SUBJECT: Ordinance 2727 -2013, Appropriating Funding or Outside Legal
Services
The purpose of this correspondence is to recommend Council adoption of the above
referenced ordinance appropriating additional funding for outside legal services related
to ongoing legal action associated with Cook Inlet Natural Gas Storage Alaska
(CINGSA). Specifically the legal matter is to determine ownership of pore space for
natural gas storage.
Briefs have been submitted by all parties to the Superior Court, responses have been
submitted by CINGSA, Cook Inlet Region Incorporated (CIRI), and the State of Alaska.
The City's response is due in early November.
This appropriation is estimated to be sufficient to complete the process at the Superior
Court.
If you have any questions, please contact me at your earliest convenience.
4
Page 40 of 94
Suggested by: Administration
CITY OF KENAI
NO. 2728 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST
WITH THE ANNUAL KENAI SENIOR CENTER THANKSGIVING DINNER.
WHEREAS, annually the Kenai Senior Center host a Thanksgiving Dinner that is open
to seniors from all over the Peninsula; and,
WHEREAS, the City has received a donation from Hilcorp Energy Services in the
amount of $3,500 for the purchase of food and supplies for hosting the event; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this
donation for the purposes described above.
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 a donation from Hilcorp
Energy Services in the amounts of $ 3,500 and to expend the donated funds to fulfill
the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Senior Fund
Increase Estimated Revenues:
Donations $ 5m=o
Increase Appropriations:
Congregate Meals - Operating Supplies $2,666
Home Meals - Operating Supplies 834
$31W_Q
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
November, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerl� Introduced: November 6, 2013
Adopted: November 20, 2013
�.' Approved by Finance: Effective: November 20, 2013
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 41 of 94
IlV lla9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlll
1992
MEMO.
TO: Rick Koch, City Manager
FROM: Rachael S. Craig, Senior Center Director
DATE: October 28, 2013
SUBJECT: $3,500 Donation for Senior Wide Thanksgiving Dinner
Hilcorp Energy Company donated $3,500, employees will be donating volunteer hours as well
as hosting the area wide Senior Thanksgiving Dinner.
The Area -Wide Thanksgiving Dinner will be held on Tuesday, November 26, 2013. Area seniors
will come together to celebrate Thanksgiving. Hilcorp Energy Company is sponsoring the event
this year. This is an annual tradition that began some 20 years ago by Chevron.
KENAI AIRPORT COMMISSION
OCTOBER 10, 2013 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR HENRY KNACKSTEDT, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at 7:04 p.m. Roll was confirmed as follows:
Commissioners present: Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, K. Roser
Commissioners absent: A. McClure, L. Porter
Staff /Council Liaison present:Airport Manager M. Bondurant, Assistant E. Shinn, Council
Member R. Marquis
A quorum was present.
2. AGENDA APPROVAL
Chair Knackstedt requested the following addition:
ADD: 5 -c: Airport Master Plan
MOTION:
Commissioner Bielefeld MOVED to approve the amended agenda and Commissioner Zirul
SECONDED the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY — August 8, 2013
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of August 8 and
Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD — None.
5. UNFINISHED BUSINESS
a. 2013 -2014 Goals and Objectives
Bondurant reviewed the information from the August 8 meeting.
MOTION:
Commissioner Zirul MOVED to approve the 2013 -2014 Goals and Objectives and
Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED.
b. Airport Brochure
Page 43 of 94
Bondurant presented the current layout for the brochure and general discussion occurred.
C. Airport Master Plan
Bondurant reported from the City Manager now that summer was over and he was back from
Boston he would complete his review and give direction to the Consultant. Bondurant reported
she would be setting up a meeting within the next two weeks with the TAC.
6. NEW BUSINESS — None.
REPORT
a. Commission Chair — Knackstedt had no report.
b. Airport Manager — Bondurant reported on the annual snow removal meeting;
the October 17 full scale mass casualty drill; attending the NWAAAE meeting;
and, interviewing winter hires.
C. City Council Liaison — Marquis reported on the past several council meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION — November 14, 2013
Commissioner Zirul requested an excused absence from the November 14 meeting.
9. COMMISSIONER COMMENTS AND QUESTIONS
Zirul noted since the availability of FAA was changing he suggested using airport reserve funds
to develop lease lots for hangars.
10. PERSONS NOT SCHEDULED TO BE HEARD
Susan Bradley — Ms. Bradley reported topping of trees had affected their property, but planting
of new trees helped. Wind and noise has substantially increased; going to be snowed in this
winter; where is the project now, as they cannot move forward with their projects until they
know.
Virginia Shook — Ms. Shook reported on noise, wind and dust had increased since the project;
can the airport contact the military and prohibit them from practicing at the airport after 10:00
P. M.
Les Bradley — Mr. Bradley requested a time frame for the tree removal project; stage I is done,
needs to know status of the project for remaining trees.
11. INFORMATION ITEMS
a. July and August 2013 Enplanements
b. August and September 2013 Airport Manager's Report
Page 44 of 94
C. 2009 -2013 Float Plane Basin Activity
d. US Contract Tower Association Newsletter
12. ADJOURNMENT
MOTION:
Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:13
p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 45 of 94
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 46 of 94
KENAI HARBOR COMMISSION MEETING
OCTOBER 7, 2013 — 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PHIL MORIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Morin called the meeting to order at 7:01 p.m. Roll was confirmed as follows:
Commissioners present: Chair P. Morin, B. Osborn, W. Nelson, R. Peters
Commissioners absent: V. Askin, T. Thompson
Staff /Council Liaison present: Public Works Director S. Wedemeyer, Council Member
R. Molloy
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Osborn MOVED to approve the agenda and Commissioner Peters SECONDED
the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY — July 8, 2013
MOTION:
Commissioner Peters MOVED to approve the meeting summary of July 8 and Commissioner
Nelson SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Courtney Stroh -- ROC the Kenai — 2013 Dip Net Season
Ms. Stroh reviewed her work with the ROC the Kenai project and showed a short video on the
summer's events.
5. UNFINISHED BUSINESS — None.
6. NEW BUSINESS
a. 2013 Dip Net Fishery Update
Wedemeyer reviewed the 2013 dip net fishery and related topics.
7. REPORTS
a. Public Works Director — Wedemeyer noted the special use permit and dip net
report.
