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HomeMy WebLinkAbout2000-04-05 Council PacketKenai City Council Meeting Packet April 5, 2000 AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 5, 2000 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. Agenda Approval 4. Consent Agenda *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: ITEM C: SCHEDULED PUBLIC COMMRNTS (10 minutes) PUBLIC ItEARINGS . Resolution No. 2000-12 -- Transfemng $3,600 to the Clerk's budget for Purchase of Equipment in Regard to the Establishment of a Records Management Program. e *2000 Liquor License Renewals ITEM D: Pizza Hut #9 Upper Deck Casino Bar Restaurant Place Beverage Dispensary License/Tourism Beverage Dispensary License COMMISSION/COMMITTRR I~'-PORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report -1- ITEM E: MINUT~ o ITEM F: ITEM G: ITEM H: le . , , . , . , ITEM I: , 2. 3. 4. 5. 6. 7. *Regular Meeting of March 15, 2000. CORRF~PONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1854-2000 -- Increasing Estimated Revenues and Appropriations by $75,000 in the General Fund for Transfer to the Boating Facility Fund. *Ordinance No. 1855-2000 -- Increasing Estimated Revenues and Appropriations by $90,000 in the General Fund and FAA HQ Site Cleanup Capital Project Fund for Environmental Site Assessment and Underground Storage Tank Closure. *Ordinance No. 1856-2000 -- Including the Offense of Negligent Driving in the City's Traffic Code Contained in KMC 13.20. *Ordinance No. 1857-2000 -- Repealing Various Sections of Title 13 of the Kenai Municipal Code. *Ordinance No. 1858-2000 -- Amending KMC 13.05.010 and KMC 13.05.020, and Deleting KMC 13.05.030, to Eliminate Misdemeanors From the Kenai Municipal Code and Replace Them with Violations. *Ordinance No. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/Redoubt W & S Crossings Capital Project Fund. Discussion -- Schedule Budget Work Sessions .ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Managers Airport Manager -2- ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- MAYOR'S REPORT APRIL 5, 2000 REGULAR COUNCIL MEETING ADD AS: SUBSTITUTE: CHANGES TO THE AGENDA H-10, Discussion -- Tree Topping Program (BUT DISCUSS PRIOR TO C-I.) H-2, Purchase Orders Exceeding $2,500 -- Adding purchase order to Booth's Landscaping for completion of tree-topping process. REOUESTED BY: CITY MANAGER CITY MANAGER CONSENT AGENDA None. MAYOR'S REPORT > ~z o<~~o~O ~>z~ ~z 3 ~o Z 0 ~~~3g~o > ~ ~>z~ ~ Z ~~~3o<O o<~~o~O t ~>z~ ~~~3o<0 o<~~g ~ CITY OF KENAI RESOLUTION NO. 2000-12 Suggested by: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $3,600 TO THE CLERK'S BUDGET FOR PURCHASE OF EQUIPMENT IN REGARD TO THE ESTABLISHMENT OF A RECORDS MANAGEMENT PROGRAM. WHEREAS, the Kenai City Council has directed the City Clerk to establish a records management program, including copying city documents to recordable and retrieveable media; and, WHEREAS, basic office equipment is needed to perform this function, including a computer, printer, software, desk, etc.; and, WHEREAS, funds were not included in the Clerk's FY 1999-2000 budget for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following transfer of funds be made: From; Legislative-- Professional Services $3,600 To: Clerk-- Small Tools $3,600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of April, 2000. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf Approved by Finance: M~R-29-O0 ~ED 14:01 KENfiI PENN BORO CLERK F~× NO, @0?2628615 - KENAI PENIN,.~UI-A BOPlOUGi' 144 N. DINKLEY ~ SOLDOTNA, ALASKA .' 99669-7599 I;SUSINE$$ (907) Z~Z-8606 I=AX (907) ~62-8615 EMAIL: asseml~lycle~k~borough, kenai-ak, us · March 29, 2000 LINDA MURPHY, CMC BOROUGH CLERK'' Ms. Donna John.~on Records & Licensing Supervisor A. lcoholi¢ Bever,~gc Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Application for Renewal of Liquor Licenses [/)ear Ms. Johnson: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the applications for r,n,wal of their liquor ligcn$os for th, ibilowing ,~tabli.qhment~. located in the City ofKenai. Alasl~ Re.~taurnnt Place Pizza Hut #9 Be__,.vcr. a. ee Dispensa~ License- Tourism Uppm' Deck Beverage Dispensary,, License cieorge:', s ,Casino-Bar-. The Kenai Peninsula Borough Finance Department tins reviewed it~ files m~d hns rai~¢d no objoction bused on unpaid or delinquent Sincerely, · Linda S. Murphy, CMC/AAE Borough Clerk Applicant CiW of Kcnai KP'B F inmm¢ D,-pamcnt File ................... ....................... :::::::::::::::::::::::::::::::::: COUNCIL ON AGING March 13, 2000 10:00am Call Meeting to Order Agenda Approval Minutes from Prior Meeting Old Business: 1. Land Surrounding the Senior Center 2. Coordinated Transportation New Business: 1. Legislative Issues 2. Election of Oi~cers 3. Coats in the Dining Room Persons Wanting to be Heard: COUNCIL ON AGING ANNUAL MEETING' MARCH 13, 2000 10:00 A.M. KENAI SENIOR CENTER -/ ITEM 1' CALL TO ORDER Ih ROLL CALL Vice Chair Joanna Hollier called the meeting to order at 10:00 a.m. and the roll was taken as follows: Present: Absent: Also Present: Hollier, Jones, Meeks, Wilson, Fields, Wiese and Jurgensen Enfield and Nelson Council Member Porter, Director Kelso, City Clerk Freas, Sylvia Johnson, and Representative Hal Smalley ITEM 2' ,, AGENDA APPROVAL Hollier requested the Election of Officers and Legislative Issues be moved forward and heard immediately after the approval of minutes. There were no objections to the amended agenda. ITEM 3: APPROVAL OF MINUTES -- November 17, 1999 MOTION: Member Jurgensen MOVED to accept the November 17, 1999 minutes as presented and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS Election Of Officers Chair -- The floor was opened for nominations for chair of the Council on Aging. No nominations were offered and Vice Chair Hollier asked Member Jones if he would be the chair of the Council on Aging. Jones stated he would. There were no objections from the membership. ~O ORDERED. Vice Chair-- MOTION: Member Meeks MOVED to nominate Member Jurgensen as vice chair. There were no objections. SO ORDERED. 6-b. Legislative Issues Representative Hal Smalley reviewed efforts of the Legislature to decrease the state budget an additional $30 million. He added, because suggested cuts had already exceeded the $30 million goal, it was hoped funds cut from the longevity bonus made last year would be reinstated in next year's budget. Smalley also reviewed several bills that could have a negative impact on senior services; the ability to tax properties owned by seniors or veterans and cuts to municipal assistance and revenue sharing (which would mean cuts to the local governments and to senior programs supported by the local governments}. Smalley noted a bill had been introduced to counteract the property tax bill. Smalley also discussed efforts to develop a long-range fiscal plan, i.e. Mackey Plan (paying a one-time $25,000 Permanent Fund Dividend and then ending dividend program) and House Bill 411 (a three-phased plan which would not impact the dividend program, but could incorporate a state income tax or sa/es tax, or a combination of both). Kelso asked if the weatherization and energy assistance programs would be impacted by the cuts. Smalley answered, the weatherization program would and the energy assistance program had not yet been reviewed by the Legislature. Hollier left the meeting at 10:25 and Jones assumed the chair. A general discussion followed regarding cuts, fiscal plans, sales tax/state income tax versus the dividend, program. Smalley noted 50% of the House and Senate membership, both Republican and Democrat, supported the institution of either a state sales tax or income tax or a combination of both. He also noted, it was necessary for the state to acquire more revenue-producing programs (gas pipeline, etc.). School funding was also discussed and it was noted the cuts in teacher positions made recently Were because of reductions in student enrollment. Smalley encouraged the membership to contact him if they had questions through his office or the Legislative Information Office. He noted, information on bills impacting seniors would be forwarded to Kelso for review. I?EM 5- OLD BUSINESS 5-a. Land Surround the Senior Center -- Kelso reported the property in front of the Senior Center had been sold to Dr. Zirul who would be constructing a medical clinic on the property. Porter explained she didn't think anything would develop on the FAA property in the near future as clean-up efforts would have to occur first. Discussion followed regarding the development of an assisted living facility in the community. Comments of disappointment the latest plan did not develop were voiced. Porter suggested a committee of representatives from the area senior centers be formed to investigate the acquisition of available funds from the Alaska Housing Finance Corporation to build an assisted living facility. She noted, the committee would have to convince another entity to acquire the funding and build the facility. Porter added, the need for such a facility was already documented. Council on Aging Meeting Minutes March 13, 2000 Page 2 5-b. Coordinated Transportation -- Kelso reported the transportation committee met with the city council to review their proposed program and requested a $25,000 donation from the city for the effort. Kelso also noted the committee would come to the Council on Aging to request a £mancial donation as well as participation of the senior vans for the program. She added, she and other city administrators had reservations to donating the use of the vans because of the extra wear and tear on the vehicles. Porter noted, the committee would have to make a formal request at the city's budget hearings for the $25,000, and with all the other budget concems the city was facing, it was unknown if the request would be favored. She also mentioned the city council would not consider donating the use of senior vans without approval of the seniors since they earned the money to purchase the vehicles. ITEM 6- NEW BUSINESS -- Continued 6-c. Coats in Dining Room -- It was noted Sylvia Johnson requested this item be included on the agenda. Johnson explained her concern that coats were being hung on the backs of chairs in the dining room which made it hazardous for the servers and others to maneuver around the room. It was suggested the seniors be reminded to use the coat rack in the entryway of the Center. Kelso stated she would include the information in the next newsletter. ITEM 7: COMMENTS FROM THE FLOOR Fields -- Requested additional sanding of the Center and Housing parking lots. Johnson -- Stated her concern trash was being blown around by the wind and not picked up and placed in the dumpster. She also noted, the sidewalk between the housing facility and the Center had not been sanded, making walking hazardous. Johnson explained she had spoken to the property manager and the concerns were not resolved. Kelso is to investigate the concerns. ITEM 8: ADJOURNMENT MOTION: Member Meeks MOVED for adjournment and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 11:25 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Council on Aging Meeting Minutes March 13, 2000 Page 3 KENAI AIRPORT COMMISSION MARCH 9, 2000 Kenai City Council Chambers 7:00 P.M. ***AGENDA*** ITEM 1' ITEM ITEM 3: ITEM 4: ITEM 5- ITEM 6: ITEM 7: ITEM 8' ITEM 9: ITEM 10: b.. ITEM 11' CALL TO ORDER AND ROLL CAI,I, AGENDA APPROVAL APPROVAL OF MINUTES - February 10, 2000 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Foreign Trade Zone Discussion -- Landing Fees Discussion -- Goals & Objectives Update -- Carpet Committee Report NEW BUSINESS REPORTS Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND (~U~TION.~ PERSONS NOT SCHEDULED TO INFORMATION ITEMS Kenai City Council Meeting Action Agendas for February 16 and March 1, 2000. Alaska Peace Officers Benefit Program Flyer Advertisement. Updated Airport Commission membership list. ADJOURNMENT ITEM 1' KENAI An~ORT COMMISSION KENAI CITY COUNCIL CHAMBERS MARCH 9, 2000 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING CALL TO ORDER/h ROLL CALL Chairman Knackstedt called the meeting to order at 7'00 p.m. follows: The roll was taken as Present: Absent: Others Present: Holloway, Bielefeld, Knackstedt, Haralson, and Copple Favretto, Van Zee Airport Manager Cronkhite, Assistant Airport Manager Holland, Councilman Bookey and Contract Secretary Kellerby ITEM 2: AGENDA APPROVAL It was noted the Airport Manager would arrive late and in order for her to speak to Item 5-b, it was moved to 5-d. MOTION: Commissioner Holloway MOVED to approve the agenda as amended and Commissioner Bielefeld SECONDED the motion. There were no objections. ORDERED. ITEM 3: APPROVAL OF MINUTES -- February 10, 2000 SO A correction to the minutes was noted on page 7, line four: "parameter" lights should be "perimeter." MOTION: Commissioner Bielefeld MOVED for approval of the minutes as corrected and Commissioner HollOway SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSON SCHEDULED TO BE HEARD -- None. , , ITEM 5- OLD BUSINESS Discussion- Foreign Trade .Zone. Holland reported Cronkhite and Marilyn Kebschull had been assigned to represent the City of Kenai on the Foreign Trade Zone committee. He noted the letters included in the packet regarding the establishment of a Port of Entry, Foreign Trade Zone (FTZ) and an exploratory study being prepared for the Kenai Peninsula Borough. He noted Cronkhite would be attending a meeting in Kodiak in a couple weeks to this regard and would report back to the Commission. Discussion - Goals/h Objectives Holland reported some of the items on the list in the packet for "Goals 2000" had been accommodated and other were being planned. Knackstedt asked that other Commission members make a list of goals they would like to add to this list. Haralson passed out a list of goals he had prepared and they were discussed. Holland noted administration was evaluating the installation of an aircraft washing station. Copple suggested a survey be done for private and commercial aircraft to help justify the costs and help in the master plan of where the airport needs to go. He agreed to put together what the survey might ask and bring it to the next meeting to be discussed. Holland offered questionnaires he had already gathered from' other airports that could be helpful. It was suggested the new commission members be given a copy of the current airport regulations. Update - Carpet Committee Report Holland repOrted the Committee reviewed alternative floor coverings that could be used in entry ways of the terminal to create walk-off areas'at their last meeting. He added, they also spoke with the current janitorial service for the airport and requested suggestions on floor coverings that would make the terminal janitorial services more cost effective. Holland added, the next committee meeting would be held on April 5 and is open to the public. a-do Discussion -- Landing Fees Cronkhite spoke of the sample letter in the packet concerning the intent to raise landing fees from the current rate of .25 to .50 cents per thousand pounds. She noted, the letter was mailed to every airline air carrier currently paying landing fees at the airport. Also discussed was the monthly Kenai Municipal Airport Landing Report. ) ITEM 6: ,,,,I~W BUSINGS Haralson spoke of Airport Regulation 4.05.010 referring to the grass and Ski strip being open during the operation of the airport, etc. He noted, the strip had been decommissioned and a code change was needed. He also noted a change should be made to the requirement that a soloing pilot needed to get signed off by'a specialist as it was no longer done. Cronkhite reported the City Manager was reviewing all recommendations on code changes and items causing a conflict, legal or safety problem would be addressed first. She noted there were numerous editorial changes needing to be made' Councilman Bookey advised the Commission to forward areas for review to the Commission's liaison and they would be presented to council at their next meeting. ITEM 7: RRPORTS 7-a. Commission Chair -- Knackstedt introduced Carrie Hyden from the airport contract tower. He noted, Hyden attended the last Civil Air Patrol meeting they discussed pilots meeting with tower and flight service personnel to familiarize themselves with the people they speak to on the radio. 