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Home My WebLink About2013-12-18 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 14 PACKETS Council Meeting Date: December 18, 2013 Mayor V Libra ry Clerk Council - 3 packets Fire Department Deputy Clerk City Manager Mellish Hall Binder City Planner Cunningham Schmidt ELECTRONIC COPY NOTICE Send out notice to Council and All with link to the Agenda & Council Packet DELIVER Council packets to Police Department Dispatch Desk. Mellish & Schmidt pick up their packets in the Clerk's Office. ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 18, 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. ENACTED UNANIMOUSLY. Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. 2. ENACTED UNANIMOUSLY. Ordinance No. 2731 -2013 —Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. 3. ENACTED UNANIMOUSLY. Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. 4. ADOPTED UNANIMOUSLY. Resolution No. 2013 -74 — Adopting an Alternative Allocation Method for the FY13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. 5. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. 6. ADOPTED UNANIMOUSLY. Resolution No. 2013 -76 — Approving Amendments to the Kenai Community Library Internet Safety Policy. 7. ADOPTED UNANIMOUSLY. Resolution No. 2013 -77 — Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport. 8. POSTPONED TO THE JANUARY 2ND MEETING. Resolution No. 2013 -78 - - Supporting Alaska Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per Day, but Allow for Increased Harvest Limits. 9. ADOPTED AS AMENDED. Resolution No. 2013 -79 — Requesting that the Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. E. MINUTES 1. APPROVED BY CONSENT AGENDA. 'Regular Meeting of December 4, 2013 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. "`Action /Approval — Bills to be Ratified 2. APPROVED BY CONSENT AGENDA. 'Action /Approval — Purchase Orders Exceeding $15,000 3. APPROVED. Action /Approval — ChamberNisitor's Center Agreement 4. APPROVED UNANIMOUSLY. Action /Approval — Alaska Realty Group Short Term Special Use Permit City of Kenai Council Meeting Agenda Page 2 of 3 December 18, 2013 5. SCHEDULED ON JANUARY 6T" AT 7:30 P.M. Set Work Session — Board of Fish Proposals 6. INTRODUCED ON CONSENT AGENDA/PUBLIC HEARING SCHEDULED ON JANUARY 2ND. *Ordinance No. 2733 -2013 — Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Travel and Training. H. COMMISSION /COMMITTEE REPORTS J. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT Citizens Comments (Public comment limited to five (5) minutes per speaker) Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Thank you letter from Kenai Chamber of Commerce and Visitors Center. 3. Gaming Permit — Fraternal Order of Eagles Aerie #3525. 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 -8231. City of Kenai Council Meeting Agenda Page 3 of 3 December 18, 2013 DECEMBER 18, 2013 REGULAR COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO: REQUESTED BY: D -5 RESOLUTION NO. 2013-75 Correspondence in favor of the Resolution has been received by City Clerk the following: • Lori Every • Chris Every • Darrel R. Renner, Silvertip Fish Inc. • Horace Blanchard & Family • Bryan & Cindy Petersen • Donovan Granger • Arni Thomson, Alaska Salmon Alliance • Gray & Gillda Hoiller • Todd Smith • Ted Crookston • Cheryl Bond Sutton • Rob Grannumn • Arne Tikka & Family • Red & Bunny Beeman D -6 RESOLUTION NO. 2013 -76 Supporting memorandum from Library Director Mary Jo Joiner City Manager Sandra Modigh From: lori every [levery@hotmail.com] Sent: Monday, December 16, 2013 12:31 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution No 2013 -75 City of Kenai Council Members In Regards to Resolution No 2013 -75 I SUPPORT set net fisheries in Cook Inlet. Thank you Lori Every 5. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. Family Knowing someone is always there for you. "Family First" Sandra Modigh From: Chris Every [cpevery58 @hotmail.com] Sent: Monday, December 16, 2013 1:31 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; <kenaimayor10 @msn.com Cc: Chris Every Subject: The City of Kenai is introducing their own resolution 2013 -75 Kenai City Council: Please support opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. I thank each one of you for all your efforts this past year, Please have a Merry Christmas and a Happy New Year. Eastside Settnetter and Kenai Tax Payer Chris Every 394 -0720 Sandra Modigh From: bkirk99874 @aol.com Sent: Wednesday, December 18, 2013 7:12 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution 2013 -5 I strongly support the passage of Resolution 2013 -5 for protection of setnet fishing in urban areas. Since 1971 we have had 5 generations who fished or are fishing our setnet sites on Kalifornsky Beach. Prior to that, I was a drifter from 1964- 1971. We have a large investment in the local fishing industry including fish processing and settnetting. We plan to continue in the future and strongly support the local economy. Darrel R Renner Alaskan Resident since 1952 Silvertip Fish Inc. family corporation Sandra Modigh From: David Blanchard [fat.man01 @yahoo.com] Sent: Wednesday, December 18, 2013 7:38 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Set Neting Sincere thanks for your ruling. Me and my family have been set netting on K -Beach since 1973. We have had full confidence with our Alaska Department of Fishing Game biologist then as we do now. We vote to let them decide on how the management of the fish needs to be. Thanks most kindly for your support. After it is just sharing. Thanks Horace Blanchard and Family. Sandra Modigh From: Bryan Petersen [bpetersen8 @msn.com] Sent: Wednesday, December 18, 2013 7:45 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyrorkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: setnetters We've been setnetting since 1881. During this time my 7 sons and one daughter have learned the value of hard work, and the importance of protecting our natural resources. The business has helped put them through college. Two are professors, three are business men, one is an occupational therapist, one a high school teacher and one an attorney. Some would like to continue on with the family fishing business and teach their children the same values they learned. Our business has contributed many dollars to the Kenai Borough and provided a great seafood for the citizens of our earth. We appreciate your support of us setnetters, Bryan and Cindy Petersen Sandra Modigh From: AD Granger [grangerad @gmail.com] Sent: Wednesday, December 18, 2013 9:05 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution 2013 -75 Kenai City Council members; Your proposal to introduce a resolution in opposition to an initiative to shut down the commercial set net fisheries is commendable and should be applauded. The movement toward an anti set net initiative is nothing more than a self serving move by the commercial sport guide community to get more fish in the river for their benefit. An initiative to shut down the set net fishery does nothing to address problems associated with increasing numbers of in- river users and the associated negative impacts to the King Salmon runs. Thank you for supporting biology based, sound fisheries management practices, and fostering a climate that is focused on the health of the in -river system, not special interests of the user groups. Donovan Granger Sandra Modigh From: Arni Thomson [acccrabak @earthlink.netj Sent: Wednesday, December 18, 2013 9:43 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution No. 2013 -75— Supporting comment from Alaska Salmon Alliance, Kenai Alaska, opposing initiative and supporting diversified harvest opporunities in Cl Mayor Pat Porter and Kenai City Council Members: The Alaska Salmon Alliance (ASA) representing Snug Harbor Sfds., Pacific Star Seafoods, Icicle Seafoods, Great Pacific Seafoods, all registered Alaskan corporations with plants and operations throughout the Kenai Peninula fully supports Resolution 2013 -75. ASA is also comprised of numerous fishermen supporters that reside on the Peninsula. Our companies and fishermen have for decades been economically dependent on the sockeye salmon production of drift net boats and shorebased set net independent family owned businesses on the Kenai Peninsula, as the main stay product that supports our operations. With declining production for set net operations due to lost fishing time from overly burdensome regulations, over 400 set net families still accounted for an estimated 35% of sockeye production, which paid $13 million to the fishermen. The commercial sockeye salmon fishery is the core fishery that is responsible for us being able to maintain plant operations on the Peninsula, and to attract halibut, black cod, and Pacific cod from this region, and to also attract salmon species from other regions, including Bristol Bay, the Yukon River, Kotzebue and Prince William Sound. This year, the Cook Inlet sockeye salmon harvest paid $37 million dollars to the combined fleet for a harvest of 2.6 million fish which weighed in at 16 million pounds. A similar or larger harvest is anticipated for 2014, and sockeye salmon markets remain strong. A May 2013 Northern Economics fisheries economic analysis of the Kenai Peninsula -based fisheries for the year 2011, commissioned by the ASA illustrates significant economic contributions to the diverse Peninsula economy: 3,600 fishing jobs, with overall Alaskan residency of 80 %; 1,600 processing jobs; $212 million first wholesale export value, all species; combined labor income to fisherman at $78 million; processing income, $30 million, for a total labor payroll of $108 milion. Combining the ports of Seward, Kenai, Homer and Anchorage and total landings of all species in these ports — they would rank as the sixth largest port in the US in landed value of species. During the period 1980 -2011, the accumulated harvest value of Cook Inlet salmon using 2012 inflation adjusted dollars was $2.15 billion. The ballot initiative to remove a meaningful and traditional resident -based sector of the Kenai Peninsula economy as part of an overall plan to reallocate to another sector based on questionable science, is a slap in the face to a long established Alaskan tradition of respecting your neighbor and his way of life. Arni Thomson Executive Director Alaska Salmon Alliance PO Box 586 Kenai, AK 99611 Sandra Modigh From: Gary [glh @alaska.net] Sent: Wednesday, December 18, 2013 10:17 AM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeytorkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Set net initiative Dear Mayor Porter and Kenai City Council Members, I urge the passing of Resolution 2013 -75. The set net fishery has been huge part of the Kenai area since way before there was a City of Kenai or a State of Alaska. The socio, political, and economical contributions to the City of Kenai, the Kenai Peninsula Borough, and the State of Alaska, from the 100 plus year set -net community is at best immeasurable. We would like to thank Councilmen Gabriel and Molloy for sponsoring this resolution. Thank you, Gary & Gillda Hollier 36045 Reef Dr. Kenai, Ak. 99611 Sandra Modigh From: Todd Smith [Aktodd @live.com] Sent: Wednesday, December 18, 2013 1:57 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution 2013 -75 Dear Kenai City council members, I encourage you all to vote in favor of Resolution 2013 -75 tonight. While I realize that it is the Kenai's policy to remain neutral on fisheries allocation issues, this is a resource allocation issue of a different nature. The setnet ban initiative is founded on misinformation, and seeks to prevent the commercial user group from harvesting our resource while allowing others to freely harvest in the same area with setnets. This initiative would represent a shift by Alaska to resource allocation by ballot initiative —a practice that is against state statutes and is sure to spell tragedy for our community which, while rich in natural resources, lacks the populace to benefit from this type of resource management. It is important that we as a community continue to hold the state responsible for protecting the economy and culture of the communities that depend on these resources the most. Commercial setnetting has been a part of Kenai's culture and economy for over a century, and I implore you to support the continuation of an industry that benefits so many in our community, and to send a message to all that Kenai does not support this attempt to enact local and special legislation through statewide ballot. I look forward to your vote tonight at the council meeting. Thank you, Todd Smith Sandra Modigh From: Ted Crookston [tedcrookston @me.com] Sent: Wednesday, December 18, 2013 3:39 PM To: Sandra Modigh Subject: Set Net Issue Dear Kenai City Council Member: Subject: Resolution 2013 -75; Opposing Proposed Set Net Ban Initiative— Support of Sound Fisheries Management I enthusiastically support this resolution and urge you to vote FOR 2013 -75. I will be "attending" the City Council Meeting via the live internet link tonight and look forward to hearing the discussion. Comments: I and my extended family have lived in North Kenai on land purchased from the State of Alaska, which was made available to setnet fishermen, since 1965. We have invested not only our financial resources, but our very lives, spanning 4 generations, in this fishery for FIFTY YEARS (50 YRS). We hold both Kenai City and Alaska State Shore Fishery Leases. When I was boy, growing up, there was a sense of community pride that Kenai was an area that exported wonderful wild Alaska salmon from a vibrant commercial fishery. I am truly grateful to see efforts and actions being made to have that sense of community pride in this industry restored. I am very knowledgable from extensive first hand experience with both the history and the truth regarding the commercial semet fishery in and around Kenai. This is a lively, viable, sound, beneficial and necessary fishery for many, many people, the local communities that support them, and also the for the biological preservation of the salmon resource itself. The "proposed voter initiative" is abhorrent, deceitful and malicious and is calculated to employ general voter ignorance in order achieve a despicable hidden agenda. LIE #1: THE KING SALMON PROBLEM HAS BEEN CAUSED BY SETNETTING LIE #2: ELIMINATING SETNETTING WILL SOLVE THE KING PROBLEM I hope the Borough and Kenai City Council actions may the beginning catalysts for bringing forth the truth and fostering broad support for this vital and historical fishery. Thank you for your serious consideration. Regards, Ted Crookston Salamatof Beach 42321 N Cook Inlet Kenai, AK 99611 Sandra Modigh From: Cheryl Sutton [suttoncheryl5 @gmail.com] Sent: Wednesday, December 18, 2013 3:40 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution Number 2013 -75 Kenai City Council Members: We are not able to attend your meeting this evening; but, express support for Resolution Number 2013 -75 offered by Council members Gabriel and Molloy. The citizens, governing bodies and chamber of Kenai have been very supportive of the Cook Inlet setnet fishery throughout our family's nearly 40 years of participation. The issue we have all struggled with is sound, scientific fishery management in all the fisheries executed in Cook Inlet. The political management of fisheries will only result in loss to the resource; all participants; the communities of the Kenai Peninsula and its citizens; and, the state. The semet fishery in Cook Inlet is comprised mostly of generational fishing families who pioneered the Kenai Peninsula and remain as a vital part of our social and economic fabric. The initiative, which is absent economic, scientific or rational basis, is a punitive attempt to eliminate a fishery. Thank you for your consideration of Resolution 2013 -75 and we respectfully ask for your support and adoption. Cheryl Sutton on behalf of Mike, Cheryl, Anna and Michael Sutton and our crew members Cheryl Bond Sutton 907 - 252 -5651 suttoncheryl5@mail.com Sandra Modi h From: Rob Grannum [cohoebeach @gmail.com] Sent: Wednesday, December 18, 2013 3:57 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Support for Resolution 2013 -75 Dear City of Kenai Council Members, My name is Rob Grannum and I represent a third- generation Cook Inlet setnet family. Our family -owned operation has had the privilege and opportunity to contribute economically and culturally to the Kenai Peninsula and the City of Kenai for multiple decades and hope to continue to do for many more years. As such, I respectfully request that you support Resolution 2013 -75, opposing the proposed initiative to prohibit set nets in urban areas. This proposed initiative deliberately contradicts the State's history of sound fisheries management practices and the diversified harvest opportunities that exist in Cook Inlet. This initiative would have devastating and long - lasting impacts to the Cook Inlet salmon stocks, the City of Kenai, and the residents of the Kenai Peninsula. I appreciate your service to our community and respectfully ask for your continued support of our fishery. Sincerely, Rob Grannum 24745 Cohoe Loop Rd, Kasilof AK Sandra Modigh From: arne tikka [aceengineering @alaska.net] Sent: Wednesday, December 18, 2013 4:18 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeyforkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Cc: kpfa @alaska.net Subject: Support of Resolution 2013 -75 Dear City of Kenai: We support the adoption of Resolution 2013 -75 opposing the proposed initiative to Prohibit Set Nets in Urban Areas. Set Net salmon fishing is, and has historically been, a very important industry in the Kenai and entire Cook Inlet region providing numerous jobs and a valuable food resource for the world. My family has been set netting in Cook Inlet since the early 1950's and is now in its third generation of set net fishermen and fisherwomen. Please adopt this Resolution 2013 -75 and continue to oppose any intiative to prohibit set net fishing. Thank you for your time. Sincerely, Arne Tikka and Family Sandra Modigh From: Red and Bunny Beeman [redbunny @mtaonline.net] Sent: Wednesday, December 18, 20134:49 PM To: Mayor Porter; mboyle @alaska.com; Robert Molloy; ryan @marquisforkenai.com; terry@bookeytorkenai.com; Brian G. Gabriel, Sr.; Sandra Modigh; timnavarre @gmail.com Subject: Resolution 2013 -75 As a 59 year Cook Inlet setnetter I wish to go on record in support of Resolution 2013 -75. Edward Beeman, Chugiak, Alaska j "'VI'�laye witti a Past, C# with a Future ,= 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Cad Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 llllll ='+ 1992 the cdyo f KENAI ALASKA MEMO* TO: Rick Koch FROM: Mary Jo Joiner DATE: December 11, 2013 SUBJECT: Internet Safety Policy Included in the packet for the next meeting of the City Council is a Resolution to Approve the Internet Safety Policy for the Kenai Community Library. This policy is reviewed and updated in order to comply with E -rate eligibility. At their meeting on November 5, 2013 it was approved by the Library Commission after being on their agenda for two meetings open to public comment. The policy was last updated in 2008. The changes to the policy include language that the library has installed minimal filtering on the public computers. Although this reflects a change in language it does not in fact reflect a change in practice. The filters installed comply with CIPA (Children's Internet and Protection Act) guidelines and have allowed us to benefit from the OWL (Online with Libraries) project of the Alaska State Library. This filter is a security setting in Internet Explorer that is set for Medium -High. This filter is also on all the staff computers in the City. The paragraphs deleted under Internet Offerings and Limitations were removed because they refer to in -house procedures that have changed and should not be included as policy. The fees for services are now covered by the City's fee schedule. AGENDA KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 18, 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. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as 'The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City . ........................ Pg 5 2. Ordinance No. 2731 -2013 — Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. .......................................................................................................... Pg 17 3. Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program .................................................................. .............................Pg 21 4. Resolution No. 2013 -74 — Adopting an Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet .............. .............................Pg 25 5. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet.... Pg 27 6. Resolution No. 2013 -76 — Approving Amendments to the Kenai Community Library Internet Safety Policy .............................................. .............................Pg 41 7. Resolution No. 2013 -77 — Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport .................Pg 47 8. Resolution No. 2013 -78 -- Supporting Alaska Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per Day, but Allow for Increased Harvest Limits ........................ .............................Pg 51 9. Resolution No. 2013 -79 — Requesting that the Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and Construct a Five - Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8- 8. 1 ...................................................................................... .............................Pg 55 E. MINUTES 1. *Regular Meeting of December 4, 2013 .......................... .............................Pg 59 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified ............................. .............................Pg 65 2. *Action /Approval — Purchase Orders Exceeding $15,000 ............................ Pg 67 3. Action /Approval — ChamberNisitor's Center Agreement ............................. Pg 69 4. Action /Approval —Alaska Realty Group Short Term Special Use Permit .....Pg 83 5. Set Work Session — Board of Fish Proposals City of Kenai Council Meeting Agenda Page 2 of December 18, 2013 6. *Ordinance No. 2733 -2013 — Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Travel and Training .......................... .............................Pg 93 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission ........................ 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR ...................................... ............................... Pg 97 J. ADMINISTRATION REPORTS 1. City Manager ....................................................................... ............................... Pg 99 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ................... Pg 111 2. Thank you letter from Kenai Chamber of Commerce and Visitors Center........... Pg 113 3. Gaming Permit— Fraternal Order of Eagles Aerie # 3525 ..... ............................... Pg 115 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 -8231. u.,y of Kenai Council Meeting Agenda Page 3 of 3 December 18, 2013 \\ ._ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2730 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN EXTENSION AND AMENDMENT OF THE LEASE OF CERTAIN CITY -OWNED LAND, IDENTIFIED AS A PORTION OF LOT 3, BLOCK 17, ORIGINAL TOWNSITE OF KENAI AND THE BUILDING KNOWN AS THE "FINE ARTS CENTER," TO THE PENINSULA ART GUILD, INC. WITHOUT A CURRENT APPRAISAL AND DECLARING AN EXTENSION AND AMENDMENT OF THE LEASE IS IN THE BEST INTEREST OF THE CITY. WHEREAS, since December 5, 1991 and until the Lease was assigned to the Peninsula Arts Guild, Inc. on September 8, 2000, the City has leased the Fine Arts Center to the Kenai Arts & Humanities Council for one dollar ($1.00) per year to provide a building to house the Fine Arts Center for the benefit of the local community; and, WHEREAS, the Fine Arts Center is currently in need of general repair and updating; and, WHEREAS, the current Lease is scheduled to expire on June 30, 2015, and the Peninsula Art Guild, Inc. has requested an extension of the lease until December 30, 2020 under the same terms and conditions as the existing Lease in order to obtain grant funding for a substantial repair, renovation, and upgrade of the premises; and, WHEREAS, Kenai Municipal Code 22.05.055 requires lease terms to be based on the durability of the proposed use, the amount of investment proposed and made, the nature of the improvement proposed, and the time required to amortize the investment; and, WHEREAS, Kenai Municipal Code, 22.05.050 requires that prior to renewal of a lease, there must be an appraisal within the last twelve (12) months to determine a fair market lease rate; and, WHEREAS, it is in the best interest of the City to waive KMC 22.05.050 and 22.05.055 as a fair market lease is not sought and such appraisal would result in the unnecessary expenditure of funds and the City owns the improvements; and, WHEREAS, the directors of the Peninsula Art Guild have requested that City Administration expedite its request to Execute an Extension of Lease in order to obtain available grant funding; and, WHEREAS, an Amendment of the Lease is necessary to correct the purpose of the lease to remove reference to the Kenai Arts & Humanities Council, which no longer exists; and, New Text Underlined: iDELETED TEXT BRACKETED) 5 of 118 Ordinance No. 2730 -2013 Page 2 of 3 WHEREAS, Kenai Municipal Code 22.05.070 allows the Council to deviate from the principles and policy of lease rates in the best interest of the City; and, WHEREAS, the Planning & Zoning Commission reviewed this Ordinance at its December 11, 2013 meeting and recommended the City proceed with the lease extension; and, WHEREAS, an extension of the current lease to the Peninsula Arts Guild under the same terms and conditions of the existing lease at a rate of one dollar ($1.00) per year is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. Waiver of Code Requirements: That the Kenai City Council waives the following provisions of the Kenai Municipal Code as it pertains to the lease renewal a portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. only: (a) KMC 22.05.050 to allow for a renewal of lease without an appraisal within a twelve (12) month period prior to the beginning of the term of the renewal lease. (b) KMC 22.05.055 to allow for the term of the lease not to depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. Section 3. Best Interest Finding: That it is in the best interest of the City to deviate from the principles and policy of lease rates to provide for a lease renewal to the Peninsula Art Guild for an annual rental rate of one dollar ($1.00) per year to support the Kenai Arts Community. Section 4. That the purpose of the lease is amended to remove reference to the Kenai Arts & Humanities Council. Section 5. That the City Manager is authorized to enter into a lease amendment and extension with the Peninsula Art Guild consistent with the terms of this Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of December, 2013. PAT PORTER, MAYOR New Text Underlined; IDELETED TEXT BRACKETED] 6 of 118 Ordinance No. 2730 -2013 Page 3 of 3 ATTEST: Sandra Modigh, City Clerk Introduced: Adopted: Effective: New Text Underlined; ]DELETED TEXT BRACKETED] 7 of 118 December 4, 2013 December 18, 2013 December 18, 2013 u MEMO: °V 11age with a Past, C# with a Ftd"re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Kenai t td Ra mr 11111r 2011 TO: Kenai City Council FROM: Christine Cunningham, Assistant to City Manager W/ HROUGH: Rick Koch, City Manager DATE: November 26, 2013 SUBJECT: Ordinance No. 2730 -2013 Peninsula Art Guild, Inc. Request for Lease Extension Lease of City Lands, Portion of Lot 3, Block 17, Original Townsite The purpose of this memo is to provide additional information in support of Ordinance No. 2730 -2013, which authorizes an extension and amendment of the above referenced Lease of City Lands without a current appraisal and finding it in the best interest of the City to deviate from the principles and policy of lease rates to allow for a lease renewal at an annual rate of $1.00 per year. The property and building have been leased at an annual rate of $1.00 per year for the purpose of providing a building to house the Fine Arts Center for the benefit of the local community since 1991. Prior to 1991, the purpose for which the Lease was issued was as a "meeting place and display area for crafts." The current request is to extend the Lease to December 31, 2020 under the same terms and conditions in order to justify future building maintenance and repair expenditures, satisfy multi -year grand funding requirements, and pursue future funding opportunities. The City's principles and policy of lease rates as outlined in Code require a fair return to the City's General Fund. To ensure a fair return, lease rates are based on fair market value as determined by a qualified independent appraiser and are 8% of fair market value. In the absence of an appraisal, the best available information on the value of the land area and building improvements is the Kenai Peninsula Borough Assessment, which is approximately $227,451.50 (see attached). Based on this value, the annual lease rate would be approximately $18,196.12. 8of118 The City's Code requires that any renewal lease be reviewed by the Planning & Zoning Commission as to whether the request conforms to the Comprehensive Plan and the Kenai Zoning Code. The Request has been scheduled for the December 11, 2013 Meeting of the Planning & Zoning Commission. The recommendation from the Planning & Zoning Commission will be provided in a supplemental memo at the December 18, 2013 Council Meeting. cc: Peninsula Art Guild, Inc. Attachments 9 of 118 Calculation of Pro -Rated Kenai Peninsula Borough Assessments for Parcel No. 04710105, 816 Cook Avenue Total Parcel 04710105 Land Area Area #1 -City Playground Area #2 -Kenai Historical Society Area #3- Peninsula An Guild Inc. Totals Building Improvements Area #1 -City Playground Area #2- 1<enai Historical Society Area #3- Peninsula Art Guild Inc. Totals Area #1 -City Playground Area #2 -Kenai Historical Society Area #3- Peninsula Art Guild Inc. Land Value Improvement Value Total KPB Assessed Value $ 180,600.00 $ 233,500.00 $ 414,100.00 Area (SF) 44,400 $ 17,400 $ 24,884 $ 86,684 $ Area (SF 0 $ 960 $ 2912 $ 3,872 $ Total Pro -Rated Assessed Value $ 92,504.27 $ 94,144.23 $ 227,451.50 10 of 118 Pro -Rated Assessed Value 92,504.27 36,251.67 51,844.06 180,600.00 Pro -Rated Assessed Value 57,892.56 175,607.44 233,500.00 SECOND AMENDMENT TO LEASE THIS Second Amendment to Lease is made as of the day of 2013, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PENINSULA ART GUILD, INC. (Lessee), whose address is P.O. Box 703, Kenai, Alaska 99611 -0703. WITNESSETH WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts & Humanities Council for City -owned lands identified as A portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as the Fine Arts Center, which lease was recorded at Book 464 Pages 768 -776 on June 13, 1995, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to the Peninsula Arts Guild; and, WHEREAS, an Amendment to Lease recorded at Book 486 Pages 465 -466 on June 13, 1996 extended the term of the Lease to June 30, 2015 and required the Lessee to submit to the City Council, for approval, any proposed construction plans for the property; and, WHEREAS, the parties have agreed to extend the term of the Lease to December 31, 2020 and amend the purpose for which the Lease is issued to remove reference to the Kenai Arts & Humanities Council. NOW THEREFORE, the parties agree as follows: The term of this Lease has been extended until December 31, 2020. 2. The purpose for which the Lease is issued has been amended as follows: Purpose: To provide a building to house the Fine Arts Center for the benefit of the local community 4. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as amended) remain in full force and effect. Second Amendment to Lease Page 1 of 3 Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building 11 of 118 CITY OF KENAI By: Rick R. Koch Its: City Manager PENINSULA ART GUILD By: _ Name: Its: Approved as to fo Scott Bloom City Attorney State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of 2013, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: Second Amendment to Lease Page 2 of 3 Portion of Lot 3, Block Original Townsite of Kenai and Fine Arts Center Building 12 of 118 State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2013, by (Name), (Title), on behalf of PENINSULA ART GUILD, INC, a Alaska Corporation, on behalf of the Corporation. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Second Amendment to Lease Page 3 of 3 Portion of Lot 3, Block Original Townsite of Kenai and Fine Arts Center Building 13 of 118 Peninsula Art Guild, Inc. Resolution 2013- 11 -12 -02 Requesting the City of Kenai to Execute an Extension of Lease Be It Resolved by the Board of Directors of Peninsula Art Guild: Whereas, the City ofKenai has continuously leased the building located at 816 Cook Avenue, Kenai, to the Peninsula Art Guild, Inc., a non -profit volunteer organization, since 1980 for use as a fine art center and exhibition space for the Central Kenai Peninsula, and, Whereas, that memorandum of lease provides that said building is leased for the sum of $1.00 per year, with the lessee to maintain and repair the building at its expense, and Whereas, the lessee, Peninsula Art Guild, Inc. dba Kenai Fine Arts Center has embarked upon a substantial repair, renovation, and upgrade of the premises solely using a substantial portion of its own separate funds and desires to make further premises improvements in the immediate future, and Whereas, the lessee, Peninsula Art Guild, anticipates that it will apply in the foreseeable future for multi -year state and private foundation grant funding to undertake expansion of the Center's programs, including the sponsorship of statewide juried fine arts competitions and exhibits each year, the hiring of professional staff, the sponsorship of frequent cultural and community events, and community outreach to Central Peninsula schools, senior centers, and other civic organizations, and Whereas in the course of its building repair and grant preparation programs, the directors of Peninsula Art Guild have ascertained that the existing lease between the City of Kenai and the Peninsula Art Guild should be extended by a sufficient number of years to justify the further expenditure of a substantial portion of the lessee's accrued funds and to satisfy multi-year grant funding requirements, Now, Therefore, Peninsula Art Guild, Inc, and its directors individually, hereby request that the City of Kenai execute a memorandum of lease continuing the existing lease upon its same terms and conditions for a period of seven additional years, with said extended lease to expire on December 31, 2020. Adopted on this 121 Day of November, 2013 by a vote of (? Yes to E) �Io as recorded in th$ minutes of the mee ng. / �� f117 cilii LtYI'i �� ✓ � " "� President \�f Midst: Secretary t C-Ir) Ibtu 14 of 118 "Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 p I 991 1 MEMO: TO: Christine Cunningham, Assistant to the City Manager THRU: Rick Koch, City Manager /Acting City Planner FROM: Nancy Carver, Planning Assistant � � DATE: December 12, 2013 �/" SUBJECT: Peninsula Art Guild, Inc. —Request for Lease Extension —Portion of Lot 3, Block 17, Original Townsite of Kenai — 816 Cook Avenue At their meeting on December 12th, the Planning & Zoning Commission reviewed the lease extension application for the Peninsula Art Guild, Inc. The Commission found the lease was in compliance with the zoning ordinance and the Comprehensive Plan. The Commission voted unanimously for the City to proceed with the lease extension for a Portion of Lot 3, Block 17, Original Townsite of Kenai, 816 Cook Avenue. 15 of 118 F Peninsula Art Guild/Kenai Fine Art Center 816 Cook Avenue, Kenai, AK 99611 907 - 283 -7040 December 2. 2013 City of Kenai Council City of Kenai Planning Commission Dear Members of the Kenai City Council and Planning Commission: Peninsula Art Guild, which operates the Kenai Fine Arts Center, has had a $1 per year lease with the City of Kenai on the old fire station at 816 Cook Avenue since at least 1991, although the continuous use of the facility as an art center goes back to the late 1970s in my personal experience. As you may have noticed, the Kenai Fine Arts Center has undergone a substantial revitalization in recent months, with exterior and interior improvements as well as paving, all at the Art Guild's expense. The Kenai Fine Art Center has also instituted a series of free public art and cultural events every Friday evening. In 2014, we have scheduled a series of statewide juried exhibitions to showcase the Central Peninsula. All of this work is done without cost by the Board and volunteers and funded by our fund - raisers and donations. At this time, the total annual income of the Peninsula Art Guild is sufficient to maintain the premises and its utilities as well as fund our many free public events, but not more. Although our current lease with the City of Kenai expires at the end of 2015, we have requested that the City extend the lease at this time for an additional five years, with a new expiration date of December 31, 2020. We request this extension for several reasons. It is our intent to undertake extensive interior repairs, particularly installing a vapor barrier and new ceiling as well as general upkeep and painting, at the Fine Art Center in January 2014. After Spring breakup, we anticipate constructing a protected courtyard on the east side of the building where concerts and outdoor events can be held. This courtyard will be constructed of paver blocks in an area that is currently unmaintained grass and an old storage shed. This work will substantially upgrade the City's building and benefit the community as a whole. The amount of work involved will consume a very substantial portion of the financial resources of the Peninsula Art Guild. We also intend to construct an additional small office space inside the current building facility and offer its use without charge to various art and music related groups as well as the Historical Society on a non - exclusive basis. In addition, the Peninsula Art Guild would like to provide additional community outreach by providing already- requested workshops for senior, youth and other groups but we currently do not have usable space for such workshops. Providing those facilities will require building renovations for which the Peninsula Art Guild would likely require grant funding. To sustain and expand these programs and resources, we will need to apply for a series of grants over the next one to two years to further upgrade the facility and to provide multi -year program funding. In order to do this, we must demonstrate long -term control of the premises through lease. Your assistance is requested and appreciated. For the Board of Directors Joseph Kashi, Secretary 16 of 118 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2731 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE ALASKA STATE LIBRARY FOR THE PURCHASE OF (2) TWO AWE EARLY LITERACY WORK STATIONS. WHEREAS, the City of Kenai has received a $5,284 Grant from the U.S. Department of Commerce passed through the Alaska State Library for the purchase of (2) two AWE Early Literacy Workstations designed to increase the availability and quality of computing services in public libraries and to promote digital literacy in 4 - 8 year olds; and, WHEREAS, software included on these workstations has over 60 educational software titles spanning seven curricular areas. The software content on the AWE stations is aligned with U.S. state and national educational standards. The station also includes e -books and interactive story books; and, WHEREAS, it is in the best interest of the City of Kenai and its library patrons to accept this grant for the purchase of these two workstations. 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 grant from the US Department of Commerce passed through the Alaska State Library in the amount of $5,284 for the purchase of (2) two AWE Early Literacy Workstations and to execute grant agreements and to expend 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: Library - Federal Grants $5284 Increase Appropriations: Library - Small Tools $5284 New Text Underlined; [DELETED TEXT BRACKETED] 17 of 118 Ordinance No. 2731 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. ATTEST: Sandra Modigh, City Clerk ` Approved by Finance: 7- L PAT PORTER, MAYOR Introduced: December 4, 2013 Adopted: December 18, 2013 Effective: December 18, 2013 New Text Underlined; IDELETED TEXT BRACKETED) 18 of 118 T= "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 �IIIII 7997 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: 18 November 2013 SUBJECT: Early Literacy Hardware and Software Grant The Alaska State Library is offering the Kenai Community Library the opportunity to purchase an additional 2 (two) AWE Early Literacy Stations with grant funds. The grant is designed to increase the availability and quality of public computing services in public libraries and to promote digital literacy for 4 -8 year olds. This grant is made possible through the U.S. Department of Commerce Broadband Technology Program Alaska OWL Project grant. Over 35% of public library systems in the United States now have these Early Literacy Stations. Children are able to leam independently using these stations which require no technical support, Internet connection or staff assistance. The child -safe browser allows children to safely explore carefully chosen and highly engaging educational resources. The software includes over 60 educational software titles spanning seven curricular areas. The software content on the AWE stations is aligned with U.S. state and national educational standards. The station also includes a -books and interactive story books. The grant funds include the cost of the stations, headphones, hardware and shipping for a total cost of $5,284.00. The cost of these stations has been reduced due to the group quote that the Alaska State Library was able to negotiate. All publicity will acknowledge the support of the Alaska OWL Project and the Rasmuson Foundation as well as the U.S. Department of Commerce. 