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Home My WebLink About2002-10-02 Council PacketKenai City Council Meeting Packet October 2, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s COUNCIL STAFF MEETING: 5:00 P.M. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: ITEM C' SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS . , ITEM D: Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. COMMISSION/COMMITTEE REPORTS o 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E: MINUTES . *Regular Meeting of September 18, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS . Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 , Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. , Discussion -- Assisted Living Facility Proposed Site ITEM I: REPORT OF THE MAYOR ITEM J- ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT MAYOR'S REPORT OCTOBER 2, 2002 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500-- Addition of Purchase orders to Bob's Services and Yukon Equipment. FINANCE DIRECTOR CONSENT AGENDA No changes. MAYOR'S REPORT o Grading/maintenance of Cook Avenue Bluff Restoration Project/Corps update Council work session with Airport Commission and ERA Aviation (October 15) Z 0 rr ~ Z Z U ..j 0 ZujO o<~~o Suggested by: Administr ...... CITY OF KENAI ORDINANCE NO. 1974-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200 (ACCESSORY STRUCTURES) TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. WHEREAS, KMC 14.20.200 allows some accessory structures such as carports, storage sheds or passenger landings to be built within the yard setbacks provided they are not closer than three (3) feet to any lot line; and WHEREAS, such accessory structures should be smaller than 120 square feet in order to be allowed in the setback areas; and WHEREAS, as written, KMC 14.20.200 is unclear whether such items as stairways, fire escapes or eaves may be constructed into the setback areas and, if so, how close to a lot line they may be constructed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.200(a) is changed to read as follows' 14.20.200 Accessory structures. (a) Yard ReqUirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the mil~imum front yard setback for an unoccupied attached or detached garage or carport shall be ten (10)' feet; (2) Covered but unenclosed passenger landings, carports or storage sheds of not more than 120 square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three (3) feet of any lot line; (4) Unenclosed outside stairways, fire escapes, porches, or landinF places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten (10) feet of _any lot line; [4](5_1A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2), setbacks, per development tables, must be maintained if structure requires a building permit.' Ordinance No. 1974-2002 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of October, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 18, 2002 October 2, 2002 November 2, 2002 (8 / o.o / 02 sp) CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-54 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 14.20.200 (ACCESSORY STRUCTURES) BE AMENDED TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. WHEREAS, KMC 14.20.200 allows some accessory structures such as carports, storage sheds or passenger landings to be built within the yard setbacks provided they are not closer than three (3) feet to any lot line; and WHEREAS, such accessory structures should be smaller than 120 square feet in order to be allowed in the setback areas; and WHEREAS, as written, KMC 14.20.200 is unclear whether such items as stairways, fire escapes or eaves may be constructed into the setback areas and, if so, how close to a lot line they may be constructed. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.200 (ACCESSORY STRUCTURES) TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows' (1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten (10) feet; (2) Covered but unenclosed passenger landings, carports or storage sheds of not more than 120 square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three (3) feet of any lot line; [4) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten (10) feet of any lot line; [4](5_~ A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2), setbacks, pursuant to development tables, must be maintained if structure requires a building permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28TH day of August 2002. Suggested by: Administratic City of Kenai ORDINANCE NO. 1975-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $955,000 FOR AIRPORT GRANTS. WHEREAS, where as the FAA has offered grants for: Equipment Security Improvements Environmental Feasibility for Runway extension ; and, $215,625 $351,562 WHEREAS, the State of Alaska is providing matching grants of $29,844; and, WHEREAS, it is in the best interest of the City of Kenai to accept these grants and abide by the grant conditions; and, WHEREAS, the required local match of 3.125% is $29,844, which is available in the fund balance of the Airport Land System Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows- 2002 Airport SRE Capital Proiect Fund Increase Estimated Revenues' FAA Grant $ 215,625 State Grant ' 7,187 Transfer from Airport Fund 7,188 $ 230~,000 Increase Appropriations: Equipment $ 230,000 Airport Security Improvements Capitol Project Fund Increase Estimated Revenues: FAA Grant State Grant Transfer from Airport Fund $ 328,125 10,938 10,937 $ 350,000 Increase Appropriations' Administration Engineering Construction $ 5,250 22,500 322,250 $ 350,000 Ordinance No. 1972-2002 Page Two Airport Environmental Assessment Capital Proiect Fund Increase Estimated Revenue: FAA Grant State Grant Transfer from Airport Fund Increase Appropriations: Administration Engineering Airport Land System Special Revenue Fund Increase Estimated Revenue: Appropriations of Fund Balance Increase Appropriations: Transfer to Capital Projects Funds $ 351,562 11,719 11,719 $ 375,000 $ 5,625 369,375 $ 375,000 $ 29,844 $ 29,844 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of October, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (09/13/2002) hl Introduced: Adopted: Effective: September 18, 2002 October 2, 2002 October 2, 2002 COUNCIL ON AGING SEPTEMBER 5~ 2002 ~N~ SE~OR CENTER 10:00 A.M. ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: a, ITEM 6: ITEM 7: ITEM 8: CALL TO ORDER/is ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- August 1, 2002 OLD BUSINESS NEW BUSINESS Discussion -- Kenai Senior Center Survey QUESTIONS/h COMMENTS INFORMATION Council Action Agendas of August 7 and 21, 2002. .. ADJOURNMENT o. COUNCIL ON AGING SEPTEMBER 5, 2002 KENAI SENIOR CENTER 10:00 A.M. CHAIRMAN DICK JURGENSEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Ih ROLL CALL Chairman durgensen called the meeting to order at approximately 10'00 a.m. and the roll was confirmed as follows: Members Present: Absent: Others Present: Hollier, Huddleston, Jones, Jurgensen, Kuntzman, Nelson, Fields, Wilson Osborne Director Craig, Councilwoman Swarner, City Clerk Freas and R. Meeks ITEM 2: AGENDA APPROVAL MOTION: Member Huddleston MOVED for approval of the agenda as presented and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- August 1, 2002 A correction was requested to the minutes at page 4, "apartments" paragraph, line 4' "public facilities" should be "private facilities." MOTION: Member Huddleston MOVED to the approve the minutes as amended and Member Fields SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: OLD BUSINESS-- None ITEM 5: NEW BUSINESS 5-a. Discussion -- Kenai Senior Center Survey Director Craig explained, in order to meet grant requirements, a survey is needed. A copy of the proposed survey was distributed for the group's review. Craig noted, main items of interest are who those who fill out the questionnaire, are they using the facility, are they aware of the meal and transportation programs, etc. She noted she added a question about need of additional transportation services because some of the grant agencies are encouraging coordination of transportation efforts {agencies, CARTS, etc.). Councilwoman Swarner suggested "Independent Living Center" be included in question No. 5 due to their coupon transportation program. A general discussion followed regarding the CARTS transportation program and how it was working. Craig noted, the city council chose not to donate funding to the organization in the current budget. She added, she had some concerns of Alzheimer clients who are transported by CARTS without an assistant to the driver in the vehicle. It was suggested a representative from CARTS and the Independent Living Center be invited to a meeting and included on the agenda. Craig also noted the survey will be included in the next Center newsletter. Other comments regarding the Center's and CARTS transportation programs were: · Though the Center's transportation program was busy, with the help of the volunteers, there is room to accommodate additional trips. · CARTS charges a fee and the Center's program requests donations. · The Center's service area includes the Cohoe area and CARTS does not travel there, though their program is to be peninsula-wide. · The Department of Transportation is encouraging coordinated transportation programs and is most evident when requests are made for grant funds; if you do not coordinate services with a mass transit entity, funding for a new vehicle is not awarded. It is possible to coordinate services at this time, but close attention needs to be kept so not to lose grant funds. · Craig will continue attending CARTS meetings and will investigate other communities and how they coordinate their services. ITEM 6: QUESTIONS &~ COMMENTS Councilwoman Swarner noted the following: The City Council passed an ordinance to opt out of the tax exemption on non-prepared foods if it passes at the October i election because the loss of the sales tax will decrease in revenue to the city by approximately $1. She pointed out, the decrease in revenue to the General Fund would affect road maintenance, city departments, services, etc. and property taxes would most likely be raised to compensate. · Council had a long discussion regarding marketing of the airport and a motion to spend $20,000 for a survey/study was tabled. A representative from ERA Aviation attended the meeting and requested a work session to discuss the matter further. She noted, the survey/study would include information to promote activity (other airlines, tours,, cruise ship connections, etc.) around the airport as well as airfarcso Member Knutzman asked how the survey would be processed and Craig explained, a copy would be sent to all seniors. Upon receipt of the computed surveys (deadline October 15), the information would be compiled and included in the Center's quarterly COUNCIL ON AGING MEETING SEPTEMBER 5, 2002 PAGE 2 report. As noted previously, a copy of the survey will also be included in the October newsletter. Craig added, a yearly survey is required for grants. ITEM 7: INFORMATION Council Action Agendas of August 7 and 21, 2002. ITEM 8: ADJOURNMENT MOTION: Member Jones MOVED to adjourn the meeting and Member Huddleston SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 11'00 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING SEPTEMBER 5, 2002 PAGE 3 KENAI AIRPORT COMMISSION SEPTEMBER 18, 2002 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 -- August 8, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion-- Airport Passenger Leakage and Fare Study ITEM 6' NEW BUSINESS Discussion -- Draft Land Use Plan/City of Kenai Comprehensive Plan ITEM 7: REPORTS o. a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 4, 2002. b. Kenai City Council Meeting Action Agendas for August 21 and September 8/02 Monthly Enplanements and Float Plane Basin Activity ITEM 11' ADJOURNMENT KENAI AIRPORT COMMISSION SEPTEMBER 12, 2002 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR DAN VAN ZEE, PRESIDING MINUTES ITEM 1' CALL TO ORDER AND ROLL CALL Vice Chairman Van Zee called the meeting to order at 7'00 p.m. Roll was taken and confirmed as follows: Present' Holloway, Bielefeld, Van Zee, Haralson Absent: Knackstedt, Kleidon, Watkins Others Present' Mayor John Mayor Williams, Councilwoman Porter, Councilwoman Swarner (in at 7:35 p.m.) City Attorney Graves, Councilwoman Jackman, Airport Manager Cronkhite, and Contract Secretary Roper Public' Charisse Millett (ERA Aviation) ITEM 2: AGENDA APPROVAL Commissioner Bielefeld MOVED to approve the agenda and asked for UNANIMOUS CONSENT. Commissioner Holloway SECONDED the motion. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- August 8, 2002 Airport Manager Cronkhite requested a correction to Item 7-b, Airport Manager's Report, stating it should note the City Council did not take the money from the airport advertising budget but rather appropriated additional funds for the advertisement. Commissioner Holloway MOVED to approve the minutes of August 8, 2002 as corrected and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS Discussion -- Airport Passenger Leakage and Fare Study Cronkhite reported Chairman Knackstedt invited Councilwoman Porter to the meeting to answer any questions regarding her motion to table the resolution for the airport study. Councilwoman Pat Porter -- Porter's comments included the following: · Her tabling the issue had nothing to do with whether or not she agreed or disagreed with the study; rather she felt ERA should have been contacted for information. · She thought the intent of the study needed to be better explained to Paul Landis (ERA Senior Vice-President) and given an opportunity to comment on the study, provide information and/or answer questions the Commission might have. · Tabling the resolution would provide the necessary time to diffuse a situation she felt was becoming uncomfortable and out of hand. · A work session was not scheduled at that time because some organization is required between Council, the Airport Commission and ERA, however it would be set at the next council meeting. · The direction from Council was to get some input regarding marketing the airport and not. necessarily going out to £md out why ticket prices are so high. · She did make a negative comment about using an outside firm, as she believes in using local and/or Alaskan companies. · Though requested the tabling, it didn't mean she was going to vote against the study. Commissioner Van Zee stated he was in favor of letting the market take care of itself, however, before it can be determined whether that is being done, he would need to know what the market is and the study could provide that information. He added, the Commission was moving forward at the direction from Council and now feels some clarification is required with regard to whether or not to do the study. Airport Manager Ckonkhite noted the following: · The main idea behind the proposal was to educate everyone as to what all the options are when marketing the airport and attracting another air carrier was just a part of the package. · There were many questions raised about the high airfares and why people chose to drive rather than fly and the data from the study could answer those types of questions. · It is possible the result of the study could say it isn't a good idea to bring in another carrier and the City should focus on attracting other types of businesses at the airport. The proposed study was discussed very openly with the ERA station manager on many occasions. Van Zee stated, when he reviewed the study the last thing he thought of was ERA's pricing as he focused on other business development at the airport. Van Zee provided some other scenarios such as direct flights from Kenai to Seattle and added, there were a lot of unknowns and without the basic information of what the market is, it would be difficult to go forward. Van Zee continued, he was disappointed the Commission wasn't given the opportunity to discuss the merits of the study and the validity of AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 2 spending the money because it got sidetracked due to misinterpretation. He personally felt it is the responsibility of the Commission to attract new business to the airport whether it was a new carrier, a manufacturing firm, etc. and the study was an effort to do that. If ERA has something to add, Van Zee said, the Commission should look at it but still go forward with the study as the deadline for federal funding is March 2003, and it is important there be no further delays. Mayor John Mayor Williams -- Williams' comments included: · Expressed appreciation for the comments made regarding the study and thought many of them were justified. · He was attending this meeting as he thought Landis (ERA) would be present and to also let the Commission know he supports the decision to have the study done. · The Commission shouldn't look at the tabling of the resolution as a decision by Council to not go ahead with the study and added, Council tasked the Commission to market the airport and because of that Council should provide the tools to make it happen. · The study was probably misnamed and the resolution miswritten to some extent and that is what probably raised the ire of ERA. · The study was not to be a lift-ticket study, passenger study, or cost study but rather a study combining not only those elements, but a variety of ~thers as well. · The studies included in the proposal were wide and varied and after hearing the conversation tonight he thought perhaps the study wasn't patterned to go far enough as there might be other areas that should be included. · With the participation of ERA, they could benefit from information garnered from the study, however, the entire decision on the direction of the airport would not be based on information received from the only air carrier doing business in Kenai. · He wants to go ahead with the study and even increase it as he has had conversations with individuals in the community after the September 4 council meeting and in almost all of the conversations, the topic of concern was airfares. · The airport does not belong to the State of Alaska, the federal government, Landis or anyone else; it belongs to the people of the City of Kenai and is one of the biggest economic enterprises in the town and a result, Williams said, it is the responsibility of the City of Kenai to see the airport function and function well. · Commission meeting packets can be forwarded to ERA if requested and meeting agendas and minutes are posted on the city's website. Councilwoman Jackman noted her disappointment the resolution was tabled even though she encouraged its passage. She added, she didn't feel that one person or even one air carrier was a good reason to not go forward with the resolution. Commissioner Haralson noted the following: · He wanted to go on record by stating the Commission is charged with AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 3 marketing the airport and increasing revenues through two, i.e. passenger traffic (the focus of ERA and some others) other business revenue at the airport. · The problem he observed in marketing the airport is not knowing where it is and what it should be; the study could provide those answers. · ERA should be encouraged to provide information, however, that information should come from other air carriers as well, especially those who have operated in this area. · The expertise for this type of study is not available in Alaska. · Expressed his desire to have the joint work session scheduled as soon as possible. Commissioner Bielefeld stated the City is strongly in need of the study but also supports the businesses that are already here, specifically ERA. He added, he felt perhaps the study was presented in a manner that Landis felt he had to defend against and that Landis needed to be sold on the idea as well and encouraged the City to work with him. Cronkhite noted the following: · She took exception to some of the comments expressed by Landis and reported she had a conversation with ERA's station manager and explained the potential benefit to ERA prior to the council meeting. · The City a_nd ERA have always had a good relationship. · If ERA followed up on the study when she f~rst mentioned it to the station manager many of Landis' questions would have been answered. · She supports a continued relationship with ERA and had supplied ERA's station manager with minutes of the last Commission meeting. Councilwoman Porter reminded the Commission there's an opportunity now to go forward and f~x whatever needs to be fixed and to get the study going. She added, she sees what ERA does for the community, i.e. supporting the Offers, purchasing ads in school yearbooks, etc., and encouraged the Commission to move forward. · · here. the airport. go. Charisse Millett (ERA}- Millett made the following comments: · ERA has no opposition to the study if it is indeed a true marketing study though, discussing airfares and ticket prices is the responsibility of the private enterprise. ERA feels they can provide a direction in which the study could go. ERA loves the airport and thinks it is a fabulous facility or wouldn't be There are other areas besides fares that could guide the City in marketing ERA has been in Kenai for 19 years and has seen nine carriers come and Feels there has been miscommunication and ERA is more than willing to come to the table to discuss the study and to provide information that may be helpful, AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 4 however, to invite competition and buy bulk tickets is not something ERA would be interested in doing. BREAK TAKEN: 8:20 P.M. Mayor Williams, City Attorney Graves, Councilwoman Porter and Charisse Millett left at 8:20 p.m. BACK TO ORDER: 8:30 P.M. ITEM 6: NEW BUSINESS Discussion -- Draft Land Use Plan/City of Kenai Comprehensive Plan Cronkhite explained this is the final draft of the Kenai Comprehensive Plan and when the decision to update the plan was made, she thought this would be a good opportunity to integrate the Airport Master Plan into the City's Comprehensive Plan. Cronkhite continued, there are some zoning issues with the noise overlay, the airport light industrial zone, etc., and leasing information that can be integrated into the two plans there is a nice, cohesive guide for the City to follow taking into consideration those items outlined in the Airport Master Plan. Cronkhite requested the Commission members to contact Marilyn Kebschull, the City Planner, with any suggested changes to the airport's portion but to do it in a very timely manner as this was the final draft. Cronkhite reported Chairman Knackstedt commented on page 7, line 12 and 15 which addresses the noise overlay zone and the noise zones were updated based on air traffic. She added, when-property is purchased and it lies within the 60 DNL, they are notified they are near an airport and there will be airplane noise. Knackstedt's concern was whether or not the DNL figure used in the Comprehensive Plan had been updated. Cronkhite confirmed it had been. Other suggested additions were to include a line item as a reminder that expert review from the airport manager or the FAA concerning proposed uses is required. Cronkhite suggested that AP4 be changed as follows: The Planning and Zoning Commission will refer to the current Airport Master Plan document when reviewing airport properties for compatibility with the Comprehensive Plan. A task under AP4 should be added as follows: Planning and Zoning should include the Airport Commission in review of proposed uses for airport properties. AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 5 Cronkhite again asked Commissioners to contact Kebschull if there are any other changes or additions. Discussion -- Airport Office Space Rental Cronkhite reported she had a request for office space rental at the airport from a current tenant. The area requested is behind one of the two vacant ticket counters. Cronkhite added, ERA is currently using the space as a break room and it would be moved to allow the office space. After discussion, it was agreed Cronkhite should take the issue council for approval but the new tenant should be advised if a new carrier comes in, they may have to move. ITEM 7: REPORTS 7-a. Commission Chair -- Van Zee reiterated the need for the study to go forward promptly. 7-b. Airport Manager -- Cronkhite reported the following: * The search continues for a replacement for the Operations Supervisor at the airport. Cronkhite reported not all applicants met the qualifications required so they will re-advertise with a new job description. The new requirements will focus on snow removal and supervisory skills. The City will train on regulations, etc. Cronkhite also noted the salary was low compared to other airports and she hopes the position will be filled by October 15, 2002. · There is an airport emergency exercise planned for September 18th. This will not qualify as the th-annual training required by FAA however the full-scale exercise will take place once the new gate system is installed. She provided a report on four FAA grants for which they recently applied. 