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HomeMy WebLinkAbout2010-11-03 Council PacketMAKE 28 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: / /— 3 —C;�-Q Mayor /Council yc Attorney pt Feltman /Flo d Clerk City Manager X Kebschull /Carver Police Department pe- Finance P.- GgL- Senior Center y- Airport Christine Library (2) y- 1 Parks & Recreation Clarion Fire Department oe, Student Rep. V, Mellish Projects Manager p__ Hall Binder V- Schmidt K AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop Dock Building Maintenance Animal Control Water /Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or Ibell@ccsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF: Page / of _/ • • __�t� MR I MR © ©_0 _ [fie] • _ -�' TESTIMONY SIGN -IN SHEET 31 NAME ORGANIZATION RESIDENCE ADDRESS/ PRONE NUMBER r IF CITY RESIDENT G Carol Freas From: Robert Molloy [bob @molloyforcouncil.com] Sent: Thursday, October 28, 2010 8:34 AM To: Carol Freas Cc: Pat Porter; Jeff Twait; Mike Boyle; Joe Moore; Ryan Marquis; Brian Gabriel; Terry Bookey; Rick Koch; Krista Stearns; Marilyn Kebschull; Corene Hall Subject: P &Z Item to Add to 11/3/10 Council Meeting Agenda Hi Carol: At their 10/27/10 meeting last night, the Planning & Zoning Commission discussed telephonic participation by commissioners at their meetings, with Council's telephonic participation ordinance in their packet for reference. P & Z passed a motion by 4 -2. The motion was "to ask Council to consider telephonic participation for Planning & Zoning commissioners." Please add to the Agenda for the 11/3/10 Council Meeting under Item G New Business: Discussion /Action: Telephonic Participation for Planning & Zoning Commissioners at Commission meetings. Thank you. Bob Molloy cc: Mayor, Council, CM, CA; Jeff Twait, Chair, Planning & Zoning Commission NOVEMBER 3, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/ CHANGES TO THE PACKET REQUESTED BY: ADD TO: Item G -5, Scheduling Board of Adjustment Hearing -- City Clerk memorandum identifying dates when parties will not be available. CITY CLERK ADD TO: Item G -6, Council Commission/ Committee Liaison Assignments -- Draft Proposed Assignments CITY CLERK ADD AS: Item G -8, Schedule Board of Adjustment Hearing -- Appeal of Enforcement Order submitted by Lynford Disque. CITY CLERK ADD TO: Report of City Manager -- Memorandum related to Little David -Back Projects/ Initiative to Increase the Minimum Project Value Limit for Projects to $50,000. CITY MANAGER CONSENT AGENDA None. Carol Freas From: Patricia Porter [kenaimayor10 @msn.com] Sent: Thursday, October 28, 2010 11:08 AM To: ryan; Mike Boyle; bob @molloyforcouncil.com; terry@bookeyforkenai.com; Councilmember briangabriel @acsalaska.net; Joe Moore Cc: Carol Freas; Rick Koch Subject: Liaison Assignments Council, I have prepared a list of possible assignments taking into consideration your stated requests. Council on Aging Airport Commission Library Commission Harbor Commission Parks & Recreation Commission Kenai Visitors Center Board Beautification Mini -Grant Steering Committee Councilmember Mike Boyle Councilmember Ryan Marquis Councilmember Brian Gabriel Councilmember Bob Molloy Councilmember Joe Moore Councilmember Terry Bookey Mayor Pat Porter Mayor Pat Porter August: Planning and Zoning assignments will change to a rotation schedule with each councilmember serving one month assignments. I will suggestion the month, if this does not work with your schedules please let me know or just arrange to switch with another councilmember. I would suggest changing to this format and re- evaluate after six months. It is important to inform Marilyn Kebschull if you request another council member to fill your scheduled time. She is responsible for getting information circulated before each meeting. November: Councilmember Ryan Marquis December: Councilmember Mike Boyle January: Councilmember Joe Moore February: Mayor Pat Porter March: Councilmember Bob Molley April: Councilmember Terry Bookey May: Councilmember Brian Gabriel June: Councilmember Ryan Marquis July: Mayor Pat Porter August: Councilmember Mike Boyle September: Councilmember Bob Molloy October: Councilmember Terry Bookey Municipal Election Other: Kenai River Special Management Advisory Board Administrative Staff Member Economic Development District (EDD) Barry Eldridge, citizen Cook Inlet Regional Citizens Advisory Council Mayor John Williams, citizen Kenai Economic Development Strategy Barry Eldridge, citizen and Mayor Porter I will present these recommendations at Wednesday's meeting. Please contact me if you have questions, Pat CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF NOVEMBER 3, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 2. Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. 3. Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 4. Resolution No. 2010 -61 -- Awarding a Contract to Alaska Sure Seal for Snowplowing/ Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. 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. Carol L. Freas, City Clerk Posted: November 5, 2010 J � r COMMENT SIGN -UP SHEET COUNCIL MEETING OF: 14�; ��Oo 0 NAME ADDRESS TOPIC Agenda or Non - Agenda Item? AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF VICE MAYOR 4. Agenda Approval 5. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory ................................... ............................... 1 2. Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company ........................... 5 3. Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Punds for Needed ADA Improvements ..................... ............................... 7 4. Resolution No. 2010 -61 -- Awarding a Contract to Alaska Sure Seal for Snowplowing/ Sanding Services at the Kenai Airport for an Amount Not to Exceed$25, 000 ................................................................ ............................... 10 ITEM E• MINUTES 1. *Regular Meeting of October 20, 2010 ................................ ............................... 13 ITEM F: ITEM G: NEW BUSINESS 1. Bills to be Ratified ........................................................... ............................... 28 2. Approval of Purchase Orders Exceeding $15, 000 ............... ............................... 29 3. Action /Approval -- Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc.................................................................................. ............................... 32 4. Action /Approval -- Amendment /Kenai Convention & Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors & Cultural Center.......... 37 S. Discussion /Action -- Schedule Board of Adjustment Hearing /Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning & Zoning Commission Approval of PZ10 -41 -- An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Property Known as SE1 /4 SE 14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ10 -42 - An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 - 0989 ............................................................................... ............................... 40 6. Discussion /Action -- Council Commission /Committee Liaison Assignments..... 44 7. Discussion /Action: Telephonic Participation for Planning & Zoning Commissioners at Commission Meetings ........................... ............................... 45 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging .............................................................. ............................... 49 2. Airport Commission .......................................................... ............................... 53 3. Harbor Commission .......................................................... ............................... -- 4. Library Commission ............................... ............................... ........................... 5. Parks & Recreation Commission ........................................ ............................... 6. Planning & Zoning Commission ......................................... ............................... 58 7. Miscellaneous Commissions and Committees a. Beautification Committee ... ............................... ... .......... ............................... -- b. Alaska Municipal League Report ................................... ............................... c. Mini -Grant Steering Committee ..................................... ............................... d. Kenai Convention & Visitors Bureau ............................. ............................... e. Reports of KPB Assembly, Legislators and Councils ........ ............................... ITEM I: REPORT OF THE MAYOR .......................... ............................... ITEM J: ADMINISTRATION REPORTS 1. City Manager .................................................................... ............................... 2. City Attorney .................................................................... ............................... 3. City Clerk ......................................................................... ............................... ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker). 2. Council Comments .................................. ............................... EXECUTIVE SESSION -- None scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) ITEM M: ADJOURNMENT 77 80 INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 Page No. 1. 10/20/2010 Purchase Orders Between $2,500 and $15,000 for Council Review............................................................................. ............................... 83 2. Budget Transfer in Capital Projects in Excess of $ 5, 000 ..... ............................... 3. 10/15/2010 K. Leaf letter thank -you letter regarding Kenai Bluff parking area enhancements.................................................................. ............................... 84 4. 10/28/2010 T. Eubank memorandum regarding Quarter Ending September 30, 2010 Investment Report ..................................................... ............................... 85 5. 10/28/2010 T. Eubank memorandum regarding Quarterly Financial Report ........ 97 6. 10/22/2010 Alaska Department of Environmental Conservation letter regarding jam, ADEC Scheduled Regional Haze Workshops ....................... ............................... 101 7. Resource Development Council Alaska Resources 2011 Annual Conference information...................................................................... ............................... 105 8. 10/28/2010 T. Eubank memorandum regarding annual notification of all City bank accounts and check signers ...................................... ............................... 107 ea - Suggested by: Administration CITY OF KENAI NO. 2516 -2610 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $13,800 IN THE VISITORS CENTER FUND FOR PROFESSIONAL SERVICES TO PROVIDE A COLLECTION INVENTORY. WHEREAS, the Visitor Center maintains the City's extensive historical collection; and, WHEREAS, the current inventory is outdated and needs to be updated; and, WHEREAS, the KCVB Inc. has identified and will contract with a qualified individual to perform the inventory; and, WHEREAS, it is in the best interest of the City to have a complete and accurate inventory of its historical collection. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Visitor Center Fund Increase Estimated Revenues: Appropriation of Fund Balance $13,800 Increase Appropriations: Visitor Center - Professional Services $13,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. ATTEST: Carol L. Freas, City Clerk -! / Approved by Finance: 1 1--� PAT PORTER, MAYOR Introduced: October 20, 2010 Adopted: November 3, 2010 Effective: November 3, 2010 New Text Underlined; [DELETED TEXT BRACKETED] -1- "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1992 MEMO: TO: City Council FROM: Rick Koch DATE: October 13, 2010 SUBJECT: Ordinance No. 2516 -2010, KCVB - Professional Services to Provide a Collection inventory The purpose of this correspondence is to recommend approval of the above referenced ordinance. This appropriation will provide funding for an individual with the appropriate education and experience to perform the tasks identified in the attached correspondence from Ms. Ala to me dated October 1, 2010. This process will also determine if items are surplus to the City's collection, and return items that have been loaned to the City. Thank you for your attention in this matter. -2- ` Convention & Visitors Bureau, Inc. To: Rick Koch, Kenai City Manager From Natasha Ala, Executive Director RE: City of Kenai Collection Inventory Date: Friday, October 01, 2010 The below expenses relate to the cost of hiring Christine Conn, M.A., History Museum Studies, to inventory all objects in the City's collection and perform the tasks described below relating to assessing the collection. Proposed timeline =10 weeks at 40 hours a week (400 hours) Costs Proposed per hour contractor fee at $15 per hour $6000.00 Housing for ten weeks $4800.00 Round trip Baltimore to Anchorage $700.00 Car Rental for ten weeks $2000.00 Supplies $300.00 Total Cost $13,800.00 The following are the tasks to be completed as part of a collections inventory and thorough reporting on the collection. • Ascertain that artifacts are cataloged using standardized nomenclature systems to ensure consistency throughout collection, • Assign catalog numbers to objects in a uniform manner and mark artifacts with numbers, • Enter missing information into collections database system (updated contact information, valuations on collection for insurance purposes), • Report current condition of artifacts and whether they are appropriate for exhibit display, • Identify conservation concerns and recommend appropriate measures, d wwwxiskkenal.com 11471 Kenai Spur Highway • Kenai, Alaska 99611 • (907) 283 -1991 • Fax (907) 283 -2230 • Email: info@visltkenai.com -3- • Monitor environment conditions while inventorying artifacts,. • Make sure acquisitions fit with current collection policy (i.e. follow up on long -term loans), • Photograph objects, • Move and arrange objects in collection storage areas, • Update accession filing system. The critical skills necessary to accomplish this project include: • Understanding of handling procedure for a broad range of material culture objects, archival materials, and fine art collections • Knowledge of collections registration and condition reporting methods, • High level of organizational and tracking skills, • Ability to research collections materials and people, comfort with contacting a broad range of individuals to update contact files and collections information. 13 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2517 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,167.75 IN THE CONGREGATE HOUSING CAPITAL PROJECT FUND DUE TO THE SETTLEMENT REACHED WITH THE INSURANCE COMPANY. WHEREAS, the dry pipe fire suppression system at the Congregate Housing facility experienced a failure in December 2009; and, WHEREAS, Ordinance No. 2483 -2010 appropriated $190,000 for the repairs to the facility from anticipated restitution; and, WHEREAS, the City has agreed to a settlement with the insurance company for $181,832.25; and, WHEREAS, the settlement amount is sufficient to complete the repairs at the Congregate Housing Facility but represents a reduction of $8,167.75 from what was originally anticipated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be decreased as follows: Congregate Housing Capital Projects Fund Decrease Estimated Revenues: Restitution $8,167.75 Decrease Appropriations: Construction $8,167.75 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City ClerlC) Approved by Finance: Introduced: October 20, 2010 Adopted: November 3, 2010 Effective: November 3, 2010 New Text Underlined; [DELETED TEXT BRACKETED] -5- U To: Rick Koch, City Manager `�� From: Terry Eubank Date: October 14, 2010 Re: Ordinance 2517 -2010 'f"Wlage with a Past, Git with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 The Vintage Pointe senior housing center experienced a failure in its newly installed dry pipe sprinkler system in December 2009. The City immediately filed claim with the installing contractor's insurance company seeking full restitution for the damages. Ordinance 2483 -2010 appropriated funds for repairs to the facility in the amount of $190,000 with restitution as the presumed revenue source. As reported, recommended by the administration, and subsequently approved by Council at the October 6, 2010 Council meeting, the contractor's insurance company has proposed full settlement of the claim for $181,832.25. As a result the City will receive $8,167.75 less restitution than previously estimated and appropriated. Ordinance 2517 -2010 seeks to reduce the prior appropriation to the settlement amount. Based upon project bid amounts there is sufficient budget at the settlement amount to complete the repairs absent any unforeseen damage yet to be discovered. on r- z�\ Suggested by: Administration CITY OF KENAI NO. 2518 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 IN THE GENERAL FUND AND VINTAGE POINTE CAPITAL PROJECT FUNDS FOR NEEDED ADA IMPROVEMENTS. WHEREAS, water damage repair work is currently in progress at Vintage Pointe; and, WHEREAS, needed ADA improvements have been identified, not related to the water damage project; and, WHEREAS, it is in the best interest of the City to fund and complete these upgrades at this time providing contractor efficiency and to minimize disruption to occupants. 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: Appropriation of Fund Balance Designated for Senior Programs $30,000 Increase Appropriations: Transfer to Vintage Pointe Capital Projects $30,000 Vintage Pointe Improvements Capital Proiect Fund Increase Estimated Revenues: Transfer from General Fund $30,000 Increase Appropriations: Construction $30,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 2010. PAT PORTER, MAYOR -7- Ordinance No. 2518-2010 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: ,�`[, x�•z 11-011 Introduced: October 20, 2010 Adopted: November 3, 2010 Effective: November 3, 2010 "V llaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 199] KE ttieailLASKA MEMO NDUM KENN� SKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: October 13, 2010 SUBJECT: Vintage Pointe Water Damage/ Vintage Pointe Apartment Renovation and ADA improvements. While working on the Vintage Pointe Water Damage project items have been identified that should be upgraded concurrent with the water damage project, these items were not damaged by the flooding but are adjacent to those repairs currently under way. This Ordinance provides funding for those upgrades including additional flooring and the design and construction for ADA compliance in unit 102 that are beyond the scope of the insurance settlement. Completing these upgrades at this time will provide efficiency and minimize occupant disruption. Estimated project budget: Design $3,625.00 Project Management/ Administration $3,800.DD Construction $15,212.00 Flooring $2,000.00 Contingency $5,363.OD Total $30,000.00 �11 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2010 -61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO ALASKA SURE SEAL FOR SNOWPLOWING/ SANDING SERVICES AT THE KENAI AIRPORT FOR AN AMOUNT NOT TO EXCEED $25,000. WHEREAS, on October 14, 2010, the City of Kenai requested bids for snowplowing/ sanding services at the Kenai Airport Terminal Building and various parking lots; and, WHEREAS, a competitive sealed bid process is a reasonable and acceptable means of securing services; and, WHEREAS, two bids were received on October 25, 2010 for the contract 2010 -2011 winter season (and may be extended for two successive one -year terms by mutual consent of the City and the Contractor); and, WHEREAS, the bid amounts received were as follows: Bidder Alaska Sure Seal Item 1 Snowplowing Per Hour $115.00 Item 2 Sander Per Hour $ 40.00 Item 3 Sand Cubic Yard $ 50.00 Redoubt View Enterprises Item 1 Snowplowing Per Hour $500.00 Item 2 Sander Per Hour $110.00 Item 3 Sand Cubic Yard $ 50.00 WHEREAS, both bids were found to be qualified, responsive, and responsible; and, WHEREAS, City Administration has determined Alaska Sure Seal submitted the lowest qualified, responsive, and responsible bid; and, WHEREAS, the recommendation from the City Administration is to award the contract to Alaska Sure Seal for an amount not to exceed $25,000; and, WHEREAS, sufficient monies are appropriated in the Airport/ M&O/ Repairs and Maintenance budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the bid for the snowplowing/ sanding services be awarded to Alaska Sure Seal. New Text Underlined; )DELETED TEXT BRACKETED) -10- Resolution No. 2010 -61 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of November, 2010. