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Home My WebLink About2002-09-18 Council PacketKenai City Council Meet ing Packet Sept 18, 2002 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 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, Alask~ Appeal submitted by Nancy Henr/ckson. 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: ........ . e SCHEDULED PUBLIC COMMENTS (10 minutes) Byron K. Huffman, FAA Alaskan Region Airports Division Manager -- Presentation of Grant Offers for 2003. Bill Coghfll, Mikunda, Cottrell/k 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. 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. . , . , Ordinance No. 1973-2002 -- Increasing 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 Reading {Requires a Unanimous Vote) c. Motion for Adoption Resolution No. 2002-63 -- Approving a Contract to Motorola for the ARFF/SRE Communications 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 Paving District" and Designating 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. o Resolution No. 2002-67 -- Awarding a Five-Year Contract for the Kenai Municipal Airport Vending Machine Concession to Tyler Distribut~g 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). ITEM D: COMMISSION! COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E: MINUTES , *Regular Meeting of September 4, 2002. ITEM F: CORRESPONDENCE . *9 / 13 / 02 David C. Wartmbee letter regarding personal tax on airplanes. ITEM G: ITEM H: . . . o , . ITEM I: ITEM J: OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *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. *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 File 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 Senior, Disabled Veteran, and Disabled Resident Rental Housing, From the City Sales Tax Code. REPORT OF THE MAYOR 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 · n-' ~Z~ n" Z (~ _j 0 / Il:: ~Zu3 n' Z O.j 0 U.S. Department of Transportation Federal Aviation Administration FAA Alaskan Region 222 W. 7th Avenue, Box 14 Anchorage, Alaska 99513-7587 Ms. Linda Snow Manager, City of Kenai 305 N. Willow, Suite 200 Kenai, Alaska 99611 Dear Ms. Snow: Kenai Municipal Airport Kenai, Alaska Project No. AIP 3-02-0142-3002 A grant offer is hereby transmitted committing the United States to participate in allowable costs for the subject project not to exceed the maximum obligation of $351,563.00 for the following airport improvements: "Conduct environmental assessment for Runway 1L/19R extension and associated runway safety area improvement" Please have the appropriate official authorized to execute the Grant Offer sign and date the "Acceptance" with the appropriate official attesting the signature and affixing the appropriate seal. The sponsor's attorney then must execute and date the "Certificate of Sponsor's Attorney" with the date being no earlier than the date of acceptance of the Grant Agreement. Please note that the enclosed grant offer is conditional upon your acceptance by September 24, 2002. Three originals of the completely executed grant agreement must be returned. Sincerely, Byron K. Huffrnan Manager, Airports Division Enclosure: Grant Agreement U.S. Department of Transportation Federal Aviation Administration FAA Alaskan Region 222 W. 7th Avenue, Box 14 Anchorage, Alaska 99513-7587 Ms. Linda Snow Manager, City of Kenai 305 N. Willow, Suite 200 Kenai, Alaska 99611 Dear Ms. Snow: Kenai Municipal Airport Kenai, Alaska Project No. AIP 3-02-0142-2902 A grant offer is hereby transmitted committing the United States to participate in allowable costs for the subject project. This multi-year grant with the total estimated Federal share of $328,125.00 is composed of $250,000.00 in discretionary funds and $17,033.00 in entitlement funds for fiscal year 2002, and $61,092.00 in entitlement funds for fiscal year 2003 (subject to congressional appropriation for FY-2003). When the obligating authority is received, sometime after October 1, 2002, the grant amount will be amended by letter of agreement. "Acquire security improvements' improve security fencing, install access control gates, install closed circuit television security system (CCTV)" Please have the appropriate official authorized to execute the Grant Offer sign and date the "Acceptance" with the appropriate official attesting the execution and affixing the sponsor's corporate seal. The sponsor's attorney then must execute and date the "Certificate of Sponsor's Attorney" with the date being no earlier than the date of acceptance of the Grant Agreement. Please note that the enclosed grant offer is conditional upon your acceptance by September 24, 2002. Three originals of the completely executed grant agreement must be returned. Sincerely, Byron K. Huffman Manager, Airports Division Enclosure: Grant Agreement U.S. Department of Transportation Federal Aviation Administration FAA Alaskan Region 222 W. 7th Avenue, Box 14 Anchorage, Alaska 99513-7587 Ms. Linda Snow Manager, City of Kenai 305 N. Willow, Suite 200 Kenai, Alaska 99611 Dear Ms. Snow: Kenai Municipal Airport Kenai, Alaska Project No. AIP 3-02-0142-2802 A grant offer is hereby transmitted committing the United States to participate in allowable costs for the subject project not to exceed the maximum obligation of $215,625.00 for the following airport improvements' "Acquire snow removal equipment (SRE)' loader with attachments, dump truck, sand/urea spreader" Please have the appropriate official authorized to execute the Grant Offer sign and date the "Acceptance" with the appropriate official attesting the signature and affixing the appropriate seal. The sponsor's attorney then must execute and date the "Certificate of Sponsor's Attorney" with the date being no earlier than the date of acceptance of the Grant Agreement. Please note that the enclosed grant offer is conditional upon your acceptance by September 24, 2002. Three originals of the completely executed grant agreement must be returned. Sincerely, Byron K. Huffman Manager, Airports Division Enclosure: Grant Agreement Suggested by: Council Member' Porter CITY OF KENAI ORDINANCE NO. 1963-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.20.030 TO PROHIBIT THE STORAGE OF SLASH FOR MORE THAN SIXTY (60) DAYS ON PROPERTY WITHIN THE CITY OF KENAI. WHEREAS, due in large part to the infestation of spruce bark beetle more property owners are cutting doTM timber and leaving the slash on site; and, WHEREAS, the slash piles can constitute a fire hazard and are aesthetically unsightly; and, WHEREAS, it is in the best interest of the City of Kenai to prohibit the storage of "slash" on property within the City of Kenai for more than sixty (60) days. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.20.030 be amended as follows: 12.20.030 Debris and junk prohibited. (a) No owner, lessee, agent, tenant, or occupant shall allow or permit any debris, junk, or indiscriminate storage of machinery, equipment parts, slash, lumber, other material, or any accumulation of garbage, manure, offals, rubbish, stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or offensive to be or remain upon his yard, lot, or premises, or upon any yard, lot, or premises owned or controlled by him. (b) Slash is defined as: Branches and other residue left for more than sixty {60) days after the cutting of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August 2002. ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: August 7, 2002 August 21, 2002 September 21, 2002 CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM:C/-~ DATE' RE' Mayor John Williams and City Council Members Cary R. Graves, City Attorney August 16, 2002 Substitute Ordinance No. 1963-2002 The substitute for Ordinance No. 1963-2002 changes the number of days allowed for storage of slash on property from 30 to 60. CRG/sp Suggested by: SUBST~ ~ u · Council Member Porter CITY OF KENAI ORDINANCE NO. 1963-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, due in large part to the infestation of spruce bark beetle more property owners are cutting down timber and leaving the slash on site; and WHEREAS, such slash piles can constitute a fire hazard and are aesthetically unsightly, especially on smaller lots and in commercial and residential zones; and WHEREAS, it is in the best interest of the City of Kenai to prohibit the storage of "slash" for longer than 120 days within commercial zones, residential zones customarily featuring smaller lot sizes (Urban Residential, Central Commercial, General Commercial, SUburban Residential 1, Suburban Residential 2 and Townsite Historic) and smaller lots (less than 40,000 square feet) in the other zones customarily featuring larger lots or industrial use (Conservation, Rural Residential, Suburban Residential, Light Industrial, Heavy Industrial, Recreation or Education). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.20.030 be amended as follows: 12.20.030 Debris and junk prohibited. ~ No owner, lessee, agent, tenant, or occupant shall allow or permit any debris, junk, or indiscriminate storage of machinery, equipment parts, lumber, other material, or any accumulation of garbage, manure, offals, rubbish, stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or offensive to be or remain upon his yard, lot, or premises, or upon any yard, lot, or premises owned or controlled by him. {b) No owner~ lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: 1) for longer than 120 days within the RU, RS1, RS2, TSH, CC or CG zones; or 2) for longer than 120 days on lots smaller than 40,000 square feet within the C, RR, RS, IL, IH, R or ED zones. I~l Slash is defined as' branches and other residue left after the cutting of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." Ordinance 1963-2002 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: August 8, 2002 September 18, 2002 October 18, 2002 Suggested by: Administration City of Kenai ORDINANCE NO. 1972-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,159.95 IN THE GENERAL FUND FOR NEW DESK TOPS AT OFFICER REPORT WRITING STATIONS. WHEREAS, the City has received $3,159.95 from the State of Alaska from drug asset forfeitures; and, WHEREAS, the desk tops of the officer report writing stations in the Kenai Police Department need replacing; and, WHEREAS, it is in the best interest of the City to make these improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $3.159.95 Increase Appropriations: Police- Small Tools and Minor Equipment $3,159.95 PASSED BY THE'COUNCIL OF THE CITY OF KENAI, ALASKA, this 18t~ day of September, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08/22/20021 hl Introduced: Adopted: Effective: September 4, 2002 September 18, 2002 September 18, 2002 Kenai Police Department Memorandum From: Date: Re: Robin Feltman, Acting Finance Director Chuck Kopp, Chief of Police [~ 8/21/02 Ordinance Increasing Revenues The Kenai Police Department has received a check for $3,159.95 from drag asset forfeitures ordered by the court. I am requesting an ordinance prepared increasing revenues in the above amount and placed in Police' Small tools account 2024. The funds will be used to purchase new desktop at officer report writing stations. · Page 1 City of Kenai Suggested by' Administrat ORDIN~CE NO. 1973-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY A TOTAL OF $20,000 IN THE GENERAL FUND, WATER AND SEWER FUND, AND ARFF/SRE CAPITAL PROJECT FUND FOR COMMUNICATIONS EQUIPMENT. WHEREAS, the ARFF/SRE grant-funded project includes upgrading the communications equipment in the Police and Fire Departments so that public safety communications equipment is compatible with the new ARFF/SRE equipment; and, WHEREAS, it is in the best interest of the City to upgrade the communications equipment City-wide at this time so that all equipment is compatible; and, WHEREAS, upgrading the non-public safety communications equipment as part of the ARFF/SRE project will be more cost effective than separating this equipment into a stand-alone project; and, WHEREAS, funds are available in the fund balance of the General Fund and the Water and Sewer Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows' .-. General Fund Increase Estimated Revenues: Appropriation of Fund Balance $15,000 Increase Appropriations: Transfer to Capital Project Fund $15,000 Water and Sewer Fund Increase Estimated Revenues' Appropriation of Fund Balance Increase Appropriations· Transfer to Capital Project Fund $5,000 $5,000 ARFF/SRE Capital Project Fund Increase Estimated Revenues: Transfer from General Fund Transfer from Water and Sewer Fund Increase Appropriations: Construction $15,000 5,000 $20,000 $20,000 Ordinance 1973-2002 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (9/12/02) jet Introduced: September 18, 2002 Adopted: September 18, 2002 Effective' September 18, 2002 MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM' DATE' SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manag~.~,,~ ,..% September 12, 2002 Communications project We have finally reached a point where we can award a sole-source contract to Motorola to upgrade all existing City communications equipment and install new equipment in the new Airport Operations Facility. The FAA has approved AlP funding for the maiority of the project because of the need to communicate with the new facility and pro~;ide the ability for incident command. They also agree in the sole-source procurement to keep compatibility with. existing equipment and more readily enable future system maintenance. We have found that the sole-source method of procurement is quite common in this type of work. The total contract amount is $264,769, a portion of which we must appropriate from non-Airport Funds for those items that are not eligible for AlP fundin_~. From the Motorola provided cost breakdown, i have estimated that portion to be~$15,800 and request $20,000 be appropriated to .Provide some contingency. We propose an allocation of $15,000 from the General Fund and $5,000 from the Water and Sewer Fund. The recommended allocation will resolve an imminent problem with our City-wide communication system that must be upgraded because portions of the equipment are obsolete. Motorola has a manufacturing "window" available where a contract awarded at the City Council meeting of the September 18 will expedite delivery of the equipment. Obviously, w~ cannot award th~ project without all the funds appropriated. To accomplish this, Council will need to have two readings of the Ordinance at the meeting and award the contract, with your concurrence. I will not be at the meeting; however, Chuck Kopp, Scott Walden, Rebecca Cronkhite, and Trygve Erickson, Motorola, have been very involved in the project and will be available to answer questions. Suggested by: Administrati:_ CITY OF KENAI RESOLUTION NO. 2002-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO MOTOROLA FOR THE ARFF/SRE COMMUNICATIONS UPGRADE FOR THE TOTAL AMOUNT OF $264,769. WHEREAS, Motorola is a sole source provider and award to this company would be in the best interest of the City; and, WHEREAS, this resolution is contingent upon FAA funding and approval; and, WHEREAS, the recommendation from the Administration is to award the contract to Motorola for the total cost of $264,769; and, WHEREAS, sufficient monies have been appropriated from existing project funds and by Ordinance No. 1973-2002. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the ARFF/SRE Communications Upgrade be awarded to Motorola for the total amount of $264,769. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' ~ Suggested by: Administration City of Kenai RESOLUTION NO. :2002-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA 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. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY03 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2001 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Community and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which' may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY03 funding available within Cook Inlet in agreement with all other municipalities in this area participating in the FY03 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2001 of fisheries business activity in Cook Inlet. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. Resolution No, 2002-64 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (9 / 10 / 2002) hl CITY OF KENAI RESOLUTION NO. 2002-65 Suggested by' Coun A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "SCHOONER CIRCLE PAVING DISTRICT" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a list of major improvements that are scheduled to be completed under this project: o 2. 3. 4. Excavation, backfill, and grading Asphalt paving Topsoil and seeding Signage and traffic control; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in this subdivided area; and, WHEREAS, the project is not objected to by owners of properties bearing fifty (50) percent or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be done in this area but only 25 percent of the total completed improvements will be assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, June 5, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "Schooner Circle Paving District" and the improvements listed abo~;e. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 TO' FROM- MEMORANDUM Mayor and City Council Lan'y A. Semmens, Acting City Manager DATE: July 12, 2002 Local Improvement District~Schooner Circle On June 5, 2002, the City received the attached petition requesting than an assessment district be formed for the purpose of paving Schooner Circle. On June 5, 2002, the City Clerk informed the Council that this petition was received and forwarded to the City Manager. KMC 16.05 and 16.10 describes the general provisions and procedures involved in this process. As you know, KMC 16.05.030 requires that the petition be signed by the owners of fifty percent or more of the properties benefiting by the proposed improvement. There are five properties involved and four of the owners signed the petition. The cost percentage proposed for this assessment district is 25% of the LID project costs. This is the same percentage designated in attached Resolution No. 92-26. However, Council may wish to consider revising the percentage cost allocation. Council may also wish to further discuss the allocation of Municipal Matching Grant Funds, since there are many more street improvement project areas in the community than there is available grant money to fund them. Also attached is the preliminary assessment roll based on the square footage of each lot. Financing of the project is proposed as follows: Municipal Matching Grants Program (70%) Property Owner's Assessments (25%) General Fund Contribution (5%) Total Estimated Costs $14,000 5,000 1,000 $20,000 Memorandum to Mayor and Council July 12, 2002 Page 2 Actual project costs will be assessed after completion of the project. The administration agrees with the scope of the improvements to include grading and backfill, drainage, paving, topsoil and seeding, and signage. The property owners did not request curbs and gutters. Paving in this LID will result in reduced road maintenance and dust control costs. Also attached for your review is a memorandum from Keith Komelis, which contains information for the required public hearing. If Council wishes to proceed further with the proposed LID project, a resolution to set the public heating date can be prepared and presented to Council at the regular meeting of August 7, 2002. Attachments LS/kh (2) 2 , 'x X~~/. P. COU 3 7 8 6 4 5 64O 1 IAI £ A v g,~ ,, TES ESTATES~ ALEXAND,ER REPLAT .,,,"'", ~ // 9A .. / . //' PRELIMINARY ASSESSMENT ROLL SCOONER CIRCLE LID Below costs are estimates - final cost will be based on the actual cost of the project. Properties to be assessed: Lots 1-5 Block 3 VIP Park Estates Subdivision OWNER ACRE Square Feet I % of Total 25 % of Cost 100 % of Cost Est.$Assessed Milinta ~ 1 1.55 67,518 0.259631 1,298 Weaver ~ 2 1.14 49,658 0.190955 955 Chivers ~ 1.18 0.197655 988 3 1.12 0.98 51,401 48,787 42,689 0.187605 0.164154 5,193 3,819 3,953 3,752 3,283 938 821 5.97 260,053 1.000000 20,000 5,00r' Muni Match Grant (70%) 14,000 General Fund (5%) 1,000 Property Owners (25%) 5,000 20,000 Scallan Jensen TOTAL TOTALt No Assessment can be higher than 25% of fair market Value including benefit of work. (Below is KPB) Milinta Weave Chivers Scallan Jensen IMPROVEMENTS: 20,300 125,600 145,900 36,475 1,298 20,300 89,400 109,700 27,425 955 20,300 112,200 132,500 33,125 988 20,300 80,600 100,900 25,225 938 20,300 103,700 124,000 31,000 821 Gradin & Backfill; Dmina! le; Pavin! & Seedin, e Prepared by Keith Komelis 07/12/2002 Page 1 September 13, 2002 Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611-7794 R IX/ED Dear Ms. Freas: Please accept this letter as an objection to the proposed assessment district for paving improvements in Schooner Circle. I am the owner of record for KN0770151 T05N R11W Lot 1, Block 3; Borough property tax records Parcel No. 4943019. According to your preliminary assessment roll, my estimated cost for these improvements is equal to $1,298. This estimate is based on the total square footage of the lot plus improvements. My objection is that the paving of Schooner Circle, as proposed, will add no additional value to the indicated property for the following reasons: 1. Only 130 feet of the side of the lot borden Schooner Circle. Over 453 feet (the bulk of the lot, which includes the front of the house and all driveways) faces Watergate Way. o. No access to the property is made from, or is anticipated to be made from, Schooner Circle as the house is located at the opposite end of the property. The properties of all other people involved in the proposed paving live in Schooner Circle and their driveways face the circle. These property owners are the actual beneficiaries of the paving. 4. The residence address is 2610 Watergate Way. 5. All property assessments to date, including paved frontage, are based on Watergate Way. . I have been assessed the highest dollar cost of the five property owners involved, and would receive the least amount of perceived or real benefits from the improvements. I expect that an equitable solution can be negotiated among the affected parties. The proposal, as delivered to my home address, is unacceptable. . ._ Lynn Anthony Milionta Connie L. Milionta 2610 WATERGATE WAY · KENAI, AK · 99611 PHONE: 907-283-4824 · E-MAIL: tony.milionta@acsalaska.net · r.i VI~I~IrY ~a# . ~' , · . t :,". :'. ~"' .",";" ".,' ".'"'! ..... ~::i'. ! · , -,,.'." ,',;:;-~':~;';~'~:.'~:~ ,~". , :'.,. "., .:::,: }',~.:, '. ?'. ;~' ~ors .I-e '~*,, Io-e vip c~Ntar."~' ';"P "' ':~: "';'~ i '~'' ':' .. ~ , .,' ~ ...'.. '. ..t:..' ''....~... , .... EstATEs a ~a[IONS O~ BLOCK~. · ::J'~" ;~ ~.': i') :~.::":':; .~,;:,~.~;~'.:I' ''~ ': "" "" ( ..... ;. ": .... ' ...... ;,, ';':~i~"-:." a ~'v,~ ~ ~st~r~s ' '~' "*~';' '~ ¢;.'; '";, ~;.'.; 2 ~, . ~ · . 4' ..' ;.', . ,..' ..:,' ,'.'~,:.L':.'~ '.'. '. '" ' .' ' · ' .~ .':,,.~'*-~l~i ...~1'_~:. :: ...... ....... :..,....::..,.. ~,,.~ .................... ~.',:;::.~ ,,,, .:..~.,:.;:.:,,~,U~,.~:. '"" " " " · ':' l'" "'."~' "~ '~'' ~.;,1'.:' ..~,~ll ~,~ ~*,~ I ~,~ , .; · ' '. :'. ,i' '.':"". ':' . :~"'.:" ::':~.":.: I'.: ; ''~* ~ ~'* ~'~ ~-~~ ~,'~ ' ''~*'e''' "" "' '~ ' '~1' i ,f=4f. · ' · ' ~ '~' '. ': · ,; '~ :,,'.", ':" :",""-~ :-'"" ""'.'.'. >':: i '::' '.""~"? ~"':",'~ '~'"~' "~7~~~ ' ' ' ' ' .": ''" * ' ..... .'" I ' ..t..~..' .... ." ',..',,'? -' ~6 ..... . ' ~' '"'. ,:~ ';i'v:~:;.;.'..~.."::':'.;..'~ 'i.'l .~'~ t i~;: :' ~" i' "' 'If ~;'"" '" '"' .... ' LOT ! BLK 3 BUILOINO SET~ACK LINEI . ~ / I hereby certify that I have surveyed the following described property. _ LOT [, BLK 3 - VIP PARK RgTATES SUBD. · and that no enchroachments exist except as indicated. AS-BUILT CERTIFICATION. EXCLUSION NOTE: It is the responsibility of the owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances should any data hereon be used for construction or for establishing boundary or fence lines. LEGEND Fad. official monument e Fnd. rebar O Well Septic Vent Pipe Record Data 283 4058 WHITFORD SURVEYING 1902 Wyatt Wa~. - Kenai, Alaska 283-4928 Date 8/2/94 ! Scale 1" = 60 Drq:,n Fly p,!.! J W. 19 q.',--~ 9qlp I 1-04-94 06: 03PM PO03 t[36 Suggested by: City C ....... CITY OF KENAI RESOLUTION NO. 2002-156 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE PUBLIC HEARING DATE ON THE PROPOSED TOYON WAY PAVING DISTRICT. WHEREAS, the City of Kenai has received a petition to form a special assessment district in the above-mentioned paving project; and, WHEREAS, the Council must set a date of public hearing on the proposed assessment district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the date of the public hearing on the proposed Toyon Way Paving Special Assessment District be set for October 16, 2002. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf Suggested by: City Administration City of Kenai RESOLUTION NO. 2002-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A FIVE-YEAR CONTRACT FOR THE KENAI MUNICIPAL AIRPORT VENDING MACHINE CONCESSION TO TYLER DISTRIBUTING COMPANY, INC. WHEREAS, Invitation to Bids were solicited for a vending machine concession for a period-of five years at the Kenai Municipal Airport Facility; and, WHEREAS, one responsive bid was received and the bid amount submitted was $211.00 per month. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a five-year contract for the Kenai Municipal Airport Vending Machine Concession be awarded to Tyler Distributing Company, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18t~ day of September, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (9/13/02) mb Suggested by: City Coun~,~ CITY OF KENAI RESOLUTION NO. ~.002-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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}. WHEREAS, the City of Kenai is eligible for a grant allocation for State Fiscal Year (FY) 2004 under AS 37.06 as set forth in 2 AAC 47.030; and, WHEREAS, a prioritized list of projects and supporting information must be submitted if funding is requested by the community under the Capital Project Matching Grant Program as required in AS 37.06.010 and .020; and, WHEREAS, the City of Kenai must contribute a local share to the cost of each project under the Capital Project Matching Grant Program as required in AS 37.06.030; and, WHEREAS, the purpose of this grant is to provide funding to the City of Kenai for the purpose of improving the transportation routes and parking areas within the City. These improvements include but are not limited to, street and parking lot paving, trails, storm drainage, utility work, curbs and gutters, sidewalks, and street lighting. The grant funds will be used to pay engineering and/or construction contractors to improve the parking and transportation routes; and, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Kenai, Alaska, hereby endorses the prioritized capital project identified below and in the "Priority Projects" form and requests grant funding under AS 37.06 for said projects and agrees to provide the local share for the project as identified in the "Priority Projects" form, and as required under AS 37.06. PriG rit¥ 1 Amount Street Improvement Program ' ' $141,893 State 60,812 City $202,705 TOTAL PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of September 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' ~ KENAI HARBOR COMMISSION MEETING SEPTEMBER 9, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- August 12, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS Discussion -- Boating Facility Operation Alternatives and Budget Review ITEM 6' NEW BUSINESS ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/(~UESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of August 7 and 21, 2002. ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION MEETING SEPTEMBER 9, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER/is ROLL CALL Chairman Thompson called the meeting to order at 7:00 p.m. confirmed as follows' Roll was taken and Present: Eldridge, Foster, Barrett, Simon, Spracher, Thompson Absent: Rogers Others Present: Finance Director Larry Semmens, Public Works Director Komelis, Dock Manager Freden, Dockhand Lyn Disque, and Contract Secretary Roper Public: Randy Meier (R&J Seafoods) Komelis announced Councilman Bookey would not be at the meeting but he wanted to pass on to the Harbor Commission would have one more meeting before the budget work sessions begin in October. ITEM 2- AGENDA APPROVAL MOTION: Commissioner Barrett MOVED to approve the agenda as presented and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- August 12, 2002 MOTION: Commissioner Barrett MOVED to approve the minutes as written and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5' OLD BUSINESS Discussion -- Boating Facility Operation Alternatives and Budget Review Chairman Thompson opened the discussion to the boating facility budget information that was included in the packet. Komelis provided an explanation of the budget information and drew attention to the funds that were transferred from the General Fund due to shortages in the boating facility budget. Komelis added, in 2003 the money would come from the fund balance rather than the General Fund. Komelis also explained the expenditures for dock operations. Commissioner Barrett asked if the parking fees from the dip net fishery could be credited to the Harbor budget. Finance Director Semmens indicated they can but it would require a policy change. Semmens continued, the reason the revenue from the parking fees go to the General Fund is because the fund is responsible for the expenses incurred for the fishery. If there were a policy change to have the monies credited to the harbor budget, then the harbor would have to take responsibility of the expenses. It was noted, revenue for this year was approximately $37,000.00. Commissioner Eldridge asked if the fish tax revenue also went to the General Fund. Semmens confirmed they did because the General Fund paid for the expenses. It was asked if the personal property tax on boats also went to the General Fund and Semmens indicated all property taxes go to the General Fund. It was noted the total revenue from boat personal property taxes was $26,000. Semmens added, $18,000 of that figure was from commercial boats. MOTION: Commissioner Eldridge MOVED to recommend to Council the fish tax revenue and personal property taxes on boats be allocated to the boating facility rather than the General Fund. Commissioner Barrett SECONDED the motion. Commissioner Barrett asked if the parking fees shouldn't be included in the motion and Commissioner Eldridge recommended the two be kept separate. VOTE: There were no objections. SO ORDERED. MOTION: Commissioner Simon MOVED to recommend to Council the revenue from the parking fees be allocated to the boating facility rather than the General Fund. Commissioner Barrett SECONDED the motion. VOTE: There were no objections. SO ORDERED. Commissioner Simon indicated she wasn't pleased with the lack of communication between the Parks and Harbor Commissions and felt a joint meeting should be scheduled to discuss the dip net fishery and the operating costs involved. Simon added, the recreational fishery activity is up and the commercial activity is down so the City should make more provisions to deal with the demand. Simon recommended more effort be made to go after grants and/or go to the State for more funding. HARBOR COMMISSION MINUTES SEPTEMBER 9, 2002 PAGE 2 Kornelis pointed out the Parks Department is very active with the dip net fishery as they provide the staff to collect parking fees, clean the restrooms, empty the trash dumpsters, etc. The Police Department provides an officer. Komelis added, the State also provides financial assistance each year for various items such as the kiosk, port-a- potty maintenance, and the four-wheelers that allow the officers to police the dip net areas. Commissioner Barrett asked if the City could request funds as a federal economically depressed area. Komelis replied, the City would not qualify due to the number of residents with high-income levels. Simon stated Senator Ted Stevens was successful in obtaining money to help the fishermen in the state regroup, Perhaps the City should contact the congressional office representative to see if some of those funds could be obtained for Kenai. Chairman Thompson stated, while reviewing the expenditures versus revenue, it appeared that the dock did okay. Komelis noted there were a lot of expenses that are not shown because of the budget year (July lst to June 30th); there are many other expenses needing to be paid in the spring. Thompson asked if there were any dock lease payments not yet collected. Komelis noted the payment for the two leases had been paid. The amount paid was $23,500.00. Discussion took place on the current leases and what would happen should the City decide to lease the dock. Komelis stated that was a real problem and the current lessee has commitments to buy and sell fish and would need a solid lease term for planning purposes. It was noted the current lessee is not interested in a one- year lease. .. . Discussion continued on the following topics: · Commissioner Eldridge stated he wanted the facility to remain available for the public and was not interested in a long-term lease should the City take that route. Eldridge felt the term of the leases should be kept at three to five years. · Eldridge thought the City should go out with an RFP to lease the boating facility to determine whether or not there is any interest. Eldridge added, the RFP should be for the dock and cranes only and the ramps should remain the responsibility of the City. Eldridge continued, it appeared the most expense on the dock comes from staffing it and that would be eliminated should someone come forth wanting to take over. Several liability and safety questions were raised and discussed. Commissioner Simon thought this was becoming a privatization issue for the dock and didn't think anyone would actually bid the work and pay the City for something that has not generated a lot of revenue. · Commissioner Barrett asked about the feasibility of adding additional ramps and lanes at the dock. Komelis replied, it was very unlikely and grants had been applied for in the past. A lengthy discussion ensued regarding the current congestion at the dock and possible solutions to the problem. HARBOR COMMISSION MINUTES SEPTEMBER 9, 2002 PAGE 3 Commissioner Simon suggested a motion to support the feasibility of adding two additional ramps at the dock be made. It was noted this was reviewed previously and many problems were encountered with the Corps and lack of property in the area. Commissioner Simon withdrew her motion. · Commissioner Simon suggested Dragnet Fisheries be contacted to see if they would provide some of their property to accommodate an expansion of the parking lot. · Commissioner Barrett asked if aerial maps of the dock area could be made available to provide a better idea of how an expansion could be made. Komelis answered maps would be made available. Commissioner Eldridge thought there were other groups within the community who might be interested in the Dragnet property, the Arts Council being one. Perhaps the City could joint venture with one of them to obtain a portion of the property to accommodate an expansion. · Commissioner ~imon asked about generating interest to use the dock for other purposes such as timber. It was noted the dock is not designed to accommodate the barges that would be needed to haul timbers. · Commissioner Simon suggested if a date was set to shut the dock down it might be the motivation needed to come up with a solution. Closing the dock was an option that was suggested but not discussed in detail. Randy Meier~ ~R~t~J Seafoods -- Indicated he is interested in continuing the lease but not on a year-to-year basis as his business requires more time, but not a 25-year lease. Meier asked, if the dock was privatized, what would be required from the lessee with regard to maintenance, etc. Meier stated he didn't think anyone would come forward to take over the dock. Semmens stated, if the dock was privatized the company would not provide the sa/ne level of service the City provided. Semmens added, a company may be able to run the dock at a breakeven point or actually pay the City if the level of service was established before the dock was leased. Discussion took place on the other users on the dock and Dock Manager Freden indicated it was very sporadic at best. Freden added, a tie-up fee could be another source of revenue for the City, however, it would be difficult to monitor but it could be done. Commissioner Eldridge asked if there would be a reduction in expenses if the time of operation were limited outside the dip net season. Freden stated he didn't think there would be much of a savings as the start-up and shutdown procedures needed to be handled properly to eliminate any further maintenance costs. He added, he thought the only area that could provide a cutback would be to shorten the season by closing the dock in mid-August after the commercial fishing season. Chairman Thompson thought a more thorough breakdown of costs at the dock should be made available in order to better determine what option would be best for leasing the dock. He added, consideration needed to be given to the liabilities involved by privatizing the dock to include regulatory responsibilities on and offshore. HARBOR COMMISSION MINUTES SEPTEMBER 9, 2002 PAGE 4 Commissioner Simon thought an analysis should be made of how the dip net fishery would be affected if the dock were privatized. It was noted this would be a negotiable issue. Commissioner Barrett asked if the legal department could provide something for the next meeting that would outline the legal exposure at the dock. Komelis stated he would discuss this with the City Attorney. Discussion took place on the expenditures of the dock and Meier asked if he could contact Komelis to discuss the actual cost involved in running the dock. Komelis indicated that information could be made available. Chairman Thompson summarized the options as follows: · Continue dock operations "as is" with current leases. · Lease the dock out to private industry and keep the ramps as a City responsibility. · Close the dock. · Revenue from the fish tax, property tax, and parking fees from the dip net fishery be allocated to the harbor budget rather than the General Fund. · Shorten the period of operation. · Consider expansion via access to Dragnet or the Nature Conservatory properties. Chairman Thompson summarized the information required by the Harbor Commission for further discussion at their next meeting so firm recommendations could be made to the City Council as: · ProVide a more thorough cost of dip net fishery expenses. · Obtain a legal opinion regarding the responsibility of the City and a contractor should the dock be privatized, keeping in mind the regulatory issues. · Contact with Dragnet or the Nature Conservatory regarding expansion of the dock for ramps, turn-around lanes and parking. · Commissioner Simon will meet with Komelis to review potential grants, provide aerial maps of the dock area, and if possible, identify the property owners in the area. * Provide the meeting packet as early as possible before the next meeting for review purposes. · Have the boating facility current fee structure as an agenda item for the next meeting. ITEM NEW BUSINESS -- None ITEM 7: REPORTS Director-- Komelis reported the following: HARBOR COMMISSION MINUTES SEPTEMBER 9, 2002 PAGE 5 · The letter to Mayor Williams complimenting the dock operation was included in the packet. 7-b. Dock Foreman- Freden reported the following: · There are two thank-you letters included in the packet that were sent to individuals who donated life jackets to the "Kids Don't Float" program at the dock. Freden reported the lifejackets originally provided were never returned so these generous donations allowed the program to continue. Freden noted several other docks throughout the State with the "Kids Don't Float" program lost lifejackets as well. · In preparation for winter, the dock should be completely shut down by the end of the week. · Suggested the City should consider a tie-up fee at the dock. Commissioner Simon expressed appreciation for the fine job the staff does at the dock. 7-c. City Council Liaison -- No report ITEM 8: COMMISSIONER COMMENTS/q)UESTIONS Foster -- Asked the status of the Coastal Trail and Komelis answered that there has been no further action or communication since his last report. Eldridge -- Thought it was a good productive meeting and thanked Finance Director Semmens for his input. ITEM 9: INFORMATION Kenai City Council Action Agendas of August 7 and 21, 2002. ITEM 10: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 10:00 p.m. Minutes prepared and transcribe by: Barbara L. Roper, Contract Secretary HARBOR COMMISSION MINUTES SEPTEMBER 9, 2002 PAGE 6 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM SEPTEMBER 3, 2002 6:00 P.M. AGENDA ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3. APPROVAL OF MINUTES -- June 4, 2002 and August 6, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- REPORTS Director Friends of the Library City Council Liaison ITEM 6' OLD BUSINESS Discussion -- Library Grant/Grantwriters ITEM 7' NEW BUSINESS ao Discussion -- Commission Member Replacement ITEM 8: COMMISSIONERS' COMMENTS/0UESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of August 7 and 21,2001. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY' LIBRARY ACTIVITY ROOM SEPTEMBER 3, 2002 6:00 P.M. CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Peters called the meeting to order at 6:00 p.m. confirmed as follows: The roll was taken and Members Present: Members Absent: Others Present' Public: DeForest, Heus, Peters, Brenckle, Brown Rodes Acting Library Director McNair, Department Assistant Harris Megon Coon ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner DeForest SECONDED the motion. There were no objections. ORDERED. -- SO ITEM 3: APPROVAL OF MINUTES -- June 4, 2002 and August 6, 2002 MOTION: Commissioner Brown MOVED to approve the minutes as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: p, ERSONS SCHEDULED TO BE HEARD -- None ITEM 5: REPORTS 5-a. Director -- Acting Library Director McNair reported on the following' · Library Director Jankowska would return next week. · McNair introduced Megon Coon and stated she would turn in her application to the City Clerk for consideration by' Council to be placed on the Library Commission. Friends of the Library-- No report City Council Liaison -- No report ITEM 6: OLD BUSINESS Discussion -- Library Grant/Grantwriters Chairman Peters reported on the following: · Marilyn Johnson and Ralph Van Dusseldorp approached the Commission at last month's meeting (there was no quorum) and stated they were interested in offering their services in grant researching and writing. They will work independently on this project and will review their findings with the Commission as necessary. · Reminded the Commission members to complete their brief biographies to be given to Jankowska and later submitted with grant applications. Provided Megon Coon with background information regarding the library expansion and the roles of the Library Commission. ITEM 7: NEW BUSINESS 7-a. Discussion -- Commission Member Replacement · Megon Coon introduced herself and informed the members of her interest in becoming appointed to the Commission. ITEM 8: COMMISSIONERS' COMMENTS/QUESTIONS Commissioners Brenckle, Heus, Brown and Chairman Peters all confirmed they would be unable to attend the meeting of October 1. Peters stated he would contact Councilman Moore to request a cancellation of the meeting. ITEM 9: INFORMATION Kenai City' Council Action Agendas of August 7and 21,2001. ITEM 10: ADJOURNMENT The meeting adjourned at 6:55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI LIBRARY COMMISSION MEEWING SEPTEMBER 3, 2002 PAGE 2 / Marling Address Home Fax No. Business Fax No. EMPLOYER: NAME OF SPOUSE: Home Telephone No. Il 'q q ~ -- *~/~ ~ Business Telephone No Address: ~~o'f~Ovfi ~ ~, ~O-}'~ii. CO~T~- Job Title ~ ~~ ~O~Of ~m, embersh~p in organizations: ~st organizational memberships: , COMMITTEES OR. COMMISSIONS IN WHICH YOU ARE II'ERECTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMmSS O pl comm amam l san , ~ Signa~re KENAI PARKS/h RECREATION COMMISSION SEPTEMBER 5, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- August 1, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD Frank Getty - Cemetery Improvements/Gazebo ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a, Commission Chair Director City Council Liaison ITEM 8: COMMISSION ~UESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a, Council Action Agendas of August 7 and 21, 2002. Beautification Committee Minutes of August 13, 2002. ITEM 11: ADJOURNMENT KENAI PARKS & RECREATION COMMISSION SEPTEMBER 5, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Wisniewski called the meeting to order at 7:10 p.m. Members Present: Baxter, Wisniewski, Gifford Members Absent: Sandahl, Castimore, Hultberg Others Present: Councilwoman Porter, Director Frates, Contract Secretary Roper A quorum was not established, Chairman Wisniewski canceled the meeting. ITEM 2: AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES- August 1, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD Frank Getty- Cemetery Improvements / Gazebo ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8. COMMISSION ~UESTIONS/h COMMENTS ITEM 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10. INFORMATION a, Council Action Agendas of August 7 and 21, 2002. Beautification Committee Minutes of August 13, 2002. ITEM 11: ADJOURNMENT Prepared and submitted by: Barbara A. Roper, Contract Secretary CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 11, 2002 - 7:00 p.m. 1. SWEARING IN OF COMMISSIONER AMEN: 2. 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 fi'om the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ® *APPROVAL OF MINUTES: a. *August 28, 2002 4. SCHEDULED PUBLIC COMMENT: 5. CONSIDERATION OF PLATS: a. PZ02-56---Preliminary Plat~Five Irons Heights Caribou Heights Addition- A replat of Five Irons Heights Block 3. Submitted by McLane Consulting Group, P.O. Box 468, Soldoma, AK 99669. , 6. PUBLIC HEARINGS: a. 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. b. PZ02-55--An application for a Conditional Use Permit for a Lodge/Meeting Facility for the property known as 602 Davidson Street (Lot 5, Luebke Subdivision), Kenai, Alaska. Application submitted by D. Cheney McLennan dba McLennan House, 602 Davidson Street, Kenai, Alaska. 7. OLD BUSINESS: 8. NEW BUSINESS: a. Yragui Subdivision- 3-Foot Vacation - Discussion- Recommendation to City Council 9. PENDING ITEMS: 10. CODE ENFORCEMENT: 11. REPORTS: a. City Council b. Borough Planmng c. Administration 12. PERSONS PRESENT NOT SCHEDULED: 13. INFORMATION ITEMS: a. Zoning Bulletin (8/25/02) 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: ~NAI PLANNING & ZONING COMMISSION SEPTEMBER 11, 2002 PAGE 2 CITY OF KENAI PLANNING/h ZON~G COMMISSION AGENDA CITY COUNCIL CHAMBERS SEPTEMBER 11, 2002 CHAIRMAN RON GO~~, PRESIDING MINUTES SWEARING IN OF COMMISSIONER AMEN: Department Assistant Hams performed the oath of office and swore Commissioner Amen in at 7:03 p.m. ITEM 1: CALL TO ORDER 1-a. Roll Call: Commissioner Goecke called the meeting to order at 7'00 p.m. Roll was taken and confirmed as follows: Commissioners Present: Others Present: 1-b. AEenda Approval: Osborne, Nord, Tunseth, Glick, Goecke, Bryson (in at 7:03 p.m.) Councilman Bannock, Planning Assistant Carver, Department Assistant Harris MOTION: Commissioner Glick MOVED to approve the agenda, including the laydowns, and requested UNAN~OUS CONSENT. Commissioner Nord SECONDED the motion. ORDERED. SO Consent Agenda: MOTION: Commissioner Osborne MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Tunseth SECONDED the motion. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- August 28, 2002 ITEM 3: SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS PZ02-56---Preliminm-y Plat---Five Irons Heights Caribou Heights Addition- A replat of Five Irons Heights Block 3. Submitted by McLane Consulting Group, P.O. Box 468, Soldoma, AK 99669. MOTION: Commissioner Glick MOVED to approve PZ02-56 and Commissioner Osborne SECONDED the motion. There were no public, staff or Commissioner comments. VOTE: Bryson Yes Tunseth Yes Nord Yes Osborne Yes Amen Yes Glick Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS: 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. .. MOTION: Commissioner Osborne MOVED to approve PZ02-54 and Commissioner Tunseth SECONDED the motion. There were no public, staff or Commissioner comments. VOTE: Tunseth Yes Nord Yes Amen Yes Glick Yes Goecke Yes Osborne Yes Bryson Yes MOTION PASSED UNANIMOUSLY. ~NAI PLANNING & ZONING COMMISSION SEPTEMBER 11, 2002 PAGE 2 5-b. PZ02-55--An application for a Conditional Use Permit for a Lodge/Meeting Facility for the property known as 602 Davidson Street (Lot 5, Luebke Subdivisiont, Kenai, Alaska. Application submitted by D. Cheney McLennan dba McLennan House, 602 Davidson Street, Kenai, Alaska. MOTION: Commissioner Nord MOVED to approve PZ02-55 and Commissioner Tunseth SECONDED the motion. ~ Chairman Goecke opened the floor to public testimony. Jim Butler- 480 Roy Way: Buffer stated his residence is approximately two blocks from the proposed structure and fully supports the facility. Buffer stated he f'mds the facility to be aesthetically pleasing, economically supportable, and in a good location. Buffer stated his is in no way an agent for the lodge/facility. requirements have been met and are not problematic. Carver stated all parking VOTE: Nord Glick Goecke Yes Yes Yes Osborne Yes l~ryson Yes A!T!___en Tunseth Yes Yes MOTION PASSED ~UNANIMOUSLY. ITEM 6: OLD BUSINESS-- None ITEM 7: NEW BUSINESS: Yragui Subdivision- 3-Foot Vacation - Discussion- Recommendation to City Council Commissioner Bryson expressed concems regarding Yragui Subdivision and commented on the following: · The general situation involving large strips of land being vacated without addressing specific situations has the potential for great ramifications. Currently, the proposed vacation would be carried along each lot within the subdivision along the Candlelight frontage. This could set a precedence by others requesting the same consideration, also without supporting justification. Such requests could result in a large loss of land. KENAI PLANNING & ZONING COMMISSION SEPTEMBER 11, 2002 PAGE 3 · At some unknown date, a structure was built in the Candlelight easement. Effectively, this is trespassing. · While a three-foot strip may not seem to be a large issue, a rough estimate for the City of Kenai, between the Borough minimum roadway right-of-way width and the access easements created by the government lots, could represent hundreds of acres. · All section line situations within the City of Kenai are typically dedicated to a 100-foot easement width; 50 feet on each side. This would leave 20 feet of full breadth of the property that could be, if conformed to minimum Kenai Peninsula Borough standards, turned over'without an evaluation. MOTION: Commissioner Glick MOVED to recommend Council exercise their veto power for 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. Commissioner Tunseth SECONDED the motion. VOTE: Osborne Yes Amen Yes Glick Yes Yes Tunseth Yes Nord No Bryson Goecke Yes MOTION PASSED. ITEM 8: PENDING ITEMS--None ,, ITEM 9: CODE ENFORCEMENT --None ITEM 10- REPORTS 10-a. City Council- Councilman Bannock provided a detailed recap of Council action items. 10-b. Borough Planning- Commissioner Bryson provided a recap of KPB Planning action items. 10-c. Administration-No report. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Zoning BuUetin (8/25/02) KENAI PLANNING & ZONING COMMISSION SEPTEMBER 11, 2002 PAGE 4 ITEM 13- COMMISSION COMMENTS ~ QUESTIONS Each member welcomed Amen to the Commission. Commissioner's Nord and Tunseth apologized for their recent absences. ITEM 14: ADJOURNMENT: The meeting adjourned at 8'07 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI PLANNING & ZONING COMMISSION SEPTEMBER 11, 2002 PAGE 5 KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 10, 200~ 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ***AGENDA*** ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- August 13, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD Planters Ricky Gease, Kenai Visitors/k Convention Bureau -- Concrete ITEM 5: OLD BUSINGS ITEM 6: NEW BUSINESS ,, ,ITEM 7: Discussion-- Banners REPORTS a, Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of August 1, 2002. City Council Action Agendas of August 7 and 21, 2002. ITEM 10: ADJO~ENT KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 10~ 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MARILYN DIMMICK~ PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Chair Dimmick called the meeting to order at 7'05 p.m. as follows: Roll was taken and confirmed Present: Absent: Others Present: Seymour, Nelson, Brown, Dimmick Rogers, Hett Councilwoman Swarner, Parks & Recreation Director Frates, Department Assistant Harris, Carol Bannock (Kenai Chamber of Commerce), Ricky Gease (Visitor and Cultural Center} ITEM 2: AGENDA APPROVAL The following items were added to the agenda: · 4-b: Carol Bannock-Kenai Chamber of Commerce. · 6-b: Cemetery gazebo. · 6-c. Final CleanuP. · 6-d' Kenai Chamber of Commerce request. There were no objections to the additions and the agenda was approved unanimously. ITEM 3: APPROVAL OF MINUTES -- August 13, 2002 MOTION: Member Brown MOVED to approve the minutes as presented and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Ricky Gease, Kenai Visitors/h Convention Bureau -- Concrete Planters Gease informed the Committee the trees planted in the concrete planters in front of the Center are not thriving and would benefit from relocating. Upon relocation, Gease informed the Committee of his desire for hearty shrUbs and other lower growing plants to take their place. In the long term, perhaps interpretive panels or sculpture work could be placed throughout the area. Frates stated the trees and shrubs could be dug up and relocated on the next rainy day (a day when Parks & Recreation does not mow). Gease also informed the Committee of his desire to refurbish the old wooden boats near the Visitors Center. Carol Bannock stated the Kenai Football team is re-painting the Chamber of Commerce cabin and could possibly be assigned to help. MOTION: Member Seymour MOVED to recommend removing the trees and shrubs from the Kenai Visitor and Cultural Center to a more favorable location. Member Brown SECONDED the motion. There were no objections. SO ORDERED. 4-b. Carol Bannock -- Chamber of Commerce Bannock presented the Committee w/th a request to add 16 54" king salmon replicas to the concrete planters. Bannock stated the planters placed at intersections would be ideal due to the high level of visibility. The fish are part of the Chamber of Commerce "Hooked on Kenai' campaign and will be purchased by a company or individual. A local taxidermist will construct the salmon from Styrofoam molds which will then be painted to life-like similarity. Bannock stated the estimated cost of sponsoring a fish would be $450 and requested the actual installation and maintenance of the fish and beds in which they are placed be performed by the City of Kenai Parks & Recreation Department and the Beautification Committee. Bannock also stated the fish will be complete with weather resistant paint, a fWo-~ch pipe support with a flat plate at the bottom, and a metal plate for the sponsor's name which will be mounted on the salmon. The following questions were asked and/or discussed: · Theft issues · Could the 'sponsoring businesses simply have the fish placed in front of their business instead of in a planter? · Could the fish be arranged into a ~stream~ formation along the Chamber cabin? · What are the exact dimensions of the business signs/plaques which advertise who sponsored the fish? · Would the sponsoring businesses be responsible for any maintenance on the planters or the fish? · What specific planters would the Chamber be requesting first? · Would this be an on-going program? The Committee discussed how aspects of advertising could affect the virtue of the natural state of the planters. Additional time was spent on discussing whether or not the sponsoring business should be responsible for the overall maintenance and care of KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 10, 2002 PAGE 2 the planters, and if so, would the City of Kenai provide plant material or require planting guidelines. ITEM 5: OLD BUSINESS-- None ITEM 6: NEW BUSINESS 6-a. Discussion -- Banners Frates informed the Committee of a request from the Kenai Chamber of Commerce for additional banners stating "Kenai Wild" as part of an advertising scheme to promote Cook Inlet salmon. As the Chamber budget will not support the purchase of these banners, the City of Kenai would be requested to purchase and maintain the banners. 6-b. Discussion -- Cemetery Gazebo Frates presented the Committee with a picture of the gazebo Frank Getty has requested permission to inStall at the Kenai Cemetery. The 12 foot gazebo will cost approximately $7,200.00 and will be paid for through donations. Frates stated the probable location of the gazebo would be in the area across from the water tank. The surrounding area will be improved to create footpaths linking to the gazebo. MOTION: Member Brown MOVED to recommend approval of the placement of a 12-foot gazebo at the area designated by the Parks and Recreation department. Member Seymour SECONDED the mOtion. There were no objections. SO ORDERED. -Ce Discussion -- Final Cleanup Committee members agreed to meet Sunday at 1'30 p.m. at the Kenai Fire Department to perform a final cleanup of flowerbeds. 6-d. Discussion -- Fish in Flowers The Committee further discussed the request from the Kenai Chamber of Commerce to place salmon in the concrete planters and concluded more information is needed before any decision could be made. This item was requested to be added to the October 8, 2002 agenda. ITEM 7: REPORTS Committee Chair- No report KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 10, 2002 PAGE 3 7-b. Parks/1~ Recreation Director- Frates stated he is not opposed to the Chamber of Commerce request and will look further into the idea to help §am more information on the design. 7-c. Kenai City Council Liaison - Councilwoman Swarner provided a recap of Council action items. ITEM 8: (~UESTIONS AND COMM_IgNTS-- None ITEM 9: INFORMATION Parks/h Recreation Commission Meeting Minutes of August 1, 2002. City Council Action ~endas of Augnst 7 and 21, 2002. ITEM 10: ADJOURNMENT The meeting adjourned at 9:05 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 10, 2002 PAGE 4 Kenai Chamber of Commerce 402 Overland Kenai AK 99611 907-283-7989 907-283-7183~ www,kenaichamber.org hookedonkenai~alaska, net Bob Frates Parks & Rec/Beautification 227 Caviar Street Kenai AK 99611 283-3855 fax 283-4675 September 10, 2002 RE: Request for permission to install Hooked on Kenai! Salmon in Beautification Planters Dear Bob, The Kenai Chamber of COMMERCE thanks you and the City of Kenai for your continued commitment to the Hooked on Kenai! Campaign. Hooked on Kenai! continues to evolve as more individuals and businesses take ownership in this program to enhance local economy and community spirit. It was recommended to me that we coordinate interests to display the large King Salmon in the center of the city planters at our intersections which the beautification committee maintains. I have received a bid fi'om our local taxidermist ( who worked with the Chamber to manufacture fiberglass King Salmon reproductions for the Hooked on Kenai! Campaign for exhibitors) for 54" fiberglass King Salmon reproductions. Included is complete painting with weather resistant paint, 2 inch pipe support with flat plate at the bottom and a metal plate for the sponsor's name mounted below the salmon. Reproduction will be foam filled and all metal surfaces painted for weather resistance. There would be minimal damage to the diligent efforts of the beautification committee in the installation of these salmon. Hooked on Kenai would visibly be Kenai's new calling card! Imagining pulling up to our intersections and seeing salmon jumping out of the planters!... And "Company Name is Hooked on Kenai!" There has been a great deal of interest generated! What a fabulous way to market the businesses and people who live here, who are Hooked on Kenai! This display would impress visitors and generate community spirit and pride! I am requesting the approval of the City of Kenai to mount the King Salmon reproductions as outlined above in the City's Planters. Once I have received your approval I will immediately begin the promotion of this aspect of the campaign, coordinate the sponsors and have in place by May 1 st 2003. Your prompt response is greatly appreciated as it will expedite the production to meet lead-times and our final goal. Please contact me if you have any questions. Respectfully Ho~ked o~ Kenai! ~ Executive Director Carol Freas From' Ricky Gease, Kenai CVB Executive Director [Ricky. Gease@visitkenai.com] Sent: Friday, September 13, 2002 4:55 PM To' Carol Freas Subject: August report.2002 TO' KENAI MAYOR AND CITY COUNCIL MEMBERS FROM: RICKY GEASE, EXECUTIVE DIRECTOR, KENAI CVB DATE: SEPTEMBER 13, 2002 UPDATE FOR THE KENAI CVB AND THE KENAI VISITORS AND CULTURAL CENTER Kenai CVB: The next board meeting of the Kenai CVB is scheduled for Monday, September 23, 2002, at 5'30 pm. New gaming regulations will come on-line this January. The state has designated that one person cannot manage more than one gaming operation in a calendar year. The Kenai CVB and the Peninsula Oilers currently share part-time employees, and a new working arrangement will be worked out this fall. · Kenai CVB staff (Jay Barrett and I) worked on the cultural committee draft for the Arctic Winter Games, producing both the narrative and the budget for the bid document. Premiere Alaska Tours has brought group tours to Old Town Kenai the past two summers. From their successful experience of bringing group tours to the Kenai Peninsula, another group tour company is planning on bringing group tours to the peninsula and use Old Town Kenai as a day location for the trip. Kenai Visitors and Cultural Center ~isitation at the Kenai Visitors and Cultural Center for August was 11,084, which is slightly up from last summer. August was the only month this summer to have more visitation than last year. Two new exhibits are up in the cultural center: the "All Alaska Juried Art Show", sponsored by the Anchorage Museum of History and Art, and "Myths of Kodiak", a solo exhibition by Kodiak artist Daniel Ogan. The opening reception for both shows is Thursday, October 3, from 4 to 6 pm. Jay Barrett, Dana Woodard and I will attend the Museums Alaska conference in Fairbanks, from Monday September 16 through Saturday September 21. Staff will be giving presentations on our museum education programs as well as attending sessions on museum exhibit evaluations and grant fundraising. I met with the Beautification committee on working out new arrangements for the concrete planters in the front of the building, as the trees are .not faring well inside the concrete structures. 