19 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 20 of 118 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2732 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE US DEPARTMENT OF JUSTICE FOR THE PURCHASE OF POLICE COMPUTER FORENSIC SOFTWARE AND EQUIPMENT AS PART OF THE INTERNET CRIMES AGAINST CHILDREN (ICAO) PROGRAM. WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and, WHEREAS, the Police Department ordered forensic computer software and equipment at a cost $1,685.94, and these items will help the department to investigate internet crimes against children; and, WHEREAS the ICAC regional director approved reimbursing the Kenai Police Department for the costs; and, WHEREAS, the cost of this ICAC - specific software and equipment was not included in the FY14 Police budget. 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 grant from the US Department of Justice in the amount of $1,685.94 for the purchase of a computer and software to assist in investigations related to internet crimes against children and to execute grant agreements and to expend 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: Police - Federal Grants $ 5.94 Increase Appropriations: Police - Software $1,100.00 Police - Small Tools 528.99 Police - Police Operating 56.95 $1 6� New Text Underlined; [DELETED TEXT BRACKETED] 21 of 118 Ordinance No. 2732 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 4, 2013 Adopted: December 18, 2013 Effective: December 18, 2013 New Text Underlined; DELETED TEXT BRACKETED *Z$Ml.j ff j "Villa9e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 — Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I'lll 1992 the city of KEN ALASKA MEMOO TO: Rick Koch – City Manager FROM: Gus Sandahl – Police Chief DATE: 11/21/13 SUBJECT: Request ordinance appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAO) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC) task force. ICAC is a network of law enforcement agencies who investigate internet crimes against children. Participating agencies also provide awareness and prevention education in the community. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC - related equipment and for ICAC training needs. The ICAC regional coordinator in Anchorage has agreed to reimburse the Kenai Police Department for computer forensic equipment and software renewals that will aid the Kenai Police Department in performing ICAC specific investigations. These ICAC- specific costs of $1,685.94 were not included in the FY14 budget. I am requesting an ordinance appropriating: $1,100.00 into the General Fund - Police Software account. 528.99 into the General Fund – Police Small Tools account 56.95 into the General Fund – Police Operating account $1 6 Pic] .itifit -1 THIS PAGE IS INTENTIONALLY LEFT BLANK 24 of 118 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY13 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 14: COOK INLET. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY14 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2012 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY14 funding available within FMA 14: COOK INLET in agreement with all other municipalities in this area participating in the FY14 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai City Council by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2012 of fisheries business activity in FMA 14: COOK INLET: All municipalities share equally 50% of the allocation; all municipalities share the remaining 50% on a per capita basis. PASSED AND APPROVED BY A DULY CONSTITUTED QUORUM OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR 25 of 118 V To: Rick Koch, City Manager "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 From: Terry Eubank, Finance Director Date: December 10, 2013 Re: Resolution 2013 -74 A resolution selecting an alternate allocation method for Share Fisheries Business Tax. The City receives revenue from the State of Alaska for fish tax collected by the State in two different methods. The Department of Revenue (DOR) distributes "Raw Fish Tax ", fisheries business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77.060, The City's FY2013 share was $296,136 and was based upon 2011 collections by the DOR. The second method the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED). ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute through a program know as the Shared Fisheries Business Tax Program. For the Cook Inlet Fisheries Management Area, which the City is a part of, the amount to be distributed in FY14 is $57,902.68. Eight communities will receive a portion of that amount with the City of Kenai estimated to receive $4,168.59. There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must show the impact to their local community of the fishing industry. Once impact is shown, half of the total amount to be distributed ($57,902.68 for FY2014) is divided equally amongst the communities and the remaining half is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution like 2013 -74 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook Inlet Fisheries Management Area for FYI will again include and equal distribution of one -half the total and the remaining half is distributed based upon population of the community. The eight communities in the Cook Inlet Fisheries Management Area are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, and Soldotna. 26 of 118 Suggested by: Council Members Gabriel and Molloy CITY OF KENAI RESOLUTION NO. 2013 -75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE INITIATIVE TO PROHIBIT SET NETS IN URBAN AREAS AND CONTINUING TO SUPPORT SOUND FISHERIES MANAGEMENT PRACTICES AND DIVERSIFIED HARVEST OPPORTUNITIES IN COOK INLET. WHEREAS, the Alaska Fisheries Conservation Alliance has filed a State initiative application to prohibit shore gill nets and set nets in urban areas; and, WHEREAS, the intent of the initiative is ban all shore gill nets and set nets in certain areas of the State including Cook Inlet; and, WHEREAS, there is a long history of set netting in Cook Inlet that dates back before Statehood; and, WHEREAS, according to current Alaska Commercial Fisheries Entry Commission data one hundred and twenty one (121) set gillnet permits in Cook Inlet are owned by City of Kenai residents; and, WHEREAS, many more residents and small businesses participate in or otherwise benefit from set netting; and, WHEREAS, for fiscal year 2014, the City of Kenai will receive a total of over $200,000 from the Shared Fishery Business Tax and Shared Fishery Resource Landing Tax a portion of which is directly related to set gill netting; and WHEREAS, the City of Kenai has previously passed Resolution 2011 -14 a Resolution Supporting Sound Fisheries - Management Practices and Diversified Harvest Opportunities in Cook Inlet; and, WHEREAS, the elimination of set netting in Cook Inlet would greatly impact the economic and traditional social structure of many residents, families and businesses within the City of Kenai; and, WHEREAS, other means are already in place, and other alternatives exist, to support healthy returns of salmon to the Kenai River including king salmon during times of low abundance; and, WHEREAS, set gill netting has traditionally been used as one of the management tools to ensure optimum returns of salmon to the Kenai River; and, New Text Underlined; (DELETED TEXT BRACKETED) 27 of 118 Resolution No. 2013 -75 Page 2 of 2 WHEREAS, the proposed initiative promotes division and conflict between user groups; and, WHEREAS, fisheries that benefit and provide opportunity for diverse user groups while maintaining healthy salmon runs are in the best interest of the City of Kenai, and; WHEREAS, the City of Kenai benefits from healthy well- managed salmon runs as a central part of its economy and core quality of life for its residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai opposes the initiative filed with the State to ban shore gill nets and set nets in certain areas including Cook Inlet. Section 2. That the City of Kenai continues to support sound fisheries management and diversified harvest opportunities in Cook Inlet. Section 3. That copies of this Resolution be provided to Governor Sean Parnell, Senate President Charlie Huggins, Senator Peter Micciche, Senator Cathy Giessel, Speaker Mike Chenault, Representative Kurt Olson, Representative Paul Seaton, Commissioner Cora Campbell, members of the State Board of Fish, and Members of the Alaska Municipal League. Section 4. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR New Text Underlined: [DELETED TEXT BRACKETED] 28 of 118 "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members, and Student Representative FROM: Council Members Brian Gabriel and Bob Molloy DATE: December 12, 2013 SUBJECT: Resolution No. 2013 -75 The purpose of this correspondence is to outline and request support for Resolution No. 2013 -75. On November 6, 2013, the Alaska Fisheries Conservation Alliance Inc. submitted a ballot initiative application that, if approved, would place an initiative on the August 2016 Statewide primary ballot banning set net fishing in five State designated non - subsistence areas including Cook Inlet in its entirety. Several of the sponsor's arguments for banning set net fishing in Cook Inlet and other areas are listed in the FINDINGS AND INTENT section of the initiative application, as follows: 1) Within non- subsistence areas, set net fishing is an antiquated method of harvesting fish that indiscriminately kills or injures large numbers of non-target species. 2) Within a non- subsistence area, the use of shore gill nets and set nets is wasteful of fisheries resources because they have a high mortality rate for fish that manage to escape the netting and because they produce a high amount of by -catch of non - targeted species compared to other more selective forms of fishing. 3) Shore gill nets and set nets have been banned in numerous states and countries. 4) There is significant pressure on fisheries resources in areas of the state designated of non - subsistence use, as these areas are proximate to the state's urban population centers. 5) Limiting the use of shore gill nets and set nets would contribute to long -tern conservation and development of fisheries and ensure consistency with the sustained yield principle. There are many reasons why it is in the best interest of the City of Kenai to oppose this initiative. Set gill netting has taken place in Cook Inlet for over 100 years. Upon Statehood, fish traps were banned and state fisheries were moved to open access, meaning that any individual could participate. In 1975, the State of Alaska instituted limited entry pennits for most State salmon 29 of 118 Resolution No. 2013 -75 Memorandum December 12, 2013 Page 2 of 2 fisheries. This is the system that is currently in place, meaning that there has not been an increase in number of permit holders in the commercial Cook Inlet set net fishery since 1975. The argument that set gill nets are antiquated and indiscriminately kill "non- targeted species" is unfounded and not supported by any scientific data. Although set nets in Cook Inlet mainly harvest Sockeye salmon, it is legal to harvest and sell all five species of Pacific Salmon including Chinook, Coho, Chum, and Pink. Other than legally harvested salmon, there is very little "indiscriminate killing of non - targeted species." Additionally, less than one percent (1%) of the Cook Inlet Eastside Set Net Commercial fishery harvest is Chinook salmon, which is the primary in -river target species. Although there are five non - subsistence areas listed in the initiative application, nearly all of the set net permits affected by this action are located in Cook Inlet. Not only would the elimination of the set net fishery in Cook Inlet harm the set net permit holders, their employees and families, but also it would harm the fish processers and many other businesses within the City of Kenai that rely on the set net fishery in Cook Inlet. Eighty -four percent (84 %) of the Cook Inlet Set net permit holders are Alaska residents and many of these small businesses are multi - generational family operated. This proposed initiative is very divisive and would pit neighbor against neighbor and geographical area against geographical area within the State. Since Statehood, in -state fisheries have been managed for maximum sustained yield. This management practice is a fundamental principal in the fully allocated Cook Inlet Fisheries. Banning set nets would not enhance this principal and, in fact, may reduce the ability of the Alaska Department of Fish and Game to manage for maximum sustained yield without utilization of the set net fleet. Since its founding, the City of Kenai has benefited from healthy well - managed salmon runs as a central part of its economy and quality of life for its citizens, businesses, and visitors. It is the policy of the City of Kenai, as recognized in Resolution No. 2011 -14, to support sound fisheries management practices and diversified harvest opportunities in Cook Inlet. This initiative targets one class of commercial fishers to be eliminated completely from their salmon harvest opportunity. Doing so will result in long -term and perhaps irreversible damage to Kenai's economy. We would appreciate your support for Resolution No. 2013 -75. Attachments: Resolution No. 2011 -14 Kenai Peninsula Borough Resolution 2013 -081 Kenai Peninsula Borough Resolution 2013 -081 Memorandum Initiative to Prohibit Set Nets in Urban Areas i16ZONW -1 r Suggested by: Counselors Brian Gabriel and Joe Moore CITY OF KENAI RESOLUTION NO. 2011 -14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SOUND FISHERIES - MANAGEMENT PRACTICES AND DIVERSIFIED HARVEST OPPORTUNITIES IN THE COOK. INLET. WHEREAS, the City of Kenai has benefited from healthy well - managed salmon runs as a central part of its economy and quality of life for its citizens and visitors for over one hundred years; and, WHEREAS, over the past several years, State of Alaska fishery policymakers have adopted regulations to increase opportunities for Alaska residents to harvest certain species of salmon, but have done so without regard to the impacts of those fisheries have on our community; and, WHEREAS, over the past several years, Cook Inlet commercial fishers have experienced substantial reductions in fishing opportunities that adversely impacted their businesses and our local economy, while other users have not been burdened by the same conservation or harvest reallocation measures; and, WHEREAS, the City has invested several hundred thousand dollars in an attempt to mitigate the impact of the resident -only fishery, by building infrastructure solely for the benefit of this fishery, often at the expense of spending capital on projects that would be otherwise utilized by citizens year around; and, WHEREAS, in addition to business opportunities for many citizens of the Kenai Peninsula Borough and the State of Alaska, the Cook Inlet commercial salmon industry is a critical component of our local economy because it provides jobs and is a reliable tax base on both real and personal property; and, WHEREAS, because it has been able to rely on a predictable stream of salmon harvested in Cook Inlet during summer months, the local seafood processing industry has been able to expand its season by months and now includes processing other species such as halibut and cod, as well as fish flown in from other regions of the State; and, WHEREAS, the local commercial salmon industry is a vital part of our local economy because it is supported by local commercial fishers, processors and the many vendors that rely on its business year around; and, WHEREAS, improvements in salmon handling and quality in both the commercial harvest and processing sector has resulted in salmon prices nearing 20 -year highs -- substantially increasing fish taxes to the Borough and the City of Kenai; and, 31 of 118 Resolution No. 2011 -14 Page 2 of 2 WHEREAS, adoption of regulations that significantly reduce the opportunities for Cook Inlet commercial fishers to harvest and process salmon during its traditional summer season, without a sound biological reason for doing so, will result in long -term and perhaps irreversible damage to our local economy; and, WHEREAS, the Alaska Department of Fish & Game, 2011 Upper Cook Inlet Sockeye Salmon Forecast indicates a commercial, sport, and personal use salmon harvest of 4.4 to 4.8 million salmon in Cook Inlet, most of which will be processed within the City of Kenai, and suggests managers have reached an acceptable balance between the needs of competing salmon harvesters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows; Section 1; Supports sound fisheries management practices in Cook Inlet specifically with respect to the Kenai River salmon runs; and, Section 2: Respectfully requests the State of Alaska Board of Fisheries to recognize the historical and economic significance of the salmon runs that return to the Kenai River by avoiding adoption of regulations that reduce opportunities for all Cook Inlet and Kenai Peninsula salmon harvesters and City of Kenai fish processors and other businesses without a sound biological reason for doing so. Section 3; Upon passage, a copy of this resolution shall be forwarded to Governor Sean Parnell, Alaska Department of Fish & Game Commissioner Cora Campbell, Alaska Board of Fisheries members (individually), Senator Tom Wagoner, Speaker of the House Mike Chenault, and Representative Kurt Olson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. �(`• _ ... -�.� PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 32 of 118 Introduced by: Date: Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2013 -081 Bagley, Johnson, Smalley, Mayor 12/03/13 Adopted as Amended 7 Yes, 0 No, 2 Absent A RESOLUTION SUPPORTING THE CONTINUATION OF SETNETTING IN COOK INLET WHEREAS, the Alaska Fisheries Conservation Alliance has started an initiative to ban commercial fishery setnets from Alaska's urban areas, including Cook Inlet; and WHEREAS, the initiative to ban setnets has been filed with Alaska Lieutenant Governor, Mead Treadwell; and WHEREAS, if the initiative passes legal requirements, and the sponsors gather signatures of qualified voters equal in number to 10 percent of those who voted in the preceding General Election, the initiative will appear on the primary election ballot in August of 2016; and WHEREAS, the focus of the initiative is the low abundance of king salmon; and WHEREAS, the Alaska Department of Fish and Game has the authority to close fisheries for conservation purposes and has often exercised that authority; and WHEREAS, on their public information database the Alaska Commercial Fisheries Entry Commission lists about 736 Cook Inlet salmon setnet permits, of which 444 are owned by people with a Kenai Peninsula Borough address and 615 are owned by people with an Alaskan address; and WHEREAS, banning setnets to conserve king salmon is both capricious and unwarranted; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the KPB Assembly officially opposes the proposed ban on setnetting. SECTION 2. That a copy of this resolution be provided to all municipal members of Alaska Municipal League. SECTION 3. That this resolution takes effect immediately upon its adoption. Kenai Peninsula Borough, Alaska 33 of 118 Resolution 2013 -051 Page I of 2 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 3RD DAY DECEMBER, 2013. a Hal Smalley, Assembly Preside ATTEST: `oqunwlnrpiq� , t�X c-�gULA ........ 