Page 47 of 94
b. Commission Chair — Morin suggested officially recognizing the ROC the Kenai
project and discussed bank erosion near Warren Ames Bridge.
C. City Council Liaison — Molloy reported on several past council meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION — November 11, 2013
Commission requested moving the next meeting from November 11 to November 25, 2013.
9. COMMISSIONER COMMENTS /QUESTIONS — None.
10. PERSONS NOT SCHEDULED TO BE HEARD — None.
11. INFORMATION
12. ADJOURNMENT
MOTION:
Commissioner Osborn MOVED to adjourn and Commissioner Peters SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:15
p. M.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 48 of 94
KENAI PARKS & RECREATION COMMISSION
OCTOBER 3, 2013 — 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR AL HULL, PRESIDING
MEETING SUMMARY
CALL TO ORDER & ROLL CALL
Chair Hull called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: Chair A. Hull, C. Stephens, J. Beeson, R. Tunseth,
J. Jackman, N. Widmayer
Commissioners absent: E. Castillo
Staff /Council Liaison present: Parks and Recreation Director R. Frates
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Stephens MOVED to approve the agenda and Commissioner Widmayer
SECONDED the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY — August 1, 2013
MOTION:
Commissioner Beeson MOVED to approve the August 1 meeting summary and Commissioner
Stephens SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD — None.
5. UNFINISHED BUSINESS
a. Beaver Creek Park — Playground Planning
Frates reviewed information from the September work session at Beaver Creek Park and
general discussion occurred. Commissioners reviewed six examples of playground equipment.
Frates reported he would bring back more information to the next meeting.
6. NEW BUSINESS
REPORTS
Parks and Recreation Director — Frates reported summer ice season was
successful; crews are winterizing parks and the trail construction season is
ending.
b. Commission Chair -- None.
Page 49 of 94
C. City Council Liaison — None.
8. NEXT MEETING ATTENDANCE NOTIFICATION —December 5, 2013
No commissioners requested an excused absence from the December 5 meeting.
9. COMMISSION QUESTIONS & COMMENTS — None.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD —None.
11. INFORMATION —None.
12. ADJOURNMENT
MOTION:
Commissioner Stephens MOVED to adjourn and Commissioner Jackman SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:15
p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 50 of 94
KENAI BEAUTIFICATION COMMITTEE
OCTOBER 8, 2013 — 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PRO TEMPORE TRICIA CANADY, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Pro Tempore called the meeting to order at 7:10 p.m. Roll was confirmed as follows:
Members present:
Members absent:
Staff /Council Liaison present:
No quorum was present.
2. AGENDA APPROVAL
3. APPROVAL OF MEETING SUMMARY
a. May 14, 2013
b. September 16, 2013
4. PERSONS SCHEDULED TO BE HEARD
5. UNFINISHED BUSINESS
6. NEW BUSINESS
a. 2014 Flowers and Bed Designs
7. REPORTS
a. Parks & Recreation Director
b. Committee Chair
C. City Council Liaison
8. NEXT MEETING ATTENDANCE NOTIFICATION — January 14, 2014
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 7:12 p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 51 of 94
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Page 52 of 94
To:
From
/ Date:
Subject:
V
FINANCE DEPARTMENT QUARTERLY EXPENDITURE
Rick Koch, City Manager
Terry Eubank, Finance Director
October 31, 2012
Quarterly Financial Report
REPORT — September 2013
Attached is a relatively easily produced quarterly financial report for the General Fund, Personal
Use Fishery Fund, Airport Fund, and Water /Sewer Fund as of September 30, 2013.
This report is essentially on a cash basis, so there are accounts that may not look reasonable.
In the General Fund for example, sales and property tax revenue only includes payments made to
the City by the Borough through September. The third calendar quarter 2013 sales tax filings
and tax payments are not in at this point and we will not be received for this quarter until the end
of October or early November.
State and Federal is below budget in all funds because of PERS aid. The State doesn't actually
give us any money. Instead they make an `on- behalf payment to the pension system. Similarly
we have not booked expenditures for the PERS the State is covering, so the Non - Departmental
department is way under budget. At year -end we will record revenue and expenditures for these
items.
Page 53 of 94
Quarterly General Fund
Expenditure Report
For Quarter Ended September 30, 2013
Original'
Note: The original budget includes outstanding encumbrances at 613 012 01 2.
Page 54 of 94
FY2013
FY2014
Amended
YTD
Actual
Buda et
Budget
Actual
Variance
i
REVENUES
Appropriation of Fund Balance
$ -
$ 813,783
$1,074,642
$ -
$ (1,074,642)
0.00%
Taxes
9,501,209
9,958,255
9,958,255
3,199,954
(6,758,301)
32.13%
Licenses /Permits and Ambulance
546,419
477,500
477,500
165,988
(311,512)
34.76%
State /Federal
2,184,913
1,802,704
1,762,058
493,275
(1,268,783)
27.99%
Dock/Multipurpose /Miscellaneous
169,886
96,500
96,500
42,468
(54,032)
44.01%
Fines and Forfeitures
105,036
101,000
101,000
16,578
(84,422)
16.41%
Interest and Miscellaneous
545,495
433,569
433,569
156,952
(276,617)
36.20%
Transfers /Central Admin Fees
1,431,168
1,640,286
1,640,286
449,750
(1,190,536)
27.42%
Total Revenues
14A84.126
15.323.597
15.543.810
4.524.965
(11.018.845)
29.11%
EXPENDITURES & TRANSFERS
General Government
01 City Clerk
$ 221,637
$ 254,349
$ 254,349
$ 63,453
$ 190,896
75.05%
11 Legislative
156,288
175,253
175,253
44,979
130,274
74.33%
12 Legal
296,729
313,428
313,428
71,424
242,004
77.21%
13 City Manager
435,382
408,303
411,400
99,138
312,262
75.90%
15 Finance
583,897
632,223
632,223
163,106
469,117
74.20%
16 Land Administration
21,478
18,206
18,206
893
17,313
95.10%
18 Non - Departmental
1,214,767
1,297,839
1,297,839
204,683
1,093,156
84.23%
19 Planning and Zoning
224,623
267,504
267,504
50,305
217,199
81.19%
20 Safety
5.683
7.825
7.825
-
7.825
100.00%
Total General Government
3.160.484
3.374.930
3.378.027
697.981
2.680.046
79.34 °h
Public Safety
21 Police
2,796,282
3,011,493
2,879,317
693,323
2,185,994
75.92%
22 Fire
2,706,848
2,984,170
2,984,170
692,439
2,291,731
76.80%
23 Communications
707,317
611,078
811,078
186.114
624,964
77.05%
29 Animal Control
325.706
361.578
361.578
137.695
223.883
61.92%
Total Public Safety
6.536.153
7.168.319
7.036.143
1.709.571
5.326.572
75.70%
Public Works
31 Public Works Administration
160,198
176,575
176,575
37,764
138,811
78.61%
32 Shop
658,649
687,450
687,450
127,481
559,969
81.46%
33 Streets
875,287
1,006,141
1,006,141
116,220
889,921
88.45%
34 Buildings
380,836
413,370
571,820
95,079
476,741
83.37%
35 Street Lighting
121,533
147,909
147,909
18,678
129,231
87.37%
36 Dock
118,703
98,982
98,982
9,070
89,912
90.84%
Total Public Works
2.315206
2.530.427
2.688.877
404.292
2.284.585
84.96%
Parks and Recreation & Culture
03 Visitor Center
177,004
185,303
185,303
29,369
155,934
84.15%
40 Library
779,783
831,585
832,785
194,503
638,282
76.64°/
45 Parks, Recreation & Beautification
1.185.403
1.088.699
1.166.297
233.565
932.732
79.97%
Total Parks and Recreation & Culture
2.142.190
2.105.587
2.184.385
457.437
1.726.948
79.06%
Total Operating Expenditures
14.154.033
15.179.263
15287.432
3.269,281
12.018.151
78.61%
Transfer to other funds
Senior Citizen
93,656
-
-
-
-
-
Vintage Pointe Capital Project Fund
-
112,044
112,044
Dock Float Replacement Capital Proj.