9/13/2002 Hooked on Kenai! King Salmon RE: The Kenai Chamber of Commerce requests the Kenai City Council's permission to install 54" King Salmon reproductions (fiberglass) in the Beautification Planters located at intersections in the City of Kenai. A) Reason 1) Promote Kenai 2) Generate community spirit 3) Impress Visitors 4) Promote Kenai Chamber Businesses B) King Salmon (54" fiberglass reproductions) 1) Salmon will be strategically placed in planters (supervised by Mr. Frates) 2) Salmon will be realistically painted with weather resistant paint 3) Each salmon will have 2" pipe support with fiat plate at bottom The Kenai Chamber is open to suggestions on the technical portion of this request, especially regarding vandalism prevention. C) Signage 1) Sponsor's name will be mounted under salmon on a metal plate 2) Wording will be as follows Company's Name is Hooked on Kenai! 3) Signs will be metal and painted with weather resistant paint 4) Signs not to exceed 81/2"X 14" D) Flowers 1) Included in requests to sponsors will be, $100 for each planter with a King Salmon, to go to flowers 2) The Kenai Chamber requests that flowers be purchased at Kenai Chamber Member businesses only Once the Kenai Chamber receives the approval of the Kenai City Council, we will immediately begin the promotion of this aspect of Hooked on Kenai! HOOKED ON KENAI! WILL BE KENAI'S NEW CALLING CARD. May 1, 2003 will be the Kick off date for all aspects of the Hooked on Kenai campaign. Answers to questions fi'om Beautification Committee from Sept. 10, 2002 Theft issues: The Kenai Chamber will not let the thieves of the area keep us from a good idea. We will find a way to do everything we can to protect the investment of our members. Could the sponsoring businesses simply have the fish placed in front of their business instead of in a planter?: This opportunity already exists for them through the Hooked on Kenai! Program. Businesses that are members of the Kenai Chamber may purchase a King Salmon, decorate it, and display it in their businesses. The proposition presented here is to add another level to HOoked on Kenai!, another opportunity for people and busi- nesses to let everyone know WE ARE HOOKED ON KENAI! Could the fish be arranged into a "stream" formation along the Chamber Cabin?: Although this could be a fun idea, it does not lend itself to the purpose of this proposal. The idea is to spread the Hooked on Kenai! theme throughout Kenai, not just one area. What are the exact dimensions of the business signs / plaques which advertise who sponsored the fish?: The size of the sign is yet to be determined, but will not exceed 81/2 X 14 inches, and no smaller than 81/2 X 11 inches. We will bring our choice to council for approval before King Salmon are constructed. Would the sponsoring businesses be responsible for any maintenance on the planters or the fish? No on the planters. The Kenai Chamber and sponsoring businesses would accept responsibility of the King Salmon. What specific planters would the Chamber be requesting?: We will work closely with Mr. Frates on this matter. Would this be an on-going program?: It is the intent of the Kenai Chamber for this aspect of Hooked on Kenai! to be on-going. AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 4, :2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS o Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. , Ordinance No. 1966-2002 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. , Ordinance No. 1967-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Fund for Purchase of a Microfilm Reader/Printer for the Kenai Community Library. , Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. . Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. Se Ordinance No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non-Prepared Food. . , , 10. 11. ITEM D: . 2. 3. 4. 5. 6. 7. ITEM E: lo ITEM F: ITEM G: , e ITEM H: Ordinance No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision (Formerly a Portion of Government Lot 61), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. Resolution No. 2002-59 -- Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $79,788.90. Resolution No. 2002-60 -- Awarding the Bid to North Star Paving & Construction, Inc. for Wastewater Treatment Plant Paving - 2002 for the Total Amount of $19,759.20. Resolution No. 2002-61 -- Supporting an Amendment to KPB 2.60 Clarifying Emergency Communications Authority and Revising Membership on the E-911 Board. Resolution No. 2002-62 -- Awarding a Janitorial Contract for the Kena/ Municipal Airport to Marcie's Janitorial for the Period September 1, 2002 Through June 30, 2003. .C, OMMISSION/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. Kenai Chamber of Commerce MINUTES *Regular Meeting of August 21, 2002. CORRESPONDENCE OLD BUSINESS Discussion -- Suggested Slash Removal Ordinance Discussion -- City Logo Update NEW BUSINESS . . . , , , o ITEM I: ITEM J: Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Office Report Writing Stations. Discussion .... Local Improvement District -- Toyon Way/Report to Council. Discussion -- Schedule Board of Adjustment Hearing/Planning & Zoning Commission Demal of PZ02-43 -- An 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. Nancy Henricksen, Applicant and Appellant. Discussion-- Livestock Ordinance Review. Discussion -- Pohcy Discussions Scheduling REPORT OF THE MAYOR 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 MEETING SEPTEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.u s MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'05 p.m.' 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. A-2. ROLL CALL Roll was taken by the City Clerk. Bannock and Jackman. Present were: Williams, Bookey, Swarner, Porter, Absent was: Moore A-3. "- AGENDA APPROVAL MOTION: Councilwoman Swarner MOVED for approval of the agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4o CONSENT AGENDA MOTION: Councilwoman Swamer MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None ITEM C: pUBLIC HEARINGS C-1. Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. KEN~ CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 2 MOTION: Councilwoman dackman MOVED to approve Ordinance No. 1965-2002 and Councilman Bannock SECONDED the motion. There were no public comments. Councilwoman Swarner asked if there would be any changes made to the advertisement and City Manager Snow answered no as the budgeted amount would not cover any changes. It was also noted, a purchase order was included on the H-2 list for $2,961 (the amount quoted to renew the ad) and it was too late in the season to completely redesign the advertisement. VOTE: Williams Moore Jackman Yes Absent Yes Bookey Porter No Yes Swamer Bannock Yes Yes MOTION PASSED. C-2. Ordinance__ No. 1966-2002 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1966-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams Yes Moore Absent Jackman Yes Booke¥ Yes Porter Yes Swarner Bannock Yes Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1967-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Fund for Purchase of a Microfilm Reader/Printer for the Kenai Community Library. MOTION: KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 3 Councilwoman Swamer MOVED for adoption of Ordinance No. 1967-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams Moore Yes Absent dackman Yes Booke¥ Porter Yes Yes Bannock Yes Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1968-2002 and Councilwoman Ja~kman SECONDED the motion. There were no public comments. It was explained the ordinance did not deal directly with bed and breakfasts as they have their own requirements of the zoning code, i.e. floor space, private home, number of employees, etc. Councilman Bannock added, when the recreation zone portion of the code was reworked, this portion had been left out. As the ordinance applies to recreational vehicles, one cannot occupy a recreational vehicle for over any 90-day period and with the amendment, the 90 days has to be between May and September and is site specific. He also noted, the Planning & Zoning Commission approved the amendment to the code. Williams noted, in a recent appeal from the Angler Acres area, he wanted to limit the occupancies in trailers and/or cabins on a lot to five. He asked if the allowance of recreational vehicles used in the recreational zone would increase the occupancy. Bannock answered no, and noted, the conditional use permit dictates the occupancy based on lot size. Williams clarified, passing the ordinance would allow recreational vehicles to be utilized in residential areas within the recreation zone for a periods up to approximately 120 days, instead of the 30 days currently allowed. Ozzie Osborne, Planning & Zoning Commission -- Stated the Commission's discussion included the length of use (addition of one month) of recreational vehicles in the zone. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 4 VOTE: Williams Moore Jackman Yes Absent Yes Bookey Porter Yes Yes Swarner Bannock No Yes MOTION PASSED. C-5. Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. Dan Van Zee -- Vice-Chair of the Airport Commission. Noted the following: * Kenai/Anchorage fare per passenger mile is the highest in the nation. · The number of passengers has dropped by 7,000 since 2001 (below the five-year average). . People are driving to Kenai instead of flying which affects the Kenai economy substan.ti.'ally, through loss of business for airport concessionaires, sales tax, hotels, meals, etc. · All agree the airport is a very important element of the Kenai economy and all have the desire to develop a major asset. · In contacting other firms, the Commission found no Alaska firms that were able, willing and experienced to do a study. · The study would determine where Kenai passengers are going through information from local travel agencies. · Urged council to support the contract to conduct an air travel marketing study as the Commission believes conducting the survey is the place to start in order to fred avenues available to develop the airport and could help 'in acquiring air service development grants, planning, etc. Airport Manager Cronkhite noted the following: · Intemet airfares are available from Kenai to Anchorage. · Contact could be made to the company providing the database for all ticketing and acquire a report for approximately $150,000. · Though the study would include a number of elements of information, the ticket lift survey would determine what Kenai's population is doing for their travel plans. Paul Landis, Senior Vice President, ERA Aviation -- Noted the follow/ng: · ERA has been serving Kenai for 19 years. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 5 · Was upset he had not been invited to attend the meeting and through newspaper articles learned the city was considering paying an outside firm to compile travel information when ERA has been studying the market for the last 19 years. · Less than 35% of their tickets are written by travel agents. · There are many local experts on airline marketing, i.e. SouthCentral Airlines, Valdez Airlines, AAI, Frontier, etc. * Suggested taltdng with ERA if there is a problem with airfares, etc. as working together would have a better perspective than any company that can be hired. · ERA can confn'm spillage per year on the road system since improvements to it have been made; state of the industry in Kenai before and after 9 / 11/02; acquisition costs of new aircraft; safety costs; insurance; labor costs; PFC's; segment fees; federal taxes; ADA requirements, etc. . The upcoming security measures will largely affect the airfares. . Air carriers will not cost cut to cover their losses, they will increase airfarcs. * TheyYe added flights back into their schedule to accommodate Slope workers; offer intemet booking; ERA vacations, etc. . They are actively marketing Kenai as a world'class destination. · If there's a market, another carrier will come to Kenai. . Doesn't think the council should be trying to subsidize an airline. · Asked what other time had the council challenged the market position of a local business. · The omission of including ERA in the discussions in regard to the consultant he felt was adversarial. * Suggested council table the ordinance and save $20,000; try to re- establish a relationship; promised and committed to make this alternate approach work. Porter asked if anyone had contacted him about the study and if he spoke with the Airport Commission. Landis answered no. Swamer questioned Landis' comments regarding PFC's. Williams explained council took the position not to include PFC's on the fares between Kenai and Anchorage, even though money was being lost at the airport. This decision was based on the number of commuters traveling between Kenai and the Slope and council didn't want to add the cost to tickets. Landis stated the PFC's for Anchorage would have taken the money from Kenai. Swarner stated she receives frequent complaints from constituents regarding the high cost of airfare who want to know what, as a city, can be done about it and why the council did not take an adversarial position on it. Landis again suggested council have a work session in which he can explain what drives the cost of air travel in Alaska. Williams explained he had wanted to send a letter to ERA expressing his concern in regard to high airfares, etc., but the council stated they didn't want to get involved in ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 6 the operation of a private company. He added, the Commission, in its investigation, felt they wanted an independent study. Landis questioned why the city would hire a consultant when ERA would be able to share the information for flee. Discussion continued regarding seeking outside information; other air carriers left the Kenai market even with ERA's higher fares because the people didn't support the other companies; higher fares will exacerbate the problem because there will be fewer people willing to pay the higher fares, which will make the cost of air travel higher for the air cartier; enplanement numbers are received from the air cartier (from Kenai to Anchorage); if the council and Airport Commission are in good faith trying to understand, are supportive, and open-minded, the more information Landis will share; if ERA cannot supply the answers the city would be paying a consultant to find, they would have failed. Williams asked if the proposed study would find information ERA would be able to use and Landis answered, perhaps. MOTION: Councilwoman Porter MOVED to table the conversation until the Airport Commission and the City Council can meet with representatives from ERA and if at that time that answers are not gained, the council can then readdress the issue. Blaine Gilman -- Stated he thought the market would react and another carrier will come to Ken/fi. He added, at some time, the council has to ask what its role is and asked why the city should try to stimulate this market. Gilman added, he didn't think $20,000 would acquire a very good market survey, suggested taltdng w/th ERA representatives first, explain constituent problems and added, he didn't think the money would be well spent. Williams noted, funding for this study would come from the Airport budget which is in good fiscal condition and is a cash generator for the city. He added, the council charged the Airport Commission and Airport Manager with the responsibility of marketing the airport, generating revenue, etc. and in charging them with the responsibility, council must give them the tools necessary to do it. Williams continued, he believed the Commission saw the study as one of those tools necessary to improve the overall marketing of the airport to make it more economically viable and a better operating facility within the city. Gilman stated, he felt council should first talk with ERA, didn't think $20,000 was enough for a really good study, and he supported the motion to table. Councilwoman Jackman explained the study was not only to investigate acquisition of another cam'er, but it would be a very important and useful tool to gain grant monies, KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 7 revenues to the airport, and was not only about competing with ERA Aviation. Williams agreed, the study was a part of the whole issue of marketing the airport in a broader arena. Dan Van Zee -- Explained his focus on the study had nothing to do with the airfare between Kenai and Anchorage and is more interested in knowing what happens after the traveler gets to Anchorage and where their travel originates. He noted, expanded docking facihties in Homer, Princess Cruises with property in Happy Valley, cruise ship visitors into Seward, all may be areas of investigation to bring those visitors to Kenai. Also' the study could indicate if there is enough traffic into Kenai to have direct service between Kenai and Seattle/Portland. Van Zee added, he believed it was his job on the Commission to fred this information out and what he envisioned the study was about. Williams noted, European Air Defense Systems Company is planning to build an assembly facility in Kenai and before the work even starts, they are considering doubling the original size of the facility they initially planned to build. He added, this is the kind of economic development programs the city is trying to bring to the airport. Landis noted the memorandum included in the packet and the ordinance refer to an airfare study. . Cherie Brewer-- Noted the following: · Encouraged the city to talk with Landis. · Disagreed with comments that it is the city's job to do economic development studies and felt it was the responsibility of the local economic development groups, tourism council, etc. · Thought the city needs to be careful not to get involved in trying to control private enterprise. Look for another carrier, but don't penalize ERA. · Supported tabling the motion. Williams noted it is only the city's responsibility to market the airport since it took it over and developed it into the facility it is currently. He added, the airport would remain a responsibility of the city and it was up to the city to see the airport continues to develop. Henry Knackstedt, Airport Commission Chair-- Recommended approval of the ordinance because he believed the council requested the Commission do a study to market the airport and the hiring of a consultant would do exactly what they were directed to do. He added, it was his understand~g Landis offered to give information, but won't give it if the city goes forward with the study. Knackstedt stated he would like to do both, get the information and incorporate it into the study. He added, he felt it important to go forward with the study. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 8 Williams asked Landis if he would be willing to join with the city and expand the study by furnishing more information and working in conjunction with the group. Landis answered he did not know why he would want to participate when he understood from the reformation in the packet one of the objectives is for the city to solicit from large businesses to guarantee seats to another carrier. He added, let the market take care of itself and that the city had no business in getting involved. Williams asked if Landis felt ERA would help the city further market the airport in other areas, i.e. introducing the city to other companies that may advance the city's causes by locating to Kenai. Landis answered, yes and added, they are already marketing Kenai as a destination on the intemet. Williams asked if any information received from inquiries ERA has received were passed on to the Airport Commission. Landis answered, they have had no contact with the Airport Commission. Landis added, he would not help Sixel to attract another carrier into the area, but would help the city in developing airport business and help to understand better ERA's position, yes. Porter restated her motion as follows' MOTION TO TABLE: .o_ Councilwoman Porter MOVED to table Ordinance No. 1969-2002 until a meeting can be held with ERA Aviation and the Airport Commission and possibly city council to explore some of the possibilities of maybe what the city wants to do. Councilman Bookey SECONDED the motion. Williams asked Landis if he would be willing to participate in a work session with council and the Airport Commission to discuss the matter further. Landis answered yes. VOTE: Williams Moore Absent Jackman No No Bookey Porter Yes Swarner No Yes Bannock Yes MOTION FAILED. Williams stated he voted no because he wanted to hear from Councilman Bookey. Bannock asked if two motions could be made in the same discussion. Graves advised, one of the "no" votes can move to reconsider or move to rescind the previous motion. Councilman Bookey made the following comments: · He had some serious concerns with the ordinance. KENAI CITY COUNCIL MEETIoNG MINUTES SEPTEMBER 4, 2002 PAGE 9 · Understood council requested the Commission to look into a study. · Took offense to the memorandum stating the city was looking for airfare changes as he didn't think the city should be interfering in private business and believed the fair market value of the tickets will sometime satisfy the cost to the public. · Believes there is a need for a survey, however he wanted to meet with ERA first and maybe find how the money could be spent more wisely. · Agreed $20,000 may not achieve the study they want. · There is time to meet with ERA and the Commission. Jackman acknowledged people may have been offended the city was looking for another carrier for competition, but the study would entail a lot more information. She added, she didn't feel it would be appropriate to wait on the study as it is for not only airline competition, but other avenues of revenue. MOTION FOR RECONSIDERATION: Councilwoman Swarner MOVED for reconsideration of the motion to table and Councilman Bookey SECONDED the motion. VOTE ON REcoNSIDERATION: Williams Moore Jackman Yes Absent No Bookey Porter Yes Yes Yes Bannock Yes MOTION PASSED. MOTION TO TABLE: Councilwoman Porter MOVED to table Ordinance No. 1969-2002 until council has had a chance to have a meeting with the Airport Commission and representatives from ERA Aviation to discuss the issues at hand. Councilman Bookey SECONDED the motion. VOTE: Williams Yes Absent Bookey Porter Yes No Moore Yes Bannock Yes Jackman No MOTION PASSED. BREAK TAKEN: 8:32 P.M. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 10 BACK TO ORDER: 8:44 P.M. C-6. Ordinance No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non-Prepared Food. MOTION: Councilwoman Jackman MOVED to approve Ordinance No. 1970-2002 and Councilman Bannock SECONDED the motion. Blaine Gilman -- 216 Susieanna Lane, Kenai. Commended council for coming forward with the ordinance and he felt it was a real danger throughout the borough if the proposition passes. He approximated the loss of $1 million in sales tax to the city would equate to a three mill increase in property taxes. He also noted, the local grocery stores were not asking for the exemptions. Gilman supported the passage of the ordinance as the proposition would place too much burden on property owners, but believed the council would get some political flack in passing it. Attorney Graves n6ted, if council passes the ordinance, it would provide a non- exemption on sales tax for non-prepared foods. However, council could revisit the ordinance if desired after the election. Councilman Bannock stated he took serious offense to a group outside of the city trying to dictate what the tax responsibility will or will not be for the city. Bookey agreed and added, he hoped the constituency understood why the council was considering the ordinance and hoped council could educate the public of the impacts to the city will be ff the proposition is passed. VOTE: Williams Moore Jackman Yes Booke¥ Yes Absent Porter Yes Yes Swarner Yes Bma_ nock Yes MOTION PASSED UNANIMOUSLY. Williams also noted the Borough Assembly had passed an ordinance to exempt senior citizens from paying tax on rent and noted how adjustments would need to be made to rents in order to cover the cost of the additional accounting that will be needed due to adjusted rental charges through different assistance programs. He added, the Borough had several other tax issues they are wanting to modify and cautioned the changes would be difficult in bookkeeping for private businesses. Williams noted, KEN~ CITY COUNCIL MEETING MINUTES SE~EMBER 4, 2002 PAGE 11 sales tax has always been an across-the-board fairest tax possible. Bannock agreed and added, the change in the sales tax will make a difference for taxpayers in other ways. C-7, Ordinance No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision {Formerly a Portion of Government Lot 61), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1971-2002 and Councilwoman Swamer SECONDED the motion. There were no public comments. Bannock noted the Planning & Zoning Commission unanimously approved the resolution. VOTE: Williams Moore Jackman Yes I Booke¥ AbSent Porter Yes Yes Yes Swarner Yes Bannock Yes MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 2002-59 -- Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $79,788.90. MOTION: Councilwoman dackman MOVED for approve of Resolution No. 2002-59 and Councilwoman Swamer SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. It was noted, it would be a Chevrolet truck, similar to other city dump trucks and would be used to hold the sander. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 12 Resolution No. 2002-60 -- Awarding the Bid to North Star Paving & Construction, Inc. for Wastewater Treatment Plant Paving - 2002 for the Total Amount of $19,759.20. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-60 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Public Works Manager Komelis noted there were several areas around the treatment plant that would be paved, the work will be done this year, and the paving costs will be paid through the water/sewer fund. VOTE: There were no objections. SO ORDERED. C-10. Resolution No. 2002-61 -- Supporting an Amendment to KPB 2.60 Clarifying Emergency Communications Authority and Revising Membership on the E-911 Board. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-61 and requested UNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public comments; Police Chief Kopp explained the amendment to the borough ordinance would clarify that all city-wide 911. calls would go through the city's dispatchers. He added, this is now possible with automatic routing and new technology and will be more efficient. VOTE: There were no objections. SO ORDERED. C-11. Resolution No. 2002-62 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Marcie's Janitorial for the Period September 1, 2002 Through June 30, 2003. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2002-62 and Councilwoman Porter SECONDED the motion and requested UN~J~IIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 13 There were no public comments. Airport Manager Cronkhite noted, the contract requires two walk-throughs during the day and then two to four hours of deep cleaning in the evening and covers sidewalk snow removal in the winter. It was noted it could be a cost savings to the city if a full-time person was hired to manage these responsibilities and could be discussed during budget season. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Swamer noted the next meeting was scheduled for September 5 at 10'00 a.m. She also reported she and Director Craig would attend a predevelopment grant for assisted living facilities discussion in Anchorage later in the month. Referring to Williams' earlier information regarding the exemption on senior rent taxes, Porter suggested administration prepare a non-exemption ordinance to that effect. Council agreed and directed administration to bring forward an ordinance. D-2. Airport Commission --dackman reported the next meeting was scheduled for September 12 at 7:00 p.m. D-3. Harbor Commission -- Councilman Bookey noted the next meeting was scheduled for September 9 at 7'00 p.m. D-4. Library Commission -- Commission Chair Peters reported a meeting was held on September 3 and noted the following: Grant possibilities were discussed and it was noted there were two city residents with grantwriting experience who offered their assistance to the library. · A high school student attended who is interested in appointment to the Commission. Her application will be included in the next meeting's packet for consideration. · The Friends ofthe Library are selling raffle tickets for their annual fundraising event. · Because there will not be a quorum for the next meeting, the Commission was requesting council to cancel their October meeting. MOTION: Councilwoman Jackman MOVED to excuse the Library Commission from their October meeting and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KEN~ CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 14 D-5. Parks/h Recreation Commission -- Councilwoman Porter reported the next meetin§ was scheduled for September 5. Porter also referred to the proposed fee schedule for the Parks & Recreation Department and commented as follows: · Concerned different fees for the men's and women's basketball leagues will appear discriminatory. Director Frates explained the men's league play twice as many games as the women's league (a preference of the women's league). Porter suggested a per-game fee be investigated and Snow stated they would discuss it further. · Shelter reservations at the different city parks. Porter stated she thought the same price should be charged for each shelter. · Deciding the worth of volunteer services, etc. for the care of the baseball and Little League fields is subjective and would be time-consuming to track. Frates stated it would be worked out through administration. Building costs can be tracked, but volunteer labor worth would have to be determined. Frates added, the $500 would be in lieu of the annual team fees. He continued, he was always looking for incentives for the leagues to help out and giving them an option he felt is one avenue. Bookey and Williams felt the $500 fee could seem insulting to the Little League due to the improvements ...they have made over the years. Snow explained, the leagues can pay the $500 or pay a yearly team fee. Swarner stated she disagreed with Porter's suggestion all the fees for use of parks should be the same. She noted the esthetics at Memorial Park were different than those at Municipal Park. Swarner also suggested a pass be available for public skating at the multi-purpose facility instead of a per use fee. Frates felt that could be worked into the program and felt it was a good idea. It was noted, the league fees cover the costs of maintenance, etc. at the Soldotna fields. Porter noted, council requested administration to bring forward user fees, and they did. D-6. Planning/~ Zoning Commission -- Bannock noted the minutes of the last two meetings were included in the packet and reviewed actions taken at the August 28 meeting as follows: · A prelimin~ plat was considered for property owned by the borough and approved. · A motion for reconsideration on a conditional use permit for a dog- grooming business failed and the applicant submitted a letter requesting an appeal to the Board of Adjustment immediately after the vote. Bannock added, scheduling the appeal hearing was a discussion item later in the meeting. It was suggested the appeal be set at this point in the meeting. MOTION: ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 15 Councilman Bookey MOVED to set the Board of Adjustment hearing in the Groomingdale's for 7:00 p.m., September 21 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Bannock continued, · Discussion took place regarding increasing public hearing fees and discontinuing certified mailings for public hearing notices. These items had been recommended to council for change several months ago and council' failed both. These issues will be reviewed again by the Commission and, Bannock added, he felt council should review the issues again. Williams noted there is no record of receipt of notices if they are not certified. Bannock noted, precedence has been set by other chartered communities to not send certified notices. Porter reported sandwich board signs were discussed and it was noted the city has the right to remove sandwich board signs in the state right-of-way. The Commission will address the issue as a public hearing prior to it coming back to council for consideration. D-7. Miscellaneous Commissions and Committees ,.. D-7a. Beautification Committee -- Swarner reported the next meeting would be held on September 10 at 7'00 p.m. D-Tho Kenai Convention/~ Visitors Bureau Board -- No report. D-7c. Alaska Municipal League Report -- Williams reported he attended the Alaska Conference of Mayors meeting in Pelican and felt there were very good discussions regarding the state's f'mancial position and tax revenues. Williams reviewed information included in the packet to this regard. D-7d. Kenai Chamber of Commerce -- Chamber President Brewer noted the following: · The Chamber's 18th Annual Wine/Beer Tasting & Auction would be held on October 5 and requested a donation from the city toward the event. Because no funding had been included in the budget for this purpose, no donation was made. · Noted the Chamber had a conceptual idea to use the city planter rings to hold decorated fish signs to be sold by the Chamber for sponsorships. Swarner reported the Beautification Committee had not been approached in this regard and suggested they first present the idea to them. · The State Chamber Board Meeting will be held in Soldotna in September and to forward any issues to her for presentation at the meeting. IiENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 16 Williams thanked the Chamber for their support of his recent letter regarding the Swanson River oilfield. He noted a teleconference would be held on Friday in this regard and requested Vice Mayor Swamer to attend. ITEM E: MINUTES Regular Meeting of August 21, 2002 -- Approved by consent agenda. ITEM F: CORRF~PONDENCE-- None ITEM G: OLD BUSINESS Discussion -- Suggested Slash Removal Ordinance A brief discussion took place in regard to the three versions of the ordinance submitted by Attorney Graves. Comments included: · None of the draft ordinances would address wind-downed trees though there was interest expressed the ordinance should cover wind-downed trees. · The ordinance drafts were designed to address slash being stored in pries and not to address._standing dead trees either. Bannock stated he recognized the problem and felt something should be done and preferred Draft # 1. Porter stated she appreciated the work done on the ordinance, but they didn't represent what she wanted, noting slash is a fire hazard and it is the responsibility of the city to have an area where people can deposit it. Porter stated, of the drafts she encouraged support of Draft # 1. Bookey stated he was not originally in favor of an ordinance, but because Draft # 1 addressed 120 days for disposition and slash storage would not be prohibited on lots 40,000 sq. ft. and larger, he would support Draft # 1. Porter requested administration to bring Draft # 1 of Ordinance No. 1963-2002 back for consideration. Council had no objections. BREAK TAKEN: 10:20 P.M. BACK TO ORDER: 10:30 P.M. Discussion -- City Logo Update Council reviewed other logo designs prepared by Councilwoman Porter and indicated favor for the design. Suggestions were made to increase the size of the derrick and lessen the size of the shrine. After adjustments are made, the designs will be brought back to council for additional review. ITEM H: NEW BUSINESS KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 17 H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swamer MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swamer MOVED to approve the purchase orders exceeding $2,500 and to amend the list by deleting the purchase order to Sixel Consulting Group in the amount of $19,517.00. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Office Report Writing Stations. Introduced by consent agenda. H-4. Discussion .... Local Improvement District -- Toyon Way/Report to Council. Snow referred to a memorandum included in the packet which discussed the proposed paving project, costs, etc. and requested direction as to whether to bring forward a a resolution to set a public hearing date as required by code. Komelis reported he received a call from Mr. Lofstedt (who had originally not signed the petition submitted for the improvement) who stated he would not oppose the improvement district. Discussion followed and it was noted assessment payments always go to the General Fund and not to the capital project. However, council could transfer it back to the capital fund. Concern was stated the fund could be depleted through the paving projects and at some point, council will have to address the policy on street improvements and the property owner match. It was suggested the property owner match be discussed during the policy work sessions to be held. Komelis noted, he included funds expected in FY04 and assumed council will want to continue feeding this fund with the Municipal Matching Grant funding which can be used for anything. He added, the application for these funds had been received, however it is not known if the state will fund the grants. KEN~ CITY COUNCIL MEETING MINUTES SEI~EMBER 4, 2002 PAGE 18 Whether to curtail the use of the fund monies for paving projects and leave a balance for emergency repairs, etc. or use the fund for paving until the fund is depleted was also discussed. It was noted, the amount of funding for 2004 won't be known until after May, 2003. Council directed administration to prepare the resolution and bring it forward for consideration at the September 18 meeting. l)is~a~ioa -- Schedule Board of Adjustment Hearing/Planning & Zoning Commission Denial of PZ02o43 o- An 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. Nancy Henricksen, Applicant and Appellant. Set at Item D-6 for September 18, 2002 at 7:00 p.m. o H-6. Discussion-- Livestock Ordinance Review. Referring to the information included in the packet, Porter recommended council continue with the/irdinance as it now stands and as supported by the Kenai Police Department and Animal Control. Council voiced no objections. Discussion -- Policy Discussions Scheduling Council set the following dates for work sessions to discuss policy and requested administration to prepare an agenda of items: · Monday, October 14, 7:00 p.m., Council Chambers · Monday, October 21, 7:00 p.m., Council Chambers * Monday, November 4, 7:00 p.m., Council Chambers (if necessary) · Monday, November 18, 7:00 p.m., Council Chambers (if necessary) Snow will forward a draft list of discussion items to council. ITEM I: REPORT OF THE MAYOR -- Williams noted the following: · Williams suggested council members notify their constituents the State has announced they would not plow sidewalks along the state highway thrOugh the city. · Referred to the Lawton Drive property to be included in the borough land sale (Bannock discussed earlier), and noted he suggested to the borough there should be some method of reimbursement to the property developer or city due to the utilities already having been placed to serve those properties. Bookey agreed and suggested when the city improves properties, it needs to be aware of neighboring properties and the benefits to them for city improvements and get them to participate in the costs. ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 19 Williams suggested the city contact the borough and ask, since they will benefit from the improvements, if they would work with the developer to place the sewer line a_long Lawton instead of cutting in the new pavement. Komehs stated he would investigate possible crossings. He reminded council there would be a possibility of requesting ownership of the property on which the city is drilling the exploratory well to be transferred to the city. Williams stated it was important to insure the sewer line be placed on the other side of the road prior to the developer of the golf course properties having the road paved. ITEM J: ADMIKISTRATION REPORTS J-1.. City Manager-- City Manager Snow noted the'following: · Clint Hall had informed her of scheduling problems with the utility companies on the development of properties in Inlet Woods and requested a 30-day extension to his deadline of August 30. She approved the 30-day extension but informed him any other extensions would need approval of council. Snow added, she was informed this date HEA received the design plans and would be starting their work in the morning. Hall hopes to have the work completed by the end of the month. · Refe~ed to the grant application report which was included in the packet. · Referred to her memorandum included in the packet noting a request from the Alaska SeaLife Center for two FYBROC pumps, Model 1500, size 3x4-8 and one 50 h.p. motor with controls. Council had no objections to the donation. Swarner referred to an article in the Nation's City Weekly which requested information of September 11 events taking place in communities across the country. She requested Snow send events the city would be participating in be forwarded to the newsletter. J-2. Attorney -- City Attorney Graves noted he would be taking annual leave September 25 and 26. Porter stated concerns the pond along Marathon Road was being used as a swimming hole and asked whether the city could be held liable if an accident takes place there. Graves stated the holder of the lease of that property which includes the pond, would be liable. He added, the city would not have the right of possession to do anything on the property without permission of the lessee. Graves suggested a letter be sent to the lessee saying the city is aware of the activity and they should take any precautions they feel necessary to prevent injury. City Clerk -- No report. ITEM K: DISCUSSION KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 20 K-Xo Citizens-- None. K-2o Council Bookey -- No comments. Swarner-- Suggested Williams and administration prepare a guest column for the ~larion to outline effects of the tax initiative proposition. Council supported the suggestion and Wi~ams, Snow and Semmens will prepare the letter. Porter-- Commented on the following: Asked if Komelis had contacted the state about the ring planters and Komelis reported the project was finalized and there were no additional funds. He was also informed the state purchased the planters in Anchorage for a cost of $900 plus shipping. · Asked Cronkhite the progress on the grant for video surveillance cameras for the airport. Cronkhite reported Snow had signed the grant applications and she hoped to have the grant offer in the next week and to council at their September 18 meeting. Bannock-- No comments. Jacl~man -- No comments. EXECUTIVE SESSION- None Scheduled ITEM L: ADJO~ENT The meeting adjourned at approximately 11'25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk 13 September 2002 Kenai City Council Kenai, Alaska 99611 Ladies and Gentlemen: REcEIVE~ I am writing this letter to voice my concern and consternation with a tax the City of Kenai maintains on aircraft. I am a very recent purchaser of an airplane and I had hoped to keep it at the Kenai Airport. It is temporarily there right now. However, I have been emphatically warned by several (more than 3) airplane owners who said, "get your plane OUT of Kenai!" They informed me that the City of Kenai maintains a tax on airplanes. I was also told of several people who live in Nikiski but keep their planes in Soldotna. Things were starting to make sense.. I had wondered why there were close to a hundred small planes tied-down in Soldotna and almost none in Kenai. When I spoke with the folks at the Borough and found-out how much the tax was ( over $200 for me ), it became crystal clear why there were so few planes in Kenai. The tax on my relatively simple, single engine Cessna 172 was going to be about the cost of a full years tie-down fees in Soldotna. That is surely going to chase me out of Kenai. Now comes the silly part. You currently have a committee trying to figure out how to increase usage of the Kenai Airport and attract businesses to the airport. You want the airport to become more of an asset to the community? The answer is so simple that even a "blond" like me can figure it out! Change your onerous tax on planes! The Kenai Airport is a great facility. The runways rarely have strong crosswinds, the runways are wide, well maintained, and plowed frequently in the winter. In addition, folks at the tower make it a very safe airport to fly into or out-of. But yet, very few owners want to park their plane in Kenai. There has to be a message for you here. Perhaps you work under the misconception that "all airplane owners are rich" and can afford any tax you wish to impose. My salary is $55,000 per year and I know there are members of your council that make more than that! ...and they probably don't consider themselves "rich". Airplane owners are however bright enough to go where they can avoid an abusive tax on their hobby. Another misconception is that this is only a tax without any consequences. Well, I won't be buying fuel in Kenai for my airplane. I probably won't get work done on my plane in Kenai since my plane will be elsewhere. I will make far fewer trips to Kenai now so I'll make fewer stops with my car at gas stations in Kenai. It's more likely that I'll buy more things like food and other merchandise at businesses in the Soldotna area since I'll be there more often. Oh, and by the way, I won't be paying a tie- down fee to the Kenai Airport either. So, hopefully you can see that your business community is also suffering because of your taxation. Your insistence in maintaining this tax at its current level is quite simply chasing me away. However; please know that I would rather have my plane in Kenai. So, what will it take to get me back? And what will it take to get others back who haVe already fled because of this tax? The very first thing is to scrap the tax you are currently imposing. A lower, flat tax of $25-$50/year might not frighten me away. Some airports charge a nominal fee for single engine planes and a slightly higher fee for multiple engine planes that are housed there. Even higher tie-down fees might not frighten me away because of the benefits of being in Kenai. Until you change that taxation, your attempts to attract airplanes to your facility and then the businesses that follow them will be absolutely futile. It doesn't take a "rocket scientist" or any expensive study of economic impact to see that you have already chased away most of the airplane owners. Along with them went the businesses that provide fuel, maintenance, charter services, hanger spaces, etc. How much more will it take before you wake-up and see the consequences of your taxation? David C. Wartinbee PhD, JD P.O. Box 157 Soldotna, Alaska 99669 907 260-193 5 Aircraft tail-number N65698 CC. Mayor John Williams Kenai Airport Manager Kenai City Manager Z z E 0 0 D UJ LU 0 n~ H- Z UJ Z~ o o o o o - o o o o 0 Z o o 0 o o 0 ""r- Z -/ 0 n, z E ~ 0 ~ ~ 0 ~ n,' LLI ir' Z o o uJ ~ _rr 0 LU ~ LLI o · Z r~ u.I n 0 Z n n,' 0 < 0 -r' ~ u.I n ~ rn < m N Z LU LIJ n,' W Z Suggested by: Adminis~ 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 (31 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 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 comices, canopies, eaves, and other architectural features not providing additional floor space may extend into a required front _yard except with'_m 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, 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 (8/20/02 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, THEREFOr, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF ~NAI, 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 l__me; [4](5_1 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. A~EST: ~ Suggested by: Administration 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 $328,125 $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 Project Fund Increase Estimated Revenues: FAA Grant State Grant Transfer from Airport Fund Increase Appropriations: Equipment Airport Security Improvements Capitol Project Fund Increase Estimated Revenues: FAA Grant State Grant Transfer from Airport Fund $ 215,625 7,187 7,188 $ 230,000 $ 230,000 $ 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 Project 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 ;:, 144 N. BINKLEYSOLDOTNA, ALASKA 99669-7599 "~'"--..--,,,~" ~" BUSINESS (907) 262-4441 FAX (907)262-1892 August 27, 2002 Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7750 Dear City Council Members- RECEIVEL i i111 CITY OF' KENA:, ' PLANNING C E PART ~,4,'~..'g ~ RE: DALE BAGLEY MAYOR Vacate the westerly 3-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 In accordance with AS 29.40.140, no vacation of a city fight-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced vacation during their regularly scheduled August 26, 2002 meeting. This petition is being sent to you for your consideration and action. The City Council has 30 days from August 26, 2002 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. MJB'ha Sincerely, Max J. Best Planning Director Attachments CC' David Yragui w/minutes only Scott McLane w/minutes only ,~'GEI'qDA ITEM F. :UBLIC HEARINGS Vacate the westerlv 3-foot portion of the 33-foot access easement along the east boundary of Government Lots 51 an(] 61, aalacent to the 30-foot portion to be dedicate(] as Candlelight Drive. a~ within Section 34. Township 6 North. Eange 11 West, Seward Meridian, Alaska. tine City of Kenai and the Kenai Peninsula Borougn' KPB File No. 2002-166 Staff report as read by Max Best. PC Meeting 8t26/2002 Purpose as stated in petition' Fabrication building encroaches within 3 feet of right-of-way proposed for vacation. Petitioner: David Yragui of Kenai, Alaska Public notice appeared in the August 15 and August 22, 2002 issues of the Peninsula Clarion. Sixteen (16t certified mailings were sent to owners of property within 300 feet of the parcels' four (4) of the receipts have Peen returned this report was prepared. Seventeen (17) regular and inter-office mailings were sent to agencies, interested parties, an(] KPB departments. Three (3) notices were posted in public locations. The notice and maps were posted on the Borough wed site. ,£tatementfs) of non-obiec[ion KPB Coastal Zone Management Staff discussion This right-of-way was reserved in the patent as an access easement. Building setback restrictions are applied by the Borough (by plat note) and the cities (by zoning) to the right-of-way line. This is based upon The dedicated right-of-way, i:)ecause the property line extends to include the easement until it is dedicated. The suDdivision plat associated with this vacation will dedicate Candlelight Drive as a 30-foot dedication in compliance with the KPB minimum street width requirements. This will allow a future match of the adjacent easement to provide the full 60- foot width. This also complies with the City minimum street width requirement to staff's knowledge. No information has been provided regarding the date of construction of the building. The Kenai Planning and Zoning Commission reviewed the subdivision plat and recommended approval. The KPB Plat Committee granted preliminary plat approval on August 12, 2002. If the vacation is approved by the KPB Planning Commission, the Kenai City Council will have thirty days to veto that approval. Findings' I , 2. 3. 4. 5. 6. . Sufficient rights-of-way exist to serve the surrounding properties. No surrounding properties will be denied access. Per the submittal, the right-of-way proposed for vacation is not in use for access. Per the submittal, the right-of-way proposed for vacation has not been constructed. The rights-of-way do not appear to be in use for utilities. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. No letters of objection have been received. STAFF RECOMMENDATION. Based on the above findings, staff recommends approval of the vacation as petitioned, subject to' . Submittal of a final plat in compliance with KPB Chapter 20 within one year of vacation approval. if the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2002 MEETING PAGE 17 DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Vice Chairman Bryson read the rules by which public hearings are conducted and opened the meeting for public comment. Scott McLane, 38240 Kenai Spur Highway Mr. McLane said he was representing Mr. Yragui. A previous owner constructed numerous buildings on Lot 1. The lots are being configured to alleviate encroachments. The Department of Transportation (DOT) has already granted a right-of-way vacation along the Kenai Spur Highway, which eliminated one encroachment. The subject petition to vacate three feet along Candlelight Drive will eliminate another encroachment. Candlelight Drive is a paved street. Mr. McLane believed City water and sewer were already installed along Candlelight Drive. Commissioner Johnson recalled that previous vacation petitions to resolve encroachments requested vacation of the building footprint only. He asked why the subject petition requested vacation of three feet along the entire length of the lots. Mr. McLane replied the intent was to have continuity for survey purposes so the lines would not be jagged. Seeing and hearing no one else wishing to comment, Vice Chairman Bryson closed the public hearing and opened discussion among the Commission. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Boscacci, to approve the vacation. Vice Chairman Bryson recalled that an oil storage facility was on the property in the past. At some time in the past a concrete containment dike and a building were constructed on the property. The surveyor noted the fuel storage facility had been moved. Findings: . 2. 3. 4. 5. 6. . Sufficient rights-of-way exist to serve the surrounding properties. No surrounding properties will be denied access. Per the submittal, the right-of-way proposed for vacation is not in use for access. Per the submittal, the right-of-way proposed for vacation has not been constructed. The rights-of-way do not appear to be in use for utilities. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. No letters of objection have been received. VOTE: The motion passed by a majority vote. BRYSON BOSCACCI CLARK GROSS HOHL HUTCHINSON ISHAM NO YES YES YES YES YES YES JOHNSON MARTIN PETERSEN SMITH TAURIAINEN TROEGER 11 YES YES ABSENT YES YES YES YES 1 NO 1 ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2002 MEETING PAGE 18 UNA?PR OVED t--;_ o o o J ---_q ILl m LLJ j d o~ d d d '&S NOSQIA'dQ i 'iS --I--IONI-I~H$ , i 'm aoo,~Nla ,, i 'N-I CIO0 ^^''''''' i 'N-I QOONtNI"I '.LS N'ClNIHO %,. 'IS )'lVlNIH3 i '~O I~IR-I-IOO PENINSI~A CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a 3-foot portion of a 33- foot public access easement associated with Government Lots 51 and 61 within the City of Kenai. Area under consideration is described as follows: A. Location and request: Vacate the westedy 3-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 Ddve, all within Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2002- 166 Bo Purpose as stated in petition' Fabrication building encroaches within 3-feet of right-of-way proposed for vacation. C. Petitioner(s): David Yragui of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, August 26, 2002 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Kenai Peninsula Borough Assembly Chambers, 144 North Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement, to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Wdtten testimony should be received by the Planning Department no later than Wednesday, August 21, 2002 [written comments may also be sent by Fax to 907-262-8618] If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 262- 4441 (1-800-478-4441 toll frae within Kenai Peninsula Borough). Mary Toll Platting Officer PUBLISH 2X (Thursdays, August 15 and 22, 2(X)2) CITY OF KENAI PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 22, 2002- 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1. CALL TO ORDER Chairman Goecke Called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Osborne,. Goecke Members Absent: Tunseth, Nord, Erwin Others Present: Councilman Bannock, City Planner Kebschull, Plannin§ Assistant Carver, Department Assistant Harris, Jim Bielefeld {Kenai Aviation) X-bo Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda with the additional handouts and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1 -C. Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UN~~OUS CONSENT. Commissioner Osborne SECONDED the motion. no objections. SO ORDERED. There were ITEM 2- APPROVAL OF MINUTES -- May 8, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS PZ02-23 - Preliminary Plat- Yragui Subdivision - A resubdivision of Government Lots 51, 42, and 61. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. MOTION: Commissioner Osborne MOVED to approve PZ02-23 and Commissioner Glick SECONDED the motion. City Planner Kebschull informed the Commission of the administration recommendation to re-zone as the use of the plot will be affected due to the creation of a sprit-zone {commercial and residential) lot. Commissioner Bryson pointed out a vacation with the Borough has yet to be filed, and any action the Commission takes would be conditional to a vacation. VOTE: '~3ryson Yes Glick Yes Osborne Yes Tunseth Absent Goecke Yes Erwin Absent Nord Absent MOTION PASSED UNANIMOUSLY. 4-bo PZ02-24 -- Preliminary Plat- Bridge Road Subdivision- Lockwood Addition, A resubdivision of Bridge Road Subdivision Lot 7 & 8, Block 1. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. MOTION: Commissioner Osborne MOVED to approve PZ02-24 with staff recommendations. Commissioner Glick SECONDED the motion. City Planner Kebschull reported this easement would land lock University-owned property in the eastern portion of the area and recommended against the 33-foot section line easement. Additionally, this area would be looked into further in the future as a vacation proceeding heard by the Council. VOTE: Tunseth Nord Absent Absent Erwin Absent Bryson Yes Osborne Yes Goecke Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS-- None ITEM 6: OLD BUSINESS-- None PLANNING AND ZONING COMMISSION MEETING MAY 22, 2002 PAGE 2 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: THRU: FROM: DATE: Linda Snow, City Manager Jack La Shot, Public Works Manager ~'h.-,~ Nancy Carver, Planning Assistant September 13, 2002 SUBJECT: Vacate the westerly 3-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 The Planning and Zoning Commission passed a motion recommending the City Council exercise their veto option to the above referenced vacation petition. The following commentary rendering this conclusion is as follows: · The general situation revolving large strips of land being vacated without addressing specific situations has the potential for great ramifications. Currently, the proposed vacation would be carried along each lot within the subdivision along the Candlelight frontage. This could set a precedence by others requesting the same consideration, also without supporting justification. Such requests could result in a large loss of land. · At some unknown date, a structure was built in the Candlelight easement. Effectively, this is trespassing. · While a three-foot strip may not seem to be a large issue, a rough estimate for the City of Kenai, between the Borough minimum roadway right-of-way width and the access easements created by the government lots, could represent hundreds of acres. · All section line situations within the City of Kenai are typically dedicated to a 100 foot easement width; 50 feet on each side. This would leave 20 feet of full breadth of the property that could be, if conformed to minimum Kenai Peninsula Borough standards, turned over without an evaluation. If I can provide further information or assistance in this process, let me know. N d d d d CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 ., FAX 907-283-3014 MEMORANDUM 1992 TO: FROM' DATE: RE: MAYOR AND COUNCIL MEMBERS Carol L. Freas, City~~~ff September 16, 2002 U SCHEDULING OF COUNCIL~AIRPORT C01FIIH$$ION/E~ WORK SESSION This afternoon I received a telephone call from Paul Landis, Senior Vice President of ERA Aviation, Inc. He indicated his interest in scheduling the joint work session with ERA, Council and the Airport Commission and gave the following dates when he definitely will not be available due to previous commitments' October 8-11, 2002 November 5-8, 2002 Mr. Landis also noted, he considered this work session as "high priority" and will endeavor to make his calendar work with the date you choose. Clf NOTE' While speaking with Mr. Landis, he accepted my offer to mail him Airport Commission meeting packets. September 2002 MEETIN CALENDAR i2 3 i4 i5 6 :7 , HOLIDAYICity . Library Commis-iCOUNClL MEET- t Parks & Recre- Offices Closed i sion, 6p, ~ lNG, 7p, Coun. I ation Commis- i ,~ Library cii Chambers sion, 7p, Coun- i ~ ;] cilChambers ' i 8 9 ilO ill 12 13 14 sion, 7p, Coun-~ Committee, 7~, 7oning Comm. t sion, ?p, Coun- cil Chambers i Council I ission, 7p, ! cii Chambers i Chambers ' Council . ~ i Chambem, ' 15 16 i 17118 I19 i20 21 i ~ COUNCIL MEET-I ' ' i lNG, 7p, Coun- '~ _. cil Chambers t ~2 23 124 25 26 i27 i28 ' Planning & Zoning Comm- ission, 7p, Council Chambers I , .:... '. _:,,;~-,:.'