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Home My WebLink About2001-10-17 Council PacketKenai City Council Meeting Packet October 17, 2001 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 17, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kcn~.~.us [COUNCIL STAFF MEETING: 6:00 P.M., Council Chambers] ITEM A: CALL TO ORDER . 2. 3. 4. 5. 6. 7. Pledge of Allegiance Roll Call CERTIFICATION OF ELECTION OATHS OF OFFICE ELECTION OF VICE MAYOR Agenda Approval Consent Agenda *Ail 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) le Mary Warrington/Brain Injury Support Group -- Skateboard Park , Borough Assembly President Tim Navarre -- KPB Ordinance No. 2001- 29, Amending KPB 2.40 Regarding Planning Commission Membership and Apportionment. ITEM C: PUBLIC HEARINGS . Ordinance No. 1936-2001-- Finding that Certain City-Owned Airport Land, Identified as Tract A, Baron Park Kenai Youth Facility Addition, Located at the Marathon Road and HEA Access Road Intersection in Kenai, Is Not Required for a City Public Purpose But Is Needed for a Public Purpose for the State of Alaska. o Ordinance No. 1937-2001 -- Increasing Estimated Revenues and Appropriations in the General Fund Land Department by $325,000 for Purchase of the Youth Detention Facility Property From the Airport Land System Special Revenue Fund. -1- , ITEM D' , 2. 3. 4. 5. 6. 7. ITEM E: o ITEM F: ITEM G: ITEM,H: o . , , , , o Ordinance No. 1938-2001 -- Amending the Land Use Table and Footnotes at KMC 14.22.010 to Provide Residential Uses in the Central Commercial Zones and to Allow Dormitories and Boardin§ Houses in Commercial Zones. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report MINUTES *Regular Meeting of October 3,2001. CORRF~PONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1939-2001-- Finding Certain City-Owned Foreclosed Land, Identified as Lot 2, Block 1, Kalmu Komers, is Needed for a Public Purpose. *Ordinance No. 1940-2001-- Increasing Estimated Revenues & Appropriations by $45,500 in the General Fund for Ice Maintenance. *Ordinance No. 1941-2001 -- Increasing Estimated Revenue and Appropriations by $12,000 in the Water and Sewer Fund for a Water Rate Study. Discussion -- Assignments of Council Liaisons Discussion -- Personal Property Tax Exemption on Airplanes -2- 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 EXECUTIVE SESSION- Matters, the immediate .knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. ITEM K: ADJOURNMENT -3- MAYOR'S REPORT OCTOBER 17, 2001 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADDITIONAL INFO FOR: SUBSTITUTE: B-2, Tim Navarre -- Borough Planning Commission Membership · {T.Navarre 8 / 23 / 01 memo · 8 / 13 / 01 KPB Planning Commission minutes · 9 / 25/01 City of Seward letter regarding membership · 9 / 4 / 01 KPB Assembly Meeting Summary · 10 / 4 / 01 Kachemak Bay Advisory Planning Commission meeting minutes H-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Air Tek. CLERK FINANCE CONSENT AGENDA NO CHANGES. , , , , MAYOR'S REPORT Joint meeting with Soldoma City Council. Public Works investigating land for oval track. Power line route study. Discussions with Bagley and Boedecker regarding maintenance facility and facility space study. C) > ~ ~ ~ z - ¢~~ ~ ~ 0 ~ Z O ~0 0~~ CITY OF KENAI REGULAR ELECTION OF OCTOBER 2, 2001 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 2,2001. MAYOR/THREE-YEAR SEAT: VOTES CANDIDATE RECEIVED Bannock, Duane 593 Williams, John J. 1,346 Write-Ins 10 COUNCIL MEMBER/TWO-YEAR SEAT: VOTES CANDIDATE RECEIVED Jackman, Am), 541 Eldrid§e, Barr~ 452 Osborne, John "Ozzie" 392 Write-Ins 14 CITY COUNCIL/THREE-YEAR SEATS: VOTES CANDIDATE RECEIVED Moore, Joe 1,162 Bookey~ James C.~ III 1~087 Write-Ins 73 ABSENTEE/qUESTIONED BALLOTS CAST (in- person, personal representative, b~,-mail, questioned) 256 ABSENTEE/(~UESTIONED BALLOTS COUNTED 192 BALLOTS CAST/REGULAR VOTERS 1,795 TOTAL BALLOTS CAST/TOTAL VOTER TURN OUT 2,051 NUMBER OF KENAI REGISTERED VOTERS 4,762 VOTER TURN OUT 43% John J. Williams, Mayor Linda Swarner, Vice Mayor James C. Bookey, III, Council Member Joe Moore, Council Member Duane Bannock, Council Member Pat Porter, Council Member Date ATTEST: Carol L. Freas, City Clerk Introduced by' Date: Hearing' Action: Vote: Navarre 08/07/01 09/04/01 ~NAI PENINSULA BOROUGH ORDINANCE 2001-29 AN ORDINANCE AMENDING KPB CHAPTER 2.40 REG~ING PLANNING COMMISSION MEMBERSHIP AND APPORTIONMENT WHEREAS, Alaska Statutes require that planning commission membership be apportioned so that the number of members from home role and first class cities reflects the proportion of borough population residing in home role and first class cities located in the borough; and WHEREAS, all members are subject to appointment by the mayor and confirmation by the assembly, provided that members from home rule or first class cities must be selected by the mayor from a list of recommendations submitted by the city council; and WHEREAS, KPB 2.40.010 provides that the planning commission shall include one member from each first class or home role city of the borough, which is not required by statute, and that the number of remaining members from areas in the borough outside such cities must comply with the stamtorily required apportionment; and WHEREAS, if the planning commission must include one member from each of the first class or home role cities in the borough, then five members must come from the cities and, based upon the recent federal decennial census figures, the commission would have to be increased by either two or three members to satisfy the statutorily required apportionment figures; and WHEREAS, the current planning commission has eleven members, and a thirteen to fourteen member planning commission would be cumbersome; and WHEREAS, eliminating the requiremem that the commission include one member from each first class or home rule city in the borough will enable the commission to comply with statutorily required apportionment requirements without increasing its membership to thirteen or fourteen members; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 2.40.010 is hereby amended as follows' 2.40.010. Membership-Apportionment. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 180 Ordinance 2001-29 Page I of 2 In accordance with AS [§] 29.40.020(A): A. The planning commission shall consist of [1] a maximuTM of eleven members [FROM EACH FIRST CLASS OR HOME RULE CITY OF THE BOROUGH AND THE NUMBER OF MEMBERS FROM AREAS IN THE BOROUGH OUTSIDE FIRST CLASS CITIES TO COMPLY WITH THE REQUIRED APPORTIONMENT] atmortioned so that the number of members from home rule and first class cities (effects the ro onion of borou h o ulation B. The planning commission may establish, alter, or abolish, subject to approval of the assembly, sections for the appointment of commissioners fi'om areas outside first Class cities[, EXCEPT THAT ANY SUCH ESTABLISHED SECTIONS SHALL NOT BE ABOLISHED WITHOUT APPROVAL OF A MAJORITY OF THE ASSEMBLYMEN FROM AREAS OUTSIDE FIRST CLASS CITIES]. If sections are established, the number of members to be appointed from each section will be set so as to maintain the required apportionment. SECTION 2. That this ordinance shall take effect immediately upon its enactment. ENACTED BY TI~ ASSEMBLY OF TIlE KENAI PENINSULA BOROUGIt TI-IlS * DAY OF *, 2001. ATTEST: Timothy Navarre, Assembly President Linda S. Murphy, Borough Clerk Ordinance 200 i-29 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 181 OVERVIEW OF BOROUGH PLANNING COMMISSION MEMBERSHIP STATEWIDE KENAI PENINSULA BOROUGH Currently, the Planning Commission consists of 11 members. The KPB Code (as now written) requires that the Commission consist of 1 member from each first class or home rule city of the borough and that the number of members from areas in the Borough outside first class cities comply with the required apportionment. There is no requirement that those representing areas outside first class and home role cities come from any specific area of the borough. KETCHIKAN GATEWAY BOROUGH Planning Commission consists of 7 members~ Four members must reside within the City of Ketchikan and 3 members must reside outside the corporate limits of the City of Ketchikan. KODIAK ISLAND BOROUGH Planning Commission consists of 7 members. KIB Code requires that Commission membership be apportioned so that the number of members from first class cities within the Borough reflects the proportion of borough population residing within those cities. KIB Code further requires that Commission membership be reapportioned according to the fluctuation of population within the Borough and its first class cities by resolution of the assembly at the expiration of the terms of commission members. FAIRBANKS NORTH STAR BOROUGH Planning Commission consists of 11 members. Commission membership is apportioned so that the number of members from the cities of Fairbanks and North Pole reflects the proportion of the borough population residing within those cities as determined by the Assembly from time to time. MAT-SU BOROUGH The Planning Commission consists of 7 members. Commission membership is apportioned so that the number of members from Home Rule and First Class cities reflects the borough population residing in Home Rule and First Class cities located in the borough. The Mat-Su Borough Code also requires that representation from as many assembly districts as is feasible must be sought on the Commission, but all commission members must be appointed for their expertise and knowledge of the community and must represent the entire borough. Anchorage, Juneau and Sitka are unified municipaIities, so have no home role or first class cities to consider in commission appointments. The Boroughs noted above are those most like the Kenai Peninsula Borough in that they have one or more home role or first class city within their boundaries. · Ju ~-30-01 10:21A ZAN !NC./ARBY'$ JUL-2'~-2UU] I. KI uq'~u rn ~r~ ~.=um. NAI 9O7 283 3062 I:IENINI~UI,.A BOROUGH 144 N. BINKLEY * $OLDOTNA. ALASKA · 9B669-75119 BUSINESS (go7) 262-444 t FAX (~07)262-1892 ~ORANDUM P o0! DALE BAGLEY MAYOR TO: FROM: DATE: SUBJECT: 'l'ilnothy Nuv~ Assembly President Mcmlx:rs, Kcna/P~inxul~ ]~omugh Aucrnbly TJmo~y Naval. Ar. sr. mbly Pm~id==' .~~ July 27, ~1 Oxdm~ce 2001-~.~am~ng KPB 2.40 regarding planmug commission mcmbml~p a~d appomonm~t This ordinance would amend th= borough code [o ~srablish a maximum number ot' pJanning conuni~ion mc~. It would Wo etin~nnto t~e borou~ co~ t'~ui~~t ~at each fizst class and home rule c~ty have one member on thc comn~stion. Jnstc~ it rmrr~s statutory lan~uagc con~cming planning commiss~oz~ apFOrdonment. Since the decemual census ii,u-res ~verc publishcd, the administration bas de~rmin~ thut tl~ planning commission mcmb=-~p must be ndju~ to comply with thc statutory requirement tl~ the number of ammbe~ from borne rule and tim class c~t~ reflects the propomon of borough lx~ulation nesidm8 in home nde and first cln~$ cities. The borough code tcq~ that thc planning conums~on consist of one nxnnb~ tYom each fizst class or home rule c~ty of thc txm:mgh nnd that thc n~ of mmaimng mcmbcr~ f~m outside of those cities comply w~th thc ~qu~ed apportionment. If the borou~ cod~ is an~nae.~ to eliminate the nsquire~t that one nmmber come from cach first class or home rule city, then thc plannin~ commission siz~ ne~d not be adj~ tnstcad, d~c num__~r of ~rcacntativcs ~ first class or home rule cities would hay, to be adjmmd. intent in in~ing Otis ordi~ is to ~s m~ wi~ ~c p~g corem ~ ~e ~~ m ~ ~at ~ ~~ may ~ ~st way to on~ ~f ~v~l ~~bl~ ~e ~l~ve~~ ~~~cnt is su~ ~ mat is me ~ of ~ c~ ~~on. H~c~, w~ld ~ ~ a~m~a~. 182 Cil-y ef Soido'tnn 177 North Birch ~ Soldotna, Alaskn 99669 ~ Phone: (907) 2~2-9107 August 22, 2001 Mayor Dale Bagley Kenai Peninsula Borough 144 North Binkley Street Soldoma, AK 99669 Subject: Ordinance 2001-29, Changing MembershiP"ofthe KPB Planning Commission Dear Mayor Bagley: I am writing to' expl~ss the position of the Soldotna City Council that the current number of seats allocated for cities on the Borough Plaun/ng Commission should remain at five. If this requires increasing the size of the Planning Commission. to meet tho. ratios of city to non-city rep~mmfion under Alaska statutes, then City Council supl?.prts that increase. ~fly the five seats allocated for cities are divided with one seat for each first class or home 'rifle city. This works very well and there are-no-difficulties in letting each. city have a representative. But, if the number is reduced to four seats for' cities, there is no specified method of choosing which city does not get a representative or that prevents more than one from the same city. The CoUncil and I feel that maintaining the curr~t five 'seats avoids these problems. We also feel it is necessary to maintain a strong city presence on the Commission as a significant portion of the out of city population resides in very close proximity to the cities and activities in · those areas can have' dramatic effects on the cities. I am providing a copy of this letter to each of the Assembly Members and ask 'that you inclUde this letter as part of the materials at any public headng on this matter~ . · Thomas R. Boedeker City Managor Cc: Tim Navarre, Assembly President Assemblyman Pete Sprague, District 4 All other KPB Assembly Members Limta Murphy, Borough Clerk' · NAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 · BUSINESS (907) 262~t441 FAX (907)262-1892 TO: FROM: DATE: Memorandum Timothy Navarre, Assembly President · Members, Kcnai Peninsula Borough Assembly Timothy Navarre, Assembly Presider August 23, 2001 Ordinance 2001- 29, Amending KPB Chapter 2.40 Regarding. Planning Commission Membership and Apportionment DALE BAGLEY MAYOR As stated in my earlier memomdm of Suly 27, 2001, Ordinance 2001 - 29 is intended as a mechanism for the public and assembly to consider planning commission apportionment issues. It is not intended to promote only an eleven-member commission. The following amendment, offered at the suggestion of a mcmbcr of thc public, would eliminate the negative reference to a thirteen or fourteen member planning commission: Amend the fifth Whereas clause as follows: planning ' WHEREAS, the current commission has eleven mcmbers;aad; "-: ...... "----~--- '&'"';;"'"& ~"-'-~-"-~ """-----~'-,.,, -,.,.,,,, ,..,.......u..o......, aaa · Mr. Best commented that the Assembly narTowiy approved introduction of the omlinance dunng their August 7 meeting. He believe(] introd~on was approved so puDlic testimony could be heard. Mr. Bright commented about the Assembly's dissatisfaction with the assessed value versus the proposed purchase price, which is approximately 3.5 times the assessed value. Vice Chairman Bryson opened the meeting for public comment. No memDers of the public were present. Seeing and hearing no one wishing to comment, Vice Chairman Bryson closed the public heanng and opened discussion among the Commission. MOTION: Commissioner Hohl moved, seconded by Commissioner Boscacci, to recommend enactment of Ordinance 2001-19-(:~ ~ .-.:- . Vice ChainTwn Bryson re-stated the motion. Commissioner Martin asked if eminent domain would be in effect if the Assembly refused to buy the parcel. Mr. Bright replied the ~l~ly discussed eminent domain. Mr. Best commented that in order to utilize eminent domain, the Borough would have to have a speci~ project and show necessity. The Land Management Division requested a plan so the need for expansion of the hospital can be shown. At this time the Mayor is not in favor of implementing, eminent domain, but he does not support paying 3.5 times the assessed value. Commissioner Johnson said he would vote against the motion. He could not support paying $86,000 more than essessecl value for the parcels. He hoped the property owner would propose a more realistic sale price in the futixe. · o . Commissioner Tmeger also opposed the motion. He found the proposed price exorbitant and did not think the Borough should pay this. price for property. He recognized lhe hospitars need for property, but he did not think the Borough should be held hostage to this exorbitant saw price. ColT,Tl~ioner Hohl said she would also vote against the motion. She was unsure how many parcels the hospital would eventually need for their expansion. Once precedent is set, future prices might reflect the precedent. If the hospital would like to expand beyond the subject parcels, it may again face ven/high proposed purchase prices. Commissioner Hohl thought the assessed value might not accurate. She wondered if the Assessor considered the highest and best use for hospital expansion. The tax parcel information showed the property as residential use. VOTE: The motion failed unanimously. HAMMELMAN BRYSON BOS~Cl I CLARK I'IQHL · JOHNSON ABSENT NO NO ! NO NO NO MARTIN PETERSEN TAURIAINEN "I TROEGER VACANT SEAT EIGHT NO NO NO ABSENT I NO TWO ABSENT , , ONE VACANT SEAT AGENDA ITEM F. PUBUC HEARINGS 6. OKIinance 2001-29 Amending KPB 2.40 Regarding Planning Commission Membemhip and Apportionment Memorandum as reviewed by Bob Bright. PC Meeting: 8-13-01 To: Timothy Navarre, Assembly President; Members. Kenat Peninsula Borough AssemblY From: Timothy Navarre, Assembly President ,. mThis ordinance would amend the borough code to estab~h a maximum number of planning commission membem. It would also eliminate the borough code requirement that each fa'st class and home mW city have one ITmml:x~ on the ission. Instead, it mirmm statuto~, language concerning planning commission apportionment. KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST-13, 2001 MEETING PAGE 25 CITY OF SEWARD P.O. BOX 167 SEWARD. ALASKA 99664-0167 · Main Office (907) 224-4050 · Police (907) 224-3338 · Harbor (907) 224-3138 · Fire (907) 224-3445 · Fax (907) 224-4038 September 25, 2001 Mayor Dale Bagley Kmai Pen/n.?~tla Borough 144 North Binldey Street SoMoma, AK 99669 Subject: Ordinance 2001-29, Changing Membership of the KPB Planning Commission Dear Mayor Bagley, The Seward City Council has reviewed Ordinan~ 2001-29, and recommended that the Borough Code continue to maintain that the Planning Commission include one member ~om each of the class and home rule cities. If this requires increasing the size of the Planning Commission to meet the ratios ofcityto non-city representation required by Alaska Statutes, then the City of Seward suppo~s that increase. City representation on the Borough Plamfing Commission provides an important liaison between the Borough and the Seward Planning and Zoning Commission. The fact that the Borough Planning Commission is responm~_le for reviewing and approving sub--on plats inside the cites, makes it espechlly important that the cities maintain the existing seats on the Commission. In addition, local representation on the Borough Plamfing Commission is particularly important for the City of Seward due to our geographic separation from the rest of the Borough. I al~reciate the oppommity to present the City of Seward's position regarding Ordinance 2001-29, and request that this letter be inchuied with the materials at any public hearing on this matter. Sincerely, CrlT OF SEW~AI~SKA W. SCOTT JANKE CITY MANAGER 907.224.4047 9o7.224.4o38 fax citymgr~ seward, net C / President I Ordinance, 2001-29- Amending K~B Chapter 2.40 Regarding Planning Commission Membership and Apportionment (Navarre) (First of Three Fiearings) (Referred to Policies and Procedures Committee) Popp moved to enact Ordinance 2001-29. President Navarre called for public comment with none being offered. MOTION TO POSTPONE PASSED' Popp moved to postpone Ordinance 2001-29 until the next scheduled public hearing on October '". _: 2001. Unanimous without obiection. NEW BUS.ESS (Resolutions) (l'ape 1. $$80} Resolution 2001-096: Strongly Supporting the Administration's Efforts to Obtain Certain Borough-Selected Lands from the State of Alaska with no Encumbrances or Conditions Attached (Assembly) (Referred to Committee of the Whole) [Clerk's Note: Assembly Memher Popp read alottd Resolution 2001-096 m its entirety, as it was presented m' a leo'down resohttion.] MOTION: Popp moved to adopt Resolution 2001-096. President Navarre called for public comment with none being offered. MOTION' Popp moved to amend Section 3 to reflect the proper order resolution recipients, with the Governor listed first, followed by Senators and Representatives. NIOTION TO .