7-b. Airport Manager -- Cronkhite spoke about the AIP program from which funds were being requested to build the new airport f'a'e station. She noted, the city may be approved for the funding within the next month or so. She explained, the funds would AIRPORT COMMISSION MEETING MINUTES MARCH 9, 2O0O PAGE 2 be received from a three-year authorization congressional bill which would allow forward spending of the city's entitlement dollars. She also noted, a portion of the bill referred to increasing the upper !/mit of PFCs to $4.50. Cronkhite also reported the Free Trade Zone (FTZ), as she understood it, would not have to be one single parcel of land and a portion of the airport and areas in Seward, Nikiski, and Homer could be included in the FTZ. Having a FTZ would activate a customs agent at the Kenai airport. 7-c. City Council Liaison -- Councilman Bookey reported the Mayor would be discussing the Free Trade Zone at their March 15 meeting. He also noted the next fiscal budget was being developed and would be reviewed, by council in the near future. Commissioners could request a copy of the proposed airport budget from Cronkhite. ITEM 8: COMMISSIONERS* COMMENTS[ OUESTIONS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS Knackstedt asked all the members to review the information items in the packet and Cronkhite noted the information on the Alaska Peace Officers Benefit Program. ITEM 11: ADJOIntNMENT MOTION: Commissioner Holloway MOVED to adjourn the meeting and Bielefeld SECONDED the motion. There were no objections. SO ORDERED. The meeting was adjourned at 8:45 P.M. Minutes transcribed and prepared by: Susan Kellerby, Contract Secretary AIRPORT COMMISSION MEETING MINUTES MARCH 9' 2OOO PAGE 3 IM, GNI~IC COOK 170 5O 3O 10 90 7O 5O 3O 10 " ['""'"'~ {I ~ t RUi~AY ,iL APPROACH · RUNWAY IL ' ' ' '~k'h { ~'~'"~,~ 'fOP APPROACH SUR{'.4dZml Un~ON OF '"' { '~ .... I TRE~ +1~' O' TO ~31' REMO~ ,,~ ~ ~ow~ ~o~ ~' ~'(u) ~om~ ,, , { { , ..... ~ / ", // t / h ~? I, / '-~ ~. ".,.. { f ' i '"'",,, ' , / -' 0400 { '7 , ," o ~l ~ / , , 3800 :3600 3400 '3e00 3000 ~8~0 2600 G~HIC SCl t i I ..---' ' ......... -,. ~ ~ ~ _ 5400 5200 5000 4800 4600 4400 4200 4000 EDGE ./-STORM ., ! ! P \ '(u) ", ~ ,25.5'LT. PC MARKINGS 84. E FUTURE FUTURE REILS FUTURE , ~ vO 170 '2000 1800 1600 1400 1200 1000 800 600 400 200 0 ~o REDUCED SIZE NOT TO A STANDARD SCALE,' ..... N FEET . / /I i ~),.,.,s e~': v.c. /l X~.~.c~n ~': ~'.~. ~^~: o~/t,/ooj~ After Prom Activities Committee Kenai Central High School 9583 Kenai Spur Highway Kenai, Alaska 99611 cITY OF KENAi - A O M I N_I S T_R_A,.-r_.I .O..N_..~ March 1, 2000 Kenai City Council City of Kenai The Kenai Central High School After Prom Activities Committee is beginning its preparations for prom night. This year prom is to be held on Saturday, April 29. Our committee, which consists of parents who are concerned for the safety of their child'ren, are trying to organize a fun, safe, "all-night" pr(;x~ram of activities to follow the prom. In years past, the City of Kenai has been most generous in providing the Kenai Rec Center for the after prom activities. This facility has been provided with no charge to the committee. We are requesting the use of the Kenai Rec Center once again for this year's after prom event and are requesting the City Council waive the fee for the use of the facility. Should you be willing to grant our requests, please contact committee members Elaine Larson, 283-9293, or Marilyn Fards, 283-4833, or our liason at KCHS, assistant principal Hank Overturf, 283-7524. Thank you for your generous support! Sincerely yours, The After Prom Activities Committee Elaine & Mark Larson Bekkie & Wayne Jackson Marilyn & Keith Farris Bobbie & Rick Baldwin Celia & Roy Anderson Susan Peterson CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 22, 2000 - 7:00 p.m. htto://www, c i. kcnai, ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: March 8, 2000 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed fi'om the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: 5. NEW BUSINESS: a. PZ00-07--Landscape/Site Plan~Baker Hughes (Baker Petrolite)--3005 Seward Avenue (Tract D Radar Subdivision- Replat Blocks 10& 11). Application submitted by Baker Hughes (Bert Heitstuman), 14704 Kenai Spur Highway, Kenai, Alaska. 6. OLD BUSINESS: ® PENDING ITEMS: a. Proposed Livestock Ordinance 8. CODE ENFORCEMENT: ® REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Department of Transportation Public Workshop- April 5th ~ 6 p.m. 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS MARCH 22, 2000 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Don Gough, Amy Jackman Others Present: Councilman Duane Bannock, Administrative Assistant Marflyn Kebschull, Contract Secretary Barb Roper 1 -b. AEenda Approval MOTION: Commissioner Goecke MOVED to approve the agenda and requested UNANIMOUS CONSENT. The motion was SECONDED by Commissioner Bryson. There were no objections. SO ORDERED. Approval of Minutes -- March 8, 2000 MOTION: Commissioner Bryson MOVED to approve the minutes of March 8, 2000. Commissioner Goecke SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1 -do Consent Agenda -- None ITEM 2: SCHEDULED PUBLIC COMMENT-- None ITEM 3: CONSIDERATION OF PLATS -- None ITEM 4: PUBLIC HEARINGS -- None ITEM 5: NEW BUSINESS -Re PZ00-07-- Landscape/Site Plan- Baker Hughes (Baker Petrolite) - 3005 Seward Avenue (Tract D Radar Subdivision - Replat Blocks 10 & 11). Application submitted by Baker Hughes (Bert Heitstuman), 14704 Kenai Spur Highway, Kenai, Alaska. MOTION: Commissioner Goecke MOVED to approve PZ00-07 Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There were no public or Commission comments. VOTE: ,,, ~ryson Nord Glick Yes Erwin Yes Goecke Yes Gou§h Yes Jackn~an Yes Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS-- None ITEM 7: PENDING ITEMS 7-a. Proposed Livestock Ordinance - Glick reported a work session was held prior to the March 15m council meeting and it was decided the City Attorney and staff will develop various scenarios for the Commission to review. Kebschull indicated this could be available as soon as the next scheduled Planning and Zoning meeting. ITEM 8: .C, ODE ENFORCEMENT -- None ITEM 9: REPORTS 9-a. City Council- Bannock reported a Council meeting was held on March 15th. Prior to the regular meeting a work session was held with the Planning Commission regarding the livestock ordinance. During the regular meeting, Mayor Williams gave a report on the status of the gas pipeline. Bannock noted the Phillips Petroleum announcement of buying out ARCO would potentially give Kenai the advantage for the gas pipeline over Valdez. He also noted, the Forest Drive construction could begin as early as this calendar year. 9-b. Borough Planning -- Bryson reported the Borough Planning Commission met on Monday, March 13, 2000 and, referring to the information in the packet, reviewed the actions taken by the Commission. 9-c. Administration -- Kebschull announced a DOT workshop would be held on April 5, 2000 regarding the Spur Highway. The Public Works Manager would be attending the workshop and would have information available to those who would not be attending. PLANNING & ZONING COMMISSION MEETING MINUTES MARCH 22, 2000 PAGE 2 Kebschull reported the City was considering a revision of the Comprehensive Plan and suggested the Commission review the landscape site plan requirement for commercial properties. ITEM 10: ,, , PERSONS PRESENT NOT SCHEDULED -- None ITEM 11- INFORMATION ITEMS 1 l=a. Department of Transportation Public Workshop - April 5th ~ 6 p.m. ITEM 12: COMMISSION COMMENTS/h QUF~TIONS -- None. ITEM 13' ADJOURNMENT MOTION: Commissioner Gough MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 7' 10 p.m. Respectfully submitted, Barbara L. Roper, COntract Secretary PLANNING & ZONING COMMISSION MEETING MINUTES MARCH 22, 2000 PAGE 3 KENAI CITY COUNCIL PLANNING tk ZONING COMMISSION JOINT WORK SESSION MARCH 15,2000 6:00 P.M. KENAI COUNCIL CHAMBERS Council present: Commission present: Staff present: Bookey, Swamer, Frazer, Porter, Moore, Williams and Bannock Jackman, Gough, Bryson, Goecke, Nord, Glick and Erwin Freas, Godek, La Shot, Ross, Graves, Cronkhite, Springer and Kebschull It was explained, the work session was requested by the Planning & Zoning Commission and that Commissioner Goecke initiated the process to include a livestock ordinance in the Kenai Municipal Code because he believed livestock, as defined by the draft ordinance, didn't belong in the city limits because of odor, noise, size, space available to house, etc. Goecke stated he was aware Animal Control already attended to these matters, but was not sure the type of control they could offer was what was needed. He suggested no livestock be allowed in the city limits on owned or leased property of less than three acres. Discussion continued and included the following points: · Co_m___missioner Nord believed the livestock ordinance was necessary and that livestock should not be allowed on small lots. She suggested fowl be added to the definition and the limit be one-acre properties instead of three acres. · Cornrnissioner Jackm~ suggested the ordinance allow a temporary permit process for 4-H, FFA projects, etc. · Commissioner Gough stated his objection to the three-acre restriction and suggested restrictions on livestock should be controlled by subdivision covenants. He was aware current problems with livestock were handled by Animal Control, but, if the ordinance went forward, the restriction should be for smaller lots. · Commissioner Bryson explained the discussion originated when poultry was addressed in a conditional use permit situation and then progressed to livestock. He noted, the draft ordinance did not address poultry, but created a huge lot size requirement. He noted areas of the city where zones were created to protect quasi- rural lifestyles and that the three-acre requirement would impact the whole inhabited city. He felt the lot size was excessive. · Glick noted the Commission felt they should discuss the ordinance with council prior to proceeding further and there was not a lot of agreement with the commissioners. · Animal Control Officer Godek stated he has had complaints on livestock · · on both small and larger lots. He has a means to address and rectify noise, care and keep, odor, etc. and suggested that if an ordinance was needed it would be to restrict livestock from small lots and zero lot line properties. He added, deciding on what size lot should be restricted was the problem and that a one-half acre lot would be sufficient to accommodate a horse. He noted, most of the complaints on livestock received had been from people living in larger subdivisions. He also noted, the main complaints received were those regarding restraint, care and keep, etc. which the code addressed. What he was unable to control was the irritation on neighbors. · Red McCollum stated he thought the city was not ready for a livestock ordinance and that a three-acre lot size was too restrictive as there was too much vacant land in the area. · Debbie Sonberg agreed with Bryson. · Commissioner Enarin stated he agreed with McCollum and added, he was not in favor of large animals being allowed in subdivisions with small lots and believed the code already addressed livestock concerns. Bryson reviewed lots sizes in four large subdivisions of the city and noted, the average lot size overall was 11,200 square feet, which was well below the three-acre suggested restriction. The difficulty of defining livestock versus domestic animals was noted as well as the enforcement of covenants being the responsibility of individual subdivision homeowner associations. Council Comments included: · Frazer believed a livestock ordinance should be put in place prior to having problems and understood the people currently having livestock would be grandfathered in. · Porter agreed with Frazer and added, the three-acre restriction might be too large, however, she was in favor of protecting the subdivisions that were most congested. · Williams noted that if an ordinance was developed, it would be more work for Animal Control and more costly to the city. He also noted problems might arise in deciding how many animals would be allowed on lots and suggested it might be better to compromise on land size. · 13ookey stated he believed a livestock ordinance needed to be considered, but the three-acre restriction was too large. He noted, the ordinance would impact a lot of people who took good care of their animals and suggested the ordinance go forward, and suggested a 30,000 to 35,000 square foot lot requirement. He also requested the ordinance include chickens, turkeys, rabbits, ducks, geese, etc. and suggested the definition should be for "farm" animals. · Swarner questioned how permits would be administered for 4-H, FFA, etc. projects -- whether the permits would be for a year; whether a permit would be approved only if children were involved with the animal; the size of the animals allowed, etc. · Bannock stated he believed the enforcement of the ordinance or rules for enforcement of the ordinance should be addressed and suggested defining problems and give the authority to Animal Control to address the problems. Frazer suggested other areas of the United States probably had livestock ordinances in place and could be reviewed and incorporated into Kenai's code. Erwin suggested there be a lot size restriction to the lot size for larger animals (3/4 acre) and a different lot size restriction for smaller animals (which would take care of 4-H, FFA project concerns). Wi_!!