.,c" " Auuu~t ' ' ~ · ..:,~*r'.=.'..' S ..... ~ _ .. .. ',.:-_'-,_:'.~L~ _ __ '"'""'""":' I-~ .:.~,.~-.4;.:,~ M l' 'l' l~' 5 ,.~...,~~ S M T W T F S :*ii '~~-Z.-:~-' 4 5 6 7 8 9 10 i :~'~~ 6 7 ''~:::;~~1 11 12 13 14 15 16 17 j?.;~ 13 14 15 16 17 18 19 I~~ ... ' 25 26 27 28 29 30 31 ' -~-:~.; .... " 27 28 29 30 31 ". ,, ' ' "'~-'fi'~ : m--:-'.-.,.... - . .,.... ~:: ...... ._:_. .... ;.:.::,E,'-'%,'~ ~;'.' .~. _ ....... ,~,~,.~ ....... .'?--- - .-~. ...... . ......... ,. _-- ....... . ." -.. ~;...L-'~;' -'"~-'-*~.'"' ...... "- ...... ~ - :. --: ..--- -- ;-_=.-.~:..'..-='-%-5.;'-' ~-:-'-'-:"-:.~'~ ..._~.~:... . ....... . .; .:. :.:.~:.,.,~..~,.~:;-..-?.,,~~.~~.;~ ....... .......... ' ""-~- ", ' ~"' ' "* ,i;':":' :"*". -, ' Printe(I by Calenclar Creator Plus on 11/30/2001 October 2002 MEET]:NG CALENDAR September I 2 3 4 5 6 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 I 22 23 24 25 26 27 28 I 29 30 I '.**: ;:_~~~**.~.';-~.-...~.~**'..~r-'~.~,~,~- ~.. .... -. ~..,r=.' ' ~ * ,; . ~.~.-.:..-~.*", .. ~.~;~ ;,*. · 13 20 1 CITY/BORO ELECTION Libmry_C/mfi~m~pl Li~~ 2 COUNCIL MEET- cNG, 7p, Coun- il Chambers Harbor Commis- sion, 7p, Coun- cil Chambers 8 Beautification Committee, 7p, 9 Planning & Zoning Comm- 3 Parks & Recre- ation Commis- sion, 7p, Coun- cil Chambers 10 Airport Commis- sion, 7p, Coun- I1 12 Council Chambers 15 ission, 7p, Council Chambers 16 COUNCIL MEET. lNG, 7p, Coun- cil Chambers cji Chambers 17 Zoning Comm- Ission, 7p, Council Chambers 24 18 HOLIDAY/City Offices Closed 19 ' 25 26 27 28 29 30 31 Printegl by Calenclar Creator Plus on 11/30/2001 Novem ~er S MT WT F S I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . November 2:002 MEET'J:NG CALENDAR :. ' '~ October .... '?" · December ~~J 13 14 15 16 17 18 19!' " "d~ 15 16 17 18 19 20 21 I ~'~~~~~~ 20 21 22 23 24 25 26 ! -~"~";~-~'=l. 22 23 24 25 26 27 28 3 4 ,~~-1 5 6 7 ,, )~~4 STAT~ COUNCIL MEET= Parks & Re~re- n ~. ~. ~ ' FEDE~L EL- lNG, 7p, Coun- ation Commis- ~ ~ ~' ECTION DAY cji Chambe~ sion, 7p, Coun- cil Chambe~ 10 17 11 HOLIDAY/City Offices Closed Harbor Commis- sion/Postpone or Cancel Library Commis- sion, 6p, Library 12 Beautification 13 Planning & Committee, 7p, Council Chambers 19 26 Zoning Comm- ission, 7p, Council Chambers 25 24 20 COUNCIL MEET- lNG, 7p, Coun- cil Chambers 27 Planning & Zoning Comm- ission, 7p, Council Chambers 14 Airport Commis- sion, 7p, Coun- cil Chambers 21 15 22 28 HOLIDAY/City Offices Closed 29 HOLIDAY/City Offices Closed 16 23 30 Printed 13y Calen(:lar Creator Plus on 11/30/2001 Suggested by: AdminisWaaon CITY OF KENAI ORDINANCE NO. _____-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AlJkSKA, AMENDING KMC 7.10.050, WHICH INCORPO~~S 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. WHEREAS, KMC 7.10.050 incorporates by reference the Borough sales tax code: and WHEREAS, the Kenai Peninsula Borough enacted KPB 5.18.200(a)(16) which provides an exemption for the collection of sales tax semor, disabled veteran, and disabled resident rental housing from the Borough sales tax code; and WHEREAS, as a home rule municipality, the City of Kenai has the right to enact its own sales tax exemptions; and WHEREAS, the Council of the City of Kenai finds it is in the best interest of the city to not adopt the exemption for senior, disabled veteran, and disabled resident rental house from the city sales tax code. . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE crI~ OF KENAI, ALASKA that KMC 7.10.050 is amended as follows' 7.10.050 Borough sales tax adopted by reference. (a) Except as provided in (b) and (c) below, incorporated by reference in this Code as though each code provision was set forth verbatim hereto are statutes, consisting of ordinances and/or code provisions of the Kenai Peninsula Borough or such portions thereof, which provide for the sales taxes, including but not limited to their levy, collection, and administration. (b) There shall be no sales tax exemption on nonprepared food. The above sentence does not affect the sales tax exemption granted under AS 29.45.700(d) exempting food purchased under the Food Stamp Act or Special Supplemental Food Program for Women, Infants and Children. (c) The exemption provided in KPB 5.18.200(a){16) for senior, disabled veteran, and disabled resident housing is not incorporated by reference into the city sales tax code. Ordinance No. -2002 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2002. day of ATI'EST: Carol L. Freas, City Clerk Introduced: Adopted' Effective: CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-.75,~ FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: DATE: SUB J: City Council Lawrence A. Semmens, Finance Director Linda Snow, City Manager September 11, 2002 Sales Tax Exemption on Senior Rents The Borough amended their sales tax code to exempt senior citizen, disabled veteran and disabled residents fi'om sales tax. This exemption would apply to the City unless we amend our code to tax these sales. According to the Borough there is no way to accurately estimate the impact of this exemption because records of rems paid by seniors and disabled people are not available. They did estimate that the lost revenue would be $4,300 for the City. We know that Vintage Pointe generates approximately $6,500 in sales tax for the City of Kenai. Not all of the Vimage Pointe residems will qualify for this exemption, but most will. Although I am not able to accurately estimate the rest of the sales tax lost as a result of this exemption, it is likely that the total loss will be less than $10,000 annually. If we amend our code such that these rems continue to be taxable, it will put an administrative burden either on the Borough or the City to collect the tax. For the City to collect the tax on V'mtage Pointe would not be difficult, but the rents paid to private landlords would be more difficult and costly for us to deal with. Introduced by: Mayor Date: 08/06/02 Hearing: 09/03/02 Action: Enacted as Amended Vote: 9 Yes, 0 No KENAI PENINSULA BOROUGH ORDINANCE 2002-34 AN ORDINANCE AMENDING KPB 5.18.200 BY CREATING A SALES TAX EXEMPTION FOR RENTS ON SENIOR, DISABLED VETERAN, AND DISABLED RESIDENT HOUSING WHEREAS, KPB 5.18 provides authority for sales tax collection and remittance of sales tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough; and WHEREAS, the assembly is authorized to exempt one or more classes of buyers from the payment of sales tax; and WHEREAS, the City of Soldoma has expressed interest in exempting seniors 65 or more years of age from the payment of sales tax on housing rents and to exempt a class of buyers at the city level creates an administrative and reporting burden on borough landlords and borough administration; and WHEREAS, KPB 51i2.105 exempts from real property taxes a single parcel of real property owned and occupied as the primary residence and permanent place of abode by a resident 65 years of age or older, by a disabled veteran, and by a surviving widow or widower of a qualified senior or disabled veteran; and WHEREAS, KPB 5.12.100 exempts up to $500 in property taxes for one parcel of real property owned and occupied as a permanent place of abode by a person determined to be totally disabled; and WHEREAS, providing such an exemption would extend some relief to senior and disabled renters who do not receive the benefit of the property tax exemptions set by AS 29.45.030, AS 29.45.050, and the borough code; and WHEREAS, the assembly finds it is in the best interest of the borough to exempt senior, disabled veterans, and disabled residents rents from the sales tax requirements; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: · SECTION 1. That KPB 5.18.200(A)(16) is hereby enacted to read as follows' 16. Senior, disabled resident, and disabled veteran housing rem. Rental payments for a dwelling unit for a permanent place of abode by a resident who is at least 65 years of age, or who is a disabled veteran or a disabled resident. Disabled veteran has the meaning provided inKPB 5.12.105 (F)(3), and the term disabled residem has the meaning provided in KPB 5.12.110, as those provisions are now enacted Kenai Peninsula Borough, Alaska New Text Underlined[ [DELETED TEXT BRACKETED] Ordinance 2002-34 Page 1 of 2 or may be hereinafter amended. Dwelling trait means a house, apartmem, or room in a residential facility_ such as congregate housing or assisted living. Permanent means the tenant has lived within the Kenai Peninsula borough for a minimum of six (6) months and is a resident ofthe State of Alaska. The l_~hd!ord must accept an affidavit on a form provided by the borough or otherwise acceptable to the borough administration from the tenant as proof of age and eligibility forths exemption. If any person under 65 years of age, other than _a spouse, resides in the dwelling unit with a qual'ffying senior, the exemption mag not be. granted unless the senior is the principal source of support for such persori less than 65 years of age, or unless the person qualifies as a disabled veteran or _a disabled resident. This exemption shall also apply to a resident at least 60 years old who is the widow or widower of a person who qual/fied for this exemption ~s a senior citizen or a disabled veteran. SECTION 2. The borough mayor is authorized to establish policies and procedures necessary to implement this exemption. SECTION 3. That this ordinance becomes effective October 1, 2002. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 3RD DAY OF SEPTEMBER, 2002. ATTEST: Timothy Navarre, Assembly President Ordinance 2002-34 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Introduced by: Mayo~ Date: 08/06/0~ Hearing: 09/03/0J Action: Enacted as Amended Vote: 9 Yes, 0 No KENAI PENINSULA BOROUGH ORDIN~CE 2002-34 AN ORDINANCE AMENDING KPB 5.18.200 BY CREATING A SALES TAX EXEMPTION FOR RENTS ON SENIOR, DISABLED VETERAN, AND DISABLED RESIDENT HOUSING WHEREAS, KPB 5.18 provides authority for sales tax collection and remittance of sales tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough; and WHEREAS, the assembly is authorized to exempt one or more classes of buyers from the payment of sales tax; and the City of Soldotna has expressed interest in exempting seniors 65 or more years of age from the payment of sales tax on housing rents and to exempt a class ofbuyers at the city level creates an administrative and reporting burden on borough landlords and borough administration; and WHEREAS, KPB 5.12.105 exempts from real property taxes a single parcel of real property owned and occupied as the primary residence and permanent place of abode by a resident 65 years of age or older, by a disabled veteran, and by a surviving widow or widower ora qualified senior or disabled veteran; and WHEREAS, KPB 5.12.100 exempts up to $500 in property taxes for one parcel of real property owned and occupied as a permanent place of abode by a person determined to be totally disabled; and WHEREAS, providing such an exemption would extend some reliefto senior and disabled renters who do not receive the benefit of the property tax exemptions set by AS 29.45.030, AS 29.45.050, and the borough code; and WHEREAS, the assembly finds it is in the best interest of the borough to exempt senior, disabled veterans, and disabled residents rents from the sales tax requirements; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.200(A)(16) is hereby enacted to read as follows' 16. Senior, disabled resident, _and disabled veteran housing rent. Rental payments for a dwelling u_nit for a permanent place of abode by a resident who is at least 65 years of age, or who is a disabled veteran or a disabled resident. Disabled veteran has the me~ing Provided in KPB 5.12.105 ~)(3), and the term disabled resident h~s the me~ing provided in KPB 5.12.110, as those provisions are now enacted Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002-34 Page I of 2 or may be hereinafter amended. Dwelling unit means a house, apartmem, or room in a residential facili _ty such as congregate housing or assisted living. Permanent means the tenant has lived within the Kenai Peninsula borough for a minimum of six (6) months and is a resident ofthe State of Alaska. The landlord must accept an affidavit on a form provided by the borough or otherwise acceptable to the borough administration from the tenant as proof of age and eligibility for this exemption. If any person under 65 years of age, other than a spouse, resides in the dwelling unit with a qualifying senior, the exemption may not be granted unless the senior is the principal source of support for such person less than 65 years of age, or unless the person qualifies as a disabled veteran or a disabled resident. This exemption shall also apply to a resident at least 60 years old who is the widow or widower ora person who qualified for this exemption _~q a senior citizen or a disabled veteran. SECTION 2. The borough mayor is authorized to establish policies and procedures necessary to implement this exemption. SECTION 3. That this ordinance becomes effective October 1, 2002. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 3RD DAY OF SEPTEMBER, 2002. ATTEST: Timothy Navarre, Assembly Presidem Ordinance 2002-34 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Introduced by: Date: Hearing: Action: Vote: Sales Tax Review Committee 10/08/02 11/26/02 KENAI PENINSULA BOROUGH ORDINANCE 2002- AN ORDINANCE AMENDING NUMEROUS PROVISIONS OF KPB CHAPTER 5.18, SALES TAX WHEREAS, KPB 5.18 provides authority for sales tax collection and remittance in the Kenai Peninsula Borough; and WHEREAS, on December 12,2001, a sales tax review committee was formed to research, review and recommend a simpler, more equitable, more progressive sales tax system; and WHEREAS, after several public meetings, on August 20, 2002, the sales tax review committee voted to recommend numerous code changes to the assembly; and WHEREAS, the assembly finds it is in the best interest of the borough to amend the sales tax code as follows: ._ NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.140 is amended as follows: 5.18.140. General--Administration enforcement ruling--Appeal of determination. authority--Request for A. The mayor shall have the authority to enforce proper registration, reporting and tax collection requirements imposed in this chapter, including the authority to implement and interpret this chapter, in a manner consistent with the provisions of this chapter and determine the appropriate application of fees as provided in KPB 5.18.670. B. Any taxpayer under this chapter, or any seller obliged to collect the tax under this chapter, or any borough official may apply to the mayor for a determination on the application of this chapter to an actual fact situation. C. Any taxpayer or seller may appeal any written determination made by the mayor or borough administration pursuant to this section or section 250 of this chapter by appealing to the superior court in the Kenai venue district under the roles Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 1 of 11 of appellate procedure governing appeals from administrative agency decisions, within 30 days of the date of the determination; otherwise, a challenge or protest of a determination of the mayor or borough administration made under this section or section 250 of this chapter is barred. SECTION 2. That KPB 5.18.200(A)(2) is amended as follows: e [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, OCCUPATIONAL THERAPISTS, STATE=LICENSED PSYCHOLOGISTS, PSYCHOLOGICAL ASSOCIATES, STATE-LICENSED MARITAL AND FAMILY THERAPISTS, AND LICENSED CLINICAL SOCIAL WORKERS, AND RETAIL SALES OF MEDICINAL PREPARATIONS, DRUGS OR APPLIANCES FOR WHICH A WRITI'EN PRESCRIPTION IS ISSUED FROM ONE OF THE FOREGOING;] Human health care services provided by, and prescription drugs, devices, and supplies prescribed for human use by, a person licensed or certified to provide those services or goods, as applicable, under Alaska Statutes Title 08. SECTION 3. That KPB 5.18.200(A)(17) is added as follows' 17. Childcare and adult da¥care services. SECTION 4. That KPB 5.18.200(A)(18) is added as follows' 18. Services provided and material consumed in the fulfillment of _a manufacturer's warranty, non-manufacturer's warranty, or service agreement. The initial purchase of a manufacturer's warranty, non- manufacturer's warranty, or service a~eement is subject to tax at the time of purchase but may be included in the initial sales transaction for application of KPB 5.18.430. Any portion of a repair paid bythe customer through a deductible or other means is not exempt under this section. SECTION 5. That KPB 5.18.200(C) is amended as follows' C, chapter: The following classes of sellers are exempt from the provisions of this lo An organization that has obtained a 501(c) exemption ruling from the Internal Revenue Service, as long as proof of such ruling is provided to the borough administration; but only under the following conditions' ao The sales are [NOT LIQUOR SALES OR SALES OF FOOD SOLD THROUGH REGULARLY CONDUCTED RESTAUI~NT TYPE OPERATIONS;] part of a Ordinance 2002- Page 2 of I 1 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska casual and isolated fundraising activity, pre-registered and approved by the borough administration. Criteria used for approval may include, but not be limited to administrative practicality of collection, remittance, and enforcement, and the level at which the activity competes with a non-exempt entity. be The organization is exempt under a subsection other than 501 (c)(12) of the Internal Revenue Code. , Groups sponsored by public or nonprofit schools. SECTION 6. That KPB 5.18.210 is amended as follows: 5.18.210. Exemptions/waivers--Exemption for sales for resale. The following sales of tangible personal property, intermediate services, and rentals are exempt under this chapter: A. Sales to a wholesale or retail dealer in the property sold, for the purpose of resale by the dealer; B. Sales of personal property as raw material to a person engaged in manufacturing for sale, where the property sold is consumed in the manufacturing process of, or becomes an ingredient or component part of a product manufactured for sale by the manufacturer; C. Sale of personal property as raw material to a licensed building contractor where the property sold becomes a component part of the product sold by that building contractor. D. Sales of intermediate services to a business the charge for which will be passed directly by that business to a specific buyer are exempt under this chapter; except that utilities shall in no case fall within this exemption. E. Where personal property is rented from a dealer in a taxable transaction and the renter is then directly reimbursed by a third party for the exact rental expense, without markup, then that reimbursement is not a rental or lease subiect to the borough sales tax. F. Services rendered by an employee to his/her employer are not subject to borough sales tax. SECTION 7. That KPB 5.18.220 is repealed as follows' K'e'nai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 3 of 11 [5.18.220. EXEMPTIONS/WAIVERS--EXEMPTION FOR INTERMEDIATE SERVICES AND RENTALS,] [A. SALES OF INTERMEDIATE SERVICES TO A BUSINESS THE CHARGE FOR WHICH WILL BE PASSED DIRECTLY BY THAT BUSINESS TO A SPECIFIC BUYER ARE EXEMPT UNDER THIS CHAPTER; EXCEPT THAT PROVISION OF MEALS, TEMPORARY LODGING AND/OR UTILITIES SHALL IN NO CASE FALL WITHIN THIS EXEMPTION.] [B. WHERE PERSONAL PROPERTY IS RENTED FROM A DEALER IN A TAXABLE TRANSACTION AND THE RENTER IS THEN DIRECTLY REIMBURSED BY A THIRD PARTY FOR THE EXACT RENTAL EXPENSE, WITHOUT MARKUP, THEN THAT REIMBURSEMENT IS NOT A RENTAL OR LEASE SUBJECT TO THE BOROUGH SALES TAX.] [C. SERVICES RENDERED BY AN EMPLOYEE TO HIS/HER EMPLOYER ARE NOT SUBJECT TO BOROUGH SALES TAX.] SECTION 8. That KPB 5.18.225 is amended as follows: 5.18.225. Exemption for owner builder construction materials--Owner builder certificate required--Penalty for misuse. A. Sales of building construction materials and services are exempt under this chapter, but only if: o [tiThe materials become part of the permanent structure; and e [t]The materials or services are bought by the owner of a residential or other building, for a specific building project; and o [t]The building owner obtains an owner builder tax exemption certificate as provided in this section, and presents the certificate at the time of each sale. B. An owner builder may apply for [A] an owner builder tax exemption certificate, on the form provided by the borough. Upon [m~CEIPT] approval of a completed application, and a fee of [$200]$100 per card, the borough will issue the certificate, which will be valid for one year from the date of purchase. C. The following penalties shall be imposed by the borOugh for misuse of the owner builder certificate' Immediate cancellation and demand for surrender of the owner builder certificate. Ordinance 2002- Page 4 of 11 New Text Underlined.; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska . Retroactive denial of the exemption, and collection of sales taxes formerly exempted under the owner builder certificate. SECTION 9. That KPB 5.18.240 is amended as follows: 5.18.240. Exemptions/waivers--Exemptions--Resale [OR INTERMEDIATE SALE EXEMPTION] certificate. A. In order to receive an exemption from payment of sales tax under section 5.18.210 [OR 5.18.220], a seller shall obtain a resale [oR 1NTEmMEDI^TE S^LE EXEMPTION] certificate as provided in this section, and present the resale certificate at the time of each sale. B. A seller may apply for a resale [OR INTERMEDIATE SALE EXEMPTION] certificate, on the form provided by the borough. Upon [RECEIPT] approval of a completed application, and a fee of $10 per card, the borough will issue the resale certificate, which will be valid for the calendar year for which the application is made. C. If a seller is not in full compliance with this chapter, the seller is not eligible for a resale certificate. Full compliance with this section means that a seller does not have an account with a balance due, or does not have a missing or incomplete return outstanding. [C]D. [A] The resale [OR INTERMEDIATE SALE EXEMPTION] certificate shall be surrendered when the seller ceases doing business in the borough. [D]E. The following penalties shall be imposed by the Borough for misuse of the resale [OR INTERMEDIATE SALE EXEMPTION] certificate: o Immediate cancellation and demand for surrender of the resale certificate. , Retroactive denial of the exemption, and collection of sales taxes formerly exempted under the resale certificate. SECTION 10. That KPB 5.18.400 is amended as follows: 5.18.400. Computation--Addition of tax to total retail price--Tax schedule-Exceptions. A. The tax to be added to the sale price, charge or rental shall be 2% 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 one cent to one hundred dollars. Any one sale of items Kenai Peninsuia Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 5 of 11 separately priced shall be taxed upon the aggregate amount, except as otherwise provided in this section. B. [THE REVENUE] Each purchase from a [COIN OPERATED] yending machine shall be treated as an individual sale for application of KPB 5.18.430. lIN GROSS ON A MONTHLY BASIS, WITHOUT REFERENCE TO THE AMOUNT PAID ON A PARTICULAR TRANSACTION.] SECTION 11. That KPB 5.18.420 is amended as follows' 5.18.420. Computation--Installment sales--Tax collected when. When a sale is made on an installment basis, the sales tax shall be collected at the time of the sale, calculated at the sales tax rate in effect at the time of the sale. SECTION 12. That KPB 5.18.430 is amended as follows: The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction, except as otherwise provided in this section. A. Except as provided below for long-term vehicle leases, 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 coveting the rental/lease for one month each. [B. A TRANSACTION INVOLVING 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.] [C]B. Services provided, on account and billed to the customer on a [MONTHLY] periodic basis are subject to application of the tax on a maximum of $500.00 of each [MONTHLY] billing, per account. For purposes of this section, any advance payment for services other than to a trust or escrow account is considered to be paid pursuant to a "billing." [D]C. Each night's rental of each individual room shall be considered a separate transaction and therefore the maximum tax computation shall be calculated on a per room per night basis. D. Recreational sales shall be treated on a per person per day basis and therefore the maximum tax computation shall be calculated on a per person per day basis. Ordinance 2002- Page 6 of 11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska E. Long-term vehicle leases shall be treated as one transaction per year, and per fractional year, of the lease term. The tax paid for any fraction of a year shall equal the tax paid for a whole year. The sales tax for the entire long-term vehicle lease shall be due and collected at the time of the first payment. Tax shall be calculated at the sales tax rate in effect on the day the lease is signed. There shall be no refund of such taxes should the lease terminate earlier than on its terms. Any extension of the initial lease term shall be treated as a new long-term vehicle lease. SECTION 13. That KPB 5.18.450 is amended as follows: A. The rate of tax to be added to the sale price is based on the place of sale. The place of sale of goods [IS WH~P~ THE GOODS ^m~ DEt~IVi~m~D.] and merchandise is the location of the retail outlet at which or from which delivery was made. If the invoice includes a charge for installation, then the place of the sale for the goods and service is the retail outlet at which or from which delivery was made. When goods are delivered into the borough from a point outside of the borough and the seller maintains an ongoing physical presence in the borough, then the location of the seller's in-borough presence will determine the place of sale. If a seller has no ongoing physical presence in the borough but has established nexus with the borough, the point of delivery will determine the place of sale. If the Seller has no ongoing physical presence in, or nexus with, the borough the sale is not subject to the borough sales tax. For purposes of this section the following terms are defined as shown below: le "Nexus" means the seller has established a connection within the borough by use of marketing techniques, such as telephone or door-to-door sales, which are significantly associated with the seller's ability to establish or maintain a market for its goods in the borough. o The "point ofdelive _ry" where there is no ongoing physical presence in the borough is the place where physical possession of the goods is transferred to the customer. ge "Physical presence" is as defined in KPB Sales Tax Policy 95-02, copies of which are available in the Finance Department. B_._:. The place of sale of services is where the services are delivered, which means the place where the services are rendered. The place of sale for rentals is the place where the real property is located, or where the personal property is delivered to the renter. The borough shall determine the place of sale of a good, service, or rental pursuant to this section, and the borough's determination is final. [B]C. When there is a question or dispute over the place where services are rendered, a seller of a service may, after requesting and receiving borough approval in writing, collect the tax based on the office location of the business selling such Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 7 of I 1 services. Approval of a request to collect a tax at the seller's office location is completely within the discretion of the borough, and shall not be granted if the borough has already determined that the place of sale for the seller's industry is not the office location. [C]D. The seller is liable for any sales taxes due because of the seller's incorrect determination of the sales tax rate to be applied. SECTION 14. That KPB 5.18.500 is amended as follows: 5.18.500. Returns/records/audit--Returns--Filing required--Filing schedule. A. Every seller is required to file a sales tax return, on forms furnished by the borough, according to the filing schedule established by the borough for that seller, whether or not any sale was made. B. All sellers shall file sales tax returns on a quarterly basis [, EXCEPT AS FOLLOWS']. The borough may require more or less frequent filing under the following conditions' le For the first 6 months after a sales tax certificate is issued, [m~TU~,~S SI-I~LL] the seller may be required to file [F~LED] monthly. , When the seller enters into a secured payment agreement with the borough, [RETURNS SH~LL] the seller may be required to file [~3~ FILED] monthly, until all delinquencies are cured [, AND FOR SIX MONTHS THEREAFTER]. o For accounts that have had less than [$1,000]$6,000 in taxable sales in the preceding twelve (12) months, [RETURNS] sellers may be allowed to file [FILED] annually. o A seller with a delinquent account, which includes a balance due of over $25, or a missed filing, who fails to cure the delinquency within 15 days of the date of a notice of delinquency sent by regular mail, [SH^LL] may be required to file [ON ^] monthly [~3^sIs]. Se On a case-by-case basis, the borough may determine that an alternate filing schedule is appropriate. In such cases, the seller will be notified in writing of the filing schedule. [C. WHERE A NEW CERTIFICATE IS ISSUED BECAUSE OF A CHANGE IN THE FORM OF THE SELLER'S ORGANIZATION, OR A CHANGE IN THE SELLER'S BUSINESS NAME THAT DOES NOT AFFECT THE OWNERSHIP, THE SELLER MAY BE PERMITTED TO FILE QUARTERLY, DEPENDING UPON THE SELLER'S SALES TAX RETURN FILING HISTORY.] Ordinance 2002- Page 8 of 11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska [D]C. A seller may apply at any time to the borough, in writing, for a change in filing schedule. The borough may consider the seller's sales tax return filing history in making a determination on the application [, BUT NO CHANGE SHALL BE APPROVED UNLESS THE SELLER HAS SUBSTANTIALLY COMPLIED WITH THIS CHAPTER FOR THE SIX- MONTH PERIOD PRECEDING THE APPLICATION]. SECTION 15. That KPB 5.18.900 is amended, as follows: 5.18.900. Definitions. When not clearly otherwise indicated by the context, the following words and phrases, as used in this chapter, have the following meanings: A. "Buyer" includes persons who are purchasers of personal property, rental space, or services. [B. "CoIN-OPERATED MACHINE" MEANS A SLOT MACHINE, MARBLE MACHINE, JUKEBOX, MERCHANDISE VENDING MACHINE, LAUNDRY, DRY CLEANING AND ANY OTHER SERVICE-DISPENSING MACHINE OR AMUSEMENT DEVICE OF ANY KIND WHICH REQUIRES THE INSERTION OF A COIN TO MAKE IT OPERATIVE.] [C]B. "Long-term vehicle lease" means a lease of a motor vehicle, as defined below, for a period of twenty-four months or longer. As used herein a "motor vehicle" is a motor vehicle, as defined in AS 28.40.100(12), that is either required to be registered under AS 28.10.011, or is exempted from registration under AS 28.10.011 (6) and (11 ). However, "motor vehicle" does not include either an "off- highway vehicle" as defined in 13 AAC 40.010(30) or a "snowmobile" as defined in 13 AAC 40.010(49). [D]C. "Mayor" or "borough mayor" means the mayor of the Kenai Peninsula Borough or his designee. [E]D. "Nonprofit organization" means an association, corporation, or other organization where no part of the net earnings of the organization inures to the benefit of any member, shareholder, or other individual. [F]E. "Office location" means the place in the borough where the seller does business, as determined by the borough. [G]F. "Person" includes individuals and every person recognized in law and every group of persons who act as a unit. [H]G. "Quarter" means trimonthly period established by the finance director. [I]H. "Sale" or "retail sale" includes' i~'enai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 9 of 11 1. Every sale or exchange of services; e Every rental or lease of personal property; ge Every sale of the use or play of a [COIN-OPERATED] vending machine; o Installment, credit~ and conditional sales; o Every sale of use or title in tangible personal property, regardless of quantity or price, whether sold by [COIN-OPERATED] vending machine or otherwise; Ge Every rental or lease of real property other than a rental or other agreement for occupancy of residential real property pending the closing of a transaction which does not exceed 90 days in length for a buyer of that property. o Gaming sales authorized by AS 5.15. [J]I. "Sales price" means consideration paid by the buyer whether money, credit, fights, or other property, expressed in terms of money equal to the fair market value of the consideration and including delivery or installation costs, taxes, or any other expenses whatsoever, measured by the gross sales price of the seller. [K]J. "Seller" includes persons who are vendors of property, persons furnishing services, the lessors of rental space or goods, and all persons making sales, including space or goods, and all persons making sales, including consignees and persons who conduct sales where items will be sold for a commission or fee. Notwithstanding any other provisions of this chapter, "seller" includes all persons engaging in sales of fireworks regardless of the length of time, duration, or volume of such sales in any calendar year. [L]K. "Services" includes all services of every manner and description, which are performed or furnished for compensation, including but not limited to' 1, Professional services; o Services in which a product or sale or property may be involved, including personal property made to order; ge Utilities and utility services not constituting a sale of personal property, including but not limited to sewer, water, solid waste collection or disposal, electrical, [^ND] telephone services and repair, natural gas, cable or satellite television, and Intemet services; Ordinance 2002- Page 10 of I 1 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska , The sale of transportation services; o Services rendered for compensation by any person who furnishes any such services in the course of his trade, business, or occupation, including all services rendered for commission; ° Any other services, including advertising, maintenance, recreation, amusement, and craftsman services; [M]L. "Time of sale" for installment sales is the time at which the initial payment is made. [N]M. "Temporary lodging" is defined as a service to provide any lodging of less than one month. N. "Recreational sales" means sales where the seller provides recreational services and rentals, except automobile rentals, to the buyer, either separately or in a combination, at an ag~egate price, including, but not limited to guiding, charters, outfitting or equipment rentals, and temporary lodging included with such sales. O. "Vending machines" means any good or service-dispensing machine or amusement device of any kind. SECTION 16. The borough mayor is authorized to establish policies and procedures necessary to implement these revisions. SECTION 17. That this ordinance becomes effective January 1, 2003. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2002. ATTEST: Timothy Navarre, Assembly President Linda S. Murphy, Borough Clerk Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2002- Page 11 of 11 KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT, INC. BUSINESS INNOVATION CENTER Tuesday, September 03, 2002 John Williams, Mayor Kenai City Council 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Dear Mayor Williams and Council; The Kenai Peninsula Economic Development District, Inc. ("KPEDD") invites the City of Kenai to continue to parmer in support of quality, sustainable economic development on the Kenai Peninsula. The City of Kenai has generously sponsored our past Economic Outlook Forums, which were. highly praised. KPEDD was the first Alaska Regional Development Organization or ARDOR recognized by the State of Alaska. We were also the first federally recognized Economic Development District in the State of Alaska. The Kenai Peninsula has been designated as an economically .distressed._ region due to our high unemployment rate and lower per capita income. Communities on the Peninsula straggle to build healthy, year round economies and to build on our quality of life, low cost of living and capable workforee. Together-we can make a difference! KPEDD is a private, non-profit organization dedicated to enhancing our economy. We organize and facilitate community economic planning events, and provide support to local governments and community groups. During the past two years, over 1,000 residents, business and community leaders participated in our economic outlook forums held throughout the Peninsula. Information gathered at the forums was compiled into the Kcnai Peninsula Comprehensive Economic Development Strategy, a'road map to a brighter future. KPEDD identifies, evaluates and promotes ventures to diversify and strengthen our economy. We create jobs through the operation of a Business Incubator, providing nurturing space and technical support to struggling start-up businesses. We build partnerships between individuals, communities and organizations. 14896 KENAI SPUR HWY, SUITE 103-A, KENAI, AK 99611-7756 PHONE: 907/283-3335 FAX: 907/283-3913 EMAIL: info@kpedd.org www. kpedd.org In the past, your generous support of specific programs has been impressive and has enabled quality KPEDD programs to succeed. We are happy to honor requests to eann~k funds for specific programs or events. We gratefullY welcome financial or in-kind donations at any level. Donors may wish to sponsor a specific program; the following is a short list of donation options' · Become a Corporate Sponsor ... Corporate Sponsors are recognized throughout the year for their support · Sponsor the Kenai Peninsula Economic Outlook Forum (to be held on Friday December 6~, 2002 at the Kenai Peninsula College) ...250+ attended this highly praised event last year; countless others viewed the forum over the Internet · Help with Publication and Printing of the Kenai Peninsula Prospectus ... ,4 beautiful and effective tool to market the Peninsula to new business, attached · Sponsor Individual Community Economic Outlook Forums ...Every community invited us to return and organize future events; you may designate your gift to the Kenai Peninsula community of your choice · Become a mentor to small businesses or community organizations ...By lending an executive in administration, human services, marketing, finance, information technology or supervision, you could boost a struggling or expanding business. Non-profit organizations also need access to technical and administrative support to build stronger Peninsula communities · Contribute to our Micro-Loan or Revolving Loan Programs ...Fund promising ventures that create jobs! Our fully qualified loan officer has 17 years experience with a Degree in Accounting; our loan programs meet all Lending Industry Standards · Sponsor tin industry specific promotion ...By strengthening segments of our economy, we build diversity and strengthen our entire economy · Sponsor our Volunteer in Service to America ("VISTA") ... Our VISTA gives a year of full-time service; Sponsors can send him to training fund travel, and invite the VISTA to attend corporate training or provide computer equipment and/or training · Sponsor Board Training ...For non-profit or grass roots community groups Please feel free to call or visit if we may provide further information. The Kenai Peninsula is a great place to live, to visit, to play and to work. Together we can make it even better! Sincerely, James S. Carter, Director Attachment: Kenai Peninsula Prospectus KPEDD Board of Directors List KENAI PENINS~A BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC. BOARD OF DmECTORS ~anuary 1, 2002 Updated 9/3/02 Name Representing Emafl Address Phone Office Bardarson, " Seward bardy~seward.net PO B~x 689, Seward"~J9664 224-3812 H .Blame A.ppomte~ 224-2067 F Tom Boedeker Soldoma Boedeker~ci.soldoma. ak.us ' 177'North Birch, Soldotna 262_9107 W Vice ' Appointee 99669 262-1245 F President 283-7608 H Craig, Chapman KPB Appointee cchal~man~borough.kenai.ak.us 144 Binkley St, Soldotna 26---~-8646 W Treasute--~--- 99669 2628623 F i0hn Crawfo~d Seldovia ic~awford@~balnet, or.~ E~wer L, Seldovia 99663 234-7625 W 2~ Vice- Natives Assn. 234-7637 F President 234-7668 H Randy Daly' Keaai randy@hispeedgear..~om 405 '~)verland, #102, Kenai 283-5136 W Secreta~ - Appointee 99611 2834713 F 283-3831 H . 394-1113 C Anne Marie Hornet amhqlen@ci.homer.ak, us 491 i~'. Pioneer Ave., Homer 235-8121 ' Holen** Appointee 99603 x. 2246 W 235-3148 F 235-9680 H Blake JohnSon. Labor un/under blake~laborersloca1341.com 2501 Co~emial Dr., 2724571 W employed, EDD Anchorage 99501 274-0570 F appointee 776-5212 H ~R0n Long 'KPB Appointee rlms~tialaska.net ' po Box 2464, seward . 224_7068 H ..... " 99664 224-5707 F Vacam* KPB Appointee Phil Mm~is " Kachemak City l~hilemon(~-homemet, ne't 'Po Box 1082, Homer 99603 3994931 ~ President Elected 235-8201 F 235-8383 H -Vanta Shafet Seward vshafer¢~provak.org ' po BOX 167, Seward ~9664' 224-28~6 W Appointee 224-7248 F Diana Spann Soldoiaa di. anaspann~'acsalaska. Com 35126 K-Beach, soldotna 260"8611 W ' ' Appointee · 99669 260-8620 F 283-8441 H ... 398-2200 C Pete SpmgUe KPB Appointee pslamgue~ac'salaska.net I88 FamsWorth, Soldotna '262-4073 F,H .... 99669 398-5374 C Ken Weave~ Seldovia se!dcity(DxYz.ne_t Drawer B, Seldovia 99663 23'4-7643 W Appointee 234-7430 F , 235-6530 H Swenning, Homer PO BOx 8055, Eng~h Bay ' Emily*** Appointee Via Homer 99603 'J°hn williams Kemai Ker~i_Mayor~,ho~il.com " PO Box 459, Kcnai 99611 ' 283-3104 W Appointee 283-3014 F 283-3104 F 2834960 H ,rman 12 (w) 284-2219 (f) ** Alternates: Rachel Livingston 235-8121, ext.2222 (w) 235-3148 (f) Jack Cushing 235-812, ext. 2229; or ext. 2224 (Mary) (w) 235-3140 (f) ***Alternate Sally Ash, PO Box 8076, Nanwalek, AK 99603 INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 18, 2002 , . , o . 9/19/02 Kenai River Special Management Area Advisory Board meeting agenda and minutes of May 16, 2002 meeting. 9/11/02 2002 Kenai River Personal Use Dip Net Fishery Report. 9 / 13 / 02 LLS memorandum regarding Vintage Pointe rent increases. 9/12/02 RC memorandum with Airport Survey Results/2002 9 / 18 / 02 Council Meeting Monthly Department Reports' ao g. h. i. L. Semmens/Finance Department J. La Shot/Public Works Department K. Komelis/Public Works Department C. S. R. E. R. R. Kopp/Kenai Police Department Walden/Kenai Fire Department Cronkhite/Kenai Municipal Airport Jankowska/Kenai Library Frates/Parks & Recreation Department Craig/Kenai Senior Center KENAI RIVER ,Special Management Area "Working together...for the river" *** Meeting Agenda*** Thursday, September 19, 2002 7:00 p.m. Kenai River Center Ie CALL TO ORDER II. A. Roll Call B. Approval of 5/16/02 minutes C' Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS IV. A. Contaminated Sites Strategic Planning Forum Update, Robert Ruffner 'B. Kenai River 2002 Season Recap, Suzanne Fisler C. KRCMP Accomplishments to Date/Recommendations for Further Work, Suzanne Fisler D. E~tablishing Board Priorities for the 2002/2003 season, Chris Degemes E. Board Member Appointments OLD BUSINESS Ye A. ADEC Update on Contaminated Sites B. Update on Fuel Truck Spill Cleanup ne-ar Gwin's Lodge C. Kenai River Center Update PUBLIC COMMENT Vie ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Committee Meeting: Commercial Operator Committee Meeting, 9/19/02, 3pm at the KRC; contact Committee Chair Joe Connors for additional info Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. II. III. Kenai River Special Management Area Advisory Board Meeting Minutes Thursday, May 16, 2002 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present: Joe Connors, Ted Wellman, Jim Golden, Janette Cadieux, Charles Quarre, Steve Bonebrake (for Rick Wood), Robin West, Bill Shuster, Chris Degemes, Lance Trasky, Linda Snow, Brett Huber Absent: Deric Marcorelle, Dave Westerman, Paul Shadura, Ann Whitmore-Painter, and Tim Navarre B. Approval of 4/18/02 minutes Approved as written. C. Agenda Changes and Approval Add New Business, Item B. Contaminated Sites Strategic Planning Forum, Robert Ruffner Add item Old Business, Item D. Cooper Lake Update, Bill Shuster Agenda approved as amended. PUBLIC COMMENT None offered. NEW BUSINESS A. Upper Kenai River Area Restoration Efforts - Dean Davidson, Chugach National Forest Dean provided the Board with a summary of efforts to restore and protect habitat along the Russian River, as well as Cooper Creek. The US Forest Service has been working on various projects on the Russian River for the past 7 years, with efforts at Cooper Creek underway for the past couple of years. The Russian River is one of the most important red salmon streams in the U.S., with 50-60,000 anglers using the fiver and another 200,000 accessing the confluence area via the ferry. The Youth Restoration Corps has been a major source of assistance in recent projects, employing 12 local youth in a combination program of education and restoration work efforts. The YRC crews have been assisting with sod transplanting, seeding, installation of root wads, and willow planting. Dean discussed the various techniques used to stabilize different slopes or riverbank configurations. The goal of the USFS, with the help of the YRC is to restore impacted habitat while maintaining recreational access to the Russian River. IV.. B. Contaminated Sites Strategic Planning Forum, Robert Ruffner, Kenai Watershed Forum Robert announced that a number of groups are sponsoring a forum to discuss how to deal with contaminated sites on a community level. The forum is scheduled for May 23 from 12:00 - 6'00 p.m. He stated he was also seeking support from the KRSMA Board. Motion' Charles moved that the KRSMA Board offer support and be a sponsor for the Contaminated Sites Strategic Planning Forum. Seconded by Lance. Board discussion that ensued included recommendations that the public be permitted to air concerns, understand what is known about contaminated sites and what plans there might be to clean up known sites, recommendations that certain activities not be permitted too close to the fiver and monitor and inspect those that are already located near the fiver, etc. Ted asked that information from the Forum be communicated back to the Board. M-orion approved by Board. OLD BUSINESS A. River Terrace Contamination Update, Rich Sundet and Steve Bainbridge, ADEC Steve Bainbridge, the DEC Contaminated Sites Program Manager, had asked to speak to the Board to gain a better understanding of the Board's concerns about contaminated sites, while providing information on the Department's .actions. He wanted the Board to know that they have the full attention of the Commissioner. They have been concerned thatthe letters from the Board indicated that their department hadn't been communicating well enough with the public on the local contaminated site cleanup. He explained that DEC uses a hazard-ranking model to sort out high priority sites, which are essentially those that threaten drinking water or water bodies. DEC has been stressing spill prevention, but has required that all underground storage tanks be upgraded (effective Dec. 1998). A cathodic protection system is now required for all underground fuel tanks, with mandatory inspections required too. Kenai River Special Management Area Advisory Board May 16, 2002 Meeting Minutes Page 2 of 5 He then provided a brief review on the status of the contamination at Cook's Tesoro, Zip Mart, and River Terrace. For'Zip Mart, DEC is in the process of doing a site assessment and characterization of the contamination, prior to developing a clean up plan. Their goal is to recover as much free product as possible. This assessment is being funded by the state, as the responsible party cannot afford to take care of this. At Cook's Tesoro, the state has completed cleanup and is monitoring the area. Questions from the Board followed. Janette stated that she was concerned that some contamination was known at Zipmart for 6 years before this major spill was found, and that DEC had notified Zipmart 6 years ago that they were to deal with the initial leak. She asked if that was acceptable? Steve replied that because Zipmart had an upgraded system with a new tank, it was not expected that any additional contamination would be found. Grants were provided to Zipmart, but they still failed to take action, so DEC stepped in. Janette asked if DEC would address these kinds of issues differently in the future? Steve replied that they would. Brett asked if any sediment sampling would be done around the Cook's Tesoro, as the Board previously requested. Steve replied that they do plan to do this, as well as have an independent third party evaluation. Ted said one of the Board's concerns was the lack of notice to the public that. a major spill had occurred. It would be helpful if the public knew earlier that a problem existed. How would the general public find out about these situations? Steve said DEC has a spill database that is public information, accessible through DEC's website. The Department also performs tests on neighboring water wells. Ted requested that DEC provide more detailed update in the future regarding the Zipmart and Cook's Tesoro sites. A representative from Oasis/Bristol provided a brief status update of the River Terrace cleanup. Following injection of HRC, it was noted that the pce levels dropped as the compounds were reduced to dce. One concern that has evolved is why the dce is not degrading further to vinyl chloride, as expected. Why has dce not degraded? Specific bacteria that are needed to degrade it may not be present, or there might be competition with other bacteria. Still, they feel that the HRC has been effective in degrading pce and tce in both the upper and lower plumes, even though it has stalled at the dce level in the lower plume. Additional technology is being considered: bio- augmentation to inject microbes, permeable reactive barriers with iron Kenai River Special Management Area Advisory Board May 16, 2002 Meeting Minutes Page 3 of 5 filings, air sparging wells, groundwater extraction with treatment and re- injection. Recommendation: Upper plume: additional assessment, confirm that dce is being completely degraded, assess suspected source area near former dry cleaning building, continue with HRC treatments. Lower plume' bioaugrnentation pilot study, continue with HRC treatments outside pilot study area. Also, plan to do a sediment study along the Kenai River, once the ice has melted. Bioaugrnentation will involve the injection of microbes in July 2002, with results expected in 90-180 days. If the pilot study is successful, the process will be fully implemented in the spring of 2003. B. Soldotna Urban DOT Project Update, Judy Dougherty and Laurie Mulcahy, DOT In February Judy had addressed the Board about this project, which would widen the Soldotna Bridge over the Kenai River. Since that time, DOT has held a public meeting and has heard from a number of people. At this time, DOT is considering construction of a temporary bridge as the best solution to minimize impact on traffic during the construction. A temporary bridge would be the same hei~ht above the fiver as the current one, at 18 feet. The temporary bridge would have 5 spans with 4 steel pil.ings in the fiver. It is expected that this bridge would be needed for about 1½ years. At the end of the project the temporary bridge and pilings will be completely removed. Bill Shuster said that with the 4 piers on the temporary bridge and 3 on the existing bridge, boaters will have quite a navigation maze. Judy replied that they will have to have an understanding of how the fiver is being used so that impacts can be minimized. Steve Bonebrake asked if there have been any alternatives developed to the original storm drain sedimentation basin idea. Judy: they're looking at alternatives, but so far have not identified anything in particular. Jim G asked if the increased footprints from pilings will cause an increase in ice jams. Judy: they'll need to evaluate that. C. Kenai River Center Update Suzanne reported that the KRC has received a number of permit requests for bank restoration work, and that about 200 Kenai River guides have registered so far. Kenai River Special Management Area Advisory Board May !6, 2002 Meeting Minutes Page 4 of 5 D. Cooper Lake Update, Bill Shuster Agencies have been meeting with Chugach Electric Association to identify the data gathering needs for this summer. CEA is going to request permission to raise the level of Cooper Lake to 1206 feet, which is higher than it's been since 1960. Some concerns expressed are the consequence of lake level fluctuations on other resources at Cooper Lake. Lance said there is not much time to do the studies as CEA has only until 2005 to make their final application. Bill invited suggestions on other data needs. ge PUBLIC COMMENT None offered. VI. ADJOURNMENT A. Board Comments Linda wanted to thank the DEC staff for coming to the Board and answering questions. She also appreciates the efforts of Robert Ruffner to provide a forum for further discussion Steve Bonebrake' also thanks to Robert Ruffner as this will be helpful to the City of Soldotna. Bill Shuster: announced that the Chugach National Forest Plan will signed tomorrow Janette' thanks to Steve Bainbridge for taking the time to come to the Board' tonight. Joe: have a great summer and be safe. Chris: 350,000 have been appropriated to Parks to upgrade the KasilofRiver boat ramp access site. A funding request for the boat wake study did not pass. She thanked the board for being so dedicated to the Kenai River. Ted: thanks to all the Board members for their hard work this past year. B. Date/Agenda of Next Meeting September 19, at the Kenai River Center. Kenai River Special Management Area Advisory Board May 16, 2002 Meeting Minutes Page 5 of 5 KENAI POLICE 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE' (907) 283-7879 · FAX (907) 283-2267 TO' Linda Snow, City Manager FROM: Bob Frates, Parks & Recreation Director Keith Komelis, Public Works Manager Kim Wannamaker, Police Lt.~ DATE' 9-11-02 2002 Kenai River Personal Use Dipnet Fishery This season's Personal Use Fishery opened at midnight, 7-10-02 and remained open thru 7-31-02. Following are activity reports by Parks & Rec, Public Works, and Police. POLICE The Police Department hired two non-sworn, unarmed Seasonal Enforcement Officers (SEO) whose scheduled shifts provided for 7 days per week coverage of the fishery area. They overlapped one day and worked cooperatively with Parks & Rec personnel, and were assisted by the presence, when needed, of Patrol Officers. The SEO were responsible for City Code enforcement (camping, ATV use, parking violations) identified as dipnet-related concerns. Dipnet fishery related calls for service increased from 38 in 2001 to 49 in 2002. These involved parking complaints (resulting in 200+ warnings and 10 impounded vehicles), ATV warnings and citations for use in restricted areas, "No Camping" violations on both North and South beaches, lost/stolen/found property, lost children (all found & accounted for), and warrant arrests resulting from fishery participant contacts. An ATV (Honda 4-wheeler) was provided thru the Kenai River Center and was used extensively by the SEO on the South Beach, thereby removing the risk to the Department's pickup due to soft sand, tide, and grassland/dune boundaries. Both SEO attended hands-on ATV safe operations training; them were no Department ATV mishaps/accidents. Payroll was less this year than last due to the employment of two SEO instead of one SEO and one Seasonal Police Officer (sworn, armed, higher pay rate). Comparatively (Dipnet related, not considering administration costs, planning, meetings, employee equipment): 2000 2001 2002 Seasonal Police Officer $4750.92 $6331.00 N/A (187 hrs) (250 hrs) Seasonal Enforcement Officer Total $1988.80 $1793.50 $1953.15' (160 hrs) (140 hrs) (145.2 hrs)* $6739.72 $8O7O.5O $1953.15 *Two S.E. O. combined Attached is the Seasonal Enforcement Officer Report including photos 'taken at various times during the dipnet fishery. Kenai Police Department Memorandum To: Lt. Wannamaker From: J. White, Seasonal Enforcement Officer Date: 9/12/02 Dip Net Fishery 2002 The information included in this report is a summary of the Personal Dip net fishery that took place at the mouth of the Kenai River starting on Wednesday, July 10, and concluding on Wednesday, July 31. The fishery opened on Wednesday, July 10th at 0600 hours. The fishery was limited to the hours of 0600 - 2300 hours when dip netters could have a net in the water. The first week of the fishery was relatively slow. There was no shortage of Parking on either the North or South beaches. The North beach dip netters were more compliant in paying for parking than those of the South beach, perhaps because they were more familiar with the procedures on the North beach from past years. This being the first year for a parking fee on the South beach, there was less compliance. On Friday, 7-12-02, there was a considerable increase in vehicles and people in the parking lots on both the North and South beaches. Seasonal Enforcement Officer's spent most of the day enforcing the paid parking ordinance on the North beach and kept traffic flowing smoothly on Kenai Avenue. On the South beach enforcement officers explained the reasons for a parking fee, and enforced fee collection. On Saturday, 7-13-02, there was another increase in vehicles and people on both the North and South beaches continued to increase. The parking lot on the North beach was near or exceeding its capacity for parking and overflow parking was directed to the little league field parking lot on S. Spruce. Overall, parking was not a problem, though constant enforcement was needed to keep it so. If enforcement officers left the area, vehicles would park past parking medians, leaving larger vehicles (RVs) not enough space to exit the lot. Vehicles parking past parking medians were quickly red tagged, towed, or if the driver/owner was present, asked to move. On Friday, 7-19-02, there were a large amount of people moving into the North beach parking lot during the evening hours. The parking lot was filled to its maximum capacity and overflow parking was directed to the Little League parking lot. Those vehicles · Page 1 parking past the parking median were red tagged and one vehicle was towed (increasing the response of the R/Os of red tagged vehicles). At approximately 8pm there were even more vehicles moving into the area, most of them going down Kenai Avenue to drop off equipment. This caused considerable congestion on Kenai Avenue along with people being slow to unload. Most enforcement time was spent encouraging persons to unload faster and enforcing the No Parking on Kenai Avenue ordinance. An additional 2 hours of overtime was dedicated to clear the North beach of camping violations. 