~l~.NrD PASSED' Unanimous without objection. NIOTION TO .-~OPT AS .-~MENDED PASSED' Unanimous without objection. Petition to vacate the 30-foot wide portion of.McCall Street and the associated 50-foot radius temporary turnaround dedicated by Patterson Subdivision No. 2 (Plat K.N 78-37) and the 30-foot wide portion of McCall Streei and the associated l_n-foot utility easement dedicated/granted by Weaver Subdivision Part Two {Plat ICN 2001-18); within Section 11, Township 5 North, Range 9 t'/'~pe 2. $$ OI .-~semblv .M~ung Summars.' Vol. 42. Pag~ 66 gmai Pmimuta Bomu~ Sejmm~ 4..-OOl KACHEMAK BAY ADVISORY PLANNING COMMISSION MINUTES THURSDAY, OCTOBER 4, 2001 7'00 p.m. HEA Conference Room Commissioners- Dale Banks, Chair John Coila, Member Pete Roberts, Member- ABSENT' Jim Levine, Member Mary Diehl, Member Doug Schade, Member Kathy Corp, Member Bill Smith, ex-officio Member, City of Homer Call to Order- 7:00 pm e Roll Call - Pete absent, all others present. . . . Approval of Agenda- approved, added 5a. City Report. Approval of Minmes of 9/20/1 - approved unanimously Correspondence - Final draft of Lard's press release to be issued prior to Land Classification meetings was available. Dale reported that the Kenai Peninsula Advisory Planning Commission had agreed with our recommendations regarding the Martin Retreat, Line Subdivision and Emerald Height Estates platting changes. Dale polled the Commission to ascertain that a quorum would be present at the October 18 meeting which will deal with land classification, as three members had long-standing plans to be out of town on that date. When it appeared that a bare quorum would be present, John volunteered to alter his plans in order to attend. ,, ae City Report: Bill Smith' The Watershed Protection Plan committee has submitted its findings to the city, which don't appear to be controversial. Public Comments, items not on agenda, limit 3 minutes per speaker - No public present. Old Business ae Ordinance 2001-29 -. Bill Smith outlined his ideas on meeting the need of the Kachemak Bay Advisory Planning Commission October 4, 2001 Minutes Page 1 Borough Planning Commission to limit its ~owth, while better serving the public. Bill suggested dividing the Borough int6eleven Advisory Planning Commission areas, proportional to population. Each APC would then propose Borough commission members to the Mayor to appoint, as the cities do now. A lengthy discussion ensued. Some highlights: this would not negatively impact cities who do land use planning within their borders, and being centers of populations would be providing commissioners for their APC. Advantages include: a) more equal representation for the citizens; b) closer communication between APCs and the Borough Planning Commission; c) better access for citizens who can come to their local APC with concerns, without having to travel to Soldotna and explain these concerns to a Commission whose members are largely unfamiliar with their area; d) an increased resource of "local knowledge" available from Borough Planning Commission members. . MOTION - John moved to recommend that the Planning Commission consist of eleven members; that the Borough, including first class and home role cities, be divided proportionally by population into eleven APCs; that each APC appoint a member, forming the eleven-member Planning Commission. Seconded by Doug, passed unanimously. New Business e Plats- Tice-Hendrickson-Bouman- Short discussion of plat and staff report. Motion made, seconded and carried unanimously to support the staff recommendations. 10. Next Meeting Date - Oct 18, 2001 - land classification meeting, plat committee at 6:30pm., regular meeting at 7'00. Nov 8 - land classification, plats at 6:30. Dec 6 - land classification, plats at 6:30. No other meetings scheduled this year. 11. Commissioners Comments/Future Agenda Items - none. 12. Adjournment - 8'35 p.m. Kachemak Bay Advisory Planning Commission October 4, 2001 Minutes Page 2 MEMORANDUM TO' FROM: Timothy Navarre, Assembly President Members, Kcuai Peninsula Borough Assembly Timothy Navarre, Assembly President DATE: July 27, 2001 SUBJECT: Ordinance 2001-_~ amending KPB 2.40 regarding planning commission membership and apportionment. This ordinance would amend the borough code to establish a maximum number of planning commission members. It would also eliminate the borough code requirement that each firs: class and home rule city have one member on the commission. Instead, it mirrors statutory language concerning planning commission apportionment. Since the decennial census figures were published, the administration has determined that the planning commission membership must be adjusted to comply with the statutory requirement that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cities. The borOugh code requires that the planning commission consist of one member from each first class or home rule city of the borough and that the number of remaining members from outside of those cities comply with the required apportionment. If the borough code is amended to eliminate the requirement that one member come from each first class or home rule city, then the planning commission size need not be adjusted. Instead, the number of representatives from first class or home role cities would have to be adjusted. My intent in introdUcing this ordinance is to provide a mechanism for the assembly to address this issue with the planning commission and the mayor in order that the borough may determine the best way to handle the planning commission apportionment issue. This ordinance contains one of several possible approaches, all of which have issues that will need to be addressed. The eleven-member requirement is suggested as that is the size of the current commission. However, the statutes require a minimum of five residents, and, after further discussion, the assembly and other affected parties may conclude that a different number of members would be more appropriate. Date: Hearings: Action: Vote: 08/07/01 09/04/01.10/23/01.11/20/01 KENAI P~SU~. BOROUGH ORDINANCE 2001-29 AN ORDINANCE AMENDING KPB CHAPTER 2.40 REG~~G PLANN'~G COMMISSION MEMBE~~ AND AFPORTIONMENT WHEREAS, Alaska Statutes require that planning commission membership be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home role and first class cities lo.ted in the borougi~ and W'I~REAS. all members axe subject ~o appointment by thc mayor and confirmation by tl~ assembly, provided that mcrabers tom homc rule or first class cities must b~ selected by the mayor from a list of recommendations submitted by the city council; and WHEREAS, KPB 2.40.010 provides that the planning commission shall include one member from each first class or home rule city of the borough, which is not required by statute, and that the number of remaining members from areas in the borough outside such cities must comply with the statutorily required aoportionment; axtd WHEREAS, if the planning commission must include one member from each of the first class or home rule cities in the borough, then five members must come from the cities and, based upon thc recent federal decemfial census figures, the commission would have to be increased by eider two or three members to satisfy the statutorily required apportionment figures; and WHE~AS, the currem planning commission has eleven members, and a thirteen t° fourteen member planning commission would be cumbersome; and ... W~REAS, eliminating the requirement that the commission include one member from each first class or home rule ~ity in the borough will enable the commission to comply with statutorily required apportionment requirements without increasing its membership to thirteen or fourteen members; NOW, THF. REFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 2.40.010 is hereby amended as follows: 2.40.010. Membership-Apportionment, Pag~ 1 of 2 In accordance with AS [§] 29.40.020(A): A_ The planning commission shall consist of []] a ra~x~um of eleven members_ [FROM EACH FIRST CLASS OR HOME RULE CITY OF TttE BOROUGH AND THE NUMBER OF MEMBERS FROM AREAS 1N THE BOROUGH OUTSIDE FIRST CLASS CITI]ES TO COMPLY WITH THE RFQI_ffi~RD APPOR TWINMF, NT] annorfinned _.so t]~t the n)~,ber of m~nbers ttom homg _Lg~l_e ~ci first, c!_~_ass cities..r¢flects the proportion of borough.popu!ztion re~i~a in_ home rule and first cia.ns .c,~,ea located in ~e borou_~. B. The planning c,o~ssion may establish, alter, or abolish, subject to approval of the assembly, sections for the appointmem of commissioners from areas outside first class cities[, EXCEPT THAT ANY SUCH ESTABLISHED SECTIONS SHALL NOT BE ABOLISHED WITHOUT APPROVAL OF A MAJORITY OF THE ASSEMBLYMEN FROM AREAS OUTSIDE FIRST CLASS CITI~.S]. If sections are established, the number of members to be appointed from eaoh section will be set so as to maintain the required apportionment. SECTION 2. That this ordinance shall take effect immediately upon its enacmmt. ENACTED BY i'HE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY oF *, 2001. ATTEST: Linda S. Murphy, Borough Clerk o~~~ 200~ Pag~: 2 of 2 OVERVIEW OF BOROUGH PLANNING COMMISSION MF, MBERSHIP STATEWIDE KENAI PENINSUI~ BOROUGH Currently, the Planning Commission consists of 11 members. The KPB Code (as now written) requires that thc Commission consist of 1 member from each first class or home rulc city of the borough and that the number of members from areas in the Borough outside first cla~ ~t/c~ comply w~th ~ s vqu~c.~d ~pporfiooA~e/~t. Ther~ is no requ/~m~t that tho0o representing areas outside/u'st class and home rule cities come fi'om any spec/ftc area o£ thc borough. KETCmKAN GATEWAY BOROUGH Planning Commission consists of 7 members. Four members must reside within the City of Ketchikan and 3 members must reside outside the corporate ]imits of the City of Ketchikan. KODIAK ISLAND BOROUGH Planning Commission oonefi~t~ of 7 membsrc. KIB Codo roquirss that Comrnisdon membership be apportioned so that the number of members from first class cities within the Borough reflects the proportion of borough population residing within those cities. Code further requires that Commission membership be reapportioned according to the fluctuation of population within the Borough and its iirst class cities by resolution of the assembly at the expixarion of~he ~erms of commission members. FAIRB~$ NORTH STAR BOROUGH Planning Commission consists of 11 members. Commission membership is apportion~ so that the number of members from the cities of Fairbanks and North Pole reflects the proportion of the borough population residing within those cities as d~ennined by the Assembly from time to time. MAT-SU BOROUGH The Planning Commission consists of 7 members. Commission membership is apportioned so that the number of members from Home Rule and First Class cities reflects the borough population residing in Home Rule and First Class cities located in the borough. The Mat-Su Borough Code also requires that representation from as many assembly districts as is fea.~'ble must be sought on the Commission, but all commission members must be appointed for their ,~,~, t~,~ ~,,d 1~,,,,1~1~,. ,,f ti,,, ¢~,,,,,,,,~At~ ~ad a~ast ~p~s¢~t th~ ~nti~ b~5~ugh. Anchorage, lunea~ and Sitka are unified municipalities, so have no home nde or first class cities to consider in commission appointments. The Boroughs noted above are those most like the Kenai Peninsula Borough in that they have one or more home rule or first class city within the~ boundaries. TO: TH~U: FROM: Timothy Navarre, Agaembly President Members, Kcnai Peninsula Borough Assembly Dale Bagley, Mayor Colette Thompson, Borough Attorney DATE: October 12, 2001 SUBJECT: Providing for the reapportionment of the planning commission The purpose of~his memorandum is to summarize applicable law regazding plam~g commission apportionment and to numerically show the effect on apportionment of different planning commission membership proposals. Alaska Statute 29.40.020(a) requires that: Commission membership shall be apportioned so that the number of members from home role and ~rst class cities reflects the proportion of borough population residing in home rule and first class cities located ia the borough. This means that the ratio of planning commission members from first class and home rule cities to th~ c~,th'e plamth~g commission membership must be tho same as the ratio of city residents in the borough to borough residents outside of the cities. Thus, as the 2000 federal census figures show that 35.75 percent of the borough population are city residen~ and 64.25 percent are rural residents, then 35.75 percent of the planning commission membership should come from the cities and 64.25 percent should come from the rural areas of the borough.~ I~ is import~t to note that the statute does not have any provision regarding reprcscntatives from eac~ city and merely looks at the entire borough as a single unit requiting A~ndiag to the U.S. ~ Cgmus, ff~ borough has 49,691 total residents, iaohutmg 17,763 city residents 1,928 ,m~l that the proportion of planning commission membership from all first class and home rule cities must equal the proportion of borough membership residing in the cities. The Kenai Peninsula Borough code (KPB :2.40.010) currently requires that the planning commission include one member from each, first class and home rule city in the borough. With this requirement in place in addition to the statuto~ requirement, the planning commission must have five city members as there are five first class and home rule cities in the borough? It should be noted that federal constitutional equal protection requirements clearly apply to elected bodies. The planning commission is an appointed body, and, accordingly, it may be permissible under the oonstitution to deviate by more than 10 percent from the equal representation requirements otherwise applicable to elected bodies,a However, as a role of thumb, planning commission composition is more defensible if the proportion rem~in~ within I 0 perc~t ofth~ r~quired ~atutory apportionment. The assembly has the discretion to amend by ordinance the requiremem that one member come from each city in the borough as this is not required by statute. Assuming the ordinance requirement remains in place and the planning commission must have five city members, in order to comply with the required statulory proportion the planning commission must consist of either thirteen or fourteen members. The following table shows the percentage deviations from a perfect 35.75 percent to 64.25 percent ratio based upon different planning commission rural and city memberships. As shown, the percentages differ if the ordinance requires a fixed number of city members or a fixed total number of members. This is because if the assembly requires a certain number of city representatives, then the lotal city population is divided by the total number of people each planning commission member should represent, ffthe assembly inste~ only identifies the total number of planning commissiouers required, the percentage of rural and city population is divided by the total number of planning commission members to determine the number of required ~ty and rural representatives. Then the total borough population is divided by the total planning commission membership to reach the ide~ number of people each member should represent. ~ Th¢~ ixmlude Homer, Keixai, Seldovi~, Se-.vard, and Soldoma. ~ See, ~reh 'v. Egan, 526 P.2d 863 (Alaska 1574). pl~ Comm[~sioi~ R~xppOrtionme~t .... Page 2 of 3 City Members iiii ii il i ii i __ ii, Rural Members ,, , ~ . 5 11 7 4 Pereem Deviation For Rural Members H Fixed Number of CRy Members -19.8 lO.1 -7.9 fb. S .... 23.0 -19.8 -2.7 10.! ,, 20.1 -50.0 -28.49 __ --8.5 0,4 , ,, 10.1 s.35 .. , - 25.0 , _ ':[total Percent' Deviation Between Rural and City Members If Fixed Number of Total Members ! 17.7 10.9 7.3 '10.9'" 24.3 17,7 · 2.7 10.9 18.2 38.8 24.3 , _ , ,11.4_, o. 5 10.9 9.0.9 121.0 Thank you for the opponunity to ~ddrcss this matter. p,~¢ ~3 °f3 Suggested by: CITY OF KENAI ORDINANCE NO. 1936-2001 Administr; AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED AIRPORT LAND, IDENTIFIED AS TRACT A, BARON PARK KENAI YOUTH FACILITY ADDITION, LOCATED AT THE MARATHON ROAD AND HEA ACCESS ROAD INTERSECTION IN KENAI, IS NOT REQUIRED FOR A CITY PUBLIC PURPOSE BUT IS NEEDED FOR A PUBLIC PURPOSE FOR THE STATE OF ALASKA. WHEREAS, there is a need for a Youth Detention Facility in Kenai; and WHEREAS, it is in the best interest of the City of Kenai to provide a site; and WHEREAS, the City of Kenai owns certain airport land identified as Tract A, Baron Park Kenai Youth Facility Addition, that would be suitable for a Youth Detention Facility; and WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council; and WHEREAS, the property is needed for this public purpose by the State of Alaska; and WHEREAS, the Kenai Advisory Planning and Zoning Commission recommended the dedication of this property for the Kenai Youth Detention Facility at their meeting on August 8th, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned airport land, identified as Tract A, Baron Park Kenai Youth Facility Addition, located at the Marathon Road and HEA Access Road intersection in Kenai, is not required for a City public purpose but is needed for a public purpose by the State of Alaska. PASSED BY THE COUNCIL OF THE-CITY OF KENAI, ALASKA this 17th day of October, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (9/24/01)kh Introduced: Adopted: Effective: October 3,2001 October 17, 2001 November 17, 2001 Suggested by: Administration City of Kenai ORDINANCE NO. 1937-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~ INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND LAND DEPARTMENT BY $325,000 FOR PURCHASE OF THE YOUTH DETENTION FACILITY PROPERTY FROM THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND. WHEREAS, the City of Kenai desires to support the construction of a Youth Detention Facility by donating land for the project to the State of Alaska; and WHEREAS, land owned by the City in the Airport Land System Special Revenue Fund described as Tract A, Baron Park, Kenai Youth Facility Addition has been appraised for $325,000; and WHEREAS, in order to use the site for a Youth Detention Facility the General Fund must purchase this land from the Airport Land System Special Revenue Fund; and WHEREAS, funds are available in 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 Revenue: Appropriation of Fund Balance $325,000 Increase Appropriation: Land Department - Land $325,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of October, 2001. ATTEST: Carol L. Freas, City Clerk Approved by FinanceL~~. (09 / 25 / 2001) jl JOHN J. WILLIAMS, MAYOR Introduced:' Adopted: Effective: October 3,2001 October 17, 2001 October 17, 2001 Suggested by: Administration City Of Kenai OItDINANCE NO. 1938-2001 AN ORDINANCE OF THE'COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE AND FOOTNOTES AT KMC 14.22.010 TO PROVIDE RESIDENTIAL USES IN THE CENTRAL COMMERCIAL ZONES AND TO ALLOW DORMITORIES AND BOARDING HOUSES IN COMMERCIAL ZONES. WHEREAS, currently the Central Commercial zone is an area containing both residential and commercial uses; and WHEREAS, currently the Land Use Table does not allow residential uses in this zone; and WHEREAS, currently residential uses in this zone appear to be consistent with current land uses in the Central Commercial zone; and WHEREAS, allowing residential uses in this zone appears to be consistent with current land uses in the Central