_iams summarized from the discussion that council wanted the issue to move forward with a more defined ordinance (addressing the lot size requirements, the definition of livestock, number of livestock allowed, etc.) and directed City Attorney Graves to review livestock ordinances in communities with populations of 10,000 or less, paying attention to the size of lots. It was also noted council desired more representation of the community during the public hearing processes. The work session ended at 7'02 p.m. Carol L. Freas, City Clerk KENAI BEAUTIFICATION COMMITTEE MARCH 14, 2000 5:30 P.M. KENAI COUNCIL CHAMBERS ITEM 1' '**AGENDA'*' CALL TO ORDER & ROLL CA!I, ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTF~ -- February 8, 2000 ITEM 4: PERSONS SCHEDULED TO BE HRAI~r~ Library Director Ewa Jankowska -- Library Flowers ITEM 5' OLD BUSINESS ITEM 6: Discussion -- Yard-of-the-Week Program Discussion -- Year 2000 Beautification Theme NEW BUSINESS Discussion -- Volunteer T-Shirts ITEM 7: REPORTS ITEM 8: ITEM 9: a, b, ITEM 10' Committee Chair Parks & Recreation Director Kenai City Council Liaison OUESTIONS AND COMMENTR INFORMATION Parks & Recreation Commission Meeting Minutes of February 3 and March 2, 2000. City Council Action Agendas of February 23 and March 1, 2000. Committee Members Hett and Buffington appointment letters. Updated Beautification Committee Membership List ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE KENAI COUNCIL CHAMBERS MARCH 14, :2000 5:30 P.M. VICE CHAIR DOROTHY JUNG, PRESIDING ITEM 1- CALL TO ORDER/h ROLL CALL Vice Chair Jung called the meeting to order at 5'35 p.m. The roll was taken as follows: Members Present: Members Absent: Non-Voting Members Present: Non-Voting Members Absent: Brown, Rogers, Jung, Hansen, Buffington. Hett, Dimmick Overturf Benedict Others Present: Councilwoman Swarner, Parks & Recreation Director Frates, Library Director Jankowska, Contract Secretary Kellerby ITEM 2' AGENDA APPROVAL MOTION: Member Brown MOVED to approve the agenda'as presented and Member Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUT~ -- February 8, 2000 MOTION: Member Brown MOVED to approve the minutes of the February 8, 2000 meeting and Member Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Eva Jankowska - Kenai Library Director Jankowska asked the Committee if they would be interested in designing and planting some Alaskan native plants in front of the library. She suggested they be labeled so that folks could learn about Alaskan plants. She noted the library had many books on native plants as well. There was discussion on what kinds of plants to plant and where to get them. MOTION: Member Brown MOVED to approve the Committee planting some kind of native plants and shrubs around the front of the library and the library staff would be responsible for watering them and Member Rogers SECONDED the motion. There were no objections. SO ORDERED. OLD BUSINESS Discussion - Yard-of-the-Week Program It was reported Member Dimmick was working on a sign for moving from yard to yard and the sign needed to fit in with the City sign ordinance. Councilwoman Swarner reported she talked with Laurie Evans at the Peninsula Clarion and was told the paper would print pictures of the chosen yards if the Committee supplied the pictures and bylines. It was suggested the Recreation Center be the clearinghouse for all entries and would take the pictures and write the bylines. It was agreed to begin the program May 1. There were examples of entry forms passed out and discussed. Discussion - Year 2000 Beautification Theme MOTION: Member Rogers MOVED to approve the Year 2000 Beautification theme be "Summer of Lilies" and Member Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM NEW BUSINESS DisCussion - Volunteer T-shirts Member Rogers referred to the information included in the packet indicating volunteer T-shirts used by a beautification program in another state. She agreed to research costs for short-sleeved t-shirts, sweatshirts and long-sleeved from shops in the community and types of logos that could be used. Member Brown also gave an update on the summer banners, noting a worksite was made available at the Economic Development District building and folks were encouraged to come help with the project. ITEM 7: REPORTS Committee Chair - No report. 7-b. Parks and Recreation Director -- · Director Frates welcomed Judy Buffmgton as a new member to the Committee. · Frates reported Pat Porter and Tim Wisniewski had adopted and would be fully responsible for the two circle planters near Dan's TV; MAPCO would be taking care of the flower boxes in front of their store; and the Boys & Girls Club would take care of the two circle planters in front of their facility. BEAUTIFICATION COMMITTEE MEETING MINUTES MARCH 14, 2000 PAGE 2 · Frates reported Norma Holmgaard, the Title 1 Tutor for the School District was developing a "21st Century Grant" [similar to the Job Training Program (JTPA)] which would place students in the work force. He suggested several of those students might be available to help in the Parks & Recreation summer efforts. He explained, the grant would pay them and the City would provide job supervision and guidance. · The next meeting's speaker would be KCHS Cheerleading Coach Jennifer Rosen, who would be discussing the cheerleaders doing some volunteer work on the flower beds. * Discussion also took place regarding the plastic identification markers shown in Item 6-a. in the packet. 7-c. City Council Liaison - Councilwoman Swamer reported a joint work session with the Planning & Zoning Commission would be held prior to the council meeting on March 15 to discuss the proposed livestock ordinance. She also reported, the council would begin reviewing the FY 2001 budget in April. ITEM 8' OUESTIONS AND COMMENTS -- None. ITEM 9' INFORMATION-- None. ITEM 10: ADJOURNMENT The meeting was adjourned at 6'35 p.m. Minutes transcribed and prepared by: Susan Kellerby, Contract Secretary BEAUTIFICATION COMMITTEE MEETING MINUTES MARCH 14, 2000 PAGE 3 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MARCH 15, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us 5:00-7:00 P.M. -- JOINT WORK SESSION/PLANNING ~k ZONING COMMISSION ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call ' 3. Agenda Approval 4. Consent Agenda *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 (10 minutes) , John J. Williams -- Alaska Natural Gas Pipeline/Promoting a Route That Serves Alaska. ITEM C' PUBLIC HEARINGS . Resolution No. 2000-8 -- Transferring $3,500 From Contingency to Operating and Repair Supplies in the Airport Terminal Enterprise Fund. . Resolution No. 2000-9 -- Authorizing the City Manager to Sign the DOT/PF Utility Agreement on the Forest Drive and Redoubt Avenue Rehabilitation Project. . Resolution No. 2000-10 -- Supporting the Alaska North Slope Natural Gas Pipeline with a Terminus on Cook Inlet. , Resolution No. 2000-11 -- Transferring $3,000 in the Senior Citizen Borough Special Revenue Fund for Telephone System Replacement. . *Liquor License Application Renewals Uptown Motel/Louie's -- Uptown Motel/Back Door -- Little Ski Mo Drive Inn-- Kenai Country Liquor-- Beverage Dispensary Beverage Dispensary Restaurant / Eating Package -1- ITEM D: COMMISSION/COMMI~EE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES , *Regular Meeting of March 1, 2000. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: ,,, NEW BUSINESS , Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council ~CUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -2- KENAI CITY COUNCIL- REGULAR MEETING MARCH 15, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~://www, ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING 6:00-7:00 P.M. -- JOINT WORK SESSION/PLANNING/h ZONING COMMISSION ITEM A: CALL TO ORDER Mayor Wi!l/ams called the meeting to order at approximately 7' 12 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Williams, Bookey and Swamer. Present were' Moore, Porter, Bannock, Frazer, A-3. AGENDA APPROVAL Mayor Williams reported he had no changes to the regular or consent agendas. Councilman Bookey requested Item D-Tc be moved to Item B-2. There were no objections to the amendment to the regular agenda or to the consent agenda. Williams stated both the regular agenda and consent agenda would stand as indicated. CONSENT AGENDA-- See A-3. ITEM B: SCHEDULED PUBLIC COMMRNTS B-Xo John J. Williams -- Alaska Natural Gas Pipeline/Promoting a Route That Serves Alaska. Williams presented an electronic program promoting a Cook Inlet terminus for the Alaska Natural Gas Pipeline. In the program, it was noted 70% of potential natural gas consumers reside on the proposed Cook Inlet route, a Cook Inlet terminus would protect existing Alaskan jobs and industries and would encourage new business and industrial growth to the Cook Inlet area, increasing the tax base and build a healthy economy. It was also noted, the Cook Inlet was wide and safe for transporting the product and there was room for industry facilities, storage, housing and support industries along the Cook Inlet route. D-7c. Kenai Visitors/l~ Convention Bureau Board KENAI CITY COUNCIL ME~ING MINUTES MARCH 15, 2000 PAGE 2 KVCC Director Kathy Tarr gave an update of activities of the Center as follows: · Writers' Night was very successful with 260 submissions and over $400 raised to be split between the Center and co-sponsor, The Friends of the Library. The "Get to Know Kenai" presentation will be held on April 7 at Center, beginning at 9'00 a.m. Mayor Williams will offer opening remarks and presentations are to be made by Parks Director Frates and Historic District Board Member Huhndorf. · A grand opening reception for the "Alaska 2000: A Celebration of Wildlife Art" show is planned for May 5. Tarr requested a sponsorship donation of $500 from council to aid covering the costs of the reception. Bookey stated he had been involved in the planning of the show and was impressed with the Center's involvement and added, the art show would be quite an honor for Kenai and should draw many visitors to the city. MOTION: Councilman Bookey MOVED for council to donate $500 for the reception and Councilwoman Swarner SECONDED the motion. There were no objections. ORDERED. ITEM C: PI~LIC HEARINGS C-1o Resolution No. 2000-8 -- Transferring $3,500 From Contingency to Operating and Repair Supplies in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Swamer MOVED to approve Resolution No. 2000-8 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2000-9 -- Authorizing the City Manager to Sign the DOT/PF Utility Agreement on the Forest Drive and Redoubt Avenue Rehabilitation Project. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2000-9 and Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 2000 PAGE 3 There were no public comments. City Manager Ross noted council had discussed the crossings and project during past meetings. Komelis noted the project was to go to bid in a week with the opening at the end of April. Also, the design concerns regarding storm water runoff had been resolved. VOTE: There were no objections. SO ORDERED. C-3. Resolution No. 2000-10 -- Supporting the Alaska North Slope Natural Gas Pipel~e with a Terminus on Cook Inlet. MOTION: Councilman Moore MOVED for approval of Resolution No. 2000-10 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4. Resolution No. 2000-11 -- Transferring $3,000 in the Senior Citizen Borough Special Revenue Fund for Telephone System Replacement. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2000-11 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Liquor License Application Renewals Uptown Motel/Louie's -- Uptown Motel/Back Door -- Little Ski Mo Drive Inn-- Kenai Country Liquor-- Beverage Dispensary Beverage Dispensary Restaurant/Eating Package Approved by consent agenda. KEN~ CITY COUNCIL MEETING MINUTES MARCH 15, 2000 PAGE 4 ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Porter reported a meeting was held on Monday, March 13 at which the biggest concern discussed was the need for an assisted living facility in the area. The Council on Aging will be contacting other senior centers to gather support for the development of a facility. D-2. Airport Commission -- Councilman Bookey reported he attended the meetin§ for Councilwoman Swarner. The meetin§ included discussion re§ardin§ a Foreign Trade Zone and the affect one would have on the airport, etc. A carpet committee report was also heard and their next meetin§ was scheduled for March 28. Councilwoman Swarner reported, at the last meeting of the carpet committee they discussed preferences of flooring with the present janitor, who suggested tile ~ throughout the terminal as it would be much easier to clean. She noted, the installation of heaters in the entry ways will help in containing dirt, snow, etc. which is carried in on boots and shoes. Also discussed were different types of cleaning systems. The committee would like comments from the council. D-3. Harbor Commission -- Bookey reported the Commission met on March 6 and the meeting minutes were included in the packet. He noted, Mayor Williams also attended the meeting and he and the Commission discussed the possibility of developing a marine fire training program through the AARF facility. Williams; reported he would again discuss the possibility with the Coast Guard Commander while in Juneau. D-4. Library Commission -- Councilman Moore reported the Commission met on Tuesday, March 7 and the meeting minutes were included in the packet. He noted, a representative from HEA attended the meeting and discussed fiber optic capabilities and presence on the Peninsula. They learned fiber optics were not available for the Library at this time. D-5. Parks/is Recreation Commission -- Councilman Frazer reported the March 2' meeting minutes were included in the packet. He noted, a presentation was made by Ryan Green to improve the Bernie Huss Fitness Trail. Frazer also reported the new cemetery sign was completed and would be installed in May. D-6. Planning/h Zoning Commission -- Councilman Bannock reported the meeting minutes of the February 23 and March 8 meetin§s were included in the packet. It was also reported the Commission amended the balloon sign ordinance and passed the resolution recommending changes to Titles 4 and 14. A work session was held after the meeting to discuss the livestock ordinance. V-7o Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 2000 PAGE 5 D-Ta. Beautification Committee ' Swamer reported the Committee met on March 14 and chose the theme "Summer of Lilies" for this year. She also noted, the street banner project was continuing at the EDD building a.nd an orientation for volunteers would be set at the next meeting. D-'Fo. Historic District Board -- Moore reported the next meeting was scheduled for April 17. D-7c. Kenai Visitors/h Convention Bureau Board-- An update of activities was made by Director Tarr after Item B-1. Bookey noted the December 16 meeting minutes were included in the packet. D-7d. Alaska Municipal League Report -- Williams reported he and Swarner would be attending AML/ACOM meetings in Juneau, March 22-24. He noted he would be attending a banquet in Anchorage honoring Senator Ted Stevens as Alaska's Man of the Century. ITEM E: MINUTES Regular Meeting of March 1, 2000 -- Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: l~lEW BUS~S H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. I'I-2 o Purchase Orders Exceeding $2,500 Williams noted a purchase order to D&L Construction for tree topping and removal in regard to the airport had been distributed and requested it be added to the approval of purchase orders exceeding $2,500. MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 including the purchase order to D&L Construction in the amount of $5,000 for tree topping and removal at the airport. Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 2000 PAGE 6 Discussion followed regarding the purchase order for tree topping. Airport Manager Cronkhite reported the trees would be topped on city properties in the approaches as required by the FAA and noted this was a different project than the beetle-killed tree removal. Cronkhite noted, the work was bid and the trees would be topped and not clear-cut as the trees act as a sound barrier around the airport. It was noted, similar work was done in the past. Approximately 15 feet of the trees would be removed and the slash would be hauled. VOTE: There were no objections. SO ORDE~D. ITEM I: ADMINISTRATION REPORTS I-1. Mayor-- Williams reported the following: · The design of the new health center had been agreed upon since the letter included in the packet was written. · He received a certificate of appreciation for the city's participation in the "Cutting Edge 2000" exercise. · Referring to the letter of request included in the packet, Williams requested council's approval of a $300 donation (approved in budget) to the Kenai River Festival. MOTION: Councilman Moore MOVED to donate $300 to the Kenai River Festival and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. · Referring to the letter of request included in the packet, Williams requested council's approval of a $300 donation (approved in budget) to the Kenai Alternative High School for their 2000 graduation. There were no objections to the donation. · The Mission Control equipment had been received for the Challenger Learning Center. He noted, the Alaska Challenger facility, in a partnership with the Wheeling, WV Challenger Facility, will be the distant learning facility for areas west of the Rockies and the Wheeling facility will be the distant learning facility for areas east of the Rockies. Also, the Alaska Challenger Center will be named "The Senator Ted Stevens and Kathryn Stevens Science Center." The grand opening is planned for July. · Questioned the sample letter forwarded to users of the airport regarding the increase in landing fees. Ross explained the city's fees were lower than other airports in the state and administration thought it would be better to change the rates to be comparable to other airports. The fees will still be below those of other airports and no negative responses had been received from the carriers. · Noted the letter included in the packet from the DOT Commissioner which informed the city that due to reductions in their budget, DOT would no longer KENAI CITY COUNCIL ME~ING MINUTES MARCH 15, 2000 PAGE 7 contribute half of the local match traditionally provided toward FAA capital projects for the Kenai Airport. I-2. City Manager -- Ross reported the following: · After Administration reviewed the Borough draft animal control contract and comments were received, Mayor Bagley was told of the city's concerns and objections. Since then, the City of Soldoma rejected the draft contract and because all the Borough municipalities would have to agree to the contract to make it work, the point was moot unless the Borough wanted to pursue the contract further. · Unless there were objections from council, an ordinance with the proposed amendments to Titles 4 and 14, less the livestock ordinance, would be brought to council for introduction at their first April meeting. There were no comments or objections from council. · City representatives involved in the development of the city's Foreign Trade Zone packet met with the Borough's consultant. Some modifications would be made to the city's packet from comments rendered at that meeting. A meeting will be held in Kodiak with a former chair of the Foreign Trade Zone Commission and representatives from present Alaska trade zones to discuss problems, potentials, etc. The Airport Manager and the Planning & Zoning Administrative Assistant will attend the meeting in April. Attorney-- No report. I-4o City Clerk-- No report. Finance Director-- No report. Public Works Managers Komelis -- No comments. La Shot-- Reported the health center design committee met and agreed on a single story building design. He anticipated the project would go to bid in May. I-7. Airport Manager -- Cronkhite reported Congress had passed the U.S. Aviation bill which provides FAA funding for airport projects. She noted, funding looked very good for the State of Alaska, although with the State DOT no longer funding a portion of the local match, the city would have to provide the entire 6.25% of cost on its projects. ITEM J' DISCUSSION J-X. Citizens -- No comments. Council Bookey-- No comments. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 2000 PAGE 8 Swarner -- Reported seeds were being planted at the city greenhouse and help would be welcomed. She also noted she was unable to connect with the city's website while on vacation in Mexico. Attorney Graves noted he would inform the contractor who was developing the city's new webpage design. Moore -- Stated the work done in removing beetle-killed trees from Section 36 looked very good. He asked when the work would begin in Inlet Woods. Fire Chief Elson reported the work would begin in Inlet Woods in the next few days. Burning of slash will be monitored and restricted as spring weather progresses. P~rter -- Suggested a greeting from the mayor be included on the new webpage design. B~nnock -- Noted the first school missions to be run at the Challenger Center were only 25 days away. He encouraged the public to take a tour through the facility. Frazer -- Reported he would be absent for the April 5 meeting. ~{_ll_,_'ams -- Referred to information forwarded to council from a gentleman asking council to forward a resolution for consideration in regard to oil royalties. Council took no action. Williams also reported the Economic Development District was again advertising for applicants in regard to .its director position. He noted, in addition to newspaper ads, they were also working through an executive-search company, dames Elson was continuing on as interim director through their budget process. ~CUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 9'06 p:m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk 0 z :::) 0 0 g 03 Z Z LU 0 :~ 0 0 0 0 0 0 0 0 0 z w o o o (:3 w O [3 Z w w ~ z <C r.j n,,' n," 03 Z I- - w w O 0 n -J U. U. LU ,~ ~0 ~ W W n~ r~ ~ (/) E3 O 0 :3 ~ I-. ..j 0 r,,} r,.) z 0 0 -- w n,' n," n," n," 0 n," Z 0 <C n," n," ~.. u_ 0 z 0 ' 0 ~ w < F- w ~ w ~ w n,,' r.j n,,' '-i n," I.U 0 :~ i..U < · ::3 ~ (-) Z 0 J < W i-: -r m _(2 z o ~' Z uJ Z o 0 n," ::::) 0 · z 0 z 0 z i i o o§ z z 0 LLI Z Z Z Z _J _J z z (.3 z 5 0 0 0 0 i o§ z 0 LU Z Z Z >- u.I I-. z I&l Suggested by: Administrat,,,,, City of Kenai ORDINANCE NO. 1854-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $75,000 IN THE GENERAL FUND FOR TRANSFER TO THE BOATING FACILITY FUND. WHEREAS, the Boating Facility Fund is estimated to have a negative cash balance of $75,000 at June 30, 2000; and WHEREAS, the Boating Facility Fund has no prospects for generating sufficient cash to eliminate this shortfall; and WHEREAS, to continue operating, the Boating Facility Fund needs to receive a subsidy from the General Fund; and WHEREAS, there are sufficient funds available in the fund balance of the General Fund. 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 $75,000 Increase Appropriations' Non-Departmental - Transfers $75,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (3 / 9.S / 2000) ka Introduced: Adopted: Effective: April 5, 2000 April 19, 2000 April 19, 2000 Suggested by: Administration City of Kenai ORDINANCE NO. 1855-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASIC~ INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $90,000 IN .THE GENERAL FUND AND FAA HQ SITE CLEANUP CAPITAL PROJECT FUND FOR ENVIRONMENTAL SITE ASSESSMENT AND UNDERGROUND STORAGE TANK CLOSURE. WHEREAS, the City desires to develop the property known as Daubenspeck Property Tract C and Spur Subdivision Senior Citizen Addition Unsubdivided Remainder (also known as the FAA Headquarters Site); and WHEREAS, prior to development, the City must conduct an environmental assessment, remove an underground storage tank and quonset huts; and WHEREAS, funds for the project are available in the General Fund fund balance; and "WHEREAS, this work is expected to cost $90,000; and WHE~AS, after the work is completed, the Airport Special Revenue Fund will reimburse the General Fund for the costs of this work attributable to Airport owned land; and WHEREAS, the City will seek recovery of these funds from the FAA. 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 $90,000 Increase Appropriations' Non Departmental - Transfers $90,000 FAA HQ Site Cleanup Capital Proiect Fund Increase Estimated Revenues: Transfer from General Fund Increase Appropriations: Professional Services $90,000 $90,000 Ordinance No. 1855-2000 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance:~ (3 / 29 / 2000) ~ Introduced: Adopted: Effective' April 5, 2000 April 19, 2000 April 19, 2000 Suggested by: Administrati CITY OF KENAI ORDINANCE NO. 1856-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCLUDING THE OFFENSE OF NEGLIGENT DRIVING IN THE CITY'S TRAFFIC CODE CONTAINED IN KMC 13.20. WHEREAS, in KMC 13.30.010 the City of Kenai incorporated by reference the State of Alaska's traffic regulations (Title 13 of the Alaska Administrative Code); and WHEREAS, the offense of negligent driving is not included in Title 13 of the Alaska Administrative Code, being contained instead in AS 28.35.045; and WHEREAS, the offense of negligent driving is therefore a violation of the state traffic code but not the City of Kenai's traffic code; and WHEREAS, including the offense of negligent driving in the City's traffic code would allow the City Attorney to prosecute such violations; and WHEREAS, allowing the City Attorney to prosecute such violations would provide better support to the Kenai Police Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following changes are made to KMC 13.30.010: 13.30.010 State traffic regulations adopted. There is hereby incorporated by reference into this Code, except as otherwise provided by this chapter, Title 13 of the Alaska Administrative Code and AS 28.35.045 (negligent driving) to the extent that such provisions are in effect on or following the date of this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, ,2000. this day of ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: April 5, 2000 April 19, 2000 May 19, 2000 (3/28/00 sp) Suggested by: Administra .... CITY OF KENAI ORDINANCE NO. 1857-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING VARIOUS SECTIONS OF TITLE 13 OF THE KEN~ MUNICIPAL CODE. Whereas, various sections in Title 13 of the Kenai Municipal Code duplicate offenses contained in state statutes; Whereas, the Kenai Police Department may use the state statutes to charge people for those violations and misdemeanors; Whereas, it is not necessary to duplicate those offenses in the city code; Whereas, it is more cost efficient for the city police department to cite those offenses under the state statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Kenai, ALASKA, that the following sections of the Kenai Municipal Code are repealed or amended: 8~ION I KMC 13.10.010 is repealed in part: 13.10.010 Miscellaneous