30,000
-
-
-
-
-
New City Shop Capital Project
2,000,000
Information Technology Capital Proj.
120,000
-
-
_
-
-
Debt Service
_ 138.315
144.334
144.334
-
144.334
100.00%
Total Transfer to other funds
2.381.971
144.334
256.378
112.044
144,334
56.30%
Total Expenditures & Transfers
16.536.004
15.323.597
15.543.810
3.381,325
12.162.485
78.25 ° /,
Net Revenues over(under) Expenditures
$ 2,051,878)
$
$
$ 1,143,640
$ 1,143,640
Note: The original budget includes outstanding encumbrances at 613 012 01 2.
Page 54 of 94
Quarterly Personal Use Fishery Fund
Expenditure Report
For Quarter Ended September 30, 2013
Original'
Page 55 of 94
FY2013 FY2014
Amended
YTD
Actual Budget
Budget
Actual
Variance
;(p
Revenues
Beach Parking
$ - $ 300,640
$ 300,640
$269,226
$ (31,414)
- 10.45%
Beach Camping
- 62,850
62,850
64,838
1,988
3.16%
Dock Launch & Park
- 85,275
85,275
91,434
6,159
7.22%
Dock Parking Only
- 27,195
27,195
14,687
(12,508)
45.99%
PERS Grant
7,192
7,192
(7,192)
- 100.00°
Total Revenue
483,152
483,152
440,185
42,967
-8.89%
Expenditures
Public Safety
$ - $ 110,862
$ 106,812
$ 92,609
$ 14,203
13.30%
Streets
- 68,460
68,460
42,130
26,330
38.46%
Boating Facility
112,489
112,489
71,406
41,083
36.52%
Parks, Recreation & Beautification
191,341
195,391
156,866
38,525
19_72%
Total Expenditures
483,152
483,152
363,011
120,141
24_87%
Contribution Tol(From) Fund Balance:
- -
-
77,174
77,174
Beginning Fund Balance
-
-
-
Ending Fund Balance
$ $
$
$ 77,174
$ 77,174
Page 55 of 94
REVENUES
Appropriation of Fund Balance
Stale /Federal
Interest, Leases & Fees
Terminal Revenues
Landing Fees
Transfers In
Total Revenues
EXPENDITURES & TRANSFERS
Terminal Area
Airfield
Administration
Other Buildings & Areas
Training Facility
Total Expenditures
Transfer to other funds
Airport Improvement Capital Projects
New City Shop Capital Project
Total Transfer to other funds
Total Expenditures & Transfers
Net Revenues over Expenditures
Quarterly Airport Fund
Expenditure Report
For Quarter Ended September 30, 2013
$ 131,339 $ 228,851 $ (149,845) $ 335,979 E 186,034
Note: The original budget includes outstanding encumbrances at 613012012.
Page 56 of 94
Original'
FY2013
FY2014
Amended
YTD
Actual
Buda et
Bud oet
Actual
Variance
Y2
$
$ -
$ -
$ -
$
$DIV /0!
61,211
71,943
71,943
-
(71,943)
0.00%
818,080
903,248
903,248
335,754
(567,494)
37.17%
653,850
670,843
670,843
177,706
(493,137)
26.49%
309,572
336,011
336,011
79,677
(256,334)
23.71%
1,031,773
1,090,572
1,090,572
(1,090,572)
0.00%
2.874.486
3.072.617
3.072.617
593.137
(2.479.480)
19.30%
$ 581,944
$ 676,552
$ 671,652
$ 119,567
$ 552,085
82.20%
1,556,870
1,880,382
1,680,382
334,446
1,345,936
80.10%
316,735
315,119
320,019
72,042
247,977
77.49%
120,233
137,049
137,049
22,763
114,286
83.39%
41.980
34.664
34.864
1502
33.162
95.67%
2.617.762
2.843.766
2.843.766
550.320
2.293.446
80.65%
125,385
-
8,206
8,206
-
0.00%
370,590
370,590
0.00%
125.385
378.796
378,796
-
0.00
2.743.147
2.843.766
3.222.562
929.116
2.293.446
71.17
$ 131,339 $ 228,851 $ (149,845) $ 335,979 E 186,034
Note: The original budget includes outstanding encumbrances at 613012012.
Page 56 of 94
REVENUES
Appropriation of Fund Balance
State /Federal
Water /Sewer Fees
Penalty and Interest
Interest and Miscellaneous
Total Revenues
EXPENDITURES & TRANSFERS
Water
Sewer
Wastewater Treatment Plant
Total Expenditures
Transfer to other funds -
Water & Sewer Capital Projects
Total Transfer to other funds
Total Expenditures & Transfers
Net Revenues over Expenditures
Quarterly Water Sewer Fund
Expenditure Report
For Quarter Ended September 30, 2013
Note: The original budget includes outstanding encumbrances at 613 012 01 2.