Commercial zone; and WHEREAS, adding a footnote to the Land Use Table to provide setbacks for the residential use would be consistent with residential development in other zones; and WHEREAS, permitting residential uses in this zone appears to allow for the maximum use of land in the Central Commercial zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Land Use Table and Footnotes at KMC 14.22.010 are amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2001. John J. Williams, Mayor ATTEST' Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 3,2001 October 17, 2001 November 17, 2001 P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted I~AND IY~E TABI,E Table 1 of 3 NOTE: Reference footnotes on following pages for additional restricticr ZONING DISTRICTS C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH LAND USES RESIDENTIAL One Family Dwelling C~8 p p p p p p p2~ Sl S~ S2 p p Ici ,, Two/Three Family Dwelling C~8 p p p p p p p2~ Sl C C P P ICl ,, Four Family Dwelling C~ p C~ p N N P pa~ Sl C C C P Icl Five/Six Family Dwelling C~ C3 N P N N P p2~ Sl C C C P ICl Seven or More Family C~ C~ N Ca N N P p2~ Sl C C C P Dwelling Ic~ Townhouses 4 C~s C C C C C C C C C C C C Mobile Home N C C C C C C C C C C C Parks 6 Planned Unit Residential C~8 C C C C C C C C C C C C 'Development ? COMMERCIAL , Automotive Sales N C C~9 N N N C P P P P N N Automotive Service Stations N C C~9 N N N C P P P P C N Banks N C C~9 C N N C P P P C C C Business/Consumer Services N C C~9 C N N C P P P C C C , Guide Service N C C C N N C P P P P C P Hotels/Motels N C C~9 C N - N C P P P C C P Lodge N C C C N N C P P P C C P Professional Offices N C Ct9 C N N P P P P P C P Restaurants N C C19 C N N C P P P C C C Retail/Wholesale Business N C C19 C N N C P P P P C C Theaters/ N C C19 C N N C P P C C P C Commercial Recreation P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted I,AND I~SE TARI,E Table 2 of 3 NOTE: Reference footnotes on following pages for additional restrictions. Airports and P C C~9 C~9 N N C P P P P C N Related Uses Automotive Repair/ N C C~ C~ N N C P P P P N N Tire Recapping/ Rebuilding Gas Manufacture/ N N Cl~ C19 N N N N N C9 C9 N N Storage Manufacturing/ N C C C N N C C P P P C C Fabricating/ Assembly/Storage Warehouses N C Cl~ C N N C C P~ P P C N PUBLIC/ iNSTiTUTiONAL - ,, Charitable Institutions C C C C C C P P P P P C P Churches C pi° plo plo plo plo plo plo plo C C pi° p Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C C~'- p P P C C P Museums C C C C C C C P P P C C p Parks and Recreation P S S S S S S P P S S P P Sauitariums C C C C C C C C C C C C C ,, , P -- Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted I,AND IISE TABI~E Table 3 of 3 NOTE: Reference footnotes on following pages for additional restrictio-~ ZONING DISTRICTS , , LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH R TSH ,, , . MISCELLANEOUS Animal Boarding la C C C C C N N C C C C C N , Bed & Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C . C C , Crematories N C N C N N C C C C C C C Day Care Centers l: C C C C C C C C C C C C C , Dormitories/ C C C C C C P P:~ S C P C C Boarding Houses iCl Essential Services P P P P P P P P P P p p p ,,, Farming/Gardening/ P P P P P P P P P P C P P General Agriculture Greenhouses/Tree C C C C C C C P P P C C C Nurseries la Assemblages Is C C C C C C C pis pis pis P~s C t (Large: Circuses, Fairs, etc.) Fraternal Organizations N C C C C C C P P P C C P Nursing, Convalescent or N C C C C C C P P C C C C Rest Homes ,,, Parking, Off-Street P P P P P P P P P P p p p ,, Parking, Public C C C C C C C C C C C C C Lots ~2 Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ P P C C C C C P P P P C C (~ell Sites Recreational Vehicle Parks C C C C N N C C C C C ' C C Social Halls N C C C C C C P P C C C C Subsurface Ext- C C C C C C C C C C C C N raction of Natural Resources 16 Surface Extraction of C C C C N N C C C C C C N Natural Resources ~7 Union Halls N C C C C C C P P P C C ~ )' FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One (1) single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions' (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident fi'om the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is fi'om the Kenai Spur Highway. (20) The airport and related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a). (21) Setbacks for use shall be the same as those listed in the "Development ReqUirements Table" for the RU/TSH zones. KENAI AIRPORT COMMISSION OCTOBER 11, 2001 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ***AGENDA*** ITEM 1' CALL TO ORDER AND ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES- September 13, 2001 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BU$INF_~S Discussion -- Aircraft Personal Property Tax ITEM 6: NEW BUSINESS ITEM 7: REPORTS ae Commission Chair Airport Manager City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: a, INFORMATION ITEMS · .. Kenai City Council Meeting Action Agendas for September 19 and October 3, 2001. ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION OCTOBER 11, 2001 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE RON HOLLOWAY, PRESIDING MINUTES ITEM 1' CALL TO ORDER AND ROLL CALL , Due to the absence of Commission Chairman Knackstedt and Vice-chair Van Zee, Commissioner Hollow. ay was selected as Chair Pro Tempore. Chairman Holloway called the meeting to order at 7:02 p.m. confirmed as follows: The roll was taken and Present' Absent' Others Present: Public: Bielefeld, Ha_raison, HoLloway, Kleidon, Elson Van Zee, Knackstedt Councilwoman Swamer, Airport Manager Cronkhite, Department Assistant Harris Pat Porter {Kenai), John Barrels {Yukon Fuel Service, Kenai) ITEM 2' AGENDA APPROVAL MOTION: Commissioner Elson MOVED to approve the agenda as presented and Commissioner Kleidon SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES- September 13, 2001 MOTION: Commissioner Haralson MOVED to approve the minutes as presented and Commissioner Kleidon SECONDED the motion. There were no objections. ORDERED. SO ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS Discussion -- Aircraft Personal Property Tax Airport Manager Cronkhite provided the Commission with a history of aircraft personal property tax and airport tie-down information. Due to inconsistent past tie-down records, she asked the Commission to refer to a statistics list from FY2000 (the first year airport tracking took place). Cronkhite then referred to Pat Porter (Kenai), who requested this matter be reviewed. · .. Porter provided the following information: · She recently noticed and is concerned about the lack of tenants at the Kenai Airport tie-down spaces and wanted some ideas on how to bring people back. Stated she felt the mare reason tie-down tenants relocated is because of the current policy on property tax. John Bartels (Yukon Fuel Service): · Reported a little more than 20% decrease in fuel sales at his business as a result of the low airport tie-down tenant rate. · Stated he knows a minimum of 30 people who have changed their tie- down location due to the tax. This, he stated, caused a negative ripple effect at his fuel 'service business, including a cut in employees. Cronkhite provided the Commission with a draft Kenai Municipal Airport tie-down fees list and requested comment from the Commission. Cronkhite pointed out money saving incentives for tenants who sign a one-year lease. All agreed the draft fees seemed fair. The Commission spoke at length regarding aspects of the current method of taxation versus a set-rate flat tax. Commissioner Bielefeld stated many people were avoiding the city tax by parking their planes in Wasilla and other places where a flat tax is used. Bielefeld explained the tax was based on the value of the plane as determined by the Kenai Peninsula Borough Assessing Office. The Commission spoke about the issue of the City of Kenai adopting the borough policy of exempting the first $100,000 of assessed value as a long-term goal. Additionally, the Commission spoke briefly regarding potential property value assessment miscalculations and the need for administrative support for City of Kenai residents from any borough assessing discrepancies. MOTION: Commissioner Haralson MOVED to recommend to council a modification in the tax code on personal aircraft to fall more in line with regard to personal use as that of the Borough. Commissioner Elson SECONDED the motion. Without objections, the Commission refined the verbiage of the motion and agreed upon: The Airport Commission recommends to City Council the Kenai city tax code be amended to reflect a $100,000 exemption on aircraft to match the current KPB exemption. AIRPORT COMMISSION MEETING OCTOBER 11,2001 PAGE 2 VOTE: The refined motion passed by UNANIMOUS CONSENT. MOTION: Commissioner Ha. raison MOVED to recommend to City Council the current KBP aircraft tax code be amended to a fiat tax. Commissioner Kleidon SECONDED the motion. There were no objections. 80 ORDERED. ITEM 6: NEW BUSINESS- -None ITEM 7: REPORTS Commission Chair-- No report 7-b. Airport Manager -- Airport Manager Cronkhite reported on the following: · City Council will review the draft reco_m__mendafion of the invitation to bid for the gift shop/restaurant areas at their next meeting. · The ARF-SRE building was progressing well and should be completed on schedule. 7-c. City Council Liaison -- Councilwoman Swarner reported on the following: · New and returning Council members will be inducted into office at the next City Council meeting. · Spoke briefly regarding financial terms introduced by Commissioner Haralson. Haralson explained he obtained airport information from the city website and requested clarification of several terms (special revenue fund and retained earnings). Swamer stated she would look into the issue. ITEM 8- COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 9: ,, PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10,: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for September 19 and October 3, 2001. ITEM 11: ,, ADJOURRMENT MOTION,,:, Commissioner Bielefeld MOVED to adjourn. Commissioner Kleidon SECONDED the motion. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING OCTOBER 11,2001 PAGE 3 The meeting adjourned at approximately 8:00 p.m. Minutes transcribed and prepared by' Sharon M. Harris, Department Assistant AIRPORT COMMISSION MEETING OCTOBER 11,2001 Page 4 KENAI HARBOR COMMISSION MEETING OCTOBER 8, 2001 KENAI COUNCIL CHAMBERS 7:00 P.M. AGE17DA ITEM 1' ITEM 2' ITEM 3' ITEM 4: ITEM 5: ITEM 5' b. ITEM 7: , , ITEM 8: ITEM 9' ITEM 10: CALL TO ORDER/k ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- September 10, 2001. PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion -- Kenai River Sportfishin§ Association/2001 Kenai Eagle Award Nominations Discussion -- Resolution No. 2001-73/FY01 Shared Fisheries Business Tax Pro~ram REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/OUESTIONS INFORMATION Kenai City Council Action Agendas of September 5 and 19, 2001. ADJOURNMENT KENAI HARBOR COMMISSION MEETING OCTOBER 8, 2001 KENAI COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR BARRY ELDRIDGE, PRF~IDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Vice Chairman Eldridge called the meeting to order at 7'00 p.m. Members Present: Members Absent: Others Present: Eldridge, Rogers, McCollum, Foster, Spracher, Graves Thompson Bookey, Komelis, Freden, Roper Eldridge welcomed Kathleen Graves to the Harbor Commission. Graves provided a brief introduction of herself. ITEM 2: AGENDA APPROVAL Eldridge asked that two items be added under Old Business- Item 5.a. Coastal Trail Comments, and 5.b Cunningham Park Boat Ramp Project. Komelis requested rescheduling of the November meeting be added under New Business, Item 6.c. MOTION: Commissioner Rogers MOVED to approve the agenda as amended and Commission Spracher SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- September 10,2001 MOTION: Commissioner Spracher MOVED to approve the minutes of September 10, 2001 and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5- , , , OLD BUSINESS 5-8. Discussion -- Coastal Trail/Bluff Restoration Project Komelis explained the items handed out prior to the meeting were comments from other agencies regarding the Kenai Coastal Trail Project and the majority of the comments were negative. The letter from the State of Alaska indicated their review had been suspended pending the receipt of additional information from the Department of Fish and Game. As a result of the suspension, the City Council was requesting a meeting or work session with the Harbor Commission and Peratrovich, Nottingham, and Drage (PND). Councilman Bookey explained the purpose of the meeting and noted Council would be relying heavily on the Harbor Commission to become very much involved in pursuing the Kenai Coastal Trail permit. Discussion took place on a work session date and October 24 and October 23~a were agreed as first and second choice dates. It was noted the Planning & Zoning Commission's regular meeting is scheduled for October 24, however the work session may be able to be held at another location. Komelis and Bookey encouraged the Commission to review the materials provided at the meeting as well as the original permit application prior to the meeting. The Commission will be notified of the work session date, location and time. Discussion -- Cunningham Park Boat Ramp Plan Komehs provided a site plan for the proposed boat ramp next to Cunningham Park. Discussion regarding the location, its affect on Cunningham Park and the status of alternate locations followed. Eldridge expressed concern with the lack of parking in Cunningham Park and suggested additional spaces be incorporated. Graves stated she didn't like the traffic pattern and recommended an exit on the opposite side be incorporated. Discussion followed regarding the parking areas and it was suggested the spaces be redesigned to force the users to back their vehicles and boat trailers into the spaces. Councilman Bookey will take the Harbor Commission's comments back to Council. Komelis noted the funds available for the boat ramp project is just for the purchase of the land only and that it could take years for the permitting process and construction. ITEM 6: NEW BUSINESS Discussion -- Kenai River Sportfishing Association / 2001 Kenai Eagle Award Nominations Komelis drew attention to the letter and application form included in the packet. was noted there were no projects in Kenai that could be nominated. It Discussion -- Resolution No. 2001-73/FY01 Shared Fisheries Business Tax Program Komelis stated this was included for information' purposes only and noted the City Council had already voted on the issue. Discussion -- November Meeting Reschedule Komelis noted November 12th is a City holiday and asked the Commission if they would consider an alternate date. After discussion it was decided to request the meeting be changed to November 5u~. HARBOR COMMISSION MEETING OCTOBER 8, 2001 PAGE 2 MOTION: Commissioner Rogers MOVED to change the November 12 meeting to November 5, 2001 pending City Council approval and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS Director- Komelis handed out a flyer inviting everyone to the City's 20- year anniversary of the opening of City Hall. The event will be held on Thursday, October 11~ from 3:00 p.m. to 4:30 p.m. in the City Council Chambers. 7-bo Dock Foreman - Freden provided a lengthy report on events taking place at the city dock during the summer and explained some of the improvements being made. City Council Liaison- Bookey reiterated the purpose of the work session regarding the permit application for the Kenai Coastal Trail. Bookey stated the Harbor Commission would be asked for a lot of input and direction. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS -- None ITEM 9: INFORMATION Kenai City Council Action Agendas of September 5 and 19,2001. ITEM 10: ADJO~NT MOTION: Commissioner Rogers MOVED to adjourn and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 8:45 p.m. Respect~lly submitted, Barbara Roper, Contract Secretary HARBOR COMMISSION MEETING OCTOBER 8,2001 PAGE 3 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM: SUBJECT: DATE: FOR: LINDA SNOW, CITY MANAGER KEITH KORNELIS ~ HARBOR COMMISSION MEETING 10/09/2001 CITY COUNCIL MEETING OF OCTOBER 17, 2001 The Harbor Commission recommended the following at their meeting last night: 1. A K,e, nai Coastal .Trail work session meeting on Tuesday October 23 or Wednesday October 24. The work session to include City Council, Harbor Commission, City Administration, PND, and others that may be int~rosted such as the Parks and Recreation and the Planning and Zoning Commissions. PND is available for both dates. I just got word this morning that Paul Fuhs will not be available O~ober 22-24 but will be available October 25 or 26. I gave the Harbor Commission a copy of the agen~ cx~mm~nt~ on the permit. Maybe the agency com~nt~ should be given to City Council in their October 17 Council packet. e The City continues with the concept of a boat launch near c,,unninclham, Pa,rk. The Harbor Commission did have some concerns about the design of the parking lots and launching facility. They would like to make some suggestions when the project gets to the design phase. 3. Change the next H,a,rb, or .,Com..missien. meetincl date to~ Monday November $~ 2001 from November 12, Veteran's Day (a city holiday). KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM OCTOBER 2, 2001 7:30 P.M. AGENDA ITEM 1' , ITEM 2: ITEM 3' ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9' ITEM 10: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF,MINUTES -- September 4, 2001 PERSONS SCHEDULED TO BE HEARD REPORTS Director Friends of the Library City Council Liaison OLD BUSINESS ,, NEW BUSINESS Discussion -- Amendments to Library Regulations COMMISSIONER COMMENTS/OUESTIONS INFORMATION Kenai City Council Action Agendas of September 5 and 19, 2001. ADJOURNMI!INT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM OCTOBER 2, 2001 7:30 P.M. VICE CHAIR KATHY HEUS, PRESIDING MIKUT~ ITEM 1' CALL TO ORDER/h ROLL CALL Vice Chair Heus called the meeting to order at 7:30 p.m. Present: Absent: Others Present: Brenckle, Amen, DeForest, Heus, Rodes (arrived at 7:35) Peters, Brown Library Director Jankowska, Contract Secretary Roper ITEM 2: AGENDA APPROVAL Commissioner Heus requested the following additions to the agenda: Item 6, Old Business; a. Library Addition Update Item 7, New Business; b. Special Meeting MOTION: Commissioner Brenckle MOVED to approve the agenda as amended and Commissioner Amen SECONDED the motion. There were no objections. 80 ORDERED. ITEM 3' APPROVAL OF MINUTES -- September 4, 2001 MOTION: Commissioner Brenckle MOVED to approve the minutes as presented and Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: REPORTS 5-a. Director-- Director Jankowska reported on the following: · City Council approved the $20,000 contract for Bill Kluge who will prepare a schematic for the library addition. · A review of the statistics indicated senior citizen participation was down from previous months. Jankowska stated she contacted the Senior Center and learned several senior patrons were utilizing the computers at the Center and that could be the reason of the decrease in visits at the library. · Several new programs were presented to include a group of patrons exploring a financial information service at the library. This group would not be available to give financial advice but would assist in research by utiliz~g the intemet and library resources. A film club will meet on a monthly basis and the club will offer classic movies, foreign films, etc. · October 14th through the 20th is Teen Read Week and the theme is Make Reading a Hobbit. A new collection was purchased and a drawing will take place on October 20th for the participants. · The library will do a repeat of the Prime Time Reading and a grant was awarded by BP for the project and would be used in creating a family story telling tradition. · The library would once again recruit for a part time position to replace an employee who went to work at the college because health benefits are offered. Jankowska indicated she would attempt to upgrade the Position to 25 hours per week during the next budget cycle and added, this was the third person the library lost since she started. There had been discussion the past two weeks about the FBI accessing library files to deterrn_ine the type of materials being checked out. Jankowska reported all library records are private and require a subpoena before they can be released. Jankowska noted, with a court order the material accessed is very limited. Discussion took place on Intemet access and the type of materials viewed and Jankowska stated staff clears the history on the computers on a daily basis. 