offenses. (a) It shall be unlawful for any person to: [(1) ENGAGE FOR HIRE OR GAIN IN THE PRACTICE OR OCCUPATION OF FORTUNE TELLING, MIND READING, CHARACTER READING, OR PHRENOLOGY, OR TO ACCEPT A GIFT IN CONNECTION THEREWITH; (2) SELL CIGARETTES OR TOBACCO IN ANY FORM TO CHILDREN UNDER EIGHTEEN (18) YEARS; (3) KNOWINGLY PERFORM ANY ACT OF SEXUAL INTERCOURSE, FELLATIO, OR ORAL COPULATION WITH ANOTHER, OR ANY ACT OF BESTIALITY IN ANY STREET, ALLEY, PARK, OR OTHER PUBLIC PLACE; [4] 1. Solicit or seek the aid of a person for the purpose of committing or assisting to commit any unlawful act; (5) WILLFULLY EXPOSE OR EXHIBIT HIS OR HER GENITAL ORGANS IN ANY PUBLIC PLACE OR ON THE PRIVATE PREMISES OF ANOTHER, OR SO NEAR THERETO AS TO BE SEEN FROM SUCH PRIVATE PREMISES OF ANOTHER, OR SO NEAR THERETO AS TO BE SEEN FROM SUCH PRIVATE PREMISES; PROVIDED, HOWEVER, THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE EXPOSURE OF SUCH ORGANS OR THE. PERSON IN ANY PLACE PROVIDED OR SET APART FOR SUCH PURPOSE; (6) KNOWINGLY EXHIBIT OR DISPLAY IN A PUBLIC PLACE ANY PICTURE, PHOTOGRAPH, PAINTING, PRINT, IMAGE, STATUARY, OR Ordinance No. 1857-2000 Page 2 of 5 CAST DEPICTING ACTS OF HUMAN SEXUAL INTERCOURSE, FELLATIO, ORAL COPULATION, OR BESTIALITY; (7) ENGAGE IN WINDOW PEEKING; [8] 2. Beg in any street, alley, place of business, or other public place. ~ECTION II KMC 13.10.040 is repealed. [ 13.10.040 GAMBLING.] [(a) GAMBLING AS USED IN THIS SECTION MEANS AN AGREEMENT BETWEEN TWO OR MORE PERSONS TO RISK THEIR MONEY OR PROPERTY IN A CONTEST OR CHANCE OF ANY KIND WHERE ONE MAY BE THE GAINER AND THE OTHER THE LOSER. EXCEPTED FROM THIS DEFINITION ARE BINGO, RAFFLES, ICE POOLS, AND RELATED ACTIVITIES OF A BONA FIDE NON-PROFIT NATURE UNDER A VALID AND EXISTING PERMIT ISSUED PURSUANT TO LAW BY THE DEPARTMENT OF REVENUE, STATE OF ALASKA. THE BURDEN OF PROVING THAT THE ACT COMPLAINED OF FALLS WITHIN THE EXCEPTION NOTED IN THIS PARAG~PH SHALL BE UPON THE PERSON CHARGED. {b) NO PERSON SHALL ATTEND, FREQUENT, OR INVITE ANOTHER TO ATTEND OR FREQUENT ANY PLACE WHERE GAMBLING IS PERMITTED OR ANY PLACE OPERATED OR OCCUPIED AS A COMMON GAMBLING HOUSE OR ROOM.] SECTION III KMC 13.15.010 is amended by changing the title and repealing Section (b). 13.15.010 Discharge of firearms [OR SALE OF KNIFE]. It shall be unlawful for any person to: (a) Discharge a firearm within the City Limits not specifically designated by Council resolution as being a proper place for the discharge of firearms. It shall be unlawful for any person to discharge a firearm in any place within the City Limits other than in an area specifically designated as provided in this section. Said resolutions are appended to this chapter, marked Appendixes I and II, and are incorporated herewith. [(b) SELL, OFFER FOR SALE, OR DISPLAY ANY DIRK, KNIFE, OR KNIVES HAVING THE APPEARANCE OF A POCKET KNIFE, THE BLADE OR BLADES OF WHICH CAN BE OPENED BY MANIPULATING A BUTTON OR EXERTING PRESSU~ ON THE HANDLE OR BY OTHER MECHANICAL DEVICES. SUCH DIRK OR KNIFE IS HEREBY DECLARED TO BE A DANGEROUS OR DEADLY WEAPON.] Ordinance No. 1857-2000 Page 3 of 5 SECTION IV KMC 13.15.020 is repealed. [13.15.020 UNLAWFUL ASSEMBLY PROHIBITED.] [IT IS UNLAWFUL FOR TWO OR MORE PERSONS TO ASSEMBLE TOGETHER OR, BEING ASSEMBLED TOGETHER, TO ACT IN CONCERT TO DO ANY UNLAWFUL ACT AGAINST THE PEACE, OR TO THE TERROR OF OTHERS, OR TO MAKE ANY MOVEMENT THERETO OR ANY PREPA~TION THEREFOR, OR OTHERWISE TO ASSEMBLE TOGETHER UNLAWFULLY OR RIOTOUSLY.] SECTION V KMC 13.20.030 is repealed. [13.20.030 TRESPASS.] JIF ANY PERSON OTHER THAN AN OFFICER ON LAWFUL BUSINESS SHALL GO OR TRESPASS ON ANY LAND OR PREMISES IN THE LAWFUL OCCUPATION OF ANOTHER, AND SHALL FAIL, NEGLECT, OR REFUSE TO DEPART THEREFROM IMMEDIATELY AND REMAIN AWAY UNTIL PERMITTED TO RETURN UPON THE VERBAL, PRINTED, OR WRITTEN NOTICE OF THE OWNER OR PERSON IN THE LAWFUL OCCUPATION OF SAID LANDS OR PREMISES, SUCH TRESPASSER SHALL BE GUILTY OF A MISDEMEANOR.] SECTION VI KMC 13.20.040 is repealed. [ 13.20.040 TRESPASS--NOTICE.] JIF THE OWNER OR PERSON IN LAWFUL OCCUPATION OF LANDS OR PREMISES CAUSES PRINTED OR WRI~EN NOTICES TO BE PLACED ON SAID PREMISES WITH THE NAME OF THE PERSON IN LAWFUL OCCUPATION OF SAID LANDS OR PREMISES ATTACHED BY AUTHORITY, AND REQUI~NG ALL PERSONS TO FOREBEAR TRESPASSING ON SAID LAND OR PREMISES, SUCH NOTICE SHALL BE HELD AND DEEMED TO BE SUFFICIENT PRIMA FACIE EVIDENCE OF NOTICE AS MENTIONED IN THE LAST PRECEDING SECTION.] SECTION VII KMC 13.20.050 is repealed. [13.20.050 STRUCTURES IN STREETS]. Ordinance No. 1857-2000 Page 4 of 5 [ANY PERSON WHO PLACES, ERECTS, OR OCCUPIES WITHIN ANY STREET, ALLEY, PARK, OR OTHER PUBLIC AREA OF THE CITY, ANY HUT, HOVEL, SHANTY, OR OTHER STRUCTURE WHATEVER NOT AUTHORIZED BY PROPER AUTHORITY, IS GUILTY OF A MISDEMEANOR.] SECTION VIII KMC 13.25.010(a), (b) and (c) are repealed. 13.25.010 Miscellaneous offenses. It shall be unlawful for any person to: [(A) IMPERSONATE AN OFFICER OR EMPLOYEE OF THE CITY, OR WITHOUT AUTHORITY TO EXERCISE OR ATTEMPT TO EXERCISE HIS POWER OR DUTIES. (B) RESIST ARREST BY A POLICE OFFICER OR, WHEN IN THE CUSTODY OF AN OFFICER OF THE CITY OR CONFINED IN THE CITY JAIL OR OTHER PRISON, TO ESCAPE OR ATTEMPT TO ESCAPE FROM SUCH CUSTODY, JAIL, OR PRISON. (C) ASSIST OR ABET A PERSON IN CUSTODY OF AN OFFICER OF THE CITY OR ANOTHER PUBLIC OFFICER, OR CONFINED IN THE CITY JAIL OR OTHER PRISON OR INSTITUTION, TO ESCAPE OR GIVE ALCOHOLIC LIQUOR OR, WITHOUT APPROVAL OF THE OFFICER IN CHARGE, ANY OTHER THING TO SUCH PERSON]. [(D)] (a) Interfere with, obstruct, mutilate, mar, conceal, or tear down any official notice, placard, light, or barricade placed by City authority without due permission. SECTION IX KMC 13.25.020(b) is repealed. 13.25.020 Resisting officers. It is unlawful for any person to' (a) Knowingly or willfu~y resist, oppose, or obstruct the Chief of Police, any other policeman, a magistrate, or any other officer or employee of the City in the discharge of his official duties; or [(b) THREATEN OR OTHERWISE TO INTIMIDATE OR ATTEMPT TO INTIMIDATE ANY SUCH OFFICER OR EMPLOYEE IN THE DISCHARGE OF HIS OFFICIAL DUTIES; OR TO ASSAULT, BEAT, REVILE, ABUSE, USE ABUSIVE OR INDECENT LANGUAGE TOWARD OR ABOUT ANY SUCH OFFICER OR EMPLOYEE WHILE SUCH OFFICER OR EMPLOYEE IS IN THE DISCHARGE OF HIS OFFICIAL DUTIES.] SF~TION X KMC 13.25.040 is repealed. Ordinance No. 1857-2000 Page 5 of 5 [ 13.25.040 FALSE FIRE ALARMS.] lIT IS UNLAWFUL FOR ANY PERSON KNOWINGLY TO TURN IN A FALSE FIRE ALARM, OR IN ANY MANNER TO DECEIVE OR ATTEMPT TO DECEIVE THIS FIRE DEPARTMENT OR ANY OFFICER OR EMPLOYEE THEREOF WITH REFE~NCE TO ANY FIRE ALARM OR REPORTED FIRE, OR KNOWINGLY TO CAUSE THE FIRE DEPARTMENT OR ITS OFFICERS OF EMPLOYEES TO MAKE A USELESS RUN.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ,2000. day of ATTEST: John J. WiLliams, Mayor Carol L. Freas, City Clerk (3/27/00 sp) Introduced: Adopted: Effective: April 5, 2000 April 19, 2000 May 19, 2000 Suggested by: Administrati~ CITY OF KENAI ORDINANCE NO. 1858-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.05.010 AND KMC 13.05.020, AND DELETING KMC 13.05.030, TO ELIMINATE MISDEMEANORS FROM THE KENAI MUNICIPAL CODE AND REPLACE THEM WITH VIOLATIONS. Whereas, various sections of the Kenai Municipal Code classify violations of the code as misdemeanors; and Whereas, under Alaska law because misdemeanors involve possible jail time for the defendant, the City must pay for the costs of misdemeanor prosecutions including, any court appointed counsel, jury expenses and jail costs; and Whereas, the costs of prosecution of violations is significantly less because there is no possibility of jail time and therefore the City does not have to pay for court appointed counsel, jury expenses and jail costs; and Whereas, changing misdemeanors to violations will also benefit defendants in that they would be charged with a violation rather than a criminal offense. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following changes be made to Title 13 of the Kenai Municipal Code. SECTION I KMC 13.05.010 is amended as follows: 13.05.010 Penalty. (a) Any person, fn'm, or corporation who shall violate any provision of the Kenai Municipal Code by doing any act prohibited or declared to be unlawful thereby or declared to be an offense, or who shall fail to do any act required by such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense upon conviction of any provision of the Kenai Municipal Code shall be punished as follows: [1. MISDEMEANORS - UP TO A FIVE HUNDRED DOLLAR ($500.00) FINE AND/OR THIRTY {30) DAYS IN JAIL. 2. ATTEMPT TO COMMIT A MISDEMEANOR - UP TO A TWO HUNDRED FIFTY DOLLAR ($250.00) FINE AND/OR FIFTEEN (15) DAYS IN [3] 1. Violations - Up to a five hundred dollar ($500.00) frae. [4] 2. Attempt to Commit a Violation - Up to a two hundred fifty donar ($250.00). (b) Civil penalties as provided for in the Kenai Municipal Code shall be assessed in an amount not to exceed one thousand dollars ($1,000.00.) Ordinance 1858-2000 Page 2 of 3 (c) In addition to any fine or penalty prescribed by law, a defendant convicted of violating a municipal ordinance shall pay the surcharge required under AS 12.55.039 and 29.25.074. SF~TION II KMC 13.05.020 is amended as follows: 13.05.020 Attempts. [(A) EVERY PERSON WHO ATTEMPTS TO COMMIT A MISDEMEANOR, AND IN SUCH ATTEMPT DOES ANY ACT TOWARD THE COMMISSION OF SUCH MISDEMEANOR, BUT FAILS OR IS PREVENTED OR INTERCEFrED IN THE PERPETRATION THEREOF, IS GUILTY OF AN ATTEMPTED MISDEMEANOR AND SHALL BE PUNISHED IN THE MANNER PRESCRIBED IN KMC 13.05.010 FOR ATTEMPTED MISDEMEANORS.] [(b)] a. Every person who attempts to commit a violation, and in such attempt does any act toward the commission of such violation, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an attempted violation and shall be punished in the manner prescribed in KMC 13.05.010 for attempted violations. SECTION III KMC 13.05.030 is repealed. [ 13.05.030 AIDING IN A MISDEMEANOR]. [WHEN NO PUNISHMENT FOR COUNSELING, ABETTING, OR AIDING 1N THE COMMISSION OF A PARTICULAR MISDEMEANOR IS EXP~SSLY PRESCRIBED BY ORDINANCE, EVERY PERSON WHO COUNSELS, ABETS, OR AIDS ANOTHER IN THE COMMISSION OF SUCH IS GUILTY OF A MISDEMEANOR AND PUNISHABLE IN THE SAME MANNER AS THE PRINCIPAL OFFENDER.] SECTION IV In the following sections of the Kenai Municipal Code the word "misdemeanor" is changed to "violation." A. , Code Section Description 1. 02.35.010 Alcoholic beverages 2. 05.05.010 Peddlers 3. 05.05.040 Peddlers 4. 05.30.020 Itinerant merchants 5. 05.'30.230 Health and safety Ordinance 1858-2000 Page 3 of 3 6. 06.05.270 (a) & (b) Elections 7. 11.20.580 Injury to City land 8. 11.20.750 Unauthorized material removal from City land. , 9. 12.20.060 Health and safety 10. 18.05.060 Obstruction of streets, generally 11. 18.05.100 Obstruction of sidewalks 12. 18.05.110 Penalties for obstruction of streets/sidewalks 13. 18.35.030 Illegal camping penalties Code Section Airport Regulations 10.05.020 Penalties Description PASSED BY THE COUNCIL OF THE CITY OF KEN~, ALASKA, this ,2000. day of ATTEST: John d. Williams, Mayor Carol L. Freas, City Clerk (3/27/00 sp) Introduced: Adopted' Effective' ,2000 ,2000 ,2000 Suggested by: Administration City of Kenai ORDINANCE NO. 1859-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $34,000 IN THE WATER AND SEWER SYSTEM SPECIAL REVENUE FUND AND FOREST/REDOUBT W & S CROSSINGS CAPITAL PROdECT FUND. WHEREAS, Ordinance 1841-99 appropriated $140,000 for water and sewer main line crossings of Forest Drive and Redoubt Avenue; and WHEREAS, the project is estimated to cost $174,000; and WHEREAS, funds are available in the fund balance of the Water and Sewer System Special Revenue fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer System Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $34,000 Increase Appropriations: Transfer to Capital Project Fund $34,000 Forest/Redoubt W & S Crossings Capital Project Fund Increase Estimated Revenues: Transfer from Water and Sewer System Special Revenue Fund $34,000 Increase Appropriations' Construction $34,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (3 / 30 / 2000) kl Introduced: Adopted: Effective' April 5, 2000 April 19, 2000 April 19, 2000 16 23 30 April 2000 C1TY COUNCZL, COMALTSSION, COMALTTTEE, BOAI: MEET/N& SCHEi:XJLE 3 4 Special Historic Library Commis- District Bd sion, 7:30p, Meeting, 7p, Ubmry Conf. Council Rm. Chambers lO II Harbor Commis- Beautification sion, 7p, Coun- Committee, cil Chambers 5:30p, Council Chambers 17 Historic Distdct Board, 7p, cil Chambers 18 24 Kenai City Coun- cil Meeting, 7p, Council Chambers 12 Planning & 19 6 Parks & Recre- ation Commis- sion, 7p, Coun- cil Chambers '13 ' Airport Commis- Zoning Commis sion, 7p, Coun- cil Chambers Kenai City Coun- cil, 7pm, Coun- cil Chambers sion, 7p, Coun- cil Chambers 2o 26 Planning & Zoning Commis. sion, 7p, Coun- cil Chambers 27 , L , 14 21 S MTWT F ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 28 29 30 31 S MTWT F~ '-~' ~* 3 4 -~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28293031 I I I 15 22 Tony Know/es, Governor Municipal & Regional Assistance Division P.O. Box 110800, Juneau, AK: 99811-0800 o ! · Telephone: (907) 465-4750 Fa,x: (907)465-5085 Text Telephone: (907) 4~5-54:~.~,~.,,'.,,.i':.;:.,? i ¥ i;:,: ~".~ .. ~..;.~..,-~" Email: mrad@dced.state.ak.us Website: www. dced.state.ak.us/mra/Home.l'ttm March 17, 2000 .; ~"~'.':i'~TZ'"~:. ~.'"'~'~J' ~----- ' ..