Page 57 of 94
Original'
FY2013
FY2014
Amended
YTD
Actual
Budget
Budget
Actual
Varlanc e
%
$ -
$ 158,427
$ 158,427
$ -
$ (158,427)
0.00%
71,316
74,848
74,848
-
(74,848)
0.00%
2,153,112
2,377,809
2,377,809
618,538
(1,759,271)
26.01%
36,058
35,000
35,000
11,406
(23,594)
32.59%
(57)
14,953
14,953
(274)
15,227
-1.83%
2.262.429
2.661.037
2.661.037
629.670
(2.031.3671
23.66%
$ 706,470
$ 843,116
$ 843,116
$ 163,105
$ 680,011
80.65%
394,031
533,905
533,905
76,052
457,853
85.76%
868.969
1.060.516
11060.516
201.650
858.866
80.99°%
1.969.470
2.437.537
2.437.537
440,807
1.996.730
81.92q
135,000
223,500
223,500
-
223,500
135.000
223.500
223.500
223.500
2.104.470
2.661.037
2.661.037
440.807
2.220.230
83.43%
$ 157,959
$
$
$ 188,863
$(4,251,597)
Note: The original budget includes outstanding encumbrances at 613 012 01 2.
Page 57 of 94
P l
the
V
TO: Rick Koch, City Manager
1 %FROM: Terry Eubank, Finance Director
7 DATE: October 30. 2013
FINANCE DEPARTMENT
QUARTERLY INVESTMENT REPORT
September 2013
SUBJECT: Quarter ending September 30, 2013 Investment Report
City of Kenai Investment Portfolio
At September 30, 2013 the City had investments with a market value of $17,791,546 that is up
from $17,099,401 at June 31, 2013. The City's portfolio is yielding 0.43% that is down from
0.45% at June 31, 2013. Market interest rates continue at historic lows.
Citv's Investment Portfolio
US Agency Securities $ 8,431,230
AML Investment Pool 1,161,926
Wells Fargo Money Market 3,452,498
FDIC Insured Certificates of Deposit 4,171,377
Bank Balance 574.515
Total $ 17.791.546
Permanent Fund Investments
The third quarter 2013 saw equity markets continue to rise and the fixed income markets to
stabilize after speculation by the Federal Reserve that fueled market declines in June 2013.
Stabilization of the fixed income portion once again reduced short term interest rates allowing
recovery of some of the market value losses recorded at the end of FY2013. Since inception
the portfolio has returned 10.37% and in the last year the portfolio has returned 11.06°/x. As of
September 30, 2013 the portfolio value was $25,791,540, comprised of $23,000,895 (89.18 %)
Airport Land Sale Permanent Fund (ALSPF) and $2,790,645 (10.82 %) General Land Sale
Permanent Fund (GLSPF) monies.
Page 58 of 94
CITY OF KENAI
INVESTMENT PORTFOLIO SUMMARY
September 30, 2013
Cash & Cash Equivalents
Wells Fargo Checking
Wells Fargo Secured Money Market
FDIC Insured Certificates of Deposit
Alaska Municipal League Investment Pool
Total Cash & Cash Equivalents
Government Securities
Maturities Less than 1 Year
Maturities 1 to 2 Years
Maturities Greater than 2 Years
Total Government Securities
Total Portfolio
Investment Portfolio - Purchase Price
$ 16,966,931
Investment Portfolio - Fair Value 06/30/13
16,854,423
Fair Value Adjustment - 06/30/12
(112,508).
Fair Value Adjustment - 09/30/13
40,567
Cummulative Change in Fair Value
$ /71.94111
September 30, 201
Fair Market
Value
$ 574,515
3,452,498
4,171,377
1.161,926
9,360,316
3,003,600
5,427,630
8,431,230
$ 17,791,546
Current
Yield
0.01%
0.07%
0.64%
0.31%
Average
R1
Portfolio Liquidity
$12.000.000
88.000.000
$x,000.000
$0
Liquidity 20% Kin.. Maurilyi -2yeam Maun"uer2 yearn
30% Maximum
a POary MlnmuMMeaimem IlAOlual
Page 59 of 94
CITY OF KENAI
INVESTMENTS
9/30/2013
SECURITY
FHLMC 0.30 3121/14
FNMA 1.0 9/20/17
FNMA 0.80 2128118 Step 9115 1.6%
FNMA 0.75 04/30/18 Step 10/15 1.5%
FNMA U.55 12/27117 Step 12114 0.76,12/15
0.85, 6/16 1.0,12/16 1.5, 6/17 3.0
TOTAL
FDIC Insured CD's
0.75 Ally Bank UT 5/2/14
0.4 FITB 4110/14
0.50 Apple Bank Savings 5/23/14
0.70 BMW Bank of NA 5/16/14
0.45 BOBIN 12/27/13
0.60 Bank of China NY 5/23114
0.55 BSVBK 12/11/13
0.75 Discover Bank 519114
0.6 FIRALL 07/16/14
0.90 FBP 8124/14
0.75 GE Capital 4/14/14
0.75 Goldman Sachs 5/9/14
0.4 MIZUHO 01/09/14
0.70 SAFRA 515/14
0.90 SALLMA 8/29/14
0.8 SBIIN 11/21/14
0.50 SNV 12/29/14
TOTAL FDIC Insured CD's
WELLS MONEY MKT
AML POOL - City ACCT
WF Cash
TOTAL
CITY OF KENAI
Investments 09 -30 -13 COK
Expected Call
or Maturity CUSIP original cost
3134G3NS5 2,996,360
3135GOPP2 2,014,104
Current year cost or
06130113
09/30/13
Unrealized Gain
Market Value
Market Value
or Loss
3,002,820.00
3,003,600.00
780.00
1,954,740.00
1,984,820.00
30.080.00
3136G1 D97
1,000,022
984,240.00
977,430.00
(6,810.00)
3136G1K81
1,000,000
978,560.00
982,840.00
4,280.00
3136G16W 4
1,500,000
1,470,720.00
1,482,540.00
11,820.00
8,510,486.66
8,391,080
8,431,230.00
40,150.00
0200SOD67
245,000
245,661.50
245,583.10
(78.40)
316777KJ9