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk �% Approved by Finance: 7' Nom-" New Text Underlined; (DELETED TEXT BRACKETED -11- EA mu icii53r iLirp3 rt To 305 H. WILLOW ST. SUITE 200 KEW, ALASKA 99611 TELEPHONE 907,2837951 FAX 9G7- 2833737 Rick R. Koch - City Manager Terry Eubank — Finance Director From: Mary Bondurant — Airport Manage Date: October 26, 2010 Subject: Bid Results - Airport Snow Plowing /Sanding Services The Airport advertised on October 14, 15, & 17, 2010 for snow plowing /sanding services at the Kenai Airport terminal building and various associated parking lots. Three (3) bid packets were picked up and two (2) bids were received on October 25 at 2:00p.m. The Operations Supervisor and I reviewed the. following bids: Alaska Sure Seal 1. Snow Plowing 2. Sanding 3. Sand Redoubt View Enterprises 1. 2 3. Snow Plowing Sanding Sand $115.00 per hour $ 40.00 per hour $ 50.00 cubic yard $500.00 per hour $110.00 per hour $ 50.00 cubic yard Both bids were found to be qualified, responsive, and responsible. It is our recommendation that the contract be awarded to Alaska Sure Seal, the bidder who submitted the lowest responsive bid at the November 3, 2010 Council meeting. www.ci.kenai.ak.us. -12- j" AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 20, 2010 7:00 P.M. KENIAI CITY COUNCIL CHAMBERS httu: / /v,7vrw,,ci.kenai.ak-.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. CERTIFICATION OF ELECTION 4. ADMINISTER OATHS OF OFFICE 5. ELECTION OF VICE MAYOR 6, Agenda Approval. 7. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Vincent Goddard -- Public Safety Concerns Related to the Proposed Natural Gas Storage Facility in Kenai. 2. John O. Robertson, PhD, P.E. -- Expert Witness Testimony Regarding Public Safety Concerns Related to the Geology and Seismic Factors for the Proposed Natural Gas Storage Facility in Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2514 -2010 -- Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non - Metallic Cable in Type III, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008. -13- Ordinance No. 2515 -2010 -- Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use, 3. Resolution No. 2010 -58 -- Authorizing the Purchase of Approximately 4.234 Acres of Property Described as Government Lots 131, 165 and 166, Section 31, Township 6 North, Range 11 West, Seward Meridian, Kenai, Alaska from the State of Alaska for $3,500.00 for a Municipal Production Well Site and Wellhead Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or Other Public Recreation Purposes, 4, Resolution No. 2010 -59 -- Approving the Budget Transfer of $25,000 for a Snowplowing/ Sanding Service Contract for Services at the Airport Terminal Building, Kenai Flight Service Station and the Alaska Fire Training Center. 5. Resolution No. 2010 -60 -- Supporting the Use of Funding Provided Through the Economic Recovery Act for Buccaneer Alaska and Possibly Other Companies to Acquire a Jack -Up Drill Rig for Use in Cook Inlet. ITEM E: MINUTES *Regular Meeting of October 6, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 4. *Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. *Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. Approval /Action -- Approval of Lease to Kenai Nikiski Pipe Line, LLC (KNPL) for an Approximate 22,575 Square Foot Portion of Tract A, Plat No. 78 -111. Discussion/ Action -- Council Commission/ Committee Assignments -14- ITEM II: COMMISSION XOMMITTEE REPORTS L Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J• 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT -15- AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httl3://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Roll Call The City Clerk took roll. Present were: Barry Eldridge Ryan Marquis Robert Molloy Pat Porter Mayor Joe Moore 196 Absent was: Vice Mayor Hal Smalley and Council Member Boyle A quorum was present. Also present: Student Representative Hannah Coffman. A -3. CERTIFICATION OF ELECTION City Clerk Freas read into the Certification of Election into the record as follows: CITY OF KENAI REGULAR ELECTION OF OCTOBER 5, 2010 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 5, 2010. ABSENTEE (in- person, by -fax, personal needs, by- mail ) AND QUESTIONED BALLOTS RECEIVED 213 ABSENTEE/QUESTIONED BALLOTS REJECTED 17 ABSENTEE/ QUESTIONED BALLOTS COUNTED 196 -16- C KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 2 POLL VOTER TURN OUT 1 1279-- 15.1% TOTAL VOTER TURN OUT 1475-29% NUMBER OF KENAI REGISTERED VOTERS 5098 wwwxxwwxwxwxwwwwxxxwxxwwxwwwwwwwwwwzzwwwwxxwxwwxwwwwxxxxwxwwwwwwwwwxxwwwwxzxwxxxxx :xwwxxxwwxwwwwwwxxwxnxw MAYOR/ ONE, THREE -YEAR TERM: CANDIDATES POLL VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED PORTER, Pat 724 126 850 BOYLE, Mike 537 67 604' Write -Ins 5 3 8 CITY COUNCH. /TWO, ONE THREE-YEAR TERM EACH: CANDIDATES POLL VOTES RECEIVED ABSENTEE, ETC.VOTES RECEIVED TOTAL VOTES RECEIVED BOOKEY, Terry 643 81 724 SMALLEY, Hal 548 83 631 ELDRIDGE, Barry 330 I 57 387 GABRIEL, Brian G., Sr. 586 99 685 Write -Ins 9 2 11 MOTION: Council Member Molloy MOVED to certify the October 5, 2010 election results and Council Member Marquis SECONDED the motion. VOTE: Eldridge Yes Marquis Yes Molloy Yes Bo le Absent Porter Yes Smalle Absent Moore Yes MOTION PASSED UNANIMOUOSLY. Mayor Porter made a presentation to Council Member Eldridge thanking him for his years of service to the City as a member of the Council. Porter stated her thanks to Council Member Smalley as well. A -4. ADMINISTER OATHS OF OFFICE -- -17- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 3 Clerk Freas administered the Oath of Office to Pat Porter and she took her seat at the dais. Mayor Porter administered the Oath of Office to Terry Bookey and Brian Gabriel and they took their seats at the dais. BREAK TAKEN: 7:09 P.M. BACK TO ORDER: 7:12 P.M. A -5. ELECTION OF VICE MAYOR MOTION: Council Member Molloy MOVED to postpone the election of Vice Mayor until the fast meeting in November, 2010. Council Member Moore SECONDED the motion. VOTE: *Student Representative Coffman: Yes Book ey Yes Marquis ; Yes Molloy Yes Boyle Absent Porter I Yes Moore Yes Gabriel Yes MOTION PASSED UNANIMOUSLY. A -6. Agenda Approval The fo)lowing items were requested to be added to the packet: ADD TO: Item D -5, Resolution No. 2010 -60: • 10/ 19/2010 Senator T. Wagoner memo and back -up information. • 10/20/2010 D. Davis (Escopeta Oil) leter and back -up information. MOTION: Council Member Moore MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -7. Consent Agenda MOTION: sm KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 4 Council Member Molloy MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Vincent Goddard -- Public Safety Concerns Related to the Proposed Natural Gas Storage Facility in Kenai. Vincent Goddard, P.O. Box 1209, Kenai -- Mr. Goddard discussed his safety concerns related to the proposed natural gas facility to be located in the populated area of the City of Kenai; distributed a copy of a KU 13 -8 White Paper (he received it from Cook Inlet Natural Gas Storage Alaska) which reviewed the complexities involved with regard to the abandoned well on his and the City's property; and, urged Council to consider building another reservoir outside of the City. B -2. John O. Robertson, PhD, P.E. -- Expert Witness Testimony Regarding Public Safety Concerns Related to the Geology and Seismic Factors for the Proposed Natural Gas Storage Facility in Kenai. Dr. John Robertson, Fallbrook, California -- Dr. Robertson reported, as a petroleum engineer, he acts as an expert witness and evaluates projects; noted the proposed facility would be working with dangerous materials and bad things could happen; wanted the storage facility company to follow the right rules; and, distributed packets of information related to primary problems of the project and that risk to the urban area must be considered. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Richard Gentges -- Cook Inlet Natural Gas Storage Alaska (CINGSA) -- Mr. Gentges reviewed his background in the design, construction, and operation of new storage facilities; reported the Kenai site had never leaked gas; in developing the facility, they would have to comply with State and Federal regulations with regard to gas storage facilities; in the development, safety of the field is an obligation; and, he provided the Planning & Zoning Commission with a copy of a report that spoke to the safety of the gas storage industry. -19- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 5 Gentges stated he understood there was a potential for an appeal of the Commission's decision and asked if the approved Conditional Use Permit would be an issue that could be appealed. City Attorney Stearns stated the City could not give either party legal advice and comments made at this meeting would not be apart of a de novo record. Barry Eldridge, 2679 Bowpieker Lane, Kenai -- Mr. Eldridge noted he attended the Planning & Zoning Commission meeting when the Conditional Use Permit was approved; his understanding was the field was under the river and tidelands and included two structures (Kenai Landing and Inlet Fisheries); his home would be very close to the facility; and, he had no objection to the facility being placed at the proposed location. D -1. Ordinance No. 2514 -2010 -- Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non- Metallic Cable in Type I1I, IV, and V Construction as Otherwise Permitd in 334.10(3) of the National Electrical Code 2008, MOTION: Council Member Marquis MOVED to enact Ordinance No. 2514 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Coffman: Yes Bookey Yes I Marquis Yes Molloy Yes Boyle Absent I Porter Yes Moore Yes ( Gabriel Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2515 -2010 -- Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2515 -2010 and Council Member Molloy SECONDED the motion. -20- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 6 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no public comments. VOTE: *Student Representative Coffman: Yes Bookey I Yes Mar uis Yes Molloy Yes Boyle 1 Absent Porter Yes Moore Yes Gabriel I Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -58 -- Authorizing the Purchase of Approximately 4.234 Acres of Property Described as Government Lots 131, 165 and 166, Section 31, Township 6 North, Range 11 West, Seward Meridian, Kenai, Alaska from the State of Alaska for $3,500.00 for a Municipal Production Well Site and Wellhead Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or Other Public Recreation Purposes. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2010 -58 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -4. Resolution No. 2010 -59 -- Approving the Budget Transfer of $25,000 for a Snowplowing/ Sanding Service Contract for Services at the Airport Terminal Building, Kenai Flight Service Station and the Alaska Fire Training Center. MOTION: Council Member Marquis MOVED to enact Resolution No. 2010 -59 and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: -21- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 7 There were no objections. SO ORDERED. D -9. Resolution No. 2010 -60 -- Supporting the Use of Funding Provided Through the Economic Recovery Act for Buccaneer Alaska and Possibly Other Companies to Acquire a Jack -Up Drill Rig for Use in Cook Inlet. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2010 -60 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council/ Administration comments included: • Review of Senator Wagoner's memorandum explaining the request of Buccaneer for a resolution of support from the City of Kenai. • The resolution of support was required by Alaska Industrial Development Export Authority (AIDEA). • The added information received from Escopeta Oil was noted and it was explained Administration would contact them in the morning and explain the procedure, that the City would not be loaning the funds, and if Escopeta Oil requested, a similar resolution would be prepared for them. • This was not conduit financing. • It was believed both Buccaneer and Escopeta Oil held leases. VOTE: *Student Representative Coffman: Yes Bookey YesMar uis Yes Mollo Yes Boyle Absent Porter Yes Moore Yes Gabriel Yes MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of October 6, 2010 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G-1. Ratification of Bills -- None. G -2. Approval of Purchase Orders Exceeding $15,000 -22- C.. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 8 MOTION: Council Member Moore MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:06 P.M. G -3. *Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. Introduced with approval of the consent agenda. G -4. *Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. Introduced with approval of the consent agenda. G -5. *Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. Introduced with approval of the consent agenda. G -6. Approval /Action -- Approval of Lease to Kenai Nikiski Pipe Line, LLC (KNPL) for an Approximate 22,575 Square Foot Portion of Tract A, Plat No. 78 -111. MOTION: Council Member Moore MOVED for approval of the lease to Kenai Nikiski Pipe Line, LLC (KNPL) as specified in the memorandum provided in the packet. Council Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman: Yes -23- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 9 Bookey Yes Marquis Yes MolloyYes Boyle Absent Porter Yes Moore Yes Gabriel I Yes MOTION PASSED UNANIMOUSLY. G -7. Discussion /Action -- Council Commission /Committee Assignments MOTION: Council Member Marquis MOVED to postpone the Council Commission /Committee Liaison assignments to the next meeting and Council Member Bookey SECONDED the motion. VOTE: *Student Representative Coffman: Yes Bookey Yes Mar uis Yes Mollo Yes Boyle Absent Po_ rter Yes Moore Yes Gabriel Yes MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION/ COMMITTEE REPORTS H -1. Council on Aging -- Senior Director Craig reported on actions and discussions held at the October 14, 2010 Council on Aging meeting, noting the Council requested their regular November 11 meeting be rescheduled for November 18. (Clerk's note: It was later learned the Council on Aging requested its meeting be rescheduled but the motion to do so failed and it was requested the November 11, 2010 meeting be cancelled.) H -2. Airport Commission -- Council Member Moore reported the Commission met on October 14 and reviewed the meeting discussions and also noted the Commission requested the November 11 meeting be cancelled. H -3. Harbor Commission -- Public Works Director Ogle reviewed the October 11, 2010 meeting summary which was included in the packet. He also reported the Commission would hold a work session on Monday, October 25 to discuss development of a capital projects list. Council reviewed the Harbor Commission's attendance record which was included in the packet. Because of the amount of absences from meetings, Clerk Freas was requested to prepare a letter for Commissioner Niederhauser, thanking him for his service to the City. -24- i KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 10 H -4. Library Commission -- Council Member Marquis reported the October meeting had been cancelled. The November 2 meeting had been rescheduled to November 9. H -5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported the Commission would meet in a work session on October 21 to discuss capital projects list development. H -6. Planning & Zoning Commission -- Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Mr. Eldridge reported, as the alternate liaison he attended the October 13, 2010 meeting and reviewed actions taken. Council reviewed the letter of resignation from Planning & Zoning Commissioner Wells and accepted it with regrets. Discussion followed regarding appointment of a new Commissioner. Council reviewed applications included in the packet from Tim Wisniewski, Tim Navarre and Barry Eldridge. Council comments included: • A suggestion to publish a request for applications. • An objection to advertising and urged the appointment of Tim Navarre to the Commission. • Constituents had contacted him with regard to applying for positions. • There were other commission /committees with vacancies. • Advertising would provide the opportunity to get applications from interested public. • Suggestion to run an advertisement for two weeks, twice a week and select from those applications that may come forward. • Desire to appoint Navarre and advertise. Consensus of Council was to appoint Navarre and advertise for applications for two weeks, twice a week. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- Director Frates reported there was no quorum at the October meeting and the next meeting would be held on November 9. H -7b. Alaska Municipal League Report -- No report. Fl-%. Mini -Grant Steering Committee -- No report. H -7d. Kenai Convention & Visitors Bureau -- No report. -25- KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 11 H -7e. Reports of KPB Assembly, Legislators and Councils -- Assembly Member Gary Knopp congratulated the candidates and those elected; updated on Alaska Municipal League Conference plans; and reviewed actions taken at the October 12, 2010 Borough Assembly meeting. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported on a new business; requested a picture of the Council be taken at the next meeting; suggested Council consider limiting the length of time political signs may be placed and the size of political signs; and reported she would be speaking at the Anchorage Chamber of Commerce meeting on November 1. It was suggested the report of the Assembly Member be moved up earlier on the agenda. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch congratulated the new Council Members and Mayor's election; reported on the ICMA Conference he had attended; reported he was working with commissions and committees with regard to their responsibilities and developing capital improvement lists; and, gave a report on the Kenai River Special Management Area study. J -2. Attorney -- Attorney Stearns reported she recently returned from the International Municipal Lawyers Conference which she found to be very beneficial; and she would be making an Open Meetings Act presentation to the Alaska Association of Municipal Clerks at its annual meeting prior to the Alaska Municipal League Conference in November. J -3. City Clerk -- No report. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) None. K -2. Council Member Comments Moore -- Welcomed the new Council Members and stated he was looking forward to working with them. Gabriel -- Thanked Eldridge for his years of service and congratulated all the candidates and stated he was looking forward to working with the Council. Bookey -- Congratulated all the candidates, thanked Eldridge and Smalley for their years of service, and added he was looking forward to serving on the Council. NO KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 12 Coffman -- Reported on events to take place at the school, including band concert, parent /teacher conferences, wrestling and volleyball tournaments, and swim meet. Marquis -- Thanked Assembly Member Knopp for his report, Planning & Zoning Commission Chair Twait for attending the meeting; thanked Eldridge for his service and would look forward to working with him again in another circumstance; and, congratulated the new Council members. Molloy -- Stated he appreciated the information given by Mr. Goddard and Dr. Robertson; expressed his gratitude to Eldridge and Smalley for their service to the City and appreciated working with them on all City business; thanked Eldridge for attending the last Planning & Zoning Commission meeting for him; congratulated Porter, Bookey and Gabriel and would look forward to working with them. EXECUTIVE SESSION -- None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M• ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:53 p.m. Minutes submitted by: Carol L. Freas, City Clerk "The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes hsall be recorded in the minutes. A student representative may not move or second items during a council meeting. -27- PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: NOVEMBER 3, 2010 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 457 PLAN ICMA 457 PLAN VARIOUS LIABILITY 28,691.42 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 77,685,31 PIERS OCTOBER PIERS VARIOUS LIABILITY 160,695.42 N INVESTMENTS co VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF, NOVEMBER 3, 2010 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT FOURTH AVE. CULVERT KENAI WATERSHED FORUM REPLACEMENT NORTHERN TECHNOLOGY KAGHEMAK ELECTRIC FYI COMPUTER SUPPORT 94427 - STREET & SEWER PROJECTS C/O #1 93643 - NON -DEPT. 93702-MULTI-PURPOSE MULTI - PURPOSE FACILITY LIGHTING FACILITY INCREASE SUPPORT C/O #1 11,380.00 15,000.00 4,645.55 48,732.00 30,000.00 63,232.55 / "Villaye with a Past, C# with a Fay are" ref, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 v d" Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 �� tkecifyof Z1 MEMORANDUM KEN SKA TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Managed _- DATE: October 26, 2010 SUBJECT: Multipurpose Facility Lighting Upgrade 2010 Please increase PO 93702 to Kachemak Electric Company by $4,645.55 for Order No. 1 for Kenai Multipurpose Facility Lighting Upgrade -2010 contract dated June 28, 2010. The increase is for minor changes in construction as detailed in Change Order No 1. For Council Approval: November 3, 2010 CITY OF KENAI CAPITAL PROJECTS –HANGE ORDER NO. 1 Initiation Date: October 26, 2010 Project: Kenai Multipurpose Facility Lighting Upgrade - 2010 Contractor: Kachemak Electric Company, INC. Contract Date: June 28, 2010 PO Box 373 Account #: 217 - 450.8198 Kenai, AK 99611 Purchase Order#: 93702 Contractor is hereby directed to make the following changes in the contract: 1) CR 1 (FO #1) Provide replacement emergency lighting ........... _................................ $ 3,765.55 2) CR 2 (FO #2) Trace and identify unlabeled circuits in panel and switches .... _........... _$ 280.00 3) CR 3 (FO #3) Re route circuit for new exterior light .............. ___ ......... _--------------------- $ 600.00 Total Net Cost of Change ................. ............................... 4.645.55 REASON FOR CHANGE: 1. Safety– provided cold rated emergency lighting 2. Safety and efficient operation 3. Utilized existing circuit for building lighting. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. Signature of the Contractor indicates agreement herewith, including all adjustments in the Contract Sum or Contract Time. The Original Contract Sum was ............................................................................... ............................... $ 58,587.00 Net Change by previously authorized Change Orders .................................................. ............................... $ 0.00 The Contract Sum prior to this Change Order was ..................................................... ............................... $ 58,587.00 'he Contract Sum will be increased by this Change Order ........................................ ............................... $ 4,645.55 the New Contract Sum including this Change Order will be ....................................... ............................... $ 63,232.55 The Contract Time will be increased by this Change Order by ........................................ ............................... 20 days OWNER: CITY OF KENAI By: Name: Rick R. Koch Title: City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss. THIS IS TO CERTIFY that on this _ day of , 201_ Rick R. Koch, City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: �— Approved by Legal: _ Approved by Finance: CONTRACTOR: KACHEMAK ELECTRIC CO., INC By: Name: Mark Cialek Title: President STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this _ day of , 201_ Mark Cialek, President of Kachemak Electric co., Inc, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: -31- MEMO: ""Village wA a Past, Gc�y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.d.kenai.ak.us 1991 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Managed DATE: October 28, 2010 SUBJECT: Assignment and Assumption of Lease Agreement Kathy Chircop, Realtor, d /b /a Reflections Realty Group of Kenai currently leases 150' of office space at the Kenai Municipal Airport Terminal and has requested to assign her lease to Alaska Realty Group, Inc. Attached is the request as well as the proposed Assignment and Assumption of Lease Agreement. The lease states, "The Lessee shall not assign all or any portion of this lease ... without the City's prior written consent." Kathy Chircop and Alaska Realty Gorup, Inc. are in compliance with the City of Kenai and the Borough sales tax payments. The City Attorney has reviewed the document and has no objection to the form. If Council approves the assignment, the Assignment and Assumption of Lease Agreement can be executed. Attachment cc: Kathy Chircop, Realtor, d /b /a Reflections Realty Group Mary Bondurant, Airport Manager -32- ALASKA REALTY GROUP, INC. Located in the Kenai Airport 305 N. Willow STE 1.06 Kenai, AK 99611 Office (907)335 -3333 Fax (907)283 -3883 To Whom It May Concern; Please make note of our address, business name, phone number, etc. If you could input into your system and change over the lease, billing, and any other documents that are still in the previous occupants name, we would greatly appreciate it. If you have any questions, feel free to contact us. Thank you so much. Sincerely, Kathy Chircop- Broker -33- 1001 100'd oFzt* 96 £1 010Z'BZ'1A0 ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT Kathy E. Chircop, Lessor under that certain Lease of Airport Facilities dated December 1, 2009, by and between the City of Kenai (Lessor) and Kathy Chircop d/b /a Reflections Realty Group of Kenai (Lessee) dated December 1, 2009, covering the following- described premises located in the City of Kenai: Office space #21, first floor, terminal building, Kenai Municipal Airport, Kenai Recording District, Kenai, Alaska, within the NW '' /a, SE t /,, Section 32, T6N, RI 1 W, S.M, consisting of 150 square feet, more or less (the Lease), hereby assigns all of her right, title, and interest in that lease to Alaska Realty Group, Inc. and subject to all the conditions and terms contained in the Lease. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and obligations which may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease. LESSEE /ASSIGNOR KATHY E. CHIRCOP: Kathy E. Chircop ASSIGNEE ALASKA REALTY GROUP, INC.: Assignment And Assumption Of Lease Agreement airpon!Chircop/Awgnls c2l 10US10 ,� Kathy E. Chircop President -34- Page I of STATE OF ALASKA. } )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that the foregoing document was acknowledged before me this IC-) day of O�Ifp010, by Kathy E. Chircop. STATE OF ALASKA THIRD JUDICIAL DISTRICT Notary Public for A14ska My Commission Expires: `5 l )ss THIS IS TO CERTIFY that on this 15 day of October, 2010, the foregoing instrument was acknowledged before me by Kathy E. Chircop, President of Alaska Realty Group, Inc., an Alaska corporation, on behalf of the corporation. ttutcrarrr Notary Public for Al ka `J - kolMt; My Commission Expires: '�� a CONSENT TO ASSIGNEMNT The City of Kenai hereby consents to the assignment of the above - referenced lease from Kathy E. Chircop to Alaska Realty Group, Inc. Lessor's consent to assignment shall not be deemed to be a consent to any further or subsequent assignment. CITY OF KENAI By: Assignment And Assumption Of Lease Agreement airporNChircoplAm9nLcasc21 100510 Rick R. Koch City Manager -35- Page 2 of 3 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT } The foregoing instrument was acknowledged before me this _ day of October, 2010, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Start City Attomey Return to: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Assignment And Assumption Of Lease Agreement mrportiCFircnp/AssiB�rLease? 1 100510 t_. -36- Page 3 of 3 SECOND AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT FOR THE KENAI VISITORS AND CULTURAL CENTER This Amendment is made as of the day of , 2010, by and between the CITY OF KENAI, a municipal corporation (City) whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and the KENAI CONVENTION AND VISITORS BUREAU, INC. (KCVB) whose address is 11471 Kenai Spur Highway, Kenai, Alaska 99611. WITNESSETH WHEREAS, on December 18, 2009, the City and the KCVB entered into a Facilities Management Agreement for the management of the Kenai Visitors and Cultural Center ("Agreement "); and, WHEREAS, on May 11, 2010, the City and the KCVB amended Section 7 of the Agreement to modify payment terms; and, WHEREAS, the City has a large collection of art, artifacts, and historical and cultural items that are owned by the City or that are loaned to the City and these items are located at the Kenai Visitors and Cultural Center; and, WHEREAS, these objects have not been properly cataloged and, over the years, the record keeping with respect to the items has been inconsistent; and, WHEREAS, the City requested that the KCVB propose a plan for making a complete inventory and catalogue of these items; and, WHEREAS, the KCVB has identified a third -party contractor, Ms. Christine Conn, who has the credentials, experience, and training to conduct work on the City's collection at the Center; and, WHEREAS, the parties accordingly wish to further amend the Facilities Management Agreement for the Kenai Visitors and Cultural Center to add additional services and compensation to the KCVB to perform these new services. NOW THEREFORE, the parties agree as follows: 1. The Agreement at Section 3, Scope of Services, is amended by adding a new subparagraph I.F. to read as follows: Second Amendment to Facilities Management Agreement Page 1 of 3 -37- Section 3 — Scope of Services 1) Specific Services F. Conduct a collections inventory of art, artifacts, and cultural and historical items ( "objects ") stored at the Center. The KCVB shall provide the City with a catalogue of the objects using a standardized nomenclature system with assignment of catalog numbers to all objects in a uniform matter. The objects shall be marked with numbers and all information shall be entered into a Past Perfect Museum Software database of the collection which database shall include updated contact information of the known owner, valuations, and other pertinent information typically included in such databases. KCVB shall also provide a report of the condition of each object which report shall contain an opinion about whether a particular object is appropriate for display and whether the object fits within the City's current collection policy. KCVB will photograph all objects, move and arrange the objects in collection storage areas, and update the accession filing system for the objects. The City shall own the work product of these efforts. The scope of this work is also reflected in Exhibit A attached hereto. To perform this work, the City will upon invoice from KCVB, pay KCVB a fee of $13,100 to retain a contractor who possesses the critical skills and training necessary to accomplish this work in a professional manner. In addition, at the City's election, the City shall provide KCVB either with a round -trip airline mileage ticket for travel for any contractor retained by KCVB to perform these services or the City shall pay up to $700 to KCVB to offset air transportation costs. 2. Except as expressly modified or stated herein, all other terms and conditions of the Facilities Management Agreement for the Kenai Visitors and Cultural Center as previously amended remain in full force and effect. Second Amendment to Facilities Management Agreement Page 2 of 3 am CITY OF KENAI By: Rick R. Koch Its: City Manager KENAI CONVENTION AND VISITORS BUREAU, INC. By: Natasha Ala Its: Executive Director Approved as to form: Z;. Krista S. Stearns City Attorney State of Alaska } ss Third Judicial District ) The foregoing instrument was acknowledged before me this day of 2010, by Rick R. Koch, City Manager for the City of Kenai. Notary Public of Alaska My Commission Expires: State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of , 2010, by Natasha Ala, Executive Director of Kenai Convention and Visitors Bureau, an Alaska Corporation, on behalf of the corporation. Notary Public of Alaska My Commission Expires: Second Amendment to Facilities Management Agreement Page 3 of 3 -39- u "Villa e With a PaSL CiE y wiM a F"t"re 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor and Council Members FROM: Carol L. Freas, ity Clerk City of Kenai ��� DATE: October 29, 20 0 RE: Appeal of Planning & Zoning Commission Approval of the following: PZ10 -41 - An application for a Conditional Use Permit for a Natural Gas Storage Facility for the property known as SE1 14 SE14 Section 4, Township 5 N, Range 11 W SK (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. PZ10 -42 - An application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. A letter of appeal was received on Thursday, October 28, 2010 for the above - referenced matters. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: .R THIRTY -DAY END DATE Saturday, November 27, 2010 (roll to Monday, November 29) COUNCIL MEETING DATE (within 30- day requirement) ! November 23, 2010 (rescheduled from November 17) SIXTY -DAY END DATE December 27, 2010 November /December Council Meeting Dates November 23, December 1, and December 15, 2010. Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. cif -41- � i_ W COUNMICOMMZSSSON MEETMG CALENDAR -42- 1 2 3 4 ;5 6 ELECTION CITY COUNCIL Wonk 3eo5704 DAY MEETING, 7P, ,A`,X COUNCIL A*i) Library CHAMBERS ���� ���� �7, �N- 4-ft Commission Meeting, 7p, f Council Chambers 1 !D �. • /%tom i 7 8 9,11, 10 11 12 13 Harbor PLANNING & HOLIDAY/ Commission ZONING OFFIC Meeting, 7p, COMMISSION OLD D Council MEETING, 7P, Chambers �„- L 64 COUNCIL �6r/� CHAMBERS nj I?pn. 14 15 16 17 18 19 20 CITY COUNCIL MEETING, 7P,cn')..,,:' COUNCIL CHAMBERS c.mxmco��ulw- xoeenwx cnmui m cw.rxa,ww r x..uw�rro.wio, 21 22 23��,LJ` 24 25 26 27 CI ""��1 PLA 1 HOLIDAY /CITY HOLIDAY /CITY 7f Z III�,���,�n C OFFICES OFFICES ,MSSION NG, 7P, CLOSED CLOSED /DUNCIL HAMBERS G /,, Cri 28 29 30 011 if ti M T A. I I' S S Ni 1 R, 1 i' .S 10 1! 12 1, li 19 Ib 11 U 14 1i !h I' Ik. C 19 Pi • '1 :' ?' 0 20 21 C_ _, 24 V< -42- COUNCIL /COMMISSION MEETING CALENDAR Sunday Monday Tuesday Wedunclay Thnrsda, Friday Saturday 1 2 3 4 N.,2010 1., 2011 CITYCOUNCIL jzlw p' y S M 9 W 'I' I' S S Al 'I' W .f F S MEETING, 7P, . 1_ 3 4. 6 I COUNCIL ..,_�L OVe4 7 8 9 10 11 12 19 2 3 4 5 6 7 8 CHAMBERS 14 15 16 17 19 19 20 9 10 II 12 13 14 15 71 22 2i 24 25 26 27 16 17 18 19 20 2T 22 28 29 30 19 24 25 26 27 28 29 30 31 I 5 6 7 8 9 10 11 Harbor G�/f PLANNING& Alreort CommiaSion Meeting, 7p, rr ZONING COMMISSION oaa'mlaaron Council -• JJ 7/ MEETING, 7P, Co..111 Chamnen Chambers COUNCIL CHAMBERS Coon.ilan A91na Meetiip, 4'39p, i Senior Cellar 12 13 14 15 116 17 18 t P-4& Cemetery 2eNMdG Carbonates — I .G6MMIBFFOLI, NO MEETING 7P, COUNCIL SCHEDULED. I CHAMBERS 119 20 21 22 23 �24 25 PLANNING & XO !CITY ZONING OFF F ES COMMISSION I C SED MEETING, 7P, COUNCIL CHAMBERS 26 27 28 29 30 31 -43- ""Village with a Past, Gc�l with a Ftdtire" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 -__ Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us U MEMORANDUM TO: Mayor/ Council Members FROM: Carol L. Freas, City pClerk'/ DATE: November 3, 20100 RE: APPEAL TO BOARD OF ADJUSTMENT -- VINCENT L. GODDARD In order to assist you in scheduling a Board of Adjustment Hearing for the Goddard Appeal, I contacted the parties and requested dates when they or their representatives would not be available. The information received is as follows: Goddard -- UNAVAILABLE November 29 - December 11, 2010 Enstar /CINGSA -- UNAVAILABLE November 4 -29, 2010 December 9, 2010 December 15 -17, 2010 December 22 -31, 2010 Attached are November, December and January calendars. The "unavailable" dates noted above are marked with an "X ". The 60 -day period deadline for scheduling a hearing is December 27, 2010. Attachments elf COUNCIL /COMMISSION MEMNG CALENDAR Sunday i Monday 1 ­ Tuesday -Wednesday 3 7bursday Friday Saturday 6 CITY COUNCIL /G AMEETING, 7P, COUNCIL u CHAMBERS 7ELECTION 7 2 13 Harbor H LIDAYI C mmie on �� FFI M tin , 7p, N D u og cP , X C berc 1� 7pm. 14 15 1 1 20 CI V C NCIL ME G!"71, C NCIL C BERS �^^`^"'•- cw.so� w M�FF�'.iYp. 21 2 3 4 2 27 H IDA /CITY HOLI Y/C FF ES OFF C SION C SED CLOS G, 7P, CIL C RS 28 29 30 21,ie f"'2NIO S M 'r w T r s s M T V r e s 1 I . x In II R 1, IV 11 In Q $3 14 11 Ih 1' IR iI IF I4 IN 11 2.. 19 20 21 1.' 