-2..' CERTIFIED/RETURN RECEIPT REQUESTED The Honorable John Williams, Mayor City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams: RE: FY 01 STATE REVENUE SHARING PROGRAM - DATA ELEMENTS The Municipal and Regional Assistance Division has received your city's FY 01 state revenue sharing application. We have determined that the City of Kenai is eligible' for funding. Enclosed is a report showing the data elements which will be used to calculate your FY 01 payment. Please note that the Locally Generated Revenue element may change after our review of your municipality's audit or certified financial statement. Please carefully examine the accuracy of these data elements. You may appeal to the Commissioner, in writing, any of these data elements, except for population and full and true property value determinations. The deadline for appealing those data elements has passed. An appeal must include supporting evidence and be postmarked within 30 days of receipt of this letter. Your city's payment under the FY 01 State Revenue Sharing Program Will be ~ssued July 3 i, 2000, provided all program requirements have been met. If you have any questions, please call Bill Rolfzen, Program Administrator, at 907-465-4733. Sincerely, PD~trreicCtkorP°' Enclosure: FY 01 State Revenue Sharing Data Elements "Promoting a healthy economy and strong communities" FY01 Municipal State Revenue Sharing Data Elements City of Kenai Tax Equalization Elements Locally Generated Revenues Full and True Assessed Value Millage Rate Equivalent Population Location Adjustment Prior-Year Adjustment $6,479,029 $424,575,770 15.2601 7,005 1.0764 $0 Municipal Services Elements Large Hospitals 0 Small Hospitals 0 Hospital Beds 0 Health Facilities 3 Health Facility Beds 63 Public Road Miles 62.26 Ice Road Miles 0.00 Prior-Year Adjustment $0 INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 5, 2000 o e , 2/2000 Kenai Fire Department Consolidated Monthly Report. 2000 Lease Renegotiations. 3/2000 Resource Development Council, Inc., Resource Review. CLASSIFICATION OF Al,ARMS Month' February 2000 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT nREs i TH~S I LAST i TH~S MON- I LAST YEAR I TH~S YEARI MONTH MONTH LAST YEAR TO DATE TO DATE A'ir'port 'Structural Out BUildings Brush or Grass Forest Dumpsters Vehicles 0 0 0 0 0 0 1 0 0 Hazardous Materials Alarm Malfunction Good Intent Rescue Asst. Mt,' ual/Auto Aid Miscellaneous i 0 2 4 1 I 8 15 5 19 10 2 4 5 8 ITOTAL FIRE ALARMS EMERGENCY' MEDICAL Medical Rescue Routine Transport Good Intent Mutual Aid I'rOTAL EMS ALARMS i'ro I'AL ALARMS DOLLAR LOSS BUildings Mobile Home VehiCle Motor Vessel 38 42 100 .55 0 i I 0 14 3 6 15 0 0 0 0 0 0 0 0 17 0 1 sz! 4e! ' io7I 70 1 $0 $i0,000 $o $o $5oo $o $o $o $5,100 $o $1,100 $o $5,750 $o $4,600 $o $10,000 $o $500 $o FIRE LOSS I L°ss Of Life (In Fire) injuries In Fires $5OO I , $10,0OO ! I 0 0 0 0 $~,z°O I Szo, s5o I, $z°,5°° 1 0 0 0 0 -1- KENAI FIRE DEPARTMENT CONSOLIDATED MONT':~LY REPORT CAUSES OF FIRES Month' February 2000 THIS MONTH NUM. LAST YEAR ' THIS YEAR TO DATE TO DATE !EST. LOSS NUM. i EST. LQSS IIn Buildings & Mobile Homes ' I Chimneys, Soot, Flues 0 $5,000.00 0 $0.00 , , Sparks 0 0 $0.00 0 $0.00 Defective Heaters 0 0 $0.00 0 $0.00 , i Combustibles Near Heaters 0 i $100.00 0 $0.00 , Open Lights, Flames 0 0 $0.00 0 $0.00 Hot Ashes 0 i $500.00 0 $0.00 Oil burners/Furnaces 0 0 $0.00 0 $0.00 Careless Smoking 0 0 $0.00 0 . $O.00 Children With Matches :: 0 0 $0.00 0 $0.00 Careless Use Of Matches .' 0 0 $0.00 0 $0.00 , , Defective Electrical Wiring 0 0 $0.00 0 $0.O0 ,, , Appliances& Motors/Eiec. .. . 0 0 $0.00 0 $0.00 Flammable liquids 0 0 $0.00 0 $0.00 Cooking Appliances 0 2 $150.00 0 $0.00 .... Rekindle 0 0 $0.00 0 $0.00 , Spontaneous Ignition 0 0 $0.00 0 $0.00 , Fireworks 0 0 $0.00 0 $0.00 Tools (Cutting, Welding) 0 0 $0.00 0 $0.00 ,,, , , , Incendiary 0 0 $0.00 I $1 O, 000. O0 , Misc. Known Causes 0 0 $0.00 0 $0.O0 ,, Suspicious 0 0 $0.00 0 $0.00 ....... , ,, Unknown 0 0 $0.00 0 $0.00 Total Building Fires 0 5 $5,750.00 I $10,000.O0 -2- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CALLS BY DAY OF WEEK Montl~: February 2000 SUN. MON. 5 2 .~ · CALLS BY TIME OF DAY Month: February 2000 TUES. WED. THURS. FRI. SAT. TOTAL 36 0000 0100 0200 0300 0400 0500 0600 0700 1 1 1 0 1 0 0 1 0800 0900 1000 1100 1200 1300 1400 1500 2 I I I i 3 2 2 1600 1700 1800 1900 2000 2100 2200 2300 4 0 2 3 i 5 I 2 TOTAL CALLS 36 -3- OCCUPANCY TYPE Monti~' February 2000 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT THiS YEAR TO DATE INSP. I FIRES ! SLOSS LAST yEAR TO DATE INSP. IF,RES! $ LOSS vernment State Government ~rai Government Schools Pre-Schools Churchs musemen on 0 0 0 0 0 0 $0.00 $o.oo $o.oo $o.oo $o.oo i $o,oo $o.oo 0 0 0 0 1 0 0 0 0 0 0 0 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $0.00' rtments/Multi Dwellin's Dwellin's Four Plex's OITleS 0 0 $0.00 0 0 I $0.00 o' o' $o.oo o o J $o.oo o o $o.oo o 1 $o.00 ' 0 I $10,000.00 0 , 3 $5,650.00 1 0 ~ $0.00 1 0 $0.00 0 - 0 ' $0.00 0 0 $0.00 0 0 $0.00 ', 0 0 $0.00 In Small Retail Stores Restaurant/Bars le Mercantile 'e Warehouses Malls es 4 1 0 2 0 0 0 0 0 O $0.00 $o.oo $o.oo $o.oo $o.oo ' $o.oo $o.00 in Metal Fabrication Misc. Manufacture _umber Yards Filling Stations Repair Garages 0 0 0 0 1 ol $0.00 $o.oo $o.oo $o.oo $o.oo $o.°oi $0.00 Aircraft Han6ers HI:.AV'¥ INUU3 1 NIAL 7 4 1 0 i 0 0 6 4 1 $1 oo.o0 $o.oo $o.oo $o.oo ' $o.oo $o,oo $0.0o $o.o0 $o.oo '$o.oo $o.oo $o.oo $o.oo $0.00 Chemical WorkS Petroleium Plants Wharf Properties Fish Processin~ Refineries Misc. S~ructures 0 0 0 0 0 0 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo 0 0 0 $0.00 $o.oo $0,oo $o,oo $0,00 $0.00 IlO I-AL~ 24i I 361 51 $5,750:oo! KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT BUREAU OF FIRE PREVENTION Month' February 2000 MONTH MONTH LAST YEAR LAsT YEAR TO DATE THIS YEAR TO DATE es Inspection Letters Inspections Re-Inspections Violations Noted Notice of Violations Issued Violations Corrected Extensions Granted Extensions Denied Plan Reviews Fire Drills Supervised Fire Prevention Classes Total Class Audience Sta ~ion Tours Total Tour Audience Burning Permits Issued Land Clearing Permits Court Actions Instituted Arrest (Resulted From) Convictions Complaints Recieved mplaints Acted On Fire Watches Ordere'~'~'~~ Investigations Accidental Fires Natural Fires Incendiary Fires Undetermined Fires 8 5r-'--'- 5 12 12 21 2 3 0 22 2 7 6 2 4 19 6 13 I I 0 0 0 0 2 I 0 0 0 0 0 0 0 0 0 0 2 0 4 30 0 0 0 4 2 0 I 0 0 0 0 0 0 0 0 0 0 2 2 1 2 2 1 0 0 3 25 36 4 27 13 33 2 0 0 3 52 4 0 3 0 0 0 0 3 3 4 13 24 5 24 8 25 2 0 3 0 0 0 2 30 4 0 0 4 4 0 0 0 1 0 20 4 6 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH' February 2000 i THIS ~LAST ITHISMONTHi LASTyEAR i THiSyEAR i MONTH ...... iMONTH :,. LAST YEAR, TO DATE TO DATE I- t" il'(r. ~ U l~J I:..L~ I, ~, ' " Physical Fitness . 56 48 48 , 99.5 104, Area Familiarization 33 16 20 52 49 Fire Fighter Safety "3 4 5 5 7 Officer Training , 10 I 75 13.5 28 85 ~Pparatus 101 I 87 113.5 219 ' 188 Operating Apparatus 56.5 63.5 ,. 67.5 ' 142 120 Portable Fire Extinguishers 0 0 0.5 9.5 0 ,, Forcible Entry , ' 0 3, 1.5 10 ,3 Ropes & Knots 0 0 0 0 0 Ladders 2 8.5 3 3 10.5 , ,, -H°se Maintenance ' 9' ' 6 12.5 22.5, 15. Hose Lays 9 4 26 ._ 42.5 13 Salvage & Overhaul 8 .8.5 18 26 16.5 Fi restreams 8 6 15 30 14 Hydraulics 4 3 9.5 22' ' Water Supply's 44 33 24.5 61 77 Ventilation 6 2 0.5 1.5 8 Breathing Apparatus 4 10 11 15.5 14 Rescue Operations 20 0 6 , 21 20 Fire prevention/ArSon '6 9 12 31 15 Pre- Fire Planning 8 ' 6 3 19.5 14 Sprinkler Systems 0 0 0 2 0 Fire Tactics & Strategy 16 ' 7.5 6.5 10 23.5. Hazardous Materials '7 0 10.5 19.5 7 Confined Space Entry ' 0 0 0 0 0 Multi - Company Drills 0 0 14 14 '0 ~0rmal Schools 0 0 0 0 0 ~ive Fire Operations 0 " 5.5 ' 8 17.5 5.5..... Total Cl~ss Hours Total F:eld Hours 183 I 172 227.5I 233.5 36 413.5 40 355 883.5 461 ITO-rAL CLA55/I--IbLD J 410.5i 405.5i 449.5I 9z3.5I KENAI FIRE CONSOLIDATED DEPARTMENT MONTHLY REPORT DIVISION OF TRAINING MONTH- February 2000 MONTH MONTH . LAST YEAR TO DATE TO DATE ,! , , Anatomy & Patient Assesment 28.5 ! 23 21 66 51 5 'i:riage '' 3 "' 0 0 ' 2.5 3 , Chest Injuries 0 0 0 1.5 0 Shock & I.V. Therapy 9.5 9 13.5 ' 32.5 18.5 Hemorrhage Control ' 2 1.5 0 4.5 3.5 , Basic Life Support 2 0 11.5 29.5 2 Fractures & Dislocations 6.5 3.5 0 0 10 Head & Neck Injuries 0 4 2.5 11 4 Abdominal & G.enital Sy~(ems 0 " 0 ' 2 3 0 Cardiac/Arrhy/Strokes 7.5 ' 5.5 1.5 7.5 13 Respiratory Systems 8.5 6 3.5 14 i4.5 · A'irway Management. . . 19.5 ' 14 17.5 42 33.5 Childbirth , I I 1.5 1.5 2 Patien;[Handling ': 27 23 22 65 '50 ~) Heat & Cold Injuries 0 0 2 2 0 -, , R'"adiation & Electrical Injuries 0 0 0 0 0 Poison & Allergies 0 0 5 5 ' 0 F;ediatrics ' 0 0.5 0 I 0.5 , , Pharmocology 9.5 4 6 6 13.5 Advanced Life SUpport 1 0 0 0 1 Diabetes 0 0 0 2.5 0 Quality Assurance 12 0 10 i7 ~ 12 Driving 10.5 10 12 32 20.5 M'edicai/Legai Terminolig~( 2 2 '~ 8 8 4 Rules & Responsibilities ':~ ' 11 14 2 2 25 · EMS System & Cp~munications 11 14 0 0 25 Mast Pants .~,~ ~ 0 0 0 0 0 Alcohol & Drug Abuse 4 3 '5 6 7 I~ehavioral Emergencies 2 1' 2 9.5 3 Infectous Disease Control ' 9 15 10 26 24 , Total Class Hours 91.5 68 21 35.5 159.5 To~al Field Hours 64 63 138.5 365' 127 .... .. )j"IO1-AL CLASS/FIELD J 155.5J 131J 159.5 J 400.5J 286.5 J -7- KENAI FIRE DEPARTMENT CONSOLIDATED ~ONTHLY REPORT DIVISION OF TRAINING MONTH' February 2000 TH'IS MONTH LAST MONTH THIS MONTHi LAST YEAR LAST YEAR TO DATE THIS YEAR TO DATE ! Alii- I- ~Ul:ijI-C'l ~ ' ' ' I Airport Familiarization 17 ' 22 ~ 10.5 ! 17.5 ' 39 Aircraft Familiarization ' 4 16 0 O' 20 Fire Fi..gh. ter' Safety 0 8 4 ' 4 8 E'~nergency Communications 4 8 1 ' 3 '12 Hose, Nozzle, Turret Operations 4 10 3 18 14 , , , Agent Applications 0 5 3 13 5 , , , Aircraft Evacuation 4 13 0 0 17 ,, Fire Fighting Operations 0 37 2 14 37 ,, , Structural Adaptation 0 2 2 2 2 , , , C'a rgo Hazards 0 2 0 0 2 , Airport Emergency Plan 0 2 0 0 2 Hazardous Materials 0 3 0 0 3 Alerts I, II, III 4 4 0 2 8 Multi- Company Drills 0 0 0 21 0 , , , Formal Schools 0 40 0 { 0 40 TOtal Class Hours I 11 75 0 0 86 '~otai Field Hours 26 ' 97 25.5 94.5 123 , , II oral filass/[ie!d I 371 1721 25-51 94-BI 2091 -8- 0 ~//~ ~~ ~~/~; ARCO Alaska, Inc. A periodic publication of the Resou! e Dere~nlel~t~[~uncil, Inc. RDC seeks structure, for permits Fees structure would be based on predictability and accountability RDC board members and staff are working hard in Juneau this session to create a state agency permitting fees structure based on predictability and accountability. The vehicle RDC is pinning its hopes on is House Bill 361, sponsored bythe House Finance Committee. Com- "While industry recognizes its responsibility to pay for the services it receives, the issue of allocating program costs between the public and the regulated community remains unresolved." - Bob Stiles, RDC Vice President panion legislation will be introduced in the Senate soon. More than a year ago, RDC formed a work group to study the issue and build industry-wide consensus on legislation designed to deal with state agency permitting fees. Sealaska Corporation had taken an earlier lead on the issue with a draft bill known as the "Permittee Bill of Rights." The concepts articulated in the "Permittee Bill of Rights" served as the starting point for the RDC work group's subsequent discussions. Included in the RDC group were representatives from Sealaska, the Council of Alaska Producers, the Alaska Coal Association, the Alaska Forest Association, the Alaska Oil and Gas Association, the Alaska Miners Association and the Pacific Seafood Processors Association. The group has convened on a regular basis for 13 months to develop a permit fees structure based on predictability and accountability. "While industry recognizes its re- sponsibility to pay for the services it receives, the issue of allocating pro- gram costs between the public and the regulated community remains unre- HB 361 would require resource agencies to establish a schedule of fixed fees for relatively simple and repetitive regulatory activities while directing agencies to enter into negotiations to determine costs of complex or controversial permitting activities. solved," said Bob Stiles, RDC's Senior Vice President and Chairman of the fees group. "RDC applauds the Legis- lature for its past involvement in this issue, and appreciates having had the time to design a well-crafted product." From January through July of last year, the group worked to develop consensus points on state agency permitting fees and to draft legislation based on those consensus points. Throughout the development stage, the fees group worked closely with the Department of Environmental Conservation, as well as the Division of Governmental Coordination, and the Governor's Office. Since July, the group (Continued to page 4) Message' frOm the Executive Director . RDC sets legislative agenda RDC recently ratified this year's legislative matrix- bills which we track, support., or oppose. At the top of the list iS HB 361, legislation which seeks to establish in statute a flexible and uniform framework for the setting and collection of fees charged by Alaska ~'reSource agencies. The goals of the 'legislation are predictability in the level · of,fees charged and accountability on .. the part of an agency charging the fee. · 'Regulatory efficiency and permit .. · .streamlining can be accomplished in .: ~relatively small increments and that is . .. :~_~oU~ Review is' the'official., periodic pUblica- m~;0f!tYiii' FleS'0ur~ D~,VeloPment Cbuncii (RDC), ~Alaska,s largest privately funded nonprofit eco-.| ;~c development organization:wOrking re: de--| I~~ 'Alaska's natural resources in an 10rderly "~anner and' to Create a broad-based, diversified ~:~ecOnOmy while protecting and enhancing t. he envi- I l~EXecuti've committ~ Officers · . i;~ '* ' ' ' t ~'"**~"'*"'"~' *~ ' "~ [~~~Pre. s~dent ... ;:;~::~:.;~.~!=~ri~s joh.n'%, ".1 i,~~ resident ............. ~=,,,~:=~n Bmgham ...~.< ,,~..,. :.~ ,~ .~ ... ...~..=~,~:~-~:~.. **=. ..... ~,.-. +,,- ,,~:..~-~;~,~.,~ .,~.. f!:i~!~ecutiue Director ..... '.~,:~~~ Freemah.' '~" ' !' .....*"'*"~;:~'"' ' ' "' ['.;i~PUty'D~recto ..... .-~.+~.;.,¥'Carl R. P0rtman ~i'~~ce/Membership., ..... ,.~'*SleVen Dougherty ' ~?~al Assistant .......... ~.:~::-:~=.~,~::~Tadd Owens ' ~ ~ is located at 121 W. Rreweed, Sdite 250, Anchor-~ I~:'AK 9~S03, (~07) 278-0700. Fax: 27S*~7. I:~ria!inthis p~lication may berepfinted with0ut i I ~fssi0n" Pr0vided appropriate credit is given, i i'..?~.:~.~"~'.:~,.'.::~.~'~RDC s e-mai address: -:~?~:?.., I~ ;!!~;~'~.';i 'i?~'iii~!~S~Urces @ akrdc.org ' I ""~' .