5-b. Friends of the Library- Co~_rnissioner DeForest reported the following: · Ticket sales continue. · The Friends appropriated $50,000 for library furnishings. · The Council appropriated $20,000 for development of the schematics. DeForest noted Councilmen Bookey and Bannock indicated they didn't want any additional General Fund monies to be used for this project. City Council Liaison -- No report. ITEM 6: OLD BUSINESS ,, Discussion -- Library Renovation/Addition Commissioner Heus reiterated that City Council approved $20,000 for the renovation/addition schematics to be prepared by Bill Kluge. Heus reported she discussed the work with Public Works Manager Jack La Shot and learned Kluge thought he could have a plan ready for review by the Commission's next meeting and indicated that he will be on the agenda. ITEM 7: NEW BUSINESS LIBRARY COMMISSION MEETING MINUTES OCTOBER 2, 2001 PAGE 2 Discussion -- Amendments to Library Regulations dankowska explained the various changes to the regulations noting the draft was included in the meeting packet. Those items in parentheses would be deleted and those underscored would be added. Discussion took place on new Items 8 and 9 covering use of the library conference room and exhibits respectively. Jankowska indicated the library had been approached to display the gay exhibit from Anchorage and noted, the library should not take on a controversial issue nor does the library have space for such an exhibits. The new Items 8 and 9 would address those requests when they are presented. MOTION: Commissioner Rodes MOVED to approve the revised Library Regulations and Policies. Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Special Meeting Commissioner Heus noted the next Commission meeting was scheduled for November 5 and Jankowska would be out of town. She suggested, since Kluge was scheduled to report on the addition schematic, it would be important for Jankowska to be present. Heus recommended a special meeting be scheduled or the regular meeting be changed. Discussion took place and it was suggested the regular meeting be changed to November 13. MOTION: Commissioner Brenckle MOVED that the regular meeting be changed from November 6u~ to November 13, 2001 pending Bill Kluge's availability and City Council's approval. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. JankOwska stated she would meet with the City' Clerk to assure there is no conflict with the November 13th date and also to get the requested change on the City Council agenda. Jankowska will also check with the La Shot to see if Kluge would be available. ITEM 8: COMMISSIO~R COMMENTS! OUESTIONS Brenclde stated she was excited about the new film club and listed some classic and foreign films she owned and would be happy to share. Rodes indicated the November 13th meeting date would work better for her as she has a class on November 6th. LIBRARY COMMISSION MEETING MINUTES OCTOBER 2,2001 PAGE 3 Amen stated she was happy to see the children story telling segments return. DeForest stated the Kenai Historical Society was given permission to house their scrapbook at the library. DeForest will do the cataloging. ITEM 9- INFO~TION Kenai City Council Action Agendas of September 5 and 19,2001. ITEM 10: ADJOURNMENT MOTION: Commissioner Brenckle MOVED for adjournment. There were no objections. ORDERED. SO The meeting adjourned at 8' 10 p.m. Minutes prepared and transcribed by: Barbara Roper, Contract Secretary LIBRARY COMMISSION MEETING MINUTES OCTOBER 2,2001 PAGE 4 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 REPORT FOR SEPTEMBER, 2001 CIRCULATION Adult Juvenile Fiction 1843 Non-Fiction 1451 Periodicals 39 Cassettes Intemet Access CDs 210 766 7O Kits 7 Total Printed Materials ............. 5891 Total Circulation ............................ 7810 369 297 Misc. 57 Easy Books 1554 338 Puzzles 2 Videos 807 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 7 66 8 5 19 Purchases 88 23 7 5 Total Additions .................................. 228 INTERLIBRARY LOANS Ord er ed R ec ei v ed Retum ed Books 12 4 9 INTERLIBRARY LOANS BY OUR LIBRARY ............ 49 INTERNET USE ......... 766 VOLUNTEERS Number .....8 Total Hours ..... 155 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,328.15 251.50 203.85 Total Income for September, 2001 ............ $1,783.50 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued September, 2001 Kenai 190 Anchor Point 1 Clam Gulch 1 Kasilof 19 Nikiski 47 Ninichik 1 Seward 2 Soldotna 50 Sterling 9 Other 84 Total 404 Library Patronage .... 6,806 Persons Adult Programs ........47 Persons Childrens' Programs... 111 Persons KENAI PARKS/h RECREATION COMMISSION OCTOBER 4, 2001 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROV~ OF MINUTES - September 6,2001 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Debbie Sonberg-- 2002 Park Development Proposal Brett McDonald -- BMX Park ITEM 5: OLD BUSINESS a. Discussion -- Left Hansen Memorial Park ITEM 6: NEW BUSINESS ITEM 7: REPORTS ao Commission Chair Director City Council Liaison ITEM 8: COMMISSION Q~TIONS/h COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ao Council Action Agendas of September 6 and 19, 2001. Beautification Comm~ittee Minutes of September 11,2001. ITEM 11: ADJOURNMENT KENAI PARKS & RECREATION COMMISSION OCTOBER 4~ 2001 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIRMAH TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1' CALL TO ORDER ~ ROLL CALL Chairman Wisniewski called the meeting to order at 7:00 p.m. Members Present: Wisniewski, Gilford, Sandahl, Hultberg Members Absent: Baxter, Castimore, Steiner Others Present: Councilwoman Porter, Director Frates, Contract Secretary Roper ITEM 2' AGENDA APPROVAL Frates requested the Cunningham Park Site Plan Concept be added under New Business, Item 6-a. The agenda was approved with the addition. ITEM 3: APPROVAL OF MINUTES- September 6, 2001. The minutes were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD Debbie Sonberg-- 2002 Park Development Proposal Ms.' Sonberg was not in attendance. 4.b Brett McDonald -- BMX Park McDonald presented a proposal for a BMX park and indicated the old fire training ground by the high school as his the proposed site. McDonald provided a schematic of a BMX park he downloaded from the Intemet and stated his proposed park would be the same size. In addition to the two sheets of signatures of uSers and parents who are in favor of a BMX Park (which he provided), McDonald stated there are several businesses in the community who have offered to help with building, sponsoring events, etc. Discussion took place on the proposed site and Frates reported it was currently a Conservation Zone and the issue would have to go before the Planning and Zoning Commission to determine whether or not it could be rezoned. It was noted the site was large enough to house a BMX park, a skate park and possibly a dirt jump area. It was also noted the site was large enough for a parking area. Discussion also took place on an alternative site and it was noted the proposed site was more favorable due to its close prommity to other recreational sites, restaurants, etc. McDonald stated he would like to see the area fenced to prohibit motorized vehicles from destroying the dirt jump area. Discussion took place on a fence and Councilwoman Porter stated she felt a fence may take away from the area and suggested perhaps some landscaping instead. It was noted the next step would be to take the issue to the Planning and Zoning Commission and Councilwoman Porter stated that she would inform the Council of the request as well. MOTION: Commissioner Hultberg MOVED to approve the concept of the BMX Park and to pursue alternative locations if the fire training grounds are 'deemed unsuitable. Commissioner Sandahl SECONDED the motion. VOTE: I Baxter Absent Castimore Absent ...Wisniews~ Yes Gifford Yes Steiner Absent Sandahl Yes Hultber§ Yes MOTION PASSED UNANIMOUSLY. ITEM 5' OLD BUSINESS 5-a. Discussion -- Left Hansen Memorial Park Frates referred to the draft Policy and Procedure for Left Hansen Park which was included in the packet. Hultberg stated he visited the Park and reported the Tumage rock looked very nice. Frates reported the Schremer's would like to donate a bench to the Park. MOTION: Commissioner Gifford MOVED to approve the revised Policies and Procedures for Left Hansen Memorial Park. Commissioner Sandahl SECONDED the motion. VOTE: Gifford , Yes Sandahl lYes Steiner Absent Hultber§ Yes Wisniewski Yes [ Castimore Baxter Absent Absent PARKS & RECREATION COMMISSION MEETING OCTOBER 4, 2001 PAGE 2 MOTION PASSED UNANIMOUSLY. Commissioner Hultberg stated the only eyesore in Left Hansen Park was the water fountain and suggested something be done with it. ITEM 6: NEW BUSINESS Discussion -- Cunningham Park Site Plan Concept. (This item was added at the beginning of the meeting.) Frates provided the Commissioners with a draft site plan proposal prepared by the Department of Natural Resources for a boat ramp adjacent to Cunningham Park. After review and discussion, it was recommended a buoy{s) be introduced in the river in front of Cunningham Park to control traffic and protect the bank fishers. Councilwoman Porter stated the issue would be discussed at the next council meeting and she would bring up the issue of buoys at that time. ITEM 7: REPORTS 7-a. Commission Chair-- Wisniewski explained Debbie Sonberg's proposed park (Item 4-a) location would be thc vacant foreclosed lot off Kaknu Drive. Frates provided a map of the exact location and added he believed that Sonberg was more interested in a greenbelt type situation with perhaps a picnic table and some trees. After a brief discussion it was noted that Sonberg would have to provide a park plan.to the Commission for review. 7-b. Director-- Frates reported the following: · City Council approved $3,600 to Chumley's to clear the Bernie Huss Trail and Municipal Park. Sandahl stated the Bernie Huss Park looked great and the equipment moved to East End Trail was being used. Red Ribbon Week is approaching and there will be a dance on Friday, October 19th. If anyone wants to volunteer to chaperone, contact Frates. · Men;s basketball will begin on November 12th. · The 2002 APRA will be held in Homer and Frates was asked to serve as a liaison between the APRA Board and the City of Homer. Frates thought this would be good experience for him in preparing for a convention in the event it would be held in Kenai again. · The dip net fishery report will be available soon and the total revenues are available for review if desired. · The gym and racquetball floors were recently repainted and look very nice. PARKS & REC~ATION COMMISSION MEETING OCTOBER 4, 2001 PAGE 3 7-c. City Council Liaison -- Councilwoman Porter reported she was pleased to have the brush clearing approved for both Bernie Huss Trail and Municipal Park. Commissioner Hultberg left at 7'55 p.m. ITEM 8' , ,, COMMISSION QUESTIONS/h COMMENTS Commissioner Sandahl stated he would not be available for the November meeting. Chairman Wisniewski stated Castimore would probably miss the next few months as well. Commissioner Gifford asked about Skateboard Park certification being available only Monday through Friday. Frates stated he changed the schedule and certification was now available on Saturday as well. hour. Director Frates stated Council voted to keep the ice rink rate at $85.00 per ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None ITEM 10- INFORMATION 10-a. Council Action Agendas of September 6 and 19, 2001. 10-b' Beautification Committee Minutes of September 11,2001. ITEM 11: ADJOURNMENT MOTION: Commissioner Sandahl MOVED for adjournment and Commissioner Gifford $~2ONDED the motion. There were no objections. 80 ORDERED. The meeting adjourned at 7:55 p.m. Minutes prepared and transcribed by: Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING OCTOBER 4, 2001 PAGE 4 c) KENAI BEAUTIFICATION COMMITTEE OCTOBER 9,2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ***AGENDA*** ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES -- September 11,2001 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- OLD BUSINESS Discussion -- Facility landscaping/Kenai Police Department Discussion-- Banners ITEM 6- NEW BUSINESS ITEM 7: REPORTS Committee Chair Parks/h Recreation Director Kenai City Council Liaison ITEM 8' OUESTIONS AND COMMENTS ITEM 9' INFORMATION Parks & Recreation Commission Meeting Minutes of September 6,2001 City Council Action Agendas of September 5 and 19, 2001. ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE OCTOBER 9,2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIRPERSON MARILYN DIMMICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER ih ROLL CALL Chairman Dimmick called the meeting to order at 7:00 p.m. confirmed as follows: The roll was taken and Members Present: Members Absent: Non-Voting Members Absent: Others Present: Dimmick, Nelson, Buffington, Rogers, Hett, Tunseth Brown Overturf Parks & Recreation Director Frates, Department Assistant Harris ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES -- September 11,2001 The minutes were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD--None ,,, ITEM 5: OLD BUSINESS 5-a. Discussion -- Facility Landscaping/Kenai Police Department The Committee spoke briefly regarding the Kenai Police Department landscaping project. After a discussion concerning soil conditions and potentials of watering schedules, and sunlight, the Committee agreed a hearty shrub-type plant would be best suited for the area in mind. The Committee unanimously agreed for DireCtor Frates to make the final decision on the type of shrub to be planted, but a cotoneaster or similar shrub was encouraged. 5-b. Discussion- Banners Director Frates reported no new developments had been made regarding the banner project. The Committee spoke briefly of the high expense of new banners and considered the possibility of obtaining 2)usiness sponsors' for new banners. Member Tunseth stated she would bring this idea to the attention of the Chamber of Commerce. Additionally, Members Nelson and Hett offered their help in researching new contractors to make banners. ITEM 6' NEW BUSINESS -- None ITEM 7: REPORTS ,, 7-a. Committee Chair-- Chairman Dimmick stated her concern regarding the new projects and additional responsibilities the Committee was acquiring. The Committee briefly discussed the added areas and the impact these additions will have on weeding and watering schedules. 7-b. Parks ~ Recreation Director-- Frates reported on the following: · The policies and procedures manual for the Leif Hansen Memorial Park had recently been reviewed and suggested modifications made. Frates briefly reviewed the suggested changes and additions. Dimmick suggested adding wording to Procedure No. 7, "as was originally intended" to avoid the idea the policy.is a new policy. · Eleven new Christmas (pole) decorations were ordered and fourteen old decorations are scheduled for refurbishing prior to use. Kenai City Council Liaison -- No report ITEM 8: QUESTIONS AND COMMENTS The Committee requested the December Committee meeting to be canceled. stated she would contact Councilwoman Swarner to discuss the request. Dimmick ITEM 9' INFORMATION ,, Parks & Recreation Commission Meeting Minutes of September 6,2001 City Council Action Agendas of September 5 and 19,2001. ITEM 10: ADJOURNMENT The meeting adjourned at 7:40 p.m. Minutes transcribed and prepared by: Sharon M. Harris, Department Assistant' BEAUTIFICATION COMMITTEE MEETING OCTOBER 9,2001 PAGE 2 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 3, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us. I/ ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail 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) . Borough Assembly President Tim Navarre -- KPB Ordinance No. 2001- 29, Amending KPB 2.40 Regarding Planning Commission Membership and Apportionment. ITEM C: PUBLIC HEARINGS , Resolution No. 2001-73 -- Adopting an Alternative Allocation Method for the FY01 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. . Resolution No. 2001-74-- Transferring $3,600 From General Fund Contingency to the Parks Department for Brush Clearing. e Resolution No. 2001-75 -- Awarding the Bid to Pacific Detroit Diesel for a Public Safety Building Standby Generator - 2001 for the Total Amount of $20,460.00. . Resolution No. 2001-76 -- Prioritizing Capital Projects in the Community for Submission to the State of Alaska for FY 2003 Funding Under the Capital Project Matching Grant Program {AS 37.06). e Resolution No. 2001-77 -- Supporting Capital Improvement Projects in the Community for Submission to the State of Alaska for FY 04-06 Funding Under the State Transportation Improvement Program, STIP. -1- . ITEM D: o 2. 3. 4. 5. 6. 7. ITEM E: . ITEM F: ITEM G: ITEM H- . . . . o . e e Resolution No. 2001-78 -- Awarding the Bid to Steve Rutherford Flooring for Kenai Senior Center Carpet Replacement - 2001 for the Total Amount of $20,247.00. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks as Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report MINUTES *Regular Meeting of September 19,2001. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1936-2001-- Finding that Certain City-Owned Airport Land, Identified as Tract A, Baron Park Kenai Youth Facility Addition, Located at the Marathon Road and HEA Access Road Intersection in Kenai, Is Not Required for a City Public Purpose But Is Needed for a Public Purpose for the State of Alaska. *Ordinance No. 1937-2001 -- Increasing Estimated Revenues and Appropriations in the General Fund Land Department by $325,000 for Purchase of the Youth Detention Facility Property From the Airport Land System Special Revenue Fund. *Ordinance No. 1938-2001 -- Amending the Land Use Table and Footnotes at KMC 14.22.010 to Provide Residential Uses in the Central Commercial Zones and to Allow Dormitories and Boarding Houses in Commercial Zones. Approval -- Lease Application/Julie Latta-- Lot 8, Block 2 Cook Inlet Industrial Air Park. -2- 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 EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 3, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS~ PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'02 p.m. in the Council Chambers in the Kenai City Hall Building. A-lo PLEDGE OF ALLEGIANCE Mayor Williams led 'those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Moore and Porter. Present were: Bannock, Williams, Bo.okey, Swarner, A-a. AGENDA APPROVAL Mayor Williams noted a letter included with the council's packets from McKay Properties suggesting an alternative property as a possible site for a boat ramp on the lower river. Councilman Bookey noted a great deal of that property is wetlands and probably wouldn't allow the usage that would be needed to accommodate the users. Williams a/so noted, McKay Properties is a real estate agent requesting a sole source purchase which could have ramifications. Williams requested administration to review the issue and report back to council. Mayor Williams requested the following changes to the agenda: POSTPONE: SUBSTITUTE: ADD TO: B- 1, Tim Navarre -- Postpone until 10 / 17 / 01. C-2, Resolution No. 2201-74-- Wording change: "Memorial" to "Municipal." C-5, Resolution No. 2001-77 -- Additional information describing the projects discussed in the resolution. MOTION: Councilwoman Swamer MOVED for approval of the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 2 MOTION: Councilwoman Swamer MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMENTS B-lo Borough Assembly President Tim Navarre -- KPB Ordinance No. 2001- 29, Amending KPB 2.40 Regarding Planning Commission Membership and Apportionment. Postponed to October 17, 201. ITEM C: PUBLIC HEARINGS ,, C-lo Resolution No. 2001-73 -- Adopting an Alternative Allocation Method for the FY01 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-73 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. C-2o Resolution No. 2001-74 -- Transferring $3,600 From General Fund Contingency to the Parks Department for Brush Clearing. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2001-74 (the substitute) and Councilwoman Swarner SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 3 C-3o Resolution No. 2001-75 -- Awarding the Bid to Pacific Detroit Diesel for a Public Safety Building Standby Generator - 2001 for the Total Amount of $20,460.00. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2001-75 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4o Resolution No. 2001-76 -- Prioritizing Capital Projects in the Community for Submission to the State of Alaska for FY 2003 Funding Under the Capital Project Matching Grant Program {AS 37.06). MOTION: Councilwoman Swamer MOVED for approval of Resolution No. 2001-76 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Concerns were noted the projects referred to in the resolution could be understood as the city's first priority rather than the coastal trail/bluff restoration project. It was explained the resolution indicated the street improvement program as the area where council wants capital matching funds to go. It was also explained, Resolution No. 2001-77 indicated funds received from the State Capital Project Matching Grant Program would be used as the ten percent match for city street projects. Approximately $700,000 of awarded funds had been collected in the Street Improvement Program Fund for future use. VOTE: There were no objections. SO ORDERED. Resolution No. 2001-77 -- Supporting Capital Improvement Projects in the Community for Submission to the State of Alaska for FY 04-06 Funding Under the State Transportation Improvement Program, STIP. MOTION: KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 4 Councilwoman Swarner MOVED for approval of Resolution No. 2001-77 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Public Works Manager Komelis explained the resolution listed city projects (other than the coastal trail) that have been in the STIP program for several years. It was learned more priority points could be received, if more information was given and if city funds were added. Komelis added, the coastal trail wasn't included because the one percent match would be $1 million. VOTE: There were no objections. SO ORDERED. C-6o Resolution No. 2001-78 -- Awarding the Bid to Steve Rutherford Flooring for Kenai Senior Center Carpet Replacement - 2001 for the Total Amount of $20,247.00. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2001-78 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Porter reported the minutes of the last meeting were included in the packet. D-2. Airport Commission -- Swarner reported the unapproved minutes of the Commission's September meeting were included in the packet. She noted the Commission would be discussing the exodus of private planes from the airport at their next meeting due to concerns expressed by Councilwoman Porter. A brief discussion took place regarding the float plane basin and it was explained an expansion was in the CIP long-range plan for improvement monies which would require environmental studies. Vandalism concerns were discussed briefly and it was noted Airport Manager Cronkhite and Police Chief Moms had discussed security issues as well as at the KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 5 Airport Commission. Cronkhite reported federal funding is available for improving fences and gate systems which she would be doing for other security reasons, but would aid in the vandalism concerns. Williams noted comments in the minutes regarding the condition of equipment at the airport restaurant. Cronkhite reported the current lessee had some concerns, but others interested in the space did not have the same concerns. Administration had been discussing advertisement of the space and the process of bidding the facility. D-3. Harbor Commission -- Bookey noted the next meeting was scheduled for Monday, October 8,2001. D-4. Library Commission -- Library Director Jankowska reported a meeting had been held on Tuesday, October 2 in which the Commission discussed changes in the library regulations which would be coming forward at the next council meeting. D-5. Parks ih Recreation Commission -- Porter reported the next meeting was scheduled for October 4, 2001. D-6. Planning ih Zoning Commission -- Porter reported she attended the meeting (minutes were included in the packet } for Bannock and reviewed the actions taken: Two home occupation permits were approved for day cares {administration is checking non-permitted day cares within the city through the state's website). · Requested a resolution be brought forward for consideration to amend code requirements for the cost of a conditional-use permit (costs for certified mailings are often not covered by the permit application costs). · Approval of a lease application for development of a lodge along Willow Street for Julie Latta. Williams requested administration review the grand total of revenue derived from the issuance of conditional use permits. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meetin§ would be held on October 9 and requested one of the council members attend in her place. D-7b. Kenai Convention/h Visitors Bureau Board -- Bookey reported a meeting was scheduled for October 17 and those interested in an appointment to the Board should contact the director. Williams reported a representative of EDA would be coming to Kenai in the near future and would be meeting with Williams and Snow to discuss availability of grant funds for projects, i.e. addition to the KCVC, coastal trail, library, etc. KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 6 D-7c. Alaska Municipal League Report -- None. ITEM E: MINUTES E-X. Regular Meeting of September 19, 2001. Approved by consent agenda. ITEM F: CORRESPONDENCE-- None ITEM G: OLD BUSINESS-- None ITEM H: NEW BUSINESS H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swamer MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. .. H-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1936-2001-- Finding that Certain City-Owned Airport Land, Identified as Tract A, Baron Park Kenai Youth Facility Addition, Located at the Marathon Road and HEA Access Road Intersection in Kens_i, Is Not Required for a City Public Purpose But Is Needed for a Public Purpose for the State of Alaska. Introduced by consent agenda. H-4o Ordinance No. 1937-2001 -- Increasing Estimated Revenues and Appropriations in the General Fund Land Department by $325,000 for Purchase of the Youth Detention Facility Property From the Airport Land System Special Revenue Fund. Introduced by consent agenda. KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 7 H-5. Ordinance No. 1938-2001 -- Amending the Land Use Table and Footnotes at KMC 14.22.010 to Provide Residential Uses in the Central Commercial Zones and to Allow Dormitories and Boarding Houses in Commercial Zones. Introduced by consent agenda. H-6o Approval -- Lease Application/Julie Latta-- Lot 8, Block 2 Cook Inlet Industrial Air Park. Snow referred to the memorandum included in the packet which explained the applicant's intention to remodel the building on property she was currently leasing and make it into a lodge. The applicant initiated the process to purchase the lot and wants to lease the adjoining lot (Lot 8, Block 2, CIIAPI for future expansion of the lodge. Snow noted the Planning &, Zoning Commission determined the intended use complied with the zoning ordinance and Comprehensive Plan. MOTION: Councilwoman Porter MOVED for approval of the lease and Councilman Bookey SECONDED the motion. Latta was in the audience and explained her plan to develop a lodge with 25 rooms with the lease of the rear lot to be used for future expansion. VOTE: There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor-- Williams repOrted the following: · Noted the Department of Community and Economic Development letter included in the packet regarding the 2001 Full Value Determination. There were no objections to the determination. · Requested the city to waive fees for permits the second phase of the Challenger Center. It was noted the building permit could be as much as $20,000. Bookey noted he had no objections as he believed the benefits of the facility outweighed the cost of the fees. MOTION: Councilman Moore MOVED to waive the fees for the addition and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 8 · Requested a joint work session with council, Harbor Commission and Planning & Zoning Commission as well as administration and members of the Petratrovich, Nottingham & Drage engineering firm to develop a strategy for the coastal trail project. He added, due to the importance of the project, he wanted to develop a structure to encourage a constant flow of information from the engineer to the administration, Commission, and council and suggested one of the members of the Commission be designated to report to council in addition to the council liaison. Williams requested Komelis to discuss dates on which to hold the session with the Commission and the engineers. Discussion followed regarding the project and it was noted the permitting process was stopped in order for the engineers to respond to the questions raised from agencies, etc. The process would not begin again until the city decides to go forward. · Requested an informal reception be held on October 11 to celebrate the 20th anniversary of city hall and requested Porter and Swarner to assist the Clerk in planning the event. Council had no objections. I-2. City Manager-- Snow reported the following: · The Governor activated the Alaska National Guard to provide additional security at the state's airports, however the Kenai Municipal Airport was not required by the FAA to provide security and not eligible to receive Guard security. Snow explained, the city hired additional security personnel at the airport and since October 1, the airport was required to support security screening operations for ERA Aviation flights. Through discussions with FAA and the Governor's office, the city was requested to apply for additional security in the event smaller airports were opened up as part of the project. · The Parks & Outdoor Recreation's concept drawing of a new boat launch on the lower river, adjacent to Cunningham Park was received. The drawing and proposed project would be forwarded to the Harbor, Parks & Recreation and Planning & Zoning Commissions for review prior to coming to the council. It was requested a copy be hung in the council chambers for review during the anniversary reception. · She advised Mark Kuwada (Fish & Game) council tabled the resolution regarding the purchase of the proposed conservation easement from the city, the construction of a boardwalk and wildlife viewing platform, and construction of a new access road to the city boating facility. According to council's direction, she discussed the possibility of the city retaining two of the upper parcels and widening the 50' easement adjacent to the state right of way. She was informed by Kuwada, those possibilities had been previously considered and were rejected and they were again rejected. Kuwada explained he didn't feel the two parcels could be excluded as they were the entire reason for the conservation easement due to their being prime viewing areas. A brief discussion followed where Snow explained the state would be purchasing a conservation easement (which would include the three parcels of property, but the city KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 9 would retain titles to the properties) for approximately $250,000 and those funds would be used to build the roadway access to the boating facility. The bird viewing platform would be built by Fish & Game with Exxon Valdez funds. Bookey stated he believed council should put a hold on the issue as he didn't want to give the rights to the properties away for $250,000 and the viewing platform as he believed the properties were much more valuable. 1-3. Attorney-- Graves reported, in an effort to collect overdue traffic fines, his department attached 594 Permanent Fund Dividends with notices being marled earlier in the week. He noted, they had received several telephone calls from the recipients of the letters and would know around the end of October as to how much money would be received back to the city from their efforts. I-4. City Clerk -- Reported the Canvass Board would meet on Tuesday, October 9 at 10:00 a.m. to count absentee by-mail, absent in-person, special needs, and questioned ballots. I-5. Finance Director-- No report. 1-6. Public Works Managers -- Komelis -- No report. La Shot -- Reported the paving had been completed at the ice rink. Due to supplier problems, the metal building package had been delayed, but upon receipt around October 24, it should be placed within a week. Ice should be available early in November. I-7o Airport Manager-- None. ITEM J: DISCUSSION J-X. Citizens-- None. J-2. Council -- Bookey -- Requested First, Second and Third Avenues be graded before winter. Kornelis reported gravel was being brought in to bring the level of the roads up so there would be less problems in the spring. swarner -- · Reported she visited the shop area recently and suggested other council members do as well. · She attended the Fish & Wildlife Refuge 60th anniversary reception which was well attended. · Referred to the DCED Full Value Determination and asked Acting Finance Director Feltman to investigate how much of the personal property would be KENAI CITY COUNCIL MEETING OCTOBER 3,2001 PAGE 10 assessed on airplanes at the airport. based on anything that moves. Moore indicated personal property assessment is Moore -- · Commended Bannock and Williams on their well-run campaigns, adding he looked forward to continuing working with both of them. · Commented on the mowing having to be done along Forest Drive and Redoubt by the Parks Department. It was noted costs for that maintenance would be discussed during budget considerations. Porter-- Requested a report be given about the south side of the river, i.e. conditions during dip net season, in order to be better prepared for next year. She suggested a committee be formed to address the issues (dip net issues, working with the state in regard to placing a road to the beach, etc.) in that area and requested it be done in the near future. Williams requested Snow brief herself in regard to access to that beach. Bannock -- Stated it had been a pleasure running against Williams in the mayoral race and congratulated Amy Jackman on her election to council. Williams -- Noted the following: · Stated it was an enjoyable mayoral race. · Acknowledged council will have to consider building a new shop facility some time in the near future. · Visited with the local drag racing group and they would like to have an area set aside for racing other than oval track, but located close to the oval track. He suggested further investigation be taken in regard to properties available, etc. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 8'36 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z Z ~.o o o uJ w I- z LI.I Z w "1" 0 0 z ~ 0 o o o o o o co 03 o uJ uJ n,' 0 n,' LU 0 W uZ -- ,,' 0 ~ 0 Z ~ w o > Z Z w ~' < 'q o o o 0 n,' Z -- W 0 n,' ~ Z uJ n ~ ~ :~ -r' (9 0 ~ Z 0 I-.- I--. LU ._1 Z ._1 Z Z 0 n,' ~ o w ~: ~ 0 ~ 0 ~ -r- o. I- Z iii o o n w LU Z 0 0 W 0 0 I 0 0 0 0 uJ T' LU UJ UJ UJ r~ 0 o o o o co t,.. to o o tu 0 w z < 0 ,,:C 0 LU n,' ~ n,' n LU n r~ n 0 n,' Z z -- W Z > Z 0 -- 0 N ~ 0 -- z e,~ !-- ~ w ~ z LLI !-- -- n,' n,' --I-- n 0 Z Z ~ 0,. ::> ~ n 0 ~ rn z ~ ~> z LIJ 0 n,' Z ~ -- w 0 0.. n,' ~> Z ~ (.9 0 ~ ~ ~ Z ~ ~ ~ ~ Z Z Z 0 ~ m ~ o w ~ < ~ 0 < ~ LLI LLI Z 0 0 LLI 0 0 ! 0 0 0 0 0 LLI ILl ILl CITY OF KENAI ORDINANCE NO. 1939-2001 Suggested by: Coun // AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~, FINDING THAT CERTAIN CITY-OWNED FORECLOSED LAND, IDENTIFIED AS LOT 2, BLOCK 1, KAKNU KORNERS, IS NEEDED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai has acquired Parcel 045-130-25, Lot 2, Block 1, Kaknu Korners, through foreclosure; and WHEREAS, Marlene H. Dean & George S. Hurley were the former owners and have been notified pursuant to KMC 22.05.090 (c); and WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council; and WHEREAS, the property is needed for a future park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned foreclosed land, identified as Lot 2, Block 1, Kaknu Komers, is needed for a City public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7t~ day of November, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (10/11/O1)kh Introduced: Adopted: Effective: October 17, 2001 November' 7, 2001 December 7, 2001 Suggested by: Administr, City of Kenai ORDINANCE NO. 1940-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $45,500 IN THE GENERAL FUND FOR ICE MAINTENANCE. WHEREAS, the City of Kenai solicited bids for ice maintenance and refrigeration technician services at the Multi-purpose Facility; and WHEREAS, only one bid was received; and WHEREAS, the bid is $45,500 more than the $40,000 budgeted for ice maintenance; and WHEREAS, funds are available in the General Fund fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, increase estimated revenues and appropriations in the General Fund as follows: General Fund Increase Estimated Revenues' Appropriation of Fund Balance $45,500 Increase Appropriations: Recreation Dept. - Professional Services $45,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17t~. day of October, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/12/01) sj Introduced: Adopted: Effective: October 17, 2001 November 7, 2001 November 7, 2001 CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 MEMORANDUM TO' FROM: DATE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Directo~ October 12, 2001 Ice Maintenance & Refrigeration Technician Services Bid Bids for services for a qualified Ice Maintenance and Refrigeration Technician to perform custodial, ice, zamboni, and refrigeration maintenance at the Kenai Multi-Purpose Facility were solicited from September 14, 2001 until 2'00 p.m. October 9, 2001. A single bid was received. Based on the proposal, staffing would include 126 hours per week, Monday through Sunday and a monthly cost of $15,357.75. At this rate, we would have to sell 6 hours of ice time each day at $85.00 ($510.00/day, $15,810.00/month) to cover our maintenance expense. The overall cost to the City in the proposed bid is in access of our budgeted amount. Currently, we have budgeted $40,000 for ice maintenance. There is a shortfall of $45,000. If we were to proceed with this project, additional money would need to be appropriated. Suggested by: Administr ...... City of Kenai ORDINANCE NO. 1941-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUE AND APPROPRIATIONS BY $12,000 IN THE WATER AND SEWER FUND FOR A WATER RATE STUDY. WHEREAS, the City of Kenai has a contract for a Wastewater Facility Master Plan with CH2M Hill; and WHEREAS, it is in the best interest of the city to include a water rate study in the contract; WHEREAS, funds are available in the Water and Sewer Special Revenue Fund fund balance. 