245,000
244,600.65
244,808.90
208.25
037830KZ8
245,000
245,737.45
245,683.55
(53.90)
05568PW60
245,000
245,590.45
245,561.05
(29.40)
060624VA8
245,000
244,879.95
244,970.60
90.65
06425HU46
245,000
245,649.25
245,619.85
(29.40)
07370VTP3
245,000
245,017.15
245,022.05
4.90
254671AO3
245,000
245,659.05
245,595.35
(63.70)
29976DQO6
245,000
244,723.15
244,970.60
247.45
33764JKG9
245,000
245,637.00
245,649.25
12.25
36157OBK2
245,096
245,254.80
245,257.25
2.45
38143ASDB
245,000
245,220.50
245,286.65
66.15
60688THR3
245,000
245,159.25
245,110.25
(49.00)
786580L40
245,000
245,661.50
245,588.00
(73.50)
795450PB5
245,000
245,467.95
245,514.50
46.55
245,081
245,607.60
31.85
245,000
245,433.65
-
83.30
4,165,176
4,170,961
4,171,377
417
3,452,497.33
3,452.497.33
3,452,497.33
-
1,161,926.28
1,161,926.28
1,161,926.28
-
17, 290, 086.4 7 17,176, 464.46 17, 217, 030.96
574,515.22 574,515.22 574,515.22
17,864,602
Page 60 of 94
17,750,979.68 17,791,546.18
40,566.50
40,566.50
Y
S
CITY OF RENAI
PERMANENT FOND
INVESTMENT PORTFOLIO SUMMARY
September 30, 2013
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Portfolio Performoun e
Page 61 of 94
Currentor
Cament
Fair Market Value
Average
Portfolio
Target Portfollo
3143ec42
31•Mar43
30-Jun-13
30°Sep -13
Yield
Weight
Weight Meadow.
Fixed Ineeme
Cash It Cash Equivalents
Wells Fargo Secured Money Market
162,784
415,471
1,396,218
53D,713
0.07%
2.06%
Total Cash& Cash Equivalents
162.784
415,471
1,396,218
530.713
Government & Corporate Securities
Government Sewrilies
4,661,282
3.935,818
3,292,973
5,182,576
1.24%
20.09%
Corporate Securities
5,745,959
5,637,268
5,293,120
5,092.881
.174%
19.75%
Total Government & Corgi Securities
10,427,241
9,573,086
8,586,093
10,275.457
14511 1
39.84%
Total Fued Income
10,590,025
9,988,557
9,982°311
10.808,170
1.41%
41.90%
45.00%
65.00%
Equities
Domestic Equities
Standard & Profs 500 lnde.
4,905,799
5989,024
5,651,115
5,178,236
2USN.
20.00%
25.00%
Standard& Pools 600 SmaN4:ap khan
1.208,129
1.346,731
1,397,005
1,543,806
5.99%
5.00%
10.00%
Standard 8 Pools 400 Mid -Cap Mde.
2,665,354
3,015,755
2.510.739
2.698.555
10.46%
1,0,9,0@
15.00%
Total Domestic Equities
8,779,282
10,351,510
9.558,869
9.420,597
36.53%
35.00%
50.00%
International Equities
Vanguard Europa PacBsc ETF
2,598,811
2,687,332
2.387,827
2,736,799
10.61%
10.00%
15.00%
Vanguard Emerging Market ETF
1,841,494
1,773,880
1,604,328
1,659,743
Lgi%
5.00%
10.
Total International Equities
4,440,305
4,461,212
3.972,155
4,396,542
17.0s%
1500%
25.00%
Real Estate
Vanguard RE1T ETF
1162,225
1,245,771
1,213.801
1,168,231
4.53%
SW%
10.00%
Total Real Estate
1,162,225
1.245,T l
1,21 &801
1,168,231
4.53%
S.W' /e
]Q,. 0
Total EquWes
14,381,812
16,058,493
14.744,815
14,985,370
Total Portfolio
24.971,837
26,047,050
24,727,126
25.791.540
883%
100.01%
100.00%
150.00%
Total ALSPF Balance
22,257,398
23,215,736
22,051,651
23,000,895
Total GLSPF Balance
2.714,439
2,831,314
2,675,475
2790,645
r
Portfolio Composition
r500A
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Page 61 of 94
Total ALSPF Balance
$24,00,000
$23,000,000 - -.
$22,00,000
$21,000,000 — -
Transferof51,07!
to Airport Operat
$20,000,ODO __ - - - -. - - .. - - -- - - - -
Transfer of $1,011,495
to Airport Operations.
$19,0013,000
$19,000,000 _.—
Transfer of $999,976 to
$17,OOD,000 — _— Airport Opeations.
$16,000,000 ... - - - -- -- — —
$15,000,000 L ,_._T_ —._
Sep-10 Dec -10 Mar -11 Jun -11 Sep-11 Dec 11 Mar -12 Jun -12 Sep -12 Dec -12 Mar -13 Jun43
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
Total GLSPF Balance
5.
lon -Il Sep 11 Dec -11 tsar -1t Jun -12 Sep -12 Dec -12 I%i, ii J,) 11 Sep l3
Page 62 of 94
S U S T A I N A B L E I N V E S T M E N T THINK 1 N G
ALASKA
PERMANENT
APCM
CAPRAL MANAGEMENT
October 9, 2013
Mr. Terry Eubank
Finance Director
City of Kenai
210 Fidalgo Avenue
Kenai, AK. 99611
Dear Terry;
sent via email
Enclosed is our September 2013 report for the Permanent Funds, which includes a portfolio
appraisal and transactions. As this report coincides with the end of a calendar quarter,
performance data is included.
At month -end, the market value of the portfolio was $25,910,670. Based upon the composition
of the portfolio at month -end, the annual cash flow would be $356,539, excluding dividends on
the equity positions.
Any questions call.
Sincerely,
Bert Wagnon
Senior Vice - President
Brandy Niclai, CFA
VP, Portfolio Manager
Page 63 of 94
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Page 64 of 94
Alaska Permanent Capital Management Co.