15(+) overnight camping warnings were given on the North beach between 0000 - 0145 hours. Also on Friday 7/1.9/02 there were 141 vehicles counted on the South beach at 1636 hours. Time was spent on the South beach contacting 95% of vehicle owners and explaining the new roles and enforcing the paid parking ordinance. Yellow fishery handouts (made by Parks & Rec) were distributed to all vehicles. There was also a call for service to the city dock to advise people of the overnight camping ordinance. On Saturday, 7-20-02, there was a large amount of people on both beaches. On the Noah beach the parking lot was overflowing with many vehicles parked illegally. There were numerous vehicles parked past the parking medians blocking exits, and vehicles parked blocking the entrances and exits to the trails leading to the Municipal Park on South Forest. All illegally parked vehicles were red tagged and three were impounded. Whenever police presence left the area, vehicles would immediately begin parking illegally in the parking lot and on Kenai Avenue. Both areas needed constant attention. At 1654 hours th6re were 260 vehicles parked on the South beach. A call for service was also received reporting overnight camping violations at the city dock, which resulted with 4 warnings. Two ATV citations were also written on the North beach. On Sunday, 7-21-02 both beaches were again crowded. As the day went on more and more people began exiting the beach and heading home. A considerable amount of time was spent on the South Beach enforcing the paid parking ordinance. Seasonal enforcement officers gave out 84 paid parking permits advising owners of the vehicles they needed to pay before they lef~ the beach. Most people said they had no problem with paying the fee, but complained that the iron ranger was not easily located. On the North beach it was also busy during the day with most persons leaving by late evening. One vehicle was impounded on Kenai Avenue for parking. During the next weekend of Friday, 7-26-02, through Sunday, 7-28-02, both beaches were relatively slow with less people than previous weekends. On the South beach there were 40 vehicles on Friday (1810 hrs), 106 on Saturday (1790 hfs), and 48 on Sunday (1721 hfs). On the North beach enforcement officers impounded three vehicles, issued three citations for paid parking violations, and two citations for ATV violations. There were frequent checks made by seasonal enforcement officers at the city dock. There were few problems at the dock this year compared to past years. The main complaint from the city dock concerned overnight camping. Several warnings were · Page 2 given out regarding the overnight camping ordinance. At the city dock there are a few poorly placed signs prohibiting ovemight camping. More signs in better locations (signs that could be seen when entering the parking lot) would help alleviate this problem. Another way to alleviate this problem would be to have an attendant advise patrons of the overnight camping regulations. SPECIFIC OBSERVATIONS AND CONCERNS NORTH BEACH People have a good understanding of the procedures on the North beach parking area. The majority of those parking complied with the $5 fee, and displayed their permit properly. Those who chose not to comply this year were cited or towed. Violations of paid parking were very few. Compliance with the parking fee is not a problem on the North beach parking lot because of constant police presence and enforcement, and three previous years to become accustomed to the procedures. Ideally the city would have an attendant to take direct payment, and then assign a parking space. A problem that did occur was due to time limitations put on the fishery by the State. This meant that at 0600 hours when the fishery opened there were a large amount of vehicles going down Kenai Avenue. At 2300 hours, when people could no longer fish or tent on the beach, hundreds of people would walk off the beach on Kenai Avenue, half of them intending to return in their vehicles to load their gear, causing massive traffic jams. A 24 hours a day fishery alleviates the morning and evening traffic jams. On the average fishing day there were few illegally parked vehicles on Kenai Avenue (which would promptly be towed), and the majority of those stopped on Kenai Avenue were loading or unloading. The majority of the people did comply with the roles knowing that they were being strictly enforced. Another problem caused by the night closure of the fishery was overnight camping on the North beach. All tents were to be down during the hours of the fishery closure between 2300 - 0600 hours. In the past tents have been allowed up all night, because the fishery was open 24 hours, and parents needed a place for their children while they were fishing at night. The previous enforcement action was to inform people that there was no overnight camping on the beach, but no citations were issued. In 2002 there was little compliance of this ordinance on the beach. The common response when advising campers that they would be cited was "go ahead and write the ticket, it's cheaper than a motel." Exacerbating the overnight camping problem was the lack of legal places for overnight camping. Dipnetters were directed to the City Tent Campground, to which many people had tried to go, but it can only hold 16 groups of campers. The lack of space to tent camp is a continuing problem. · Page 3 This year the city allowed dipnetters to pitch a tent in the lot if they paid for the parking spot. As the sign in the parking lot reads "NO CAMPING," this causes confusion. A sign that specifically prohibits Tent Camping may lessen confusion. Trash overflowing out of dumpsters was a usual sight at the North beach this year as in years past. When a dumpster was filled to its maximum capacity, garbage was then piled around the dumpster. More trash pickups will alleviate this problem. Dipnetters reported throughout the fishery that the toilets on Kenai Avenue were full or overflowing. As a sanitation matter, this should be taken quite seriously. Having the toilets pumped more frequently should alleviate this problem as well. Over the past four years of the fishery signs have been removedJ stolen from the North beach area. Along Kenai Avenue half of the "NO PARKING" signs have disappeared. Several "1 HOUR PARKING" signs are missing, which lead to paying persons parking there. This makes it difficult for those wanting to just park for an hour, to find a place to park. This caused officers to wait an hour before citing or towing vehicles in the parking lot, to allow for persons who could not find a spot in the one hour parking area. The Parks & Rec employee assigned to the fishery did an excellent job; she was able to give a hand to officers by answering frequent questions. She helped keep the beach area as clean as possible and maintained the temporary fences to keep them standing. There was a definite difference on the North beach when she was absent. On those days it was hard to keep the Iron Ranger full of sufficient parking permits. A Parks & Rec employee is needed on the beach every day of the fishery. This year there was a shortage of printed parking permits near the end of the fishery. Boat launch permits were made into temporary permits for the parking areas on the North and South beaches. The launch permits had a space for a date, but no time. This made it impossible to enforce a 12-hour parking time limit. Next year there needs to be a sufficient number of parking permits available for the fishery. On the North beach vehicles parked past the parking median caused trouble by blocking entrances and exits. This problem was fixed by simply blocking off the area with cones. SOUTH BEACH Tent camping issues on the South beach were confusing. Though in years past "No Camping" had not been enforced on the South side of the fiver, at the beginning of this year it was to be enforced. When advising campers on the South beach about no camping seasonal officers were met with overwhelming non-compliance. The policy that was enforced for the remainder of the fishery was to allow tent camping only in the designated parking area for those who had a current parking permit. · Page 4 In 2001 the City of Kenai placed trashcans on the South beach, hoping to curb the trash problem there. However, as garbage filled the cans, persons continued to pile trash around the can. In 2002 no trashcans were provided and a "pack it in, pack it out" policy was enforced. This was mostly successful with only two incidents of trash piles needing cleaned up. Parks & Rec came to the South beach and cleaned up the piles. There was low compliance on the South beach for paid parking. Most people who were talked to were happy to see the toilets and were willing to pay the fee. They claimed that they were just confused on where to pay the fee. Some said the Iron Ranger was not placed in a good location, that they never saw it. Many recognized that there was a fee area because they had seen the signs coming down the beach. Others claimed they didn't see the signs. A suggestion would be better placement of the signage and Iron Ranger, though high tide is the main factor in where the Iron Ranger can be placed. At the beginning of the fishery driving on the beach was very difficult. About one in every two vehicles was stuck at one point or another while driving down or back up the beach. There was one vehicle fire and numerous vehicles stuck in the soft sand. Dipnetters were very helpful in getting each other unstuck. As the season progressed there was less of a problem with vehicles getting stuck. Because of the high tides during the month of July, many vehicles were forced to the edges of the dunes and vegetated area to make their way down the beach. Eventually the vehicles were driving partially in the vegetated area. .. The City may want to purchase more barrier fencing or other barricades blocking vehicles from driving so close to the dunes and vegetation. To enforce parking on the South beach seasonal officers used an ATV donated for the dip net season by the Kenai River Center. This allowed seasonal enforcement officers to travel efficiently to the parking area without the fear of getting the patrol truck stuck. There were no problems with having the ATV or shuttling it around. It was a definite asset to the operation. The City placed fences on the South beach that required constant repair due to stiff winds and other factors tearing them down. It was placed upon seasonal enforcement officers to mend the fences. On several occasions officers repaired fallen fences, but the time required was significant. Officers placed priority on enforcement to ensure the orderliness of the fishery rather than fence repairs. Another problem caused by the evening closure of the fishery was unattended campfires. At 2300 hours when fishing was over for the day, fishermen would leave the beach and their fires burning. Frequently after 2300 hours when fishermen had left the beach seasonal enforcement officers would stay to kick sand on burning fires and ask others to extinguish their fires before leaving. · Page 5 The major problem with the South beach in the past has been the problem of human waste. This year the city brought toilets to the South beach, which solved this problem. There were no problems with human waste in the vegetated area this year. TENT CAMPGORUND The tent campground (behind the ball field next to Pizza Hut) held near its maximum capacity throughout the fishery. Especially during the weekends the tent campground filled past its maximum capacity. Enforcement is very difficult at the tent campground. There needs to be system in place where enforcement officers can quickly verify whether a group has paid for a night. Just as parking permits, campers need to display they are paying for the camping space. The information card prepared by Bob Frates was well received by people on the South beach. They were interested both in the information it included and the tide book printed on the back. Several hundred of these cards were handed out through personal contact or on windshields. · Page 6 PARKING WITHIN 24 HR. HO CAMPING PAYi~ENT ENVELOPE FILL OUT. DETACH & DISPLAY ANY CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283.7926 FAX 907-283-4675 KENAI MEMORANDUM TO: FROM: DATE' Lt. Kim Wannamaker, Police Department Robert J. Frates, Parks & Recreation Director~ August 16, 2002 2002 Dip Net Information The Kenai River'had a large escapemem of sockeye salmon this season, which led to a much publicized and heavily used fishery this season. The season began with hourly limitations imposed on the fishery (closure from 1 l:00pm- 6:00am). Restrictions were lifted toward the tail end of the season. Most of the participants were very familiar with the romine process on the north side, i.e., parking, no camping, fees, etc. Strong enforcement coupled with user's familiarization led to a fairly smooth fishery on the north side. Hourly limitations placed on the fishery helped significantly from a management perspective. However, these restrictions created somewhat of an issue for the south side in terms of logistics for the participants. The increase in beach traffic caused the sand to become very sof~ which resulted in many vehicles becoming stuck. Camping issues surfaced as well. I would recommend that participants next season be allowed to camp on the south side. Allowing camping, meanwhile, on the north side is a matter of debate. The following is a summary of evems and points of interest: Participating agencies this season were: The Alaska Departmem of Fish & C_vame's Sport Fishing Division, The Alaska Department of Public Safety's Fish & Wildlife Protection, Kenai River Sport Fishing Association, Inc. (KRSA), and the Kenai Peninsula Borough. - An Ordinance of the Council of the City of Kenai was passed May 15, 2002 increasing the estimated revenues and appropriations by $16,000, specifically to control the impacts on the south side. The City of Kenai will receive $10,000 in reimbursable money by the Kenai Peninsula Borough through a Coastal Impact Assistance Grant Program. Additionally, the Borough provided the use of an ATV. - On May 16th Police Chief Chuck Kopp, myself, and several Sport Fish Division representatives visited the south side of the Kenai River. Our goal for the south side was two-fold' 1) Improve safety, sanitation, and protect the dunes; and 2) Alleviate access and private property problems. Placement of the sanitation facilities and parking area relative to the fee collection area was discussed in detail. - Prior to start of season, fencing idemifying the parking area was erected with assistance from the Youth Restoration Corp (YRC). Total fencing was approximately 1200 feet. An iron ranger and Kiosk were installed as well. Sanitation facilities were brought in and serviced daily through Al Gagnon and Sons. There was a report from staff that perhaps the portable toilets did not warrant daily servicing. - Fish and Game along with the Street Department provided signs for the south side. A large sign promoting the use of the southerly access road rather than the section line access was furnished and installed by Fish and Game. This sign help direct participants and eliminated some traffic near Perrizo's property. However, it was generally felt that many people used the section line easement when exiting the beach. Although a temporary barricade was placed in front of Perrizo's property, trespass issues were still of concern. I am curremly working with Mark Gambfin with Fish and Game on a more permanent solution to Mr. Perrizo's · problem in terms of damage to his dunes. - The pack-it-in pack-it-out role appeared to work well for the south side. Litter and debris were minimal except for two occasions when someone decided to leave a pile of trash. Sanitation issues were non-existent due to the sanitation facilities. I would recommend that perhaps the Borough be asked to supply a large dumpster at their public parking facility. The Borough did, however, place sanitation facilities at the parking lot this season. - Gaining access to the south side, from a logistical standpoint, was somewhat cumbersome for the parks crew. Each time a trip was necessitated, arrangements would have to be made for the use of the Dock Foreman's four-wheel drive vehicle. - Compliance with the fee policy on the south side appeared to be weak. Many participants drove their vehicles toward water's edge since the sand is otten more compact. Some of these folks perhaps did not see the fee signs placed near the dunes. Although I believe the placement of signs was appropriate, perhaps larger signs should be considered for next season. In order to achieve higher compliance with respect to fees, a fee station should be placed before vehicles enter onto the beach. In order for this to occur, I would think that the section line easemem near Pemzo's would have to be blocked and cooperation from the Borough for placement of a station on Borough property achieved. These again are legal questions for the Attorney and City Manager. It may not even be realistic to think we'll ever have total compliance. However, compliance on the north side certainly increased over the years, thus, maybe it's more of an educational matter. In order to facilitate the fee process for locals (or anyone for that matter), I would suggest that people be allowed to acquire a "season pass" through City. Hall. This would perhaps relieve some pressure in Finance and KPD as well as serve as a good public relations tool for the City. Two six-yard dumpsters should be place near the restroom on the north side next season, in addition to two or three extra portable toilets for the parking lot area. Iron rangers for the north side should be replaced with units having a larger carrying capacity. I would further recommend that Public Works hire their own workers to staff the dock operation during the dip net fishery. PARKS & RECREATION DEPARTMENT DIP NET EXPENSE REPORT Portable Toilet/Service Dumpster Remal / Service Permits and Printing Iron Ranger Construction Iron Ranger Installation Fencing / Posts / Kiosk Personnel NORTH SIDE SOUTH SIDE $6,26O $7,38O 1,500 280 750 662 1,535 1,370 315 * 165 hours of overtime (approx. $2,082.30) was paid by Public Works for fee collection at the dock. Kenai River Personal Use Dip Net Fishery Information- South Side ,)fief History In March of 1996, the Board of Fisheries amended the Cook Inlet Personal Use Salmon Management Plan by liberalizing it and establishing a personal use fishery season for Alaska residents. The dip net season is currently July 10~ through Jul3: 31" and requires a personal use fishery permit. Permits may be obtained at local vendors that sell _fishing license. Environmental & Social Impact A significant increase in participation of this fishery has- caused some environmental and social problems, particularly on the south side of the mouth of the Kenai River where services are limited. The Cit3,~ of Ken,fi, the Alaska Department of Fish & Game's Sport Fishing Division, the Alaska Department of Public Safety's Fish & Wildlife' Protection, Kenai Pdver Sport Fishing Association, Inc. (KRSA), and the Kenai Peninsula Borough have been wor-k/ng cooperatively to address these issues. oouth Side Fee Manag.ement Area In order 'for the City of Ker~ai to provide necessary services, a $5.00 management fee will be assessed. Fees will be used to offset costs associated with maintaining the beach and will allow dip net participants 12-hour parking within the management area. The City of Kenai and other involved agencies listed above hope that all participants have a safe and enjoyable experience. They ask all dip netters to please obey all rules and regulations and practice' good safety habits. Important Notices' 1) Sand Dune Protection,, Ground fires and motorized vehicles are prohibited on the grass-covered dunes. Off-road vehicles are not permitted on vegetated areas. 2) Parking Regulations. Parking in the fee management area requires a %.00 fee and is valid for a 12-hour period only. Please park in the area designated by fencing. 3) 4) Private Property. Please respect private property owners and use Dunes Road o~v for enterLng and exidng the bea'ch'l:There ik a public ............. parking GciEq: located off Dunes .Road, however, the surround/rig propert3..., is privately owned. Litter and Fish Waste Disposal Fish waste shall be thrown back into the water. Do not leave fish waste on the beach. A "pack it in, pack it out" policy has been adopted for all litter. Both Fish & Wildlife Protect/on and City of Kenai Public Safety Officers will enforce liner laws. A]~ other Cit3, ord/nances citable under the Municipal Code will be enforced. 2002 Tides KENA! RIVER District HIGH JULY LOW JULY DATE DOTSTM A.M. P.M. DAY GUIDE TIME FT. TIME FT. 1 Mort · 2 Tues· 3Wed · 4 Thur ® 5Fri · 6Sat ~ 7 SUN 8 Mort ~ 9 l'ues ~ Wed 11 Thur 12 Fri ~P 13Sat ~P 14 SUN ~ 15 Mon ~ 16 Tues ~ 17 Wed · 18 Thur '® 19Fri · 20 Sat · · 21 SUN -' 22 Mort · 9:17 16,8 10:19 !7.6 10:15 15.6 11:05 17.3 11:23 14.9 11:54 17.3 0:38 14,7 ... 0:44 ~7.~ 1:34 18,2 2:52 16.2 2:21 19.0 3:43 17.3 3:07 20,0 4:27 18.4 10:20 -0.2 10:19 5.2 3:51 21.0 5:08 19.4 11:00 -1,5 11:03 '4.4 4:35 21,8 5:48 20.2 11:40 -2.5 11:47 3.7 5:19 22.5 6:29 20.7 12:21-3.2 6:04 22.7 7:1021.1 ~i~6 }i~ 1:03-3.4 6:50 22.4 7:5221.1 1:16 2.8 1:45-3.0 7:39 21.6 8:3621.0 2:04 2.6 2:30-2,1 8:33 20.4 9:23 20.8 2:56 2.53:17-0.7 9:33 18.9 10:13 20.5 3:53 2.64:09 1.0 10:42 17.6 11:08 20.2 4:58 2.65:07 2.7 ~idl~ 2~16 12:01 16.7 6:10 2.36:13 4.2 1:25 16.7 7:24 1.57:23 5.0 1:11 20.1 2:40 17.5 8:33 0.5 8:31 ,5.2 2:13 20.5 3:41 18.5 9:31 4}.69:31 4..8 3:09 2i.0 4:3i 19.4 i0:2i 3:53 5.6 4:02 3.0 4:50 5.8 4:~0 4.4 5:55 5.7 $:40 7:02 $,1 0:47 0.3 8:03 4.0 7:48 6.6 8:54 2.7 8:44 6.4 9:38'1,3 0:33 5.9 -i.4 10:23 4.3 23 Tues· 24 Wed · 25 Thur · 26 Fri · 27 Sat · 28 SUN · 29 Mon· 30 Tues· 31 Wed · 3:59 21,5 4:44 21.9 5:25 22.0 6:29 20.8.... ... 12:23-2.1 6:05 21.8 7:03 20.7 0:32 3.1 12:58-1.6 6:43 21.2 7:36 20.4. 1:113.11:32 -0.8 7:21 20.3 8:09 20.0 1:493.42:06 0.3 8:00 19.2 8:42 19.4 2:283.82:39 1.7 8:42 17.9 9:16 18.7 3:094.33:14 3.2 9:30 16.6 9:54 18.1 3:544.93:52 4.8 5:14 20.2 11:06 -2.0 11:10 3.7 5:53 20.6 11:46 -?.3 11:52 3.3 A.M. fiDES LITETYPE · BIGGER THE DOT-BETTER THE FtSHING® RIII. TIDES ALASKA DAYLIGHT TIME BOLD TYPE ..... ,: ~:-,~.o-~. Porta-Potties ~o~ -...~.~'.}~!:~. Iron Ranger . ~.:~ . Fee area ahead Fee area ahead Warning soft sand 4 x 4 only CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memo To= Klm Wannamaker From: Keith Komelis August 15, 2002 Dip Net Fishery - 2002 Expenses at Kenai Boating Facility ROUGH ESTIMATE FOR MATERIALS AND CONTRACT SERVICES 4 each portable toilets Extra receipt books Paint for parking lot markings .. Extra products for the rest rooms Extra pumping of the septic tank Large Dumpster Setting ramp floats and pilings Install utilities for ramp fee shack $ 980 131 218 224 215 199 495 2476 ~I'OTAL $ 4931~ LABOR ESTIMATE Setting and pulling ramp floats and pilings Stripping the parking lot Collecting & Counting money from launch ramp fee ~rOTAL 672 448 2930 $405(~ ~RAND TOTAL Note: most but not all expense is due to the dip net fishery. $8981] !11 0 0 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- · Mayor Williams and City Council Members Linda L. Snow, City Manager DATE: September 13, 2002 Vintage Point Rent Increase Pursuant to Council direction during FY04 budget discussions and in accordance with KMC 7.15.100, the attached Vintage Point rent increases are scheduled to become effective on January 1, 2003. The Council on Aging has reviewed the recommended fees and voted unanimously to recommend them for implementation, As you know from budget discussions, 'the rental rates were raised by nine dollars in 1995 and have not been increased since. Last year's rental revenue was $229,108. We are projecting increased revenue of $22,952.00 as a result of these increases. KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENAI MEMORANDUM TO' FROM' Linda Snow City Manager Rachael Craig Senior Center Director DATE' September 8, 2002 REFERENCE' Suggested Vintage Pointe Rent Increase The Council on Aging met on Thursday, August 1, 2002. The Council on Aging voted unanimously to suggest the following Vintage Pointe Senior Housing rental increase' All one bedroom apartments would rent for $525.00, plus tax. This increase would raise one bedroom apartments to all the same rate and the range of increase would be from $11.00 to $71.00. We have ~ 1' one bedroom units. All two bedroom apartments would rent for $595.00, plus tax. This increase would raise two bedroom apartments to all the same rate and the range of increase would be from $21.00 to $69.00. We have -5 two bedroom units. All one and a half bedroom apartments would rent for $585.00, plus tax. This increase would raise one and half bedroom apartments to all the same rate, an increase of $35.00. We have 3 one and half bedroom units. This would bring all the apartments to meet average market value on the Kenai Peninsula Borough based from the AHFC Alaska rental survey 2002. Our apartments include gas heat, water, garbage and cable. The tenants pay for electricity. There are six different sized units. They range from 586 sq. fi. to 826sq fi. I suggest we send letters to each of the residents making them aware of the rental increase with rates going into effect January 1, 2003. 361 SENIOR COURT · KENAI, ALASKA 99611 TELEPHONE: (907) 283-4156 · Fax: (907) 283-3200 · E-mail: senior@ci.kenai.ak.us na! Municipal Airport M MO To: From: Date: Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager [~~__~ September 12, 2002 Subject: Airport Survey Results 2002 Recently we mailed surveys to approximately 400 pilots in the Kenai-Soldotna aroa. To date,..t, hem has beon a response rato of 27%. I have attached a copy of the survey and a list of the comments from questions 6 and 8 for your review. A complete listing of results will be provided in the next packet. Attachments Municipal Airport WHAT CAN THE KENAI AIRPORT DO FOR YOU? The following survey is intended to gather information for the City of Kenai to determine future improvements at the Kenai Nunicipal Airport. Please take a few minutes to complete ttm survey and provide any additional comments or suggestions. The Airport Commission meets on t~e second Thursday of each month in the City Hall ~ Chambers. All meetings are open to t~e public and we welcome your attendance. You may also contact the airport manager at 283- 7951. Are you a licensed pilot? Do you own an aircraft? ( )Yes ( )Yes ( )No ( )No . Please estimate the number of hours logged, in 2001. Roal~ .... Wheels Sk&s Night 3. To what extent does the presence of an air traffic control tower, affect your decision to park at the Kenai Airport? Please check one. ( ) very desirable ( ) somewhat desirable ( ) makes no difference ( ) somewhat undesirable ( ) very undesirable Do the weather/wind condiUons in Kenai affect your decision to operate at this airfield? Please check one. ( ) Yes, positively ( ) No, does not affect decision ( ) Yes, negatively . What feabJres of an airport do you consider when deciding where to park your aircraft. Please number in accordar~e to importance with #1 being the most important. Leave blank flqose items that are not ) Sm str~ I=loatplane parking Instrument approaches Crosswind runway Hanger space available Gravel runway Maintenance facility Fuel service Prompt snow removal Airfield maintenance Aircra~ wash Restaurant on-site Terminal facilities Paved parking Electrical parking Control Tower . What other type of businesses or services have you seen at other airports that you would like to see at Kenai Municipal Airport? . What type of fuel do you purchase for your aircraft? ( ) 80 or 82UL ( ) ~00LL ( ) Auto fuel ( ) ]eta or B 8. Any addiUonai comments. Question 6: What other type of businesses or services have you seen at other airports that you would like to see at Kenai Airport? iprivate hangar, space ifog keeps me from using the airport ~aircraft rental !heated hangar for maint/thaw out. Reasonable price. Pilot lounge w/vending machine. !tie down to cheap parking and no fees It-hangars car rental, cafe aircraft rentals ~:do we have aircraft wash facility !more A+Ps las ,courteSy car :aircraft camping irestaurant 'wash facility ~,on field motel or lodging is quite common at airports in the Canadian north icamping for wheels 'more FBO's and another fuel Service provider ireasonable priced restaurant ~ith good ~ours !24 hr restaurant, it seems like they are never open, especially late or very eady ladditional maintenance facilities' !more airport securi~ ....... icamping Icamping and picnic '~acilities' ' ' Iski strip .................. iMore part 135 I~sin'eS~sl ~harter'ol:[erato~ ~t the'flo'~a~: i~la~e' b~Sin. The float plane basin is Isignifieantly underdeveloped. IWould rate cosT as being 7th; Good maintenance facilib/ =ar rental hangars for rent or lease and a float pond extension , . ....... IHangar space Wash facility and parts store iAviatio'~ r~iated manufac~:~iring ......... , IHangam Question 8' Any additional comments? Q8 .taxes and proximity to Soldotna effects my decision to use airport 'handicapped parking should not be in. front of bldg, security is more important 'add fees to question 5 .too much fog at airport ~want small lots 80x100 for hangar construction adjacent to asphalt like the Soldotna H lots ~excellent airfield maintenance parking fees are important imore power outlets at paved parking, power outlets for float planes, automatic gates at float i basin, lighted float basin, ski basin ineed pilot fdendly controller in tower isupport for FBO and independent contractor wishing to access ENA am in Homer ~ ~keep up the good work igood job i cheaper to park at Soldotna and they don't change the taxes monthly !excellent help I am glad to see cooperation between ENA and SXQ. Local conditions make it valuable to have iboth airports available (weather, training, services, maintenance) , , il like the airport the way it is flees hassle from' airport management makes facilities pleasant to use ...... lwould like to see more reasonable tie down fees my croft has tundra tires in summer, do not use KMA"i'n' summer, Will not land on pavement, gravel strip is too far from services and security tgeneraily like KMA, however during some winter and last summer, then Soldotna is more appealing due to lack of fog... like airPort, friendly a~d helpful people, maybe a little (~ui~ker baggage handling, but'l und'~'stand'" you do the best you can la lot of aircraft'left Kenai becaus~ your' tie 'down-feeS-a~'e to-high ........................ lm~nagement/m~in~ena~ce'are doing a gr~t iob ............... [m0'~:~"~naintenanCe-faCilities, graVel. runway is'too far from facilities,' go'od' snow rem~'Val','aircraft-~ property tax is why I do not use KMA 1300 hours in ~elic~pter, 'tower/fee perS0~nei helpful very prOfesSiOnal ............ lyOu ha~e a good airport i ENA ~s more costly to park an a~rplane than S01dotna. Lower Prices will I~elp. Kenai taxes tairplanes. This is not helping your image or revenues ]keep everTtl~in~l e~c~nomical so as not to" ~orce people ~:o g'~ t(~ other areas ......... Il Would like't'o s~e new exPansion and fa~iliti~;s at'airport ....... IKenai ha~ 'a'v~ry' g0~i GA Airport and I a~'i'mPreSsed 'with' th~ cib/'s inl~erest in GA ~edl~ack '" !Great ~acility' lets 'of ~3otential for econo'mic'growth ............. It would be nice if the floatplane water lane were extended by 1000 ~eet. On calm, but days it be difficult to get Out of them with any kind of lead on board. I live in $oldotna. Kenai is not a good option be~au'se of the distance. If I lived in Kenai, I would keep (park) my plane them. ..................... (;18 Kenai is a fine facility. If l owned an airplane, I would want to tie down closer to home (Sterling). If I lived closer to Kenai would be perfect. My plane is based at a lake near Soldotna, so I don't use the KMA services. I only use the Soldotna field. ,Ranking of the following: 1. Close to Home, 2. Price, 3. Convenience. Secunty is a big issue. Anyone can access private parking. I feel the aircraft break-ins last year iwere not treated seriously either by the airport personnel nor the police. This and the city property taxes caused me to leave Kenai. .The Kenai airport meets my needs 100%. Keep up the gmat job. !Floatplane basin could be longer. The length is marginal with a loaded aircraft. Not currently flying for the past 3 years iTaxation base at Kenai has forced many pilots to move A/C to other locations, whilst it is realized that amenities and services cost money, lowering the taxation base as a token gesture would probably induce owners to return. Building "'1"' hangars at a rental would be a tremendous asset. Number one concern is personal property taxes, Number 2 is convenient to use, near residence. 'The new airport manager is a great improvement towards being supportive of airport leaseholders and business owners. , Need more hangar spaces for rent. A cmsswind runway too. iGreat airport, we need to figure out why more aircraft don't park Iiere ii fly MARC in Soldotna. I use Kenai in your ILS in Iow weather and stay overnight. The other iconsideration is your excellent snow removal. Not all taxiways are swept. Very hard on props. Some FBO one use their lease to store unsecured airplane parts. During high wind conditions these parts can and have flown through the air damaging an airplane several years ago. This same FBO is storing un-secured parts that can do the same thing. I would greatly appreciate the Kenai airport manager insuring that any unsecured airplane part being stored outside be removed from the field. , IThe only way we can have affordable hangar space is for the city to subsidize it like many cities !elsewhere are doing. iFees 'a~ 'Taxes are the number one Consideration w~en deciding to pa~'k my aircraft "' il would like fuel' on 'the south end of the field. Could you just move the floatplane fuel in the winter?. iThe City ;3f Ken~i'nee~s'to c°n'fon'n with the rest'Of the bo'rough, (excePt seWard), on air'craft. ' itaxa_tion.._ .W. hy.p_ay..parking and taxation when.you, only pay for. parking elsewhere. .... 