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 Special Revenue Fund Increase Estimated Revenues' Appropriation of Fund Balance $12,000 Increase Appropriations: Water- Professional Services $12.000 · PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance:~~~_ 10/12/01) sj Introduced: Adopted: Effective: October 17, 2001 November 7,2001 November 7,2001 CITY OF KENAI BOARDS~ COMMISSIONS & COMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS/h COMMITTEF~ Council on Aging Airport Commission Harbor Commission COUNCIL LIAISON Planning & Zoning Commission Beautification Committee Councilwoman Porter Councilwoman Swarner Councilman Booke¥ Library Commission Councilman Moore Parks & Recreation Commission Councilman Porter Councilman Bannock Councilwoman Swarner OTItl!iRS: Kenai River Special Mana§ement Advisory Board (KRSMA) . Economic Development District (EDD) Cook Inlet Regional Citizens Advisory Council (CIRCAC) Kenai Visitors & Convention Bureau Board Challenger Center of Alaska Board City Manager Snow Mayor Williams John Douglas Councilman Bookey Mayor Williams Councilman Bannock nal Municipal Airport Memo From: D~te: Subject: Airport Commission Rebecca Cronkhite- Airport Manager October 4, 2001 Aircraft Personal Property Tax Councilwoman Porter requested that Airport Commission revisit the issue of pemonal property tax on aimraff. Attached is a fa~ sheet previously pmsentc~l to Commission at their February 10, 2000 meeting. Also included are the meeting minutes for your roview. The final attachment to this memo is a report on tie-down revenues collected since 1993. Current records are available for the number of tie-down tenants; however those numbers were not tracked prior to 1999 so long term evaluations must rely on revenues collected. A subject closely related to the tax issue is a tie-down fee. As reported at previous Commission meetings, I am working with the Finance Director to establish a new fee schedule for tie-downs. This action is prompted b~ the addition of electrical tie downs; however, all tie-down fees will be reviewed and compared to rates at competing airports. A new fee schedule will be presented at the November Commission meeting. w~-w. ci. kenai.ak, us. City of Kenai Personal Property Tax Aircrnft The City of Kenai has a property tax of 3.5 mils (.0035) on the value of real and personal property located in the City. When the mil rate is applied to property with a value of $100,000 the tax is $350.00. All tax revenue generated goes to the City General Fund. The Kenai Peninsula Borough is responsible for assessment, billing and collection. The Borough exempts the first $ I00,000 of assessed value of personal properO~, however, the City has not adopted this exa~ption. Taxable personal property includes all business personal property and non-business owned airplanes and boats. It does not include household items, snow machines, four wheelers or similar items unless they are uszd in a business. The tax on motor vehicles is based on a sch~ule of vehicle types and age. It is collected by the State DMV at the time of registration. The Borough Assessing Depm'nnent makes regular inspections of the Airport to determine sims on aircmR. Situs is established when property is in the City for more than 90 days in a calendar year. Aircraft are valued by the Borough appraiser according to an 'online price index'. Condition, ifknown, is considered in the valuation. Al~ves to the current ad velontm tax include exemption and flat tax. Aircraft based outside the Borough which are involved in scheduled air transportation are valued according to the amount of time the aim=aR is in our jurisdiction. Assessment questi~ need to be addressed to the Borough A.~sessor. The following are statistim ~ personal property and aircraR in Kenai for fiscal year 2000: Total assessed value of all personal property Total assessed value of Aircraft Total A/V of 26 Commercial Aircrnfl Total AN of 39 personal aircraft Total Tnx on personal aircrnfl Average tax on each personal aircraft $$?,542,524 $ 131,~99 $ 7,224,175 $ 25,284 $ 5,892,449 20,624 $ 1,331,'/26 $ 4,660 $ 120 Prepared by:. La~ Semmens, Finance Director KENAI A!I/PORT COMMISSION FEBRUARY 10, 2000 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHA~ HENRY KNACKSTEDT, PRESIDING I,TEM 1: CALL TO ORDER AND ROLL CALL The meeting was called to order at appro~mately 7:01 p.m. Roll was called as follows: Present: Holloway, Bielefeld, Knackstedt, Van Zee, Haralson, Copple, Favretto (arrived a~ 7:04 p.m.) Others Present: City Clerk Freas, Councilwoman Swamer, Airport Manager Cronkhite and Finance Director Semmens ITE, M 2: AGENDA APPROVAL Chair Knackstedt requested Doug Olson be added as Item 4-b. He noted Olson s discussion would be about T-hangars at the airport. MOTION: Commissioner Van Zee MOVED to approve the agenda as amended and Commissioner Haralson SECONDED the motion. There were no objections. ~O ORDERED. APPROVAL OF MINUTES -January 13, 2000 MOTION: Commissioner Haralson MOVED for approval of the minutes as presented and Commissioner Bielefeld SF~ONDED the motion. There were no objections. SO ORDERED. rrEM 4: PERSONS SCHEDULED TO BE HEARD I4-a. Finance Director Larry Semmens -- Airplane Personal Property Laws Tax Semmens distributed a fact sheet with information regard/ng the City of Kens/Personal Property Tax for Aircraft and reviewed it with the commissioners. He noted, the City of Kens/levies a tax of 3.5 mils on the value of real and personal property located in the city which would tenerate $350 on a $100,000 value. Semr._ens added, all the revenues from the property tax were deposited to the General Fund and that the Borough collected the taxes for the city. Sero_mens explained, the confusion generated was due to the Borough's exemption of the first $100,000 of personal property and the city had not adopted that exemption. Confusion was also generated because taxable personal property included all business personal property and non-business owned airplanes and boats. He noted, boats were taxed differently by the borough as well, i.e. boats were taxed on a flat-tax basis by the borough and the city taxed those items at 3.5 mils. Semmens noted, to determine situs (established when property is in the city for more than 90 days in a calendar yeart of the aircraft, the Borough Assessing Department inspected the Kenai airport and the planes were then valued according to "o~line price index." The Assessor also notes the condition of the plane, ff the owner doesn't include lthat information on the personal property, tax form. ,Air~a~ not,.bas~ed ~_tl~_e B_ o_ro~u_~h, but involved in scheduled air transportation, were vamea accoram§ ~o me amoun~ o~ time the aircraft was in the borough's jurisdiction. Semmens also noted the city had $37,500,000 of personal property assessed in the city which §enerated $131,400 in personal property tax: .A~r. cr ~aft~were valu.ed, at. ~. . 39 personal aircraft). He noted, the per?onal ~a~. _cr~a~. value, was ~ ~,,~.~ l., ~_z~=u=l-ac=~ $4,660 in personal property tax (avera~g to $12o mr each personal alrcran~. Semmens continued, most personal aircraft were exempt under the Borou~ tax because of the $100,000 exemption. He noted, the city could adopt a fiat tax or a total exemptidn on aircraft. Copple asked if the 90 days was continuous or a year's total. Semrnens answered, he believed it depended on whether the owner of the aircraft lived in Kenai or somewhere else. Copple questioned if the assessor checked the planes in the transient parkin$ area. Semmens noted, he believed the owner could dispute being taxed if they parked · -- sient area However, someone livin[~ in Kenai could be taxed when their m the tran · ' a ' · ~ ....... '--~ ~ the o;,~ort less than 90 days because they wouldn t be p .ym[~ ~xeCrsa~;~Pere~~l~s~e~nd it wa""~ their home base. He noted, there were exceptions and he wasn't aware of how the borough would make their determinations. A general discussion followed. It was noted the dries of Seward, Seldovia and Kenai did not offer exemptions. Also that Seward did not offer exemptions for boats because the lack of the tax dollars would substantially hurt their . ces. ose offednS..me_ exemption were the Borough, Soldotna .a~.d .H. om.e.r._ the amount of revenue ($4,660) receivea oy me c~w irom mc p~r~unm pzup~,,~ ,~- ~n aircraft would pay for the summer street banners or one summer employee in the Parks & Recreation Department. Cronkhite reported she had inves _tig_ated. the reas,ons why,planes were p_u~l, ~ye~~ st~o~e transient parking areas and found_.that .lo.u{. p .eopie..mov.ea,o.u._t_ ~e__ca~u_s.e_o~ ~_._~u~4._',.. *en ..... -~ ~--~o,,o- of other reasons she aaaea, she esumatea me mx acacia_ -,,,, ,,.,,,~ - ,- perc'V'~t~oVth""e'~easons why planes were moved out of the airport. It was noted the yearly t/e-down fee was $400, pills_ taxes. C. ror~_~te adde,d,.s.h..e beli~e,_v_e~,_th~er~e__w_.e~._e_ _r who left because they very upset about tl~e mx. ~ne no,em, u mose ma~ ~¢~ v~~= ~ AIRPORT COMMISSION MEETING MINUTES FEBRU~Y 10, 2000 PAGE 2 the tax were to return, it wouldn't affect the airport budget substant/ally. Favretto noted, the tax was only a part of the revenue and pointed out those planes not being at the Kens/Airport would affec~ fuel sales, car rentals, restaurant receipts, etc. Cronkhite noted there had been a total of eight planes removed from the t/e-downs for one reason or another and at least three new planes had leased spaces. She noted, there, were other private fie-down spaces on the airport and she was not aware if 'planes were moved from those businesses due to the tax. Bielefeld noted the revenue lost on the rent of the tie-down space was more than the amount of revenue ga/ned from the tax on a $100,000 aircraft. He added, if the Airport wanted to encoura~ more planes to be fled down at the Kena/Airport, they needed to be competithre with the-Soldolma Airport,. Copple asked if a survey could be taken to find out the reasons why the airport was not being used by private aircraft, i.e. tax, tower, weather, fie-down fees, location, convenience, fuel taxes, etc. Cronkhite answered it was a topic of discussion a/ncc she began working for the city. Through artm!~i~tration's discussions with users of the ai~ort, t.h~ re~ons w~ varied. 81a~ no~d, t.h~ w~'~ ma~y who did mol: like ~ir~lds with tow~, but th~ ~ tho~ who t/e-down fees were competitive with Soldotna. She added, the tax was important to ~ome people ~md oth~J'~ li~d the ~~nifie~ the ~a~ort off~-d and the tax di~'t h~ve a big effect on their derision to stay at the airport. Cronkhite noted, there were several things admin/sUafion was conaider/ng to increase the m-rlre_~__hility of the a/rport. Swarner suggested that if a survey was taken, another question to include would be how to better utili~e the float plane basin. Doug Olson -- T-Hangars Olson stated his address as 44750 Eddie Hill Drive, Soldoma. He stated he believed the tax was t__~,~g away business from the Kenai Airport. Olson explained he was interested in building a ten unit T-hangar and leasing the units could be affected by the tax. If there was no tax, his business as well as others, could be better and the spin-off taxes and sales could create other revenues. Olaon distributed some information about the type and a/ze of a steel builrtl-g he would be wanting to place on a site (56' x 242'). He also noted, he would require an area with a fair _~mount of apron space in order for planes to taxi alongside of the bufl~!-g. Olson pointed out the lot in which he was interested in acqu/z/ng on a plat of a portion of the ~ort prop~'y. He ~td~ he wo~d ~t to po~i~on the ~a~ of the imilding ~t[w~t ~md th~ dom fang north[~outh. Th~ lX~~'y in whi~ la~ ~ interested was hi&hlighted on the plat and was positioned dose to the tower and ~l~roxim~tely 400' long. AIRPO~ COMMISSION MEETING MINtFI'ES FEBRUARY 10, 2000 PAGE 3 AIRCRAFT TIEDOWN REVENUE HISTORY Year 1993 1994 1995 1996 1997 1998 1999 2000 2001 $$Amount $5,971 $8,549 $6,113 $5,888 $5,781 $3,993 $4,316 $4,758 $5,511 2001 ~$~, ' 5.1.~1.~, · 2000 ~.$4;7...S'8' ,, t 1999 $4,3.16 t , i IB'Seri~ i; "'"' .,. , 1995 $6~.113 ~ 1994 ~$8,54~ y 1998 E 1997 A R 1996 .. _ ;sl $0 $2,000 $4,000 $6,000 $8,000 $10,000 , * September 2001 tenants Wheel 8 Floats 5 *September 2000 tenants Wheel 10 Floats 10 10/12/2001 CODE OF ORDINANCES KENAI PENINSULA BOROUGH Codified through Ord. No. 2001-28, adopted Sept. 4, 2001. (Supplement No. 11, Update 2) Title 5 REVENUE AND FINANCE CHAPTER 5.12. REAL PROPERTY AND PERSONAL PROPERTY TAXES 5.12.119. Real property tax--Exemptions--Borouqh mayor--Authority to grant extensions of time-Approve TAR. 5.12.119. Real property tax--Exemptions--Borough mayor--Authority to grant extensions of time--Approve TAR. The borough mayor is delegated the authority to grant extensions of time for filing any of the various exemptions permitted by statute or ordinance. This authority to grant extensions cannot be exercised so as to allow acceptance of an exemption application for years prior to the current year. However, the application, whether timely filed or filed after a grant of extension of time to file, may be held open for consideration through the following year in the event eligibility for the exemption is contingent upon a determination by another entity. If the extension is granted, notwithstanding the foregoing, the application must be filed with the Assessor and this filing must occur within the year for which the exemption is sought. An exemption may not be granted beyond one year from the current tax year. The mayor shall approve requests as required by changes in the tax assessment rolls as prepared by the borough assessor. The mayor shall publish any regulations governing this administrative procedure, and he shall make periodic reports of exemptions and tax adjustment requests to the assembly for its information and acknowledgement as prepared by the borough assessor. (Ord. No. 94-64, § 1, 1995; Ord. No. 81-27, § 1, 1981) 5.12.120. Personal property tax--Levied--Amount.-Statutory authority. All personal property within the corporate limits of the borough which is not exempt from taxation by law or ordinance, is subject and liable to an annual tax, for school and borough purposes, of not more than 8 mills on the assessed valuation of such property, unless the people of the borough by referendum, authorize a tax levy at a higher rate and except as authorized by Section 5.12.250 and the owner thereof shall be liable for payment of the tax. The borough shall collect such tax as is levied on the property within a city by the city council pursuant to law and Charter. (Ord. No. 74-55, § 1(part), i'974; Ord. No. 22, § 2, 1966; Ord. No. 21, § 2, 1966; KPC § 25.05.055) 5.12.125. Personal property tax--Exemptions--First $100,000.00. In addition to other exemptions required or allowed by law, the first $100,000 of assessed valuation of personal property, other than motor vehicles and watercraft, owned by each taxpayer shall be exempt from the borough tax levy on personal property within the borough. For taxpayers with more than one personal property tax account, the $100,000 exemption shall be distributed pro rata amongst all of the taxpayer's accounts based on the proportion of the assessed value in each account to the total assessed value of that taxpayer's personal property. (Ord. No. 97-73, § 3, 1997) 5.12.130. Personal property tax--Exemptions--Household effects. I of 3 In addition to exemptions required by law, the household furniture and effects of the head of a family or a householder are classified and exempted from taxation. Household furniture and effects shall include household applianoes, garden tractors, garden supplies and accessories, noncommercial garage equipment, home workshop machinery and any vehicles not requiring registration or licensing. (Ord. No. 79-36, § 1, 1979; KPC § 25.05.060) 5.12.140. Personal property tax--Declaration forms distributed when. On or before the 1st of January of each year, the assessor shall mail out or otherwise distribute personal property assessment forms to all persons owning personal property in the borough of whom he has knowledge. The failure of the assessor to mail or distribute such forms to any person will not relieve that Person of the duty of making a return. (KPC § 25.05.065) 5.12.150. Personal property tax--Assessments--Boats--Repair exemption--Appeal. .A. Except as provided below, for purposes of taxation, watercraft for which the USCG certificate ~,-"~. of number, U.S. or foreign documentation or registration document, or the ADF&G number have been issued, or other watercraft subject to a tax shall be totally exempted from ad valorem taxes, and shall be taxed in accordance with the following fiat tax schedule. Watercraft shall be measured according to length overall. Watercraft Flat Tax Schedule TABLE INSET: ,,,, , , , , .................... 2 ....................... 3 11 ii iii ....... 1 iW,,,a,,!i,rcraft L,e~jth Overal~ .... 15 to less nan ~0 feei "~i) to' iess nan"25"feet 25 to less nan 36 feet Less than 15 feet Annual '~ax 0 150 5 ,,, -- i ........... iii ii i i iiiiilll ii 7 36 to less nan 60 feet 60 to less nan 100 feet 100 Or more fe~i'in'length ..... 250 500 ,i,60 ......... B. Vessels having a home port in a location outside the borough boundaries brought into and remaining in the borough solely for the purposes of repair, servicing or seasonal storage in a boatyard licensed to collect sales tax shall not be deemed to have established a taxable situs in the borough. The assessor may make inquiry and gather information necessary to determine whether a vessel meets the conditions of this section and 'failure of the vessel owner to supply information necessary to the assessor to make a determination will preclude the owner from claiming ~'~ !nontaxable status for borough taxes. Determination of tax situs under this section only applies to !,~-~. iborough and service area tax levies and taxability of a vessel within a city will be governed by the ~,~;'---J provisions of the cities tax ordinances and AS 29.45. Vessels that fish in or deliver their catch within ........................... the borough shall not be entitled to any exemption under this ordinance. If a vessel owner owns a limited entry fishing permit for waters in the borough, the borough assessor may presume that the vessel was in the borough for fishing purposes and is not eligible for this exemption, provided that this presumption may be rebutted by reasonably reliable evidence to the contrary provided to the assessor by the owner. To be eligible for this exemption, the owner must file with the borough assessor an application, on a form approved by the borough assessor, on or before February 15th of each year. . C. Watercraft for which all certificates of number, registration, or documentation, or other form of ~1 , ..... . , · t_;~,~. ~manbme licensing or reglstrabon and the ADF&G number, ~f applicable, have been surrendered to 1~,'~"1 the issuing authority by January 1 of the tax year shall be taxed on an ad valorem basis. Vessels for 1- -' .......... which such registration or licensing has lapsed but has not been surrendered shall not qualify for ad valorem taxation. ~~-~ D. Definitions: For purposes of this section: 2 of 3 10/12/2001 10:38 AM 1. "Home port" means a vessel's normal base of operation unless the owner resides in the · borough or has a base of operations in the borough, at which this vessel regularly calls, in which case, the home port shall be deemed to be in the borougl~. 2. "Seasonal storage" means storage in a boatyard licensed to collect sales taxes, at any time ..... between September and June of each year. Vessels remaining in the borough in the remaining months will not be eligible for the seasonal storage exemption. 