24 15 bl ?.. M 27 >F pi 1u 24 !7 21 10 ,1 ___ N1 -42- Nuv2010 5 M 1 W 'I' f' S 1 2 3 4 6 7 8 9 10 11 12 E3 14 15 IL 17 is 19 20 21 22 23 24 25 26 27 28 29 30 COUNCIL /COMMISSION MEETING CALENDAR lm 2011 S M '1' W T F 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 r� ia°Cd, Y s 0 No r om mion ^ Naeu Ty, 9 .7v. !J N cuntil P, C here XLANNI E c ^ unn AePg p1 , 4:JOp, bsnl Gntn 12 13 14 5 16 117 18 & Cemetery Committee — 1 NO MEETING ] UNCIL SCHEDULED. C MBERS 19 20 21 �4 25 OLID /Cm OFF ES C SED YZONIN 26 7 2 9 30 31 ., ti -43- January 2011 COUNCIL /COMMISSION MEETING CALENDAR Sunday Monday Tuesday Wednesday Thinsclay Friday Saturday 1 Dec 2010 Feb 2011 S M T W T F S S- M T W T F S 1 2 3 4 1 2 3 4 5 5 6 7 8 9 10 11 6 7 8 9 10 11 12 12 13 14 15 16 l7 18 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 27 28 2 3 4 G�; y 5��� 6 7 8 9 10 /v�rbov 11 iH�,' 12 �tZ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 r ROOM CITY BOARDS, COMMISSIONS & COMMITTEES CURRENT LIAISON ASSIGNMENT Council on Aging Council Member Mike Boyle Airport Commission Council Member Joe Moore Harbor Commission Council Member Hal Smalley Library Commission Council Member Ryan Marquis Parks & Recreation Commission Council Member Mike Boyle Planning & Zoning Commission Council Member Bob Molloy Alternate: Council Member Barry Eldridge Beautification Committee Mayor Pat Porter Mini -Grant Steering Committee Council Member Joe Moore Advisory Cemetery Committee Council Member Barry Eldridge OTHERS: Kenai River Special Management Advisory Board RSMA Public Works Director Wayne Ogle Alternate: City Manager Rick Koch Economic Development District (EDD) John Mellish Cook Inlet R 'onal Citizens Advisory Council CIRCAC John J. Williams Kenai Visitors & Convention Bureau Board Council Member Hal Smalle Kenai. Economic Development Strategy Barry Eldridge/ Mayor Porter Alaska Municipal League Council Member Hal Smalley .. (1/29/2010) 2011 -2012 CITY OF KENAI BOARDS, COMMISSIONS & COMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS & COMMITTEES CURRENT LIAISON ASSIGNMENT Council on Aging Council Member Mike Bo le Airport Commission Council Member Ryan Marquis Harbor Commission Council Member Brian Gabriel Library Commission Council Member Robert Molloy Parks & Recreation Commission Council Member Joe Moore Planning & Zoning Commission Rotate Monthly 11/2010 = Marquis 12/2010 = Boyle 1/2011 = Moore 2/2011 = Porter 3/2011 = Molloy 4/2011 = Booke 5/2011 = Gabriel 6/2011 = Marquis 7/2011 = Porter 8/2011 = Boyle 9/2011 = Molloy 10/2011 = Booke SBeautification Committee Mayor Pat Porter Mini -Grant Steering Committee Mayor Pat Porter OTHERS: Kenai River Special Management Advisory Board KRSMA Administrative Staff Member Economic Development District (EDD) BarTy Eldridge citizen Cook Inlet Regional Citizens Advisory Council CIRCAC John J. Williams citizen Kenai Visitors & Convention Bureau Board Council Member Terry Booke Kenai Economic Development Strategy Barry Eldridge citizen Mayor Porter Alaska Municipal League Assembly Member Hal Smalley Assembly Member Gary Knopp (11/3/2010) "t i- .r. 44 'f (c) (d) (e) No member sMI vote on any question in which he is pecuniarily interested directly or indirectly and in which his vote may be deci- sive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he may derive income and benefits other than those provided as remuneration for his official duties, he shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the in- terest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and un- til at least seven (7) days shall have elapsed after the publishing and posting of said state- ment as required herein. (See also Chapter 1..85.) Every member who shall be present when a question is put, when he is not disqualified by personal interest, shall vote, unless the Coun- cil for special reason excuses him. Applica- tions to so excuse must be matte before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, in all cases where an extraordi- nary majority is not required, and when no motion is before the Council, the Chairman may, in lieu of calling for or waiting for a mo- tion to he made, put the question in the fol- lowing form: "Without objection, it will be so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have 1,15.110 the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (KC 1 -18) 1.15.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as a non - emergency ordinance, and may be passed in the same manner as other non - emergency ordinances. b} In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Or- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended temporarily for a spe- cial purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitled it to consideration, (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pre - siding officer shall, or any member may, call him to order; in which case the member so called to order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall be at liberty to pro- ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC 1 -19) 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the mem- her declares that circumstances prevent physical attendance at the meeting. If the 9 1 MK ow Supp. No 91, 607) -45- 1.15.130 Mayor chooses to participate via telephone, the vice -mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic par- ticipation in a particular meeting may partici- pate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) days prior to a council meet- ing, but not less than forty-eight (49) hours in advance of a meeting that the member pro- poses to attend by telephone. Such notifica- tion shall be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pur- suant to subsection (n) or (o), and shall pro- . vide the physical address of the location, the t telephone number, and any available facsim- ile, email, or other document transmission service. Failure to provide the notification in writing and within the period of time pro- vided herein shall result in the member's ex- clusion from attendance of a council meeting through telephonic participation. Upon writ- ten notification of the member(s) wishing to participate telephonically (within the allotted timehame), the Clerk shall notify all council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meet- ing, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to mem- (Kermi Supp.. Na 91. 6-07) 10 bers participating by telephone at the mem- ber's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall com- mence or continue as scheduled and the Clerk shall attempt to establish or restore the con- nection. Q) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by tele- phone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice mayor or any other member serving as presi- dent pro tempore. (n) Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12) month period starting November Ist of each year. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November Ist of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or mem- ber's immediate family. -46- (p) In this section, "immediate family" means the spouse of the person, another person cohabi- tating with the person in a conjugal relation- ship that is nor a legal marriage, a child (in- cluding a stepchild or foster child) of the per- son, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance and/or back -up mate- rial transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not con- sidered to be on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance and/or back -up ma- terial shipping charges may be deducted from the member's monthly stipend. (Ords.2110 -2005, 2168 - 2006,2203 -2006) 1.15.130 10 -1 (Kenai Supp. No. 91, 64n) -47- TELEPHONIC PARTICIPATION FORM As required by KMC 1.15.130, submission of this completed form to the Kenai City Clerk, declares that circumstances prevent my physical attendance at the Council Meeting and I choose to participate in that meeting via telephone. NAME: DATE OF SUBMISSION: [If reasonably practicable, notification to Clerk shall be at least seven (7) days prior to a council meeting, but not less than forty -eight (48) hours in advance of the meeting the member proposes to attend by telephone (KMC 115.130(c).] Is the telephonic participation pursuant to: One of two meetings allowed by teleconference during the twelve -month period starting November of each year (KMC 1.15.130(n); or, One of two additional meetings in a twelve -month period because I am physically unable to attend the meeting due to the need for extended medical care and treatment of a member or members of my immediate family (KMC 1.15.130(o). PHYSICAL LOCATION FROM WHERE I WILL BE TELEPHONICALLY PARTICIPATING: FACILITY INFORMATION: Telephone Number: Fax Number: Room Number: PHONE NUMBER FOR TELEPHONIC CONNECTION: NOTES: CLERK'S OFFICE USE ONLY: Date Received: Information Distributed to Council Members: Teleconference Operator Used M M "Iviilaye with a Past, C# wN a Ad"re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: September 10, 09 RE: Appeal of Enforcement Order/Property Known as KNE112 W112 NW114 NW1 14 (2021 Wyatt Way) in Violation of KMC 14.20.050(h) (Outside Storage of Junk) and KMC 12.25.030 (Leaving of Junked or Illegally Parked Vehicles). Appeal submitted by Lynford Disque, d/b /a Circle D Restoration and Racing. A letter of appeal was received on Monday, November 1, 2010 for the above- referenced matter. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: THIRTY -DAY END DATE Wednesday, December 1, 2010 COUNCIL MEETING DATE (within 30 -day requirement) Tuesday, November 23, 2010 SIXTY -DAY END DATE Friday, December 31, 2010 November /December Council Meeting Dates November 23, December 1 and December 15, 2010 Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. clf COUNCIL ON AGING OCTOBER 14, 2010 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- September 9, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Goals for 2010 -- Survey b. Discussion -- Fees for Services ITEM 6: NEW BUSINESS a. Discussion -- Commission Duties and the Relationship Between Commissions, Administration and Council b. Discussion -- Budget, Including Vintage Pointe C. Discussion/ Request -- Cancel or Change November Meeting Date ITEM 7: REPORTS a. Council on Aging Chair b. Director C, Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. November 11, 2010 (Veterans Day) ITEM 9: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of September 15 and October 6, 2010. ITEM 12: .• COUNCIL ON AGING OCTOBER 14, 2010 KENAI SENIOR CENTER 4:30 P.M. VICE CHAIR VELDA GELLER, PRESIDING ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Geller called the meeting to order at approximately 4:36 p.m. Roll was confirmed as follows: Members present: Members absent: Staff/ Council Liaison present: L. Flowers, E. Jones, V. Geller, B. Osborn, L. Nelson, M. Milewski, C. Unger, J. Hollier (arrived late) V. Graham Senior Center Director R. M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Craig, Council Member Member Flowers MOVED to approve the agenda as presented and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- September 9, 2010 MOTION: Member Osborn MOVED to accept the minutes of the last meeting and Member Milewsld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5• OLD BUSINESS S -a. Discussion -- Goals for 2010 -- Survey Senior Center Director Craig reviewed the goals for 2010 and general discussion followed. Council decided to review the survey in December and prepare it for the January 2011 newsletter. 5 -b. Discussion -- Fees for Services General discussion occurred. It was noted there were donation jars throughout the building for activities and the line dance instructor was the only activity paid for by -50- the center. It was suggested the Senior Line Dancers seek sponsorship through a company for the fee. ITEM 6• 6 -a. Discussion -- Commission Duties and the Relationship Between Commissions, Administration and Council City Manager Rick Koch reviewed the duties of the Council on Aging, noting the Council was a requirement for grant funding. 6 -b. Discussion -- Budget, Including Vintage Pointe Koch reviewed the Senior Center budget, noting grants had remained flat; and noted he would speak to legislators to see about increasing grant funding. 6 -c. Discussion /Request -- Cancel or Change November Meeting Date MOTION: Member Osborn MOVED to reschedule the November meeting to November 18, 2010 and Member Holder SECONDED the motion. NOTE: Hollier YES Flowers NO Jones NO Geller NO Osborn YES Nelson NO Milewski I NO I Graham JABSENT -__ Unger NO MOTION FAILED. The Council requested the City Clerk cancel the November meeting. ITEM 7: REPORTS 7 -a. Council on Aging Chair -- No report 7 -b. Director - -Craig thanked everyone that participated in the October "Clean Up" day, noting 25 seniors volunteered to sort and reorganize, and noted the event could become a yearly event. 7 -c. Council Liaison -- No report ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION S -a. November 11, 2010 (Veteran's Day) COUNCIL ON AGING MEETING OCTOBER 14, 2010 PAGE 2 -51- Council requested the City Clerk cancel the November meeting. ITEM 4: OUESTIONS & COMMENTS -- None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of September 15 and October 6, 2010. ITEM 12: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:47 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -52- COUNCIL ON AGING MEETING OCTOBER 14, 2010 PAGE 3 KENAI AIRPORT COMMISSION OCTOBER 14, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- August 12, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Float Plane Basin Lease Lot Alternatives -- Wince - Corthell- Bryson ITEM 6: a. Discussion -- Commission Duties and the Relationship Between Commissions. Administration and Council b. Discussion -- Scheduling 11th Kenai Peninsula Air Fair C. Discussion/ Request -- Cancel or Reschedule November Meeting Date ITEM 7: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. November 11, 2010 (Veterans Day) ITEM 9: ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for September 15 and October 6, 2010. b. Airport Bulletin 03 -2010 -- Open and Unattended Gates C. Airport Bulletin 04 -2010 -- Airport Winter Snow Removal Operation d. Float Plane Basin Activitv -- 2006 - 2010 e. September 2010 Enplanement f. Airport Manager's Report -- September 2010, October 2010 -53- g. Airport Improvement Program -- FY1982 - FY2010 ITEM 12: ADJOURNMENT -54- �^ KENAI AIRPORT COMMISSION OCTOBER 14, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING 1 MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, G. Feeken, R. Rogers Commissioners absent: L. Porter Staff /Council Liaison present: Airport Manager M. Bondurant, Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Knackstedt noted Casey Madden had not arrived and recommended moving Item 5 to after Item 6. MOTION: Commissioner Knackstedt MOVED to approve the agenda with the above noted change and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 12, 2010 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of August 12, 2010 and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5 -a. Discussion -- Float Plane Basin Lease Lot Alternatives -- Wince - Corthell- Bryson Deputy Clerk's Note: This item was discussed after Item 6, as Mr. Madden had not yet arrived. -55- Casey Madden, Wince- Corthell- Bryson -- Reviewed four alternatives to the design of lease lots on the east side of the floatplane basin. General discussion occurred. Commission requested minor changes to Alternative #2, which would be forwarded to the Airport Manager and who would forward to the Commission for review and comment. Council Member Moore requested the final configuration be sent to Council for review. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Commission Duties and the Relationship Between Commissions, Administration and Council Airport Manager Bondurant noted City Manager Koch had a conflict and was not able to attend and informed the Commission the item would be rescheduled. 6 -b. Discussion -- Scheduling l ltr Kenai Peninsula Air Fair Commission reviewed the calendar for the 2011 Kenai Peninsula Air Fair. MOTION: Commissioner Rogers MOVED to set the 2011 Kenai Peninsula Air Fair for June 4, 2011. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. 6 -c. Discussion/ Request -- Cancel or Reschedule November Meeting Date MOTION: Commissioner Rogers MOVED to request the City Clerk cancel the November Airport Commission Meeting and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair -- None 7 -b. Airport Manager -- Bondurant reviewed the following: • Information items in the packet. • The snow plowing/ sanding contract was out to bid. • The Apron Rehab project was completed for the winter. • Hertz would be out of the terminal as of October 31, 2010. • Car rental agreements would expire December 31, 2010, and Administration was working on new agreements. AIRPORT COMMISSION MEETING OCTOBER 14, 2010 PAGE 2 -56- • The Airport Administrative Assistant would be retiring October 29, 2010. 7 -c. City Council Liaison -- Council Member Moore reported the election results and reviewed the Action Agenda items included in the packet. Commission invited the new Council Members to attend a fixture Airport Commission meeting. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. November 11, 2010 (Veterans Day) The Commission requested cancellation of the November meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Knackstedt noted he thought the "temporary" transient parking had not been done very well. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Meeting Action Agendas for September 15 and October 6, 2010. 11 -b. Airport Bulletin 03 -2010 -- Open and Unattended Gates 11 -c. Airport Bulletin 04 -2010 -- Airport Winter Snow Removal Operation 11 -d. Float Plane Basin Activity -- 2006 - 2010 11 -e. September 2010 Enplanement 11 -f. Airport Manager's Report -- September 2010, October 2010 11 -g. Airport Improvement Program -- FY 1982 - PY2010 ITEM 12: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:13 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -57- AIRPORT COMMISSION MEETING OCTOBER 14, 2010 PAGE 3 /^ CITY OF KENAI 1 PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 13, 2010 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 22, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209, Kenai, Alaska— Public safety factors related to the siting, design, construction, and operation of public gas storage facilities 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ10 -37 — An application for a Conditional Use Permit for a Home Business /Outside Storage Yard, for the properties known as Lots 7 & 8, Luebke Subdivision (601 & 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. (Postponed from 10/22/10) In. PZIO -40 — An application for a 5 -Foot Side Yard Setback Variance, for the property known as Lot 10, Block 3, Silver Pines Subdivision Part 1(309 Ponderosa Street), Kenai, Alaska Application submitted by Michael and Karen Eberhard, 309 Ponderosa Street, Kenai, Alaska. c. PZ10 -41 —An application for a Conditional Use Permit for a Natural Gas Storage Facility for the property known as SETA SE14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. d. PZ10 -42 - An application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. ma 6. UNFINISHED BUSINESS: a. PZ10 -38 - a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by amending the definition of "Kennel' to distinguish between commercial and non - commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. Discussion/Set Public Hearing. 