1Keep big jets out . I just retired from 31 ~,ears with' Flying ~i~rs and F~dEx type rated B72~, Dcs, B747; 'and MD11.' I will likely get current in light aircraft again, but only through an FBO. Services available and airport maintenance are extremely important. For the last 10 years, I have commuted to ANC on ERA. Keep the airport open for them. Please make available outlets to plug in a block heater in long-term parking. CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: DATE: SUBJ: City Council Lawrence A. Semmens, Finance Director Linda Snow, City Manager September 5, 2002 Sales Tax Report Attached are two reports showing taxable sales. One is from the Borough in calendar year format, the other is the same data in fiscal year format. The fiscal year report combines the 3rd and 4th quarters from one year with the 1 st and 2nd quarters from the next year. Sales tax revenue is reported for the fiscal year in the financial statement. Since the 2nd quarter is not filed until the end of July, I need to estimate the 2nd quarter revenue for financial statement reporting. The increase in taxable sales for fiscal year 2002 is 2.82%. Sales tax revenue of $4,180,190 per the financial statement is up 9.7% from 2001. The difference is due to the prior year 2nd quarter estimate being low and due to collections from audits and other delinquent collections. I point this out to make you aware that sales tax revenue in 2002 includes revenue that was actually generated in a prior year. I am not expecting sales tax revenue to increase very much in 2003. If the voters pass the initiative for sales tax exemption on food I would expect a negative impact on Kenai sales tax revenue - even if the initiative does not apply in Kenai. KENAI PENINSULA BOROUGH Taxable Sales by Jurisdiction @ August 16, 2002 2000 HOMER KENAI SELDOVIA SEWARD SOLDOTNA OTHER AREAS TOTALS l st.qtr 2nd qtr 3rd qtr 4th qtr TOTALS 811612002 17,322,733 25,512,903 569,093 9,374,220 29,665,682 35,676,884 118,121,515 Percentage of change from 1999 HOMER KENAI SELDOVIA SEWARD SOLDOTNA OTHER AREAS TOTALS 8116/2002 811612002 28,734,407 35,567,772 31,538,855 36,615,916 1,018,255 1,241,108 21,160,658 32,903,030 38,763,033 50,521,822 55,133,320 66,390,277 176,348,528 223,239,925 2001 HOMER KENAI SELDOVIA SEWARD SOLDOTNA OTHER AREAS TOTALS 811612002 21,359,695 34,044,130 589,667 10,542,708 40,476,704 41,907,042 148,919,946 811612002 102,984,607 127,711,804 3,418,123 73,980,616 159,427,241 199,107,523 666,629,914 4.11% 6.77% 4.07% 5.15% 5.04% 1.33% 2.07% 5.97% 1.01 % 2.72% -0.06% 11.17% 8.43% -1.59% 5.85% 1.69% 6.30% 3.50% -0.14% 3.51% 4.31% 1.46% 0.04% 4.31% 2.23% 3.87% 8.64% 8.30% 2.25% 6.26% 3.26% 5.23% 4.58% 2.73% 4.09% 811612002 17,743,565 27,863,330 583,550 9,071,187 32,471,692 38,007,948 ._. 125,741,272 Percentage of change from 2000 2.43% 9.21% 2.54% -3.23% 9.46% 6.53% 6.45% HOMER KENAI SELDOVIA SEWARD SOLDOTNA OTHER AREAS TOTALS 2002 HOMER KENAI SELDOVIA SEWARD SOLDOTNA OTHER AREAS TOTALS 811612002 18,643,048 28,813,441 574,042 9,051,744 33,717,523 41,678,212 132,478,'010 Percentage of change from 2001 811612002 30,094,532 34,985,692 946,328 21,509,557 42,888,088 57,827,571 188,251,768 4.73% 10.93% -7.06% 1.65% 10.64% 4.89% 6.75% 8116i2002 33,745,162 34,370,263 899,037 21,815,342 43,293,64 1 55,918,413 190,04 1,858 12.13% -1.76% -5.00% 1.42% 0.95% -3.30% 0.95% 811612002 37,175,051 38,130,162 1,201,375 33,462,923 54,118,583 68,450,831 232,538,925 4.52% 4.14% -3.20% 1.70% 7.12% 3.10% 4.17% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% HOMER KENAI SELDOVIA SEWARD SOLDoTNA OTHER AREAS TOTALS 811612002 21,754,965 35,959,016 604,823 10,007,185 42,841,977 46,681,579 157,849,545 1.85% 5.62% 2.57% -5.08% 5.84% 11.39% 6.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 5.07% 3.41% -1.63% -0.21% 3.84% 9.66% 5.36% 811612002 106,768,113 136,938,200 3,336,076 74,050,852 172,320,34" 210,967,9~ 704,381,510 3.67% 7.22% -2.40% 0.09% 8.09% 5.96% 5.66% 8116/2002 52,388,210 63,183,704 1,473,079 30,867,086 77,011,164 97,596,625 322,519,868 -50.93% -53.86% -55.84°/ -58.32% -55.31% -53.74% -54.21% Fiscal Year Basis 1997 % of total Change from prior Yr 1998 % of total Change from prior Yr 1999 % of total Change from prior Yr 2000 % of total Change from prior Yr 2001 % of total Change from prior Yr 2002 % of total Change from prior Yr 3rd qtr 33,113,4O4 28.58% 2.38% 33,846,447 28.51% 2.21% 33,368,062 27.49% -1.41% 34,551,881 27.58% 3.55% 36,615,916 27.43% 5.97% 38,130,162 27.78% 4.14% City of Kenai Actual Taxable Sales 4th qtr 29,440,318 25.41% 1.63% 30,128,358 25.38% 2.34% 31,949,265 26.32% 6.04% 33,697,211 26.89% 5.47% 34,044,130 25.50% 1 .O3% 35,959,016 26.20% 5.62% 1st qtr 23,455,382 20.24% -O.99% 24,699,289 20.81% 5.30% 25,169,463 20.74% 1.90% 25,512,903 20.36% 1.36% 27,863,330 2O.87% 9.21% 28,813,441 20.99% 3.41% 2nd qtr 29,860,101 25.77% O.74% 30,041,802 25.31% 0.61% 30,881,399 25.44% 2.79% 31,538,855 25.17% 2.13% 34,985,692 26.2O% 10.93% 34,37O,263 25.O4% -1.76% TOTALS 115,869,205 1.07% 118,715,896 2.46% 121,368,189 1.000000 2.23% 125,300,850 100.00% 3.24% 133,509,068 100.00% 6.55% 137,272,882 100.00% 2.82% Page 1 . CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7/94 TELEPHONE 907-283-7535 FAX 907-263-3014 ~ MEMORANDUM TO' FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager~/,~ September 12, 2002 Department report-Council meeting of September 18, 2002 A Public Works bid information sheet is attached. We have reached a point were we can award a sole-source contract to Motorola to upgrade our dispatch communication equipment and install new equipment in the Airport Operations Facility. We have FAA approvals and we are working out the contract details with Motorola. There will be a resolution in the packet. I will be on vacation; however, Rebecca Cronkhite, Chuck Kopp, and Scoff Walden have been involved this project since inception and can answer questions. Portions of the project that are not fundable will need an appropriation for the City sham. A separate memo will address this. The auction is coming together for the 14th. HEA is also bringing items to the auction. We have been asked to investigate the condensation problem we are experiencing at the Multi-Purpose Facility during periods of high humidity. This may not be an easy problem to solve; however, Superstructures is looking at some ventilation alternatives. We will know more later. Z Z i-- Z UJ Monthly Report For September 18, 2002 Keith Kornelis, Public Works Mana;er Lawton Drive Water and Road Improvements' The water main has been installed. We are now looking at installing sewer main line crossings before the pavement is extended. DEC Municipal Match Grants' I have submitted the grant applications. Capital Project Matchinp Grant;. I am submitting "Street Improvements" for this grant request. Pillam LID' We had the pre-construction conference with Alaska Roadbuilders. They have started this project. Everything but the topsoil and seeding should be done this year. Basin View LID' Nelson & Associates is working on the design of this project. Schooner Circle LID' The public hearing is at the council meeting on September 18. Toyon Way LID: The resolution setting the Public Hearing (for 10/16) is going to council. Kenai Coastal Trail: The Corps of Engineers is still working on a new scope of work. New Well House 4: The middle aquifer from the Van Antwerp well produced only 100 gpm. This is way too Iow for our use. We are presently looking at costs for treatment at the Lawton & Swires location or possibly a new site. Wastewater Facility Plan (WWFP')' CH2MHill is continuing to work on this project. The water and sewer rate study is in progress. Brid~e Access Road W & S Feasibility Study' Wince, Corthell, Bryson is working on this project. It is being paid for by grants. Boatinq Facility: The Harbor Commission is working on different alternatives for operating the dock for next season. They had a very good meeting and plan to have a recommendation for council at the council work session of October 14. DOT Items' 1.) Public Works has swept the medians on the Spur Highway 2.) DOT had the subcontractor remove the plastic around the sidewalks 3.) DOT said they do not have the personnel to work on the cracks in the pavement on the bike paths. Grass/Trees/Slash' The grass in the pavement cracks near the Senior Center and Inlet Woods has been removed. We have removed the cut trees and slash from the Municipal Park and our yard to Section 36 for incineration by the Borough. Street Liqhts- The Forest Dr. light poles and fixtures have been repaired. The Inlet Woods lights are up and we are working with HEA with the power in the back part of the subdivision. The Police Department has made a list of lights that are out, which we are working on. Safety: The departments are doing the final review of the new Site Specific and General Health & Safety Plans. It will be discussed at the city safety committee meeting of September 24. The departments are working on items from the city safety audit. Grader: The new grader should be here in October. W & S: Norton Corrosion will help us replace the cathodic protection for our sewer line near the beach. I have completed the draft changes to Kenai Municipal Code, KMC - Water & Sewer. We are replacing the pressure sensors at Aliak lift station. We backwashed our wells, repaired fire hydrants; W & S hook up, etc... Streets: The crew has been grading, sealing cracks, making signs, repairing lawns, sweeping, hauling gravel and dirt, cleaning yard, working on the airport, building a storage rack for grader cuffing edges, hauling trees to Section 36 and junk to the dump, etc... Sewer Treatment Plant~ STp The PO has been issued for paving at the plant. We are waiting for the new aeration basin compressor and we are going to rebuild the aer~ttion basin valves. We had the old parking lot seal coated and we are getting estimates for ferlce repairs. i mo To: Linda Snow, City Manager From: Chuck Kopp, Chief of Police 9/12/02 August Monthly Report Activity levels are beginning to decrease as tourism winds down and school is back in session. The Kenai Police Department responded to 554 calls for service. The Communications Center received 98 911 calls for emergency assistance: 57 police calls, 32 EMS calls, and 9 fire suppression calls. On Saturday, August 10"~, KPD officers provided traffic control for the WRCC sponsored Kenai Peninsula Women's Run and for Industry Appreciation Day on August 24"~. Both events were well attended with no observed safety problems. Officer Ben Langham successfully completed his final phase of Field Training and ~11 be assigned to solo patrol duties. He and Officer Tdsh Gordon both graduated from the Dept. of Public Safety Police Academy in May 2002. Officer Gordon was class salutatorian, ¢~ of 36 recruits. Officer Jay Sjogren is currently attending the Dept. of Public Safety Training Academy in Sitka, August 17- November 21, 2002. Officer Aaron Tumage was hired August 19, 2002, and is currently in Phase 1 of the Field Training program. The Kenai Police Department has applied for a mobile video camera grant with the Dept. of Transportation & pUblic Facilities, Alaska Highway Safety Office. These digital video cameras will be used to replace aging/non-functional VHS-C video cameras purchased in 1995 with Highway Safety grant funds. The grant requires a 10% local match. Representatives of the Alaska Highway Safety Office have stated the grant will be approved as soon as federal funds are passed through to the State, possibly by October 1. The use of in-car mobile video cameras serves several purposes: it enables KPD to have an effective DWI enforcement program, it protects officers from false complaints of abuse, it ensures professionalism on the part of officers, and provides thorough documentation of traffic accident scenes, DWI arrests, and other traffic related arrests and investigations. The contract for the Motorola Centracom console upgrade to the Communications Center and the Airport Fire Station is being finalized and should be presented for Council review at the September 18 meeting. The 2002 Annual Dipnet Fishery report is attached as a separate item. · Page 1 KENAI FIRE DEPARTMENT ACTIVITY REPORT TO CITY MANAGER For the period of August 15, 2002- September 11, 2002 Completed negotiating Comm. Center upgrade, preparing for install. Participated in 9-11 Remembrance events. Provided blood pressure Checks for citizens. Confirmed incinerator to be placed at collection site at Section 36. Proctored State fire extinguisher certification tests. Promoted Eric Wilcox to Captain and Jason Diorec to Engineer, hired Terry Bookey as new firefighter/EMT. Planning for required FAA airport disaster drill for September 18. Will include ERA, CPGH, Nikiski and CES, and Kenai PD. Provided intermittent manpower for dispatch. Participated in Industry Day events. Conducted car seat safety checks, with Safe Kids. Attended Fire ground Survival course at PRISM, hosted by Alaska State Fire Chiefs. Co-hosted and coordinated Juvenile Fire setter Intervention training program in cooperation with State Fire Marshal's Office. nal Municipal Airport Airport Grant Applications: Byron K. Huffman, FAA Alaskan Region Airports Division Manager plans to attend the Council Meeting on September 18, 2002 to present grant offers for 2003. Airport Marketing' The Airport Commission and Airport Manager continue to work with City Council to develop a marketing plan for the Airport. New Operations Supervisor: The interview process revealed that none of the applicants had all the required qualifications. The finalists have been informed that the Airport Manager is rewriting the minimum qualifications and the job will be re-advertised Runway Painting Project' The runway and taxiways have been re-painted to comply with FAA recommendations thanks to a joint effort by the Airport, Street Department, Parks & Recreation and Stale of Alaska DOT. Special recognition goes to Mary Bondurant, Airport Administrative Assistant for the idea and for pulling the project together. Airport Survey' item. Preliminary results from responses received are included as an information t'age Iot I Linda Snow From: Ewa Jankowska Sent: Thursday, September 12, 2002 11:29 AM To: Kim Howard; Linda Snow Subject: August Report August has traditionally been one of our more quiet months since many Library patrons go on vacation. VVe 'had a slight drop in circulation (7%) but our Internet use has still been high (1151 users) and the Library was visited 8011 times. VVe continued with our regular programs - Toddler Storytime, Pre-School Storytime, internet classes and the Film Club. It is always exciting to see new faces at these events. There were many tourists who made use of our library both for Internet use and to check out information on Alaska and learn more about our local area. As these summer visitors were leaving the area we heard many thankful comments on the services we provided and the friendliness of our staff and the community. We were getting ready for the new school year. The Battle of the Books list has been posted on the Library web page and most of the books are now available to be checked out and the remaining titles have been ordered. Corey Hall, our Youth Services librarian wrote a letter to Kenai parents reminding them that September is a National Library Card Sign-Up Month. We hope to get some new Library users and encourage children to read more. School buses from Mountain View Elementary School and Kenai Middle School stop at the Library after school ancl kids can do their homework, work on school projects, play computer games or socialize until their parents pick them up later. Thanks to the generous gifts from the Friends of the Library our DVD collection has been steadily growing. Last month we purchased a collection of Agatha Christie's Hercule Poirot mysteries and some movie classics, such as, The Wizard of Oz and Life's Greatest Miracle, a documentary about the development of a child from conception to birth. Wo hoPe that our patrons will enjoy these new additions to our collections. 9/12/2002 KENAI COMMUNITY LIBRARY REPORT FOR AUGUST, 2002 CIRCULATION Adult Juvenile Easy Books Fiction 2139 Non-Fiction 1278 Periodicals 48 440 202 1359 277 Cassettes Intemet Access CDs Kits Misc. 329 1151 132 7 54 Puzzles 4 Videos 988 DVD 49 Total Printed Materials ..............5743 Total Circulation ............................ 8457 WEBPAC Searches ..........................820 ADDITIONS Docs Adult Juvenile Easy Books Gifts 3 149 6 24 Purchases - 49 7 14 AV 26 Total Additions ............................... 278 INTERLIBRARY LOANS Ordered Received Returned Books 20 11 15 1NTE~IBRARY LOANS BY OUR LIBRARY ............ 65 INTERNET USE ......... 1151 VOLUNTEERS Number .... 11 Total Hours ..... 233 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,465.62 332.25 139.60 Total Income for August,2002 ............ $1,937.47 Library Cards Issued August,2002 Kenai 38 Kasilof Nikiski 18 Soldotna 13 Other 23 Total 95 Library Patronage ...... Adult Programs ........ Childrens' Programs... 8,011 Persons 33 Persons 139 Persons CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 KENAI All America City MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Directo / September 12, 2002 Monthly Adtnini~trative Report A total of 1,483 teens visited the Teen Center in August and a total of 2,040 patrons used the Recreation Facility. Both the Teen Center and Recreation Center are entering into the busy season. We will begin our Adult Basketball registration process shortly and dances are currently being planned by Teen Center staff. I would like to welcome our new Teen Center Supervisor, Michelle McGlasson to our team. Activities at the Multi-Purpose Facility are increasing, especially now that the figure skaters have made commitments for ice on Mondays, Wednesdays, and Fridays. Ice reservations for the winter season continue to build. We have been working on obtaining some commitments from the Adult Hockey Leagues. We have experienced some problems with the build up of condensation inside the facility during our wet, rainy days. Some days are more problematic than others, depending on air circulation. The Ice Technicians, however, have been able to keep up with maimenance of the ice. Summer crewmembers have been doing an outstanding job at keeping up with the late season mowing tasks, despite the recent rain. When not performing turf maintenance, we have been busy performing routine tasks coupled with completing some deferred maimenance. The Lions Club recently completed a new sign for the backside of Municipal Park and will be installed this fall. I have been meeting with some community members interested in the development of Section 36, i.e., soccer and baseball fields. The primary goal at this time is to examine possible partnership opportunities and obtain rough cost estimates. Additionally, I met with members of the Kenai Rotary and discussed their participation in assisting with raising the canopy on spruce trees at Municipal Park. Mr. Frank GetW is interested in donating to the City a gazebo for placement at the Kenai Cemetery. He would achieve this through various donations with participation coming from the City on site preparation. Although the Parks & Recreation Commission did not have a quorum at their last meeting, members present were very receptive to the idea. The Beautification Committee did, however, pass a motion in support of the project. Mr. Getty is planning on addressing the Council on this issue as well as the need for a water line serving the cemetery. MEMORANDUM To: Linda Snow, City Manager Rachael S. Craig, Senior Center Director Date: September 10, 2002 Subject: Monthly Report Tota number of days we were open in August: Total Total Total Total Congregate Meals Served: Home Meals Served: Non-Senior Meals: Meals served in August 897 1030 34 1961 Total Transportation Assisted · Total Unassisted-Transportation: 173 196 There are 56 seniors on our active waiting list for senior housing and 115 seniors on our inactive waiting list. We are in the process of melding the active and inactive waiting list and writing a Vintage Pointe Procedures as to how the lists accommodate the persons on the merged list. The Monthly Wellness Center had 10 clients for mommy weight, blood pressure, blood draws, and or foot care. The Cemer was a voting site at the August Primary elections. The Center was rented 6 times this month. The Senior Connection had a successful Salmon Bake Fundraiser. Our senior volunteers hosted, cooked and served the food. A group fi'om ACS, led by Dennis Bible volunteered their time by cleaning, cutting, tree branches, brash, and weeds in the back area by the bluff. It sure looks a lot nicer now! The Senior Connection and Council on Aging' met. The Senior Connection requested support of the Council on Aging to move forward in applying for a pre-development grant tbr Assisted Living. Director Craig attended the U.S. Admin. On Aging and ACOA Training Conference. We reviewed the Older Americans Act Amendments, Title III and VI Coordination, partnership with federal, state and grantee, discussed the national family caregiver support program, USDA programs, and talked a little about handling donations and in- kind requiremems. I also attended the state director's meeting. Lots of information was shared having to do with the need for senior housing, fundraising ideas, and the changes happening in the SCSEP program. The activity/voltmteer coordinator has been collaborating with a non-profit agency called "Footwear for Families," Wells Fargo Bank, Kenai Rotary Club, and Footstar Meldisco (footwear wholesaler for the Kenai Big K) to provide and distribute footwear to families in need across the Peninsula. In September schools in the Kenai Peninsula, senior centers, Moose and Lions clubs will help in distributing the boots to families in need. One of our Seniors Herb Stettler, was chosen Legionnaire of the Year with the American Legion for the Western District, as well as 2002 State Legionnaire. Con fi rmation Reloort -- Memory Send Page '001 Date & Time' Sep-13-02 03'51pm Line 1 · 907 283 5068 Machine ID · City of KenailCity Clerk Job number · 346 Date · Sep-13 03'50pm To · 2833299 Number of pages · O02 Start time · Sep-13 03'50pm End time · Sep-13 03 '51 pm Pages sent · OO2 Status · 0K Job number '346 *** SEND SUCCESSFUL *** AGENDA ( K~N~I CI~ COUNCIl_ -- R~C~UL~R M~.~TIN~ SEPTEMBER 18. 2002 7:00 P.M. ~NN CI~ COUNCIL CHIEER~ b~D ;/~.ei, kenai_ak_u~ B~ OF ~U6~ENT HNIN~: ~p~al of Planning & Zoning bmmiuion Denial of appli~Uon for a Condilional Ual Pe~it for a retail b~llnm to operate a pit grooming b~ineu on lhe propl~y known 1802 Fou~ AveflUO (Lot 6, BIo~ 2, Spmoe Omvo SabdlvisJon), ~nai, ~ _l~_ H_ ED__ULI~D__P_MII_LI.I:: _C:OUMI~NTB__ (10 minutes) -i. ~yron ?~.flu~Tman, ~-/~,=~ ~qaasan Reoio~-Nrpom Division Manager e~r~menmuon of (~rane Of~m for 2003. 2, Bill ~ghili, Mlkuncla. Coe~r~ll & Co. -- Pr~ent~Uon of Single Audit Report and Ci~ of Kenai Flnan~al ~ PUBLIC H~ARINGi 1. OMinance No. ~ee3~oo2 -- ~end[ng K~C 12-20-030 to Prohibit ~e Storage of Slash for tote Than 8~y (60) Days ~ Pmpe~y WidTh ~e Ci~ of a. Substitute No. 1963-2003 -- ~ending EEC 12.20.030 to Prohibit Storage of Slash fir Mote Than 1~0 Daya o~ Prope~ Wi~in Ce~i~ Areas of ~e ~ of ~nal. 2. O~iana NO. lg724003- In~eaaing Eaamated Reanues and ~pmpHaUo~ by S3,159,~ In ~e General Fund for New Desk Tope at 3. O~inen-- No. 1973~002 -- Incasing EeUmated Revenu-- end ~~UO~a by ~20.~00 In ~e gene~l Fund, Water and Sewer Fund· and ~rr~ u~pi~_Pr~je~ Fund fo~ CommumloaUoa Equipment. b. Motion ~r Se~d Readlng (R~uires a Unanimous Vote) c. ~Uon ~r Adop~on 4. ~lolatle~ No. 2002e -- ~p~ing a Con,aa ~ Motorola for ~e ARFFISRE Communl--flo~ U~grade for the Toai Amount of ~. Raolatlg~ No. 2002a -- AaopUng a~ Nbmabe AIl=~on M~od ~r ~03 8hmed Fbherl-- Baln~ Ta Progam and Oe~lng that Nia~on Me, od Faldy Repran~ the D~MbuUon of Signifimnt E~ca ~h~i~ B~ina A~ In ~k Inlet. 6. ReeoluUon No, 2002~ -- Dim~ng ~e Comtinua~ ~ ~e ProJeot ~eoo~ CirCe h~ng D~~ and Oelgna~ng What impmvemen~ are to ~ Included [n ~ ProJe[ 7. Raelutlon Ne. 2002~ -- 8e~ng ~e Publla Hearing Date o~ ~e Propesed To~ W~y ~vi~g 8. Raeluaa Ne. 2002-87 -- Awaking a FlveYear CenSor ~r the Kenal Munlolpal N~o~ Vending ~lne Conalon b ~let O~lbuflng 9. Reaolutlan No. ~03~ -- PUDding Caplal ProJ~ i~ the C~munl~ for Submi--lo~ ~ fie aaa ~ Naska for F 2004 Funding Under the Pm]e~ Ma~ng G~t Priam (AS 37.06). OLD 8USlNi8~ : N~ BU~INESJ 1. BiI~ ~ be Paid, Bllll ~ be Ratted 2. Purchase O~em ~oeedlng ~2,~00 3. "Ordl~an~ No. q9744002- a~ding KUC 14.20.~00 8~~) ~ Clarl~ Which Acceuo~ ~~r~ M~y ~ Built Wl~ln ~e ~m~ ~d How OIo~ 6u~h ~turm~ May Be Built ko Lot UnM. g. *O~inanoe No. ~7~00~- in~eaaing B~maled Revenue .5. Oisc~ion --Vaaaon or ~m W~dy ~ree-Foot Po~on of the 3S-Foot ~~ ~ment Nong ~e E~t eoundaw of ~ovemment Lo~ 51 and 61. Ad~a=t ~ ~e 30-Foot Po~on to be Dedi~ted a ~ndlelight Drive. Ni W~in ~oUon 34. T~hlp 8 No=, Range I 1 W~ ~e~ Meridian, Na~, fie City ~ Kenal and ~e Kenal Peninsula Brough: KP8 File No. 200~-1 ~. 6, Ol~alon -- S~edule Wo~ &e~ion ~ Al~o~ Commleaffon, E~ Aviation and Coun~l ~ Di~ Al~o~ Me,etna. 7. Diseualon -- Pmpaed Ordinanm ~ending KMC 7.10.050. W~oh In~o~t~ by Reference ~e Borough Sara Tax Code by Adding a Sec~on ~=udlng ~a 5-18~00(a)(1~), WhJ~ P=vides a Sales Tax E~mp~o~ for Seflior, D~led Ve~mn, =d D~bled Roeident Renal Houalng, From Cl~ ~1~ T~ ~x~u~v~ ~~10~ ~ N~ ~ AOJOURNBE~T The pubao la invite~ t~ ~m~ ~nd ~l~p~tm. Addl~onal information is available ~rough ~e Ci~ Clerk'e ~ce at 210 Fidalgo Aanue, 8ui~ 200 ot visit out ~bai~ at h~o:/~.cJ.kanai.ak_,~ I 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 B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Byron K. Huffman, FAA Alaskan Region Airports Division Manager-- Presentation of Grant Offers for 2003. 2. Bill Coghill, Mikunda, Cottrell & Co. -- Presentation of Single Audit Report and City of Kenai Financial Statement. ITEM C: PUBLIC HEARINGS 1. 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. 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 Wdting Stations. 3. Ordinance No. 1973-2002 --Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund, Water and Sewer Fund, and ARFF/SRE Capital Project Fund for Communications Equipment. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 4. Resolution No. 2002-63 -- Approving a Contract to Motorola for the ARFF/$RE Communications Upgrade for the Total Amount of $264,769. 5. 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. 6. Resolution No. 2002-65 -- Directing the Continuation of the Project Entitled "Schooner Circle Paving District" and Designating What Improvements are to be Included in this Project. 7. Resolution No. 2002-66 -- Setting the Public Hearing Date on the Proposed Toyon Way Paving District. 8. Resolution No. 2002-67 -- Awarding a Five-Year Contract for the Kenai Municipal Airport Vending Machine Concession to Tyler Distributing Company, Inc. 9. 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). ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 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. 4. *Ordinance No. 1975-2002 --Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. 5. Discussion -- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement Along the East Boundary of Government Lots 51 and 61, Adjacent to the 30-Foot Portion to be Dedicated as Candlelight Drive, All Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2002-166. 6. Discussion-- Schedule Work Session with Airport Commission, ERA Aviation and Council to Discuss Airport Marketing. 7. Discussion -- Proposed Ordinance Amending KMC 7.10.050, Which Incorporates by Reference the Borough Sales Tax Code by Adding a Section Excluding KPB 5.18.200(a)(16), Which Provides a Sales Tax Exemption for Senior, Disabled Veteran, and Disabled Resident Rental Housing, From the City Sales Tax Code. EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www, ci.kenai.ak.us Carol L. Freas, City Clerk D610/211 MAKE 23 PACKETS COUNCIL PACKET bTSTRTBUT~ON COUNC:[L MEE'I']:N6 bATE: Mayor/Council Attorney ~ TayIor/$prin~er/Kebschull Clerk / City Man,s/er ~, Public Works Police Deportment ~' Finance / En~inee~ Senior Cente~ / Airport ~ Kim Library ~ Porks & Recreation / Clarion Fire Deportment / Blaine Gilman / AGENDA D]~$TRTBUT~ON Sewe~ T~eatment Plant Streets Shop Dock Building Maintenance Animal Control Wate~/Sewe~ Counte~ DELIVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick thei~ pocket up et City Hall. The portion of the agenda published by the Clarion should be foxed as soon es possible afte~ Noon on packet day. The camera-reedy agenda (c'/myfiles/documents/minutes/egende fo~m for paper) is emailed to the Peninsula (larion (at email Contacts) and a copy is fexed' to Denise at the ~/arion also. Home Page documents (agenda, resolutions and or'dinance$ fo~' public hea~'in~) ~r'e pl~ced in the Clerk's H'I'ML file o~' emailed 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 SEPTEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. 2. Ordinance No. 1966-2002 --Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. 3. Ordinance No. 1967-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Fund for Purchase of a Microfilm Reader/Printer for the Kenai Community Library. 4. Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. 5. Ordinance No. 1969-2002 --Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. 6. Ordinance No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non-Prepared Food. 7. Ordinance No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision (Formerly a Portion of Government Lot 61 ), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. 8. Resolution No. 2002-59 -- Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $79,788.90. 9. Resolution No. 2002-60 -- Awarding the Bid to North Star Paving & Construction, Inc. for Wastewater Treatment Plant Paving - 2002 for the Total Amount of $19,759.20. 10. Resolution No. 2002-61 -- Supporting an Amendment to KPB 2.60 Clarifying Emergency Communications Authority and Revising Membership on the E- 911 Board. 11. Resolution No. 2002-62 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Marcie's Janitorial for the Period September 1, 2002 Through June 30, 2003. ITEM G: OLD BUSINESS 1. Discussion -- Suggested Slash Removal Ordinance 2. Discussion -- City of Kenai Logo ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1972-2002 --Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Office Report Writing Stations. 4. Discussion .... Local Improvement District -- Toyon Way/Report to Council. 5. Discussion -- Schedule Board of Adjustment Hearing/Planning & Zoning Commission Denial of PZ02-43 -- An 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. Nancy Henricksen, Applicant and Appellant. 6. Discussion -- Livestock Ordinance Review. 7. Discussion-- Policy Discussions Scheduling .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 D585/211