3. "Repairs/servicing" means a vessel brought into a boatyard licensed to collect sales taxes for .................. the purpose of repairs or servicing at any time between September and June of each year. Vessels remaining in the borough in the remaining months will not be eligible for the repaidservicing exemption. -';~ E. A vessel owner may appeal the determination of the borough assessor under this section, _~"' ! ..using the procedures set out in KPB 5.12.050-.060. (Ord. No. 2000-33, §§ 1,2, 9-12-00; Ord. No. 99-15, § 1,4-6-1999; Ord. No. 98-64, § 1, 1998; Ord. No. 97-73, § 4, 1997; Ord. No. 95-21, § 1, 1995; Ord. No. 92-56, § 1, 1993; KPC § 25.05.070) Editor's note--It should be noted that the provisions of Ord. No. 99-15, adopted April 6, 1999, are not effective until January 1,2000. 5.12.160. Personal property tax--Mobile homes--Classified as real property--Property tax collection. 3 of 3 10/12/2001 10:3R AM nal Municipal Airport Memo To: From: Date: Subject: 305N. Wi~ST. SUITE2(X) KENAI, ALASKA 99611 TELF-qK)NE 907~3:~7951 FAX 907~~37 Linda L. Snow- City Manager Rebecca Cronkhite- Airport Manager October 11,2001 _ RECEIVED C~T~ O~ ~ Airport Restaurant Bid Proposals As you reported to City Council at the October 3, 2001 meeting, the owners of the restaurant concession in the Airport Terminal have requested termination of their lease effective December 30, 2001. A copy of that letter is attached. City Attorney Cary Graves has been working with Airport staff to prepare bid documents to solicit a new concessionaire. The terminal restaurant has been the topic of numerous conversations at both Council and Airport Commission meetings. Mr. Graves and I have attempted to construct a bid packet that addresses the issues and concerns expressed by Council and Commission. We propose a bid process similar to the rental car agreement, which invites prospective businesses to operate a restaurant, espresso bar, and newsstand in the Airport Terminal. Two spaces are offered for this use. The primary space is the area commonly known as the restaurant; the second space is the area north of the rental car counters that previously housed the gift shop, and pdor to that, the travel agency. The proposed selection process awards the bid to the qualified bidder who offers the highest annual guaranteed foe. The bidder qualifications require a sound business plan and proof of experience. Only qualified bids will be accepted. The bid process, based on the recently successful rental car bid, establishes a fixed monthly rent plus a percentage of gross sales. The high bid is established by a minimum annual guarantee. This method of establishing a rate of payment has worked well for the rental car agencies and we believe provides needed flexibility to the business operator while ensuring a reasonable return for the City. Linda L. Snow, City Manager October 11, 2001 Page 2 of 2 Additional flexibility is accomplished by giving the successful bidder the opportunity to operate ali three concessions or return the rights to the espresso bar and or gift shop to the City. This contract also allows the operator to utilize the smaller second space or return that to the City for other uses. The proposed timeline for this bid is attached. If this schedule is followed, the new concessionaire will have ample time to coordinate with the current owners for purchase of equipment and inventory and still meet a January 1,2002 opening if they desire. I believe this type of bid offers the maximum amount of flexibility for prospective businesses while ensuring that the Kenai Municipal Airport continues to provide a first class level of service to the local community and the traveling public. RC/mlb Attachments CC' Cary R. Graves, City Attorney www.ci.kenai.ak.us. August 29, 2001 To Whom It May Concern' As you know our lease on the Kenai Airport Caf6, known, as "Wings Caf6" will be up February 28, 2002. We would like, if possible, to vacate the premises December 31, 2001. I would like to see if you could run the ad in the newspaper for the bid on the lease several weeks prior to December 31, 2001, to give the new tenant the opportunity to take over the facility and possibly purchase our stock and equipment. This would also help assure the Caf~ remains open for business and eliminates the closed-door syndrome. Thank you, Gary Schnelting KENAi AIRPORT RESTAURANT CONCESSION BID SCHEDUI I= The City of Kenai is requesting bids for a restaurant concession in the airport terminal building. Bid packets may be picked up at the Ai~ort Manager's office in the terminal building, 305 N. Willow, Suite 200, Kenai, Alaska. If you have any questions, please call 907-283-7951, ext. 22. Date/Time Event 10/10/01 Restaurant Bid Packet to Council For Approval Other information 10/24/01 1st day of Advertising Peninsu/a Cia#on & ADA/ 11/7/01 Pre-bid meeting and 10:00 a.m. Walk thru 11/20/01 Bid Opening 2:00 p.m. tt/30/O! Successful bidder in Council packet bids accepted after 2:00 p. m. 12/5/01 OZ/Ot/02 Council awards contract to success- ful bidder New restaurant contract starts Kenai Airport 305 N. Willow, Suite 200 Kenai, AK 99611 Phone: 907-283-7951 Fa= 907-283-3 737 Email: ENAadmin@ci.kenai.ak. us TO' FROM' DATE' RE' CITYOF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1992 Mayor and Council Members Carol L. Freas, City Clerk October 12,2001 EMI~LO YEE APPRECIATION DINNER -- SCHEDULING It's time again to scheduled the Employee Appreciation Dinner. In the last several years, council has chosen to set the dinner in January after the holidays and to hold it at the Kenai Senior Center. Dates available at the Center in January are' Saturday, January 5, 2002 Saturday, January 12, 2002 Saturday, January 19, 2002 Does Council want to hold the dinner at the Kenai Senior Center and on what date? Is there a Council Member who would like to help in the planning of the dinner and dinner program? , clf CITY OF KENAI MEMORANDUM "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 TO: FROM: THRU: DATE: SUB J: City Council Larry Semmens, Finance Director Linda Snow, City Manager October 10, 2001 Investment Report At September 30, 2001 the City investments had a market value of $34,792,591. The current portfolio yield is 5.17% which is down from 5.46% last quarter. The breakdown of types of investments held is: US Agency Securities AML Investment Pool Repurchase Agreements $31,297,O43 $ 2,933,948 $ 561,600 The federal reserve has continued to cut the discount rate which now stands at 2.0%. This key interest rate impacts other short term interest rates, particularly in the under two year maturity area. The 2.85% rate on the two year treasury note is at a 30 year Iow. Securities in our portfolio are being called prior to their maturity dates forcing me to reinvest at much lower rates, which means that interest revenue will be significantly less than proiected. My strategy at this time is to invest in shorter term securities, generally less than two years. The yield curve is steep right now, meaning longer maturities yield more, but the yields are so Iow that it is hard to imagine rates not increasing in the next couple years. Because of the probability of rates increasing, i do not want to be in the position of. holding long term securities yielding less than 4%. If you have any questions or comments about the City's investments please contact me. A copy of the portfolio is attached. CITY OF KENAI CITY OF KENAI INVESTMENTS 9/30/2001 SECURITY FNMA 7.5 FNMA 7.5 FHLB 6.75 FHLB 6.16 FHLB 6.00 FHLB 6.25 FNMA 5.3 FFCB 5.72 FICO Stdp FMCNX 5.00 FMCNT 4.625 FHLMC 5.0 FNMA 4.75 FNMA 4.82 FHLMC 4.50 SLMA Fit 3.88 FNMA 4.00 FHLMC 4.3 FHLMC 4.15 FNMA 3.65 FHLB 6.75 FHLB 5.025 FNMA 5.15 FNMA 5.10 FNMA 5.07 FNMA 5.05 FNMA 7.0 FNMA 6.75 FNMA 7.30 FHCI 9.50 FNMA 6.92 06130/01 Market 1,019,840 1,023,910 511,563 510,313 1,530,938 1,025,625 1,007,800 1,524,450 920,000 1,002,000 1,000,200 1,002,000 1,002,700 1,002,700 994,375 499,803 997,813 2,000,000 1,997,200 501,875 808,252 600,375 1,001,200 1,000,100 998,100 1 47O,000 1,011,900 1,032,500 1,022,972 1,031,565 Current Market 1,015,315 1,019,065. 512,420 512,345 1,543,365 1,046,090 1,008,120 1,556,010 955,090 1,000,000 1,009,370 1,001,410 1,011,720 1,013,120 1,004,370 501,555 1,009,570 2,013,740 2,013,740 504,455 802,496 602,814 1,014,060 1,014,060 1,002,340 1,017,340 472,938 1 ,O05,940 1,036,09O 1,033,255 1,044,840 EFFECT. DATE DATE RATE PURCH. DUE 6.54 9128/2000 2/1112002 6.02 12/1112000 2/11/2002 7.08 5/412000 5/1/2002 6.90 3/21/2000 6/21/2002 6.78 1/28/2000 8/15/2002 6.80 1/28/2000 11/15/2002 5.30 1/3112001 1/2412003 4.23 6/2012001 2/412003 4.25 6121/2001 3~26~2003 5.00 4/11/2001 4111/2003 4.91 4/23/2001 412312003 5.00 4/30/2001 4/3012003 4.36 6/2512001 5/22/2003 4.82 6112/2001 6/12/2003 4.50 6128/2001 6/26/2003 3.90 818/2001 7/16/2003 4.23 7/16/2001 7/16/2003 4.30 812712001 8/27/2003 4.22 9112/2001 9112/2003 3.27 9/2412001 9/24/2003 5.47 113112001 11/7/2003 5.08 6/12/2001 12/12/2003 5.15 4/2612001 412612004 5.17 5/312001 4/3012004 5.09 5/1412001 5/14/2004 5.05 811/2001 7/26/2004 7.02 1012911999 10/29/2004 6.80 12/111999 11/30/2004 7.30 8~29~2000 7/19/2005 7.69 8/22/2000 811/2005 6.95 1112412000 11/8/2005 AT MATURITY (PAR) 1,000,000 1,000,000 500,000 500,000 1,500,000 1,000,000 1,000,000 1,500,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 500,000 1,000,000 2,000,000 2,000,000 500,000 800,000 600,000 1,000,000 1,000,000 1,000,000 1,000,000 470,000 1,000,000 1,000,000 979,125 1,000,000 SUB TOTAL AML POOL REPO TOTAL 31,052,067 2,933,948 33,986,015 561,600 34,547,615 31,297,043 2,933,948 34,230,991 561,600 34,792,591 3.28 3.10 30,849,125 2,933,948 561,600 34,344,673 TOTAL CURRENT YIELD 5.17% o . INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 17, 2001 Conceptual Site Plan -- Proposed Boat Launch/Wildrose Subdivision Property 10 / 18 / 01 Kenai River Special Management Area Board Meeting Agenda and minutes of 9 / 20 / 01 meeting. CU] 'NINGHAM PARK 'E PLAN- CONCEPT 50 100 SEPTEMBER 25, 2001 BILLE. FEET N KENAI RIVER Sl~ee. ial Management Area "Working t~etlm~...for the river" *** Meeting Agenda*** Thursday, October 18, 2001 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Approval of 9/20/01 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT IH. NEW BUSINESS A. HB 165, KRSMA Lands Additions, Rep. Ken Lancaster B. Russian River- CIRI Land Selection, Robin West C. Kenai River Watershed Nutrient Study, Brett Huber D. Kenai River Field Report, 2001 Season, Ranger Bill Berkhahn E. Board Member Nominations IV. OLD BUSINESS A. Lower Kenai River Boat Launch Proposal, Chris Degernes B. Boat Wake Study-Update/Status, Lance Trasky C. Committee Reports: D. Recreation Study Committee E. Commercial Operators Committee F. Legislative Committee G. Borough Committee H. Water Quality Committee I. Kenai River Center Update, S~e Fisler ¥. "PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Committee Meeting: Recreation Use Committee, 10/18, 5:00 p.m., Kenai River Center Kenal Area Oflqc~. Box 1247, Solaotna, Al( 99669, Solclotna 262.5581 Kenai Pomnsula Borough, Box 850, $oldotna, AK 99689, Solclotna 2624441 A~.lca DivPj~ of Partcs aha Out¢oor ttec."eat/oth Depamne'm, of Natural P. aoource,, in KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, September 20, 2001 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Members present: Chris Degernes, Bill Shuster, Ted Wellman, Jeff King, Paul Shadura, Jim Golden, Janette Cadieux, Charles Quarre, Lance Trasky, Linda Snow, Deric Marcoreile, Bill Kent for Robin West, Tim Navarre. Members Absent: Brett Huber, Rick Wood, and Ann Whitmore-Painter. B. Approval of 5/24/01 minutes. The minutes were approved as written. C. Agenda Changes and Approval No changes were made. I!. PUBLIC COMMENT No comments. Iii. NEW BUSINESS A. Kenai River Water Quality Study Report, Robert Ruffner, Kenai Watershed Forum. Robert Ruffner provided a brief power point presentation on the history of water quality sampling done in the Kenai River by various entities, state, local and federal. He went over three main points' what has been accomplished, what has been learned and what remains to be done. Accomplishments: 1988 Synoptic studies by Fish & Game 1997- Kenai Watershed Forum - started talking about water quality monitoring programs. 1998- Water Quality Monitoring Framework was established for a Citizen monitoring program. 1999- Funding was received from DEC to begin program. 2000- Coalition of different agencies was formed to help contribute to the study, as DEC would not be able to fund this study annually to the level KWF recommended. 2001- Robert is writing the quality assurance project plan. All entities involved will get a copy. Robert then went over what has been learned from the agency baseline monitoring program. He said Northern Testing Labs was used as a contractor to evaluate the water samples taken twice per year. Of the many water quality parameters tested, hydrocarbons and fecal coliform tests have shown some elevated levels in some areas. The "enforceable standard" used for the Kenai River is the same as drinking water as there are no standards set for fish habitat. These end up being higher standards than others that might be used. Robert reviewed the results of hydrocarbon tests on the tributaries and all were shown to be well below detection limits except Beaver Creek. However Beaver Creek was still below the acceptable standard. The mainstem of the Kenai River was tested from Kenai Lake to the Kenai City Dock. The testing showed more and more detection of hydrocarbons the farther downstream one goes. Nothing was seen with the hydrocarbon tests that is alarming, but it will be important to continue monitoring. The level of fecal coliform showed a couple of more serious results. The graph showed the area around Cunningham Park is about 20% above the acceptable standard for fecal coliform levels. Elevated levels were also seen in Soldotna Creek and Funny River, with most of the highest values noted during the spring tests. Robert said he asked Mike Pollen (Northern Testing Lab) for his Opinion on the test results. Mike told Robert the standards written are very conservative, meaning that numbers that are 10-20% above the standard are not alarming. Robert pointed out that one of the criticisms is that we can only afford to do the sampling once in the summer and once in the spring, so we are only getting two snap shots in time each year. However, this looks like a water quality parameter to keep an eye on. Robert then explained another aspect of the study: instrument monitoring. There is a tube thrown into the water which is programmed with a computer instructing it how to sample. This instrument will help for purposes of longer sampling rather than the twice a year sampling. He showed a graph that covered an 1 l-day period when he knew chinooks would be spawning. The instrument plotted temperature, turbidity, dissolved oxygen, ph and conductivity. KRSMA Advisory Board September 20, 2001 page 2 Robert then talked about WRAS (Watershed Restoration Action Strategy) that DEC has asked them to put together as a recipient of the 319 grant which funds this work. It guides the EPA in what funding .n.eeds there are here on the Peninsula. This year Robert put in a grant request to have a prioritized bank restoration list and a culvert impediment list developed. Robert asked for the board to consider establishing a water quality committee to assist in the WRAS process. B. Planning the 2001-2002 Board Goals and Objectives Ted Wellman turned this over to Chris Degernes. Chris had several suggestions for the Board to consider. One goal might be to continue efforts to encourage local government (Citios of Soldotna and Kenai, and the KP Borough) to adopt the Kenai River Comprehensive Management Plan. Another would be to work on seeking capital money for the recreation use study and phase two of the boat wake study. Plus, renewed efforts to get the KRSMA Lands Addition bill passed in the Senate should be a priority. Another goal would be working on a prioritized bank stabilization list to identify those bank projects that have the greatest needs for restoration. Ted then asked other members to think of items that may need to be identified and suggested e- mailing those to Chris. C. Establishing Standing Committees Last years' list was handed out and reviewed by Ted Wellman. He also pointed out that members of the public are encouraged to be on any of these committees. The following committees were re-established' PERMIT COMMITTEE: Suzanne Fisler, Chair, Lance Trasky, Ted Weliman, Bill Shuster, and Charles Quarre. RECREATION IMPACT STUDY: Chris Degernes, Chair, Ted Wellman, Paul Shadura, Brett Huber, Charles Quarre, Jim Golden, Rick Wood, Janette Cadieux, Jeff King. COMMERCIAL OPERATORS: Jeff King, Chair, Suzanne Fisler, Ted Wellman, Jim Golden, Bill Shuster, Brett Huber, John Cho, Joe Connors, Greg Brush. LEGISLATIVE COMMITTEE' Ted said he wanted to reserve discussion about this committee since the past chair Ann Whitmore-Painter was not available this meeting. KRSMA Advisory Board September 20, 2001 page 3 BOROUGH COMMITTEE' Tim Navarre, Chair, Jeff King, Lance Trasky, Chris Degernes, and Ann Whitmore-Painter. A new committee formed as per the request of Robert Ruffner was formed, WATER QUALITY COMMITTEE' Charles Quarre, Chair, Janette Cadieux, Lance Trasky, Brett Huber, Chris Degernes, Robert Ruffner, Deric Marcorelle, Rick Wood. Ted requested the committees meet before the next meeting and be prepared to make a report. D. Boat Wake Study- Where do we go from here? Lance reported that Dr. Maynard is finalizing the Boat Wake Study report and hopes to have it completed in October. Lance said Dr. Maynard had three of the top Corps statisticians look at the report. The next step is to discuss what the data means to us: How do boat wakes affect the different kinds of banks? Lance said what is needed is a definitive study by USGS, who is an agency well equipped to do that. He said the state would probably have to come up with some sort of a match. Ted asked what this board could do to get an official response from USGS. Lance will check into it. Bill Shuster asked if the river has been mapped out with the different kinds of banks. Lance said the Natural Resource Conservation Service has a very thorough map of soilS along the Kenai River. Chris suggested adding to our capital improvement project (CiP) request for state funds to match federal. MOTION' Paul motioned to request CIP funds through DNR's budget for state monies to do Boat Wake Erosion Study to match federal funds. Lance seconded. Discussion' Tim suggested making a review of all of the potential capital projects and submit a comprehensive list. Paul suggested we need to discuss this more He would like to see the recreational impact study idea funded also. Lance suggested requesting funding for a Kenai River Study package. Lance said an idea he'd like to see added would be to address how storm water can be managed, which has been a long-term priority for Fish and Game and DEC. Ted reminded the board members that original motion addressed just an erosion study, so he asked if there were any objections to adding a storm water runoff study component into the request. After some discussion, it was decided to limit our request to studies recommended in the Management Plan, since they have already received substantial public input. Funding for additional water quality studies or storm water management would best be submitted to DEC anyway. KRSMA Advisory Board September 20, 2001 page 4 The board consensus was to amend Paul's motion to add a funding request for the recreation use study. There was a break at this point in the meeting. Tim Navarre stated he would need to leave the meeting at this time for other obligations. He asked the Borough Committee to meet on October 9th probably in Conference Room C at the Borough at 10 am. Another item he brought up is that the Army Corps of Engineers are looking for 1200 ft of office space. Do we want to add the ACOE to the KRC? E. Lower Kenai River Boat Launch Proposal- Update/Status Chris gave the update on Legislature's proposal that DNR purchase property near Cunningham Park for a boat launch. She said the last time the board spoke about this in May, we had just learned that $350K had been appropriated for the purchase of a 10.4-acre lot upstream from Cunningham Park for development of a boat launch facility. Chris said there are some concerns about the site because of extensive wetlands in that area. The likelihood of receiving permits to fill wetlands in this area is not great, as the City of Kenai requested permits for a launch on the adjacent property back in 1990-91. Chris said she talked with Lance Trasky about the possibility of locating a launch on 5 acres of land just downstream from Cunningham, as there are currently 4 lots for sale there now. The benefit of considering these parcels is that there are no wetlands on the site, and it is adjacent to an existing public access facility. A drawback is that there is very thick peat underlaying this area and the bank is pretty high and steep. The old boat launch that existed at Cunningham was used by drift boaters, and there is no current access for this activity now at Cunningham. Chris said she met a couple of times this summer with the City of Kenai, Ports and Harbor Committee, the Park and Rec Committee and the City Council to see what they thought of this idea. She heard there are some significant concerns that a boat ramp facility might displace bank anglers. Chris said she thinks both activities can coexist because bank angling occurs later in the season whereas boating use would be in June and July. Chris said the City Council members asked for a site plan so they could visualize this idea. Other alternatives discussed with the Kenai City Council included a boat ramp at Warren Ames Bridge. Chris said the wetlands are too important at this site, and no permits for fill would be possible, plus the City of Kenai's Boat Ramp is only a mile further downstream. Chris said the fundamental question to be decided on is whether there is a real need for a new boat ramp in the lower river? Jim Golden said at the ground breaking for the Cunningham Park rehabilitation, Mayor Williams was given the blueprint of the adjacent property by KRSI that included a new boat ramp designed for drift boats only. 