0 $ �V O Jo Blankenship, MMC, Borough Clerk i Yes: Bagley, Haggerty, Johnson, McClure, Ogle, Smalley, Smith No: None Absent: Pierce, Wolf I Resolution 2013 -051 Kenai Peninsula Borough, Alaska Page 2 of 2 34 of 118 i i KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, AK 99669 Phone 907 - 714 -2160 Fax 907 - 714 -2388 Kenai Peninsula Borough Assembly MEMORANDUM TO: Hal Smalley, Assembly President Kenai Peninsula Borough Assembly Members FROM: Dale Bagley, Assembly Member O48 Brent Johnson, Assembly Member DATE: December 3, 2013 Hal Smalley, Assembly President Bill Smith, Vice President RE: Resolution 2013 -081; Supporting the Continuation of Setnetting in Cook inlet An effort has been started to single out setnetting for king salmon conservation, and move that proposition forward as a ballot initiative. The logic behind the initiative is flawed in several ways. First, and most important, if setnets were banned king salmon conservation would likely still be a problem. This is borne out by history. Before 1962 setnetting started annually about May 25. Due to king salmon conservation concerns the Alaska Board of Fish and Game delayed the central and upper Cook Inlet setnet opening in 1962 to June 8. Without waiting for possible stock increases from that effort, the Board of Fish and Game further delayed the setnet openings in 1964 to June 25. For 50 years now setnetters have not participated in harvests of early run Kenai River king salmon. Yet the early run kings are at a lower stock strength status than the late run king salmon. Second, king salmon propagation is at a lull statewide. Why then should local setnetters be targeted for elimination? Third, the largest king salmon have disappeared from the Kenai River in recent years. This Is almost certainly an effect of sport fishers catching and releasing smaller kings while retaining the largest kings. The trickle -down effect that has on all Kenai River king salmon numbers is unknown, but it has nothing to do with setnets. Finally, The Alaska Department of Fish and Game (ADF &G) has the authority to close fisheries for conservation purposes. They have often exercised that authority by closing Cook Inlet setnet fisheries. In 2012 ADF &G closed setnets in the Upper Subdistrict of the Central District for king salmon conservation for most of the season. They followed this in 2013 by closing the last three weeks of the setnet season, also for king salmon conservation. 35 of 118 Page -2- MEMORANDUM Resolution 2013 -081 Setnets are a valuable fishery management tool and king salmon make up less than one percent of the "eastside setnet" harvest. Rebuilding Cook Inlet king salmon stocks is a worthy goal and stakeholders have presented several ideas for public debate. Altogether banning a fishery would cause irreparable harm and should be opposed. Your support of this resolution is appreciated. 36 of 118 AN INITIATIVE TO PROHIBIT SET NETS IN URBAN AREAS A BILL BY INITIATIVE FOR AN ACT ENTITLED 1 "An Act providing for the protection and conservation of Alaska's fisheries by 2 prohibiting shore gill nets and set nets in nonsubsistence areas" 3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA; 4 t Section 1. The uncodified law of the State of Alaska is amended by adding a section to 5 read: 6 FINDINGS AND INTENT. (a) The people of the State of Alaska find that. 7 (1) The state pemilts the use of shore gill nets and set nets, which is a method 8 of taking fish that involms anchoring a net perpendicular to shore. Fish swim into and are 9 entangled in the net; 10 (2) Within a nonsuhsistence area, shore gill net and set net fishing is an 11 antiquated method of harvesting fish that indiscriminately kills or injures large numbers of 12 non - target species; 13 (3) Within a nonsubsistence area, the use of shore gill nets and set nets is 14 wasteful of fisheries resources because they have a high mortality rate for fish that manage to 15 escape the netting and because they produce a high amount of by -catch of non - targeted 16 species compared to other, more selective forms of fishing; 17 (4) Shore gill nets and set nets have been banned in numerous states and 18 countries due to their indiscriminate method of take; 37 of 118 1 (5) There is significant pressure on fisheries resources in areas of the state 2 designated for nonsubsistence use, as these areas are proximate to the state's urban 3 population centers. The harvesting of fish in nonsubsistence areas requires more restrictive 4 and protective means than in subsistence areas in order to m;n;mi7r by -catch of non - 5 targeted species. Shore gill nets and set nets are particularly inappropriate in these areas of 6 high fishing pressure and the continued use of this method of take is inconsistent with 7 Alaska's constitutional obligation and commitment to sustainable fisheries; 8 (6) Limiting the use of shore gill nets and set nets in nonsubsistence areas as 9 provided herein will materially contribute to the long -term conservation and development of 10 fisheries and ensure consistency with the sustained yield principle; and 11 (7) While shore gill nets and set nets are occasionally used for customary and 12 traditional use or personal use fishing within nonsubsistence areas, those uses have a 13 minimal biological impact on fisheries, whereas other use of this indiscriminate method of 14 take in nonsubsistence areas has significant potential to hatm fisheries resources. 15 (b) It is the intent of the people of the State of Alaska that this Act prohibit the use 16 of shore gill nets and set nets in nonsubsistence areas of the state for all purposes, except for 17 customary and traditional use or personal use fishing. 18 (c) It is the intent of the people of the State of Alaska that this Act not place any 19 limitation on the legislature's or the Board of Fisheries' discretion to allocate fish among 20 competing users. 21 x Section 2. Article 6 of AS 16.05 is amended by adding a new section to article 6 to read: 22 16.05.781. Set gillnettittg in nonsubsistence areas prohibited. 2- B10612i . i (a) Except for customary and traditional use or for personal use fishing, a person may 2 not use a shore gill net or set net to take fish in any nonsubsistence area. This section shall 3 control over any other provision to the contrary. 4 (b) For purposes of this section, "customary and traditional" has the meaning used in 5 AS 16.05.9400, "personal use fishing" has the meaning as used in AS 16.05.940(26), "shore 6 gill net" and "set net" have the meaning as used in AS 38.05.082 and "nonsubsistence area" 7 has the meaning as used in AS 16.05.258(c). 8 (c) Nothing in this section shall affect the use of shore grill nets and set nets to take 9 fish in subsistence areas. 10 (d) Nothing in this section shall be construed as a limitation on the legislature's of the I 1 Board of Fisheries' discretion to allocate fish among competing users. 12 * Section 3. The uncodified law of the State of Alaska is amended by adding a new 13 section to read: 14 It is the intention of the people of Alaska that the provisions of AS 16.05.781, as 15 enacted, are independent and severable, and if any provision of AS 16.05.781 shall be held to 16 be invalid by a court of competent jurisdiction, the remainder of AS 16.05.781 shall not be 17 affected and shall be given effect to the fiillest extent possible. References to Alaska Statutes 18 in AS 16.05.781 are as in effect as of September 1, 2013. 19 * Section 4. The uncodified law of the State of Alaska is amended by adding a new 20 section to read: 21 This Act shall take effect immediately upon enactment. 3- 39 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 40 of 118 Suggested by: Administration CITY OF KENAI ELUTION NO. 2013 -76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AMENDMENTS TO THE KENAI COMMUNITY LIBRARY INTERNET SAFETY POLICY. WHEREAS, KMC 1.56.020 Authority for adoption of rules, regulations, and fines provides that the Library Director shall establish rules and regulation for conduct and use of the Library, which rules and regulations shall be effective after approval by City Council and after being posted in the Library; and, WHEREAS, the Library has installed limited filters for internet access and on November 6, 2013 the Kenai Community Library Commission met and recommended changes to the Kenai Community Internet Safety Policy reflecting the use of limited filters and computer use; and, WHEREAS, the Library Director recommends changes to the Kenai Community Internet Safety Policy reflecting the use of limited filters and computer use; and, WHEREAS, the Library's Internet Safety Policy has been posted in a location in the Library readily visible by Library patrons; and WHEREAS, having limited filters on internet access and updating the Internet Safety Policy to reflect actual practice is in the best interest of the City and Library and is required for certain grant compliances. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council approves the following amendments to the Library's Internet Safety Policy as recommended by the Library Director and Kenai Community Library Commission: KENAI COMMUNITY LIBRARY INTERNET SAFETY POLICY The mission of the Kenai Community Library is to provide a comfortable and friendly environment in which the public may: • Have a reasonable expectation that they will leave the building with what they came for; • Relax and read current materials; New Text Underlined; )DELETED TEXT BRACKETED) 41 of 118 Resolution No. 2013 -76 Page 2 of 5 • Receive knowledgeable assistance and answers to questions; • Pursue opportunities for lifelong learning; • Find professionally selected materials in all formats for personal enjoyment; • Enjoy programs or performances; • Have access to technological resources. In support of this mission, the library provides individualized assistance, community outreach, professional expertise, and current technologies for equal access to facilities, quality services, and materials in a variety of formats. The library supports the Library Bill of Rights of the American Library Association Freedom to Read statement. The Library's mandate is to provide the public access to information on all sides of an issue. Current Internet Policies • Internet access shall be made reasonable, fair, and equitable to all users with the understanding that it is the individual user's responsibility to demonstrate judgment, respect for others, and appropriate conduct while using Public Library resources and facilities. Use of the Internet constitutes agreement to comply with this policy. • Internet communications shall be considered private and confidentiality will be encouraged within the limits of a public environment, the technology of the equipment, and the requirements of law. Violations of library guidelines and engaging in certain prohibited practices in Internet use may lead to the suspension or revocation of Internet access through the Library. Guidelines for Responsible Use It is expected that the user of the Internet: • Shall make only authorized access to systems, netware, software, and databases for educational, informational, and recreational purposes only. • Shall avoid the sending, receiving, and displaying of text or graphics that may be reasonably construed as sexually explicit or offensive. A written definition of what constitutes "sexually explicit" material is available at the front desk. • Shall obey the law and regulations in their application to copyright, licensed software, and data. • Shall be aware that violations of these guidelines for responsible use may lead to the suspension or revocation of your Internet access within the Library. New Text Underlined; [DELETED TEXT BRACKETED] 42 of 118 Resolution No. 2013 -76 Page 3 of 5 Unacceptable Uses of Computers and Rules of Conduct Among the uses that are considered unacceptable and which constitute a violation of this policy are the following: • Uses that violate the law or encourage others to violate the law. Downloading and viewing visual depictions that are (1) obscene, (2) child pornography, or (3) harmful to minors. • Uses that violate copyright laws and licensing agreements, such as downloading materials that encourage others to violate the law; downloading or transmitting confidential, trade secret information, or copyrighted materials. • Uses that cause harm to others or damage to their property. Engaging in defamation, uploading any harmful form of programming, vandalism; or "hacking." • Uses that jeopardize the security of access of the computer network or other networks on the Internet, Altering the Library's computer settings; damaging or modifying computer equipment or software. • Uses that compromise the safety and security of minors when using e-mail, chat rooms and other forms of direct electronic communications: Giving others private information about one's self or others. Minor is defined as under age 18. • Uses that Violate Confidentiality of Information: Personally identifiable information about users may not be disclosed or used in any way, except to law enforcement authorities as provided in the law. Statement of Responsibility The Internet with its highly diverse and often controversial content is an unregulated resource and can be used only at your own risk. Beyond its home pages, Kenai Community Library cannot control the information found on the Internet and is not responsible for its accuracy, correctness or its suitability. Library may suggest specific Internet sites that have potential interest for Library users, but the Library cannot control a user's access to other Internet resources. The Kenai Community Library has [NOT) installed limited filters for Internet access. No filtering system is completely effective or efficient. This is especially true in filtering of images and video. Filters on Internet terminals might restrict access to sites that could be deemed objectionable, but would also limit access to sites that have legitimate research value. New Text Underlined; ]DELETED TEXT BRACKETED] 43 of 118 Resolution No. 2013 -76 Page 4 of 5 *A Special Note to Parents The Internet's "user friendliness" and intrinsic flexibility to access a wide range of well known and many lesser known information resources demands diligent and thoughtful parental supervision. It should be understood that the Kenai Community Library cannot act as a censor or as a substitute parent. It is the responsibility of the parent to provide the oversight to ensure their children's use of the Internet in an appropriate and safe manner. As with all Library resources, the Library affirms the right and responsibility of parents/ guardians, NOT Library staff, to determine and monitor their minor children's use of the Internet. (Minors are defined in this policy as children and young people under the age of 18 years.) Parents who believe that their children cannot responsibly use the Library's Internet access are requested to monitor their children's Internet use. Internet Offerings and Limitations • Library access to the Internet is available at work stations that use software designed to browse the World Wide Web (WWW). Dial in access is not available through the library. • [YOU WILL NEED A CURRENT KENAI COMMUNITY LIBRARY CARD OR PHOTO IDENTIFICATION IN ORDER TO CHECK IN FOR COMPUTER USE. COMPUTER USE IS LIMITED TO ONE TIME PER DAY. THE LIBRARY OFFERS BOTH SIT DOWN TIMED STATIONS (ONE HOUR IN THE WINTER, 45 MINUTES IN THE SUMMER) AND EXPRESS TERMINALS (20 MINUTES.)] • You may not use your own software programs on the library computers, nor install any programs or drivers on the library computers. This will help prevent computer viruses that are common on public computers. • ]BRING YOUR OWN DISK OR DRIVE, FORMATTED FOR AN IBM PC COMPATIBLE, IF YOU WISH TO SAVE FILES. THERE IS A SYSTEM PRINTER FOR PRINTING AT $.25 PER PAGE.] • Misuse of the computer or Internet access will result in loss of your computer privileges. • Because of library scheduling, Internet - trained staff may not always be available. New Test Underlined; DELETED TEXT 44 of 118 Resolution No. 2013 -76 Page 5 of 5 Response to Violations Internet computers may not be used by anyone, including minors, for illegal activity, to access illegal materials, or to access materials that by local community standards would be obscene. Library employees are authorized to take prompt and appropriate actions to prohibit use by persons who fail to comply with the Internet Safety Policy as stated or implied herein. Responsibilities of Library Staff and Users Library staff will not monitor a user's Internet use, except for length of use in order to ensure equal opportunity of access for everyone. The user, or the parent of a minor, is responsible for his or her Internet session at all times. The Library reserves the right to terminate an Internet session that disrupts library services or that involves user behavior that violates the Library's policies. Disclaimers While the Library endeavors to provide access to information of the highest quality, the Library specifically disclaims any warrant as to the information's accuracy, timeliness, authoritativeness, usefulness, or fitness for a particular purpose. The Library will have no liability for direct, indirect, or consequential damages related to the use of information accessed through the Library's Internet service. Since software and information downloaded from any sources, including the Internet, may contain computer viruses, users are advised to utilize virus checking software on their home computers. The Library is not responsible for damage to users' disks or computers or for any loss of data, damage, or liability that may occur from use of the Library's computers. Publicly discussed and adopted by the Kenai Community Library Commission, November 6, 2013. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 45 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 46 of 118 Suggested by: Administration Maury >j CITY OF KENAI NE SKA RESOLUTION NO. 2013 -77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A RESTAURANT CONCESSION AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, the City of Kenai is a nonhub primary airport, and is required to have a Airport Concession Disadvantaged Business Enterprise (ACDBE) program; and WHEREAS, it is the policy of the City of Kenai to ensure that ACDBE's have an equal opportunity to receive and participate in concession opportunities; and WHEREAS, a request for proposal process is a reasonable and acceptable means of securing services; and, WHEREAS, on November 22, 2013, the City of Kenai requested proposals for a restaurant concession in the Kenai Airport Terminal Building; and, WHEREAS, one proposal was received on December 10, 2013, for the contract period 2014 -2018 and, WHEREAS, the minimum annual required rent for the restaurant area including City supplied equipment was $36,000 and the proposer offers to pay the following: Odie's Deli: 2014 $38,400 2015 $38,400 2016 $38,400 2017 $38,400 2018 $38,400 WHEREAS, the proposal was found to be qualified, responsive, and responsible; and, WHEREAS, the recommendation from the City Administration is to award the contract to Melodic Symington, owner of Odic's Deli; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the restaurant concession agreement be awarded to Melodic Symington, Odie's Deli, consist with the terms and conditions of the proposal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December 2013. PAT PORTER, MAYOR 47 of 118 Resolution No. 2013 -77 Page 2 of 2 ATTEST: Sandra Modigh, City Clerk New Text Underlined; (DELETED TEXT BRACKETED] 48 of 118 "Se>< vu ig dwQr1✓atw Kerax( /PeviinaacW nai 'iB.@HOM MM- 283-MI Municipal Airport FAX 807,2933737 Memo o: Rick Koch — City Manager Terry Eubank — Finance Director Scott Bloom — City Attorney From: Mary Bondurant — Airport Mana Date: December 11, 2013 Subject: Resolution 2013 -77— Airport Cafe The Airport advertised for Requests for Proposals on November 22, 24, & 29, 2013 for the restaurant concession. The contract is for five- years. Three (3) packets were given out and one (1) bid proposal was received on December 10, 2013. The bid is as follows: Odie's Deli Minimum Annual Proposed Annual Rent 2014 $36,000 $38,400 2015 $36,000 $38,400 2016 $36,000 $38,400 2017 $36,000 $38,400 2018 $36,000 $38,400 The proposal contains all the requested licenses, bid documents, the bid deposit and meets all the proposal requirements. It is my recommendation that the contract be awarded to Odie's Deli at the December 18, 2013 Council meeting. attachment www.kenaiairport.com 49 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 50 of 118 / Suggested by: Administration f ea� CITY OF KENAI RESOLUTION NO. 2013 -78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING ALASKA BOARD OF FISH PROPOSAL NUMBER 278 REQUESTING THAT THE ALASKA BOARD OF FISH PROHIBIT EMERGENCY ORDER AUTHORITY LIBERALIZING PERSONAL USE SALMON FISHERY TO 24 HOURS PER DAY, BUT ALLOW FOR INCREASED HARVEST LIMITS. WHEREAS, during abundant sockeye salmon returns to the Kenai River, the Commissioner of the Alaska Department of Fish and Game is authorized to liberalize the daily opening of the personal use fishery from seventeen hours per day (6 AM to I 1 PM) to twenty-four hours per day; and, WHEREAS, twenty-four hour openings create hardship and do not provide an opportunity for city personnel and contractors that are servicing portable toilets, removing solid waste, and managing large- volumes of fish -waste to conduct their work; and, WHEREAS, twenty -four hour openings create unsafe and hazardous conditions for personal use fishery participants that are on the beaches during the night when city personnel and contractors are using heavy equipment in the area; and, WHEREAS, during the 2013 personal use fishery season it was necessary to utilize additional personnel and equipment to safeguard against accidents involving fishery participants and heavy equipment on the beaches creating a financial/ administrative hardship. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports Alaska Board of Fish Proposal 278 requesting that the Alaska Board of Fish prohibit emergency order authority liberalizing personal use fishery to 24 hours per day, but allow for increased harvest limits. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR 51 of 118 x s "Villme with a Past, Gi y with aFuture" TO: City Council FROM: Rick Koch DATE: December 11, 2013 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 iIIIII 1992 SUBJECT: Resolution 2013 -78, Supporting Alaska Board of Fish Proposal Number 278 The purpose of this correspondence is to recommend that Council adopt the above referenced resolution supporting Alaska Board of Fish Resolution Number 278. The effect of which is to prohibit the Commissioner of Fish and game from opening the personal use fishery to a 24 hour per day opening by emergency order. Also included in Proposal Number 278 is a recommendation that the Commissioner be able to increase harvest limits if additional harvest is necessary. City Administration takes no position, nor makes a recommendation, on that part of Proposal Number 278. The Commissioner may already have authority to increase harvest limits by emergency order, but Administration has not researched that issue. If Council desires to support only the portion of Proposal Number 278 that prohibits the present practice of twenty -four hour openings by emergency order, and either not state a position, or oppose, increased harvest limits, the Council could postpone action on this resolution until the January 2, m2014 meeting. At which time the Administration would bring back a substitute ordinance which would include language stating Council's position. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 52 of 118 OTHER SOLUTIONS CONSIDERED? Calendar date / would not pass. PROPOSED BY: John McCombs (HQ -F13 -352) PROPOSAL 277 - 5 AAC 77.540. Upper Cook Inlet Personal Use Salmon Fishery Management Plan. Open Kenai River personal use fishery after escapement has been met, as follows: Dipnetting begins after escapement is met. ISSUE: Reallocation of a fully allocated fishery. WHAT WILL HAPPEN IF NOTHING IS DONE? Commercial fishermen will face reductions. WILL THE QUALITY OF THE RESOURCE HARVESTED OR PRODUCTS PRODUCED BE IMPROVED? Dipnetting prosecuted on s urplus stock prevent over - escapement. WHO IS LIKELY TO BENEFIT? Commercial fishermen will be whole again. WHO IS LIKELY TO SUFFER? Dipnetters will benefit in times of abundance. OTHER SOLUTIONS CONSIDERED? PROPOSED BY: John McCombs (HQ -F13 -353) PROPOSAL 278 - 5 AAC 77.540. Upper Cook Inlet Personal Use Salmon Fishery Management Plan. Prohibit emergency order (EO) authority liberalizing personal use salmon fishery to 24 hours per day, but allow for increased harvest limits, as follows: Discontinue use of Emergency Orders to open Personal Use Fishery (dipnetting) to 24 hours at the mouth of the Kenai River. Increase the number of fish allowed to be caught on a Personal Use permit when the need arises to increase the fish harvest, but limit this to the normal openings hours of 6:00 a.m. -11:00 p.m. Modify permit cards to allow for separate recording of the additional harvest if necessary. ISSUE: The Emergency 24 hour opening of the Personal Use Fishery at the mouth of the Kenai River to Warren Ames Bridge creates a very disruptive situation in the residential neighborhoods adjacent to the activity. 306 53 of 118 WHAT WILL HAPPEN IF NOTHING IS DONE? Continued unrest during normal sleeping hours for nearby residents, increased complaints to state and local police departments about trespassing, noise and speeding traffic. WILL THE QUALITY OF THE RESOURCE HARVESTED OR THE PRODUCTS PRODUCED BE IMPROVED? No WHO IS LIKELY TO BENEFIT? Residents living on and near the Kenai River Personal Use Fishery Area would benefit by having a break in the noise and chaos while trying to sleep during this three week event. This would also benefit area law enforcement and fish and game by reducing the burden on their departments. WHO IS LIKELY TO SUFFER? Nobody. Extra fish can be caught during the normal opening hours. OTHER SOLUTIONS CONSIDERED? PROPOSED BY: Linda Lemanski (HQ -F13 -019) rxyrVSALT/Sr 5 A7lr77.5W." Upper Cook Inlet Personal Use Salmon Fishery Management Plan. Modify existing Kenai River personal use fishery hours from 6:00 a.m. - 10:00 p.m., to 7:00 a.m. 7:00 p.m., as follows: Dipnet fishery open from 7:00 a.m. to 7:00 p.m. ISSUE: The traffic on the lower Kenai. WHAT WILL HAPPEN IF NOTHING IS DONE? More accidents, loss of life. WILL THE QUALITY OF THE RESOURCE HARVESTED OR PRODUCTS PRODUCED BE IMPROVED? It promotes safety. WHO IS LIKELY TO BENEFIT? Operators in the lower Kenai. WHO IS LIKELY TO SUFFER? The City of Kenai. OTHER SOLUTIONS CONSIDERED? None. PROPOSED BY: John McCombs (HQ -F13 -370) 307 54 of 118 FT. t. W `a:► Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES (ADOT /PF)DESIGN AND CONSTRUCT A FIVE -LANE ROADWAY TO IMPROVE THE KENAI SPUR HIGHWAY FROM MILEPOST (M.P.) 2.8 -8.1. WHEREAS, the Kenai Spur Highway is an important and integral component of the Alaska Highway System serving residents of Nikiski, Kenai, Soldotna, the Kenai Peninsula Borough and visitors and tourists; and, WHEREAS, from 2000 to 2009 the Kenai Spur Highway from M.P. 2.8 -8.1 exhibited crash rates significantly above the statewide average of 1.176 crashes per million vehicle miles (MVM), between Sports Lake to Beaver Loop Road it is1.76 crashes per MVM and between Beaver Loop Road and Swires Road it is 1.91 crashes per MVM, both are above the upper control limit (UCL); and, WHEREAS, the Kenai Spur Highway MP 2.8 -8.1 ranks 2nd highest in the State for moose - vehicle collisions; and, WHEREAS, ADOT /PF provided a cost estimate to the Alaska Legislature for over $40 million to improve the Kenai Spur Highway from MP 2.8 -8.1 to meet future traffic volumes and level -of- service standards for a 20 -year design life; and, WHEREAS, the Alaska Legislature included $20 million dollars for the Kenai Spur Upgrade MP 2.8 -8.1 in a State general obligation (G.O.) bond sale; and, WHEREAS, funding of $20 million will not construct a roadway to meet future traffic volumes and maintain acceptable and safe levels -of- service through the 20 -year design life; and, WHEREAS, it is unacceptable, and poor practice, to design and construct roadway improvements that do not meet future traffic volumes and maintain an acceptable and safe levels -of- service through a 20 -year design life; and, WHEREAS, a five -lane design will meet future traffic volumes and maintain an acceptable and safe level -of- service through a 20 -year design life. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai requests that the Alaska Department of Transportation and Public Facilities (ADOT /PF) design and construct a five -lane roadway to improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. 55 of 118 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR 56 of 118 h S n "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 iI II 1992 j TO: City Council FROM: Rick Koch DATE: December 11, 2013 SUBJECT: Resolution 2013 -79, Kenai Spur Highway MP 2.8 -8.1 Upgrades The purpose of this correspondence is to recommend Council adoption of the above referenced ordinance. The Kenai City Council has been actively involved for many years in requesting that the State of Alaska provide funding for the construction of an upgrade project for the Kenai Spur Highway from milepost 2.8 to 8.1. This section of highway exhibits a high level of accidents, including the second highest incidence of moose - vehicle accidents in the State. Kenai Spur Highway between Kenai and Soldotna is a two -lane roadway sandwiched by five - lane roadways in both Kenai and 5oldotna. The highway is fronted by residences, businesses, vacant land, and properties with other uses. At present the level -of- service classification of the roadway is a "D ", on a scale of A -F, A being the best, F being the worst. This classification will only worsen over time and only roadway designs of four or five lanes will provide a roadway during a twenty -year design period which will maintain a "C" or better classification. Presently there is only $20 million available for this project, or roughly one -half of what is required to construct a five -lane roadway. The City should not settle for a band -aid project dictated by the available funding. Administration recommends that the City go on record as requesting a five -lane roadway and that ADOT /PF should request additional funding through the Legislature or through other funding sources. There may be a State GO Bond to support capital projects come out of the Legislature this year and if so, it will be in the City's best interest to have formally requested this project be constructed to a five -lane configuration. 301511.1 Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 58 of 118 KENAI CITY COUNCIL — REGULAR MEETING DECEMBER 4, 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 December 4, 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: Mayor Pat Porter Robert Molloy Terry Bookey Mike Boyle (telephonic) comprising a quorum of the Council. Also in attendance were: ` *Courtney Stroh, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre Mayor Porter requested the following additions to the packet: ADD TO: E -1 Minutes Revised Meeting Minutes from November 20, 2013 J -1 City Manager's Report Letter from Clynda Case MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda 59 of 118 Council Member Bookey requested removing Purchase Orders over $15,000 from the consent agenda. MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Michelle Drew, BDO USA, LLP. — Fiscal Year 2013 Comprehensive Annual Financial Report, Fiscal Year 2013 Federal and State Single Audit Reports, and Auditor's Report to City Council. (Clerk's Note: Ms. Drew could not be at the meeting due to freezing rain in Anchorage, therefore, she telephoned in her presentation.) Ms. Drew reviewed the FY2013 audit reports listed above, giving a good report to the council in the work of Finance Director Eubank and his staff. (Clerk's Note: Council Member Boyle left the meeting at approximately 7:15 p. m.) Mayor Porter recognized Harbor Commissioner Bill Nelson in the audience. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2729 -2013 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2729 -2013, Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public December 4, 2013 60 of 118 VOTE: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * *Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2013 -73 — Recognizing "ROC the Kenai" for its Efforts to Inform Dip Netters of their Role in Preserving the Kenai Fishery and Protecting the Environment. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -73, Recognizing "ROC the Kenai" for its Efforts to Inform Dip Netters of their Role in Preserving the Kenai Fishery and Protecting the Environment and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Harbor Commissioner Bill Nelson presented Ms. Stroh with a stuffed fish in recognition of her work. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of November 20, 2013 Approved by the consent agenda. F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and Council Member Gabriel SECONDED the motion. y of Kenai Council Meeting Minutes Page 3 of 6 ecember 4, 2013 61 of 118 Council Member Bookey requested clarification of some issues regarding Daubenspeck Park. City Manager Koch reported Magic was a platted right of way and additional parking at Daubenspeck Park would be created and paved. VOTE: YEA: Gabriel, Marquis, Navarre, Porter NAY: Bookey, Molloy * *Student Representative Stroh: YEA VOTE: MOTION PASSED. 3. Action /Approval — Reschedule the January 1, 2014 City Council Meeting. The meeting was rescheduled for Thursday, January 2, 2014 at 7:00 p.m. 4. Action /Approval — Appoint a Committee for the Redesign of Council Chambers. Committee was created comprised of Mayor Porter, Vice Mayor Marquis, Council Member Bookey, City Manager Koch and City Clerk Modigh. 5. *Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City-Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building Known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. Introduced by consent agenda and public hearing set for December 18, 2013. 6. *Ordinance No. 2731 -2013 —Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two AWE Early Literacy Work Stations. Introduced by consent agenda and public hearing set for December 18, 2013. 7. *Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. Introduced by consent agenda and public hearing set for December 18, 2013. H. COMMISSION /COMMITTEE REPORTS Council on Aging — Vice Mayor Marquis reported the December meeting had been cancelled. City of Kenai Council Meeting Minutes Page 4 of 6 December 4, 2013 62 of 118 2. Airport Commission — Council Member Gabriel noted the minutes of the November meeting were in the packet. 3. Harbor Commission — Council Member Molloy reported the next meeting would be December 9 and the Capital Improvement List would be discussed. 4. Library Commission — No report. 5. Parks and Recreation Commission — Council Member Bookey reported the next meeting would be December 5, 2013. 6. Planning and Zoning Commission — Council Member Navarre noted the next meeting would be December 11; the December 25 meeting was cancelled. 7. Beautification Committee— Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Met with Michael Nelson with the Alaska LNG Plant at the new offices at Trading Bay. • December 7 would be Coffee with the Mayor. • Attended Thanksgiving Dinner at the Senior Center sponsored by Hilcorp. • Attended Christmas Comes to Kenai. • Toured the Denaina Wellness Center. J 1. City Manager • 2013 Personal Use Fishery Report Koch reported the following • Dip Net Report was ready for the January work session. • Lay down was regarding possible size changes to seafood processing waste. • Governor's budget would be presented next week. • Echoed the Auditor's comments regarding the work of the Finance Department. • Would bring a resolution forward regarding the Board of Fish eliminating the option to open dip netting to 24 hours. Council Member Gabriel asked if the Dip Net Report could be placed on the website. Council Member Molloy asked if there would be a grand opening for the City Shop. y of Kenai Council Meeting Minutes jecember 4, 2013 63 of 118 Council Member Bookey requested plowing at Municipal Park and Daubenspeck Park; asked If racquet ball courts could be maintained at the Recreation Facility; and, requested hydrant clearing be handled quicker. Vice Mayor Marquis reported issues with berms during the last snow storm. 2. City Attorney — No report. 3. City Clerk — No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Molloy requested input into goals and objectives for Planning and Zoning Commissions and spoke against Liaisons remaining unchanged for more than two years. Student Representative Stroh reported Leadership class would hold a volleyball fundraiser to send money to the Philippines after the recent tornado. Council Member Gabriel thanked City Manager Koch for the dip net report and echoed the sentiments regarding the Finance Department's work with the auditors. Council Member Navarre thanked Finance Director Eubank for the audit reports; noted he attended the recent ASAP meeting during the AML conference; thanked the Stroh family for their support of Courtney and thanked the fire department for the ride on November 29 during Christmas Comes to Kenai. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:19 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. City of Kenai Council Meeting Minutes Page 6 of 6 December 4, 2013 64 of 118 Z O r a U LL F J U Z O U uj W W Z 2 U_ 2 0 0 cO 0 O h c b9 K W d F Z W a a M 0 N r uj W m w w U w LL O U 2 F W W J U z O U N W t� N M N a 6l e- F F- J .J m m Q Q J �! N (� 0 0 O O Z (j) a L w a v u a m m � w W W U U W W Z IL IL N v w � a 65 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 66 of 118 M N w W 00 2 W U W O LL O 0 z P W W J U z M O U z O U Q r 0. w W Q z O h a U CA w w O 0 z w N X W 0 O 67 of 118 0 N ci a O W 0 W �O Z �E O ai w W H Q c+� m N O O LL O H O � O o Q' W W W W (D K W ir O F O U Of F U W J W O W a 0 W THIS PAGE IS INTENTIONALLY LEFT BLANK 68 of 118 Me " "Village with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i) Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: December 11, 2013 SUBJECT: Facilities Management Agreement for Kenai Visitors and Cultural Center The purpose of this correspondence is to recommend Council approval of the above referenced facility management agreement between the City of Kenai and the Kenai Chamber of Commerce and Visitor Center ( KCCVC). On October 21, 2013, the KCCVC requested a renewal of its existing facility management agreement for an additional three -year term. The current Agreement is scheduled to expire on December 31, 2013. Administration has determined that the current compensation of $125,000 per year is a fair level of compensation to the KCCVC for its management services for the next term of the agreement. The KCCVC is required to submit quarterly reports to Administration identifying work performed under the contract. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 69 of 118 FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER The parties to this Agreement are the City of Kenai (City), a Home Rule Municipal Corporation, whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and the Kenai Chamber of Commerce and Visitors Center, Inc. (KCCVCI), an Alaska Nonprofit Corporation whose address is 402 Overland Street, Kenai, Alaska 99611. The purpose of this Agreement is to define the roles and obligations of the parties regarding the management of the Kenai Visitors and Cultural Center (Center) owned by the City and located at 11471 Kenai Spur Highway in Kenai, Alaska. The parties agree as follows: Section 1-- General The KCCVCI agrees to perform the services set forth in this Agreement. The KCCVCI agrees to perform the services under this Agreement with due diligence and care and in a good and professional manner. Section 2 -- Period of Performance This Agreement shall be in effect from January 1, 2014, through December 31, 2016, unless terminated earlier as specified in Sections 7- 9, below. The Agreement may be extended for two additional one year terms upon mutual written agreement by the parties. Section 3 -- Scope of Services The KCCVCI shall manage the Center and shall, in addition, provide the following services which services shall take priority over other activities it performs at or in relationship to the Center: 1) Specific Services A. Create, design, and produce an annual visitor's guide as well as other brochures and related sales materials designed to attract both in -state and out -of -state visitors to the City of Kenai. The City of Kenai will receive pages in the annual visitor's guide, the design of which shall be provided to the City and approved by the City Manager in advance of publication. The cost to the KCCVCI to provide this service regarding the annual visitors guide is estimated to be $10,000 annually, plus the cost it incurs for design of the pages, and compensation for this service is included as part of the compensation provided for under this Agreement. B. Maintain a website designed to provide visitor information to attract both in -state and out -of -state visitors to Kenai. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page I of 12 70 of 118 C. Maintain a rack card area at the Center and at the Kenai Municipal Airport. These areas are designed to allow KCCVCI members to display brochures for distribution to the general public. The KCCVCI will also produce and display materials advertising the City for inclusion in the city rack card display areas. D. Annually attend a minimum of two (2) in -state trade shows to distribute materials, answer questions, and provide a face -to -face experience with potential visitors to the City of Kenai. Examples of appropriate trade shows that would satisfy this requirement include the Great Alaska Sportsmen Show and Mat -Su Outdoorsman Show. E. Provide for advertisements in print and in online media in commercial quality publications and/or websites, such as: 1. Alaska Magazine; 2. The Milepost; 3. Kenai Peninsula Tourism Marketing Council (KPTMC) Discovery Guide; 4. Bell's Travel Guide/Alaska Mapbook; 5. Alaska Travel Industry Association (ATIA) Official State Vacation Planner; 6. Vacation Country Travel Guide; 7. ATIA Trade Show Brochure; and, 8. Gordon's Travel Guide. 2) General Services A. KCCVCI shall target consumer groups to encourage their members to visit and lodge in the City of Kenai through the distribution of press releases. Examples of the types of groups and /or interests the KCCVCI shall target are: 1. Wildlife and bird viewing; 2. Kenai sport, commercial, and personal use fisheries; and, 3. Attendees of conferences and conventions to be held in Kenai. B. Promote various City special events to attract visitors to the City of Kenai. C. Encourage tour groups to spend more time in the City of Kenai for visits, meals, and/or overnight lodging. 3) Hours of Operation A. The KCCVCI shall provide visitor information services at the Center no less than between the hours of 10:00 AM to 6:00 PM, seven (7) days per week during the summer season of Memorial Day through Labor Day. x FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 2 of 12 �j 71 of 118 B. The KCCVCI shall provide visitor information services at the Center no less than between the hours of 9:00 AM to 5:00 PM, Tuesday through Friday, and between the hours of 11:00 AM — 4:00 PM on Saturdays during the off - season after Labor Day to Memorial Day. The City Manager may agree to modifications to the hours of operation. 4) Kenai Visitor and Cultural Center Displays. As time and funding allows, the KCCVCI will provide exhibits and displays relevant to the Kenai area, including: A. General Information about the area B. Historical and Cultural 1. Display(s) informing the viewer of the cultural history of the Kenai'tze Indians, including present day presence in the community. 2. Display(s) informing the viewer as to the past and present Russian contributions and involvement in the community. 3. Display(s) informing the viewer about the Federal and State Homestead programs and the contributions of homesteaders and pioneers in the community. C. Industry 1. Display(s) informing the viewer of the history of oil and gas industries and about the importance and contribution of the oil and gas industries to Kenai. 2.Display(s) informing the viewer of the history of commercial fishing in the Kenai and Cook Inlet and of its importance to the cultural and financial development of the area. D. Sport Fishing — display(s) informing the viewer of the history and importance of sport fishing in the Kenai area and in Cook Inlet. 5) The City Collection of historical artifacts. A. By January 15 of each year of this Agreement, the KCCVCI shall provide the City Manager with an inventory of all items in the Center's collection and shall designate whether such items are owned by the City, the KCCVCI, or another person or entity. B. The KCCVCI may not accept either additions to the City's collection, or loans of items to the City. without the written permission of the City Manager. C. By January 15 of each year of this Agreement, the KCCVCI shall provide the City Manager with a list of all items in the City's collection which the KCCVCI considers surplus or not needed. 6) Visitor Outreach Reporting - The KCCVCI shall provide the City Manager with a quarterly report of its activities under this Agreement containing at least the following information: A. Visitor Contacts — Track the number and nature of visitor contacts to the Center. This should FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 3 of 12 72 of 118 { w include contacts made by phone, mail, and other forms of communication. B. Visitors at Center – Track the number of visitors to the Center by month. C. Website Traffic – Track the number of visits to the Center website by month. D. Mailings – Track the number of communications mailed from the Center. E. Requests for Information – Track the total number of requests for information per month. 7) Fee/Donations —The KCCVCI is permitted to charge fees for special events held at the Center. 8) Annual Budget Requests - The KCCVCI shall submit any budgets requests, including any requests for additional funding for the services it is required to provide under this Agreement, by January 15 of each year for consideration in the City of Kenai fiscal year budget beginning on July 1. Budget requests should be of sufficient detail to be fully analyzed by the City and should include back -up information and an explanation of why the KCCVCI desires additional compensation or funding to perform services. The City is under no obligation to approve supplemental budget requests. 9) Sales of merchandise – Revenues derived by the KCCVCI from the sales of merchandise shall be used to defray the KCCVCI's operating expenses in managing the Center. Section 4 – Other KCCVCI Activities The KCCVCI may undertake the other following activities at the Center. These activities are subordinate to those the KCCVCI is required to provide under Section 3, above: 1) Leasing of the Center (or portion of the Center) for events A. The KCCVCI may lease the Center, or portions of it, for events such as meetings, weddings, receptions, and other gatherings. The KCCVCI is solely responsible for all expenses and liabilities incurred in these leasing activities. The KCCVCI may retain any revenues earned in these leasing activities. B. The KCCVCI shall use a standard lease form to be approved by the City Manager for its leasing activities. C. Commercial lessees must have a current valid State of Alaska business license and be registered for sales tax with the Kenai Peninsula Borough. 2) Saturday Market A. The KCCVCI may hold a Saturday Market at the Center. The KCCVCI is solely responsible for all expenses and liabilities incurred in this activity. The KCCVCI may retain any revenues earned in this activity. B. The KCCVCI shall use a standard vendor application form approved by the City Manager for its Saturday Market activities. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 4 of 12 73 of 118 C. Saturday Market vendors must have a current valid State of Alaska business license and be registered for sales tax with the Kenai Peninsula Borough. 3) Art Exhibits/Shows A. The KCCVCI is authorized to hold an exhibits and/or shows at the Center. The KCCVCI is solely responsible for all expenses and liabilities incurred in this activity. The KCCVCI may retain any revenues earned in this activity. B. If any cultural exhibits/displays need to be temporarily removed to accommodate art exhibits /shows, the KCCVCI shall submit a written request for authorization to the City Manager. The request shall include a schedule identifying the display, when the display will be removed and replaced, and shall be made to the City Manager at least fourteen (14) days in advance of the exhibit(show. 4) Sales of merchandise exclusive to other KCCVCI activities are allowed at the Center and the expenses and liabilities incurred and revenues earned belong to the KCCVCI. 5) Any other use of the Center must be approved in advance by the City Manager. Section 5 — Building Maintenance, Operation & Capital Improvements 1) The City shall be responsible for maintenance of the Center, including making building repairs and maintenance, providing restroom, plumbing and electric supplies, and incurring other costs ordinarily incidental to the maintenance of a public facility (except as expressly provided herein). The City shall provide the utility service (water, sewer, electricity, heat and garbage removal) for the Center. 2) The City, its officers, employees, agents, and representatives shall be permitted to enter the Center during operating hours to examine the premises in furtherance of these obligations. The City will attempt to notify the KCCVCI by telephone to the Executive Director or to another designated person (as appropriate to the nature of the emergency) if the City requires emergency entry after operating hours; notwithstanding, the City has a right to enter the Mechanic's Room during all hours and without prior notice in order to perform necessary maintenance and repairs. 3) The KCCVCI shall take all reasonable precautions to prevent unauthorized entry by third parties into the Center, including the placing of signs or other devices intended to deter or restrict such entry. The KCCVCI shall develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening and closing the Center, and dealing with difficult patrons. 4) The KCCVCI shall not to make any alternations or renovations to the Center premises without prior written consent of the City. Approved projects will require an actual cost report to be filed with the City at completion of the project. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 5 of 12 74 of 118 5) The KCCVCI shall keep all facilities of the Center in a clean and sanitary condition during the period of operation. 6) The City shall be responsible for providing janitorial services, snow removal and landscaping, and grounds keeping for the Center except KCCVCI shall be responsible for watering the grass. 7) Smoking will not be allowed within the Center or within twenty (20) feet of its doors. 8) The City shall be responsible for the maintenance of any exhibits displayed on the exterior of the Center, including on the grounds. KCCVCI shall not place or accept outside exhibits to be displayed out of doors without the prior permission of the City. Section 6 -- Insurance 1) The KCCVCI shall maintain in good standing the insurance described in subsection 2 of this Section. Before rendering any services under this Agreement, KCCVCI shall furnish proof of insurance required by this Agreement in a form acceptable to the City Manager. 2) The KCCVCI shall maintain a Comprehensive General Liability policy with a minimum coverage of $1,000,000 per occurrence, Automobile Liability insurance with minimum coverage of $1,000,000 combined single limit bodily injury and property damage per occurrence and an Employer's Liability and r Worker's Compensation policy for its own employees (as required by statute). Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance written notice to the City prior to cancellation or change in insurance amount, and shall also include a waiver of subrogation against the City. The City shall be named as an additional insured on the Comprehensive General Liability and Automobile Liability policies. 3) The City shall maintain a museum contents policy with a minimum coverage of $1,600,000 for its property located at the Center. The City shall also maintain broad form property damage insurance for the structure of the Center in an amount equal to the estimated replacement cost of the facility. 4) The KCCVCI shall be responsible to maintain insurances on all property, goods, and materials owned by KCCVCI or accepted by it at the Center (other than that owned by the City). 5) All policies acquired under this Section 6 shall be written by an insurer rated "A -" or better by A.M. Best. 6) The KCCVCI shall promptly report all incidents of accident or injury at the Center in writing to the City Manager. 7) Each party hereto shall give to the other prompt and timely written notice of any claim made or suit instituted within its knowledge that is related to either party's performance under this Agreement. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 6 of 13 75 of 118 Section 7 — Compensation 1) The City will pay KCCVCI One Hundred Twenty-Five Thousand Dollars ($125,000) per calendar year for the services provided by the KCCVCI under this Agreement. The City shall pay this amount in prorated monthly payments within 14 days after billing by the KCCVCI. Any compensation due for portions of a month for which services are provided shall also be prorated. 2) The obligation of the City to provide funding under this Agreement is subject to the availability of funds lawfully appropriated for that purpose. The termination of this Agreement due to fiscal necessity and /or non - appropriation of funds by the City shall not constitute a breach or default of the City. In the event of a non - appropriation of funds, the City may terminate this Agreement under Section 9, below, however termination shall not be subject to 60 days' notice. Instead, the City shall give reasonable advance notice as soon as practicable but in no case shall notice be less than ten (10) days in advance of the effective termination date. 3) Except as otherwise provided in this Agreement, the City shall not provide any additional compensation, payment, service, or other thing of value to the KCCVCI for its performance under this Agreement. The parties understand and agree that administrative overhead and any of its costs the KCCVCI may incur in the performance of its obligations under this Agreement have already been included in computation of the KCCVCI's fee and may not be charged separately to the City. Section 8 — Termination of this Agreement for Cause If, through any cause, the KCCVCI shall fail to perform any of KCCVCI's covenants, agreements, stipulations, and /or obligations hereunder, and the KCCVCI has not cured the default(s) within 14 days after delivery of written notice from the City to the KCCVCI specifying the default(s), the City shall have the right, at its election, then, or at any time thereafter while such default(s) continue(s), to give the KCCVCI notice of termination of this Agreement which termination may then be of immediate effect or of a later date as may be determined by the City. All finished or unfinished documents, data compilations, studies, surveys, reports, and /or other material prepared by the KCCVCI under this Agreement are the property of the City and the KCCVCI hereby agrees to peaceably return all such items to the City by or upon the effective date of termination and as may be further instructed by the City. The KCCVCI shall be entitled to receive compensation in accordance with the payment provisions of Section 7, pro rata to the effective date of termination. Section 9 -- Termination for Convenience of the City FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 7 of 12 76 of 118 The City may terminate this Agreement at any time by giving written notice to the KCCVCI of its intent to terminate this Agreement. The City shall provide the KCCVCI with at least 60 days' advance notice of its election to terminate under this Section, except as set out in Section 8, above. All finished or unfinished documents, data compilations, studies, surveys, reports, and/or other material prepared by the KCCVCI under this Agreement are the property of the City and the KCCVCI hereby agrees to peaceably return all such items to the City by or upon the effective date of termination and as may be further instructed by the City. The KCCVCI shall be entitled to receive compensation in accordance with the payment provisions of Section 7, pro rata to the effective date of termination. hereto. Section 10 — Modification /Amendment This Agreement may not be modified or amended except by a writing signed by both parties Section 11 --Equal Employment Opportunity The KCCVCI shall operate in compliance with all federal, state, and local equal employment and civil rights laws and regulations. Section 12 — Assignability The KCCVCI may not assign any interest in this Agreement or delegate or subcontract work or services under this Agreement without the prior written consent of the City. Section 13 — Non Waiver The failure of the City to enforce a provision of this Agreement shall in no way constitute a waiver of the provisions of this Agreement or a waiver of any subsequent breach of the same or similar condition or provision of this Agreement, nor shall it in any way affect the validity of this Agreement. Any forbearance by a party in seeking a remedy for any breach by the other party shall not be deemed a waiver by the non- breaching party of its rights or remedies with respect to such breach. Section 14 -- Permits, Laws and Taxes The KCCVCI shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to the performance of this Agreement. All actions taken by the KCCVCI under this Agreement shall comply with all applicable statutes, ordinances, rules, and regulations. The FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 8 of 12 77 of 118 KCCVCI shall collect and/or pay, if applicable, any taxes pertaining to its performance under this Agreement. Section 15 -- Relationship of the Parties The KCCVCI shall perform its obligations under this Agreement as an independent contractor of the City. This Agreement is not intended to create, and nothing herein should be construed to create, a joint venture between the City and the KCCVCI. Section 16 -- Contract Administration The Kenai City Manager, or the Manager's designee, shall be the representative for administering this Agreement on behalf of the City. The Executive Director of the KCCVCI shall be the representative for administering this Agreement on behalf of the KCCVCI. Section 17 — Integration This Agreement contains the entire agreement of the parties. All prior negotiations, statements, representations, warranties, and assurances, whether oral or written, and which are in any way related to the subject of this Agreement, are merged and integrated in this Agreement. Section 18 — Defense and Indemnification The KCCVCI shall indemnify, hold harmless, and defend the City from and against any claim of or liability for, negligent acts, errors or omissions of the KCCVCI under this Agreement. KCCVCI shall not be required to indemnify the City for a claim of, or liability for, the independent negligence of the City. If there is a claim of, or liability for, the joint negligent error or omission of the KCCVCI and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "KCCVCI" and "City," as used in this section, includes their respective officers, employees, agents, and other legal representatives. The tern "independent negligence" is negligence other than in the City's selection of KCCVCI as its contractor and the City's administration, monitoring, or review of the KCCVCI and its work under this Agreement. Section 19 -- Interpretation and Enforcement This Agreement is being executed by the parties following negotiations between them and both have had an equal opportunity to provide language for this Agreement. Accordingly, any rule of construction or interpretation allowing for construction or interpretation against the drafter of this FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 9 of 12 78 of 118 Agreement shall not apply. The Agreement shall instead be construed according to the fair intent of the language as a whole, not for or against any party. The titles of sections in this Agreement are solely for convenience of reference and shall not affect meaning, construction, or effect of this Agreement. Section 20-- Understanding The KCCVCI acknowledges that its governing board has authorized the Director to sign this Agreement. Section 21 — Severability If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, it is the intent of the parties that the remainder of this Agreement shall remain in full force and effect. Section 22 -- Jurisdiction, Choice of Law This Agreement shall be construed and governed by the laws of the State of Alaska. Any disputes related to this Agreement shall be litigated in the superior courts for the State of Alaska, Third Judicial District at Kenai. Section 23 -- Notices Any notice required to be delivered under the terms of this Agreement shall be personally delivered or mailed by prepaid first class, certified mail, to the following addresses and shall be effective upon receipt: FOR THE CITY: FOR THE KCCVCI: City Manager Executive Director City of Kenai Kenai Chamber of Commerce and Visitor's Center, Inc. 210 Fidalgo 402 Overland Street Kenai, Alaska 99611 Kenai, Alaska 99611 Section 24 — Counterparts and Effective Date This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. This Agreement shall be effective upon the later of signature by both parties or January 1, 2014. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 10 of 12 79 of 118 Section 25 — Survival of Representations and Warranties The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants and agreements by the other party, shall survive the execution and termination of the contract. Section 26 — Financial Reporting The KCCVCI agrees to keep reliable accounting records and to prepare annual financial statements in accordance with generally accepted accounting principles. The City may require such financial statement to be reviewed by a certified public accountant; provided, however, that should the City require the KCCVCI's annual financial statement to be reviewed by a certified public accountant, the City shall pay costs of this review in excess of one-thousand dollars ($1,000). The KCCVCI shall arrange for such review and submit for approval to the City the cost proposal from the certified public accountant prior to the work being undertaken and after which review the City may determine to proceed with the KCCVCI's proposal or seek other quotes for the work or elect some other review. The KCCVCI agrees that its accounting records shall be available for inspection by the City of Kenai upon reasonable notice. The City may request a copy of the KCCVCI's accounting records and the City may direct an audit of the KCCVCI's books and records at the City's expense. The KCCVCI shall provide to the City its annual budget when adopted or amended by its Board of Directors. The KCCVCI shall annually provide the City a copy of its federal income tax return when completed. Section 27 -- Board Meetings The KCCVCI agrees that it will hold its meetings of its Board of Directors in public and open to the public; however, the KCCVCI Board of Directors may move into executive session to discuss matters that public bodies may discuss in executive session as outlined in Alaska Statute 44.62.310. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) shown below. FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER Page 1 I of 12 80 of 118 CITY OF KENAI By: Rick Koch City Manager DATE: ATTEST: Sandra Modigh, City Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) KENAI CHAMBER OF COMMERCE AND VISITORS CENTER, INC. La Executive Director DATE: Approved as to form: Scott Bloom City Attorney The foregoing instrument was acknowledged before me this day of , 20_, by RICK KOCH, City Manager for the City of Kenai. Notary Public for the State of Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this _ day of 20 , by Executive Director of the Kenai Convention and Visitors Bureau, Inc., an Alaska Corporation, on behalf of the corporation. Notary Public for the State of Alaska. My Commission Expires: FACILITIES MANAGEMENT AGREEMENT FOR THE Page 12 of 12 KENAI VISITORS AND CULTURAL CENTER 81 of 118 Kenai Chamber of Commerce & Visitor Center 11471 Kenai Spur Hwy. Kenai, AK 99611 Phone: 907-283-1991 "Building Our Community Fax: 907- 283 -2230 One Business at a Time" www,KenaiChamber.org October 21, 2013 2013 Board of Directors Rick Koch, City Manager Chairman of the Board City Of Kenai Brendyn Shiflea 210 Fildago Street First National Bank Alaska Kenai, Alaska 99611 Vice Chairman Fred Braun Freedom Realty Dear Mr. Koch: Treasurer The Kenai Chamber of Commerce and Visitor Center would like to request renewal Jeff Wanon Spenard Builders Supply of the existing facility management agreement for the Kenai Visitors & Cultural Center, "as -is" with no revisions requested, for an additional three Secretary year term. Penny Furnish Stewart Title KCCVC looks forward to continuing our partnership with the City of Kenai. Please do not hesitate to contact me with any questions you may have. Directors Sincerely, Scott Hamann Metal Magic wk41� �i Dennis Swarner Kenai Vision Johna Beech Ron Malston President/C00 Old Town Trophies Debbie Kassik Kassik's Brewery Kimberlee Stocker Stanley Ford Bruce Jackman Tesoro Staff Johns Beech President I COO Gloria Ungrue Administrative Assistant Harold Plland Saturday Market Coordinator Louanne Stanton Visitor Center Services Manager Chastity Peterson Membership Coordinator Melysse Nordwall 82 of 118 Program & Events Manager "Servf vVth&QMaixr KeM41T enl i b" 305ILVO .O IMSUITE2O0 KENJU ALASKA OMI TELEPHONE 907-283.7951 FAX 907833737 Memo To: Rick Koch — City Manager Scott Bloom — City Attorney 1 From: Mary Bondurant — AirportManageY� Date: December 11, 2013 Subject: Alaska Realty Group — Request for Terminal Office Space Kathy Chircop, Alaska Realty Group, has asked to lease the recently vacated room at the south end of the terminal. The space consists of 88 square feet, will be leased for less than one month and will be utilized as office space. Attached for approval is a Special Use Permit to begin on December 16, 2013 and terminate on January 16, 2014. Please contact me if you have any questions. Attachment www.kenaiairport.com 83 of 118 CIRCUI 3TE FOR SIGNATURES ORIGINAL. 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 Alaska Realty Group, Inc. (PERMITTEE), whose address is 305 N. Willow, Suite 160 Kenai, Alaska, 99611, the non- exclusive right to use that area described hereafter referred to as "the Premises." The Premises is described in Exhibit A. 1. TERM. This special use permit shall commence on December 19, 2013, and will continue for successive terms of one calendar month thereafter. 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 three months. 2. PERMIT FEES. The Permittee shall pay $290.40 per month, plus applicable sales tax. This amount is based on $3.30 per square foot, for 88 square feet of use. The Fee for December shall be prorated and be due prior to occupancy, thereafter Permittee shall pay the City the fee on or before the first day of each month beginning. 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. Pennittee 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; 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 Pennittee from contesting any Special Use Permit- Alaska Realty Group, Inc. Page 1 of 7 84 of 118 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 general office space, including storage of files and computer work, when other tenants are not interested in using the space for aeronautical or aviation related purposes. a) Permittee shall maintain the area in good repair, clean of garbage or junk. b) 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. 4. UNIT MAINTENANCE. The Permittee shall be solely responsible for the maintenance and for keeping the unit clean. 5. DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION. Permittee is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. a) "This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The Permittee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR part 23, Subpart F." b) "The Permittee agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements." Special Use Permit- Alaska Realty Group, Inc. Page 2 of 7 85 of 118 6. REASSIGNMENT/RELOCATION. Should it be necessary to reassign Permittee to a different area of the airport terminal, the parties agree as follows: It will be the intention of the CITY to give Permittee as much notice in advance as possible of such reassignment. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the Permittee. Should reassignment and relocation be necessary, Permittee shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. 7. 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. 8. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises except as otherwise expressly provided herein. 9. REGULATIONS. The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations," issued in 1999 or any amendments thereto. By signing this Permit, the PERMITTEE acknowledges that he has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations. 10. SOLICITATION. Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 11. 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 Special Use Permit- Alaska Realty Group, Inc. Page 3 of 7 86 of 118 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. All of the policies required above shall be issued by a company /corporation currently rated "A-" or better by A.M. Best. With respect to the policies of insurance listed above, Permittee shall provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. Permittee shall provide this proof of insurance to the City (attention to the City Manager) prior to beginning any activities on the Premises. All insurance must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. All policies shall name the City as 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. 12. 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. Special Use Permit- Alaska Realty Group, Inc. 87 of 118 Page 4 of 7 13. 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. 14. NO WAIVER. Failure to insist upon a strict compliance with the terns, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquislunent of the right to exercise such terms, conditions or requirements. 15. NO ALCOHOL. No possession or consumption of alcoholic beverages is permitted on the Premises. 16. 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. 17. ASSUMPTION OF RISK. Pennittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 18. 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. 19. 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. 20. CONTACT INFORMATION. The Contact information for the Permittee, and the person in responsible charge for Pennittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Special Use Permit- Alaska Realty Group, Inc. Page 5 of 7 Kathy Chircop President Alaska Realty Group, Inc. 305 N. Willow, Suite 160 Kenai, Alaska 99611 Office Phone: 907. 335.3333 Message Phone: 907. 335.3333 E -mail: Kathy @mopalaska.com The Contact Information for the City for proposes 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 a ci.kenai.ak.us 21. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terns 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 ) ALASKA REALTY GROUP, INC. U1 Kathy Chircop President Special Use Permit- Alaska Realty Group, Inc M- 91remliiK Page 6 of 7 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 STATE OF ALASKA My Commission Expires: ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2013, the foregoing instrument was acknowledged before me by Kathy Chircop, President, ALASKA REALTY GROUP, INC., on behalf of the Company. Notary Public for Alaska My Commission Expires: Approved as to form: Scott M. Bloom City Attorney P: \Dept - Airporf\SUP \121113 SUP Alaska Realty Group lnc..docx Special Use Permit- Alaska Realty Group, Inc. 90 of 118 Page 7 of 7 r. I la I I I, I I Ie �I I I L° i i II Ir �I I II Mif! ll e F I I� A • e � ® e p l fi: _A I u I� a II _ I � s • j� / II U 1 I IIL11 1 LJ ) J Office Sp, — I J 91 of 118 O 'L IL � a � a5 LL a U - Z J Z Z Y a Y a O } m J W O W G� EXHIBIT A THIS PAGE IS INTENTIONALLY LEFT BLANK 92 of 118 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2733 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Kenai Community Library has received a $2,000 grant from the Institute of Museum and Library Services passed through the Alaska State Library for a library staff member to attend the Public Library Association Conference to be held in Indianapolis, Indiana in March 2014; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant funds to provide staff training that will expand and enhance the services provided to library patrons. Section 1. Form. That this is a non -code ordinance. Section 2. That the City Manager is authorized to accept a grant from the Institute of Museum and Library Services passed through the Alaska State Library in the amounts of $2,000 for staff attendance of the Public Library Association Conference to be held in Indianapolis, Indiana in March 2014 and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants - Library $2,000 Increase Appropriations: Library - Transportation $2,000 New Text Underlined; DELETED TEXT BRAC1iETEDj 93 of 118 Ordinance No. 2733 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: December 18, 2013 Adopted: January 2, 2014 Effective: January 2, 2014 New Text Underlined; [DELETED TEXT BRACKETED) 94 of 118 j "Villaye with a Past, C# with a Future if bftd 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1II�h 1992 the ci[yaf KEM SKA MEMO* INTO: Rick Koch I FROM: Mary Jo Joiner DATE: December 9, 2013 SUBJECT: Conference Attendance Grant The Alaska State Library receives funds from the Institute of Museum and Library Services (IMLS) to pay for continuing education grants. These travel funds allow staff members to attend a continuing education workshop or conference. These funds can be spent on travel, lodging, per diem and registration expenses. This year Janina Efta has been awarded funds ($2,000) to attend the Public Library Association Conference to be held in Indianapolis, Indiana in March 2014. 95 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 96 of 118 U W li O w IL Q F- a Q U O LL N Z 0 Q 0 Z W g O U LNU Ir{� Z O cam_ cG G O U w MO W Q 97 of 118 c v 2i Y O L E n o @ m � a m N� m� "� o J V j J U c J ID O c O c @ s @ = @ N Ti @ c `0 0 E OpO o 55 S m o °w o !n aNi ai n u Q — n L E d o w m` 3 a a o v w n y o v« @ d w @ c c c n 3 o o o a s N V O N 6 N m N « m 0 N O d O N O N d O N @ O C m d F C w O e C> O C d 4 d F C A N > C C Q N C > c C O d �+ 00 ° °p o° °o o °0 00 0 c 0 0 0 o 0 o g 0 p o 0 0 0 0 0 0 0 p °0 0 0 0 0 0 0 0 0 0 o o p o 0 o 0 o m o o 0 d 0 O c-i � En 0 0 p 0 0 C 0 0 pp M 0 (O M P M (O N M h A EP O P P � W W fA 4�i Erg ffi 6� (fl fA Ja (A V� 69 V3 iA F.9 pOj O w O U G O d O y J y 6 = y d w o w @ O ix E E u a o iu m u o W c Q '(�j o, p a m o L w u o E « w d U d N p rn C d K C N J a .2 m O C O« N J w a J 0 0 3 Ip C @ c m@ w c o@ ¢ J O F@ C N E 0 O F@ C@ w C O N w W o N` d a w p 0 N¢ O j Y Ou j D io d .t.. c?ca m m rn c a ro v o `@ 0 0 w w u o `m 0 o d w °1 0 @ @ @@ m m < U a o` � K¢ U m w (r O n m r sp r N jy N O N N 97 of 118 Bill Osborn PO Box 3003 Kenai, AK 99611 RE: Harbor Commission This letter serves as my resignation from the Harbor Commission, effective immediately. Sincerely: / 2Q (, Bill Osborn 98 of 118 FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 11, 2013 Re: Monthly Report December 2013 The past month has been a busy one with much of the department's focus on the preparation of the FY2015 Budget. Information for budget preparation will be distributed to City Departments by December 20th. The Council will receive its first draft of the FY2015 budget with its April 2nd Council meeting packet. A copy of the FY2015 Budget Preparation Calendar is included for you review. There is much work to be done by all City departments over the next couple of months. The department is preparing for a year -end review of the Airport Land Sale and General Land Sale Permanent funds performance. Representatives from Alaska Permanent Capital are scheduled to present a portfolio review at a work session prior to the second meeting in January. The work session will also included a detailed discussion of portfolio asset management and make a recommendation about future asset allocation for the portfolio. At the January 16 meeting, Council will have before it a resolution that will set the portfolio's asset allocation for 2014. CITY OF KENAI FY 2015 BUDGET PREPARATION CALENDAR December 20, 2013 Budget Preparation Packets Distributed January 6 -10, 2014 IT Manager meetings with department heads to determine IT Equipment, software and communication needs for FY2015. January 10 Overtime and new positions due to Finance January 17 IT equipment, software, and communications budgets provided to department heads for inclusion in their budget submittal. January 24 City administrator decides on new position and overtime requests by this date January 31 Departmental budget submissions due to Finance Feb. 10 - 14 Budget draft reviewed by department heads February 19 Consolidated budget submitted to administrator Feb. 24 - March 7 Department head meetings with administrator March 21 Administrator's budget draft finalized March 27 Budget package to Clerk for Council packet April 2 — May 2 Council Budget Work Sessions Meeting dates to be determined by Council. May 15 Budget Ordinance to Clerk for Council packet May 21 Introduction of Budget Ordinance May 26 Publish notice 7 days prior to public hearing May 29 Mill rate Resolution to Clerk for Council Packet June 4 Public hearing of Budget Ordinance June 4 Mill rate Resolution adopted - Must be provided to the Borough by 6/15 June 15 Publication & distribution of Budget completed Finance website updated 100 of 118 t December 2013 Airport Manager's Report pal Airport Airport Improvement Program: Master Plan — The Technical Advisory Committee met on Friday, November 22 to discuss the Phase II report. City Administration will be giving additional direction to the consultants. Aeronautical Survey for GIS Mapping Proiect — The project is moving forward. Tree Obstruction Clearing Proiect: The project is substantially complete and the closeout documents are being prepared. Airfield Marking — The project is scheduled for spring of 2014. In- house: — The Airport tenants have done an excellent job decorating the trees. The contest ends on December 20`h so stop by the airport and vote for your favorite tree! Winter Operations: The snow season is off to a slow start; however, the rain and icing conditions have kept the Airport operations crew very busy with scraping and sanding. The ice is creating issues both with flying and pedestrian walking around the terminal. Airlines Holiday Schedule: Grant Aviation and Lake and Peninsula Air are both closed on Christmas Day and New Years Day. Era Alaska is flying both days but with a reduced schedule. The Airport staff wishes everyone a safe & happy holiday.! 2013 -012 101 of 118 M4PIdP�I Alrye�! P1 14 "'ovember zon nplanements 0% LAKE & PENINSULA 19 73% ERA SASS Month ERA AVIATION GRANT AVIATION LAKE H PEN Total YTD In 2012 Change from KENAI Combinea 2013 2012 AVIATION Month Total Janua 5841 2,089 7,730 7,615 115 137 7,867 February 4,993 2,181 7,174 7,498 -324 130 7,304 March 5471 2190 7,661 7,525 136 139 7800 April 5,019 2,102 7,121 6,970 151 151 7,272 May 8,085 2,395 8,460 6,491 -31 223 8,767 June 5,451 2,329 84 7,884 8,008 7144 211 8,075 Jul 8,979 2,636 73 11,688 11,294 394 333 12,021 Au ust 8,372 2,807 56 11,235 10,630 605 319 11,554 Se tember 6,164 2,303 35 8,502 7,535 987 277 8,779 October 6,002 2,336 11 8,349 6,145 204 263 8,612 November 5,453 2,017 19 7,489 7,646 -157 246 7,737 December 7 523 0 Totals 'ir.6`G 25385 278 93,273 98,880 1,916 2431 95788 November 2012 $18,470 2013 j $167482 3500D 32500 30000 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 Jul I Aug Sept Oct Terminal - Vehicle Parking Revenues FY13 Total $224,352 FX14YTD 1 $97,368 Vehicle Parking Revenues 1 Nov Dec Jan Feb Mar Apr May Jun 102 of 118 ■ FY13 FY14 KENAI COMMUNITY LIBRARY MID -MONTH REPORT thecitvof DECEMBER 2013 November Circulation Figures Adult Fiction 1,630 Internet Access 1,153 Adult Non - Fiction 1,292 Downloadable Audio 434 Young Adult Fiction 289 Video 2 Periodicals 220 Room Booking 125 Juvenile Fiction 423 Music 65 Juvenile Non - Fiction 351 DVDs 2,445 Easy Fiction 1,526 Audio books 171 Easy Non - Fiction 352 Miscellaneous 261 Interlibrary Loan 18 Computer Programs 0 Total Print 6,101 Total Non -Print 4,222 Total Circulation 10,323 In -House circulation 367 Library Door Count....... 7,209 Downloadable Audio 434 Freegal Music 174 Downloadable EBooks 530 Our November circulation was approximately the same number as in November 2012. In November we had 5 volunteers who worked putting in a total of almost 1 1 (tours. There were 13 Children's programs with 259 total in attendance and 10 adult programs with 38 participants. One school group with 47 adults and children toured the library. Inter Library Loan logged 22 orders with 17 items received, 24 returned and 21 items lent by our library to other institutions. NOVEMBER Income Fines $ 828.16 Xerox 64.00 Lost/Damaged 251.39 Test Proctoring Fee 60.00 Printing 276.50 Other 00.00 Total income $1,480.05 Library Cards Issued November Cooper Landing I Homer I ILL 3 Internet Only I Kasilof 3 Kenai 30 Nikiski 21 Non Resident 7 Soldotna 27 Sterling 9 Other Peninsula l l Organization & Other 0 Total 114 The library will close at 1 p.m. on Christmas Eve and be closed on Christmas Day. We will close at 2 p.m. on New Year's Eve and be closed on New Year's Day. The next regularly scheduled meeting of the Library Commission will be on Tuesday, February 4 We have hired Rebecca Bamick as our new children's librarian. She has been on staff here in a 14 hour /week position for 6 months. Rebecca has an MLS degree. 103 of 118 KENAI SENIOR CENTER December 2013 REPORT the ci o tJ' f KENAISKA PT o: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: December 10, 2013 Total November Meal Count 2013 Served: Total Congregate Meals Served: 1,125 Total Home Meals Served: 2,106 Total November Meal Count 2012 Served: Total Congregate Meals Served: 1,118 Total Home Meals Served: 2,027 November volunteers provided 845 service hours. The senior center was not rented during the month of November. The admin. Assistant saw 37 seniors concerning various issues. 