7. NEW BUSINESS: a. Lease Application — Kenai Nikiski Pipe Line LLC (KNPL) — Portion of Tract A, Kenai Spur Airport Lease Property, Plat No. 78 -111 — Discussion/Recommendation. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Clerk's approval of November 24a` meeting cancellation. b. Quarterly Reports ➢ Code Enforcement ➢ P &Z Resolutions ➢ Building Permits c. Council Resolution No. 2010 -57 — Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal funding requests for Fiscal Year 2012 d. Board of Adjustment Decision — Lynford Disque Revocation of Conditional Use Permit PZ09 -30. 12. NEXT MEETING ATTENDANCE NOTIFICATION: October 27, 2010 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: -59- r CITY OF KENAI PLANNING & ZONING COMMISSION OCTOBER 13, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Agenda Approval J. Twait, P. Bryson, K. Rogers, G. Brookman, K. Koester, S. Romain R. Wells City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member B. Eldridge, Deputy City Clerk C. Hall Commissioner Romain read the following changes to the agenda: ADD TO: 1 -d. Excused Absences Roy Wells 5 -a. PZ10 -37 Applicants email request to withdraw application MOTION: Commissioner Romain MOVED to approve the agenda with the changes and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences • Roy Wells (added at the beginning of the meeting) Approved by consent agenda. no *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINITTES -- September 22, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209, Kenai, Alaska - Public safety factors related to the siting, design, construction, and operation of public gas storage facilities. Mr. Goddard spoke regarding the safety issues related to natural gas storage facilities, noting concern with poisoning of the water supply. ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -37 - An application for a Conditional Use Permit for a Home Business/ Outside Storage Yard, for the properties known as Lots 7 & 8, Luebke Subdivision (601 & 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. (Postponed from 10/22/ 10) Removed from the agenda. Applicant withdrew their request. 5 -b. PZ10 -40 - An application for a 5 -Foot Side Yard Setback Variance, for the property known as Lot 10, Block 3, Silver Pines Subdivision Part 1(309 Ponderosa Street), Kenai, Alaska. Application submitted by Michael and Karen Eberhard, 309 Ponderosa Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to recommend approval of PZ10 -40 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following conditions: • Special conditions or circumstances were present which were peculiar to the land or structures involved which were not applicable to other lands or structures in the same zoning district. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 2 -61- 6 The special conditions or circumstances had not been caused by actions of the applicant and such conditions and circumstances did not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance could not authorize a use that would not be a permitted principal use in the zoning district in which the property was located. • The granting of a variance must be the minimum variance that would provide for the reasonable use of the land and /or structure. • The granting of a variance must not be based upon other non - conforming land uses or structures within the same land use or zoning district. Twait read the rules of public hearing and opened the meeting to public hearing. Jim Wood, 48969 Jones Road, Kenai -- Spoke in support of the variance. There being no one else wishing to speak, the public hearing was closed. VOTE: Wells 1EXCUSED Twait IYES Bryson YES Rogers IYES I Brookman IYES Koester YES Romain IYES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedures. 5 -c. PZ10 -41 - An application for a Conditional Use Permit for a Natural Gas Storage Facility for the property known as SE1 /4 SE 14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. MOTION: Commissioner Romain MOVED to approve PZ10 -41 with staff recommendations and Commissioner Koester SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant needed to meet the following criteria: • The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood would not be significantly impaired. • The proposed use was in harmony with the Comprehensive Plan. • Public services and facilities were adequate to serve the proposed area. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 3 -62- • The proposed use would not be harmful to the public safety, health and welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant and could include, but were not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: • All permits required from City, State, and Federal agencies must be approved prior to construction of the facility. Twait opened the meeting to public hearing. Edward Scarpace, CINGSA representative -- Spoke in support of the permit, noting the operation would meet all fire and safety codes and a soils report was completed that would be used to meet guidelines. Vince Goddard, Kenai - -Spoke in opposition to the permit, noting concern value of surrounding properties would decrease. Henry Knackstedt, 1602 Barabara, Kenai -- Spoke in support of the permit. There being no one else wishing to comment, the public hearing was closed. Commissioner comments included: • There should be an evaluation of increased fire protection staffing. • The permit was appropriate for land use. • The company provided benefit to the community. • Concern of seismic problems. VOTE: Wells EXCUSED Twait I YES Bryson YES Rogers YES Brookman I YES Koester YES ( Romain YES MOTION PASSED UNANIMOUSLY. 5 -d. PZ10 -42 - An application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. MOTION: PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 4 -63- Commissioner Romain MOVED to approve PZIG -42 with staff recommendations and all permits approved. Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant needed to meet the following criteria: • The use be consistent with the purpose of this chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood would not be significantly impaired. • The proposed use is in harmony with the Comprehensive Plan. • Public services and facilities would need to be adequate to serve the proposed use. • The proposed use could not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant and could include, but were not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: • All permits required by City, State and Federal agencies must be approved prior to construction of the facility. Twait opened the meeting to public hearing. Richard Gentges, CINGSA -- Spoke in support of the permit and reviewed the conceptual plan for the facility. Commissioner comments included: • The estimated depth of directional wells would be 300 feet; the reservoir is 4950 - 5150 feet below the surface. • There would be public comment allowed in the permitting process through the Alaska Oil and Gas Conservation Commission ( AOGCC). • Expansion at the site could occur if the market demanded. There was space for two additional wells. • A seismic study would be published and before the AOGCC next week. Vince Goddard, Kenai -- Spoke in opposition to the permit, citing public safety issues. Richard Gentges, CINGSA -- Spoke in support of the permit, noting CINGSA looked at 48 different sites and considered the following: size of reservoir, location of field, size of depletion, existing infrastructures, geologic characteristics, and dry natural gas. Gentges noted there would be a public hearing at 9:00 a.m. at the AOGCC office in Anchorage on October 19, 2010. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 5 -64- Edward Scarpace, CINGSA -- Gave each commissioner an article on a reservoir built in 1975 with 39 penetrations. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included commending Mr. Goddard on his information and presentation. VOTE: Wells EXCUSED Twait YES Bryson YES Rogers NO Brookman NO Koester YES Romain YES MOTION PASSED. Twait read the 15 day appeals process procedure. BREAK: 9:04 p.m. BACK TO ORDER: 9:12 p.m. ITEM 6: UNFINISHED BUSINESS 6 -a. Discussion /Set Public Hearing -- PZ10 -38 - a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by amending the definition of "Kennel" to distinguish between commercial and non- commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. Kebschull reviewed the staff report. Commission requested the public hearing be set for October 27, 2010. ITEM 7: 7 -a. Discussion /Recommendation -- Lease Application - Kenai Nikiski Pipe Line LLC (KNPL) - Portion of Tract A, Kenai Spur Airport Lease Property, Plat No. 78 -111. Kebschull reviewed the staff report, noting the proposed use met the requirements. MOTION: Commissioner Romain MOVED to recommend Council proceed with the lease application and Commissioner Bryson SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 6 -65- VOTE: Wells 1EXCUSED JTwait IYES Bryson YES Rogers IYES Brookman YES Koester YES Romain IYES MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9a. City Council -- Council Member Eldridge reported this would be his last meeting as a Council member, then reviewed the action agenda items of the October 6, 2010 City Council meeting. Twait thanked Eldridge for his work on the Council and Commission. 9 -b. Borough Planning -- Bryson reviewed the agenda of the October 11, 2010 Borough Planning Commission meeting, included in the packet. 9 -c. Administration -- Kebschull reported the City Clerk had cancelled the November 24 meeting, and would request cancellation of the December 22 meeting. She noted there would be a work session at 6:30 p.m. on October 27, 2010 regarding bee keeping within the city. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11 -a. Clerk's approval of November 24th meeting cancellation. I1 -b. Quarterly Reports • Code Enforcement • P&Z Resolutions • Building Permits 11 -0. Council Resolution No. 2010 -57 - Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal funding requests for Fiscal Year 2012. 11 -d. Board of Adjustment Decision - Lynford Disque Revocation of Conditional Use Permit PZ09 -30. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION: 12 -a. October 27, 2010 Commissioner Romain reported he would not be able to attend the October 27 meeting. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 7 •• ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None ITEM 14: ADJOURNMENT MOTION: Commissioner Remain MOVED to adjourn and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:27 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 8 Eem CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 27, 2010 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. "October 13, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZI 0 -38 - a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control." by amending the definition of "Kennel" to distinguish between commercial and non- commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. b. PZ1.0 -43 —An application for a Conditional Use Permit for Short -term Rentals, for the property known as Government Lot 15, (412 N. Forest Drive), Kenai, Alaska. Application submitted by K. Theresa Hoogland dba Elevated Investments, LLC, (Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Telephonic Participation — Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council no b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai City Council Roster b. Clerk's Approval of December 22, 2010 Meeting Cancellation 12. NEXT MEETING ATTENDANCE NOTIFICATION: November 10, 2010 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: •• CITY OF KENAI PLANNING & ZONING COMMISSION OCTOBER 27, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING u ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Agenda Approval J. Twait, P. Bryson, K. Rogers, G. Brookman, K. Koester, R. Wells S. Romain City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Wells requested Scott Romain be added to the Excused Absence list. MOTION: Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences • Scott Romain (added at the beginning of the meeting) Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be -70- no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- October 13, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5• PUBLIC HEARINGS 5 -a. PZ10 -38 - a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by amending the definition of "Kennel' to distinguish between commercial and non - commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. MOTION: Commissioner Bryson MOVED to recommend approval of PZIO -38 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission had worked on the resolution in numerous work sessions. Twait read the rules of public hearing and opened the meeting to public comment. Bill Osborn, 423 Rogers Road, Kenai -- Requested clarification that the Animal Control Officer would be deciding if a kennel was legal. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: • Animal Control would make decisions related to kennels based upon facts and would need to defend that decision at the Council level. • Thanked Mr. Osborn for his comments. • Noted the resolution would give the Animal Control Officer better criteria for making decisions. • Noted the resolution was a good first step, allowing for notification of surrounding neighbors and an appeal process. • Verified that over four (4) animals would be considered a kennel. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 2 -71- VOTE: Twait YES B son YES Rogers YES Brockman YES Koester YES Romain EXCUSED Wells YES MOTION PASSED UNANIMOUSLY. Kebschull noted the resolution would be introduced to Council at the November 23, 2010 meeting and the public hearing would be at the December 1, 2010 City Council meeting. S -b. PZ10 -43 —An application for a Conditional Use Permit for Short-term Rentals, for the property known as Government Lot 15, (412 N. Forest Drive), Kenai, Alaska. Application submitted by K. Theresa Hoogland dba Elevated Investments, LLC, (Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. MOTION: Commissioner Rogers MOVED to approve PZ10 -43 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant would need to meet the following criteria: 1. The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not be significantly impaired. 3. The proposed use would be in harmony with the Comprehensive Plan. 4. Public services and facilities would be adequate to serve the proposed use. 5. The proposed use would not be harmful to public safety, health and welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant and could include, but would not be limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: • The apartments were upgraded, with nice landscaping. • The apartments were an asset to the community. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 3 -72- • There would be annual reviews to verify the majority of rentals were still long term. • It was noted short term was anything less than 30 days. VOTE: Twait YES Brvson YES Rogers YES Brook-man YES Koester YES Romain IEXCUSED Wells IYES I MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeals process procedure. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: 7 -a. Discussion -- Telephonic Participation. Commissioner comments included: • There was great value in being present at meetings to deal directly with the public. • It was commendable that a person was willing to call in. • Telephonic participation would be limited to two (2) times in a 12 -month period, with two (2) more allowed for medical reasons. • Telephonic participation was too much work for people travelling. • Although calling in was not as good as being in person, it would be good to have as an option. MOTION: Commissioner Wells MOVED to recommend Council consider telephonic participation for Planning and Zoning commissioners. Commissioner Brookman SECONDED the motion. VOTE: Twait YES Bryson I NO I NO Brookman YES Koester I YES Romain EXCUSED Wells YES MOTION PASSED. ITEM 8: PENDING ITEMS -- None ITEM 4: REPORTS PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 4 -73- 9 -a. City Council -- Council Member Molloy reviewed the action agenda of the October 20, 2010 City Council meeting, noting the October 5 election was certified and the November 17 Council meeting was rescheduled for November 23 to accommodate Council members attend the Alaska Municipal League annual conference. Molloy thanked Commissioner Wells for his service on the Commission and reported the Council had appointed Tim Navarre to the Commission. 9 -b. Borough Planning -- Commissioner Bryson reviewed the October 25, 2010 Borough Planning Commission meeting agenda which was included in the packet. 9 -c. Administration -- Kebschull reported there would be a public hearing for a conditional use permit for a wind turbine at the next Commission meeting (November 10, 2010). Kebschull reported Mr. Disque would be appealing the Board of Adjustment findings to the Court. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue, Kenai -- Noted if the Commission would be voting on an item on the agenda, it should be noted in the agenda so the public could participate. Schmidt also noted telephonic participation should not be allowed as the Commission was a quasi-judicial body. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Spoke in favor of telephonic participation. ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Roster 11 -b. Clerk's Approval of December 22, 2010 Meeting Cancellation ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. November 10, 2010 Kebschull noted there would be a work session at 6:00 p.m. prior to the regular meeting. There were no commissioners that would not be able to attend. ITEM 13: COMMISSION COMMENTS & QUESTIONS Brookman -- Thanked Wells for his work on the Commission. Twait -- Thanked Wells for his work on the Commission. Wells -- Thanked the public and commissioners for their good wishes and noted he was impressed with staffs work in making sure he was prepared to participate as a commissioner. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 5 -74- ITEM 14: ADJOURNMENT MOTION: Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:55 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 6 -75- Frow Marathon Oil 8072831315 10/18/2010 14:08 11751 P.001/001 DATE: /S toP"�. /U CITY OF KENAI "Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND is l OCT 18 20101 RETURN TO.- KENAI CITY CLERK 210 FIDALGO AVENUE HENAI, AK 99611 PHONE: 283 -7535, EXT- 231 FAX: 283 -5068 NAME: V, ro- � K it-, Resident at the City of Kenai? qF6 Haw long? a.5- yea. r15 Residence Addresrs� a SPdl VJ6Li�yYGtG k )/J/1 U � 4okw1 AK q q& l) Mailing Address Y -D. /�,�OX /,V, TayaiJ AK 'gin // Home Telephone No. Home Fax No. -,Z f3 - 397,8 Business Telephone No %$3 3 ;:? Business Fax No. XF3 -131.5 Email Address: C'Cli 6i.1G15lJQ I7E May we include your contact information on our web page? ALL If not all, what information may we include? ,,��jj //�� 11 11 es� -1 EMPLDYER: � /�t.YL2Y�ILSYI ®t L'd/'12 f'/G/ Job Title,("idy. / *tkf SSZ. NAME OF SPOUSE: Q rA< ASLJIIt. Past organizational memberships: M=SSIONS IN WHICH YOU AV /l, /, itXL47�5/n t2,,.