~'~:.!!;RDC s web site address: !! · . Writer & Editor' -: ".i~ '~ ..,.iii ! I Page 2 / RESOURCE REVIEW / March 2000 why initially we are looking solely at a number of programs within DEC as a model to hopefully apply to other resource agencies in the future. RDC is also supporting other measures that would bring efficiencies to state government. We are supportive of HJR 2 which would amendment · Alaska's Constitution to allow for biennial budgeting. Currently state agencies spend considerable time. every year preparing for budget presentations to the Legislature through hearings, debates and closeouts. Switching to a two-year cycle would bring about significant cost savings for the Legislature, Administration and the agencies. We are also supporting SB 175, which proposes changes to the Alaska State Mining Law. This bill makes changes to the methods of locating mining claims and rental payments and proposes other minor changes to bring additional efficiencies to the current process, it also allows forthe expanded use of modern electronic methods to reduce the time and cost for the state to process information. These changes only affect the process of locating mining claims and do not increase or decrease the rights established by claims. These changes simplify the process of staking mining claims and reduces errors during the staking, recording and filing process. The Alaska Railroad wants to improve safety and efficiency of its operations by upgrading and realigning its track between Anchorage and Wasilla. To accomplish this project HB 362/SB235 authorizes the Alaska Railroad to enter into several !and agreements needed for a track upgrade and realignment project. Beyond many of the safety features the upgrade and realignment bring, it would create new jobs through additional freight and passenger service and help to build a better infrastructure to support future .economic development in Alaska. RDC is opposing legislation that would change the state's income tax on the oil and gas industry from an apportionment approach to separate accounting HB 307/SB 214. The present approach of using apportionment assumes profit-making potential is generally uniform worldwide, and hence worldwide profits can be apportioned to Alaska in proportion to how much production, investment and sales are here. The separate accounting approach pretends that all the non- Alaskan portions of a unitary business do not exist and requires arbitrary rules to determine how much income and expense from multi-state activities will be allocated to Alaska. Given much of the uncertainty already facing the oil and gas indust' now is not the time to destabili,_ - Alaska's tax regime and discourage needed investments by making major changes to Alaska's tax structure. Separate accounting will increase vulnerability of state revenues to oil price fluctuations. Moreover, the relative . tax impact from switching to separate accounting will generally be worse per barrel for new fields like Alpine than it will be for mature fields in decline, given new fields will tend to have more "Alaskan" profit per barrel under separate accounting than old fields, although precise effects will vary per field. RDC is supporting resolutions in the House and the Senate opposing President Clinton's proposed roadless policy. The resolutions oppose inclusion of the Tongass and Chugach in the President's final policy and encourage the Governor to take appropriate legal action when necessary. Please don't hesitate to call RD"' on these or other legislative issues interest. You can be assured that RDC will be working hard on these legislative issues to advance responsible resource development efforts in Alaska. Roadless policy has potential to double wilderness Only one-quarter of existing roads passable by two-wheel drive automobiles President Bill Clinton's proposed roadless policy, if fully enacted, will have wide spread implications on all of us who use and enjoy national forests. America's national forests cover approximately 192 million acres. Nearly every state has a national forest. Alaska's Tongass and Chugach are the two largest in the nation. Congress has mandated by law that these forests be managed for multiple uses, including recreation, timber harvesting and mineral extraction. National forests are not national parks where the management emphasis is on preservation, yet the crown jewels of these forests are forever protected under federal Wilderness designations -- 35 million acres which are closed to road construction, utility corridors and other development. President Clinton's proposal would, at a minimum, more than double the number of acres set aside as wilderness from the forests of Maine to California and Alaska -- all without congressional authorization. The policy, which is now on the fast-track to approval by year's end, would block road access to so-called roadless areas. The policy would also close many existing roads. If applied to the Tongass, the new po/icy would supercede the forest's new management plan which has already closed vast areas to development. · The rationale for the policy is that 383,000 acres of roads already exist in national forests. But only one-fourth of these roads are arterial or collector roads that can be used by automobiles. Three-quarters are only pasSable with high-clearance, four-wheel drive vehicles. More than 78,000 miles of these roads already have been closed by the Forest Service. National forest roads were built primarily for recreation and access to natural resources. Many of the roads built for logging have either been closed or maintained for public recreation. Mr. Clinton's roadless policy would dramatically limit access to our forest lands for multiple use activities, including hunting, fishing, camping, sight-seeing, logging, ranching and mining. Older Americans and the disabled who rely on motorized vehicles to reach these areas will be especially hard hit by the policy. The public will only be able to walk into these areas if the President signs the policy. Governor Tony Knowles has met personally with Forest Service Chief Mike Dombeck and other high-level Clinton administration officials to protest the policy's potential application to the Tongass and Chugach. The Governor has called the proposal a "double cross" because it would supercede more than a decade of work and approximately $13 million to develop a new 10-year management plan for the Tongass. That plan closed half of the areas previously available to logging in the forest and addressed roadless areas of the Tongass. The consequences of the President's roadless proposal would be even further reductions in logging and related jobs. What's more, Jim Lyons, a high- ranking undersecretary in the Department of Agriculture, pledged last year that with the implementation of the latest management plan, no more Tongass acreage would be closed to logging. The Governor has stated that unless the Tongass and Chugach are excluded from the policy, his administration may file suit. Meanwhile, the Legislature has introduced resolutions opposing the policy and is tracking the issue along with Governor Knowles and RDC. Kin ross sets sights on True North prospect Kinross Gold Corporation plans to spend more than $30 million in the next three years to bring its True North gold prospect on line. True North, located 25 miles north of Fairbanks near the company's Fort Knox gold mine, is expected to begin production in early 2001. About 100 new jobs will be created at the site. The company has submitted a draft plan to state officials to let state agencies gauge the permitting process with respect to staffing and fees. A final plan will be submitted this spring, at which time the public review process would begin. Exploration results on the Pedro Dome operation have identified about 180,000 ounces of gold reserves. The company anticipates mining 30,000 tons of ore per day, with a third of that being hauled eight miles each day by truck to a cyanide-processing facility at Ft. Knox. March 2000 / RESOURCE REVIEW / Page 3 Fees would be based on estimated and reasonable direct cost of service (Continued from page 1) has continued to receive feedback from the administration and has been fine- tuning the bill. "Our work with DEC staff has been particularly productive," Stiles noted. HB 361 accomplishes several important objectives. First, it requires the resource agencies to establish a schedule of fixed fees for relatively simple and repetitive regulatory activities. These fees must be based on the estimated and reasonable direct cost of providing the service and cannot include additional charges such as program overhead. This change is important for two reasons. It will provide the regulated community with more predictability in determining the costs to permit an activity. Also, it ensures the person requiring a designated regulatory service will only pay for the costs associated directly with providing that service. Secondly, recognizing that not all services provided by the resource agencies lend themselves to fixed fees, the bill directs the resource agencies to enter into negotiations with any person requiring a service to determine the costs of complex or controversial permitting activities. In the event that negotiations are unsuccessful, the bill "We strongly befieve this legislation is an appropriate step toward fulfilling Alaska's promise of being open and ready [or bus[ness." - Tadd Owens,. Projects Coordinator requires the agency to bill on a strict time and expenses basis for the work. HB 361 would establish a state permitting fees structure based on predictability and accountability, two important elements for a healthy business climate for industry in Alaska. Page 4 / RESOURCE REVIEW / March 2000 "We believe this system will act as an incentive to both the agency and the permittee to conduct good-f¢' negotiations," Stiles said. RDC Executive Director Ken Freeman noted that the bill also provides the regulated community with flexibility through a petition process. "Petitions may be used to request that the agency supplement its sched- ule of fixed fees, they may be used to create a fixed fee for an activity specific to a distinct economic sector, and they may be used to request a single project fee for an activity requiring multiple permits," Freeman explained. "This type of flexibility will make doing business in Alaska easier." The bill also accomplishes another RDC objective- it requires that any resource agency providing a designated regulatory service provide auditable invoices for their work. Under this sys- tem, services billed on a time and ex- penses basis would require monthly invoices. Some negotiated fees would also incorporate the use of invoices. This requirement, Freeman said, make.~ the costs of providing regulatory .~ vices more transparent to the pub,,., and establishes more thorough account- ability on behalf of the agencies. The permitting fees bill is written to encompass all of the state's resource agencies - the Department of Natural Resource, The Department of Fish and Game and the Department of Environ- mental Conservation- on a program by program basis. Currently, the only pro- grams included in the bill fall under DEC. At this time, DF&G does not have fee-charging authority' and DNR has already accomplished much of the work required by the bill. The bill does not grant any new fee-charging power, rather it restructures the manner in which fees can be constructed and billed. RDC Projects Coordinator Tadd Owens stressed the positive working relationship the work group has developed with both the legislature and especially DEC on this issue. "In the end, DEC must be able to effectively implement the legislatior any benefits to the public are to ~. accrued," Owens said. "We strongly believe this legislation is an appropriate step toward fulfilling Alaska's promise of being open and ready for business." Arctic economic development summit set for April The Arctic is rich in natural resources, home to America's largest oil fields and rich in untapped coal and mineral prospects. It is a harsh, yet sensitive environment in which to live and do business. Economic development in Alaska's Arctic requires forward-looking vision, a long-term and coordinated strategy, sensitivity toward the environment and respect of the culture, traditions and lifestyles of local residents. For these reasons, the Northwest Arctic Borough and the North Slope Borough, in conjunction with the Resource Development Council are hosting the Arctic Economic Development Summit in Kotzebue April 18-19. The summit will bring together representatives from the Arctic regions of Alaska, state and federal officials and industry leaders to share their visions of how economic development can and should occur in Arctic Alaska. "Local leaders will share their visions of economic diversity, viable communities and traditional ways," said Lori Henry, Summit Coordinator. "Companies currently operating in the region have been invited to discuss their new and existing projects," she explained. "State and federal officials will review their roles and current efforts to encourage economic development." Cominco's Red Dog Mine, the world's largest zinc concentrate producer, will be one of several projects showcased at the Kotzebue summit. The mine is located on NANA land. present a synopsis of their efforts to move large projects forward and the obstacles they have encountered. Other topics include viable energy alternatives and regional transportation planning. Summit speakers and delegates will also address how economic development can improve the quality of life in the Northwest Arctic and North Slope villages with the potential for jobs, education and other opportunities. Local residents will also focus on their priorities. "We need to sit down together in mutual respect and understanding in establishing a forward-looking vision and long-term strategy for economic development in the Arctic." - Stan Foe, RDC Treasurer Invited keynote speakers include Governor Tony Knowles and Senator Frank Murkowski. More than 30 other speakers will be participating in panel discussions addressing issues ranging from potential resource development, to regional infrastructure needs. "A Vision for Arctic Economic Development" will also be examined. Industry and local governments will A panel of Arctic leaders will address maintaining traditional subsistence lifestyles and how large projects might affect the land and wildlife. Panelists will share their experiences, research and viewpoints. "Unlike any other state, there are great economic interdependencies between urban and rural Alaska, which makes this summit especially important in establishing a strategy for economic development in the Arctic," said