PORTFOLIO SUMMARY AND TARGET
CITY OF KENAI PERMANENT FUNDS
September 30, 2013
Asset Class & Target
FIXED INCOME (45 %)
US Fixed Income (40.0 %)
Cash (5.0 %)
EQUITY (55 %)
Market Value
10,365,068
560,232
Subtotal: 10,925,300
US Large Cap (20.0 %)
5,178,236
US Mid Cap (10.0 %)
2,698,555
US Small Cap (5.0 %)
1,543,806
Developed International Equity (10.0 %)
2,736,799
Emerging Markets (5.0 %)
1,659,743
Real Estate (5.0 %)
1,168,231
Subtotal:
14,985,370
Assets Range
40.0
2.2
42.2
20.0
10.4
6.0
10.6
6.4
4.5
57.8
TOTAL PORTFOLIO 25,910,670 100
Page 65 of 94
35% to 65%
0% to 10%
15% to 25%
5% to 15%
0% to 10%
5% to 15%
0% to 10%
0% to 10%
Page 66 of 94
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"'K V 114�e with a Past, Ct � with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and City Councilors
FROM: Scott M. Bloom, City Attorney
DATE: October 31, 2013
SUBJECT: Funding for the 2014 International Municipal Attorney's
Association Conference in Anchorage
The International Municipal Lawyers Association is holding its mid -year conference in
Anchorage, May 17 through May 20 next year. It is expected that at least 250 attorneys will be
attending, and many will be bringing their families with them. The Municipality of Anchorage
has contacted the City along with other Alaskan Municipalities requesting funding support.
Possible benefits to the City include conference attendees and their guests traveling to the City
for various activities along with the opportunity for intensive municipal law training without
having to leave the State. The Kenai Peninsula Borough has committed to providing $1,688 in
funding if the City of Kenai and the City of Soldotna will each contribute $1,666 each, for a total
contribution of $5,000 from the central Peninsula. The City of Soldotna has not yet confirmed
whether they will provide funds. Pooling of funds is intended to allow the respective
municipalities to jointly sponsor an activity or event. Please let me know if the Council is
interested in providing the funding. If so, I will proceed with the next steps in the process.
Y: \City Cowicil\Memomndums \103113 Funding for'14 IMAA.docx
Page 75 of 94
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Page 76 of 94
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Page 78 of 94
MRS. SUE C. CARTER
Post Office Box 212
Kenai, Alaska 99611
Telephone: 907 - 283 -9272
Email: scarter@acsalaska.net
October 23, 2013
Sandra Modigh, City Clerk
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Dear Sandra:
Though recently appointed to the Kenai Library Commission, and after discussions
with former members and by attending a meeting, I find that it would be best to
resign my position and direct my efforts elsewhere. It appears the "work of the
Library Commission' has been diminished as evidenced by the wonderful
completion of the recent Library expansion project in which they were so involved.
Also, in discussions with Mary Jo Joiner, I feel that I might be better able to assist in
"recharging" the Friends of the Library who offer many benefits to the Kenai
Library through their memberships and 501(c)3 designation.
I thank you and the City for giving me this opportunity to participate in my
community and I shall continue my support in any way that I might benefit the City
of Kenai.
Sincerely,
/ LLB
Sue Carter
Page 79 of 94
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Page 80 of 94
PENINSULA CLARION
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received to vacate a portion of Highland Way within
the City of Kenai. Area under consideration is described as follows:
A. Location and request: Vacate a portion of Highland Way, a 20 -foot right -of -way adjacent to Lots 4,
5 and Lots 9 through 15 Block 16, and any associated utility easements dedicated by Townsite of
Kenai Alaska U.S. Survey 2970; also shown on Original Townsite of Kenai Tomrdle Replat (Plat
KN 2006 -120); within Section 5, Township 5 North, Range 11 West; Seward Meridian, Alaska,
within the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2013 -150.
B. Purpose as stated in petition: The reason for vacating the ROW is so that the 7 parcels that are
owned by American Legion Post #20 can be combined into one parcel. This will allow remodeling
of the building and better use of the land as well as tax savings.
C. Petitioner( s): Gary L. Fischer for the American Legion Post #20 of Kenai, Alaska.
Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Tuesday,
November 12, 2013 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be
held in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Administration
Building, 144 N. Binkley Street, Soldotna, Alaska 99669.
Anyone wishing to testify may come to the above meeting to give testimony or may submit a written
statement to the attention of Sylvia Vinson - Miller or Maria Sweppy, Kenai Peninsula Borough Planning
Department - 144 N. Binkley Street - Soldotna, Alaska 99669. The Planning Department recommends that
written comments be received by Friday, November 8, 2013 [written comments may also be sent by Fax
to 907 - 714- 2378).
If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that
decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning
Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of
the Alaska Rules of Appellate Procedure.
For additional information contact Sylvia Vinson - Miller or Maria Sweppy, Planning Department, 714 -2200
(1- 800 -478 -4441 toll free within Kenai Peninsula Borough).
Paul Voeller
Platting Officer
pvoeller@borough.kenai.ak.us
PUBLISH (Thursday October 31, 2013)
In accordance with Chapter 20 of Borough Codes,
all property owners within 3011 -foot radius must be
notified of the proposed vacation. According to
Borough records, you are an owner of property
within that radius; or you are an affected party.
RECEIVED
CITY OF KENAI
OCT 2 3 1013
PLANNING DEPARTMENT
Page 81 of 94
RECOWED
AUG 19 2013
KENAI PENINSULA BOROUGH
PLANNING DEPARTMENT
w Kenai Peninsula Borough Planning Department
144 North 610k1ey
Soldolna, Alaska 99669.7999
Toll free within the Borough 1.600- 478 -4441, extension 2200
(907) 714 -2200
Petition to Vacate Public Right -of -Way / Section Line Easement
Public Hearing Required
Upon receipt of complete appiicattun with fees and all required attachments; a Public hearing before 0ie Planning
Commission will be scheduled. The petition with all required Infonnaton and attachments must be in the Planning
Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing
must be scheduled within 60 days of receipt of complete application.
0 Fees - $500 non - refundable fees to help defray costs of advertising public hearing. Plat fees will be In addWon to
vacation fees.
City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City
Staff Report. (alley Way (
Highland Name of public right -of -way proposed to be vacated Is HI 9 Y wa y) ; dedicated by plat of
Subdivision, filed as Plat No. in Recording District.