&, y /%Ow LUd e T-(LC /-f OR CREDENTIALS DO YOU Q'/'F� �,m SigraE lra�us 0 /7 /.GS' nn rvrmccnJ sit/ -76- TO BRING TO TIM BOARD, gored re- sea.vsGra -hzad gg,-) z-4 ee u "Villaye with a Past, City with a Ft4t"re11 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: September 10, kog RE: Appeal of Enforcement Order/Property Known as KNEI 12 WI 12 NWI 14 NW114 (2021 Wyatt Way) in Violation of KMC 14.20.050(h) (Outside Storage of Junk) and KMC 12.25.030 (Leaving of Junked or Illegally Parked Vehicles). Appeal submitted by Lynford Disque, d/b /a Circle D Restoration and Racing. A letter of appeal was received on Monday, November 1, 2010 for the above - referenced matter. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: THIRTY -DAY END DATE Wednesday December 1, 2010 COUNCIL MEETING DATE (within 30 -day requirement) Tuesday, November 23, 2010 SIXTY -DAY END DATE Frida , December 31, 2010 November /December Council Meeting Dates November 23, December 1 and December 15, 2010 Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. clf COUNCIL /COMMISSION MEETING CALENDAR 2 13 14 5 16 ELECTION CITY COUNCIL �Oy`/C S95lvN OAY MEETING. 7F, COUNCIL ue� CHAMBERS 7 8 94,M1�,� 10 11 12 13 Harbor /r�� - PLANNING & HOLIDAY/ Commission 1 lx Y ZONING OFFIC Meeting, 7p, I COMMISSION CLO D Council a- MEETING, 7P, Chambers COUNCIL CHAMBERS 14 15 16 17 18 19 20 CITY COUNCIL ""°m1OOtl1mO" MEETING, 7P, COUNCIL CHAMBERS xoseam+o acr�wm cww. prmr ar.y.owo.a.m, 21 22 23 24 25 26 27 G• PL0. HOLIDAY /CITY HOLIDAY /CITY 2 OFFICES OFFICES C "ION CLOSED CLOSED HG, 7P, OUHCIL CHAMBERS 28 29 30 S` i ltl 1 1' 1 c if I W i ° S M II 1' 1? Id 15 11, % ii N 15 la I' IR 1- In 14 'r) 21 ... 21 10 'JI _I -, ,3 24 ]; -42- Nov 2010 S M 7 W '1' f' 1 2 3 4 5 6 7 8 9 Ill It 12 M 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 COUNCIL /COMMISSION MEETING CALENDAR Ian 2011 S M 'I' W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 It, 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 I 12 CITY COUNCIL p tjq� MEETING, 7P, COUNCIL CHAMBERS 3 4 5 6 7 8 9 10 11 Harbor /f PLANNING S, nirtmn Commission ��1l.... __.. ZONING cwnmisaion Meeting, 7P. (.f/i'IW/F COMMISSION channmb Co ers unMoaBng,vil Council 7w MEETING, 7P, Chamber: COUNCIL CHAMBERS Council on Aping Mexing, 4a9p, barrier comer 12 13 14 I5[//,�{{ 16 17 18 ALWd& Cambay zemtNG CommNtee- .v9MMI991011, NO MEETING 7P, COUNCIL SCHEDULED. CHAMBERS 19 20 21 22 123 24 25 PLANNING& HOLD /CITY ZONING OFF ES COMMISSION C SED MEETING, 7P, COUNCIL CHAMBERS 26 27 28 29 30 31 tp. 1 mil -43- Carol Freas From: Hai Smalley [hvsmalley @yahoo.coml Sent: Wednesday, October 27, 2010 8:16 AM To: Carol Frees Subject: KPB Assembly Report Oct. 26,2010- Borough Assembly Meeting Report: The KPB Assembly Committee meetings began promptly at 3 PM, Finance, Lands, Policies and Procedures concluding with Legislative. Of interest to the City of Kenai from the Finance Committee would be Resolution 2010 -086 providing for and issuance of GOA Bonds not to exceed $16,866,500 to pay for the cost of repairing certain Kenai Peninsula School District building roofs. Resolution 2010 -088 deals with the Kenai Peninsula being eligible for Recovery Zone status and potentially eligible for American Recovery and Reinvestment Act funding reducing the interest amount, not to exceed 45 %. Said. interest rates on the previously mentioned bonds could be from 1.5% to 4.0% based on our qualification status. Both of these Resolutions were on the consent agenda and passed by unanimous consent. Up for introduction was Ordinance 2010 -19 -23 appropriating $955,000 from the bond funded program of Resolution 2010 -086 for design and site preparation for construction on school roof replacement projects under the GOA bond package. In the Lands Committee meeting of interest to the City of Kenai would be Ordinance 2010 -36 and substitute Ordinance 2010 -36 authorizing the negotiated sale at less than fair market value of certain real property containing approximately 157 acres to the Kenai Peninsula Racing Lions. Ordinance 2010 -37 authorized the sale of certain parcels of Borough land in Percy Hope subdivision and Discovery Park subdivision by sealed bids procedures. Said subdivisions/properties are located in Hope, Alaska. In the Policies and Procedures meeting Resolution 2010- 089 establishes a Health Care Task Force to review and recommend a possible alternative governance and ownership options for the Central Peninsula General Hospital. Said committee will be made up of 2 Assembly members, 2 Hospital Service Area Board members, 2 Hospital INC Board members, and 2 residents from the Hospital service area selected by Mayor Carey. The committee would take approximately 6 months to research data and make a recommendation to the Assembly. This Resolution passed by unanimous consent on the consent agenda. Under the Legislative report a discussion was held concerning borough wide community meetings discussing their 2011 Capital Improvement project requests and State Revenue Sharing program requests. The Assembly also received the Kenai Peninsula Borough State Funding Priorities lists from the previous year. This draft booklet includes all projects from last year and will need to be updated prior to the Dec. 7th Assembly meeting. The regular Assembly meeting was called to order at 7PM. After setting the agenda and consent agenda Assembly reorganization took place. Gary Knopp was selected as Assembly President and Charlie Pierce was selected as Vice - President. Of interest during the meeting was the public hearing on Ordinance 2010 -36 authorizing for sale at less than fair market value certain lands approximately 157 acres in size to the Racing Lions, Substitute Ordinance 2010 -36 was introduced and passed forgoing the sale of said property and proposed a lease of 30 years of said property to the Racing Lions. This Ordinance was set for a new public hearing on Jan. 4, 2011. Discussions concerning potential buried contaminants, the proximity of the City of Kenai water wells and other concerns brought forward by the City of Kenai. Ordinance 2010 -37 authorizing the sale of certain lands in two subdivisions in Hope, Alaska will be approximately 2 acres lots selling by sealed bid on Jan. 14th at the George Navarre Building in Soldoma. by the close of the business day or delivered in person or representative at the Community of Hope on Saturday, Jan. 15th. Minimum bids prices will reflect 70% fair market value. The Borough Lands department will develop a -77- brochure of information and details about the process and properties and make it available to the public prior to the sale. That concludes my report. If need of further information please call 283 -7469 or e-mail hvsmallev(wyahoo.com IN I'V llaye with a fast, C# with a Futravre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I I Telephone: 907- 283 -7535 / FAX: 907 - 283 73014 1992 T®: City Council 3 % FROM: Rick Koch DATE: November 3, 2010 SUBJECT: Little Davis -Bacon Projects, initiative to Increase the Minimum Project Value Limit for Projects to $50,000 The purpose of this correspondence is to request approval from the City Council to submit the attached letter of support from the City Manager to the Alaska Municipal League, requesting the State Legislature increase the threshold requiring payment of Little Davis -Bacon Act wages from $2,000 to $50,000 and eliminate the reporting and fees presently required by the Alaska Department of Labor for public construction projects under $50,000. Attached is the draft letter, a resolution which will be submitted to the Kenai City Council at your regularly scheduled meeting of November 23, 2010, and supporting information. I received this request after the deadline for this Council packet and since the Annual Alaska Municipal League meeting will take place prior to the next meeting I am presenting this request for approval as a lay -down item. Thank you for your attention in this matter. u Kathie Wasserman Alaska Municipal League 217 Second Street, Suite 200 Juneau, Alaska 99801 "'Village witk a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us Subject: Little Davis -Bacon Projects — Initiative to Increase the Minimum Project Value Limit for Projects to $50,000 Dear Ms. Wassermann: The purpose of this correspondence is to state the City of Kenai's support for an Alaska Municipal League (AML) Resolution which would request the Alaska Legislature amend AS 36.05.070 (Little Davis Bacon Act -LDBA) to increase the minimum project value from $2,000 to in excess of $50,000 prior to requiring LDBA compliance, and to provide a more detailed definition of construction and maintenance. The $2,000 threshold for construction, above which payment of LDBA wages is required, has not been increased since its inception in 1972. Constructions costs have increased many -fold during the past 38 years. The LDBA and requirements mandated by the Alaska Department of Labor discourages participation in public contracts by small Alaskan businesses, and is a burden for small municipalities and rural communities. A threshold of $50,000 would increase participation in public contracting by small Alaskan businesses and provide a more competitive environment for small public contracts. The Kenai City Council will consider a resolution of support on this matter at their November 23, 2010 meeting, a draft is attached. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Sincerely, CITY OF KENAI Rick R. Koch City Manager / - Suggested by: Administration the < of CITY OF KENAI RESOLUTION NO. 2010 -* A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTS THAT THE ALASKA LEGISLATURE AMEND AS 36.05.070 TO REQUIRE LITTLE DAVIS -BACON ACT COMPLIANCE FOR PUBLIC CONSTRUCTION PROJECTS IN EXCESS OF $50,000, AND TO PROVIDE A MORE DETAILED DEFINITION OF CONSTRUCTION AND MAINTENANCE. WHEREAS, the Little Davis -Bacon Act (LDBA) was enacted in 1972 with a $2,000 threshold and has not been adjusted for inflation during the subsequent 38 years and, WHEREAS, public construction projects costing in excess of $2,000 require payment of LDBA wages, and additional requirements are mandated by the Alaska Department of Labor (ADOL); and, WHEREAS, the reporting requirements and fees mandated by ADOL are a significant burden to Alaskan small businesses and to the ADOL; and, WHEREAS, many small Alaskan businesses choose not to participate in public contracts as a result of LDBA and ADOL reporting and fees; and, WHEREAS, the LDBA and ADOL reporting requirements are burdensome to small municipalities and rural communities; and, WHEREAS, increasing the threshold for LDBA compliance to $50,000 will increase participation levels of Alaskan small businesses in public contracts; and, WHEREAS, the adoption of a higher threshold would be consistent with most other states; and, WHEREAS, there is no clear definition for construction contracts and maintenance contracts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Council requests that the Alaska Legislature amend 36.05.070 to require Little Davis -Bacon Act compliance for public construction projects in excess of $50,000, and to provide a more detailed description of construction and maintenance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 2010. Resolution No. 2010 -* Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Nom; 1 New Tex[ Underlined; [DELETED TEXT BRACKETED) Rick Koch From: Gary Knopp [pal2gary@hotmail.com] Sent: Saturday, October 30, 2010 10:24 AM To: swilcox @borough.kenai.ak.us; mayor @muni.org; schuberts @ci.anchorage.ak.us; poates @cityofseward.net; wwrede @ci. homer. ak.us; egray @matsugov.us; Rick Koch; Isemmens@ci.soldotna.ak.us Cc: Dave Carey; cthompson@borough.kenai.ak.us; Johni Blankenship Subject: RE: Little Davis -Bacon Projects - Initiative to increase the minimum limt for projects to $50,000 Attachments: AMLResolution #2011 -.doc All, My apologies for not keeping you updated on my activities concerning this issue. This change to the LDBA (Little Davis Bacon Act) has been on the AML policy statement for quite sometime and not going anywhere. I have submitted a resolution to AML(attached to this e-mail) to be considered at the November 16th board meeting that would reactivate this issue with the legislature this session. Due to time constraints (AML submission deadlines for resolutions and the KPB Borough Assembly meeting schedules) there was not time to put this resolution in front of the borough assembly and therefore will be considered by the AML board of directors. AML is currently reviewingfrewriting their policy statement as well as defining the top six legislative priorities for this session . A resolution or letter of support from your communities goes a long way toward moving this issue forward. If I can answer any questions for you regarding the proposed changes, I can be reached at 252 -4457. Thanks Gary Knopp Subject: Little Davis -Bacon Projects - Initiative to increase the minimum limt for projects to $50,000 Date: Wed, 27 Oct 2010 16:48:16 -0800 From: swilcoxC&borough.kenai.ak.us To: mayortamuni.ora; SchubertS(fti.anchorage.ak.us; poates(alcitvofseward.net; wwrede(alci.homer.ak.us; eoravQmatsuaov.us; rkoch(a)ci.kenai.ak.us; Isemmens(a)ci.soldotna.ak.us CC: dcarey(alborough.kenai.ak.us; CThompson (alborough.kenai.ak.us; nal2gary(a@hotmail.com; jblankenshio(aborouah kenai.ak.us Good afternoon all, During the legislative session this year in February, we met with Governor Parnell regarding the Little Davis -Bacon Wages. We were directed to work with the law department at that time. We were told that this is a State statute and changes must be made during the legislative session and support for this would be needed, due to the fact that it failed last time is was introduced. So, getting support for passage of this change was paramount. The Kenai Peninsula Borough elected to work with the Alaska Municipal League in getting this language in their 2011 Policy Statement from this organization. We accomplished that during the summer meeting and we are ready to put forward a resolution for support at this time to the Kenai Peninsula Borough Assembly Members and we plan to have this before them at the December 7th Assembly Meeting. During the summer meeting in Kodiak, there was definitely support to move this into the next phase. When we returned from Kodiak, we asked at that time if Mayor Sullivan would be willing to sponsor a resolution of support for this action from his Assembly and he has agreed. Our legal department will be drafting a resolution of support to our legislators to enact this change in the Little Davis -Bacon Wage Act Law, raising the limit from $2,000 to $50,000. If you are interested, I could make sure you get a copy of our draft resolution once it has been completed, just let me know if you would like a copy. Mayor Carey would like to seek your input and support for this change in State Statute regarding the Little Davis -Bacon Wage Act Law. If you are interested and would like to be part of this initiative, we would welcome your support by way of resolution from your legislative governments to support this change. I have attached a copy some information compiled by our Purchasing Director, Mark Fowler, which answers questions and gives an overview of what the Little Davis- Bacon Act is. You can find the AML draft language on page 64 of the 2011 AML Draft Policy Statement, which is available at their website. Let me know if you have any other questions. I look forward to hearing from all of you. Regards, Susan L. Wilcox, Chief of Staff Kenai Peninsula Borough 144 N. Binkley Street Soldotna, AK 99669 Phone: (907)714 -2157 / Fax: (907)714 -2377 Email: swilcox@borouoh.kenai.ak.us Visit our website at www.borouah.kenai.ak.us CONFIDENTIALITY NOTICE: This email, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you received this email and are not the intended recipient, please inform the sender by email reply and destroy all copies of the original message. Alaska Municipal League Resolution #2011- A Resolution reauestins the Legislature amend AS 36.05.070 (Little Davis Bacon Act) to require LDBA compliance for public construction projects in excess of $50,000 and to define construction vs maintenance WHEREAS, the AML has supliorted this change for a considerable amount of time and it is currently listed on the policy statement; and WHEREAS, LDBA was written in 1972 with a $2,000 threshold and has never been adiusted for inflation, and WHEREAS, LDBA is extremely detrimental to small municipalities and rural communities: and WHEREAS, LDBA discourages smaller construction funs from participating due to the requirements mandated by the Department of Labor and Workforce Development (DOLWD); and WHEREAS, adoption of a higher threshold would be consistent with the experiences of most other states, NOW, THEREFORE BE IT RESOLVED THAT the Alaska Municipal League. PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE DAY OF 12010. Signed: President, Alaska Municipal League Attest: Executive Director, Alaska Municipal League Submitted by: Gary Knopp Contact Name: Implementation Recommendation: Agencies to Contact: Funding Required: StaffBoard/Membership Action: Date Submitted: Oct 22 ° 2010 Contact Phone #: 907 - 252 -4457 CITY CLERK ►MI ` ""Villa�e wifk a Past, Gi�y with a F"tttre�� 210 Fida Igo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us josprit TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: October 29. 2010 RE: REQUEST TO DESIGNATE A NEW POSITION ON THE COUNCIL MEETING AGENDA - KENAI PENINSULA BOROUGH ASSEMBLY, LEGISLATORS AND COUNCILS At the October 20, 2010 Council meeting, a suggestion was made to move the "Reports of the Kenai Peninsula Borough Assembly, Legislators and Councils" (Report), currently heard toward the end of the meeting under "Commission/ Committee Reports," to a new position toward the beginning of the meeting. KMC 1. 15.050 addresses the procedures for the City Council to conduct its meeting and recently amended KMC 1.15.050(b) details the order of business at City Council Meetings. KMC 1.15.050(b) states, "The following shall be the order of business at the regular meetings of the City Council:" (Emphasis added.) My interpretation of the ordinance leads me to understand a code amendment is required in order to designate a new position for the Report. A recommended position for the Report would be immediately after Unscheduled Public Comments where it has been heard in the past. With direction of Council to amend KMC 1.15.050(b) to designate a new position for the Reports of the Kenai Peninsula Borough Assembly, Legislators and Councils, an ordinance will be prepared for introduction at the November 23, 2010 Council meeting. Does Council direct the City Clerk to prepare an ordinance amending KMC 1.15.050(b) to designate a new position in the order of business at regular meetings of the City Council for the Reports of the Kenai Peninsula Borough Assembly, Legislators and Council? If so, does Council wish to designate the position to immediately following Unscheduled Public Comments on the regular agenda? clf :1 INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 11/3/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. 3. 10/ 15/2010 K. Leaf letter thank -you letter regarding Kenai Bluff parking area enhancements. 4. 