7-c. City Council Liaison -- Councilwoman dackman provided a report on the August 21 and September 4 council meetings. ITEM 8: COMMISSIONER COMMENTS AND (~URSTIONS Commissioner Bielefeld asked if the fire trucks were now in the new facility and Cronkhite explained they would be moved over once the radio system is in place. Commissioner Holloway asked if the Commission meetings would be held in the new facility and Cronkhite explained the conference room would not accommodate the members and any visitors and recording equipment is not available. Cronkhite stated she would include the item on the next meeting agenda for discussion as she felt at least one meeting should be held there. ITEM 9: PERSONS NOT SCHEDULED TO B~. H~.~r) -- None AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 6 ITEM 10: INFORMATION ITEMS 10-a. 10-b. Kenai City Council Meeting Action Agendas for August 21 and September 4, 2002. 8/02 Monthly Enplanements and Float Plane Basin Activity ITEM 11: ADJOURNMENT MOTION: Commissioner Holloway MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 9'17 p.m. Minutes prepared and transcribed by: Barbara Roper, Contract Secretary AIRPORT COMMISSION MEETING SEPTEMBER 12, 2002 PAGE 7 CITY OF KENAI PLANNING ~ ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 25, ~002- 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 11, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ02-57---Prehmmary Plat--Papa Joe's Subclivision-Chumley Replat. A replat of Lots 1, 2 and 4-7. Submitted by Integrity Surveys, 605 Swires Road, Kenai, AK 99611. b. PZ02-58~Prehmmary Plat---Inlet Woods Subdivision-Jones Replat. A replat of Lots 2 and 3. Submitted by Integrity Sur~eys, 605 Swires Road, Kenai, AK 99611. .~_ 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTS &, ~UESTIONS: 14. ADJOURNMENT: COMPREHENSIVE PLAN WORK SESSION IMMEDIATELY FOLLOWING REGULAR MEETING CITY OF KENAI PLANNING/k ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS SEPTEMBER ~5, ~002 VICE-CHAIR PHIL BRYSON, PRF~IDING ITEM 1' CALL TO ORDER Vice-Chair Bryson called the meeting to order at approximately 7'00 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners Present' Commissioners Absent: Others Present' Bryson, Tunseth, Nord, Osome, Amen, and Glick Goecke City Clerk Freas, City Planner Kebschull, Councilman Bannock and Consultant Kevin Waring X-bo Agenda Approval MOTION: Commissioner Glick MOVED for approval of the agenda as presented, including the lay down (updated list of commissioners) and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. X'Ce Consent Agenda MOTION: Commissioner Osborne MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September 11, 2002 Approved by consent agenda. ITEM 3: SCEHDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ02-57 -- Preliminary Plat -- Papa Joe's Subdivision/Chumley Replat. A replat of Lots 1, 2, and 4-7. Submitted by Integrity Surveys, 605 Swires Road, Kenai, AK 99611. MOTION: Commissioner Glick MOVED for approval of PZ02-57 -- Preliminary Plat -- Papa Joe's Subdivision/Chumley Replat and Commissioner Osborne SF~ONDED the motion. City Planner Kebschull noted the utility easement will be vacated and the City En~eer had no objections. There were no public or Commission comments. VOTE: There were no objections. SO ORDERED. 4-bo PZ02-58 -- Preliminary Plat -- Inlet Woods Subdivision-Jones Replat. A replat of Lots 2 and 3. Submitted by Integrity Surveys, 605 Swires Road, Kenai, AK 99611. MOTION: Commissioner Osborne MOVED for approval of PZ02-58 Preliminary Plat -- Inlet Woods Subdivision-Jones Replat and Commissioner Glick S~2Oti'~ED the motion. Kebschull noted comments made by Commissioner Amen prior to the beginning of the meeting regarding a structure he is aware of on one of the lots which is not indicated on the plat. She explained, the resolution requires the plat verify there are no encroachments and the surveyor will need to do that at borough level. She added, technically the stm.. cture should have been shown on the plat. There were no public comments or further comments from the Commission. VOTE: There were no objections. SO ORDERED. ITEM 5: PUBLIC HEARINGS-- None. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS PLANNING & ZONING COMMISSION MEETING SEPTEMBER 25, 2002 PAGE 2 10-a. City Council -- Councilman Bannock reviewed actions taken by council at their September 18 council meeting: · Passage of a slash ordinance based on zone and size of lots. · There are two additional LID paving projects to take place in the spring. · A joint work session will be held on October 15 with the Council, Airport Commission and representatives of ERA Aviation to discuss the proposed airport marketing study. · Council discussed the borough ordinance to exempt sales tax on senior, disabled veterans and disabled resident rents and an ordinance will be brought forward for council's consideration at the October 2, 2002 council meeting for the city to exempt itself from the ordinance. · Council unanimously vetoed the petition to vacate the 33-foot access easement along the east boundary of Government Lots $1 and 61. Commissioner Tunseth asked the progress of the Unity Trail and Bryson noted it was his understanding the State would begin paving Redoubt Boulevard in Soldotna in the next few days and the remainder in the spring after right-of-way problems are resolved. 10-b. Borough Planning -- Bryson reviewed the September 23, 2002 Borough Planning meeting agenda included in the packet and noted the follo~g: · · · approved. Fifteen plats were reviewed and all were approved. Three public hearings were held and those items were all approved. The vacation of a utility easement in the Daisy Subdivision No. 3 was A fight-of-way acquisition plat on Mann Road was approved. 10-c. Administration-- Kebschull noted the following: · Commissioner Goecke will be out-of-state and will m/ss the October Commission meetings. · Asked if the Commission w/ll want to request council to cancel their November 27 meeting {Thanksgiving eVe). MOTION: Commissioner Osborne MOVED to request council to cancel the regular Planning & Zoning Commission meeting scheduled for November 27 and Commissioner Glick SECONDED the motion. There were no objections. ~O ORDERED. ITEM 11: PERSONS PRESENT NO SCHEDULED-- None. ITEM 12: INFORMATION ITEMS -- None. ITEM 13: COMMISSION COMMENTS/t~ OUESTIONS-- None. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 25, 2002 PAGE 3 Councilman Bannock noted, depending upon the outcome of the election, this may be his last meeting with the Commission and thanked them for their efforts and added, he has always enjoyed his involvement with the Commission. ITEM 14: ADJOURNMENT MOTION: Commissioner Glick MOVED to adjourn the meeting and Commissioner Osborne S~OI~ED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7'20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 25, 2002 PAGE 4 MEMO: CiTY OF KENAI "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 br~"t,,r~ TO' THRU' FROM' DATE' SUBJECT: Carol Freas, City Clerk Linda L. Snow, City Manager Marilyn Kebschull, Planning Administration September 26, 2002 Planning & Zoning Commission - Special Meeting Request The Planning and Zoning Commission has requested a work session be scheduled for Tuesday, November 19th at 7 p.m. The purpose of the meeting will be a presentation of the completed draft Comprehensive Plan. Please notify Council of this request and let me know if the meeting date is approved. Thank you. AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 18, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. ci.kenai.ak.us BOARD OF ADJUSTMENT HEARING: Appeal of Planning & Zoning Commission Denial of application for a Conditional Use Permit for a retail business to operate a pet grooming business on the property known as 1802 Fourth Avenue (Lot 6, Block 2, Spruce Grove Subdivision}, Kenai, Alaska. Appeal submitted by Nancy Henrickson. 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' o . ITEM C: le e SCHEDULED PUBLIC COMMENTS (10 minutes) Byron K. Huffman, FAA Alaskan Region Airports Division Manager-- Presentation of Grant Offers for 2003. Bill Coghill, Mikunda, Cottrell & Co. -- Presentation of Single Audit Report and City of Kenai Financial Statement. PUBLIC HEARINGS Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Sixty {60} Days on Property Within the City of Kenai. a. Substitute No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than 120 Days on Property Within Certain Areas of the City of Kenai. Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Officer Report Writing Stations. . o , . , . ITEM D: , 2. 3. 4. 5. 6. 7. ITEM E: o ITEM F: o Ordinance No. 1973-2002 -- Increasm§ Estimated Revenues and Appropriations by $20,000 in the General Fund, Water and Sewer Fund, and ARFF/SRE Capital Project Fund for Communications Equipment. a. Motion for Introduction b. Motion for Second Readin§ (Requires a Unanimous Vote) c. Motion for Adoption Resolution No. 2002-63 -- Approving a Contract to Motorola for the ARFF/SRE Commumcations Upgrade for the Total Amount of $264,769. Resolution No. 2002-64 -- Adopting an Alternative Allocation Method for the FY03 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. 2002-65 -- Directing the Continuation of the Project Entitled "Schooner Circle Pavin§ District" and Designatm§ What Improvements are to be Included in this Project. Resolution No. 2002-66 -- Setting the Public Hearing Date on the Proposed Toyon Way Paving District. Resolution No. 2002-67 -- Awarding a Five-Year Contract for the Kenai Municipal Airport Vending Machine Concession to Tyler Distributing Company, Inc. Resolution No. 2002-68 -- Prioritizing Capital Projects in the Community for Submission to the State of Alaska for FY 2004 Funding Under the Capital Project Matching Grant Program (AS 37.06). 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 d. I<enai Chamber of Commerce MINUTES *Regular Meeting of September 4, 2002. CORRESPONDENCE *9/13/02 David C. Wartmbee letter regarding personal tax on airplanes. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS . Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 o *Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Butt Within the Setback and How Close Such Structures May Be Built to Lot Lines. o *Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. . Discussion -- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement Along the East Boundary of Government Lots 51 and 61, Adjacent to the 30-Foot Portion to be Dedicated as Candlelight Drive, All Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB Ftc No. 2002-166. . , Discussion -- Schedule work Session with Airport Commission, ERA Aviation and Council to Discuss Airport Marketing. DiscUssion-- Proposed Ordinance Amending KMC 7.10.050, Which Incorporates by Reference the Borough Sales Tax Code by Adding a Section Excluding KPB 5.18.200(a}(16), Which Provides a Sales Tax Exemption for Semor, Disabled Veteran, and Disabled Resident Rental Housing, From the City Sales Tax Code. ITEM I: REPORT OF THE MAYOR ITEM J' ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL- REGULAR M~ETING SEPTEMBER 18, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http'//www.ci.kenai.ak.us BOARD OF ADJUSTMENT HEARING: Appeal of Planning i~, Zoning Commission Denial of application for a Conditional Use Permit for a retail business to operate a pet grooming business on the property known as 1802 Fourth Avenue (Lot 6, Block 2, Spruce Grove Subdivision}, Kenai, Alaska. Appeal submitted by Nancy Henrickson. ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 8:04 p.m. (immediately following the Board of Adjustment hearing) in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance prior to the Board of Adjustment hearing. A-2. ROLL CALL Roll was taken by the City Clerk prior to the Board of Adjustment hearing. Present were' Absent was: Bookey, Swarner, Porter, Bannock, Jackman, and Williams. Moore A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: B-2, Persons Scheduled to be Heard/Bill Coghill -- Management Letter ADD AS: D-Th, Kenai Convention/~ Visitors Bureau -- Activity Update ADD TO: H-6, Scheduling of Council/Airport Commission/ERA Aviation Work Session -- CLF memorandum regarding ERA available dates. ADD TO: H-7, Discussion regarding proposed amendment to the city Sales tax code to exclude KPB 5.18.200{a)(16) {providing a sales tax exemption for senior, disabled veteran, and disabled resident rental housing -- copies of the KPB ordinance allowing the exemption and a proposed ordinance mending other provisions of the KPB sales tax code. MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 2 Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SF..~ONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA MOTION: Councilwoman Swarner 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 Byron K. Huffman, FAA Alaskan Region Airports Division Manager-- Presentation of Grant Offers for 2003. Huffman noted, his Division works in conjunction with their sponsors to plan, program and develop airports and provide approximately 94% of the funding for airport improvements in the State. Over the last ten years, the administration of the airports improvement program has awarded grants of $148 million to sponsors in Alaska, of which the City of Kenai has received $21.1 million. Huffman then presented the City of Kenai three grants totaling approximately $900,000 and an additional $750,000 as a part of the multi-year grant for the operations facility -- approximately $1.6 million AIP funding this year. Those grants will be used for conducting an environmental assessment of the main runway extension and runway safety area improvements ($351,000}; improving the security fencing, installation of access control gates and closed-circuit television system on the airport (multi-year grant $328,000 this year and approximately $600,000 in FY03); and, acquiring snow removal equipment ($215,000). Bill Coghtll, Mikunda, Cottrell & Co. -- Presentation of Single Audit Report and City of Kenai Financial Statement. Coghill briefly reviewed the audit reports and financial statement received from Mikunda Cottrell and noted: Sales tax increased by eight percent (approximately $360,000 increase). · Interest earnings are down almost $970,000 from the last year due to declining interest rates and less money to invest. · Revenues were up approximately $250,000 over the budget amounts. · Expenditures were under budget, resulting in an unappropriated fund balance of about $5.1 million (about the same from last fiscal year). Other funds were healthy. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 3 · General Fund expenditures were up due to purchase of land from the Airport Land Fund for the Youth Detention Center and the buy-out of Phase I Multipurpose Facility. · Bonded debt is $460,000 and a liability of $1.4 million for spill cleanup has been recorded, however it is unknown what the amount will be for actually doing the cleanup. Coghill also noted, the reporting format will change next year due to the new governmental accounting standards. An evaluation will be included to summarize all the activities of the City into a statement of net assets and changes in net assets, indluding infrastructure, which can be depreciated. He added, next year's report, he felt would point out some very interesting facts about the city and they would be favorable. Coghill also explained the city has a Debt Service Fund which has no debt, but does have assets (uncollected special assessments). He suggested the Debt Service Fund be removed and the assets moved to the General Fund as there is no reason to have the fund without any debt. ITEM C: PUBLIC HEARINGS C-lo Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Sixty (60) Days on Property Within the City of Kenai. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1963-2002 and Councilman Bannock SECONDED the motion. C-l.a. Substitute No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than 120 Days on Property Within Certain Areas of the City of Kenai. MOTION TO AMEND: Councilwoman Porter MOVED to approve Substitute No. 1963-2002 (identified as C- la) and Councilman Bannock SECONDED the motion. VOTE ON MOTION TO AMEND: There were no objections. SO ORDERED. There were no Public comments, Porter encouraged passage of the ordinance as she felt and ordinance is needed to work with when slash problems arise. Bookey explained he felt more comfortable about the ordinance with the amendment including KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 4 lot size and zones. He requested the ordinance be reviewed in one year. It was also confirmed, the city would be able to comply with the ordinance as it is now written. Porter requested the ordinance be noted in the next newsletter. VOTE: Bookey Pot~er Williams Yes Swarner Yes Moore Absent Yes Bannock Yes Jackman Yes Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Officer Report Writing Stations. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1972-2002 and Councilwoman Swarner SECONDED the motion. .... There were no public or council comments. VOTE: Bookey Potter Williams Yes Yes Yes Bannock Yes Yes Moore dackman Absent Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1973-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund, Water and Sewer Fund, and ^RFF/SRE Capital Project Fund for Communications Equipment. C-3a. Motion for Introduction MOTION: Councilwoman Swarner MOVED for introduction of Ordinance No. 1973-2002 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. C-3b. Motion for Second Reading {Requires a Unanimous Vote} KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 5 MOTION: Councilwoman Swarner MOVED for the second reading on Ordinance No. 1973-2002 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. C-3c. Motion for Adoption MOTION: Councilwoman Swarner MOVED for the adoption of Ordinance No. 1973-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Bookey Yes Swamer Yes Moore Absent Porter Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. C-4o Resolution No. 2002-63 -- Approving a Contract to Motorola for the ARFF/SRE Communications Upgrade for the Total Amount of $264,769. MOTION: Councilwoman Jackman MOVED to approve Resolution No. 2002-63 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. It was noted the funding for the upgrade was received through AIP.grants in FY2001-2002. Police Chief Kopp explained this was a sole-source purchase because public safety is a focus of the supplier's vendor market. Also, the city was currently using Motorola equipment and now doing an upgrade, it was necessary to continue with Motorola equipment. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 6 Resolution No. 2002-64 -- Adopting an Alternative Allocation Method for the FY03 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. 2002-64 and requested UNAI~n~IOUS CONSENT. Councilman Bookey SECOI~ED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2002-65 -- Directing the Continuation of the Project Ent/fled "Schooner Circle Paving District" and Designating What Improvements are to be Included in this Project. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-65 and requested UN~N'I~OUS CONSENT. Councilman Bookey SECOI~ED the motion. Lynn Anthony Milionta, 2610 Watergate Way, Kenai -- Reported he and his wife were surprised to receive the letter regarding the proposed paving project. He discussed the matter with a neighbor several summers ago. Neither he or his wife are fundamentally opposed to the paving of Schooner Circle, but it was the assessment that concerned him. He noted, he felt the assessment for their property was higher for a perceived value that was less and didn't feel it was equitable. Milionta explained, their property faces on Watergate Way and Schooner comes along side of their property. Because their lot is long and the assessment is based on total acreage, the cost to them is the highest. Milionta stated he believed there could be a more equitable solution which could be discussed between he and his neighbors. He added, the portion of his property facing Schooner Circle includes a treed barrier which is valuable to the neighbors and the children playing there and they have no plan in improving that portion of the lot (which lowers that value). Milionta requested time to speak with his neighbors in regard to other equitable ways to split the cost for the paving. It was confirmed by City Attorney Graves, the resolution indicated basing the assessments on a square footage and if the allocation were changed, the resolution would need to be amended. He added, the code specifies allocation on a square footage basis unless council determines otherwise. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 7 Geri Chivers -- Stated she has talked with other neighbors about splitting the cost of Milionta's portion between them because he will not receive any benefit from the paving. She has not yet spoken to all the neighbors at this time. There are only four property owners using the circle. Williams noted, after speaking with Attorney Graves, in order to have a clear understanding of what they are proposing and to be part of the record, Graves will assist the property owners in formulating a letter delineating their request. MOTION TO TABLE: Councilwoman Porter MOVED to table Resolution No. 2002-65 for 30 days (the second meeting of October) and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. C-7o Resolution No. 2002-66 -- Setting the Public Hearing Date on the Proposed Toyon Way Paving District. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-66 and requested UIYANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-8o Resolution No. 2002-67 -- Awarding a Five-Year Contract for the Kenai Municipal Airport Vending Machine Concession to Tyler Distributing Company, Inc. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2002-67 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 8 Resolution No. 2002-68 -- Prioritizing Capital Projects in the Community for Subrmssion to the State of Alaska for FY 2004 Funding Under the Capital Project Matching Grant Program {AS 37.06). MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-68 and requested UNANn~OU$ CONSENT. Councilwoman Jackman 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 -- Swamer reported she and Senior Director Craig would attend a workshop regarding predevelopment grants for assisted living facilities at the end of the week. D-2o Alrp'0rt Commission-- No report. D-3. Harbor Commission -- Komelis reported the Commission met on September 9. They have been reviewing revenue concerns for the dock and will have a recommendation for council's review at their October work session. Komelis added, the Commission particularly interested in the possibility of assigning the personal property tax on boats to the dock fund, as well as parking fees and fish tax. Porter noted, in the meeting minutes reference was made to the Parks & Harbor Commissions working together and Komelis noted, the dip net parking fees go to the General Fund and the Parks & Recreation Department collects the fees. Porter suggested the Parks & Harbor Commissions meet together to discuss concerns they may have. D-4. Library Commission -- Director dankowska noted the meeting minutes were included in the packet. It was noted the October meeting had been cancelled and an application from Megon Coon was included in council's packet for appointment to the Commission. Council had no objections to Coon's appointment. D-5. Parks ~ Recreation Commission -- Porter reported there was no quorum, although a work session was held at which time the possibility of placing a small gazebo in the cemetery was discussed with Frank Getty, who has been doing a lot of volunteer work at the cemetery, along with his son. Those commission members present had no objections. Getty reported he had received some donated funding for KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 9 the materials. Porter also noted Getty would like water brought into the cemetery for watering purposes. Williams suggested conduit and hose could be placed through a culvert from across the street which would bring a water source closer and out of the way of traffic. Director Frates reported that was presently being done. D-6. Planning/h Zoning Commission -- Bannock reviewed actions taken at the September 11 meeting