Stan Foe, RDC's Treasurer. "A sustainable level of economic prosperity will only occur by acknowledging the interdependence between urban and rural Alaska," Foe said. "We all know Alaska's economy is largely driven by the development of our natural resources, but do Alaskans truly understand that almost all of this activity occurs outside Anchorage and other urban centers?" Foe encouraged RDC board members to attend the summit and take an active role in the deliberations, noting it has been a long-standing priority of RDC to work closely with rural Alaskans to bridge the urban-rural divide. "We need to sit down together in mutual respect and understanding in establishing a forward-looking vision and long-term strategy for economic development in the Arctic, F'oo said." There is no registration fee for the summit, which will be held at the Kotzebue Armory. Additional information on the summit is available through Lori Henry at the North Slope Borough Office in Anchorage at 561- 5144. Accommodations are available at the Nullagvik Hotel, 907-442-3331. Special round-trip air fares to Kotzebue are available through Alaska Airlines. March 2000 / RESOURCE REVIEW / Page 5 U.S. ne.eds enduring national forest policy By: Bob Wheeler, Ph.D. Forestry Specialist Alaska Cooperative Extension In the words of Bob Dylan, "The Times, They are a Changin." And so it. is true for many things about America, especially in the realm of national forest policy. The confusing complex of regula- tions, laws. agencies and administra- tions has made it very difficult to under- Stand the nature of forestry on public lands in the United States and where it is going. At the dawn'of the 20th century, the developing Progressive Conservation Movement in the United States had a significant impact on the evolution of a natiOnal forest policy. During February 1897, President Grover Cleveland set aside 13 forest reserves in response to growing concern for exploitation by special interest groups, excessive waste in the management of the forest resources and incompetence within federal agencies. The progressive conservation movement reflected fundamental beliefs in forest management that were to guide national forest policies and public opinion for the next 50 years. The essence of these beliefs were founded on four basic concepts: the need for public land retention, the application of Gifford Pinchots' natural resource conservation philosophy of "wise-use," the need for federal natural resource programs to be self- supporting, and that they are based upon scientific management principles for the natural resources. But changes have been occurring during the past 50 years in the public's attitude toward national forests and their management. This change is reflected through the enactment of several environmental laws, including the 1960 "Do public opinion polls on management of forests and the environment, and our increasing demand for forest products indicate a developing national policy that prefers to keep all public forests as preserves with the implication that fulfilling our demand for forest products will be acquired ~rom ~oro/gn sources?" Multiple-Use Sustained Yield Act and the 1976 National Forest Management Act. These and other legislation are seen as a reflection of the advent of a change by the American public in their concept of national forest policy and has heralded the arrival of a new philosophy, referred to by some as "The New Environmental Paradigm." Although many components of the Progressive Conservation Movement still exist such as the "Wise-Use" philosophy, the current paradigm is seen to reflect a "realization of the finite limitations of natural resources and the need for a balance of nature." The New Environmental Paradigm movement has been championed by conservation, preservation, and envi- ronmental groups in general and is seen by many to reflect the true nature of American public attitude and belief at large. It is a belief that moves away from the support for industry that the Progressive Conservation Movement was seen by some as having supported. There are problems with this belief as Dr. Jo Ellen Force and Greg Fizzell reported at the Society of American Foresters National Convention in Portland, Oregon last year. Speaking on "How Social Values Have Affected Forest Policy, Force and Fizzeil defined social values as "preferences that Page 6 / RESOURCE REVIEW / March 2000 people share for certain types of outcomes or certain types of conduct." They sought to clarify obvious conflict.~ between two separate and qt different indicators of social values- .~ nationwide belief, based upon public opinion polls over the past 20 years, in the "New Environmental Paradigm" and our national buying behaviors for wood products. Force and Fizzell observed that "public opinions do not directly affect forest resources, our behavior does" which consequently places foresters and effective national forest policies in a dilemma. A review of national buying behaviors since the 1950s clearly indicates a choice by the public for increased production and consumption of forest products. During these past 50 years, although the average household size has declined, the size of the average new family home has nearly doubled. Another noticeable change was the dramatic per capita increase in paper consumption. Another example of conflicting attitudes and behaviors is with the public's desire to maintain natural events such as wild which are contradicted by the publ,. demand for fire control in urban-rural interfaces. The United States, as a net importer (Continued to page 7) BLM okays The Bureau of Land Management (BLM) has authorized ARCO to begin its winter exploration program on some of the leases it obtained from last May's lease sale in the National Petroleum Reserve- Alaska (NPR-A). ARCO is authorized to drill up to eight exploratory wells. However, this work may be spread over three sea- sons. Only two or three wells are ex- pected to be completed this year before works ends in the spring. NPR-A exploration drilling BLM has issued the necessary right- of-way permit and approved the company's application for permit to drill. No permanent roads or facilities will be constructed forthis exploration program and access will be by ice roads. Meanwhile, BP is continuing to place gravel on its offshore island for the Northstar project and is cutting ice in preparation of trenching for pipeline installation later this spring. Workers are currently welding pipe into one-mile lengths. The company expects to have the offshore portion of the pipeline in place before summer. North Star modules are currently being fabricated at two sites in Anchorage and one near Fairbanks. The modules will be delivered to the North Slope in this summer's sealift. The work force for the 145 million barrel oil field is expected to peak this summer at 700. BP expects to have the field producing by late 2001. Forest policy should reconcil'e public opinion an national buying behaviors for wood products · Withdrawal of approximately 50 million acres of roadless forest lands from management · Designation of forest silvicultural projects as point-source pollution and associated permit and review process · Cancellation of salvage sales and elimination of Knutson-Vandenberg funds for forest management activities, as well as cancellation of reforestation programs, timber Sale pipeline, and restoration trust funds The inclusion of the Chugach and Tongass National Forests into the roadless area recommendations, in spite of the language of ANILCA which specifically restricts future withdrawals from the managed land base, apparently is done with the belief that Congress will not be able to override a veto on bills that would restrict this administration's actions. Where are these actions and others leading regarding a national forest management policy? It is easy to see that these actions will make it more difficult to conduct any timber sales, including ones mandated for restoration of other resource values. Is the eventual intent of this approach simply to see to the elimination of all timber sales on federal forest lands? Is this a responsible forest land management policy that provides for the long-term health and sustainability of our forest and communities, the needs of today and those of the future? (Continued from page 6) of forest products, is faced with the dilemma under current strategies of managing our federal forest lands in a manner that does not provide for the existing and projected consumptive demands of the population. The impact of this policy influences harvest levels and forest product values in foreign countries with which we have little influence on their natural resource management policies. Some have maintained that sustainable development is the key to a successful forest policy. Sustainable development, providing for the long- term sustainability of our natural resources while providing for the needs of today's population without compromising that capacity of the forest to provide for the needs of future populations, is a return to the Wise-Use concept, but reflects a basic need and reality of forest land management. Relating to the notion of sustainable development, Hal Salwasser once wrote, "success in sustaining desired ecosystem conditions will depend on having scientifically sound, economically feasible and socially acceptable strategies for achieving combinations of ecological and social goals." With these concerns in mind, it is alarming to consider some recent forest management policy actions by the Clinton Administration. · A road building moratorium d Do public opinion polls on management of forests and the environment and our increasing demand for forest products indicate a developing national policy that prefers to keep ali public forests as preserves with the implication that fulfilling our demand for forest products will be acquired from foreign sources? Does the public understand that our fOrests are growing vastly more wood than that which is being harvested? Does the public also understand that this larger volume of wood will become fuel for greater fires, sites for increased insect and disease activity, and homes for some organisms and not for others? Do we need to identify public forest areas for intensive culturing of wood products while others are managed as diverse ecosystems? It is my concern that the United States is not planning for the long-term. As our population, as well as that of the world, continues to grow with its asso- ciated increasing demand for forest products, we need an environmentally and socially responsible forest man- agement policy. This policy should in- clude the production of forest products on a sustaining self-sufficient basis, something that even with all concerns for sustainable ecosystems in place, is well within our ability to do so. Bob Wheeler is a Forestry Extension Specialist with the Alaska Cooperative Extension. University of Alaska Fairt~anks. March 2000 / RESOURCE REVIEW / Page 7 Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS SERVICE REQUESTED Page 8 / RESOURCE REVIEW / March 2000 Mayor John Williams City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate [ U.S. Postage PAID ~ Anchorage, AK! Permit No. 377! Carol Freas III From' Sent: To' SUbject: Carol Freas [cfreas@ci.kenai.ak.us] Friday, March 31,2000 1:33 PM Johnelle (Business Fax) Kenai City Council Meeting Agenda Microsoft Word - Document9 ohne 11 e, This is the agenda that is to be published on Monday, April 3, 2000. A full agenda will be faxed and is to be forwarded to whoever the reporter is who will be at the meeting. We don't publish the full agenda (too expensive). Call me if you have questions. Carol AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 5, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://~vww. ¢i.kenai. ak.us ITEM B: SCHEDULED PUBLIC COMMENTS { 10 minutes) ITEM C: PUBLIC HEARINGS o Resolution No. 2000-12 -- Transferring $3,600 to the Clerk's budget for Purchase of Equipment in Regard to the Establishment of a Records Management Program. . *2000 Liquor License Renewals Pizza Hut #9 Restaurant Place Upper Deck Beverage Dispensary License/Tourism Casino Bar Beverage Dispensary License ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 o *Ordinance No. 1854-2000 -- Increasing Estimated Revenues and Appropriations by $75,000 in the General Fund for Transfer to the Boating Facility Fund. . *Ordinance No. 1855-2000 -- Increasing Estimated Revenues and Appropriations by $90,000 in the General Fund and FAA HQ Site Cleanup Capital Project Fund for Environmental Site Assessment and Underground Storage Tank Closure. , *Ordinance No. 1856-2000 -- Including the Offense of Negligent Driving in the City's Traffic Code Contained in KMC 13.20. . *Ordinance No. 1857-2000 -- Repealing Various Sections of Title 13 of the Kenai Municipal Code. o *Ordinance No. 1858-2000--Amending KMC 13.05.010 and KMC 13.05.020, and Deleting KMC 13.05.030, to Eliminate Misdemeanors From the Kenai Municipal Code and Replace Them with Violations. . *Ordinance No. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/Redoubt W & S Crossings Capital Project Fund. o Discussion-- Schedule Budget Work Sessions EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http' //www.ci.kenai.ak.us Carol L. Freas City Clerk MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE' ~//~'/~74rp~ Mayor and Council Attorney /' Clerk Fire Department Police Department City Manager ~-~ Finance ~-~ Taylor Springer Senior Center ~/ Public Works Library ~,~ Airport Kim Clarion Parks & Rec. ~' Engineer AGENDA DISTRIBUTION STP Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Dock STP Official Bulletin Board Fax by computer to Isee Microsoft Fax from printer list; Address Book; Contacts: Agenda List: Assembly Members Jon Little (Daily News/Soldotna) KSRM (Attn' Dan Meeks) KVCC Bill Iles, HEA KDLL Kenai Chamber of Commerce EDD DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion should be faxed as soon as possible after Noon on packet day. Home Page documents (agenda, resolutions and ordinances for public hearing) are saved as HTML files by each department to Clerk's HTML file. Place them there onto the city's website from there as soon as possible.