18 of these seniors were seeking information concerning Medicare Part D. We provided lunch for the Unocal Retirees Meeting. 22 retirees had lunch and the Admin. Assistant spoke about their insurance and how it was changing for 2014 as well as information concerning Medicare Part D. There was a question and answer period with handouts after her presentation. Hilcorp Corp, provided a wonderful dinner for our seniors. There were 210 seniors and volunteers that participated in the Thanksgiving Dinner. We were pleased to be called upon to assist in providing food for the fire fighters during a house fire on November 19. Earlier in the morning, one of our meals drivers had called in to inform us that a meal client's home had burned. As it turned out, the fire fighters were at the client's home fighting the fire. It was a very bitterly cold day and we were glad to be able to help. On Thanksgiving Day, Dave Merrill's family donated their time and served 25 seniors that came for the Thanksgiving potluck. The senior center provided the turkey and ham for the event. The senior center is a member of the Alaska Geriatric Exchange Network ( AGENET). This is an agency whose members are senior service providers from across the state. We meet monthly telephonically to discuss provider and senior issues and act as an advocacy group to educate the state legislators. AGENET has set two legislative priorities for this session: 1. Support an increment of $325,000 in National Family Caregiver Support Program grants throughout Alaska. 2. Support an increment of $545,000 in Nutrition, Transportation and Support Services grants throughout Alaska. This priority will benefit our NTS meal program. AGENET has also established two administrative priorities: 1. Work with DHSS to support an increment for Aging and Disability Resource Center expansion. This allows seniors to have an initial place to begin the process of qualifying for Home and Community Based Services. This should streamline the process. 2. AGENET will work with DHSS to allow Alaskans with Alzheimer's disease and related disorders to access home and community based services through the 1915(i) Medicaid option. All of these priorities are to provide support to seniors in their home for as long as possible, keeping them safe and independent. It is a cost savings to the state vs. seniors being in assisted living and or a nursing home. 104 of 118 PUBLIC WORKS DIRECTOR — CAPITAL PROJECTS MANAGER uuh� DECEMBER 2013 MID -MONTH TO: Rick Koch, City Manager 1 VVV FROM: Larry Floyd Acting Public Works Director /Capital Projects Manager P A DATE: December 11, 2013 t SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • APDES permit renewal application in progress. • Street Equipment Operator I recruitment. • Contract to use Cranes. Offices, and Operatinq Area at the Kenai Boating Facilitv — in route. • Trailer Mounted Generator — Trailer Mounted Generator was delivered • City Hall Carpet Replacement — Bid opening December 17. • Fire Alarm Testing Insoection and Monitoring — In queue. • Lift Station Radio Testing — In progress. Capital Projects: • Maintenance Facility — Under construction. • Municipal Park Improvements — Closed out. • Kenai Industrial Park — Punch list items submitted to contractor. • Central Heights Roadway Improvements — In closeout. • Vintage Pointe and Senior Center Siding — Construction next spring. Submittals under review. Executed Contract • City Hall and Senior Center heated sidewalks — Bids rejected, we intend to rebid next year. • Police Dept Parking Lot Improvements & Citywide Asphalt and Concrete Improvements — on hold. • Meeks Trail Repair— In close out. • Airport Tree Obstruction Removal — In close out. • Kenai Airport Airfield Marking — Contract executed. Notice to Proceed anticipated June 1, 2014. • Old Town Overland Ave. Sidewalk — In queue. • 55'x 120' Tent Erection — closed out. • Reservoir RFP — In queue. • Magic Ave. design. - Preparing a professional service agreement for Nelson Engineering. • First St. design — In queue. • MPF Feasibility Study — In queue. • Flight Service Station Upgrades — In queue. 105 of 118 PONCE DEPARTMENT MID -MONTH REPORT �� the a!�af �� KEN ALASKA PTO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief / " DATE: 1219113 November 2013 SUBJECT: Police & Communications Department Activity — Month of November 2013 Police handled 599 calls for service. The Communications Center received 291 emergency 9 -1- 1 calls (195 from cell phones). Officers made 48 arrests and wrote 250 reports. Traffic enforcement resulted in 73 warnings, 20 speeding tickets, 0 seatbelt tickets, 7 citations for equipment violations, and 25 citations for "other" traffic violations. There were 7 DUI arrests (0 felony). Police investigated 22 vehicle crashes. None of the crashes were DUI - related, and 4 of the crashes involved moose. During the week of November 4, Officers Prins, Cushman, Russell, and Ezell attended a 5 day interview class, hosted in Kenai. During the week of November 11, Officers Prins, Cushman, and Smith attended a 5 day sexual assault response team class hosted in Soldotna. On November 13, Dispatchers Thompson, Linegar, and Ivy attended Basic Life Support (BLS) for Healthcare Providers training at CPH. On November 19, Sgt. Sjogren attended a 2 day DOT of transportation crash -scene safety course in Anchorage. On November 29, 9 officers participated in traffic control for the electric light parade and fireworks festivities. SRO Prins spent two weeks of the month in training. In the latter part of the month he taught three DARE classes at Mt View, five alcohol classes at KCHS, and one Digital Media presentation at KPC. He also handled a theft and a few parking issues. In addition to SRO Prins, patrol officers continue to have a sustained presence at the 6 Kenai schools. 106 of 118 TO: Chief Gus "Villaye with a Past, C# with a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I 1992 • Dave Ross FROM: Cora Chambers - Kenai Animal Shelter DATE: 1215/2013 SUBJECT: November Monthly Report This Month Kenai Animal Shelter took in 116 total animals. Here is a breakdown of animal intake and disposition. Does: Cats: Intake: 75 Disposition: 62 Waiver 34 Adopted 34 Stray 25 Euthanized 4 Impound 1 Claimed 14 DOA 11 DOA 11 Protective Custody 4 Field Release 0 Quarantine 0 Transferred to Rescue 19 Other Intake: 38 Disposition: 36 Waiver 24 Adopted 22 Stray 11 Euthanized 6 impound 0 Claimed 1 DOA 2 DOA 2 Protective Custody 0 Transferred to Rescue 5 Quarantine 1 Other 0 Other Animals: 3 Wildlife: Bird DOA 1 DOA 1 Rodent: (Ferrets) Waiver 2 Adopted 2 0 Citations 235 Total Phone Calls 11 Animals were left in the overnight drop off kennels. 105 Volunteer Hours Logged 56 Animals are known borough animals 0 Kennel Permits 54 Field Investigations & patrols Community Projects: Agency Assist: Housed 1 Trooper K -9 Unit 'Anchor' From 11/05 thru 11/30/13 As well as housing 1 Trooper K -9 Unit'Scout' from 11/26 to 12/20/13. ** Kenai Animal Shelter will be changing its business hours to the public beginning 1/1/2014 ** New hours will be Tues -Fri Liam- 5:30pm, Saturday 11 -5, Closed Sunday & Monday. With these hours we will be able to better serve the shelter animals and visitors alike 107 of 118 PARKS & RECREATION MID -MONTH REPORT December 2013 fire uYy o f KENAIALASKA The total number hours rented at the ConocoPhillips /City of Kenai Multi -Use Facility for the month of November was 119.75. This compares to 115 hours last year during this time. Department staff spent a couple weeks during the month of November going through our inventory of various winter lights and displays, including installation along Willow Street, Airport Way, Kenai Spur Hwy, parks and City facilities. The department has an opening for an operator position listed through Job Service; position closes December 20th Other miscellaneous activities include: • Clearing sidewalk areas of ice and snow (City Hall, Visitors Center, Library and LH Park). Recent weather has made for challenging conditions. • Ice thickness was measured on the ice skating pond last week. We are up to 8% 10" but the recent warm weather has created some overflow. With the temperatures cooling, we will continue with the measurements and should be able to begin maintenance in very near future. • We have been in contact with the Kenai Golf Course and are waiting for several more inches snow before we begin grooming trails. Limited grooming has occurred at the practice field near the schools as an alternative place for people to ski. New grooming equipment has been ordered. • Routine trash runs and restroom cleaning; receptacles along the Ryan's Creek Trail getting a fair amount of use. • A vendor has been selected to hang the new score board for the Senior League Field (Kenai Little League Complex). • Snow removed from parking lot at Municipal Park, Duabenspeck Family Park and cemetery; snow removal around fire hydrants started this week as well. 108 of 118 �� flecil,of �/ KENA SKA Happy Holidays from the Fire Department! FIRE DEPARTMENT MID -MONTH REPORT December 2013 The Calendar says it is close to Christmas but the weather recently has not agreed. Road conditions have been challenging but fortunately we have not had that many calls for car accidents. We hope things stay that way through the holiday season. The Fire department was again involved with the Christmas Comes to Kenai Parade of Lights and delivered Santa! BC Prior attended a week long training on behalf of the city for an "Exposure Control Officer" training. This week long intense class will help assure the safety of city employees and will help strengthen the safety program within the City. Near the end of last month we had coordinated training session with Nikiski Fire Department and Central Emergency Services. In addition to member from the three local fire departments, we had fire department members from all across the state attend the training. Two retired Chiefs, Chief Lasky from the Dallas area and Chief Salka from the New York Fire Department put on a two day "Five Alarm Leadership" training class here at the Challenger Learning Center. Bringing together years of experience from two entirely different departments, their presentation exposed that all departments are similar and that regardless of the size of your department, the challenges are the same. Call Volume: Total runs YTD 2012: 1145 Total runs YTD 2013: 1083 ( -62) Run volume for the department is within 6% last year at this time. We are continuing to stay involved with Safe Kids and doing car seat checks at the Fire Station. Kenai Peninsula College is still sending students to our station for their Paramedic ride along program. We hope that everyone and their families have a safe and happy holiday season. 109 of 118 THIS PAGE IS INTENTIONALLY LEFT BLANK 110 of 118 111 of ga 0 \ $ m m Cl) 04 OD V) m m ) } § 2 ) , ) z o o (9 0 } w ) § ( k k ) / k \ 2 / 2 6 $ \ \ j ^ \ .) E / \ § / \ \ § 0 § § ) o / / / \ / / E \ 2 = § @ 2 « (L \ , a ! / ) ) ~ E ± LL § p � § \ § 3 A E Cq \w / \ \ \ k ) ° ° ® 3 ° 2 CL k § F- \ z \ } G } 3 _j ƒ e cc / ° o � k § ;z R } \ § § § ) \ CL 111 of ga THIS PAGE IS INTENTIONALLY LEFT BLANK 112 of 118 December 5, 2013 City of Kenai Rick Koch 210 Fidalgo Kenai, AK 99611 Kenai, AK 99611 Dear Mr. Koch, Kenai Chamber of Commerce & Visitor Center 11471 Kenai Spur Hwy. Kenai, AK 99611 Phone: 907-283-1991 `Building Our Community Fax: 907 - 283 -2230 One Business at a Time,, www•KenaiChamber.org We would like to send a HUGE THANK YOU for all you did to help make Christmas Comes to Kenai 2013 a success! Santa was most definitely the highlight of the day, arriving via a Kenai Fire Truck! Almost 300 children were delighted with cookies, hot chocolate, candy canes & goodie bags; all of which were generously donated by Kenai Chamber businesses. We also had many amazing volunteers who helped coordinate the day's activities. I hope each one of you know your contribution was of great value and very much appreciated! It takes an entire community's support for an event such as this to be successful and thanks to your dedication; this year's event was very much a success. Once again, please accept our gratitude for your contribution and we look forward to working with you again next year. Sincerely, i Johna Beech President/COO 113 of 118 2013 Board of Directors x Chairman of the Board Brendyn Shilea First National Bank Alaska + Vice Chairman Fred Braun Freedom Reeky + Treasurer Jeff Warton Spenard Builders Supply + Secretary Penny Furnish Stewart Title + Directors + Scott Hamann Metal Magic + Dennis Swarner Kenai Vision Ron Maiston Old Town Trophies + Debbie Kassik Kassik's Brewery Kimberlee Stocker Budget Rent A Car Bruce Jackman Tesoro staff Johna Beech President 1 COO Gloria Ungrue Administrative Assistant Chastity Peterson Membership Coordinator Harold Piland Saturday Market Coordinator Louanne Stanton Visitor Center Services Manager Melyssa Nordwall Program & Events Manager THIS PAGE IS INTENTIONALLY LEFT BLANK 114 of 118 11/16/13 OPA Sigrohre Page Alaska Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the following address: Attn: Tax Division, Alaska Department of Revenue PO Box 110420 Juneau, AK 99811 -0420 Fax: 907 - 4653098 !'tease Note: The Primary and Alternate Members in Charge must legibly print their names and sign sand date the signature page. An Officer who is not a Primary or Alternate Member must ierphty print his or her name and sign and date the signature page. If your organization is applying for self- directed bingo and /or pull -tab permit(s), the Manager of Games must also ,;ihly print his or her name and sign and date the signature page. ioui permit application will not be processed until a completed Signature Page has been ica,eved by the Department. Year 2014 Gaming Permit/License Pern ittee Name EIN /ATIN Application Number Electronically Paid Amount Payment Receipt 528 Fraternal Order Of Eagles Aerie # 3525 920045010 13142 $0.00 We declare, under penalty of unsutom falsification, that He have examined this application, including any attachments, and that to the best of ourknonledge and belief, it is true and complete. We understand thatany false statementmade on the application or any attachments is punishable bylaw By oursignatures below vie, the primary member, the a/temale member, and if applicable, the managerofgames, agree to al/owthe Department of Revenue to reviewany criminal history me may have, in accordance wth 15 AAC 160.934. or other officer's signature (see Printed Signature Date J-, X„ ,ko,l lr —U -).3 115 of 118 https : / /mlalaslastaLakusrTAXOPAUSig reLre.aspx 1/3 11/16/13 OPA signature Page Organization Information Year Permit requested for Federal EIN or Alaska Tax Identification Number Name of Organization or Municipality Mailing Address One City, State Zip + 4 Telephone Number (All numbers include area code) Fax Number (All numbers include area code) Organization Website Address (If available) Type of Organization Organized As Specify the organization type How will activities be conducted? 2014 920045010 Fraternal Order Of Eagles Aerie # 3525 5765 Spur Hwy Kenai, AK 99611 + 7406 (907) 283 -4938 (907) 283 -4904 Fraternal Corporation Self-Directed by the Organization Does the organization have 25 or more members who are Alaska residents as defined Yes in your articles of incorporation or bylaws? Have the organization's articles of No incorporation changed? Have the organization's bylaws changed? No Estimated gross receipts for year prior to $100,001 or more application year: Game Types Facility or Location - Specific - Unrestricted Area Based - Unrestricted Self,Dirested Facility or Locatlon-specific Game Type(s) Facility or Location Name Address City, State, Zip Ownership Area- ased Information Pull -Tabs Raffles Pull -Tabs, Raffles FOE 3525 Kenai 5765 Kenai Spur Hwy Kenai, AK 99611 + 8340 Owned Area Kenai Game Type(s) Raffles Vendor Information Operator Information 116 of 118 https:llmfalasla. state .akus /rAXOPAUSigri tdae.aspx 213 11/16/13 OPA Signalise Page Muldp/e- beneficiary Permittee (MBP) i Members in Charge /Manager of Games What position does this person serve? First name Middle Initial Last Name Address City, State, Tip Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken What position does this person serve? �^ First name Middle Initial Last Name Address City, State, Zip Daytime Telephone Mobile Number Email Address Has this person taken the test? Permit number under which the test was taken Legal Information Persons convicted of a felony, extortion, or a violation of a law None Persons with a prohibited conflict of interest None Alternate and Manager Kelly J Bookey 115 Walker Ln Kenai, AK 99611 + 7406 (907) 28311433 kfj @acsalaska.net Yes 528 Primary Member in Charge Brett J I:rolA 5210 Mink Ct Kenai, AK 99611 (907) 283 -3239 Yes 528 Net Proceeds Dedication, Details Scholarships, school activities, local charities, veteran's organizations and many others Attachments — —. - -- Tide (Type), Description 117 of 118 ht tpsl/ m�elesio .state.akusfTAXOPNJSignature.a px 33 i s O W Ln r w r ti E Ln ti ❑ W W Ep IP Ln 03 r C" m � t x °= �o I 118 of 118 T 33 D m m V Z m N � 20 x C(njO NDOm mG) fz iO m D 0 r H m S 6 c N C ^ e $@ � $§ W Ul qq pF B W CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE DECEMBER 18, 2013 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. 2. Ordinance No. 2731 -2013 —Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. 3. Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. 4. Resolution No. 2013 -74 — Adopting an Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. 5. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. 6. Resolution No. 2013 -76 —Approving Amendments to the Kenai Community Library Internet Safety Policy. 7. Resolution No. 2013 -77 — Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport. 8. Resolution No. 2013 -79 — Requesting that the Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. 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. Sand aYbdigb, CMO City Clerk -= Posted: December 19, 2013 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #102366 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: December 16, 2013 SUBSCRIBED AND SWORN to me before �t 16th day of December 2013 PZ ALzAn 00 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27- Aug -16 RUSS'I t10TARY PUBLIC OF PtiP� AGENDA KENAI CITY COUNCIL -REGULAR MEETING DECEMBER 18,2013-7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER B. SCHEDULED PUBLIC COMMENTS (public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (public comment limited to three (3) minutes per speaker; thirty (Jul minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker,' thirty (30) minutes aggregated) 1. Ordinance No. 2730.2013 - Authorizing an Extension and Amendment of the Lease of Certain City-Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsits of Kenai and the Building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. 2. Ordinance No. 2731.2013 - Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. 3. Ordinance No. 2732.2013 - Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer. Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. 4. Resolution No. 2013.74 - Adopting an Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet., 5. Resolution No. 2013.75 - Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. 6. Resolution No. 2013.76 - Approving Amendments to the Kenai Community Library Internet Safety Policy. 7. Resolution No. 2013.77 - Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport. 8. Resolution No. 2013.78 -- Supporting Alaska Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per Day, but Allow for Increased Harvest Limits. 9. Resolution No. 2013 -79 - Requesting that the Alaska Department of Transportation and Public Facilities. (ADOT /PF) Design and Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. E. MINUTES 1. 'Regular Meeting of November 20, 2013 F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. "Action /Approval - Bills to be Ratified 2.'ActionlApproval - Purchase Orders Exceeding $15,000 3. ActionlApproval - ChamberNisitor's Center Agreement 4. Action /Approval - Alaska Realty Group Short Term Special Use Permit 5. Set Work Session - Board of Fish Proposals 6. "Ordinance No. 2733 -2013 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Travel and Training. H. COMMISSION /COMMITTEE REPORTS 1. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk " K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION - None Scheduled. M. PENDING ITEMS - None N. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office or by visiting our website at hft0J1www ci kenai ak us. Sandra Modigh, CMG City. Clerk Publish: 12/16/13 D965/211