and noted the draft minutes of the meeting were included in the packet. Williams suggested council consider requesting the Borough to transfer ownership of 20 acres of property in the Lawton Drive area. The property is where the test water well is located. The city could develop the road from Swires to Lawton Drive and open it as an alternate route into town; tie two dead-end water lines together, etc. Williams suggested the city put the Borough on notice of the city's interest. D-7. Miscellaneous Commissions and Committees D-Ta. Beautification Committee -- Swarner reported the minutes of the meeting were included in the packet and noted the following: A request was made by the KVCB to move and relocate some of the trees in the planters at ~the Center and replace them with shrubs. · A request was made from the Chamber to place 54' king salmon replicas in concrete planters throughout town as a fundraismg effort. She noted, the Committee didn't feel they had adequate time to review the request as there was no information included in their packet for review prior to the meeting and they wanted to discuss the matter further at their October meeting. Swarner reported pictures of the fish replicas were included in the packet. She also noted the Committee had concerns about signs, whether they would be allowed by the sign code, the ability to read them from a distance, whether they would be considered off-premises advertising, etc. Carol Bannock, Kenai Chamber of Commerce -- Noted the following: The Chamber needs and indication from the city whether they could proceed w/th the project in order for them to make their requests for sponsors whose fiscal years end in December and who would soon be considering their budgets for their new fiscal year. · The sponsor purchase price will include $100 to be forwarded to the city to go toward purchase of plants for the planters. · Which planters to be used did not need to be decided at this time. MOTION: Councilwoman Porter MOVED to allow the Chamber to work with the City of Kenai to establish the Hooked on Kenai fish project and Councilwoman Jackman SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 10 Discussion brought forward the following comments' · Case law did not indicate the signs to be used would be considered "off premises" advertising. · The Parks & Recreation Department and Beautification Committee should continue their flower program {choosing, planting, and maintenance). · Report council's actions to the Committee to keep them included in the program. VOTE: There were no objections. SO ORDERED. D-7b. Kenai Convention/k Visitors Bureau Board -- Bookey reported a meeting was scheduled for September 23. He also noted an activity report was added to the agenda at the beginning of the meeting. D-7c. Alaska Municipal League Report -- Reported he would be visiting the Kenai Middle School in order to discuss the AML's "If I were mayor..." writing contest. D-7d. Kenai Chamber of Commerce -- Carol Bannock reported tickets for the "Hooked on Kenai Wild" festival were available for sale at the Chamber ITEM E: MINUTES Regular Meeting of September 4, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE F-Xo 9/13/02 David C. Wartinbee letter regarding personal tax on airplanes. Wartmbee discussed his letter which was included in the packet regarding his objections to paying personal property tax on his airplane and how the city's continuing to charge the tax affects airport and city businesses. He suggested the city lift the tax. He noted, he believed lifting the tax would bring many other planes to the airport for parking, etc. With more planes parking at the airport, auxili~ businesses, i.e. mechanical, hangars, etc. would be more likely to want to build/rent space at the airport. He added, because people are choosing to park their planes at other sites, the city is losing out on fie-down fees, local shopping, restaurant usage, etc. A lengthy discussion followed and it was explained' · When the borough exempted the personal property tax on planes and boats, it raised taxes on cars. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 11 Wartinbee and other pilots should consider what the Kenai Airport offers them, even with the fees and taxes charged. · The issue could be also be discussed at one of the council's policy work sessions. · Taxes on planes go to the General Fund, not the airport. When revenues are down, the costs go to the taxpayers. Should the taxpayers bear the burden? ITEM G: OLD BUSINGS-- None. ITEM H: NEW BUSINESS H-Xo Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. i-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-3o Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. Introduced by consent agenda. H-4o Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. Introduced by consent agenda. Discussion -- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement Along the East Boundary of Government Lots 51 and 61, Adjacent to the 30-Foot Portion to be Dedicated as Candlelight Drive, All Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2002-166. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 12 Phil Bryson, Kenai Planning ~ Zoning Commission Vice-Chair and City's Representative to Borough Planning Commission, lo-OS Third Avenue, Kenai -- Bryson explained this is the third of three actions taken on the property: (1) in the past the property operated as a business with a conditional use (over 30 years ago}; (2) a fuel storage facRiW was constructed on the property and through time a concrete containment was constructed for it and a cover to keep the weather from the area; (3) in the recent past, one or more buildings were constructed with building permits {last permit was dated 1994 and issued when it was observed there was construction going on in the area). During the last construction, a building was constructed across the property line and trespassing the adjoining property. Subsequently, there's a petition to vacate the access easement in order to remove a cloud on the property for the building that is in the city right of way. The borough proposed to vacate it so that a 30-foot right-of-way would remain and vacating the three-foot portion. Bryson noted, for vacations, there are usually topographic issues, i.e. gull/es, excessive grade, to address trespass issues, etc. He added, in general he was not opposed to vacations to address trespass issues, however the ramifications of what is proposed by the borough would be that it would set a precedent by providing for the minimum acceptable situation to solve the problem. Bryson continued, the property owner is subdividing the property and creating lots away from the area where the trespass is located. Bryson stated, at the Borough Planning Co~m_ission meeting, it was asked ff only footprint situations are vacated and the agent of the petitioner stated straight lines were easier to deal with. Bryson explained, to him the issue was precedence and noted, there are 256 original government lots and this precedent would allow owners of those government lots to ask for the same type of vacations for one or both sides of their property. Bryson noted, council could either allow the vacation or veto it. Bannock noted, the Planning & Zoning Commission voted unanimously to recommend council exercise their option to veto. He noted reasons the Commission made their decision as follows: The owner does not own the right of way. The vacation of the strip along the government lots would equal approximately 1,350 sq. feet of city property. · Why should the city give up city right-of-way because someone built a building in the wrong place. Williams asked if the owner of the building/property could negotiate with the city to continue use of the trespassed right-of-way and Attorney Graves noted, the city has leased a portion of a right-of-way on airport property which was not being used. He added, because there is precedent, he believed it was doable, however he didn't think KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 13 the city would want to make a long-term lease. Williams noted, in the future accounting reporting, the right-of-way would be considered an asset. Bryson added, on the preliminary plat forwarded to the Borough, the structure was indicated as a fuel storage building and in testimony it was described as a fabrication building. He added, it appears a portion of the building was already existing on BLM Lot 61 which was not part of the conditional use property. MOTION: Councilman Bannock MOVED for the City of Kenai, in accordance with AS 29.40.140 exercise its right to veto the decision of the Borough Planning Commission of the property marked Item H-5 on the agenda and Councilwoman Swarner SECONDED the motion. VOTE: Bookey Porter Yes Yes Moore Absent Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED'UNANIMOUSLY. H-6. Discussion -- Schedule Work Session with Airport Commission, ERA Aviation and Council to Discuss Airport Marketing. Council set a work session for October 15, 2002 to begin at 7:00 p.m. in the Council Chambers. i-7. Discussion-- Proposed Ordinance Amending KMC 7.10.050, Which Incorporates by Reference the Borough Sales Tax Code by Adding a Section Excluding KPB 5.18.200(a)(16), Which Provides a Sales Tax Exemption for Senior, Disabled Veteran, and Disabled Resident Rental Housing, From the City Sales Tax Code. A lengthy discussion took place in which the following comments were made' · The Borough rental tax exemption will take effect on October 1 and the city cannot take action on an ordinance prior to that deadline without holcting a special meeting. The state statutes allow for a 30 day period. · Homer and Seward have chosen not to fight the issue due to the timeframe of the borough's ordinance taking effect. · The city will lose approximately $15,000 in sales tax if it goes ahead with the exemption and approximately $7,000 of that would be from senior housing. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 14 · If the city goes forward with it, it will be a loss to the General Fund, however if it does not, people will move which would also be a financial concern. · The City is at a political disadvantage and the issue is tied to the election. Writing a letter to the borough, expressing the city's concerns should be signed by all the council members. · If council wants to attack right away, a special meeting could be held and the ordinance introduced and passed on the same night. The city code adopts the borough tax code; council may want to amend the Kenai code in order to make its own exemptions (like Seward). BREAK TAKEN: 11' 14 P.M. BACK TO ORDER: 11:30 P.M. Bookey suggested not taking action at this time, wait until after the election, and revisit the issue if council feels it is necessary. He noted, there are other tax concerns that may be brought forward after the election and will need council's consideration. He suggested council could discuss the issue further during one of the policy work sessions. He requested administration to investigate Seward's code and bring the information back to council as soon as possible. It was also noted,'Williams and Bannock should write a letter and bring it back to council for review at the next council meeting. ITEM I: REPORT OF THE MAYOR -- Willies noted he would be attending an Economic Development District Board of Directors meeting in the morning and requested a council member consider taking over that responsibility. ITEM J: ADMINISTRATION REPORTS J-1. City Manager-- Snow commented on the following: · The staff reports were included in the packet. · She will be out of town from September 27 through October 5 and Finance Director Semmens will be acting city manager during her absence. · Suggested discussing senior rents at a later date. Swarner suggested the senior rent issue be discussed at a policy meeting and council had no objections. Porter requested the leases for the Art Guild and Historical Society be reviewed at the policy work sessions as well. Council had no objections. J-2. Attorney-- Graves reported the following: · _ For the second year, they would be attempting to attach approx/mately $22,000 from Permanent Fund Dividends from 208 individuals. Of that amount, approximately $17,000 would come to the city. KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 PAGE 15 He will be out of town September 26 and 27. J-3o City Clerk-- No report. ITEM K: DISCUSSION K-Xo Citizens-- None. K-2. Council Bookey-- Noted some updating was needed on the city's webpage. 