10/28/2010 T. Eubank memorandum regarding Quarter Ending September 30, 2010 Investment Report. 5. 10/28/2010 T. Eubank memorandum regarding Quarterly Financial Report. 6. 10/22/2010 Alaska Department of Environmental Conservation letter regarding ADEC Scheduled Regional Haze Workshops. Resource Development Council Alaska Resources 2011 Annual Conference information. 8. 10/28/2010 T. Eubank memorandum regarding annual notification of all City bank accounts and check signers. SON PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: NOVEMBER 3, 2010 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT HOMER ELECTRIC NEW SERVICE TO LIFT STATION BRIDGE ACCESS W/S CONSTRUCTION 3,843.60 ARSENAULT ASSOCIATES FLEET MANAGEMENT SOFTWARE SHOP SOFTWARE 4,442.00 TIRE DISTRUBUTION SYSTEMS TIRES SHOP OPERATING SUPPLIES 2,720.00 MOTOROLA (3) PORTABLE RADIOS FIRE SMALL TOOLS 13,914.75 FOUR SEASONS FENCE RYAN CREEK FENCING PARKS IMPS Off BUILDINGS 9,350.00 KACHEMAK ELECTRIC INSTALL METER/NEW SERVICE MUNICIPAL PARK IMPS. CONSTRUCTION 3,250.00 October 15, 2.010 Dear Mayor Porter, My name is Kelsie Leaf and I am a junior at Cook Inlet Academy. Congratulations on being reelected as mayor of Kenai! I admire your leadership and the way you take the time to interact with people on a personal level. I read an article in the Peninsula Clarion last month that described the work of boy scouts Jacob Carlson and Jacob Pass on the Kenai bluff overlook. These two boys spent several weeks of their summers putting up a fence, building picnic tables, creating a pleasant, grassy sitting area, and performing other tasks to improve and preserve this beautiful spot. I was very pleased to see that the City of Kenai acknowledged these boys' efforts by throwing a free community barbeque at the bluff. The hours of volunteer work put in by these boys is certainly worthy of recognition! Providing a spectacular view of the Kenai River, the Kenai, bluff has been a haven of rest and beauty for me. It is within biking distance of my house and I made several trips there this summer. Thank you for recognizing the work these boys contributed to enrich the Kenai bluff overlook which is, in my opinion, such a precious piece of Kenai. Thank you for taking the time out of your busy schedule to read my letter. I am blessed to have a responsible, compassionate mayor such as you. I believe you will lead this beloved city of ours in a wise and beneficial direction. Sincerely, Kelsie Leaf -84- \WI TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: October 28, 2010 FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT September 2010 SUBJECT: Quarter ending September 30, 2010 Investment Report City of Kenai Investment Portfolio At September 30, 2010 the City had investments with a market value of $23,592,252 that is up from $23,588,659 at June 30, 2010. The City's portfolio is yielding 0.85% that is up from 0.71% at June 30, 2010. The increase in yield is due to reinvestment at higher yields in early July. Citv's Investment Portfolio US Agency Securities $ 9,031,621 AML Investment Pool 2,380,613 Wells Fargo Money Market 8,410,913 FDIC Insured Certificates of Deposit 3,233,280 Bank Balance 535.826 Total $ 23 592.252 Airport Permanent Fund Investment Portfolio The third quarter of 2010 saw gains in the equities markets with positive returns for the fund. For the quarter, the portfolio returned 8.76 %. Since inception the portfolio has earned 12.85 %. no CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY ,tune 30, 2010 Securities Maturities Less than 1 Year September 30, 2010 Maturities 1 to 2 Years Fair Market Maturities Greater than 2 Years Value Cash & Cash Equivalents 9,031,621 Wells Fargo Checking $ 535,826 Wells Fargo Secured Money Market 8,410,913 FDIC Insured Certificates of Deposit 3,233,280 Alaska Municipal League Investment Pool 2,380,613 Total Cash & Cash Equivalents 14,560,631 Securities Maturities Less than 1 Year 1,014,380 Maturities 1 to 2 Years 2,991,301 Maturities Greater than 2 Years 5,025,940 Total Government Securities 9,031,621 Total Portfolio $ 23,592,252 Investment Portfolio - Purchase Price Investment Portfolio - Fair Value 6/30/10 Fair Value Adjustment - 6/30110 Fair Value Adjustment - 06130/10 Cummulative Change in Fair Value $ 23,516,902 23,577,417 60,515 14,836 $ 75,351 Na $16,00g00o $12400,000 $a000,o0o $4=.000 so UQUd1Y20 %M =M M Wdlyl.2ye Portfolio Liquidity Current Yield im Average Yield 5. CIT.X.DF. KENAI INVESTMENTS 9/30/2010 SECURITY FHLMC 2.0 4/27/12 FHLMC 1.0 7126/12 FHLB 1.125 Step 10/15/12 to 3.0 FNMA 1.75 7128115 Step 7/11 to 2.I FNMA 1.75 7127/15 Step 7/12 to 2.' 4.125 CITY OF KENAI Investments 09 -30 -10 COK Current year cost or 09/30/10 06/30/10 CUSIP Market Value 3128XBX86 990,976.00 3134G1LT9 2,003,000.00 3133XV2R1 2,001, 880.00 3136 F M V 92 1,000,000.00 3136FMX90 2,000,000.00 3136F44K7 1,022,810.00 09/30/10 Unrealized Gain Accrued EFFECT. DATE DATE Market Value or Loss Interest RATE PURCH. DUE 988,261.40 (2,714.60) 3,484.44 2.000 2122/2010 4/27/2012 2,003,040.00 40.00 - 0.699 7/26/2010 7/26/2012 2,000,620.00 (1,260.00) 4,750.00 1.126 10/15/2009 10/15/2012 1,004,060.00 4,060.00 - 1.750 7/28/2010 7/28/2015 2,021,260.00 21,260.00 - 1.750 7/27/2010 7/27/2015 1,014,380.00 (8,430.00) 15,354.17 5.150 8/24/2006 2/17/2011 FOted Income Cash & Cash Equivalents Wells Fargo Secured Money Market Total Cash & Cash Equivalents Government & Corporate Securities Government Securities Corporate Securities Total Government & Corporate Securities Total Flued Income Equities Domestic Equities Standard & Poore 500 Index Standard & Poces 600 Small -Cep Index Standard & POOrS 400 Mid -Cap Index Total Domestic Equities International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities Total Portfolio 70.00% Ulm 2&.00% 0.00% nAM. .. 10.00% 0AM 0AOYo CITY OF KENAI AIRPORT PERMANENT FUND ESTMENT PORTFOUO SUMMARY June 30, 2010 FdHMenu 6WN &Paelu&W 6du0d06Pe0Y�000 BantlaW bPUUM1 WY Vfquaq Ewpu Vuqu�a EmnpW YbMUae NarsrF IM&Y BM&i:p MMS Mtl'C9YMa Puo0 m WkJ ETF OCNdnIPdlldnWdpF1 aTYplPgedb Wapni Odapinvn PCNOtlo W�IaM Portfolio Performance Yw W Dare • &a LaetYw I lacbgl&nWDW lam 42.0e% Current or Current Fair Market Value Average Portfolio Target Portfolio 31- Dec•09 314Nar -10 36Jun•10 30- Sep-10 Yield Weight Weight Maximum 187.867 76,610 53,D97 271,966 0.15% 187,867 76,610 53,D97 271,958 4,754,201 4,789,317 4,621,118 4,772,025 3.01% 3,290,374 3,614,392 3,345,929 3,408,195 5.56% 8,044.575 8.303,709 7.967,047 8.180,220 4.07% 8,232,442 8,380,319 8.020,144 8,452,176 3.94% 42.98% 45.00% 65.00% 4,254,445 4,466,709 4,150,321 5,039,068 21.24% 20.00% 25.00% 1,158,970 1,259,151 946,367 815,560 5.39% 5.00% 10.00% 2,320,741 2.522,335 2,098,396 1.865,323 10.61% 10.00% ,15.00^[. 7,734,156 8,248,195 7,195,084 7,739,951 37.24% 35.00% 50.00% 2,036,029 2,061,032 1,189,087 2,166,337 10.701Y. 10.00% 15.00% 1,283,300 1.319,295 1,834,965 1.422.898 5.71% 5.00% 10.00% 3,319,329 3,380,327 3.024,072 3,589,235 16A1% 15.00% 25.00% 978,151 1.067,133 621,153 919,889 338% 5.00% 10.00% 9784151 1,067,133 821,153 919,889 3.38% 5.00% 10.00% 12,031,636 12.695,655 11,040,309 12.249,075 20.264.078 21,075,974 19,060,453 20.701,251 2714R%A 100.01% 100.00% 150.00% FdHMenu 6WN &Paelu&W 6du0d06Pe0Y�000 BantlaW bPUUM1 WY Vfquaq Ewpu Vuqu�a EmnpW YbMUae NarsrF IM&Y BM&i:p MMS Mtl'C9YMa Puo0 m WkJ ETF OCNdnIPdlldnWdpF1 aTYplPgedb Wapni Odapinvn PCNOtlo W�IaM Portfolio Performance Yw W Dare • &a LaetYw I lacbgl&nWDW lam 42.0e% SUSTAENA9LE I NvFs"rm E NT THI N K N October 15, 2010 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; ALAMA . PERMANENT APCM CAMAS MANAGEMENT sent via email Enclosed is our September report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. At month -end, the market value of the portfolio was $20,728,894. Based upon the composition of the portfolio, the annual cash flow would be $300,195. Our monthly commentary is attached. Please let me know if we can help in any way. Sincerely, Bert Wagnon Senior Vice - President :• ALASKA .CITY OF KENAI - AIRPORT PERMANENT PERMANIM FUND APCM Account Statement - Quarter Ending September 30, 2010 CAPITAL MANAGEMENT ACCOUNT ACTIVITY MANAGEMENT TEAM Portfolio Value on 06 -30 -10 19,060,354 Director of Client Relations: Laura Bruce, CFP, ChFC Laura @apcm.net Contributions 0 Withdrawals -863 Your Portfolio Managers: Bert Wagnon Change in Market Value 1,553,592 Brandy Niclai, CFA Interest 72,079 Dividends 43,731 Contact Phone Number: 907/272 -7575 Portfolio Value on 09 -30 -10 C:) INVESTMENT PERFORMANCE - Current Account Benchmark: Equity Blend 20,728,894 PORTFOLIO COMPOSITION Performance for redone one Year and Greater ere Annualized US Real Estate Emer Mkts 4a/ 2 Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF KENAI - AIRPORT PERMANENT FUND September 30, 2010 Yield Unit Total Market Pct. Annual Accrued to Quantity Security Lost Coat Price Value Assets Income Intereat Maturity U.S. TREASURY 400,000 US TREASURY NOTES 100.40 401,609 100.38 401,516 1.94 3,500 1,465 013 0.875% Due 04 -30-11 1,000,000 US TREASURY NOTES 100.12 1,001,175 100.66 1,006,641 4.86 10,000 856 0.27 1.000%Due 08 -31 -1 l 300,000 US TREASURY NOTES 9648 289,443 103.74 31U26 1.50 8,250 1,054 226 2.750°/ Due 0245 -19 300,000 US TREASURY NOTES 104 04 312,117 108.55 325,641 1.57 10,500 3,966 150 3.500% Due 05 -15 -20 Accrued Interest _ 7,341 0.04 _ 2,004,344 2,052,365 9.90 7,341 AGENCIES 250,000 AMERICAN EXPRESS BK (FDIC GUARANTEED) 103.16 257,896 103.10 257,762 124 7,875 2,450 0.53 3.150% Due 12 -09 -11 250,000 GOLDMAN SACHS GP (FDIC GUARANTEED) 103.68 259,212 104.55 26t,370 1.26 8,125 2,392 0.57 (�. 3.250% Duo 06 -15 -12 500,000 PNC FUNDING CORP -FDIC GUARANTEED 100.82 $04,100 103.01 515,060 2.48 11,500 3,162 0,55 2.300% Due 06-22.12 500,000 FNMA 102.07 510,339 106.19 530,937 2.56 14,375 4,392 0.91 2.875% Due 12 -11 -13 500,000 FHLB 110.35 551,726 119.37 596,875 2.88 26,875 9,929 175 5.375% Duo 05 -18 -16 450,000 FHLMC 110.66 497,970 11750 528,750 2.55 21,937 6,581 2.38 4.875% Due 06-13 -18 Accrued Interest _ - - _ 28,907 0.14 2581,244 2,719,662 13.12 28,907 CORPORATE BONDS 250,000 US Bank Corporate Note 101.31 253,280 104.76 261,905 1.26 15,937 2,656 0.65 6.375% Due 0"1.11 200,000 AT &T WIRELESS SVCS INC 114.20 228,392 [11.10 222,192 107 16,250 6,771 1.05 8.125 %Due 05 -01 -12 200,000 JOHN DEERE CAPITAL CORP 93.99 187,988 108.51 217,020 1.05 9,900 2,860 1.05 4.950% Due 12 -17 -12 200;000 BERKSHIRE HATHAWAY INC 100.16 200,312 103.05 206,106 0.99 4,250 590 0.82 2.125% Due 02-11-13 200,000 GLAXOSMITHKLINE CAP INC 93.74 187,474 109.99 219,974 1.06 9,700 3,664 0.99 4.850% Due 05 -15 -13 200,000 IBM CORP 103.71 207,422 116.24 232,486 1.12 13,000 5,994 1.06 6.500% Due 10.15 -13 200,000 MERRILL LYNCH & CO 98.47 196,946 108.01 216,017 L04 10,900 2,301 3.19 5.450 %Due 07 -15 -14 2 t N t Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OFKENAI - AIRPORT PERDIANENT FUND September 30, 2010 3 Yield Unit Total Market Pet. Annual Accrued to Quantity Security Cost Cost Price Value Assets Income Interest Maturity 200,000 1P MORGAN CHASE & CO 88.88 177,764 109.27 218,534 1.05 9,500 792 2.52 4.7500A Due 03 -01 -15 200,000 MORGAN STANLEY 84.00 168,000 109.94 219,886 1.06 12,000 5,100 3.62 6.000%Due 04 -28 -15 200,000 HSBC FINANCE CORP 96.28 192,568 109.82 219,648 1.06 11,000 2,200 3.46 5.500 %Due OI.19 -16 200,000 CONOCOPHILLI S CDA FOG FDG CO 89.87 179,748 117.92 235,844 1.14 11,250 5,187 2.42 5.625 %Duc 10 -15 -16 200,000 STATOR, ASA 101.11 202,212 104.00 207,992 1.00 6,250 764 149 3.125% Due 08 -17 -17 200,000 WACHOVIA CORP GLOBAL MEDIUM 85.50 171,000 113.96 227,916 1.10 11,500 1,917 3.57 5.750 %Due 02 -01 -18 200,000 MCDONALDS CORP WrIN 104.35 208,698 117.15 234,304 1.13 10,700 892 2.78 5.350% Due 03 -0 1 -18 200,000 GENERAL ELECTRIC CAP CORP. 84.71 169,416 111.00 221,996 1.07 1 1,250 4,687 3.93 5.625% Due 05 -01 -18 Accrued Interest _46,376 ___ 0.22 _ 2,93120 3,908,196 16.44 46,376 _ DOMESTIC LARGE CAP EQUITY FUNDS /ETF 44,152 SPDR S&P 500 ETF TRUST 9183 4,142,915 114.13 5,039,068 24.31 NA DOMESTIC Ann CAP EQUITY FUNDS /F,TF 23,543 ISHARES S&P MIDCAP 400 52.43 1,234,272 50.08 1,885,323 9.10 NA DOMESTIC SMALL CAP EQUITY FUNDS /ETF 13,802 ISHARES S &P SMALLCAP 600 INDEX 45.29 625,081 59.09 815,560 3.93 NA INTERNATIONAL FUNDS/ETF 62,756 VANGUARD EUROPE PACIFIC Elf 27.54 1,728,181 34.52 2,166,337 10.45 NA EMERGING MARKET FUNDS /ETF 31,300 VANGUARD EMERGING MARKET EIF 25.51 798,422 45.46 1,422,898 6.86 NA REAL ESTATE 17,663 VANGUARD REIT ETF 31.37 554,025 52.08 919,889 4.44 NA CASH AND EQUIVALENTS CASH RECEIVABLE 27,639 27,639 0.13 NA Wells Fargo Secured Moneylviuket Account 271,156 271,956 1.31 299,595 299,595 1.45 TOTAL PORTFOLIO 16,899,301 20,728,894 I00 300,195 82,624 3 tD W Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OT KENAI - AIRPORT PERMANENT FUND From 09 -01 -10 To 09 -30 -10 Trade Settle Trade Date Date Security Quantity Amount PURCHASES U.S. TREASURY 09 -10 -10 09 -13 -10 USTREASURYNOTES 400,000 401,609.38 0.875% Due 04 -30 -11 401,609.38 DIVIDEND DOMESTIC LARGE CAP EQUITY FUNDS/ETF 09 -17 -10 10 -29 -10 SPDR S &P 800 ETF TRUST 27,638.97 DOMESTIC MID CAP EQUITY FUNDS/ETF 09 -24 -10 09 -30 -10 ISHARES S &P MIDCAP 400 5,870.45 DOMESTIC SMALL CAP EQUITY FUNDS/ETF 09 -24 -10 09 -30 -10 ISHARES S&P SMALLCAP 2,061.43 600 INDEX REAL ESTATE 09 -24-10 09 -30 -10 VANGUARDREITETF 8,160.31 43,731.16 INTEREST CASH AND EQUIVALENTS 09 -01 -10 09 -0I -10 Wells Fargo Secured 38.13 MoneyMarket Account CORPORATEBONDS 09 -01 -10 09 -01 -10 JP MORGAN CHASE & CO 4,750.00 4.750% Due 03 -01 -15 09 -01 -10 09 -01 -10 MCDONALDS CORP M /T/N 5,350.00 5.350 %Due 03 -01 -18 _ 10,100.00 10,138.13 4 a Alaska Permanent Capital Management Co. TRANSACTION SUMMARY CITY OFNENAI - AIRPORT PERMANENT FUND From 09 -01 -10 To 09 -30 -10 Trade Settle Date Date Security Quantity Trade Amount PURCHASED ACCRUED INTEREST 09 -27 -10 09 -30 -10 SPUR S &P 500 ETF TRUST U.S. TREASURY U.S. TREASURY 09 -10 -10 09 -13 -10 USTREASURYNOTES 1,293.48 0.875% Due 04 -30 -11 333,089.19 1,293.48 SALES, MATURITIES, AND CALLS DOMESTIC LARGE CAP EQUITY FUNDSIETF 09 -27 -10 09 -30 -10 SPUR S &P 500 ETF TRUST 1,750.0000 200,305.99 U.S. TREASURY 09 -10 -10 09 -13 -10 USTREASURYNOTES 125,000 132,783.20 3.500% Due 05 -15 -20 333,089.19 SOLD ACCRUED INTEREST U.S. TREASURY 09 -10 -10 09-13 -10 US TREASURY NOTES 1,438.52 3500% Due 05 -15 -20 1,438.52 WITHDRAW CASH AND EQUIVALENTS 09.20 -10 09 -20 -10 Wells Fargo Secured 290.44 MoneyMarket Account 290.44 h Alaska Permanent Capital Management Co. REALIZED GAINS AND LOSSES CITY OFKENAI - AIRPORTPERMANENT FUND From 09 -01 -10 Through 09 -30 -10 Cost Date Quantity Security Basis Proceeds 09 -10 -10 125,000 USTREASURY NOTES 3.500% Due 05 -15 -20 09 -27 -10 1,750.0000 SPDR S&P 500 ETF TRUST TOTAL GAINS TOTAL LOSSES con Gain Or Loss 130,048.83 132,783.20 2,734.37 164,207.78 200,305.99 36,098.21 38,832.58 0.00 294,256,61 333,089.19 38,832.58 Alaska Permanent Capital Management Co. CASH LEDGER CITY OFKENAI - AIRPORT PERMANENT FUND From 09 -01 -10 To 09 -30 -10 Trade Settle Tran Date Date Code Activity Security Amount _ CASH RECEIVABLE 09 -01 -10 Beginning Balance 0.00 09 -17 -10 10 -29 -10 dp Dividend SPDR S &P 500 ETF TRUST 27,638.97 09 -30 -10 Ending Balance - 27,638.97 Wells Fargo Secured MoneyMarket Account 09 -01 -10 Beginning Balance 314,391.40 09 -01 -10 09 -01 -10 dp Interest 1P MORGAN CHASE & CO 4,750.00 4.750% Due 03 -01 -15 09 -01 -10 09 -01 -10 dp interest MCDONALDS CORP M/T/N 5,350.00 5.350% Due 03 -01 -18 09 -01 -10 09 -01 -10 dp Interest Wells Fargo Secured MoneyMarket 38.13 Account 09-10 -10 09 -13 -10 dp Sale US TREASURY NOTES 132,783.20 3.500% Due 05 -15 -20 09 -10 -10 09 -13 -10 dp Accrued Interest US TREASURY NOTES 1,438.52 3.500% Due 05 -15 -20 09 -10 -10 09 -13 -10 wd Purchase US TREASURY NOTES - 401,609.38 0.875% Due 04 -30 -11 09 -10 -10 09 -13 -10 wd Accrued Interest US TREASURY NOTES - 1,293.48 0.875% Due 04 -30 -11 09 -20 -10 09 -20-10 wd Withdrawal from Portfolio - 290.44 09 -2410 09 -30 -10 dp Dividend SSHARES S &P SMALLCAP 600 2,061.43 INDEX 09 -24 -10 09 -30 -10 dp Dividend VANGUARD REIT ETF 8,160.31 09 -24 -10 09 -30 -10 dp Dividend ]SHARES S &P MIDCAP 400 5,870.45 09 -27 -10 09 -30 -10 dp Sale SPDR S &P 500 ETF TRUST 200,305.99 09 -30 -10 Ending Balance 271,956.13. 7 FINANCE DEPARTMENT QUARTERLY EXPENDITURE V To: Rick Koch, City Manager ,From: Terry Eubank, Finance Director Date: October 28, 2010 Subject: Quarterly Financial Report REPORT — SEPTEMBER 2090 Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water /sewer fund as of September 30, 2010. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to the City by the Borough through February. The third calendar quarter 2010 sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of October. State and Federal is below budget in all funds because of PERS aid. The State doesn't actually give us any money. Instead they make an 'on- behalf payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non - Departmental department is way under budget. At year -end we will record revenue and expenditures for these items. Interest and miscellaneous appears to be higher than anticipated this early in the year, however, interest revenue is recorded in the General Fund until year -end at which time we allocate it to the various funds that earn interest. Further, this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year -end. -97- Note: The original budget includes outstanding encumbrances at 66012010. • e Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2010 Original . FY2010 FY2011 Amended YTD Actual Budget Bud et Actual Variance % REVENUES Appropriation of Fund Balance $ $ 565,880 $ 758,846 $ - $ (758,846) 0.00% Taws 8,163,558 8,710,913 8,710,913 1,521,927 (7,188,986) 17.47% Llcenses/Permifs and Ambulance 347,112 381,000 381,000 105,232 (275,768) 27.62% State/Federal 1,570,053 1,068,209 1,083,234 107,064 (976,170) 9.88% Dock/Multipurpose/Misceltaneous 167,986 194,000 194,000 103,539 (96,461) 53.37% Fines and Forfeitures 212,992 188,500 188,500 144,413 (44,087) 76.61% Interest and Miscellaneous 753,984 770,285 770,285 293,081 (477,204) 38.05% Transfers/Centml Admin Fees 1,176,971 1,262,000 1.262.000 311,975 (950,0251 24.72% Total Revenues .12,392.656 13.140.787 13.348.778 2,687,231 110,761.6471 19.38% EXPENDITURES & TRANSFERS General Government 01 City Clerk $ 214,696 $ 214,117 $ 219.067 $ 49,485 $ 169,582 77.41% 11 Legislative 166,439 187,918 187,918 28,663 159,255 64.75% 12 Legal 261,312 265,853 269,963 63,519 206,444 76.47% 13 City Manager 241,268 275,572 283,985 71,665 212,320 74.76% 15 Finance 391,577 431,015 431,015 99,193 331,822 76.99% 16 Land Administration 16,521 20,800 20,800 BOB 19,992 96.12% 18 Non - Departmental 746,509 878,389 886,114 312,520 573,594 64.73% 19 Planning and Zoning 213,099 234,329 234,329 52,077 182,252 77.7846 20 Safety 3,416 8.760 8.760 8,760 160.66% Total General Government 2254.837 2.516.753 2.541.951 677.930 1.864.021 73.33% Public Safety 21 Police 2,674,270 2,660,214 2,660,214 656,452 2,003,762 75.32% 22 Fire 2,041,656 2,141,510 2,317,003 489,839 1,827,164 78.86% 23 Communications 684,389 707,751 707,751 163,464 524,287 74.08% 29 Animal Contml 281.233 311.033 311.033 112.971 198.062 63.68% Total Public Safety 5.681.548 5.820,508 5.9961001 1.442.726 4.553.275 75.94° Public Works 31 Public Works Administration 211,673 222,581 222,581 48,013 174,568 78.43% 32 Shop 530,704 632,565 632,585 106,081 526,484 83.23% 33 Streets 815,046 925,063 925,063 159,733 765,330 82.73% 34 Buildings 361,238 539,674 539,674 88,293 451,381 63.64% 35 Street Lighting 112,557 163,408 163,408 13,346 150,062 91.63% 36 Dods 119,440 134,244 134,244 40,141 94,103 70_10% Total Public Works 2.150.658 2.617.535 2,617,535 455.607 2.161.928 82.59% Parks and Recreation & Culture 03 Visitor Center 143,746 193,977 193,977 49,168 144,809 74.65% 40 Library 640,587 651,794 659,094 152,735 506,359 76.83% 45 Recreation 385,800 411,174 411,174 108,238 302,936 73.68% 46 Parks 360,725 405,464 405,484 143,820 261,664 64.53% 47 Beautification 122.569 110.593 110.593 32.269 79,324 70.82% Total Parks and Recreation 1.653.427 1.773.022. 