V Are there associated utility easements to be vacated? Wes =No
w Are easements in use by any utility company, if so which? �o
Easement for public road or right -of -way as set out In (specify type of document) as recorded In
Book Page of the RecoA Dlstdct (Copy of recorded document must be
submitted with petition.)
Section Line Easement. Width of easement must be shown on sketch.
Submit three copies of plat or map showing area proposed to be vacated. Must not exceed ttx17 Inches In size,
In the case of public right-of -way the submittal must include a sketch showing which parcels the vacated area will be
attached to. Proposed alternative dedication is to be shown and labeled on the sketch.
Has right -of -way been fully or partially consWcted? es ONO
Is right -of -way used by vehicles 1 pedestrians / other? Res es 0
Has section line easement been constructed? as o
Is section One easement being used? o
Is alternative right -of -way being provided? QYes No
The petitioner must provide reasonable justification for the vacation. Reason for vacating:
The reason for vacating the ROW is so that the 7 parcles that are owned by American Legion Post #20 can be combined
into one parcel. This will allow remodeling of the building and better use of the land as well as
tax savings.
The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of the
right- of-way or section line easement proposed to be vacated. Each must include address and legal description of his /
her property. _
Submitted by: Signature G As OPetitionerE]RepreseMative
Name Scott Huff - Integr ty urveys
Address 620 Set Net Dr.
Kenai, AK 99611
Phone 2B3 -9047
Petitioners:
Signature
Name lnAlr'i- +%�lsG%iEi
Address 902 Cook Ave.
Kenai, AK 99611
Owner of Lots 12A, 1, 2, 4 -11 Bilk 16
Signature
Name
Signature
Name
Address
Owner of
signature
Name
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rage 00 01 a,+
Corene Hall
From: Pierce, Yvonne M. [Yvonne. Pierce @acsalaska.com]
Sent: Tuesday, October 08, 2013 5:51 PM
To: Corene Hall; Connie Jung; Holly Tuttle; Lisa Gabriel; Mayor Porter; Peggy Baxter, Sandra
Modigh; Tricia Canady; Pierce, Yvonne M.
Subject: RE: October 8 Packet
I will not be able to make the meeting tonight. And it is probably better if I resign from the committee as my
job has demanded more travel then I originally hoped for. I have enjoyed my time with all of you.
Sent from Samsung Mobile
Vonnie Pierce
Client Account Manager
888 - 260 -8650
907 - 260 -8607
907 - 398 -3068
-- - - - - -- Original message -- - - - - --
From: Corene Hall <challna,ci.kenai.ak.us>
Date: 10/01/2013 3:23 PM (GMT-09:00)
To: Connie Jung <cjungna wildbear.net >,Holly Tuttle <Holly.thirteen e me.com >,Lisa Gabriel
<gabriell ,alaska.net >,Mayor Porter <kenaima, oy r10na-msn.com >, Peggy Baxter
<mlbax@acsalaska.net >, Sandra Modigh <smodi h r,ci.kenai.ak.us >,Tricia Canady
<triciakenaing acsalaska .net >, "Pierce, Yvonne M." <Yvonne.Pierceaa�acsalaska.com>
Subject: October 8 Packet
You may access the packet for the October 8 Beautification Committee meeting at the following link:
http: / /www.ci.kenai.ak.us /commissions /beautification committee packet.pdf
Corene Hall
Deputy City Clerk
210 Fidalgo
Kenai, AK 99611
907 - 283 -8231
chall@)ci.kenai.ak.us
This I, ansmittal may contain confidential information intended solely for the addressee. If you are not the intended recipient, you are hereby notified that you have
received this tranwnittal in error; any review. dissemination, distribution or copying of this transmittal is strictly prohibited. If you have rocewed this communication
in error, please notify us immediately by reply at by telephone at 907 - 297.3000 and ask 10 speak with the message sender. In addition, please immediately delete
this message and all attachments. Thank you. Alaska Communications
Page 87 of 94
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Page 88 of 94
NOTICE OF PUBLIC HEARING
NOVEMBER 6, 2013
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following
Ordinance(s) and /or Resolution(s) on the above -noted meeting date.
1. Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the
Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the
Amount of $10,000 from the Friends of the Kenai Community Library and
$1,000 from the Totem Tracers Genealogical Society for the Purchase of
Equipment and Furnishings at the Library.
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.
Pleas a advised; subject to legal limitations, ordinances and /or resolutions may be amended
by t e Council prior to adoption without further public notice.
AA OKI
San ra M dig , CMC vU
City Cte
Posted: November 1, 2013
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE NOVEMBER 6, 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.
Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the Rasmuson Foundation
in the Amount of $21,376 and Matching Funds in the Amount of $10,000 from the Friends of the
Kenai Community Library and $1,000 from the Totem Tracers Genealogical Society for the
Purchase of Equipment and Furnishings at the Library.
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.
(2 JL44�
Corene Hall, CMC, Deputy City Clerk
Posted: November 7, 2013
General Topic Specific Question Council on Aging
A. Duties and 1. What are the Duties and Advise the Director of Senior Citizen Programs
Responsibilities Responsibilities of your Group7 on matters dealing with the budgets for senior
programs and programs operated at the Senior
2. Should duties /responsibilities be
added, deleted, or better described?
3. Should some functions be
assigned to subcommittees?
B. Establishment 1. Should all groups be established
code with separate but similar
operating procedures or by -laws?
2. Are there certain groups that
should be eliminated or merged?
3. If some are merged should they
be renamed?
4. Should all groups be titled as
committees except for Planning &
Zoning?
5. Does the City have too many
commissions and committees?
C. Memberships 1. Should the number of members
your body be reduced?
2. Should all members be required
to be Kenai residents?
3. If groups are merged how would
the members be determined?
D. Meeting 1. Should the frequency of meetings
Schedules be changed?
No.
No.
, operating [procedures and /or by -laws
uld be in policies adopted by
emission /Council and not in code.
Don't know.
Don't know.
No.
Don't know.
[me
No. Members should be required to reside
within the Kenai Senior Center's service area.
Don't know.
No. Council members want to have monthly
meetings.
Beauti
the Dire(
tion Dep;
ication tl
Make s
s and cal
1,11101
Yes.
Don't know.
Don't know.
No. It should be
Commission. Cc
subcommittees
Commissions if
Don't know.
No.
No, but the maj
Kenai residents.
Don't know.