'Swarner -- Noted she received a comment regarding difficulty to see around the lift station at Walker Lane. Porter-- Asked how voting went at the Senior Center as a new polling site and Director Craig stated it was favorable. Bannock-- Invited everyone to a post-election gathering at the Chrysler Center on October 1. Jackman -- No comments. Williams -- Noting the letter from the Kenai Peninsula Economic Development District requesting sponsorships for Vista Volunteer training, he suggested inviting the volunteers to spend time with city administration for insight into running a city . government. EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 11'47 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z Z o r~ o LU o ~ 0 > m 0 m r-... i,-- o o r,~ o i,.,. 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From: Scott VValden Sent: VVednesday, September 25, 2002 2:46 PM To: Linda Snow Cc: Larry Semmens; Michael Tilly Subject: COUNCIL INFORMATION -SCBA SALE City Manager Snow, We were awarded a FEMA grant last year to replace our aging self-contained breathing apparatus (SCBA air packs and bottles). We have completely replaced them with a modern version under that grant. As a result, our aging 10 packs and 41 SCBA bottles no longer serve a useful purpose for us. The SCBA bottles will become obsolete within 1 to 2 years, and will need to be taken out of service. However, they could be used safely until then by a department that may not have such equipment. VVe have made inquiries to prospective purchasers through the company we bought the new ones from and by posting them as being available on the statewide closed circuit emergency services e-mail system "1st Class", and by tracking similar equipment on internet auction sites. Until recently, no one made an offer to purchase them, and they would bring little or nothing in the City auction. The Internet auction sites were having little luck with similar equipment. Last week we had an inquiry, with a reasonable cash offer, from a small department in Alaska. They indicated the SCBA would serve their needs, and they understand the SCBA bottles will become obsolete in a couple years. We have not formally advertised these items for sale by sealed bid. I recommend the City declare these items surplus, advertise them for sale by sealed bid, and accept the best offer. Respectfully, Scott VValden Fire Chief 9/25/2002 September 22, 2002 KENAI HOCKEY BOOSTER CLUB 9583 Kenai Spur Highway Kenai, AK 99611 (907) 283-7524 Dear Kenai Kardinal Hockey Booster, The Kenai Hockey Booster Club is once again selling ads for this year's hockey program. In the past, you have been a great supporter of our team. We understand that the contributions the local businesses are asked to give are plentiful this time of year and hope you will consider continuing your support of Kenai Central High School Hockey. Your ad will be printed in 300 programs that will be given free of charge during 18 home games this season. If you are interested in putting your ad in this year's program, please fill om the enclosed form. If you would like the same ad as last year (high-lighted on the form and a copy of the ad included), just write "same ad" on the bottom of the form. If you would like to change your ad, fill out the ad and include a copy of the new ad or logo you would like used. Please send payment to: KCHS Hockey Booster Club C/o Lynn Janson/Chairperson 316 Rogers Rd. Kenai, AK 99611 If you prefer, we can bill you for the ad. Just indicate this on the bottom of the form. BecaUSe of printing deadlines, this year it is October 21 st, we would appreciate your ad as soon as possible. If you have any questions, feel free to call me at 283-5357. Thank you in advance for your support of Kenai Central High School Hockey. Your advertising allows us to continue our fund raising activities, purchase new equipment and uniforms, staff the JV Program, and help pay for the ice time needed for practice games. Once again, we appreciate and thank you for your support. Sincerely, Lynn Janson Chairperson CITY OF KENAt 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 19~2 MEMORANDUM TO' FROMC~o/' DATE: Mayor Williams and Council Members Cary R. Graves, City Attorney September 25, 2002 Seward's Sales Tax Exemption Ordinances At the last meeting, the Council requested information on the way Seward adopts exemptions to sales tax. Attached is a copy of Seward's sales tax ordinances. The most relevant one for us is SMC 5.35.040 (Page 5). In it, Seward outlines its sales tax exemptions rather than incorporating the Borough sales tax code by reference. The two codes approach the issue from different directions. Our code adopts the Borough tax code except where we list specific exceptions to it. Seward's code adopts its own specific exemptions, so it instead lists where it agrees with the Borough tax code rather than where it disagrees. Please let me know if you have any questions. CRG/sp Attachment NextPage LivePublish Page 1 of 6 5.35.010. Definitions. In this chapter, unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: Business. Means any activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either direct or indirect. Cost price. Means the actual cost to a purchaser of an item or article of tangible personal property computed in the same manner as the gross proceeds in this section. Dealer. Means: (1) Every person in the city who makes any retail sale or sales of tangible personal property or services or who leases or rents any tangible personal property or real property, the receipts from which are taxed by this chapter; (2) Every person engaged in the business of making any retail sales or rentals of tangible personal property for use, storage or consumption in this city who either: a. Maintains, occupies or uses, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place or other place of business in this city; b. Has any representative, agent, salesman, canvasser or solicitor operating in this city under the authority of any person or his subsidiary for the purpose of selling, delivering, or taking any orders for any tangible personal property; c. Every person who uses, consumes, stores or distributes tangible personal property, whether purchased or self-produced by such person, to be used or consumed in this city; d. Every person who as a representative, agent or solicitor for an out-of-city principal, solicits, receives, and accepts orders from persons in this city for future delivery and whose principal refuses to register under this chapter. Distribution. Means the transfer or delivery of tangible personal property for use, consumption, or storage by the distributee, and the use, consumption, or storage of tangible personal property by a person who has processed, manufactured, refined, or converted the property, but does not include the transfer or delivery of tangible personal property for resale or any use, consumption, or storage otherwise exempt under this chapter. Employee. Means a person receiving consideration for services rendered an employer, and who is entitled to worker's compensation coverage from the employer, and whose employer makes all normal deductions from the employee's compensation, including, but not limited to, state and federal withholding, social security, unemployment and employment security benefits. Employer. Means a person receiving services from an employee. Gross proceeds. Means the total amount for which tangible personal property or services are sold or for which tangible personal property or real property is rented, valued in money, whether paid in money or otherwise, and includes any amount for which credit is given to purchaser, consumer, or lessee by the dealer, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs (whether incurred in the manufacture or installation of tangible personal property or otherwise), transportation charges, losses or any other expenses whatsoever. Cash discounts allowed and taken on sales are not included in the gross proceeds nor shall gross proceeds include finance charges, carrying charges, service charges or interest from credit extended on sales of tangible personal property under conditional sales contracts or other conditional contracts providing for deferred payments of the purchase price, nor shall gross proceeds include federal retailer's excise tax or state excise taxes if the taxes are billed to the purchaser separately from the selling price of the article. If used articles are taken in trade, or in a series of trades as a credit or part payment on the sale of new or used articles, the tax levied in this chapter shall be paid on the net difference between the gross proceeds derived from the new or used articles and the credit for the used articles. http://~ivepub~ish~munic~de~c~m/22/~pext~d~~/~nf~base24/~/adf/c~c/c ~ b?f=temp~ates&fn=d~~~ 9/23/2002 NextPage LivePublish Page 2 of 6 Import and imported. Apply to tangible personal property imported into this city from other areas in the state or from other states as well as from foreign countries, and "export" and "exported" apply to tangible personal property exported from this city to other areas within the state or other states as well as to foreign countries. In this city or in the city. Means within the municipal boundary limits of the City of Seward, Alaska. Lease or rental Means the leasing or renting of tangible personal property and real property or the possession or use thereof by the lessee for a consideration, without transfer of the title to the property. City manager. Means the city manager of the City of Seward or his designee. Person. Means any individual, firm, copartnership, cooperative, nonprofit membership corporation, joint venture, association, corporation, estate, trust, business trust, trustee in bankruptcy, receiver, auctioneer, syndicate, assignee, club, society, or other group or combination acting as a unit, body politic or political subdivision, whether public or private, or quasi-public, and the plural as well as the singular number. Retailer. Means every person engaged in the business of making retail sales of tangible personal property and providing taxable services as defined in this chapter. Retail sale or sale at retail. Means a sale to a consumer or to any person for any purpose in the form of tangible personal property, other than for resale, or services taxable under this chapter, and includes any transaction as the city manager, upon investigation, finds to be in lieu of a sale. Sales for resale must be made in strict compliance with this chapter. Any person making a sale for resale which is not in accordance with this chapter shall himself be liable for payment of the tax. "Retail sale" or "sale at retail" includes but is not limited to' (1) Cash or in-kind consideration for the sale or charges for any room or rooms, lodging, accommodations or board furnished by an owner or contractor in any hotel, motel, inn, industrial facility, tourist camp, tourist cabin, camping grounds, club or any other place in which rooms, lodging space or accommodations or board are regularly furnished to transients or residents for consideration. In case of such rooms, lodging, space, accommodations or board furnished by owners or contractors, the owners or contractors shall pay the tax; (2) Sales of tangible personal property to personas for resale if, because of the operation of the business or its very nature, or the lack of a place of business in which to display a certificate of registration, or the lack of a place of business in which to keep records, or the lack of adequate records, or because the persons are engaged in essentially service businesses, or for any other reason, them is likelihood that the city will lose tax funds due to the difficulty of policing the business operations. The city manager may require vendors or sellers to such persons to collect the tax imposed by this chapter on the cost price of the tangible personal property sold to such persons and may refuse to issue certificates of registration to such persons; (3) The rendition of any taxable service; (4) The purchase of supplies and equipment used or consumed in the fabricating of an article of tangible personal property or in the performance of a taxable service. Sale. Means for consideration, any transfer of