1.780.322 486,230 1.294.092 72B9% Total Operating Expenditures 11.740.470 12.727.618 12.935.809 3,062.493 9.873.316 76.33% Transfer to other funds Senior Citizen 149,229 118,546 118,546 24,525 94,021 79.31% Multipurpose Lighting Upgrade Capital Project 25,000 - - - - 0.00% Comprehensive Plan Projects - 70,000 70,000 - 70,000 100.00% Alternative Energy Project 90,000 90,000 90,000 100.00% Debt Service Fund - 133,423 133,423 - 133,423 100.00% Other non - operating 7.500 1.000 1.000 1,000 100.00% Total Transfer to other funds 181.729 412.969 412.969 24 525 386.444 94.06% Total Expenditures & Transfers 11,922.199 13.140.787 13.348,778 3.087.018 10,261,760 76.87% Net Revenues ovequnder) Expenditures S 470.457 $ $ $ (499,787) $ 1499,7871 Note: The original budget includes outstanding encumbrances at 66012010. • e " Note: The original budget includes outstanding encumbrances at 613012010, •• WOMM Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2010 Original' FY2010 FY2011 Amended YTD Actual Budget Budaet Actual Variance %. REVENUES Appropriation of Fund Balance $ - $ 129,910 $ 210,515 $ 19,604 $ (190,911) 9131% State/Federal 64,935 28,540 28,540 - (28,540) 0.00% Interest, Leases & Fees 774,275 628,300 628,300 317,145 (311,155) 50.48% Terminal Revenues 568,493 584,500 584,500 149,382 (435,118) 25560/. Landing Fees 221,188 272,250 272,250 80,841 (191,409) 29.69% Transfers In 291.937 969.157 969,157 (969,157) 0.00% Totaf Revenues 1.920.828 2.612.657 2.693.262 566.972 (2.126.290) 21.05 EXPENDITURES & TRANSFERS Terminal Area $ 507,768 $ 545,952 $ 545,952 $ 88,695 $ 457,257 83.75% Airfield 1,553,326 1,555,481 1,555,481 316,412 1,239,069 79.66% Administration 282,024 259,735 259,735 50,383 209,352 80.60% Other Buildings & Areas 478,944 171,489 171,489 30,877 140,612 81.99% Training Facility 164.138 80.000 80.000 80.000 100.00% Total Expenditures 2.986.200 2.612.657 2.612.657 486.3 2.126.290 81.38% Transfer to other funds Airport Improvement Capital Projects 64,376 - 80,605 80,605 - 0.00% Courthouse Parking Capital Project 291250 Total Transfer to other funds 355.626 80.605 80.605 Total Expenditures & Transfers 3.341.626 2.612.657 2.693.262 566.972 2.126.290 78.95% Net Revenues over Expenditures $ 1,420,998) $ $ $ $ " Note: The original budget includes outstanding encumbrances at 613012010, •• WOMM " Note: The original budget includes outstanding encumbrances at 6/3012010. -100- Quarterly General Fund Expenditure Report For Quarter Ended September 30, 2010 Original . FY2010 FY2011 Amended YTD Actual Budget Budget Actual Variance REVENUES Appropriation of Fund Balance $ - $ 103,506 $ 103,506 $ - $ (103,506) 0.00% State /Federal 56,640 27,621 27,621 - (27,621) 0.00% Water /Sewer Fees 1,775,002 1,786,510 1,786,510 471,005 (1,315,505) 26.36% Penalty and Interest 13,614 26,000 26,000 6,440 (19,560) 24.77% Interest and Miscellaneous 151.017 43,000 43,000 2,869 (40,131) 6.67% Total Revenues 1.996,273 1.986,637 1.986,637 480.31 (1,506,3231 2418°/ EXPENDITURES & TRANSFERS Water $ 740,396 $ 676,178 $ 676,178 $ 128,798 $ 547,380 80.95% Sewer 382,496 401,378 401,378 75,506 325,872 81.19% Wastewater Treatment Plant 829.296 909.081 909.081 174.571 734.510 80.80% Total Expenditures 1.952.188 1.986.637 1.986.637 378.875 1.607.762 80.93°/ Transfer to other funds - Water & Sewer Capital Projects - #DIV /0! Total Transfer to other funds #DIV /01 Total Expenditures & Transfers 1,952,18& 1.986,637 1,986.637 378.875 1.607,762 M93% Net Revenues over Expenditures $ 44,085 $ $ $ 101,439 $ 101,439 " Note: The original budget includes outstanding encumbrances at 6/3012010. -100- el .. SEAN PARNELL, GOVERNOR 619 E. Ship Creek Ave, Ste 249 Anchorage, AK 99501 -1677 DEPT. OF ENVIRONMENTAL CONSERVATION PHONE: (907) 269 -7695 FAX: (907) 269 -7508 DMSION OF AIR QUALITY http: / /wwA,.dee.state.ak.us/ AIR NON -POINT AND MOBILE SOURCES 10/22/2010 City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Subject: ADEC Scheduled Regional Haze Workshops To whom it may concern: The Alaska Department of Environmental Conservation Division of Air Quality seeks your assistance in notifying the public of upcoming workshops the ADEC will be holding. These workshops will be held to provide the public additional information regarding the recently issued public notice that adds a new section to the Alaska Air Quality Control Plan. The new section addresses the Regional Haze Rule, the federal rules for protection and improvement of visibility in designated federal Class I Areas. Alaska has 4 federal Class I Areas subject to the Regional Haze Rule: Denali National Park, Simeonof Wilderness Area, Tuxedni Wilderness Area, and Bering Sea Wilderness Area. With this letter, five copies of the Regional Haze Flyer have been included. This flyer provides pertinent information on where workshops are being held, a link to Regional Haze documents, and an individual to contact for further assistance. The department requests that you please hang these flyer's up or hand them out to individuals interested in learning more about Regional Haze. The ADEC would greatly appreciate your help in this matter because the public's participation and feedback is vital to this process. Please contact me at (907) 269 -7695 or by email at paul.oneel @alaska.gov if you have any questions regarding this request for assistance. Thank you for your time, Sincerely, Paul O'Neel Environmental Program Specialist Ene.: Five copies of Regional Haze Flyer Supplemental Notice of Public Comment Period —� O — &IO Printed on Recycled Paper You might be asking yourself, "what exactly causes Regional Haze ? ". well you're in luck! The Alaska Department of Environmental Conservation (ADEC) Division of Air Quality has scheduled workshops to provide information to the public regarding the Regional Haze State Implementation Plan (SIP). These workshops will provide the public an opportunity to participate and learn what Regional Haze is and ADEC's role. Workshop Locations: Healy: Wednesday, November 3, 2010, 630- 8:30p.m., Tri- Valley Community Center, Healy, AK 99743 Soldotna: Thursday, November 4, 2010, 7:00- 9:00p.m., Soldotna Sports Center, 538 Arena Ave, Soldotna, AK 99669 Sand Point: Tuesday, November 9, 2010, 7:00.9:00p.m., Library meeting room, Sand Point AK 99661. Please note, if staff is unable to reach Sand Point due to weather, efforts will be made to hold a telephonic question and answer session. A Public Review Graft of the Regional Haze SIP may be viewed at- http://www.dec.state.al(.uis/air-/`ani2ms/`­rh/­rhsip.htm For further information on these workshops please contact: Cindy Heil by telephone at (907)269.7579, or by email at cynthia.heil @alaska.gov. -102- SUPPLEMENTAL NOTICE OF PUBLIC COMMENT PERIOD ON PROPOSED CHANGES TO ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGULATIONS The Alaska Department of Environmental Conservation (ADEC) proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code (AAC) Chapter 50 Air Quality Control. This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PUBLIC COMMENT PERIOD that was issued on October 7, 2010. This supplemental notice adds specific information on workshops scheduled by the department regarding the Regional Haze State Implementation Plan and directs interested parties to revisit the ADEC webpage to ensure that they have the correct version of the proposed amendments to 18 AAC 50.030. ADEC is proposing to amend the State Air Quality Control Plan to adopt the following documents by reference • Volume H, Section HLD.VI: Interstate Transport of Particulate Matter is being revised to meet the requirements of the Clean Air Act, Section I I0(a)(2)(D)(i) for the 2006 PM 2.5 annual and 24 -hour, primary & secondary National Ambient Air Quality Standards; • Volume H, Section IILF: Open Burning is being revised to include "In Situ Burning Guidelines for Alaska, Revision i ", revised August 2008; and to update the Open Bum Application requirements as found in Alaska's Enhanced Smoke Management Plan; • Volume II, Section III.K: Areawide Pollutant Control Program for Regional Haze is a new section being adopted by reference to meet the regulatory requirements of 40 CFR §51.308; and to meet the regulatory requirements of Alaska's regional haze Federal Implementation Plan notice; • Volume III, Appendices to Volume I1, is being revised to include the appendices for Alaska's Areawide Pollutant Control Program for Regional Haze. You may comment on the proposed regulation changes, including the potential costs to private persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to Scott Sloane, Division of Air Quality, ADEC, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska 99811 -1800, or by facsimile at: (907) 465 -5129. Comments must be received by 5:00 p.m. on Friday, November 19u', 2010. Comments received after this date will not be considered in final action on these rules. The Department will hold a public hearing on this proposal on Tuesday, November 161h 2010 from 12:30 -1:30 pm, at the ADEC Bayview Office Building, Conference Room A, 619 Ship Creek Drive, Anchorage, Alaska. Oral or written comment may be submitted at the hearing. The hearing will be extended if necessary to accommodate those present before 1:30 pm who did not have an opportunity to comment. If you will not be able to attend the public hearing in person, please contact Cindy Heil at (907) 269 -7579 by Friday, November 12"', 2010 to make arrangements to participate by phone. A toll free call -in number will be provided to those who make arrangements in advance. -103- Workshops: DEC has scheduled workshops to provide information regarding the Regional Haze State Implementation PIan (SIP) and answer questions that the public may have about the Regional Haze Plan. No public testimony will be taken at these workshops. Staff will be available to present information and respond to questions and answers. Workshops will be held at the following locations and times: Healy: 6:30 PM to 8:30 PM on Wednesday, November 3, 2010, Tri- Valley Community Center, Healy, AK 99743 Soldotna: 7 PM to 9 PM on Thursday, November 4, 2010, Soldotna Sports Center, 538 Arena Ave, Soldotna, AK 99669 -8200 Sand Point: 7 PM to 9 PM on Tuesday, November 9, 2010, Library meeting room, Sand Point AK 99661. Please note, if staff are unable to reach Sand Point due to weather, efforts will be made to hold a telephonic question and answer session. The State of Alaska, Department of Environmental Conservation complies with Title II of the. Americans with Disabilities Act of 1990. If you are a person with a disability who may need a special accommodation in order to participate in this public process, please contact Deborah Pock at (907) 269 -0291 or TDD Relay Service 1- 800- 770- 8973/TTY or dial 711 within 20 days of publication of this notice to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes and the Regional Haze documents please refer to this ADEC webpage http: / /www.dee.state.ak.us /air /ap /calendar.htm, or contact Scott Sloane by telephone at (907) 465 -5176, or by e-mail at scott.sloanena,alaska.zov. Please revisit the Regional Haze web page to ensure that you have the correct version of the regulations. An incorrect version of the regulations was inadvertently posted for a short time. After the public comment period ends on November 19a', 2010, ADEC will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public inspection. Statutory Authority: AS 46.03.010, AS 46.03.020, AS 46.14.030, AS 46.14.510 Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.010, AS 46.03.020, AS 46.14.030. AS 46.14.510 Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. �y Dated: October 20'x', 2010 Lang Hartig, Commissioner -104- Wednesday, NoVe411b6r'17fih Thursdoyy November 18th T.OD a.m. HeBlsiMlan /OhQdk In /BRHbiIS O(fen 1:DOath, BkhibBS Open - - crn[mlona` avwx.la, EYa- Opa,et Bmskle30n; EA10f Al €t— SPO UnnIdby Ahglo Amolaah U6 LLE - Eyb OPAAP BMakt.St in EHH161t Arta- :Sprnaored by Nollxim Bank BAD Opbdk[J) Kb(;naiL AddYyshr fail_g AIAt W'NatNAI Gee TAAAWORWlW, Proyeots VIP H.oapllon HOW Govaraer Bdan PAtnell GOVnmmaN Ol CnnMn Fo8ow CaordihIdW,'DBIE?e of the Federal Coordinator A CAAo,ettldy M:Improwny A" bb Y6v.s6g npki,rnale Contbrple. Sponsor h1Y AtdEka Netwal Gae Trmis`ponotion Prgiects. waelirwkin, D.C. AI Air Cargo Cherq® Bdg(prdald¢nt Pnnce$A 6ti(+i9pY 9Hatf tk ANA'!. 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P.MOINbbit1a aCanpvr,y alt£LFA6 P.AAaborN. BlMromo FMInI MM1rMp Pop. LLC mNa.M.. a n.La.drro noon- PDanuc.Ontn lac Tobora T.aory AlasFn WmDanY War GroWlq tU.AI. hm. 11n.. Pamm�lar9 %W 8101011 abort M. Trader Esmma .8too abb-AHr.m.mr sw mrr,.na, nc "1 VBA Mr. Utle,nay.nalnnaya4msarvw.. W..r WeOan Bmna. In.. um Capornbr, Yf.non Sold.- UaNeN CAM M., MC. wa ayPml.m SP.Pandl*OPP. !!Pons, am still fwasaMe. To tro Flood In no antrw Pngmm, respontl by FdOom, NolamAv 5. CRI 007 - 2160]00 Or y%N akrdc or9. Regis ®n E-mail: �8 Please take advantage of the special Early Bird Rate! g Register by Friday, November 5, 201010 quai . Conference Registmilon by November 5, 2010 -- RDC members $325, Non - members $400 RDC members $375 sort non- memMas $150 (AS of Monday, November a, 2010) Conference Registration November 8 B later Please note that if you or your organizalion am sponsoring the conference, you may be entitled to complimentary registrations and will not be required to register onOne. Please visit the Total $_ ..... _ sponsor page to see the list of current sponsors or contact RDC staff for assistance. Register online at vnvw.akrdc.org or return this form to: Resource Development Council 121 W. fireweed Lane, Suite 250 Anchorage, AK 99503 VISA/MC /AMEXA:_ Fax: (907) 270 -3887 e No refunds after Friday, November 5, 2010. Participant a substitution is permitted, please cell RDC with changes. Hotel Information. phoned awnamrly) For additional Information, call RDC at (907) 2760700. Name:_..— .— _ —' - -- a Y GG Company_..___ and speedy "Resonme Development Connell." catle rdc20f0. C) Mailing Address: __- p1 15 Online reaervatione: www.caplelncook.com and enter city: Ztp.__ Shereion Anrle iaga Hotel: Seeloight. Call 907 - 340-3156 and ape,"y "Resource Phone:_ E-mail: Method of Payment, . Conference Registmilon by November 5, 2010 -- ($325 member, $400 non - member) $ Conference Registration November 8 B later ($375 member, $450 non-member) $ Total $_ ..... _ y (Ae it appaeR On the credit eeN) VISA/MC /AMEXA:_ n e Exp. Date:_ - _Billing Zip Code:__ a E o Hotel Information. phoned awnamrly) t '� Hotel Captain Cook: $flNnight. 0.11 1-000 0 M3.1950 a Y GG q°q Igo p and speedy "Resonme Development Connell." catle rdc20f0. a- 6 p1 15 Online reaervatione: www.caplelncook.com and enter � Shereion Anrle iaga Hotel: Seeloight. Call 907 - 340-3156 and ape,"y "Resource to —� It 8 Development Council." N � p 4uria ULL G� a .F_fSry 4" S8 yip b9 10 P M To: Mayor Porter Council Members Ullaye with a Past, City wick a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 Thru: Rick Koch, City Manager �L• From: Terry Eubank, Finance Director Date: October 28, 2010 Re: Resolution 2007 -20 requiring annual notification of all City bank accounts and check signers. The following list is provided in compliance with resolution 2007 -20. It should be noted that within the last year the administration has closed its traffic citation account at First National Bank Alaska due to change in policy by the Alaska Court System. The administration has recently opened a new ambulance billing account with Wells Fargo to allow our third -party billing contractor to deposit directly into. The following people are authorized to sign checks: Rick Koch, City Manager Tina Williamson, Utility Billing Acct. Carol Freas, City Clerk Christine Cunningham Asst to City Manager Terry Eubank, Finance Director Robin Adams, Accountant The City maintains two bank accounts at Wells Fargo. The City maintains a third party custodial relationship with Bank of New York to collateralize deposits at Wells Fargo. The City has relationships with various investment brokers. Wells Fargo Trust holds all securities purchased. Rick Koch, Terry Eubank, and Robin Adams are authorized to initiate investments transactions. The City has an account with Key Bank for investments in the Alaska Municipal League Investment Pool. If there are any questions about banking or investments please contact me. -107- NOTICE OF PUBLIC HEARING NOVEMBER 3, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. 3. Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 4. Resolution No. 2010 -61 -- Awarding a Contract to Alaska Sure Seal for Snowplowing/ Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. �ZI�C✓�Ci G��.��0� Carol L. Freas, City Clerk Posted: October 29, 2010 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA ISS: 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 #93476 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: November 1, 2010 X .onin� iY..P1(2__ SUBSCRIBED AND SWORN to me before th' 10th da of November 2010 iz V NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 ,�yOTAR Y --dp " puBoG AGENDA KENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 3, 2010 7OU KENAI CITY COUNCIL CHAMBERS http' //www ci kenai ak.us ITEM A: CALL TO ORDER 3. ELECTION OF VICE MAYOR ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2516.2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 2. Ordinance No. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. 3. Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 4. Resolution No. 2010.61 — Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. Action /Approval -- Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. 4. Action /Approval -- Amendment/Kenai Convention & Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors & Cultural Center. 5. Discussion /Action -- Schedule Board of Adjustment Hearing/Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning & Zoning Commission Approval of PZ10 -41 — An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Properly Known as SE1 14 SE14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access - Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ10 -42 - An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0969. 6. Discussion /Action — Council Commission/Committee Liaison Assignments. 7. Discussion /Action: Telephonic Participation for Planning & Zoning Commissioners at Commission Meetings EXECUTIVE SESSION — None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http'/1www.ci.1kenai.a1k.us. Carol L. Frees, City Clerk D470/211