(. The Beautif
sed on the nE
;anize, April a
autification tl
3nting, Augus'
rdens and otl
October to di
ograms and a
,ector in sele(
Page
!cation Committee I Planning & Zoning Commission I Library
:he Beautification Yes No - would like to
meet at the library
lifference between the two
eautification Committee,
ias not been an issue. If a
rver 30 % -40% of the
ould probably be replaced.
Director should be notified,
!form the Chair and the
self- executing.
act Bob. No
ification Committee. Don't
rs.
) of 94
Preferred to have it removed
from code and place in
policy /advanced reasonable
notice - excused /cannot miss
more than 3 unexcused or a tota
of 33% or of meeting per 12
month period with an exception
for extreme circumstances - per
regular meetings
E.1
E.1
see E.1
see E.1
see E.1
)ut former policy back in place.
3oth and include social media
and created by policy
notice =
fhe body based on
)olicy
Mould like to the
)ody to make
ietermination based
)n circumstances
idvanced notice of
absence no later than
=riday before the
neeting
Airport Commission
remain at 7p
notification
not a pubic discussion and
havediscussion w/ person
3 absences or more consecutive
would trigger an agenda item for
Body discussion
iot considering emergency
situations, at least a week prior
No NO
Remain as is san
for all groups -- as is for
terrain as is (both and social media -- see if ads
are included in electronic
General Topic
Specific Question
G. Council
1. What are the duties of the Council
Liaison /Ex-
Liaison /Ex- Officio /Recorder
Officio /Recorder
2. Is it helpful to have these persons
attend the meetings?
3. Should their duties and roles
expand, contract, or stay the same?
H. Agendas and 1. Should the order of business on all
Packets bodies agendas be identical?
2. Should meeting material be
uploaded to website and be
circulated only electronically?
I. Annual Training 1. Would you like annual training?
2. What topics would be most
helpful?
Council on Aging
To facilitate communication between the City
Council & Council on Aging, answer questions.
Keep records of meetings.
Yes.
Stay the same.
Yes.
No, we like paper meeting material.
Yes, sky- diving and motorized hang - gliding
Not necessarily on an annual basis, but it is
helpful to receive training on how to run a
meeting.
Beauti
wide status L
Commission an(
Bob does a goof
Yes.
Stay the same.
Yes.
No, we like papa
Can't think of ar
necessary. If spe
valuable they w
opportunities.
Can't think of ar
Page!
tees
2 of 94
General Topic Specific Question
P &R
Harbor
2. Should all be required to be at
no -- but comfortable meeting there
yes, or library
City Hall.
for the P &R commission
E. Attendance 1. What is an excused versus an
advanced notice
one month notice for ex(
unexcused absence?
2. Is retaining that distinction
no
valuable?
3. Should the body handle absences
body or self excuting
body or self excuting , 2 L
or should that fall to the clerk (with
specific direction) or the Council?
4. Do a certain number of absences
33% in 12 month period -no advanced
require removal from the body? If so
notice is different from absence
who makes that determination?
5. What notice should a member
any advanced notice
provide if they cannot attend and
should notice requirements be
different if an absence is excused or
unexcused?
F. Recruitment and 1. Would reduction in the number of
yes
no
Retention of bodies help in member recruitment?
Committee
Members
2. Should the recruitment of bodies
be consistent?
3. Should the City advertise
vacancies in the newspaper or only
on the city website?
Page f
PUBLISHER'S .f_
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-
r<wauwAr
A. PALL 71
S. SCHEDI
C' (10) mint
UH CHE
three (3) ,
D. Pllnnn
AVIT
KENAI CITY COUAGENDA _ REGULAR MEETING
NOVEMBER 6, 2013 – 7:00 p M
KENAI CITY COUNCIL CHAMBERS
(Public comment limited to ten
fS (Public comment limited to
=�n;1nG5 minutes aggregated)
1.o'Ordlo minutes taggregated) ed to three (3) minutes par
from the No. 2725.2013 – Accepting and Appropriating a Grant
paper of general circulation and published g Ra Funds in the Foundation in the Amount of $21,376 and
Matchin Fun
Kenai community Amount $ $100 Ir from the Friends of the
at Kenai, Alaska, that the Genealogical y Library and $1,000 from the Totem Tracers,
Furnishings lt thecieroryor the Purchase
Council Agenda E. MINUTES Of Equipment and
PO #102336 F-
1 *Regular r Meeting Of October 16, 2013
G
UNFINISHED BUST ESS – None
EW B�NESS
a printed copy of which is hereto annexed was 1 'Aetlon /Approval
published in said paper one each and
every day for one successive and
consecutive day in the issues on the
following dates:
2013
SUBSCRIBED AND SWORN to me before
NOTARY PUBLIC in favor for the
State of Alaska.
My Commission
RUss4
�P
NOTARY
tll PUBLIC
N OF N-)
2• 'ActionIA – Bills to be Ratified
3.'Action /Approval– purchase Orders Exceeding $15000
Safety proval – Ratifying a Settlement with 'Occupational
y and Health Administration (OSHA).
4 ompany four fhel –Special Use Permit to CONAM Construction
Premises to Support the Buccaneer an ACCO Trailer on the
5. Ordinance No. 2726.2013 _ neer Pipeline Project.
in the Municipal Roadway Reappropriating State Grant Funds
the Water, Sew y Capital Project Fund to
6. ' Ordinance NO. 2 Street Improvements Capital Project Fund.
Legal 272iated – Appropriating Funds for Outside
— 9 Services Associated with Cook Inlet Natural Gas Storage
Alaska
No. 2726 -2013 – •Accepting and Appropriating
Donation from Hilcor
Kenai Senior P Energy Company to Assist w h the Annual Thank giving H• COMMISSION /COMMITTEE REPORTS
Dinner.
I. REPORT OF THE MAYOR
J• ADMINI57Rg710N REPORTS
1. City Manager
2. City Attorney
a. Requesting Funds for the International Municipal Lawyers
Association Conference.
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Ciiizns C,mments 2. Council Comments (Lrmited to five (5) minutes per speaker)
L• EXECUTI ESESSION –None Scheduled.
N pDJOU� –None
The public is invited to attend and participate. Additional information is
available through the Ci
htWAvww ci ken ty Clerk's office or by visiting our website at
al a us.
Sandra Modigh, CMC, City Clerk
Publish: 11/4/13
D921/211