title or possession, or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property, any lease or rental of real property, and any rendition of a taxable service, and includes the fabrication of tangible personal property for consumers who furnish, either directly or indirectly, the materials used in fabrication; and the furnishing, preparing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing or serving such tangible personal property. A transaction whereby the possession of property is transferred, but the Seller retains title as security for the payment of the cost price is a sale. Storage. Means any keeping or retention of tangible personal property for use, consumption or distribution in this city, or for any purpose other than the sale at retail in the regular course of business. Tangible personal property. Means personal property which may be seen, weighed, measured, felt or touched, or is in any other manner perceptible to the senses. "Tangible personal property" does not include stocks, bonds, notes, insurance or other obligations or securities. http://~ivepub~ish~munic~de~c~m/22/~pext~d~~/~nf~base24/~/adf/c~c/c ~ b?f=temp~ates&fn=d~~~ 9/23/2002 NextPage LivePublish Page 3 of 6, Taxable sale. Means every sale of tangible personal property and every lease or rental of tangible personal or real property. Taxable service. Means any service whatsoever, whether professional, personal, pursuant to contract, subcontract, or otherwise, excluding only services rendered by an employee to an employer. (Ord. 507, 1982) http://~ive~ub~ish.munic~d~.c~m/22/~pext.d~~/~nf~base24/~/adf/c~c/c ~ b?f=t~mp~at~s&fn=d... 9/23/2002 NextPage LivePublish Page 4 of 6 5.35.015. Administration. The Kenai Peninsula Borough shall assess and collect the sales and use taxes levied by this chapter in accordance with AS 29.35.170 and Chapter 5.18 of the Kenai Peninsula Borough code of ordinances. (Ord. 507, 1982; Ord. 563, 1986; Ord. 610, 1988) 5.35.020. Secrecy of information. Except in accordance with proper judicial order, and except incident to necessary communication with city officials or attorneys, or as provided by law, it is unlawful for the city manager or any agent, auditor, or other officer or employee to divulge or make known in any manner the amount of sales, the amount of taxes paid, or any other particulars set forth or disclosed in any return required by this chapter. Nothing in this chapter shall be construed to prohibit the publication of statistics so classified as to prevent the identity of particular reports or returns and the items therein, or to prohibit the inspection by the legal representative of this city of the report or return of any taxpayer who applies for a review or appeal from any determination or against whom an action or proceeding is about to be instituted or has been instituted to recover any tax, penalty, or interest imposed by this chapter. (Ord. 507, 1982; Ord. 610, 1988) 5.35.025. Exchange of information with tax officials. Notwithstanding the provisions of section 5.35.020, the city manager may furnish to the tax officials of the state or its political subdivisions, or any other state and its political subdivisions, the Distdct of Columbia, and the United States and its territories, any information contained in tax returns and reports and related schedules and documents filed pursuant to this chapter, or the report of an audit or investigation made with respect thereto; provided that said jurisdictions grant similar privileges to this city and that the information is to be used only for tax purposes. (Ord. 507, 1982) 5.35.030. Personnel, supplies, equipment, and other expenses. The city manager may employ all necessary pemonnel, purchase supplies, purchase or rent equipment and incur other expenses necessary for the administration of this chapter. (Ord. 507, 1982) 5.35.035. Imposition of sales tax. (a) There is levied and imposed, in addition to all other taxes and fees of every kind now imposed by law, a consumer's sales tax on all retail sales of tangible personal property, the lease or rental of tangible personal property or real property, and the purchase of taxable services, the same to be collected in the amount of three percent of the gross proceeds of each taxable sale or taxable service. (b) The obligation to pay the sales tax is on the purchaser, consumer, renter, or lessee. The seller, retailer, dealer, service provider, lessor, and ali persons making a retail sale, shall collect the sales tax at the time of payment for the retail sale, taxable sale, or taxable service, and shall remit all sales taxes collected under this chapter to the Kenai Peninsula Borough in accordance with AS 29.35.170 and Chapter 5.18 of the Kenai Peninsula Borough Code. (Ord. 507, 1982; Ord. 571, 1986; Ord. 97-19; Ord. 98-12) htl~:lllivet~]]hli,~h.m]]nicode.cnmfg..?i!next.d!l/lnfoha~ePd/1 fndffcOclc q h ,9f=t~mn!,tee & fn=d.,, NextPage LivePublish Page 5 of 6, 5.35.040. Exclusion and exemptions. "Retail sale," "sale at retail" or "sale" does not include: (1) Casual, isolated sales of property and services or the rental of personal or real property not in the regular course of the business of the seller; (2) Hospital services and medical services performed by licensed medical doctors, dentists, osteopaths, optometrists, chiropractors, state-licensed private nurses, speech and hearing pathologists, physical therapists, acupuncturists, state-licensed psychologists, psychological associates, and licensed clinical social workers, and retail sales of medicinal preparations, drugs or appliances under a written prescription from one of the foregoing; (3) Retail sales, services and rentals to religious and charitable organizations in the conduct of their regular religious and charitable functions and activities as defined by the revenue laws of the United States; (4) Retail sales, services and rentals to or by nonprofit schools, in the conduct of their regular functions and activities; (5) Subscriptions to newspapers and periodicals; (6) Retail sales, services and rentals to the United States, the state of Alaska, or any instrumentality or political subdivision of either; (7) Dues or fees to clubs, labor unions, and fraternal organizations; (8) Sales of animal food, seed, plants and fertilizers to farmers using such commodities to produce goods for sale; (9) Retail sales.of real property. Services performed by a real estate broker or agent are not exempt under this chapter; (10) Retail sales or rents which the city is prohibited from taxing by the constitution or laws of the United States or the State of Alaska; (11) Services performed by morticians licensed under AS 08.42.020, and retail sales of funeral supplies by such persons; (12) Receipts of nonprofit schools and student organizations within the schools for extra-cumcular activities or events; (13) Sales and services by banking institutions and savings and loan institutions in the ordinary course of business of banking and savings and loan operations; (14) Purchases made with food coupons, food stamps, or other type of certificate issued under 7 U.S.C. 2011--2025 (Food Stamp Act). (Ord. 507, 1982; Ord. 574, 1986; Ord. 610, 1988; Ord. 92-01; Ord. 96-21) http://~ivepub~ish~munic~de~c~m/22/~pext~d~~/~nf~base24/~/adf/c~c/c4b?f=-temp~ates&fn=d~~~ 9/23/2002 NextPage LivePublish Page 6 of 6 5.35.045. Computation--maximum tax. The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction. The payment of rent, whether for real or personal property, in excess of $500.00 and for more than one month shall be treated as several separate transactions covering the rental for one month each. A transaction involvin9 payment for services or personal property to be rendered or delivered over a period of more than one month for a consideration in excess of $500.00 shall be treated as several separate transactions occurring one each month over the period of time that the service or property is rendered or delivered. (Ord. 507, § 1, 1982) 5.35.055. Computation; addition of tax to total retail price; tax schedule. (a) The amount of the sales tax to be added to the sale price, charge or rental shall be three percent of the sale price, charge or rental rounded off to the nearest cent by eliminating any fraction of one-half cent or less and by increasing any fraction over one-half cent to the next highest cent. Each seller shall be furnished the schedule of tax payable on each taxable amount from $0.01 to $100.00. Any one sale of items separately priced shall be taxed upon the aggregate amount. For the period Apdl I to September 30, inclusive, the amount of the sales tax to be added to the sale price, charge or rental shall be increased by one percent to four percent of the sale price, charge or rental for a period of three year~ ending on September, 2000. (b) The revenue from a coin-operated machine shall be treated in gross on a monthly basis, without reference to the amount paid or placed on a particular transaction. (Ord. 507, 1982; Ord. 571, Ic986· Ord 97-19) 5.35.060. Absorption. of tax prohibited. No person shall advertise or hold out to the public, in any manner, directly or indirectly, that he will absorb all or any part of the sales or use tax, or that he will relieve the purchaser, consumer, or lessee of the payment of all or any part of the tax. (Ord. 507, 1982) 5.35.065. Refund of taxes. (a) If a taxpayer pays sales and use taxes under protest, he may bdng suit in the supedor court against the city for recovery of the taxes within six months of denial of a timely filed claim for refund. If judgment for mcove~ is given against the city, the city shall refund the amount of the taxes to the taxpayer. (b) If a remittance by a taxpayer through error or otherwise exceeds the amount due under this chapter, and the city or the Kenai Peninsula Borough on audit of the account in question, is satisfied that this is the case, the city shall refund the excess to the taxpayer. A claim for refund filed after throe years from December 31 of the year in which the taxes became due and payable is forever barred. (Ord. 507, 1982) httv:lllivevublish.municode.com/22[I,e×t, dll/f, toh,~2a/1 CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: CC: DATE: SUB J: City Council Lawrence A. Semmens, Finance Director~-~t~?~'' Linda Snow, City Manager Cary Graves, City Attorney September 24, 2002 Sales Tax Ordinance The City's of Kenai and Seward take different approaches to dealing with the sales tax code. Kenai adopts the Borough Code by reference and deals with any differences from the Borough code with separate sections specifically addressing the difference. Seward adopts an entire sales tax code of their own and any differences from the Borough code are not specifically called out. The advantage to the method we use is that a user of the sales tax code can very easily determine the difference in our code and the Borough code. This is not tree of Seward. A business operating in Seward would have to be very familiar with both the Seward code and the Borough code in order to correctly collect the sales tax in Seward. The differences in the two codes may not be readily apparent. The Seward city manager made a comment recently that he would prefer our method of adopting the sales tax code. In addition to the advantage noted above, there is an administrative advantage as well. When the City of Kenai agrees with changes the Borough makes to the sales tax code, no council action is required to keep the codes alike. Seward must amend their code every time the Borough amends theirs if Seward wants to stay synchronized with the Borough. It is likely, that there will be many more times that we agree with changes the Borough makes than when we disagree. When we do disagree we can amend our code to clearly define where we differ. For these reasons it is my recommendation that Kenai continue to adopt the Borough sales tax code by reference and deal with differences specifically rather than adopting a complete sales tax code of our own. INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 . o 9 / 24 / 02 Public Works Department, Project Status Report. 