'KRSMA Advisory Board September 20, 2001 page 5 Janette Cadieux asked if KRSI intended that launch to be just a take out point? Jim said yes, it would be a take out for drift boats as there is only one presently at Eagle Rock. Janette asked why this funding was appropriated for a parcel. with wetland permit problems? Chris said this was a proposal by Representative Mulder and she noted that he has stated that he does not want it restricted to just drift boats or as a take out point only. Chris said it is a political issue as the funding is specifically designated to buy the upstream piece of land for a boat launch facility. To request the legislation be amended to purchase something else for a drift boat take-out may be received with less enthusiasm. The second issue of funding is that the best source for funding to develop a boat ramp is the Waliop/Breaux funds, which requires the boat launch be open for powerboats. Linda Snow said the City Council understands the 10-acre parcel upstream from Cunningham is not acceptable because permits might not be approved. The City also understands a launch at the Warren Ames Bridge would not be permitted either. Linda said the Mayor did mention that he would appreciate having some drawings that Director Stratton promised to provide. Once those are seen there will be more discussion. Jeff asked that kind of railroad do we have when you have one guy who delivers money to us for something that no one really wants or needs. He added it is another major footprint caused by government. The only people developing on the lower river are government. Jeff said if we have to have this facility, it does make sense to have it near a facility; therefore, the Warren Ames Bridge should be considered. He then read from the KRCMP: "The sense by both public land managers and the public is that the river is at capacity now in terms of boat use, and that additional facilities would only worsen an already serious overcrowding problem. The implication of these conclusions is that few additional facilities should be constructed. Increasing demands for new facilities has to be balanced .... "Jeff said that he is speaking as a steward of the river. He wants the board to take a strong position on this deciding whether this is an acceptable plan or not. Linda read in the plan that recommendations were also made to expand existing facilities when overcrowding becomes an issue. She referred to a chart that showed Cunningham Park. She wondered if the board was thinking of this project from that perspective. Linda said she is not sure it is entirely fair to say that no one needs it or wants it. She has been to a lot of the meetings and people were interested. Ted agrees with Jeff because one of the things the plan envisioned restricting was the number of new boat launches on the river to prevent the whole series of social and overcrowding problems that are of concern. Ted said there is a KRSMA Advisory Board September 20, 2001 page 6 distinction between boat launches for motorized boat launching and retrieval, as compared to simple drift boat take-out facilities that might be a replacement for an existing use that was in place during the time the KRCMP was revised. Ted said the philosophy was there was a limited resource on the river and we did not want to see any more intense development on the lower river. This project was brought up last spring and the board has not taken a position yet. Ted said the board is in the process of receiving more information, and he recommended that the Board continue to evaluate this issue. He requested that a briefing paper be · developed for the board members so that the board may take appropriate action. This topic will be on the next agenda for further discussion. F. Kenai River Watershed Nutrient Study, Brett Huber in Brett's absence Jim Golden gave the update. The Contractor selected to do the nutrient study is the University of Victoria along with Mr. Jim Edmundsen who is with ADF&G Commercial Fish Division. ADF&G's Limnology lab will be used. The study could have major ramifications and implications worldwide. There appears to be a lot of funding potential for this from various agencies and sources. Jim promised that Brett will brief the board more thoroughly next month. G. Snow River Jokhuihaup- Update and Status of Lake Levels Bill Shuster said the Snow River Jokhulhaup started to release on September 12th. Even though the lake was at near record depth it has slowly released its water. This has been an unprecedented slow release, which is very fortunate. He said normally the release of the lake is a 5 to 7 day event. It has already been a week and it is projected to peak at the Snow River bridge on the 22n~. Bill said at Kenai Lake it is projected to be above minor flood stage by about 4 inches. Presently the water level is just starting to cover the Primrose Campground road, which is not unusual for typical high water on Kenai Lake. Bill said it is not projected this will be a very significant event this time, with two caveats' one is assuming the flow will continue slowly and the second is there would not be a major rain event in the next few days. He said the National Weather Service is not predicting any rain event coming, however. Paul asked if contractor equipment has been moved from the tenuous areas they were staged at along the Seward Highway? Bill said they have moved everything except a front-end loader and pallets of railing, and it is not expected that there will be any difficulty in moving these items. It is fortunate that the road work is essentially complete. H. Board Member Nominations Chris said that Jim H. Richardson resigned last spring, creating a vacancy. Chris said she has done some checking around Cooper Landing for people that may KRSMA Advisory Board September 20, 2001 page 7 want to represent that part of the river, and has received some suggestions. Additionally, three board member seats expire on October 1st: Paul Shadura, Jeff King and Ted Wellman. Ted and Paul indicated they would like to be reappointed. Jeff said he would not renew but that he will ask around as he feels it is important to have a river guide representation, if any board member knows of interested people they can refer them to the Kenai River Center or the Parks office to request that an application be sent. iV. OLD BUSINESS A. Update- MP 45-60 Sterling Highway Project Suzanne said there was an abbreviated meeting on the 13th. There were many folks who could not get here from other states due to travel complications. The major part of the agenda that day was to work on determining the criteria to use to select the appropriate route. The ranges of alternatives were addressed, and will be deferred to the next meeting, which will be October 29th in Anchorage. They also developed a technical document that they gave out to the agencies that addressed a lot of the questions agencies had brought up at their May 31st meeting. Noticeably absent from this document was information about brown bears. Suzanne said they have come up with several variances and routes that have not been addressed in this process yet: · Juneau Creek Wilderness variance, which comes across Juneau Creek and drops back down to the highway in the Refuge. · Juneau Creek Forest variance, which rejoins the highway at Sportsman's Landing. · Kenai River Alternative, which includes a number of new bridges across the river. · Juneau Creek "F" Alternative, which would cross below the falls on a lower bench rather than going up above the falls. · Juneau Creek Alternative, which would come off Bean Creek road area and stay on the lower bench rather climbing up above or below the falls and drop back off. It would require another bridge on the river. · Walls Alternative - a variation on. the existing alignment that would create large retaining walls along the highway, such as places on the river across from Princess Lodge, where walls up to 180 feet might be developed. Suz~nne said there would be more information about the newest variances at the October meeting. Bill Shuster asked if the existing highway would still remain in place. Suzanne said it would and it would still be maintained by DOT. KRSMA Advisory Board September 20, 2001 page 8 B. Kenai River Center Update, Suzanne Fisler The hot issues presently are with the City of Kenai dealing with the Unity Trail. It is still in the design phase. Suzanne reported that they are looking at a "fill trail" at the base of the existing roadbed. It would start out on the west side of the Bridge Access Road, leaving from the City of Kenai. The trail would utilize a portion of the traffic shoulder room on the bridge deck, so the traffic lanes would be narrowed somewhat. On the KBeach side of the bridge, the trail would transition down into the Kenai River Flats park unit, loop around it and go underneath the bridge coming up on the east side toward K-Beach road. There are no official drawings or plans yet, but Suzanne promised to keep the Board informed as information becomes available. Suzanne said she is also working with the City of Soldotna on Centennial Park. The field review is just starting for expansions of their trails from the boat launch. area back to their park entrance station. There will also be new river access stairways and additional fishing platforms, plus bank restoration. Suzanne said it would not connect to the fish walk area at the bridge, yet, because there is a parcel of private property between. Another project is the City of Kenai's Coastal Trail, and although Parks is not an active participant since it is outside our permitting arena, it has become a big issue at the Kenai River Center for all the other agencies. DEC, F&G and the Borough have all sent requests for additional information in the permitting process. USFWS and the NMFS have recommended denial of the permit to the Corps. Suzanne said the concerns have all centered on the hardening of the coastal bluffs and the impact on marine mammals that use the lower river and the fish habitat in the estuary that is so essential for marine and fresh water species. Suzanne said another permit is the bank restoration project at the Kenai River Center's river bank. This project would continue to allow some responsible access for anglers who park on private property next door. It was estimated to cost around $200K, but because of ADA access requirements, the estimate is now $500K. Suzanne said Borough Mayor Dale Bagley just recently submitted a letter to ACOE asking for their assistance and potential to fund this project here. Suzanne handed out the guide statistics she compiled for this season. There were 374 Kenai River Guides, down from 382 last year. 66 Guides did not return this season compared to 57 from last season. There were 60 new guides this year compared to 64 last season. Suzanne also handed out a Kenai River Guide complaint summary. One guide had 9 complaints against him, mostly for his aggressive behavior. All were from people not fishing with him. Suzanne said there is no stipulation about behavior in the guide stips but maybe something can be developed to prevent or change this type of behavior. KRSMA Advisory Board September 20, 2001 page 9 Chris said it was a relatively safe summer. A few canoes overturned. There were no fatalities and no recorded boating accidents. The Boating Safety program has created more awareness of safe boating. Rangers spent time in schools during the year and spent their efforts educating folks as part of their patrols. Ranger Bill Berkhahn will have a report next month. V. PUBLIC COMMENT None VI. ADJOURNMENT A. Board Comments Paul' Received information on the proposed Cook Inlet area wide lease sales for 2002. A good portion'of the Ken~i River is included. Deric: None Bill: Forest Service is looking at Russian River tomorrow, September 21, to determine if there should be a tram down to the river or a trail, to provide improved access for persons with disabilities and 'for servicing a restroom facility. The USFS is moving forward on additional restoration along the riverbank upstream toward the power line, plus there is a little bit of work that needs to be finished at the confluence of the Kenai River. Second, is the Russian River Mineral withdrawal- they are working with BLM to complete EA this spring, and signed by next fall. There will be two public meetings; one in Soldotna on October 30th, and one in Anchorage on November 2n~. No details on locations or time yet. Third, Falls Creek, which is south of Moose Pass and flows into Trail River- the Forest Service will be doing hazardous waste mine clean up. The tailings have arsenic, etc. in them. They are hoping to get that contract out in the next week or so. Linda' None Charles: None Jeff: When he came tonight he did not realize this would be his last meeting. He said he hoped we have done some good here. He encouraged the board to "think generationaily". Jim' None Lance' F&G is doing a study in cooperation with FWS and DOT looking at all the stream crossings on the Kenai Peninsula. The intention is to fix all the culverts as 40% of them are blocking fish passage. KRSMA Advisory Board September 20, 2001 page 10 Janette: Remind board members she is happy to hear comments about the bypass route for Cooper Landing so that she can better represent the board there. Chris' Update on the Recreation Study from last year. She has been in touch with Greg Brown at APU. He encouraged Parks to buy a GPS unit and give it some testing. Chris said some basic testing has been done. Greg has the GPS now to test the runs made. She will have more next month on how well the testing went. A second item is that there will be boat ramp repairs at the Cooper Landing launch this fall to make it more user-friendly with high water conditions. ADF&G is helping to fund the repairs. Tim' None Bill Kent: The Moose Range Meadows facility opened in July. Thanks to KRSi for funding for signs, landing nets and PFD's. Sportsmen's Landing ramp is also not working well and repairs will be done. Bill invited everyone to attend the Kenai Wildlife Refuge 60th birthday party on the 29th! Ted' Asked Jeff King to attend meetings until he can be replaced! B. Date/Agenda of Next Meeting October 18th 2001 at the 'Kenai River Center Respectfully submitted, Denise Dutile, Recording Secretary for The Division of Parks and Outdoor Recreation KRSMA Advisory Board September 20, 2001 page 11 MAKE PACKETS . COUNCIL PACKET DISTRIBUT]:ON COUNC:[L MEE'I-J~NG DATE: Mayo~/Council Attorney ~' TayIo~/$p~in~le~/Kebschull ,,/ Clerk ~ City Mena~/e~ ~,/Public Works I~ Police bepartment p/ Finance ~,-~ En~/inee~ ~- Senior Center Airport ~/ Kim ,~ Library ,,-'" perks & Recreation ~/ Clarion ~/ Fire bepar'tment // z~ AGENDA D:I:STRIBU~ON Sewer Treatment Plant Streets Shop Dock Building/Maintenance Animal Control Water/Sewer Counter Fax by computer to Contacts; Agenda List: (see: Microsoft Fax from printer list; Address Book; Assembly Members KSRM HEA Kenai Chamber of Commerce ~Ton Little (bail}, News/$oldotne) KVCC KDLL Ebb DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be faxed as soon as possible after Noon on packet day. The camera-ready agenda (c:/myfiles/documents/minutes/egenda form for paper)is emailed to the Peninsula Clarion (at email Contacts). Home Page documents (agenda, resolutions and ordinances for public hearing) ore placed in the Clerk's HTML file. Place them onto the city's website from there as soon as possible. AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 17, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, cl. ken al. ak. us ~COUNClL STAFF MEETING' 6:00 P.M., Council Chambers! ITEM A: CALL TO ORDER 3. CERTIFICATION OF ELECTION 4. OATHS OF OFFICE 5. ELECTION OF VICE MAYOR ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Mary WarringtonlBrain Injury Support Group -- Skateboard Park 2. Borough Assembly President Tim Navarre-- KPB Ordinance No. 2001-29, Amending KPB 2.40 Regarding Planning Commission Membership and Apportionment. ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1936-2001-- Finding that Certain City-Owned Airport Land, Identified as Tract A, Baron Park Kenai Youth Facility Addition, Located at the Marathon Road and HEA Access Road Intersection in Kenai, Is Not Required for a City Public Purpose But Is Needed for a Public Purpose for the State of Alaska. 2. Ordinance No. 1937-2001 --Increasing Estimated Revenues and Appropriations in the General Fund Land Department by $325,000 for Purchase of the Youth Detention Facility Property From the Airport Land System Special Revenue Fund. 3. Ordinance No. 1938-2001 -- Amending the Land Use Table and Footnotes at KMC 14.22.010 to Provide Residential Uses in the Central Commercial Zones and to Allow Dormitories and Boarding Houses in Commercial Zones. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1939-2001-- Finding Certain City-Owned Foreclosed Land, Identified as Lot 2, Block 1, Kaknu Korners, is Needed for a Public Purpose. 4~ *Ordinance No. 1940-2001--Increasing Estimated Revenues & Appropriations by $45,500 in the General Fund for Ice Maintenance. 5. *Ordinance No. 1941-2001 --Increasing Estimated Revenue and Appropriations by $12,000 in the Water and Sewer Fund for a Water Rate Study. 6. Discussion -- Assignments of Council Liaisons 7. Discussion -- Personal Property Tax Exemption on Airplanes EXECUTIVE SESSION - Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. 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 D990/211