8/02 Cook Inlet Regional Citizens Advisory Council, Council Briefs. Project status Report A/NC/F/ City Contaot Project Name STIP A KK Basin View LID A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK- Keith Kornelis JL- Jack La Shot RS - Robert Springer MK- Marilyn Kebschuil Jet- Jan Taylor Status Public Hearing was held on July 17, 2002. Wm. J. Nelson & Associates is working on design. A KK Bridge Access W & S Feasibility Study Wince-CorthelI-Bryson is working on this project. A JL/RS City Hall HVAC Documents complete. A MK Comprehensive Plan Work session scheduled 9/25/02 and 10/23/02. A JL A MK Contaminated Soils - Shop Daubenspeck Economic Development Study Report submitted to DEC. $20,000 grant received. Study being conducted by Kevin Waring Associates in conjunction with the Comprehensive Plan. Quarterly report and bill due 10/15/02. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FAA Site FAA might have further work to do. May not be ready for transfer to the City this year. A JL Kenai AP ARFF/SRE Facility Project being completed. Putting together communications project. Meeting to discuss completion items and close out change order. Will order phone system. A KK Kenai Coastal Trail Corps has received funding for planning and answering permitting questions on this project...Corps is trying to keep PND involved with this project. Corps is working on scope of work. Meeting scheduled for week of 10/7/02. Tuesday, September 24, 2002 Page 1 of 3 A/NC/F/ STIP A JL City Contact Project Name Library Improvements Status Schematics complete - awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. A JL A KK A KK Multi-Purpose Facility Refrigeration Pillars LID - Chinook Drive and Sockeye Circle Schooner Circle LID Finishing punch list items. Paved road 9/21/02. Public hearing on 10/16/02. A KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. Rate study is part of Wastewater Facilities Plan which CH2M Hill is working on. A KK Toyon Way LID Public hearing on 10/16/02. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. A KK Wastewater Facility Master Plan Awarded project to CH2M Hill. At about 70% completion. They are working on a W&S rate study. A KK WH 4 VanAntwerp site did not work out. Quality problem with lower aquifer and Iow flow with middle aquifer. Looking at treatment at Lawton/Swires site. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02, ROW 02, Utilities 03, & Construction 03 & 04 with total cost $4 million. Controversy over possible no build where trail is on shoulder of existing road. DOT sent letter thanking City for latest resolution of support. Tuesday, September 24, 2002 Page 2 of 3 A/NC/F/ City Contact Project Name Status STIP STIP KK DOT - Kenai Spur Unity Trail Pedestrian/bike pathway along Kenai Spur from Pathway MP 2.8 to 8.2. Alaska Roadbuiders completed the steel casing across Beaver Creek near ROW for future water main. City gave DOT temporary and permanent easements for Beaver Creek Crossing. Alaska Roadbuilders was Iow bidder at $2,138,117. If they can get the ROW near Eagle Rock, they would like to pave the entire path at the same time. STIP KK DOT- Spur 10.6 - 22.0 Alaska Roadbuilders has completed this project. They are working with DOT to finalize the project. Them are no funds left in this project. Tuesday, September 24, 2002 Page 3 of 3 "With public sentiment, nothing can fail; without it, nothing can succeed." -Abraham Lincoln Volume 2002, Number 7 www.circac.org BP Pipeline Cleanout Stalls Oil Sheens Appear during Integrity Tost British Petroleum (BP) recently stood down operations in Central Cook Inlet on pipeline pigging operations after an attempt to clean out an abandoned line. The pipeline involved is believed to be responsible for oil sheens in Cook Inlet last year. Shortly after pressurizing the line at approximately 7:30 a.m. on August 20, BP officials noted a sheen approximately two miles offshore southeast of the Middle Ground Shoals. A few minutes later, others were spotted and the pres- sure was reduced. Air surveillance flights continued to assess the situa- tion. The amount of oil reloased is un- determined at this time and estimates range from 5-20 barrels. Weather was calm at the time of the incident though visibility was poor most of the day. CISPRI personnel responded to the incident and several local fishing ves- sels were involved in the cleanup ef- fort. Oil sheen sorbant material, "pom- poms," were used in sheen recovery efforts. Cook Inlet RCAC Operations Director Mike Munger monitored the situation with officials from ADEC, USCG, CISPRI, and BP and expected the company would shift back to an earlier method of evacuating the line through the use of hot taps. No sheening was Cook Inlet RCAC Director of Opera- tions Mike Munger talks with an oil in- dustry consultant (left) and Marathon personnel (center) at a recent spill drill. The consultant works for a Texas com- pany offering spill tracking using a com- puter trajectory model. observed during an evening overflight. BP was carrying out an approved work plan to flush the abandoned line that they inherited with the BP-Amoco merger in 1998. "Pigging" operations were to have commenced if the line dem- onstrated enough integrity under pres- sure. However, the sheen occurred at approximately 100psi, where nearly 2000psi is required, according to BP. Pigging would have included the injec- tion of cleaning gels and a device for scouring the inside of the pipeline. These devices remove oil residue and deposits as they pass through the line. Month of August 2002 i · .: iiiiiiiiiii~::,~:::;'~!:. :~:?:: i~:~:i::~ :: :ii.: .:.j' .~iii~:~. :.. · .sites: alOng:.thc: Seward Zo~c~0Ohc] veyed and.:mcfiCs have been desired.I EMAP: Big Success Cook Inlet RCAC Science Director Susan Saupe recently returned from a two-month trip in the Northern Gulf of Alaska. Check out last month's special edition of the Council Briefs for more details on that project. Cook Inlet RCAC is working with ADEC on a joint-news release and reception showcasing the project. More Cook Znlet RCA C news - Students to Continue Hydrographic Study Cook Inlet RCAC and University of Alaska Fairbanks will work with stu- dents to conduct the second half of a hydrographic study in Cook Inlet be- gun earlier this spring. Eighteen students from nine Kenai Peninsula Borough high schools will travel out of Homer Small Boat Harbor on September 25 to measure ocean sa- linity and temperature across the mouth of Kachemak Bay between Barabara Point and Bluff Point using oceano- graphic instruments supplied by Cook Inlet RCAC. A UAF professor, Cook Inlet RCAC and MMS personnel, and five KPB teachers will accompany the students on the trip. The project is well-suited for student participation, according to Cook Inlet RCAC Public Outreach Director Steve Howell. Earlier this spring,Mr. Howell and UAF Associate Professor Steve Okkonen helped students and teachers deploy thousands of'._ drift cards throughout the Inlet. Those cards, made by students and painted flare orange and hot pink, have shown up along beaches from Kalgin Island to Hallo Bay in ShelikofStrait. A typed message on one side of the card asks its finder to report the time, loca- tion, and card identifier to Cook Inlet RCAC offices. During the September trip, students will also get practice assigning latitudes and longitudes to drift card recovery locations. Once compiled, the location data is entered into a graphing and analysis application that helps students visualize results and implications. The information collected is important to Mr. Okkonen's work, some of which will be aimed at validating a numerical spill tra- jectory model that could help respond- ers track an oil spill. Several agencies, including Cook In- let RCAC, have developed spill-trajec- tory models with varying degrees of success. Mr. Howell and Mr. Okkonen hope that the information acquired dur- ing the spring and fall surveys will go a long way to develop better models. Fresh and salt water mix also plays heavily in the movement of water, influ- encing current speeds in the inlet. Ex- isting models for Cook Inlet haven't in- cluded temperature and salinity data before. Cook Inlet RCAC parmered with Min- erals Management Service to provide funding and support for the project. University of Alaska Coastal Marine In- stitute administers the overall program. CIRCAC Brochure Ready; Volunteer Card to Follow CIRCAC's new Vol- unteer Participation card will be printed in the next few days and will accompany the new Cook Inlet RCAC infor- mational brochure as it is distributed. The rack-sized card (an early draft appears at right) is printed on two sides with descriptions of PROPS, EMC,and the Council, and includes contact infor- mation for those interested in volunteer- ing on a committee. The 16-page full color brochure in- cludes descriptions of the broader groups represented on the Council and the industry it monitors. Content in the brochure should remain current for sev- eral years thereby avoiding reprinting costs. The Volunteer Participation card has more specific information subject to change and will be printed in smaller numbers more frequently. Among other uses, brochures will be a staple at events where the Cook Inlet RCAC booth is displayed. Those inter- ested in receiving a copy may contact the Cook Inlet RCAC office in Kenai. Howell Attends Conference Public Outreach Director Stephen Howell recently attended the TrendAlaska 2002 conference in An- chorage. The conference centered on NASA grants relating to technology and science. Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs provide an opportunity for small high technology companies and research institutions to participate in government-sponsored R&D efforts. Participants in the various programs partner with other organizations, often universities, NGO's, and private com- panies to produce a marketable technol- ogy. One of the ultimate goals of each of the programs is to create jobs and eventually tax revenue for the govern- ment. If you would like to research the database of opportunities for those that best fit the Cook Inlet RCAC mission, go to http://sbir, nasa.gov for recent so- licitations and schedules. WWW.ClRCAC.ORG To Get Newer Look After reviewing work samples, pric- ing, and designs of several web devel- opers, CIRCAC is ready to move for- ward with the redesign of our current site. Plans are to re-launch the new site and continue development at regular in- tervals thereafter. The redesign will visually convey a modern look and feel, light, intuitive and cohesive. The redesign will provide the audience a simplified experience using easy to read type, reorganized content, and improved navigation. The bulk of the redesign will occur during Phase I in the coming months. We'll first research and update infor- mation currently available including history, background, and industry in- formation. We'll then create and review site maps, schematics, wire frames of primary and secondary pages before prototyping the HTML versions. Additional funding for the site re- design was allocated at the recent EMC meeting. Some of the considerations include eventual integration with the web sites and databases of various project partners, maintenance ora docu- ment and video library, and addition of a site search engine. You can email suggestions for the redesign to Steve Howell at howell~circac.org. MAKE 23 PACKETS COUNCT~ PACKET DISTRIBUTION COUNCT. L MEETING DATE' MayoWCouncil Attorney ~ Ta¥1o~/$p~in~e~/Kebschull ~,' Clerk / City Mana~e~ ~-/Public Wo~ks Police bepo~tment ~ Finance ~ ~En~inee~ Senior Cente~ ~ Airport / Kim bibrar~ ~ ,Parks & Recreation / Clarion Fire Deportment ~ Blaine ~ilmon AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop DoCk Buildin~l Maintenance Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be foxed as soon as possible after Noon on packet day. The c~mer~-re~dy ~gende (c:/myfiles/documents/minutes/~gend~ form for paper) is emeiled to the Peninsula ~larion (at email Contacts) and a copy is fexed to Denise at the ¢/arion also. Home Page documents (agenda, resolutions end ordinances for public hearing) ore placed in the Clerk's HTML file or emoiled to the Clerk. Place them onto the city's website with Front Page from there os soon os possible. AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h ttp ://www. ci. l(enai.ak, u s I COUNCIL STAFF MEETING' 6:00 P.M.I ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. 2. Ordinance No. 1975-2002 --Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. 4. Discussion -- Assisted Living Facility Proposed Site EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www.ci.kenai.ak.us Carol L. Freas, City Clerk D632/211